Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)

[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 5961-5972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00769]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2790-25; DHS Docket No. USCIS-2021-0003]
RIN 1615-ZB86

Extension of the 2023 Designation of Venezuela for Temporary
Protected Status

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).

ACTION: Notice of Temporary Protected Status (TPS) extension.

-----------------------------------------------------------------------

SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the 2023 designation of Venezuela for Temporary Protected
Status (TPS) for 18 months, beginning on April 3, 2025, and ending on
October 2, 2026. Existing TPS beneficiaries who wish to extend their
status through October 2, 2026, must re-register during the re-
registration period described in this notice.

DATES: Extension of the 2023 Designation of Venezuela for TPS begins on
April 3, 2025, and will remain in effect for 18 months. For
registration instructions, see the Registration Information section
below.

FOR FURTHER INFORMATION CONTACT:
You may contact Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 240-721-3000.
For more information on TPS, including guidance on the
registration process and additional information on eligibility, please
visit the USCIS TPS web page at https://www.uscis.gov/tps. You can find
specific information about Venezuela's TPS designation by selecting
``Venezuela'' from the menu on the left side of the TPS web page.

[[Page 5962]]

If you have additional questions about TPS, please visit
https://uscis.gov/tools. Our online virtual assistant, Emma, can answer
many of your questions and point you to additional information on our
website. If you cannot find your answers there, you may also call our
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at uscis.gov, or visit the USCIS Contact Center at https://www.uscis.gov/contactcenter.
You can also find more information at local USCIS offices,
listed on the USCIS website at https://www.uscis.gov/about-us/find-a-uscis-office, after this notice is published.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DoS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-131--Application for Travel Documents, Parole Documents, and
Arrival/Departure Records
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action (Approval Notice)
Form I-797C--Notice of Action (Receipt Notice)
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
PDF--Portable Document Format
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

Registration Information

Extension of the 2023 Designation of Venezuela for TPS: The 18-
month extension of Venezuela's October 3, 2023 TPS designation begins
on April 3, 2025, and will remain in effect for 18 months, ending on
October 2, 2026. The extension allows existing TPS beneficiaries to
retain TPS through October 2, 2026, if they otherwise continue to meet
the eligibility requirements for TPS. Existing TPS beneficiaries,
including those registered under the October 3, 2023 TPS designation or
the prior March 9, 2021 TPS designation, who wish to extend their
status through October 2, 2026, must re-register during the re-
registration period described in this notice.
Re-registration: The re-registration period for existing
beneficiaries runs from January 17, 2025, through September 10, 2025.
(Note: It is important for re-registrants to timely re-register during
the re-registration period and not to wait until their Employment
Authorization Documents (EADs) expire, as delaying re-registration
could result in gaps in their employment authorization documentation.)

Purpose of this Action (TPS)

Through this notice, DHS sets forth procedures necessary for
nationals of Venezuela (or individuals having no nationality who last
habitually resided in Venezuela) to re-register for TPS and apply to
renew their EAD with USCIS.
Re-registration is limited to individuals who have previously
registered for TPS under either of the two prior designations of
Venezuela and whose applications have been granted. If you registered
for TPS under the October 23, 2023 designation and do not re-register
properly within the re-registration period, USCIS may withdraw your TPS
following appropriate procedures. See 8 CFR 244.14.
For individuals who have already been granted TPS under either of
Venezuela's designations, the re-registration period runs from January
17, 2025, through September 10, 2025. USCIS will issue new EADs with an
October 2, 2026 expiration date to eligible beneficiaries granted TPS
under either of Venezuela's designations who timely re-register and
apply for EADs. Given the time frames involved with processing TPS re-
registration applications, DHS recognizes that not all re-registrants
may receive a new EAD before their current EAD expires. 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. This notice explains how TPS beneficiaries and their employers
may determine if an EAD is automatically extended and how this affects
the Form I-9, Employment Eligibility Verification, E-Verify, and USCIS
Systematic Alien Verification for Entitlements (SAVE) processes.
Individuals who have an Application for Temporary Protected Status
(Form I-821) for Venezuela or TPS-related Application for Employment
Authorization (Form I-765) that was still pending as of January 17,
2025, do not need to file either application again. If USCIS approves
an individual's pending Form I-821, USCIS will grant the individual TPS
through October 2, 2026. Similarly, if USCIS approves a pending TPS-
related Form I-765, USCIS will issue the individual a new EAD that will
be valid through the same date.

What Is Temporary Protected Status (TPS)?

TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state, regardless of their country of birth.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, are
authorized to work, and may obtain EADs if they continue to meet the
requirements of TPS.
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of DHS discretion.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary terminates a foreign state's TPS
designation, beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, if it is still valid beyond the
date TPS terminates.

When was Venezuela designated for TPS?

Venezuela was initially designated on March 9, 2021, on the basis
of extraordinary and temporary conditions in Venezuela that prevented
nationals of Venezuela from returning in safety. See Designation of
Venezuela for Temporary Protected Status and Implementation of
Employment Authorization for Venezuelans Covered by Deferred

[[Page 5963]]

Enforced Departure, 86 FR 13574 (Mar. 9, 2021). The TPS designation was
extended for 18 months on September 8, 2022. See Extension of the
Designation of Venezuela for Temporary Protected Status, 87 FR 55024
(Sept. 8, 2022). On October 3, 2023, the TPS designation was extended
for 18 months and separately redesignated for 18 months based upon the
same factual circumstances and legal considerations pursuant to section
244 of the INA, 8 U.S.C. 1254a. See Extension and Redesignation of
Venezuela for Temporary Protected Status, 88 FR 68130 (Oct. 3, 2023).

What authority does the Secretary have to extend the designation of
Venezuela for TPS?

Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\1\ The
decision to designate any foreign state (or part thereof) is a
discretionary decision, and there is no judicial review of any
determination with respect to the designation, termination, or
extension of a designation. See INA sec. 244(b)(5)(A), 8 U.S.C.
1254a(b)(5)(A). The Secretary, in their discretion, may then grant TPS
to eligible nationals of that foreign state (or individuals having no
nationality who last habitually resided in the designated foreign
state). See INA sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------

\1\ INA section 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Pub. L. 107-296, 116 Stat. 2135 (2002). The Secretary
may designate a country (or part of a country) for TPS on the basis
of ongoing armed conflict such that returning would pose a serious
threat to the personal safety of the country's nationals and
habitual residents, environmental disaster (including an epidemic),
or extraordinary and temporary conditions in the country that
prevent the safe return of the country's nationals. For
environmental disaster-based designations, certain other statutory
requirements must be met, including that the foreign government must
request TPS. A designation based on extraordinary and temporary
conditions cannot be made if the Secretary finds that allowing the
country's nationals to remain temporarily in the United States is
contrary to the U.S. national interest. INA sec. 244(b)(1); 8 U.S.C.
1254a(b)(1).
---------------------------------------------------------------------------

At least 60 days before the expiration of a foreign state's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether they continue to
meet the conditions for the TPS designation. See INA sec. 244(b)(3)(A),
8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that the
conditions in the foreign state continue to meet the conditions for TPS
designation, the designation will be extended for an additional period
of 6 months or, in the Secretary's discretion, 12 or 18 months. See INA
sec. 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

Will there continue to be two separate filing processes for TPS
designations for Venezuela?

No. USCIS has evaluated the operational feasibility and resulting
impact on stakeholders of having two separate filing processes.
Operational challenges in the identification and adjudication of
Venezuela TPS filings and confusion among stakeholders exist because of
the two separate TPS designations. To date, USCIS has created
operational measures to process Venezuela TPS cases for both
designations; however, it can most efficiently process these cases by
consolidating the filing processes for the two Venezuela TPS
populations. To decrease confusion among stakeholders, ensure optimal
operational processes, and maintain the same eligibility requirements,
upon publication of this Notice, individuals registered under either
the March 9, 2021 TPS designation or the October 3, 2023 TPS
designation will be allowed to re-register under this extension. This
would not, however, require that a beneficiary registered under the
March 9, 2021 designation to re-register at this time. Rather, it would
provide such individuals with the option of doing so. Venezuela TPS
beneficiaries who appropriately apply for TPS or re-register under this
Notice and are approved by USCIS will obtain TPS through the same
extension date of October 2, 2026.

