[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Notices]
[Pages 52019-52027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20709]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2541-14; DHS Docket No. USCIS-2014-0004]
RIN 1615-ZB27
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: 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 November 3, 2014 through May 2, 2016, and
redesignating South Sudan for TPS for 18 months, effective November 3,
2014 through May 2, 2016.
The extension allows currently eligible TPS beneficiaries to retain
TPS through May 2, 2016, so long as they otherwise continue to meet the
eligibility requirements for TPS. The redesignation of South Sudan
allows additional individuals who have been continuously residing in
the United States since September 2, 2014 to obtain TPS, if otherwise
eligible. The Secretary has determined that an extension of the current
designation and a redesignation of South Sudan for TPS are warranted
because of the ongoing armed conflict and other extraordinary and
temporary conditions that prompted the 2013 TPS redesignation have not
only persisted, but have deteriorated. The ongoing armed conflict in
South Sudan and other extraordinary and temporary conditions would pose
a serious threat to the personal safety of South Sudanese nationals if
they were required to return to their country.
Through this Notice, DHS also sets forth procedures necessary for
nationals of South Sudan (or aliens having no nationality who last
habitually resided in South Sudan) either to: (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 2011
original South Sudan designation or
[[Page 52020]]
under the 2013 South Sudan redesignation, the 60-day re-registration
period runs from September 2, 2014 through November 3, 2014. USCIS will
issue new EADs with a May 2, 2016 expiration date to eligible South
Sudan TPS beneficiaries who timely re-register and apply for EADs under
this extension. Given the timeframes involved with processing TPS re-
registration applications, DHS recognizes that not all re-registrants
will receive new EADs before their current EADs expire on November 2,
2014. Accordingly, through this Notice, DHS automatically extends the
validity of EADs issued under the TPS designation of South Sudan for 6
months, through May 2, 2015, and explains how TPS beneficiaries and
their employers may determine which EADs are automatically extended and
their impact on Employment Eligibility Verification (Form I-9) and E-
Verify processes.
Under the redesignation, individuals who currently do not have TPS
(or an initial TPS application pending) may submit an initial
application during the 180-day initial registration period that runs
from September 2, 2014 through March 2, 2015. In addition to
demonstrating continuous residence in the United States since September
2, 2014 and meeting other eligibility criteria, initial applicants for
TPS under this redesignation must demonstrate that they have been
continuously physically present in the United States since November 3,
2014, the effective date of this redesignation of South Sudan, before
USCIS may grant them TPS.
TPS applications that were filed during the 2013 South Sudan
redesignation that remain pending on September 2, 2014 will be treated
as initial applications under this 2014 redesignation. Therefore,
individuals who have a pending South Sudan TPS application will not
need to file a new Application for Temporary Protected Status (Form I-
821). DHS provides additional instructions in this Notice for
individuals whose TPS applications remain pending and who would like to
obtain an EAD valid through May 2, 2016.
DATES: Extension of Designation of South Sudan for TPS: The 18-month
extension of the TPS designation of South Sudan is effective November
3, 2014, and will remain in effect through May 2, 2016. The 60-day re-
registration period runs from September 2, 2014 through November 3,
2014.
Redesignation of South Sudan for TPS: The redesignation of South
Sudan for TPS is effective November 3, 2014, and will remain in effect
through May 2, 2016, a period of 18 months. The 180-day initial
registration period for new applicants under the South Sudan TPS
redesignation runs from September 2, 2014 through March 2, 2015.
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 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 inquires.
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).
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
CPA--Comprehensive Peace Agreement
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
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
RSS--Government of the Republic of South Sudan
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
SPLM-A--Sudan People's Liberation Movement/Army
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
UN--United Nations
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, may not be removed, and may
obtain work authorization, so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not result in or 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, if any (unless that status has since expired or been
terminated), or to any other lawfully obtained immigration status they
received while registered for TPS.
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
Designation of Republic of South Sudan for Temporary Protected Status,
76 FR 63629 (Oct. 13, 2011). In 2013, the Secretary both extended South
Sudan's designation and redesignated South Sudan for TPS for 18 months
through November 2, 2014. See Extension and Redesignation of South
Sudan for Temporary Protected Status, 78 FR 1866 (Jan. 9, 2013). This
announcement is the third designation of TPS for South Sudan and the
first extension since the 2013 redesignation.
