We are writing to provide an important update regarding Temporary Protected Status (TPS) for El Salvador.
Yesterday, September 9th, TPS for El Salvador was set to end. However, the U.S. Department of Homeland Security (DHS) announced that an official decision regarding the status of TPS will be “made at the appropriate time.” For now, Salvadoran TPS holders continue to maintain their TPS status and work authorization.
For I-9 purposes, employers should attach a screenshot of the relevant announcement page from the U.S. Citizenship and Immigration Services (USCIS) website to employees’ Form I-9 (attached). Employers should also include a note referencing the announcement in the Additional Information box in Section 2. Since no official extension date has been announced, employers can write “N/A” or reference the announcement in the expiration date fields in Sections 1 and 2.
While this announcement provides some temporary relief to TPS holders, it also leaves the future of the program uncertain. At this time, TPS for El Salvador remains in effect, but it could be terminated or extended at any time pending further action or announcement from the government. Employers should be prepared to reverify affected employees immediately if TPS ends.
Pabian Law will continue to monitor this issue and provide updates when additional guidance becomes available.
Thank you,
Keith and the Pabian Law Team