Venezuelans Eligible For TPS And Corresponding Employment Authorization

• Published date: 16 March 2021
• Subject Matter: Employment and HR, Immigration, Employee Rights/ Labour Relations, General Immigration
• Law Firm: Jackson Lewis P.C.
• Author: Mr Forrest G. Read IV

Eligible Venezuelans in the United States may now apply for Temporary Protected Status (TPS) according to an announcement made this week by Alexajandro Mayorkas, Secretary of the Department of Homeland Security (DHS). TPS is granted to individuals who cannot return to their home countries safely. In the case of Venezuela, Secretary Mayorkas stated that the country has been in the midst a "severe political and economic crisis for several years" including a deterioration of democratic institutions, a health crisis, food insecurity, increase in crime and lack of access to basic services. As of now, the TPS designation will last for 18 months until September 9, 2022 and could be extended depending upon the in-country conditions at the time of the next assessment.

Those who wish to apply should do so during the initial registration period: March 9, 2021 through September 5, 2021. Among other elements of eligibility, applicants must meet two specific residency requirements:

• Continuous residence in the United States since March 8, 2021; and
• Continuous physical presence in the U.S. since March 9, 2021.

Applicants are also eligible to apply for travel authorization and employment authorization (EADs) that will be valid through September 9, 2022. Full instructions on the applications process can be found in the Federal Register.

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