Extension of the Designation of South Sudan for Temporary Protected Status
| Published date | 05 April 2019 |
| Citation | 84 FR 13688 |
| Record Number | 2019-06746 |
| Section | Notices |
| Court | U.s. Citizenship And Immigration Services |
Federal Register, Volume 84 Issue 66 (Friday, April 5, 2019)
[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Notices]
[Pages 13688-13694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06746]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2643-19; DHS Docket No. USCIS-2014-0004]
RIN 1615-ZB79
Extension of the Designation of South Sudan for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of South Sudan for Temporary Protected Status
(TPS) for 18 months, from May 3, 2019, through November 2, 2020. The
extension allows currently eligible TPS beneficiaries to retain TPS
through November 2, 2020, so long as they otherwise continue to meet
the eligibility requirements for TPS.
This Notice also sets forth procedures necessary for nationals of
South Sudan (or aliens having no nationality who last habitually
resided in South Sudan) to re-register for TPS and to apply for
Employment Authorization Documents (EADs) with U.S. Citizenship and
Immigration Services (USCIS). USCIS will issue new EADs with a November
2, 2020 expiration date to eligible beneficiaries under South Sudan's
TPS designation who timely re-register and apply for EADs under this
extension.
DATES: Extension of Designation of South Sudan for TPS: The 18-month
extension of the TPS designation of South Sudan is effective May 3,
2019, and will remain in effect through November 2, 2020. The 60-day
re-registration period runs from April 5, 2019 through June 4, 2019.
(Note: It is important for re-registrants to timely re-register during
this 60-day period and not to wait until their EADs expire.)
FOR FURTHER INFORMATION CONTACT:
You may contact Samantha Deshommes, Branch Chief,
Regulatory Coordination Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, U.S. Department of Homeland
Security, by mail at 20 Massachusetts Avenue NW, Washington, DC 20529-
2060, or by phone at 800-375-5283.
For further information on TPS, including guidance on the
re-registration process and additional information on eligibility,
please visit the USCIS TPS web page at http://www.uscis.gov/tps. You
can find specific information about this extension of South Sudan's TPS
designation by selecting ``South Sudan'' 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.
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at http://www.uscis.gov, or call the USCIS Contact Center at
800-375-5283 (TTY 800-767-1833).
[[Page 13689]]
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
FR--Federal Register
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section
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
USC--United States Code
Through this Notice, DHS sets forth procedures necessary for
eligible nationals of South Sudan (or aliens having no nationality
who last habitually resided in South Sudan) to re-register for TPS
and to apply for renewal of their EADs with USCIS. Re-registration
is limited to persons who have previously registered for TPS under
the designation of South Sudan and whose applications have been
granted.
For individuals who have already been granted TPS under South
Sudan's designation, the 60-day re-registration period runs from
April 5, 2019 through June 4, 2019. USCIS will issue new EADs with a
November 2, 2020 expiration date to eligible South Sudanese TPS
beneficiaries who timely re-register and apply for EADs. Given the
timeframes involved with processing TPS re-registration
applications, DHS recognizes that not all re-registrants may receive
new EADs before their current EADs expire on May 2, 2019.
Accordingly, through this Federal Register notice, DHS automatically
extends the validity of EADs issued under the TPS designation of
South Sudan for 180 days, through October 29, 2019. Additionally,
individuals who have EADs with an expiration date of November 2,
2017, and who applied for a new EAD during the last re-registration
period but have not yet received their new EADs are also covered by
this automatic extension. These individuals may show their EAD
indicating a November 2, 2017, expiration date and their EAD
application receipt (Notice of Action, Form I-797C) that notes the
application was received on or after September 21, 2017, to
employers as proof of continued employment authorization through
October 29, 2019. This Notice explains how TPS beneficiaries and
their employers may determine which EADs are automatically extended
and how this affects the Form I-9, Employment Eligibility
Verification, and E-Verify processes.
