Your Employees and El Salvador TPS

First the end of Haitian TPS, now comes El Salvador.

The Temporary Protected Status (TPS) designation for El Salvador is set to terminate on Sept. 9, ending some 25 years of such protections for nationals from that country. The change will affect long-term care providers with employees from that nation, mostly located in Southern California, Maryland, New York, Texas, and Virginia where the highest concentrations of Salvadorans with TPS are located.

To understand what happens before that termination date, the U.S. Citizenship and Immigration Services (USCIS) confirmed the termination date on Aug. 12 provided an update and issued companion guidance on Form I-9 and E-Verify procedures for the transition.

Workers Good Through Sept. 9

In a rundown of the changes, a blog post on Leading Age said USCIS is automatically extending expired TPS-based Employment Authorization Documents (EADs) through Sept. 9 for eligible El Salvador TPS holders who have not yet received renewal cards.

Employers should enter “Sept. 9, 2026” as the expiration date on Form I-9 and in E-Verify, with a note in the Additional Information field referencing the USCIS alert. Absent further litigation or a new designation, work authorization for El Salvador TPS holders lapses on that date, the post said.

The actual information from USCIS is as follows:

If you continue to be eligible for TPS but haven’t received your renewal EAD with the category codes A-12 or C-19 and your TPS-based EAD application is still pending, USCIS will send you a Notice regarding an EAD extension to September 9, 2026, by mail and electronically if you have a myUSCIS account. 

Unless your TPS has been withdrawn or your Form I-765 denied, you may show your EAD indicating a Category of A12 or C19, with a Card Expires date of March 9, 2025; June 30, 2024; December 31, 2022; October 4, 2021; January 4, 2021; January 2, 2020; September 9, 2019; or March 9, 2018, on the front of the card and the Notice to any U.S. employer as proof of identity and continued employment authorization through September 9, 2026. Federal, state or local benefit granting agencies may also accept this Notice if you are applying for benefits.

Now What?

Leading Age said aging services employers with Salvadoran TPS holders on staff should review I-9 records now, confirm which employees hold EADs affected by the Sept. 9 deadline, and prepare for potential reverification or separation conversations.

User agencies should check the USCIS TPS El Salvador webpage for updates. You may also subscribe to regular updates for SAVE using Granicus Communications.

Comments? Contact Patrick Connole at pconnole@parkplacelive.com.