Temporary Protected Status for El Salvador in Limbo

September 10, 2026

Temporary Protected Status for El Salvador was scheduled to expire on September 9, 2026. With that date having passed, and with DHS failing to extend or terminate the designation, those in TPS from El Salvador (and their employers) are left with questions.

No Formal Guidance from DHS

Acknowledging that the deadline to extend or terminate TPS for El Salvador had passed, a DHS spokesperson only provided that an additional announcement will come “at the appropriate time,” and that until then Salvadoran TPS holders retain protection. Late on September 9, USCIS updated its El Salvador TPS page to confirm that the designation and TPS-based work permits remain valid until further notice.

That is a reprieve for roughly 170,000 to 200,000 people. It is not a legal determination, and the difference matters for anyone trying to document status.

Automatic Extension of Protections

Under INA § 244(b)(3), the Secretary had to decide at least 60 days before expiration — here, by July 11, 2026. Nothing was published. Section 244(b)(3)(C) provides that absent a timely termination determination, the designation extends automatically for six months.

Employment Complications

USCIS’s August 12 and September 3 I-9 Central alerts both told employers that the TPS designation would terminate on September 9th, and to enter that date in Sections 1 and 2 of the Form I-9 and in E-Verify. Employers who complied now have a workforce whose documented authorization expired yesterday, and only a government spokesperson and updated website saying otherwise. Meanwhile, the earlier 540-day EAD auto-extension ended March 9, 2026, and the September 3 notice extended certain expired A-12 and C-19 EADs only through September 9. Despite the government spokesperson confirming that protections remained in place for now, employees needing reverification may have no formal documentation of work authorization.

TPS for Other Countries

TPS for Sudan and Ukraine are both scheduled to expire October 19, 2026, with the same EAD extension guidance and the same passed determination deadline. It would be reasonable to expect that the government’s handling of those expirations will follow a similar pattern.

If you hold Salvadoran TPS, you are protected for now, but a six-month extension runs only to roughly March 2027. This is the window to evaluate family, employment, or asylum-based options on your specific record. If you have any questions, you can contact our office to speak with an attorney.

September 11, 2026

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