56864 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 

58Because the suspension of requirements under 

this notice applies throughout an academic term 

during which the suspension is in effect, DHS 

considers an F–1 nonimmigrant student who 

engages in a reduced course load or employment (or 

both) after this notice is effective to be engaging in 

a ‘‘full course of study,’’ see 8 CFR 214.2(f)(6), and 

eligible for employment authorization, through the 

end of any academic term for which such student 

is matriculated as of April 19, 2025, provided the 

student satisfies the minimum course load 

requirements in this notice. 

load before publication of this notice, 

and therefore fell out of student status. 

These students must satisfy the criteria 

set forth in the F–1 nonimmigrant 

student status reinstatement regulations. 

How long will this notice remain in 

effect? 

This notice grants temporary relief 

until April 19, 2025,58 to eligible F–1 

nonimmigrant students. DHS will 

continue to monitor the situation in 

Sudan. Should the special provisions 

authorized by this notice need 

modification or extension, DHS will 

announce such changes in the Federal 

Register. 

Paperwork Reduction Act (PRA) 

An F–1 nonimmigrant student seeking 

off-campus employment authorization 

due to severe economic hardship 

resulting from the current crisis in 

Sudan must demonstrate to the DSO 

that this employment is necessary to 

avoid severe economic hardship. A DSO 

who agrees that a nonimmigrant student 

should receive such employment 

authorization must recommend an 

application approval to USCIS by 

entering information in the remarks 

field of the student’s SEVIS record. The 

authority to collect this information is 

in the SEVIS collection of information 

currently approved by the Office of 

Management and Budget (OMB) under 

OMB Control Number 1653–0038. 

This notice also allows an eligible F– 

1 nonimmigrant student to request 

employment authorization, work an 

increased number of hours while the 

academic institution is in session, and 

reduce their course load while 

continuing to maintain F–1 

nonimmigrant student status. 

To apply for employment 

authorization, certain F–1 

nonimmigrant students must complete 

and submit a currently approved Form 

I–765 according to the instructions on 

the form. OMB has previously approved 

the collection of information contained 

on the current Form I–765 under OMB 

Control Number 1615–0040. Although 

there will be a slight increase in the 

number of Form I–765 filings because of 

this notice, the number of filings 

currently contained in the OMB annual 

inventory for Form I–765 is sufficient to 

cover the additional filings. 

Accordingly, there is no further action 

required under the PRA. 

Alejandro Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2023–17871 Filed 8–18–23; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2746–23; DHS Docket No. USCIS– 

2014–0003] 

RIN 1615–ZB92 

Extension and Redesignation of Sudan 

for Temporary Protected Status 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS). 

ACTION: Notice of Temporary Protected 

Status (TPS) extension and 

redesignation. 

SUMMARY: Through this notice, the 

Department of Homeland Security 

(DHS) announces that the Secretary of 

Homeland Security (Secretary) is 

extending the designation of Sudan for 

Temporary Protected Status (TPS) for 18 

months, beginning on October 20, 2023, 

and ending on April 19, 2025. This 

extension allows existing TPS 

beneficiaries to retain TPS through 

April 19, 2025, so long as they 

otherwise continue to meet the 

eligibility requirements for TPS. 

Existing TPS beneficiaries who wish to 

extend their status through April 19, 

2025, must re-register during the 60-day 

re-registration period described in this 

notice. The Secretary is also 

redesignating Sudan for TPS. The 

redesignation of Sudan allows 

additional Sudanese nationals (and 

individuals having no nationality who 

last habitually resided in Sudan) who 

have been continuously residing in the 

United States since August 16, 2023 to 

apply for TPS for the first time during 

the initial registration period described 

under the redesignation information in 

this notice. In addition to demonstrating 

continuous residence in the United 

States since August 16, 2023 and 

meeting other eligibility criteria, initial 

applicants for TPS under this 

designation must demonstrate that they 

have been continuously physically 

present in the United States since 

October 20, 2023, the effective date of 

this redesignation of Sudan for TPS. 

DATES: 

Extension of Designation of Sudan for 

TPS: The 18-month designation of 

Sudan for TPS begins on October 20, 

2023, and will remain in effect for 18 

months, ending on April 19, 2025. The 

extension impacts existing beneficiaries 

of TPS. 

Re-registration: The 60-day reregistration period for existing 

beneficiaries runs from August 21, 2023 

through October 20, 2023. (Note: It is 

important for re-registrants to timely reregister during the registration period 

and not to wait until their Employment 

Authorization Documents (EADs) 

expire, as delaying reregistration could 

result in gaps in their employment 

authorization documentation.) 

Redesignation of Sudan for TPS: The 

18-month redesignation of Sudan for 

TPS begins on October 20, 2023, and 

will remain in effect for 18 months, 

ending on April 19, 2025. The 

redesignation impacts potential firsttime applicants and others who do not 

currently have TPS. 

First-time Registration: The initial 

registration period for new applicants 

under the Sudan TPS redesignation 

begins on August 21, 2023 and will 

remain in effect through April 19, 2025. 

FOR FURTHER INFORMATION CONTACT: 

• You may contact Rena ́ CutlipMason, Chief, Humanitarian Affairs 

Division, Office of Policy and Strategy, 

U.S. Citizenship and Immigration 

Services, Department of Homeland 

Security, by mail at 5900 Capital 

Gateway Drive, Camp Springs, MD 

20746, or by phone at 800–375–5283. 

• For further information on TPS, 

including guidance on the registration 

process and additional information on 

eligibility, please visit the USCIS TPS 

web page at https://www.uscis.gov/tps. 

You can find specific information about 

Sudan’s TPS designation by selecting 

‘‘Sudan’’ from the menu on the left side 

of the TPS web page. 

• If you have additional questions 

about TPS, please visit uscis.gov/tools. 

Our online virtual assistant, Emma, can 

answer many of your questions and 

point you to additional information on 

our website. If you are unable to find 

your answers there, you may also call 

our USCIS Contact Center at 800–375– 

5283 (TTY 800–767–1833). 

• Applicants seeking information 

about the status of their individual cases 

may check Case Status Online, available 

on the USCIS website at uscis.gov, or 

visit the USCIS Contact Center at 

https://www.uscis.gov/contactcenter. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 56865 

1The ‘‘continuous physical presence date’’ (CPP) 

is the effective date of the most recent TPS 

designation of the country, which is either the 

publication date of the designation announcement 

in the Federal Register or such later date as the 

Secretary may establish. The ‘‘continuous residence 

date’’ (CR) is any date established by the Secretary 

when a country is designated (or sometimes 

redesignated) for TPS. See INA secs. 244(b)(2)(A) 

(effective date of designation); 244(c)(1)(A)(i–ii) (CR 

and CPP date requirements); 8 U.S.C. 

1254a(b)(2)(A); 1254a(c)(1)(A)(i–ii). 

2 Designation of Sudan Under Temporary 

Protected Status, 62 FR 59737 (Nov. 4, 1997). 

3Termination of the Designation of Sudan for 

Temporary Protected Status, 82 FR 47228 (Oct. 11, 

2017). 

4On June 29, 2023, the Ninth Circuit granted the 

Secretary’s motion for voluntary dismissal of the 

appeal of the injunction. See Ramos v. Wolf, 2023 

WL 4363667 (June 29, 2023) (No. 18–16981). The 

Continued 

• Further information will also be 

available at local USCIS offices upon 

publication of this notice. 

