[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]

[Notices]

[Pages 50725-50733]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2021-19617]

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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2676-21; DHS Docket No. USCIS-2019-0020]

RIN 1615-ZB83

Continuation of Documentation for Beneficiaries of Temporary

Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan,

Honduras, and Nepal

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

Homeland Security.

[[Page 50726]]

ACTION: Notice of Continuation of Temporary Protected Status and

related documentation for Certain TPS beneficiaries.

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

SUMMARY: Through this notice, the Department of Homeland Security (DHS)

announces actions to ensure its continued compliance with the

preliminary injunction orders of the U.S. District Court for the

Northern District of California in Ramos, et al. v. Nielsen, et. al.,

No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (``Ramos'') and the U.S.

District Court for the Eastern District of New York in Saget, et. al.,

  1. Trump, et. al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) (``Saget''),

and with the order of the U.S. District Court for the Northern District

of California to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-

00731 (N.D. Cal. Mar. 12, 2019) (``Bhattarai''). Beneficiaries under

the Temporary Protected Status (TPS) designations for El Salvador,

Nicaragua, Sudan, Honduras, and Nepal will retain their TPS while the

preliminary injunction in Ramos and the Bhattarai orders remain in

effect, provided that their TPS is not withdrawn because of individual

ineligibility. Beneficiaries under the TPS designation for Haiti will

retain their TPS while either of the preliminary injunctions in Ramos

or Saget remain in effect, provided that their TPS is not withdrawn

because of individual ineligibility. However, on August 3, 2021, DHS

issued a new designation for Haiti TPS, and in order to secure TPS

pursuant to the new Haiti designation, eligible individuals must apply

before the close of the registration period on Feb. 3, 2023. Eligible

individuals are strongly encouraged to apply at the earliest

practicable date, to ensure that their TPS continues beyond the court-

ordered extensions and without any gaps in status. See Designation of

Haiti for Temporary Protected Status. In addition, eligible individuals

who do not register for the new TPS designation during the registration

period, may be prohibited from filing a late initial registration

during any subsequent extension of the designation if they do not meet

certain conditions. This notice further provides information on the

automatic extension of the validity of TPS-related Employment

Authorization Documents (EADs); Notices of Action (Forms I-797); and

Arrival/Departure Records (Forms I-94), (collectively ``TPS-related

documentation''); for those beneficiaries under the TPS designations

for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.

DATES: DHS is automatically extending the validity of TPS-related

documentation for beneficiaries under the TPS designations for El

Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through December

31, 2022, from the current expiration date of October 4, 2021.

FOR FURTHER INFORMATION CONTACT:

[ballot] You may contact Andria Strano, Acting Chief, Humanitarian

Affairs Division, Office of Policy and Strategy, U.S. Citizenship and

Immigration Services, U.S. Department of Homeland Security, by mail at

5900 Capital Gateway Dr, Camp Springs, MD 20529-2140; or by phone at

800-375-5283.

[ballot] For further information on TPS, please visit the USCIS TPS

web page at www.uscis.gov/tps.

[ballot] If you have additional questions about TPS, please visit

uscis.gov/tools. Our online virtual assistant, Emma, can answer many of

your questions and point you to additional information on our website.

If you are unable to find your answers there, you may also call our

U.S. Citizenship and Immigration Services (USCIS) Contact Center at

800-375-5283 (TTY 800-767-1833).

[ballot] Applicants seeking information about the status of their

individual cases may check Case Status Online, available on the USCIS

website at www.uscis.gov, or visit the USCIS Contact Center at

uscis.gov/contactcenter.

[ballot] 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

CFR--Code of Federal Regulations

DHS--U.S. Department of Homeland Security

EAD--Employment Authorization Document

EOIR--Executive Office for Immigration Review

FNC--Final Nonconfirmation

Form I-765--Application for Employment Authorization

Form I-797--Notice of Action

Form I-821--Application for Temporary Protected Status

Form I-9--Employment Eligibility Verification

Form I-912--Request for Fee Waiver

Form I-94--Arrival/Departure Record

Government--U.S. Government

IER--U.S. Department of Justice, Civil Rights Division, Immigrant

and Employee Rights Section

INA--Immigration and Nationality Act

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

Background on 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 obtain EADs so long as they continue to meet the

requirements of TPS.

TPS beneficiaries may travel abroad temporarily with the

prior consent of DHS.

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)(1)-(2), 8 U.S.C.

1254a(c)(1)-(2).

When the Secretary of Homeland Security (the Secretary)

terminates a country's TPS designation, beneficiaries return to one of

the following:

[cir] The same immigration status or category that they maintained

before TPS, if any (unless that status or category has since expired or

been terminated); or

[cir] Any other lawfully obtained immigration status or category

they received while registered for TPS, as long as it is still valid on

the date TPS terminates.

