USCIS Confirms Salvadoran TPS Holders Retain Protection and Work Authorization Pending Formal Announcement
Updated: 12 hours ago
WASHINGTON, September 13, 2026 — Salvadoran nationals protected under Temporary Protected Status (TPS) in the United States will retain their immigration protection and work authorization for now, U.S. Citizenship and Immigration Services (USCIS) has confirmed, easing immediate fears for approximately 170,000 beneficiaries.
The confirmation, posted on September 9, 2026 on USCIS's El Salvador TPS designated country page, states:
"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 statement replaces earlier guidance that TPS and related benefits were "set to terminate" on September 9, 2026, and follows a September 3 update indicating that Employment Authorization Documents (EADs) issued under the El Salvador TPS designation would remain valid through that date.
Key Facts at a Glance
Aspect | Details |
Affected Population | Approximately 170,000 Salvadoran TPS beneficiaries |
EAD Extension | TPS-based EADs extended through September 9, 2026 |
Current Status | Protection and work authorization retained pending announcement |
Legal Basis | DHS must publish formal termination in Federal Register; otherwise TPS auto-extends six months |
Affected EAD Categories | A-12 and C-19 |
Legal Context: Why TPS Has Not Automatically Ended
Under federal TPS law, the Department of Homeland Security (DHS) must formally terminate a country's designation and publish that decision in the Federal Register. If DHS does not determine that the country no longer meets TPS requirements, the designation automatically extends for an additional six months — or a longer 12- or 18-month period at DHS's discretion.
As of September 10, 2026, DHS had not published a formal termination decision for El Salvador, meaning beneficiaries continue to retain their protections while the government prepares its formal announcement.
Immigration attorneys have noted that the situation does not equate to immediate deportation, as TPS termination requires a 60-day notice period.
What This Means for Employers and Form I-9
Employers should note that employees with qualifying TPS-based EADs may still present proof of continued employment authorization. According to USCIS guidance, affected employees may present:
An EAD with an expiration date on or after March 9, 2026, and before September 9, 2026; and
The USCIS notice extending their EAD
When filling out Form I-9, employers must record "Sept. 9, 2026" in both Section 1 and Section 2, and include a note in the Additional Information box. For E-Verify cases, employers should use "Sept. 9, 2026" as the expiration date from the Form I-9.
Employers are encouraged to retain copies of the USCIS alerts and El Salvador TPS webpages with affected Forms I-9 and to consult with immigration counsel for case-specific guidance.
Uncertainty Remains for Beneficiaries
Despite the reassurance, immigration advocates have raised concerns about the lack of a formal Federal Register notice and clear guidance on the duration of continued protection.
"An alert is not a Federal Register notice. This is not the process that immigration law requires of the administration. What they are publishing is an announcement that legally communicates nothing — because what people and employers need to know is until what date they have employment authorization and until what date they retain protection against arrest and deportation."— Yanira Arias, Alianza Américas
The exact period for which protection will continue has not been specified. DHS has indicated that a formal announcement on El Salvador's TPS will be made "at the appropriate time."
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Quick Reference Summary
Aspect | Details |
Current Protection Status | Retained pending formal DHS announcement |
Work Authorization | Retained |
EAD Extension Date | September 9, 2026 (extended) |
Possible Auto-Extension | 6 months if no formal termination published |
Affected EAD Categories | A-12, C-19 |
Form I-9 Entry | "Sept. 9, 2026" |
Next Step | Formal DHS announcement expected |
Official Resources
Resource | Link |
USCIS – El Salvador TPS Designated Country Page | |
E-Verify – TPS El Salvador Update (Sept 3, 2026) | |
USCIS – Form I-9 Central | |
Federal Register |
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