USCISJDSupra Immigration · 3 min read
USCIS 2026 Alert: Salvadoran TPS Work Authorization Extended Through September 9
USCIS is issuing Individual Notices to Salvadoran TPS holders extending work authorization through September 9, 2026, weeks after many EADs had already expired and some workers faced termination.
On August 11, 2026, USCIS quietly announced that certain Salvadoran Temporary Protected Status (TPS) beneficiaries whose Employment Authorization Documents (EADs) had expired could still demonstrate valid work authorization — by presenting their EAD alongside a newly issued Individual Notice. The update was distributed more broadly via email on August 12, 2026.
The notice targets Salvadoran TPS holders whose renewal EADs remain pending and whose prior EADs bore Category Codes A12 or C19 with specific expiration dates ranging from March 9, 2018 through March 9, 2025. USCIS will deliver these Individual Notices both by mail and electronically to those with a myUSCIS account. The notices serve as official proof of continued employment authorization through September 9, 2026.
The timing of the announcement is significant: it arrives after the prior automatic extension deadline of July 22, 2026, meaning some workers may have already been suspended or terminated by employers who could no longer verify their work authorization. USCIS has clarified that employers are not legally obligated to rehire terminated workers, though affected employees are encouraged to present the notice if and when they receive it.
For employers, the guidance emphasizes consistent treatment of similarly situated employees to avoid discrimination liability under the Immigration and Nationality Act. On Form I-9, employers should record the new expiration date as "Sept. 9, 2026" in both Section 1 and Section 2, add a note in the Additional Information box, and attach the USCIS notice. E-Verify cases should also reflect the updated September 9, 2026 expiration date.
While this update primarily affects Salvadoran TPS holders rather than EB-3 applicants directly, it underscores the importance of monitoring USCIS communications closely — particularly for immigrant workers whose employment authorization may hinge on timely agency notices that arrive late or through multiple channels.