USCIS is sending E-Verify warnings that 150,000 Salvadorans with TPS face work permit expiration on Sept. 9, 2026 — but DHS was supposed to announce last month whether it was extending TPS for El Salvador beyond September, and it didn’t. So according to federal law, that means it’s supposed to issue an automatic six-month extension. The tension between these two positions creates real confusion for practitioners and employers trying to determine whether work authorization actually lapses on that date.
What changed
The Temporary Protected Status (TPS) designation of El Salvador and related benefits are set to terminate on Sept. 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, that their expired TPS-based EADs are extended until Sept. 9, 2026, the end of the El Salvador TPS designation.
The E-Verify alert treats Sept. 9 as a hard deadline. But DHS was supposed to announce last month whether it was extending TPS for El Salvador beyond September — and it didn’t. So according to federal law, that means it’s supposed to issue an automatic six-month extension.
This mirrors what happened with Haiti TPS. USCIS spent July using the E-Verify notification system to tell employers that Haitian TPS-based work permits were set to expire in a matter of days, all when the government knew full well it didn’t have the authority to actually revoke them yet. TPS for Haiti was set to expire in February, but when a lower-court judge blocked the termination, work permits were automatically valid until that lower-court order was canceled.
Some other TPS holders — including Salvadorans — have work permits that have been auto-extended because of a separate ongoing lawsuit challenging some of USCIS’ recent changes to work permits.
Why it matters
The question isn’t academic. If an automatic statutory extension applies to El Salvador TPS (or if litigation stays the termination), then work authorization remains valid beyond Sept. 9, 2026, and USCIS’s alert is premature. Practitioners advising clients on I-9 reverification, filing timelines, and work authorization status need to know which scenario is operative.
For employers, the stakes are immediate: Form I-9 expiration dates in Section 2, E-Verify entries, and reverification deadlines all depend on whether Sept. 9 is truly the end date or whether statutory or judicial relief extends it. Entering the wrong date in E-Verify or failing to reverify on the correct schedule can create compliance exposure.
For Salvadoran TPS holders and their counsel, it’s a matter of retaining work authorization and status stability. If an automatic extension or litigation stay applies, a client with a pending EAD renewal has more time to see adjudication. If not, work authorization lapses while the case is still pending — forcing potential job loss and re-reverification issues even if a renewal is later approved.
Way forward
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Monitor the statutory deadline. Verify whether DHS has issued or announced a post-Sept. 9 TPS extension for El Salvador. Check the USCIS TPS El Salvador page and DHS announcements regularly.
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Track ongoing litigation. There is a separate ongoing lawsuit challenging some of USCIS’ recent changes to work permits that may affect Salvadoran beneficiaries. Subscription to the National TPS Alliance or immigration law updates is essential.
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Advise clients on dual contingencies. For clients with pending EAD renewals, prepare for both scenarios: work authorization through Sept. 9, 2026, or an extended date if the law or courts provide relief. Document the source (USCIS notice, court order, or statutory extension) and be ready to reverify.
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Update Form I-9 and E-Verify carefully. When completing reverification for El Salvador TPS holders, enter Sept. 9, 2026 as the expiration date unless and until USCIS or a court provides a later date. Include a note in the Additional Information field flagging the potential for statutory or judicial extension.
Disclaimer
Fola is a software company, not a law firm, and this article is not legal advice. Consult a licensed immigration attorney to evaluate your specific circumstances, obligations, and filing strategy. Policy can change without notice; verify all information against the primary source linked above and the most current USCIS TPS El Salvador page.