[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1866-1872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00051]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2527-12; DHS Docket No. USCIS-2012-0014]
RIN 1615-ZB17
Extension and Redesignation 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: This Notice announces that the Secretary of Homeland Security
(Secretary) is both extending the existing designation of South Sudan
for Temporary Protected Status (TPS) for 18 months from May 3, 2013
through November 2, 2014, and redesignating South Sudan for TPS for 18
months, effective May 3, 2013 through November 2, 2014.
The extension allows currently eligible TPS beneficiaries to retain
TPS through November 2, 2014. The redesignation of South Sudan allows
additional individuals who have been continuously residing in the
United States since January 9, 2013, to obtain TPS, if eligible. The
Secretary has determined that an extension and redesignation are
warranted because the conditions in South Sudan that prompted the TPS
designation not only continue to be met but have deteriorated. There
continues to be a substantial, but temporary, disruption of living
conditions in South Sudan based upon ongoing armed conflict and
extraordinary and temporary conditions in that country that prevent
South Sudanese who now have TPS from returning in safety.
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 either: (1) Re-register under the extension
if they already have TPS and to apply for renewal of their Employment
Authorization Documents (EADs) with U.S. Citizenship and Immigration
Services (USCIS) or (2) submit an initial registration application
under the redesignation and apply for an EAD.
For individuals who have already been granted TPS under the South
Sudan designation, the 60-day re-registration period runs from January
9, 2013 through March 11, 2013. USCIS will issue new EADs with a
November 2, 2014 expiration date to eligible South Sudanese TPS
beneficiaries who timely re-register and apply for EADs under this
extension. Under the redesignation, individuals who currently do not
have TPS (or an initial TPS application pending) may submit an initial
TPS application during the 180-day initial registration period that
runs from January 9, 2013 through July 8, 2013. In addition to
demonstrating continuous residence in the United States since January
9, 2013, initial applicants for TPS under this redesignation must
demonstrate that they have been continuously physically present in the
United States since May 3, 2013, the effective date of the
redesignation of South Sudan, before USCIS will be able to grant them
TPS.
Some individuals who are TPS beneficiaries under the current
designation of Sudan may now be nationals of South Sudan, and may now
qualify for TPS under South Sudan. In addition to regular procedures,
this
[[Page 1867]]
notice sets forth special procedures for such individuals to register
and apply for TPS under the South Sudan redesignation.
DATES: Extension of TPS: The 18-month extension of the TPS designation
of South Sudan is effective May 3, 2013, and will remain in effect
through November 2, 2014. The 60-day re-registration period runs from
January 9, 2013 through March 11, 2013.
Redesignation of South Sudan for TPS: The redesignation of South
Sudan for TPS is effective May 3, 2013, and will remain in effect
through November 2, 2014, a period of 18 months. The 180-day initial
registration period for new applicants under the South Sudan TPS
redesignation runs from January 9, 2013 through July 8, 2013.
Further Information
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find
specific information about this extension and redesignation of South
Sudan for TPS by selecting ``TPS Designated Country: South Sudan'' from
the menu on the left of the TPS Web page.
You can also contact the TPS Operations Program Manager at
the Family and Status Branch, Service Center Operations Directorate,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by
phone at (202) 272-1533 (this is not a toll-free number). Note: The
phone number provided here is solely for questions regarding this TPS
notice. It is not for individual case status inquiries.
Applicants seeking information about the status of their
individual cases can check Case Status Online, available at the USCIS
Web site at http://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available
in English and Spanish only.
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
CPA--Comprehensive Peace Agreement
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
Government--U.S. Government
HRW--Human Rights Watch
INA--Immigration and Nationality Act
OCHA--UN Office for the Coordination of Humanitarian Affairs
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices
SAF--Sudan Armed Forces
Secretary--Secretary of Homeland Security
South Sudan--Republic of South Sudan
SPLA--Sudan People's Liberation Army (South Sudan's military)
TPS--Temporary Protected Status
UN--United Nations
UNHCR--UN High Commissioner for Refugees
USAID--U.S. Agency for International Development
USCIS--U.S. Citizenship and Immigration Services
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA), or to 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 and may obtain work
authorization, so long as they continue to meet the requirements of TPS
status.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not lead to permanent resident
status.
