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  • News: DHS, USCIS Notice of Extension of the Designation of Sudan for Temporary Protected Status

    [Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
    [Notices]
    [Pages 4045-4051]
    From the Federal Register Online via the Government Publishing Office www.gpo.gov
    [FR Doc No: 2016-01387]


    -----------------------------------------------------------------------

    DEPARTMENT OF HOMELAND SECURITY

    U.S. Citizenship and Immigration Services

    [CIS No. 2576-15; DHS Docket No. USCIS-2014-0003]
    RIN 1615-ZB45


    Extension of the Designation of Sudan for Temporary Protected
    Status

    AGENCY: U.S. Citizenship and Immigration Services, Department of
    Homeland Security.

    ACTION: Notice.

    -----------------------------------------------------------------------

    SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
    announces that the Secretary of Homeland Security (Secretary) is
    extending the designation of Sudan for Temporary Protected Status (TPS)
    for 18 months, from May 3, 2016 through November 2, 2017.
    The extension allows currently eligible TPS beneficiaries to retain
    TPS through November 2, 2017, so long as they otherwise continue to
    meet the eligibility requirements for TPS. The Secretary has determined
    that an extension is warranted because the conditions in Sudan that
    prompted the 2013 TPS redesignation continue to be met. Sudan continues
    to experience ongoing armed conflict and extraordinary and temporary
    conditions within the country that prevent its nationals from returning
    to Sudan in safety.
    Through this Notice, DHS also sets forth procedures necessary for
    eligible nationals of Sudan (or aliens having no nationality who last
    habitually resided in Sudan) to re-register for TPS and to apply for
    renewal of their Employment Authorization Documents (EADs) with U.S.
    Citizenship and Immigration Services (USCIS). Re-registration is
    limited to persons who have previously registered for TPS under the
    designation of Sudan and whose applications have been granted. Certain
    nationals of Sudan (or aliens having no nationality who last habitually
    resided in Sudan) who have not previously applied for TPS may be
    eligible to apply under the late initial registration provisions if
    they meet (1) at least one of the late initial filing criteria, and (2)
    all TPS eligibility criteria (including continuous residence in the
    United States since January 9, 2013, and continuous physical presence
    in the United States since May 3, 2013).
    For individuals who have already been granted TPS under Sudan's
    designation, the 60-day re-registration period runs from January 25,
    2016 through March 25, 2016. USCIS will issue new EADs with a November
    2, 2017 expiration date to eligible Sudan TPS beneficiaries who timely
    re-register and apply for EADs under this extension. Given the
    timeframes involved with processing TPS re-registration applications,
    DHS recognizes that not all re-registrants will receive new EADs before
    their current EADs expire on May 2, 2016. Accordingly, through this
    Notice, DHS automatically extends the validity of EADs issued under the
    TPS designation of Sudan for 6 months, through November 2, 2016, and
    explains how TPS beneficiaries and their employers may determine which
    EADs are automatically extended and their impact on Employment
    Eligibility Verification (Form I-9) and the E-Verify processes.

    DATES: The 18-month extension of the TPS designation of Sudan is
    effective May 3, 2016, and will remain in effect through November 2,
    2017. The 60-day re-registration period runs from January 25, 2016
    through March 25, 2016. (Note: It is important for re-registrants to
    timely re-register during this 60-day period and not to wait until
    their EADs expire.)

    FOR FURTHER INFORMATION CONTACT:
    For further information on TPS, including guidance on the
    application

    [[Page 4046]]

    process and additional information on eligibility, please visit the
    USCIS TPS Web page at http://www.uscis.gov/tps.
    You can find specific information about Sudan's TPS extension by
    selecting ``Sudan'' from the menu on the left side of the TPS Web page.
    For questions concerning this FRN, you can also contact
    the U.S. Citizenship and Immigration Services, Department of Homeland
    Security, 20 Massachusetts Avenue NW, Washington, DC 20529-2060; or by
    phone at (202) 272-1533 (this is not a toll-free number). Note: The
    phone number provided here is solely for questions regarding this TPS
    Notice. It is not for individual case status inquires.
    Applicants seeking information about the status of their
    individual cases can check Case Status Online, available at the USCIS
    Web site at https://egov.uscis.gov/casestatus/landing.do or call the
    USCIS National Customer Service Center at 800-375-5283 (TTY 800-767-
    1833).
    Further information will also be available at local USCIS
    offices upon publication of this Notice.