Purpose of This Action

This notice ensures DHS's continued compliance with various court

orders issued by the federal district courts in the Ramos, Bhattarai,

and Saget lawsuits that require DHS to maintain the TPS designations

for El Salvador, Haiti, Sudan, Nicaragua, Honduras, and Nepal, as well

as the TPS and TPS-related documentation for eligible affected

beneficiaries.\1\ The U.S. Court of Appeals for the Ninth Circuit

vacated the district court's preliminary injunction in Ramos on

September 14, 2020, holding that the plaintiffs' claims under the

Administrative Procedures

[[Page 50727]]

Act were not subject to judicial review. However, the appellate order

is not currently effective because the Ninth Circuit has not issued its

``mandate'' to the federal district court to carry out the order, as

the plaintiffs' petition for rehearing en banc remains pending.\2\

Therefore, the Ramos preliminary injunction remains in effect. In

addition, the order of the district court in Bhattarai staying

proceedings and approving the parties' stipulated agreement to continue

TPS and TPS-related documentation for eligible beneficiaries from Nepal

and Honduras remains in effect. The Saget district court order

prohibiting the termination of TPS for Haiti also remains in effect

while the decision is on appeal to the U.S. Court of Appeals for the

Second Circuit. Affected TPS beneficiaries from the six countries will

retain their status, provided they continue to meet all the individual

requirements for TPS eligibility described in INA section 244(c) and 8

CFR 244. As necessary, DHS will publish future information in the

Federal Register to ensure its compliance with any relevant court

orders that may be issued after the date of this notice.

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

\1\ See Ramos, et al. v. Nielsen, et. al., No. 18-cv-01554 (N.D.

Cal. Oct. 3, 2018) (district court granted preliminary injunction

against terminations of TPS for El Salvador, Haiti, Sudan, and

Nicaragua) (``Ramos''); Saget, et. al., v. Trump, et. al., No. 18-

cv-1599 (E.D.N.Y. Apr. 11, 2019) (district court granted preliminary

injunction against termination of TPS for Haiti) (``Saget''); and

Bhattarai, et al. v. Nielsen, et al., No. 19-cv-00731 (N.D. Cal.

Mar. 12, 2019) (district court stayed proceedings until Ramos appeal

decided and approved parties' stipulation for continued TPS and

issuance of TPS-related documentation to eligible, affected

beneficiaries of TPS for Honduras and Nepal during the stay and

pendency of the appeal) (``Bhattarai'').

\2\ See Ramos, et al., v. Wolf, et al., No. 18-16981 (9th Cir.,

September 14, 2020).

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

DHS initially published notices to ensure its compliance with the

Ramos preliminary injunction on October 31, 2018 and March 1, 2019, and

the Bhattarai order to stay proceedings on May 10, 2019. See 83 FR

54764; 84 FR 7103; and 84 FR 20647. The Department later published a

notice to ensure its continued compliance with the combined orders in

Ramos, Bhattarai, and Saget on November 4, 2019. That notice

automatically extended certain TPS and TPS-related documentation

through January 4, 2021 for all eligible TPS beneficiaries covered by

the courts' orders. See 84 FR 59403. The Department last published a

notice to ensure its continued compliance with these combined court

orders on December 9, 2020. That notice again automatically extended

certain TPS and TPS-related documentation through October 4, 2021 for

all eligible TPS beneficiaries covered by the courts' orders. See 85 FR

  1. Through this Federal Register notice, DHS announces actions to

ensure its continued compliance with the district court orders in these

three lawsuits while those orders remain in effect.

The TPS designations for El Salvador, Nicaragua, and Sudan will

remain in effect, as required by the Ramos district court order, so

long as the preliminary injunction remains in effect. The 2011 TPS

designation for Haiti will remain in effect, as required by the

preliminary injunction orders in both Ramos and Saget, so long as

either of those preliminary injunctions remain in effect. The TPS

designations for Honduras and Nepal will remain in effect so long as

the Bhattarai order staying proceedings and approving the parties'

stipulated agreements continues in effect. Affected TPS beneficiaries

under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan,

Honduras, and Nepal will retain their TPS and their TPS-related

documentation will continue to be valid in accordance with the specific

orders that affect the TPS designations regarding their individual

countries, provided that the affected beneficiaries continue to meet

all the individual requirements for TPS. See INA section 244(c)(3). See

also 8 CFR 244.14. DHS will not terminate TPS for any of the affected

countries pending final disposition of the Ramos appeal, including

through any additional appellate channels in which relief may be

sought, or by other orders of the court. Following consideration of

current country conditions, the Secretary has already newly designated

Haiti for TPS for eighteen months, allowing individuals covered by the

Ramos and Saget injunctions as well as other eligible individuals to

register for and maintain TPS through February 3, 2023.

DHS is further announcing it is automatically extending, through

December 31, 2022, the validity of certain TPS-related documentation,

as specified in this notice, for beneficiaries under the TPS

designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and

Nepal provided that the affected beneficiaries remain individually

eligible for TPS.

Automatic Extension of EADs Issued Under the TPS Designations for El

Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

Through this Federal Register notice, DHS automatically extends the

validity of EADs listed in Table 1 below issued to beneficiaries under

the TPS designations for El Salvador, Haiti, Nicaragua, Sudan,

Honduras, and Nepal. Such beneficiaries may show their EADs to

employers to demonstrate they have employment authorization and may

choose to also show employers this Federal Register notice to explain

that their TPS-Related Documentation has been automatically extended

through December 31, 2022. This notice explains how TPS beneficiaries,

their employers, and benefit-granting agencies may determine which EADs

are automatically extended and how this affects the Form I-9,

Employment Eligibility Verification; E-Verify; and USCIS Systematic

Alien Verification for Entitlements (SAVE) processes. Additionally, a

beneficiary under the TPS designation for any of these countries who

has applied for a new EAD but who has not yet received his or her new

EAD is covered by this automatic extension, provided that the EAD he or

she possesses contains one of the expiration dates listed in Table 1

below.

