What is the TEMPORARY PROTECTED STATUS (TPS)?
COMPLIED BY CCO STAFF
SEPTEMBER 5, 2024
- TPS is a temporary immigration status granted to eligible nationals of a foreign state designated for TPS under the INA, or to eligible individuals without nationality who last habitually resided in the designated foreign state, regardless of their country of birth.
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During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to obtain EADs if they continue to meet the requirements of TPS.
- TPS beneficiaries may also apply for and be granted travel authorization as a matter of DHS discretion.
- To qualify for TPS, beneficiaries must meet the eligibility standards at INA section 244(c)(1)-(2),8 U.S.C. 1254a(c)(1)-(2).
- When the Secretary terminates a foreign state’s TPS designation, beneficiaries return to one of the following:
○ The same immigration status or category that they maintained before TPS, if any (unless that status or category has since expired or terminated); or
○ Any other lawfully obtained immigration status or category they received while registered for TPS, if it is still valid beyond the date their TPS terminates.
Processes for Cubans, Haitians, Nicaraguans, and Venezuelans
immediate family members may request to come to the United States in a safe and orderly way. Qualified beneficiaries who are outside the United States and lack U.S. entry documents may be considered, on a case-by-case basis, for advanced authorization to travel and a temporary period of parole for up to two years for urgent humanitarian reasons or significant public benefit. To participate, eligible beneficiaries must:
Have a supporter in the United States;
Undergo and clear robust security vetting;
Meet other eligibility criteria; and
Warrant a favorable exercise of discretion.
Individuals participating in these processes must have a supporter in the United States who agrees to provide them with financial support for the duration of their parole in the United States. The first step in the process is for the U.S.-based supporter to file a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS for each beneficiary they seek to support, including minor children. The U.S. government will then review the supporter information provided in Form I-134A to ensure that they can financially support the beneficiaries they are agreeing to support.
See below for additional information on the processes and country-specific eligibility requirements. Additional information is also available on our Frequently Asked Questions About the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans page.
Temporary Protected Status
The Department of Homeland Security has extended through Aug. 3, 2025, the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries under the designation of Haiti.
If you are currently a TPS beneficiary under the Haiti designation and you have not yet re-registered for TPS under the most recent extension, you must submit Form I-821, Application for Temporary Protected Status, by Aug. 30, 2024, to keep your TPS benefits.
Working in the United States
Many noncitizens want to come to the United States to work. This page provides a summary of employment-based nonimmigrant and immigrant visa classifications and other categories of noncitizens who are eligible for employment authorization. Each classification provides a link to more detailed information on its requirements.
A common way to work temporarily in the United States as a nonimmigrant is for a prospective employer to file a petition with USCIS on your behalf. The Temporary (Nonimmigrant) Workers webpage describes the main nonimmigrant temporary worker classifications.
If you have the right combination of skills, education, and/or work experience, you may be able to live and work permanently in the United States by seeking an employment-based immigrant visa. The Permanent Workers webpage describes the five employment-based immigrant visa preferences (also called categories).
If you live outside the United States and want to work here, you generally must apply for a visa from the U.S. Department of State (DOS), unless a visa is not required for people from your country of nationality. You may visit DOS’ Travel Without a Visa page for more information.
In many cases, USCIS must approve your petition before you are eligible to apply to DOS for a visa or seek admission at a port of entry. Before entering the United States, you must present yourself to a U.S. Customs and Border Protection (CBP) officer and receive permission to enter the United States and engage in your proposed activity.
If you are in the United States in a lawful nonimmigrant status that does not provide employment authorization, you generally may apply for:
- A change of status to a nonimmigrant classification that provides employment authorization; or
- An adjustment of status to become a lawful permanent resident. This may be a concurrent filing with an immigrant visa petition or, depending on the circumstances may require an applicant to obtain an approved immigrant visa before applying for an adjustment of status to become a lawful permanent resident.
Depending on the classification you seek, your change or adjustment of status application might require a U.S. employer or other qualified requestor to file an application or petition on your behalf to establish your eligibility before we approve your application. However, if you apply based on certain classifications (for example, an alien with extraordinary ability or as a nonimmigrant E-1 or E-2 principal treaty trader or investor), you may be eligible to self-petition, which means applying on your own behalf.
Additionally, if you are in the United States, including if you are an applicant for permanent residence or a certain family member of an alien who has lawful nonimmigrant status, you may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document(EAD). You may also apply for an EAD that shows such authorization if your immigration status authorizes you to work in the United States without restrictions.
The conditions you must meet and how long you can work in the United States depend on the type of immigration status the Department of Homeland Security (DHS) grants. You must comply with all conditions of your employment authorization and the terms of your admission to this country. If you violate any of the conditions, you could be removed from or denied re-entry into the United States.
FOOTNOTE: THE CITY-COUNTY OBSERVER POSTED THIS ARTICLE WITHOUT BIAS, OPINION, OR EDITING.
