With the incoming Philadelphia Union set to compete in the league next season, MLS will hold its expansion draft days after the Cup Final.

The MLS Cup Final for 2009 will be held on November 22 and the draft will be held days later where each club will be allowed to protect 11 players which leaves Philadelphia free to select no more than one of the unprotected players from each team.

No more than one unprotected player can be picked from each team but the Union, as the 16th and newest team, will be given extra picks to help build a foundation squad.