    SUPPLEMENTARY INFORMATION:

    Table of Abbreviations

    BIA Board of Immigration Appeals
    DHS Department of Homeland Security
    DOS Department of State
    EAD Employment Authorization Document
    FNC Final Nonconfirmation
    Government U.S. Government
    GOS Government of Sudan
    IDP Internally Displaced Person
    IJ Immigration Judge
    INA Immigration and Nationality Act
    NGO Non-Governmental Organizations
    OCHA UN Office for the Coordination of Humanitarian Affairs
    OSC U.S. Department of Justice, Office of Special Counsel for
    Immigration-Related Unfair Employment Practices
    SAF Sudanese Armed Forces
    SAVE USCIS Systematic Alien Verification for Entitlements Program
    Secretary Secretary of Homeland Security
    SPLM-N Sudan People's Liberation Movement-North
    TNC Tentative Nonconfirmation
    TPS Temporary Protected Status
    TTY Text Telephone
    UN United Nations
    USCIS U.S. Citizenship and Immigration Services
    UNICEF UN International Children's Emergency Fund

    What is Temporary Protected Status (TPS)?

    TPS is a temporary immigration status granted to eligible
    nationals of a country designated for TPS under the Immigration and
    Nationality Act (INA), or to eligible persons without nationality who
    last habitually resided in the designated country.
    During the TPS designation period, TPS beneficiaries are
    eligible to remain in the United States, may not be removed, and are
    authorized to work and obtain EADs so long as they continue to meet the
    requirements of TPS.
    TPS beneficiaries may also apply for and be granted travel
    authorization as a matter of discretion.
    The granting of TPS does not result in or lead to
    permanent resident status.
    To qualify for TPS, beneficiaries must meet the
    eligibility standards at INA section 244(c)(2), 8 U.S.C. 1254a(c)(2).
    When the Secretary terminates a country's TPS designation,
    beneficiaries return to the same immigration status they maintained
    before TPS, if any (unless that status has since expired or been
    terminated), or to any other lawfully obtained immigration status they
    received while registered for TPS.

    When was Sudan designated for TPS?

    On November 4, 1997, the Attorney General designated Sudan for TPS
    due to ongoing armed conflict and extraordinary and temporary
    conditions within Sudan. See Designation of Sudan Under Temporary
    Protected Status, 62 FR 59737 (Nov. 4, 1997). Following the initial
    designation, the Attorney General and, later, the Secretary have
    extended TPS and/or redesignated Sudan for TPS a total of 14 times. In
    2013, the Secretary both extended Sudan's designation and redesignated
    Sudan for TPS for 18 months through November 2, 2014. See Extension and
    Redesignation of Sudan for Temporary Protected Status, 78 FR 1872 (Jan.
    9, 2013). This announcement is the second extension of the TPS
    designation for Sudan since the 2013 extension and redesignation.

    What authority does the Secretary have to extend the designation of
    Sudan for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
    Secretary, after consultation with appropriate agencies of the U.S.
    Government (Government), to designate a foreign state (or part thereof)
    for TPS if the Secretary determines that certain country conditions
    exist.\1\ The Secretary may then grant TPS to eligible nationals of
    that foreign state (or eligible aliens having no nationality who last
    habitually resided in the designated country). See INA section
    244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
    ---------------------------------------------------------------------------

    \1\ As of March 1, 2003, in accordance with section 1517 of
    title XV of the Homeland Security Act of 2002, Public Law 107-296,
    116 Stat. 2135, any reference to the Attorney General in a provision
    of the INA describing functions transferred from the Department of
    Justice to DHS ``shall be deemed to refer to the Secretary'' of
    Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
    Act of 2002, tit. XV, section 1517).
    ---------------------------------------------------------------------------

    At least 60 days before the expiration of a country's TPS
    designation or extension, the Secretary, after consultation with
    appropriate Government agencies, must review the conditions in a
    foreign state designated for TPS to determine whether the conditions
    for the TPS designation continue to be met. See INA section
    244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
    a foreign state continues to meet the conditions for TPS designation,
    the designation may be extended for an additional period of 6, 12, or
    18 months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If
    the Secretary determines that the foreign state no longer meets the
    conditions for TPS designation, the Secretary must terminate the
    designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

    Why is the Secretary extending the TPS designation for Sudan through
    November 2, 2017?