When the Secretary terminates a country's TPS designation,
beneficiaries return to the same immigration status they maintained
before TPS (unless that status has since expired or been terminated) or
to any other lawfully obtained immigration status they received while
registered for TPS.
When was South Sudan designated for TPS?
On October 13, 2011, the Secretary designated South Sudan for TPS,
effective November 3, 2011, based on an ongoing armed conflict and
extraordinary and temporary conditions within that country. See 76 FR
63629; sections 244(b)(1)(A) and (C) of the INA, 8 U.S.C.
1254a(b)(1)(A) and (C). This announcement is the first extension and
first redesignation of TPS for South Sudan since the designation in
2011.
What authority does the Secretary of Homeland Security 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 Government agencies, to
designate a foreign state (or part thereof) for TPS.\1\ The Secretary
may then grant TPS to eligible nationals of that foreign state (or
aliens having no nationality who last habitually resided in that
state). See section 244(a)(1)(A) of the INA, 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 (HSA), Public Law 107-
296, 116 Stat. 2135, any reference to the Attorney General in a
provision of the INA describing functions transferred from the
Department of Justice to the Department of Homeland Security ``shall
be deemed to refer to the Secretary'' of Homeland Security. See 6
U.S.C. 557 (codifying HSA, tit. XV, sec. 1517).
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At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See section 244(b)(3)(A) of
the INA, 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that a
foreign state continues to meet the conditions for TPS designation, the
designation is extended for an additional 6 months (or in the
Secretary's discretion for 12 or 18 months). See section 244(b)(3)(C)
of the INA, 8 U.S.C. 1254a(b)(3)(C). If the Secretary determines that
the foreign state no longer meets the conditions for TPS designation,
the Secretary must terminate the designation. See section 244(b)(3)(B)
of the INA, 8 U.S.C. 1254a(b)(3)(B).
What is the Secretary's authority to redesignate South Sudan for TPS?
In addition to extending an existing TPS designation, the
Secretary, after consultation with appropriate Government agencies, may
redesignate a country (or part thereof) for TPS. See section 244(b)(1)
of the INA, 8 U.S.C. 1254a(b)(1); see also section 244(c)(1)(A)(i) of
the INA, 8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has
been continuously physically present since the effective date of the
most recent designation of the state.'' (emphasis added)). This is one
of several instances in which the Secretary, and prior to the
establishment of the Department of Homeland Security (DHS) the Attorney
General, have simultaneously extended a country's TPS designation and
redesignated the country for TPS. See, e.g., 77 FR 25723 (May 1, 2012)
(extension and redesignation for Somalia); 76 FR 29000 (May 19, 2011)
(extension and redesignation for Haiti); 62 FR 16608 (Apr. 7, 1997)
(extension and redesignation for Liberia).
[[Page 1868]]
When the Secretary designates or redesignates a country for TPS,
she also has the discretion to establish the date from which TPS
applicants must demonstrate that they have been ``continuously
resid[ing]'' in the United States. See section 244(c)(1)(A)(ii) of the
INA, 8 U.S.C.S 1254a(c)(1)(A)(ii). This discretion permits the
Secretary to tailor the ``continuous residence'' date to offer TPS to
the group of eligible individuals that the Secretary deems appropriate.
The Secretary has determined that the ``continuous residence'' date
for applicants for TPS under the redesignation of South Sudan shall be
January 9, 2013. Initial applicants for TPS under this redesignation
must also show they have been ``continuously physically present'' in
the United States since May 3, 2013, which is the effective date of the
Secretary's redesignation of South Sudan. See section 244(c)(1)(A)(i)
of the INA, 8 U.S.C. 1254a(c)(1)(A)(i). For each initial TPS
application filed under the redesignation, the final determination
whether the applicant has met the ``continuous physical presence''
requirement cannot be made until May 3, 2013. USCIS, however, will
issue EADs, as appropriate, during the registration period in
accordance with 8 CFR 244.5(b).
Why is the Secretary extending the TPS designation for South Sudan and
simultaneously redesignating South Sudan for TPS through November 2,
2014?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in South Sudan. Based on this review and
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the armed conflict is ongoing and
the extraordinary and temporary conditions that prompted the November
3, 2011 designation persist. The Secretary has further determined that
the conditions in South Sudan, which have deteriorated, support
redesignating South Sudan for TPS and changing the ``continuous
residence'' and ``continuous physical presence'' dates so as to
continue affording TPS protection to the fewer than 10 South Sudanese
nationals who arrived in the United States before October 7, 2004 and
registered under the initial designation and to extend TPS protection
to eligible South Sudanese nationals who arrived between October 7,
2004 and January 9, 2013.