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations 

BIA—Board of Immigration Appeals 

CFR—Code of Federal Regulations 

DHS—U.S. Department of Homeland 

Security 

DOS—U.S. Department of State 

EAD—Employment Authorization Document 

FNC—Final Nonconfirmation 

Form I–131—Application for Travel 

Document 

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 

FR—Federal Register 

Government—U.S. Government 

IER—U.S. Department of Justice, Civil Rights 

Division, Immigrant and Employee Rights 

Section 

IJ—Immigration Judge 

INA—Immigration and Nationality Act 

SAVE—USCIS Systematic Alien Verification 

for Entitlements Program 

Secretary—Secretary of Homeland Security 

TPS—Temporary Protected Status 

TTY—Text Telephone 

USCIS—U.S. Citizenship and Immigration 

Services 

U.S.C.—United States Code 

Purpose of This Action (TPS) 

Through this notice, DHS sets forth 

procedures necessary for nationals of 

Sudan (or individuals having no 

nationality who last habitually resided 

in Sudan) to (1) re-register for TPS and 

to apply for renewal of their EADs with 

USCIS or (2) submit an initial 

registration application under the 

redesignation and apply for an EAD. 

Re-registration is limited to 

individuals who have previously 

registered for TPS under the prior 

designation of Sudan and whose 

applications have been granted. Failure 

to re-register properly within the 60-day 

re-registration period may result in the 

withdrawal of your TPS following 

appropriate procedures. See 8 CFR 

244.14. 

For individuals who have already 

been granted TPS under Sudan’s 

designation, the 60-day re-registration 

period runs from August 21, 2023 

through October 20, 2023. USCIS will 

issue new EADs with an April 19, 2025, 

expiration date to eligible Sudanese TPS 

beneficiaries who timely re-register and 

apply for EADs. Given the time frames 

involved with processing TPS reregistration applications, DHS 

recognizes that not all re-registrants may 

receive new EADs before their current 

EADs expire. Accordingly, through this 

Federal Register notice, DHS 

automatically extends the validity of 

certain EADs previously issued under 

the TPS designation of Sudan through 

October 19, 2024. Therefore, as proof of 

continued employment authorization 

through October 19, 2024, TPS 

beneficiaries can show their EADs that 

have the notation A–12 or C–19 under 

Category and a ‘‘Card Expires’’ date of 

October 19, 2023. This notice explains 

how TPS beneficiaries and their 

employers may determine which EADs 

are automatically extended and how 

this affects the Form I–9, Employment 

Eligibility Verification, E-Verify, and 

USCIS Systematic Alien Verification for 

Entitlements (SAVE) processes. 

Individuals who have a Sudan TPS 

application (Form I–821) and/or 

Application for Employment 

Authorization (Form I–765) that was 

still pending as of August 21, 2023 do 

not need to file either application again. 

If USCIS approves an individual’s 

pending Form I–821, USCIS will grant 

the individual TPS through April 19, 

2025. Similarly, if USCIS approves a 

pending TPS-related Form I–765, USCIS 

will issue the individual a new EAD 

that will be valid through the same date. 

There are currently approximately 1,200 

beneficiaries under Sudan’s TPS 

designation. 

Under the redesignation, individuals 

who currently do not have TPS may 

submit an initial application during the 

initial registration period that runs from 

August 21, 2023 and runs through the 

full length of the redesignation period 

ending April 19, 2025. In addition to 

demonstrating continuous residence in 

the United States since August 16, 2023 

and meeting other eligibility criteria, 

initial applicants for TPS under this 

redesignation must demonstrate that 

they have been continuously physically 

present in the United States since 

October 20, 2023,1 the effective date of 

this redesignation of Sudan, before 

USCIS may grant them TPS. DHS 

estimates that approximately 2,750 

individuals may become newly eligible 

for TPS under the redesignation of 

Sudan. 

What is Temporary Protected Status 

(TPS)? 

• TPS is a temporary immigration 

status granted to eligible nationals of a 

foreign state designated for TPS under 

the INA, or to eligible individuals 

without nationality who last habitually 

resided in the designated foreign state, 

regardless of their country of birth. 

• During the TPS designation period, 

TPS beneficiaries are eligible to remain 

in the United States, may not be 

removed, and are authorized to obtain 

EADs so long as they continue to meet 

the requirements of TPS. 

• TPS beneficiaries may also apply 

for and be granted travel authorization 

as a matter of DHS discretion. 

• To qualify for TPS, beneficiaries 

must meet the eligibility standards at 

INA section 244(c)(1)–(2), 8 U.S.C. 

1254a(c)(1)–(2). 

• When the Secretary terminates a 

foreign state’s TPS designation, 

beneficiaries return to one of the 

following: 

Æ The same immigration status or 

category that they maintained before 

TPS, if any (unless that status or 

category has since expired or 

terminated); or 

Æ Any other lawfully obtained 

immigration status or category they 

received while registered for TPS, as 

long as it is still valid beyond the date 

TPS terminates. 

When was Sudan designated for TPS? 

Sudan was initially designated for 

TPS on November 4, 1997, on the dual 

bases of ongoing armed conflict and 

extraordinary and temporary conditions 

in Sudan that prevented nationals of 

Sudan from safely returning.2 Sudan’s 

designation was extended and/or it was 

redesignated numerous times from its 

initial designation in 1997 until former 

Acting Secretary of Homeland Security 

Elaine Duke provided notice in the 

Federal Register on October 11, 2017, 

that she was terminating Sudan’s TPS 

designation, effective November 2, 

2018.3

The termination of Sudan’s TPS 

designation has been challenged in 

several lawsuits, and court orders 

require DHS to continue TPS for Sudan 

temporarily pending further court 

order.4 In April 2022, Secretary 


ddrumheller on DSK120RN23PROD with NOTICES1
56866 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 

Department of Homeland Security (DHS) is 

continuing its compliance with the preliminary 

injunction order of the U.S. District Court for the 

Northern District of California in Ramos v. Nielsen, 

No. 18–cv–01554 (N.D. Cal. Oct. 3, 2018). 

5 Designation of Sudan for Temporary Protected 

Status, 87 FR 23202 (Apr. 19, 2022). 

6 INA section 244(b)(1) ascribes this power to the 

Attorney General. Congress transferred this 

authority from the Attorney General to the Secretary 

of Homeland Security. See Homeland Security Act 

of 2002, Public Law 107–296, 116 Stat. 2135 (2002). 

The Secretary may designate a country (or part of 

a country) for TPS on the basis of ongoing armed 

conflict such that returning would pose a serious 

threat to the personal safety of the country’s 

nationals and habitual residents, environmental 

disaster (including an epidemic), or extraordinary 

and temporary conditions in the country that 

prevent the safe return of the country’s nationals. 

For environmental disaster-based designations, 

certain other statutory requirements must be met, 

including that the foreign government must request 

TPS. A designation based on extraordinary and 

temporary conditions cannot be made if the 

Secretary finds that allowing the country’s nationals 

to remain temporarily in the United States is 

contrary to the U.S. national interest. INA sec. 

244(b)(1); 8 U.S.C. 1254a(b)(1). 

