[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Notices]
[Pages 79208-79215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27154]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2676-20; DHS Docket No. USCIS-2019-0020]
RIN 1615-ZB83


Continuation of Documentation for Beneficiaries of Temporary 
Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, 
Honduras, and Nepal

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 actions to ensure its continued compliance with the 
preliminary injunction orders of the U.S. District Court for the 
Northern District of California in Ramos, et al. v. Nielsen, et. al., 
No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (``Ramos'') and the U.S. 
District Court for the Eastern District of New York in Saget, et. al., 
v. Trump, et. al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) (``Saget''), 
and with the order of the U.S. District Court for the Northern District 
of California to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-
00731 (N.D. Cal. Mar. 12, 2019) (``Bhattarai''). A panel of the U.S. 
Court of Appeals for the Ninth Circuit vacated the injunction in Ramos 
on September 14, 2020. However, because the appellate court has not 
issued its directive to the district court to make that ruling 
effective, the injunction remains in place at this time. See Ramos, et 
al., v. Wolf, et al., No. 18-16981 (9th Cir., September 14, 2020). 
Beneficiaries under the Temporary Protected Status (TPS) designations 
for El Salvador, Nicaragua, Sudan, Honduras, and Nepal will retain 
their TPS while the preliminary injunction in Ramos and the Bhattarai 
order remain in effect, provided that an alien's TPS is not withdrawn 
because of individual ineligibility. Beneficiaries under the TPS 
designation for Haiti will retain their TPS while either of the 
preliminary injunctions in Ramos or Saget remain in effect, provided 
that an alien's TPS is not withdrawn because of individual 
ineligibility. This notice further provides information on the 
automatic extension of the validity of TPS-related Employment 
Authorization Documents (EADs); Notices of Action (Forms I-797); and 
Arrival/Departure Records (Forms I-94), (collectively ``TPS-related 
documentation''); for those beneficiaries under the TPS designations 
for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.

DATES: DHS is automatically extending the validity of TPS-related 
documentation for beneficiaries under the TPS designations for El 
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal for nine months 
through October 4, 2021, from the current expiration date of January 4, 
2021.

FOR FURTHER INFORMATION CONTACT: 
    <bullet> You may contact Maureen Dunn, Chief, Humanitarian Affairs 
Division, Office of Policy and Strategy, U.S. Citizenship and 
Immigration Services, U.S. Department of Homeland Security, by mail at 
5900 Capital Gateway Dr, Camp Springs, MD 20529-2140; or by phone at 
800-375-5283.
    <bullet> For further information on TPS, please visit the USCIS TPS 
web page at www.uscis.gov/tps.
    <bullet> If you have additional questions about TPS, please visit 
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of 
your questions and point you to additional information on our website. 
If you are unable to find your answers there, you may also call our 
U.S. Citizenship and Immigration Services (USCIS) Contact Center at 
800-375-5283 (TTY 800-767-1833).
    <bullet> Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at www.uscis.gov, or visit the USCIS Contact Center at 
uscis.gov/contactcenter.
    <bullet> Further information will also be available at local USCIS 
offices upon publication of this notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
EOIR--Executive Office for Immigration Review
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
Government--U.S. Government
INA--Immigration and Nationality Act

[[Page 79209]]

IER--U.S. Department of Justice, Civil Rights Division, Immigrant 
and Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services

Background on TPS

    <bullet> 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 eligible persons without nationality who 
last habitually resided in the designated country.
    <bullet> During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to obtain EADs so long as they continue to meet the 
requirements of TPS.
    <bullet> TPS beneficiaries may travel abroad temporarily with the 
prior consent of DHS.
    <bullet> The granting of TPS does not result in or lead to lawful 
permanent resident status.
    <bullet> To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
    <bullet> When the Secretary of Homeland Security (the Secretary) 
terminates a country's TPS designation, beneficiaries return to one of 
the following:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
been terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, as long as it is still valid on 
the date TPS terminates.

