Form I-821: Application for Temporary Protected Status — Overview
Nationals of designated countries use Form I-821, Application for Temporary Protected Status, to apply for or renew TPS in the United States. This guide covers TPS benefits, eligibility requirements, the application package, filing fees, and what to expect after you file.
About Temporary Protected Status
The U.S. Department of Homeland Security (DHS) may designate a foreign country for Temporary Protected Status when ongoing armed conflict, natural disasters, or other extraordinary conditions make it dangerous for that country's nationals to return home. Nationals of designated countries who are already present in the United States may then apply for TPS using Form I-821.
TPS is a form of temporary humanitarian protection. It is not an immigrant benefit and does not, by itself, provide a path to lawful permanent residence. It is also distinct from asylum status or refugee status. For a broader overview of paths to legal status available to immigrants in the United States, see our related guide.
Note: Form I-821 is specifically for Temporary Protected Status. If you are a DACA recipient requesting deferred action, you use a different application — Form I-821D. The two forms share a similar name but serve entirely separate programs.
Benefits of Temporary Protected Status
USCIS grants three primary protections to approved TPS beneficiaries during the active designation period for their country.
Authorized Stay in the United States
The most significant benefit of TPS is the right to remain lawfully in the United States throughout the designated period. DHS sets the initial designation period and may extend it if conditions in the home country have not improved. Some TPS designations have been extended multiple times, allowing beneficiaries to remain in the U.S. for many years.
Employment Authorization
TPS beneficiaries may apply for an employment authorization document (EAD), commonly called a work permit, to work legally in the United States. The EAD is not automatic. You must file Form I-765, Application for Employment Authorization, to request it. You may submit Form I-765 together with Form I-821 or at any point while your TPS is active.
Travel Authorization
TPS beneficiaries may travel outside the United States, but only with advance authorization. Since July 2022, USCIS issues Form I-512T, Authorization for Travel by a Noncitizen to the United States, for this purpose. Previously, USCIS issued an Advance Parole document for TPS travel. To request travel authorization, file Form I-131, Application for Travel Document.
Authorization is typically valid for multiple reentries, but you may not remain outside the United States for more than 90 days total. Departing without authorization or returning after the authorized dates may result in loss of TPS benefits.
TPS Eligibility Requirements
USCIS requires that all applicants meet each of the following criteria before filing Form I-821:
- Be a national of a country currently designated for TPS, or be a stateless person who last habitually resided in a designated country
- File during the open initial registration or re-registration period, or qualify for a late initial filing during an active TPS extension
- Have been continuously physically present (CPP) in the United States since the effective date of your country's most recent TPS designation
- Have been continuously residing (CR) in the United States since the date specified for your country
Limited exceptions exist for brief, casual, and innocent departures from the United States. You must disclose all absences from the U.S. since the required CPP and CR dates when you apply. USCIS determines whether the exception applies in your case.
Continuous Physical Presence (CPP)
The CPP requirement confirms you have been physically present inside the United States since the cutoff date designated for your TPS country. For example, at the time this guide was written, El Salvador's CPP date was March 9, 2001. CPP dates vary by country and may change when DHS modifies a designation. For current CPP dates by country, visit the USCIS Temporary Protected Status page.
Continuous Residence (CR)
The CR requirement is distinct from continuous physical presence. It confirms that you have been living in the United States since a specified date. For example, Ukraine's CR date at the time this guide was written was August 16, 2023. A person who arrived in the United States after that date would not meet the CR requirement for Ukraine. For current CR dates by country, visit the USCIS Temporary Protected Status page.
Disqualifying Factors
TPS beneficiaries may travel outside the United States, but only with advance authorization. Since July 2022, USCIS issues Form I-512T, Authorization for Travel by a Noncitizen to the United States, for this purpose. Previously, USCIS issued an Advance Parole document for TPS travel. To request travel authorization, file Form I-131, Application for Travel Document.
USCIS may deny TPS or terminate existing TPS if you:
- Have been convicted of any felony or two or more misdemeanors committed in the United States
- Are inadmissible under grounds in INA Section 212(a), including non-waivable criminal and security-related grounds
- Are subject to mandatory bars to asylum, such as participation in persecution or engagement in terrorist activity
- Failed to meet the CPP or CR requirements for your country
- Failed to register or re-register during the required period without good cause
Form I-821 Application Package
A complete Temporary Protected Status application includes Form I-821 and supporting documents to establish eligibility. Filing Form I-765 and Form I-131 at the same time is optional, but doing so is generally more efficient than filing them separately later.
| Item | Purpose |
|---|---|
| Form I-821 | Apply for or re-register for Temporary Protected Status |
| Form I-765 (optional) | Request an employment authorization document (EAD/work permit) |
| Form I-131 (optional) | Request travel authorization (Form I-512T) |
| USCIS filing fee | Amount varies; verify the current fee at USCIS.gov before filing |
| Two passport-style photos | Taken within 30 days of filing; must meet U.S. Department of State photo requirements |
| Identity and nationality evidence | Passport, birth certificate with photo ID, or national identity document showing photo and/or fingerprint |
| Entry date evidence | Passport, Form I-94, or similar document confirming your date of U.S. entry |
| Continuous residence evidence | Employment records, utility bills, school records, medical records, or similar documents covering the required CR period |
This table summarizes the core components of a TPS application. USCIS may require additional documents depending on your country designation and individual situation. Review the complete Form I-821 filing instructions before submitting.
Form I-821 Filing Fees
TPS application fees vary based on the type of filing (initial registration vs. re-registration) and the applicant's age. Separate fees apply for Form I-765 and Form I-131 if you file those at the same time.
Because USCIS adjusts its fee schedule periodically, verify current fee amounts on the USCIS Form I-821 page before submitting. Fee waivers may be available in limited circumstances — see our fee waiver overview for more information.
How to File Form I-821
USCIS accepts Form I-821 online and by mail. Specific filing addresses vary by country designation. Find country-specific instructions on the USCIS Temporary Protected Status page.
TPS Initial Registration
First-time TPS applicants must file during the open initial registration period for their country. USCIS may accept late initial filings during an active TPS extension, but applicants must still meet all eligibility requirements independently.
TPS Re-Registration
Current TPS holders must re-register during each re-registration window to maintain their protection. USCIS opens the re-registration period before the current designation expires. Filing late, even with good cause, may result in gaps in employment authorization. USCIS advises submitting a written explanation along with Form I-821 when filing after the deadline.
If you are considering a late filing or have any complications in your immigration history, consulting a qualified professional before submitting is advisable. CitizenPath can help you find an immigration lawyer in your area.
Form I-821 Processing Times
Processing times for Form I-821 vary based on USCIS workload, your country of designation, and whether you are filing an initial application or re-registering. Check the USCIS processing times tool for a current estimate specific to your situation.
When you file Form I-821 and Form I-765 together, USCIS generally processes both at the same time. Your employment authorization period will typically align with the approved TPS period.
Form I-821 Frequently Asked Questions
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