Venezuela's TPS: Who DOES maintain protection until 2026

paola vanessa romero rondon
Oct 15
4 min read

In recent weeks, there has been a lot of confusion and concern about Temporary Protected Status (TPS) for Venezuelans. You've heard news about a cancellation, a court order, and different dates. It is normal to feel lost.

The purpose of this article is to explain to you as simply as possible what is going on, clear up the confusion and, most importantly, tell you who IS still protected by TPS until October 2, 2026.

What happened to Venezuela's TPS? The news of the cancellation.

To understand the good news, one must first understand the problem. Recently, the Department of Homeland Security (DHS) announced that, after a review, it decided to cancel the TPS designations for Venezuela (both 2021 and 2023). The reason given is that they consider that the situation in that country no longer justifies this protection.

Cancellation of TPS in 2023: This decision was upheld by the Supreme Court on October 3, 2025.

Cancellation of TPS in 2021: This measure will take effect on November 7, 2025.

When you hear this, it's logical to panic and think that it's all over. But this is not the case for everyone, and here comes the important part.

Court Order protecting a group of Venezuelans.

Prior to the government's cancellation of TPS, a judge in the Northern District Court of California issued an injunction on May 30, 2025. This order protects a specific group of Venezuelans who were already in the program, ensuring that their permits remain valid.

This court decision is the reason why, despite the news of the general cancellation, there is a group that DOES keep their TPS and work permit until October 2, 2026.

Who DOES Maintain TPS Protection?

Here is the key information you need. According to USCIS, you DO keep your TPS status and work authorization (EAD) until October 2, 2026 if you meet ALL of these conditions:

You re-registered for TPS under the extension that was published on January 17, 2025.

You received your documents (your EAD work permit, Form I-797 approval and Form I-94) with an expiration date of October 2, 2026.

You obtained these documents on or before February 5, 2025.

If you are in this group, USCIS has been very clear: your protection and your documents are still valid until October 2, 2026. You do not have to do any new paperwork, as the validity was automatically extended by the judge's order.

Frequently asked questions (FAQ) about the new immigration fees:

1. If my documents state that they expire in 2026 and I am eligible, does the government cancellation affect me?

Not for now. The court order protects you. Although the program was cancelled for the future, your current documents and status are still valid until October 2, 2026.

2. What happens to those who had the 2021 TPS?

The cancellation of the 2021 designation will become effective on November 7, 2025. However, if you had 2021 TPS but successfully re-registered under the 2023 extension and meet the three requirements above, you are still protected by the judge's order until 2026.

3. Can new TPS applications be filed for Venezuela?

No. Due to the cancellation of the program by DHS, new TPS applications for Venezuelans are no longer being accepted. The current protection only applies to the specific group covered by the court order.

4. What should I do if my employer has doubts about my work permit?

You can show your employer your work permit (EAD) with the expiration date of 2026. You can also direct them to the official USCIS website where this situation is explained. If you have problems, it is very important that you contact an immigration attorney.

5. What will happen after October 2, 2026?

TPS is a temporary status. This extension gives you time to explore other legal options for staying in the United States. It is very important that you use this time to talk to an immigration attorney about your case and see if you qualify for another type of status, such as asylum or a family-based petition.

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