Why is the Secretary extending the TPS designation for Venezuela
through October 2, 2026?

DHS has reviewed country conditions in Venezuela. Based on the
review, including input received from Department of State (DoS) and
other U.S. Government agencies, the Secretary has determined that an
18-month TPS extension is warranted because extraordinary and temporary
conditions supporting Venezuela's TPS designation remain, and it is not
contrary to the national interest of the United States to permit
Venezuelan TPS beneficiaries to remain in the United States
temporarily.

Overview

Venezuela is experiencing ``a complex, serious and multidimensional
humanitarian crisis.'' \2\ The crisis has reportedly disrupted every
aspect of life in Venezuela. ``Basic services like electricity,
internet access, and water are patchy; malnutrition is on the rise; the
healthcare system has collapsed; and children receive poor or no
education. Inflation rates are also among the highest in the world.''
\3\ Venezuela's ``complex crisis'' has pushed Venezuelans into
``poverty, hunger, poor health, crime, desperation and migration.'' \4\
Moreover, Nicol[aacute]s Maduro's declaration of victory in the July
28, 2024 presidential election--which has been contested as fraudulent
by the opposition--``has been followed by yet another sweeping
crackdown on dissent.'' \5\
---------------------------------------------------------------------------

\2\ Annual Report 2023--Chapter IV.B--Venezuela, Inter-American
Commission on Human Rights (IACHR), Apr. 25, 2024, pg. 730,
available at: https://www.oas.org/en/iachr/docs/annual/2023/chapters/IA2023_Cap_4B_Venezuela_ENG.PDF (last visited Aug. 20,
2024).
\3\ Iv[aacute]n Reyes, As election looms, Venezuelans see-saw
between hope and fear, The New Humanitarian, Jul. 8, 2024, available
at: https://www.thenewhumanitarian.org/photo-feature/2024/07/08/election-looms-venezuela-see-saw-between-hope-and-fear (last visited
Aug. 20, 2024).
\4\ Regina Garcia Cano, As Maduro shifts from migration denier
to defender, Venezuelans consider leaving if he is reelected, The
Associated Press, updated May 29, 2024, available at: https://apnews.com/article/venezuela-election-migrants-maduro-9ba01c2cd7246adb9369bf69941d986a (last visited Aug. 20, 2024).
\5\ Sergio Mart[iacute]nez-Beltr[aacute]n and Marian
Carrasquero, Venezuelans in US anxiously watch home crisis, brace
for new migration surge, Morning Edition, National Public Radio
(NPR), Aug. 12, 2024, available at: https://www.npr.org/2024/08/11/nx-s1-5066867/venezuela-maduro-election-migration-usborder-immigration (last visited Aug. 12, 2024).
---------------------------------------------------------------------------

Food Insecurity

Food insecurity is also a significant challenge in Venezuela.\6\
``Despite a recent economic recovery [. . .], many families are going
hungry and depending on aid to feed themselves.'' \7\ Reports indicate
that Venezuela ``suffers the second-highest level of hunger in South
America,'' with ``[s]ome 5.1 million people [. . .] not getting enough

[[Page 5964]]

to eat.'' \8\ The U.N. Special Rapporteur on the right to food reported
that ``[f]ood insecurity, malnutrition and deterioration in livelihoods
is cited as the primary cause for the mass migration out of the
country.'' \9\
---------------------------------------------------------------------------

\6\ Clare Ribando Seelke, Venezuela: Political Crisis and U.S.
Policy, Congressional Research Service (CRS), updated Sep. 1, 2023,
pg. 1, available at: https://crsreports.congress.gov/product/pdf/IF/IF10230 (last visited Aug. 22, 2024).
\7\ Mariela Nava, In Venezuela, hunger stalks presidential
election, Reuters, Jul. 9, 2024, available at: https://www.reuters.com/world/americas/venezuela-hunger-stalks-presidential-election-2024-07-09/ (last visited Aug. 22, 2024).
\8\ Mariela Nava, In Venezuela, hunger stalks presidential
election, Reuters, Jul. 9, 2024, available at: https://www.reuters.com/world/americas/venezuela-hunger-stalks-presidential-election-2024-07-09/ (last visited Aug. 22, 2024).
\9\ End of Mission Statement; U.N. Special Rapporteur on the
right to food by Mr. Michael Fakhri; Visit to Venezuela (Bolivarian
Republic of), 1-14 February 2024, Office of the High Commissioner
for Human Rights (OHCHR), Feb. 14, 2024, pg. 3, available at:
https://www.ecoi.net/en/file/local/2104669/20240214-eom-statement-venezuela-sr-food-en.pdf (last visited Aug. 22, 2024).
---------------------------------------------------------------------------

Notably, the problem of food shortages and scarcity has abated;
\10\ however, ``supply issues have been replaced by affordability
ones.'' \11\ In 2023, ``86% of the population reported not having
enough money to buy the food needed in their household,'' while around
22% ``went permanently hungry at times during the year.'' \12\
Additionally, ``chronic malnutrition is surging among children, leading
to stunting, wasting, delayed cognitive development, and higher risks
of illness more generally.'' \13\
---------------------------------------------------------------------------

\10\ Regina Garcia Cano, Venezuelans turn to odd jobs and
gambling to stretch meager wages they hope will grow after election,
The Associated Press, updated July 24, 2024, available at: https://apnews.com/article/venezuela-presidential-election-maduro-crisis-machado-edmundo-4c7f83a5a44a6d80f12d8cad8b67b026 (last visited Aug.
20, 2024); Gabriela Mesones Rojo and Iv[aacute]n Reyes, Hunger,
healthcare, and schools: Reasons to leave Venezuela (along with a
Maduro poll win), The New Humanitarian, Jun. 25, 2024, available at:
https://www.thenewhumanitarian.org/analysis/2024/06/25/hunger-healthcare-schools-reasons-leave-venezuela-maduro-poll-win (last
visited Aug. 22, 2024); Follow-Up Report on the Complex Humanitarian
Emergency in Venezuela, HumVenezuela, Nov. 2023, pg. 27, available
at: https://humvenezuela.com/wp-content/uploads/2024/02/FOLLOW-UP-REPORT-ON-THE-COMPLEX-HUMANITARIAN-EMERGENCY-IN-VENEZUELA-2023-2.pdf
(last visited Aug. 22, 2024).
\11\ Regina Garcia Cano, UN-backed food expert calls on
Venezuela to tackle hunger and urges end to economic sanctions, The
Associated Press, Feb. 14, 2024, available at: https://apnews.com/article/venezuela-food-insecurity-hunger-malnutrition-un-maduro-afb4af4978c09cf0f3e54e1cfef981b5 (last visited Aug. 22, 2024).
\12\ Gabriela Mesones Rojo and Iv[aacute]n Reyes, Hunger,
healthcare, and schools: Reasons to leave Venezuela (along with a
Maduro poll win), The New Humanitarian, Jun. 25, 2024, available at:
https://www.thenewhumanitarian.org/analysis/2024/06/25/hunger-healthcare-schools-reasons-leave-venezuela-maduro-poll-win (last
visited Aug. 22, 2024).
\13\ Gabriela Mesones Rojo and Iv[aacute]n Reyes, Hunger,
healthcare, and schools: Reasons to leave Venezuela (along with a
Maduro poll win), The New Humanitarian, Jun. 25, 2024, available at:
https://www.thenewhumanitarian.org/analysis/2024/06/25/hunger-healthcare-schools-reasons-leave-venezuela-maduro-poll-win (last
visited Aug. 22, 2024).
---------------------------------------------------------------------------

Access to Basic Services (Including Electricity, Water, and Fuel)

The lack of access to basic services including electricity, water,
and fuel represents another component of Venezuela's crisis.\14\
Venezuela ``experiences regular power outages,'' \15\ and
``interruptions in electrical service'' are common and reportedly occur
daily.\16\ The population suffering intermittent and prolonged power
failures increased from 25.9% to 61.9% between 2022 and 2023.'' \17\
Additionally, Venezuelans face ``growing challenges to access water and
sanitation since the water supply is not continuous, and the quality of
water has deteriorated.'' \18\ ``Potable water is frequently not
available for long periods,'' \19\ and many households lack reliable
access to potable water.\20\
---------------------------------------------------------------------------

