Temporary Protected Status (TPS) in 2026: Who Qualifies, How to Apply, and What’s Changing

Last Updated: March 2026

If you or someone you love holds Temporary Protected Status, 2026 is a year that demands your attention. TPS designations are shifting, re-registration deadlines are approaching, and policy changes at the federal level could affect hundreds of thousands of people across the country — including more than 100,000 TPS holders in California alone. Whether you are a current TPS beneficiary navigating your next re-registration, a first-time applicant from a newly designated country, or simply trying to understand what TPS means for your community, this guide covers everything you need to know about TPS in 2026.

If you live in San Diego, Los Angeles, San Francisco, or elsewhere in the Bay Area, this information is directly relevant to you and your neighbors.

What Is Temporary Protected Status (TPS)?

Temporary Protected Status is a humanitarian immigration benefit established by the Immigration Act of 1990. The Secretary of Homeland Security can designate a foreign country for TPS when conditions in that country temporarily prevent its nationals from returning safely, or when the country cannot adequately handle the return of its nationals.

TPS provides two core benefits to eligible nationals of designated countries who are already in the United States:

1. Protection from removal (deportation): TPS holders cannot be deported from the United States during the period their country’s designation is in effect.

2. Employment authorization: TPS holders receive an Employment Authorization Document (EAD), also known as a work permit, allowing them to work legally in the United States.

TPS may also provide eligibility for travel authorization, allowing beneficiaries to travel abroad and return to the United States.

What TPS Does NOT Provide

It is important to understand what TPS does not do:

• TPS does not provide a direct path to lawful permanent residence (a green card) or citizenship
• TPS does not lead to any permanent immigration status on its own
• TPS is temporary — it must be renewed by the government through re-designation or extension, and beneficiaries must re-register during each registration period
• TPS does not protect family members who are not independently eligible

Countries Currently Designated for TPS in 2026

As of March 2026, the following countries have active TPS designations. Designations, expiration dates, and re-registration windows change frequently, so always verify current information with USCIS or an immigration attorney.

Note: This table reflects designations as of March 2026. TPS designations can be extended, re-designated, or terminated at any time. New countries can also be designated. Always check the USCIS TPS page or consult with an attorney for the most current information.

Who Is Eligible for TPS?

To be eligible for TPS, you must meet all of the following requirements:

Basic Eligibility Requirements

1. Nationality: You must be a national of a country designated for TPS, or a person without nationality who last habitually resided in a designated country.

2. Continuous physical presence: You must have been continuously physically present in the United States since the date specified in the Federal Register notice for your country’s designation (the “continuous physical presence date”). Brief, casual, and innocent absences are generally permitted.

3. Continuous residence: You must have continuously resided in the United States since the date specified in the Federal Register notice (the “continuous residence date”).

4. Filing deadline: For initial registration, you must file during the registration period specified in the Federal Register notice. For re-registration, you must file during each re-registration period.

5. Admissibility: You must not be inadmissible to the United States on certain criminal, security, or other grounds.

Who Is NOT Eligible for TPS?

You are not eligible for TPS if:

• You have been convicted of any felony or two or more misdemeanors committed in the United States
• You are found inadmissible as an immigrant on certain grounds (including criminal grounds, security grounds, and certain other grounds)
• You are subject to certain bars to asylum (such as persecution of others)
• You fail to meet the continuous physical presence and continuous residence requirements
• You fail to register during the designated registration period (unless you have good cause for late registration)

How to Apply for TPS: Step-by-Step Process

Initial TPS Application

If your country has been newly designated for TPS or you are applying for the first time during an open registration period, follow these steps:

1. File Form I-821 (Application for Temporary Protected Status) with USCIS
2. File Form I-765 (Application for Employment Authorization) — filed concurrently with the I-821 if you want a work permit
3. Pay the required fees:
4. I-821 filing fee (currently $50)
5. I-765 filing fee (currently $410)
6. Biometric services fee ($85) if you are between ages 14 and 65
7. Fee waivers may be available for certain applicants who demonstrate inability to pay
8. Submit supporting documentation:
9. Evidence of nationality (passport, birth certificate, or national identity document)
10. Evidence of continuous residence in the United States since the designated date
11. Evidence of continuous physical presence since the designated date
12. Two passport-style photographs
13. Any criminal records or court dispositions if you have been arrested or convicted
14. Attend a biometrics appointment at a USCIS Application Support Center (ASC)
15. Wait for adjudication — processing times vary but can range from several months to over a year

Re-Registration for Existing TPS Holders

If you already have TPS and your country’s designation has been extended or re-designated, you must re-register during each re-registration period. The process is:

1. File Form I-821 (re-registration)
2. File Form I-765 (if you want to renew your work permit)
3. Pay applicable fees (fee waivers may be available)
4. File during the re-registration window — USCIS publishes the exact dates in the Federal Register. Missing this window can result in loss of TPS status.

