The U.S. Citizenship and Immigration Services (USCIS) issued updated guidance stating that Temporary Protected Status (TPS) for El Salvador, along with related employment authorization benefits, is currently scheduled to end on September 9, 2026. The notice indicates that certain Salvadoran TPS beneficiaries who are otherwise eligible but have not yet received renewed Employment Authorization Documents (EADs) may continue relying on expired EADs bearing category codes A12 or C19 through September 9, 2026. The announcement is similar to recent USCIS guidance issued regarding Haitian TPS beneficiaries and has important implications for employers across the senior living sector.
For senior living providers, the approaching September 9 deadline may affect workforce planning, employment authorization verification, and human resources compliance activities. Employers should promptly review their workforce and determine whether any employees are currently relying on employment authorization connected to El Salvador TPS. While the USCIS notice provides operational guidance regarding employment authorization and Form I-9 compliance, it does not resolve all legal questions surrounding the underlying TPS designation or any future actions that could affect the September 9 deadline.
What Employers Should Know
Employers should identify employees who may be relying on El Salvador TPS-related employment authorization and confirm document expiration dates through existing personnel and Form I-9 records. Organizations should continue to apply employment verification requirements in a consistent and nondiscriminatory manner and should not take adverse action solely because an employee is Salvadoran, has TPS status, or may be affected by the announcement.
Argentum encourages members to consider the following actions:
- Review workforce records and Form I-9 compliance procedures to identify employees who may be affected by the September 9, 2026 deadline.
- Confirm document expiration dates for TPS-related employment authorization without making assumptions based on nationality, ethnicity, or appearance.
- Monitor official USCIS and Department of Homeland Security announcements for updates that could affect the current deadline or employment authorization requirements.
- Train managers, human resources personnel, and I-9 administrators on nondiscrimination requirements and proper employment verification procedures.
- Consult with experienced immigration counsel before taking action that could affect an employee’s continued employment authorization.
- Review workforce continuity, scheduling, and staffing plans should additional guidance, litigation, or legislative action alter the current timeline.