Ongoing armed conflict throughout much of South Sudan caused
continued insecurity and led to continued internal displacement and
refugee flight into neighboring countries, even as South Sudanese
return to South Sudan en masse. Violence and ensuing population
displacement, along with environmental and economic factors, have
created one of the worst humanitarian crises in the world. Efforts by
the international community to get aid to the civilian population
continue to be severely compromised by weather-related factors, poor
infrastructure, and threats to the safety of aid workers.
The signing of the Comprehensive Peace Agreement (CPA) in January
2005 put an end to more than two decades of civil war in Sudan. There
was significant progress towards fulfilling the mandates of the CPA,
such as the creation of South Sudan on July 9, 2011. However,
unresolved CPA issues created political tensions that led to military
confrontations along the Sudan-South Sudan border (specifically the
transitional areas of Abyei, Blue Nile State, and Southern Kordofan).
Since May 2011 and continuing in 2012, sporadic violent conflicts
involving the Sudan Armed Forces (SAF) and South Sudan's military--
Sudan People's Liberation Army (SPLA)--have led to loss of civilian
life and mass displacement.
As part of the CPA, the contested territory of Abyei was to be
jointly administered until local residents determined whether they
would join Sudan or the South Sudan, but the referendum has yet to be
held. In the months leading up to South Sudan's independence, both the
Sudanese and the South Sudanese armies reinforced their positions near
Abyei. On May 19, 2011, in a move condemned by the United Nations (UN)
as a breach of the 2005 CPA, SAF and Sudanese police attacked and took
control of Abyei. The UN News Service reported that as a result of the
conflict, more than 110,000 people were displaced into Agok and South
Sudan. On June 20, 2011, Sudan and South Sudan reached an agreement on
temporary administration measures and demilitarization of the area.
Although the SAF and the majority of the Sudanese Police had withdrawn
from the area by June 2012, the UN reported that as of July 2012, the
majority of those who fled the fighting in 2011 remained displaced in
and outside the Abyei area because of the lack of a civilian Abyei
administration, the continued presence of armed forces, and the
presence of landmines.
In June 2011, fighting between the SAF and the SPLA erupted in
Kadugli, the capital of Southern Kordofan. On June 25, 2011, the UN
Office for the Coordination of Humanitarian Affairs (OCHA) reported
that Sudanese government forces conducted airstrikes and artillery
shelling in the eastern and southern parts of the Nuba Mountains in
Southern Kordofan. Hostilities increased in April 2012, when South
Sudanese forces captured the disputed oilfield of Heglig.
In September 2011, a new battle zone erupted in Blue Nile State.
Human Rights Watch (HRW) interviewed witnesses who ``described
indiscriminate bombings in civilian areas, killings, and other serious
abuses by Sudanese armed forces since armed conflict broke out there.''
Ground fighting and aerial bombing of Sudan's Southern Kordofan and
Blue Nile states by the SAF have killed hundreds of civilians and
forced thousands to flee across the international border into crowded
refugee camps in Unity and Upper Nile states in South Sudan.
South Sudan's human rights record is poor and includes instances of
extrajudicial killings, disappearances, arbitrary arrest and detention,
forced population movements, rape, and forced conscription of children.
Rebel groups are also responsible for serious abuses. Violence related
to inter-tribal clashes and sporadic conflict related to irregular
armed groups within South Sudan continued to threaten stability and
negatively impact the civilian population. HRW noted that ``both the
government and the UN peacekeepers have been unable to protect
civilians and prevent these often predictable outbreaks of violence.''
DOS reported that since the beginning of 2012, over 12,000 South
Sudanese refugees fled to neighboring countries. Inter-communal
violence remains a serious problem, involving large-scale and armed
violent attacks among neighboring communities and groups. The South
Sudanese Government does not have the capability to secure much of its
own territory, and relies on the UN Mission in South Sudan to provide
protection of civilians in critical situations.