Purpose of this Action

    This notice ensures DHS's continued compliance with various court 
orders issued by the federal district courts in the Ramos, Bhattarai, 
and Saget lawsuits that require DHS to maintain the TPS designations 
for El Salvador, Haiti, Sudan, Nicaragua, Honduras, and Nepal, as well 
as the TPS and TPS-related documentation for eligible affected 
beneficiaries.\1\ The U.S. Court of Appeals for the Ninth Circuit 
vacated the district court's preliminary injunction in Ramos on 
September 14, 2020, holding that the decision to designate, extend, or 
terminate TPS is not subject to judicial review. However, the appellate 
order is not currently effective because the Ninth Circuit has not 
issued any directive to carry out the order to the federal district 
court.\2\ Therefore, the Ramos preliminary injunction remains in 
effect. In addition, the order of the district court in Bhattarai 
staying proceedings and approving the parties' stipulated agreement to 
continue TPS and TPS-related documentation for eligible beneficiaries 
from Nepal and Honduras remains in effect. The Saget district court's 
order prohibiting the termination of TPS for Haiti also remains in 
effect while the decision is on appeal to the U.S. Court of Appeals for 
the Second Circuit. Affected TPS beneficiaries from the six countries 
will retain their status, provided they continue to meet all the 
individual requirements for TPS eligibility described in INA section 
244(c) and 8 CFR 244. As necessary, DHS will publish future information 
in the Federal Register to ensure its compliance with any relevant 
court orders that may be issued after the date of this notice.
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    \1\ See Ramos, et al. v. Nielsen, et. al., No. 18-cv-01554 (N.D. 
Cal. Oct. 3, 2018) (district court granted preliminary injunction 
against terminations of TPS for El Salvador, Haiti, Sudan, and 
Nicaragua) (``Ramos''); Saget, et. al., v. Trump, et. al., No. 18-
cv-1599 (E.D.N.Y. Apr. 11, 2019) (district court granted preliminary 
injunction against termination of TPS for Haiti) (``Saget''); and 
Bhattarai, et al. v. Nielsen, et al., No. 19-cv-00731 (N.D. Cal. 
Mar. 12, 2019) (district court stayed proceedings until Ramos appeal 
decided and approved parties' stipulation for continued TPS and 
issuance of TPS-related documentation to eligible, affected 
beneficiaries of TPS for Honduras and Nepal during the stay and 
pendency of the appeal) (``Bhattarai'').
    \2\ See Ramos, et al., v. Wolf, et al., No. 18-16981 (9th Cir., 
September 14, 2020).
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    DHS has initially published notices to ensure its compliance with 
the Ramos preliminary injunction on October 31, 2018 and March 1, 2019, 
and the Bhattarai order to stay proceedings on May 10, 2019. See 83 FR 
54764; 84 FR 7103; and 84 FR 20647. The Department last published a 
notice to ensure its continued compliance with the combined orders in 
Ramos, Bhattarai, and Saget on November 4, 2019. That notice 
automatically extended certain TPS and TPS-related documentation 
through January 4, 2021 for all eligible TPS beneficiaries covered by 
the courts' orders. See 84 FR 59403. Through this Federal Register 
notice, DHS announces actions to ensure its continued compliance with 
the district court orders in these three lawsuits while those orders 
remain in effect.
    The TPS designations for El Salvador, Nicaragua, and Sudan will 
remain in effect, as required by the Ramos district court order, so 
long as the preliminary injunction remains in effect. The TPS 
designation for Haiti will remain in effect, as required by the 
preliminary injunction orders in both Ramos and Saget, so long as 
either of those preliminary injunctions remain in effect. The TPS 
designations for Honduras and Nepal will remain in effect so long as 
the Bhattarai order staying proceedings and approving the parties' 
stipulated agreements continues in effect. Affected TPS beneficiaries 
under the TPS designations for El Salvador, Nicaragua, Sudan, Haiti, 
Honduras, and Nepal will retain their TPS and their TPS-related 
documentation will continue to be valid in accordance with the specific 
orders that affect the TPS designations regarding their individual 
countries, provided that the affected beneficiaries continue to meet 
all the individual requirements for TPS. See INA section 244(c)(3). See 
also 8 CFR 244.14. DHS will not terminate TPS for any of the affected 
countries pending final disposition of the Ramos appeal, or for Haiti 
pending both Ramos and Saget appeals, including through any additional 
appellate channels in which relief may be sought, or by other orders of 
the court.
    DHS is further announcing it is automatically extending, through 
October 4, 2021, the validity of certain TPS-related documentation, as 
specified in this notice, for beneficiaries under the TPS designations 
for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal provided 
that the affected beneficiaries remain individually eligible for TPS.

Automatic Extension of EADs Issued Under the TPS designations for El 
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

    Through this Federal Register notice, DHS automatically extends the 
validity of EADs listed in Table 1 below issued to beneficiaries under 
the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, 
Honduras, and Nepal. Such aliens may show their EAD to employers to 
demonstrate they have employment authorization and may wish to also 
show employers this Federal Register notice to explain that their TPS-
Related Documentation has been automatically extended through October 
4, 2021. This Notice explains how TPS beneficiaries, their employers, 
and benefit-granting agencies may determine which EADs are 
automatically extended and how this affects the Form I-9, Employment 
Eligibility Verification, E-Verify, and USCIS Systematic Alien 
Verification for Entitlements (SAVE) processes. Additionally, a 
beneficiary under the

[[Page 79210]]

TPS designation for any of these countries who has applied for a new 
EAD but who has not yet received his or her new EAD is covered by this 
automatic extension, provided that the EAD he or she possesses contains 
one of the expiration dates listed in Table 1 below.

