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TPS in 2026: how Temporary Protected Status works, the fees, and the Federal Register notices country by country

Temporary Protected Status is granted to nationals of countries DHS designates, for set periods, and it ends when DHS publishes a termination notice. The I-821 fee rises from $510 to $520 and the first TPS work permit from $560 to $570 for requests postmarked on or after 16 October 2026. Every country's position is set by its own Federal Register notice, so check the USCIS TPS page before acting.

Temporary Protected Status, or TPS, is a statutory protection in 8 U.S.C. 1254a. When DHS designates a country, eligible nationals in the United States may register, are protected from removal for as long as the designation and their status last, and may get work authorization. It is temporary by design. Each designation has an end date, and that date changes through a Federal Register notice or, if DHS misses its review deadline, by default under the statute.

This page is a dated snapshot, read on 10 October 2026. TPS decisions change often and some have been challenged in court, so treat the country list below as "what the Federal Register notices say", not as the current legal position for any one person. The USCIS TPS page and the country pages under it show the current dates, re-registration windows and any court orders. Check them before you rely on anything here, and before you pay a fee.

The page explains how the rules work. It does not tell anyone whether they qualify, whether to apply, or what to do after a termination. Those are questions for an attorney or a DOJ-accredited representative.

How a designation starts, runs and ends

The statute sets a short list of grounds for designating a country (8 U.S.C. 1254a(b)(1)): an ongoing armed conflict that would make return a serious threat to personal safety, an environmental disaster or epidemic that causes a substantial but temporary disruption where the country has asked for designation, or "extraordinary and temporary conditions" that prevent safe return. A designation takes effect only when notice is published in the Federal Register.

Length. The initial period is "not less than 6 months and not more than 18 months" (1254a(b)(2)).

Review. At least 60 days before a designation ends, DHS must review conditions and publish its determination (1254a(b)(3)(A)). The statute still says "Attorney General"; the current notices are issued by the Secretary of Homeland Security.

Three outcomes. DHS can terminate (the termination cannot take effect earlier than "60 days after the date the notice is published or, if later, the expiration of the most recent previous extension"), extend for 6, 12 or 18 months, or fail to decide in time. If it does not decide in time, the period renews by default. The 2026 Lebanon notice explains it this way: "Under the TPS statute, if the Secretary does not determine whether a foreign state continues to meet the conditions for designation for TPS at least 60 days before the expiration of the country's current TPS designation, the period of designation is automatically extended for six months."

Court review. The statute says "There is no judicial review of any determination of the Attorney General with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection" (1254a(b)(5)(A)). Individual denials are handled through an administrative procedure and, for people in removal proceedings, before the immigration judge. How far courts may review a given decision is a legal question that has been litigated; this page does not try to answer it.

Ending in practice. Under 8 CFR 244.19, when a designation is terminated, people afforded TPS lose it "automatically and without further notice or right of appeal" on the 60th day after the notice is published or on the last day of the most recent extension. 8 CFR 244.13(b) ends temporary treatment benefits (the interim protection for pending applicants) on the same 60-day mark.

Who can register, and what TPS does and does not give

The requirements (8 U.S.C. 1254a(c)(1); 8 CFR 244.2):

  • the person is a national of the designated country, or has no nationality and last habitually resided there;
  • continuous physical presence in the United States since the effective date of the most recent designation of that country;
  • continuous residence since the date DHS sets for that country;
  • admissibility as an immigrant, with some grounds that do not apply (public charge, labor certification and lack of entry documents, under 8 CFR 244.3(a)), others that can be waived for humanitarian reasons, family unity or the public interest, and a short list that cannot be waived (criminal and controlled-substance grounds, with a statutory carve-out for a single offence of simple possession of 30 grams or less of marijuana, and security grounds);
  • no disqualifying record: a conviction for "any felony or 2 or more misdemeanors committed in the United States", or a ground described in 8 U.S.C. 1158(b)(2)(A); and
  • registration during the registration period, which must be at least 180 days.

Brief, casual and innocent absences do not break continuous presence or residence (1254a(c)(4); 8 CFR 244.1 defines the term). Whether a specific trip qualifies is a legal question.

What status gives. DHS "shall not remove" the person while status is in effect and must authorize work (1254a(a)(1)). A person with TPS "shall be considered as being in, and maintaining, lawful status as a nonimmigrant" for purposes of adjustment of status and change of status (1254a(f)(4)). The statute bars detention "on the basis of the alien's immigration status" (1254a(d)(4)).

What it does not give. TPS is not permanent residence, and it does not on its own lead to it. The regulation says "The benefits contained in the notice are the only benefits the alien is entitled to under Temporary Protected Status" (8 CFR 244.10(f)(3)). USCIS states on its TPS page: "PLEASE NOTE: You cannot obtain TPS as a derivative because your parent or child has TPS." A spouse or child must meet the requirements in their own right, although there are late-filing rules for family members of people who are eligible (8 CFR 244.2(f)).

