Temporary Protected Status (TPS) is a humanitarian immigration benefit that allows nationals of designated countries to live and work legally in the United States when conditions in their home country make safe return impossible. Qualifying conditions include ongoing armed conflict, environmental disasters, or other extraordinary circumstances that the Secretary of Homeland Security has officially determined make deportation temporarily unsafe or unreasonable.

As of 2024, the Department of Homeland Security maintains active TPS designations for 16 countries. These designations are not permanent - each carries a specific expiration date and must be renewed by DHS through a Federal Register notice. Individuals already holding TPS must separately re-register during announced re-registration windows to maintain their protected status and work authorization.

Countries Currently Designated for TPS

The active TPS list includes a mix of long-standing and recently added designations. The countries currently covered are Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen. Designation dates and expiration periods differ significantly across this list - El Salvador has held TPS designation since March 2001, while Ukraine received its designation in April 2022 following the Russian invasion.

Each designation is tied to specific eligibility requirements beyond nationality. To qualify, an individual must have continuously resided in the United States since the specific “continuous residence” date set in the country’s designation notice, and must have been continuously physically present in the United States since the date DHS designated or re-designated the country. Missing these threshold dates bars eligibility regardless of nationality.

Venezuela and Haiti represent two of the largest TPS populations. Venezuela’s initial designation came in March 2021, followed by a second designation in October 2023 that extended coverage to Venezuelans who arrived in the U.S. by July 31, 2023. Haiti’s designation, which dates to the 2010 earthquake and has since been extended and re-designated multiple times, now covers Haitians who were continuously residing in the U.S. as of November 6, 2023, under the most recent re-designation.

The TPS Renewal Process for Designated Countries

DHS renews country designations independently of individual re-registration. When DHS announces an extension or re-designation of a country, it publishes a Federal Register notice specifying the new expiration date, the re-registration window, and any updated continuous residence or physical presence requirements. These notices are the authoritative source for deadline information and applicants should monitor them directly through the Federal Register or the USCIS TPS webpage.

For individuals, maintaining TPS requires filing Form I-821, Application for Temporary Protected Status, during the re-registration period announced in the Federal Register notice. Most TPS holders who want to maintain or renew their Employment Authorization Document (EAD) must also file Form I-765, Application for Employment Authorization, alongside the I-821. Filing fees for Form I-765 currently sit at $520 for applicants between 14 and 65 years of age, though fee waivers are available for those who qualify based on financial hardship using Form I-912.

Re-registration periods typically run for 60 days, though USCIS sometimes accepts late filings with good cause documentation. USCIS automatically issues automatic Employment Authorization Document extensions when TPS designations are extended and individual re-registration applications are pending - these automatic extensions are announced in the Federal Register notice and printed on a specific combination of the EAD card and the Federal Register notice, which together serve as proof of work authorization during the interim period.

Initial TPS Applications vs. Re-Registration

First-time TPS applicants and those re-registering use the same Form I-821 but face different filing windows. An initial registration can only be filed during a specific initial registration period announced by DHS when a country is first designated or re-designated. Outside those initial registration windows, new applications are generally not accepted unless an individual qualifies under a re-designation that expanded the eligible population - as Venezuela’s second designation did in 2023.

The filing fee structure differs between initial and re-registration applications. Initial applicants pay $50 for Form I-821, while re-registrants pay $0 for Form I-821 itself. Both initial and re-registration applicants who want an EAD pay the $520 I-765 filing fee unless they qualify for a waiver. Applicants who are 14 years or older must also pay an $85 biometrics fee, though USCIS has proposed revisions to its fee schedule that could alter these amounts.

Biometrics appointments are required for most TPS applicants aged 14 and older. USCIS will schedule these appointments at an Application Support Center (ASC) after the application is received. Missing a biometrics appointment without rescheduling can result in denial of the TPS application, so applicants who cannot attend their scheduled appointment should contact USCIS promptly to reschedule using the number listed in the appointment notice.

TPS has faced repeated legal challenges over the past several years, creating uncertainty about the long-term status of certain designations. In 2021, the Ninth Circuit Court of Appeals ruled in Bhattarai v. Nielsen that the Trump administration’s termination of TPS for Haiti, El Salvador, Nicaragua, and Sudan was likely unlawful, which contributed to DHS eventually re-designating those countries. The Biden administration extended and re-designated multiple countries, significantly expanding the TPS population.

The Supreme Court addressed a related question in Sanchez v. Mayorkas (2021), ruling unanimously that TPS holders who entered the United States unlawfully are generally not eligible to adjust status to lawful permanent residence through Form I-485 based on TPS alone, because TPS does not constitute an “admission” under the Immigration and Nationality Act. TPS holders seeking a green card typically need an independent basis for adjustment - such as an approved immigrant petition - and many must depart the United States and apply through consular processing if they lack a prior lawful entry.

Litigation over TPS continues to move through federal courts, and designation decisions remain subject to change based on administration priorities and legal rulings. The Federal Register notices for each country’s designation and re-designation contain the controlling legal authority for eligibility and deadlines, and any changes to a designation will be announced there first.

Practical Steps for Current TPS Holders

TPS holders approaching the end of their current authorization period should verify the exact re-registration window for their country by checking the USCIS TPS page at uscis.gov/tps. Each country has its own timeline, and deadlines for El Salvador, Honduras, and Nicaragua differ from those for more recently designated countries like Ukraine and Afghanistan. Missing the re-registration window without a valid reason can result in loss of status.

Filing as early as possible within the re-registration window is advisable. USCIS processing times for TPS applications vary, and while the automatic EAD extension provisions help bridge gaps, having a current EAD on hand simplifies employment verification under Form I-9 requirements. Employers are required to accept the combination of an expiring EAD and the relevant Federal Register notice as valid List A documents during automatic extension periods.

TPS does not provide a direct path to permanent residence, and holders should assess their individual eligibility for other immigration benefits - including family-based petitions, employment-based categories, or DACA if applicable - with qualified legal counsel. Consulting an immigration attorney for your specific situation is strongly recommended before making any decisions about your status.

USCIS currently processes TPS re-registration applications at the USCIS Service Center Operations Directorate, and as of early 2024, processing times for Form I-821 have ranged from 12 to 24 months depending on the country of designation - making timely filing at the start of any re-registration window the single most practical action a TPS holder can take.