Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 60971 

43See 8 CFR 214.2(f)(6). 

44Because 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 May 3, 2025, provided the 

student satisfies the minimum course load 

requirements in this notice. 

When a student applies simultaneously 

for TPS and benefits under this notice, 

what is the minimum course load 

requirement while an application for 

employment authorization is pending? 

The F–1 nonimmigrant student must 

maintain normal course load 

requirements for a ‘‘full course of 

study’’ 43 unless or until the 

nonimmigrant student receives 

employment authorization under this 

notice. TPS-related employment 

authorization, by itself, does not 

authorize a nonimmigrant student to 

drop below twelve credit hours, or 

otherwise applicable minimum 

requirements (e.g., clock hours for nontraditional academic programs). Once 

approved for a TPS-related EAD and 

Special Student Relief employment 

authorization, as indicated by the DSO’s 

required entry in SEVIS and issuance of 

an updated Form I–20, the F–1 

nonimmigrant student may drop below 

twelve credit hours, or otherwise 

applicable minimum requirements (with 

a minimum of six semester or quarter 

hours of instruction per academic term 

if at the undergraduate level, or for a 

minimum of three semester or quarter 

hours of instruction per academic term 

if at the graduate level). See 8 CFR 

214.2(f)(5)(v), (f)(6), and (f)(9)(i) and (ii). 

How does a student who has received 

a TPS-related EAD then apply for 

authorization to take a reduced course 

load under this notice? 

There is no further application 

process with USCIS if a student has 

been approved for a TPS-related EAD. 

The F–1 nonimmigrant student must 

demonstrate and provide 

documentation to the DSO of the direct 

economic hardship resulting from the 

current armed conflict and 

humanitarian crisis in South Sudan. 

The DSO will then verify and update 

the student’s record in SEVIS to enable 

the F–1 nonimmigrant student with TPS 

to reduce the course load without any 

further action or application. No other 

EAD needs to be issued for the F–1 

nonimmigrant student to have 

employment authorization. 

Can a noncitizen who has been granted 

TPS apply for reinstatement of F–1 

nonimmigrant student status after the 

noncitizen’s F–1 nonimmigrant student 

status has lapsed? 

Yes. Regulations permit certain 

students who fall out of F–1 

nonimmigrant student status to apply 

for reinstatement. See 8 CFR 

214.2(f)(16). This provision may apply 

to students who worked on a TPSrelated EAD or dropped their course 

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 May 3, 2025,44 to eligible F–1 

nonimmigrant students. DHS will 

continue to monitor the situation in 

South 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 armed 

conflict and humanitarian crisis in 

South 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, consistent 

with the PRA (OMB Control No. 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. 2023–19320 Filed 9–5–23; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2748–23; DHS Docket No. USCIS– 

2014–004] 

RIN 1615–ZB79 

Extension and Redesignation of South 

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 South 

Sudan for Temporary Protected Status 

(TPS) for 18 months, beginning on 

November 4, 2023, and ending on May 

3, 2025. This extension allows existing 

TPS beneficiaries to retain TPS through 

May 3, 2025, so long as they otherwise 

continue to meet the eligibility 

requirements for TPS. Existing TPS 

beneficiaries who wish to extend their 

status through May 3, 2025, must reregister during the 60-day re-registration 

period described in this notice. The 

Secretary is also redesignating South 

Sudan for TPS. The redesignation of 

South Sudan allows additional South 

Sudanese nationals (and individuals 

having no nationality who last 

habitually resided in South Sudan) who 

have been continuously residing in the 

United States since September 4, 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 September 4, 2023, and 

meeting other eligibility criteria, initial 

applicants for TPS under this 

designation must demonstrate that they 


lotter on DSK11XQN23PROD with NOTICES1
60972 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 

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 sec. 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). 

have been continuously physically 

present in the United States since 

November 4, 2023, the effective date of 

this redesignation of South Sudan for 

TPS. 

DATES: 

Extension of Designation of South 

Sudan for TPS: The 18-month 

designation of South Sudan for TPS 

begins on November 4, 2023, and will 

remain in effect for 18 months, ending 

on May 3, 2025. The extension impacts 

existing beneficiaries of TPS. 

