EAD Extensions for 2021 TPS Holders: USCIS Provides Key Guidance
U.S. Citizenship and Immigration Services (USCIS) has issued a critical update concerning the Employment Authorization Documents (EADs) for Temporary Protected Status (TPS) beneficiaries from Venezuela. This announcement, while seemingly technical, has significant and immediate implications for thousands of individuals and their employers, as it outlines new expiration dates and the necessary steps for reverification.
The Two Venezuela TPS Designations
To understand the USCIS guidance, it’s important to recognize that Venezuela has had two separate TPS designations. The first, granted in 2021, provided benefits that have been extended. The second, a redesignation in 2023, was terminated by the current administration. The different expiration dates for EADs are a direct result of these distinct designations and subsequent legal and policy changes.
Key Expiration Dates and Reverification Requirements
According to the USCIS announcement, specific EADs for beneficiaries under the 2021 TPS Venezuela designation are no longer valid. These are EADs with a Category Code of A12 or C19 that had a “Card Expires” date of March 10, 2024, or September 9, 2022. USCIS has clarified that these documents officially expired on March 10, 2025. Employers must have completed the reverification process for these employees before they resumed work on March 11, 2025. This involves the employee presenting a new, valid document from either List A or List C of the I-9 acceptable documents.
The guidance also addresses beneficiaries of the 2023 TPS Venezuela redesignation. EADs for this group, with a Category Code of A12 or C19 and an expiration date of April 2, 2025, must also be reverified. The deadline for this action was before employees began work on April 3, 2025. This specific directive is particularly complex due to ongoing litigation surrounding the termination of the 2023 TPS designation.
What This Means for Employers and Employees
For employers, this guidance is a legal imperative. Failure to properly reverify an employee’s work authorization can lead to significant penalties, including fines and, in some cases, criminal charges.
For affected Venezuelan TPS beneficiaries, this announcement is a source of stress and uncertainty. Those whose EADs have expired must now find and present a new valid document to their employer to continue working. This could be a new EAD, a TPS re-registration receipt, or another document from the I-9 list. The process requires prompt action to avoid any interruption in employment. The situation highlights the precarious nature of TPS and the need for individuals and their legal counsel to stay continuously updated on the latest policy announcements and legal developments.
