ASAP
Update on Temporary Protected Status for El Salvador and Ukraine
U.S. Citizenship and Immigration Services (USCIS) recently announced updates to the expiration of certain Employment Authorization Documents (EADs) related to Temporary Protected Status (TPS) for both El Salvador and Ukraine. At present, TPS for El Salvador is set to terminate on Sept. 9, 2026, and the termination date for Ukraine is set at Oct. 19, 2026.
In order to show proof of valid work authorization, TPS recipients must possess a valid EAD card. Many such TPS recipients are still waiting for their TPS-based EAD applications listing these expiration dates to be approved. As a result, USCIS has begun sending notices to these individuals informing them that their previously expired EADs will now be extended until the respective end dates of their country’s TPS.
USCIS has noted that these notices will be sent by mail and electronically to those TPS-recipients that have a myUSCIS account.
Employees that have received this notice may present to their employers such documents in combination with their expired TPS-EAD as proof of continued work authorization.
Specifically, TPS-El Salvador employees may present the following:
- An EAD that has an expiration date of Mar. 9, 2025; June 30, 2024; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; Sept. 9, 2019; or Mar. 9, 2018; and
- The USCIS notice extending their EAD.
When completing Form I-9, in the “Expiration Date (if any)” field, employers should input in Section 1 and Section 2 “Sept. 9, 2026” along with a note in the “Additional Information” box. Employers may download the USCIS Alert and TPS El Salvador Automatic Employment Authorization (EAD) Extension webpage and attach them to Form I-9, along with the USCIS notice. When completing a case in E-Verify, employers should enter the same expiration date of “Sept. 9, 2026,” from the Form I-9.
For TPS-Ukraine employees, the following may be presented:
- An EAD that has an expiration date of April 19, 2025, or Oct. 19, 2023; and
- The USCIS notice extending their EAD.
Again, when completing the “Expiration Date (if any)” fields on Form I-9, employers should input in Section 1 and Section 2 “Oct. 19, 2026” along with a note in the Additional Information box. Employers may download the Alert and TPS Ukraine Automatic Employment Authorization (EAD) Extension webpage and attach them to Form I-9, along with the USCIS notice. When completing a case in E-Verify, employers should enter the expiration date of “Oct. 19, 2026,” from the Form I-9.
Employers should be sure to check the USCIS websites regularly for updated information regarding employment authorization. See: TPS El Salvador and TPS Ukraine.