On May 19, 2025, the U.S. Supreme Court granted the government’s request for an emergency stay of Judge Edward Chen’s order in National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. March 31, 2025). Based on the Supreme Court’s order, the March 31, 2025, district court order in case No. 3:25-cv-1766 was stayed pending the disposition of the government’s appeal in the United States Court of Appeals for the Ninth Circuit. On September 5, 2025, the U.S. District Court for the Northern District of California issued a final order setting aside Secretary Noem’s decision and allowed the 2023 TPS designation of Venezuela to continue. Therefore, TPS Venezuela beneficiaries under the 2023 Designation have their TPS extended through October 2, 2026, subject to litigation updates.
What this means for Forms I-766, Employment Authorization Documents (EADs):
- EADs with a category A12 or C19 and a Card Expires date of April 2, 2025, issued under the 2023 TPS designation of Venezuela expire on Apr. 2, 2026. Employers must reverify TPS Venezuela beneficiaries who presented these EADs before they start work on Apr. 3, 2026.
- EADs with a category A12 or C19 and a Card Expires date of Sept. 10, 2025; March 10, 2024; or Sept. 9, 2022, issued under the 2021 TPS designation of Venezuela, who reregistered under the Jan. 17, 2025 Extension notice expire on Apr. 2, 2026. Employers must reverify TPS Venezuela beneficiaries who presented these EADs before they start work on Apr. 3, 2026.
- EADs with a category A12 or C19 and a Card Expires date of Sept. 10, 2025; March 10, 2024; or Sept. 9, 2022, issued under the 2021 TPS designation of Venezuela, who did NOT reregister under the Jan. 17, 2025 Extension notice expire on Nov. 7, 2025. Employers must reverify TPS Venezuela beneficiaries who presented these EADs before they start work on Nov. 8, 2025.