Temporary Protected Status (TPS) Redesignation and Extension Updates

What Is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a humanitarian immigration benefit established under Section 244 of the Immigration and Nationality Act (INA), as amended by the Immigration Act of 1990. TPS provides temporary protection from deportation and work authorization to nationals of designated countries that are experiencing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions that prevent their nationals from returning safely. TPS does not lead directly to lawful permanent residence (a green card), but it provides a critical safety net for individuals who would face danger if forced to return to their home countries.

The Secretary of the Department of Homeland Security (DHS) has the authority to designate a country for TPS under INA Section 244(b)(1) based on three grounds: (A) ongoing armed conflict that poses a serious threat to the personal safety of returning nationals; (B) an environmental disaster (such as an earthquake, flood, drought, or epidemic) that has resulted in a substantial but temporary disruption of living conditions, and the country is unable to adequately handle the return of its nationals; or (C) extraordinary and temporary conditions in the country that prevent nationals from returning in safety, unless the Secretary finds that permitting the nationals to remain temporarily in the United States is contrary to the national interest.

How TPS Designations Work: Extensions vs. Redesignations

Understanding the difference between a TPS extension and a TPS redesignation is important because it affects who can benefit:

TPS Extension: When the Secretary of DHS determines that conditions in a designated country continue to meet the TPS criteria, the Secretary may extend the existing TPS designation for an additional period, typically 6 to 18 months. An extension allows current TPS holders to re-register and maintain their status, but it does not open TPS to new applicants. Only individuals who were already granted TPS under the original designation (or a previous redesignation) can benefit from an extension.

TPS Redesignation: A redesignation occurs when the Secretary of DHS designates a country for TPS anew, effectively resetting the eligibility date. This is significant because it allows new applicants who arrived in the United States after the original designation date (but before the new redesignation date) to apply for TPS for the first time. Redesignations dramatically expand the pool of eligible applicants.

Under 8 CFR Section 244.2, the Federal Register notice announcing an extension or redesignation will specify the new registration period, the continuous physical presence date, the continuous residence date, and the expiration date of the extended or redesignated TPS period.

Currently Designated Countries and Recent Updates

As of early 2026, multiple countries hold active TPS designations. The landscape of TPS designations changes frequently based on conditions in designated countries and policy decisions by the current administration. Below is an overview of several key TPS designations that affect large populations in Georgia and the Atlanta metro area. Note that TPS policies are subject to rapid change, and you should verify current status with an immigration attorney or the USCIS website before relying on this information.

Venezuela: Venezuela has been designated for TPS multiple times, with redesignations that expanded eligibility to Venezuelans who arrived in the United States by specified dates. Venezuelan TPS holders represent one of the largest TPS populations in the country. Given the ongoing humanitarian, economic, and political crisis in Venezuela, TPS has been a critical lifeline for Venezuelan nationals in the United States. Re-registration periods for Venezuelan TPS require careful attention to Federal Register notices, as the filing windows are strictly enforced.

Haiti: Haiti has maintained TPS designation for over a decade, initially due to the devastating 2010 earthquake and subsequently extended and redesignated due to continued political instability, economic crisis, and the effects of subsequent natural disasters. Haitian TPS holders must re-register during each extension period to maintain their status and work authorization.

Honduras and El Salvador: These Central American countries have held TPS designations since the early 2000s, originally designated following Hurricane Mitch (Honduras) and a series of earthquakes (El Salvador). The status of TPS for Honduran and Salvadoran nationals has been subject to significant litigation and policy debate in recent years. Multiple federal court injunctions have prevented termination of TPS for these populations during litigation. It is critical for Honduran and Salvadoran TPS holders to monitor court decisions and DHS announcements carefully.

Ukraine: Ukraine was designated for TPS following the Russian invasion in 2022, with redesignations reflecting the ongoing conflict. Ukrainian nationals who were present in the United States by the applicable redesignation date are eligible to apply.

