USCIS Issues New TPS EAD and Form I-9 Guidance for El Salvador, Sudan and Ukraine
Employers with Temporary Protected Status (TPS) beneficiaries in their workforce should review new U.S. Citizenship and Immigration Services guidance addressing employment authorization for eligible individuals from El Salvador, Sudan and Ukraine.
The TPS designations and related benefits for these countries are set to terminate on the following dates:
El Salvador: Remains until further notice
Sudan: Oct. 19, 2026
Ukraine: Oct. 19, 2026
USCIS is sending individual notices to certain TPS beneficiaries whose Employment Authorization Documents (EADs) expire before the applicable termination date. These notices confirm that qualifying TPS-based EADs are extended through the end of the relevant designation period.
The extension is not established by the EAD alone. To rely on this guidance for Form I-9 purposes, an employee must present both a qualifying EAD and the individual USCIS extension notice.
El Salvador
USCIS issued new guidance on September 9, 2026 for TPS beneficiaries from El Salvador. While TPS designations for El Salvador were originally going to be terminated on Sept. 9, 2026, USCIS issued new guidance that the designation will remain until further notice.
At this time, USCIS has not issued corresponding Form I-9 guidance. Employers should continue to recognize valid TPS-based employment authorization and monitor for additional guidance from USCIS.
Sudan
A qualifying Sudan TPS beneficiary may present:
An EAD with category A-12 or C-19 and an expiration date on or after July 22, 2026, but before Oct. 19, 2026; and
The individual USCIS notice extending the EAD.
Together, these documents establish identity and continued employment authorization through Oct. 19, 2026.
When completing Form I-9, employers should enter Oct. 19, 2026 in the applicable “Expiration Date (if any)” fields and add a note in the Additional Information box. Employers should retain the USCIS notice with the Form I-9 and enter Oct. 19, 2026 as the document expiration date when creating an E-Verify case.
Ukraine
A qualifying Ukraine TPS beneficiary may present:
An EAD with category A-12 or C-19 and an expiration date on or after April 20, 2026, but before Oct. 19, 2026; and
The individual USCIS notice extending the EAD.
Together, these documents establish identity and continued employment authorization through Oct. 19, 2026.
When completing Form I-9, employers should enter Oct. 19, 2026 in the applicable “Expiration Date (if any)” fields and add a note in the Additional Information box. Employers should retain the USCIS notice with the Form I-9 and enter Oct. 19, 2026 as the document expiration date when creating an E-Verify case.
What Employers Should Do Now
Review Form I-9 records for employees who previously presented TPS-based EADs in categories A-12 or C-19 for El Salvador, Sudan or Ukraine.
Confirm that an employee presents both a qualifying EAD and the individual USCIS notice before applying the extension.
Record the applicable expiration date consistently on Form I-9 and in E-Verify.
Retain the USCIS notice and any supporting USCIS guidance with the employee’s Form I-9.
Establish reminders for reverification before the employee’s extended work authorization expires.
Continue following Form I-9 document-choice and nondiscrimination requirements.
Employers should monitor USCIS guidance closely, as additional developments could affect TPS beneficiaries, employment authorization and Form I-9 requirements.
