El Salvador TPS and Work Authorization: What Employers Need to Know

Author: Jacob M. Monty, Monty & Ramirez LLP 

Employers with Salvadoran employees working under Temporary Protected Status (TPS) are facing an unusual employment eligibility and Form I-9 compliance situation. El Salvador’s most recent formal TPS extension ran through September 9, 2026. The Department of Homeland Security (DHS) has not yet announced a new formal extension or termination of the designation.

In the meantime, U.S. Citizenship and Immigration Services (USCIS) currently states that an announcement regarding El Salvador TPS will be made at the appropriate time and that, until then, Salvadoran individuals present in the United States under TPS retain protection, including work authorization.

This begs the question: What do employers need to know about El Salvador TPS and work authorization? For employers, this means a September 9, 2026 date on an employee’s TPS-related documentation should not automatically be treated as proof that the employee is no longer authorized to work.

Employers should review current DHS and USCIS guidance and the employee’s documentation before completing reverification or taking employment action based on an apparent expiration of work authorization.

What Is Temporary Protected Status for El Salvador?

Temporary Protected Status is a humanitarian immigration designation established under federal law for eligible nationals of countries experiencing certain conditions that temporarily prevent their safe return.  While an eligible individual has TPS, federal law protects that individual from removal based on immigration status during the TPS period and provides employment authorization, allowing employers to hire these workers throughout the designation period.

El Salvador was originally designated for TPS in 2001 following two major earthquakes. The designation has since been extended multiple times. In January 2025, DHS extended El Salvador’s TPS designation for 18 months, from March 10, 2025 through September 9, 2026.

What Is the Current Status of El Salvador TPS?

As of this update, DHS has not announced a new formal extension or termination following the September 9, 2026 date. USCIS currently advises: “An announcement on El Salvador’s TPS will be made at the appropriate time. Until such announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection, including work authorization.”

This creates an important distinction for employers. Although USCIS continues to list September 9, 2026 as the formal “TPS Continued Through” date, the agency is also expressly advising that Salvadoran individuals currently present under TPS retain protection, including employment authorization, while further DHS action is pending. Employers should therefore avoid assuming that employment authorization ended solely because September 9, 2026 has passed.

Why Has El Salvador TPS Created Uncertainty?

Federal TPS law requires DHS to review conditions in a designated country before the expiration of a TPS designation and determine whether the statutory conditions for TPS continue to be met.

Under 8 United States Code § 1254a(b)(3), if DHS determines that the country no longer meets the conditions for TPS, it must publish notice terminating the designation. A termination generally cannot become effective earlier than 60 days after publication or, if later, the expiration of the most recent extension.

The statute also provides that if DHS does not determine that the country no longer meets the statutory conditions, the designation is extended for an additional six months, or for 12 or 18 months at the Secretary’s discretion.

The absence of a new formal DHS determination regarding El Salvador has therefore created uncertainty for TPS beneficiaries and employers alike regarding TPS and work authorization. Employers should monitor official agency guidance closely rather than attempting to independently determine the ultimate duration of El Salvador’s TPS designation.

Can Salvadoran TPS Holders Continue Working?

Current USCIS guidance states that Salvadoran individuals present in the United States under TPS retain protection, including work authorization, until DHS makes a further announcement. Employers should nevertheless distinguish between an employee’s underlying employment authorization and the documentation used to establish that authorization for Form I-9 purposes.

An expiration date printed on an Employment Authorization Document (EAD) does not always mean that employment authorization has ended. In the TPS context, DHS and USCIS may extend employment authorization or documentation through Federal Register notices or other applicable government guidance.

Employers should review the employee’s particular documentation together with current USCIS Form I-9 guidance before determining whether reverification is required.

Does an Expired TPS EAD Mean an Employee Must Stop Working?

Not necessarily. TPS-related EADs can remain valid beyond the expiration date printed on the card when DHS or USCIS provides an applicable extension.  The U.S. Department of Justice’s Immigrant and Employee Rights Section has specifically advised that a TPS EAD may be valid beyond its original expiration date when the government has extended the document.

Employers should therefore not rely exclusively on the date printed on a TPS-related EAD when determining whether a Salvadoran employee remains authorized to work. Instead, employers should determine whether applicable USCIS guidance, a Federal Register notice, an automatic EAD extension, a USCIS notice, or other acceptable documentation affects the employee’s continued employment authorization.

What Should Employers Do About Salvadoran TPS Employees?

Employers with Salvadoran TPS beneficiaries in their workforce should consider the following steps regarding work authorization.

1. Identify Potentially Affected Employees

Determine which employees rely on TPS-related documentation for employment authorization and whether any upcoming Form I-9 reverification dates are associated with those documents.

2. Check Current USCIS Guidance

TPS guidance can change quickly. Employers should review the USCIS El Salvador TPS page and applicable Form I-9 guidance before making decisions based on an expiration date.