\14\ Florantonia Singer, Caracas: The ordeal of living in a city
with failed public services, El Pa[iacute]s (Spa.), Sep. 24, 2023,
available at: https://english.elpais.com/international/2023-09-24/caracas-the-ordeal-of-living-in-a-city-with-failed-public-services.html (last visited Aug. 23, 2024).
\15\ Venezuela Country Security Report, Overseas Security
Advisory Council (OSAC), U.S. Dep't of State, last updated Mar. 26,
2024, available at: https://www.osac.gov/Content/Report/34f99e62-2161-412d-bfeb-1e752539f6bf (last visited Aug. 23, 2024).
\16\ Clare Ribando Seelke, Venezuela: Political Crisis and U.S.
Policy, Congressional Research Service (CRS), updated Sep. 1, 2023,
pg. 1, available at: https://crsreports.congress.gov/product/pdf/IF/IF10230 (last visited Aug. 23, 2024); Gabriela Mesones Rojo and
Iv[aacute]n Reyes, Hunger, healthcare, and schools: Reasons to leave
Venezuela (along with a Maduro poll win), The New Humanitarian, Jun.
25, 2024, available at: https://www.thenewhumanitarian.org/analysis/2024/06/25/hunger-healthcare-schools-reasons-leave-venezuela-maduro-poll-win (last visited Aug. 23, 2024).
\17\ Follow-Up Report on the Complex Humanitarian Emergency in
Venezuela, HumVenezuela, Nov. 2023, pg. 21, available at: https://humvenezuela.com/wp-content/uploads/2024/02/FOLLOW-UP-REPORT-ON-THE-COMPLEX-HUMANITARIAN-EMERGENCY-IN-VENEZUELA-2023-2.pdf (last visited
Aug. 23, 2024).
\18\ Annual Report 2023--Chapter IV.B--Venezuela, Inter-American
Commission on Human Rights (IACHR), Apr. 25, 2024, pg. 732,
available at: https://www.oas.org/en/iachr/docs/annual/2023/chapters/IA2023_Cap_4B_Venezuela_ENG.PDF (last visited Aug. 26,
2024).
\19\ Venezuela Country Security Report, Overseas Security
Advisory Council (OSAC), U.S. Dep't of State, last updated Mar. 26,
2024, available at: https://www.osac.gov/Content/Report/34f99e62-2161-412d-bfeb-1e752539f6bf (last visited Aug. 26, 2024).
\20\ Clare Ribando Seelke, Venezuela: Political Crisis and U.S.
Policy, Congressional Research Service (CRS), updated Sep. 1, 2023,
pg. 1, available at: https://crsreports.congress.gov/product/pdf/IF/IF10230 (last visited Aug. 26, 2024).
---------------------------------------------------------------------------

Venezuela is also impacted by fuel shortages.\21\ Venezuela
experienced ``years of painful fuel shortages that kept drivers in line
for sometimes days to fill up their cars and severely restricted
Venezuela's industrial and agricultural activity.'' \22\ Natural gas--
``the fuel essential for cooking, generating power and feeding
petrochemical plants and factories--has also been frequently scarce.''
\23\ In 2023, 69.4% of households were impacted by failures in the
availability of domestic gas service.\24\ Furthermore, most Venezuelans
without direct gas in their homes for cooking instead ``rely on
domestic gas services that households pay for by filling gas cylinders
at state plants, one per family per month.'' \25\ However, ``[t]he
capacity of each cylinder averages about 25 days and cannot always be
replenished regularly.'' \26\
---------------------------------------------------------------------------

\21\ Luke Taylor, `To be reunited . . . would be a dream':
Venezuelan exiles' fate hangs on vote, The Guardian, Jul. 25, 2024,
available at: https://www.theguardian.com/global-development/article/2024/jul/25/venezuelan-exiles-election-maduro (last visited
Aug. 27, 2024).
\22\ Fabiola Zerpa and Lucia Kassai, Oil Majors Fill Venezuela
Gas Pumps, Easing Years of Shortages, Bloomberg, Feb. 9, 2024,
available at: https://www.rigzone.com/news/wire/oil_majors_fill_venezuela_gas_pumps_easing_years_of_shortages-09-feb-2024-175693-article/ (last visited Sep. 6, 2024).
\23\ Marianna Parraga, Deisy Buitrago, and Mircely Guanipa,
Whoever wins election, Venezuela faces natural gas problem, Reuters,
Jul, 24, 2024, available at: https://www.reuters.com/world/americas/gas-rich-venezuela-next-president-faces-problem-producing-it-2024-07-24/ (last visited Aug. 26, 2024).
\24\ Follow-Up Report on the Complex Humanitarian Emergency in
Venezuela, HumVenezuela, Nov. 2023, pg. 22, available at: https://humvenezuela.com/wp-content/uploads/2024/02/FOLLOW-UP-REPORT-ON-THE-COMPLEX-HUMANITARIAN-EMERGENCY-IN-VENEZUELA-2023-2.pdf (last visited
Aug. 26, 2024).
\25\ Follow-Up Report on the Complex Humanitarian Emergency in
Venezuela, HumVenezuela, Nov. 2023, pg. 22, available at: https://humvenezuela.com/wp-content/uploads/2024/02/FOLLOW-UP-REPORT-ON-THE-COMPLEX-HUMANITARIAN-EMERGENCY-IN-VENEZUELA-2023-2.pdf (last visited
Aug. 26, 2024).
\26\ Follow-Up Report on the Complex Humanitarian Emergency in
Venezuela, HumVenezuela, Nov. 2023, pg. 22, available at: https://humvenezuela.com/wp-content/uploads/2024/02/FOLLOW-UP-REPORT-ON-THE-COMPLEX-HUMANITARIAN-EMERGENCY-IN-VENEZUELA-2023-2.pdf (last visited
Aug. 26, 2024).
---------------------------------------------------------------------------

Health Crisis

The collapse of Venezuela's healthcare system is one of the most
severe aspects of its humanitarian crisis.\27\ Venezuela's health
system is marked by deteriorated infrastructure, lack of medical
equipment, poor maintenance, lack of public services,

[[Page 5965]]

deficiencies in the provision of medicines and medical supplies, and
power and water cuts, in addition to corruption in the health sector,
and underfunded and understaffed health centers.\28\ Consequently,
health indicators in Venezuela have worsened since the collapse of the
Venezuelan health system in 2016.\29\
---------------------------------------------------------------------------

\27\ Gabriela Mesones Rojo and Iv[aacute]n Reyes, Hunger,
healthcare, and schools: Reasons to leave Venezuela (along with a
Maduro poll win), The New Humanitarian, Jun. 25, 2024, available at:
https://www.thenewhumanitarian.org/analysis/2024/06/25/hunger-healthcare-schools-reasons-leave-venezuela-maduro-poll-win (last
visited Aug. 21, 2024).
\28\ Venezuela--Country Focus, European Union Agency for Asylum
(EUAA), Nov. 2023, pg. 33, available at: https://coi.euaa.europa.eu/administration/easo/PLib/2023_11_EUAA_COI_Report_Venezuela_Country_Focus.pdf (last visited
Aug. 21, 2024).
\29\ International Protection Needs of Venezuelan Nationals,
Amnesty International, Oct. 2023, pg. 5, available at: https://www.ecoi.net/en/file/local/2099475/AMR5373312023ENGLISH.pdf (last
visited Aug. 21, 2024).
---------------------------------------------------------------------------

Venezuela's public health system has reportedly lost an estimated
``70 percent of its capacity since 2016,'' and ``millions of
individuals are unable to access adequate health care'' in
Venezuela.\30\ Additionally, Venezuela faces ``persistent shortages and
deficiencies in the supply of medicines, supplies, equipment and
medical treatments.'' \31\
---------------------------------------------------------------------------

