Immigrants & Immigration

Temporary Protected Status (TPS) allows people from certain countries to live and work in the United States. The Secretary of Homeland Security may designate a foreign country for TPS because of:

• Ongoing civil war or conflict in the country,
• An environmental disaster or an epidemic, or
• Other extraordinary or temporary conditions.

A “designated” country means the country has been selected for temporary protection. If a country is selected, their citizens may be eligible for TPS. Stateless people may be able to receive TPS if they last resided in a TPS country. Additional requirements must be met.

TPS is intended to be temporary, but many TPS holders have held their status for a long time. As long as the Department of Homeland Security (DHS) continues to find their country is unsafe to return to, a person can keep renewing their TPS.

To qualify for TPS, an applicant must:

• Be from a country with a TPS designation,
• Be continuously physically present and residing in the US from the date the designation went into effect, and
• File during their country’s registration or re-registration period. This timeframe is different for every country.

People are not eligible for TPS or eligible to renew their TPS if they:

• Have been convicted of any felony, A serious crime that is punishable by more than one year in prison or two or more misdemeanors committed Includes juveniles in placement in the facility as part of a court order. in the US,
• Are inadmissible or subject to the mandatory bars to asylum, or
• Failed to register or re-register their TPS status in time.

If a person is inadmissible, they can file a Form I-601, Application for Waiver of Grounds of Inadmissibility with their TPS application. If the waiver is granted, and they meet all other requirements, they may be eligible for TPS. Not all inadmissibility grounds are waivable.

Certain inadmissibility grounds do not apply for TPS applicants. These include public charge, unlawful presence in the US, presences without admission or parole, A release from prison. It allows someone to serve time outside of prison as long as they follow certain conditions. previous deportations, and more. If an applicant is inadmissible under these sections, they do not need to file a waiver.

Learn more about waivers for inadmissibility.

TPS recipients:

• Cannot be detained Includes juveniles held prior to a court makes a decision about their case,  awaiting transfer to adult criminal court, or awaiting a hearing or trial in adult criminal court. by US Immigration and Customs Enforcement (ICE),
• Cannot be deported from the US,
• Can apply for employment authorization (EAD or work permit),
• Can apply to get permission to travel outside the US and return to the US, and
• Can still apply for asylum and other immigration benefits while holding TPS status.

Only people physically in the US by a certain date can apply for TPS. There is no pathway to lawful permanent resident (LPR or green card holder) status through TPS. If DHS decides a country is safe to return to, it may terminate TPS status and work authorization for people from those countries. This leads to many challenges for those people.

The list of TPS countries can change rapidly. Learn more about the status of TPS countries. The USCIS website also contains up-to-date information about which countries are currently designated for TPS.

To apply for TPS or re-register, applicants must submit Form I-821, Application for Temporary Protected Status I-821 to USCIS. They can request a work permit at the same time, or later after their TPS has been approved. They can request a work permit by filing Form 1-765, Request for Employment Authorization. If the person is inadmissible, they will need to file a Form I-601, Application for Waiver of Grounds of Inadmissibility with their TPS application. 

The steps for renewing TPS and a work permit are the same as applying. However there is no fee for your I-821 application when renewing. There is a fee for renewing a work permit, unless the applicant qualifies for a fee waiver. A document that lets someone file court papers for free or at a reduced cost.

Learn more about how to apply for TPS and applying for employment authorization.

The fee to file Form I-821 is $510, plus an additional $30 for the biometrics fee. The total to file is $540. Only the $30 biometrics fee is eligible for a fee waiver. A document that lets someone file court papers for free or at a reduced cost. There is no fee to renew TPS using form I-821 only. 

If a person is inadmissible and needs a waiver, the fee to file form Form I-601, Application for Waiver of Grounds of Inadmissibility is $1,050. This fee is waivable for TPS applicants.

The work permit fees are different when filing online and by paper. The cost to file by paper is $1080. This is a combination of a $560 fee and a $520 fee. Only the $520 fee is eligible for a fee waiver.

When filing for a work permit online, the total cost is $1,030. This is a combination of a $560 fee and a $470 fee. These fees are not waivable.

Learn more about fee waivers for immigration.

If USCIS approves their TPS application, they will send the applicant an approval notice with an I-94, Arrival/Departure Record. The I-94 is physical evidence Anything used to show that something is true of a person’s TPS status. If they applied for employment authorization, then they will receive a work permit.

If USCIS denies an application, they will receive a denial When a court rejects or refuses to allow a request; for example, when a judge decides not to grant an attorney's objection. letter. The applicant has 30 days to appeal A request to change a court's decision the decision to the USCIS Administrative Appeals Office (AAO).