7The extension and redesignation of TPS for 

Sudan 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., 

Extension and Redesignation of Haiti for 

Temporary Protected Status, 76 FR 29000 (May 19, 

2011); Extension and Redesignation of Temporary 

Protected Status for Sudan, 69 FR 60168 (Oct. 7, 

2004); Extension of Designation and Redesignation 

of Liberia Under Temporary Protected Status 

Program, 62 FR 16608 (Apr. 7, 1997). 

8Rapid Support Forces (RSF) is a paramilitary 

force established in 2013 by former President alBashir. It was ‘‘fashioned out of Janjaweed militias 

and was assembled in response to anti-government 

rebel movements in Darfur.’’ It has also been 

accused of ‘‘a myriad of human rights abuses in 

Darfur and elsewhere.’’ The Rapid Support Forces 

and the Escalation of Violence in Sudan, ACLED, 

July 2, 2019, acleddata.com/2019/07/02/the-rapidsupport-forces-and-the-escalation-of-violence-insudan/ (last visited May 10, 2023). ‘‘In January 

2015, the Rapid Support Forces, which had been 

operating under the command of the National 

Intelligence Security Services, became part of the 

regular government forces through a constitutional 

amendment. In April 2015, the RSF were placed 

under the command of the Presidency. In January 

2017, the Parliament passed the Rapid Support 

Forces Act, integrating those forces into the Sudan 

Armed Forces.’’ Report of the Secretary—General 

on children and armed conflict in Sudan, UN 

Security Council, March 6, 2017, pg. 3, https://

reliefweb.int/report/sudan/report-secretary-generalchildren-and-armed-conflict-sudan-s2017191-enar 

(last visited July 24, 2023). 

9Aidan Lewis, What is happening in Sudan? 

Fighting in Khartoum explained, updated July 13, 

2023, https://www.reuters.com/world/africa/whatsbehind-sudans-crisis-2023-04-17/ (last visited July 

24, 2023); Dozens of civilians are dead as rival 

military factions batter for control of Sudan, 

National Public Radio, April 17, 2023, https://

www.npr.org/2023/04/16/1170289462/sudansMayorkas newly designated Sudan on 

the basis of extraordinary and temporary 

conditions effective April 19, 2022, 

through October 19, 2023.5

What authority does the Secretary have 

to extend the designation of Sudan for 

TPS? 

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

1254a(b)(1), authorizes the Secretary, 

after consultation with appropriate 

agencies of the U.S. Government, to 

designate a foreign state (or part thereof) 

for TPS if the Secretary determines that 

certain country conditions exist.6 The 

decision to designate any foreign state 

(or part thereof) is a discretionary 

decision, and there is no judicial review 

of any determination with respect to the 

designation, termination, or extension of 

a designation. See INA section 

244(b)(5)(A); 8 U.S.C. 1254a(b)(5)(A). 

The Secretary, in his or her discretion, 

may then grant TPS to eligible nationals 

of that foreign state (or individuals 

having no nationality who last 

habitually resided in the designated 

foreign state). See INA section 

244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A). 

At least 60 days before the expiration 

of a foreign state’s TPS designation or 

extension, the Secretary, after 

consultation with appropriate U.S. 

Government agencies, must review the 

conditions in the foreign state 

designated for TPS to determine 

whether they continue to meet the 

conditions for the TPS designation. See 

INA section 244(b)(3)(A), 8 U.S.C. 

1254a(b)(3)(A). If the Secretary 

determines that the foreign state 

continues to meet the conditions for 

TPS designation, the designation will be 

extended for an additional period of 6 

months or, in the Secretary’s discretion, 

12 or 18 months. See INA section 

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

1254a(b)(3)(A), (C). If the Secretary 

determines that the foreign state no 

longer meets the conditions for TPS 

designation, the Secretary must 

terminate the designation. See INA 

section 244(b)(3)(B), 8 U.S.C. 

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

What is the Secretary’s authority to 

redesignate Sudan for TPS? 

In addition to extending an existing 

TPS designation, the Secretary, after 

consultation with appropriate 

Government agencies, may redesignate a 

country (or part thereof) for TPS. See 

INA section 244(b)(1), 8 U.S.C. 

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

244(c)(1)(A)(i), 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).7

When the Secretary designates or 

redesignates a country for TPS, the 

Secretary 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 INA section 

244(c)(1)(A)(ii), 8 U.S.C. 

1254a(c)(1)(A)(ii). The Secretary has 

determined that the ‘‘continuous 

residence’’ date for applicants for TPS 

under the redesignation of Sudan shall 

be August 16, 2023. Initial applicants 

for TPS under this redesignation must 

also show they have been ‘‘continuously 

physically present’’ in the United States 

since October 20, 2023, which is the 

effective date of the Secretary’s 

redesignation, of Sudan. See INA 

section 244(c)(1)(A)(i), 8 U.S.C. 

1254a(c)(1)(A)(i). For each initial TPS 

application filed under the 

redesignation, the final determination of 

whether the applicant has met the 

‘‘continuous physical presence’’ 

requirement cannot be made until 

October 20, 2023, the effective date of 

this redesignation for Sudan. 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 Sudan and 

simultaneously redesignating Sudan for 

TPS through April 19, 2025? 

DHS has reviewed country conditions 

in Sudan. Based on the review, 

including input received from DOS and 

other U.S. Government agencies, the 

Secretary has determined that an 18- 

month TPS extension is warranted 

because extraordinary and temporary 

conditions supporting Sudan’s TPS 

designation remain. The Secretary has 

further determined that redesignating 

Sudan for TPS under INA section 

244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) 

and INA section 244(b)(1)(C), 8 U.S.C. 

1254a(b)(3)(C) due to the ongoing armed 

conflict and continuing extraordinary 

and temporary conditions is warranted. 

The Secretary is accordingly updating 

the ‘‘continuous residence’’ and 

‘‘continuous physical presence’’ dates 

that applicants must meet to be eligible 

for TPS. 

Overview 

Sudan is enduring an ongoing armed 

conflict and a humanitarian crisis in 

which millions of individuals are 

exposed to violence, illness, and forced 

displacement. On April 15, 2023, 

violent armed conflict between the 

Sudanese Armed Forces (SAF) and the 

Rapid Support Forces (RSF) 8 erupted in 

Sudan killing hundreds of people, 

driving more than 700,000 persons to 

flee to other countries.9


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 56867 

army-and-rsf-are-doing-battle-leaving-56-civiliansdead (last visited April 17, 2023). 

10Susan Stigant; Elizabeth Murray, After Bashir, 

A New Dawn in Sudan? U.S. Institute of Peace, 

April 17, 2019, https://www.usip.org/publications/

2019/04/after-bashir-new-dawn-sudan-part-1 (last 

visited April 17, 2023). 

11Susan Stigant; Elizabeth Murray, After Bashir, 

A New Dawn in Sudan? U.S. Institute of Peace, 

April 17, 2019, https://www.usip.org/publications/

2019/04/after-bashir-new-dawn-sudan-part-1 (last 

visited April 17, 2023). 

12 2022 Country Reports on Human Rights 

Practices: Sudan, U.S. Department of State, March 

20, 2023, pg. 1, https://www.state.gov/reports/2022- 

country-reports-on-human-rights-practices/sudan/ 

(last visited July 24, 2023). 

