Can I Have Temporary Protected Status and a Nonimmigrant Work Status at the Same Time?
Yes. In many cases, a person can have Temporary Protected Status, commonly called TPS, approved while also maintaining a nonimmigrant work status such as H-1B, H-2B, L-1, O-1, E-2, or TN status.
In fact, the Immigration and Nationality Act specifically provides that a person cannot be required to give up an existing nonimmigrant status as a condition of receiving TPS. The law also states that granting TPS is not inconsistent with granting nonimmigrant status.
However, having both TPS and a nonimmigrant work status requires careful planning. The two protections operate independently, and maintaining one does not necessarily preserve the other.
TPS Does Not Automatically Cancel Your Work Status
Suppose you are working in the United States in H-1B, H-2B, L-1, O-1, E-2, or TN status and you become eligible for TPS. Applying for and receiving TPS does not, by itself, cancel your existing nonimmigrant status.
USCIS similarly explains that registering for TPS does not prevent someone from applying for or maintaining a nonimmigrant status.
This means that you may be able to keep your nonimmigrant work status while also receiving the additional protection and employment authorization available through TPS.
You Must Continue Following the Rules of Your Work Status
The important catch is that TPS approval does not automatically extend or preserve your underlying nonimmigrant status.
To remain in both statuses, you must continue complying with the requirements of your nonimmigrant classification. Depending on the classification, those requirements may include:
- Working only for the petitioning employer;
- Performing the job described in the approved petition;
- Working at the authorized location;
- Maintaining the required employer-employee relationship; and
- Obtaining a timely extension or amended petition when required.
Nonimmigrant workers are admitted for a specific temporary purpose and are subject to conditions on their stay. Many employment classifications require an employer to file and maintain an approved petition for the worker.
For example, an H-1B worker who remains employed under the terms of the approved H-1B petition may be able to maintain H-1B status while also holding TPS. However, if that worker leaves the H-1B employer and begins working somewhere else solely on the basis of a TPS employment authorization document, the worker may remain authorized to work under TPS but may no longer be maintaining H-1B status.
Does Using a TPS Work Permit End My Nonimmigrant Status?
Not necessarily.
The existence or use of a TPS Employment Authorization Document does not automatically terminate a nonimmigrant work status. The more important question is whether the person continues to comply with the underlying status.
A TPS beneficiary is authorized to work during the TPS period and may obtain an Employment Authorization Document.
However, a TPS work permit generally provides broader employment authorization than an employer-specific classification such as H-1B, H-2B, L-1, O-1, or TN. Taking a second job, changing employers without the required petition, or stopping the employment that supports the nonimmigrant status could cause the person to lose that underlying status—even though the person may remain lawfully protected and authorized to work through TPS.
TPS Does Not Extend Your I-94
Another common misunderstanding is that TPS approval automatically extends the expiration date of a person’s nonimmigrant stay.
It does not.
Your nonimmigrant status is generally connected to your Form I-94, petition approval, and compliance with the terms of the classification. TPS is a separate protection. If your nonimmigrant status expires or is violated while your TPS remains valid, you may continue to have TPS, but you may no longer have the underlying work status.
This distinction can become important when applying for an extension of status, changing employers, pursuing permanent residence, or planning international travel.
For the limited purposes of adjustment of status and change of status, the TPS statute and regulations treat a TPS beneficiary as being in and maintaining lawful nonimmigrant status while TPS remains valid. That special rule does not mean that TPS automatically recreates or extends an expired H-1B, H-2B, L-1, O-1, E-2, TN, or other classification for every immigration purpose.
Be Careful Before Traveling
International travel should also be reviewed carefully.
A person with TPS generally must obtain the appropriate TPS travel authorization before leaving the United States. At the same time, a person who wants to preserve a nonimmigrant work classification must consider the visa, petition, passport, admission, and employment requirements that apply to that classification.
Do not assume that receiving TPS travel authorization will automatically preserve every benefit of your underlying work status. Travel strategy should be reviewed before departure, not after the person is already outside the United States.
One More Important Distinction: Visa Versus Status
A visa stamp in a passport is not the same thing as immigration status inside the United States.
The visa is generally a document used to request admission at a port of entry. Your status after admission is normally reflected on your Form I-94. It is therefore possible to have an unexpired visa stamp but no longer be maintaining the corresponding status—or to have valid status even though the visa stamp has expired.
The Bottom Line
Yes, TPS and a nonimmigrant work status can coexist. TPS approval does not automatically require you to surrender H-1B, H-2B, L-1, O-1, E-2, TN, or another nonimmigrant status.
The real issue is whether you continue to satisfy the independent requirements of that work classification.
Before changing employers, accepting additional employment, relying on a TPS work permit, allowing an I-94 to expire, or traveling internationally, it is important to determine which status you are maintaining and how the proposed action may affect each immigration benefit.
Because the best strategy depends on the person’s classification, employment history, I-94, TPS designation, travel plans, and long-term immigration goals, an individualized review can help prevent an accidental loss of status.
This article provides general information and is not a substitute for legal advice regarding an individual immigration matter.