USCIS has issued new Temporary Protected Status (TPS) guidance affecting beneficiaries from El Salvador and Somalia, providing additional short-term employment authorization relief while TPS-related litigation and program wind-down efforts continue.
El Salvador TPS: Automatic EAD Extension Through September 9, 2026
USCIS announced that El Salvador’s TPS designation and related benefits are scheduled to terminate on September 9, 2026.
To prevent interruptions in work authorization, USCIS is sending notices to eligible TPS beneficiaries from El Salvador who:
- Continue to qualify for TPS;
- Filed TPS-based EAD renewal applications;
- Have pending renewal applications; and
- Have not yet received their renewed EADs.
For these individuals, USCIS is automatically extending certain expired TPS-based EADs through September 9, 2026.
Eligible El Salvador TPS EAD Expiration Dates
Affected workers may use an EAD with one of the following expiration dates:
- March 9, 2025
- June 30, 2024
- December 31, 2022
- October 4, 2021
- January 4, 2021
- January 2, 2020
- September 9, 2019
- March 9, 2018
together with the USCIS extension notice as evidence of continued employment authorization.
Form I-9 and E-Verify Requirements
Employers should:
- Enter September 9, 2026 in the expiration date field for Form I-9 reverification purposes.
- Record the extension details in the Additional Information field.
- Use September 9, 2026 as the expiration date when completing E-Verify processes.
USCIS stated that extension notices will be issued by mail and electronically through myUSCIS accounts where applicable.
Somalia TPS: Work Authorization Extended Through August 14, 2026
USCIS also updated its guidance for Somalia TPS beneficiaries.
Although former DHS Secretary Kristi Noem previously determined that Somalia no longer met the statutory criteria for TPS, the U.S. District Court for the District of Massachusetts continues to maintain a stay of the TPS termination while litigation proceeds.
As a result, certain Somalia TPS-related EADs remain valid under court order.
Eligible Somalia TPS EAD Expiration Dates
The extension applies to Employment Authorization Documents with original expiration dates of:
- March 17, 2023
- September 17, 2024
- March 17, 2026
These EADs are now valid through August 14, 2026.
Form I-9 and E-Verify Requirements
For Somalia TPS beneficiaries:
- Employees should enter “as per court order” in Section 1 of Form I-9.
- Employers should enter August 14, 2026 in Section 2.
- Employers should include an explanatory note in the Additional Information field.
- E-Verify cases should use August 14, 2026 as the employment authorization expiration date.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.