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 U.S. Government
(Government) agencies, to designate a foreign state (or part thereof)
for TPS if the Secretary finds that certain country conditions
exist.\1\ The
[[Page 52021]]
Secretary may grant TPS to eligible nationals of that foreign state (or
aliens having no nationality who last habitually resided in that
state). 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 a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
a foreign state continues to meet the conditions for TPS designation,
the designation may be extended for an additional period of 6, 12 or 18
months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If the
Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation. 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 May 2, 2016?
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 and other
extraordinary and temporary conditions that prompted the October 13,
2011 designation and the January 9, 2013 redesignation continue to
exist.
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 DHS, the Attorney General, has simultaneously extended
a country's TPS designation and redesignated the country for TPS. See,
e.g., Extension and Redesignation of Syria for Temporary Protected
Status, 78 FR 36223 (June 17, 2013); Extension and Redesignation of
Sudan for Temporary Protected Status, 78 FR 1872 (Jan. 9, 2013);
Extension and Redesignation of Haiti for Temporary Protected Status, 76
FR 29000 (May 19, 2011); Extension of Designation and Redesignation of
Liberia Under Temporary Protected Status Program, 62 FR 16608 (Apr. 7,
1997) (describing legal authority for redesignation of a country for
TPS).
When the Secretary designates or redesignates a country for TPS, he
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). The Secretary has the discretionary authority to
determine the ``continuous residence'' date that he deems appropriate.
The Secretary has determined that the ``continuous residence'' date
for applicants for TPS under the redesignation of South Sudan will be
September 2, 2014. Initial applicants for TPS under this redesignation
must also show they have been ``continuously physically present'' in
the United States since November 3, 2014, 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 November 3, 2014. 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 May 2, 2016?
In November 2013, the United Nations (UN) Office of Coordination
for Humanitarian Affairs (OCHA) reported that the situation in South
Sudan remained fragile but had potential to improve. OCHA cited a
number of positive developments during 2013, including a reduction in
deaths and population displacement caused by violence, improved food
security, and a decrease in refugees. However, by mid-December 2013,
less than 1 month after OCHA released its report, political infighting
within the government of the Republic of South Sudan (RSS) had set off
a catastrophic chain of events that have plunged the country to the
brink of civil war.
South Sudan seceded from Sudan in 2011 after more than two decades
of civil war between the government in Khartoum and the Sudan People's
Liberation Movement-Army (SPLM-A), which had been fighting for southern
independence. The Comprehensive Peace Agreement (CPA), signed by both
sides in January 2005, brought an official end to the war and provided
a mechanism for peaceful separation of the two countries. However,
issues related to security arrangements along the border, sharing of
oil revenues, and the fate of the contested area of Abyei remain
unresolved and have potential to threaten stability. In early August
2013, Sudan and South Sudan exchanged gunfire along the border in
Teskuin, a border town claimed by both countries, and both countries
have accused the other of supporting rebels in their territory. As of
February 2014, several CPA issues lay unresolved. South Sudan's current
internal conflict further threatens progress.
A myriad of factors contributes to the ongoing humanitarian crisis
in South Sudan. Political and inter-communal violence caused civilian
deaths, displacement of the population, and general instability. These
events, coupled with floods, insufficient agricultural production, and
high inflation due to the loss of oil revenues, exacerbated food
insecurity in a region challenged by lack of infrastructure and poor
accessibility.
Thousands of people have been killed as a result of inter-ethnic
conflict in Jonglei in recent years. Inter-communal violence in Jonglei
state continued and was exacerbated by a government anti-insurgency
campaign against predominantly ethnic Murle rebels aligned with SPLM-A
defector David Yau Yau. Human Rights Watch indicates that in 2013
during the campaign against the rebels, the SPLM-A committed
atrocities, especially in ethnic Murle areas. Soldiers unlawfully
targeted and killed Murle civilians and caused thousands to flee their
homes out of fear of attack.
Conditions in South Sudan have become increasingly volatile and
dangerous since December 15, 2013, when long-standing political
tensions between President Salva Kiir Mayardit (an ethnic Dinka) and
former vice president, Dr. Riek Machar Teny (an ethnic Nuer) sparked an
outbreak of violence in Juba within the Presidential Guard unit. In the
days that followed, violence engulfed the capital, causing widespread
displacement of people of Nuer ethnicity from Juba. There are
[[Page 52022]]
reports of abuses and targeting of civilians, which sparked cycles of
violence among different ethnic groups, violence among armed groups
aligned with government and opposition elements, and atrocities
throughout the country. Reports indicate that RSS security forces
conducted house to house searches and arrested hundreds of civilians in
Juba and elsewhere. Witnesses claimed that some of those arrested were
summarily shot in the street, while others were hauled to overcrowded
jails. Within weeks, the violence had spread to six of the country's
ten states.