                         Table 1--Affected EADs
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If an EAD has a category code of A-
 12 or C-19 and an expiration date     Then the validity of the EAD is
                of:                           extended through:
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              07/22/2017                           10/04/2021
              11/02/2017                           10/04/2021
              01/05/2018                           10/04/2021
              01/22/2018                           10/04/2021
              03/09/2018                           10/04/2021
              06/24/2018                           10/04/2021
              07/05/2018                           10/04/2021
              11/02/2018                           10/04/2021
              01/05/2019                           10/04/2021
              04/02/2019                           10/04/2021
              06/24/2019                           10/04/2021
              07/22/2019                           10/04/2021
              09/09/2019                           10/04/2021
              01/02/2020                           10/04/2021
              01/05/2020                           10/04/2021
              03/24/2020                           10/04/2021
              01/04/2021                           10/04/2021
------------------------------------------------------------------------

Automatic Extension of Forms I-94 and Forms I-797

    Also through this Federal Register notice, DHS automatically 
extends the validity periods of the Forms I-94 and Forms I-797 listed 
in Table 2 below previously issued to beneficiaries under the TPS 
designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and 
Nepal. These extensions apply only if the TPS beneficiary properly 
filed for re-registration during either the most recent DHS-announced 
registration period for their country, or any applicable previous DHS-
announced re-registration periods for the alien's country,\3\ or has a 
re-registration application that remains pending. This notice does not 
extend the validity periods of Forms I-94 or Forms I-797 for any TPS 
beneficiary who failed to file for TPS re-registration during one of 
the applicable previous DHS-announced re-registration periods, or for 
whom a re-registration request has been finally denied. In addition, 
the extensions do not apply for any beneficiary from whom TPS has been 
withdrawn.
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    \3\ El Salvador: July 8-Sept. 6, 2016, or Jan. 18-Mar. 19, 2018; 
Haiti: Aug. 25-Oct. 26, 2015, May 24-July 24, 2017, or Jan. 18-Mar. 
19, 2018; Honduras: May 16-July 16, 2016; Dec. 15, 2017-Feb. 13, 
2018 or June 5-Aug. 6, 2018; Nepal: Oct. 26-Dec. 27, 2016 or May 22-
July 23, 2018; Nicaragua: May 16-July 15, 2016 or Dec. 15, 2017-Feb. 
13, 2018; Sudan: Jan. 25-March 25, 2016 or Oct. 11, 2017-Dec. 11, 
2017.
    \4\ Your Forms I-94 and I-797 may show a different beginning 
date of validity than those listed here if you were a late initial 
filer (LIF) at the time because the forms would have the date of 
approval of your LIF application for TPS. As long as they bear an 
end date of validity listed in this chart, then they are 
automatically extended by this Notice.

                                   Table 2--Affected Forms I-94 and I-797 \4\
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                                                                                                    Validity of
                                               Beginning date of                                  forms I-94 and
                 Country                           validity:             End date of validity:         I-797
                                                                                                     extended
-----------------------------------------------------------------------------------------------------through:---
El Salvador.............................  Sept. 10, 2016............  Mar. 9, 2018..............      10/04/2021
                                          Mar. 10, 2018.............  Sept. 9, 2019.............      10/04/2021
Haiti...................................  Jan. 23, 2016.............  July 22, 2017.............      10/04/2021
                                          July 23, 2017.............  Jan. 22, 2018.............      10/04/2021
                                          Jan. 23, 2018.............  July 22, 2019.............      10/04/2021
Honduras................................  July 6, 2016..............  Jan. 5, 2018..............      10/04/2021
                                          Jan. 6, 2018..............  July 5, 2018..............      10/04/2021
                                          July 6, 2018..............  Jan. 5, 2020..............      10/04/2021
Nepal...................................  Dec. 25, 2016.............  June 24, 2018.............      10/04/2021
                                          June 25, 2018.............  June 24, 2019.............      10/04/2021
Nicaragua...............................  July 6, 2016..............  Jan. 5, 2018..............      10/04/2021
                                          Jan. 6, 2018..............  Jan. 5, 2019..............      10/04/2021
Sudan...................................  May 3, 2016...............  Nov. 2, 2017..............      10/04/2021
                                          Nov. 3, 2017..............  Nov. 2, 2018..............      10/04/2021
----------------------------------------------------------------------------------------------------------------

Application Procedures

    Current beneficiaries under the TPS designations for El Salvador, 
Haiti, Honduras, Nepal, Nicaragua, and Sudan do not need to pay a fee 
or file any application, including Application for Employment 
Authorization (Form I-765), to maintain their TPS benefits through 
October 4, 2021, provided that they have properly re-registered for TPS 
during either the most recent DHS-announced registration period for 
their country, or any applicable previous re-registration period 
described in Footnote 3.
    TPS beneficiaries who have failed to re-register properly for TPS 
during any of these re-registration periods may still file an 
Application for Temporary Protected Status (Form I-821), but must 
demonstrate ``good cause'' for failing to re-register on time, as 
required by law. See INA section 244(c)(3)(C) (TPS beneficiary's 
failure to register without good cause in form and manner specified by 
DHS is ground for TPS withdrawal); 8 CFR 244.17(b) and Form I-821 
instructions.
    Any currently eligible beneficiary who does not presently have a 
pending EAD application under the TPS designations for El Salvador, 
Haiti, Honduras, Nepal, Nicaragua, or Sudan may file Form I-765 with 
appropriate fee.

