Understanding Temporary Protected Status and Where it Stands

Temporary Protected Status (TPS) continues to evolve as the Department of Homeland Security (DHS) reviews country designations and courts weigh in on the agency’s authority to terminate protections.  

Recent TPS terminations, court challenges and agency guidance have created uncertainty for employers and foreign nationals navigating changing work authorization requirements. 

As the TPS landscape continues to shift, Jennifer Yeaw, Managing Attorney, breaks down frequently asked questions, explains recent developments and highlights what employers and affected individuals should know moving forward.

What Is Temporary Protected Status? 

TPS is a temporary humanitarian immigration benefit that allows eligible nationals of designated countries to remain and work in the U.S. when conditions in their home country prevent a safe return. DHS may designate a country for TPS due to armed conflict, environmental disasters or other extraordinary and temporary conditions.  

Individuals granted TPS may: 

• Remain lawfully in the U.S. during the designation period; 
• Apply for employment authorization; 
• Obtain a Social Security number and work authorization documentation; and 
• Be protected from removal while TPS remains in effect. 

TPS does not provide a direct pathway to lawful permanent residence or U.S. citizenship. 

Additionally, TPS designations are temporary and may be extended, redesignated or terminated by DHS depending on evolving conditions in the designated country.

Why Has TPS Been in the News? 

Over the past 18 months, DHS has moved to terminate TPS designations for several countries while courts have reviewed challenges to those decisions. 

As a result, TPS beneficiaries, employers and immigration professionals have had to navigate a series of agency announcements, court orders and temporary extensions affecting work authorization and employment eligibility verification requirements. 

While some TPS designations have been terminated, others remain subject to ongoing litigation, making it important for employers to stay informed about the latest developments. 

Employer Obligations and I-9 Reverification Considerations 

Employers should closely monitor TPS-related developments and maintain processes for tracking employees who rely on TPS-based work authorization. When a TPS designation is terminated, an automatic extension expires or a TPS-related Employment Authorization Document (EAD) is no longer valid, employers may need to complete Form I-9 reverification to confirm an employee’s continued authorization to work in the U.S.  

To remain compliant, employers should: 

• Maintain accurate records of employees’ work authorization expiration dates; 
• Monitor DHS, USCIS and E-Verify guidance for changes affecting TPS beneficiaries; 
• Reverify affected employees when required under Form I-9 rules; and 
• Ensure reverification is conducted consistently and without discrimination. 

Because TPS-related developments can change quickly, employers and foreign nationals should regularly review USCIS, DHS and Envoy Global updates for the latest country-specific guidance.

Current TPS Landscape 

The TPS landscape has shifted considerably, with a number of major policy and legal developments reshaping the program. The information below reflects the current state of TPS as of mid-October 2026.

TPS Designations Recently Terminated 

Recent DHS actions and related court proceedings have resulted in the termination of TPS protections for several countries, including: 

• Afghanistan 
• Burma (Myanmar) 
• Cameroon 
• Ethiopia 
• Guinea 
• Haiti 
• Honduras 
• Liberia 
• Nepal 
• Nicaragua 
• Sierra Leone 
• Somalia 
• South Sudan 
• Syria 
• Yemen 
• Venezuela 

Employers with affected workers should review current work authorization documents and determine whether Form I-9 reverification is required. 

Active TPS Designations: 

• El Salvador
• Lebanon
• Sudan
• Ukraine

Frequently Asked Questions about TPS

What happens if a TPS designation is terminated? 

DHS must publish a termination notice with an effective date typically 60 days from the date of publication. Please note that ongoing litigation can impact the effective date and grace period. Once TPS ends, the TPS holder is no longer protected from removal based on the TPS alone.

Can TPS holders switch to a different work visa or immigration status? 

Yes, if they are eligible for another category. We highly advise seeking an assessment from immigration legal counsel to explore possible options.

Does ending TPS affect pending visa or green card applications?

Options here are case-specific. A TPS holder may still be able to pursue permanent residency if they have alternative eligibility not based on the TPS category that was terminated.  

Does TPS count as lawful status? 

While an individual is protected under TPS, they are in a “lawful” status and authorized to stay in the U.S. and/or pursue alternative immigration status pathways if eligible.  

Looking Ahead: What Employers Should Watch 

Recent TPS changes highlight how quickly employment authorization rules can shift when DHS policy changes intersect with ongoing litigation. Employers with workers from TPS-designated countries should: 

• Monitor USCIS and E-Verify announcements; 
• Review Form I-9 records when TPS guidance changes; 
• Track employment authorization expiration dates; and 
• Stay alert for additional country-specific TPS updates to ensure compliance.

About Envoy Global

TPS can provide critical protection and work authorization for eligible foreign nationals, but country designations, extensions and terminations can change frequently due to evolving conditions. As a result, employers may need to navigate work authorization tracking, compliance considerations and alternative immigration options for affected employees.