As of September 18, 2026, Temporary Protected Status (TPS) for El Salvador remains unresolved. The designation was scheduled to terminate on September 9, 2026. However, the Department of Homeland Security (DHS) has issued no formal Federal Register notice extending or terminating the designation.
The current USCIS position creates a serious workforce compliance issue. USCIS states that Salvadoran individuals present in the United States under TPS “retain protection including work authorization” until a further announcement. At the same time, prior USCIS guidance directed employers to record September 9, 2026, as the expiration date for certain TPS-based Employment Authorization Documents (EADs).
Approximately 170,000 Salvadoran TPS holders are affected. Employers must address this uncertainty carefully. Employees should not be terminated solely because a TPS-based EAD appears expired on its face.
What Happened to El Salvador TPS?
El Salvador received TPS in 2001 following devastating earthquakes. More than 200,000 Salvadorans initially received protection. Approximately 170,000 beneficiaries remain in the United States under the designation.
DHS extended the designation through September 9, 2026. The extension covered eligible Salvadoran TPS beneficiaries who timely re-registered and continued to meet the statutory requirements.
Before the September 9 deadline, USCIS issued updates concerning certain A-12 and C-19 EADs. Those updates extended qualifying EADs through September 9, 2026. USCIS instructed employers to enter that date in the applicable Form I-9 expiration fields and in E-Verify.
On September 3, 2026, USCIS updated its El Salvador TPS page with the following alert:
“An announcement on El Salvador’s TPS will be made at the appropriate time. Until such announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection including work authorization.”
The alert did not announce a formal extension or termination. It also did not provide a new universal EAD expiration date or complete Form I-9 instructions for the period after September 9.
Why the Statutory Process Matters
Section 244 of the Immigration and Nationality Act, codified at 8 U.S.C. § 1254a, establishes a process for continuing or terminating TPS.
Under the statute:
- DHS must review a TPS designation at least 60 days before its expiration.
- DHS must publish a timely Federal Register notice announcing the decision.
- A termination cannot take effect less than 60 days after the required notice.
- If DHS does not make a decision, the designation is automatically extended for at least six months.
The public record does not contain a Federal Register notice terminating or extending El Salvador TPS as of September 18, 2026. The absence of a formal notice, combined with the USCIS statement that protection and work authorization continue, has created substantial uncertainty.
The American Immigration Council’s September 11 analysis describes the situation as a legal limbo. The analysis also reports that some employers have already terminated Salvadoran employees because the employees’ work permits appear expired.
That response creates additional legal risk.
What Employers Must Know About Form I-9
Employers must distinguish between an EAD’s printed expiration date and the federal government’s instructions concerning automatic extensions or continued authorization.
USCIS previously identified qualifying EADs in categories A-12 and C-19. For certain employees with pending TPS-based renewal applications, USCIS issued notices extending the EAD through September 9, 2026. The employee could present the qualifying expired EAD together with the USCIS notice as List A documentation.
USCIS directed employers to:
- Enter September 9, 2026 in the applicable Form I-9 expiration fields.
- Record the relevant extension information in the Form I-9 Additional Information field.
- Use September 9, 2026, as the employment authorization expiration date in E-Verify.
- Follow the specific instructions associated with the employee’s EAD category, card expiration date, and USCIS notice.
The August 12, 2026 USCIS update addressed certain pending renewal cases. The USCIS I-9 Central resources provide the employer-facing framework for automatic EAD extensions.
The September 3 USCIS alert, however, did not clearly instruct employers to enter a new date after September 9. Employers should not independently invent a later expiration date in Form I-9 or E-Verify.
Recommended Employer Response
Employers should adopt a documented, neutral process while awaiting formal DHS and USCIS guidance.
1. Identify affected records without making new status inquiries
Review existing Form I-9 records for employees whose employment authorization was recorded under TPS-related EAD categories A-12 or C-19.
Do not ask employees whether they are Salvadoran, whether they have TPS, or whether they are from a particular country. Employers must use existing I-9 information and apply the same process consistently.