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

beneficiaries runs from September 6, 

2023 through November 6, 2023. (Note: 

It is important for re-registrants to 

timely re-register 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 South Sudan for 

TPS: The 18-month redesignation of 

South Sudan for TPS begins on 

November 4, 2023, and will remain in 

effect for 18 months, ending on May 3, 

2025. The redesignation impacts 

potential first-time applicants and 

others who do not currently have TPS. 

First-time Registration: The initial 

registration period for new applicants 

under the South Sudan TPS 

redesignation begins on September 6, 

2023 and will remain in effect through 

May 3, 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 

South Sudan’s TPS designation by 

selecting ‘‘South 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. 

• 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 

South Sudan (or individuals having no 

nationality who last habitually resided 

in South 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 South 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 South Sudan’s 

designation, the 60-day re-registration 

period runs from September 6, 2023 

through November 6, 2023. USCIS will 

issue new EADs with a May 3, 2025 

expiration date to eligible South 

Sudanese TPS beneficiaries who timely 

re-register and apply for EADs. Given 

the time frames involved with 

processing TPS re-registration 

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 South Sudan through 

November 3, 2024. Therefore, as proof 

of continued employment authorization 

through November 3, 2024, TPS 

beneficiaries can show their EADs that 

have the notation A–12 or C–19 under 

Category and a ‘‘Card Expires’’ date of 

November 3, 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 South Sudan 

TPS application (Form I–821) and/or 

Application for Employment 

Authorization (Form I–765) that was 

still pending as of September 6, 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 May 3, 

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 133 

beneficiaries under South 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 

September 6, 2023 through the full 

length of the redesignation period 

ending May 3, 2025. In addition to 

demonstrating continuous residence in 

the United States since September 4, 

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 November 4, 2023,1 the effective 

date of this redesignation of South 

Sudan, before USCIS may grant them 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 60973 

2See Designation of Republic of South Sudan for 

Temporary Protected Status, 76 FR 63629 (Oct. 13, 

2011). 

3See Extension and Redesignation of South 

Sudan for Temporary Protected Status, 78 FR 1866 

(Jan. 9, 2013); Extension and Redesignation of 

South Sudan for Temporary Protected Status, 79 FR 

52019 (Sept. 2, 2014); and Extension and 

Redesignation of South Sudan for Temporary 

Protected Status, 81 FR 4051 (Jan. 25, 2016). 

4See Extension of South Sudan for Temporary 

Protected Status, 82 FR 44205 (Sept. 21, 2017); 

Extension of the Designation of South Sudan for 

Temporary Protected Status, 84 FR 13688 (Apr. 5, 

2019); and Extension of the Designation of South 

Sudan for Temporary Protected Status, 85 FR 69344 

(Nov. 2, 2020). 

5See Extension and Redesignation of South 

Sudan for Temporary Protected Status, 87 FR 12190 

(Mar. 3, 2022). 

6 INA sec. 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 

South 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 Re-designation 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). 

TPS. DHS estimates that approximately 

140 individuals may become newly 

eligible for TPS under the redesignation 

of South 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 South Sudan designated for 

TPS? 

South Sudan was initially designated 

for TPS on October 13, 2011, on the 

dual bases of ongoing armed conflict 

and extraordinary and temporary 

conditions that prevented nationals of 

South Sudan from safely returning.2

Following the initial designation, DHS 

extended and redesignated South Sudan 

for TPS in 2013, 2014, and 2016.3 In 

2017, 2019, and 2020, DHS extended 

TPS for South Sudan, based on ongoing 

armed conflict and extraordinary and 

temporary conditions.4 Most recently, in 

March 2022, DHS extended and 

redesignated South Sudan for TPS for 

18 months based on ongoing armed 

conflict and extraordinary and 

temporary conditions, from May 3, 

2022, to November 3, 2023.5

What authority does the Secretary have 

to extend the designation South Sudan 

for TPS? 

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

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

after consultation with appropriate 

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 sec. 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 

sec. 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 sec. 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 sec. 

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 sec. 

244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). 

What is the Secretary’s authority to 

redesignate South Sudan for TPS? 

