TPS for El Salvador after September 9, 2026: what we know
Thousands of Salvadorans in the United States, including families in Wisconsin, live and work with Temporary Protected Status (TPS). El Salvador's designation was set to expire on September 9, 2026. That day passed without the government publishing an official decision. This is what we know as of the date of this article.
What happened
- The last official extension of TPS for El Salvador was published in the Federal Register in January 2025 and ran through September 9, 2026.
- Before that date, the government published neither an extension nor a termination.
- On its website, USCIS says an announcement will be made "at the appropriate time" and that, until then, Salvadorans with TPS retain their protection, including work authorization.
This is unusual. In the past, every TPS decision was formally published in the Federal Register.
What the law says
The TPS statute requires the government to review each designation at least 60 days before it expires. If the government does not timely decide that the country no longer meets the conditions, the law says the designation is automatically extended for six months (or 12 or 18 months, if the government so decides).
However, the government has not published how it is applying that rule here. Nor has it updated the official dates on work permits. That is why there is uncertainty, and the situation can change at any time.
Your work permit and your employer
This is the most common practical problem. Your employer must verify your work authorization with Form I-9. On September 3, 2026, E-Verify and SAVE posted notices extending certain work permits (categories A-12 and C-19) only through September 9, 2026, with no instructions for the period after that date.
What you can do:
- Keep copies of your work permit card (EAD), your TPS approval notice, and any extension notice USCIS sent you.
- Print the notice on USCIS's TPS El Salvador page, with the date you printed it.
- If your employer has doubts, show them those documents. If you are told you can no longer work, ask for the reason in writing and talk to an attorney.
Be careful about travel
If you have TPS, do not leave the United States without first talking to an attorney, even if you have a travel permit. With the situation this uncertain, leaving could put your return at risk.
Do not wait: check whether you have another option
TPS is temporary. Even if extended, it does not by itself lead to a green card. Now is the time to review whether you have another path, for example:
- A family petition, if your spouse, father, or mother is a U.S. citizen or permanent resident, or if you have a U.S. citizen son or daughter over 21.
- Employment-based residence, in some cases.
- Asylum or other protection, if you fear returning. There are deadlines and exceptions an attorney must review.
- Cancellation of removal, if you are ever in immigration court and meet the requirements.
One important point: if you entered without inspection, the Supreme Court held in Sanchez v. Mayorkas, 593 U.S. 409 (2021), that TPS alone does not allow you to apply for a green card inside the United States. That is why each case needs an individual review of how the person entered, their family, and their history.
Beware of scams
When there is confusion, people appear offering "special registrations" or "guaranteed extensions." There is no new filing until the government publishes an official decision. Only a licensed attorney or an accredited representative can give you legal advice.
Frequently asked questions
Is my El Salvador TPS still valid after September 9, 2026? According to USCIS, Salvadorans with TPS retain their protection and work authorization until the government makes an announcement. Check the official USCIS page often.
Do I have to re-register? There is no open re-registration period as of the date of this article. If the government publishes an extension, it will say how and when to register.
Can I get a green card because I have TPS? TPS alone does not give a green card. Some people with TPS do have another path, through family or employment. It depends on how you entered and on your history.
How Lugo Law LLC works
Attorney Javier Irizarry Lugo reviews the cases of people with TPS in Wisconsin to identify whether another form of protection or residence exists. The review covers how the person entered, their family, and any criminal history, because those details decide which options exist.
Sources
- USCIS, TPS El Salvador page, accessed October 19, 2026 (USCIS last updated October 7, 2026).
- DHS, "Extension of the Designation of El Salvador for Temporary Protected Status," 90 Fed. Reg. 5953 (January 17, 2025).
- E-Verify, "Update on TPS for El Salvador" (September 3, 2026); SAVE notice on TPS for El Salvador (September 3, 2026).
- INA § 244(b)(3), 8 U.S.C. § 1254a(b)(3).
- Sanchez v. Mayorkas, 593 U.S. 409 (2021).