Reports indicate both sides have committed mass atrocities. The
violence has created a humanitarian disaster that, since December 2013,
has left approximately thousands dead. More than 1.3 million people
have been displaced internally and as refugees, and more than 2 million
are in immediate need of humanitarian aid. The crisis that began in
mid-December 2013 quickly pitted another amalgamation of irregular
armed forces against government forces. The BBC reports that former
Vice-President Machar presides over a loose alliance of military
defectors, ethnic militias, warlords and other forces. The RSS signed a
cessation of hostilities agreement with Machar's opposition delegation
on January 23, 2014 and a re-commitment to this agreement on May 9,
2014, but within days clashes were again reported in many parts of the
country. As of May 2014, South Sudan continued to experience sporadic
clashes between the government and anti-government opposition forces.
In a few months, South Sudan has come to the brink of civil war. After
visiting South Sudan in mid-January 2014, UN Assistant Secretary-
General for Human Rights Ivan Simonovic stated that, ``one month of
conflict has set South Sudan back a decade.''
There have been reports of mass, ethnically-targeted killings and
atrocities by both parties to the conflict, including reports of mass
killing of civilians. Insecurity due to ongoing fighting has led to
continued population displacement. While humanitarian agencies continue
to provide assistance to people displaced, the response is hampered by
a number of factors related to insecurity and lack of infrastructure in
South Sudan. As of May 2014, approximately 375,500 South Sudanese had
fled to Ethiopia, Kenya, Sudan, and Uganda since December 15, 2013.
Population displacement and factors related to food insecurity--
including drought, flooding, and rising food prices--continue to
negatively impact the ongoing humanitarian crisis that has left much of
South Sudan's population of 9.7 million in need of humanitarian
assistance. As of May 2014, reports indicate an estimated 4 to 7
million people are in need of humanitarian assistance, including
approximately 3 million people facing food shortages. Ongoing
insecurity is hampering relief agencies' ability to provide assistance.
Multiple factors reportedly impede delivery of humanitarian aid. Many
areas of South Sudan are prone to seasonal flooding, with nearly 1.5
million people living in flood-risk areas, including approximately 1
million internally displaced persons as of May 30, 2014. According to
OCHA, South Sudan's limited infrastructure, low supply of commercial
transport assets, and current insecurity caused by ongoing violence,
make South Sudan one of the most challenging and costly operating
environments in the world.
Violence has worsened since the outbreak of the domestic conflict
in December 2013. Several groups, including numerous militia groups,
Sudanese rebel groups, and ethnically-based armed groups, continue to
threaten the long-term security of the region. Violent conflict
throughout much of South Sudan has led to continued internal
displacement and refugee flow into neighboring countries. Due to the
ongoing insecurity, the UN maintains a peacekeeping mission in South
Sudan, as well as in the disputed border region of Abyei. On December
24, 2013, the UN Security Council voted to nearly double its
peacekeeping force in South Sudan due to concerns about the
deteriorating security and humanitarian crisis in the country.
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.
Violence and ensuing population displacement, along with environmental
and economic factors, have created one of the worst humanitarian crises
in the world.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the 2013 redesignation of
South Sudan 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 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 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 from
returning to South Sudan in safety. See INA section 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C).
It is not contrary to the national interest of the United
States to permit South Sudanese nationals (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 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 additional 18-month period from November 3, 2014 through May 2,
2016. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Based on current country conditions, South Sudan should be
simultaneously redesignated for TPS effective November 3, 2014 through
May 2, 2016. See INA sections 244(b)(1)(A), (b)(1)(C), and (b)(2); 8
U.S.C. 1254a(b)(1)(A), (b)(1)(C), and (b)(2).
TPS applicants must demonstrate that they have
continuously resided in the United States since September 2, 2014.
The date by which TPS applicants must demonstrate that
they have been continuously physically present in the United States is
November 3, 2014, the effective date of the redesignation of South
Sudan for TPS.
There are approximately less than 20 current South Sudan
TPS beneficiaries who are expected to apply for re-registration and may
be eligible to retain their TPS under the extension.