In addition to extending an existing 

TPS designation, the Secretary, after 

consultation with appropriate 

Government agencies, may redesignate a 

country (or part thereof) for TPS. See 

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

see also INA sec. 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 sec. 

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 South Sudan 

shall be September 4, 2023. Initial 

applicants for TPS under this 

redesignation must also show they have 

been ‘‘continuously physically present’’ 

in the United States since November 4, 

2023, which is the effective date of the 

Secretary’s redesignation, of South 

Sudan. See INA sec. 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 

November 4, 2023, the effective date of 

this redesignation for South Sudan. 

USCIS, however, will issue employment 

authorization documentation, as 

appropriate, during the registration 


lotter on DSK11XQN23PROD with NOTICES1
60974 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 

8Human Rights Watch, South Sudan: Events of 

2022, https://www.hrw.org/world-report/2023/ 

country-chapters/south-sudan (last visited Aug. 22, 

2023). 9 Kiir leads the ruling Sudan People’s Liberation 

Movement (SPLM). Machar is associated with the 

Sudan People’s Liberation Movement—In 

Opposition (SPLM–IO) but contends that he has not 

formally left the SPLM. VOA News, Infighting 

Brings New Split in South Sudan’s Ruling Party, 

Oct. 28, 2022, https://www.voanews.com/a/ 

infighting-brings-new-split-in-south-sudan-s-rulingparty/6809882.html (last visited May 19, 2023). 

10 International Crisis Group, South Sudan’s 

Splintered Opposition: Preventing More Conflict, 

https://www.crisisgroup.org/africa/horn-africa/ 

south-sudan/south-sudans-splintered-oppositionpreventing-more-conflict (last visited May 19, 2023). 11U.N. Human Rights Council, Report of the 

Commission on Human Rights in South Sudan, pg. 

3, U.N. Doc. A/HRC/52/26, Jan. 31, 2023, https:// 

www.ohchr.org/sites/default/files/documents/ 

hrbodies/hrcouncil/sessions-regular/session52/AHRC-52-26-AdvanceEditedVersion.pdf. 

12Reconstituted Joint Monitoring and Evaluation 

Commission (RJMEC), RJMEC report on the status 

of implementation of the revitalised agreement on 

the resolution of the conflict in the Republic of 

South Sudan for the Period 1st April to 30th June 

2023, Chapter 2(a), July 2023, https://reliefweb.int/ 

report/south-sudan/rjmec-report-statusimplementation-revitalised-agreement-resolutionconflict-republic-south-sudan-period-1st-april-30thjune-2023. 

13Small Arms Survey, Upper Nile Prepares to 

Return to War, Mar. 2023, https://www.smallarms

survey.org/resource/upper-nile-prepares-return-war. 

14U.S. Dep’t. of State, 2022 Country Reports on 

Human Rights: South Sudan, pg. 15, Mar. 20, 2023, 

https://www.state.gov/wp-content/uploads/2023/ 

03/415610_SOUTH-SUDAN-2022-HUMANRIGHTS-REPORT.pdf. 

15 Id. at 16. 

16U.N. Human Rights Council, Report of the 

Commission on Human Rights in South Sudan, pg. 

4, U.N. Doc. A/HRC/52/26, Jan. 31, 2023, https:// 

www.ohchr.org/sites/default/files/documents/ 

hrbodies/hrcouncil/sessions-regular/session52/AHRC-52-26-AdvanceEditedVersion.pdf 

17U.S. Dep’t. of State, 2022 Country Reports on 

Human Rights: South Sudan, pg. 5, Mar. 20, 2023, 

https://www.state.gov/wp-content/uploads/2023/ 

03/415610_SOUTH-SUDAN-2022-HUMANRIGHTS-REPORT.pdf. 

18 Id. at 27. 

19UN Office for the Coordination of 

Humanitarian Affairs (UNOCHA), South Sudan 

Humanitarian Needs Overview 2023, pg. 7, Nov. 22, 

2022, https://reliefweb.int/report/south-sudan/ 

south-sudan-humanitarian-needs-overview-2023- 

november-2022 (last visited May 19, 2023). 