South Sudan is already considered one of the poorest, least-
developed places in the world, and the ongoing humanitarian crisis has
left much of South Sudan's population of 8 million in need of
humanitarian assistance. The more than 620,000 South Sudanese returning
from Sudan since October 2010 continue to strain limited resources, and
high levels of humanitarian needs are reported in areas that have a
high concentration of returnees. In January 2012, the Office of the UN
High Commissioner for Refugees (UNHCR) reported that over 550,000
people had been internally displaced in South Sudan. OCHA further
reported that there were over 160,000 new internally displaced people
between
[[Page 1869]]
January and mid-July 2012. Furthermore, the UNHCR reported that as of
July 2012, there were over 200,000 refugees living in South Sudan
(around 170,000 were from Sudan), stretching existing humanitarian
capabilities. The Government of South Sudan lacks the capacity and
resources to meet the basic needs of the majority of its own citizens
and refugees from neighboring countries.
OCHA estimated in July 2012 that more than half of South Sudan's 8
million population is at risk of food insecurity. DOS reported that an
estimated 2.9 million people currently require food assistance.
Significant areas of South Sudan are experiencing drought conditions,
which is exacerbating the situation, pushing food deficits higher. The
food shortages, the arrival of returnees and refugees, insecurity, and
ongoing conflict have impaired the delivery of basic health services to
large portions of the South Sudanese population.
There are multiple factors impeding delivery of humanitarian aid.
Although the Government of South Sudan made some positive efforts to
reduce interference in humanitarian operations, USAID reported that
``[i]nsecurity, landmines, and transportation and communication
challenges due to limited infrastructure restrict humanitarian
activities across South Sudan.'' It is estimated that there are fewer
than 100 km of paved roads in South Sudan and the accessibility of
those roads is compromised during the rainy season.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the November 3, 2011
designation of South Sudan for TPS continue to be met. See sections
244(b)(3)(A) and (C) of the INA, 8 U.S.C. 1254a(b)(3)(A) and (C).
There continues to be an armed conflict in South Sudan
and, due to such conflict, requiring the return of South Sudanese
nationals to South Sudan would pose a serious threat to their personal
safety. See section 244(b)(1)(A) of the INA, 8 U.S.C. 1254a(b)(1)(A).
There continue to be extraordinary and temporary
conditions in South Sudan that prevent South Sudanese nationals from
returning to South Sudan in safety. See section 244(b)(1)(C) of the
INA, 8 U.S.C. 1254a(b)(1)(C).
It is not contrary to the national interest of the United
States to permit South Sudanese (and persons who have no nationality
who last habitually resided in South Sudan) who meet the eligibility
requirements of TPS to remain in the United States temporarily. See
section 244(b)(1)(C) of the INA, 8 U.S.C. 1254a(b)(1)(C).
The designation of South Sudan for TPS should be extended
for an additional 18-month period from May 3, 2013 through November 2,
2014. See section 244(b)(3)(C) of the INA, 8 U.S.C. 1254a(b)(3)(C).
Based on current country conditions, South Sudan should be
simultaneously redesignated for TPS effective May 3, 2013 through
November 2, 2014. See sections 244(b)(1)(A), (b)(1)(C) and (b)(2) of
the INA; 8 U.S.C.S 1254a(b)(1)(A), (b)(1)(C) and (b)(2).
TPS applicants must demonstrate that they have
continuously resided in the United States since January 9, 2013.
The date by which TPS applicants must demonstrate that
they have been continuously physically present in the United States is
May 3, 2013, the effective date of the redesignation of South Sudan for
TPS.
There are fewer than 10 current South Sudanese TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension. DHS recognizes that some individuals who
registered under the designation of Sudan may be eligible for TPS under
the redesignation of South Sudan and may choose to apply as such. They
will be granted TPS under the South Sudan redesignation if they present
satisfactory evidence of South Sudanese nationality and are otherwise
eligible.
It is estimated that fewer than 4,000 additional
individuals may be eligible for TPS under the combined redesignations
of South Sudan and Sudan. With the creation of South Sudan having just
occurred July 9, 2011, it is difficult to breakdown this estimate
between the two countries. This population includes potentially
eligible South Sudanese and Sudanese who are in a lawful nonimmigrant
status or who have no other status.
Notice of Extension of the TPS Designation of South Sudan and
Redesignation of South Sudan for TPS
By the authority vested in me as Secretary under section 244 of the
INA, 8 U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, that the conditions that prompted the
2011 designation of South Sudan for TPS not only continue to be met but
have deteriorated. See section 244(b)(3)(A) of the INA, 8 U.S.C.
