TPS Extension and Redesignation for Afghanistan and Venezuela

Jackson Lewis P.C.

The Department of Homeland Security (DHS) announced the extension and redesignation of Temporary Protected Status (TPS) for Afghanistan and Venezuela.

TPS for Afghanistan will be extended and redesignated for 18 months, from November 21, 2023m to May 20, 2025. Those who already have TPS (approximately 3,100 individuals) should re-register and apply for a renewal of their employment authorization document (EAD) during the 60-day period running from September 25, 2023, until November 24, 2023. Those who do will be entitled to an automatic extension of their EADs until November 20, 2024. Afghan individuals who do not currently have TPS may apply if they have been continuously residing in the United States since September 20, 2023. Approximately 14,600 individuals may be newly eligible for TPS under the redesignation. More details are available in the Federal Register.

The specifics of the 18-month extension and redesignation of TPS for Venezuela have not yet been published in the Federal Register. But we do know that the redesignation will apply only to individuals who arrived in the United States before July 31, 2023.

DHS hopes that this redesignation will help localities such as New York City that are struggling with sheltering migrants who cannot provide for themselves because they do not have work permits. This will mean that DHS may have to prioritize Venezuelan TPS/EAD applications because, currently, those applications can take up to one year to process.

Along with the above protections, DHS will also extend protection to Afghan and Venezuelan students living in the United States throughout the extension period. Eligible students who are dealing with undue financial hardship on account of the conditions in their respective countries will be able to request work authorization, reduce their course loads, and work more hours while still maintaining their F-1 student status.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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