\30\ Annual Report 2023--Chapter IV.B--Venezuela, Inter-American
Commission on Human Rights (IACHR), Apr. 25, 2024, pg. 731,
available at: https://www.oas.org/en/iachr/docs/annual/2023/chapters/IA2023_Cap_4B_Venezuela_ENG.PDF (last visited Aug. 21,
2024).
\31\ Annual Report 2023--Chapter IV.B--Venezuela, Inter-American
Commission on Human Rights (IACHR), Apr. 25, 2024, pg. 731,
available at: https://www.oas.org/en/iachr/docs/annual/2023/chapters/IA2023_Cap_4B_Venezuela_ENG.PDF (last visited Aug. 21,
2024).
---------------------------------------------------------------------------

Education

Reports indicate that ``dilapidated infrastructure, the lack of
teachers and of public transportation--combined with the shortcomings
of the school meals programme--are driving many students away. The
impoverishment of families due to high inflation is also forcing
children to drop out of school to work. In 2023, 40% of students
between the ages of three and 17 attended school irregularly.'' \32\
---------------------------------------------------------------------------

\32\ Gabriela Mesones Rojo and Iv[aacute]n Reyes, Hunger,
healthcare, and schools: Reasons to leave Venezuela (along with a
Maduro poll win), The New Humanitarian, Jun. 25, 2024, available at:
https://www.thenewhumanitarian.org/analysis/2024/06/25/hunger-healthcare-schools-reasons-leave-venezuela-maduro-poll-win (last
visited Sep. 3, 2024).
---------------------------------------------------------------------------

Economic Crisis

Venezuela ``has faced a long-running economic crisis,'' \33\ with
its economy suffering from ``a prolonged meltdown marked by triple-
digit inflation and a mass exodus of millions of migrants seeking
better prospects elsewhere.'' \34\ Reporting in July 2024 indicated
that over the last 10 years, gross domestic product in Venezuela has
declined by about 73%.\35\ Though Venezuela experienced some economic
improvement in 2024,\36\ it is ``insufficient for an economy like
Venezuela's, urgently in need of double-digit growth for several years
in order to return to what it once was.'' \37\
---------------------------------------------------------------------------

\33\ Mayela Armas, Venezuela's government doubles down on
inflation control ahead of election, Reuters, Feb. 28, 2024,
available at: https://www.reuters.com/world/americas/venezuelas-government-doubles-down-inflation-control-ahead-election-2024-02-28/
(last visited Aug. 20, 2024).
\34\ Mayela Armas, Venezuela economy grew 5% in 2023, will reach
8% this year-Maduro, Reuters, Jan. 15, 2024, available at: https://www.reuters.com/world/americas/venezuela-economy-grew-5-2023-will-reach-8-this-year-maduro-2024-01-15/ (last visited Aug. 20, 2024).
\35\ Mariela Nava, In Venezuela, hunger stalks presidential
election, Reuters, Jul. 9, 2024, available at: https://www.reuters.com/world/americas/venezuela-hunger-stalks-presidential-election-2024-07-09/ (last visited Aug. 20, 2024).
\36\ Alonso Moleiro, Venezuela experiences an economic recovery
in times of electoral uncertainty, El Pa[iacute]s (Spa.), Jul. 22,
2024, available at: https://english.elpais.com/economy-and-business/2024-07-22/venezuela-experiences-an-economic-recovery-in-times-of-electoral-uncertainty.html (last visited Aug. 20, 2024).
\37\ Alonso Moleiro, Venezuela experiences an economic recovery
in times of electoral uncertainty, El Pa[iacute]s (Spa.), Jul. 22,
2024, available at: https://english.elpais.com/economy-and-business/2024-07-22/venezuela-experiences-an-economic-recovery-in-times-of-electoral-uncertainty.html (last visited Aug. 20, 2024).
---------------------------------------------------------------------------

Political Repression & Human Rights

According to the Inter-American Commission on Human Rights (IACHR),
Maduro and his representatives have ``systematically violated human
rights, including freedom of expression, to facilitate the
concentration of power in the executive branch, to discourage political
participation and to undermine the independence of institutions.'' \38\
Conditions have grown worse due to harsher crackdowns by Maduro and his
representatives on the opposition and their use of thoroughly flawed
elections to seize full control of state institutions. Maduro and his
representatives have closed off virtually all channels for political
dissent, restricting civil liberties and prosecuting perceived
opponents without regard for due process.\39\ Furthermore, the IACHR
has reported allegations that ``serious human rights violations'' have
been committed in Venezuela, which, it asserts, ``may amount to crimes
against humanity.'' \40\ In late June 2023, International Criminal
Court judges ``authorized the resumption of an investigation into
alleged crimes against humanity in Venezuela.'' \41\ Human Rights Watch
reported that, in September 2023, ``the United Nations Fact-Finding
Mission (FFM) found serious human rights violations that continued the
same patterns of conduct that the FFM had previously qualified as
crimes against humanity.'' \42\
---------------------------------------------------------------------------

\38\ Annual Report 2023--Chapter IV.B--Venezuela, Inter-American
Commission on Human Rights (IACHR), Apr. 25, 2024, pg. 720,
available at: https://www.oas.org/en/iachr/docs/annual/2023/chapters/IA2023_Cap_4B_Venezuela_ENG.PDF (last visited Aug. 30,
2024).
\39\ Freedom in the World 2024--Venezuela, Freedom House, Feb.
29, 2024, available at: https://freedomhouse.org/country/venezuela/freedom-world/2024 (last visited Aug. 29, 2024).
\40\ Annual Report 2023--Chapter IV.B--Venezuela, Inter-American
Commission on Human Rights (IACHR), Apr. 25, 2024, pg. 720,
available at: https://www.oas.org/en/iachr/docs/annual/2023/chapters/IA2023_Cap_4B_Venezuela_ENG.PDF (last visited Aug. 30,
2024); International Protection Needs of Venezuelan Nationals,
Amnesty International, Oct. 2023, pg. 3, available at: https://www.ecoi.net/en/file/local/2099475/AMR5373312023ENGLISH.pdf (last
visited Aug. 30, 2024).
\41\ World Report 2024--Venezuela, Human Rights Watch, Jan. 11,
2024, available at: https://www.hrw.org/world-report/2024/country-chapters/venezuela (last visited Aug. 30, 2024).
\42\ World Report 2024--Venezuela, Human Rights Watch, Jan. 11,
2024, available at: https://www.hrw.org/world-report/2024/country-chapters/venezuela (last visited Aug. 30, 2024).
---------------------------------------------------------------------------

Reports indicate that leading up to the recent Venezuelan
presidential election, the electoral process was marred by human rights
abuses and irregularities that kept the playing field uneven, with
reports of Maduro and his representatives repeatedly committing
``systematic human rights violations against critics and opposition
leaders.'' \43\ According to Amnesty International, the election period
was marked with escalating repression with ``incessant attacks on civic
space, tens of arbitrary detentions, enforced disappearances, torture,
reprisals against businesses and contractors providing services to
opposition figures, and arbitrary and abusive administrative
measures.'' \44\
---------------------------------------------------------------------------

\43\ Venezuela: Repression Mars Key Upcoming Election, Human
Rights Watch, Jul. 25, 2024, available at: https://www.hrw.org/news/2024/07/25/venezuela-repression-mars-key-upcoming-election (last
visited Sep. 3, 2024).
\44\ Venezuela: After an electoral period marked by repression,
a commitment to human rights is imperative, Amnesty International,
Jul. 25, 2024, available at: https://www.amnesty.org/en/latest/news/2024/07/venezuela-after-electoral-period-marked-repression-commitment-human-rights-imperative/ (last visited Sep. 3, 2024).
---------------------------------------------------------------------------

On July 31, 2024, the Independent International Fact-Finding
Mission on the Bolivarian Republic of Venezuela reported that, since
the National Electoral Council's declaration that Maduro had won the
presidential election in the early morning hours of July 29,
``thousands of people--including men, women, children, and the
elderly--have taken to the streets across the country to protest the

[[Page 5966]]

results.'' \45\ In the aftermath of the election, Maduro and his
representatives ``mounted a furious campaign against anyone challenging
the declared results of the vote, unleashing a wave of repression that
human rights groups say is unlike anything the country has seen in
recent decades.'' \46\
---------------------------------------------------------------------------