Individuals who have a South Sudan TPS Form I-821 and/or Form I-
765 that was still pending as of April 5, 2019 do not need to file
either application again. If the TPS application is approved, the
individual will be granted TPS through November 2, 2020. Similarly,
if a pending TPS-related application for an EAD is approved, it will
be valid through the same date. There are approximately 84 current
beneficiaries under South Sudan's TPS designation.
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to
eligible nationals of a country designated for TPS under the 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 also apply for and be granted
travel authorization as a matter of discretion.
The granting of TPS does not result in or lead to
lawful permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When 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
beyond the date TPS terminates.
When was South Sudan designated for TPS?
South Sudan was initially designated for TPS on October 13, 2011,
on the basis of ongoing armed conflict and extraordinary and temporary
conditions in South Sudan that prevented nationals of South Sudan from
safely returning. See Designation of Republic of South Sudan for
Temporary Protected Status, 76 FR 63629 (Oct. 13, 2011). Following the
initial designation, the Secretary extended and newly designated South
Sudan for TPS in 2013, 2014, and 2016 respectively. See Extension and
Redesignation of South Sudan for Temporary Protected Status, 78 FR 1866
(Jan. 9, 2013); Extension and Redesignation of South Sudan for
Temporary Protected Status, 79 FR 52019 (Sept. 2, 2014); Extension and
Redesignation of South Sudan for Temporary Protected Status, 81 FR 4051
(Jan. 25, 2016). Most recently, in 2017, the Acting Secretary extended
South Sudan's TPS designation for 18 months, based on ongoing armed
conflict and extraordinary and temporary conditions. See Extension of
South Sudan for Temporary Protected Status, 82 FR 44205 (Sept. 21,
2017).
What authority does the Secretary have to extend the designation of
South Sudan for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government (Government), to designate a foreign state (or part thereof)
for TPS if the Secretary determines that certain country conditions
exist.\1\ The Secretary may then grant TPS to eligible nationals of
that foreign state (or eligible aliens having no nationality who last
habitually resided in the designated country). See INA section
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002, Public Law 107-296,
116 Stat. 2135, any reference to the Attorney General in a provision
of the INA describing functions transferred from the Department of
Justice to DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
Act of 2002, tit. XV, section 1517).
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At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in 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).
Why is the Secretary extending the TPS designation for South Sudan
through November 2, 2020?
DHS has reviewed conditions in South Sudan. Based on the review,
including input received from other U.S. Government agencies, the
Secretary has determined that an 18-month extension is warranted
because the ongoing armed conflict and extraordinary and temporary
conditions supporting South Sudan's TPS designation remain.
Currently, 4.2 million individuals are displaced in or outside of
South Sudan, and over 7 million of the country's 12 million people
require humanitarian
[[Page 13690]]
assistance. Numerous armed groups remain active in South Sudan. Since
the 2017 extension of TPS for South Sudan, all parties to the conflict
have continued to violate international humanitarian law and
perpetrated serious human rights abuses against civilians.
Armed conflict and lawlessness prevail in much of South Sudan,
despite the warring parties' adoption of an agreement to cease
hostilities in December 2017, followed by the signing of a new peace
agreement in September 2018. Although violence is assessed to have
declined in parts of the country where the ceasefire has taken hold,
incidents of indiscriminate violence against South Sudanese civilians,
humanitarian aid workers, and United Nations personnel persist today.
In particular, while the United Nations Mission in South Sudan (UNMISS)
reported a decline in the overall number of reported human rights
violations and abuses by the signatory parties following the ceasefire,
reported incidents of sexual violence and child soldier recruitment
increased from 2017 to 2018.
Instances of the use of sexual violence--including against women
and girls in government-controlled parts of the country and at UNMISS
protection sites--remain widespread, even after the signing of the
September 2018 peace agreement. Civilians, primarily women and girls,
have reportedly been abducted by government forces and allied militias
and raped in detention, where they were sometimes held for hours, days,
or even weeks. Since mid-2018, there have been nearly 2,300 reported
cases of gender-based violence in South Sudan, although the actual
number of incidents is believed to be much higher. This represents a 72
percent increase in reported incidents from the same period in 2017.
