Supreme Court Clears Path to End TPS for 350,000 Venezuelans - What Employers Should Know

On May 19, 2025, the U.S. Supreme Court issued an order allowing the Department of Homeland Security (DHS) to move forward, at least for now, with ending Temporary Protected Status (TPS) for nearly 350,000 Venezuelan nationals living in the U.S. A federal judge in California had previously postponed the termination, in connection with litigation challenging DHS’s actions, a week before it was scheduled to take effect.

For employers in the U.S., this latest development could impact workers whose employment authorization is tied to the Venezuelan TPS designation at issue. To help explain how and when those changes may affect I-9 compliance, this article will review the dual designations currently in place for Venezuela and discuss how these recent court actions may impact an employer's I-9 obligations.

Understanding TPS and the Two Venezuelan Designations

Temporary Protected Status (TPS) is a humanitarian program that allows eligible individuals from designated countries experiencing conflict, disaster, or extraordinary conditions to live and work legally in the U.S. during the designated period. Venezuelan nationals have been covered under two separate TPS designations:

• The 2021 Designation, first announced during the Biden administration in response to Venezuela’s political and humanitarian crisis.
   

• The 2023 Designation, which extended and expanded eligibility to include more recent arrivals. 

While both designations were previously extended through October 2026 by the Biden administration, the Trump administration vacated those extensions and also formally terminated the 2023 designation, which led to litigation and the federal court postponement. Now that the temporary pause has been lifted by the Supreme Court, the following appears to be in effect, barring any further legal developments or announcements from the government: 

• The 2021 designation remains active, but with a shortened validity period ending September 10, 2025.
   

• The 2023 designation has been terminated by DHS as of April 7, 2025, with EADs ending on April 2, 2025.

Because of these changes, Venezuelan TPS holders may have different statuses depending on when they applied and which designation they were eligible under. This also means that employers could encounter varying documentation, including Employment Authorization Documents (EADs) with different expiration dates, depending on which TPS designation applies to a given worker.

What Employers Should Know

Given the evolving nature of TPS, and the Supreme Court's recent decision, employers may be wondering how to interpret its impact on their Form I-9 obligations. While DHS has not yet issued specific I-9 guidance in response to the Court’s order, the following points may be helpful for employers to consider: 

• Employers should generally remain attentive to changes that may affect an individual’s work authorization, both when completing the Form I-9 for new hires and when managing reverification obligations for current employees. These responsibilities are ongoing and depend on the specific circumstances of each employee, particularly when work authorization is tied to a temporary program like TPS.
   

• Venezuelan employees may hold TPS-based EADs tied to either the 2021 or 2023 designation. Those whose EADs were issued under the now-terminated 2023 designation would generally have an expiration date of April 2, 2025. EADs issued under the 2021 designation, which remains in effect, are typically valid through September 10, 2025.
   

• Some TPS employees under the 2021 designation may present EADs with earlier printed expiration dates that could be still valid. This may occur if the individual qualified for a 540-day automatic extension under DHS’s final rule. Employers should take care to evaluate the full context of any EAD presented during the reverification process.
   

• Employers should continue to follow normal reverification procedures, including allowing an employee to present documentation of their choosing that shows continued work authorization. In some cases, employees who previously held TPS may have obtained authorization to work through other means, such as a pending asylum application or a separate immigration status.
   

• The Supreme Court’s order does not foreclose future legal challenges. Importantly, the Court noted that its ruling is “without prejudice” to legal challenges directed at DHS’s vacatur notice, particularly as it relates to the validity of EADs, Forms I-797, or Forms I-94 issued with October 2, 2026 expiration dates. This means that individuals may still bring lawsuits contesting DHS’s actions, independent of the Supreme Court’s decision in the instant case.
   

• This remains a legally fluid and fact-specific situation. The effect of the Supreme Court’s order and how DHS will proceed is still unfolding. Individual cases may vary, and there is no one-size-fits-all approach to managing these changes.

We will continue monitoring these developments and will share updates as further guidance emerges. In the meantime, employers are encouraged to consult with legal counsel before taking any employment-related action involving TPS or work authorization.

The information provided is intended as general guidance and is not intended to convey any tax, benefits, or legal advice. For information pertaining to your company and its specific facts and needs, please consult your own tax advisor or legal counsel.  Equifax Workforce Solutions provides services that can help employers reduce their compliance risks. Details on our provision of these services and related support will be contained in your services agreement. Links to sources may be to third party sites. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.