    DHS and the Department of State (DOS) have reviewed conditions in
    Sudan. Based on the reviews and after consulting with DOS, the
    Secretary has determined that an 18-month extension is warranted
    because the conditions supporting Sudan's designation for TPS continue
    to exist.
    The political and humanitarian situation in Sudan continues to be
    volatile and dangerous with internal armed conflicts in Darfur and in
    the Two Areas (South Kordofan and Blue Nile states). Reports of
    violations and abuses of human rights and violations of international
    humanitarian law persist, with those reports indicating that such
    violations and abuses have been largely perpetrated by the Sudanese
    government forces and pro-government militias against civilians.
    Since 2003, the Government of Sudan (GOS) and armed opposition
    groups have fought in Darfur. In 2014, the GOS deployed a new
    paramilitary force in Darfur known as the Rapid Support Forces, after
    which displacement in the region increased. This upsurge correlated
    with the GOS' declared ``Decisive Summer Campaign'' that began in April
    2014, through which the GOS sought to eradicate all armed rebellion
    within the country. The campaign was renewed in December 2014 and has
    continued into 2015, with the GOS proclaiming expected

    [[Page 4047]]

    widespread civilian displacement, especially within the Two Areas.
    In its 12th year, the Darfur conflict is widespread and
    unpredictable. Darfur has witnessed an increase in criminal activity
    and intertribal conflict. Clashes between the Sudanese Armed Forces
    (SAF) and armed opposition groups, as well as intertribal fighting,
    displaced approximately 430,000 people in 2014. The United Nations (UN)
    Office for the Coordination of Humanitarian Affairs (OCHA) reported
    that an estimated 143,000 persons were displaced between January and
    May 2015, bringing the total number of internally displaced persons
    (IDPs) in the Darfur region to approximately 2.5 million.
    In the Two Areas, the SAF continued to fight the Sudan People's
    Liberation Movement-North (SPLM-N) for control over towns, military
    strongholds, and supply routes. According to Amnesty International,
    Sudanese forces have employed indiscriminate aerial bombardment and
    shelling of villages in the region. The SAF reportedly has carried out
    sustained aerial bombardments in and around Kauda, a major town in
    Heiban County, as well as aerial bombardments and shelling in Um Dorein
    and Delami counties, destroying schools, clinics, hospitals, and other
    buildings, and forcing people to flee their homes. Reports indicated an
    estimated 1.7 million IDPs in both government and SPLM-N controlled
    territories, roughly half of the total population in both areas. In
    March 2015, OCHA reported that, due to the ongoing armed conflict, at
    least 250,000 Sudanese had fled from the Two Areas to South Sudan and
    Ethiopia.
    A determination of the status of the disputed Abyei area remains
    elusive. The governments of Sudan and South Sudan withdrew their forces
    from Abyei in 2012. The UN Interim Security Force for Abyei maintains
    an uneasy peace, but the potential for a return to violence remains.
    Reports of human rights violations and abuses in Sudan are
    widespread, including those involving extrajudicial and other unlawful
    killings. The GOS continued to abuse members of certain populations,
    including journalists, political opposition, civil society, and ethnic
    and religious minority groups.
    Sudan's operating environment for non-governmental organizations
    (NGOs) remains challenging primarily because of restrictions or bans on
    NGO operations and the movements of their workers, particularly in the
    conflict-affected areas of Darfur and the Two Areas. The GOS'
    ``Decisive Summer Campaign'' has also eroded the existing but limited
    health services in the Two Areas.
    UN figures indicate that approximately 6.9 million people are in
    need of humanitarian assistance in Sudan. According to the UN
    International Children's Emergency Fund (UNICEF), Sudan continues to be
    one of the worst crises for children in the world today. There are 3.24
    million children targeted for humanitarian assistance by the UN's
    Humanitarian Response Plan in 2015. UNICEF reported that approximately
    2 million children are suffering from malnutrition, of which
    approximately 550,000 are suffering from severe acute malnutrition.
    Based upon this review and after consultation with appropriate
    Government agencies, the Secretary has determined that:
    The conditions that prompted the 2013 redesignation of
    Sudan for TPS continue to be met. See INA section 244(b)(3)(A) and (C),
    8 U.S.C. 1254a(b)(3)(A) and (C).
    There continues to be ongoing armed conflict in Sudan and,
    due to such conflict, requiring the return of Sudanese nationals (or
    aliens having no nationality who last habitually resided in Sudan) to
    Sudan would pose a serious threat to their personal safety. See INA
    section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
    There continue to be extraordinary and temporary
    conditions in Sudan that prevent Sudanese nationals (or aliens having
    no nationality who last habitually resided in Sudan) from returning to
    Sudan in safety. See INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
    It is not contrary to the national interest of the United
    States to permit Sudanese nationals (or aliens having no nationality
    who last habitually resided in Sudan) who meet the eligibility
    requirements of TPS to remain in the United States temporarily. See INA
    section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
    The designation of Sudan for TPS should be extended for an
    18-month period from May 3, 2016 through November 2, 2017. See INA
    section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
    There are approximately 450 current Sudan TPS
    beneficiaries who are expected to file for re-registration under the
    extension.