13See 2022 Country Reports on Human Rights 

Practices: Sudan, U.S. Department of State, March 

20, 2023, https://www.state.gov/reports/2022- 

country-reports-on-human-rights-practices/sudan/ 

(last visited July 24, 2023); see also Sudan 

strongman is seen as an insider with powerful 

allies, AP News, October 27, 2021, https://

apnews.com/article/sudan-who-is-abdel-fattahburhan-3f2d4d660fabf1b526f09f04808af7c8 (last 

visited April 17, 2023); see also 2019 Country 

Reports on Human Rights Practices: Sudan, U.S. 

Department of State, March 30, 2020, pg. 2, https:// 

www.state.gov/reports/2019-country-reports-onhuman-rights-practices/sudan/ (last visited April 

17, 2023); see also Appetite for Destruction: The 

Military Counterrevolution in Sudan, ACLED, 

October 29, 2021, https://www.state.gov/reports/ 

2019-country-reports-on-human-rights-practices/

sudan/ (last visited April 7, 2023); see also Watch 

List 2022; Sudan: Toward a Reset for the Transition, 

International Crisis Group, January 27, 2022, 

https://www.ecoi.net/en/document/2069005.html 

(last visited March 29, 2023). 

14Letter dated 7 February 2023 from the Panel of 

Experts on the Sudan addressed to the President of 

the Security Council; Final report of the Panel of 

Experts on the Sudan, UN Security Council, 

February 7, 2023, pg. 8, available at https://

www.ecoi.net/en/file/local/2087153/N2303752.pdf 

(last visited March 29, 2023). 

15Human Rights Watch, Sudan: Explosive 

Weapons Harming Civilians, May 4, 2023, https:// 

www.hrw.org/news/2023/05/04/sudan-explosiveweapons-harming-civilians (last visited May 10, 

2023). 

16Human Rights Watch, Sudan: Explosive 

Weapons Harming Civilians, May 4, 2023, https:// 

www.hrw.org/news/2023/05/04/sudan-explosiveweapons-harming-civilians (last visited May 10, 

2023). 

17Assistant Secretary-General for Humanitarian 

Affairs and Deputy Emergency Relief Coordinator 

Ms. Joyce Msuya: Briefing to the Security Council 

on the Humanitarian Situation in Sudan, UNOCHA, 

April 25, 2023, https://reliefweb.int/report/sudan/

assistant-secretary-general-humanitarian-affairsand-deputy-emergency-relief-coordinator-ms-joycemsuya-briefing-security-council-humanitariansituation-sudan-new-york-25-april-2023 (last visited 

April 26, 2023). 

18Assistant Secretary-General for Humanitarian 

Affairs and Deputy Emergency Relief Coordinator 

Ms. Joyce Msuya: Briefing to the Security Council 

on the Humanitarian Situation in Sudan, UNOCHA, 

April 25, 2023, https://reliefweb.int/report/sudan/

assistant-secretary-general-humanitarian-affairsand-deputy-emergency-relief-coordinator-ms-joycemsuya-briefing-security-council-humanitariansituation-sudan-new-york-25-april-2023 (last visited 

April 26, 2023). 

19Abdi Latif Dahir, Violence in Sudan Cuts 

Through Shaky U.S.-Brokered Cease-Fire, The New 

York Times, April 25, 2023, https://

www.nytimes.com/2023/04/25/world/africa/sudanfighting-cease-fire.html (last visited April 26, 2023). 

20Reuters, Factbox: Sudan’s Bashir and allies out 

of jail, fighting flares, April 26, 2023, https://

www.reuters.com/world/africa/sudans-bashirwhereabouts-unknown-after-associates-prisonescape-2023-04-26 (last visited April 27, 2023). 

21 VOA Africa, Al-Bashir Crew Breakout Bodes Ill 

for Sudan, Voice of America, April 26, 2023, 

https://www.voaafrica.com/a/al-bashir-crewbreakout-bodes-ill-for-sudan/7066645.html (last 

visited April 26, 2023). 

22Reuters, Factbox: Countries rush to evacuate 

foreign citizens from Sudan, April 25, 2023, https:// 

www.reuters.com/world/africa/countries-scrambleevacuate-foreign-citizens-sudan-2023-04-25 (last 

visited April 26, 2023). 

23U.S. Dep’t of State, Press Statement, Evacuation 

Efforts of U.S. Citizens From Sudan, April 29, 2023, 

https://www.state.gov/evacuation-efforts-of-u-scitizens-from-sudan/. 

24U.S. Dep’t of State, Sudan Travel Advisory, 

April 22, 2023, https://travel.state.gov/content/

travel/en/traveladvisories/traveladvisories/sudantravel-advisory.html. 

25UN News, Background to a crisis: In Sudan, the 

stakes are high for the whole of Africa, Apr. 28, 

2023, https://news.un.org/en/story/2023/04/

1136187?gclid=CjwKCAjwge2iBhBBEiw

AfXDBR2pyoM7HB8ImtmbdANXbBou4gGe

MYaruPqrxoL9aal25EC8sI52TpRoCnwwQAvD_BwE 

(last visited May 10, 2023). 

26UN News, Background to a crisis: In Sudan, the 

stakes are high for the whole of Africa, April 28, 

2023, https://news.un.org/en/story/2023/04/

1136187?gclid=CjwKCAjwge2iBhBBEiw

AfXDBR2pyoM7HB8ImtmbdANXbBou4gGeMY

aruPqrxoL9aal25EC8sI52TpRoCnwwQAvD_BwE 

(last visited May 10, 2023). 

27Situation in Sudan and the activities of the 

UNITAMS, UN Security Council, September 2, 

2022, pg. 15, https://www.ecoi.net/en/file/local/

2078615/N2258000-1.pdf (last visited July 24, 

2023). 

28Sudan Annual Report 2022: Country Strategic 

Plan 2019–2023, World Food Programme, Pg. 3, 

Continued 

This recent armed conflict stems from 

events occurring in April 2019 when, 

after 30 years in power, Sudan’s thenPresident Omar al-Bashir was removed 

from office.10 In August 2019, a 

transitional government 11 comprised of 

military and civilian members was 

established in Sudan, that was 

eventually dissolved in October 2021.12

Since that time, Sudan has continued to 

face political instability and power 

struggles.13 In February 2023, the 

United Nations (UN) Panel of Experts on 

the Sudan reported that Sudan 

continued to face a ‘‘political crisis at 

the national level, with regular 

demonstrations against the rule of the 

military.’’ 14

Recent Armed Conflict 

The armed conflict that erupted on 

April 15, 2023, started in the capital, 

Khartoum, but has spread across 

Sudan.15 Fighting between the SAF and 

the RSF has included the use of tanks, 

artillery, rockets, and, in the case of the 

SAF, air-delivered munitions, which 

has resulted to harm to civilians in 

Khartoum and elsewhere.16 The UN 

Assistant Secretary for Humanitarian 

Affairs reported that the humanitarian 

crisis in Sudan was ‘‘quickly turning 

into a catastrophe.’’ 17 As of April 25, 

2023, more than 450 people had been 

killed, more than 4,000 had been 

injured, at least 20 hospitals had been 

forced to close due to damage, military 

use, or lack of resources, power cuts and 

fuel shortages risked damaging vaccine 

stocks and water supplies, a precursor 

for the spread of disease, and there had 

been numerous reports of gender-based 

violence, including sexual violence.18

Additionally, reports indicate that the 

most recent fighting has resulted in tens 

of thousands of people fleeing from 

their homes, for neighboring cities and 

countries, including Chad, Egypt, and 

South Sudan.19 Insecurity and 

criminality in Sudan is on the rise, and 

reports indicate that thousands of 

inmates were freed outright from 

prison.20 This has resulted in a growing 

sense of lawlessness in the capital of 

Khartoum, and residents have reported 

widespread looting and gangs roaming 

the streets.21

Due to the outbreak of fighting, 

foreign governments evacuated 

thousands of diplomats and private 

citizens.22 The U.S. government assisted 

U.S. citizens, locally employed staff, 

and nationals from allied and partner 

countries to evacuate Sudan and has 

taken extensive efforts to contact U.S. 