Possible Future Actions

    In order to comply with statutory requirements for TPS while the 
district courts' orders or any superseding court order concerning the 
beneficiaries under the TPS designations for El Salvador, Haiti, 
Honduras, Nepal, Nicaragua, and Sudan are pending, DHS anticipates 
requiring these beneficiaries to re-register and will announce the re-
registration procedures in a future Federal Register notice. DHS has 
the authority to conduct TPS re-registration in accordance with section 
244(c)(3)(C) of the INA and 8 CFR 244.17. Through the re-registration 
process, which is generally conducted every 12 to 18 months while a 
country is designated

[[Page 79211]]

for TPS, USCIS determines whether each TPS beneficiary is continuing to 
maintain individual eligibility for TPS, including but not limited to, 
the requirements related to disqualifying criminal or security issues. 
See id.; INA, section 244(c)(2); 8 CFR 244.2, 244.3, and 244.4 
(describing individual TPS eligibility requirements, including 
mandatory criminal and security bars).
    The Government has appealed both the Ramos and Saget preliminary 
injunctions. A 3-judge panel of the U.S. Court of Appeals for the Ninth 
Circuit ruled for the Government and vacated the Ramos preliminary 
injunction on September 14, 2020. However, the preliminary injunction 
remains in effect because the appellate court has not issued its 
directive (i.e., the mandate) to the district court to implement the 
panel's decision. Should the Government ultimately prevail in its 
challenge to the Ramos preliminary injunction, the Secretary's 
determination to terminate TPS for Nicaragua, Sudan, Honduras, and 
Nepal will take effect no earlier than 120 days from the issuance of 
any appellate mandate to the district court. The Secretary's 
determination to terminate TPS for El Salvador will take effect no 
earlier than 365 days from the issuance of any appellate mandate to the 
Ramos district court. DHS provides this additional time for El Salvador 
TPS beneficiaries in part because there are almost 100,000 more such 
beneficiaries than in the combined TPS beneficiary populations of all 
the other five countries covered by this notice.\5\ The additional 
period of 245 days beyond 120 days permits an orderly transition for 
beneficiaries of TPS from El Salvador as they return to their homeland. 
If the Government prevails in its appeals, DHS will also continue to 
monitor the circumstances of the affected beneficiaries under the other 
five TPS country designations covered by this notice. See INA, 
244(d)(3).
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    \5\ As of December 31, 2019, the number of TPS beneficiaries 
covered under the affected designations were: El Salvador 247,412; 
Haiti 55,218; Nicaragua 4,409; Sudan 771; Honduras 79,290; Nepal 
14,549.
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    TPS for beneficiaries under Haiti's designation may continue 
pursuant to the Saget preliminary injunction. However, should the 
Government prevail in its challenges to both the Ramos preliminary 
injunction and the Saget preliminary injunction, the Secretary's 
determination to terminate TPS for Haiti will take effect no earlier 
than 120 days from the issuance of the later of the two appellate 
mandates to the District Court. To the extent that a Federal Register 
notice has automatically extended TPS-related documentation beyond 120 
days from the issuance of any appellate mandate to the District Court, 
DHS reserves the right to issue a subsequent Federal Register notice 
announcing an expiration date for the documentation that corresponds to 
the last day of the 120-day period. Should the Government move to 
vacate the Bhattarai order to stay proceedings in light of an appellate 
decision affirming the preliminary injunction in Ramos that suggests a 
basis on which to distinguish the determinations to terminate the TPS 
designations for Honduras and Nepal from the TPS terminations at issue 
in Ramos, TPS will remain in effect for Honduras and Nepal for at least 
180 days following an order of the District Court vacating the stay in 
proceedings.

Additional Notes

    Nothing in this notice affects DHS's ongoing authority to determine 
on a case-by-case basis whether a TPS beneficiary continues to meet the 
eligibility requirements for TPS described in section 244(c) of the INA 
and the implementing regulations in part 244 of Title 8 of the Code of 
Federal Regulations.

Notice of Compliance With the ``Order Enjoining the Implementation and 
Enforcement of Determinations To Terminate the TPS Designations for El 
Salvador, Haiti, Nicaragua, and Sudan'' in Ramos, the ``Order Enjoining 
the Implementation of Enforcement of Determination To Terminate the TPS 
Designation of Haiti'' in Saget, and the ``Order To Stay Proceedings 
and Agreement To Stay the Determinations To Terminate the TPS 
Designations for Honduras and Nepal'' in Bhattarai