    Notice of Extension of the TPS Designation of Sudan

    By the authority vested in me as Secretary under INA section 244, 8
    U.S.C. 1254a, I have determined, after consultation with the
    appropriate Government agencies, that the conditions that prompted the
    redesignation of TPS for Sudan in 2013 continue to be met. See INA
    section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this
    determination, I am extending the existing designation of TPS for Sudan
    for 18 months, from May 3, 2016 through November 2, 2017. See INA
    section 244(b)(1)(A), (b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(A),
    (b)(1)(C), and (b)(2).

    Jeh Charles Johnson,
    Secretary.

    Required Application Forms and Application Fees To Register or Re-
    Register for TPS

    To register or re-register for TPS based on the designation of
    Sudan, you must submit each of the following applications:
    1. Application for Temporary Protected Status (Form I-821).
    If you are filing an application for late initial
    registration, you must pay the fee for the Application for Temporary
    Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and
    information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
    If you are filing an application for re-registration, you
    do not need to pay the fee for the Application for Temporary Protected
    Status (Form I-821). See 8 CFR 244.17.
    2. Application for Employment Authorization (Form I-765).
    If you are applying for late initial registration and want
    an EAD, you must pay the fee for the Application for Employment
    Authorization (Form I-765) only if you are age 14 through 65. You do
    not need to pay the Application for Employment Authorization (Form I-
    765) fee if you are under the age of 14 or are 66 and older, applying
    for late initial registration and you want an EAD.
    If you are applying for re-registration, you must pay the
    fee for the Application for Employment Authorization (Form I-765),
    regardless of your age, if you want an EAD.
    You do not pay the fee for the Application for Employment
    Authorization (Form I-765) if you are not requesting an EAD, regardless
    of whether you are applying for late initial registration or re-
    registration.
    You must submit both completed application forms together. If you
    are unable to pay the application forms fee and/or biometrics fee, you
    may complete a Request for Fee Waiver (Form I-912) or submit a personal
    letter requesting a fee waiver with satisfactory

    [[Page 4048]]

    supporting documentation. For more information on the application forms
    and fees for TPS, please visit the USCIS TPS Web page at http://www.uscis.gov/tps. Fees for the Application for Temporary Protected
    Status (Form I-821), the Application for Employment Authorization (Form
    I-765), and biometric services are also described in 8 CFR 103.7(b).

    Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants
    14 years and older. Those applicants must submit a biometric services
    fee. As previously stated, if you are unable to pay for the biometric
    services fee, you may complete a Request for Fee Waiver (Form I-912) or
    submit a personal letter requesting a fee waiver with satisfactory
    supporting documentation. For more information on the biometric
    services fee, please visit the USCIS Web site at http://www.uscis.gov.
    If necessary, you may be required to visit an Application Support
    Center to have your biometrics captured.

    Re-Filing a Re-Registration TPS Application After Receiving a Denial of
    a Fee Waiver Request

    You should file as soon as possible within the 60-day re-
    registration period so USCIS can process your application and issue any
    EAD promptly. Filing early will also allow you to have time to re-file
    your application before the deadline, should USCIS deny your fee waiver
    request. If, however, you receive a denial of your fee waiver request
    and are unable to re-file by the re-registration deadline, you may
    still re-file your application. This situation will be reviewed to
    determine whether you established good cause for late re-registration.
    However, you are urged to re-file within 45 days of the date on any
    USCIS fee waiver denial notice, if possible. See INA section
    244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more
    information on good cause for late re-registration, visit the USCIS TPS
    Web page at http://www.uscis.gov/tps.

    Note: Although a re-registering TPS beneficiary age 14 and
    older must pay the biometric services fee (but not the initial TPS
    application fee) when filing a TPS re-registration application, you
    may decide to wait to request an EAD, and therefore not pay the
    Application for Employment Authorization (Form I-765) fee until
    after USCIS has approved your TPS re-registration, if you are
    eligible. If you choose to do this, you would file the Application
    for Temporary Protected Status (Form I-821) with the fee and the
    Application for Employment Authorization (Form I-765) without the
    fee and without requesting an EAD.

