Parting Gifts from the Biden Administration: TPS Extensions Ukraine, Venezuela, El Salvador, and Sudan

On January 10, 2025, the Department of Homeland Security (DHS) announced important changes that will benefit noncitizens who have applied for or currently hold Temporary Protected Status (TPS) with designations for Ukraine, Venezuela, El Salvador, or Sudan. The recent announcement amends the previous expiration dates for certain TPS beneficiaries for Venezuela and all TPS beneficiaries for Sudan, El Salvador and Ukraine. This announcement will also extend the validity of certain Employment Authorization Documents (EADs) issued under the TPS designations for Ukraine, Venezuela, El Salvador, and Sudan.

Established by Congress in 1990, the DHS Secretary can designate a foreign country for TPS  “due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.” TPS provides recipients with temporary work authorization, often renewable and extended automatically in certain situations.

El Salvador

The DHS announced the extension of TPS for El Salvador for 18 months, from March 10, 2025, to Sept. 9, 2026. The announcement also stated that USCIS has automatically extended the validity of previously issued EADs under the TPS designation for El Salvador until March 9, 2026.

The announcement notes that the extension of TPS for El Salvador allows approximately 232,000 current beneficiaries to re-register for TPS, if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for and were granted TPS under El Salvador’s prior designation.

We expect the Federal Register (FR) notice, due to  be published on January 17,  to track the unpublished version, which states:

“Accordingly, through this Federal Register notice, DHS automatically extends through March 9, 2026, the validity of certain EADs previously issued under the TPS designation of El Salvador. As proof of continued employment authorization through March 9, 2026, TPS beneficiaries can show their EAD with the notation A12 or C19 under Category and a “Card Expires” date of March 9, 2025, June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan.  4, 2021, Jan. 2, 2020, Sept. 9, 2019, or March 9, 2018."

The unpublished FR includes an FAQ that reminds employees they can choose to use either the FR auto extension detailed above, in which case eligible EAD cards will be automatically extended until March 9, 2026 without further action needed by the employee; or the employee may file a Form I-765 EAD renewal application to extend the employee’s EAD up to 540 days from the “Card Expires” date. In no case may the EAD be automatically extended past September 9, 2026.

USCIS reminded employers that they may use the  Automatic Extension Eligibility Calculator on the USCIS website to calculate the new EAD expiration date. When completing the Form I-9, employers must enter “EAD EXT” in the Additional Information field of Section 2. The FR unpublished notice also details how to update the Form I-9 for existing employees.

Ukraine

The DHS has also announced an 18 month extension of Temporary Protected Status protections for noncitizens holding TPS designations for Ukraine, through October 19, 2026. Current Ukraine TPS beneficiaries who wish to extend their benefits will be required to re-register during a 60-day re-registration period that is scheduled to begin on January 17, 2025. Re-registration will be allowed for those previously registered for TPS under Ukraine’s designation. This includes nationals of Ukraine, as well as nonnationals who last resided in Ukraine and who have remained in the United States continuously since at least August 16, 2023, whether or not they held a lawful immigration status.

EAD documents for Ukrainians with TPS will be extended for 12 months. A Federal Register notice is scheduled for publication in the FR on January 17, 2025 which will include additional information pertaining to the re-registration process for both TPS and the EAD renewal. We expect the publication to track the unpublished version which states:

“Accordingly, through this Federal Register notice, DHS automatically extends through April 19, 2026, the validity of certain EADs previously issued under the TPS designation of Ukraine. As proof of continued employment authorization through April 19, 2026, TPS beneficiaries can show their EAD with the notation A12 or C19 under Category and a “Card Expires” date of April 19, 2025, or October 19, 2023.”

The Federal Register notice follows the same structure as the unpublished El Salvador notice. The FAQ  reminds employees that they can choose to use either the FR auto extension which will provide work authorization until April 19, 2026, for an EAD with a “Card Expires” date of April 19, 2025 or October 19, 2023, or they can present an expired EAD and I-797C showing they filed their Form I-765 EAD renewal application during the re-registration period to take advantage of a 540 day extension. If eligible, this will allow employees an additional 540 days from the “Card Expires” date on their expired EAD. This date may not be later than October 19, 2026.

Venezuela

In their announcement, DHS also extended the Temporary Protected Status designation for Venezuela for 18 months beginning on April 3, 2025 and ending October 2, 2026. The extension will allow for approximately 600,000 eligible beneficiaries to continue holding Temporary Protected Status.