Table 1--Affected EADs

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

Then the validity

 If an EAD has a category code of A-12 or C-19 and an of the EAD is

expiration date of: extended through:

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

07/22/2017........................................... 12/31/2022

11/02/2017........................................... 12/31/2022

01/05/2018........................................... 12/31/2022

01/22/2018........................................... 12/31/2022

03/09/2018........................................... 12/31/2022

06/24/2018........................................... 12/31/2022

07/05/2018........................................... 12/31/2022

11/02/2018........................................... 12/31/2022

01/05/2019........................................... 12/31/2022

04/02/2019........................................... 12/31/2022

06/24/2019........................................... 12/31/2022

07/22/2019........................................... 12/31/2022

09/09/2019........................................... 12/31/2022

01/02/2020........................................... 12/31/2022

01/05/2020........................................... 12/31/2022

03/24/2020........................................... 12/31/2022

01/04/2021........................................... 12/31/2022

10/04/2021........................................... 12/31/2022

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

Automatic Extension of Forms I-94 and Forms I-797

Also through this Federal Register notice, DHS automatically

extends the validity periods of the Forms I-94 and Forms I-797 listed

in Table 2 below previously issued to beneficiaries under the TPS

designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and

Nepal. These extensions apply only if the TPS beneficiary properly

filed for re-registration during either the most recent DHS-announced

registration period for their country, or any applicable previous DHS-

announced re-registration periods for the beneficiary's country,\3\ or

has a re-registration

[[Page 50728]]

application that remains pending. This notice does not extend the

validity periods of Forms I-94 or Forms I-797 for any TPS beneficiary

who failed to file for TPS re-registration during one of the applicable

previous DHS-announced re-registration periods, or for whom a re-

registration request has been denied. In addition, the extensions do

not apply for any beneficiary from whom TPS has been withdrawn.

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

\3\ El Salvador: July 8-Sept. 6, 2016, or Jan. 18-Mar. 19, 2018;

Haiti: Aug. 25-Oct. 26, 2015, May 24-July 24, 2017, or Jan. 18-

Mar. 19, 2018;

Honduras: May 16-July 16, 2016; Dec. 15, 2017-Feb. 13, 2018 or

June 5-Aug. 6, 2018;

Nepal: Oct. 26-Dec. 27, 2016 or May 22-July 23, 2018;

Nicaragua: May 16-July 15, 2016 or Dec. 15, 2017-Feb. 13, 2018;

Sudan: Jan. 25-March 25, 2016 or Oct. 11, 2017-Dec. 11, 2017.

Table 2--Affected Forms I-94 and I-797 4

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

Validity of

Beginning date of forms I-94 and

Country validity: End date of validity: I-797 extended

through:

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

El Salvador............................. Sept. 10, 2016............ Mar. 9, 2018.............. 12/31/2022

Mar. 10, 2018............. Sept. 9, 2019............. 12/31/2022

Sept. 10, 2019............ Oct. 4, 2021.............. 12/31/2022

Haiti................................... Jan. 23, 2016............. July 22, 2017............. 12/31/2022

July 23, 2017............. Jan. 22, 2018............. 12/31/2022

Jan. 23, 2018............. July 22, 2019............. 12/31/2022

July 23, 2019............. Oct. 4, 2021.............. 12/31/2022

Honduras................................ July 6, 2016.............. Jan. 5, 2018.............. 12/31/2022

Jan. 6, 2018.............. July 5, 2018.............. 12/31/2022

July 6, 2018.............. Jan. 5, 2020.............. 12/31/2022

Jan. 6, 2020.............. Oct. 4, 2021.............. 12/31/2022

Nepal................................... Dec. 25, 2016............. June 24, 2018............. 12/31/2022

June 25, 2018............. June 24, 2019............. 12/31/2022

June 25, 2019............. Oct. 4, 2021.............. 12/31/2022

Nicaragua............................... July 6, 2016.............. Jan. 5, 2018.............. 12/31/2022

Jan. 6, 2018.............. Jan. 5, 2019.............. 12/31/2022

Jan. 6, 2019.............. Oct. 4, 2021.............. 12/31/2022

Sudan................................... May 3, 2016............... Nov. 2, 2017.............. 12/31/2022

Nov. 3, 2017.............. Nov. 2, 2018.............. 12/31/2022

Nov. 3, 2018.............. Oct. 4, 2021.............. 12/31/2022

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

Application Procedures

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

\4\ Your Forms I-94 and I-797 may show a different beginning

date of validity than those listed here if you were a late initial

filer (LIF) at the time because the forms would have the date of

approval of your LIF application for TPS. As long as they bear an

end date of validity listed in this chart, then they are

automatically extended by this Notice.

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

Current beneficiaries covered by the court orders that continue the

TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua,

and Sudan do not need to pay a fee or file any application, including

Application for Employment Authorization (Form I-765), to maintain

their TPS benefits through December 31, 2022 under this notice,

provided that they have properly re-registered for TPS during either

the most recent DHS-announced registration period for their country, or

any applicable previous re-registration period described in Footnote 3.