Children in South Sudan are routinely abducted and forced to join
fighting forces. In December 2017, the United Nations Children's Fund
(UNICEF) reported that armed groups had recruited more than 19,000
children since the civil conflict started--representing an overall
increase since 2015, when a total of 16,000 children had been recruited
and since 2016, when a total of 17,000 children had been recruited.
An upsurge in intercommunal violence in 2018, including cattle
raiding and revenge killings, in Lakes and Jonglei states increased
civilian displacement, looting, and casualties. Conflicts in these
regions also occurred because of the uneven disarmament of local
militias, and other festering intercommunal tensions. This violence had
spillover effects, including hampering the delivery of humanitarian
assistance in 2018. Three aid workers were killed in September and
October 2018 alone, bringing the total number of aid workers killed
since the outset of the conflict to at least 112.
As of January 2019, 4.2 million South Sudanese were displaced; 1.9
million South Sudanese were internally displaced; and an estimated 2.3
million were refugees in neighboring countries. UNMISS hosted nearly
200,000 civilians seeking safety in five protection sites. The figures
reflect an increase in displacement since August 2017, when 3.9 million
were displaced, of which 1.9 million were internally displaced and 2
million had fled to neighboring countries. South Sudan hosted
approximately 292,500 refugees from neighboring countries during the
same time period.
In September 2018, increases in acute malnutrition due to severe
food insecurity, widespread conflict and displacement, poor access to
services, high morbidity, extremely poor diets, and poor sanitation and
hygiene continued to characterize South Sudan's humanitarian situation.
In October 2018, the Department of State (DOS) assessed that ongoing
fighting continued to plague South Sudan and resulted in large-scale
displacement, restricted humanitarian access, and disrupted market and
agricultural activities.
Acute food insecurity has increased substantially since the
outbreak of the conflict in 2013. In February 2019, Integrated Food
Security Phase Classification (IPC) initiative data estimated that 6.17
million South Sudanese, over half of the total population, faced Crisis
(IPC Phase 3) acute food insecurity or worse in January 2019, out of
which 1.36 million people faced Emergency (IPC Phase 4) acute food
insecurity and 30,000 people faced Catastrophe (IPC Phase 5) famine-
like conditions. This is nearly four times the 1.6 million people
estimated in ``crisis'' phase or worse in August 2013.
In 2018, for the third consecutive year, South Sudan was the most
dangerous place for delivering humanitarian assistance, according to
the United Nations. Nevertheless, a decline in the number of conflict
incidents in November and early December 2018, when compared with early
2018 and the same months in 2016 and 2017, has allowed for some
increased humanitarian access.
South Sudan's economic collapse continued in 2018 according to the
World Bank. The country's real gross domestic product (GDP) contracted
about 6.9 percent in Fiscal Year (FY) 2017 and in July 2018, and was
projected to further contract by 3.5 percent in FY 2018. Average GDP
per capita dropped from $1,111 in 2014 to less than $200 in 2017. Over
80 percent of South Sudan's population lives below the poverty line.
As of December 2018, the protracted conflict and economic crisis
has left over 5.7 million people in South Sudan without sufficient
public health, water, and sanitation services and made them more
susceptible to disease and malnutrition. About 1.5 million people live
in areas facing high levels of access constraints--places where armed
hostilities, violence against aid workers and assets, and other access
impediments render humanitarian activities severely restricted, or in
some cases impossible. Based upon this review and after consultation
with appropriate Government agencies, the Secretary has determined
that:
The conditions supporting South Sudan's designation for
TPS continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
There continues to be an ongoing armed conflict in South
Sudan and, due to such conflict, requiring the return to South Sudan of
South Sudanese nationals (or aliens having no nationality who last
habitually resided in South Sudan) would pose a serious threat to their
personal safety. See INA section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
There continue to be extraordinary and temporary
conditions in South Sudan that prevent South Sudanese nationals (or
aliens having no nationality who last habitually resided in South
Sudan) from returning to South Sudan in safety, and it is not contrary
to the national interest of the United States to permit South Sudanese
TPS beneficiaries to remain in the United States temporarily. See INA
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The designation of South Sudan for TPS should be extended
for an 18-month period, from May 3, 2019 through November 2, 2020. See
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Notice of Extension of the TPS Designation of South Sudan
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, the conditions supporting South
Sudan's designation for TPS continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this
determination, I am extending the
[[Page 13691]]
existing designation of TPS for South Sudan for 18 months, from May 3,
2019, through November 2, 2020. See INA section 244(b)(1)(A),
(b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C).
