Temporary Protected Status (TPS): Who Qualifies

What TPS is — and what it is not

TPS comes from INA § 244, 8 U.S.C. § 1254a. The Secretary of Homeland Security may designate a country for one of three reasons (§ 244(b)(1)):

• Ongoing armed conflict that would pose a serious threat to the personal safety of nationals who return;
• An earthquake, flood, drought, epidemic or other environmental disaster that substantially but temporarily disrupts living conditions, when the country is unable to handle the return of its nationals and has officially asked for the designation; or
• Extraordinary and temporary conditions that prevent nationals from returning in safety, unless permitting them to stay is contrary to the U.S. national interest.

A designation is published in the Federal Register and lasts at least 6 and at most 18 months (§ 244(b)(2)). While a person holds TPS, DHS “shall not remove” them from the United States and must authorize them to work (§ 244(a)(1)); a TPS holder also may not be detained on the basis of their immigration status (§ 244(d)(4)).

What TPS does not do matters as much. It is not a green card and does not by itself lead to one. It is not an “admission” for green-card purposes (Sanchez v. Mayorkas, discussed below). It does not erase a removal case already pending. And it ends when the country's designation ends, whatever the holder's own situation.

Who qualifies for TPS

Under § 244(c)(1)(A) and 8 C.F.R. § 244.2, an applicant must:

1. be a national of the designated country;
2. have been continuously physically present in the United States since the effective date of the country's most recent designation;
3. have continuously resided in the United States since the date set in the Federal Register notice;
4. be admissible as an immigrant, with the waivers TPS allows; and
5. register during the registration period the notice announces.

“Brief, casual, and innocent” absences do not break continuous physical presence or residence, whether or not the trip was authorized (§ 244(c)(4)). Presence and residence must be the applicant's own: the Board of Immigration Appeals held that a parent's presence and residence cannot be imputed to a child (Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014)).

Inadmissibility and waivers

Two grounds of inadmissibility do not apply to TPS at all: lacking a labor certification (INA § 212(a)(5)) and lacking an immigrant visa (§ 212(a)(7)(A)) (§ 244(c)(2)(A); 8 C.F.R. § 244.3). Most other grounds — including entry without inspection — can be waived “for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.” Some cannot be waived: the criminal grounds of § 212(a)(2)(A) and (B) (crimes involving moral turpitude, controlled-substance violations, multiple convictions), the drug-trafficking ground of § 212(a)(2)(C) except as it relates to a single offense of simple possession of 30 grams or less of marijuana, and the security and terrorism grounds of § 212(a)(3)(A), (B), (C) and (E) (§ 244(c)(2)(A)).

The bars

A person is ineligible if they have been convicted of any felony or two or more misdemeanors committed in the United States, or if they fall under an asylum bar of INA § 208(b)(2)(A) — persecution of others, a particularly serious crime, a serious nonpolitical crime abroad, a danger to security, terrorism or firm resettlement (§ 244(c)(2)(B); 8 C.F.R. § 244.4). For TPS, a “felony” is a crime punishable by more than one year; an offense the state classifies as a misdemeanor with a sentence of one year or less counts as a misdemeanor (8 C.F.R. § 244.1).

Late initial registration

Someone who missed the first registration period may register during a later extension only in listed situations — for example, if during the initial period they held a nonimmigrant status, had a pending application for asylum, adjustment or other relief, were a parolee, or were the spouse or child of a person eligible for TPS — and must file within 60 days after that situation ends (8 C.F.R. § 244.2(f)(2), (g)). A late registrant must still meet every other requirement, including nationality of the designated country (Matter of Echeverria, 25 I&N Dec. 512 (BIA 2011)).

How to apply, re-register and what it costs

TPS is requested on Form I-821, Application for Temporary Protected Status (edition 01/20/25), filed on paper or online during the registration period in the country's Federal Register notice. Evidence of identity and nationality (a passport, a birth certificate with photo identification, or a national identity document) and of the dates of arrival and residence (pay, rent, utility, school and medical records, among others) is described in 8 C.F.R. § 244.9.

