PolicyJDSupra Immigration · 3 min read
USCIS Alert: Salvadoran TPS Work Authorization Continues Past September 9, 2026 Deadline
USCIS confirmed on Sept 3, 2026 that Salvadoran TPS holders retain full protection and work authorization pending a formal DHS announcement on El Salvador's TPS designation.
On September 3, 2026, USCIS issued an alert confirming that Salvadoran nationals currently protected under Temporary Protected Status (TPS) retain their immigration protection and work authorization beyond the previously scheduled September 9, 2026 expiration date. The agency stated that a formal announcement regarding El Salvador's TPS designation will be made "at the appropriate time."
El Salvador's current TPS designation was last formally extended by a Department of Homeland Security Federal Register notice published on January 17, 2025, which covered an 18-month period from March 10, 2025 through September 9, 2026. During that period, eligible Salvadoran TPS holders were allowed to re-register and obtain new Employment Authorization Documents (EADs) bearing the September 9, 2026 expiration date.
For employers, USCIS had previously issued guidance allowing certain Salvadoran TPS beneficiaries with pending EAD renewals to use a USCIS-issued notice alongside their expired EAD as valid List A documentation for Form I-9 and E-Verify purposes, using September 9, 2026 as the employment authorization expiration date.
With no formal termination or new extension yet announced, affected employees and their employers should monitor the USCIS El Salvador TPS webpage and I-9 Central for updates. Employers should not take adverse action against Salvadoran TPS employees based solely on the lapsed September 9 date while this alert remains in effect.
For EB-3 applicants who hold or have transitioned from TPS status, this development underscores the importance of maintaining current work authorization documentation and tracking USCIS announcements closely as immigration policy continues to evolve in 2026.