    The previously announced determinations to terminate the existing 
designations of TPS for El Salvador, Nicaragua, and Sudan \6\ will not 
be implemented or enforced unless and until the district court's order 
in Ramos is reversed and that reversal becomes final. The previously 
announced determination to terminate the existing designation of TPS 
for Haiti will not be implemented or enforced unless and until the 
district court's orders in Ramos and Saget are reversed and those 
reversals become final.\7\ As required by the order to stay proceedings 
in Bhattarai, DHS will not implement or enforce the previously 
announced determinations to terminate the existing TPS designations for 
Honduras and Nepal \8\ unless and until the district court's order in 
Ramos enjoining implementation and enforcement of the determinations to 
terminate the TPS designations for El Salvador, Haiti, Nicaragua, and 
Sudan is reversed and that reversal becomes final for some or all of 
the affected countries, or by other order of the court. Any termination 
of TPS-related documentation for beneficiaries under the TPS 
designations for Haiti, Nicaragua, Sudan, Honduras, and Nepal will go 
into effect no earlier than 120 days, and no earlier than 365 days for 
beneficiaries under the TPS designation for El Salvador, following the 
issuance of any mandate to the district court, as described in the 
``Possible Future Action'' section of this Federal Register notice.\9\
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    \6\ See Termination of the Designation of El Salvador for 
Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018); Termination 
of the Designation of Nicaragua for Temporary Protected Status, 82 
FR 59636 (Dec. 15, 2017); Termination of the Designation of Sudan 
for Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017).
    \7\ See Termination of the Designation of Haiti for Temporary 
Protected Status, 83 FR 2648 (Jan. 18, 2018).
    \8\ See Termination of the Designation of Honduras for Temporary 
Protected Status, 83 FR 26074 (June 5, 2018); Termination of the 
Designation of Nepal for Temporary Protected Status, 83 FR 23705 
(May 22, 2018).
    \9\ An additional provision in the Bhattarai Order to Stay 
Proceedings states that if the preliminary injunction in Ramos is 
upheld, but the Government moves to vacate the Bhattarai Order based 
on reasons for distinguishing the terminations of TPS for Honduras 
and Nepal from those under the injunction in Ramos, TPS will remain 
in effect for Honduras and Nepal for at least 180 days following an 
order of the District Court vacating its stay of proceedings order.
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    In further compliance with the still-valid district court orders, 
DHS is publishing this notice automatically extending the validity of 
the TPS-related documentation specified in the Supplementary 
Information section of this notice through October 4, 2021, for 
eligible beneficiaries under the TPS designations for El Salvador, 
Haiti, Nicaragua, Sudan, Honduras, and Nepal. DHS will continue to 
issue notices that will automatically extend TPS-related documentation 
for all affected beneficiaries under the TPS designations for El 
Salvador, Honduras, Nicaragua, Nepal, and Sudan, so long as the Ramos 
preliminary injunction and Bhattarai order to stay proceedings remain 
in place; for Haiti so long as either the Ramos or Saget preliminary 
injunctions remain in place; or by other order of the court. However, 
should compliance with the Ramos, Bhattarai, and/or Saget court orders 
remain necessary, DHS may announce periodic re-registration procedures 
for eligible TPS beneficiaries in accordance with the INA and DHS 
regulations. DHS

[[Page 79212]]

further continues its commitment to a transition period, as described 
above.
    All TPS beneficiaries must continue to maintain their TPS 
eligibility by meeting the requirements for TPS in INA section 244(c) 
and 8 CFR part 244. DHS will continue to adjudicate any pending TPS re-
registration and pending late initial applications for affected 
beneficiaries under the TPS designations for El Salvador, Haiti, 
Honduras, Nicaragua, Nepal, and Sudan, and continue to make appropriate 
individual TPS withdrawal decisions in accordance with existing 
procedures if an alien no longer maintains TPS eligibility. DHS will 
take appropriate steps to continue its compliance with the orders, and 
with all statutory requirements.
    The Acting Secretary of Homeland Security, Chad F. Wolf, having 
reviewed and approved this document, has delegated the authority to 
electronically sign this document to Ian Brekke, who is the Deputy 
General Counsel for DHS, for purposes of publication in the Federal 
Register.

Ian Brekke,
Deputy General Counsel, U.S. Department of Homeland Security.

Approved Forms To Demonstrate Continuation of Lawful Status and TPS-
Related Employment Authorization

<bullet> This Federal Register notice dated December 9, 2020

    [cir] Through operation of this notice, certain TPS-related 
documentation, including EADs, of affected beneficiaries under the TPS 
designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and 
Sudan are automatically extended through October 4, 2021.
    [cir] A beneficiary granted TPS under the designation for El 
Salvador, Haiti, Honduras, Nepal, Nicaragua, or Sudan may show his or 
her EAD that has been automatically extended to his or her employer to 
demonstrate identity and continued TPS-related employment eligibility 
to meet Employment Eligibility Verification (Form I-9) requirements. A 
beneficiary granted TPS under a designation for one of these countries 
may also wish to show an employer this Federal Register notice, which 
explains that his or her EAD has been automatically extended.
    [cir] Alternatively, such a TPS beneficiary may choose to show 
other acceptable documents that are evidence of identity and employment 
eligibility as described in the instructions to Form I-9.
    [cir] Finally, such a TPS beneficiary may show a copy of this 
Federal Register notice, along with his or her EAD that has been 
automatically extended, or Form I-94, or Form I-797, as evidence of his 
or her lawful status, to law enforcement, Federal, state, and local 
government agencies, and private entities.

<bullet> Employment Authorization Document (EAD)

Am I eligible to receive an automatic extension of my current EAD using 
this Federal Register notice?

    Yes. Provided that you currently have a TPS-related EAD with the 
specified expiration dates below, this notice automatically extends 
your EAD as stated in Table 3 below.

