Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 25723 

have 30 days to comment on any 

revisions to the Form I–212. 

Written comments and/or suggestions 

regarding the item(s) contained in this 

notice, especially regarding the 

estimated public burden and associated 

response time, should be directed to the 

Department of Homeland Security 

(DHS), USCIS, Chief, Regulatory 

Coordination Division, Office of Policy 

and Strategy, Clearance Office, 20 

Massachusetts Avenue NW., 

Washington, DC 20529. Comments may 

also be submitted to DHS via facsimile 

to 202–272–0997 or via email at 

uscisfrcomment@dhs.gov. When 

submitting comments by email, please 

make sure to add OMB Control No. 

1615–0018 in the subject box. 

Note: The address listed in this notice 

should only be used to submit comments 

concerning this information collection. 

Please do not submit requests for individual 

case status inquiries to this address. If you 

are seeking information about the status of 

your individual case, please check ‘‘My Case 

Status’’ online at: https://egov.uscis.gov/cris/ 

Dashboard.do, or call the USCIS National 

Customer Service Center at 1–800–375–5283. 

Written comments and suggestions 

from the public and affected agencies 

concerning the collection of information 

should address one or more of the 

following four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

(2) Evaluate the accuracy of the 

agencies estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Extension of an existing information 

collection. 

(2) Title of the Form/Collection: 

Application for Permission to Reapply 

for Admission into the United States 

after Deportation or Removal. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Homeland Security 

sponsoring the collection: Form I–212; 

U.S. Citizenship and Immigration 

Services (USCIS). 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals or 

households. The information provided 

on Form I–212 is used by USCIS to 

adjudicate applications filed by aliens 

requesting consent to reapply for 

admission to the United States after 

deportation, removal or departure, as 

provided under section 212 of the 

Immigration and Nationality Act. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: 1,877 responses at 2 hours per 

response. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 3,754 annual burden hours. 

If you need a copy of the information 

collection instrument, please visit the 

Web site at: http://www.regulations. 

gov/. 

We may also be contacted at: USCIS, 

Regulatory Coordination Division, 

Office of Policy and Strategy, 20 

Massachusetts Avenue NW., 

Washington, DC 20529, Telephone 

number 202–272–1470. 

Dated: April 19, 2012. 

Laura Dawkins, 

Acting Chief Regulatory Coordinator, 

Regulatory Coordination Division, Office of 

Policy and Strategy, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

[FR Doc. 2012–10406 Filed 4–30–12; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2521–12; DHS Docket No. USCIS 

2010–0010] 

RIN 1615–ZB11 

Extension and Redesignation of 

Somalia for Temporary Protected 

Status 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Notice. 

SUMMARY: This notice announces that 

the Secretary of Homeland Security 

(Secretary) is both extending the 

existing designation of Somalia for 

temporary protected status (TPS) for 18 

months from September 18, 2012 

through March 17, 2014, and 

redesignating Somalia for TPS for 18 

months, effective September 18, 2012 

through March 17, 2014. The extension 

allows currently eligible TPS 

beneficiaries to retain their TPS through 

March 17, 2014. The redesignation of 

Somalia allows additional individuals 

who have been continuously residing in 

the United States since May 1, 2012, to 

obtain TPS, if eligible. The Secretary has 

determined that an extension is 

warranted because the conditions in 

Somalia that prompted the TPS 

designation continue to be met. There 

continues to be a substantial, but 

temporary, disruption of living 

conditions in Somalia based upon 

ongoing armed conflict and 

extraordinary and temporary conditions 

in that country that prevent Somalis 

who now have TPS from safely 

returning. 

This notice also sets forth procedures 

necessary for nationals of Somalia (or 

aliens having no nationality who last 

habitually resided in Somalia) to reregister under the extension if they 

already have TPS or to submit an initial 

registration application under the 

redesignation, and to file Applications 

for Employment Authorization (Forms 

I–765) with U.S. Citizenship and 

Immigration Services (USCIS). 

