The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.
You are a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country
You file during the open initial registration or re-registration period, or meet requirements for late initial filing
You have been continuously physically present (CPP) in the United States since the effective date of the most recent designation
You have been continuously residing (CR) in the United States since the date specified for your country
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Regulatory Criteria
What is TPS?
The Secretary of Homeland Security may designate a country for TPS due to temporary conditions that prevent nationals from returning safely.
Examples
Ongoing armed conflict (such as civil war)
An environmental disaster (such as earthquake or hurricane), or an epidemic
Other extraordinary and temporary conditions
TPS is a temporary benefit that does not lead to lawful permanent resident status
An individual with TPS cannot be detained by DHS on the basis of immigration status
Benefits of TPS
During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS receive certain protections.
Examples
Not removable from the United States during TPS period
Can obtain an employment authorization document (EAD)
May be granted travel authorization
Cannot be detained by DHS on basis of immigration status
Does not prevent applying for other immigration benefits
Countries Currently Designated for TPS
The following countries currently have TPS designations. Note that designations may be subject to change based on country conditions and government decisions.
Examples
Burma (Myanmar)
El Salvador
Ethiopia
Haiti
Lebanon
Somalia
South Sudan
Sudan
Syria
Ukraine
Venezuela
Yemen
Eligibility Requirements
To be eligible for TPS, you must meet nationality, physical presence, continuous residence, and registration requirements.
Examples
Be a national of a country designated for TPS (or stateless person who last resided there)
File during open initial registration or re-registration period
Have been continuously physically present since designation date
Have been continuously residing in U.S. since date specified for your country
Brief, casual, and innocent departures may be excepted from continuous presence requirement
Bars to TPS Eligibility
Certain conditions may make you ineligible for TPS or cause you to lose your existing TPS status.
Examples
Convicted of any felony or two or more misdemeanors in the United States
Found inadmissible under applicable grounds in INA section 212(a)
Subject to mandatory bars to asylum (including persecution participation or terrorist activity)
Fail to meet continuous physical presence and continuous residence requirements
Fail to meet initial or late initial TPS registration requirements
Fail to re-register for TPS as required without good cause
Forms Required
To register or re-register for TPS, you must file Form I-821 and may file Form I-765 for employment authorization.
Examples
Form I-821, Application for Temporary Protected Status (required)
Form I-765, Application for Employment Authorization (optional, for EAD)
Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)
Forms may be filed online for eligible applicants
Filing I-821 with I-765 may help receive EAD more promptly
Identity and Nationality Evidence
You must demonstrate your identity and that you are a national of a country designated for TPS.
Examples
Primary: Copy of passport
Primary: Birth certificate accompanied by photo identification
Primary: National identity document with photograph and/or fingerprint
Cannot be detained by DHS based on immigration status
Does not prevent applying for other immigration benefits
Can apply for nonimmigrant status or adjustment of status
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Documents Needed
Form I-821, Application for Temporary Protected Status
Form I-765, Application for Employment Authorization (optional)
Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)
Copy of passport
Birth certificate with photo identification
National identity document with photograph/fingerprint
I-94 Arrival/Departure Record
Employment records
Rent receipts, utility bills
School records
Medical records
Attestations from organizations
English translations of foreign documents with translator certification
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Frequently Asked Questions
Does TPS lead to a Green Card?
TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from applying for adjustment of status based on an immigrant petition or any other immigration benefit for which you may be eligible.
Can I work with TPS?
Yes. TPS beneficiaries can obtain an employment authorization document (EAD) by filing Form I-765. You may file Form I-765 with your Form I-821 or separately at a later date.
Can I travel outside the United States with TPS?
You may be granted travel authorization while on TPS. However, you should obtain advance permission before traveling outside the United States. Travel without proper authorization may affect your TPS status.
Do I need to re-register for TPS?
Yes. You must re-register for TPS during each re-registration period to maintain your status. Failure to re-register without good cause may result in loss of TPS benefits.
What happens if TPS is terminated for my country?
When TPS is terminated, beneficiaries are given a period (typically 60 days after Federal Register publication) before TPS benefits end. After termination, you would return to your previous immigration status, unless you have obtained another immigration status.
Can I apply for asylum while on TPS?
Yes. An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum does not affect your ability to register for TPS.
What if I have criminal convictions?
You may not be eligible for TPS if you have been convicted of any felony or two or more misdemeanors committed in the United States. Certain inadmissibility grounds may be waived for humanitarian purposes, family unity, or if it is in the public interest.
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