\45\ Venezuela: UN Fact-Finding Mission expresses alarm over
human rights violations in post-election context, Office of the High
Commissioner for Human Rights (OHCHR), Jul. 31, 2024, available at:
https://www.ohchr.org/en/press-releases/2024/07/venezuela-un-fact-finding-mission-expresses-alarm-over-human-rights (last visited Sep.
3, 2024).
\46\ Frances Robles, `Operation Knock-Knock': Venezuela Sweeps
Up Dissenters After Disputed Vote, The New York Times, Aug. 10,
2024, available at: https://www.nytimes.com/2024/08/10/world/americas/venezuela-election-maduro.html (last visited Sep. 3, 2024).
---------------------------------------------------------------------------

Crime & Insecurity

Venezuela was once considered the most dangerous country in Latin
America.\47\ However, ``a discernible reduction in the overall levels
of violence could be observed'' in 2023 and 2024.\48\ Various factors
behind the apparent decline in crime include the country's ``ongoing
economic crisis,'' which has reportedly reduced ``opportunities for
extortion and ransom kidnappings,'' and led Venezuelan criminal groups
to ``infiltrate Venezuelan diasporas settled in other Latin American
countries.'' \49\ The ``monopolization of violence in some regions'' by
``non-state armed groups,'' as well as pacts between Maduro
representatives and some criminal groups, have also reportedly
contributed to improved perceptions of security in certain areas.\50\
---------------------------------------------------------------------------

\47\ Venezuela Investigative Unit, Why Is Venezuela's Crime Rate
Falling?, InSight Crime, May 28, 2024, available at: https://insightcrime.org/news/venezuela-crime-rate-falling/ (last visited
Sep. 3, 2024).
\48\ Annual Report Violence 2023, Venezuelan Violence
Observatory (OVV), Dec. 28, 2023, pg. 30, available at: https://observatoriodeviolencia.org.ve/wp-content/uploads/2024/01/OVV-Violence-in-Venezuela-Annual-Report-2023-.pdf (last visited Sep. 3,
2024); Venezuela Investigative Unit, Why Is Venezuela's Crime Rate
Falling?, InSight Crime, May 28, 2024, available at: https://insightcrime.org/news/venezuela-crime-rate-falling/ (last visited
Sep. 3, 2024).
\49\ Venezuela Investigative Unit, Why Is Venezuela's Crime Rate
Falling?, InSight Crime, May 28, 2024, available at: https://insightcrime.org/news/venezuela-crime-rate-falling/ (last visited
Sep. 3, 2024).
\50\ Venezuela Investigative Unit, Why Is Venezuela's Crime Rate
Falling?, InSight Crime, May 28, 2024, available at: https://insightcrime.org/news/venezuela-crime-rate-falling/ (last visited
Sep. 3, 2024).
---------------------------------------------------------------------------

Nevertheless, Venezuelans continue to ``face physical insecurity
and violence from several sources, including irregular armed groups,
security forces, and organized gangs.'' \51\ The European Union Agency
for Asylum (EUAA) reported that ``Criminal armed groups often operate
with the cooperation, or tolerance of state security forces'' in
Venezuela.\52\ Moreover, security forces in Venezuela have been
``accused of committing human rights abuses such as torture and cruel,
inhuman and degrading treatment, including sexual and gender-based
violence, and killings consistent with extrajudicial executions.'' \53\
---------------------------------------------------------------------------

\51\ Freedom in the World 2024--Venezuela, Freedom House, Feb.
29, 2024, available at: https://freedomhouse.org/country/venezuela/freedom-world/2024 (last visited Sep. 3, 2024).
\52\ Venezuela--Country Focus, European Union Agency for Asylum
(EUAA), Nov. 2023, pg. 42, available at: https://coi.euaa.europa.eu/administration/easo/PLib/2023_11_EUAA_COI_Report_Venezuela_Country_Focus.pdf (last visited
Sep. 3, 2024).
\53\ Venezuela--Country Focus, European Union Agency for Asylum
(EUAA), Nov. 2023, pg. 26, available at: https://coi.euaa.europa.eu/administration/easo/PLib/2023_11_EUAA_COI_Report_Venezuela_Country_Focus.pdf (last visited
Sep. 3, 2024).
---------------------------------------------------------------------------

In summary, extraordinary and temporary conditions, including a
severe humanitarian emergency marked by an economic contraction,
deepening poverty, reduced access to food and medicine, a collapse in
basic services, fuel shortages, human rights abuses and political
repression, crime and violence continue to prevent Venezuelan nationals
from returning in safety.
Based on this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
The conditions supporting Venezuela's designation for TPS
continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
There continue to be extraordinary and temporary
conditions in Venezuela that prevent Venezuelan nationals (or
individuals having no nationality who last habitually resided in
Venezuela) from returning to Venezuela in safety, and it is not
contrary to the national interest of the United States to permit
Venezuelan TPS beneficiaries to remain in the United States
temporarily. See INA sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The designation of Venezuela for TPS should be extended
for an 18-month period, beginning on April 3, 2025, and ending on
October 2, 2026. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
There are approximately 607,000 current Venezuelan TPS
beneficiaries who are eligible to re-register for TPS under the
extension.

Notice of the Designation of Venezuela for TPS

By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting Venezuela's designation for TPS on the basis of
extraordinary and temporary conditions are met, and it is not contrary
to the national interest of the United States to permit Venezuelan TPS
beneficiaries to remain in the United States temporarily. See INA sec.
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On the basis of this
determination, I am extending the existing October 3, 2023 designation
of Venezuela for TPS for 18 months, beginning on April 3, 2025, and
ending on October 2, 2026. See INA sec. 244(b)(1) and (b)(2); 8 U.S.C.
1254a(b)(1), and (b)(2).

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.

Eligibility and Employment Authorization for TPS

Required Application Forms and Application Fees to re-register for TPS:

To re-register for TPS based on the designation of Venezuela, you
must submit Form I-821. When filing an application to re-register for
TPS, you do not need to pay the application fee; however, you are
required to pay the biometric services fee. If you cannot pay the
biometric services fee, you may ask USCIS to waive the fee. Please see
additional information under the ``Biometric Services Fee'' section of
this notice.
TPS beneficiaries are eligible for an EAD, which proves their
authorization to work in the United States. You are not required to
submit Form I-765 or have an EAD to be granted TPS, but see below for
more information if you want an EAD to use as proof that you can work
in the United States.
Individuals who have a Venezuela TPS application (Form I-821) that
was still pending as of January 17, 2025, do not need to file the
application again. If USCIS approves an individual's Form I-821, USCIS
will grant the individual TPS through October 2, 2026.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at https://www.uscis.gov/tps. Fees
for the Form I-821, the Form I-765, and biometric services are also
described in 8 CFR 106.2 and the fee waiver-related regulations in 8
CFR 106.3. In addition, USCIS Form G-1055, Fee Schedule,

[[Page 5967]]

provides the current fees required for the Form I-821 and Form I-765
for existing TPS beneficiaries who are re-registering.

How Can TPS Beneficiaries Obtain an EAD?

Everyone must provide their employer with documentation showing
that they have the legal right to work in the United States. TPS
beneficiaries are eligible to obtain an EAD, which proves their legal
right to work. If you want to obtain an EAD, you must file Form I-765
and pay the Form I-765 fee (or request a fee waiver, which you may
submit on Form I-912). TPS applicants may file this form with their TPS
application, or separately later, if their TPS application is still
pending or has been approved.
Beneficiaries with a Venezuela TPS-related Form I-765 that was
still pending as of January 17, 2025, do not need to file the
application again. If USCIS approves a pending TPS-related Form I-765,
USCIS will issue the individual a new EAD that will be valid through
October 2, 2026.

Can My TPS-Related EAD Be Automatically Extended?