This extension allows existing Venezuela TPS beneficiaries under either the October 3, 2023 or the prior March 9, 2021 Venezuela TPS designation to retain TPS through October 2, 2026, assuming they continue to meet the eligibility requirements. Venezuelan nationals may be eligible for the extension if they have continuously resided in the United States on or before July 31, 2023. Those who arrived in the United States after July 31, 2023 are not eligible for TPS.

To keep their TPS and work authorization, Venezuelan TPS beneficiaries should ensure they timely re-register during the re-registration period that runs from the publication of the Federal Register notice through September 10, 2025. The Federal Register notice will include additional information regarding requirements, timelines, and steps for current beneficiaries to re-register and renew their Employment Eligibility Documents. The announcement noted that “DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires and is automatically extending through April 2, 2026, the validity of certain EADs previously issued.”

A notice is scheduled for publication in the Federal Register on January 17, 2025. We expect the publication to track the unpublished version which states:

“Accordingly, through this Federal Register notice, DHS automatically extends through. April 2, 2026, the validity of certain EADs previously issued under the TPS designations of Venezuela. As proof of continued employment authorization through April 2, 2026, TPS beneficiaries can show their EAD with the notation A12 or C19 under Category and a “Card Expires” date of September 10, 2025, April 2, 2025, March 10, 2024, or September 9, 2022.”

The Federal Register notice follows the same structure as the unpublished El Salvador notice. The FAQ  reminds employees that they can choose to use either the FR auto extension which will provide work authorization until April 02, 2026, for an EAD with a “Card Expires” date of September 10, 2025, April 2, 2025, March 10, 2024, or September 9, 2022, or they can present an expired EAD and I-797C showing they filed their Form I-765 EAD renewal application during the re-registration period to take advantage of a 540 day extension. The re-registration period will begin the date of the publication in the Federal Register, and run through September 10, 2025.  If eligible, this will allow employees an additional 540 days from the “Card Expires” date on their expired EAD. This date may not be later than October 02, 2026.

Sudan

The DHS made an additional announcement of an extension of TPS for Sudan for 18 months through October 19, 2026. Re-registration will be allowed for those individuals previously registered for TPS under Sudan’s designation. This includes nationals of Sudan and nonnationals who last resided in Sudan and who have remained in the United States continuously since at least August 16, 2023, whether or not they held a lawful immigration status.

As laid out in the unpublished FR notice, EADs for those previously registered for TPS under Sudan’s designation will be automatically extended for 12 months. A notice is scheduled for publication in the Federal Register on January 17, 2025. We expect the publication to track the unpublished version which states:

“Accordingly, this Federal Register notice, DHS automatically extends through April 19, 2026, the validity of certain EADs previously issued under the TPS designation of Sudan. As proof of continued employment authorization through April 19, 2026, TPS beneficiaries can show their EAD with the notation A-12 or C-19 under Category and a “Card Expires” date of April 19, 2025, June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, April 2, 2019, Nov. 2, 2018, or Nov. 2, 2017. “

The Federal Register notice follows the same structure as the unpublished El Salvador notice. The FAQ  reminds employees that they can choose to use either the FR auto extension which will provide work authorization through April 19, 2026 for an EAD with a “Card Expires” date of April 19, 2025, June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, April 2, 2019, Nov. 2, 2018, or Nov. 2, 2017, or they can present an expired EAD and I-797C showing they filed their Form I-765 EAD renewal application during the re-registration period to take advantage of a 540 day extension. The re-registration period will begin on the date of the publication in the Federal Register and continue for 60 days after the date of publication in the Federal Register. If eligible, this will allow employees an additional 540 days from the “Card Expires” date on their expired EAD. This date may not be later than October 19, 2026.

What is Next for Employers?

TPS faces an uncertain future under President Trump’s administration, who sought to significantly limit its scope during his first term as president.  It is unclear what will be decided for other countries currently designated with TPS, including Haiti, whose designation is currently through February 3, 2026.

The uncertainty surrounding TPS not only impacts the individuals who rely on this designation for status in the United States, but also creates challenges for employers who depend on their contributions to the workforce. Many businesses, already facing labor shortages, could see these struggles compounded by anticipated enforcement actions targeting undocumented workers. This instability, including a threat to end the TPS program, could pose significant risks to the economy if Congress does not act and consider meaningful immigration reform.

To view more updates from our Immigration Compliance & Enforcement practice, click here to read our latest blog post.