On September 5, 2025, the Ministry of Internal Security (DHS) issued a prior version of the Federal Register notification formally ending the 2021 protected case for Venezuela. The final publication is scheduled to be published on Monday, September 8, 2025, with a valid 60 days after November 7, 2025.
We discussed the legal background and the effects of this decision in our last post: The Ninth Circle supports the Venezuelan TPS protection – the number 2021 ends in any case
EAD automatic extension until November 7, 2025
To support the organized transition, the Ministry of National Security automatically expands specific employment licensing documents (EADS) until November 7, 2025, provided that EADS has category A-12 or C-19 codes and has an original expiration date for:
- September 9, 2022
- March 10, 2024
- September 10, 2025
Employers may rely on this automatic extension and must take steps to update the I-9 records according to this by following USCis instructions for automatic extensions.
What next? I-9 Ospelling and appreciation responsibilities
As of November 7, 2025, individuals who were granted TPS will not be declared under VENEZUELA for the year 2021 to work on the TPS grant. Unless it is eligible under another valid migration, obtaining ead with a category icon other than TPS, or other valid work licensing documents, their work permission will end.
Employers must:
- I-9 update immediately to reflect the automatic extension;
- Track the expiration dates and estimate plan in or before November 7, 2025; and,
- Communicate with the affected employees to determine whether they have or can obtain another legal basis to continue the work.
No additional extensions on the basis of TPS in the absence of litigation and interference in court.
After reviewing the country’s circumstances in Venezuela and consulting with the appropriate American government agencies, the Secretary decided that the conditions that support the lanezuela 2021 TPS designation is no longer a meeting.
(Federal Register notification, 2025-17087)
The suspended TPS applications will not lead to the TPS -based EADS
As of June 2025, the Ministry of National Security has reported more than 106,000 suspended requests under the naming of 2021 TPS. However, these cases will not lead to a TPS work permit unless the applicant is eligible to obtain another form of relief from immigration. We expect to see a percentage of employees who are able to introduce new Eads in different categories, including C08 (applicant ASYLE).
Employers should avoid assuming the continuation of the existing employment eligibility only on the presence of the suspended TPS app (for example, the I-797C receipt notice). \
For more information, contact your SEYFARTH or Dawn Lurie’s relationship. The SEYFARTH Group for Specialized Compliance and Enforcement – recognized as national leaders in this field – is trusted by Fortune 100 companies in addition to small companies across the country to obtain strategic and practical advice. The collection provides comprehensive guidelines on the i-9 and E-Verify compliance, ICE inspections, work enforcement procedures, internal immigration assessments, I-9 audits, DEL wage and migration investigations, public trips/ITAR, and DOJ-ER antifook, including external care and declaration control/ITAR.