United States: USCIS Extends Certain El Salvador TPS EADs Through September 9
August 13, 2026
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At a glance
- USCIS is extending through September 9 work authorization for El Salvador Temporary Protected Status (TPS) beneficiaries who remain eligible for TPS but have not yet received renewal employment authorization documents (EADs).
- The agency is sending notices of the extension to affected beneficiaries.
The issue
USCIS is extending the validity of certain El Salvador Temporary Protected Status (TPS) employment authorization documents (EADs) through September 9, 2026, the date that the current designation for El Salvador is set to expire.
El Salvador TPS beneficiaries with a pending EAD renewal application should receive a USCIS notice in the mail or, if they have a myUSCIS online account, electronically.
Employment eligibility reverification of affected TPS beneficiaries
Employees with a pending El Salvador TPS-based EAD renewal application can present the following documents as proof of employment authorization:
- An EAD that has an expiration date of Mar. 9, 2025; June 30, 2024; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; Sept. 9, 2019; or Mar. 9, 2018; and
- The USCIS notice extending their EAD.
When completing Form I-9, employers are to enter September 9, 2026 as the expiration date of employment authorization along with a note in the “Additional Information” section of Form I-9. When completing a case in E-Verify, employers should enter September 9, 2026 as the expiration date.
Background
Employment authorization for Salvadoran TPS beneficiaries has been in flux for several weeks.
Employment authorization for TPS beneficiaries from El Salvador (as well as Ukraine and Sudan) with pending EAD renewal applications was due to expire on July 22, 2026, under recent government guidance interpreting various interacting policies and legal authorities, including the H.R.1 legislation passed in July 2025 (the One Big Beautiful Bill Act) that limited TPS EAD validity to one year; various TPS termination actions; and the maximum 540-day EAD auto-extension applicable to EAD renewal applications filed prior to October 30, 2025. Plaintiffs challenged the government’s retroactive interpretation of these policies, arguing that they impermissibly shortened TPS employment authorization previously granted to affected beneficiaries. The district court temporarily ruled in their favor on an emergency basis. However, on August 5, after further consideration, the court upheld the government’s interpretation and declined to enjoin the government from retroactively limiting TPS EAD validity for the affected foreign nationals.
Late on Wednesday, however, DHS took the unusual step of effectively reviving employment authorization for El Salvador, leading to the latest extension through September 9.
What’s next for El Salvador’s TPS designation
As noted above, El Salvador’s TPS designation is set to expire on September 9. It is not yet known whether DHS will reauthorize the program for eligible Salvadoran nationals.
Fragomen closely monitors TPS policy and will provide updates as more information becomes available.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