                         Table 3--Affected EADs
------------------------------------------------------------------------
If your EAD has category code of A-
 12 or C-19 and an expiration date    Then this Federal  Register notice
                of:                       extends your EAD through:
------------------------------------------------------------------------
              07/22/2017                           10/04/2021
              11/02/2017                           10/04/2021
              01/05/2018                           10/04/2021
              01/22/2018                           10/04/2021
              03/09/2018                           10/04/2021
              06/24/2018                           10/04/2021
              07/05/2018                           10/04/2021
              11/02/2018                           10/04/2021
              01/05/2019                           10/04/2021
              04/02/2019                           10/04/2021
              06/24/2019                           10/04/2021
              07/22/2019                           10/04/2021
              09/09/2019                           10/04/2021
              01/02/2020                           10/04/2021
              01/05/2020                           10/04/2021
              03/24/2020                           10/04/2021
              01/04/2021                           10/04/2021
------------------------------------------------------------------------

When hired, what documentation may I show to my employer as evidence of 
employment authorization and identity when completing Form I-9?

    You can find the Lists of Acceptable Documents on the third page of 
Form I-9 as well as the Acceptable Documents web page at www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to 
verify the identity and employment authorization of all new employees. 
Within 3 days of hire, employees must present acceptable documents to 
their employers as evidence of identity and employment authorization to 
satisfy Form I-9 requirements.
    You may present any document from List A (which provides evidence 
of both your identity and employment authorization) or one document 
from List B (which provides evidence of your identity) together with 
one document from List C (which provides evidence of your employment 
authorization), or you may present an acceptable receipt as described 
in the Form I-9 instructions. Employers may not reject a document based 
on a future expiration date. You can find additional information about 
Form I-9 on the I-9 Central web page at www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. See the section 
``How do my employer and I complete Form I-9 using my automatically 
extended employment authorization for a new job?'' of this Federal 
Register notice for further information. If you present your EAD with 
one of the expiration dates specified below, you may also provide your 
employer with a copy of this Federal Register notice, which explains 
that your EAD has been automatically extended for a temporary period of 
time, through October 4, 2021, as follows:

                   Table 4--Affected EADs and Form I-9
------------------------------------------------------------------------
 You may show your EAD
 to complete Form  I-9                              Your employer must
    if your EAD has         Enter this date in         reverify your
 category code of A-12    Section 1 of Form I-9:        employment
  or C-19 and bears an                               authorization by:
  expiration date of:
------------------------------------------------------------------------
          07/22/2017               10/04/2021              10/05/2021
          11/02/2017               10/04/2021              10/05/2021
          01/05/2018               10/04/2021              10/05/2021
          01/22/2018               10/04/2021              10/05/2021
          03/09/2018               10/04/2021              10/05/2021
          06/24/2018               10/04/2021              10/05/2021
          07/05/2018               10/04/2021              10/05/2021
          11/02/2018               10/04/2021              10/05/2021
          01/05/2019               10/04/2021              10/05/2021
          04/02/2019               10/04/2021              10/05/2021

[[Page 79213]]

 
          06/24/2019               10/04/2021              10/05/2021
          07/22/2019               10/04/2021              10/05/2021
          09/09/2019               10/04/2021              10/05/2021
          01/02/2020               10/04/2021              10/05/2021
          01/05/2020               10/04/2021              10/05/2021
          03/24/2020               10/04/2021              10/05/2021
          01/04/2021               10/04/2021              10/05/2021
------------------------------------------------------------------------

What documentation may I present to my employer for Form I-9 if I am 
already employed but my current TPS-related EAD is set to expire?

    Even though your EAD has been automatically extended, your employer 
may need to re-inspect your automatically extended EAD to check the 
Card Expires date and Category code if your employer did not keep a 
copy of your EAD when you initially presented it. In this situation, 
your employer should update the EAD expiration date in Section 2 of 
Form I-9. See the section, ``What corrections should my current 
employer make to Form I-9 if my employment authorization has been 
automatically extended?'' of this Federal Register notice for further 
information. You may show this Federal Register notice to your employer 
to explain what to do for Form I-9 and to show that your EAD has been 
automatically extended through October 4, 2021 as indicated in the 
above chart.
    The last day of the automatic extension for your EAD is October 4, 
2021. Before you start work on October 5, 2021, your employer is 
required by law to reverify your employment authorization in Section 3 
of Form I-9. At that time, you must present any document from List A or 
any document from List C on Form I-9, Lists of Acceptable Documents, or 
an acceptable List A or List C receipt described in the Form I-9 
instructions to reverify employment authorization.
    If your original Form I-9 was a previous version, your employer 
must complete Section 3 of the current version of Form I-9, and attach 
it to your previously completed Form I-9. Your employer can check the 
I-9 Central web page at www.uscis.gov/I-9Central for the most current 
version of Form I-9. Your employer may not specify which List A or List 
C document you must present and cannot reject an acceptable receipt.

Can I obtain a new EAD?

