On January 10, 2025, the Department of Homeland Security (DHS) announced significant updates that will benefit noncitizens who have applied for or currently hold Temporary Protected Status (TPS) under the designations for Ukraine, Venezuela, El Salvador, and Sudan. This new directive revises the expiration dates for certain TPS beneficiaries from Venezuela and extends TPS for all beneficiaries from Sudan, El Salvador, and Ukraine. Additionally, it prolongs the validity of specific Employment Authorization Documents (EADs) for individuals under these TPS designations.
Background on TPS
The Temporary Protected Status (TPS) program was established by Congress in 1990 to grant eligible nationals protection from deportation when returning to their home country would be unsafe due to ongoing conflict, natural disasters, or other extraordinary conditions. The program also allows beneficiaries to obtain work authorization, which may be extended or automatically renewed under certain circumstances.
TPS Extension for El Salvador
DHS has extended TPS for El Salvador for an additional 18 months, from March 10, 2025, to September 9, 2026. Additionally, the validity of previously issued EADs under this designation has been automatically extended until March 9, 2026. Approximately 232,000 Salvadoran TPS holders will need to re-register to maintain their status, provided they continue to meet eligibility criteria. Re-registration is limited to those who were previously granted TPS under El Salvador’s prior designation.
An upcoming Federal Register notice, expected to be published on January 17, 2025, will confirm this extension. The notice will specify that certain EADs with expiration dates ranging from March 9, 2018, to March 9, 2025, will be automatically extended until March 9, 2026. The guidance will also outline the process for employers to verify continued employment authorization using the Automatic Extension Eligibility Calculator provided by USCIS.
Ukraine TPS Extension
TPS for Ukraine has been extended for 18 months, now set to expire on October 19, 2026. Ukrainian TPS holders must re-register within a 60-day window beginning on January 17, 2025, to continue receiving protection. This extension applies to Ukrainian nationals and nonnationals who last resided in Ukraine and have remained in the United States since at least August 16, 2023, regardless of their prior immigration status.
EADs for Ukrainian TPS holders will be extended for 12 months, and the Federal Register notice, scheduled for January 17, 2025, will provide details on the re-registration and EAD renewal processes. Those eligible may use either the automatic extension, which lasts until April 19, 2026, or file for an EAD renewal to receive a 540-day extension beyond their card’s expiration date, with no extension beyond October 19, 2026.
Venezuela TPS Extension
TPS for Venezuelan nationals has been extended for 18 months, from April 3, 2025, to October 2, 2026. This extension affects approximately 600,000 Venezuelan beneficiaries, allowing them to maintain protected status if they continue to meet the necessary requirements. Eligible Venezuelans must have continuously resided in the United States since July 31, 2023, as those arriving after this date are not eligible.
Re-registration for Venezuelan TPS holders will be open from the date of the Federal Register publication until September 10, 2025. The upcoming Federal Register notice will confirm that certain EADs with expiration dates up to September 10, 2025, will be automatically extended until April 2, 2026. Individuals may also opt to file an EAD renewal application for an additional 540-day extension.
IMPORTANT UPDATE: On Tuesday, January 27, 2025, DHS Secretary Kristi Noem canceled the latest extension of Temporary Protected Status issued by Biden, which allowed eligible Venezuelans to stay legally and work through Oct. 2, 2026. This will end TPS for Venezuelans on September 10, 2025. This action may be the subject of future legal challenges.
Sudan TPS Extension
The DHS has extended TPS for Sudan for 18 months, now set to expire on October 19, 2026. Sudanese nationals and certain former residents of Sudan who have remained in the United States since at least August 16, 2023, are eligible to re-register. EADs for Sudanese TPS beneficiaries will be automatically extended for 12 months.
The Federal Register notice, expected on January 17, 2025, will confirm that specific EADs with expiration dates between November 2, 2017, and April 19, 2025, will be automatically extended until April 19, 2026. Eligible individuals may also apply for a renewal, securing an additional 540-day extension, not exceeding October 19, 2026.
Implications for Employers
The evolving status of TPS continues to affect both beneficiaries and employers who rely on their contributions to the workforce. Many industries facing labor shortages may experience further challenges due to shifts in immigration policies and enforcement measures. The uncertainty surrounding TPS underscores the need for legislative action to provide long-term stability for affected individuals and businesses. Employers should stay informed about updates to work authorization documentation requirements and ensure compliance with federal regulations.
As the political landscape evolves, TPS policies remain subject to change. Employers and affected individuals should monitor government announcements and consult legal professionals to navigate these developments effectively.
About the Author
Elizabeth Garvish
Elizabeth L.A. Garvish founded Garvish Immigration Law Group, LLC in 2011 after practicing immigration law in small boutique firms, big law and nonprofits. Elizabeth is a frequent speaker and presenter on entrepreneurship and U.S. immigration topics around the world. She is an active member of the American Immigration Lawyers Association (AILA) and serves on various national committees and is the Past Chair of the Georgia-Alabama Chapter of AILA. Elizabeth is also a certified member of the EO Global Speakers Academy.