citizens in Sudan and enable the 

departure of those who wished to 

leave.23 Additionally, the U.S. 

government has issued a ‘‘Level 4: Do 

Not Travel’’ advisory for Sudan due to 

armed conflict, civil unrest, crime, 

terrorism, and kidnapping.24

Humanitarian Concerns 

‘‘Even before the current fighting 

began, humanitarian needs across 

Sudan had reached record levels, with 

15.8 million people—about a third of 

the total population—requiring 

humanitarian assistance this year 

[2023].25 The latest violence has led to 

acute shortages of food, water, 

medicines and fuel, while the price of 

essential items, including transport, 

have skyrocketed.’’ 26 The United 

Nations Integrated Transition Assistance 

Mission in Sudan (UNITAMS) reported 

in September 2022 that ‘‘[h]umanitarian 

needs have grown exponentially in the 

Sudan because of conflict, the political 

and economic crisis, increased 

insecurity and localized violence, and 

protracted internal displacement still 

lacking durable solutions, coupled with 

dry spells, floods and disease 

outbreaks.’’ 27 Additionally, according 

to the World Food Program (WFP), over 

15 million people were food insecure in 

2022.28 In September 2022, the UN 


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https://reliefweb.int/report/sudan/sudan-annualcountry-report-2022-country-strategic-plan-2019- 

2023 (last visited March 23, 2023). 

29Situation in Sudan and the activities of the 

UNITAMS, UN Security Council, September 2, 

2022, pg. 7 https://www.ecoi.net/en/file/local/

2078615/N2258000-1.pdf (last visited March 29, 

2023). 

30Humanitarian Needs Overview Sudan 2023, 

UNOCHA, November 2, 2022, pg. 27, https://

reliefweb.int/report/sudan/sudan-humanitarianneeds-overview-2023-november-2022 (last visited 

April 7, 2023). 

31Sudan: Humanitarian Key Messages (February 

2023), UNOCHA, February 26, 2023, https://

reliefweb.int/report/sudan/sudan-humanitariankey-messages-february-2023 (last visited April 11, 

2023). 

32Humanitarian Needs Overview Sudan 2023, 

UNOCHA, November 2, 2022, pg. 20, https://

reliefweb.int/report/sudan/sudan-humanitarianneeds-overview-2023-november-2022 (last visited 

April 7, 2023). 

33Humanitarian Needs Overview Sudan 2023, 

UNOCHA, November 2, 2022, pg. 22, https://

reliefweb.int/report/sudan/sudan-humanitarianneeds-overview-2023-november-2022 (last visited 

April 7, 2023). 

34 International Organization for Migration (IOM), 

DTM Sudan—Situation Report (16), Aug 8, 2023, 

https://dtm.iom.int/reports/dtm-sudan-situationreport-16 (last visited Aug. 9, 2023). 

35Humanitarian Needs Overview Sudan 2023, 

UNOCHA, November 2, 2022, Pg. 31, https://

reliefweb.int/report/sudan/sudan-humanitarianneeds-overview-2023-november-2022 (last visited 

April 7, 2023). 

36Humanitarian Needs Overview Sudan 2023, 

UNOCHA, November 2, 2022, Pg. 31, https://

reliefweb.int/report/sudan/sudan-humanitarianneeds-overview-2023-november-2022 (last visited 

April 7, 2023). 

reported that ‘‘[a]lmost one quarter of 

the population is estimated to be facing 

acute hunger during the lean season 

from June to September.’’ 29 In addition, 

flooding and dry spells in successive 

years have affected property, 

infrastructure, and crops, resulting in 

forced displacement and livestock 

losses.30 Flash floods have also led to 

contamination of water supplies and 

increased cases of diarrhea and 

cholera.31 Sudan’s health system 

remains exceptionally fragile and faces 

difficulties over inadequate supplies of 

medicines and medical items.32

According to the United Nations Office 

for the Coordination of Humanitarian 

Affairs (UNOCHA), the current level of 

health personnel staffing (doctors, 

nurses, and midwives) can only cater to 

17 percent of Sudan’s population.33

Prior to the recent conflict, there were 

3.8 million internally displaced persons 

(IDPs) in Sudan, and this figure has 

increased since the conflict began in 

April 2023.34 Living conditions for IDPs 

remain dire, as ‘‘IDPs and [vulnerable] 

residents were displaced multiple times; 

they were traumatized, physically 

abused, injured; or lost family members, 

personal belongings, shelters, villages 

and access to land, water points and 

firewood collection.’’ 35 UNOCHA 

reported in November 2022 that the 

majority of IDPs continue to reside in 

temporary sites, and are unable to return 

to their homes or previous displacement 

sites due to security concerns.36

Based upon this review and after 

consultation with appropriate U.S. 

Government agencies, the Secretary has 

determined that: 

• The conditions supporting Sudan’s 

designation for TPS continue to be met. 

See INA sec. 244(b)(3)(A) and (C), 8 

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

• There continue to be extraordinary 

and temporary conditions in Sudan that 

prevent Sudanese nationals (or 

individuals having no nationality who 

last habitually resided in Sudan) from 

returning to Sudan in safety, and it is 

not contrary to the national interest of 

the United States to permit Sudanese 

TPS beneficiaries to remain in the 

United States temporarily. See INA sec. 

244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). 

• There is an ongoing armed conflict 

in Sudan and, due to such conflict, 

requiring the return to Sudan of 

Sudanese nationals (or individuals 

having no nationality who last 

habitually resided in Sudan) would 

pose a serious threat to their personal 

safety. See INA sec. 244(b)(1)(A), 8 

U.S.C. 1254a(b)(1)(A). 

• The designation of Sudan for TPS 

should be extended for an 18-month 

period, beginning on October 20, 2023, 

and ending on April 19, 2025. See INA 

sec. 244(b)(3)(C), 8 U.S.C. 

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

• Due to the conditions described 

above, Sudan should be simultaneously 

extended and redesignated for TPS 

beginning on October 20, 2023, and 

ending on April 19, 2025. See INA sec. 

244(b)(1)(A) and (C) and (b)(2), 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 August 16, 2023. 

• Initial TPS applicants under the 

redesignation must demonstrate that 

they have been continuously physically 

present in the United States since 

October 20, 2023, the effective date of 

the redesignation of Sudan for TPS. 

• There are approximately 1,200 

current Sudan TPS beneficiaries who 

are eligible to re-register for TPS under 

the extension. 

• It is estimated that approximately 

2,750 additional individuals may be 

eligible for TPS under the redesignation 

of Sudan. This population includes 

Sudanese nationals in the United States 

in nonimmigrant status or without 

immigration status. 

Notice of the Designation of Sudan for 

TPS 

By the authority vested in me as 

Secretary under INA section 244, 8 

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

consultation with the appropriate U.S. 

