United States | USCIS posts Aug. 12 updates on El Salvador and Somalia TPS designations

El Salvador

U.S. Citizenship and Immigration Services published an update on Aug. 12, 2026, on the termination of Temporary Protected Status (TPS) designation for El Salvador, extending the validity dates for certain El Salvador Employment Authorization Documents (EADs) through Sept. 9, 2026.

The alert says, “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. USCIS will send the notices by mail and electronically to those who have a myUSCIS account.”

Those beneficiaries may present the following combination of documents as proof of identity and continued employment authorization under List A, valid until Sept. 9, 2026:

• An EAD that has an expiration date of March 9, 2025; June 30, 2024; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; Sept. 9, 2019; or March 9, 2018; and
• The USCIS notice extending their EAD.

In the alert, USCIS also directs employers that “[w]hen 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. Employers may download the Alert and TPS El Salvador Automatic Employment Authorization (EAD) Extension webpage and attach them to Form I-9, along with the USCIS notice. When completing a case in E-Verify, enter the expiration date of ‘Sept. 9, 2026,’ from the Form I-9.”

Somalia

USCIS published an update on Aug. 12, 2026, on the termination of TPS designation for Somalia, extending the validity dates for EADs per court order. The update also provides instructions for completing expiration date fields on Form I-9 and completing a case in E-Verify.

Form I-9 guidance:

According to the update, “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Somalia with an original expiration date of March 17, 2023, Sept. 17, 2024, and March 17, 2026, is extended per court order. African Communities Together et al. v. Noem et al., No. 26-cv-11201 (D. Mass.). The extension is limited relief until the lower courts align with the U.S. Supreme Court’s favorable decision in Mullin v. Doe, 609 U.S. (2026), issued on June 25, 2026.”

In the alert, USCIS directs employers that “[w]hen completing the Expiration Date (if any) fields on Form I-9, input ‘as per court order’ in Section 1 and ‘Aug. 14, 2026,’ in Section 2 along with a note in the additional information box. Employers may download the Alert and TPS Somalia webpage and attach them to Form I-9. When completing a case in E-Verify, enter the expiration date of ‘Aug. 14, 2026,’ from the Form I-9. Check USCIS websites regularly for updated information.”

The update on Form I-9 guidance for Somalia supersedes the guidance issued on Aug. 10, 2026. Individuals should continue to check the USCIS TPS Somalia webpage for current information.

Employers are encouraged to retain copies of the relevant alerts and country-specific webpages with affected Forms I-9 and consult with their BAL attorney for case-specific guidance. Litigation remains ongoing, and 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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