Tips for a Successful Application

• File on time: Late filings are only excused for good cause. Do not wait until the last day.
• Be thorough with documentation: Submit as much evidence of continuous residence and physical presence as possible — utility bills, lease agreements, pay stubs, tax returns, school records, medical records, and similar documents.
• Disclose everything: If you have any arrests, convictions, or immigration violations, disclose them fully. Failure to disclose can result in denial and can be considered fraud.
• Keep copies of everything: Make copies of your complete application package before mailing or submitting it.
• Track your application: Use the USCIS case status tool online or sign up for case status updates.

Employment Authorization for TPS Holders

One of the most significant benefits of TPS is the right to work legally in the United States. When your TPS application is approved, you receive an Employment Authorization Document (EAD) — a credit-card-sized work permit that you present to employers as proof of your right to work.

Automatic Extensions of EADs

When TPS for a country is extended, USCIS typically publishes a Federal Register notice that automatically extends the validity of existing EADs for a specified period. This means that even if your physical EAD card has an expiration date that has passed, it may still be valid due to an automatic extension.

How to prove the automatic extension to your employer:

• Show your employer your existing EAD card
• Show your employer the Federal Register notice (available on the USCIS website) that extends the EAD validity
• Your employer should accept this combination as proof of your continued work authorization for I-9 purposes

What to Do If Your Employer Does Not Accept Your Extended EAD

Some employers are unfamiliar with TPS EAD automatic extensions. If your employer refuses to accept your extended EAD:

1. Direct them to the USCIS I-9 Central page and the specific Federal Register notice
2. Remind them that it is illegal under federal anti-discrimination laws to refuse to accept valid work authorization documents
3. File a complaint with the Immigrant and Employee Rights Section (IER) of the Department of Justice if necessary
4. Contact an experienced immigration attorney for assistance

What Happens When TPS Expires or Is Terminated?

This is one of the most important questions for TPS holders, and the answer has significant consequences.

If TPS Is Extended or Re-Designated

If the government extends or re-designates your country for TPS, you can continue your TPS status by re-registering during the designated period. Your protection from removal and work authorization continue without interruption.

If TPS Is Terminated

If the government decides to terminate TPS for your country, the termination does not take effect immediately. There is typically a transition period (usually at least 60 days, sometimes longer) during which you can:

• Continue working with your existing EAD until the termination date
• Prepare for the transition by exploring other immigration options
• Consult with an attorney about alternative forms of relief

After the termination date, former TPS holders revert to whatever immigration status they had before TPS — or, if they had no other status, they become undocumented. This is why it is critical for TPS holders to explore other pathways to permanent status while they still have TPS.

Legal Challenges to TPS Terminations

Several TPS termination decisions have been challenged in federal court. Lawsuits filed on behalf of TPS holders from El Salvador, Honduras, Nicaragua, Nepal, and Haiti have resulted in court injunctions that have prevented or delayed terminations. These cases have argued that the government’s termination decisions were motivated by racial animus or failed to follow proper procedures.

As of March 2026, some of these cases remain active, and court orders continue to protect certain TPS populations from termination.

2026 Changes to TPS Programs

Several significant developments are affecting TPS in 2026:

Policy Shifts and Administrative Changes

• Re-registration deadlines: Multiple countries have re-registration periods opening or closing in 2026. Missing a re-registration deadline can result in loss of TPS status, so staying on top of deadlines is essential.
• Fee increases: USCIS has implemented fee increases that affect TPS applications and EAD renewals. Check the current fee schedule on the USCIS website.
• Processing delays: Some TPS applications and re-registrations are experiencing longer processing times due to increased caseloads and resource constraints.

Enforcement Environment

The broader immigration enforcement environment in 2026 continues to evolve. TPS holders should be aware that:

• TPS provides strong protection from removal while your country’s designation is in effect
• Maintaining valid TPS status (including timely re-registration) is critical
• Criminal activity can result in loss of TPS eligibility and potential removal proceedings
• Keeping your address current with USCIS is legally required and practically important

New Designations and Re-Designations

Countries can be added to or removed from TPS designation at any time. In 2026, advocacy groups and members of Congress have pushed for new designations for additional countries facing humanitarian crises. Monitor USCIS announcements and the Federal Register for updates.

