Designation of Burma (Myanmar) for Temporary Protected Status
| Published date | 25 May 2021 |
| Citation | 86 FR 28132 |
| Record Number | 2021-11075 |
| Section | Notices |
| Court | U.s. Citizenship And Immigration Services |
Federal Register, Volume 86 Issue 99 (Tuesday, May 25, 2021)
[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Pages 28132-28137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11075]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2686-21; DHS Docket No. USCIS-2021-0005]
RIN 1615-ZB88
Designation of Burma (Myanmar) for Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) designation.
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SUMMARY: Through this Notice, DHS announces that the Secretary of
Homeland Security is designating Burma for TPS for 18 months, effective
May 25, 2021, through November 25, 2022. Under the Immigration and
Nationality Act (INA), the Secretary is authorized to designate a
foreign state (or any part thereof) for TPS upon finding that
extraordinary and temporary conditions in the foreign state prevent its
nationals from returning safely, unless permitting the foreign state's
nationals to remain temporarily in the United States is contrary to the
national interest of the United States. Regardless of an individual's
country of birth, this designation allows eligible Burmese nationals
(and individuals having no nationality who last habitually resided in
Burma) who have continuously resided in the United States since March
11, 2021, and have been continuously physically present in the United
States since May 25, 2021 to apply for TPS. This Notice also describes
the other eligibility criteria applicants must meet. Individuals who
believe they may qualify for TPS under this designation may apply
within the 180-day registration period that begins on May 25, 2021, and
ends on November 22, 2021. They may also apply for TPS-related
Employment Authorization Documents (EADs) and for travel authorization.
DATES: The designation of Burma for TPS is effective on May 25, 2021
and
[[Page 28133]]
will remain in effect for 18 months, through November 25, 2022.
The 180-day registration period for eligible individuals to submit
TPS applications begins May 25, 2021, and will remain in effect through
November 22, 2021.
FOR FURTHER INFORMATION CONTACT:
You may contact Maureen Dunn, Chief, Humanitarian Affairs
Division, Office of Policy and Strategy, U.S. Citizenship and
Immigration Services, Department of Homeland Security, by mail at 5900
Capital Gateway Drive, Camp Springs, MD 20746, or by phone at 800-375-
5283.
For further information on TPS, including guidance on the
registration process and additional information on eligibility, please
visit the USCIS TPS web page at uscis.gov/tps. You can find specific
information about Burma's TPS designation by selecting ``Burma'' from
the menu on the left side of the TPS web page.
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
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at uscis.gov, or visit the USCIS Contact Center at uscis.gov/contactcenter.
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
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action (Approval Notice)
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
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
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
U.S.C.--United States Code
Purpose of This Action (TPS)
Through this Notice, DHS sets forth procedures necessary for
eligible nationals of Burma (or individuals having no nationality who
last habitually resided in Burma) to submit an initial registration
application under the designation of Burma for TPS and apply for an
EAD. Under the designation, individuals must submit an initial
Application for Temporary Protected Status (Form I-821) and they may
also submit an Application for Employment Authorization (Form I-765)
during the 180-day initial registration period that runs from May 25,
2021 through November 22, 2021. In addition to demonstrating continuous
residence in the United States since March 11, 2021, and meeting other
eligibility criteria, initial applicants for TPS under this designation
must demonstrate that they have been continuously physically present in
the United States since May 25, 2021, the effective date of this
designation of Burma, in order for USCIS to grant them TPS. USCIS
estimates that approximately 1,600 individuals are eligible to apply
for TPS under the designation of Burma.
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state.
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 also apply for and be granted travel
authorization as a matter of discretion. Upon return from such
authorized travel, TPS beneficiaries retain the same immigration status
they had before the travel.
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 terminates a foreign state'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
beyond the date TPS terminates.
Why was Burma designated for TPS?
Overview
On February 1, 2021, the Burmese military perpetrated a coup,
deposing the democratically elected government and declaring a
temporary one-year state of emergency, after which it has said it will
hold elections. The military is responding with increasing oppression
and violence to demonstrations and protests, resulting in large-scale
human rights abuses, including arbitrary detentions and deadly force
against unarmed individuals. The coup has triggered a humanitarian
crisis, including the disruption of communications and limited access
to medical care. The Burmese military has a clear and well-documented
history of committing atrocities against the people of Burma, and
again, the military is committing brutal violence against the Burmese
people, including young children.