    Mailing Information

    Mail your application for TPS to the proper address in Table 1.

    Table 1--Mailing Addresses
    ------------------------------------------------------------------------
    If . . . Mail to . . .
    ------------------------------------------------------------------------
    You are applying through the U.S. USCIS, Attn: TPS Sudan, P.O.
    Postal Service. Box 6943, Chicago, IL 60680-
    6943.
    You are using a non-U.S. Postal Service USCIS, Attn: TPS Sudan, 131 S.
    delivery service. Dearborn Street, 3rd Floor,
    Chicago, IL 60603-5517.
    ------------------------------------------------------------------------

    If you were granted TPS by an Immigration Judge (IJ) or the Board
    of Immigration Appeals (BIA) and you wish to request an EAD or are re-
    registering for the first time following a grant of TPS by an IJ or the
    BIA, please mail your application to the appropriate mailing address in
    Table 1. When submitting a re-registration and/or requesting an EAD
    based on an IJ/BIA grant of TPS, please include a copy of the IJ or BIA
    order granting you TPS with your application. This will aid in the
    verification of your grant of TPS and processing of your application,
    as USCIS may not have received records of your grant of TPS by either
    the IJ or the BIA. To get additional information, including the email
    address of the appropriate Service Center, you may go to the USCIS TPS
    Web page at http://www.uscis.gov/tps.

    E-Filing

    You cannot electronically file your application when re-registering
    or submitting an initial registration for Sudan TPS. Please mail your
    application to the mailing address listed in Table 1.

    Supporting Documents

    The filing instructions on the Application for Temporary Protected
    Status (Form I-821) list all the documents needed to establish basic
    eligibility for TPS. You must also submit two color passport-style
    photographs of yourself. You may also find information on the
    acceptable documentation and other requirements for applying or
    registering for TPS on the USCIS Web site at www.uscis.gov/tps under
    ``Sudan.''

    Do I need to submit additional supporting documentation?

    If one or more of the questions listed in Part 4, Question 2 of the
    Application for Temporary Protected Status (Form I-821) applies to you,
    then you must submit an explanation on a separate sheet(s) of paper
    and/or additional documentation.

    Employment Authorization Document (EAD)

    How can I obtain information on the status of my EAD request?

    To get case status information about your TPS application,
    including the status of a request for an EAD, you can check Case Status
    Online at http://www.uscis.gov, or call the USCIS National Customer
    Service Center at 800-375-5283 (TTY 800-767-1833). If your Application
    for Employment Authorization (Form I-765) has been pending for more
    than 90 days, and you still need assistance, you may request an EAD
    inquiry appointment with USCIS by using the InfoPass system at https://infopass.uscis.gov. However, we strongly encourage you first to check
    Case Status Online or call the USCIS National Customer Service Center
    for assistance before making an InfoPass appointment.

    Am I eligible to receive an automatic 6-month extension of my current
    EAD through November 2, 2016?

    Provided that you currently have TPS under the designation of
    Sudan, this Notice automatically extends your EAD by 6 months if you:
    Are a national of Sudan (or an alien having no nationality
    who last habitually resided in Sudan);
    Received an EAD under the last extension of TPS for Sudan;
    and
    Have an EAD with a marked expiration date of May 2, 2016,
    bearing the notation ``A-12'' or ``C-19'' on the face of the card under
    ``Category.''
    Although this Notice automatically extends your EAD through
    November 2, 2016, you must re-register timely for TPS in accordance
    with the procedures described in this Notice if you would like to
    maintain your TPS.

    [[Page 4049]]