    Yes, if you remain eligible for TPS and apply for a new EAD, you 
can obtain a new EAD. However, you do not need to apply for a new EAD 
in order to benefit from this automatic extension. If you are a 
beneficiary under the TPS designations for El Salvador, Haiti, 
Nicaragua, Sudan, Honduras, or Nepal and want to obtain a new EAD valid 
through October 4, 2021, then you must file Form I-765 and pay the 
associated fee. If you do not want a new EAD, you do not have to file 
Form I-765 or pay the Form I-765 fee. If you do not want to request a 
new EAD now, you may file Form I-765 at a later date and pay the fee, 
provided that you still have TPS or a pending TPS application. You may 
file the application for a new EAD either before or after your current 
EAD has expired.
    If you are unable to pay the application fee and/or biometric 
services fee, you may complete a Request for Fee Waiver (Form I-912). 
For more information on the application forms and fees for TPS, please 
visit the USCIS TPS web page at www.uscis.gov/tps.
    If you have a Form I-821 and/or Form I-765 application that is 
still pending for beneficiaries under the TPS designations for El 
Salvador, Haiti, Honduras, Nepal, Nicaragua, or Sudan, then you should 
not file either application again. If your pending Form I-821 is 
approved, you will be issued Forms I-797 and I-94 through October 4, 
2021. Similarly, if you have a pending TPS-related Form I-765 that is 
approved, your new EAD will be valid through October 4, 2021. Your TPS 
itself continues as long as the preliminary injunction impacting your 
country's TPS designation remains in effect and in accordance with any 
relevant future Federal Register notices that DHS may issue respecting 
your country's TPS designation, or until your TPS is finally withdrawn 
for individual ineligibility under INA, section 244(c), or the 
applicable TPS designation is terminated as discussed in the ``Possible 
Future Action'' section of this Federal Register notice.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my citizenship from El Salvador, Haiti, 
Honduras, Nepal, Nicaragua, or Sudan?

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the Form I-9 Lists of Acceptable Documents that reasonably appears to 
be genuine and that relates to you, or an acceptable List A, List B, or 
List C receipt. Employers need not reverify List B identity documents. 
In addition, employers may not request documentation that does not 
appear on the Lists of Acceptable Documents. Therefore, employers may 
not request proof of citizenship or proof of re-registration for TPS 
when completing Form I-9 for new hires or reverifying the employment 
authorization of current employees. If presented with an EAD that has 
been automatically extended, employers should accept such a document as 
a valid List A document, so long as the EAD reasonably appears to be 
genuine and relates to the employee. Refer to the ``Note to Employees'' 
section of this Federal Register notice for important information about 
your rights if your employer rejects lawful documentation, requires 
additional documentation, or otherwise discriminates against you based 
on your citizenship or immigration status, or your national origin.

How do my employer and I complete Form I-9 using my automatically 
extended employment authorization for a new job?

    See the chart in the question above ``When hired, what 
documentation may I show to my employer as evidence of employment 
authorization and identity when completing Form I-9?'' to determine if 
your EAD has been automatically extended.
    For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter October 4, 
2021, as the

[[Page 79214]]

expiration date indicated in the chart; and
    b. Enter your USCIS number or A-Number where indicated (your EAD or 
other document from DHS will have your USCIS number or A-Number printed 
on it; the USCIS number is the same as your A-Number without the A 
prefix).
    For Section 2, your employer should also use the chart in the 
question above ``When hired, what documentation may I show to my 
employer as evidence of employment authorization and identity when 
completing Form I-9?'' to determine if your EAD has been automatically 
extended. If it has been automatically extended, the employer should:
    a. Write in the document title;
    b. Enter the issuing authority;
    c. Enter either the employee's A-Number or USCIS number from 
Section 1 into Section 2's Document Number field on Form I-9; and
    d. Write October 4, 2021, as the expiration date indicated in the 
chart.
    Before the start of work on October 5, 2021, employers must 
reverify the employee's employment authorization in Section 3 of Form 
I-9.

What updates should my current employer make to Form I-9 if my 
employment authorization has been automatically extended?

    If you presented a TPS-related EAD that was valid when you first 
started your job and your EAD has now been automatically extended, your 
employer may need to re-inspect your current EAD if they do not have a 
copy of the EAD on file. See the chart in the question above ``When 
hired, what documentation may I show to my employer as evidence of 
employment authorization and identity when completing Form I-9?'' to 
determine if your EAD has been automatically extended. If your employer 
determines that your EAD has been automatically extended, your employer 
should update Section 2 of your previously completed Form I-9 as 
follows:
    a. Write EAD EXT and October 4, 2021, as the last day of the 
automatic extension in the Additional Information field; and
    b. Initial and date the correction.
    Note: This is not considered a reverification. Employers do not 
need to complete Section 3 until either this notice's automatic 
extension of EADs has ended or the employee presents a new document to 
show continued employment authorization, whichever is sooner. By 
October 5, 2021, when the employee's automatically extended EAD has 
expired, employers are required by law to reverify the employee's 
employment authorization in Section 3. If your original Form I-9 was a 
previous version, your employer must complete Section 3 of the current 
version of Form I-9 and attach it to your previously completed Form I-
9. Your employer can check the I-9 Central web page at www.uscis.gov/I-9Central for the most current version of Form I-9.

If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee by 
providing the employee's A-Number or USCIS number from Form I-9 in the 
Document Number field in E-Verify.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiration'' alert for an automatically 
extended EAD?

