Studying on Temporary Protected Status (TPS): When and Why to Apply for F-1 Status
Authors: Dan Berger, L. Batya Schwartz Ehrens, Meghan Brady-Fuchsman - Cornell Law School
This guide is written for students who currently have Temporary Protected Status (TPS) and are considering whether changing to F-1 visa could provide additional protection as TPS designations end or are terminated. The information and questions below provide relevant background on TPS which can help you better understand your options.
General Background on TPS and Other Statuses
TPS is a special status which can coexist with other types of nonimmigrant statuses. Because this guide is written for students, it focuses on the F-1 status which is often readily available to many students. That said, as briefly discussed below, TPS holders may have other options that they should also explore with an immigration attorney.
TPS cannot be denied on the basis of an existing immigration status, nor are TPS holders required to relinquish their nonimmigrant status as a condition of TPS. For example, an F-1 student may apply for and hold TPS in addition to their student visa status. Likewise, a TPS holder may apply for and hold other nonimmigrant statuses, such as F-1, while maintaining TPS.
Additionally, a TPS holder is considered to be in a period of authorized stay, and under current USCIS policy, may be treated as maintaining nonimmigrant status for the purposes of filing a Change of Status (COS) application. COS allows persons to obtain their nonimmigrant status in the United States without leaving the country. Although TPS is not a traditional nonimmigrant visa classification, USCIS policy permits TPS holders to seek COS while TPS remains valid, subject to discretion and eligibility requirements.
However, if TPS expires before an individual files their COS application, they are generally no longer considered to be maintaining nonimmigrant status for COS purposes. While late applications can be excused, specific conditions must be met and the ultimate decision by USCIS to excuse the late filing is discretionary.
While TPS is by its very name temporary and can be terminated or expire without renewal, TPS beneficiaries receive advance notice of any termination or expiration. Initial TPS designations must announce an expiration date, and any terminations cannot go into effect for 60 days, providing ample time to file a COS application. If a TPS holder seeks to pursue an education in the United States, they generally will have a period of time before their TPS status expires in which to apply for COS while still considered eligible under USCIS policy.
Work Authorization and Dual Status
For TPS beneficiaries wishing to apply for and hold both TPS and other statuses simultaneously, there are some additional factors to consider. To hold both statuses simultaneously, an individual must maintain both statuses and comply with the requirements of each status. This directly affects an individual’s ability to work while in the United States. TPS holders are eligible for work authorization for the duration of their status.
F-1 students, for example, are only permitted to engage in specific types of employment authorized under F-1 regulations. Therefore, some employment authorized under TPS may not be permitted under the F-1 rules, and engaging in such employment may jeopardize F-1 status even if the employment itself is authorized under TPS. There are some kinds of work that are permissible under TPS but would violate F-1 status; and an individual who engages in such work may jeopardize their F-1 status.
Similarly, H-1B beneficiaries are typically limited to working for a single employer, while TPS holders are permitted to work for multiple employers. As such, though TPS beneficiaries may technically hold both statuses, they must make sure that they abide by the H-1B requirements. Unlike F-1, persons need an employer to sponsor them for an H-1B. For students, this may be a pathway available in the future when they are closer to graduating, or when they are completing Optional Practical Training (OPT).
Q: Can TPS holders study in the United States without changing to F-1 student status?
Yes. TPS holders are permitted to study full-time or part-time in the United States. It is not strictly necessary to obtain F-1 status to enroll in school while TPS is valid.
Q: Why would someone with TPS still want F-1 status?
While TPS allows you to remain in the US temporarily, and TPS holders are permitted to study full or part-time, TPS status can expire or be terminated. If that happens, you may be left without any protections from removal. Obtaining F-1 student status can provide independent underlying protection, allowing you to remain lawfully in the U.S. as a student even if TPS ends, as long as you continue to maintain F-1 status. Importantly, TPS beneficiaries are permitted to apply for and hold F-1 status while simultaneously maintaining TPS. You do not have to give up TPS to apply for or maintain F-1 status.
Q: What is an H-1B status, and is this also an option for TPS holders?
