TPS Comprehensive Guide
Temporary Protected Status (TPS) is granted to eligible nationals of designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions. This guide covers the 2026 landscape of TPS designations and requirements.
Current Designations (March 2026)
Active and Court-Protected Countries
| Country | Designation Status | Expiration Date | Notes |
|---|---|---|---|
| El Salvador | Active | September 9, 2026 | |
| Haiti | Court-protected | February 3, 2026 | Termination stayed (D.D.C.) |
| Honduras | Court-protected | September 8, 2025 | Terminated; vacatur stayed (9th Cir.) |
| Lebanon | Active | May 27, 2026 | |
| Nepal | Court-protected | August 5, 2025 | Terminated; vacatur stayed (9th Cir.) |
| Nicaragua | Court-protected | September 8, 2025 | Terminated; vacatur stayed (9th Cir.) |
| Somalia | Court-protected | March 17, 2026 | Termination stayed (D. Mass.) |
| South Sudan | Court-protected | January 5, 2026 | Termination stayed (D. Mass.) |
| Sudan | Active | October 19, 2026 | |
| Syria | Court-protected | November 21, 2025 | Termination paused by court |
| Ukraine | Active | October 19, 2026 | |
| Venezuela | Mixed | October 2, 2026 | 2023 cohorts active; 2021 cohort terminated |
| Yemen | Active | May 4, 2026 | Ending May 4, 2026 |
| Burma (Myanmar) | Court-protected | January 26, 2026 | Termination postponed (N.D. Ill.) |
| Ethiopia | Court-protected | February 13, 2026 | Termination stayed (D. Mass.) |
What TPS Provides
Benefits
| Benefit | Details |
|---|---|
| Protection from removal | Cannot be deported while TPS active |
| Work authorization | Employment Authorization Document (EAD) |
| Travel authorization | Form I-512T for international travel |
| Driver's license | Eligible in all states |
What TPS Does NOT Provide
| NOT Included | Explanation |
|---|---|
| Permanent status | TPS is temporary |
| Direct path to green card | Must qualify through other means |
| "Admission" for EWI holders | Sanchez v. Mayorkas ruling |
| Public benefits | Ineligible for most federal benefits |
Eligibility Requirements
General Requirements
| Requirement | Details |
|---|---|
| Nationality | National of designated country |
| Physical presence | In U.S. on designation date |
| Continuous residence | Since date specified for country |
| Timely registration | During 60-day registration window |
Criminal Bars
| Conviction | Effect |
|---|---|
| Any felony | Statutorily ineligible |
| Two or more misdemeanors | Statutorily ineligible |
| Certain inadmissibility grounds | May require waiver |
Inadmissibility Waivers
Concurrent Form I-601 can waive certain grounds:
- Health-related grounds
- Some criminal grounds
- Unlawful presence (for TPS purposes)
Registration and Renewal
Registration Windows
TPS registration occurs during strictly defined 60-day windows published in the Federal Register.
| Phase | Action Required |
|---|---|
| Initial registration | File during designation window |
| Re-registration | File during each re-registration period |
| Continuous residence | Maintain since required date |
Missing the Deadline
| Scenario | Consequence |
|---|---|
| Missed without good cause | TPS status withdrawn |
| Work authorization | Lost |
| "Good cause" exception | Must demonstrate compelling reason |
Good cause examples:
- Severe medical emergency
- Natural disaster
- Administrative error by USCIS
- Military deployment
Late Filing
USCIS accepts late re-registration with good cause documentation:
- Medical records
- Hospitalization proof
- Other compelling evidence
- Detailed explanation letter
2026 Fees
Current Fee Structure (Effective January 1, 2026)
| Form | Purpose | Fee |
|---|---|---|
| I-821 (Initial) | TPS application | $510 |
| I-821 (Re-registration) | Renewal | $0 |
| I-765 (Initial EAD) | Work authorization | $560 |
| I-765 (Renewal EAD) | EAD renewal | $280 |
| I-131 (Travel) | Advance parole | Varies |
| Biometrics | Fingerprinting | $85 |
Fee Waivers
Fee waivers available for:
- Financial hardship (Form I-912)
- Income below 150% poverty level
- Government benefits recipients
Work Authorization
EAD Details
| Feature | Details |
|---|---|
| Category code | A-12 or C-19 |
| Validity | Matches TPS designation period |
| Automatic extensions | Available in many cases |
Automatic Extensions
When USCIS extends TPS and announces automatic EAD extensions:
| What's Extended | Duration |
|---|---|
| EAD validity | Up to 540 days past printed date |
| Based on | Federal Register Notice |
| Documentation | I-797C receipt notice |
I-9 Reverification
To continue working during automatic extension:
- Provide employer with I-797C receipt notice
- Reference Federal Register Notice
- Employer updates I-9 with extension information
Travel Authorization
Form I-512T
TPS holders can obtain travel authorization to leave and return to the U.S.
