On July 14, 2025, U.S. Citizenship and Immigration Services (USCIS) released instructions implementing a Supreme Court emergency stay in National TPS Alliance v. Noem for Venezuelan Temporary Protected Status (TPS) beneficiaries who received certain TPS-related documentation on or before February 5, 2025. Pending further litigation, they will maintain TPS and their documentation will remain valid.
Pending resolution of the litigation, this means that for the Form I-766, Employment Authorization Document (EAD) category A12 or C19 issued under the TPS Venezuela 2023 redesignation:
- TPS Venezuela beneficiaries who received TPS-related EADs that show a “Valid From” date that is on or before February 5, 2025, and a “Card Expires” date of October 2, 2026, will maintain that status and their documentation will remain valid.
- TPS Venezuela beneficiaries who received TPS-related EADs with a “Card Expires” date of April 2, 2025, and who received Forms I-797, Notices of Action, indicating receipt of a timely filed Form I-765 renewal application that were issued on or before February 5, 2025, automatically extending their employment authorization for up to 540 days, will maintain TPS, and employment authorization and their EADs will remain valid for up to 540 days (i.e., until September 24, 2026).
USCIS issued related guidance for employers when employees present the above-listed EADs to complete or update Form I-9, Employment Eligibility Verification:
- If your employee presents an EAD with category A12 or C19 that shows a “Valid From” date that is on or before February 5, 2025, and a “Card Expires” date of October 2, 2026, enter October 2, 2026, on Form I-9 as the expiration date of the EAD.
- If your employee presents an EAD with category A12 or C19 and a “Card Expires” date of April 2, 2025, and a renewal application receipt on Form I-797, Notice of Action, that was issued on or before February 5, 2025, and you determine from the date on Form I-797 that the renewal application was timely filed during the TPS registration period, the employee’s A12 or C19 EAD has been automatically extended for up to 540 days and, therefore, you should enter September 24, 2026, as the expiration date of the EAD.