Political Crisis
On February 1, 2021, the Burmese military seized power in a coup
against the democratically elected government led by President Win
Myint and State Counsellor Aung San Suu Kyi, who were taken into
custody along with other leaders of their party, the National League
for Democracy (NLD).\1\ Immediately after the coup, there were
disruptions of internet and cellular service, state television went off
air, security checkpoints were set up in major cities, and banks
suspended services. The military has imposed a curfew across the
country, from 8 p.m. until 6 a.m.\2\ and restricted internet and
telecommunication services across the country. The military regime has
also blocked social media sites such as Facebook and Twitter, detained
journalists for doing their work, and is drafting a cybersecurity law
that will
[[Page 28134]]
further restrict online freedom of expression.\3\ These disruptions,
limitations, and detentions prevent persons in Burma from obtaining
timely safety information.
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\1\ ``Myanmar military seizes power, detains elected leader Aung
San Suu Kyi,'' Reuters, Feb. 1, 2021.
\2\ ``Myanmar's military stages coup d'etat: Live news,'' Al-
Jazeera, Feb. 1, 2021.
\3\ ``Myanmar coup: Teachers join growing protests against
military'', BBC News, Feb. 5. 2021; Myanmar: ``A coup is worse than
covid. I've lived through three'', The Economist, Feb. 5. 2021;
Report of the Special Rapporteur on the situation of human rights in
Myanmar, Thomas H. Andrews, U.N. Human Rights Council, Mar. 4, 2021.
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Public protests have taken place in various parts of the country,
including some that occur on a nightly basis and some with thousands of
participants, in spite of the government's continued blocking of social
media websites.\4\ Since February 5, a grassroots peaceful Civil
Disobedience Movement (CDM), spearheaded by political leaders, civil
society activists, youth, government bureaucrats, and health officials,
has spread in cities across the country.\5\ The protest sizes ebb and
flow, reaching numbers of more than 1 million people on February 22.
Airport, bank, and health care workers have gone on strike.\6\
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\4\ ``Myanmar coup: Teachers join growing protests against
military'', BBC News, Feb. 5. 2021; Myanmar: ``A coup is worse than
covid. I've lived through three'', The Economist, Feb. 5. 2021.
\5\ ``Myanmar's Military Arrests Doctors for Joining and
Supporting Civil Disobedience Movement'', The Irrawaddy, Feb. 12,
2021; Report of the Special Rapporteur on the situation of human
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council,
Mar. 4, 2021.
\6\ ``Myanmar grinds to a halt as hundreds of thousands strike
against military coup'', Washington Post, Feb. 22, 2021; Report of
the Special Rapporteur on the situation of human rights in Myanmar,
Thomas H. Andrews, U.N. Human Rights Council, Mar. 4, 2021, Feb. 22,
2021; Report of the Special Rapporteur on the situation of human
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council,
Mar. 4, 2021.
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To curb protests, on February 8, the military declared a curfew in
36 townships and major cities, dramatically expanding the ability of
security forces to arbitrarily arrest and detain individuals, search
homes, and use force against people congregating peacefully in groups
of five or more.\7\ In addition, the military has released more than
20,000 convicted prisoners in what some civil society contacts report
is an apparent attempt to intimidate peaceful protestors and create
disorder and fear, thus enabling further military crackdowns.\8\
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\7\ ``Myanmar's military stages coup d'etat: Live news'', Al-
Jazeera, Feb. 1, 2021; Report of the Special Rapporteur on the
situation of human rights in Myanmar, Thomas H. Andrews, U.N. Human
Rights Council, Mar. 4, 2021.
\8\ ``Report of the Special Rapporteur on the situation of human
rights in Myanmar'', Thomas H. Andrews, U.N. Human Rights Council,
Mar. 4, 2021.
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Criminal charges against State Counsellor Aung San Suu Kyi followed
two days after the coup. Those charges, purported to relate to
violations of import law, were ``widely seen as a pretext to keep her
detained'' \9\ and to disqualify and/or prevent her for keeping office
as an elected official. She was accused of new criminal charges on
April 12.\10\
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\9\ ``Myanmar's Coup, Explained,'' New York Times, Feb. 5, 2020.
\10\ ``Myanmar's Junta Levies New Charge Against Aung San Suu
Kyi,'' Voice of America News, April 12, 2021.
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On March 3, the United Nations Special Envoy for Burma, Christine
Schraner Burgener, warned that the situation in Burma challenges ``the
stability of the region'' and could lead to a ``real war'' and stressed
that ``every tool available was now needed to end the situation'' and
that ``the unity of the international community was essential.'' \11\
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\11\ ``Stability of the region' hangs on Myanmar, declares UN
Special Envoy,'' UN News, https://news.un.org/en/story/2021/03/1086332, UN News, March 3, 2021.