Yes. There are two ways for your TPS-related EAD to be
automatically extended. First, if you already have an EAD with a ``Card
Expires'' date of September 10, 2025, April 2, 2025, March 10, 2024, or
September 9, 2022, this Federal Register notice automatically extends
it through April 2, 2026 without any further action on your part. You
do not need to present this FRN or any other additional documentation
other than your EAD to use this automatic extension.
Second, you may also be eligible for a longer automatic extension
of up to 540 days from the ``Card Expires'' date on the EAD if you file
your Form I-765 EAD renewal application during the re-registration
period of January 17, 2025, through September 10, 2025 (``Up to 540-Day
Automatic EAD Extension'').\54\ See the section ``How can I receive an
automatic extension of my current TPS EAD for up to 540 days from the
``Card Expires'' date on the EAD by filing an EAD renewal application
(``Up to 540-Day Automatic EAD Extension'')?'' of this Federal Register
notice for more information. Your EAD may be eligible for both types of
extensions, but in no case will your EAD automatic extension be valid
past October 2, 2026. If you take advantage of both types of EAD
extensions, the automatic extension periods run concurrently.
---------------------------------------------------------------------------

\54\ Under 8 CFR 274a.13(d), EADs with category A12 and C19 are
eligible for an automatic extension of up to 540 days from the date
on the face of the EAD if the bearer's Form I-765 application is
properly filed under either the A12 or C19 category and during the
re-registration period described in the applicable Federal Register
notice.
---------------------------------------------------------------------------

Filing Information

USCIS offers the option to applicants for TPS under Venezuela's
designation to file Form I-821 and related requests for EADs online or
by mail. However, if you file Form I-912, Request for Fee Waiver or a
written fee waiver request for any applications filed together with
your Form I-821, you must submit your applications by mail. When filing
a TPS application, you can also request an EAD by submitting a
completed Form I-765 with your Form I-821. Under certain circumstances,
you may also upload a completed Form I-765 with a fee or fee waiver
request, in Portable Document Format (PDF) through your USCIS online
account. More information about filing your Form I-765 and fee waiver
request through a PDF upload is available at https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option.
Online filing: Form I-821 and Form I-765 are available for
concurrent filing online.\55\ To file these forms online, you must
first create a USCIS online account.\56\
---------------------------------------------------------------------------

\55\ Find information about online filing at ``Forms Available
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
\56\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

PDF upload: Form I-765, if applicable, and Form I-912, if
applicable, are available for PDF upload. To upload these documents,
you must first create a USCIS online account.\57\
---------------------------------------------------------------------------

\57\ https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option. Sign up to create a new USCIS
online account at https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

Mail filing: Mail your completed Form I-821; Form I-765, if
applicable; Form I-912, if applicable; and supporting documentation to
the proper address in Table 1--Mailing Addresses.

Table 1--Mailing Addresses
------------------------------------------------------------------------
If. . . Mail to. . .
------------------------------------------------------------------------
You live in California or Texas and are USCIS, Attn: TPS Venezuela,
using U.S. Postal Service (USPS). P.O. Box 20300, Phoenix, AZ
85036-0300.
You live in California or Texas and are USCIS, Attn: TPS Venezuela (Box
using FedEX, UPS, or DHL. 20300), 2108 E. Elliot Rd.,
Tempe, AZ 85284-1806.
You live in Florida, and you are using USCIS, Attn: TPS Venezuela,
the U.S. Postal Service (USPS). P.O. Box 660864, Dallas, TX
75266-0864.
You live in Florida, and you are using USCIS, Attn: TPS Venezuela (Box
FedEx, UPS, or DHL. 660864), 2501 S. State
Highway, 121 Business, Suite
400, Lewisville, TX 75067-
8003.
You live in Illinois, Indiana, USCIS, Attn: TPS Venezuela,
Massachusetts, New Jersey, New York, P.O. Box 4091, Carol Stream,
North Carolina, Utah, or Virginia, and IL 60197-4091.
you are using the U.S. Postal Service
(USPS).
You live in Illinois, Indiana, USCIS, Attn: TPS Venezuela (Box
Massachusetts, New Jersey, New York, 4091), 2500 Westfield Drive,
North Carolina, Utah, or Virginia, and Elgin, IL 60124-7836.
you are using FedEx, UPS, or DHL.
You live in any other state or USCIS, Attn: TPS Venezuela,
territory, and you are using the U.S. P.O. Box 805282, Chicago, IL
Postal Service (USPS). 60680-5285.
You live in any other state or USCIS, Attn: TPS Venezuela (Box
territory, and you are using FedEx, 805282), 131 South Dearborn
UPS, or DHL. Street, 3rd Floor, Chicago, IL
60603-5517.
------------------------------------------------------------------------

If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you want to request an EAD, you may
submit Form I-765 one of three ways: online, mail your Form I-765 to
the appropriate address in Table 1, or upload a completed PDF through
your USCIS online account. If you file online, you will be prompted to
include the fee. If you file by mail, you must include the fee or fee
waiver request. If you file by

[[Page 5968]]

PDF upload, you must include the fee or a fee waiver request. When you
request an EAD based on an IJ or BIA grant of TPS, include with your
application a copy of the order from the IJ or BIA granting you TPS.
This will help us verify your grant of TPS and process your
application.

Supporting Documents

The filing instructions for Form I-821 list all the documents you
need to re-register for TPS. You may also find information on the
acceptable documentation and other requirements for re-registering for
TPS on the USCIS website at https://www.uscis.gov/tps under
``Venezuela.''

Travel

TPS beneficiaries and TPS applicants with pending Form I-821
applications may also apply for travel authorization, which USCIS may
grant as a matter of discretion. You must file for travel authorization
if you wish to travel outside of the United States. If USCIS grants
travel authorization, it gives you permission to leave the United
States and to return to a U.S. port of entry to request re-entry during
a specific period. To request travel authorization, you must file Form
I-131, available at https://www.uscis.gov/i-131. You may file Form I-
131 together with your Form I-821 or separately. When filing Form I-
131, a TPS beneficiary must:
Select Item Number 4 in Part 1 on the Form I-131; and
Submit the fee for Form I-131, or request a fee waiver,
which you may submit on Form I-912.
When filing Form I-131, a TPS applicant with a pending initial Form
I-821 must:
Select Item Number 5C in Part 1 on the Form I-131; and
Submit the fee for Form I-131, or request a fee waiver,
which you may submit on Form I-912.
If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1. If you are filing Form I-131
separately based on a pending or approved Form I-821, send your form to
the address listed in Table 2 and include a copy of Form I-797, Notice
of Action, or Form I-797C, Notice of Action, indicating either approval
or receipt of Form I-821. Form I-131 may not be filed by PDF upload.

Table 2--Mailing Addresses
------------------------------------------------------------------------
If you are. . . Mail to. . .
------------------------------------------------------------------------
Filing Form I-131 together with The address provided in Table 1.
Form I-821.
Filing Form I-131 based on a USCIS, Attn: I-131 TPS, P.O. Box
pending or approved Form I-821, 660167, Dallas, TX 75266-0867.
and you are using the U.S. Postal
Service (USPS).
You must include a copy of the ...................................
Notice of Action (Form I-797C or I-
797) showing USCIS received or
approved your Form I-821.
Filing Form I-131 based on a USCIS, Attn: I-131 TPS, 2501 S.
pending or approved Form I-821, State Hwy. 121 Business, Ste. 400,
and you are using FedEx, UPS, or Lewisville, TX 75067.
DHL.
You must include a copy of the ...................................
Notice of Action (Form I-797C or I-
797) showing USCIS received or
approved your Form I-821.
------------------------------------------------------------------------

Biometric Services Fee for TPS:

Biometrics (such as fingerprints) are required for all applicants,
in addition to a biometric services fee. As previously stated, if you
cannot pay the biometric services fee, you may request a fee waiver,
which you may submit on Form I-912. For more information on the
application forms and fees for TPS, please visit the USCIS TPS web page
at https://www.uscis.gov/tps. USCIS may require you to visit an
Application Support Center to have your biometrics collected. For
additional information on the USCIS biometric screening process, please
see the USCIS Customer Profile Management Service Privacy Impact
Assessment, available at https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms.

General Employment-Related Information for TPS Applicants and Their
Employers

How can I obtain information on the status of my TPS application and
EAD request?