An H-1B visa is a temporary work visa for professionals in specialty occupations that typically require at least a bachelor’s degree or equivalent. To qualify, a U.S. employer must agree to sponsor the worker for full-time employment. While students may not be eligible for an H-1B right away, they can begin planning now to meet the requirements in the future. For more information about the H-1B, see this resource.
Q: Are there other options besides F-1 and H-1B statuses?
Yes. TPS holders may have many other legal statuses to explore, including other nonimmigrant visas and, in some cases, lawful permanent residence through family-based, humanitarian, or employment-based pathways. TPS holders should consult with a qualified immigration attorney to fully understand their options.
Q: Why is this an urgent issue right now?
TPS has expanded significantly during the last decade. In early in 2025 there were over 1 million people on TPS. It is likely that tens or even hundreds of thousands are students or prospective students, who now face losing their TPS protections as multiple TPS designations have recently been terminated or are set to end, and current policy signals further reductions. The option of changing from TPS to an F-1 student status is more important than ever.
Q: What are some of the challenges students in TPS face?
Many Designated Student Officials (DSO) who typically oversee international students’ maintenance of F-1 status have never worked with TPS holders. Additionally, many immigration lawyers have not done a change of status (COS) from TPS to F-1. Lastly, perhaps most importantly, many USCIS officers who process changes of status to F-1 have limited experience with applications to change status from TPS-to-F-1 which can lead to improper requests for evidence or denials. TPS is slightly different from other changes of status applications, since if approved, the applicant maintains the TPS protections, while also changing into F-1 status.
Q: How can having TPS and F-1 status affect my ability to work in the US?
TPS allows broad work authorization, while F-1 permits only limited, highly regulated employment. An individual who holds both statuses may work pursuant to TPS-based work authorization, which authorizes unrestricted employment. However, to maintain F-1 status, the individual must continue to comply with all F-1 requirements, including maintaining a full course of study. Employment authorized by TPS does not count as F-1 employment, and actions that violate F-1 rules, such as failing to maintain enrollment, can result in loss of student status even if TPS work authorization remains valid.
Change of Status (COS) from TPS to F-1
Q: What is a “change of status”?
A COS allows a person already in the U.S. to request a move from one nonimmigrant classification to another (for example, from TPS-based authorized stay to F-1 student status) without leaving the country. Generally, nonimmigrants may change their status to another nonimmigrant (temporary visa) classification from within the U.S. as long as they have been maintaining nonimmigrant status, or are otherwise considered eligible under USCIS policy, were lawfully admitted, and meet the requirements of the requested classification.
Q: What does USCIS look at when deciding a change of status?
Admission and Maintenance of Status
USCIS generally requires that the applicant must be in status at the time of filing their application for change of status (COS), and also was lawfully admitted into the United States. Maintenance of status and admission are two very important concepts in immigration law. Since TPS is a humanitarian status, some people on TPS have had gaps in status before TPS was granted, or may have entered without inspection, which is not considered a valid admission. Persons with TPS who have traveled after July 1, 2022, and re-entered the US with a travel authorization document are generally considered to have a lawful admission, while travel prior to that date is generally considered to be only a parole entry unless USCIS determines otherwise.
Example 1: Pierre from Haiti
Pierre came to the US on a B-2 tourist visa from Haiti after the earthquake in January 2010 when he was a minor (under 18 years old). His authorized B-2 stay expired in July 2010. In October 2010, after his authorized B-2 stay had already expired, Pierre applied for TPS, which was granted in 2011. Pierre is now over 18 years old and is a full-time student at a university while in TPS. TPS for Haiti will end February 3, 2026.
Q: Can Pierre, who originally entered on a tourist visa, but had a gap in status, file for a COS to F-1 Status?
Pierre had a valid “admission” to the United States in January 2010 when he entered using his B-2 tourist visa. However, there was a gap in status from July 2010 (six months after entering) and 2011 when his TPS was granted, during which he accrued unlawful presence. Note that in other changes of status situations, simply filing an application to change status does not trigger the accrual of unlawful status. However, TPS is slightly different in that there may be a gap in status prior to TPS approval, even though TPS later places the individual in a period of authorized stay. USCIS could deny the change of status saying that the student has not continuously maintained status since admission. USCIS has discretion to excuse maintenance of status under exceptional circumstances (as explained below), but those decisions are inconsistent and fact specific.
