Temporary Protected Status (TPS) — Form I-821

Two things changed fundamentally for TPS in 2025-2026: it costs roughly ten times more, and the designations themselves are in court. H.R.1 (the July 2025 reconciliation law) amended the statute that used to cap TPS registration at $50 — the fee is now $510, non-waivable, with stacked non-waivable EAD fees on top. Meanwhile DHS moved to terminate most active designations, and nearly every termination is tied up in federal litigation with conflicting orders. Both stories matter before you file anything.

Download the official form

USCIS publishes Form I-821 as a free PDF. Always download the current version directly from USCIS — third-party copies may be outdated.

Fees after H.R.1 — the real numbers

H.R.1 amended INA § 244(c)(1)(B), which had capped TPS registration at $50 since the 1990s. USCIS implemented the new fees for filings postmarked on or after July 22, 2025 ($500), with annual inflation adjustments — $510 for postmarks on or after January 1, 2026 (90 FR 52693).

ItemCost (postmarks on/after Jan 1, 2026)Waivable?
Form I-821 — initial registration (H.R.1 fee)$510❌ Never
Form I-821 — re-registration$0—
Biometrics (age 14+)$30✅ Form I-912
Form I-765 EAD — agency fee$520 paper / $470 online✅ Form I-912
H.R.1 EAD fee — first work permit$560❌ Never
H.R.1 EAD fee — renewal$280❌ Never

What that means in practice:

  • First-time applicant with work permit: $510 + $30 + $520 + $560 = ~$1,620 by paper — and even a granted I-912 fee waiver only removes the agency portions, leaving $1,070 that cannot be waived. Before July 2025 the same package cost about $545, most of it waivable.
  • Re-registration with EAD renewal: $0 + $520/$470 + $280 = ~$750-800, of which $280 survives any fee waiver.
  • The H.R.1 fees and agency fees must be paid separately — a single combined check gets the package rejected. Follow the G-1055 fee schedule and USCIS Fee Calculator exactly.

⚠️ The designation map is in court — check before filing

During 2025-2026, DHS terminated or moved to terminate TPS designations for Venezuela (2021 and 2023), Haiti, Honduras, Nicaragua, Nepal, Burma, Ethiopia, South Sudan, and Lebanon’s designation was extended — and nearly every termination drew immediate federal litigation:

  • The Supreme Court allowed the Venezuela 2023 termination to take immediate effect (October 3, 2025); certain EADs issued by February 5, 2025 remain valid until October 2, 2026.
  • Haiti, Burma, Ethiopia, and South Sudan terminations are currently stayed or postponed by district-court orders that DHS is contesting.
  • Honduras, Nicaragua, and Nepal terminations were vacated by a district court, but the 9th Circuit stayed that ruling in February 2026, signaling the government is likely to win on appeal.

The practical rule: a court order keeping a designation alive can dissolve with one appellate ruling. Verify your country’s status the same week you file — at USCIS TPS and our per-country TPS pages, and re-verify before paying any fee.

EAD validity: 1 year maximum

H.R.1 capped TPS EAD validity at 1 year (or the remaining designation period, whichever is shorter), down from up to 18 months — per 8 U.S.C. 1803(c) and 1811(a), implemented by the April 2026 interim final rule. Combined with the $280 + agency renewal cost, budget for an annual renewal cycle and file at least 90 days before expiration to avoid work-authorization gaps.

Who qualifies

To qualify for TPS, you must:

  • Be a national of a country DHS has designated for TPS (or a stateless person who last habitually resided there)
  • Have been continuously physically present in the US since the designation’s effective date
  • Have been continuously residing in the US since the date specified for your country
  • File during a designated registration period (initial window or each re-registration period)
  • Not be inadmissible under specific criminal or national security grounds

Each designation’s dates and conditions live in its Federal Register notice — the authoritative source.

How to file

TPS is filed online (for current designations) or by mail to the USCIS Lockbox designated for your country and case type. The Form I-821 page lists the correct address per filing type — confirm it on the day you mail.

Required documents:

  • Form I-821 (signed)
  • Identity and nationality evidence: passport, national ID, birth certificate (with certified English translation where applicable)
  • Date-of-entry evidence: I-94 record, entry stamps
  • Continuous-residence evidence: rent receipts, utility bills, school and employment records covering each required period
  • Fees as in the table above (separate payments for agency and H.R.1 fees) — or Form I-912 for the waivable portions only

Re-registration

TPS does not auto-renew. Each country has periodic re-registration windows announced in Federal Register notices. Missing the window can end your TPS even while the designation survives — late re-registration requires demonstrating good cause. Our Federal Register monitor and per-country pages track these windows.

What TPS does — and does not — let you do

AllowedNot allowed by TPS alone
Stay in the US during the designation periodSponsor relatives for green cards
Receive an EAD (Form I-765)Petition family for derivative TPS
Apply for TPS travel authorization (Form I-131)Adjust status under INA § 245(a) (Sanchez v. Mayorkas, 2021)
Pursue other immigration benefits you qualify forStay if the designation is terminated and courts allow it

On travel: leaving the US on TPS requires advance travel authorization requested on Form I-131 — and given the litigation landscape, get individualized legal advice before any trip; a terminated designation while you’re abroad is a serious re-entry problem.

Current USCIS processing times

USCIS publishes the time in which 80% of cases complete, per form, category, and office. The table below renders from our automatically maintained copy of the official data — always verify against the live system before relying on a deadline.

USCIS processing times — I-821

The time in which 80% of cases complete, by category and office. Data from the official USCIS system (2026-07-11) · verify live

CategoryOffice80% complete within
El Salvador InitialService Center Operations (SCOPS)16.5 Months
El Salvador Re-registrationService Center Operations (SCOPS)13.5 Months
Somalia InitialService Center Operations (SCOPS)15 Months
Sudan InitialService Center Operations (SCOPS)6.5 Months
Ukraine InitialService Center Operations (SCOPS)21.5 Months
Ukraine Re-registrationService Center Operations (SCOPS)15 Months

Authoritative sources

Last verified: 2026-06-10. General procedural information for educational purposes. Not legal, tax, or immigration advice. TPS designations, litigation status, and fees change rapidly — verify current details directly with USCIS before acting. For case-specific guidance, consult a licensed immigration attorney or BIA-accredited representative.