Travel. "The grant of Temporary Protected Status shall not constitute permission to travel abroad" (8 CFR 244.15(a)). Travel needs prior consent. USCIS's page says: "If you have TPS and leave the United States without first obtaining TPS travel authorization, you may lose TPS and you may not be able to reenter the United States." Whether any particular trip is safe is a question to ask a representative before the trip, not after.

Fees as of 10 October 2026, and what changes on 16 October

TPS fees have three parts, and H.R. 1 (Public Law 119-21) changed two of them.

  • Form I-821 (initial registration). 8 CFR 106.2(a)(50) sets "$50 or the maximum permitted by section 244(c)(1)(B) of the Act". H.R. 1 raised that statutory maximum from $50 to $500 (90 FR 34511, 22 July 2025). The fee has since been indexed for inflation: $510 for fiscal year 2026, and $520 for requests postmarked on or after 16 October 2026 (91 FR 62540; USCIS alert of 30 September 2026). There is no I-821 fee for re-registration (106.2(a)(50)(ii)).
  • Biometrics. $30 for applicants and re-registrants (106.2(a)(50)(iii)). A waiver of this fee can be requested.
  • Work permit (Form I-765). Two fees apply. The regular I-765 fee in 8 CFR 106.2(a)(44) is $520 on paper (the 2025 notice lists $470 online), and the Federal Register notice says USCIS may continue to waive it for TPS filers. On top of it, H.R. 1 added a separate fee for the first TPS work permit: $550 in 2025, $560 for fiscal year 2026 and $570 from 16 October 2026. A renewal or extension work permit carries a separate H.R. 1 fee of $280 under the 2026 notice. The first TPS work permit is valid "for a period of 1 year or for the duration of the alien's TPS, whichever is shorter" (the notice quoting H.R. 1; 8 CFR 244.12(a) says the same).

USCIS's alert states the consequence of the date: "Any request postmarked on or after Oct. 16, 2026 without the proper filing fee will be rejected."

Waivers. 8 CFR 106.3(a)(3)(i)(E) lists the I-821 among forms whose fees can be waived without conditions. The Federal Register notice implementing H.R. 1 says "The HR-1 TPS fee cannot be waived or reduced", and says the same of the H.R. 1 work permit fees, while the regulatory work permit fee and the biometrics fee can still be waived. How these two rules interact on a particular filing is exactly what a representative checks against the current Form I-821 instructions and Form G-1055, the USCIS fee schedule.

Our page on the USCIS fee changes on 16 October 2026 lists the other H.R. 1 fees that move that day.

Country by country: the Federal Register notices

Each line gives the notice, its publication date and the date the notice says the termination or extension takes effect. The dates are the notices' own words. They say nothing about court orders, which have affected some countries. For example, the November 2025 Haiti notice begins: "Because of interference by a federal district court judge, the designation of Haiti is set to expire on February 3, 2026." Check the USCIS country page for the current position.

Terminations

  • Afghanistan: 90 FR 20309, 13 May 2025; effective 14 July 2025.
  • Cameroon: 90 FR 23697, 4 June 2025; effective 4 August 2025.
  • Nepal: 90 FR 24151, 6 June 2025; effective 5 August 2025.
  • Honduras: 90 FR 30089, 8 July 2025; effective 8 September 2025.
  • Nicaragua: 90 FR 30086, 8 July 2025; effective 8 September 2025.
  • Venezuela, 2023 designation: 90 FR 9040, 5 February 2025; effective 7 April 2025. A separate notice (90 FR 8805, 3 February 2025) vacated a January 2025 extension decision.
  • Venezuela, 2021 designation: 90 FR 43225, 8 September 2025; effective 7 November 2025.
  • Haiti: 90 FR 28760, 1 July 2025 (effective 2 September 2025), then a new notice, 90 FR 54733, 28 November 2025; effective 3 February 2026. A February 2025 notice (90 FR 10511) had partly vacated a 2024 decision.
  • Syria: 90 FR 45398, 22 September 2025; effective 21 November 2025.
  • South Sudan: 90 FR 19217, 6 May 2025, recorded an automatic six-month extension to 3 November 2025; the termination notice is 90 FR 50484, 6 November 2025; effective 5 January 2026.
  • Burma (Myanmar): 90 FR 53378, 25 November 2025; effective 26 January 2026.
  • Ethiopia: 90 FR 58028, 15 December 2025; effective 13 February 2026.
  • Somalia: 91 FR 1547, 14 January 2026; effective 17 March 2026.
  • Yemen: 91 FR 10402, 3 March 2026; effective 4 May 2026.

Extensions

  • Lebanon: 91 FR 32069, 29 May 2026. The designation "is automatically extended to November 27, 2026".
  • El Salvador: 90 FR 5953, 17 January 2025, extended for 18 months to 9 September 2026.
  • Ukraine: 90 FR 5936, 17 January 2025, extended to 19 October 2026.
  • Sudan: 90 FR 5944, 17 January 2025, extended to 19 October 2026.

For El Salvador, Ukraine and Sudan, the Federal Register's TPS notices show nothing newer than the January 2025 notices as at 10 October 2026. Those end dates are at or near that date. What DHS has announced since, and what any default extension means, is on the USCIS country pages.