Kirstjen M. Nielsen,
Secretary.
Required Application Forms and Application Fees To Re-Register for TPS
To re-register for TPS based on the designation of South Sudan, you
must submit an Application for Temporary Protected Status (Form I-821).
You do not need to pay the filing fee for the Form I-821. See 8 CFR
244.17. You may be required to pay the biometric services fee. Please
see additional information under the ``Biometric Services Fee'' section
of this Notice.
Through operation of this Federal Register notice, your existing
EAD issued under the TPS designation of South Sudan with the expiration
date of May 2, 2019, is automatically extended for 180 days, through
October 29, 2019. However, if you want to obtain a new EAD valid
through November 2, 2020, you must file an Application for Employment
Authorization (Form I-765) and pay the Form I-765 fee (or request 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 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.
Additionally, individuals who have EADs with an expiration date of
November 2, 2017, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also
covered by this automatic extension through October 29, 2019. You do
not need to apply for a new EAD in order to benefit from this 180-day
automatic extension. If you have a Form I-821 and/or Form I-765 that
was still pending as of April 5, 2019, then you do not need to file
either application again. If your pending TPS application is approved,
you will be granted TPS through November 2, 2020. Similarly, if you
have a pending TPS-related application for an EAD that is approved, it
will be valid through the same date.
You may file the application for a new EAD either prior to or after
your current EAD has expired. However, you are strongly encouraged to
file your application for a new EAD as early as possible to avoid gaps
in the validity of your employment authorization documentation and to
ensure that you receive your new EAD by October 29, 2019.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at http://www.uscis.gov/tps. Fees
for the Form I-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 for the
biometric services fee, you may complete a Form I-912 or submit a
personal letter requesting a fee waiver, with satisfactory supporting
documentation. For more information on the biometric services fee,
please visit the USCIS website at http://www.uscis.gov. If necessary,
you may be required to visit an Application Support Center to have your
biometrics captured. For additional information on the USCIS biometrics
screening process, please see the USCIS Customer Profile Management
Service Privacy Impact Assessment, available at www.dhs.gov/privacy.
Refiling a Re-Registration TPS Application After Receiving a Denial of
a Fee Waiver Request
You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any
EAD promptly. Properly filing early will also allow you to have time to
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 re-registration deadline, you
may still refile your Form I-821 with the biometrics fee. This
situation will be reviewed to determine whether you established good
cause for late TPS re-registration. However, you are urged to refile
within 45 days of the date on any USCIS fee waiver denial notice, if
possible. See INA section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR
244.17(b). For more information on good cause for late re-registration,
visit the USCIS TPS web page at http://www.uscis.gov/tps. 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 a re-registering TPS beneficiary age 14 and older
must pay the biometric services fee (but not the Form I-821 fee) when
filing a TPS re-registration application, 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 re-registration, and could wait to seek an EAD until after USCIS has
approved your TPS re-registration application. If you choose to do
this, to re-register for TPS you would only need to file the Form I-821
with the biometrics 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
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If you would like to send your Then, mail your application to:
application by:
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U.S. Postal Service.................... U.S. Citizenship and
Immigration Services, Attn:
TPS South Sudan, P.O. Box
6943, Chicago, IL 60680-6943.
