What is Temporary Protected Status and who can qualify for the program? In this video, attorney Jacob Sapochnick provides information about the Temporary Protected Status program including which countries have received a Temporary Protected Status (TPS) designation, how to register, and much more.
Did you know? Individuals who qualify for Temporary Protected Status (TPS) are allowed to lawfully live and work in the United States without fear of deportation, during the period of their country’s TPS designation (typically this is anywhere between 6 to 18 months depending on the country). To qualify for work authorization, individuals must file Form I-765 Application for Employment Authorization to request an Employment Authorization Document (EAD) from the US Citizenship and Immigration Services (USCIS). With the EAD, applicants can lawfully work in the United States. Additionally, TPS eligible nationals may qualify for travel authorization.
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What is Temporary Protected Status
Temporary Protected Status (TPS) is a special program made possible by the United States Congress that allows foreign nationals of certain countries that are considered unsafe, the right to live and work in the United States temporarily. TPS does not provide a pathway to citizenship, and instead is utilized by individuals from participating countries as a humanitarian solution because they cannot safely return to their home countries.
Under the program, the Secretary of Homeland Security is authorized to designate a specific foreign country for TPS if they determine that conditions exist in that country that prevent its nationals from safely returning to their countries of origin.
The Secretary may designate a country for TPS if any of the following temporary conditions exist in the foreign country:
- Ongoing armed conflict (such as civil war)
- An environmental disaster (such as earthquake or hurricane), or an epidemic
- Other extraordinary and temporary conditions
In order to participate in the TPS program, you must:
- Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
- File during the open initial registration or re-registration period for your country, or meet the requirements for late initial filing during any extension of your country’s TPS designation;
- Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country announced by the Department of Homeland Security; and
- Have been continuously residing (CR) in the United States since the date specified for your country.
- Pass the necessary security and background checks.