- within Compliance and Environment topic(s)
Temporary Protected Status (TPS) for El Salvador was set to expire on September 9, 2026. As of this writing, the Department of Homeland Security (DHS) has stated that “[a]n 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. remain under TPS [and] retain protection.” USCIS has now reposted the same message on its TPS webpage for El Salvador, further confirming the agency’s position that Salvadoran TPS beneficiaries remain protected pending a formal announcement regarding the program’s future.
This statement has garnered significant national attention, with major media outlets, including The New York Times, reporting on DHS’s confirmation that Salvadoran TPS beneficiaries remain protected pending a formal announcement regarding the program’s future.
While the ultimate disposition remains undetermined, delayed or belated announcements are not unprecedented. For example, in 2025 the TPS designation for Honduras expired on July 5, yet DHS did not announce the termination until July 7, with publication in the Federal Register on July 8. Because DHS must provide 60 days’ notice of a termination in the Federal Register, impacted beneficiaries were able to remain in the United States and work until September 6, 2025, which is an additional 63 days. The same may happen here: DHS may announce the termination of TPS for El Salvador in the coming days with a 60-day notice period.
DHS may also decide to extend the designation for an additional period of time, as was announced for Lebanon earlier this year.
Employer Impact
While the future remains unknown, DHS’ announcement means that employers can continue to employ Salvadoran TPS beneficiaries. Even if a termination is announced, the 60-day notice period gives employers additional time to reverify impacted employees and, if needed, backfill vacated roles.
DHS has not issued any Form I-9 or E-Verify guidance relevant to Salvadoran beneficiaries. Employers should document this announcement on the Form I-9 or in a memorandum that is attached to the Form I-9 record so that the employer can explain the apparent gap in work authorization to the auditor.
This is a rapidly evolving situation that the Seyfarth team is monitoring closely and will update as additional information becomes available.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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