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Human Rights Abuses
Violence Committed by Police and Military Forces
Since the coup, police and military forces steadily escalated their
use of force, resulting in the injuring and killing of multiple
individuals. There are multiple credible accounts of heavily armed
police and military deploying to areas where demonstrations were taking
place, firing into crowds, and killing and injuring demonstrators. \12\
Police and military personnel have conducted nighttime raids, resulting
in arrests and killings of individuals who tried to stop individuals
from entering their communities. \13\ On March 30, Secretary of State
Antony Blinken called the military's actions in Burma ``reprehensible''
and described ``increasingly disturbing and even horrifying
violence''.\14\ On April 21, Secretary Blinken stated that the military
regime ``has intensified its violent crackdown, killing more than 650
people, including many children, and detaining more than 3,200 others
since February 1.'' \15\
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\12\ See, e.g., ``Mass protests and funeral follow deadly
shootings in Myanmar,'' NBC News/Associated Press, Feb. 21, 2021;
Report of the Special Rapporteur on the situation of human rights in
Myanmar, Thomas H. Andrews, U.N. Human Rights Council, Mar. 4, 2021.
\13\ See, e.g., ``Myanmar security forces open fire on
protesters, killing at least 18, according to U.N.,'' Washington
Post, Feb. 28, 2021; Myanmar residents on night patrol as coup
tensions deepen, Agence-France Press, Feb. 15, 2021.
\14\ ``U.S.' Blinken calls for global companies to reconsider
financial support to Myanmar's military,'' Reuters, March 30, 2021.
\15\ ``Press Statement of Antony J. Blinken, Secretary of State,
on Imposing Sanctions on Two Burmese State-Owned Enterprises''
(April 21, 2021).
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Security forces killed over 100 people on March 27 alone as the
military celebrated its annual Armed Forces Day, the single bloodiest
day since the coup.\16\ On April 9, the junta's armed forces killed
some 82 people in the city of Bago in a violent suppression of
protests.\17\ The military has also killed at least 43 children since
February 1, according to rights organization Save the Children.\18\
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\16\ ``Army Fires at funeral as Myanmar mourns day of `mass
murder,' '' Aljazeera, March 28, 2021, available at https://www.aljazeera.com/news/2021/3/28/12-defence-chiefs-condemn-myanmar-army-after-day-of-mass-murder.
\17\ ``Witnesses to Bago killings describe relentless military
onslaught against Myanmar civilian population,'' CNN, April 16,
2021, available at https://www.cnn.com/2021/04/16/asia/bago-mass-killing-myanmar-civilians-intl-hnk/index.html.
\18\ ``Myanmar coup: More than 40 children killed by military,
rights group says,'' BBC News, April 1, 2021, available at https://www.bbc.com/news/world-asia-56600292.
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Arbitrary Arrest and Detention
The U.N. Human Rights Office advised that, since the beginning of
the coup, the police and security forces have targeted an ``ever-
increasing number of opposition voices and demonstrators by arresting
political officials, activists, civil society members, journalists and
medical professionals.'' \19\
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\19\ ``UN Human Rights Office urges military to halt violence
against peaceful protestors across Myanmar,'' https://bangkok.ohchr.org/6109-2/, February 28, 2021.
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Danger to Vulnerable Groups
Human Rights Watch has expressed concern that military control of
the government will further endanger human rights for Rohingya Muslims,
who have been denied citizenship and suffered oppression for decades,
and that ``serious threats lay ahead for activists, journalists, ethnic
minorities and others who have long been targets of the military's
oppressive campaigns.'' \20\
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\20\ ``Serious Threats' Ahead: Human Rights Experts Voice
Concern for Rohingya Muslims in Myanmar Following Military Coup,''
Frontline, https://www.pbs.org/wgbh/frontline/article/human-rights-experts-concern-rohingya-muslims-myanmar-january-31-military-coup/,
February 2, 2021.
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The regime has also stepped up the violence in ethnic minority
regions. In late March, the military escalated its offensive in Karen
State, launching aerial attacks that have driven more than 200,000
residents from their homes to seek shelter in the border regions.\21\
[[Page 28135]]
The military has also intensified fighting in Kachin State, after the
Kachin Independence Organization (KIO) opposition to the coup and the
killing of protestors.\22\
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\21\ ``Myanmar military's offensive against Karen people,''
Vatican News, https://www.vaticannews.va/en/world/news/2021-04/myanmar-military-strikes-karen-people-displaced.html.
