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  • News: USCIS Publishes Notice Termination of the Designation of Sudan for Temporary Protected Status

    [Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
    [Notices]
    [Pages 47228-47234]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2017-22074]


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

    DEPARTMENT OF HOMELAND SECURITY

    U.S. Citizenship and Immigration Services

    [CIS No. 2610-17; DHS Docket No. USCIS-2014-0003]
    RIN 1615-ZB66


    Termination of the Designation of Sudan for Temporary Protected
    Status

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

    ACTION: Notice.

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

    SUMMARY: The designation of Sudan for Temporary Protected Status (TPS)
    is set to expire on November 2, 2017. After reviewing country
    conditions and consulting with the appropriate U.S. Government
    agencies, the Secretary of Homeland Security (Secretary) has determined
    that conditions in Sudan have sufficiently improved for TPS purposes
    and no longer support a designation for TPS. Therefore, the Secretary
    is terminating the TPS designation of Sudan. To provide for an orderly
    transition, this termination is effective November 2, 2018, twelve
    months following the end of the current designation.
    Nationals of Sudan (and aliens having no nationality who last
    habitually resided in Sudan) who have been

    [[Page 47229]]

    granted TPS and wish to maintain their TPS and have their current TPS-
    based Employment Authorization Documents (EAD) extended through
    November 2, 2018, should re-register for TPS in accordance with the
    procedures set forth in this Notice. On November 3, 2018, nationals of
    Sudan (and aliens having no nationality who last habitually resided in
    Sudan) who have been granted TPS under the Sudan designation will no
    longer have TPS.

    DATES: The designation of Sudan for TPS is terminated, effective at
    11:59 p.m., local time, on November 2, 2018. The 60-day re-registration
    period runs from October 11, 2017 through December 11, 2017. (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:
    You can contact Alexander King, Branch Chief, Waivers and
    Temporary Services Branch, Service Center Operations Directorate, U.S.
    Citizenship and Immigration Services, Department of Homeland Security,
    20 Massachusetts Avenue NW., Washington DC 20529-2060; or by phone at
    (202) 272-8377 (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 inquiries.
    For further information on TPS, including guidance on the
    application 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 this termination of Sudan for TPS by
    selecting ``Sudan'' from the menu on the left side of the TPS Web page.
    Applicants seeking information about the status of their
    individual cases can check Case Status Online, available at the USCIS
    Web site at http://www.uscis.gov, or call the USCIS National Customer
    Service Center at 800-375-5283 (TTY 800-767-1833). Service is available
    in English and Spanish.
    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
    IJ--Immigration Judge
    INA--Immigration and Nationality Act
    IER--U.S. Department of Justice Civil Rights Division, Immigrant and
    Employee Rights Section (IER)
    SAVE--USCIS Systematic Alien Verification for Entitlements Program
    Secretary--Secretary of Homeland Security
    TNC--Tentative Nonconfirmation
    TPS--Temporary Protected Status
    TTY--Text Telephone
    USCIS--U.S. Citizenship and Immigration Services

    Through this Notice, DHS 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 EADs with USCIS. Re-registration is limited to persons
    who have previously registered for TPS under the designation of Sudan
    and whose applications have been granted.
    For individuals who have already been granted TPS under
    Sudan's designation, the 60-day re-registration period runs from
    October 11, 2017 through December 11, 2017. USCIS will issue new EADs
    with a November 2, 2018 expiration date to eligible Sudan TPS
    beneficiaries who timely re-register and apply for EADs. 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 November 2, 2017. However, provided a
    Sudan TPS beneficiary timely re-registers and properly files an
    application for an EAD during the 60-day re-registration period, his or
    her EAD will be automatically extended for an additional period not to
    exceed 180 days from the date the current EAD expires, i.e., through
    May 1, 2018. This notice 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.

    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 and so long as a TPS
    beneficiary continues to meet the requirements of TPS, he or she is
    eligible to remain in the United States, may not be removed, and is
    authorized to work and obtain an EAD.
    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 lawful
    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 that is still valid on the date TPS
    terminates.