To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at https://uscis.gov or visit the USCIS Contact Center at
https://www.uscis.gov/contactcenter. If you still need assistance, you
may ask a question about your case online at https://egov.uscis.gov/e-request/Intro.do or call the USCIS Contact Center at 800-375-5283 (TTY
800-767-1833).

Am I eligible to receive an automatic extension of my current EAD
through April 2, 2026, through this Federal Register notice (``FRN-
Based Automatic EAD Extension'')?

Yes. Regardless of your country of birth, if you currently have a
Venezuela TPS-based 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, this Federal Register notice automatically
extends your EAD through April 2, 2026, without any further action on
your part. Although this Federal Register notice automatically extends
your EAD through April 2, 2026, you still must timely re-register for
TPS by filing Form I-821 in accordance with the procedures described in
this Federal Register notice to maintain your TPS. You also should file
your Form I-765 timely to avoid possible gaps in your employment
authorization documentation.

How can I receive an automatic extension of my current TPS EAD for up
to 540 days from the ``Card Expires'' date on the EAD by filing an EAD
renewal application (``Up to 540-Day Automatic EAD Extension'')?

You qualify for this other type of automatic EAD extension if:
You properly file your renewal Form I-765 during the TPS
re-registration period which is January 17, 2025, through September 10,
2025; and
Your Form I-765 EAD renewal application is under category
A12 or C19.
As long as the categories listed on your EAD and Form I-797C
receipt notice are A12 or C19, they don't need to be the same. (For
example, your EAD may still be automatically extended for up to 540
days if your facially expired or expiring EAD says C19 and your renewal
application says A12.)
For purposes of your employer verifying your employment eligibility
on the Form I-9, if you choose to complete your Form I-9 using the ``Up

[[Page 5969]]

to 540-Day Automatic EAD Extension,'' the automatic extension period
starts from the ``Card Expires'' date on your EAD. You may use the EAD
Automatic Extension Calculator available at https://www.uscis.gov/eadautoextend to determine the automatically extended expiration date.

When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?

You can find the Lists of Acceptable Documents on Form I-9,
Employment Eligibility Verification, as well as the Acceptable
Documents web page at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the identity and
employment authorization of all new employees. Within three business
days of hire, employees must present acceptable documents to their
employers as evidence of identity and employment authorization to
satisfy Form I-9 requirements.
You may present one selection from List A (which provides evidence
of both identity and employment authorization) or one selection from
List B (which provides evidence of your identity) together with one
selection from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt as described
in these lists. Employers may not reject a document based on a future
expiration date. You can find additional information about Form I-9 on
the I-9 Central web page at https://www.uscis.gov/I-9Central. An EAD is
an acceptable document under List A. See the section ``How do my
employer and I complete Form I-9 using my automatically extended EAD
for a new job?'' of this Federal Register notice for more information.
A. FRN-based Automatic EAD Extension. If your EAD states A12 or C19
under Category and has a ``Card Expires'' date of September 10, 2025,
April 2, 2025, March 10, 2024, or September 9, 2022, this Federal
Register notice extends it automatically, and you may choose to present
your EAD to your employer as proof of identity and employment
eligibility for Form I-9 through April 2, 2026. Your country of birth
noted on the EAD does not have to reflect the TPS-designated country of
Venezuela for you to be eligible for this extension. You may, but are
not required to, show this Federal Register notice to your employer to
explain what to do for Form I-9 and to show that USCIS has
automatically extended your EAD through April 2, 2026.
B. Up to 540-day Automatic EAD Extension. To show that you qualify
for this extension, present:
1. Your EAD with a Category Code of A12 or C19 and
2. Your Form I-797C, Notice of Action, for your Form I-765 renewal
EAD application showing a Category Code of A12 or C19. The ``Received
Date'' on this notice must fall within the re-registration period
described in this FRN, which is from January 17, 2025, through
September 10, 2025.
The A12 or C19 categories on your Form I-797C, Notice of Action,
and facially expired or expiring A12 or C19 EAD do not need to match,
as long as each lists A12 or C19 as the category. (For example, your
EAD may still be automatically extended for up to 540 days if your EAD
says C19 and your renewal application says A12.)

What documentation may I present to my employer for Form I-9 if I am
already employed but my current TPS-related EAD is set to expire?

Your employer is required by law to ask you about your continued
employment authorization. Your employer may need to reexamine your
automatically extended EAD to check the ``Card Expires'' date and
Category code if your employer did not keep a copy of your EAD when you
initially presented it. Once your employer has reviewed the ``Card
Expires'' date and Category code, they should update the EAD expiration
date in Section 2 of Form I-9. See the section ``What updates should my
current employer make to Form I-9 if my EAD has been automatically
extended?'' of this Federal Register notice for more information.
A. FRN-based Automatic EAD Extension. If you choose to use the
automatic EAD extension based on this Federal Register notice, you may
show this Federal Register notice to your employer to explain what to
do for Form I-9 and to show that USCIS has automatically extended your
EAD through April 2, 2026; however, you are not required to do so. The
last day of this automatic EAD extension is April 2, 2026. Before you
start work on April 3, 2026, your employer is required by law to
reverify your employment authorization on Form I-9.
B. Up to 540-day Automatic EAD Extension. If you filed your EAD
renewal application during the re-registration period indicated in this
Federal Register notice and choose to have your EAD automatically
extended for up to 540 days from the ``Card Expires'' date on your EAD,
but no later than October 2, 2026, present:
1. Your facially expired or expiring EAD with a Category Code of
A12 or C19, and
2. The Form I-797C, Notice of Action, showing a Category Code of
A12 or C19. The ``Received Date'' on this notice must fall within the
re-registration period described in this FRN, which is from January 17,
2025, through September 10, 2025.
By the end date of your automatic EAD extension, you must present
any document from List A or any document from List C on Form I-9 Lists
of Acceptable Documents, or an acceptable List A or List C receipt
described in these lists to reverify employment authorization.
Your employer may not specify which List A or List C document you
must present and cannot reject an acceptable receipt.

If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?

Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, even if you already have an EAD or employment authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through October 2, 2026, you must file Form I-765 and pay the
associated fee (unless USCIS grants your fee waiver request).

Can my employer require that I provide any other documentation to
complete Form I-9, such as evidence of my status, proof of my
Venezuelan citizenship, or a Form I-797 showing that I registered for
TPS?

No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C receipt.
Employers may not request other documentation, such as proof of
Venezuelan citizenship or proof of registration for TPS, when
completing Form I-9 for new hires or reverifying the employment
authorization of current employees. If you present an EAD that USCIS
has automatically extended, employers should accept it as a valid List
A document if the EAD reasonably appears to be genuine and to relate to
you. Refer to the ``Note to Employees'' section of this Federal
Register notice for important information about your rights if your
employer rejects lawful documentation, requires additional
documentation, or otherwise discriminates against you based on your
citizenship or

[[Page 5970]]

immigration status or your national origin.

How do my employer and I complete Form I-9 using my automatically
extended EAD for a new job?

A. FRN-based Automatic EAD Extension. When using this this type of
automatically extended EAD to complete Form I-9 for a new job before
April 3, 2026:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until'' and enter
October 2, 2026, as the ``expiration date''; and
b. Enter your USCIS number or A-Number where indicated. (Your EAD
or other document from DHS will have your USCIS number or A-Number
printed on it; the USCIS number is the same as your A-Number without
the A prefix.)
2. For Section 2, employers should:
a. Determine whether the EAD is auto-extended by ensuring it is in
category A12 or C19 and has a ``Card Expires'' date of September 10,
2025, April 2, 2025, March 10, 2024, or September 9, 2022;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write April 2, 2026, as the expiration date.
Before the start of work on April 3, 2026, employers must reverify
the employee's employment authorization on Form I-9.
B. Up to 540-day Automatic EAD Extension. If you filed your EAD
renewal application during the re-registration period indicated in this
Federal Register notice and choose to have your EAD automatically
extended for up to 540 days from the ``Card Expires'' date on your EAD:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until;'' and
b. Enter your USCIS number or A-Number where indicated. (Your EAD
or other document from DHS will have your USCIS number or A-Number
printed on it; the USCIS number is the same as your A-Number without
the A prefix.)
c. Enter October 2, 2026 as the expiration date.
2. In Section 2, in the List A column, the employer must:
a. Determine whether the EAD is automatically extended by ensuring
it is in category A12 or C19 and that your Form I-797C indicates that
you filed your Form I-765 renewal EAD application under Category A12 or
C19 and during the re-registration period indicated in this Federal
Register notice;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. In the Expiration Date field, enter the date 540 days from the
``Card Expires'' date on the EAD. This date may not be later than
October 2, 2026. Use the Automatic Extension Eligibility Calculator at
https://www.uscis.gov/eadautoextend to calculate your new EAD
expiration date.
f. Employers should also enter ``EAD EXT'' in the Additional
Information field.