    E-Verify has automated the verification process for TPS-related 
EADs that are automatically extended. If you have employees who 
provided a TPS-related EAD when they first started working for you, you 
will receive a ``Work Authorization Documents Expiring'' case alert 
when the auto-extension period for this EAD is about to expire. Before 
this employee starts work on October 5, 2021 as appropriate, you must 
reverify his or her employment authorization in Section 3 of Form I-9. 
Employers should not use E-Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Federal Register notice 
does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#fbb2c2b89e958f899a97bb9f9388d59c948d"><span class="__cf_email__" data-cfemail="f5bcccb6909b81879499b5919d86db929a83">[email protected]</span></a>. 
USCIS accepts calls and emails in English and many other languages. For 
questions about avoiding discrimination during the employment 
eligibility verification process (Form I-9 and E-Verify), employers may 
call the U.S. Department of Justice's Civil Rights Division, Immigrant 
and Employee Rights Section (IER) Employer Hotline at 800-255-8155 (TTY 
800-237-2515). IER offers language interpretation in numerous 
languages. Employers may also email IER at <a href="/cdn-cgi/l/email-protection#8fc6caddcffafcebe0e5a1e8e0f9"><span class="__cf_email__" data-cfemail="1b525e495b6e687f7471357c746d">[email protected]</span></a>.

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at <a href="/cdn-cgi/l/email-protection#793054403a1c170d0b1815391d110a571e160f"><span class="__cf_email__" data-cfemail="c38aeefa80a6adb7b1a2af83a7abb0eda4acb5">[email protected]</span></a>. USCIS accepts calls in English, 
Spanish, and many other languages. Employees or applicants may also 
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, including discrimination 
related to Form I-9 and E-Verify. The IER Worker Hotline provides 
language interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Form I-9 instructions. Employers may not require extra 
or additional documentation beyond what is required for Form I-9 
completion. Further, employers participating in E-Verify who receive an 
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must 
promptly inform employees of the TNC and give such employees an 
opportunity to contest the TNC. A TNC case result means that the 
information entered into E-Verify from an employee's Form I-9 differs 
from records available to DHS.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against an employee because of 
the TNC while the case is still pending with E-Verify. A ``Final 
Nonconfirmation'' (FNC) case result is received when E-Verify cannot 
verify an employee's employment eligibility. An employer may terminate 
employment based on a case result of FNC. Work-authorized employees who 
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination 
or to report an employer for discrimination in the E-Verify process 
based on citizenship, immigration status, or national origin, contact 
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Form I-9 and E-Verify 
procedures is available on the IER website at www.justice.gov/ier and 
on the USCIS and E-Verify websites at

[[Page 79215]]

www.uscis.gov/i-9-central and www.e-verify.gov.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    While Federal Government agencies must follow the guidelines laid 
out by the Federal Government, state and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each state may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, state, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary, show you are authorized to work based on TPS or other 
status, and/or that may be used by DHS to determine whether you have 
TPS or other immigration status. Examples of such documents are:
    <bullet> Your current EAD;
    <bullet> Your automatically extended EAD with a copy of this 
Federal Register notice, providing an automatic extension of your 
currently expired or expiring EAD;
    <bullet> A copy of your Form I-94 or Form I-797 that has been 
automatically extended by this notice and a copy of this notice;
    <bullet> Any other relevant DHS-issued document that indicates your 
immigration status or authorization to be in the United States, or that 
may be used by DHS to determine whether you have such status or 
authorization to remain in the United States.
    Check with the government agency regarding which document(s) the 
agency will accept. Some benefit-granting agencies use the USCIS 
Systematic Alien Verification for Entitlements Program (SAVE) program 
to confirm the current immigration status of applicants for public 
benefits. While SAVE can verify when an alien has TPS, each agency's 
procedures govern whether they will accept a particular document, such 
as an EAD or an I-94. If an agency accepts the type of TPS-related 
document you are presenting, such as an EAD or I-94, the agency should 
accept your automatically extended TPS-related document. You should:
    a. Present the agency with a copy of this Federal Register notice 
showing the extension of TPS-related documentation, in addition to your 
most recent TPS-related document with your A-Number, USCIS number or I-
94 number;
    b. Explain that SAVE will be able to verify the continuation of 
your TPS using this information; and
    c. Ask the agency to initiate a SAVE query with your information 
and follow through with additional verification steps, if necessary, to 
get a final SAVE response showing the validity of your TPS.
    You can also ask the agency to look for SAVE notices or contact 
SAVE if they have any questions about your immigration status or 
automatic extension of TPS-related documentation. In most cases, SAVE 
provides an automated electronic response to benefit-granting agencies 
within seconds, but, occasionally, verification can be delayed. You can 
check the status of your SAVE verification by using CaseCheck at 
save.uscis.gov/casecheck/. CaseCheck is a free service that lets you 
follow the progress of your SAVE verification case using your date of 
birth and one immigration identifier number (A-Number, USCIS number or 
Form I-94 number) or Verification Case Number. If an agency has denied 
your application based solely or in part on a SAVE response, the agency 
must offer you the opportunity to appeal the decision in accordance 
with the agency's procedures. If the agency has received and acted upon 
or will act upon a SAVE verification case and you do not believe the 
SAVE response is correct, find detailed information on how to make 
corrections or update your immigration record, make an appointment, or 
submit a written request to correct records under the Freedom of 
Information Act on the SAVE website at www.uscis.gov/save.

[FR Doc. 2020-27154 Filed 12-7-20; 1:30 pm]
BILLING CODE 9111-97-P


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