\22\ ``Myanmar Military Suffers Heavy Casualties in Attacks by
Ethnic Armed Groups in Kachin State, The Irrawaddy, https://www.irrawaddy.com/news/burma/myanmar-military-suffers-heavy-casualties-attacks-ethnic-armed-group-kachin-state.html.
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Humanitarian Crisis
The Burmese military's history of committing atrocities to maintain
and expand its control in the country have raised concerns about the
possibility of escalating violence, new displacement, and ongoing and
increased obstacles to the provision of humanitarian assistance. In
response to past movements against military rule, in 1988 and 2007, the
military committed massacres against individuals.\23\ Burma's coup on
February 1, 2021, has triggered a humanitarian crisis, including the
disruption of communications and limited access to medical care. The
impacts include, among other things, the closure of banks and
interruptions of payments and cash withdrawal systems, as well as a
reported increase in prices of basic commodities, including food,
construction materials and fuel in some areas.\24\ The U.N. Office for
the Coordination of Humanitarian Affairs (OCHA) reports the situation
has impacted the ability of partners to respond to the needs of
vulnerable communities and displaced persons in violence-affected
areas. OCHA indicated that about 945,000 people were targeted for such
assistance in 2021.\25\ Among those in need of humanitarian assistance
are over 330,000 people who remain internally displaced (IDPs) within
Burma.\26\ This includes 126,000 IDPs in camps since the 2012 violence
in Rakhine State and, in northern Shan State, around 2,300 people newly
displaced in Kyaukme, Namtu and Hsipaw townships in February due to
armed clashes between the MAF and ethnic armed organizations or between
armed organizations.\27\ OCHA reports concerns for its own staff safety
and security as well.\28\
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\23\ ``The shooting starts,'' The Economist, Mar. 6, 2021.
\24\ ``Myanmar Humanitarian Update No. 4,'' https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-4-25-february-2021, Feb. 25, 2021.
\25\ ``Relief programmes hit by ongoing crisis in Myanmar, UN
humanitarian office says,'' U.N. News, Feb. 26, 2021.
\26\ ``Myanmar: Humanitarian Update No. 4, U.N. Office for the
Coordination of Humanitarian Affairs,'' Feb. 25, 2021.
\27\ ``Myanmar Humanitarian Update No. 4,'' https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-4-25-february-2021, Feb. 25, 2021.
\28\ ``Myanmar Humanitarian Update No. 4,'' https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-4-25-february-2021, Feb. 25, 2021.
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What authority does the Secretary have to designate Burma for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary,\29\ after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist. The
decision to designate any foreign state (or part thereof) is a
discretionary decision, and there is no judicial review of any
determination with respect to the designation, or termination of or
extension of a designation. See INA section 244(b)(5)(A); 8 U.S.C.
1254a(b)(5)(A). It is then in the Secretary's discretion to grant TPS
to eligible nationals of that foreign state (or individuals having no
nationality who last habitually resided in the designated foreign
state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\29\ INA Sec. 244(b)(1) prescribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135.
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At least 60 days before the expiration of a foreign state's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in the
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 the 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)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the
Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Notice of the Designation of Burma for TPS
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, the statutory conditions
supporting Burma's designation for TPS on the basis of extraordinary
and temporary conditions are met. See INA section 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C). I estimate approximately 1,600 individuals are
eligible to apply for TPS under the designation of Burma. On the basis
of this determination, I am designating Burma for TPS for 18 months,
from May 25, 2021 through November 25, 2022. See INA section
244(b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(C), and (b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Register for TPS
To register for TPS based on the designation of Burma, you must
submit an Application for Temporary Protected Status (Form I-821) and
pay the filing fee (or submit a Request for a Fee Waiver (Form I-912)).
You may be required to pay the biometric services fee. Please see
additional information under the ``Biometric Services Fee'' section of
this Notice.
Although not required to do so, if you want to obtain an EAD valid
through November 25, 2022, you must file an Application for Employment
Authorization (Form I-765) and pay the Form I-765 fee (or submit a
Request for a Fee Waiver (Form I-912)). If you do not want to request
an EAD now, you may also 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.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at uscis.gov/tps. Fees for the Form
I-821, 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 of age and older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay the
biometric services fee, you may complete 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 uscis.gov/tps. If necessary, you
may be required to visit an Application Support Center to have your
biometrics captured. For additional information on the USCIS biometric
screening process, please see the USCIS Customer Profile
[[Page 28136]]
Management Service Privacy Impact Assessment, available at dhs.gov/privacy.