However, in order to secure TPS pursuant to the new Haiti designation,

eligible individuals must apply before the close of the registration

period on Feb. 3, 2023. Eligible individuals for the new TPS Haiti

designation are strongly encouraged to apply at the earliest

practicable date, to ensure that their TPS continues beyond the court-

ordered extensions and without any gaps in status.

In addition, eligible individuals who do not register for the new

TPS designation during the registration period, may be prohibited from

filing a late initial registration during any subsequent extension of

the designation if they do not meet certain conditions. See 8 CFR

244.2(f)(2).

TPS beneficiaries who have failed to re-register properly for TPS

during any of these re-registration periods may still file an

Application for Temporary Protected Status (Form I-821), but must

demonstrate ``good cause'' for failing to re-register on time, as

required by law. See INA section 244(c)(3)(C) (TPS beneficiary's

failure to register without good cause in form and manner specified by

DHS is ground for TPS withdrawal); 8 CFR 244.17(b) and Form I-821

instructions.\5\

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

\5\ An applicant for TPS Haiti who applies under the procedures

announced in the Notice regarding the new TPS designation of Haiti

at 86 FR 41863 (Aug. 3, 2021) is an initial applicant and does not

have to demonstrate ``good cause'' for failing to re-register under

prior TPS Haiti designations.

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

Any currently eligible beneficiary who does not presently have a

pending EAD application under the TPS designations for El Salvador,

Haiti, Nicaragua, Sudan, Honduras or Nepal may file Form I-765 with

appropriate fee in order to obtain a new EAD with a printed expiration

date of December 31, 2022.

Possible Future Actions

In order to comply with statutory requirements for TPS while the

district courts' orders or any superseding court order concerning the

beneficiaries under the TPS designations for El Salvador, Haiti,

Nicaragua, Sudan, Honduras, and Nepal remain in effect, DHS may require

these beneficiaries to re-register and will announce the re-

registration procedures in a future Federal Register notice. DHS has

the authority to conduct TPS re-registration in accordance with INA

section 244(c)(3)(C) and 8 CFR 244.17. Through the re-registration

process, which is generally conducted every twelve to eighteen months

while a country is designated for TPS, USCIS determines whether each

TPS beneficiary is continuing to maintain individual eligibility for

TPS, including but not limited to, the requirements related to

disqualifying criminal or security issues. See id.; INA section

244(c)(2); 8 CFR 244.2, 244.3, and 244.4 (describing individual TPS

eligibility requirements, including mandatory criminal and security

bars).

The Secretary has already newly designated Haiti for TPS for

eighteen months through February 3, 2023. 86 FR 41863. Eligible Haitian

nationals (and individuals having no nationality who last habitually

resided in Haiti) who wish to receive or continue their existing TPS

through that date are

[[Page 50729]]

encouraged to submit their applications for TPS by following the

instructions in the Federal Register notice, Designation of Haiti for

Temporary Protected Status, at 86 FR 41863. Failure to submit an

application under the new designation of Haiti, however, does not

affect the continuation of the validity of the TPS and TPS documents

through December 31, 2022 as described in this notice.

The Government has appealed both the Ramos and Saget preliminary

injunctions. The U.S. Court of Appeals for the Ninth Circuit ruled for

the Government and vacated the Ramos preliminary injunction on

September 14, 2020. However, the preliminary injunction remains in

effect because the appellate court has not issued its directive (i.e.,

the mandate) to the district court to implement the panel's decision

due to the pendency of the plaintiffs' petition for rehearing en banc.

Should the Government ultimately prevail in its challenge to the Ramos

preliminary injunction, and absent any further change in the TPS

designations for Nicaragua, Sudan, Honduras, and Nepal, the Secretary's

determination to terminate TPS for those countries would take effect no

earlier than 120 days from the issuance of any appellate mandate to the

district court. Absent any further change in the TPS designation for El

Salvador, the Secretary's determination to terminate TPS for that

country will take effect no earlier than 365 days from the issuance of

any appellate mandate to the Ramos district court. DHS provides this

additional time for El Salvador TPS beneficiaries in part because there

are almost 100,000 more such beneficiaries than in the combined TPS

beneficiary populations of all the other five countries covered by this

notice.\6\ The additional period of 245 days beyond 120 days would

permit an orderly transition for beneficiaries of TPS from El Salvador

as they return to their homeland. If the Government prevails in its

appeals, DHS will also continue to monitor the circumstances of the

affected beneficiaries under the other five TPS country designations

covered by this notice. See INA section 244(d)(3).

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

\6\ As of December 31, 2019, the number of TPS beneficiaries

covered under the affected designations were: El Salvador 247,412;

Haiti 55,218; Nicaragua 4,409; Sudan 771; Honduras 79,290; Nepal

14,549.

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

To the extent that a Federal Register notice has automatically

extended TPS-related documentation beyond 120 days from the issuance of

any appellate mandate to the District Court, DHS reserves the right to

issue a subsequent Federal Register notice announcing an expiration

date for the documentation that corresponds to the last day of the 120-

day period for Sudan, Nicaragua, Honduras, and Nepal. Should the

Government move to vacate the Bhattarai order to stay proceedings in

light of an appellate decision affirming the preliminary injunction in

Ramos that suggests a basis on which to distinguish the determinations

to terminate the TPS designations for Honduras and Nepal from the TPS

terminations at issue in Ramos, TPS will remain in effect for Honduras

and Nepal for at least 180 days following an order of the District

Court vacating the stay in proceedings.