20U.S. Dep’t. of State, 2022 Country Reports on 

Human Rights: South Sudan, pg. 17, Mar. 20, 2023, 

https://www.state.gov/wp-content/uploads/2023/ 

03/415610_SOUTH-SUDAN-2022-HUMANRIGHTS-REPORT.pdf. 

21UNOCHA, South Sudan Humanitarian Needs 

Overview 2023, pg. 13, Nov. 22, 2022, https://

reliefweb.int/report/south-sudan/south-sudanhumanitarian-needs-overview-2023-november-2022, 

(last visited May 19, 2023). 

22U.N. Security Council, Final Report of the 

Panel of Experts on South Sudan, pg. 17, U.N. Doc. 

S/2023/294, Apr. 26, 2023, https://reliefweb.int/ 

report/south-sudan/final-report-panel-expertssouth-sudan-submitted-pursuant-resolution-2633- 

2022-s2023294-enar, (last visited May 19, 2023). 

23UN Security Council, Children and armed 

conflict in South Sudan, pg. 1, Feb. 10, 2023, 

https://unmiss.unmissions.org/sites/default/files/ 

sg_report_on_children_and_armed_conflict_in_

south_sudan.pdf. 

24UNOCHA, South Sudan Humanitarian Needs 

Overview 2023, pg. 6, Nov. 22, 2022, https://

reliefweb.int/report/south-sudan/south-sudanperiod in accordance with 8 CFR 

244.5(b). 

Why is the Secretary extending the TPS 

designation for South Sudan and 

simultaneously redesignating South 

Sudan for TPS through May 3, 2025? 

DHS has reviewed country conditions 

in South Sudan. Based on the review, 

including input received from the 

Department of State (DOS), the 

Secretary has determined that an 18- 

month TPS extension is warranted 

because ongoing armed conflict and 

extraordinary and temporary conditions 

supporting South Sudan’s TPS 

designation remain. The Secretary has 

further determined that redesignating 

South Sudan for TPS under INA section 

244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) is 

warranted and is changing the 

‘‘continuous residence’’ and 

‘‘continuous physical presence’’ dates 

that applicants must meet to be eligible 

for TPS. 