It is estimated that an additional 300 to 500 individuals
may be eligible for TPS under the redesignation of South Sudan.
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 INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, that the conditions that prompted the
redesignation of South Sudan for TPS in 2013 not only continue to be
met, but have significantly deteriorated. See INA section 244(b)(3)(A),
8 U.S.C. 1254a(b)(3)(A). On the basis of these determinations, I am
simultaneously extending the existing TPS designation of South Sudan
for 18 months from November 3, 2014 through May 2, 2016, and
redesignating South Sudan for TPS
[[Page 52023]]
for the same 18-month period. See INA sections 244(b)(1)(A), (b)(1)(C),
and (b)(2); 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 September 2, 2014. See
INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii).
Jeh Charles Johnson,
Secretary.
I am currently a South Sudan TPS beneficiary. What should I do?
If you filed a TPS application during the South Sudan TPS
registration period that ran from January 9, 2013 through July 8, 2013,
and that application was approved prior to September 2, 2014, then you
need to file a re-registration application under the extension if you
wish to maintain TPS benefits through May 2, 2016. You must use the
Application for Temporary Protected Status (Form I-821) to re-register
for TPS. The 60-day open re-registration period will run from September
2, 2014 through November 3, 2014.
I have a pending initial TPS application filed during the South Sudan
TPS registration period that ran from January 9, 2013 through July 8,
2013. What should I do?
If your TPS application is still pending on September 2, 2014, then
you do not need to file a new Application for Temporary Protected
Status (Form I-821). Pending TPS applications will be treated as
initial applications under this re-designation. Therefore, if your TPS
application is approved, you will be granted TPS through May 2, 2016.
If you have a pending TPS application and you wish to have an EAD valid
through May 2, 2016, please refer to Table 1 to determine whether you
should file a new Application for Employment Authorization (Form I-
765).
Table 1--Form and EAD Information for Pending TPS Applications
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If . . . And . . . Then . . .
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You requested an EAD during the You received an EAD with You must file a new Application for
previous initial registration period Category C19 or A12. Employment Authorization (Form I-765)
for South Sudan TPS. with fee (or fee waiver request) if you
wish to have a new EAD valid through
May 2, 2016.
You did not receive an EAD You do not need to file a new
with Category C19 or A12. Application for Employment
Authorization (Form I-765). If your TPS
application is approved, your Form I-
765 will be approved through May 2,
2016.
You did not request an EAD during the You wish to have an EAD valid You must file a new Application for
previous initial registration period through May 2, 2016. Employment Authorization (Form I-765)
for South Sudan TPS. with fee (or fee waiver request).
You do not wish to have an EAD You do not need to file a new
valid through May 2, 2016. Application for Employment
Authorization (Form I-765).
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I am not a TPS beneficiary, and I do not have a TPS application
pending. What are the procedures for initial registration for TPS under
the South Sudan redesignation?
If you are not a South Sudan TPS beneficiary or do not have a
pending TPS application with USCIS, you may submit your TPS application
during the 180-day initial registration period that will run from
September 2, 2014 through March 2, 2015.
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)(2) and 244.6 and information on initial filing on
the USCIS TPS Web page at http://www.uscis.gov/tps.
If you are filing an application for 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.
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 are 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 Authorization (Form I-765) only
if you want an EAD, regardless of age.
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.
You must submit both completed application forms together. If you
are unable to pay for the application and/or biometric services 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.
[[Page 52024]]
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 re-file your
application packet before the initial filing deadline of March 2, 2015.
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 re-file 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 file the Application for Temporary
Protected Status (Form I-821) with the fee and the Application for
Employment Authorization (Form I-756) without fee and without
requesting an EAD.
Re-Filing a TPS Re-Registration 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 re-file 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 re-file by the re-
registration deadline, the applicant may still re-file his or her
application. This situation will be reviewed to determine whether the
applicant has established good cause for late re-registration. However,
applicants are urged to re-file within 45 days of the date on their
USCIS fee waiver denial notice, if at all possible. See INA section
244(c)(3)(C); 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 2.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S. USCIS, Attn: TPS South Sudan,
Postal Service. P.O. Box 6943, Chicago, 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.
------------------------------------------------------------------------
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 address in
Table 1. Upon receiving a Notice of Action (Form I-797) from USCIS,
please send an email to [email protected] 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
address on the USCIS TPS Web page at http://www.uscis.gov/tps.
