US: El Salvador TPS – status remains until official decision

· WOWERI

El Salvador's TPS designation was due to expire on September 9, 2026, but DHS has not published a decision to extend or terminate it. DHS and USCIS say Salvadoran TPS holders retain protection, including work authorization, until an official announcement.

In brief

  • El Salvador TPS was due to expire on Sept 9, 2026; no DHS decision has been published.
  • According to DHS/USCIS, holders retain protection, including work authorization, until an official announcement.
  • There is no official I‑9 or E‑Verify guidance yet for the period after Sept 9 (per AILA as of Sept 10, 2026).

What to do

  1. Keep all current TPS documents (work permit, I‑94, USCIS letters).
  2. Regularly check the official USCIS TPS El Salvador page and the Federal Register.
  3. If a termination notice is published, check the effective date stated in it.
  4. Employers should watch USCIS I‑9 Central and E‑Verify updates and avoid decisions without official guidance; consult counsel if in doubt.
  5. Discuss in advance with a licensed immigration attorney whether you have other grounds for status.

What has changed in the El Salvador TPS status?

El Salvador's current TPS designation was due to expire on September 9, 2026, but the Department of Homeland Security (DHS) did not publish a decision to extend or terminate it by that date. DHS said an announcement will be made "at the appropriate time" and that until then individuals in the United States under temporary protected status (TPS) for El Salvador retain protection, including work authorization. On September 10 this message appeared on the USCIS and E‑Verify websites. It is not a formal extension, only an interim confirmation that protection continues until DHS decides.

Who is affected?

  • Salvadoran nationals in the U.S. with active TPS, including those holding employment authorization documents (EADs).
  • Their employers: there is no official I‑9 or E‑Verify guidance yet for the period after September 9, 2026 (per AILA as of September 10, 2026).
  • Immigration attorneys and counselors who need to advise clients on the current situation.

What does the law say?

Under INA §244(b)(3), a decision to extend or terminate TPS must be published at least 60 days before the designation ends; if no timely decision is made, the statute provides for a 6‑month extension. DHS has not officially announced any new dates. A termination, if announced, takes effect no earlier than 60 days after Federal Register publication (or the end of the current period, whichever is later).

What should you do now?

  1. Keep all current TPS documents (work permit, I‑94, USCIS letters).
  2. Regularly check the official USCIS TPS El Salvador page and the Federal Register.
  3. If a termination notice is published, check the effective date stated in it.
  4. Employers should watch USCIS I‑9 Central and E‑Verify updates and avoid decisions without official guidance; consult counsel if in doubt.
  5. Discuss in advance with a licensed immigration attorney whether you have other grounds for status.

What dates are important?

  • September 9, 2026 – end of the current El Salvador TPS period.
  • September 10, 2026 – DHS message on continued protection posted on the USCIS and E‑Verify websites.
  • If termination is announced: effective no earlier than 60 days after Federal Register publication.
  • DHS has not set new dates; any changes will appear on the USCIS website and in the Federal Register.

Original source

  • DHS statement on the USCIS website: USCIS – TPS El Salvador
  • AILA, Practice Alert: DHS Fails to Make an Official Determination on TPS for El Salvador: https://www.aila.org/practice-pointers-alerts/practice-alert-dhs-fails-to-make-an-official-determination-on-tps-el-salvador
  • Secondary source: Through the Immigration Lens.

*This material is for informational purposes only and does not constitute legal advice.*

What to do next

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Frequently asked questions

Does work authorization continue after September 9, 2026?

According to the DHS statement posted on the USCIS and E‑Verify websites, Salvadoran TPS holders retain protection, including work authorization, until an official announcement. There is no official I‑9 or E‑Verify guidance for this period yet, so watch for USCIS updates.

What happens if DHS terminates TPS?

By law, a termination takes effect no earlier than 60 days after the notice is published in the Federal Register (or the end of the current period, whichever is later). The exact date will be stated in the notice; status and work authorization continue until then. Discuss other possible status options with an attorney in advance.

Source: throughtheimmigrationlens.com

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