The Secretary has announced a new 18-month designation of Haiti for

TPS, which continues through February 3, 2023. Application procedures

for TPS under this new Haiti designation, including for individuals who

currently have TPS pursuant to the court orders, are provided in the

notice published at 86 FR 41863.

Additional Notes

Nothing in this notice affects DHS's ongoing authority to determine

on a case-by-case basis whether a TPS beneficiary continues to meet the

eligibility requirements for TPS described in INA section 244(c) and

the implementing regulations in part 244 of Title 8 of the Code of

Federal Regulations.

Notice of Compliance with the ``Order Enjoining the Implementation

and Enforcement of Determinations to Terminate the TPS Designations for

El Salvador, Haiti, Nicaragua, and Sudan'' in Ramos, the ``Order

Enjoining the Implementation of Enforcement of Determination to

Terminate the TPS Designation of Haiti'' in Saget, and the ``Order to

Stay Proceedings and Agreement to Stay the Determinations to Terminate

the TPS Designations for Honduras and Nepal'' in Bhattarai

The previously announced determinations to terminate the existing

designations of TPS for El Salvador, Nicaragua, and Sudan \7\ will not

be implemented or enforced unless and until the district court's order

in Ramos is reversed and that reversal becomes final. The previously

announced determination to terminate the 2011 designation of TPS for

Haiti will not be implemented or enforced unless and until the district

court's order in Saget is reversed and the reversal becomes final.\8\

As required by the order to stay proceedings in Bhattarai, DHS will not

implement or enforce the previously announced determinations to

terminate the existing TPS designations for Honduras and Nepal \9\

unless and until the district court's order in Ramos enjoining

implementation and enforcement of the determinations to terminate the

TPS designations for El Salvador, Haiti, Nicaragua, and Sudan is

reversed and that reversal becomes final for some or all of the

affected countries, or by other order of the court. Any termination of

TPS-related documentation for beneficiaries under the TPS designations

for Nicaragua, Sudan, Honduras, and Nepal will go into effect no

earlier than 120 days, and no earlier than 365 days for beneficiaries

under the TPS designation for El Salvador, following the issuance of

any mandate to the district court, as described in the ``Possible

Future Action'' section of this Federal Register notice.\10\

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

\7\ See Termination of the Designation of El Salvador for

Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018); Termination

of the Designation of Nicaragua for Temporary Protected Status, 82

FR 59636 (Dec. 15, 2017); Termination of the Designation of Sudan

for Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017).

\8\ See Termination of the Designation of Haiti for Temporary

Protected Status, 83 FR 2648 (Jan. 18, 2018).

\9\ See Termination of the Designation of Honduras for Temporary

Protected Status, 83 FR 26074 (June 5, 2018); Termination of the

Designation of Nepal for Temporary Protected Status, 83 FR 23705

(May 22, 2018).

\10\ An additional provision in the Bhattarai Order to Stay

Proceedings states that if the preliminary injunction in Ramos is

upheld, but the Government moves to vacate the Bhattarai Order based

on reasons for distinguishing the terminations of TPS for Honduras

and Nepal from those under the injunction in Ramos, TPS will remain

in effect for Honduras and Nepal for at least 180 days following an

order of the District Court vacating its stay of proceedings order.

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

In further compliance with the still-valid district court orders,

DHS is publishing this notice automatically extending the validity of

the TPS-related documentation specified in the Supplementary

Information section of this notice through December 31, 2022, for

eligible beneficiaries under the TPS designations for El Salvador,

Haiti, Nicaragua, Sudan, Honduras, and Nepal. DHS will continue to

issue notices that will automatically extend TPS-related documentation

for all affected beneficiaries under the TPS designations for El

Salvador, Nicaragua, Sudan, Honduras and Nepal, so long as the Ramos

preliminary injunction and Bhattarai order to stay proceedings remain

in place; for Haiti as long as the Ramos or Saget preliminary

injunctions remain in place; or by other order of the court. However,

should compliance with the Ramos, Bhattarai, and/or Saget court orders

remain necessary, DHS may announce periodic re-registration procedures

for eligible TPS beneficiaries in accordance with the INA and DHS

[[Page 50730]]

regulations. DHS further continues its commitment to a transition

period, as described above.

All TPS beneficiaries must continue to maintain their TPS

eligibility by meeting the requirements for TPS in INA section 244(c)

and 8 CFR part 244. DHS will continue to adjudicate any pending TPS re-

registration and pending late initial applications for affected

beneficiaries under the TPS designations for El Salvador, Nicaragua,

Sudan, Honduras, and Nepal. Nationals of Haiti (and individuals having

no nationality who last habitually resided in Haiti) are encouraged to

apply under the new designation for Haiti announced at 86 FR 41863.\11\

DHS will also continue to make appropriate individual TPS withdrawal

decisions in accordance with existing procedures if an individual no

longer maintains TPS eligibility. DHS will take appropriate steps to

continue its compliance with the orders, and with all statutory

requirements.

