Quick Hits
- TPS protection for El Salvador was previously scheduled to end on September 9, 2026, but USCIS has not announced a formal extension, termination, or blanket EAD auto-extension date beyond the current alert.
- Salvadoran individuals present in the United States retain their TPS protection, including work authorization, pending a further announcement.
On January 17, 2025, the U.S. Department of Homeland Security (DHS) published a Federal Register notice extending El Salvador’s TPS designation for eighteen months, from March 10, 2025, through September 9, 2026. The notice allowed eligible existing Salvadoran TPS beneficiaries to retain TPS through September 9, 2026, if they continued to meet eligibility requirements, and established a re-registration period from January 17 through March 18, 2025. DHS stated that USCIS would issue new employment authorization documents (EADs) with a September 9, 2026, expiration date to eligible beneficiaries who timely re-registered and applied for employment authorization.
USCIS also issued employer-facing guidance for certain Salvadoran TPS beneficiaries whose TPS-based EAD renewal applications remained pending. Qualifying employees could receive a USCIS notice extending an expired TPS-based EAD through September 9, 2026, and could present that notice with the expired EAD as List A documentation for Form I-9 purposes. USCIS instructed employers to use September 9, 2026, as the employment authorization expiration date for Form I-9 and E-Verify purposes.
USCIS’s current alert states that Salvadoran individuals present in the United States under TPS retain protection, including work authorization, pending a further announcement. Substantive updates are expected to be published on the USCIS El Salvador TPS webpage and the USCIS I-9 Central webpage for Form I-9 Related news.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.
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