Fees under the USCIS fee schedule, Form G-1055, edition 09/09/26:

• I-821, initial registration: $520 for filings postmarked on or after October 16, 2026 ($510 before), plus a $30 biometric services fee. The TPS fee was raised by the 2025 reconciliation law, H.R. 1 (Pub. L. 119-21, § 100006), which caps it at $500 adjusted for inflation ($510 from January 1, 2026, per 90 FR 52693; $520 from October 16, 2026, per 91 FR 62540) and says it “shall not be waived or reduced.” Only the $30 biometric fee can be waived.
• I-821, re-registration: $0, plus the $30 biometric fee.
• Work permit (I-765): see the next section.

TPS must be kept up: a holder re-registers during every re-registration period the Federal Register announces, filing a new I-821 each time — including people who received TPS from an immigration judge or the Board (USCIS TPS page; 8 C.F.R. § 244.17). USCIS may accept a late re-registration for good cause. Failing to re-register without good cause is a ground for withdrawal of TPS (§ 244(c)(3)(C); 8 C.F.R. § 244.14).

If USCIS denies the application, the applicant can appeal to the Administrative Appeals Office — unless USCIS also issues a Notice to Appear, in which case the path is a new decision by an immigration judge (8 C.F.R. § 244.10; see the court section below).

Work permits and travel

Employment authorization

TPS holders work under category (a)(12), and applicants with a prima facie case may receive a permit under (c)(19) while the application is pending (8 C.F.R. § 274a.12). Form I-765 costs $520 on paper or $470 online, plus a separate H.R. 1 fee of $570 for a first TPS work permit ($560 before October 16, 2026) or $280 for a renewal; neither H.R. 1 fee can be waived (G-1055, edition 10/16/26).

Since H.R. 1, a TPS work permit is valid for one year or the remaining length of the country's designation, whichever is shorter (Pub. L. 119-21, §§ 100003(c), 100012; 8 C.F.R. § 244.12(a), as amended by 91 FR 22952 (Apr. 29, 2026)). The automatic extension of up to 540 days for a timely renewal now applies only to renewals filed before October 30, 2025; for later renewals, a TPS work permit is extended only when a Federal Register notice or the law provides it (8 C.F.R. § 274a.13(d)–(e); DHS made that rule final on October 14, 2026, 91 FR 65306). Check the country page for any extension notice before relying on an expired card.

Travel abroad

TPS is not permission to travel. A holder may travel only with prior consent (§ 244(f)(3); 8 C.F.R. § 244.15), requested on Form I-131 as a TPS travel authorization ($630 on paper, $580 online). An approved request produces a Form I-512T, and on return CBP admits the traveler into TPS (USCIS TPS page). Leaving without authorization can cost the person their TPS. Travel has green-card consequences, good and bad, explained in the last section — and anyone with an old removal order or unlawful presence from before TPS should get advice before any trip.

Which countries have TPS (as of October 19, 2026)

Country designations change often, so this section is dated. Always confirm on the USCIS TPS page and the country page before acting. On October 19, 2026, USCIS lists five countries as designated:

• El Salvador — the designation ran through September 9, 2026 (90 FR 5953). USCIS says an announcement “will be made at the appropriate time” and that until then Salvadoran TPS holders retain protection, including work authorization (El Salvador page).
• Lebanon — extended through November 27, 2026 by 91 FR 32069 (May 29, 2026), an automatic six-month extension because no decision was made 60 days before the old end date; work permits marked May 27, 2026 are valid through November 27, 2026 (Lebanon page).
• Sudan and Ukraine — the designations ran through October 19, 2026 (90 FR 5944; 90 FR 5936). No extension or termination notice had been published as of October 19, 2026; USCIS says an announcement on each “will be made at the appropriate time” and that until then Sudanese and Ukrainian TPS holders retain protection, including work authorization (USCIS TPS page, updated October 19, 2026; Sudan page; Ukraine page).
• Venezuela — both designations are terminated. The 2021 designation ended November 7, 2025 (90 FR 43225). The 2023 designation was terminated (90 FR 9040), and the Supreme Court let the termination take effect on October 3, 2025. Under a May 30, 2025 federal court order, certain work permits, I-797 notices and I-94s dated October 2, 2026 and issued on or before February 5, 2025 remained valid only through October 2, 2026, and have now expired (Venezuela page).

