TPS for Venezuela: What You Need to Know About EAD Validity After Federal Court Rulings

Jasmyn Kamal • July 28, 2025
Tps for venezuela what you need to know about EAD validity after federal court rulings

Court Orders, DHS Vacaturs, and Legal Confusion—What’s Going On?


Over the past few months, TPS recipients from Venezuela—particularly those covered under the 2023 redesignation—have faced enormous legal uncertainty. On February 5, 2025, DHS Secretary Kristi Noem vacated the 2023 TPS redesignation, effectively stripping many Venezuelans of their TPS status and terminating their employment authorization.

This policy shift was immediately challenged in federal court by the National TPS Alliance. On March 31, 2025, Judge Edward Chen of the Northern District of California temporarily blocked the termination, preserving TPS and work authorization for hundreds of thousands of Venezuelans. However, on May 19, 2025, the U.S. Supreme Court granted the government’s emergency request to stay Judge Chen’s order, allowing DHS’s termination of the 2023 TPS designation to move forward—at least temporarily. This created mass confusion for beneficiaries, employers, and legal practitioners.


What the Federal Court Clarified on May 30, 2025


In a subsequent ruling on May 30, 2025, the federal court clarified that Venezuelan TPS recipients under the 2023 designation who had received TPS documentation on or before February 5, 2025—including EADs, Form I-94s, and I-797 Notices—will retain their TPS status and work authorization pending final resolution of the case.

The court ordered DHS to postpone the effective date of its termination decision for those individuals. As a result, many Venezuelan nationals who applied early and received their documentation before the February deadline still have valid TPS and EADs, with expiration dates listed as late as October 2, 2026.


USCIS Clarifies EAD Validity for TPS Venezuela Recipients


USCIS has issued guidance aligning with the court order and confirming EAD validity for certain Venezuelan TPS holders. Here's how to determine whether an EAD remains valid:


A table showing the ead expiration dates and notes

Important: Any documentation with October 2, 2026 expiration received after February 5, 2025 is no longer valid.


Immediate Impact: 350,000 Venezuelans and Their Employers Affected


The Supreme Court’s stay on the district court order means DHS may continue with its plan to terminate TPS under the 2023 designation, unless future litigation succeeds. As a result, many TPS holders face immediate loss of work authorization, creating serious consequences for individuals and employers alike.


Recommendations for TPS Holders, Employers, and Practitioners


For TPS Holders Under the 2023 Designation:


  • Review your EAD and related notices—especially the issue date and expiration date.
  • If your EAD was issued on or before Feb. 5, 2025, and says it’s valid until Oct. 2, 2026, it likely remains valid.
  • Consult with an immigration attorney to explore other immigration options.


For Employers:


  • Monitor USCIS I-9 Central for updates.
  • Be cautious before taking adverse action based on EAD expiration.
  • Preserve I-9 documentation and seek legal counsel before making employment decisions.


For Practitioners:


  • Document all communications with clients regarding TPS status and EAD validity.
  • Preserve I-765 receipt notices, I-797s, and USCIS screen captures.
  • Monitor litigation and pending guidance from DHS and ICE.


Call to Action: We Must Protect Venezuelan Families


TPS exists to protect those fleeing devastating humanitarian crises—and that is exactly the situation facing Venezuelans today. The legal whiplash of TPS designation, vacatur, court stays, and conflicting guidance has left vulnerable individuals in legal limbo, their livelihoods hanging in the balance.

We urge Congress, DHS, and USCIS to provide clarity and compassion. We also urge the community, advocates, and employers to stand with Venezuelan TPS holders—many of whom are longtime residents, parents, and contributors to our economy. Now is not the time to strip them of their legal protections.

If you or your loved ones are impacted, please reach out. We can assess your case and help you navigate this uncertainty with experience and care.

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