    When hired, what documentation may I show to my employer as proof of
    employment authorization and identity when completing Employment
    Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the ``Lists
    of Acceptable Documents'' for Employment Eligibility Verification (Form
    I-9). You can find additional detailed information on the USCIS I-9
    Central Web page at http://www.uscis.gov/I-9Central. Employers are
    required to verify the identity and employment authorization of all new
    employees by using Employment Eligibility Verification (Form I-9).
    Within 3 days of being hired, you must present proof of identity and
    employment authorization to your employer.
    You may present any document from List A (reflecting both your
    identity and employment authorization) or one document from List B
    (reflecting identity) together with one document from List C
    (reflecting employment authorization). An EAD is an acceptable document
    under ``List A.'' You may present an acceptable receipt for a List A,
    List B, or List C document as described in the Employment Eligibility
    Verification (Form I-9) Instructions. An acceptable receipt is one that
    shows an employee has applied to replace a document that was lost,
    stolen or damaged. If you present an acceptable receipt, you must
    present your employer with the actual document within 90 days.
    Employers may not reject a document based on a future expiration date.
    If your EAD has an expiration date of May 2, 2016, and states ``A-
    12'' or ``C-19'' under ``Category,'' it has been extended automatically
    for 6 months by virtue of this Federal Register Notice, and you may
    choose to present your EAD to your employer as proof of identity and
    employment authorization for Employment Eligibility Verification (Form
    I-9) through November 2, 2016 (see the subsection titled ``How do my
    employer and I complete the Employment Eligibility Verification (Form
    I-9) using an automatically extended EAD for a new job?'' for further
    information). To minimize confusion over this extension at the time of
    hire, you should explain to your employer that USCIS has automatically
    extended your EAD through November 2, 2016, based on your Temporary
    Protected Status. You are also strongly encouraged, although not
    required, to show your employer a copy of this Federal Register Notice
    confirming the automatic extension of employment authorization through
    November 2, 2016. As an alternative to presenting your automatically
    extended EAD, you may choose to present any other acceptable document
    from List A, or a combination of one selection from List B and one
    selection from List C.

    What documentation may I show my employer if I am already employed but
    my current TPS-related EAD is set to expire?

    Even though EADs with an expiration date of May 2, 2016, that state
    ``A-12'' or ``C-19'' under ``Category'' have been automatically
    extended for 6 months by this Federal Register Notice, your employer
    will need to ask you about your continued employment authorization once
    May 2, 2016 is reached to meet its responsibilities for Employment
    Eligibility Verification (Form I-9). Your employer does not need to
    complete a new Employment Eligibility Verification (Form I-9) to
    reverify your employment authorization until November 2, 2016, the
    expiration date of the automatic extension, but may need to reinspect
    your automatically extended EAD to check the expiration date and code
    to record the updated expiration date on your Employment Eligibility
    Verification (Form I-9) if your employer did not keep a copy of this
    EAD at the time you initially presented it. You and your employer must
    make corrections to the employment authorization expiration dates in
    Section 1 and Section 2 of Employment Eligibility Verification (Form I-
    9) (see the subsection titled ``What corrections should my current
    employer and I make to Employment Eligibility Verification (Form I-9)
    if my EAD has been automatically extended?'' for further information).
    You are also strongly encouraged, although not required, to show this
    Federal Register Notice to your employer to explain what to do for
    Employment Eligibility Verification (Form I-9).
    By November 2, 2016, the expiration date of the automatic
    extension, your employer must reverify your employment authorization.
    At that time, you must present any unexpired document from List A or
    any unexpired document from List C on Employment Eligibility
    Verification (Form I-9) to reverify employment authorization, or an
    acceptable List A or List C receipt described in the Employment
    Eligibility Verification (Form I-9) instructions. Your employer is
    required to reverify on Employment Eligibility Verification (Form I-9)
    the employment authorization of current employees upon the
    automatically extended expiration date of a TPS-related EAD, which is
    November 2, 2016, in this case. Your employer should use either Section
    3 of the Employment Eligibility Verification (Form I-9) originally
    completed for the employee or, if this section has already been
    completed or if the version of Employment Eligibility Verification
    (Form I-9) is no longer valid, complete Section 3 of a new Employment
    Eligibility Verification (Form I-9) using the most current version.
    Note that your employer may not specify which List A or List C document
    employees must present, and cannot reject an acceptable receipt. An
    acceptable receipt is one that shows an employee has applied to replace
    a document that was lost, stolen or damaged.

    Can my employer require that I produce any other documentation to prove
    my current TPS status, such as proof of my Sudanese citizenship or
    proof that I have re-registered for TPS?

    No. When completing Employment Eligibility Verification (Form I-9),
    including reverifying employment authorization, employers must accept
    any documentation that appears on the ``Lists of Acceptable Documents''
    for Employment Eligibility Verification (Form I-9) that reasonably
    appears to be genuine and that relates to you or an acceptable List A,
    List B, or List C receipt. Employers may not request documentation that
    does not appear on the ``Lists of Acceptable Documents.'' Therefore,
    employers may not request proof of Sudanese citizenship or proof of re-
    registration for TPS when completing Employment Eligibility
    Verification (Form I-9) for new hires or reverifying the employment
    authorization of current employees. Refer to the ``Note to Employees''
    section of this Notice for important information about your rights if
    your employer rejects lawful documentation, requires additional
    documentation, or otherwise discriminates against you based on your
    citizenship or immigration status, or your national origin. Note that
    although you are not required to provide your employer with a copy of
    this Federal Register Notice, you are strongly encouraged to do so to
    help avoid confusion.