Government agencies, the statutory 

conditions supporting Sudan’s 

designation for TPS on the dual bases of 

ongoing armed conflict and 

extraordinary and temporary conditions 

are met and it is not contrary to the 

national interest of the United States to 

permit Sudanese TPS beneficiaries to 

remain in the United States temporarily. 

See INA sec. 244(b)(1)(A) and (C), 8 

U.S.C. 1254a(b)(1)(A) and (C). On the 

basis of this determination, I am 

simultaneously extending the existing 

designation of Sudan for TPS for 18 

months, beginning on October 20, 2023, 

and ending on April 19, 2025, and 

redesignating Sudan for TPS for the 

same 18-month period. See INA sec. 

244(b)(1)(A) and (C) and (b)(2); 8 U.S.C. 

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

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

Eligibility and Employment 

Authorization for TPS 

Required Application Forms and 

Application Fees To Register or ReRegister for TPS 

To register for TPS based on the 

designation of Sudan, you must submit 

a Form I–821, Application for 

Temporary Protected Status, and pay 

the filing fee (or request a fee waiver, 

which you may submit on Form I–912, 

Request for Fee Waiver). You may be 

required to pay the biometric services 

fee. If you can demonstrate an inability 

to pay the biometric services fee, you 

may request to have the fee waived. 

Please see additional information under 

the ‘‘Biometric Services Fee’’ section of 

this notice. 

TPS beneficiaries are eligible for an 

Employment Authorization Document 

(EAD), which proves their authorization 

to work in the United States. You are 

not required to submit Form I–765, 

Application for Employment 

Authorization, or have an EAD to be 

granted TPS, but see below for more 

information if you want an EAD to use 

as proof that you can work in the United 

States. 

Individuals who have a Sudan TPS 

application (Form I–821) that was still 

pending as of August 21, 2023 do not 

need to file the application again. If 

USCIS approves an individual’s Form I– 


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37Find information about online filing at ‘‘Forms 

Available to File Online,’’ https://www.uscis.gov/ 

file-online/forms-available-to-file-online. 38https://myaccount.uscis.gov/users/sign_up. 

821, USCIS will grant the individual 

TPS through April 19, 2025. 

For more information on the 

application forms and fees for TPS, 

please visit the USCIS TPS web page at 

https://www.uscis.gov/tps. Fees for the 

Form I–821, the Form I–765, and 

biometric services are also described in 

8 CFR 103.7(b)(1) (Oct. 1, 2020). In 

addition, the form instructions for the 

Form I–821 and Form I–765 provide 

further information on requirements and 

fees for both initial TPS applicants and 

existing TPS beneficiaries who are reregistering. 

How can TPS beneficiaries obtain an 

employment authorization document 

(EAD)? 

Everyone must provide their 

employer with documentation showing 

that they have the legal right to work in 

the United States. TPS beneficiaries are 

eligible to obtain an EAD, which proves 

their legal right to work. Those who 

want to obtain an EAD must file a Form 

I–765 and pay the Form I–765 fee (or 

request a fee waiver, which you may 

submit on Form I–912, Request for Fee 

Waiver). TPS applicants may file this 

form along with their TPS application, 

or at a later date, provided their TPS 

application is still pending or has been 

approved. Beneficiaries with a Sudanese 

TPS-related Form I–765 that was still 

pending as of August 21, 2023 do not 

need to file the application again. If 

USCIS approves a pending TPS-related 

Form I–765, USCIS will issue the 

individual a new EAD that will be valid 

through April 19, 2025. 

Refiling an Initial TPS Registration 

Application After Receiving a Denial of 

a Fee Waiver Request 

If USCIS denies your fee waiver 

request, you can resubmit your TPS 

application. The fee waiver denial 

notice will contain specific instructions 

about resubmitting your application. 

Filing Information 

USCIS offers the option to applicants 

for TPS under Sudan’s designation to 

file Form I–821 and related requests for 

EADs online or by mail. However, if you 

request a fee waiver, you must submit 

your application by mail. When filing a 

TPS application, applicants can also 

request an EAD by submitting a 

completed Form I–765, with their Form 

I–821. 

Online filing: Forms I–821 and I–765 

are available for concurrent filing 

online.37 To file these forms online, you 

must first create a USCIS online 

account.38

Mail filing: Mail your application for 

TPS to the proper address in Table 1. 

Table 1—Mailing Addresses 

Mail your completed Form I–821, 

Application for Temporary Protected 

Status; Form I–765, Application for 

Employment Authorization, if 

applicable; Form I–912, Request for Fee 

Waiver (if applicable); and supporting 

documentation to the proper address in 

Table 1. 

TABLE 1—MAILING ADDRESSES

All states Mail your application to: 

U.S. Postal 

Service 

USPS: 

USCIS, Attn: TPS Sudan, 

P.O. Box 6943, Chicago, 

IL 60680–6943. 

FedEx, UPS, 

and DHL 

deliveries: 

USCIS, Attn: TPS Sudan 

(Box 6943), 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, please file 

online or mail your Form I–765 

application to the appropriate mailing 

address in Table 1. If filing online, 

please include the fee. If filing by mail, 

please include the fee or fee waiver 

request. When you are requesting an 

EAD based on an IJ/BIA grant of TPS, 

please include a copy of the IJ or BIA 

order granting you TPS with your 

application. This will help us verify 

your grant of TPS and process your 

application. 

Supporting Documents 

The filing instructions on the Form I– 

821 list all the documents needed to 

establish eligibility for TPS. You may 

also find information on the acceptable 

documentation and other requirements 

for applying (i.e., registering) for TPS on 

the USCIS website at https://

www.uscis.gov/tps under ‘‘Sudan.’’ 

Travel 

TPS beneficiaries may also apply for 

and be granted travel authorization as a 

matter of discretion. You must file for 

travel authorization if you wish to travel 

outside of the United States. If granted, 

travel authorization gives you 

permission to leave the United States 

and return during a specific period. To 

request travel authorization, you must 

file Form I–131, Application for Travel 

Document, available at https://

www.uscis.gov/i-131. You may file Form 

I–131 together with your Form I–821 or 

separately. When filing Form, I–131, 

you must: 

• Select Item Number 1.d. in Part 2 

on the Form I–131; and 

• Submit the fee for Form I–131, or 

request a fee waiver, which you may 

submit on Form I–912, Request for Fee 

Waiver. 

If you are filing Form I–131 together 

with Form I–821, send your forms to the 

address listed in Table 1. If you are 

filing Form I–131 separately based on a 

pending or approved Form I–821, send 

your form to the address listed in Table 

2 and include a copy of Form I–797 for 

the approved or pending Form I–821. 

TABLE 2—MAILING ADDRESSES

If you are Mail to 

Filing Form I–131 together with a Form 

I–821, Application 

for Temporary Protected Status.

The address provided 

in Table 1. 

Filing Form I–131 

based on a pending 

or approved Form 

I–821, and you are 

using the U.S. 

Postal Service 

(USPS): 

USCIS, Attn: I–131 

TPS, P.O. Box 

660167, Dallas, TX 

75266–0867. 

You must include 

a copy of the 

receipt notice 

(Form I–797 or 

I–797C) showing we accepted or approved 

your Form I– 

821.

Filing Form I–131 

based on a pending 

or approved Form 

I–821, and you are 

using FedEx, UPS, 

or DHL: 

USCIS, Attn: I–131 

TPS, 2501 S. State 

Hwy. 121 Business, 

Ste. 400, 

Lewisville, TX 

75067. 

