05/21/2026
BREAKING NEWS: DHS Extends Work Authorization for Temporary Protected Status for El Salvador
5/21/26 AILA Doc. No. 26052100. Employer Compliance, Temporary Protected Status & Deferred Enforced Departure
On April 28, 2026. USCIS updated its web page “Temporary Protected Status Designated Country: El Salvador” to note that the Employment Authorization Documents (EADs) with an expiration date of March 9, 2025 were automatically extended through July 22, 2026.
The following is a brief history:
TPS for El Salvador was continued for an additional 18 months starting March 10, 2025 through September 9, 2026 based on a Notice published in the Federal Register on January 17, 2025, 90 FR 5953. The re-registration period for individuals who already had TPS was from January 17, 2025 through March 18, 2025.
Pursuant to the Notice, the EADs for individuals that already held an EAD were automatically extended until March 9, 2026, as long as the annotation on the EAD card showed A12 or C19 and an expiration date of March 9, 2025. The EAD cards with expiration dates of March 9, 2018, September 9, 2019, January 2, 2020, January 4, 2021, October 4, 2021, December 31, 2022, and June 30, 2024 were also extended until March 9, 2026.
Impact on Employees:
Individuals with a “Card Expires” date of March 9, 2025 will have work authorization extended through July 22, 2026. Employees that have an EAD card for TPS El Salvador with a “Card Expires” date other than March 9, 2025 will not be able to continue employment unless they timely filed an I-765 Application to renew/extend their EAD card. “Timely filed” for purposes of the 540-day extension, which was eliminated for all I-765 applications filed on or after October 30, 2025, has been defined by DHS in the Federal Register as filing the I-765 within the applicable re-registration period.
Impact on Employers:
Employers that have employees with EADs based on El Salvador TPS with an expiration of March 9, 2025 should note that, as of April 28, 2026, their work authorization is automatically extended through July 22, 2026. Covered EADs include those that have the notation A12 or C19 under Category with a “Card Expires” date of March 9, 2025.
Employers must reverify TPS El Salvador beneficiaries who presented these EADs and may include reference to the April 28, 2026 USCIS web page update that notes the automatic extension of the March 9, 2025 “Card Expires” date on the Form I-9.
The EADs of El Salvador TPS holders with “Card Expires” date of March 9, 2018, September 9, 2019, January 2, 2020, January 4, 2021, October 4, 2021, December 31, 2022, and June 30, 2024, are only automatically extended until March 9, 2026. To obtain work authorization valid until at least July 22, 2026, they must have timely filed an I-765 Application and presented a receipt. This will require employers to review the Form I-797C Receipt Notice for the I-765 Application to determine the Category A12 or C19, as well as to ensure that the I-765 application was filed before the re-registration period ended on March 18, 2025. If such application was timely filed, work authorization is extended until July 22, 2026 pursuant to the directive in H.R. 1 as posted by USCIS on March 13, 2026 on the TPS Page on Automatic Extensions. Individuals that have EAD cards with category A12 or C19 issued through September 9, 2026 may use such cards as evidence of work authorization through September 9, 2026.