Armed Conflict 

As in prior years, the armed conflicts 

in South Sudan consist of fighting 

among various factions associated with 

the government, as well as between 

government forces and militant groups, 

such as the National Salvation Front 

(also known as the NAS).8 A principal 

driver of armed conflict within the 

government has long been the rivalry 

between President Salva Kiir Mayardit 

and First Vice President Riek Machar, as 

well as their various supporters and 

aligned armed groups.9 10 In spite of the 

2018 peace agreement that established 

the current transitional government— 

and to which President Kiir and Vice 

President Machar were signatories— 

South Sudan faces ‘‘often violent 

political contestations,’’ and the lack of 

stable government has facilitated 

ongoing violence that is ‘‘nearly always 

characterized by gross human rights 

violations that [have] targeted civilians 

and caused mass displacements’’ in 

parts of the country.11 Conflict among 

armed actors, including the South 

Sudan People’s Defence Force (SSPDF), 

the Sudan People’s Liberation 

Movement—In Opposition (SPLM–IO), 

and the NAS have continued in 2023.12

In March 2023, media reported 

mobilization of forces allied to the 

government and the SPLM–IO as the 

groups prepared to ‘‘return to war’’ with 

one another.13

Multiple parties are responsible for 

committing crimes and human rights 

abuses across South Sudan, with reports 

that ‘‘security forces, opposition forces, 

armed militias affiliated with the 

government and the opposition, 

nonsignatories to the peace agreement, 

and civilians were responsible for a 

significant range of conflict-related 

abuses around the country.’’ 14

Government forces have reportedly 

engaged in collective punishment of 

civilians perceived to be opposition 

supporters, an assumption often based 

on ethnicity.15 Delays in implementing 

security sector reform and 

demobilization of armed groups have 

contributed to security forces and excombatants exploiting local 

communities, emboldened by a climate 

of impunity.16 Members of government 

and opposition forces, associated armed 

militia groups, and ethnic groups are 

reported to have committed torture and 

other ill-treatment in conflict zones.17

The ‘‘simmering ethnic conflict’’ in 

parts of South Sudan has resulted in 

dire humanitarian consequences, 

including significant displacement and 

reports of human rights violations and 

abuses, including those involving the 

killing of civilians, arbitrary arrests or 

unjust detentions, looting and 

destruction of civilian property, 

physical abuse, forced recruitment, and 

gender-based violence.18

Armed conflict has had particularly 

dire consequences for women and 

children. Women and girls have faced 

increased cases of sexual violence and 

harassment, as well as risk of 

abductions, killings, and threats from 

armed forces.19 Various parties use 

gender-based violence as a conflict 

tactic, including rape, gang rape, sexual 

slavery, and forced marriage.20

Impunity for gender-based abuses, 

including sexual abuses, has 

continued.21 Experts estimate that 

around 2.8 million people are at risk of 

gender-based violence in 2023, 

constituting a nine percent increase over 

the previous year.22 Children also 

remain at great risk of multiple types of 

abuse and victimization. The United 

Nations has documented many 

incidences of what the Special 

Representative of the Secretary-General 

for Children and Armed Conflict has 

identified as the six ‘‘grave violations 

against children,’’ including recruitment 

and use by armed groups; killing and 

maiming; rape and other forms of sexual 

violence; attacks on schools, hospitals, 

and protected persons in relation to 

schools and/or hospitals; abduction; and 

denial of humanitarian access.23

Environmental and Health Concerns 

South Sudan has experienced above 

normal rainfall for four consecutive 

years.24 The effects of rain and flooding 


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Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 60975 

humanitarian-needs-overview-2023-november-2022 

(last visited May 19, 2023). 

25UNOCHA, South Sudan: Flooding Situation 

Report No. 1, pg. 1, Oct. 12, 2022, https://

reliefweb.int/report/south-sudan/south-sudanflooding-situation-report-no-1-31-october-2022 (last 

visited May 19, 2023). 

26 Id. 

27UNOCHA, South Sudan Humanitarian Needs 

Overview 2023, pg. 19, Nov. 22, 2022, https://

reliefweb.int/report/south-sudan/south-sudanhumanitarian-needs-overview-2023-november-2022, 

(last visited May 19, 2023). 

28 Id. at 20. 

29 Id. at 21. 

30U.S. Agency for International Development 

(USAID), South Sudan—Complex Emergency Fact 

Sheet #3. Fiscal Year 2023, pg. 2, Mar. 31, 2023, 

https://reliefweb.int/report/south-sudan/southsudan-complex-emergency-fact-sheet-3-fiscal-yearfy-2023 (last visited May 19, 2023). The ‘‘Crisis’’ 

level of food security is the third level on the five 

level Integrated Food Security Phase Classification 

(IPC) scale, which ranges from ‘‘Minimal’’ (IPC 1) 

to ‘‘Famine’’ or ‘‘Catastrophe’’ (IPC 5). 

31USAID, South Sudan—Complex Emergency 

Fact Sheet #3. Fiscal Year 2023, pg. 2, Mar. 31, 

2023, https://reliefweb.int/report/south-sudan/ 

south-sudan-complex-emergency-fact-sheet-3- 

fiscal-year-fy-2023 (last visited May 19, 2023). 

32UNOCHA, South Sudan Humanitarian Needs 

Overview 2023, pg. 14, Nov. 22, 2022, https://

reliefweb.int/report/south-sudan/south-sudanhumanitarian-needs-overview-2023-november-2022, 

(last visited May 19, 2023). 

33U.S. Dep’t. of State, 2022 Country Reports on 

Human Rights: South Sudan, pg. 2 (Mar. 20, 2023) 

https://www.state.gov/wp-content/uploads/2023/ 

03/415610_SOUTH-SUDAN-2022-HUMANRIGHTS-REPORT.pdf. 34USAID, South Sudan—Complex Emergency 

Fact Sheet #3. Fiscal Year 2023, pg. 1, Mar. 31, 

2023, https://reliefweb.int/report/south-sudan/ 

south-sudan-complex-emergency-fact-sheet-3- 

fiscal-year-fy-2023 (last visited May 19, 2023). 35U.S. Dep’t. of State, 2022 Country Reports on 

Human Rights: South Sudan, pg. 18, Mar. 20, 2023, 

https://www.state.gov/wp-content/uploads/2023/ 

03/415610_SOUTH-SUDAN-2022-HUMANRIGHTS-REPORT.pdf. 36UNOCHA, South Sudan Humanitarian Needs 

Overview 2023, pg. 75, Nov. 22, 2022, https://

reliefweb.int/report/south-sudan/south-sudanhumanitarian-needs-overview-2023-november-2022 

(last visited May 19, 2023). 

