Temporary Protected Status – El Salvador

El Salvador

On August 13, 2026, USCIS announced that all TPS holders are authorized to work through September 9, 2026.

  • Temporary Protected Status (TPS) for El Salvador remains in effect through September 9, 2026.
  • The legal challenge to USCIS policy that early-terminated work authorization for Salvadoran, Ukrainian, and Sudanese TPS holders continues at the First Circuit appeals court. As USCIS’ announcement does not apply to Ukrainian and Sudanese TPS holders, continue to look for developments in the Massachusetts lawsuit, which is called VAM v. USCIS.
  • The administration has not yet announced its plans to terminate or extend Salvadoran TPS.

What is the status of TPS for El Salvador?

TPS holders from El Salvador, who re-registered for TPS during the 60-day registration period, from January 17, 2025 through March 18, 2025, have TPS through September 9, 2026.

Am I eligible to continue working? ​

Yes. All Salvadoran TPS holders– those 1) with an Employment Authorization Document (“EAD”) with a “Card Expires” date of September 9, 2026 AND 2) those whose applications for work authorization are still pending– are authorized to work through September 9, 2026.

On August 13, 2026, USCIS announced that it will extend the work authorization of all Salvadoran TPS holders with pending work permit applications to the current end-date of El Salvador’s TPS designation of September 9, 2026. This means that Salvadorans who were previously relying on the automatic extension should not lose work authorization now.

Some TPS holders may also have permission to remain in the U.S. and related work authorization through applications for other immigration relief, such as asylum. (See more below.)

How does the negative U.S. Supreme Court decision on TPS affect TPS holders from El Salvador?

The Supreme Court’s decision was about TPS for Haiti and Syria, not El Salvador. The decision does not impact the current rules that apply to El Salvador. However, the decision may make it more difficult to challenge future TPS terminations in court because the Supreme Court ruled that courts generally cannot review the Trump administration’s decisions to end a country’s TPS designation.

What if my employer asks me to prove my work authorization?

If your employer asks:

  • You can show them your work permit expiring on September 9, 2026; or
  • If you have an expired work permit and you re-registered for TPS, you can show your employer: (1) your current work permit; and (2) the new USCIS notice USCIS indicated it would make available to you electronically (through myUSCIS accounts, if you registered online) or by mail, if not.
  • If you have work authorization pursuant to another form of immigration relief, such as a pending asylum claim, you can show them your work permit pursuant to other immigration relief.

If you are represented by a union, contact your Union Representative immediately.

How can I prepare for the potential loss of TPS after September?

There are steps you can take NOW to prepare for the loss of TPS:

  • Consult with a reputable immigration attorney IMMEDIATELY: You could soon lose your ability to live legally in the U.S. and protection from deportation. It’s important to speak with a lawyer if you have questions about TPS and how this may impact you and your family. (See more below.)

  • Make a family safety plan: Family preparedness plans are critical to ensuring that your family is prepared for and protected in case of any immigration emergency. It can ensure that if ICE detains you or a family member, your children, other dependents, or assets are cared for. Gather important paperwork, make sure a trusted person is listed on school records to pick up your children from school, work out childcare and financial issues, and keep the phone number of an attorney and the Union with you. Find an interactive family safety planning tool here.

  • Know Your Rights: All people in the U.S. have rights, regardless of immigration status. Make sure you know your rights if you are approached by police or ICE. Review this information to help you understand what your rights are and what to do in different situations. 

Seek Legal Advice From a Reputable Legal Service Provider

It is important for you to immediately seek legal advice if you have questions about TPS and to help you determine if you have any other immigration relief you may be eligible for, such as asylum. Beware of “notarios” or scammers. Find a reputable legal service provider near you.

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