Temporary Protected Status: Eligibility, Benefits, and How to Apply
Temporary Protected Status is a humanitarian program that allows nationals of designated countries to remain in the United States when conditions in their home country make safe return impossible. Armed conflict, environmental disasters, epidemics, and other extraordinary conditions can trigger a TPS designation. For hundreds of thousands of people, TPS has meant the difference between safety and grave danger.
TPS does not lead to permanent residence or citizenship on its own. It is a temporary benefit that must be renewed when the Secretary of Homeland Security determines that the conditions justifying the designation persist. Despite its temporary nature, TPS has provided protection to individuals from over a dozen countries, some of whom have held TPS for decades.
What Is Temporary Protected Status
TPS is authorized by INA section 244. The Secretary of Homeland Security may designate a country for TPS when conditions in the country temporarily prevent its nationals from returning safely or when the country is unable to handle the return of its nationals adequately. The designation is made after consultation with appropriate government agencies.
The President, Congress, and other stakeholders may request a TPS designation, but the Secretary has sole authority to make the determination. The designation lasts for six to eighteen months and can be extended if conditions persist. The Secretary may also terminate a designation if conditions improve.
Country Designations
As of 2025, countries currently designated for TPS include El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, and Yemen. Each country has different designation dates and expiration periods. Some designations have been the subject of extensive litigation, particularly challenges to termination decisions.
The list of designated countries changes over time. New countries may be added when natural disasters or armed conflicts create unsafe conditions. Countries may be removed when conditions improve. The temporary nature of the program means that beneficiaries cannot rely on TPS as a permanent solution.
Eligibility Requirements
TPS eligibility depends on nationality, continuous residence, continuous physical presence, and the absence of disqualifying factors.
Nationality and Residence Requirements
You must be a national of a designated country or a person without nationality who last habitually resided in a designated country. You must have been continuously physically present in the United States since the effective date of the designation. You must also have continuously resided in the United States since the date specified by the Secretary.
The designation notice specifies the dates. For example, the TPS designation for Venezuela requires continuous residence since March 9, 2021, and continuous physical presence since March 9, 2021. Anyone who arrived after these dates is not eligible for TPS under that designation.
Criminal and Other Bars
Certain criminal convictions and other factors disqualify an applicant from TPS. You are ineligible if you have been convicted of any felony or two or more misdemeanors committed in the United States. The definition of misdemeanor for TPS purposes includes offenses for which the maximum penalty is one year or less but more than five days.
Other bars include persecution of others, terrorist activity, and being subject to certain bars to asylum. You must also file the application within the registration period specified in the Federal Register notice. Late initial registration is permitted only in limited circumstances.
Applying for TPS
The TPS application process requires filing Form I-821, Application for Temporary Protected Status, along with supporting documents and the filing fee. You may also file Form I-765, Application for Employment Authorization, which is typically granted alongside TPS.
Initial Registration
Initial registration must occur during the registration period established by the Federal Register notice. The registration period is typically 180 days, though shorter periods apply for some designations. The application must include evidence of nationality and identity, evidence of residence as of the required date, and evidence of continuous physical presence.
The fee for TPS varies by year and by whether the applicant can demonstrate inability to pay. Fee waivers are available for applicants who receive means-tested benefits, have income below 150 percent of the poverty guidelines, or face financial emergency.
Re-registration
TPS beneficiaries must re-register during each re-registration period to maintain their status. Re-registration is not automatic. You must file a new I-821 with the appropriate fee. Missing a re-registration deadline can result in termination of TPS unless you can show good cause for the late filing.
Employment Authorization
TPS beneficiaries receive an employment authorization document valid for the duration of the designation. The EAD allows you to work legally in the United States. USCIS typically extends EAD validity when a TPS designation is extended. Automatic EAD extensions may apply in some cases.
TPS and Travel
TPS beneficiaries may apply for advance parole to travel outside the United States. Advance parole allows you to reenter the United States after international travel. Travel without advance parole can result in abandonment of your TPS application and denial of reentry.
Travel to the home country while holding TPS is possible but risky. The conditions that justified the TPS designation might not prevent your reentry, but traveling to a dangerous country carries obvious risks. Some TPS holders fear traveling home because it undermines their claim of unsafe conditions.
TPS and Employment Rights
TPS beneficiaries have full work authorization during the designated period. The employment authorization document issued with TPS is valid for the duration of the designation and is renewable. TPS holders may work for any employer in any occupation and are protected by federal and state employment laws.
Employers may not discriminate against TPS holders based on their immigration status. The Immigration and Nationality Act’s antidiscrimination provisions prohibit employers from requiring more or different documents from TPS holders than from other work-authorized individuals. TPS holders who experience employment discrimination can file charges with the Department of Justice’s Office of Special Counsel.
Some states extend additional benefits to TPS holders. Several states allow TPS beneficiaries to obtain driver’s licenses, professional licenses, and in-state tuition at public universities. The availability of these benefits varies by state and is subject to change.
TPS and Family Members
TPS does not provide derivative benefits for family members. A spouse or child of a TPS holder cannot obtain TPS solely through the family relationship. Each family member must independently meet the eligibility requirements, including the nationality, continuous residence, and continuous physical presence requirements.
Children born in the United States to TPS holders are U.S. citizens by birth and do not need TPS. Children born abroad who are nationals of the designated country may be eligible for TPS if they meet the continuous residence and physical presence requirements independently.
Transitioning From TPS to Other Immigration Benefits
TPS does not provide a direct path to permanent residence. However, TPS beneficiaries may qualify for other immigration benefits. Marriage to a U.S. citizen may allow adjustment of status. Employment-based green card options may be available. Some TPS holders may qualify for asylum or withholding of removal.
The Legal Immigration Family Equity Act and subsequent laws have allowed some TPS holders to adjust status despite previous unlawful presence. The key requirement for most adjustment paths is lawful admission or parole, which TPS registration does not provide. A TPS holder who entered without inspection generally cannot adjust status based on a family petition unless they qualify under INA section 245(i).
Frequently Asked Questions
How long does TPS last? Each designation lasts six to eighteen months and can be extended. Some TPS designations have been in effect for over twenty years. The extension schedule depends on conditions in the designated country.
Can I get a green card through TPS? Not directly. TPS is a temporary benefit. However, TPS may provide a pathway to a green card through other mechanisms such as marriage, employment, or other immigration benefits.
What happens if my country’s TPS designation ends? You revert to whatever immigration status you had before TPS. If you have no other lawful status, you may accrue unlawful presence and become subject to removal. Advance planning is essential.
Can I include my family in my TPS application? Your spouse and children may be eligible for TPS if they separately meet the requirements. Derivative TPS does not exist the way derivative asylum does. Each family member must file their own application.
Can TPS holders get a driver’s license? Yes. TPS documentation is accepted for driver’s license applications in all states. The license validity may match the TPS designation period.
Does TPS protect me from removal if I commit a crime? No. TPS does not protect against removal based on criminal grounds committed during or before the TPS period. Certain criminal convictions can result in the termination of TPS and placement in removal proceedings.
Can I travel while my TPS application is pending? You should not travel outside the United States while your TPS application is pending unless you have obtained advance parole. Travel without advance parole may be considered abandonment of your application.
Asylum Law Guide — Refugee Status Guide — Immigrant Rights Guide