2021 Information

In September 2021, in response to preliminary injunctions, the U.S. Department of Homeland Security announced extensions to temporary protected status (“TPS”). The extensions also apply to employment authorization and I-94 Forms. The extensions for the I-94 and I-797 Forms apply to temporary protected status beneficiaries, who timely filed applications during the re-registration periods. The federal register notice, published on 10 September 2021, also includes guidance for employers regarding the criteria to prove a temporary protected status beneficiary’s eligibility to work.

Importantly, these changes apply to temporary protected status beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. On 22 September 2021, the Department of Homeland Security published a notice to correct information in the 10 September 2021 notice regarding terminating the 2011 Haiti TPS designation. According to the 22 September notice, the Department of Homeland Security will not terminate Haiti’s 2011 designation for temporary protected status until reversals become final in Saget, et al. v. Trump, et al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) and Ramos, et al. v. Nielsen, et al., No. 18-cv–01554 (N.D. Cal. Oct. 3, 2018).

General Information about Temporary Protection Status

U.S. law authorizes the Department of Homeland to designate nationals from some countries to apply for temporary protected status. Additionally, stateless persons, from nations designated by the Department of Homeland Security, may also apply for temporary protected status. Therefore, U.S. Citizenship and Immigration Services will consider statelessness as a factor when reviewing an application for temporary protected status. See 3 USCIS-PM K.4 (section E).

Filing Process and Fees

Eligible foreign nationals may apply for temporary protected status by filing the I-821 Form with U.S. Citizenship and Immigration Services. As an option, a noncitizen may file the application online or by paper. In January 2025, U.S. Citizenship and Immigration Services updated the fee list (G-1055 Form) for applications . Before filing the application with USCIS, attorneys and unrepresented noncitizens should review the fee list to determine the correct fee.