Some employers are not waiting for a final decision on Salvadoran Temporary Protected Status (TPS)A designation that lets nationals of certain countries facing conflict or disaster stay and work in the United States temporarily.See it in the glossary before cutting jobs, even though the designation and related work authorization remain legally valid for now. A Washington Post report published September 11 found restaurants, hospitals, and construction firms moving ahead with layoffs of Salvadoran TPS holders, including on at least one data center project.
Status remains active, but treatment on the ground varies
El Salvador’s TPS designation, the longest-running in U.S. history, was scheduled to expire September 9, 2026. The Department of Homeland Security did not issue a termination or a renewal by that date. Instead, DHS said an announcement would come “at the appropriate time,” and USCIS guidance confirms that TPS holders retain their status and work authorization until that announcement is made.
Despite that guidance, the Washington Post reported that Salvadoran workers who clean and maintain federal buildings in the Washington, D.C. region, including the Pentagon, were told not to report to work. Some restaurants, hospitals, and construction firms proceeded with layoffs rather than wait for a final DHS decision.
What this means for TPS holders and employers
Approximately 232,000 Salvadoran nationals hold TPS. Because the designation has not been formally terminated, workers with valid, unexpired EAD (Employment Authorization Document)A card issued by USCIS on Form I-765 that allows certain noncitizens to work legally while another application is pending or a status permits it.See it in the glossary, or the USCIS notice extending validity, remain authorized to work under current federal guidance. Employers completing Form I-9 reverification or using E-Verify should rely on current USCIS instructions rather than treat the September 9 date as an automatic expiration.
The gap between the legal status on paper and how individual employers are acting is likely to remain a source of confusion for both workers and businesses until DHS issues a formal decision.
What to watch next
No Federal RegisterThe daily journal of the U.S. government where proposed and final rules, notices and executive orders are published.See it in the glossary notice extending or terminating the El Salvador TPS designation has been published. TPS holders and employers should continue monitoring USCIS and the Federal Register for updates, since any new announcement could change reporting and documentation requirements with little advance notice.