This fact sheet answers frequently asked questions that the Venezuelan community may have as a result of a recent decision by the Ninth Circuit Court in the NTPSA v. Noem case, revoking TPS for Venezuela for individuals protected as of 2023.

Important: This document does not constitute legal advice. If you need guidance or legal representation, consult with an immigration attorney as soon as possible.

What is the court's decision?

The decision is favorable to Venezuelans affected by the cancellation of TPS and ordered:

• Extend TPS for an additional 18 months.
• Maintain the validity of previously granted work permits.
• Update the USCIS website with information about the court's decision, and make the notice available in the Federal Register (FRN) announcing the extension of TPS until the NTPSA v. Noem case is resolved.

If I have had TPS since 2023, how does this decision affect me?

• All processes halted by the TPS cancellation on February 28 have been reinstated. This means: You can submit Form I-821 to re-register for the January 17, 2025, extension.
• You can submit Form I-765 to apply for a new work permit with an expiration date of October 2, 2026.
• Those who successfully submitted their Forms I-821 and I-765 between January 17, 2025, and before February 28, 2025, should not resubmit their applications.
• USCIS must continue to receive, review, and process the forms.
• When USCIS processes your forms, it must send you a letter notifying you of the approval of your TPS extension request, and you will then receive your new work permit.
• If you have not yet applied to renew your TPS, you should do so as soon as possible. There is no cost to re-register for TPS; you only need to pay $30.00 for processing fingerprints.
• The cost to apply for a work permit depends on how you submit your form: online for $470.00 or $520.00 for processing by regular mail.

If I had TPS since 2021, what should I do?

• Your immigration status and work permit remain valid until September 10, 2025.
• You can apply for an 18-month extension and a new employment authorization card.
• All processes that were halted with the February 28 cancellation are now in effect again: you can submit Form I-821 to request re-registration for the TPS extension on January 17, 2025, and you can submit Form I-765 to apply for a new work permit with an expiration date of October 18, 2026.
• USCIS must continue to receive, review, and process the forms.
• Once USCIS processes your forms, it must send you a letter notifying you of the approval of your TPS extension application, and you will then receive your new work permit.
• If you have not yet applied to renew your TPS, you should do so as soon as possible. There is no cost to re-register for TPS, only $30.00 for fingerprinting. The cost to apply for a work permit depends on how you submit your form: online $470.00 or $520.00 to process by regular mail.
• Children under 14 years of age should not pay anything to process applications.
• Take action as soon as possible; the longer you delay applying for TPS, the longer the wait will be.
• Seek appropriate legal advice. DO NOT seek the advice of notaries, as they are not authorized to provide legal advice or complete immigration forms.
• Beware of scams; you will lose money and possibly affect your opportunity to apply for TPS immigration relief.
• Those who have already submitted applications in compliance to the TPS extension announced on January 17, 2025, should not resubmit applications. USCIS must continue to review and process the forms.
• Please wait for the USCIS letter notifying you that your TPS extension application and a new employment authorization (EAD) application have been approved, expiring on October 2, 2026.

How do I prove my immigration status and work authorization to employers and the DMV?

• A printed copy of Judge Edward Chen's decision of March 31, 2025.
• A printed copy of the TPS extension published in the Federal Register (FRN) on January 17, 2025.
• Make sure you fully understand and can explain the judge's decision and who it covers. We cannot assume that your employer or DMV employees are aware of it. Your ability to educate in these spaces is your most important tool.

While the NTPSA vs. Noem case continues in court, what should I do?

• Get informed: Participate in informational sessions with community-based organizations with proven track records to learn about updates on the lawsuit.
• Invest time to read and reflect on the educational tools you receive at these meetings.
• Know your rights and exercise them. Rights mean nothing if you don't claim them. Given that there are thousands of people in your situation, not all organizations may be able to provide immediate support. Information is your best defense.
• Get organized! Get involved in local campaigns. This will be a medium- to long-term fight in the courts. In the meantime, many challenges may arise. If you are part of local organizing efforts, you are paving the way to respond to these emergencies.
• Don't isolate yourself; fear paralyzes you and prevents you from making sound decisions.
• Beware of scams!
  
  • Notaries are not lawyers and cannot provide legal advice or fill out immigration forms.
  • Don't pay unauthorized people; you could lose money and jeopardize your immigration status.

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