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

\11\ As noted above, the Department of Homeland Security (DHS)

announced that the Secretary of Homeland Security (Secretary) has

newly designated Haiti for TPS for eighteen months, effective August

3, 2021 through February 3, 2023. This designation allows eligible

Haitian nationals (and individuals having no nationality who last

habitually resided in Haiti) who have continuously resided in the

United States since July 29, 2021, and who have been continuously

physically present in the United States since August 3, 2021 to

apply for TPS. TPS beneficiaries whose TPS has been continued

pursuant to court orders, as described in 85 FR 79208 (Dec. 9,

2020), should newly apply for TPS following the instructions in

Federal Register Notice Designation of Haiti for Temporary Protected

Status at 86 FR 41863.

Alejandro N. Mayorkas,

Secretary, U.S. Department of Homeland Security.

Approved Documentation To Demonstrate Continuation of Lawful Status and

TPS-Related Employment Authorization

Documentation automatically extended through this Federal

Register notice dated September 10, 2021.

[cir] Certain TPS-related documentation, including EADs, of

affected beneficiaries under the TPS designations for El Salvador,

Haiti, Nicaragua, Sudan, Honduras, and Nepal, that are automatically

extended through this Federal Register notice through December 31,

2022.

[cir] Regardless of their country of birth, a beneficiary granted

TPS under the designation for El Salvador, Haiti, Nicaragua, Sudan,

Honduras, or Nepal may show his or her EAD that has been automatically

extended to his or her employer to demonstrate identity and continued

TPS-related employment eligibility to meet Employment Eligibility

Verification (Form I-9) requirements. A beneficiary granted TPS under a

designation for one of these countries may also choose to show an

employer this Federal Register notice, which explains that his or her

EAD has been automatically extended.

[cir] As evidence of his or her lawful status, a TPS beneficiary

may show his or her EAD that has been automatically extended, or Form

I-94, or Form I-797, along with a copy of this Federal Register notice,

to law enforcement, federal, state, and local government agencies, and

private entities.

Unexpired EAD.

Alternatively, such a TPS beneficiary may choose to show

other acceptable documents that are evidence of identity and employment

eligibility as described in the instructions to Form I-9.

Am I eligible to receive an automatic extension of my current EAD using

this Federal Register notice?

Yes. Provided that you currently have a TPS-related EAD with the

specified expiration dates below, this notice automatically extends

your EAD as stated in Table 3 below.

Table 3--Affected EADs

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

Then this Federal

 If your EAD has category code of A-12 or C-19 and Register notice

an expiration date of: extends your EAD

through:

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

07/22/2017........................................... 12/31/2022

11/02/2017........................................... 12/31/2022

01/05/2018........................................... 12/31/2022

01/22/2018........................................... 12/31/2022

03/09/2018........................................... 12/31/2022

06/24/2018........................................... 12/31/2022

07/05/2018........................................... 12/31/2022

11/02/2018........................................... 12/31/2022

01/05/2019........................................... 12/31/2022

04/02/2019........................................... 12/31/2022

06/24/2019........................................... 12/31/2022

07/22/2019........................................... 12/31/2022

09/09/2019........................................... 12/31/2022

01/02/2020........................................... 12/31/2022

01/05/2020........................................... 12/31/2022

03/24/2020........................................... 12/31/2022

01/04/2021........................................... 12/31/2022

10/04/2021........................................... 12/31/2022

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

When hired, what documentation may I show to my employer as evidence of

employment authorization and identity when completing Form I-9?

You can find the Lists of Acceptable Documents on the third page of

Form I-9 as well as the Acceptable Documents web page at www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to

verify the identity and employment authorization of all new employees.

Within three days of hire, employees must present acceptable documents

to their employers as evidence of identity and employment authorization

to satisfy Form I-9 requirements.

You may present any documentation from List A (which provides

evidence of both your identity and employment authorization) or

documentation from List B (which provides evidence of your identity)

together with documentation from List C (which provides evidence of

your employment authorization), or you may present an acceptable

receipt as described in the Form I-9 instructions. Employers may not

reject a document based on a future expiration date. You can find

additional information about Form I-9 on the I-9 Central web page at

www.uscis.gov/I-9Central.

An EAD is an acceptable document under List A. See the section

``How do my employer and I complete Form I-9 using my automatically

extended employment authorization for a new job?'' of this Federal

Register notice for further information. If your EAD has one of the

expiration dates in Table 4 and states A-12 or C-19 under Category, it

has been extended automatically by virtue of this Federal Register

notice, and you may choose to present it to your employer as proof of

identity and employment eligibility for Form I-9 through December 31,

2022, unless your TPS has been withdrawn or your request for TPS has

been denied.

