This site is designed to be a one-stop resource for all Temporary Protected Status (TPS)-related information. Below you will find a basic introduction to the TPS program, links to the statute, regulations, and pertinent application forms, as well as information specific to each country (or part thereof) that is or was designated for TPS. For information about past TPS designations, please go to our TPS Archives page. The governing TPS statute is section 244 of the Immigration and Nationality Act (INA), and the primary TPS regulations are at 8 C.F.R. § 244. Forms are:
I-821, Application for Temporary Protected Status
I-765, Application for Employment Authorization
Countries (or parts thereof) that are currently designated for TPS:
El Salvador: Currently designated through September 9, 2010. Most recent TPS re-registration period was from October 1, 2008, to December 30, 2008. Employment Authorization Documents (EADs) are automatically extended through September 9, 2009.
Honduras: Currently designated through July 5, 2010. Most recent TPS re-registration period was from October 1, 2008, to December 30, 2008. Employment Authorization Documents (EADs) are automatically extended through July 5, 2009.
Nicaragua: Currently designated through July 5, 2010. Most recent TPS re-registration period was from October 1, 2008, to December 30, 2008. Employment Authorization Documents (EADs) are automatically extended through July 5, 2009.
Somalia: Currently designated through September 17, 2009. Most recent TPS re-registration period was from March 12, 2008, to May 12, 2008. EADs were automatically extended through September 17, 2008.
Sudan: Currently designated through May 2, 2010. Most recent TPS re-registration period was from August 14, 2008, to October 14, 2008. EADs were automatically extended through May 2, 2009.
Deferred Enforced Departure (DED)
Liberia: President Barack Obama signed a Memorandum for the Secretary of Homeland Security on March 20, 2009, authorizing an extension of DED for 12 months (from April 1, 2009, through March 31, 2010) for Liberians (and aliens without nationality who last habitually resided in Liberia) who were covered under DED as of March 31, 2009. TPS and DED-related EADs are automatically extended through September 30, 2009. Individuals requesting employment authorization through March 31, 2010 must apply for an EAD on Form I-765 while they are covered by DED.
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible nationals of designated countries (or parts thereof). In 1990, as part of the Immigration Act of 1990 (“IMMACT”), P.L. 101-649, Congress established a procedure by which the Attorney General may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. On March 1, 2003, pursuant to the Homeland Security Act of 2002, Public Law 107-296, authority to designate a country (or part thereof) for TPS, and to extend and terminate TPS designations, was transferred from the Attorney General to the Secretary of Homeland Security. At the same time, responsibility for administering the TPS program was transferred from the former Immigration and Naturalization Service (Service) to U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS).
During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status. When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Accordingly, if an alien had unlawful status prior to receiving TPS and did not obtain any status during the TPS designation, the alien reverts to unlawful status upon the termination of that TPS designation.
Who is Eligible for TPS?
An alien who is a national of a country (or alien having no nationality who last habitually resided in that country) designated for TPS is eligible to apply for TPS benefits if he or she:
• Establishes the necessary continuous physical presence and continuous residence in the United States as specified by each designation;
• Is not subject to one of the criminal, security-related, or other bars to TPS; and
• Timely applies for TPS benefits. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must timely re-register to maintain his or her TPS benefits under the TPS program.
An alien is not eligible for TPS if he or she:
• Has been convicted of any felony or two or more misdemeanors committed in the United States;
• Is a persecutor, or otherwise subject to one of the bars to asylum; or
• Is subject to one of several criminal-related or terrorism-related grounds of inadmissibility for which a waiver is not available.
For more specific information relating to eligibility, see INA section 244(c)(2) and 8 CFR §§ 244.1 - 244.4.
What is Deferred Enforced Departure (DED)?
DED has been granted to nationals of certain countries by the President as an exercise of his constitutional power to conduct foreign relations. DED was first used in 1990 and has been used for a total of five countries. In the past DED has provided for a temporary stay of removal and employment authorization.
As authorized by President Obama on March 20, 2009, qualified Liberians (and aliens without nationality who last habitually resided in Liberia) who were covered under DED as of March 31, 2009, will be provided an additional 12 months of DED (through March 31, 2010).
