Overview
Temporary Protected Status (TPS) is a temporary protection the U.S. provides to foreign nationals who cannot safely return to their home countries due to armed conflict, natural disasters, or other extraordinary conditions. TPS is designated by the Secretary of Homeland Security for specific countries, and nationals of those countries who are in the U.S. during the designation period may register for TPS to obtain lawful stay and work authorization. TPS is not a visa and does not automatically lead to a green card, but holders are protected from deportation during the protection period. Currently designated TPS countries include El Salvador, Honduras, Haiti, Nicaragua, Venezuela, Ukraine, Myanmar, Somalia, Yemen, Syria, and approximately 16 countries total. Each designation has its own expiration date and must be periodically redesignated.
Eligibility Requirements
- Must be a national of a designated TPS country (or a stateless person who last habitually resided in that country)
- Must have been continuously physically present in the U.S. since the designated date (specific date varies by country)
- Must file the application with USCIS during the designated registration period
- Must not have been convicted of a felony or two or more misdemeanors (Good Moral Character requirement)
- Must not fall under TPS bars (e.g., terrorism-related activities, persecution of others)
- Must re-register during each TPS extension period
Application Process
Confirm Designated Country and Dates
Check the USCIS website to confirm your nationality is on the TPS designated country list, along with registration deadlines and continuous presence dates.
Submit TPS Application
During the registration period, file Form I-821 (TPS application) and Form I-765 (EAD application) with USCIS. Initial registration fee is $50 + I-765 fee $410.
Biometrics Appointment
Attend the designated ASC for fingerprints and photographs as instructed.
Await Adjudication
USCIS reviews the application, verifying eligibility and conducting background checks. Lawful stay is maintained during processing.
Receive TPS and EAD
Upon approval, receive TPS approval notice and EAD card. EAD validity matches the TPS designation period.
Re-register Periodically
Each time TPS is extended (typically every 12-18 months), re-registration within the designated period is required. Failure to re-register will terminate TPS status.
Timeline Reference
| Stage | Duration |
|---|---|
| Initial Registration | During designated registration period (typically 60–180 day window) |
| TPS Adjudication | 3–12 months |
| EAD Approval | 3–6 months |
| TPS Designation Period | 6–18 months (renewable) |
| Re-registration Window | Within 60 days of extension announcement |
Frequently Asked Questions
Can TPS lead to a green card?
TPS does not directly convert to a green card. However, TPS holders may pursue green cards through other pathways: (1) family-based sponsorship by a U.S. citizen or green card holder (I-130); (2) employment-based immigration through employer sponsorship (PERM/I-140); (3) self-petition if eligible for EB-1A or NIW. A key issue is the "lawful admission" requirement — TPS holders who originally entered the U.S. unlawfully typically cannot adjust status through I-485 and must use consular processing. However, if the TPS holder traveled internationally using TPS-based Advance Parole, the subsequent reentry may be treated as a "lawful admission," potentially satisfying the I-485 requirement.
What happens if TPS is terminated for my country?
If the U.S. government terminates TPS designation for a country, affected TPS holders typically receive a transition period (usually 6-18 months) to arrange their status. Options include: (1) changing to another visa status if eligible (e.g., H-1B, F-1); (2) waiting for a pending green card application to be approved; (3) departing the U.S.; (4) challenging the termination through legal proceedings if the decision is deemed improper (several TPS terminations have been blocked by courts). Consulting an attorney immediately after a termination announcement is strongly recommended.
Can TPS holders travel internationally?
TPS holders must obtain Advance Parole (Form I-131 travel document) before departing the U.S. Leaving without approved AP will be treated as abandonment of TPS status. After obtaining AP, the holder may travel and reenter as a Parolee. Importantly, reentering on AP may help satisfy the "lawful admission" requirement for I-485 (for TPS holders who originally entered unlawfully). However, travel to the home country may affect TPS status (similar to the risk asylees face when returning to the country of claimed persecution).
What if I miss the re-registration deadline?
If the TPS re-registration deadline is missed, TPS status will terminate when the current designation period expires. However, USCIS has discretion to accept "Late Registration" if the applicant demonstrates "Good Cause" for the delay. Good cause may include: serious illness or hospitalization, natural disaster impact, attorney negligence, etc. Filing the late registration promptly with an explanation letter and evidence is recommended. If the late filing is rejected, TPS status terminates.
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