Q: What if I entered without inspection?
Example 2: Maeva from Cameroon
Consider Maeva from Cameroon who came to the US with her family in 2020. She and her family flew to Brazil, and crossed the US/Mexico border as an entry without inspection (EWI). In July 2022, they applied for and received TPS when President Biden designated Cameroon for TPS. Maeva is not a university student. She filed for a change of status from TPS to F-1 in the summer of 2025, before TPS for Cameroon ended. She was not admitted to the US, since she entered without inspection, nor did she maintain status between 2020 and 2022 when she received the TPS, so she is not eligible for a change of status to F-1.
Q: Can TPS Travel Authorization Impact Eligibility for COS to F-1?
Entering without inspection usually means that there was no valid admission, which generally precludes eligibility for change of status. However, USCIS policy currently recognizes that subsequent entry to the US pursuant to TPS-authorized travel may be treated as admission for certain circumstances. If Maeva had applied for a TPS travel authorization document, departed the US, and reentered, her most recent entry may be considered an admission under current USCIS policy. This policy is subject to change and approval of a subsequent COS remains discretionary. Travel-based strategies carry risk and must be evaluated carefully with counsel.
Q: What risks should I be aware of if I am considering traveling and seeking re-entry via a travel document?
A TPS travel document does not guarantee re-entry. CBP can still deny admission at the airport or border. Additionally, USCIS policies may change in the future. Furthermore, even with a valid re-entry, USCIS may make mistakes, or decide not to exercise discretion since approval for re-entry is discretionary and not guaranteed (see below for exceptional circumstances). If a change of status from TPS to F1 is denied, then it is worth talking to an immigration lawyer to consider whether a motion to reopen or reconsider, or a federal court challenge may be appropriate.
TPS and the Travel Ban
Q: What if I am from a country subject to a Travel Ban?
Some TPS holders are citizens of countries subject to a travel ban. USCIS announced in December 2025 that it will not process applications for individuals from travel ban countries. If this policy continues, TPS holders may have to go to court also in a process called “mandamus” to push USCIS to adjudicate their TPS application.
Q: Can USCIS still approve a change of status if I didn’t maintain status?
Sometimes.
For those who have not continuously maintained status since their last entry, USCIS may excuse failure to maintain status when 1) the delay to file was due to extraordinary circumstances beyond the applicant’s control, 2) the applicant has not otherwise violated the conditions of status, 3) the applicant still has temporary or nonimmigrant intent (discussed more below), and 4) the applicant is not in removal proceedings.
F-1 Eligibility and Intent
Specific requirements for F-1 status include showing that the student: 1) has a residence in a foreign country which they do not intend to abandon, 2) is a bona fide student seeking to pursue a full course of study, and 3) intends to stay in the United States for the primary purpose of that study.
F-1 students are supposed to have “nonimmigrant intent” which means that they do not intend to remain in the United States indefinitely at the time of their entry as a student. Under the US Immigration and National Act, most (but not all) temporary or nonimmigrant visas have this requirement. For F-1 students, this can be complicated because many young adults do not know where they will end up long term. Also, immigration officers may assume that someone who has been in the US for many years, like those with TPS, will want to stay here. For example, if the student has started a green card process, that is often a negative factor.
Q: How can young people prove nonimmigrant intent and show that they will leave the U.S.?
This is often misunderstood. The law requires present nonimmigrant intent, not a detailed life plan. Uncertainty alone is not a reason to deny F-1 status. Strong documentation and careful legal guidance is necessary because the government guidance recognizes that young people:
- May not have strong financial ties;
- May not know where they will live long-term;
- Are not expected to fully explain future plans years in advance.
The best guidance we have is from the State Department, which recognizes this uncertainty. It may be helpful to use this guidance to respond to any questions relating to nonimmigrant intent.
