Temporary Protected Status (TPS) is a temporary immigration status granted to nationals of countries designated by the Secretary of Homeland Security as unsafe to return to due to armed conflict, environmental disaster, or other extraordinary conditions.
TPS is not a green card. It does not create a direct path to permanent residence. What it does is provide protection from removal and work authorization for people from designated countries who were already in the US when their country was designated. It is a holding status — a legally durable “stay here, work legally, you cannot be deported to that country” position that lasts as long as the designation does.
The challenge with TPS is that it is political. Administrations add and remove country designations based on their own foreign policy and immigration priorities, and litigation over those decisions is routine. A country that is designated today may not be designated next year.
A note: If you’re worried about encountering US Immigration and Customs Enforcement (ICE) at any point in this process, our Know Your Rights guide covers what to do.
This page covers what TPS actually is, who qualifies, how designations and re-designations work, what TPS does and doesn’t give you, how it compares to asylum, what it costs, and what quietly kills TPS applications.
What TPS actually is
TPS is a temporary immigration status created by the Immigration Act of 1990. It allows nationals of designated countries who are already in the US to remain and work legally while conditions in the home country make return unsafe.
Key features:
- Protection from removal to the designated country.
- Work authorization (Employment Authorization Document, or EAD) for the duration of the TPS designation.
- Eligibility for travel authorization (advance parole) in some circumstances.
- No lottery, no cap, no annual numerical limit.
- Available to applicants in the US regardless of current status — including those out of status, with pending removal proceedings, or with final removal orders (though inadmissibility and crime issues apply).
The limitations:
- Does not provide a direct path to a green card. TPS by itself is a temporary status. Permanent residence requires a separate basis (family petition, employment-based petition, asylum, etc.).
- Designations are temporary and can be terminated. Country designations are reviewed periodically — typically every 6 to 18 months — and may be extended, re-designated, or terminated.
- Only nationals of designated countries can apply. If your country is not currently designated for TPS, you cannot apply, regardless of conditions in your country.
- Strict continuous presence requirements. You must have been in the US on specific dates set by each designation.
- Not available to those with certain criminal convictions or other inadmissibility grounds.
Who qualifies
Five requirements:
1. You are a national of a country designated for TPS (or a person without nationality who last habitually resided in a designated country).
2. You have been continuously physically present in the US since the “continuous physical presence” date set for your country’s designation.
3. You have been continuously residing in the US since the “continuous residence” date set for your country’s designation.
4. You register during an initial registration period or qualify for late initial registration.
5. You are not barred by criminal, security, or other grounds:
- You have not been convicted of a felony or two or more misdemeanors committed in the US
- You are not inadmissible under security-related or terrorism-related grounds
- You are not subject to mandatory bars to asylum
Each country designation has its own specific dates and conditions. Dates for continuous physical presence and continuous residence are usually the same (or close) and are tied to the date of the triggering event (natural disaster, outbreak of conflict, etc.) or the date of US government designation.
How designations work
The Secretary of Homeland Security can designate a country for TPS when:
- Armed conflict poses a serious threat to personal safety for returning nationals, OR
- Environmental disaster (earthquake, hurricane, epidemic, etc.) has substantially disrupted living conditions and the country is temporarily unable to adequately handle the return of nationals, OR
- Extraordinary and temporary conditions prevent nationals from returning safely, as long as it is not contrary to US national interest to permit them to remain temporarily.
How a designation plays out
Initial designation: The Secretary designates a country for a period of 6, 12, or 18 months. During this time, eligible nationals can apply for TPS during an initial registration window.
Re-designation: The Secretary can “re-designate” the country, extending TPS and setting new continuous presence and residence dates. This allows additional nationals who arrived after the original designation (but before the new designation’s cutoff dates) to become newly eligible.
Extension without re-designation: The Secretary can extend an existing designation without re-designating. Current TPS holders can renew their status, but no new applicants become eligible.
Termination: The Secretary can terminate a designation if the conditions in the country no longer meet the TPS criteria. Current TPS holders are given at least 60 days’ notice before termination takes effect.
Currently designated countries
TPS designations change over time, often significantly between administrations. For the current list of designated countries and their specific registration periods, check the official USCIS Temporary Protected Status page at uscis.gov/humanitarian/temporary-protected-status.
Countries that have been designated at various points include Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen. Not all of these are designated at any given time, and the list can change on short notice.