E-Filing
You cannot electronically file your application when re-registering
or submitting an initial registration for South Sudan TPS. Please mail
your application to the mailing address listed in Table 2.
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 or re-
registrants at local offices.
Am I eligible to receive an automatic 6-month extension of my current
EAD through May 2, 2015?
Provided that you currently have TPS under the South Sudan
designation, this Notice automatically extends your EAD by 6 months if
you:
Are a national of South Sudan (or an alien having no
nationality who last habitually resided in South Sudan);
Received an EAD under the last extension or redesignation
of TPS for South Sudan; and
Have an EAD with a marked expiration date of November 2,
2014, bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.''
Although this Notice automatically extends your EAD through May 2,
2015, you must re-register timely for TPS in accordance with the
procedures described in this Notice if you would like to maintain your
TPS.
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). You may present an
[[Page 52025]]
acceptable receipt for List A, List B, or List C documents as described
in the Form I-9 Instructions. An EAD is an acceptable document under
``List A.'' Employers may not reject a document based on a future
expiration date.
If your EAD has an expiration date of November 2, 2014, and states
``A-12'' or ``C-19'' under ``Category,'' it has been extended
automatically for 6 months by virtue of this Federal Register Notice,
and you may choose to present your EAD to your employer as proof of
identity and employment authorization for Employment Eligibility
Verification (Form I-9) through May 2, 2015 (see the subsection titled
``How do my employer and I complete the Employment Eligibility
Verification (Form I-9) using an automatically extended EAD for a new
job?'' for further information). To minimize confusion over this
extension at the time of hire, you may also show your employer a copy
of this Federal Register Notice confirming the automatic extension of
employment authorization through May 2, 2015. As an alternative to
presenting your automatically extended EAD, you may choose to present
any other acceptable document from List A, or a combination of one
selection from List B and one selection from List C.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?
Even though EADs with an expiration date of November 2, 2014, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended for 6 months by this Federal Register Notice, your employer
will need to ask you about your continued employment authorization once
November 2, 2014, is reached to meet its responsibilities for
Employment Eligibility Verification (Form I-9). However, your employer
does not need a new document to reverify your employment authorization
until May 2, 2015, the expiration date of the automatic extension.
Instead, you and your employer must make corrections to the employment
authorization expiration dates in Section 1 and Section 2 of Employment
Eligibility Verification (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 EAD has been automatically
extended?'' for further information). In addition, you may also show
this Federal Register Notice to your employer to explain what to do for
Employment Eligibility Verification (Form I-9).
By May 2, 2015, the expiration date of the automatic extension,
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 Employment Eligibility Verification (Form I-9) to reverify
employment authorization, or an acceptable List A or List C receipt
described in the Form I-9 Instructions. Your employer should complete
either Section 3 of the Employment Eligibility Verification (Form I-9)
originally completed for the employee or, if this Section has already
been completed or if the version of Employment Eligibility Verification
(Form I-9) has expired (check the date in the upper right-hand corner
of the form), complete Section 3 of a new Employment Eligibility
Verification (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, and cannot reject an acceptable receipt.
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 re-verifying employment authorization, employers must accept
any documentation that appears on the ``Lists of Acceptable Documents''
for Employment Eligibility Verification (Form I-9) that reasonably
appears to be genuine and that relates to you or an acceptable List A,
List B, or List C receipt. Employers may not request documentation that
does not appear on the ``Lists of Acceptable Documents.'' Therefore,
employers may not request proof of 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 have been automatically extended, 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. Refer to
the Note to Employees section of this Notice for important information
about your rights if your employer rejects lawful documentation,
requires additional documentation, or otherwise discriminates against
you based on your citizenship or immigration status, or your national
origin.
What happens after May 2, 2015, for purposes of employment
authorization?
After May 2, 2015, employers may no longer accept the EADs that
this Federal Register Notice automatically extended. Before that time,
however, USCIS will issue new EADs to eligible TPS re-registrants who
request them. These new EADs will have an expiration date of May 2,
2016, and can be presented to your employer for completion of
Employment Eligibility Verification (Form I-9). Alternatively, you may
choose to present any other legally acceptable document or combination
of documents listed on the Employment Eligibility Verification (Form I-
9).
How do my employer and I complete Employment Eligibility Verification
(Form I-9) using an automatically extended EAD for a new job?
