Temporary Protected Status (TPS) for El Salvador is scheduled to terminate on September 9, 2026, ending a designation that has been in place since 2001. El Salvador’s designation, first issued after two major earthquakes in 2001, is now the oldest continuously active TPS designation. Approximately 170,000 Salvadorans currently hold TPS in the United States. This termination creates urgent obligations for practitioners, employers, and beneficiaries with only days to respond.
What changed
On August 12, 2026, U.S. Citizenship and Immigration Services (USCIS) released an update confirming that the TPS designation of El Salvador and related benefits are set to terminate on September 9, 2026. USCIS is sending notices to El Salvador TPS recipients who continue to be eligible for TPS but haven’t received renewal EADs with category codes A-12 or C-19 and whose TPS-based EAD application is still pending, informing them that their expired TPS-based EADs are extended until September 9, 2026.
When completing the “Expiration Date (if any)” fields on Form I-9, input in Section 1 and Section 2 “Sept. 9, 2026” along with a note in the Additional Information box. USCIS will send the notices by mail and electronically to those who have a myUSCIS account.
However, federal law requires the Department of Homeland Security to decide whether to extend or terminate a designation at least 60 days before it expires. If no determination is made, TPS automatically extends for six months. For a September 9 termination to take effect, the administration would have needed to publish a notice in the Federal Register in July.
Why it matters
Loss of TPS status means loss of work authorization and deportation protections for beneficiaries who lack an alternative legal status. Once TPS protection ends, a TPS holder will revert back to his or her previous immigration status. For those without legal status in the U.S., they will return to an undocumented status and potentially be subject to removal proceedings.
More than 152,000 currently participate in the workforce, primarily in construction, transportation, manufacturing, maintenance, food service and other essential industries. The data also show that more than 150,000 U.S.-citizen children have at least one parent with Salvadoran TPS.
For employers: You must update Form I-9 records with the September 9, 2026 expiration date. After that date, you cannot legally employ beneficiaries unless they present new valid work authorization or you conduct E-Verify reverification with a valid status.
For practitioners: Many beneficiaries have built lives here over 25 years. You may have legitimate alternative relief arguments—family-based petitions for those with U.S.-citizen relatives, asylum claims if country conditions warrant, cancellation of removal for certain undocumented beneficiaries, or other discretionary relief. The window to investigate and file is narrow.
Way forward
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Immediate (this week): Check myUSCIS accounts and mail for USCIS EAD extension notices. Confirm your clients have valid documents through September 9 in hand.
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Before September 9: Consult an immigration attorney to evaluate alternative pathways—family-based petitions, asylum, U visa (crime victim witness status), T visa (trafficking victim), or cancellation of removal. Gather and organize documentation of U.S. residence since 2001, employment history, family ties, and any pending applications.
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For employers: Review Form I-9 records for all Salvadoran TPS-based employees. Update expiration dates to September 9, 2026, attach the USCIS alert and notice, and prepare for post-termination verification or separation.
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For beneficiaries without alternative relief: Consult counsel on stay-and-defend litigation. Some practitioners are challenging terminations in federal court; outcomes remain uncertain after the June 2026 Supreme Court decision upholding termination authority.
Disclaimer
This article is provided for informational purposes only and is not legal advice. Fola.com is a software and educational platform, not a law firm. Immigration law is complex, outcomes depend heavily on individual facts, and policy can change without notice. You must consult a licensed immigration attorney to evaluate your own situation, verify current guidance against the primary source linked above, and determine the best strategy for your case.