You must include 

a copy of the 

receipt notice 

(Form I–797 or 

I–797C) showing we accepted or approved 

your Form I– 

821.

Biometric Services Fee for TPS 

Biometrics (such as fingerprints) are 

required for all applicants 14 years of 

age and older. Those applicants must 

submit a biometric services fee. As 

previously stated, if you are unable to 

pay the biometric services fee, you may 

request a fee waiver, which you may 

submit on Form I–912, Request for Fee 

Waiver. For more information on the 

application forms and fees for TPS, 

please visit the USCIS TPS web page at 

https://www.uscis.gov/tps. If necessary, 


ddrumheller on DSK120RN23PROD with NOTICES1
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you may be required to visit an 

Application Support Center to have 

your biometrics captured. For additional 

information on the USCIS biometric 

screening process, please see the USCIS 

Customer Profile Management Service 

Privacy Impact Assessment, available at 

https://www.dhs.gov/publication/ 

dhsuscispia-060-customer-profilemanagement-service-cpms. 

General Employment-Related 

Information for TPS Applicants and 

Their Employers 

How can I obtain information on the 

status of my TPS application and EAD 

request? 

To get case status information about 

your TPS application, as well as the 

status of your TPS-based EAD request, 

you can check Case Status Online at 

uscis.gov, or visit the USCIS Contact 

Center at https://www.uscis.gov/ 

contactcenter. If your Form I–765 has 

been pending for more than 90 days, 

and you still need assistance, you may 

ask a question about your case online at 

https://egov.uscis.gov/e-request/Intro.do 

or call the USCIS Contact Center at 800– 

375–5283 (TTY 800–767–1833). 

Am I eligible to receive an automatic 

extension of my current EAD through 

October 19, 2024, through this Federal 

Register notice? 

Yes. Regardless of your country of 

birth, provided that you currently have 

a Sudan TPS-based EAD that has the 

notation A–12 or C–19 under Category 

and a ‘‘Card Expires’’ date of October 

19, 2023, this Federal Register notice 

automatically extends your EAD 

through October 19, 2024. Although this 

Federal Register notice automatically 

extends your EAD through October 19, 

2024, you must re-register timely for 

TPS in accordance with the procedures 

described in this Federal Register notice 

to maintain your TPS and employment 

authorization. 

When hired, what documentation may I 

show to my employer as evidence of 

identity and employment authorization 

when completing Form I–9? 

You can find the Lists of Acceptable 

Documents on Form I–9, Employment 

Eligibility Verification, as well as the 

Acceptable Documents web page at 

https://www.uscis.gov/i-9-central/ 

acceptable-documents. Employers must 

complete Form I–9 to verify the identity 

and employment authorization of all 

new employees. Within three days of 

hire, employees must present acceptable 

documents to their employers as 

evidence of identity and employment 

authorization to satisfy Form I–9 

requirements. 

You may present any document from 

List A (which provides evidence of both 

identity and employment authorization) 

or one document from List B (which 

provides evidence of your identity) 

together with one document from List C 

(which provides evidence of 

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 https://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 EAD for a 

new job?’’ of this Federal Register 

notice for further information. If your 

EAD states A–12 or C–19 under 

Category and has a ‘‘Card Expires’’ date 

of October 19, 2023, it has been 

extended automatically by virtue of this 

Federal Register notice and you may 

choose to present your EAD to your 

employer as proof of identity and 

employment eligibility for Form I–9 

through October 19, 2024, unless your 

TPS has been withdrawn or your 

request for TPS has been denied. Your 

country of birth notated on the EAD 

does not have to reflect the TPS 

designated country of Sudan for you to 

be eligible for this extension. 

What documentation may I present to 

my employer for Form I–9 if I am 

already employed but my current TPSrelated EAD is set to expire? 

Even though we have automatically 

extended your EAD, your employer is 

required by law to ask you about your 

continued employment authorization. 

Your employer may need to re-examine 

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. Once your 

employer has reviewed the Card 

Expiration date and Category code, your 

employer should update the EAD 

expiration date in Section 2 of Form I– 

9. See the section ‘‘What updates should 

my current employer make to Form I– 

9 if my EAD 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 USCIS has 

automatically extended your EAD 

through October 19, 2024, but you are 

not required to do so. The last day of the 

automatic EAD extension is October 19, 

2024. Before you start work on October 

20, 2024, your employer is required by 

law to reverify your employment 

authorization on Form I–9. By 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. 

Your employer may not specify which 

List A or List C document you must 

present and cannot reject an acceptable 

receipt. 

If I have an EAD based on another 

immigration status, can I obtain a new 

TPS-based EAD? 

Yes, if you are eligible for TPS, you 

can obtain a new TPS-based EAD, 

regardless of whether you have an EAD 

or work authorization based on another 

immigration status. If you want to 

obtain a new TPS-based EAD valid 

through April 19, 2025, then you must 

file Form I–765, Application for 

Employment Authorization, and pay the 

associated fee (unless USCIS grants your 

fee waiver request). 

Can my employer require that I provide 

any other documentation such as 

evidence of my status, proof of my 

Sudanese citizenship, or a Form I–797C 

showing that I registered for TPS for 

Form I–9 completion? 

No. When completing Form I–9, 

employers must accept any 

documentation you choose to present 

from 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 may not request 

proof of Sudanese citizenship or proof 

of registration for TPS when completing 

Form I–9 for new hires or reverifying 

the employment authorization of 

current employees. If you present an 

EAD that USCIS has automatically 

extended, employers should accept it as 

a valid List A document so long as the 

EAD reasonably appears to be genuine 

and to relate to you. 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. 


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How do my employer and I complete 

Form I–9 using my automatically 

extended EAD for a new job? 

When using an automatically 

extended EAD to complete Form I–9 for 

a new job before October 20, 2024: 

1. For Section 1, you should: 

a. Check ‘‘A noncitizen authorized to 

work until’’ and enter October 19, 2024, 

as the ‘‘expiration date’’; and 

b. Enter your USCIS number or ANumber where indicated. (Your EAD or 

other document from DHS will have 

your USCIS number or A-Number 

printed on it; the USCIS number is the 

same as your A-Number without the A 

prefix.) 

2. For Section 2, employers should: 

a. Determine if the EAD is autoextended by ensuring it is in category 

A–12 or C–19 and has a ‘‘Card Expires’’ 

date of October 19, 2023; 

b. Write in the document title; 

c. Enter the issuing authority; 

d. Provide the document number; and 

e. Write October 19, 2024, as the 

expiration date. 

Before the start of work on October 

20, 2024, employers must reverify the 

employee’s employment authorization 

on Form I–9. 

What updates should my current 

employer make to Form I–9 if my EAD 

has been automatically extended? 

If you presented a TPS-related EAD 

that was valid when you first started 

your job and USCIS has now 

automatically extended your EAD, your 

employer may need to re-examine your 

current EAD if they do not have a copy 

of the EAD on file. Your employer 

should determine if your EAD is 

automatically extended by ensuring that 

it contains Category A–12 or C–19 and 

has a ‘‘Card Expires’’ date of October 19, 

2023. Your employer may not rely on 

the country of birth listed on the card 

to determine whether you are eligible 

for this extension. 