Under the redesignation, individuals 

who currently do not have TPS, or a 

TPS application pending, may apply for 

TPS from May 1, 2012 through October 

29, 2012. In addition to demonstrating 

continuous residence in the United 

States since May 1, 2012, USCIS will 

determine whether initial applicants for 

TPS under this redesignation have 

demonstrated that they have been 

continuously physically present in the 

United States since September 18, 2012, 

the effective date of the redesignation of 

Somalia, before USCIS grants them TPS. 

For individuals who have already 

been granted TPS under the Somalia 

designation, the 60-day re-registration 

period will run from May 1, 2012 

through July 2, 2012. USCIS will issue 

new Employment Authorization 

Documents (EADs) with a March 17, 

2014 expiration date to eligible Somali 

TPS beneficiaries who timely re-register 

and apply for EADs under this 

extension. 

DATES: Extension of TPS: The 18-month 

extension of the TPS designation of 

Somalia is effective September 18, 2012, 

and will remain in effect through March 

17, 2014. The 60-day re-registration 

period begins May 1, 2012 and will 

remain in effect until July 2, 2012. 

Redesignation of Somalia for TPS: 

The redesignation of Somalia for TPS is 

effective September 18, 2012, and will 

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25724 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 

1As 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 Immigration and Nationality Act 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). 

remain in effect through March 17, 

2014, a period of 18 months. The initial 

registration period for new applicants 

under the Somalia TPS re-designation 

will run from May 1, 2012 through 

October 29, 2012. 

FOR FURTHER INFORMATION CONTACT:

• 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 Somalia for TPS and 

redesignation of Somalia by selecting 

‘‘TPS Designated Country—Somalia’’ 

from the menu on the left of the TPS 

Web page. 

• You can also contact the TPS 

Operations Program Manager at Status 

and Family 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 1– 

800–375–5283 (TTY 1–800–767–1833). 

• Further information will also be 

available at local USCIS offices upon 

publication of this notice. 

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This 

Document 

Act—Immigration and Nationality Act 

DHS—Department of Homeland Security 

DOS—Department of State 

EAD—Employment Authorization Document 

Government—U.S. Government 

OSC—U.S. Department of Justice, Office of 

Special Counsel for Immigration-Related 

Unfair Employment Practices 

Secretary—Secretary of Homeland Security 

TPS—Temporary Protected Status 

USCIS—U.S. Citizenship and Immigration 

Services 

What is Temporary Protected Status 

(TPS)? 

• TPS is an immigration status 

granted to eligible nationals of a country 

designated for TPS under the Act (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 of Homeland 

Security (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 Somalia designated for TPS? 

On September 16, 1991, the Attorney 

General designated Somalia for TPS 

based on extraordinary and temporary 

conditions resulting from armed 

conflict. See 56 FR 46804. On 

September 4, 2001, the Attorney General 

redesignated Somalia for TPS. See 66 FR 

46288. The Secretary of Homeland 

Security has extended Somalia’s TPS 

designation several times based on a 

determination that the conditions 

warranting the designation have 

continued to be met. The last extension 

for Somalia was announced on 

November 2, 2010. See 75 FR 67383. 

This announcement is the ninth 

extension of TPS for Somalia since the 

redesignation and extension in 2001, 

and the second redesignation of Somalia 

for TPS since the original designation in 

1991. 

What authority does the Secretary have 

to extend the designation of Somalia for 

TPS? 

Section 244(b)(1) of the Act, 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 Act, 8 U.S.C. 

1254a(a)(1)(A). 

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 Act, 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 

Act, 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 Act, 8 U.S.C. 

1254a(b)(3)(B). 

What is the Secretary’s authority to 

redesignate Somalia 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 Act, 8 U.S.C. 

1254a(b)(1); see also section 

244(c)(1)(A)(i) of the Act, 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 have simultaneously 

extended a country’s TPS designation 

and redesignated the country for TPS. 