A non-U.S. Postal Service courier...... U.S. Citizenship and
Immigration Services, Attn:
TPS South Sudan, 131 S
Dearborn Street--3rd Floor,
Chicago, IL 60603-5517.
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If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the
BIA, please mail your application to the appropriate mailing address in
Table 1. When re-registering and 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 us to verify your grant of
TPS and process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to
[[Page 13692]]
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 www.uscis.gov/tps under
``South Sudan.''
Employment Authorization Document (EAD)
How can I obtain information on the status of my EAD request?
To get case status information about your TPS application,
including the status of an EAD request, you can check Case Status
Online at http://www.uscis.gov, or call the USCIS National Contact
Center at 800-375-5283 (TTY 800-767-1833). If your Form I-765 has been
pending for more than 90 days, and you still need assistance, you may
request an EAD inquiry appointment with USCIS by using the InfoPass
system at https://infopass.uscis.gov. However, we strongly encourage
you first to check Case Status Online or call the USCIS National
Contact Center for assistance before making an InfoPass appointment.
Am I eligible to receive an automatic 180-day extension of my current
EAD through October 29, 2019, using this Federal Register notice?
Yes. Provided that you currently have a South Sudan TPS-based EAD,
this Federal Register notice automatically extends your EAD through
October 29, 2019, if you:
Are a national of South Sudan (or an alien having no
nationality who last habitually resided in South Sudan); and either
Have an EAD with a marked expiration date of May 2, 2019,
bearing the notation A-12 or C-19 on the face of the card under
Category, or
Have an EAD with a marked expiration date of November 2,
2017, bearing the notation A-12 or C-19 on the face of the card under
Category and you applied for a new EAD during the last re-registration
period but have not yet received a new EAD.
Although this Federal Register notice automatically extends your
EAD through October 29, 2019, you must re-register timely for TPS in
accordance with the procedures described in this Federal Register
notice if you would like to maintain your TPS.
When hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing Employment
Eligibility Verification (Form I-9)?
You can find lists of acceptable documents on the ``Acceptable
Documents'' web page for Form I-9 at https://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 document from List A (which provides evidence
of both identity and employment authorization), or one document from
List B (which provides evidence of your identity) together with one
document from List C (which is evidence of employment authorization),
or you may present an acceptable receipt for List A, List B, or List C
documents as described in the Form I-9 Instructions. 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
http://www.uscis.gov/I-9Central.
An EAD is an acceptable document under List A. If your EAD has an
expiration date of May 2, 2019, or November 2, 2017 (and you applied
for a new EAD during the last re-registration period but have not yet
received a new EAD), 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 this Notice along with your EAD to your
employer as proof of identity and employment eligibility for Form I-9
through October 29, 2019, unless your TPS has been withdrawn or your
request for TPS has been denied. If you have an EAD with a marked
expiration date of May 2, 2019, that states A-12 or C-19 under
Category, and you properly filed for a new EAD in accordance with this
Notice, you will also receive Form I-797C, Notice of Action that will
state your EAD is automatically extended for 180 days. You may choose
to present your EAD to your employer together with this Form I-797C as
a List A document that provides evidence of your identity and
employment authorization for Form I-9 through October 29, 2019, unless
your TPS has been withdrawn or your request for TPS has been denied.
See the subsection titled, ``How do my employer and I complete the
Employment Eligibility Verification (Form I-9) using an automatically
extended EAD for a new job?'' for further information.
To reduce confusion over this extension at the time of hire, you
should explain to your employer that your EAD has been automatically
extended through October 29, 2019. You may also provide your employer
with a copy of this Federal Register notice, which explains that your
EAD has been automatically extended. As an alternative to presenting
evidence of your automatically extended EAD, you may choose to present
any other acceptable document from List A, a combination of one
selection from List B and one selection from List C, or a valid
receipt.