If your employer determines that 

USCIS has automatically extended your 

EAD, your employer should update 

Section 2 of your previously completed 

Form I–9 as follows: 

1. Write EAD EXT and October 19, 

2024, as the last day of the automatic 

extension in the Additional Information 

field; and 

2. Initial and date the correction. 

Note: This is not considered a 

reverification. Employers do not reverify the 

employee until either the automatic 

extension has ended, or the employee 

presents a new document to show continued 

employment authorization, whichever is 

sooner. By October 20, 2024, when the 

employee’s automatically extended EAD has 

expired, employers are required by law to 

reverify the employee’s employment 

authorization on 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 EVerify for a new employee by entering 

the number from the Document Number 

field on Form I–9 into the document 

number field in E-Verify. Employers 

should enter October 19, 2024, as the 

expiration date for an EAD that has been 

extended under this Federal Register 

notice. 

If I am an employer enrolled in E-Verify, 

what do I do when I receive a ‘‘Work 

Authorization Documents Expiring’’ 

alert for an automatically extended 

EAD? 

E-Verify automated the verification 

process for TPS-related EADs that are 

automatically extended. If you have 

employees who provided a TPS-related 

EAD when they first started working for 

you, you will receive a ‘‘Work 

Authorization Documents Expiring’’ 

case alert when the auto-extension 

period for this EAD is about to expire. 

Before this employee starts work on 

October 20, 2024, you must reverify 

their employment authorization on 

Form I–9. Employers may not use EVerify 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 I-9Central@

uscis.dhs.gov. 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, 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 IER@usdoj.gov or get 

more information online at 

www.justice.gov/ier. 

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 I-9Central@

uscis.dhs.gov. USCIS accepts calls in 

English, Spanish and many other 

languages. Employees or job applicants 

may also call the U.S. Department of 

Justice, Civil Rights Division, Immigrant 

and Employee Rights Section (IER) 

Worker Hotline at 800–255–7688 (TTY 

800–237–2515) for information 

regarding employment discrimination 

based on 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’’ (mismatch) must 

promptly inform employees of the 

mismatch and give such employees an 

opportunity to take action to resolve the 

mismatch. A mismatch means that the 

information entered into E-Verify from 

Form I–9 differs from records available 

to DHS. 

Employers may not terminate, 

suspend, delay training, withhold or 

lower pay, or take any adverse action 

against an employee because of a 

mismatch while the case is still pending 

with E-Verify. A Final Nonconfirmation 

(FNC) case result is received when EVerify cannot confirm 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 EVerify procedures is available on the 

IER website at https://www.justice.gov/ 


ddrumheller on DSK120RN23PROD with NOTICES1
56872 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 

ier and the USCIS and E-Verify websites 

at https://www.uscis.gov/i-9-central and 

https://www.e-verify.gov. 

Note Regarding Federal, State, and 

Local Government Agencies (Such as 

Departments of Motor Vehicles) 

For Federal purposes, if you present 

an automatically extended EAD 

referenced in this Federal Register 

notice, you do not need to show any 

other document, such as a Form I–797C, 

Notice of Action reflecting receipt of a 

Form I–765 EAD renewal application or 

this Federal Register notice, to prove 

that you qualify for this extension. 

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, or 

that may be used by DHS to determine 

if you have TPS or another immigration 

status. Examples of such documents are: 

• Your current EAD with a TPS 

category code of A–12 or C–19, even if 

your country of birth noted on the EAD 

does not reflect the TPS designated 

country of Sudan; 

• Your Form I–94, Arrival/Departure 

Record; 

• Your Form I–797, Notice of Action, 

reflecting approval of your Form I–765; 

or 

• Form I–797 or Form I–797C, Notice 

of Action, reflecting approval or receipt 

of a past or current Form I–821, if you 

received one from USCIS. 

Check with the government agency 

requesting documentation regarding 

which document(s) the agency will 

accept. Some state and local government 

agencies use the SAVE program to 

confirm the current immigration status 

of applicants for public benefits. 

While SAVE can verify that an 

individual has TPS, each agency’s 

procedures govern whether they will 

accept an unexpired EAD, Form I–797, 

Form I–797C, or Form I–94, Arrival/ 

Departure Record. If an agency accepts 

the type of TPS-related document you 

present, such as an EAD, the agency 

should accept your automatically 

extended EAD, regardless of the country 

of birth listed on the EAD. It may assist 

the agency if you: 

a. Give the agency a copy of the 

relevant Federal Register notice 

showing the extension of TPS-related 

documentation in addition to your 

recent TPS-related document with your 

A-number, USCIS number, or Form 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 verifying 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 https://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 

(such as 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 on or will act on a 

SAVE verification and you do not 

believe the SAVE response is correct, 

the SAVE website, https://

www.uscis.gov/save, has detailed 

information on how to make corrections 

or update your immigration record, 

make an appointment, or submit a 

written request to correct records. 

[FR Doc. 2023–17877 Filed 8–18–23; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2747–23; DHS Docket No. USCIS– 

2022–0003] 

RIN 1615–ZB91 

Extension and Redesignation of 

Ukraine for Temporary Protected 

Status 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS). 

ACTION: Notice of Temporary Protected 

Status (TPS) extension and 

redesignation. 

SUMMARY: Through this notice, the 

Department of Homeland Security 

(DHS) announces that the Secretary of 

Homeland Security (Secretary) is 

extending the designation of Ukraine for 

Temporary Protected Status (TPS) for 18 

months, beginning on October 20, 2023, 

and ending on April 19, 2025. This 

extension allows existing TPS 

beneficiaries to retain TPS through 

April 19, 2025, so long as they 

otherwise continue to meet the 

eligibility requirements for TPS. 

Existing TPS beneficiaries who wish to 

extend their status through April 19, 

2025, must re-register during the 60-day 

re-registration period described in this 

notice. The Secretary is also 

redesignating Ukraine for TPS. The 

redesignation of Ukraine allows 

additional Ukrainian nationals (and 

individuals having no nationality who 

last habitually resided in Ukraine) who 

have been continuously residing in the 

United States since August 16, 2023, to 

apply for TPS for the first time during 

the initial registration period described 

under the redesignation information in 

this notice. In addition to demonstrating 

continuous residence in the United 

States since August 16, 2023, and 

meeting other eligibility criteria, initial 

applicants for TPS under this 

designation must demonstrate that they 

have been continuously physically 

present in the United States since 

October 20, 2023, the effective date of 

this redesignation of Ukraine for TPS. 

DATES: Extension of Designation of 

Ukraine for TPS: The 18-month 

designation of Ukraine for TPS begins 

on October 20, 2023, and will remain in 

effect for 18 months, ending on April 

19, 2025. The extension impacts 

existing beneficiaries of TPS. 

Re-registration: The 60-day reregistration period for existing 

beneficiaries runs from August 21, 2023 

through October 20, 2023. (Note: It is 

important for re-registrants to timely reregister during the registration period 

and not to wait until their Employment 

Authorization Documents (EADs) 

expire, as delaying reregistration could 

result in gaps in their employment 

authorization documentation.) 

Redesignation of Ukraine for TPS: 

The 18-month redesignation of Ukraine 

for TPS begins on October 20, 2023, and 

will remain in effect for 18 months, 

ending on April 19, 2025. The 

redesignation impacts potential firstVerDate Sep<11>2014 18:17 Aug 18, 2023 Jkt 259001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1

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