Transitioning from TPS to Permanent Immigration Status

Because TPS is temporary, every TPS holder should be thinking about long-term immigration solutions. Here are the most common pathways:

Family-Based Green Card

If you have a qualifying family relationship with a U.S. citizen or lawful permanent resident (spouse, parent, adult child, or sibling), you may be eligible for a family-based green card. For TPS holders who entered the United States lawfully (through a port of entry with inspection), adjustment of status inside the United States is often possible.

Marriage-Based Green Card

If you are married to a U.S. citizen, the marriage-based green card process may be available to you. TPS holders who entered with inspection can typically adjust status without leaving the country. Those who entered without inspection may need to explore other options, such as consular processing with a waiver.

Employment-Based Green Card

If your employer is willing to sponsor you, an employment-based green card may be possible. This typically involves a labor certification (PERM) process, followed by an I-140 petition, and then adjustment of status or consular processing.

Asylum

If you have a fear of persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, asylum may be an option. The one-year filing deadline for asylum can be a barrier for long-term TPS holders, but exceptions to the one-year bar exist, and the conditions that led to your country’s TPS designation may support your claim.

Cancellation of Removal

For TPS holders who have been in the United States for 10 or more years, have good moral character, and can demonstrate that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident relative, cancellation of removal in immigration court may provide a path to a green card.

U Visa or VAWA

If you have been a victim of a qualifying crime (U Visa) or domestic violence by a U.S. citizen or permanent resident spouse or parent (VAWA), these pathways may be available regardless of your TPS status.

TPS and California: The State Impact

California is home to one of the largest TPS populations in the country. The impact of TPS on California’s economy and communities is significant:

By the Numbers

• Over 100,000 TPS holders reside in California
• The largest TPS populations in California come from El Salvador, Honduras, Haiti, and Venezuela
• TPS holders in California contribute billions of dollars annually to the state economy through taxes, consumer spending, and labor force participation
• Many TPS holders are parents of U.S. citizen children — an estimated 270,000 U.S.-born children nationwide have at least one TPS-holder parent

California State Protections

California provides additional protections for TPS holders, including:

• In-state tuition at public colleges and universities (for eligible residents)
• Medi-Cal eligibility for income-eligible TPS holders
• Driver’s licenses regardless of immigration status under AB 60
• Professional licensing regardless of immigration status
• Workplace protections against immigration-related retaliation by employers
• Sanctuary state protections under the California Values Act (SB 54)

Community Resources

TPS holders in California can access support through:

• Community-based legal organizations offering free or low-cost immigration legal services
• Know Your Rights workshops and materials
• County and city immigrant assistance programs
• California’s Health4All program for healthcare access

Frequently Asked Questions About TPS

How long does TPS last?

TPS designations are typically made for 6, 12, or 18 months at a time. However, designations are frequently extended, and some countries have had continuous TPS designations for over 20 years (such as El Salvador and Honduras).

Can I travel outside the United States with TPS?

Yes, but only with prior authorization. You must apply for and receive a travel document (advance parole) by filing Form I-131 before departing. Leaving the United States without advance parole will result in abandonment of your TPS application or status.

Does TPS protect my family members?

Each family member must independently qualify for and apply for TPS. TPS status is not automatically extended to spouses or children. However, children born in the United States to TPS holders are U.S. citizens by birth.

What happens if I am arrested while on TPS?

Criminal activity can jeopardize your TPS status. A felony conviction or two or more misdemeanor convictions will make you ineligible for TPS. Even an arrest without conviction should be disclosed to your immigration attorney, as it can affect your case.

Can I adjust to permanent resident status from TPS?

TPS itself does not provide a direct path to a green card. However, if you are independently eligible for adjustment of status (for example, through a family petition and you entered the United States lawfully), having TPS does not prevent you from adjusting. In fact, some courts have held that TPS constitutes an “admission” for purposes of adjustment of status eligibility, though this interpretation varies by jurisdiction.

What if I missed the re-registration period?

If you missed the re-registration period, you may file late and request that USCIS excuse the late filing based on good cause. Good cause examples include serious illness, postal service delays, or failure to receive the registration notice. Consult an immigration attorney immediately if you have missed a deadline.