What documentation may I present to my employer for Employment
Eligibility Verification (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 no later than before you start work on May 3, 2019. You
will need to present your employer with evidence that you are still
authorized to work. Once presented, you may correct your employment
authorization expiration date in Section 1 and your employer should
correct the EAD expiration date in Section 2 of Form I-9. See the
subsection titled, ``What corrections should my current employer and I
make to Employment Eligibility Verification (Form I-9) if my employment
authorization has been automatically extended?'' for further
information. 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 October 29, 2019. Your employer may need
to re-inspect your automatically extended EAD to check the expiration
date and Category code if your employer did not keep a copy of this EAD
when you initially presented it. In addition, if you have an EAD with a
marked expiration date of May 2, 2019 that states A-12 or C-19 under
Category, and you properly filed your Form I-765 to obtain a new EAD,
you will receive a Form I-797C, Notice of Action. Form I-797C will
state that your EAD is automatically extended for 180 days. You may
present Form I-797C to your employer along with your EAD to confirm
that the validity of your EAD has been automatically extended through
October 29, 2019, unless your TPS has been withdrawn or your request
for TPS has been denied. To reduce the possibility of gaps in your
employment authorization documentation, you should file your Form I-765
to request a new EAD as early as possible during the re-registration
period.
The last day of the automatic EAD extension is October 29, 2019.
Before
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you start work on October 30, 2019, your employer must reverify your
employment authorization. At that time, you must present any document
from List A or any document from List C on Form I-9 Lists of Acceptable
Documents, or an acceptable List A or List C receipt described in the
Form I-9 Instructions to reverify employment authorization.
By October 30, 2019, your employer must complete Section 3 of the
current version of the form, Form I-9 07/17/17 N, and attach it to the
previously completed Form I-9, if your original Form I-9 was a previous
version. Your employer can check the I-9 Central web page at http://www.uscis.gov/I-9Central for the most current version of Form I-9.
Note that your employer may not specify which List A or List C
document you must present and cannot reject an acceptable receipt.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my South Sudanese citizenship?
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. Employers may not request documentation that does not appear
on the ``Lists of Acceptable Documents.'' Therefore, employers may not
request proof of South Sudanese citizenship or proof of re-registration
for TPS when completing Form I-9 for new hires or reverifying the
employment authorization of current employees. If presented with EADs
that have been automatically extended, employers should accept such
documents 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
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin.
How do my employer and I complete Employment Eligibility Verification
(Form I-9) using my automatically extended employment authorization for
a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job before October 30, 2019, you and your employer should do the
following:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter October
29, 2019 as the ``expiration date''; and
b. Enter your Alien Number/USCIS number or A-Number where indicated
(your EAD or other document from DHS will have your USCIS number or A-
Number printed on it; the USCIS number is the same as your A-Number
without the A prefix).
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a May 2, 2019, expiration date (or
November 2, 2017 expiration date provided your employee applied for a
new EAD during the last re-registration period but has not yet received
a new EAD);
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write October 29, 2019, as the expiration date.
Before the start of work on October 30, 2019, employers must
reverify the employee's employment authorization in Section 3 of Form
I-9.
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my employment authorization has
been automatically extended?
If you 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. You may, and your employer should, correct
your previously completed Form I-9 as follows:
1. For Section 1, you may:
a. Draw a line through the expiration date in Section 1;
b. Write October 29, 2019, above the previous date; and
c. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended by ensuring:
It is in category A-12 or C-19; and
Has a marked expiration date of May 2, 2019, or November
2, 2017, provided your employee applied for a new EAD during the last
re-registration period but has not yet received a new EAD.
b. Draw a line through the expiration date written in Section 2;
c. Write October 29, 2019, above the previous date; and
d. Initial and date the correction in the Additional Information
field in Section 2.
Note: This is not considered a reverification. Employers do not
need to complete Section 3 until either the 180-day automatic extension
has ended or the employee presents a new document to show continued
employment authorization, whichever is sooner. By October 30, 2019,
when the employee's automatically extended EAD has expired, employers
must reverify the employee's employment authorization in Section 3.