Other designated countries: Additional countries with active TPS designations include (but are not limited to) Burma (Myanmar), Cameroon, Ethiopia, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. Each country has its own designation dates, eligibility criteria, and re-registration schedules.

Eligibility Requirements for TPS

To be eligible for TPS, you must meet the following requirements under INA Section 244(c)(1) and 8 CFR Section 244.2:

1. Nationality requirement: You must be a national of a country that has been designated for TPS, or a person without nationality who last habitually resided in the 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 the most recent designation or redesignation of your country. "Continuous physical presence" means you have been in the United States without any single absence of 90 consecutive days or a total of 180 days in the aggregate during the relevant period, unless the absence was caused by a brief, casual, and innocent departure as described in 8 CFR Section 244.1.

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 is typically earlier than the continuous physical presence date.

4. Admissibility and criminal bars: You must not be inadmissible as an immigrant under INA Section 212(a), subject to certain waivers. You must not have been convicted of any felony or two or more misdemeanors committed in the United States. You must not be found to have participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. You must not be described in certain security and terrorism-related inadmissibility grounds under INA Section 208(b)(2)(A).

5. Filing requirements: You must file your TPS application (Form I-821, Application for Temporary Protected Status) during the initial registration period or, for extensions and redesignations, during the re-registration period specified in the Federal Register notice. Late initial registration is permitted only in limited circumstances under 8 CFR Section 244.2(f)(2), such as during a period when you were in valid immigration status, during the pendency of another TPS application, or within 60 days of the date your asylum officer or immigration judge granted you an EAD.

The Re-Registration Process

Current TPS holders must re-register during each extension or redesignation period to maintain their TPS status and obtain renewed Employment Authorization Documents (EADs). The re-registration process involves the following steps:

Step 1: Monitor Federal Register announcements. DHS publishes notices in the Federal Register announcing TPS extensions and redesignations, including the re-registration period dates. These dates are also posted on the USCIS website. You can sign up for email alerts from USCIS to receive notifications about TPS announcements for your country.

Step 2: File Form I-821 (Application for Temporary Protected Status). During the re-registration period, you must file a new Form I-821 with USCIS. For re-registration, the filing fee is typically waived, but you may still need to pay the biometrics services fee (currently $85, subject to change) unless you qualify for a fee waiver. Check the specific Federal Register notice for your country, as fee requirements can vary.

Step 3: File Form I-765 (Application for Employment Authorization Document). If you want to renew your work authorization, you must also file Form I-765 concurrently with your Form I-821. The fee for Form I-765 for TPS re-registrants has varied; check the current fee schedule on the USCIS website or in the Federal Register notice.

Step 4: Attend your biometrics appointment. After filing, USCIS will schedule a biometrics appointment for you at an Application Support Center (ASC). Attend this appointment as scheduled; failure to do so can delay your case or result in denial.

Step 5: Receive your new EAD. Once your re-registration is processed and approved, USCIS will issue a new Employment Authorization Document with an updated expiration date. In many cases, DHS publishes automatic extensions of existing EADs (typically for 180 days) in the Federal Register notice to bridge the gap between the expiration of your current EAD and the issuance of a new one. Check whether an automatic extension applies to you and, if so, which combination of documents you need to present to your employer as proof of continued work authorization.

What Happens When TPS Is Terminated

When DHS decides not to extend or redesignate a country for TPS, TPS holders from that country face the loss of their protected status and work authorization. The process of termination includes:

Advance notice: Under INA Section 244(b)(3)(A), the Secretary must publish a determination at least 60 days before the expiration of the existing TPS designation. If the determination is to terminate TPS, the Secretary must provide a transition period of at least six months to allow TPS holders to prepare for the change in their status.

Return to prior status: Upon termination of TPS, beneficiaries revert to the immigration status they held before being granted TPS, unless that status has since expired. For many TPS holders, this means they revert to undocumented status, making them potentially subject to removal proceedings.

Litigation and injunctions: In recent years, TPS termination decisions for several countries have been challenged in federal court, resulting in preliminary injunctions that have temporarily blocked termination. These court orders have allowed TPS holders from affected countries to continue re-registering and maintaining their status during the pendency of litigation. Monitoring ongoing litigation is essential for affected TPS holders.