    When was Sudan designated for TPS?

    On November 4, 1997, the Attorney General designated Sudan for TPS
    due to: (1) An ongoing armed conflict, and that because of such
    conflict, requiring the return of nationals to Sudan would pose a
    serious threat to their personal safety; and, (2) extraordinary and
    temporary conditions within Sudan that prevented nationals from
    returning to Sudan in safety. See Designation of Sudan Under Temporary
    Protected Status, 62 FR 59737 (Nov. 4, 1997). Since the initial
    designation, the Attorney General and, later, the Secretary, have
    extended TPS and/or redesignated Sudan for TPS. Sudan's most recent
    redesignation for TPS was in 2013, when the Secretary both extended
    Sudan's designation and redesignated Sudan for TPS for 18 months. See
    Extension and Redesignation of Sudan for Temporary Protected Status, 78
    FR 1872 (Jan. 9, 2013). Sudan's TPS designation was most recently
    extended in 2016, when the Secretary extended Sudan's designation for
    TPS for 18 months through November 2, 2017. See Extension and
    Redesignation of Sudan for Temporary Protected Status, 81 FRN 4045
    (Jan. 25, 2016).

    What authority does the Secretary have to terminate 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 U.S. Government
    agencies, to designate a foreign state (or part thereof) for TPS if the
    Secretary determines that certain country conditions exist.\1\ The
    Secretary

    [[Page 47230]]

    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 the Department of Homeland Security (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 does not
    determine that a foreign state no longer meets the conditions for TPS
    designation, the designation will be extended for an additional period
    of 6 months, or in the Secretary's discretion, 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, but such
    termination may not take effect earlier than 60 days after the date the
    Federal Register notice of termination is published, or if later, the
    expiration of the most recent previous extension of the country
    designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). The
    Secretary may determine the appropriate effective date of the
    termination and the expiration of any TPS-related documentation, such
    as EADs, for the purpose of providing an orderly transition. See id.;
    INA section 244(d)(3), 8 U.S.C. 1254a(d)(3).

    Why is the Secretary terminating the TPS designation for Sudan as of
    November 2, 2018?

    DHS and the Department of State (DOS) have reviewed the conditions
    in Sudan. Based on this review and consultation, the Secretary has
    determined that conditions in Sudan have sufficiently improved for TPS
    purposes. Termination of the TPS designation of Sudan is required
    because it no longer meets the statutory conditions for designation.
    The ongoing armed conflict no longer prevents the return of nationals
    of Sudan to all regions of Sudan without posing a serious threat to
    their personal safety. Further, extraordinary and temporary conditions
    within Sudan no longer prevent nationals from returning in safety to
    all regions of Sudan. To provide for an orderly transition, this
    termination is effective November 2, 2018, twelve months following the
    end of the current designation.
    Conflict in Sudan is limited to Darfur and the Two Areas (South
    Kordofan and Blue Nile states). As a result of the continuing armed
    conflict in these regions, hundreds of thousands of Sudanese have fled
    to neighboring countries. However, in Darfur, toward the end of 2016
    and through the first half of 2017, parties to the conflict renewed a
    series of time-limited unilateral cessation of hostilities
    declarations, resulting in a reduction in violence and violent rhetoric
    from the parties to the conflict. The remaining conflict is limited and
    does not prevent the return of nationals of Sudan to all regions of
    Sudan without posing a serious threat to their personal safety.
    Above-average harvests have moderately improved food security
    across much of Sudan. While populations in conflict-affected areas
    continue to experience acute levels of food insecurity, there has also
    been some improvement in access for humanitarian actors to provide
    much-needed humanitarian aid.
    Although Sudan's human rights record remains extremely poor in
    general, conditions on the ground no longer prevent all Sudanese
    nationals from returning in safety.
    Taking into account the geographically limited scope of the
    conflict, the renewed series of unilateral cessation of hostilities
    declarations and concomitant reduction in violence and violent rhetoric
    from the parties to the conflict, and improvements in access for
    humanitarian actors to provide aid, the Secretary has determined that
    the ongoing armed conflict and extraordinary and temporary conditions
    that served as the basis for Sudan's most recent designation have
    sufficiently improved such that they no longer prevent nationals of
    Sudan from returning in safety to all regions of Sudan. Based on this
    determination, the Secretary has concluded that termination of the TPS
    designation of Sudan is required because Sudan no longer meets the
    statutory conditions for designation. To provide for an orderly
    transition, this termination is effective November 2, 2018, twelve
    months following the end of the current designation. DHS estimates that
    there are approximately 1,040 nationals of Sudan (and aliens having no
    nationality who last habitually resided in Sudan) who currently receive
    TPS benefits.