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for these employees by
providing the employee's Alien Registration number, USCIS number, and
entering the receipt number as the document number on Form I-9 into the
document number field in E-Verify.
If I am an employer enrolled in E-Verify, what do I do when I
receive a ``Work Authorization Documents Expiration'' alert for an
automatically extended EAD?
E-Verify automated the verification process for 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. The alert
indicates that before this employee starts to work on October 30, 2019,
you must reverify his or her employment authorization in Section 3 of
Form I-9. Employers should not use E-Verify for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This 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
[[Page 13694]]
USCIS at 888-464-4218 (TTY 877-875-6028) or email USCIS at
[email protected]. Calls and emails are accepted in English and many
other languages. For questions about avoiding discrimination during the
employment eligibility verification process (Form I-9 and E-Verify),
employers may call the U.S. Department of Justice's Civil Rights
Division, Immigrant and Employee Rights Section (IER) (formerly the
Office of Special Counsel for Immigration-Related Unfair Employment
Practices) Employer Hotline at 800-255-8155 (TTY 800-237-2515). IER
offers language interpretation in numerous languages. Employers may
also email IER at [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]. Calls are accepted in English,
Spanish, and many other languages. Employees or applicants may also
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based upon citizenship,
immigration status, or national origin, including discrimination
related to Employment Eligibility Verification (Form I-9) and E-Verify.
The IER Worker Hotline provides language interpretation in numerous
languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Employment Eligibility Verification (Form I-9)
Instructions. Employers may not require extra or additional
documentation beyond what is required for 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 Federal or state government
records.
Employers may not terminate, suspend, delay training, withhold pay,
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
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 https://www.justice.gov/ier and on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
While Federal Government agencies must follow the guidelines laid
out by the Federal Government, state and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, state, or local government benefit, you may need to provide
the government agency with documents that show you are a TPS
beneficiary and/or show you are authorized to work based on TPS.
Examples of such documents are:
(1) Your current EAD;
(2) A copy of your Notice of Action (Form I-797C), the notice of
receipt, for your application to renew your current EAD providing an
automatic extension of your currently expired or expiring EAD;
(3) A copy of your Notice of Action (Form I-797C), the notice of
receipt, for your Application for Temporary Protected Status for this
re-registration; and
(4) A copy of your Notice of Action (Form I-797), the notice of
approval, for a past or current Application for Temporary Protected
Status, if you received one from USCIS.
Check with the government agency regarding which document(s) the
agency will accept.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements (SAVE) program to confirm the current
immigration status of applicants for public benefits. While SAVE can
verify when an individual has TPS, each agency's procedures govern
whether they will accept an auto-extended TPS-related document. You
should present the agency with a copy of the relevant Federal Register
Notice showing the extension of TPS-related documentation in addition
to your recent TPS-related document with your alien or I-94 number. You
should explain that SAVE will be able to verify the continuation of
your TPS. You should ask the agency to initiate a SAVE query with your
information and follow through with additional verification steps, if
necessary, to get a final SAVE response showing the TPS. You can also
ask the agency to look for SAVE notices or contact SAVE if they have
any questions about your immigration status or auto-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 the following link:
https://save.uscis.gov/casecheck/, then by clicking the ``Check Your
Case'' button. CaseCheck is a free service that lets you follow the
progress of your SAVE verification using your date of birth and one
immigration identifier number. If an agency has denied your application
based solely or in part on a SAVE response, the agency must offer you
the opportunity to appeal the decision in accordance with the agency's
procedures. If the agency has received and acted upon or will act upon
a SAVE verification and you do not believe the response is correct, you
may make an InfoPass appointment for an in-person interview at a local
USCIS office. Detailed information on how to make corrections, make an
appointment, or submit a written request to correct records under the
Freedom of Information Act can be found on the SAVE website at http://www.uscis.gov/save.
[FR Doc. 2019-06746 Filed 4-4-19; 8:45 am]
BILLING CODE 9111-97-P
