Understanding Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a form of immigration relief granted by the Department of Homeland Security (DHS) to eligible nationals of certain countries experiencing temporary conditions, such as ongoing armed conflict, natural disasters, or severe humanitarian emergencies. TPS allows individuals to remain in the United States for a designated period without fear of deportation and grants them the ability to apply for work authorization and, in some cases, travel authorization.
At the Law Offices of Tina Sharma, our experienced immigration team assists individuals in understanding TPS eligibility requirements and filing applications to obtain TPS successfully.
Who Qualifies for TPS?
To qualify for TPS status, applicants must meet specific eligibility requirements, which typically include:
- Being a national of a TPS-designated country or, in some cases, a person without nationality who last habitually resided in a TPS-designated country.
- Having continuously resided in the United States since the designated period stated by Homeland Security.
- Being continuously physically present in the U.S. since the effective date of TPS designation.
- Filing during the initial registration period or the re-registration period if already granted TPS.
- Not having certain criminal convictions or being deemed a threat to national security.
DHS and the Homeland Security Secretary periodically review and extend TPS designations based on country conditions and political and economic crises.
How to Apply for TPS
1. Filing a TPS Application
To apply, individuals must file Form I-821, Application for Temporary Protected Status, with U.S. Citizenship and Immigration Services (USCIS) during the designated registration period. Supporting documents proving nationality, U.S. residence, and other eligibility factors must be submitted.
2. Applying for Employment Authorization
Applicants can request an Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization. Those granted TPS receive work authorization to seek lawful employment in the U.S.
3. Checking Application Status
- Applicants can track their TPS case by creating a USCIS online account.
- The USCIS website provides information on pending applications and processing times.
- The USCIS Contact Center is available for inquiries regarding pending TPS-related forms and updates.
TPS Re-Registration and Work Authorization
Re-Registering for TPS
Individuals already granted TPS must complete the re-registration period during each extension announced in the Federal Register Notice.
Employment Authorization and Extensions
- Automatic EAD Extensions: When USCIS extends TPS, employment authorization documentation (EADs previously issued) may be automatically extended until the new expiration date.
- Employment Eligibility Verification: Employers can confirm work authorization using the automatic extension provisions published by USCIS.
Travel Authorization for TPS Beneficiaries
TPS applicants may apply for travel authorization by filing Form I-131, Application for Travel Document. Approval allows TPS holders to travel outside the U.S. and return without jeopardizing their immigration status.
Venezuelan TPS Beneficiaries and Other TPS-Designated Countries
The Biden administration had previously designated Venezuela for TPS due to economic crises and temporary conditions affecting the country. Eligible Venezuelan nationals could apply under the same eligibility requirements as other TPS beneficiaries.
However, the Trump administration has recently reversed these protections. On Tuesday, January 28, Homeland Security Secretary Kristi Noem announced the cancellation of the latest TPS extension for Venezuelans that was initially set to continue through October 2026. As a result, Venezuelans who have had TPS since March 11, 2024, will now see it end on September 10, 2025—cutting short their previously granted TPS period by over a year.
This decision aligns with the Trump administration’s broader stance on scaling back TPS protections as part of its mass deportation policies. The administration has signaled that more changes may be forthcoming, affecting TPS beneficiaries from multiple countries. Given these rapid shifts, it is crucial for Venezuelan nationals and other TPS holders to stay informed and seek legal assistance to explore alternative immigration status options.
A full list of TPS-designated countries can be found on the USCIS website, where the latest updates on designation periods and pending or approved forms are available.
Additional TPS Considerations
Deferred Enforced Departure (DED) vs. TPS
Some countries qualify for Deferred Enforced Departure (DED), which provides similar protections but is granted at the discretion of the President rather than through DHS designation. TPS and DED often have similar eligibility requirements but require different application processes.
Fee Waivers and Financial Assistance
Applicants facing financial hardship may file a fee waiver request to cover TPS application costs. This can be done by submitting Form I-912, Request for Fee Waiver, along with supporting financial documentation.
How an Immigration Lawyer Can Help with TPS
Navigating the TPS process can be complex, and ensuring that your application is correctly completed is critical. The Law Offices of Tina Sharma can:
- Determine TPS eligibility and assist with completing the application.
- Ensure compliance with registration instructions and timely re-registration.
- Helped obtain employment authorization documentation and verify work authorization.
- Assist TPS holders with travel authorization applications.
- Provide legal representation for individuals with pending TPS-related forms or denied applications.
Schedule a Consultation with the Law Offices of Tina Sharma
If you are seeking TPS status or need assistance with re-registration, employment authorization, or travel authorization, our experienced immigration lawyers are here to help. We serve clients in Washington, D.C., Maryland, and Virginia, ensuring that TPS applicants receive the legal support they need.
Understanding TPS designation and maintaining compliance with citizenship and immigration services requirements is crucial to retain TPS status and ensure ongoing protection. Contact us today at (202) 640-4222 for expert legal services tailored to your situation.