    Notice of Termination 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 U.S. Government agencies, that Sudan no longer meets the
    conditions for designation of TPS under 244(b)(1) of the Act. 8 U.S.C.
    1254a(b)(1). Accordingly, I order as follows:
    (1) Pursuant to INA section 244(b)(3)(B), to provide for an orderly
    transition, the designation of Sudan for TPS is terminated effective at
    11:59 p.m., local time, on November 2, 2018, 12 months following the
    end of the current designation.
    (2) Information concerning the termination of TPS for nationals of
    Sudan (and aliens having no nationality who last habitually resided in
    Sudan) will be available at local USCIS offices upon publication of
    this Notice and through the USCIS National Customer Service Center at
    1-800-375-5283. This information will be published on the USCIS Web
    site at www.USCIS.gov.

    Elaine C. Duke,
    Acting Secretary.

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

    To 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):
    You do not need to pay the fee for the Form I-821. See 8
    CFR 244.17.
    2. Application for Employment Authorization (Form I-765):
    If you want an EAD, you must pay the fee (or request a fee
    waiver) for the Application for Employment Authorization (Form I-765),
    regardless of your age.
    If you do not want an EAD, you do not have to pay the Form
    I-765 fee.
    If you do not want to request an EAD now, you may also file Form I-
    765 later to request an EAD and pay the fee (or request a fee waiver),
    provided that you still have TPS or a pending TPS application. Your EAD
    application will be considered timely filed even if the date on your
    current TPS-related EAD has expired. However, if you do not timely re-
    register and properly file an EAD application, the validity of your
    current EAD will end on November 2, 2017. Accordingly, you must also
    properly file your EAD application during the 60-day re-registration
    period for your current EAD to be automatically extended for 180 days
    (i.e., through May 1, 2018). You are

    [[Page 47231]]

    strongly encouraged to properly file your EAD application as early as
    possible during the 60-day re-registration period to avoid lapses in
    your employment authorization and to ensure that you receive your Form
    I-797C, Notice of Action, prior to November 2, 2017.
    You must submit both completed forms together. If you are unable to
    pay the application form fee for the I-765 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 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 Form I-765, and biometric services are also described
    in 8 CFR 103.7(b)(1)(i).

    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 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. Properly filing early will also allow you to have time to
    re-file your application before the deadline and receive a Form I-797C
    demonstrating your EAD's automatic extension, 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 I-765 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(b). 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 Form I-821
    fee) when filing a TPS re-registration application, you may decide
    to wait to request an EAD, and therefore not pay the Form I-765 fee
    (or request a fee waiver) until after USCIS has approved your TPS
    re-registration, if you are eligible. If you choose to do this, you
    would file the Form I-821 with the biometrics services fee, if
    applicable, (or request a fee waiver) and the 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. Postal USCIS, Attn: TPS Sudan, P.O.
    Service. Box 6943, Chicago, IL 60680-
    6943.
    For FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Sudan, 131
    S. 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 re-registering 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.

    Supporting Documents

    The filing instructions on the Application for Temporary Protected
    Status (Form I-821) list all the documents needed to establish
    eligibility for TPS. 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
    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 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 extension of my current EAD while I wait
    for my new one to arrive?