1254a(b)(3)(A). On the basis of this determination, I am simultaneously
extending the existing TPS designation of South Sudan for 18 months
from May 3, 2013 through November 2, 2014, and redesignating South
Sudan for TPS for 18 months from May 3, 2013 through November 2, 2014.
See sections 244(b)(1)(A), (b)(1)(C) and (b)(2) of the INA; 8 U.S.C.
1254a(b)(1)(A), (b)(1)(C) and (b)(2). I have also determined that
eligible individuals must demonstrate that they have continuously
resided in the United States since January 9, 2013. See section
244(c)(1)(A)(ii) of the INA, 8 U.S.C. 1254a(c)(1)(A)(ii).
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees To Register or Re-
register for TPS
To register or re-register for TPS for South Sudan, an applicant
must submit each of the following two applications:
1. Application for Temporary Protected Status (Form I-821).
If you are filing an initial application, you must pay the
fee for the Application for Temporary Protected Status (Form I-821).
See 8 CFR 244.2(f)(1) and 244.6 and information on initial filing on
the USCIS TPS Web page at http://www.uscis.gov/tps.
If you are filing a re-registration, you do not need to
pay the fee for the Application for Temporary Protected Status (Form I-
821). See 8 CFR 244.17;
If you are currently a TPS beneficiary under the Sudan TPS
designation (or you have a pending TPS Sudan initial application) and
are now filing an initial application for the South Sudan designation,
you do not need to pay the fee for the Application for Temporary
Protected Status (Form I-821). But you do need to provide either a copy
of (1) A Sudan TPS Approval Notice (Form I-797) showing you are
currently a Sudan TPS beneficiary, (2) an EAD showing that you are
currently a Sudan TPS beneficiary, or (3) a receipt notice for an
Application for Temporary Protected Status (Form I-821) if you have a
pending TPS Sudan initial application; and
2. Application for Employment Authorization (Form I-765).
If you are applying for initial registration and want an
EAD, you must pay the fee for the Application for Employment
Authorization (Form I-765) only if you are age 14 through 65. No fee
for the Application for Employment Authorization (Form I-765) is
required if you are under the age of 14 or 66 and older and applying
for initial registration.
If you are applying for re-registration, you must pay the
fee for the Application for Employment
[[Page 1870]]
Authorization (Form I-765) only if you want an EAD.
You do not pay the fee for the Application for Employment
Authorization (Form I-765) if you are not requesting an EAD, regardless
of whether you are applying for initial registration or re-
registration.
If you have a pending Application for Employment
Authorization (Form I-765) that you previously submitted with your
request for Sudan TPS and you have not yet received your EAD under
Sudan TPS, then you do not need to repay the Application for Employment
Authorization (Form I-765) fee. But you must submit a copy of your
receipt notice for the Application for Employment Authorization (Form
I-765) related to Sudan TPS (or your fee waiver grant notice) with your
new application. Your fee (or fee waiver grant) will be applied to your
application for an EAD under the South Sudan TPS designation, if your
Sudan TPS EAD has not been mailed to you yet.
You must submit both completed application forms together. If you
are unable to pay for the application and/or biometrics fee, you may
apply for a fee waiver by completing a Request for Fee Waiver (Form I-
912) or submitting a personal letter requesting a fee waiver, and by
providing satisfactory supporting documentation. For more information
on the application forms and fees for TPS, please visit the USCIS TPS
Web page at http://www.uscis.gov/tps. Fees for the Application for
Temporary Protected Status (Form I-821), the Application for Employment
Authorization (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 or 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 apply for a fee waiver by completing a
Request for Fee Waiver (Form I-912) or by submitting a personal letter
requesting a fee waiver, and providing satisfactory supporting
documentation. For more information on the biometric services fee,
please visit the USCIS Web site at http://www.uscis.gov. If necessary,
you may be required to visit an Application Support Center to have your
biometrics captured.
Refiling an Initial TPS Application After Receiving a Denial of a Fee
Waiver Request
If you request a fee waiver when filing your initial TPS
application package and your request is denied, you may refile your
application packet before the initial filing deadline of July 8, 2013.