What happens if your country’s designation ends
If a designation is terminated, TPS holders lose their protected status and work authorization at the termination date. Options at that point depend on individual circumstances:
- Having another basis to remain (pending asylum application, approved family petition, employment-based petition, etc.)
- Being eligible for a different humanitarian status
- Having an approved green card application pending adjudication
- Departing voluntarily before the termination date
Litigation has sometimes extended TPS protections after announced terminations, but relying on litigation outcomes is risky. TPS holders whose country is terminated should seek legal advice about alternatives well before the termination date.
What TPS does and doesn’t give you
What TPS does
- Lawful immigration status for the duration of the designation
- Protection from removal to the designated country
- Employment Authorization Document (EAD) valid for the TPS period
- Eligibility to apply for travel authorization (advance parole) under certain circumstances
- Does not accrue unlawful presence during the TPS period
- For some TPS holders, a path to adjustment of status if they qualify for a green card through another basis (though the eligibility rules are technical — see below)
What TPS does not do
- Does not provide a direct path to a green card. TPS by itself does not lead to permanent residence.
- Does not provide a path to US citizenship.
- Does not benefit family members directly. TPS is individual — spouses and children must each qualify separately as nationals of a designated country with continuous presence/residence meeting the requirements.
- Does not permit travel abroad without advance parole. Leaving the US without authorization typically ends TPS status.
- Is not a visa. TPS does not create a visa in your passport.
TPS and adjustment of status: a technical note
TPS holders who later marry a US citizen or otherwise become eligible for a green card may face technical complications in adjusting status. The core issue is that most TPS holders entered the US without inspection, and traditional adjustment of status requires having been “inspected and admitted or paroled.”
However, there have been important developments:
- Within the Sixth and Ninth Circuits (and some other locations), courts have ruled that TPS grant can qualify as an “inspection and admission” for adjustment of status purposes.
- Travel on advance parole granted to TPS holders is generally recognized as a parole that satisfies the adjustment requirement.
- In 2021, USCIS issued policy guidance confirming that TPS holders who travel on advance parole can adjust status, treating the return as an inspection and admission.
The specific rules are technical, change over time, and depend on circuit of residence. TPS holders considering adjustment of status should work with an immigration attorney to determine the right path.
TPS vs asylum
TPS and asylum both protect people from being sent back to dangerous countries, but they are very different.
| TPS | Asylum | |
|---|---|---|
| Based on | Country conditions | Personal persecution |
| Who grants it | Secretary of DHS (country-level) | USCIS or immigration judge (individual) |
| Covers | All nationals of designated country | Specific person meeting persecution standard |
| Direct path to green card | No | Yes (after 1 year) |
| Family members included | No, each must qualify separately | Yes, derivatives available |
| Status duration | Length of designation | Indefinite until adjusted |
| Can be terminated by policy change | Yes | No |
When TPS is right:
- You are a national of a currently designated country
- You meet the continuous presence/residence requirements
- You want a lower-friction protection without needing to prove individual persecution
When asylum is right:
- You have a well-founded fear of persecution based on a protected ground
- You want a direct path to a green card
- Your country is not currently designated for TPS
You can hold both. Filing for asylum does not prevent you from applying for or maintaining TPS. Many TPS holders also file asylum applications when they qualify, because asylum provides a path to permanent residence that TPS alone does not.
See the asylum guide for the asylum pathway.
How to apply
For initial applicants in a current registration period:
- Confirm your country is currently designated and that you are within an active registration window. Check uscis.gov/humanitarian/temporary-protected-status.
- Gather evidence of nationality (passport, birth certificate, national ID), evidence of continuous physical presence and continuous residence in the US (lease agreements, utility bills, employment records, school records, medical records, affidavits), and evidence of identity.
- Complete Form I-821 (Application for Temporary Protected Status). Current filing fee is $50 for initial applications; applicants under 14 pay no fee.
- Complete Form I-765 (Application for Employment Authorization) if you want work authorization. Filing fee is $520 for initial filings but no fee for TPS applicants who are not seeking an EAD.
- Pay the biometrics fee ($30 for applicants 14 and older) and attend the biometrics appointment.
- Receive a decision. Processing time varies but is typically several months.
