A Major Shift in Work Authorization for Venezuelan, Syrian, and Burmese Nationals
On November 7, 2025, the Department of Homeland Security (DHS) terminated the 2021 TPS designation for Venezuelan nationals living in the United States. This decision will end both deportation protection and employment authorization for hundreds of thousands of individuals unless alternate status is secured.
The 2021 Designation and its Extensions
The United States first designated Venezuela for TPS in March 2021, citing the country’s prolonged economic collapse and political instability. Over the years, extensions and redesignations, including in 2023 and 2025, allowed beneficiaries to renew Employment Authorization Documents (EADs) and maintain lawful status. For example, DHS extended the redesignation of 2023 through April 2, 2026.
The 2021 designation specifically covered those Venezuelans present in the U.S. as of a certain cutoff date. Beneficiaries who re-registered under the 2023 redesignation may still retain protection until the redesignation’s expiration.
What Exactly Has Changed
Because of the termination:
- Individuals covered solely by the 2021 designation will no longer have TPS protection or valid EADs after the designated termination date
- Employers must update I-9 and employment-authorization status for impacted workers as soon as the termination becomes effective
- Beneficiaries must evaluate alternative immigration pathways or risk losing work authorization and facing removal proceedings
- Those who re-registered under the 2023 redesignation may remain protected until its expiration (currently noted as April 2, 2026) if they met the registration and eligibility requirements
- In short, this is not a blanket end to all Venezuelan TPS protections, but it marks a significant contraction for a large subset of beneficiaries
What Comes Next
The termination of the 2021 Venezuela TPS designation may not be the last adjustment for Venezuelan nationals in the U.S. Immigration experts anticipate:
- Possible further terminations or redesignations for related TPS categories depending on DHS assessments of country conditions
- Litigation that may pause or reverse certain terminations pending court review
- A need for legislation or regulatory change to provide longer-term solutions for TPS recipients
Firms should remain alert for updates from DHS and USCIS, as changes to TPS policy can arrive quickly and have immediate operational impact for clients and employers alike.
Syria TPS Termination: A Major Change for Syrian TPS Beneficiaries
On September 22, 2025, the Department of Homeland Security (DHS) announced that the TPS designation for Syria will be terminated as of 11:59 p.m. local time on November 21, 2025. This decision ends the protected status and employment authorization for Syrian nationals who had been residing in the U.S. under TPS unless alternative lawful status is secured.
TPS for Syria and What Has Changed
Syria was first designated for TPS on March 29, 2012, due to ongoing armed conflict and temporary unsafe conditions in the country. The designation has been extended multiple times over the years, most recently through the period ending September 30, 2025, under the extension announced by DHS.
In the September 2025 notice, DHS determined that Syria “no longer continues to meet the conditions” required for TPS and therefore the designation is being terminated.
The termination notice also specified that certain Employment Authorization Documents (EADs) issued under the Syrian TPS designation will remain valid through November 21, 2025
What the Termination Means in Practical Terms
- Syrian nationals (and aliens without nationality who last habitually resided in Syria) no longer qualify for TPS after November 21, 2025
- Employment authorization tied to the Syrian TPS designation ends at the termination time; beneficiaries must obtain another valid status or work permit to remain employed.
- Employers need to review I-9 and employment authorization records for affected employees and take appropriate compliance steps.
- Beneficiaries must begin exploring alternate immigration pathways (family-based, employment-based, humanitarian relief, or other non-immigrant status) if they wish to remain otherwise lawfully.
- Although no automatic removal is triggered for all beneficiaries, after the deadline individuals who remain without another valid status may be subject to removal proceedings
Challenges and Considerations for Immigration Firms
- Status transition risk: Beneficiaries may face gaps in work authorization if new status is not timely secured
- Client communication: Clear, early outreach is critical. Clients need to understand that TPS is ending, and they must act proactively
- Employer advisory: Firms should advise employer-clients about potential workforce impacts and compliance obligations
- Alternate pathways: Explore other routes for clients, including employment-based visas, family-based petitions, or asylum/refugee-based options where applicable
- Monitoring litigation and policy updates: Changes to TPS designations often bring litigation. For example, the National TPS Alliance v. Noem litigation for other TPS terminations shows how terminations can be stayed or delayed
TPS Designation for Burma to End January 26, 2026
On November 25, 2025, the U.S. Department of Homeland Security (DHS) announced that the TPS designation for Burma (Myanmar) will be terminated. The termination becomes effective at 11:59 p.m. local time on January 26, 2026. DHS estimates that approximately 3,969 individuals currently benefit from Burma’s TPS status.
How We Got Here
The TPS designation for Burma was first granted in response to extraordinary conditions in the country. Most recently, DHS extended and redesignated Burma for TPS on May 26, 2024, with the extension period set to end on November 25, 2025.
As part of its statutory responsibility under the Immigration and Nationality Act, DHS reviews country conditions before the expiration of any TPS designation. For Burma, after evaluation and interagency consultation, DHS concluded that the nation no longer meets the criteria required to maintain TPS.
What the Termination Means
- Work authorization and TPS benefits continue to be valid until that date for individuals holding valid Employment Authorization Documents (EADs) issued under TPS. DHS has indicated that the termination will also conclude accompanying benefits tied to the TPS designation
- After January 26, 2026, TPS holders from Burma will no longer have protection from removal based solely on TPS status, and their EADs will no longer be valid
DHS’s Rationale for Termination
In its termination notice, DHS stated that while certain conditions in Burma remain serious, they no longer rise to the level required for TPS protection under U.S. law. The agency cited improvements in certain national circumstances as part of its determination.
The official decision follows the statutory requirement that TPS must be based on “extraordinary and temporary conditions” that make safe return impossible. With the expiration date approaching and after reviewing updated country information, DHS determined that continuation is not warranted.
What Remains Unchanged
It is important to note that TPS is a temporary humanitarian benefit. The termination of Burma’s TPS does not affect individuals who obtained other lawful immigration statuses (for example, green cards or visa-based employment). Those individuals remain lawful under their current status.
Additionally, the termination does not automatically trigger removal proceedings for every TPS holder. However, absent another valid status or relief, they may become removable after January 26, 2026.
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