What updates should my current employer make to Form I-9 if my EAD has
been automatically extended?

If you presented a TPS-related EAD that was valid when you first
started your job and USCIS has now automatically extended your EAD,
your employer may need to re-examine your current EAD if they do not
have a copy of the EAD on file. Your employer should determine whether
your EAD is automatically extended by ensuring that it contains
Category A12 or C19.
A. FRN-based automatic EAD Extension. If you are relying on an FRN-
based automatic EAD extension, your employer should examine your EAD to
see if it has a ``Card Expires'' date of September 10, 2025, April 2,
2025, March 10, 2024, or September 9, 2022. Your employer may not rely
on the country of birth listed on the card to determine whether you are
eligible for this extension.
If your employer determines that USCIS has automatically extended
your EAD through this Federal Register notice, they should update
Section 2 of your previously completed Form I-9 as follows:
1. Write EAD EXT and April 2, 2026, as the last day of the
automatic extension in the Additional Information field; and
2. Initial and date the correction.
Note: This is not considered a reverification. Employers do not
reverify the employee until either the automatic extension has ended,
or the employee presents a new document to show continued employment
authorization, whichever is sooner. By the date that the employee's
automatically extended EAD expires, employers are required by law to
reverify the employee's employment authorization on Form I-9.
B. Up to 540-day Automatic EAD Extension. If you are relying on an
up to 540-day automatic EAD extension, your employer must also examine
your Form I-797C indicating receipt of your Form I-765 renewal EAD
application to determine if it was filed under Category A12 or C19 and
during the re-registration period indicated in this Federal Register
notice. Your employer will need to update Form I-9 by entering the
appropriate automatic EAD extension expiration date and ``EAD EXT'' in
the Section 2 Additional Information field. The new up to 540-day EAD
extension expiration date starts from the ``Card Expires'' date on the
face of your current EAD, not to exceed the TPS designation end date
indicated in this Federal Register notice. Use the Automatic Extension
Eligibility Calculator at https://www.uscis.gov/eadautoextend to
calculate your new EAD expiration date.
Note: This information also applies if you initially presented a
TPS-related EAD that was automatically extended by the FRN-Based
Automatic EAD Extension and later obtained an up to 540-day automatic
EAD extension.

If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?

Employers may create a case in E-Verify for a new employee by
entering the EAD document number and expiration date from Section 2 of
Form I-9 into the corresponding fields in E-Verify.

If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?

If you have an employee who provided a TPS-related EAD when they
first started working for you, you will receive a ``Work Authorization
Documents Expiring'' case alert when the auto-extension period for this
EAD is about to expire. You must reverify your employee's employment
authorization on Form I-9 by the date their automatic EAD extension
ends. Employers may not use E-Verify for reverification.

Note to All Employers

Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. USCIS accepts calls and

[[Page 5971]]

emails in English, Spanish, and many other languages. For questions
about avoiding discrimination during the employment eligibility
verification process (Form I-9 and E-Verify), employers may call the
U.S. Department of Justice, Civil Rights Division, Immigrant and
Employee Rights Section (IER) Employer Hotline at 800-255-8155 (TTY
800-237-2515). IER offers language interpretation in many languages.
Employers may also email IER at [email protected] or get more information
online at https://www.justice.gov/ier.

Note to Employees

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 [email protected]. USCIS accepts calls and emails
in English, Spanish and many other languages. Employees or job
applicants may also call the U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee Rights Section (IER) Worker Hotline at
800-255-7688 (TTY 800-237-2515) for information regarding employment
discrimination based on citizenship, immigration status, or national
origin, including discrimination related to Form I-9 and E-Verify. The
IER Worker Hotline provides language interpretation in many languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in these lists. Employers may not require extra or additional
documentation other than what is required to complete Form I-9.
Further, employers participating in E-Verify who receive an E-Verify
case result of ``Tentative Nonconfirmation'' (mismatch) must promptly
inform employees of the mismatch and give these employees an
opportunity to resolve the mismatch. A mismatch means that the
information entered into E-Verify from Form I-9 differs from records
available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
mismatch while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result occurs if E-Verify cannot confirm an
employee's employment eligibility. An employer may terminate employment
based on a case result of FNC. Employment-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at https://www.justice.gov/ier and the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.

Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)

For Federal purposes, if you present an EAD that has been
automatically extended by this Federal Register notice, you do not need
to show any other document, such as a Form I-797C, Notice of Action,
reflecting receipt of a Form I-765 EAD renewal application or this
Federal Register notice, to prove that you qualify for this extension.
If you are presenting an EAD extended by an up to 540-day extension,
you will need to show your Form I-797C, Notice of Action, reflecting
receipt of your Form I-765. While Federal Government agencies must
follow the guidelines laid out by the Federal Government, State and
local government agencies establish their own rules and guidelines when
granting certain benefits. Each state may have different laws,
requirements, and determinations about what documents you need to
provide to prove eligibility for certain benefits. Whether you are
applying for a Federal, State, or local government benefit, you may
need to provide the government agency with documents that show you are
a TPS beneficiary or applicant, show you are authorized to work based
on TPS or other status, or that may be used by DHS to determine if you
have TPS or another immigration status. Examples of such documents are:
Your current EAD with a TPS category code of A12 or C19,
even if your country of birth noted on the EAD does not reflect the
TPS-designated country of Venezuela;
Your Form I-94, Arrival/Departure Record;
Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
Form I-797 or Form I-797C, Notice of Action, reflecting
approval or receipt of a past or current Form I-821, if you received
one from USCIS.
Check with the government agency requesting documentation about
which document(s) the agency will accept.
Some state and local government agencies use SAVE, https://www.uscis.gov/save, to confirm the current immigration status of
applicants for public benefits. While SAVE can verify that an
individual has TPS or a pending TPS application, each agency's
procedures govern whether they will accept an unexpired EAD, Form I-
797, Form I-797C, or Form I-94. If an agency accepts the type of TPS-
related document you present, such as an EAD, the agency should accept
your automatically extended EAD, regardless of the country of birth
listed on the EAD. It may assist the agency if you:
a. Give the agency a copy of the relevant Federal Register notice
showing the extension of TPS-related documentation in addition to your
recent TPS-related document with your A-Number, USCIS number, or Form
I-94 number;
b. Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
c. Ask the agency to initiate a SAVE query with your information
and follow through with additional verification steps, if necessary, to
get a final SAVE response verifying your TPS.
You can also ask the agency to look for SAVE notices or contact
SAVE if they have any questions about your immigration status or
automatic extension of TPS-related documentation. In most cases, SAVE
provides an automated electronic response to benefit-granting agencies
within seconds, but occasionally verification can be delayed.
You can check the status of your SAVE verification by using
CaseCheck at https://www.uscis.gov/save/save-casecheck. CaseCheck is a
free service that lets you follow the progress of your SAVE
verification case using your date of birth and one immigration
identifier number (such as your A-Number, USCIS number, or Form I-94
number) or Verification Case Number. If an agency has denied your
application based solely or in part on a SAVE response, the agency must
allow you to appeal the decision in accordance with the agency's
procedures. If the agency has received and acted on or will act on a
SAVE verification and you do not believe the SAVE response is correct,
the SAVE website, https://www.uscis.gov/save/for-benefit-applicants,
has detailed information on how to correct or update your immigration
record, make an

[[Page 5972]]

appointment, or submit a written request to correct records.

[FR Doc. 2025-00769 Filed 1-13-25; 8:45 am]
BILLING CODE 9111-97-P