[[Page 50731]]

Table 4--Affected EADs and Form I-9

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

Your employer

If your EAD has category code of A- Enter this date must reverify

 12 or C-19 and an expiration date in Section 1 of your employment

of: Form I-9: authorization by:

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

07/22/2017........................ 12/31/2022 01/01/2023

11/02/2017........................ 12/31/2022 01/01/2023

01/05/2018........................ 12/31/2022 01/01/2023

01/22/2018........................ 12/31/2022 01/01/2023

03/09/2018........................ 12/31/2022 01/01/2023

06/24/2018........................ 12/31/2022 01/01/2023

07/05/2018........................ 12/31/2022 01/01/2023

11/02/2018........................ 12/31/2022 01/01/2023

01/05/2019........................ 12/31/2022 01/01/2023

04/02/2019........................ 12/31/2022 01/01/2023

06/24/2019........................ 12/31/2022 01/01/2023

07/22/2019........................ 12/31/2022 01/01/2023

09/09/2019........................ 12/31/2022 01/01/2023

01/02/2020........................ 12/31/2022 01/01/2023

01/05/2020........................ 12/31/2022 01/01/2023

03/24/2020........................ 12/31/2022 01/01/2023

01/04/2021........................ 12/31/2022 01/01/2023

10/04/2021........................ 12/31/2022 01/01/2023

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

What documentation may I present to my employer for Form I-9 if I am

already employed but my current TPS-related EAD is set to expire?

Even though your EAD has been automatically extended, your employer

is required by law to ask you about your continued employment

authorization. Your employer may need to re-inspect your automatically

extended EAD to check the Card Expires date and Category code if your

employer did not keep a copy of your EAD when you initially presented

  1. Once your employer has reviewed the Card Expires date and Category

code, your employer should update the EAD expiration date in Section 2

of Form I-9. See the section, ``What updates should my current employer

make to Form I-9 if my EAD has been automatically extended?'' of this

Federal Register notice for further information. You may show this

Federal Register notice to your employer to explain what to do for Form

I-9 and to show that your EAD has been automatically extended through

December 31, 2022 as indicated in the above chart, but you are not

required to do so.

The last day of the automatic extension for your EAD is December

31, 2022. On or before you start work on January 1, 2023, your employer

is required by law to reverify your employment authorization in Section

3 of Form I-9. By 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 may not specify which List A or List C document you

must present and cannot reject an acceptable receipt.

Can I obtain a new EAD?

Yes, if you remain eligible for TPS and apply for a new EAD, you

can obtain a new EAD. However, you do not need to apply for a new EAD

in order to benefit from this automatic extension. If you are a

beneficiary under the TPS designations for El Salvador, Haiti,

Nicaragua, Sudan, Honduras, or Nepal and want to obtain a new EAD valid

through December 31, 2022, then you must file Form I-765 and pay the

associated fee (or obtain a fee waiver). If you do not want a new EAD,

you do not have to file Form I-765 or pay the Form I-765 fee. If you do

not want to request a new EAD now, you may file Form I-765 at a later

date and pay the fee (or request a fee waiver), provided that you still

have TPS or a pending TPS application.

If you are unable to pay the application fee and/or biometric

services fee, you may request a fee waiver by submitting a Request for

Fee Waiver (Form I-912). For more information on the application forms

and fees for TPS, please visit the USCIS TPS web page at www.uscis.gov/tps.

If you have a Form I-821 and/or Form I-765 application that is

still pending under the TPS designations for El Salvador, Haiti,

Nicaragua, Sudan, Honduras, or Nepal, then you should not file either

application again. If your pending Form I-821 is approved, you will be

issued Forms I-797 and I-94 through December 31, 2022. Similarly, if

you have a pending TPS-related Form I-765 that is approved, your new

EAD will be valid through December 31, 2022. Your TPS itself continues

as long as the preliminary injunction impacting your country's TPS

designation remains in effect and in accordance with any relevant

future Federal Register notices that DHS may issue respecting your

country's TPS designation, or until your TPS is finally withdrawn for

individual ineligibility under INA section 244(c), or the applicable

TPS designation is terminated as discussed in the ``Possible Future

Action'' section of this Federal Register notice.

Can my employer require that I provide any other documentation to prove

my status, such as proof of my citizenship from El Salvador, Haiti,

Nicaragua, Sudan, Honduras, or Nepal?

No. When completing Form I-9, including reverifying employment

authorization, employers must accept any documentation that appears on

the Form I-9 Lists of Acceptable Documents that reasonably appears to

be genuine and that relates to you, or an acceptable List A, List B, or

List C receipt. Employers need not reverify List B identity documents.

Therefore, employers may not request proof of 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 you

present an EAD that has been automatically extended, employers should

accept it as a valid List A document, so long as the EAD reasonably

appears to be genuine and relates to the employee. Refer to the ``Note

to Employees'' section of this Federal Register notice for important

[[Page 50732]]

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 Form I-9 using my automatically

extended employment authorization for a new job?

See Table 4 in the question ``When hired, what documentation may I

show to my employer as evidence of employment authorization and

identity when completing Form I-9?'' to determine if your EAD has been

automatically extended.

  1. For Section 1, you should:
  2. Check ``An alien authorized to work until'' and enter December

31, 2022, as the expiration date; and

  1. Enter your 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).

  1. For Section 2, employers should:
  2. Determine if your EAD has been automatically extended by using

Table 4 in the question ``When hired, what documentation may I show to

my employer as evidence of employment authorization and identity when

completing Form I-9?''

  1. Write in the document title;
  2. Enter the issuing authority;
  3. Provide the document number; and
  4. Write December 31, 2022, as the expiration date.

On or before the start of work on January 1, 2023, employers must

reverify the employee's employment authorization in Section 3 of Form

I-9.

What updates should my current employer make to Form I-9 if my

employment authorization has been automatically extended?

