The secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS) due to an ongoing armed conflict (such as civil war), an environmental disaster (such as earthquake or hurricane) or an epidemic, or another extraordinary and temporary condition in the country.
Who is eligible?
USCIS may grant TPS to eligible aliens of certain countries (or parts of certain countries) who are already in the United States. Eligible individuals without nationality who last habitually resided in the designated country may also be granted TPS.
TPS is a temporary benefit that does not lead to lawful permanent resident status or any other immigration status. However, individuals who are TPS beneficiaries during a designated period:
- Are not removable from the United States.
- Are authorized to work and can obtain an Employment Authorization Document (EAD).
- May be granted travel authorization.Once granted TPS, you cannot be detained by DHS on the basis of your immigration status in the United States.You may be eligible for TPS if you:
- Are a national of a country designated for TPS, or you have no nationality but last habitually resided in the designated country.
- Have been continuously physically present in the United States since the effective date of the most recent TPS designation for your country.
- Have been continuously residing in the United States since the date specified for your country (see below).
- Filed your application for TPS during the open initial registration period or you meet the requirements for late initial filing during any extension of your country’s TPS designation.
- Have not been convicted of any felony or two or more misdemeanors committed in the United States.
- Are not found inadmissible as an immigrant.For a complete list of eligibility requirements and the countries currently designated for TPS, go to the TPS page
- Note: Applying for TPS does not prevent you from applying for nonimmigrant status, adjustment of status, or applying for any other immigration benefit or protection provided that you are eligible.
To be granted any other immigration benefit you must still meet all the eligibility requirements for that particular benefit. An application for TPS does not affect an application for asylum or any other immigration benefit. Being denied for an application for asylum or any other immigration benefit also does not affect your ability to apply for TPS, although the grounds of that denial may also lead to denial of TPS if relevant to the TPS eligibility requirements.
How to Apply
To apply for Temporary Protected Status, you must:
- Complete Form I-821, Application for Temporary Protected Status. Review the form instructions for directions on completing the Form I-821.
- Submit the Filing Fee(s). Include the appropriate filing fee with your Form I-821 and the biometrics services fee, if applicable to you. If you are requesting an EAD, also include the filing fee for your Form I-765, Application for Employment Authorization. See the form instructions for additional information on fees and fee waivers.
- Complete a Form I-765. You must also submit a Form I-765, Application for Employment Authorization with you application for initial TPS, even if you are not requesting an EAD. See the form instructions for additional information.
- Submit evidence. Include all required initial evidence and supporting documentation for the Form I-821 and Form I-765. You also must submit:
- Identity and Nationality Evidence to establish your identity and show that you are a national of a country designated for TPS (or that you have no nationality and you last habitually resided in a country designated for TPS). Please see Form I-821 instructions and your country’s TPS webpage for detailed information on the types of documentation required.
- Date of Entry Evidence to show when you entered the United States.
- Continuously Residing (CR) and Continuously Physically Present (CPP) Evidence to demonstrate that you have been residing in the United States since the CR date specified for your country and that you have been continuously physically present in the United States since the CPP date specified for your country. (See your country’s TPS Web page).
- Sign and File Form I-821 and Form I-765. File your applications at the correct filing location according to the Form I-821 and Form I-765 instructions.
See the USCIS TPS page for instructions about late re‑registration and late initial filing for TPS.
What Happens After You Apply
Once USCIS receives your Form I-765 and Form I-821, we will process your application and then you will receive:
- A receipt notice saying we received your applications.
- A notice for your biometrics appointment date (if applicable).
- An Employment Authorization Document (EAD), if you requested and paid for one (or were granted a fee waiver) and USCIS has determined that you appear to be eligible for TPS upon the agency’s initial review of your TPS application. (This is called “prima facie review” for purposes of issuing you a temporary EAD, but it is not the final decision on your TPS application).
- A Request for Evidence, if USCIS finds that more information is needed to make a decision on your TPS application.
- Either a written notice of approval or a notice of USCIS’ intent to deny your TPS application.