Key information:

• Venezuela received a new 18-month designation of Temporary Protected Status, or TPS, designation from March 9, 2021, through Sept. 9, 2022.
• USCIS estimates that approximately 323,000 individuals are eligible to file applications for TPS under the designation of Venezuela.
• The Federal Register Notice also contains information about the implementation of Deferred Enforced Departure, or DED, for Venezuela, which was designated by the prior administration and extends through at least July 20, 2022.

TPS for Venezuela

Eligibility for TPS:

• To be eligible for TPS, Venezuelans must submit an Application for Temporary Protected Status (Form I-821) and pay the filing fee (or submit a Request for a Fee Waiver (Form I-912)) AND:
  • Be a Venezuelan national or noncitizen having no nationality who last habitually resided in Venezuela;
  • Have continuously resided in the United States since March 8, 2021; and
  • Have been continuously physically present in the United States since March 9, 2021.
  • However, otherwise eligible individuals are not eligible if they:
  • Have been convicted of any felony or two or more misdemeanors committed in the United States;
  • Are found inadmissible under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
  • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity; or
  • Fail to meet the continuous physical presence and continuous residence in the United States requirements.

Registration for TPS:

• A 180-day registration period begins on March 9, 2021, and ends on Sept. 5, 2021.
• To register for TPS based on the designation of Venezuela, you must submit an Application for Temporary Protected Status (Form I-821) and pay the filing fee (or submit a Request for a Fee Waiver (Form I-912)).
• Because Venezuela is a new TPS designation, there is a $50 fee for Form I-821, or applicants can apply for a fee waiver. Learn more here. 
• Applicants age 14 and over must also submit a biometrics service fee, which is $85. Individuals unable to pay the biometrics fee may submit a Request for a Fee Waiver (Form I-912).
• More information on fee waivers can be found here: uscis.gov/i-912.
• If you receive a denial of your fee waiver request and are unable to refile by the registration deadline, you may still refile your Form I-821 with the biometrics fee. USCIS will review this situation to determine whether you established good cause for late TPS registration. However, you are urged to refile within 45 days of the date on any USCIS fee waiver denial notice, if possible.

Work Authorization for TPS:

• TPS work authorization under this designation will be valid until Sept. 9, 2022.
• Venezuelans who want to obtain an Employment Authorization Document, or EAD, under TPS must file an Application for Employment Authorization (Form I-765) and pay the Form I-765 fee (or submit a Request for a Fee Waiver (Form I-912)).
• If you do not want to request an EAD during the TPS registration period, you may also file Form I-765 at a later date and pay the fee (or request a fee waiver), provided that you still have TPS or a pending TPS application.
• Consult the Federal Register Notice for more information about what documents to present to your employer related to work authorization through TPS.
• For general questions about the employment eligibility verification process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or email USCIS at I-9Central@dhs.gov. USCIS accepts calls in English, Spanish and many other languages. Employees or applicants may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for information regarding employment discrimination based upon citizenship, immigration status, or national origin, including discrimination related to Form I-9 and E-Verify.

DED for Venezuela

Eligibility for DED:

• DED for Venezuela was designated on Jan. 19, 2021, under the previous administration and is valid until July 20, 2022.
• To be eligible for DED, a person must be a Venezuelan national, or person without nationality who last habitually resided in Venezuela, present in the United States as of Jan. 20, 2021, with the exception of people:
  • Who have voluntarily returned to Venezuela or their country of last habitual residence outside the United States;
  • Who have not continuously resided in the United States since Jan. 20, 2021;
  • Who are inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or removable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
  • Who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
  • Who were deported, excluded, or removed, before Jan. 20, 2021;
  • Who are subject to extradition;
  • Whose presence in the United States the Secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety; or
  • Whose presence in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.

Registration for DED:

• Unlike TPS, there is NO affirmative registration process for DED. Individuals who would like to apply for work authorization through DED must still apply for an Employment Authorization Document. See section below.

Work Authorization for DED:

• DED work authorization under this designation will be valid until July 20, 2022.
• Venezuelans who want to obtain an Employment Authorization Document, or EAD, under DED must file an Application for Employment Authorization (Form I-765) and pay the Form I-765 fee (or submit a Request for a Fee Waiver (Form I-912)). 
• Consult the Federal Register Notice for more information about what documents to present to your employer related to work authorization through DED.
• For general questions about the employment eligibility verification process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or email USCIS at I-9Central@dhs.gov. USCIS accepts calls in English, Spanish and many other languages. Employees or applicants may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for information regarding employment discrimination based upon citizenship, immigration status, or national origin, including discrimination related to Form I-9 and E-Verify.

Comparing Venezuela DED and Venezuela TPS:

• The Venezuela DED designation expires on July 20, 2022. The Venezuela TPS designation expires on Sept. 9, 2022. (Note that both of these designations could be extended.)
• Unlike TPS, DED is an administrative stay of removal as opposed to a statutory immigration benefit. DED is not a specific immigration status but provides temporary protection from removal. As such, DED does NOT involve a registration process like TPS and there is no application form that must be submitted to obtain DED coverage. However, to receive work authorization under either DED or TPS, you must file an Application for Employment Authorization (Form I-765) and pay the Form I-765 fee (or submit a Request for a Fee Waiver (Form I-912)).
• Those who would like to apply for TPS — which is designated for a longer period than Venezuela DED at this time — must register for TPS during the 180-day registration period, from March 9, 2021, to September 5, 2021.
• Individuals who apply for an EAD under DED do not need to also apply for an EAD through TPS if they register for TPS. CLINIC strongly recommends consulting with a qualified legal practitioner when deciding whether to apply for an EAD through DED or TPS. If a Venezuelan with an EAD via DED later files for and obtains TPS and would like an EAD under TPS, they may file a new I-765 and pay the fee (or request a fee waiver).

Venezuela DED v. TPS Comparison Chart

	Current designation period	Registration process (to receive protection from deportation)	Work authorization process
DED	Through July 20, 2022 (the President has the authority to extend or end DED for Venezuela after July 20, 2022).	No registration required	Venezuelans who want to obtain an Employment Authorization Document, or EAD, under DED must file an Application for Employment Authorization (Form I-765) and pay the Form I-765 fee (or submit a Request for a Fee Waiver (Form I-912)). Employment authorization under this DED designation would end on July 20, 2022.
TPS	Through Sept. 9, 2022 (the Department of Homeland Security has the authority to extend or end TPS for Venezuela after Sept. 9, 2022).	A 180-day registration period begins on March 9, 2021, and ends on Sept. 5, 2021. To register for TPS, you must submit an Application for Temporary Protected Status (Form I-821) and pay the filing fee (or submit a Request for a Fee Waiver (Form I-912)).	Venezuelans who want to obtain an Employment Authorization Document, or EAD, under TPS must file an Application for Employment Authorization (Form I-765) and pay the Form I-765 fee (or submit a Request for a Fee Waiver (Form I-912)). Individuals who have applied for an EAD through DED do not need to also apply for an EAD through TPS if they register for TPS. If a Venezuelan with an EAD via DED later files for and obtains TPS and would like an EAD under TPS, they may file a new I-765 and pay the fee (or request a fee waiver). Employment authorization under this TPS designation would end on Sept. 9, 2022.

Avoiding Legal Services Fraud

• Venezuelans registering for TPS/TPS work authorization or DED work authorization should seek qualified legal assistance and beware of fraud. More information about avoiding legal services scams is available here: cliniclegal.org/resources/protecting-your-community/unauthorized-practice-immigration-law.