    Provided that you currently have a Sudan TPS-based EAD, you may be
    eligible to have the validity of your current EAD extended for 180 days
    (through May 1, 2018) if you:
    Are a national of Sudan (or an alien having no nationality
    who last habitually resided in Sudan);
    Received an EAD under the designation of Sudan for TPS;
    Have an EAD with a marked expiration date of November 2,
    2017, bearing the notation ``A-12'' or ``C-19'' on the face of the card
    under ``Category;''
    Timely re-registered for TPS during the 60-day re-
    registration period; and
    Properly filed an application for an EAD during the 60-day
    re-registration period.
    You must timely re-register for TPS in accordance with the
    procedures described in this Notice if you would like to maintain your
    TPS and in order to have the validity of your current EAD extended by
    180 days. You are strongly encouraged to file your EAD renewal
    application as early as possible during the 60-day re-registration
    period to avoid lapses in your employment authorization.

    When hired, what documentation may I show to my employer as evidence 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 Form I-9. You can find additional
    detailed information about Form I-9 on the

    [[Page 47232]]

    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 Form I-9. Within three days
    of hire, an employee must present evidence of identity and employment
    authorization to his or her employer by presenting documentation
    sufficient to satisfy Form I-9 requirements.
    You may present any document from List A (which provides evidence
    of both identity and employment authorization), or one document from
    List B (which provides evidence of your identity) together with one
    document from List C (which is evidence of employment authorization),
    or you may present an acceptable receipt for List A, List B, or List C
    documents as described in the Form I-9 Instructions. An EAD is an
    acceptable document under List A. Employers may not reject a document
    based on a future expiration date.
    If your EAD has an expiration date of November 2, 2017, and states
    ``A-12'' or ``C-19'' under ``Category,'' and you timely and properly
    filed an EAD renewal application during the 60-day re-registration
    period, you may choose to present your EAD to your employer together
    with the Form I-797C Notice of Action (showing the qualifying
    eligibility category of either A-12 or C-19) as a List A document that
    provides evidence of your identity and employment authorization for
    Form I-9 through May 1, 2018, unless your TPS has been finally
    withdrawn or your request for TPS has been finally denied. 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 your EAD has been automatically
    extended through May 1, 2018. You may also provide your employer with a
    copy of this Federal Register Notice which explains how your EAD could
    be automatically extended; however, this Federal Register Notice is not
    acceptable evidence that your EAD has been automatically extended. As
    an alternative to presenting evidence of your automatically extended
    EAD, you may choose to present any other acceptable document from List
    A, a combination of one selection from List B and one selection from
    List C, or a valid receipt.

    What documentation may I show my employer for my Employment Eligibility
    Verification (Form I-9) if I am already employed but my current TPS-
    related EAD is set to expire?

    Even though you may be eligible to have your EAD automatically
    extended, your employer will need to ask you about your continued
    employment authorization no later than before you start work on
    November 3, 2017. You will need to present your employer with evidence
    that you are still authorized to work. Once presented, you may correct
    your employment authorization expiration date in Section 1 and your
    employer should correct the employment authorization document
    expiration date in Section 2 of 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 employment authorization has
    been automatically extended?'' for further information. In addition,
    you may also show this Notice to your employer to explain what to do
    for Form I-9.
    When you properly file your Form I-765 to renew your current EAD,
    you will receive a USCIS receipt notice (Form I-797C). The receipt
    notice will state that your current ``A-12'' or ``C-19'' coded EAD is
    automatically extended for 180 days. You may show this receipt notice
    to your employer along with your EAD to confirm your EAD has been
    automatically extended through May 1, 2018, unless your TPS has been
    finally withdrawn or your request for TPS has been finally denied. You
    may also show this Federal Register Notice to your employer to minimize
    confusion; however, this Federal Register Notice is not acceptable
    evidence that your EAD has been automatically extended. To avoid delays
    in receiving the Form I-797C and a lapse in your employment
    authorization, you should file your EAD renewal application as early as
    possible during the re-registration period.
    The last day of the automatic EAD extension is May 1, 2018. Before
    you start work on May 2, 2018, your employer must reverify your
    employment authorization. At that time, you must present any document
    from List A or any document from List C on Form I-9 Lists of Acceptable
    Documents, or an acceptable List A or List C receipt described in the
    Form I-9 Instructions to reverify employment authorization. Your
    employer should either complete Section 3 of the Form I-9 originally
    completed for you; or if this section has already been completed or if
    the version of Form I-9 has expired (check the date in the bottom left-
    hand corner of the form), complete Section 3 of a new Form I-9 ensuring
    it is the most current version. Note that your employer may not specify
    which List A or List C document you must present and cannot reject an
    acceptable receipt.

