Texas, United States — immigration · immigration

How to Prove El Salvador TPS Work Authorization after September 9 2026 in Texas

If you are a Salvadoran Temporary Protected Status (TPS) holder in Texas, the passing of the September 9, 2026 milestone without a new Federal Register notice has likely caused severe stress with your employer's HR department. Under current U.S. Citizenship and Immigration Services (USCIS) guidance, you retain full legal protection and employment authorization while the government coordinates its next steps. This guide explains how to use live official alerts, pending application receipt notices, and federal anti-discrimination laws to prove your right to work.

What the Law Says: The September 2026 USCIS El Salvador TPS Alert

The official designation of El Salvador for Temporary Protected Status (TPS) was scheduled to end on September 9, 2026, under the 18-month extension announced in the Federal Register on January 17, 2025 (90 FR 5953). However, because the Department of Homeland Security (DHS) did not publish a formal termination or a new multi-month extension by that date, USCIS issued an active, live country-page alert. This official update states: 'An announcement on El Salvador's TPS will be made at the appropriate time. Until such announcement is made, Salvadoran individuals present in the U.S. under TPS retain protection including work authorization.'

Under the Immigration and Nationality Act (INA) Section 244(b)(3)(C) [8 U.S.C. § 1254a(b)(3)(C)], if the government does not timely announce a termination, benefits are extended. This live USCIS webpage alert serves as your legal bridge. It officially confirms that your work authorization under TPS remains fully active and protected in Texas and across the United States past September 9, 2026, despite what is printed on your expired Employment Authorization Document (EAD, Form I-766) or previous individual extension notices.

Furthermore, USCIS previously sent out Individual Notices (Form I-797) to TPS recipients who had pending Form I-765 renewal applications, extending their expired category A12 or C19 EADs to September 9, 2026. Since September 9 has now passed, the live webpage alert is the governing authority that overrides previous expiration dates while DHS finalized its next steps.

Your Workplace Rights: Form I-9 Verification and Anti-Discrimination

If your Texas employer or HR representative threatens to suspend or fire you because of the September 9, 2026 date on your EAD or previous notices, they may be violating federal law. Under 8 U.S.C. § 1324b, which governs unfair immigration-related employment practices, employers are strictly prohibited from discriminating based on citizenship status or national origin. This includes 'document abuse'—such as refusing to accept legally extended documents, demanding a brand-new physical card when the law provides an automatic extension, or treating TPS holders differently than other workers.

To complete or update Form I-9 (Employment Eligibility Verification), employers must follow the latest USCIS and E-Verify guidance. For Salvadoran TPS beneficiaries who have a pending Form I-765 renewal, the live USCIS alert instructs that protections and work authorizations are maintained. Employers are advised to monitor the USCIS El Salvador TPS webpage and Form I-9 Related News, rather than taking adverse employment action. An employer cannot legally force you to present a new EAD if the federal government has not yet issued them.

How to Protect Your Job: Practical Next Steps with Caunsel

To defuse workplace tension with a demanding HR department, you must present a clear, professional paper trail. Do not rely on verbal explanations. Print the live alert directly from the official USCIS El Salvador TPS webpage and pair it with your expired EAD (showing category code A12 or C19) and any Form I-797C Receipt Notices or Individual Notices you have received. If your HR department remains uncooperative, you can refer them to the Department of Justice Immigrant and Employee Rights (IER) employer hotline at 1-800-255-8155, or call the employee hotline yourself at 1-800-255-7688.

Please remember that this guide is for educational purposes and does not constitute legal advice. Caunsel is not a law firm and does not file applications or provide legal representation. However, you can use Caunsel to research these complex rules, securely store and organize your USCIS notices and documents in a personal case file, or connect with an independent, licensed immigration attorney who can write a formal legal letter to your Texas employer to protect your job and explore other immigration paths, such as adjustment of status or asylum.

Steps

• Print the live USCIS El Salvador TPS webpage alert showing the official policy that protections and work authorization continue after September 9, 2026.
• Gather your documents, including your expired EAD (Form I-766 with Category A12 or C19), your Form I-821 / Form I-765 receipt notices (Form I-797C), and any Individual Notice received by mail or via your myUSCIS portal.
• Request a formal meeting with your HR department and present these printed materials as proof of your ongoing right to work in the United States.
• If HR threatens suspension or termination, provide them with the official Department of Justice Immigrant and Employee Rights (IER) Employer Hotline (1-800-255-8155) to verify your status.

Common mistakes

• Failing to print official government evidence, relying instead on verbal arguments with HR which often leads to immediate suspension.
• Paying unlicensed 'notarios' or legal consultants who promise to speed up or fabricate a new physical EAD card.
• Voluntarily resigning or accepting self-termination without pointing out the anti-discrimination protections under 8 U.S.C. § 1324b.

Questions people ask

Can my employer legally fire me if my physical EAD card shows an expiration date of September 9, 2026?

No. If you have valid TPS and are protected by the ongoing USCIS alert, firing you solely based on the date on your card can constitute illegal document abuse and national origin discrimination under 8 U.S.C. § 1324b. Employers must follow the live USCIS instructions which state Salvadoran TPS holders retain work authorization.

What if I didn't receive an Individual Notice extending my EAD to September 9, 2026?

The live USCIS webpage alert applies to all eligible Salvadoran TPS beneficiaries who remain in valid status. If your Form I-765 renewal application is still pending, you should check your myUSCIS account for an electronic copy of the notice, or present your Form I-797C Receipt Notice alongside the live USCIS alert to prove your ongoing protection.

What should my Texas employer enter on Form I-9 for the expiration date after September 9, 2026?

Until DHS publishes a formal Federal Register Notice with a new specific date, employers should refer to the USCIS El Salvador TPS webpage and I-9 Central guidance. They can write 'TPS El Salvador' and a reference to the webpage alert in the 'Additional Information' box on Form I-9 to document your ongoing work authorization.

General information only, last updated 2026-09-26. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Texas, United States — immigration.