See, e.g., 76 FR 29000 (May 19, 2011) 

(extension and redesignation for Haiti); 

69 FR 60168 (Oct. 7, 2004) (extension 

and redesignation for Sudan); 62 FR 

16608 (Apr. 7, 1997) (extension and 

redesignation for Liberia). 

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 

Act, 8 U.S.C. 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 Somalia shall be May 1, 

2012. Initial applicants for TPS under 

this redesignation must also show they 

have been ‘‘continuously physically 

present’’ in the United States since 

September 18, 2012, which is the 

effective date of the Secretary’s most 

recent designation, or redesignation, of 

Somalia. See section 244(c)(1)(A)(i) of 

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Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 25725 

the Act, 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 September 18, 2012. USCIS, 

however, will issue employment 

authorization documentation, as 

appropriate, during the registration 

period in accordance with 8 CFR 

244.5(b). 

Why is the Secretary extending the TPS 

designation for Somalia and 

simultaneously redesignating Somalia 

for TPS through March 17, 2014? 

Over the past year, the Department of 

Homeland Security (DHS) and the 

Department of State (DOS) have 

continued to review conditions in 

Somalia. 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 

2001 redesignation persist. The 

Secretary has further determined that 

the conditions have not only persisted, 

but have deteriorated in Somalia, 

supporting redesignating Somalia for 

TPS under section 244(b)(1)(A) and (C) 

of the Act and changing the ‘‘continuous 

residence’’ and ‘‘continuous physical 

presence’’ dates. 

Two decades of conflict in Somalia 

and the country’s most severe drought 

in 60 years have led to what has been 

referred to as the worst humanitarian 

crisis in the world. During this reporting 

period of 2010 and 2011, the number of 

armed groups involved on both sides of 

the conflict increased and the areas of 

intense conflict expanded. A dramatic 

upsurge in violence and severe drought 

were related factors contributing to 

famine experienced by six regions in 

south-central Somalia during 2011. All 

these conditions led to a rise in civilian 

deaths and population displacement, 

and left more than half the population 

in need of humanitarian assistance. 

Distribution of humanitarian aid 

increased significantly during 2011 and 

the international community has 

doubled its pledge for humanitarian aid 

to Somalia for 2012. However, the 

delivery of humanitarian aid continues 

to be impeded by numerous factors, 

including piracy off the coast of 

Somalia, difficulty accessing areas 

affected by seasonal flooding, general 

insecurity, and most notably threats to 

aid workers and restrictions on the 

presence and work of humanitarian 

agencies. 

Conflict between the Transitional 

Federal Government (TFG) and allied 

forces on one side and insurgent militias 

(including al-Shabaab) on the other 

continued to result in high levels of 

civilian casualties and population 

displacement. In early 2010, most of the 

country was in the hands of Islamist 

insurgents, with the TFG supported by 

the African Union Mission in Somalia 

(AMISOM) controlling only a few blocks 

of Mogadishu. Human Rights Watch 

(HRW) reported continual fighting 

between militant Islamist groups and 

the TFG raging in Mogadishu (Somalia’s 

capital) throughout 2010, with all 

parties conducting random attacks 

causing high civilian casualties. HRW 

further reported that opposition fighters 

deployed unlawfully in densely 

populated civilian neighborhoods and at 

times used civilians as ‘‘shields’’ to fire 

mortars at TFG and AMISOM. These 

attacks were conducted so 

indiscriminately that they frequently 

destroyed civilian homes, but rarely 

struck military targets. According to the 

United Nations (UN) Secretary-General, 

by early November 2011, the TFG and 

AMISOM were present across almost all 

16 districts of Mogadishu, but many 

districts remained insecure and terrorist 

attacks by al-Shabaab occurred almost 

daily. 

During 2010 and 2011, the conflict 

intensified outside of Mogadishu. The 

UN Security Council reported that ‘‘the 

relatively stable northern regions of 

Puntland and Somaliland have suffered 

increasing spillover from the conflict to 

the south in the form of targeted killings 

and bombings.’’ In late 2011, Kenya and 

Ethiopia provided assistance to the TFG 

and deployed troops into the border 

areas those countries share with 

Somalia to fight al-Shabaab. 