If you presented a TPS-related EAD that was valid when you first

started your job and your EAD has now been automatically extended, your

employer may need to re-inspect your current EAD if they do not have a

copy of the EAD on file. See Table 4 in the question ``When hired, what

documentation may I show to my employer as evidence of employment

authorization and identity when completing Form I-9?'' to determine if

your EAD has been automatically extended.

If your employer determines that your EAD has been automatically

extended, your employer should update Section 2 of your previously

completed Form I-9 as follows:

  1. Write EAD EXT and December 31, 2022, as the last day of the

automatic extension in the Additional Information field; and

  1. Initial and date the correction.

Note: This is not considered a reverification. Employers should

not complete Section 3 until either this notice's automatic

extension of EADs has ended, or the employee presents a new document

to show continued employment authorization, whichever is sooner. By

January 1, 2023, when the employee's automatically extended EAD has

expired, employers are required by law to 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 by

entering the number from the Document Number field on Form I-9 into the

document number field in E-Verify. Employers should enter December 31,

2022, as the expiration date for EADs that have been automatically

extended under this Federal Register notice.

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 has automated the verification process for TPS-related

EADs that are automatically extended. If you have employees who

provided a TPS-related EAD when they 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. On or

before this employee starts work on January 1, 2023, you must reverify

his or her employment authorization in Section 3 of Form I-9. Employers

may not use E-Verify for reverification.

If I already have TPS for Haiti, do I need to apply under the new TPS

designation for Haiti?

TPS beneficiaries under the Haiti designation whose TPS has been

continued pursuant to court orders, and as described in this notice,

are strongly encouraged to apply for TPS before the close of the

registration period on Feb. 3, 2023, following the instructions in the

August 3, 2021 Federal Register notice regarding the new Designation of

Haiti for Temporary Protected Status at 86 FR 41863. Eligible

individuals are strongly encouraged to apply at the earliest

practicable date, to ensure that their TPS continues beyond the court-

ordered extensions and without any gaps in status. Eligible individuals

who do not register for the new TPS designation during the registration

period may be prohibited from filing a late initial registration during

any subsequent extension of the designation if they do not meet certain

conditions. See 8 CFR 244.2(f)(2).

If you are found eligible for TPS under the new Haiti designation,

your TPS will continue through February 3, 2023, even if the current

court orders in Ramos and Saget that continue TPS are no longer in

effect.

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 Federal Register 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@uscis.dhs.gov. USCIS accepts calls and emails 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) 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@uscis.dhs.gov. USCIS accepts calls 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 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 50733]]

or an acceptable List A, List B, or List C receipt as described in the

Form I-9 instructions. Employers may not require extra or additional

documentation beyond what is required for 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

an employee's Form I-9 differs from records available to DHS.

Employers may not terminate, suspend, delay training, withhold or

lower pay, or take any other adverse action against an employee because

of the TNC while 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 Form I-9 and E-Verify

procedures is available on the IER website at www.justice.gov/ier and

on the USCIS and E-Verify websites at www.uscis.gov/i-9-central and

www.e-verify.gov.

Note Regarding Federal, State, and Local Government Agencies (Such as

Departments of Motor Vehicles)

For Federal purposes, TPS beneficiaries presenting an automatically

extended EAD as referenced in this Federal Register notice do not need

to show any other document, such as an I-797C Notice of Action receipt

notice or this Federal Register notice, to prove that they qualify for

this extension. However, 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, show you are authorized to work based on TPS or

other status, and/or that may be used by DHS to determine whether you

have TPS or other immigration status. Examples of such documents are:

Your current EAD;

Your automatically extended EAD with a TPS category code

of A-12 or C-19 and an expiration date shown in Table 3 in the question

``Am I eligible to receive an automatic extension of my current EAD

using this Federal Register notice?''; or

Your Form I-94, Arrival/Departure Record or Form I-797 as

shown in Table 2.

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 Program (SAVE) program to confirm the

current immigration status of applicants for public benefits. While

SAVE can verify when an individual has TPS, each agency's procedures

govern whether they will accept an unexpired EAD, Form I-797, or Form

I-94, Arrival/Departure Record. If an agency accepts the type of TPS-

related document you are presenting, such as an EAD, the agency should

accept your automatically extended TPS-related document, regardless of

your country of birth. It may assist the agency if you:

  1. Present the agency with a copy of this Federal Register notice

showing the extension of TPS-related documentation, in addition to your

most recent TPS-related document with your A-Number, USCIS number or

Form I-94 number;

  1. Explain that SAVE will be able to verify the continuation of

your TPS using this information; and

  1. Ask the agency to initiate a SAVE query with your information

and follow through with additional verification steps, if necessary, to

receive a final SAVE response verifying your TPS and TPS-related

benefits.

You can also ask the agency to look for SAVE notices or contact

SAVE if they have any questions about your immigration status or

automatic extension of TPS-related documentation. 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 save.uscis.gov/casecheck/. CaseCheck is a free service

that lets you follow the progress of your SAVE verification case using

your date of birth and one immigration identifier number (A-Number,

USCIS number, or Form I-94 number) or Verification Case 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 case and

you do not believe the SAVE response is correct, the SAVE website,

http://www.uscis.gov/save, has information on how to correct or update

your immigration record, make an appointment, or submit a written

request to correct records.

[FR Doc. 2021-19617 Filed 9-9-21; 8:45 am]

BILLING CODE 9111-97-P