    Can my employer require that I provide any other documentation to prove
    my status, such as proof of my Sudanese citizenship?

    No. When completing Form I-9, including reverifying employment
    authorization, employers must accept any documentation that appears on
    the appropriate ``Lists of Acceptable Documents'' for Form I-9 that
    reasonably appears to be genuine and that relates to you, or an
    acceptable List A, List B (for new hires only), 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 Form I-9 for new hires or reverifying the employment
    authorization of current employees. If the expired EAD with category A-
    12 or C-19 is presented with the Form I-797C Notice of Action as
    described herein, an employer should accept this document combination
    as a valid List A document so long as the EAD reasonably appears to be
    genuine and to relate to the employee. 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.

    How do my employer and I complete Employment Eligibility Verification
    (Form I-9) on the basis of automatically extended employment
    authorization for a new job?

    As proof of the automatic extension of your employment
    authorization, you may present your expired EAD with category A-12 or
    C-19 in combination with the Form I-797C Notice of Action showing that
    the EAD renewal application was timely filed and that the qualifying
    eligibility category is either A-12 or C-19. Unless your TPS has been
    finally withdrawn or your request for TPS has been finally denied, this
    document combination is considered an unexpired Employment
    Authorization Document (Form I-766) under List A. When completing Form
    I-9 for a new job you are starting before May 2, 2018,

    [[Page 47233]]

    you and your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter the date
    that is 180 days from the date your current EAD expires (May 1, 2018)
    as the ``expiration date, if applicable, mm/dd/yyyy''; and
    b. Enter your Alien Number/USCIS number or A-Number where indicated
    (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. When completing Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
    It is in category A-12 or C-19;
    The ``received date'' on Form I-797 is on or before the
    end of the 60-day re-registration period stated in this Notice; and
    The category code on the EAD is the same category code on
    Form I-797C, noting that employers should consider category codes A-12
    and C-19 to be the same category code.
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Insert May 1, 2018, the date that is 180 days from the date the
    current EAD expires. By the start of work on May 2, 2018, employers
    must reverify the employee's employment authorization in Section 3 of
    the Form I-9.

    What corrections should my current employer and I make to Employment
    Eligibility Verification (Form I-9) if my employment authorization 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 and your employment
    authorization has now been automatically extended because you timely
    and properly filed a new application for employment authorization
    during the 60-day re-registration period, you may present your expired
    EAD with category A-12 or C-19 in combination with the Form I-797C
    Notice of Action. The Form I-797C should show that the EAD renewal
    application was timely filed and that the qualifying eligibility
    category is either A-12 or C-19. To avoid confusion, you may also
    provide your employer a copy of this Federal Register Notice; however,
    this Federal Register Notice is not acceptable evidence that your EAD
    has been automatically extended. Your employer may need to re-inspect
    your current EAD if your employer does not have a copy of the EAD on
    file. You and your employer should correct your previously completed
    Form I-9 as follows:
    1. For Section 1, you may:
    a. Draw a line through the expiration date in Section 1;
    b. Write the date that is 180 days from the date your current EAD
    expires (May 1, 2018) above the previous date (November 2, 2017); and
    c. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
    It is in category A-12 or C-19;
    The ``received date'' on Form I-797 is on or before the
    end of the 60-day re-registration period stated in this Notice; and
    The category code on the EAD is the same category code on
    Form I-797C, noting that employers should consider category codes A-12
    and C-19 to be the same category code;
    b. Draw a line through the expiration date written in Section 2;
    c. Write the date that is 180 days from the date the employee's
    current EAD expires (May 1, 2018) above the previous date (November 2,
    2017); and
    d. Initial and date the correction in the margin of Section 2.

