Temporary Protected Status (TPS): Who Is Eligible?

When certain types of emergencies arise in another country , the U.S. Department of Homeland Security can designate that country's citizens, if they are already present in United States, as eligible for "Temporary Protected Status" (TPS).

TPS is a temporary designation that allows its beneficiaries to live and work in the United States and travel in and out for the duration of the emergency without fear of being placed into removal proceedings. This is true whether you entered illegally or overstayed a visa or other permitted form of entry.

The U.S. usually authorizes TPS in situations of upheaval due to natural disasters (such as hurricanes or earthquakes), an outbreak of disease, or armed conflicts that have made it unsafe to return. It has a history of extending these designations multiple times, though the Trump administration is trying to reverse course on this, seeking to end some designations early and possibly cease use of the TPS program entirely.

Which Countries Are Eligible for TPS

To see whether your country is on the list of TPS designees, as well as the valid registration periods, you can visit the Temporary Protected Status page of the United States Citizenship and Immigration Services (USCIS) website. As of early 2025, the following nations are designated for TPS:

• Afghanistan (May 20, 2025 then terminated, with a 60-day transition period until July 14, 2025; this includes automatic extension of employment authorization through July 14)
• Burma (Myanmar) (through November 25, 2025)
• Cameroon (terminates on August 3, 2025)
• El Salvador (through September 9, 2026)
• Ethiopia (through December 12, 2025)
• Haiti (Biden had extended it through February 3, 2026, Trump tried to take it back to August 3, 2025 while leaving reregistration open for first-time applicants, then a federal judge blocked the Trump move in July 2025, bringing back the February 3, 2026 expiration date; keep an eye on this, as appeals by the U.S. government are pending)
• Honduras (through September 8, 2025)
• Lebanon (through May 27, 2026)
• Nepal (through August 5, 2025)
• Nicaragua (through September 8, 2025)
• Somalia (through March 17, 2026)
• Sudan (through October 19, 2026)
• South Sudan (through November 3, 2025)
• Syria (through September 30, 2025)
• Ukraine (through October 19, 2026)
• Venezuela (IN FLUX: The Trump administration is attempting to rescind Biden's two TPS designations, one issued in 2021, one issued in 2023. The Supreme Court ruled in May of 2025 that it can rescind the 2023 designation, including denying future applications for work authorization and changes of legal status, but that it cannot invalidate already-issued work authorizations with October 2026 expiration dates. This Supreme Court decision does not affect the 2021 TPS designation, which is in effect thru September 10 of 2025. The litigation is ongoing, so consider the matter unresolved at this time.)
• Yemen (through March 3, 2026).

Additional Eligibility Requirements for TPS

It is not enough to merely be a citizen of a designated nation to be eligible for TPS. You must submit an application to USCIS within the advertised initial or late registration periods and meet a number of other eligibility requirements:

• Physical presence in the United States: You must have been continuously physically present in the U.S. since the effective date upon which your country was designated or re-designated for TPS. This means that other than "brief, casual, and innocent" travel outside the U.S. (a short trip to Canada or Mexico, for example), you have remained in the United States.
• Continuous residence in the United States: Likewise, you must have continuously resided in the United States from the date USCIS specified your country, usually a few months or days prior to the effective date. The same travel limitations from the physical presence requirement apply here.
• No serious criminal record: If you have been convicted of a felony or two or more misdemeanors in the United States, you will be ineligible for TPS benefits or renewal.
• Not otherwise inadmissible: If you are match one of the grounds of "inadmissibility" to the U.S., you will not be eligible to file for TPS unless a waiver is available and you file a Form I-601 along with your TPS application. Examples of grounds of inadmissibility include criminal convictions, immigration violations, and medical issues. For more on inadmissibility and waivers, see Inadmissibility: When the U.S. Can Keep You Out. There are exceptions, however. TPS applicants need not worry about the public charge ground of inadmissibility, nor of lacking immigration documents showing that their entry or stay was permitted (in other words, illegal entry is okay).
• Not subject to the asylum bars: Although TPS differs from asylum in a number of ways, USCIS treats the two the same when it comes to the mandatory bars to eligibility. Therefore, if you have firmly resettled in a third country, persecuted others in your home country, been convicted of a serious crime, or pose a national security threat, you will not be eligible for TPS. To learn more, see Bars to Receiving Asylum or Refugee Status.

Each member of a family, such as spouse or children, will need to meet these criteria individually and submit their own I-821 application. In legalese, this means there are no "derivatives" allowed when someone obtains TPS status.

Should I Apply for Asylum or TPS?

If your native country has been designated a TPS nation because of violent conflict or political turmoil, you might have a basis upon which to apply for asylum. So if you have been persecuted or have a credible fear of persecution based on your race, religion, nationality, membership in a particular social group or political opinion, applying for asylum might, in the long-term, be a better option than applying for TPS.

However, if you need to work immediately, you should first apply for TPS, as you likely won't be able to get a work permit for a long time after submitting your asylum application. For more on applying for asylum, see Asylum & Refugee Status.

Something else to consider is the risk of submitting any of these types of immigration applications. Doing so will alert U.S. immigration authorities to your presence here, in an era when immigration crackdowns appear to be the order of the day. You will be asked for your home address and, if and when you move, be expected to update that address. If you already have an immigration-related case awaiting action either in immigration court, before the asylum office, or something similar, then the U.S. government already knows where you are. Thus you would not be taking any new risks by applying for some other immigration benefit such as TPS.

Next Steps If You Are Eligible for TPS

If you wish to apply for TPS, the process involves filling out Form I-821 and submitting it to USCIS along with Form I-765 and associated fees if you are interested in employment authorization. A filing fee is required for the initial application and I-765 in most cases. Also see Filling Out Form I-765, Application for Employment Authorization; your filing category would be (a)(12).

It's possible to submit a TPS application even if you are already in deportation (removal) proceedings. The immigration judge has the power to hear the evidence and make a decision on your request.

It is also possible to ask USCIS to waive the filing fees if you can't afford them. You would need to complete USCIS Form I-912, Request for Fee Waiver, and include it with the rest of your TPS application; and submit your application by mail (not online).

Do You Need an Attorney's Help With Filing for TPS?

You are not required to hire an attorney to help you with a TPS application, and many people successfully apply without one. Nevertheless, if you can afford the attorney fees, having a professional assess your eligibility and prepare your application can greatly improve your chances of success. The attorney can also evaluate potential remedies for when your TPS ends. Check with local community organizations, which might be able to line you up with free or low-cost legal help.