2. Preserve the existing documentation
Maintain copies of applicable USCIS notices and retain a record of the USCIS alert in the company’s compliance file. If appropriate, document the alert and the company’s legal review in the Form I-9 Additional Information field without altering prior entries improperly.
Employers should not backdate, erase, or rewrite completed Form I-9 sections. Any correction must comply with standard Form I-9 correction procedures.
3. Do not unilaterally extend the expiration date
The USCIS statement that TPS holders retain work authorization does not itself provide a new date for every Form I-9 or E-Verify record.
Employers should not replace September 9, 2026, with a later date unless DHS, USCIS, or another controlling authority provides a specific instruction establishing that date for the employee’s documentation.
4. Consider a short, documented pause before adverse action
A temporary pause on termination or suspension may be appropriate while the employer obtains legal guidance and monitors official agency updates. The pause should be documented and applied consistently to similarly situated employees.
This approach does not authorize an employer to disregard Form I-9 requirements. It allows the employer to avoid immediate adverse action based solely on an unresolved government notice problem.
5. Avoid selective reverification
Form I-9 reverification must not be applied selectively to employees who appear foreign, speak with an accent, or have foreign-sounding names.
The anti-discrimination provisions of the Immigration and Nationality Act, including INA § 274B, 8 U.S.C. § 1324b, prohibit discriminatory treatment in hiring, firing, recruitment, referral, and employment verification practices.
Document abuse also creates liability. An employer may not demand a specific document, require more documents than necessary, or reject valid documentation because of an employee’s national origin.
Before terminating or suspending a Salvadoran TPS employee, the employer should consult an immigration lawyer or business immigration attorney.
Guidance for Salvadoran TPS Workers
Salvadoran TPS holders should preserve all immigration and employment records, including:
- Current and expired EADs.
- USCIS extension notices.
- Form I-797 notices.
- Evidence of a pending Form I-765 renewal.
- Evidence of timely TPS re-registration.
- Copies of prior Form I-821 and Form I-765 filings.
- USCIS account notices and case-status records.
A worker should not provide a new document unless the employer makes a lawful and properly timed reverification request. An employer cannot require the employee to present a particular document or demand a passport when another valid document is acceptable.
Workers who face termination, suspension, or refusal to accept valid documentation should obtain individualized advice from an immigration lawyer. TPS is a temporary humanitarian protection, and alternative immigration options may exist depending on the person’s family relationships, employment, entry history, prior applications, criminal record, and humanitarian circumstances.
What Employers Should Monitor
Employers and HR departments should monitor the following sources:
- The USCIS El Salvador TPS page.
- USCIS I-9 Central.
- The Federal Register.
- USCIS E-Verify and SAVE updates.
- Formal DHS announcements concerning TPS termination, extension, or automatic continuation.
The September 16, 2026 Ogletree Deakins analysis confirms the central compliance issue: Salvadoran TPS beneficiaries retain protection and work authorization under the USCIS alert, while employers continue to face uncertainty regarding the September 9 date recorded for Form I-9 and E-Verify.
Employer-focused guidance from WR Immigration also emphasizes the importance of following specific USCIS instructions for qualifying A-12 and C-19 EADs rather than making independent assumptions.
Final Takeaway
The El Salvador TPS situation is not a routine expiration event. DHS has not issued the formal Federal Register notice that would clearly terminate or extend the designation. USCIS has stated that Salvadoran TPS holders retain protection, including work authorization, pending a further announcement.
Employers should not treat the September 9 date as an automatic basis for termination. They should also not independently create new Form I-9 expiration dates. A neutral, documented compliance process, careful preservation of USCIS notices, and prompt legal review are necessary.
Blasingame Law LLC assists employers, HR teams, and workers with I-9 compliance, workforce compliance, TPS, employment verification, and business immigration matters. With more than 30 years of immigration law experience, our firm provides practical guidance when government instructions are incomplete or conflicting. Contact Blasingame Law LLC to schedule a consultation or learn more about our business immigration solutions.
This article provides general information as of September 18, 2026. It does not create an attorney-client relationship and is not a substitute for legal advice regarding a specific employee, Form I-9, E-Verify case, or immigration history.