Countries are added and removed through new notices, and several of the notices above were themselves followed by court proceedings. Do not read this list as complete or current beyond its date.

After a termination: what the rules say happens next

Status ends on the stated date. 8 CFR 244.19 says the loss is automatic, with no appeal of the termination itself. Individual applicants whose TPS application is denied are in a different position: USCIS says the denial notice will state whether there are 30 days to appeal to the Administrative Appeals Office, and a person placed in removal proceedings may ask the immigration judge to decide the application (8 CFR 244.10, 244.18).

Work permits. TPS work authorization follows the status. USCIS's TPS page says: "In most instances, these events have reduced or eliminated the automatic extension periods for qualifying TPS applicants and beneficiaries with TPS-based EADs." The events it lists are country-specific Federal Register notices, the interim final rule effective 30 October 2025 that removed most automatic work-permit extensions, and H.R. 1. Whether a work permit that looks expired is still valid depends on the country's notice, an individual USCIS notice, or the rules for applications filed before that date. USCIS's page lists the conditions.

Other options are separate questions. Losing TPS does not itself create any other status. A person may have other pending applications, other protections or none, and whether they are available is a legal question. Some rules link TPS to other benefits: for example, USCIS says "Being granted and maintaining TPS status until a reasonable period before the filing of the asylum application is considered an extraordinary circumstance for the purposes of the one year filing deadline" (citing 8 CFR 208.4(a)(5)(iv)). Our page on the asylum one-year deadline explains that deadline.

Re-registration while the designation lasts. "Once you are granted TPS, you must re-register during each re-registration period to maintain TPS benefits." Failure to register "without good cause" within the required time is a withdrawal ground (8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.14(a)(3), 244.17). USCIS can accept a late re-registration for good cause. The country page lists each window.

Other grounds for withdrawal include a finding that the person was not in fact eligible or has become ineligible, a failure to remain continuously physically present, and a failure to register annually (8 CFR 244.14(a)). Leaving the country without advance consent "may result in the withdrawal of Temporary Protected Status" (244.15(b)), and a final order of deportation or exclusion against a person with TPS "shall constitute a withdrawal of such status" (244.18(a)).

Scams, legal help, and what a representative checks

TPS attracts scams because deadlines and fees are strict. USCIS warns that "unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms" and says only "an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice". Our pages on notarios and immigration lawyers and immigration scams explain how to check. Many DOJ-recognized non-profits serve TPS holders, and some charge nothing or only a low fee. See our page on free immigration legal help, the USCIS "Find Legal Services" page, and the EOIR List of Pro Bono Legal Service Providers.

Work on a TPS file typically involves:

  1. identifying which designation, re-registration window and continuous-residence date apply to the person's country;
  2. collecting identity, nationality, entry and residence evidence (the regulation lists acceptable documents in 8 CFR 244.9);
  3. checking criminal records against the felony and misdemeanour bars and the waivable grounds;
  4. working out which fees are due under the current notice and which can be waived, and whether the filing must go online or on paper;
  5. tracking the work permit's real expiry date against any Federal Register notice; and
  6. keeping the receipt notices that prove timely filing.

That list describes the work. It is not advice about any person's case.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

What is the TPS fee in 2026?

For first-time Form I-821 applicants it is $510 for fiscal year 2026 and $520 for requests postmarked on or after 16 October 2026, plus $30 for biometrics. Re-registration has no I-821 fee (8 CFR 106.2(a)(50); 91 FR 62540). The H.R. 1 fee for an initial TPS work permit is $560, rising to $570, on top of the regular I-765 fee. Check Form G-1055 before you pay.

Is TPS for Haiti still in effect?

The Federal Register notice of 28 November 2025 (90 FR 54733) terminates Haiti's designation effective 3 February 2026, and the notice itself refers to a federal district court. Whether any order affects it today is shown on the USCIS Haiti TPS page, not on this one.

What happens to my work permit if TPS ends for my country?

Work authorization based on TPS follows the status. USCIS says automatic extensions of TPS-based work permits have mostly been reduced or removed. The country's Federal Register notice and any individual USCIS notice say what applies to a given work permit.

Do I have to re-register for TPS?

Yes, during each re-registration period while the designation lasts. USCIS: "Once you are granted TPS, you must re-register during each re-registration period to maintain TPS benefits." Failing to register without good cause is a ground for withdrawal (8 U.S.C. 1254a(c)(3)(C)).

Can I travel with TPS?

Only with prior consent. 8 CFR 244.15(a): "The grant of Temporary Protected Status shall not constitute permission to travel abroad." USCIS warns that leaving without travel authorization may cost the person TPS and the ability to return.

Does TPS lead to a green card?

Not by itself. The regulation limits TPS to the benefits in the grant notice. The statute treats a TPS holder as maintaining lawful nonimmigrant status for adjustment purposes (8 U.S.C. 1254a(f)(4)), but whether that helps in a given case depends on the person's facts and is a question for an attorney or accredited representative.

Sources

Last checked 2026-10-10.

Related guides

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