By Khyrsi Prosperi-Quintana, Associate Attorney at Benme Legal

September 9 came and went without the decision so many people feared. The Department of Homeland Security (DHS) published neither a termination nor a new extension of TPS for El Salvador. For now, USCIS confirms that beneficiaries keep their protection and their work permits until there’s an official announcement. It’s a breather, but not a solution.

What does the law say?

The statute requires DHS to publish its decision at least 60 days before the designation expires. If it doesn’t, the designation is automatically extended for six months, which in this case would run through March 2027. That deadline was missed, but DHS hasn’t confirmed the automatic extension or set a new date. On top of that, after Mullin v. Doe, the courts have less room to review these decisions. In other words, the protection is still in place, but no one knows for how long, and a decision could be published at any moment.

Work permits in a gray area

According to USCIS, TPS-based work permits are still valid, but the Form I-9 and E-Verify guidance hasn’t been updated with a new date yet. Workers should hold on to their EAD, their renewal receipts, and any USCIS notices, and share them with their employer if questions come up. Anyone who has another basis to apply for work authorization should look into it now.

Extra time worth using wisely

This waiting period is an opportunity. After more than two decades, many families now have options they didn’t have at the start: a petition from a U.S. citizen spouse or a U.S. citizen child over 21, U or T

visas, VAWA, asylum when there’s a genuine fear of persecution, or defenses in Immigration Court. Anyone with a prior deportation order should have their file reviewed right away, because TPS never erased that order.

Get prepared without panicking

Getting your documents in order, having a plan for your children’s care, choosing someone you trust to manage your property or business, and steering clear of advice from notarios or social media are still key. So is not traveling or signing forms without legal advice.

Benme Legal’s take

“TPS bought time, but not certainty,” says the Benme Legal team. Our advice: use these weeks to have your case reviewed by a licensed immigration attorney and have a plan ready before DHS announces its decision, whatever it turns out to be.