What is TPS (Temporary Protected Status) & who is eligible to apply?
What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a humanitarian program established under the Immigration Act 1990. It provides relief to nationals from designated countries facing natural disasters, armed conflicts, or other extraordinary conditions. The Secretary of Homeland Security determines which countries qualify and whether to extend or terminate their TPS designation every 18 months. The government announces 60 days before a TPS designation expires whether it will be extended or terminated.
Key Aspects of TPS:
TPS is not automatic; applicants must register by filing Form I-821 with U.S. Citizenship and Immigration Services (USCIS) and providing supporting documentation.
TPS recipients cannot be deported while their status is active.
They may apply for an Employment Authorization Document (EAD) to work legally in the U.S.
They can also apply for travel authorization for an additional fee.
The initial designation period is 18 months, with the possibility of re-registration if the status is extended.
Once TPS ends, beneficiaries return to their previous immigration status unless they obtain another legal status.
Countries Currently Designated for TPS:
Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, Yemen.
TPS policies and designations can change due to policy shifts or court rulings, so it is always best to stay informed and act quickly.
TPS Eligibility Criteria:
Nationality – Must be a national of a TPS-designated country or prove long-term residence in that country.
Physical Presence – Must have been physically present in the U.S. since the country’s designation date. Brief departures may be allowed.
Continuous Residence – Must have resided continuously in the U.S. since the date specified for their country.
Criminal and Immigration History – Certain criminal offenses, such as aggravated felonies, drug-related convictions, or crimes involving moral turpitude, may result in ineligibility. Immigration violations, including prior deportation orders or fraud in immigration applications, can also impact eligibility. It is essential to consult with an attorney to determine which criminal or immigration issues are waivable without a separate waiver request. A competent attorney can clarify what issues may render you ineligible for TPS and which require/do not require a separate waiver filing.
When in doubt, please ensure before any TPS filing. Non-disclosure of waivable issues can result in the denial of your TPS application and may also impact future applications for permanent residency. This is why a thorough screening is needed before you go ahead and file your TPS application.
Who Can Apply?
Individuals with valid temporary visas or pending immigration cases can apply.
Those who overstayed a visa or entered the U.S. without inspection may still qualify.
TPS does not erase unlawful entry or visa overstay, which may impact future immigration applications.
Application Deadlines & Fees:
Initial Registration: You must apply within the designated period for each country.
Late Registration: Possible under certain circumstances but may be complex.
Fees:
Attorney Fee:
First-time registration: I-821 with EAD: $1,455 (for cases that do not need any waiver)
If a waiver is needed, there will be an additional service fee.
Re-registration: I-821 with EAD: $750 (for current TPS beneficiaries needing renewal)
USCIS Application Filing Fees:
Form I-821: $50 (first-time applicants); $0 for re-registration
Biometrics: $85 (ages 14-65)
Optional EAD (work permit application): $410 (ages 14-65); free for under 14 or over 65
Fee Waiver:
Applicants who cannot afford USCIS filing fees may request a fee waiver by submitting Form I-912, Request for Fee Waiver, and supporting documentation. To be eligible, applicants must demonstrate financial hardship with objective evidence. USCIS has the discretion to grant or deny your fee waiver request.
TPS Benefits:
Lawful stay in the U.S. during the designated period upon TPS application approval.
Legal employment with an EAD upon I-765 approval.
Travel authorization upon I-131 advance parole approval.
TPS does not lead to a green card or citizenship, but beneficiaries may adjust their status through other immigration pathways.
What Happens When TPS Expires?
Re-registration: If extended, TPS holders must re-register on time to maintain status.
If TPS is not extended, beneficiaries must leave the U.S. unless they qualify for another legal status (e.g., family- or employment-based green card, student or work visa).
Recent TPS Extensions (as of Jan 16, 2025):
Ukraine: Extended until Oct. 19, 2026.
Sudan: Extended until Oct. 19, 2026.
Venezuela: Extended until Oct. 2, 2026.
Lebanon: Extended until May 27, 2026.
Somalia: Extended until Mar. 17, 2026.
Yemen: Extended until Mar. 3, 2026.
Haiti: Extended until Feb. 3, 2026.
Ethiopia: Extended until Dec. 12, 2025.
Note: If your TPS expires soon, re-register during the designated period to avoid legal status and employment authorization gaps. Delays could affect your ability to work legally in the U.S.
If you are from a TPS-designated country and are in the U.S., don’t wait—check your eligibility and apply as soon as possible. TPS has strict deadlines, and timing is key to maintaining protection and work authorization. Stay informed, act fast, and seek legal guidance if needed.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is ONLY established upon the mutual signing of a Legal Services Agreement AND the prospective client’s payment of the required attorney fee.