When using an automatically extended EAD to complete Employment
Eligibility Verification (Form I-9) for a new job prior to May 2, 2015,
you and your employer should do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work'';
b. Write your alien number (USCIS number or A-number) in the first
space (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); and
c. Write the automatically extended EAD expiration date (May 2,
2015) in the second space.
2. For Section 2, employers should record the:
a. Document title;
b. Document number; and
c. Automatically extended EAD expiration date (May 2, 2015).
By May 2, 2015, employers must reverify the employee's employment
authorization in Section 3 of the Employment Eligibility Verification
(Form I-9).
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?
If you are an existing employee who presented a TPS-related EAD
that was valid when you first started your job, but that EAD has now
been automatically extended, you and your employer should correct your
previously completed Employment Eligibility Verification (Form I-9) as
follows:
1. For Section 1, you should:
a. Draw a line through the expiration date in the second space;
b. Write ``May 2, 2015'' above the previous date;
c. Write ``TPS Ext.'' in the margin of
[[Page 52026]]
Section 1; and
d. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Draw a line through the expiration date written in Section 2;
b. Write ``May 2, 2015'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
By May 2, 2015, when the automatic extension of EADs expires,
employers must reverify the employee's employment authorization in
Section 3.
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?
If you are an employer who participates in E-Verify and you have an
employee who is a TPS beneficiary who provide a TPS-related EAD when he
or she first started working for you, you will receive a ``Work
Authorization Documents Expiring'' case alert when this EAD is about to
expire. Usually, this message is an alert to complete Section 3 of the
Employment Eligibility Verification (Form I-9) to reverify an
employee's employment authorization. For existing employees with TPS-
related EADs that have been automatically extended, employers should
dismiss this alert by clicking the red ``X'' in the ``dismiss alert''
column and follow the instructions above explaining how to correct the
Employment Eligibility Verification (Form I-9). By May 2, 2015,
employment authorization must be reverified in Section 3. Employers
should never use E-Verify for reverification.
Note To All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those rules setting forth re-
verification requirements. For general questions about the employment
eligibility verification process, employers may call USCIS at 888-464-
4218 (TTY for the hearing impaired is at 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 (I-9 and E-
Verify), employers may also call the U.S. Department of Justice, Office
of Special Counsel for Immigration-Related Unfair Employment Practices
(OSC) Employer Hotline at 800-255-8155 (TTY 800-237-2515), which offers
language interpretation in numerous languages, or email OSC at
[email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY for the hearing
impaired is at 877-875-6028) or email at [email protected]. Calls are
accepted in English, Spanish and many other languages. Employees or
applicants may also call the OSC Worker Information Hotline at 800-255-
7688 (TTY 800-237-2515) for information regarding employment
discrimination based upon citizenship, immigration status, or national
origin related to Employment Eligibility Verification (Form I-9) and E-
Verify. The OSC Worker Information Hotline provides language
interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the List 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 described
in the Employment Eligibility Verification (Form I-9) Instructions.
Employers may not require extra or additional documentation beyond what
is required for Employment Eligibility Verification (Form I-9)
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from Employment Eligibility
Verification (Form I-9) differs from the Social Security
Administration, DHS, or DOS records. Employers may not terminate,
suspend, delay training, withhold pay, lower pay or take any adverse
action against an employee based on the employee's decision to contest
a TNC or because the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
verify an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY for
the hearing impaired is at 877-875-6028). To report an employer that
discriminates against an employee in the E-Verify process based on
citizenship or immigration status, or based on national origin, contact
OSC's Worker Information Hotline at 800-255-7688 (TTY 800-237-2515).
Additional information about proper nondiscriminatory Employment
Eligibility Verification (Form I-9) and E-Verify procedures is
available on the 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 unexpired EAD that has been automatically extended, or
your EAD that has not expired;
(2) A copy of this Federal Register Notice if your EAD is
automatically extended under this Notice;
(3) A copy of your Application for Temporary Protected Status
Notice of Action (Form I-797) for this re-registration;
(4) A copy of your past or current Application for Temporary
Protected Status Notice of Action (Form I-797), if you received one
from USCIS; and/or
(5) If there is an automatic extension of work authorization, a
copy of the fact sheet from the USCIS TPS Web site that provides
information on the automatic extension.
Check with the government agency regarding which document(s) the
agency will accept. You may also provide the agency with a copy of this
Federal Register 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
[[Page 52027]]
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. 2014-20709 Filed 8-29-14; 8:45 am]
BILLING CODE 9111-97-P