An escalation in fighting contributed 

to high numbers of civilian casualties. 

An estimated 2,200 civilians were killed 

in 2010. Around 1,400 civilians were 

killed in the first half of 2011. Between 

January and July 2011 some 6,543 

individuals were admitted to hospitals 

in Mogadishu with ‘‘weapon-related 

injuries.’’ In addition to being caught in 

the middle of fighting, civilians were 

also targeted by armed groups. 

According to an August 2011 HRW 

report, all forces involved in the fighting 

in Mogadishu ‘‘have been responsible 

for serious violations of international 

humanitarian law * * * [including] 

indiscriminate attacks, extrajudicial 

killings, arbitrary arrests and detention, 

and unlawful forced recruitment’’ 

(including forced recruitment of 

children by al-Shabaab). 

Worsening conditions, famine, and 

conflict led to the displacement of many 

people within and outside Somalia, 

with dire consequences for the health 

and safety of those populations. By the 

end of 2011, there were an estimated 1.5 

million internally displaced people 

(IDP) within Somalia. Approximately 

470,000 Somalis fled to IDP camps at or 

near Mogadishu. Makeshift IDP camps 

provided little access to humanitarian 

aid and placed IDPs at risk of 

harassment by local militia groups. In 

December 2011, the UN news agency 

Integrated Regional Information 

Networks reported a sharp rise in the 

number of rapes reported in IDP camps. 

The number of Somalis fleeing to 

neighboring countries drastically 

increased. The Office of the UN High 

Commissioner for Refugees (UNHCR) 

reported that in 2011 new Somali 

refugee arrivals in neighboring countries 

increased to 286,487, bringing the total 

number of Somali refugees in the region 

to 944,692 as of November 2011. 

Approximately 1,500 refugees per day 

crossed the border from Somalia into 

Ethiopia and Kenya at the peak of the 

famine. UNHCR expressed alarm at 

security incidents targeting the refugee 

complex in Kenya, where four targeted 

attacks took place between October and 

December 2011, including the 

kidnapping of three aid workers. 

Conflict, displacement, and factors 

related to food insecurity—including 

severe drought, rising food prices, and 

restrictions on humanitarian aid—were 

at the root of the ongoing humanitarian 

crisis in Somalia during 2010 and 2011. 

In 2010, Amnesty International reported 

that the threat of piracy, insecurity, 

restrictions on movement and 

operations of aid agencies, and 

corruption were factors that hampered 

delivery of humanitarian aid to 

populations in need. 

In July 2011 the UN declared a state 

of famine in parts of southern Somalia. 

According to the UN Office for the 

Coordination of Humanitarian Affairs 

(OCHA), by the second half of 2011, 

tens of thousands had died from famine. 

In August 2011, OCHA reported that 

‘‘Somalia is currently facing the most 

serious food and nutrition crisis in the 

world in terms of both scale and 

severity.’’ During this reporting period 

of 2010 and 2011, Somalia had the 

highest malnutrition rates in the world. 

According to the UN Food Security and 

Nutrition Analysis Unit, 450,000 

children were acutely malnourished 

throughout the country. Only 30 percent 

of Somalis had access to safe water, the 

lowest rate globally. Furthermore, food 

prices had drastically increased in 2011. 

Local cereal prices in the south had 

increased 270 percent in some areas. 

Additionally, local food shortages, an 

increase in global oil and food prices, 

and piracy had contributed to an 

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25726 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 

average increase of 29 percent on all 

imported commodities. By the end of 

2011, the UN reported that an estimated 

four million Somalis were in urgent 

need of food aid, humanitarian aid, and 

other assistance—more than half the 

country’s population; three million of 

those were in crisis, and 250,000 were 

suffering from famine and were at risk 

of starvation. 

