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, or two or more misdemeanors committed 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, 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 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.

As of December 1, 2025, the following countries have TPS designation:

• Burma (Myanmar)
• El Salvador
• Ethiopia
• Haiti
• Lebanon
• Somalia
• South Sudan
• Sudan
• Syria
• Ukraine
• Venezuela
• Yemen

This list of countries can change rapidly. Some TPS designations also have different details because of ongoing court cases. The USCIS website has the most 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.

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

The fee to file Form I-821 is $500, plus an additional $30 for the biometrics fee. The total to file is $530. Only the $30 biometrics fee is eligible for a fee waiver. 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 $1070. This is a combination of a $550 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 $1,020. This is a combination of a $550 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 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 letter. The applicant has 30 days to appeal the decision to the USCIS Administrative Appeals Office (AAO).

Even though Venezuela is no longer a TPS country, some former TPS recipients may still have valid work permits. A very small number of people may also still have TPS status. This is because of ongoing legislation fighting the termination of TPS for Venezuelans.

There was a short window where TPS holders could file to renew their TPS and EAD between January 17, 2025 and February 5, 2025. People who received TPS under the 2021 designation and the 2023 designation could file to renew during this window.

If a person filed to renew their TPS and work permit before February 6, 2025, their EAD automatically extended 540 days past the expiration date. The TPS and work permit renewal applications must have a receipt date of February 5, 2025 or earlier. Note: Only work permit validity was automatically extended. A person in this situation no longer has valid TPS status. This means even though they have employment authorization, they do not have protection from deportation.

If a person filed to renew their TPS and work permit and both were approved before February 6, 2025, they have TPS and work authorization until October 2, 2026. There are very few people in this situation. It is unlikely a person would have been able to file their TPS and work permit after January 17, 2025 and have it approved by February 5, 2025. However, these people will have both their work permit and TPS in place, protecting them from deportation.

Keep up with the latest developments on TPS for Venezuelans on the Asylum Seeker Advocacy Project website.