United States | Salvadoran nationals under TPS protection maintain work authorization pending further USCIS guidance

On September 9, U.S. Citizenship and Immigration Services posted the following statement on El Salvador’s Temporary Protected Status (TPS) Designated Country page:

“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.”

On Sept. 3, 2026, USCIS had published an update supplementing the Aug. 12, 2026, update which said Employment Authorization Documents (EADs) issued under the TPS designation for El Salvador would remain valid through Sept. 9, 2026. That USCIS page now includes the same alert confirming that “Salvadoran individuals present in the U.S. under TPS retain protection including work authorization.”

Employers are encouraged to retain copies of the USCIS alerts and El Salvador TPS webpages with affected Forms I-9 and consult with their BAL attorney for case-specific guidance. BAL will continue to monitor and provide updates as more information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

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