USCIS TPS Warning for El Salvador: Real Deadline or Scare Tactic?

USCIS sent an alert to employers enrolled in E-Verify — the federal system that checks whether workers are legally authorized to work in the US — stating that Temporary Protected Status (TPS) for El Salvador "and related benefits are set to terminate on Sept. 9, 2026." The problem: the Department of Homeland Security never officially announced it was ending Salvadoran TPS. Under federal law, that silence should trigger an automatic six-month extension. But a recent Supreme Court ruling means no one can sue DHS to force it to follow that law. So right now, roughly 150,000 Salvadorans who have held TPS since 2001 are left guessing what the government actually plans to do.

What USCIS actually said — and what it left out

The real substance of the USCIS notification was narrower than it appeared. Some Salvadoran TPS holders had work permits — formally called Employment Authorization Documents, or EADs — with printed expiration dates before September 9. USCIS wanted employers to know those cards are actually valid until that date, because of an ongoing lawsuit that automatically extended them. But USCIS did not tell employers that September 9 itself is uncertain. The agency has not announced whether it is terminating Salvadoran TPS at all. That omission matters enormously, because employers reading the alert at face value would reasonably assume their workers lose protection on September 9.

This follows a pattern the agency used with Haitian TPS holders earlier this year. In July, USCIS used E-Verify notifications to tell employers that EADs for Haitian TPS holders would expire — first on July 1, then July 15, then July 20. Each deadline caused panic among employers. But the courts had not yet completed the legal process that would actually allow DHS to revoke those work permits. The administration was announcing expiration dates it could not legally enforce. Employers who fired Haitian workers early based on those alerts may have acted on false information. The same risk now exists for Salvadoran workers and their employers.

The expiration date printed on an EAD card does not always reflect reality. Work permits can be automatically extended when a court blocks a termination, or when a separate lawsuit challenges USCIS policy — as is the case for some Salvadoran TPS holders right now. Employers are legally responsible for tracking these changes and updating their workers' I-9 forms (the federal employment eligibility verification form). Small businesses without immigration lawyers on staff are especially vulnerable to acting on incomplete USCIS announcements. Organizations like the American Business Immigration Coalition and the Asylum Seeker Advocacy Project have been tracking these lawsuits and can provide guidance on actual EAD validity.

What to do

• If you hold Salvadoran TPS, do not assume your work authorization ends September 9. Check whether your EAD has been automatically extended through an ongoing court order — your immigration attorney or a TPS advocacy organization can confirm your specific situation.
• If your employer received the USCIS E-Verify alert and is worried, share information from organizations tracking the relevant lawsuits, such as the Asylum Seeker Advocacy Project. USCIS can announce any expiration date it wants, but that date may not be one it can legally enforce.
• Do not quit your job or stop working based on this alert alone. Wait for a confirmed, court-approved termination date before treating your work authorization as expired.
• Consult an immigration attorney before September 9 to review your specific EAD expiration date, any automatic extensions that apply to you, and your options if TPS for El Salvador is formally terminated.

What to do, step by step — see our guide “How to Apply for Asylum”.