    What happens after November 2, 2016 for purposes of employment
    authorization?

    After November 2, 2016, employers may no longer accept the EADs
    that this Federal Register Notice automatically extended. Before that
    time, however, USCIS will work to issue new EADs to eligible TPS re-
    registrants who request them. These new EADs should have an

    [[Page 4050]]

    expiration date of November 2, 2017 and can be presented to your
    employer for completion of Employment Eligibility Verification (Form I-
    9). Alternatively, you may choose to present any other legally
    acceptable document or combination of documents listed on the
    Employment Eligibility Verification (Form I-9).

    How do my employer and I complete Employment Eligibility Verification
    (Form I-9) using an automatically extended EAD for a new job?

    When using an automatically extended EAD to complete Employment
    Eligibility Verification (Form I-9) for a new job before November 2,
    2016, you and your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Write the automatically extended EAD expiration date (November
    2, 2016) in the first space; and
    c. Write your alien number (USCIS number or A-number) in the second
    space (your EAD or other document from DHS will have your USCIS number
    or A-number printed on it; the USCIS number is the same as your A-
    number without the A prefix).
    2. For Section 2, employers should record the:
    a. Document title;
    b. Issuing authority;
    c. Document number; and
    d. Automatically extended EAD expiration date (November 2, 2016).
    By November 2, 2016, employers must reverify the employee's
    employment authorization in Section 3 of the Employment Eligibility
    Verification (Form I-9).

    What corrections should my current employer and I make to Employment
    Eligibility Verification (Form I-9) if my EAD has been automatically
    extended?

    If you are an existing employee who presented a TPS-related EAD
    that was valid when you first started your job but that EAD has now
    been automatically extended, your employer may reinspect your
    automatically extended EAD if the employer does not have a photocopy of
    the EAD on file, and you and your employer should correct your
    previously completed Employment Eligibility Verification (Form I-9) as
    follows:
    1. For Section 1, you should:
    a. Draw a line through the expiration date in the first space;
    b. Write ``November 2, 2016'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 1; and
    d. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Draw a line through the expiration date written in Section 2;
    b. Write ``November 2, 2016'' above the previous date;
    c. Write ``EAD Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By November 2, 2016, when the automatic extension of EADs expires,
    employers must reverify the employee's employment authorization in
    Section 3.

    If I am an employer enrolled in E-Verify, what do I do when I receive a
    ``Work Authorization Documents Expiration'' alert for an automatically
    extended EAD?

    If you are an employer who participates in E-Verify and you have an
    employee who is a TPS beneficiary who provided a TPS-related EAD when
    he or she first started working for you, you will receive a ``Work
    Authorization Documents Expiring'' case alert when this EAD is about to
    expire. Usually, this message is an alert to complete Section 3 of the
    Employment Eligibility Verification (Form I-9) to reverify an
    employee's employment authorization. For existing employees with TPS-
    related EADs that have been automatically extended, employers should
    dismiss this alert by clicking the red ``X'' in the ``dismiss alert''
    column and follow the instructions above explaining how to correct the
    Employment Eligibility Verification (Form I-9). By November 2, 2016,
    employment authorization must be reverified in Section 3. Employers
    should never use E-Verify for reverification.

    Note to All Employers

    Employers are reminded that the laws requiring proper employment
    eligibility verification and prohibiting unfair immigration-related
    employment practices remain in full force. This Notice does not
    supersede or in any way limit applicable employment verification rules
    and policy guidance, including those rules setting forth reverification
    requirements. For general questions about the employment eligibility
    verification process, employers may call USCIS at 888-464-4218 (TTY
    877-875-6028) or email I-9Central@dhs.gov. Calls and emails are
    accepted in English and many other languages. For questions about
    avoiding discrimination during the employment eligibility verification
    process, employers may also call the U.S. Department of Justice, Office
    of Special Counsel for Immigration-Related Unfair Employment Practices
    (OSC) Employer Hotline, at 800-255-8155 (TTY 800-237-2515), which
    offers language interpretation in numerous languages, or email OSC at
    osccrt@usdoj.gov.

