Eligible internationals can apply for Temporary Protected Status. To learn more about the eligibility and application process, check out the following blog post:
Related blog post: Are F-1 international students eligible for TPS?
TPS-approved noncitizens might wonder if they need to apply for a student visa, F-1, to study in the United States. This blog post will look at what are the options for TPS nonimmigrants.
Contents
Case study scenario
Q: I am a citizen of Myanmar (Burma) who is currently living in the States under the Temporary Protected Status (TPS) program due to the ongoing conflicts and coups back in my country. My question is, If I were to apply for college at the moment, do I need to get myself an F-1 visa?
Answers based on the regulation
To understand available options for internationals with TPS, it is important to remember that TPS is not a visa, rather, it is a “status.” More specifically it is a “temporary” status.
USCIS’s TPS page states that “registration for TPS does not prevent you from:
- Applying for nonimmigrant status
- Filing for adjustment of status based on an immigrant petition
- Applying for any other immigration benefit or protection for which you may be eligible
With this in mind, let’s take a look at two options for TPS beneficiaries who would like to pursue higher education in the United States.
Option 1: Apply for an F-1 visa
First of all, the TPS beneficiary can choose to obtain an F-1 visa and hold both TPS and F-1 visa to start/continue their studies in the United States. Generally, the process would look like the following:
- Receive the I-20 from the college/university
- File the change of status by submitting Form I-539, Application to Extend/Change Nonimmigrant Status to change the current visa (not TPS) to an F-1 visa
- Maintain TPS and F-1
One of the biggest pros of option 1 is that students can legally stay and study even if the TPS ends. If the student decides to do so, it is important to remember that:
- The individual must meet the F-1 visa rules while studying which include the…
- Full-time requirement
- To learn more check out the following post: International students, be aware not to go “out of status”
- Employment rules (the student must go through CPT or OPT to be authorized to work off campus)
- To learn more about CPT, check out the CPT allows internship for international students in USA
- To learn more about OPT, check out the Must-know 4 eligibility for student visa OPT
- Full-time requirement
- If the individual travels internationally, they must choose between a TPS or F-1 visa during immigration at the border
- The Customs and Border Protection officials only allow nonimmigrants to enter with one status.
Similarly, nonimmigrants whose TPS has been approved can apply for other nonimmigrant visas that include a B2 tourist visa (Note that B2 visa holders cannot study in the United States).
Option 1 is recommended for internationals who would like to go for the professional program (JD and/or medical programs) as the student may be asked to provide a valid visa and TPS may not be eligible for those professional programs.
Option 2: Study with TPS
Second of all, the student can choose to study with TPS and not apply for F-1. This allows the TPS individual to not be subjected to F-1 visa rules.
For example, unlike F-1 students who must find positions that are directly related to their majors, TPS individuals who obtained an EAD card can work for any employer regardless of their majors.
Furthermore, TPS students can work on and off campus and the “up to 20 hours per week” does not apply to them as they are not F-1 students.
One of the downsides of studying as a TPS beneficiary includes that TPS is temporary which could end earlier than the student’s study. In this case, the EAD card that is approved based on the TPS status will go invalid and the student no longer can engage in the employment.
Also, since most international student advisors on campus are required to provide advice on F-1 and J-1 visas only, TPS students may not find enough campus resources to assist them with immigration matters.
To learn more about country-specific TPS-related questions, check out the following resources:
- Frequently Asked Questions for Burmese: https://www.uscis.gov/sites/default/files/document/outreach-engagements/Temporary_Protected_Status_for_Burma-Questions_and_Answers.pdf
- Frequently Asked Questions for Haitians: https://www.uscis.gov/sites/default/files/document/questions-and-answers/Temporary_Protected_Status_TPS_for_Haiti_Questions_and_Answers.pdf
As you can find in the FAQ documents, since TPS is not a visa, TPS holders can travel to another country but they must submit “Form I-131, Application for Travel Document, and obtain a travel document before they travel outside the U.S.”