Despite the humanitarian crisis, alShabaab blocked aid distribution. TFG 

troops reportedly complicated aid 

distribution by stealing aid. Reports 

described blanket prohibition on 

humanitarian aid in al-Shabaabcontrolled areas; and in late November 

2011, al-Shabaab announced a ban on 

the operations of 16 relief organizations, 

including the UN Children’s Fund, the 

World Health Organization and several 

UN agencies inside Somalia. This ban 

created concerns about renewed food 

insecurity and severe malnutrition. It 

also endangers the ability of Somali 

people in such areas to recover from the 

famine, rebuild community resilience, 

and build reserves for future adverse 

weather events. 

Somalia currently does not have a 

national government capable of 

providing a minimum level of human 

security and law and order for its 

citizens, and public security is unstable 

in many parts of Somalia. The TFG has 

little or no presence outside of 

Mogadishu, and has limited capacity to 

provide normal government services in 

the areas it does control. The TFG’s 

capacity to process, accommodate, and 

provide assistance to returnees is 

extremely limited. Somalia faces an 

uncertain political future as the TFG’s 

mandate is scheduled to end in August 

2012. 

Based upon this review and after 

consultation with appropriate 

Government agencies, the Secretary 

finds that: 

• The conditions that prompted the 

September 4, 2001 redesignation of 

Somalia for TPS continue to be met. See 

section 244(b)(3)(A) and (C) of the Act, 

8 U.S.C. 1254a(b)(3)(A) and (C). 

• There continues to be an ongoing 

armed conflict and extraordinary and 

temporary conditions in Somalia that 

prevent Somali nationals from returning 

to Somalia in safety. See section 

244(b)(1)(A) and (C) of the Act, 8 U.S.C. 

1254a(b)(1)(A) and (C). 

• It is not contrary to the national 

interest of the United States to permit 

Somalis (and persons who have no 

nationality who last habitually resided 

in Somalia) who meet the eligibility 

requirements of TPS to remain in the 

United States temporarily. See section 

244(b)(1)(C) of the Act, 8 U.S.C. 

1254a(b)(1)(C). 

• The designation of Somalia for TPS 

should be extended for an additional 18- 

month period from September 18, 2012 

through March 17, 2014. See section 

244(b)(3)(C) of the Act, 8 U.S.C. 

1254a(b)(3)(C). 

• Since the conditions in Somalia 

have significantly deteriorated which 

further prevents the safe return of 

Somali nationals (and persons with no 

nationality who last habitually resided 

in Somalia), Somalia should be 

simultaneously redesignated for TPS 

effective September 18, 2012 through 

March 17, 2014. See section 244(b)(1)(A) 

and (C) and (b)(2) of the Act, 8 U.S.C. 

1254a(b)(1)(A) and (C) and (b)(2). 

• For the redesignation, the Secretary 

has determined that TPS applicants 

must demonstrate that they have 

continuously resided in the United 

States since May 1, 2012. 

• The date by which TPS applicants 

must demonstrate that they have been 

continuously physically present in the 

United States is September 18, 2012, the 

effective date of the redesignation of 

Somalia for TPS. 

• There are approximately 250 

current Somalia TPS beneficiaries who 

are expected to be eligible to re-register 

for TPS under the extension. 

• It is estimated that fewer than 1,000 

additional individuals may be eligible 

for TPS under the redesignation of 

Somalia. This population includes 

potentially eligible Somalis who have 

limited time remaining as 

nonimmigrants or who have no other 

status. 

Notice of Extension of the TPS 

Designation of Somalia and 

Redesignation of Somalia for TPS 

By the authority vested in me as 

Secretary under section 244 of the Act, 

8 U.S.C. 1254a, I have determined, after 

consultation with the appropriate 

Government agencies, that the 

conditions that prompted the 

redesignation of Somalia for temporary 

protected status on September 4, 2001, 

not only continue to be met but have 

significantly deteriorated. See section 

244(b)(3)(A) of the Act, 8 U.S.C. 