If you submit your application with a fee waiver request before that
deadline, but you receive a fee waiver denial and there are fewer than
45 days before the filing deadline (or the deadline has passed), you
may still refile your application within the 45-day period after the
date on the USCIS fee waiver denial notice. Your application will not
be rejected even if the filing deadline has passed, provided it is
mailed within those 45 days and all other required information for the
application is included. Note: If you wish, you may also wait to
request an EAD and pay the Application for Employment Authorization
(Form I-765) fee after USCIS grants you TPS, if you are found eligible.
If you choose to do this, you would still need to file the Application
for Employment Authorization (Form I-765) without fee and without
requesting an EAD with the Application for Temporary Protected Status
(Form I-821).
Refiling a Re-Registration TPS Application After Receiving a Denial of
a Fee Waiver Request
USCIS urges all re-registering applicants to file as soon as
possible within the 60-day re-registration period so that USCIS can
process the applications and issue EADs promptly. Filing early will
also allow those applicants who may receive denials of their fee waiver
requests to have time to refile their applications before the re-
registration deadline. If, however, an applicant receives a denial of
his or her fee waiver request and is unable to refile by the re-
registration deadline, the applicant may still refile his or her
application. This situation will be reviewed under good cause for late
re-registration. However, applicants are urged to refile within 45 days
of the date on their USCIS fee waiver denial notice, if at all
possible. See section 244(c)(3)(C) of the INA; 8 U.S.C. 1254a(c)(3)(C);
8 CFR 244.17(c). For more information on good cause for late re-
registration, visit the USCIS TPS Web page at http://www.uscis.gov/tps.
Note: As previously stated, although a re-registering TPS beneficiary
age 14 and older must pay the biometric services fee (but not the
initial TPS application fee) when filing a TPS re-registration
application, the applicant may decide to wait to request an EAD, and
therefore not pay the Application for Employment Authorization (Form I-
765) fee until after USCIS has approved the individual's TPS re-
registration, if he or she is eligible.
Mailing Information
Mail your application for TPS to the proper address in Table 1.
Table 1--Mailing Addresses
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If . . . Mail to . . .
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You are applying through the U.S. USCIS, P.O. Box 6943, Chicago,
Postal Service. IL 60680-6943.
You are using a non-U.S. Postal Service USCIS, Attn: TPS South Sudan,
delivery service. 131 S. Dearborn 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 the IJ or
BIA, please mail your application to the appropriate address in Table 1
above. Upon receiving a Receipt Notice from USCIS, please send an email
to TPSijgrant.vsc@uscis.dhs.gov with the receipt number and state that
you submitted a re-registration and/or request for an EAD based on an
IJ/BIA grant of TPS. You can find detailed information on what further
information you need to email and the email addresses on the USCIS TPS
Web page at http://www.uscis.gov/tps.
E-Filing
You cannot electronically file your application when re-registering
or applying for initial registration for South Sudan TPS. Please mail
your application to the mailing address listed in Table 1 above.
[[Page 1871]]
Employment Authorization Document (EAD)
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.
Will my current EAD, which is set to expire on May 2, 2013, be
automatically extended for 6 months?
No. This notice does not automatically extend previously issued
EADs. DHS has announced the extension of the TPS designation of South
Sudan and established the re-registration period at an early date to
allow sufficient time for USCIS to process EAD requests prior to the
May 2, 2013 expiration date. You must apply during the 60-day re-
registration period. Failure to apply for TPS during the re-
registration period without good cause may result in gaps in work
authorization. DHS strongly encourages you to apply as early as
possible within the re-registration period.
When hired, what documentation may I show to my employer as proof of
employment authorization and identity when completing Employment
Eligibility Verification (Form I-9)?
You can find a list of acceptable document choices on the ``Lists
of Acceptable Documents'' for Employment Eligibility Verification (Form
I-9). You can find additional detailed information on the USCIS I-9
Central Web page at http://www.uscis.gov/I-9Central. Employers are
required to verify the identity and employment authorization of all new
employees by using Employment Eligibility Verification (Form I-9).
Within 3 days of hire, an employee must present proof of identity and
employment authorization to his or her employer.
You may present any document from List A (reflecting both your
identity and employment authorization), or one document from List B
(reflecting identity) together with one document from List C
(reflecting employment authorization). An EAD is an acceptable document
under ``List A.'' Employers may not reject a document based upon a
future expiration date.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?