The Foreign Affairs Manual (FAM) is used as instructions for consular officers who are adjudicating visas. 9 FAM 402.5-5(E)(1)(b) recognizes that:
[a]djudicating student visa applications differs from those of other short-term visitors in that the residence-abroad requirement should be looked at differently. Typically, students lack the strong economic and social ties of more established visa applicants, and they plan longer stays in the United States. The statute assumes that the natural circumstances of being a student do not disqualify the applicant from qualifying for a student visa. You should consider the applicant's present intent in determining visa eligibility, not what they might do after a lengthy stay in the United States….
Given that most student visa applicants are young, they are not expected to have a long-range plan and may not be able to fully explain their plans at the conclusion of their studies….
The fact that a student’s proposed education or training would not appear to be useful in their homeland is not a basis for refusing an F-1 or M-1 visa.
Q: On what other basis might USCIS deny my COS application to F-1?
Ultimately, COS decisions by U.S. Citizenship and Immigration Services (USCIS) are discretionary. A number of additional issues may arise in considering a COS application to F-1. One issue is that of preconceived intent. USCIS may deny a COS application if they detect that the applicant had concealed their true purpose for entering the United States when initially applying for a visa. Courts have held that entering on a tourist visa, and then rapidly enrolling in school and applying for change of status to F-1 can be evidence of preconceived intent that tourist never planned to enter the US to be a tourist, but rather applied for a tourist visa with the intention to change status to F-1 shortly after arriving. Therefore, applicants must show that they did not have preconceived intent to become a student when they first entered the United States or obtained another status, such as TPS.
Q: What if USCIS hasn’t decided my case by my program start date?
Another issue arises if the COS application is not approved by USCIS by the program start date listed on the I-20 form (Certificate of Eligibility for Nonimmigrant Student Status), which is required to apply for an F-1 visa. When this happens, the applicant must request that the program start date be deferred before the start date listed on the I-20; failure to do so invalidates the F-1 application and renders the applicant ineligible for COS.
Q: What if USCIS denies my COS application?
If a change of status is denied and filing an administrative appeal or motion to reconsider is not appropriate, then the student has the option of booking a visa appointment at a US consulate abroad to apply for an F-1 visa stamp. That option should be considered carefully with an immigration attorney to consider any questions that might arise related to nonimmigrant or temporary intent. It should be noted that some TPS holders are citizens of countries subject to a travel ban and may have great difficulty in receiving an approved visa from abroad especially if there are country or personal conditions preventing them and their families from returning. For other TPS holders, it would be logistically impossible or unfeasible to return. Applying through consulates in other countries other than their own as Third Country Nationals may be possible in some cases, but should be considered carefully with immigration counsel to assess the risks.
Q: What if my home country is subject to enhanced security vetting?
USCIS may subject applications filed by nationals of certain countries to additional security screening and background checks. These processes are not publicly defined and can significantly delay adjudication of Form I-539 change-of-status applications, including TPS-to-F-1 filings.
What this means in practice:
- You may still file, but USCIS may take many months, or longer, to adjudicate your case.
- Delays can occur even if you are otherwise eligible.
- If your TPS expires while the application is pending, you may face legal uncertainty depending on your specific circumstances.
- This risk is particularly significant for TPS holders who do not have another underlying lawful status once TPS ends.
Q: What happens if I timely file my COS, but my TPS expires while my case is still pending?
Consider this example: “I filed my F-1 change of status six months before my TPS end date. USCIS issued a receipt but did not take further action. My TPS expired while the case was still pending. My school deferred my start date twice, and I am still waiting for a decision.”
This situation is not a denial, but it can be just as disruptive. Individuals who may be subject to extended security vetting should consult an immigration attorney before filing to plan for delays and identify backup options.
Conclusion
TPS beneficiaries may apply for a change to F-1 status while remaining in the United States which can provide an independent basis to remain in the United States if TPS later expires or is terminated. While a TPS holder may seek F-1 status during the TPS validity period, eligibility to change status after TPS ends is limited and highly fact-specific, particularly where there are prior admission issues or gaps in status. Accordingly, any TPS holders who wish to pursue full-time study in the United States should consider applying for COS as early as practicable to reduce the risk of falling out of status. TPS holders should also be screened by their immigration attorney for other possible immigration solutions including employment-based, family-based or humanitarian relief, as TPS is temporary and does not provide a long-term or permanent pathway to remain in the United States.