    Note to Employees

    For general questions about the employment eligibility verification
    process, you may call USCIS at 888-897-7781 (TTY 877-875-6028) or email
    I-9Central@dhs.gov. Calls are accepted in English and many other
    languages. You may also call the OSC Worker Information Hotline at 800-
    255-7688 (TTY 800-237-2515) for information regarding employment
    discrimination based upon citizenship status, immigration status, or
    national origin, or for information regarding discrimination related to
    Employment Eligibility Verification (Form I-9) and E-Verify. The OSC
    Worker Information Hotline provides language interpretation in numerous
    languages.
    To comply with the law, employers must accept any document or
    combination of documents from the Lists of Acceptable Documents if the
    documentation reasonably appears to be genuine and to relate to the
    employee, or an acceptable List A, List B, or List C receipt described
    in the Employment Eligibility Verification (Form I-9) Instructions.
    Employers may not require extra or additional documentation beyond what
    is required for Employment Eligibility Verification (Form I-9)
    completion. Further, employers participating in E-Verify who receive an
    E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must
    promptly inform employees of the TNC and give such employees an
    opportunity to contest the TNC. A TNC case result means that the
    information entered into E-Verify from Employment Eligibility
    Verification (Form I-9) differs from Federal or state government
    records.
    Employers may not terminate, suspend, delay training, withhold pay,
    lower pay, or take any adverse action against you based on your
    decision to contest a TNC or because the case is still pending with E-
    Verify. A Final Nonconfirmation (FNC) case result is received when E-
    Verify cannot verify your employment eligibility. An employer may
    terminate employment based on a case result of FNC. Work-authorized
    employees who receive an FNC may call USCIS for assistance at 888-897-
    7781 (TTY 877-875-6028). If you believe you were discriminated against
    by an employer in the E-Verify process based on citizenship or
    immigration status or based on national origin, you may contact OSC's
    Worker

    [[Page 4051]]

    Information Hotline at 800-255-7688 (TTY 800-237-2515). Additional
    information about proper nondiscriminatory Employment Eligibility
    Verification (Form I-9) and E-Verify procedures is available on the OSC
    Web site at http://www.justice.gov/crt/about/osc/ and the USCIS Web
    site at http://www.dhs.gov/E-verify.

    Note Regarding Federal, State, and Local Government Agencies (Such as
    Departments of Motor Vehicles)

    While Federal Government agencies must follow the guidelines laid
    out by the Federal Government, State and local government agencies
    establish their own rules and guidelines when granting certain
    benefits. Each State may have different laws, requirements, and
    determinations about what documents you need to provide to prove
    eligibility for certain benefits. Whether you are applying for a
    Federal, State, or local government benefit, you may need to provide
    the government agency with documents that show you are a TPS
    beneficiary and/or show you are authorized to work based on TPS.
    Examples are:
    (1) Your unexpired EAD;
    (2) A copy of this Federal Register Notice if your EAD is
    automatically extended under this Notice;
    (3) A copy of your Application for Temporary Protected Status
    Notice of Action (Form I-797) for this re-registration;
    (4) A copy of your past or current Application for Temporary
    Protected Status Approval Notice (Form I-797), if you received one from
    USCIS; and/or
    (5) If there is an automatic extension of work authorization, a
    copy of the fact sheet from the USCIS TPS Web site that provides
    information on the automatic extension.
    Check with the government agency regarding which document(s) the
    agency will accept. You may also provide the agency with a copy of this
    Federal Register Notice.
    Some benefit-granting agencies use the USCIS Systematic Alien
    Verification for Entitlements Program (SAVE) to verify the current
    immigration status of applicants for public benefits. If such an agency
    has denied your application based solely or in part on a SAVE response,
    the agency must offer you the opportunity to appeal the decision in
    accordance with the agency's procedures. If the agency has received and
    acted upon or will act upon a SAVE verification and you do not believe
    the response is correct, you may make an InfoPass appointment for an
    in-person interview at a local USCIS office. Detailed information on
    how to make corrections, make an appointment, or submit a written
    request to correct records under the Freedom of Information Act can be
    found at the SAVE Web site at http://www.uscis.gov/save, then by
    choosing ``How to Correct Your Records'' from the menu on the right.

    [FR Doc. 2016-01387 Filed 1-22-16; 8:45 am]
    BILLING CODE 9111-97-P
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