You must present any document from List A or any document from List
C on Employment Eligibility Verification (Form I-9) to reverify
employment authorization. Your employer is required to reverify on
Employment Eligibility Verification (Form I-9) the employment
authorization of current employees upon the expiration of a TPS-related
EAD. Your employer should use either Section 3 of the Form I-9
originally completed for the employee or, if this section has already
been completed or if the version of Form I-9 is no longer valid, in
Section 3 of a new Form I-9 using the most current version. Note that
your employer may not specify which List A or List C document employees
must present.
USCIS anticipates that it will be able to process and issue new
EADs for existing TPS South Sudan beneficiaries before their current
EADs expire on May 2, 2013. However, re-registering beneficiaries are
encouraged to file as early as possible within the 60-day re-
registration period to help ensure that they receive their EADs
promptly.
Can my employer require that I produce any other documentation to prove
my status, such as proof of my South Sudanese citizenship?
No. When completing Employment Eligibility Verification (Form I-9),
including reverifying employment authorization, employers must accept
any documentation that appears on the ``Lists of Acceptable Documents''
for Employment Eligibility Verification (Form I-9) and that reasonably
appears to be genuine and that relates to you. 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 when completing Employment Eligibility
Verification (Form I-9) for new hires or reverifying the employment
authorization of current employees. If presented with EADs that are
unexpired on their face, employers should accept such EADs as valid
List A documents so long as the EADs reasonably appear to be genuine
and to relate to the employee. See below 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 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 the USCIS Form I-9 Customer
Support at 888-464-4218 (TDD for the hearing impaired is at 877-875-
6028). For questions about avoiding discrimination during the
employment eligibility verification process, employers may also call
the Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Employer Hotline at 800-255-
8155 (TDD for the hearing impaired is at 800-237-2515), which offers
language interpretation in numerous languages.
Note to Employees
For general questions about the employment eligibility verification
process, employees may call the USCIS National Customer Service Center
at 800-375-5283 (TDD for the hearing impaired is at 800-767-1833);
calls are accepted in English and Spanish. Employees or applicants may
also call the OSC Worker Information Hotline at 800-255-7688 (TDD for
the hearing impaired is at 1-800-237-2515) for information regarding
employment discrimination based upon citizenship, immigration status,
or national origin, or for information regarding discrimination related
to Employment Eligibility Verification (Form I-9) and E-Verify. The OSC
Worker Information Hotline provides language interpretation in numerous
languages. In order to comply with the law, employers must accept any
document or combination of documents acceptable for Employment
Eligibility Verification (Form I-9) completion if the documentation
reasonably appears to be genuine and to relate to the employee.
Employers may not require extra or additional documentation beyond what
is required for Employment Eligibility Verification (Form I-9)
completion. Further, employers participating in E-verify who receive an
E-verify initial mismatch (``tentative nonconfirmation'' or ``TNC'') on
employees must inform employees of the mismatch and give such employees
an opportunity to challenge the mismatch. Employers are prohibited from
taking adverse action against such employees based on the initial
mismatch unless and until E-Verify returns a final nonconfirmation. For
example, employers must allow employees challenging their mismatches to
continue to work without any delay in start date or training and
without any change in hours or pay, while the final E-Verify
determination remains
[[Page 1872]]
pending. Additional information is available on the OSC Web site at
http://www.justice.gov/crt/about/osc and the USCIS Web site at http://www.dhs.gov/E-verify.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
While Federal government agencies must follow the guidelines laid
out by the Federal government, state and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, state, or local government benefit, you may need to provide
the government agency with documents that show you are a TPS
beneficiary and/or show you are authorized to work based on TPS.
Examples are:
(1) Your EAD that has a valid expiration date;
(2) A copy of your Application for Temporary Protected Status
Receipt Notice (Form I-797) for this re-registration; and/or
(3) A copy of your past or current Application for Temporary
Protected Status Approval Notice (Form I-797), if you receive one from
USCIS.
Check with the government agency regarding which document(s) the
agency will accept. You may also provide the agency with a copy of this
notice.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (SAVE) to verify the current
immigration status of applicants for public benefits. If such 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 can be found at the SAVE Web site at http://www.uscis.gov/save,
then by choosing ``How to Correct Your Records'' from the menu on the
right.
[FR Doc. 2013-00051 Filed 1-8-13; 8:45 am]
BILLING CODE 9111-97-P