Temporary Protected Status (TPS) is a federal designation that lets foreign nationals from designated countries live and work legally in the U.S. when their home country faces a crisis—war, disaster, or epidemic—that makes return unsafe. When TPS expires for a country, work authorization ends immediately, leaving hundreds of thousands of immigrants ineligible to legally hold a job unless they transition to another visa category before the deadline passes.
The Trump administration has terminated TPS for most countries since taking office. As of September 2026, El Salvador's TPS designation—which had protected over 200,000 people—is among those on the administration's termination list, according to USCIS. For affected TPS holders, the expiration creates an urgent choice: find a new legal status within the grace period, leave the country, or face undocumented employment and deportation risk.
Table of Contents
- Which TPS Designations Are Ending and When
- What Happens to Work Authorization and Immigration Status
- Legal Pathways to Stay and Keep Working
- What Employers Must Know and Do
- Resources and Your Next Steps
- Frequently Asked Questions
Which TPS Designations Are Ending and When
TPS terminations follow a formal timeline. The Department of Homeland Security must announce the end date at least 60 days in advance, giving TPS holders a grace period to either find new immigration status or prepare to leave.
Most TPS designations active in early 2026 have been terminated by the second Trump administration, according to Pew Research, leaving El Salvador, Venezuela, Haiti, Honduras, Nicaragua, and other nations affected. The grace period typically runs for six to 18 months after the termination date is announced. During this window, current TPS holders can still work legally while pursuing a permanent solution. Once the grace period closes, any person still in the U.S. without a new status cannot legally work or renew their driver's license in most states.
What Happens to Work Authorization and Immigration Status
TPS work permits (called Employment Authorization Documents, or EADs) are tied directly to the TPS designation. When TPS ends, the EAD automatically expires on the termination date—it does not extend beyond that, even if a TPS holder is in the middle of applying for another status. An expired EAD means an employer legally cannot keep the person on payroll.
TPS holders who do not transition to another visa before the grace period ends lose all lawful immigration status and become deportable, according to LGI Lawyers. This applies even to people who have lived, worked, and paid taxes in the U.S. for over a decade under TPS. Some may have U.S.-born children, mortgages, or jobs they have held for years—none of those facts override the legal expiration.
Legal Pathways to Stay and Keep Working
TPS holders have several options to avoid a gap in authorized status, though each has specific eligibility rules and timelines. The most direct routes are: The key constraint: **most of these pathways take time.** A green card through PERM can take five to ten years. An asylum case can take two to four years.
An employer-sponsored H-1B requires the employer to commit to the sponsorship and pass a labor certification. Applying during the grace period is essential; applying after the grace period ends and without status makes sponsorship legally risky for employers.
- **Green card sponsorship through an employer or family member.** This requires an employer to file an PERM labor certification (which can take years) or a qualifying family sponsor. Some TPS holders may already have these petitions in progress.
- **Asylum or protection claims.** TPS holders can file an affirmative asylum application (Form I-589) if they have fled persecution or fear it on return. This is separate from TPS and can result in asylum status or withholding of removal.
- **U visa or T visa.** If the person is a victim of human trafficking or a crime, they may qualify for a U visa (for crime victims) or T visa (for trafficking victims), which grant work authorization.
- **Change of nonimmigrant status.** Some TPS holders may qualify for H-1B, L-1, or other employment-based visa categories if an employer sponsors them.
- **Stay of removal through litigation.** Attorneys working with immigrant advocacy groups are pursuing legal challenges to the terminations themselves, according to CLINIC, though the legal timeline for these cases is slow.
What Employers Must Know and Do
Employers who keep TPS holders on payroll after their work authorization expires face significant liability—including fines up to $43,680 per violation and potential criminal charges for knowing hire of unauthorized workers, according to immigration counsel at Duane Morris. The federal I-9 verification system flags expired work permits, and employers cannot ignore this.
Responsible employers should: confirm the current expiration date for any TPS-based employee, notify them of the upcoming termination well in advance, explore visa sponsorship options if the employee is valuable to the business, and document the employee's immigration status requests to show good faith. Letting an employee work on an expired EAD, even out of compassion, is itself a federal violation.
Resources and Your Next Steps
TPS holders should start planning immediately and not wait until the grace period is nearly over. Document your work history, tax filings, and family relationships—these are evidence for applications to a new status. Consult with an immigration attorney at least three to six months before your TPS expires; free or low-cost legal help is available through immigrant advocacy organizations.
Fwd.us and CLINIC maintain updated TPS resources and legal clinics in many cities, and many nonprofits offer free consultations to TPS holders to explore options. If you are employed, ask your employer whether they are willing to sponsor a visa petition; if you have a U.S. citizen or lawful permanent resident family member, explore family-based immigration with an attorney. Do not assume expiration means immediate deportation—the system depends on detection, and documented status holders who fall out of status are typically lower priority than recent arrivals—but remaining in the U.S. without status does expose you to employment theft (employers refusing to pay), traffic stops, and eventual deportation.
Frequently Asked Questions
Can I stay in the U.S. after my TPS work authorization expires?
You can stay if you transition to another legal status (asylum, a new visa, green card sponsorship) before the grace period ends. After the grace period, staying without status makes you deportable, though enforcement varies. An immigration attorney can assess your options.
What if I have a U.S. citizen child or spouse?
A U.S. citizen spouse can sponsor you for a green card, though the process typically takes time. A U.S. citizen child cannot sponsor you until they turn 21. Consult an attorney to determine whether this option works within your TPS grace period.
Can my employer help me stay?
Yes, if the employer is willing to sponsor you for an employment-based visa (H-1B, L-1, EB-3) or green card. This requires the employer to commit resources and file paperwork months in advance. Start the conversation with your employer early.
What happens if I am deported?
Deportation removes you to your country of origin. Re-entering the U.S. after deportation is illegal and can result in a permanent bar to future immigration benefits. Consult an attorney before any removal hearing or deportation proceeding.