Complete guide to Temporary Protected Status (TPS). Covers designated countries, eligibility requirements, Form I-821 application, work authorization, travel
Temporary Protected Status (TPS) is a humanitarian immigration status the Secretary of Homeland Security may designate for nationals of foreign countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions that make it unsafe to return.
TPS was established by the Immigration Act of 1990 and is codified at INA 244. When a country is designated for TPS, eligible nationals of that country can apply for TPS status, receive protection from deportation (deferred enforced departure), and obtain Employment Authorization Documents (EADs) allowing them to work legally in the United States.
TPS is explicitly temporary, it is not a pathway to permanent residence by itself. TPS designations are made for specific periods (typically 6, 12, or 18 months) and can be extended or terminated based on country conditions. When TPS ends, beneficiaries return to whatever immigration status they had before TPS or, if they had no status, become subject to removal.
As of 2025, TPS-designated countries include: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, Yemen, and several others. DHS periodically adds or removes countries based on evolving conditions.
To be eligible for TPS, an individual must: (1) be a national of a TPS-designated country, or have no nationality and last habitually resided in a designated country; (2) have been continuously physically present in the US since the effective date of the most recent TPS designation for their country; (3) have been continuously residing in the US since the date specified in the TPS designation for their country; and (4) not be disqualified by grounds including certain criminal convictions or national security bars.
Continuous physical presence allows for certain absences, brief, casual, and innocent departures don't break presence. However, formal departures under grants of voluntary departure or with formal removal orders can break presence requirements. USCIS evaluates each case based on documented departure and return records.
Criminal disqualifications: any conviction of a felony or two or more misdemeanors in the US permanently bars TPS eligibility. Additionally, individuals who have persecuted others, are public charges (have received public benefits primarily), or have been convicted of certain crimes relating to domestic violence or drug trafficking are barred.
Individuals who entered the US after the continuous presence date established for their country's TPS designation are not eligible for TPS under the current designation. However, when DHS re-designates a country (as opposed to just extending the existing designation), it establishes a new continuous presence date, potentially making more recent arrivals eligible.
TPS applications are filed on Form I-821 (Application for Temporary Protected Status). Initial TPS applicants also file Form I-765 (Application for Employment Authorization) to receive an EAD simultaneously. Existing TPS beneficiaries filing for re-registration file both forms again.
Filing fees: Form I-821 fee is $50 for initial applications and $0 for re-registration. Form I-765 fee is $410 for initial applications; re-registration fees vary. Fee waivers are available for those who cannot afford the fees based on income documentation.
Required documentation for initial TPS: proof of nationality of the designated country (passport, birth certificate, national ID); proof of continuous US residence since the specified date (utility bills, lease agreements, bank statements, school records, employment records, tax returns); two passport photos; and proof of identity.
TPS applications must be filed during the designated registration period announced by DHS when a country is initially designated or re-designated. Missing the registration period can result in ineligibility for TPS. USCIS publishes registration periods in the Federal Register and on the USCIS website.
TPS beneficiaries receive Employment Authorization Documents (EADs) that allow work for any employer in the United States. The EAD for TPS holders is typically valid for the duration of the TPS designation period. USCIS issues automatic extensions of TPS EADs when re-designation periods are announced, preventing gaps in work authorization.
Advance parole (Form I-131) is required for TPS holders who wish to travel outside the United States. Without advance parole, departing the US can result in loss of TPS status, loss of continuous presence, and potential inability to re-enter. Advance parole requests for TPS holders are adjudicated by USCIS and may be granted or denied based on the humanitarian, educational, or employment reasons stated.
An important legal development: TPS holders who departed and re-entered with advance parole may have 'made an admission' under INA 245(a), potentially making them eligible to adjust status to permanent resident through a family or employment sponsor, even if they originally entered without inspection. This legal theory was contested in federal courts, with different circuits reaching different conclusions.
Social Security numbers: TPS beneficiaries with EADs are eligible for Social Security numbers and can access the same tax and benefit systems as other work-authorized individuals. They pay the same FICA taxes as other workers and accrue Social Security credits during their TPS employment.
TPS alone does not lead to permanent residence. However, TPS beneficiaries may be eligible for other immigration benefits that can lead to a green card: family-based petitions (US citizen or LPR family members can file I-130), employment-based sponsorship (PERM + I-140), VAWA self-petition for abuse victims, or special immigrant juvenile status for certain minors.
The adjustment of status question for TPS holders who entered without inspection is complex and varies by federal circuit. The Ninth Circuit (covering Western US) has generally held that TPS + advance parole can constitute an 'admission' supporting I-485 eligibility. Other circuits are more restrictive. Consult an attorney about adjustment eligibility based on your specific situation and circuit.
For TPS holders from Venezuela, Ukraine, and other recently designated countries, state-level immigration advocacy organizations provide resources on pathways beyond TPS. Some TPS holders may also qualify for asylum or withholding of removal based on individual persecution claims in their home country.
TPS holders who are eligible for a green card based on family or employment sponsorship should pursue it proactively, as TPS can be terminated or not renewed based on changing country conditions. Building a parallel pathway to permanent status provides security that TPS alone cannot guarantee.
Sarah Chen, Immigration Attorney, has over a decade of experience advising employers and foreign nationals on H-1B petitions, green card sponsorship, and US immigration compliance.