3. Review Each Employee’s Documentation Individually

Different employees may have different EAD expiration dates, USCIS notices, pending applications, or other documentation affecting employment authorization. Employers should avoid assuming that every Salvadoran TPS beneficiary has identical documentation.

4. Do Not Request Specific or Unnecessary Documents

During the Form I-9 process, employees generally have the right to choose which acceptable documentation to present from the Lists of Acceptable Documents. Employers should not demand a particular document or request additional documentation solely because an employee is a Salvadoran national or TPS beneficiary.

Improper document requests based on citizenship, immigration status, or national origin may raise concerns under the Immigration and Nationality Act’s anti-discrimination provisions.

5. Be Cautious Before Taking Adverse Employment Action

Employers should not assume that a Salvadoran TPS beneficiary lacks employment authorization merely because an EAD or other TPS-related document displays a September 9, 2026 expiration date. Before suspending or terminating employment based on work authorization, employers should review current government guidance and determine whether the employee remains authorized to work.

6. Document the Compliance Process

Employers should maintain appropriate records concerning the government guidance relied upon when completing or updating Form I-9. Any notation or update to Form I-9 should follow the specific USCIS instructions applicable to the employee’s documentation rather than a generalized TPS procedure.

Why This Matters for Form I-9 Compliance

TPS creates a particularly important Form I-9 compliance issue because the expiration date appearing on an employee’s EAD may not always reflect the complete period during which the employee is authorized to work. The Department of Justice has addressed situations in which employers incorrectly rejected automatically extended TPS EADs or took employment action against TPS beneficiaries because the employer misunderstood the validity of their documentation.

At the same time, employers remain responsible for ensuring that TPS Salvadoran employees are authorized to work and for completing work reverification when federal law requires it. The appropriate approach is therefore neither to ignore expiration dates nor automatically treat them as proof that work authorization has ended. Instead, employers should review the applicable documentation and current government guidance before taking action.

Frequently Asked Questions About El Salvador TPS and Employers

Is El Salvador Still Protected by TPS?

USCIS currently states that an announcement regarding El Salvador TPS will be made at the appropriate time and that, until such an announcement is made, Salvadoran individuals present in the United States under TPS retain protection, including work authorization. USCIS continues to identify September 9, 2026 as the formal “TPS Continued Through” date. Employers should monitor USCIS and DHS for further announcements.

Can Salvadoran TPS Beneficiaries Continue Working After September 9, 2026?

Current USCIS guidance states that Salvadoran individuals present in the United States under TPS retain protection, including work authorization, until a further announcement is made.  Employers should review the employee’s individual documentation and current USCIS Form I-9 guidance when determining how to document continued employment authorization.

Has DHS Announced a New Expiration Date for Salvadoran TPS EADs?

As of this update, USCIS has not identified a new blanket EAD expiration date beyond September 9, 2026 on its El Salvador TPS page. Employers should not create or assume a new expiration date. Instead, they should follow the specific documentation and Form I-9 instructions issued by DHS and USCIS.

Does an Expired EAD Automatically Mean a Salvadoran TPS Employee Is No Longer Authorized to Work?

No. The expiration date printed on an EAD does not, by itself, always establish that employment authorization has ended. TPS-related EADs may be subject to extensions or other government guidance.  Employers should verify the applicable USCIS guidance before reaching a conclusion regarding continued work authorization.

Can An Employer Ask a TPS Employee For a Specific Immigration Document?

Employers generally may not specify which acceptable Form I-9 document an employee must present. Employers should follow the Form I-9 Lists of Acceptable Documents and applicable USCIS guidance.

Should Employers Reverify Salvadoran TPS Employees Now?

Reverification depends on the employee’s documentation and the applicable government guidance. Employers should review each case individually rather than applying a blanket reverification procedure to all Salvadoran TPS beneficiaries.

Employers Should Continue Monitoring El Salvador TPS

The current situation surrounding El Salvador TPS demonstrates why employers need a careful process for monitoring changes in immigration policy and employment authorization.

Employers should not assume that a facially expired TPS-related document means an employee has lost authorization to work. At the same time, employers should not independently assign a new expiration date that DHS or USCIS has not provided.

Instead, employers should rely on current government guidance, review each employee’s documentation, maintain appropriate Form I-9 records, and seek legal guidance when an employee’s work authorization is unclear.

Contact Our Team to Learn More About El Salvador TPS and Work Authorization and What It Means for Employers

Monty & Ramirez LLP advises employers on Temporary Protected Status, Form I-9 compliance, E-Verify, worksite enforcement, employment authorization, immigration audits, and related employment and immigration compliance matters.

Employers with questions regarding Salvadoran TPS employees, employment authorization, or Form I-9 compliance should consult experienced immigration counsel before taking employment action. Contact us today for guidance.