TPS Immigration Lawyer in Orlando – Temporary Protected Status | RPatel Law

What qualifies as a “specialty occupation”?

To be considered a specialty occupation, a job must meet one of the following criteria:

• Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position;

• The degree requirement for the job is common to the industry, or the job is so complex or unique that it can be performed only by an individual with a degree;
  

• The employer normally requires a degree or its equivalent for the position; or
  

• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
  

To be eligible for TPS, you must

• Be a national of a country designated for TPS or a person without nationality who last habitually resided in the designated country;

• File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation (Late initial filers see ‘Filing Late’ section below)

• Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country
  

• Have been continuously residing (CR) in the United States since the date specified for your country. (See your country’s TPS web page to the left). The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual, and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.