On March 8, 2021, the Secretary of Homeland Security, Alejandro Mayorkas, designated Venezuela for Temporary Protected Status [1] which will allow Venezuelan nationals to obtain Employment Authorization and permission to remain lawfully in the U.S. for 18 months, starting March 9, 2021, to September 9, 2022, so long as they meet the TPS [2] eligibility requirements.
To be eligible, Venezuelan nationals must demonstrate that they have been continuously present in the U.S. as of March 8, 2021. Any individuals arriving to the U.S. after this date are not eligible. In addition to the physical presence requirement, they must undergo a security background check and may not be eligible if they have serious or multiple criminal convictions. Removal or Deportation Orders will not prevent any Venezuelan from receiving TPS.
Individuals seeking TPS will have to file the proper application (I-821) with USCIS within the 180-day registration period (from March 9, 2021 to September 5, 2021) and go through the appropriate background and security checks. Applicants may also apply for a work authorization document (I-765) as well as for a travel authorization and re-entry document (I-131).
The Federal Register Notice (FRN) [3] contains more information about eligibility criteria for TPS and the Employment Authorization Document, as well as for the Deferred Enforced Departure (DED) [4] program which provides an administrative stay of removal to Venezuelan nationals with an open order of deportation, according to the Memorandum issued on January 19, 2021 [5].
Venezuelans that have applied or will be applying for DED do not need to submit another application for a work permit document (EAD) with their TPS application, however, it is recommended that they apply for TPS during the 180 day registration period if they believe to be eligible for TPS, even if they are protected under DED, so that they may be covered by TPS after the DED expires.
60 days before TPS expires, the Federal Government will evaluate if the TPS designated country still fulfills the TPS conditions and will decide whether to extend the status for 6, 12 or 18 months or to terminate this designation. If the TPS designation is terminated, TPS holders will return to their previous lawful or unlawful immigration status or any other unexpired immigration status they obtained while on TPS. USCIS estimates that approximately 323,000 Venezuelan individuals are eligible to file TPS applications under this new designation.
If you, a friend or a family member needs help to obtain TPS Immigration Status [2], along with their work permit and travel authorization, our Boston Immigration Lawyers [6] are ready to help. Call (617) 303-2600 to schedule an appointment of fill out our online appointment request [7]. Most importantly, our immigration attorneys can also help in identifying if there is a way you can also apply for a permanent immigration status while you are in Temporary Protected Status.