How TPS Designations Work
TPS designations are made by the Department of Homeland Security for a set period. Before that period ends, the designation must be reviewed and either extended, redesignated, or terminated.
The government is required to announce its decision in advance, but the timeline may still leave individuals with a limited window in which to act.
Do You Automatically Lose Status When a Designation Ends?
In most cases, yes. Once a designation officially ends, TPS-based work authorization and protection from removal end with it unless the individual has separately obtained another status, such as:
- Asylum
- A family-based petition
- Adjustment of status through another route
At Konare Law, the first thing we do when a client’s TPS designation is at risk is a full status review — we do not wait for a designation to end before looking for a second footing. We map out every parallel form of relief the client may already qualify for, whether that is a pending or approvable family petition, an independent asylum claim, an employment-based option, or an adjustment path, so that if TPS ends the client is not left without a status.
Because TPS decisions increasingly move through the courts and can change on short notice, we counsel clients to treat their TPS as temporary in fact as well as in name, and to start exploring alternatives early rather than at the last minute.
What Are Your Options If a Designation Ends?
- Potential options may include:
- Exploring eligibility for asylum if there is an independent fear of persecution
- Exploring family-based or employment-based petitions that may already be in progress or newly available
- Reviewing whether any pending applications provide a bridge to another status
- Consulting an attorney about deadlines related to litigation or policy changes affecting the designation
Steps to Take Before TPS Ends
Because options can be time-sensitive, it is generally best to review potential alternatives well before an announced end date rather than waiting until the designation is close to expiring.
Frequently Asked Questions
How will I know if my country’s TPS designation is ending?
The Department of Homeland Security publishes official announcements in the Federal Register before a designation’s expiration, extension, or termination.
Will I automatically lose my work authorization?
In most cases, yes, unless you have separately obtained another qualifying status before the TPS designation ends.
Can I switch to another status before TPS ends?
It depends on your individual circumstances. Some TPS holders qualify for other immigration benefits and may be able to pursue them proactively.
What if I have held TPS for many years?
The length of time a person has held TPS does not, by itself, create a path to a green card. This is why many long-term TPS holders explore other options at the same time.
Speak With an Immigration Attorney
TPS is in an unusually active period right now. The Department of Homeland Security has moved to end designations for several countries, and some of those decisions have gone all the way to the Supreme Court—including recent rulings that allowed protections to be terminated. Because a country’s designation can change with limited notice, anyone relying on TPS should confirm the current status of their specific country designation and speak with an attorney before making decisions.
For guidance, contact Konare Law at (833) 888-0417.