TPS and Pathways to Permanent Residence

While TPS itself does not provide a direct path to a green card, TPS holders may have other options for obtaining lawful permanent residence depending on their individual circumstances:

Family-based petitions: If a TPS holder has an immediate relative who is a U.S. citizen (spouse, parent, or adult child over 21) or a lawful permanent resident, they may be eligible for a family-based immigrant visa petition. Under INA Section 245, TPS holders are generally considered to be in a "period of authorized stay" for purposes of adjustment of status eligibility, which means they may be able to adjust their status to permanent residence in the United States without having to depart and apply for an immigrant visa abroad, even if they originally entered without inspection. This interpretation was confirmed by the Sixth Circuit in Sanchez v. Mayorkas (2021) and subsequently addressed by Congress and the courts, though the legal landscape continues to evolve.

Employment-based petitions: TPS holders with qualifying employment may be eligible for employment-based immigrant visa petitions if their employer is willing to sponsor them through the PERM labor certification process and subsequent I-140 petition.

Special legislation: Periodically, legislative proposals are introduced in Congress that would provide a pathway to permanent residence for long-term TPS holders. While no comprehensive legislation has been enacted as of early 2026, monitoring legislative developments is important for TPS holders who have been in the United States for extended periods.

Frequently Asked Questions

What happens if I miss the re-registration deadline? If you miss the re-registration period, you may lose your TPS status and work authorization. However, USCIS has discretion to accept late re-registrations in certain circumstances, such as if you can demonstrate that the late filing was due to extraordinary circumstances beyond your control. Contact an immigration attorney immediately if you have missed or are in danger of missing a re-registration deadline.

Can I travel outside the United States with TPS? You can travel abroad with TPS, but you must first obtain advance permission by filing Form I-131 (Application for Travel Document) and receiving a travel authorization document. Traveling without advance permission can result in the loss of your TPS status and may affect your ability to re-enter the United States. Under 8 CFR Section 244.15, travel authorized under TPS is considered to be an authorized departure and return, and your return may be considered an "inspection and admission" for purposes of future adjustment of status.

Does TPS protect me from deportation? Yes, while your TPS status is valid, you are protected from removal (deportation) from the United States. However, this protection ends when TPS is terminated for your country or when your individual TPS status expires because you failed to re-register. TPS does not protect you from removal if you commit certain crimes or if your TPS is withdrawn due to fraud or criminal activity.

Can my employer fire me because my EAD is expiring? If DHS has published an automatic extension of EADs for your TPS country, your existing EAD combined with the Federal Register notice serves as valid proof of continued work authorization. Your employer should accept this combination of documents as evidence that you are authorized to work. If your employer refuses, contact an immigration attorney for assistance.

My TPS country was redesignated. Do I need to apply again if I already have TPS? If you already hold TPS and your country is redesignated, you still need to re-register during the re-registration period to maintain your status. The redesignation opens a new initial registration period for first-time applicants, but existing TPS holders must still re-register as they would during an extension.

Contact J. Lee & Associates for TPS Guidance

The TPS landscape is complex and changes frequently. At J. Lee & Associates, our immigration attorneys closely monitor TPS designations, extensions, redesignations, and termination decisions for all designated countries. We help TPS holders with initial applications and re-registration filings, employment authorization renewals, travel document applications, exploring pathways to permanent residence, and responding to any USCIS notices or requests related to TPS cases.

If you are a TPS holder or believe you may be newly eligible for TPS due to a recent redesignation, contact our office promptly. Registration deadlines are strictly enforced and missing them can have serious consequences. Call us at (770) 995-8700 or visit our office at 1250 Tech Dr, Suite 240, Norcross, GA 30093. We serve the diverse immigrant communities of Norcross, Lawrenceville, Duluth, Doraville, Gwinnett County, and the greater Atlanta metro area with dedicated, compassionate legal representation.