    Note: This is not considered a reverification. Employers do not
    need to complete Section 3 until either the 180-day extension has
    ended or the employee presents a new document to show continued
    employment authorization, whichever is sooner. By May 2, 2018, when
    the employee's automatically extended employment authorization has
    ended, employers must reverify the employee's employment
    authorization in Section 3.

    If I am an employer enrolled in E-Verify, how do I verify a new
    employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee using
    the Form I-797C receipt information provided on Form I-9. The receipt
    number entered as the document number on Form I-9 should be entered
    into the document number field in E-Verify.

    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 ?

    E-Verify automated the verification process for employees whose
    TPS-related EAD was automatically extended. If 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 the auto-extension period for this
    EAD is about to expire. This indicates that you should update Form I-9
    in accordance with the instructions above. By the employee's start of
    work on May 2, 2018, employment authorization must be reverified in
    Section 3. Employers should not 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 USCIS at I9Central@dhs.gov. Calls and emails are
    accepted in English and many other languages. For questions about
    avoiding discrimination during the employment eligibility verification
    process (Form I-9 and E-Verify), employers may call the U.S. Department
    of Justice's Civil Rights Division, Immigrant and Employee Rights
    Section (IER) (formerly the Office of Special Counsel for Immigration-
    Related Unfair Employment Practices) Employer Hotline at 800-255-8155
    (TTY 800-237-2515). IER offers language interpretation in numerous
    languages. Employers may also email IER at IER@usdoj.gov.

    Note to Employees

    For general questions about the employment eligibility verification
    process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
    email USCIS at I-9Central@dhs.gov. Calls are accepted in English,
    Spanish, and many other languages. Employees or applicants may also
    call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
    information regarding employment discrimination based upon citizenship,
    immigration status, or national origin, including discrimination
    related to Employment Eligibility Verification (Form I-9) and E-Verify.
    The IER Worker 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,

    [[Page 47234]]

    or an acceptable List A, List B, or List C receipt as 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 an employee based on the
    employee's 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 an employee's 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). For more
    information about E-Verify-related discrimination or to report an
    employer for discrimination in the E-Verify process based on
    citizenship, immigration status, or national origin, contact IER's
    Worker 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 IER
    Web site at https://www.justice.gov/ier 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 of such documents are:
    (1) Your current EAD;
    (2) A copy of your receipt notice (Form I-797C) for your
    application to renew your current EAD providing an automatic extension
    of your currently expired or expiring EAD;
    (3) A copy of your Application for Temporary Protected Status
    Notice of Action (Form I-797) for this re-registration; and
    (4) A copy of your past or current Application for Temporary
    Protected Status Notice of Action (Form I-797), if you received one
    from USCIS.
    Check with the government agency regarding which document(s) the
    agency will accept. Some benefit-granting agencies use the USCIS
    Systematic Alien Verification for Entitlements (SAVE) program to
    confirm the current immigration status of applicants for public
    benefits. In most cases, SAVE provides an automated electronic response
    to benefit-granting agencies within seconds, but, occasionally,
    verification can be delayed. You can check the status of your SAVE
    verification by using CaseCheck at the following link: https://save.uscis.gov/casecheck/, then by clicking the ``Check Your Case''
    button. CaseCheck is a free service that lets you follow the progress
    of your SAVE verification using your date of birth and one immigration
    identifier number. If 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 on the SAVE Web site at http://www.uscis.gov/save.

    [FR Doc. 2017-22074 Filed 10-10-17; 8:45 am]
    BILLING CODE 9111-97-P


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