Refiling a TPS Registration Application After Receiving a Denial of a
Fee Waiver Request
You should file as soon as possible within the 180-day registration
period so USCIS can process your application and issue any EAD
promptly, if you requested one. Properly filing early will also allow
you time to refile your application before the deadline, should USCIS
deny your fee waiver request. If, however, you receive a denial of your
fee waiver request and are unable to refile by the registration
deadline, you may still refile your Form I-821 with the biometric
services fee. However, you are urged to refile within 45 days of the
date on any USCIS fee waiver denial notice. See INA section
244(c)(1)(A)(iv); 8 U.S.C. 1254a(c)(1)(A)(iv); 8 CFR 244.6(a).
Following denial of your fee waiver request, you may also refile your
Form I-765, with fee, either with your Form I-821 or at a later time,
if you choose.
Note: Although an initial applicant for TPS must pay the Form I-821
filing fee and those applicants age 14 or older must also pay the
biometric services fee, unless granted a fee waiver, you may decide to
wait to request an EAD. Therefore, you do not have to file the Form I-
765 or pay the associated Form I-765 fee (or request a fee waiver) at
the time of registration, and could wait to seek an EAD until after
USCIS has approved your TPS registration application. If you choose to
do this, to register for TPS you would only need to file the Form I-821
with the $50 filing fee and with the biometric services fee, if
applicable (or request a fee waiver).
Mailing Information
Mail your application for TPS to the proper address in Table 1.
Table 1--Mailing Addresses
Mail your completed Application for Temporary Protected Status
(Form I-821) and Application for Employment Authorization (Form I-765)
and supporting documentation 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. Citizenship and Immigration
U.S. Postal Service. Services, Attn: TPS Burma, P.O. Box
6943, Chicago, IL 60680-6943.
You are using FedEx, UPS, or U.S. Citizenship and Immigration
DHL. Services, Attn: TPS Burma (Box 6943),
131 S Dearborn St. 3rd Floor, Chicago,
IL 60603-5517.
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While Burma is designated for TPS, if you are granted TPS by an
immigration judge (IJ) or the Board of Immigration Appeals (BIA) and
you wish to request an EAD or are 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
registering and 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 help USCIS to verify your grant of TPS and
process your application.
Supporting Documents
The filing instructions on 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 website at uscis.gov/tps under
``Burma.''
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS and EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at uscis.gov, or visit the USCIS Contact Center at uscis.gov/contactcenter. If your Form I-821 or Form I-765 has been pending for
more than 90 days, and you still need assistance, you may ask a
question about your case online at egov.uscis.gov/e-request/Intro.do or
call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on the third page of
Form I-9, Employment Eligibility Verification, as well as the
Acceptable Documents web page at 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 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 provides evidence of 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 uscis.gov/I-9Central. An EAD is
an acceptable document under List A.
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new EAD,
regardless of whether you already have an EAD or work authorization
based on another immigration status. If you want to obtain a TPS-based
EAD valid through November 25, 2022, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation, such as
evidence of my status or proof of my Burmese citizenship, for Form I-9
completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from 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. Employers may
not request proof of Burmese citizenship when completing Form I-9 for
new hires or reverifying the employment authorization of current
employees. Refer to the ``Note to
[[Page 28137]]
Employees'' section of this Federal Register notice for important
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin.
Note 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 [email protected]. 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, 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
[email protected].
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 [email protected]. USCIS accepts calls in
English, Spanish and many other languages. Employees or job 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, or an acceptable List A, List B, or List C receipt under DHS
regulations, and 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 Form I-9
differs from records available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any 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
confirm 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 justice.gov/ier and the
USCIS and E-Verify websites at uscis.gov/i-9-central and e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, individuals approved for TPS may show their
Form I-797, Notice of Action, indicating approval of their Form I-821
application, or their A12 or C19 EAD to prove that they have TPS.
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 they require you 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 covered under
TPS and/or show you are authorized to work based on TPS. Examples of
such documents are:
Your new EAD with a category code of A12 or C19; or
A copy of your Form I-94, Arrival/Departure Record or Form
I-797, the notice of approval, for your Form I-821, 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 SAVE program to confirm the
current immigration status of applicants for public benefits. SAVE can
verify when an individual has TPS based on the documents above. 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 uscis.gov/save/save-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 SAVE verification case number or an immigration identifier number
that you provided to the benefit-granting agency. 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 on or will act on a SAVE verification and you do not believe the
response is correct, find detailed information on how to make
corrections or update your immigration record, make an appointment, or
submit a written request for information about correcting records on
the SAVE website at www.uscis.gov/save.
[FR Doc. 2021-11075 Filed 5-24-21; 8:45 am]
BILLING CODE 9111-97-P
