On April 19, 2021, the U.S. Supreme Court heard oral arguments regarding whether persons who have been granted TPS can adjust their status in the United States. We expect a decision on this case in June.
Temporary Protected Status (TPS) is a form of humanitarian relief which applies to certain nationals of particular countries who were present in the US during a designated period of time.
For example, if there is war or an environmental disaster occurring in your country, the Department of Homeland Security (DHS) may decide to grant certain nationals of your country TPS in the US. On this page, we explain how to get a work card and a travel permit under TPS.
Current beneficiaries under Syria’s TPS designation are eligible to re-register for an extension of their status and have employment authorization through Sept. 30, 2022. The 60-day re-registration period runs from March 19, 2021, through May 18, 2021.
On March 19, 2021, USCIS automatically extended the validity of EADs previously issued under the TPS designation of Syria for 180 days, through Sept. 27, 2021. USCIS will issue new EADs with a Sept. 30, 2022, expiration date to eligible Syrian TPS beneficiaries who timely re-register and apply for EADs during the 60-day re-registration period.
On March 12, 2021, Secretary of Homeland Security Alejandro Mayorkas designated Burma for Temporary Protected Status (TPS).
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Persons granted TPS cannot be deported from the US, are eligible to apply for an EAD work permit and may be granted an Advance Parole travel permit.
On September 14, 2020, the U.S. Court of Appeals for the 9th Circuit issued a decision vacating a district court’s preliminary injunction barring implementation of decisions to terminate Temporary Protected Status (TPS) designations of Sudan, Nicaragua, Haiti, and El Salvador, and remanded, holding that: (1) judicial review of plaintiffs’ claim under the Administrative Procedure Act (APA) is barred by 8 U.S.C. §1254a(b)(5)(A); and (2) Plaintiffs failed to show a likelihood of success, or even serious questions, on the merits of their Equal Protection claim.
Although TPS is a temporary benefit which does not automatically lead to a green card, if you are eligible, you are not prohibited from applying for permanent residence, temporary visa status or any other immigration status.
Here is what the USCIS website says about TPS:
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
The Secretary may designate a country for TPS due to the following temporary conditions in the country:
- Ongoing armed conflict (such as civil war)
- An environmental disaster (such as earthquake or hurricane), or an epidemic
- Other extraordinary and temporary conditions
During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facieeligible):
- Are not removable from the United States
- Can obtain an employment authorization document (EAD)
- May be granted travel authorization
Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.
TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:
- Applying for nonimmigrant status
- Filing for adjustment of status based on an immigrant petition
- Applying for any other immigration benefit or protection for which you may be eligible
PLEASE NOTE: 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 and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS.
Government TPS Resources by Country
- El Salvador
- Sierra Leone
- South Sudan
Temporary Protected Status: Additional Resources
- Temporary Protected Status (TPS) (USCIS)
- Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) – (CLINIC)
- TPS El Salvador EADs Listing a September 9, 2019 Expiration Date Remain Valid through January 2, 2020
Practice Advisories Regarding Temporary Protected Status
- Adjustment of Status for Temporary Protected Status Holders After Matter of Z-R-Z-C- (11-02-20)
- Court Decisions Ensure TPS Holders in Sixth and Ninth Circuits May Become Permanent Residents (09-11-17)
Temporary Protected Status: AAO Decisions
- USCIS Policy Memo: Matter of H-G-G- (Adopted AAO Precedent Decision re: TPS, July 31, 2019)
- AAO Non-Precedent Decisions on Temporary Protected Status
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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