The U.S. Supreme Court has cleared the way for the federal government to end deportation protections and work permits for more than 350,000 Venezuelan migrants with Temporary Protected Status (TPS), creating serious staffing challenges for employers.
Venezuelan TPS holders are a major part of the U.S. labor force in various industries. They’ve helped fill persistent shortages in construction, hospitality, agriculture, and other hands-on jobs. Now, with the program at risk, employers nationwide could be left scrambling.
Here’s a breakdown of which industries are most affected and what employers can do to prepare for the loss of these workers.
When does TPS end?
For most Venezuelan TPS holders, work authorization is valid through September 10, 2025, under the 2021 designation. A smaller group — about 5,000 individuals — is protected through October 2, 2026, due to ongoing litigation. Employers should check the expiration dates on employees’ work permits (EADs) and begin workforce planning now.
Industries Most Affected
Hospitality and Food Service
Restaurants, hotels, and tourism businesses rely heavily on TPS holders for roles like cooks, cleaners, and servers. In states like Florida, these workers have kept hospitality businesses afloat during labor shortages. Losing them could lead to reduced service and limited operations.
Construction
Venezuelan TPS holders are a major part of the construction labor force, from general laborers to electricians’ assistants. Contractors may struggle to complete projects on time or take on new work as labor tightens further.
Healthcare Support
Home health aides, nursing assistants, and hospital staff are among the roles filled by TPS holders. With many healthcare providers already short-staffed, this could deepen coverage gaps and strain elder care services.
Agriculture
From harvesting crops to processing food, TPS holders are part of the agricultural backbone. Florida’s farm operations, in particular, could face severe shortfalls if this workforce is lost.
Janitorial and Maintenance Services
Cleaning crews, building maintenance staff, and custodians are among the most impacted. These roles are essential and often hard to fill with U.S. workers alone.
Case Study: Doral, Florida — “Doralzuela” and the Regional Impact
Doral, Florida — often referred to as “Doralzuela” due to its large Venezuelan population — offers a clear picture of what’s at stake.
Local business owner Wilmer Escaray employs around 150 workers across his restaurants and markets, roughly 70% of whom are Venezuelan TPS holders. The Supreme Court’s decision has left him uncertain about how to maintain staffing levels or continue operations without them.
“The impact for the business will be really hard,” he told business magazine ColoradoBiz.
Florida is home to the largest number of Venezuelan TPS holders in the country, and cities like Doral will feel the labor shortfall first. As TPS work permits expire, local businesses could face layoffs, reduced services, and declining revenues.
What Employers Can Do
If your business relies on TPS holders, now is the time to prepare. Here are some legal options and workforce strategies to consider:
1. Tap into Seasonal Work Visas (H-2B)
The H-2B visa allows U.S. employers to hire foreign workers for non-agricultural jobs that are seasonal or peak-load in nature such as restaurant staff, landscapers, or hotel housekeepers.
- Ideal for: Hospitality, tourism, landscaping, construction contractors with seasonal needs.
- Pro: Extra visas sometimes added mid-year during peak demand.
- Challenge: Highly competitive and capped annually.
Boundless Tip
Start at least 6 months ahead. You’ll need to prove the job is seasonal and that no U.S. workers are available. The process involves Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) filings and the visa cap fills quickly, so monitor cap deadlines and consider legal support to stay on track.
2. Use H-2A for Farm and Agricultural Work
Farms and food processors facing the loss of TPS workers can consider the H-2A visa, which provides temporary work authorization for foreign nationals in seasonal agriculture jobs.
- Ideal for: Farms, nurseries, packing plants.
- Pro: No numerical cap.
- Challenge: Employers must cover housing, meals, and transportation.
Boundless Tip
Start the process at least 60–90 days before you need workers. You’ll need to provide free housing, daily transportation, and pay the Adverse Effect Wage Rate (AEWR), which varies by state. Using a trusted H-2A agent or law firm can help ensure you meet all DOL and the Department of Homeland Security (DHS) requirements without costly delays.
3. Sponsor Long-Term Workers (EB-3 Green Card)
The EB-3 “Other Workers” category allows employers to sponsor workers for green cards in jobs requiring less than two years of training or experience.
- Ideal for: Long-term workers in construction, caregiving, food service, custodial work.
- Pro: Provides permanent work authorization.
- Challenge: Long processing times and labor certification required.
Boundless Tip
Begin by identifying workers you want to retain long-term. The EB-3 process involves labor certification (PERM), proving no qualified U.S. workers are available. It can take 1–3 years, so starting early is important. Make sure the employee maintains valid status during the process or explore consular options if needed.
4. Identify Alternative Work-Authorized Talent
Employers can broaden recruitment by hiring from immigrant populations who already have legal work authorization, such as refugees, asylees, green card holders, and TPS holders from other designated countries such as El Salvador, Sudan, or Ukraine. These individuals typically hold valid EADS and are authorized to work in the U.S.
Boundless Tip
Reach out to refugee resettlement organizations like the International Rescue Committee (IRC), HIAS (originally the Hebrew Immigrant Aid Society), or local affiliates that connect employers with work-authorized talent. These groups can help you fill roles with refugees, asylees, or parolees who already have valid EADs and are ready to work.
5. Leverage State and Local Workforce Resources
Some states offer programs to help employers find, train, and retain new workers. For example, the Texas Workforce Commission partners with employers to fund job training through its Skills Development Fund, while states like Colorado and California offer wage subsidies and fast-track certification programs in healthcare and the trades. Local workforce development boards and American Job Centers can also help connect you with job-ready candidates and available funding.
Boundless Tip
Contact your state’s Workforce Development Board or American Job Center to access training grants, wage subsidies, and hiring programs. Some states also fund apprenticeship or fast-track certification programs for in-demand roles in healthcare, construction, and hospitality. These resources can help you upskill new hires or backfill roles left open by departing TPS workers.
Action Steps for Employers
- Audit your workforce: Review I-9 forms and internal records to identify which employees are on TPS. Confirm the expiration dates on their EADs — most will expire by September 10, 2025. Prioritize roles that may be hard to replace or eligible for long-term sponsorship.
- Stay informed: Track updates from USCIS and DHS about TPS termination timelines, EAD renewals, and any grace periods. Assign someone on your team to monitor these announcements and flag any changes that affect your workforce planning.
- Consult an immigration attorney: Evaluate alternative legal options for your TPS employees. An attorney can help determine if workers qualify for EB-3 sponsorship, humanitarian parole, asylum, or other relief. Start early, as some options require workers to maintain valid immigration status throughout the process.
- Plan for recruitment gaps: Estimate how many roles could be affected and what the replacement timeline looks like. Build contingency plans that may include internal training, new recruitment strategies, or seasonal labor programs like H-2A or H-2B. Adjust budgets to account for added costs in hiring, training, or legal filings.
- Explore partnerships: Work with local and national organizations that support immigrant and refugee job seekers. This includes refugee resettlement agencies (like IRC or HIAS), workforce development boards, and nonprofit employment programs. These groups can help you connect with work-authorized candidates and provide onboarding support.
Bottom Line
The end of TPS for Venezuelans could cause major disruptions for U.S. employers, particularly in industries that are already struggling to hire. Now is the time to take action, explore legal alternatives, and prepare for changes ahead.
Boundless will continue tracking developments and provide updates as new guidance is released.