[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]





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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.



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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).

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    \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).

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    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

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                 If . . .                           Mail to . . .

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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.

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    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