1254a(b)(3)(A). On the basis of this 

determination, I am simultaneously 

extending the existing TPS designation 

of Somalia for 18 months from 

September 18, 2012 through March 17, 

2014, and redesignating Somalia for TPS 

for 18 months effective September 18, 

2012 through March 17, 2014. See 

section 244(b)(1)(A) and (C) and (b)(2) of 

the Act, 8 U.S.C. 1254a(b)(1)(A) and (C) 

and (b)(2). I have also determined that 

under the redesignation eligible 

individuals must have continuously 

resided in the United States since May 

1, 2012. See section 244(c)(1)(A)(ii) of 

the Act, 8 U.S.C. 1254a(c)(1)(A)(ii). 

Janet Napolitano, 

Secretary. 

Required Application Forms and 

Application Fees To Register or ReRegister for TPS 

To register or re-register for TPS for 

Somalia, an applicant must submit: 

1. Application for Temporary 

Protected Status, Form I–821, 

• If you are filing an initial 

application, you must pay the Form I– 

821 fee. 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 Form I–821 

fee. 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 Form I–765 fee only if you are 

age 14 through 65. No EAD fee is 

required if you are under the age of 14 

or over the age of 65 and applying for 

initial registration. 

• If you are applying for reregistration, you must pay the Form I– 

765 application fee only if you want an 

EAD. 

• You do not pay the Form I–765 fee 

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, you may apply for 

application and/or biometrics fee 

waivers by completing a Request for Fee 

Waiver (Form I–912) or submitting a 

personal letter requesting a fee waiver, 

and 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 Form I–821, Form I–765, and 

biometric services are also described in 

8 CFR 103.7(b). 

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, you may apply for a biometrics fee 

waiver by completing a Form I–912, or 

by submitting a personal letter 

requesting a fee waiver, and providing 

satisfactory supporting documentation. 

For more information on the biometric 

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Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 25727 

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. 

Re-Filing an Initial TPS Application 

After Receiving a Denial of a Fee 

Waiver Request 

If you request a fee waiver when filing 

your TPS and EAD application forms 

and your request is denied, you may refile your application packet with the 

correct fees before the filing deadline 

October 29, 2012. If you attempt to 

submit your application with a fee 

waiver request before the initial filing 

deadline, but you receive your 

application back with the USCIS 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 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 EAD application fee at 

a later time after USCIS grants you TPS, 

if you are found eligible. 

Re-Filing 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 promptly process the 

applications and issue EADs. 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 reregistration 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 reregistration. 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 section 

244(c)(3)(C) of the Act; 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: 

Although, as stated above, a reregistering TPS beneficiary age 14 and 

older must pay the biometrics fee (but 

not the initial TPS application fee) upon 

filing a TPS re-registration application, 

the applicant may wish to wait to 

request an EAD and pay the EAD 

application fee after USCIS has 

approved the individual’s TPS reregistration, if he or she is eligible. 

Mailing Information 

Mail your application for TPS to the 

proper address in Table 1: 

TABLE 1—MAILING ADDRESS

If . . . Mail to . . . 

You are applying for a re-registration or applying for an initial registration: U.S. Postal Service: USCIS, Attn: TPS Somalia, P.O. Box 6943, Chicago, IL 60680–6943. 

Non-U.S. Postal Delivery Service: USCIS, Attn: TPS Somalia, 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 reregistering for the first time following a 

grant by the IJ or BIA, please mail your 

application to the 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 stating 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 email addresses 

on the USCIS TPS Web page at http:// 

www.uscis.gov/tps. 

E-Filing 

You cannot electronically file your 

application when registering or reregistering for Somalia TPS. Please mail 

your application to the mailing address 

listed in Table 1 above. 

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 reregistrants at local offices. 

Will my current EAD that is set to expire 

on September 17, 2012, be 

automatically extended for six months? 

No. This notice does not 

automatically extend previously issued 

EADs. DHS has announced the 

extension of the TPS designation of 

Somalia and established the reregistration period at an early date to 

allow sufficient time for USCIS to 

process EAD requests prior to the 

September 17, 2012 expiration date. 