USCIS lists these designations as terminated, with the end dates it gives: Afghanistan (July 2025), Cameroon (August 2025), Nepal (August 5, 2025), Honduras and Nicaragua (September 8, 2025), Haiti and Syria (July 27, 2026), Yemen (July 20, 2026), Burma and South Sudan (August 7, 2026), Somalia (August 14, 2026) and Ethiopia (August 18, 2026). For several of them the Federal Register termination notice named an earlier date — for example, February 3, 2026 for Haiti (90 FR 54733) and May 4, 2026 for Yemen (91 FR 10402) — and court orders postponed the end; the dates above are the ones USCIS now applies (Haiti page). For Honduras, Nepal and Nicaragua, a December 31, 2025 district court order setting aside the terminations was stayed by the Ninth Circuit on February 9, 2026 (Honduras page).

Our news desk follows each country: see the Lebanon extension, the 2025–2026 terminations and the TPS termination hub.

Terminations and the Supreme Court: Mullin v. Doe

At least 60 days before a designation ends, the Secretary must review conditions in the country and decide whether they still meet the statute. A termination cannot take effect earlier than 60 days after its Federal Register notice, or the end of the current period if that is later. If the Secretary does not make the determination, the designation is automatically extended for six months (or 12 or 18 at the Secretary's discretion) (§ 244(b)(3)). That is how Lebanon was extended in 2026.

The statute also says: “There is no judicial review of any determination … with respect to the designation, or termination or extension of a designation” (§ 244(b)(5)(A)). In Mullin v. Doe, No. 25-1083 (U.S. June 25, 2026), decided with the Haiti case Trump v. Miot, the Supreme Court held 6–3 that this provision bars court review of non-constitutional challenges — including Administrative Procedure Act and procedural claims — to the terminations of TPS for Syria and Haiti, and found the Haitian plaintiffs' equal-protection claim unlikely to succeed. It reversed the orders that had postponed those terminations. The Court did not decide whether constitutional claims can ever be heard; that part of the opinion drew only four votes.

A second case, Mullin v. National TPS Alliance, No. 26-48 — the government's petition on the Venezuela termination and the partial vacatur of TPS for Haiti — was decided on October 5, 2026: the Court granted the petition, vacated the lower-court judgment and sent the case back “for further consideration in light of Mullin v. Doe, 609 U.S. 324 (2026).” After Mullin v. Doe, the practical lesson is that a termination is unlikely to be stopped in court, so TPS holders should plan for the end date now. The TPS termination explainer walks through the process.

TPS in immigration court

This is where TPS cases are often won or lost, and where USCIS-centered guides stop. The statute says the administrative procedure “shall not prevent an alien from asserting protection under this section in removal proceedings” (§ 244(b)(5)(B)), and a person in proceedings must be told about TPS when their country is designated (§ 244(a)(3)).

• A new decision by the judge. If USCIS denies TPS and places the person in removal proceedings, the person has a right to a de novo determination of TPS eligibility by the immigration judge; the Board of Immigration Appeals is the only administrative appeal (8 C.F.R. § 1244.18; 8 C.F.R. § 244.10). The application can also be renewed before the judge (8 C.F.R. § 1244.11), and the judge's decision can be appealed to the Board. The Board has held that a person can seek TPS in court even after an administrative denial, whether or not all DHS appeals were used (Matter of Barrientos, 24 I&N Dec. 100 (BIA 2007); Matter of Lopez-Aldana, 25 I&N Dec. 49 (BIA 2009)).
• Evidence. The judge may require DHS to produce the USCIS file (Matter of Henriquez Rivera, 25 I&N Dec. 575 (BIA 2011)) and may consider any material and relevant evidence on eligibility (Matter of Figueroa, 25 I&N Dec. 596 (BIA 2011)).
• A grant does not end the case. TPS lets a person remain and work temporarily; it is not proper to terminate removal proceedings because TPS was granted (Matter of Sosa Ventura, 25 I&N Dec. 391 (BIA 2010)).
• A pending application rarely pauses the case. In Matter of B-N-K-, 29 I&N Dec. 96 (BIA 2025), the Board held that a pending TPS application generally will not warrant administrative closure: TPS is a collateral benefit, and the person would remain eligible for TPS even with a final order of removal. While TPS is in effect, DHS may not carry out removal (§ 244(a)(1)(A)).
• Other relief still matters. Because TPS can end, it is usually wise to pursue any lasting relief — asylum, cancellation of removal, adjustment of status — in the same case. The removal proceedings guide explains the court timeline, and removal defense covers the forms of relief.