For TPS re-registration:
Existing TPS holders must re-register during each extension period to maintain status. Re-registration requires:
- Form I-821 (re-registration): typically no fee for re-registration
- Form I-765 (if renewing EAD): $520
For late initial registration:
Some applicants who did not register during the initial window may qualify for late initial registration if they can show good cause and that they meet all other requirements.
What it costs
Government fees for initial application:
- Form I-821: $50 (free for applicants under 14)
- Form I-765 (if seeking EAD): $520 (or free in some circumstances)
- Biometrics: $30 (for applicants 14 and older)
- Total: typically $80–600
Fee waivers available for applicants who demonstrate inability to pay.
Attorney fees: TPS applications are generally less complex than other humanitarian petitions. Attorney fees typically range $500–2,500 for initial applications, less for re-registrations.
How long it takes
Initial application processing: Typically several months, varying by workload and application type.
EAD issuance: Normally issued shortly after TPS approval. In practice, EAD issuance can lag, and many TPS holders rely on automatic extensions during periods of administrative delay.
Validity: TPS is valid for the duration of the designation period (6, 12, or 18 months), and must be re-registered for each extension.
What kills TPS applications
In rough order of frequency:
1. Country not currently designated. The threshold filter. If the applicant’s country is not designated for TPS, no application can succeed.
2. Continuous physical presence problems. Any absence from the US during the required period can disqualify, though brief, casual, and innocent absences may be excused.
3. Continuous residence problems. Similar to physical presence but with a slightly different legal standard. The applicant must have had the US as their place of residence since the specified date.
4. Nationality documentation gaps. Cannot adequately prove nationality of the designated country, especially for applicants without a current passport.
5. Criminal history. Felony conviction, two or more misdemeanor convictions in the US, or certain other criminal grounds.
6. Late filing without good cause. Filed after the registration period without a basis for late initial registration.
For family members
TPS is individual, not family-based. Each person must independently:
- Be a national of the designated country
- Meet the continuous physical presence and continuous residence requirements
- Have been in the US on the required dates
Children born in the US to TPS holders are US citizens by birth and do not need TPS.
Spouses and children who are nationals of the designated country can each apply for TPS independently if they meet all requirements.
Spouses and children who are not nationals of the designated country cannot derive TPS status from a TPS holder. They need their own immigration basis.
Where to go from here
If this is your first time looking at TPS:
- Is your country currently designated for TPS? Check uscis.gov/humanitarian/temporary-protected-status for the current list. Designations change — don’t assume based on past designations.
- Were you in the US on the specific dates set for your country’s designation? The continuous physical presence and continuous residence dates are strict.
- Do you have another basis for permanent residence? TPS is temporary. If you have (or may qualify for) a family petition, employment-based petition, asylum claim, or VAWA petition, pursuing those in parallel is often the right strategy.
- Can you afford the application? The combined fees are modest compared to other immigration applications, and fee waivers are available.
- Have you consulted with an attorney about adjustment of status implications? TPS holders who may eventually qualify for a green card should get legal advice about the technical rules on inspection, admission, and parole before taking any action that could affect eligibility.
TPS is one of the most practical immigration protections in US law for the people who qualify. It is also one of the most politically volatile — designations can be terminated with limited notice, and the status itself provides no permanent protection. For nationals of currently designated countries who are already in the US and eligible, applying for TPS is almost always worthwhile for the immediate work authorization and protection from removal. For long-term planning, TPS should always be paired with other immigration strategy — the long-term goal is usually to use the time TPS buys to pursue a permanent status.
Legal aid resources
Many organizations help TPS applicants, especially during initial registration periods:
- Immigration Advocates Network maintains a national directory of free and low-cost immigration legal services.
- Immigration Law Help is a searchable directory of nonprofit immigration legal services organizations.
- Catholic Charities has immigration programs in many dioceses that handle TPS cases.
- CLINIC (Catholic Legal Immigration Network) has a national network of affiliated legal programs.
- CARECEN (Central American Resource Center) serves Central American immigrants, including Salvadoran, Honduran, and Guatemalan nationals.
- Haitian Bridge Alliance supports Haitian immigrants.
- Country-specific community organizations often have legal programs or referral networks for nationals of their communities.
The Beyond the Form TPS Playbook (coming soon) walks through every strategic decision point — how to document continuous physical presence and residence, how to handle criminal history concerns, how to coordinate TPS with asylum or VAWA, how to navigate the adjustment of status complexities, and how to plan for the possibility of termination. If you want to be notified when it launches, sign up below.