You must apply during the 60-day reregistration 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 page 5 of the 

Employment Eligibility Verification, 

Form I–9. Employers are required to 

verify the identity and employment 

authorization of all new employees by 

using Form I–9. Within three 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 on 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 

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25728 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 

Form I–9 to reverify employment 

authorization. Employers are required to 

reverify on Form I–9 the employment 

authorization of current employees 

upon the expiration of a TPS-related 

EAD but 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 Somalia beneficiaries 

before their current EADs expire on 

September 17, 2012. However, reregistering 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 Somali 

citizenship? 

No. When completing the Form I–9, 

including reverifying employment 

authorization, employers must accept 

any documentation that appears on the 

lists of acceptable documentation, and 

that reasonably appears to be genuine 

and that relates to you. Employers may 

not request specific documentation, 

regardless of whether it does or does not 

appear on the Form I–9. Therefore, 

employers may not request proof of 

Somali citizenship when completing 

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 

based on 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 Customer 

Assistance Office at 1–800–357–2099. 

The USCIS Customer Assistance Office 

accepts calls in English and Spanish 

only. For questions about avoiding 

discrimination during the employment 

eligibility verification process, 

employers may call the Department of 

Justice (DOJ) Office of Special Counsel 

for Immigration-Related Unfair 

Employment Practices (OSC) Employer 

Hotline at 1–800–255–8155, which 

offers language interpretation in 

numerous languages. 

Note to Employees 

Employees or applicants may call the 

DOJ OSC Worker Information Hotline at 

1–800–255–7688 (TDD for the hearing 

impaired is at 1-800-237–2515) for 

information regarding employment 

discrimination based on citizenship or 

immigration status, or based on national 

origin, or for information regarding 

discrimination related to the Form I–9 

and E-Verify. Language interpretation is 

available in numerous languages. In 

order to comply with the law, 

employers must accept any document or 

combination of documents acceptable 

for 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 Form I–9 completion. 

Further, employees who receive an 

initial mismatch in E-Verify must be 

given an opportunity to challenge the 

mismatch, and employers are prohibited 

from taking adverse action against such 

employees based on the initial 

mismatch unless and until E-Verify 

returns a final non-confirmation. 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 

pending. Additional information is 

available on the OSC Web site at 

http://www.justice.gov/crt/about/osc/. 

Note Regarding Federal, State and 

Local Government Agencies (Such as 

Departments of Motor Vehicles) 

State and local government agencies 

are permitted to create their own 

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. If you are applying for a state 

or local government benefit, you may 

need to provide the state or local 

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, Form I–821 

Receipt Notice (Form I–797) for this reregistration; 

(3) A copy of your past or current 

Form I–821 Approval Notice (Form I– 

797), if you receive one from USCIS. 

Check with the state or local 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 following completion of all 

required SAVE verification steps, the 

agency must offer you the opportunity 

to appeal the decision in accordance 

with the agency’s procedures. If the 

agency has completed all SAVE 

verification and you do not believe the 

response is correct, you may make an 

Info Pass 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 www.uscis.gov/ 

save, then by choosing ‘‘How to Correct 

Your Records’’ from the menu on the 

right. 

[FR Doc. 2012–10388 Filed 4–30–12; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Accreditation and Approval of SGS 

North America, Inc., as a Commercial 

Gauger and Laboratory 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of accreditation and 

approval of SGS North America, Inc., as 

a commercial gauger and laboratory. 

SUMMARY: Notice is hereby given that, 

pursuant to 19 CFR 151.12 and 19 CFR 

151.13, SGS North America, Inc., 2310 

Highway 69 North, Nederland, TX 

77627, has been approved to gauge and 

accredited to test petroleum and 

petroleum products, organic chemicals 

and vegetable oils for customs purposes, 

in accordance with the provisions of 19 

CFR 151.12 and 19 CFR 151.13. Anyone 

wishing to employ this entity to conduct 

laboratory analyses and gauger services 

should request and receive written 

assurances from the entity that it is 

accredited or approved by the U.S. 

Customs and Border Protection to 

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