If your TPS was denied or withdrawn, or is ending for your country, see our TPS lawyer page. For the immigration-court side of a TPS case, see our deportation defense lawyer page; to appeal a removal order or reopen a case, see our immigration appeals lawyer page.

When TPS ends

When a designation is terminated, TPS ends automatically on the effective date, “without further notice or right of appeal” (8 C.F.R. § 244.19). The termination notices say former holders return to the immigration status they had before TPS, if it is still valid, or to any other status they lawfully obtained meanwhile (for example, 91 FR 10402). For most, that means no status at all.

• Unlawful presence resumes. USCIS treats time in TPS as a period of authorized stay — from a prima facie filing if the application is approved — but when TPS ends, unlawful presence starts accruing again, and TPS does not cure unlawful presence from before the grant (AFM 40.9.2, still cited on USCIS's unlawful-presence page). That matters for the three- and ten-year bars.
• Removal is through proceedings. DHS can issue a Notice to Appear, and a judge decides the case. A former TPS holder can raise every defense and form of relief available to anyone else; see removal defense and, for detention, immigration detention.
• Asylum's one-year deadline. Having maintained TPS until a reasonable period before filing is an “extraordinary circumstance” that can excuse a late asylum application (8 C.F.R. § 1208.4(a)(5)(iv)). A former TPS holder who fears return should act quickly; see the asylum guide.
• Old removal orders. A person with an earlier order who held TPS may face that order again when TPS ends. Whether a motion to reopen is possible depends on the case and should be looked at early.

The best time to plan is before the end date, while work permits are still valid and deadlines can be met.

TPS and a green card

TPS is not a path to permanent residence by itself, and Congress made it hard to create one: the statute sets a Senate supermajority rule for any bill adjusting TPS holders (§ 244(h)). But TPS can help in two ways.

“Lawful status” — only while TPS lasts

For adjustment and change of status, a TPS holder “shall be considered as being in, and maintaining, lawful status as a nonimmigrant” (§ 244(f)(4)). USCIS reads this narrowly: the holder is in lawful status only during the period TPS is in effect, and TPS does not cure an earlier failure to keep lawful status (USCIS Policy Manual, Vol. 7, Part B, Ch. 2). Immediate relatives of U.S. citizens are exempt from that lawful-status requirement anyway (INA § 245(c)(2)).

TPS is not an admission — but authorized travel can be

A green card through INA § 245(a) requires that the person was “inspected and admitted or paroled.” In Sanchez v. Mayorkas, 593 U.S. 409 (2021), a unanimous Supreme Court held that a TPS holder who entered unlawfully is not eligible to adjust merely because of TPS; in the Court's words, “Lawful status and admission are distinct concepts.” However, since July 1, 2022 USCIS treats a TPS holder who returns on a TPS travel authorization (I-512T) as “inspected and admitted” for § 245(a), even if they first entered without inspection (PM-602-0188; Policy Manual Vol. 7, Part B, Ch. 2). Travel does not execute an outstanding removal order, according to the same chapter.

Two cautions. First, on August 13, 2026 the Board held that leaving on advance parole is a “departure” that can trigger the three- and ten-year unlawful-presence bars (Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026)). The decision concerned advance parole, not TPS travel, and as of September 27, 2026 USCIS had not said whether it applies to TPS travel authorization. Second, a person with unlawful presence from before TPS is most exposed. The adjustment of status guide explains the rest of the green-card rules, and the TPS explainer gives the basics.

Carlos Maury, a former U.S. Immigration Judge, leads Carlos Maury Law; to talk about TPS, a TPS termination or a TPS case in immigration court, call (213) 769-0050. We speak Spanish.