| Feature | Details |
|---|---|
| Form | I-512T (TPS travel document) |
| Purpose | Authorized departure and return |
| Critical benefit | Creates "admission" upon return |
Why Travel Matters: Adjustment of Status
The Supreme Court ruled in Sanchez v. Mayorkas (2021) that TPS does not constitute an admission for adjustment purposes.
| Entry Type | Can Adjust Domestically? |
|---|---|
| Entered with visa | Yes |
| Entered without inspection (EWI) | No - unless create admission |
| EWI + TPS travel + return | Yes - travel creates admission |
Matter of Arrabally and Yerrabelly
TPS holders who travel internationally and return using I-512T are deemed "inspected and admitted." This:
- Satisfies INA ยง 245(a) requirements
- Allows domestic adjustment of status
- Avoids triggering unlawful presence bars
Travel Risks
| Risk | Details |
|---|---|
| Other inadmissibility grounds | Travel doesn't forgive all grounds |
| Multiple unlawful entries | May trigger permanent bar |
| Criminal issues | May face problems at port of entry |
Transitioning from TPS
When TPS Ends
| Scenario | Options |
|---|---|
| Designation terminated | Seek other relief or depart |
| Wind-down period | Usually 6-18 months |
| Court stays | Continue status during litigation |
Green Card Pathways
| Pathway | Requirements |
|---|---|
| Family-based | USC/LPR spouse, parent, or adult child |
| Employment-based | Employer sponsorship, labor certification |
| Diversity Visa | Lottery if from eligible country |
| Asylum | Fear of persecution |
| U-visa | Crime victim, cooperation |
Adjustment of Status Requirements
| Requirement | How TPS Holders Qualify |
|---|---|
| Inspected and admitted | Travel with I-512T and return |
| Immediately available visa | Approved petition, current priority date |
| Admissible | No bars, or waiver approved |
For Those Who Entered Without Inspection
| Step | Action |
|---|---|
| 1 | Obtain approved immigrant petition (I-130, etc.) |
| 2 | Apply for and receive I-512T travel document |
| 3 | Travel internationally and return |
| 4 | Return creates "admission" |
| 5 | File I-485 adjustment of status |
Caution: Travel doesn't forgive other inadmissibility grounds. Consult attorney before traveling.
Court Challenges and Stays
Current Injunctions
Multiple federal courts have issued stays preventing TPS terminations:
| Court | Countries Covered |
|---|---|
| Ninth Circuit | Honduras, Nepal, Nicaragua |
| D.D.C. | Haiti |
| D. Mass. | Somalia, South Sudan, Ethiopia |
| N.D. Ill. | Burma |
What Stays Mean
| Status | Effect |
|---|---|
| Stay in effect | TPS continues; can re-register |
| Stay lifted | Termination proceeds |
| Wind-down period | Time to depart or find alternative |
Preparing for TPS Termination
Documentation to Organize
- [ ] All I-797 approval notices
- [ ] EADs (current and past)
- [ ] Travel documents (I-512T)
- [ ] Tax returns
- [ ] Employment records
- [ ] Proof of continuous residence
- [ ] Evidence for alternative relief
Explore Alternative Relief
| Relief | Eligibility |
|---|---|
| Family petition | USC/LPR family member sponsor |
| Asylum | Fear of persecution in home country |
| U-visa | Crime victim |
| VAWA | Domestic violence victim |
| Cancellation of removal | 10 years presence, hardship |
Resources
Registration Assistance
| Organization | Services |
|---|---|
| CLINIC | TPS registration support |
| Local legal aid | Case assistance |
| Community organizations | Fee assistance, form help |
Country-Specific Resources
| Country | Organizations |
|---|---|
| El Salvador | CARECEN, Salvadoran American organizations |
| Haiti | Haitian Bridge Alliance |
| Honduras | Honduran advocacy groups |
| Venezuela | Venezuelan American organizations |
Related Resources
Last updated: March 24, 2026