37UNICEF, South Sudan Humanitarian Situation 

No. 2:1, pg. 2, Feb. 28, 2023, https://reliefweb.int/ 

report/south-sudan/unicef-south-sudanhumanitarian-situation-report-no-2-1-28-february2023 (last visited May 19, 2023). 

are widespread, with the number of 

people impacted across South Sudan 

estimated to exceed one million.25

Floods have destroyed crops, homes, 

schools, health care centers, and 

boreholes for water access, and efforts to 

provide relief have been stymied by 

violence, inaccessibility, and gaps in 

resources and infrastructure.26

South Sudan is also contending with 

multiple disease outbreaks. Floodaffected areas have seen the spread of 

malaria, diarrhea, pneumonia, and skin 

infections, and the lack of clean water 

and sanitation suggests that outbreaks of 

cholera and Hepatitis E are likely to 

persist.27 There also have been 

confirmed outbreaks of measles.28

Dozens of health facilities were 

damaged or relocated due to flooding, 

furthering restricting access to care.29

Food Insecurity 

Approximately 7.8 million South 

Sudanese were projected to face 

‘‘Crisis’’ levels of acute food insecurity, 

or worse, between April and July 

2023.30 Within this population, 2.9 

million people were projected to face 

‘‘Emergency’’ levels of acute food 

security, and around 43,000 were 

expected to face ‘‘Catastrophe.’’ 31

Disruption in the agricultural sector has 

led to a dramatic increase in food prices, 

thereby exacerbating food insecurity 

and intensifying poverty.32 Access to 

food is also sometimes used as a 

weapon of war.33

Barriers to Humanitarian Access 

An estimated 9.4 million of South 

Sudan’s total population of more than 

12 million people is in need of 

humanitarian assistance.34 Multiple 

factors complicate the provision of 

relief. Armed groups restrict the safe 

and effective delivery of assistance, in 

some cases even harassing or killing aid 

workers, engaging in looting, and 

destroying humanitarian assets and 

facilities.35 Bureaucratic obstacles and 

interference further undermine access.36

Additionally, flooding has prevented 

physical access to some locations.37

Based upon this review and after 

consultation with appropriate U.S. 

Government agencies, the Secretary has 

determined that: 

• The conditions supporting South

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 continues to be an ongoing

armed conflict in South Sudan and, due 

to such conflict, requiring the return to 

South Sudan of South Sudanese 

nationals (or individuals having no 

nationality who last habitually resided 

in South 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). 

• There continue to be extraordinary

and temporary conditions in South 

Sudan that prevent South Sudanese 

nationals (or individuals having no 

nationality who last habitually resided 

in South Sudan) from returning in 

safety, and it is not contrary to the 

national interest of the United States to 

permit South 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). 

• The designation of South Sudan for

TPS should be extended for an 18- 

month period, beginning on November 

4, 2023, and ending on May 3, 2025. See 

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

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

• Due to the conditions described

above, South Sudan should be 

simultaneously extended and 

redesignated for TPS beginning on 

November 4, 2023 and ending on May 

3, 2025. See INA sec. 244(b)(1)(A), (C), 

and (b)(2), 8 U.S.C. 1254a(b)(1)(A), (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 September 4, 2023. 

• Initial TPS applicants under the

redesignation must demonstrate that 

they have been continuously physically 

present in the United States since 

November 4, 2023, the effective date of 

the redesignation of South Sudan for 

TPS. 

• There are approximately 133

current South Sudan TPS beneficiaries 

who are eligible to re-register for TPS 

under the extension. 

• It is estimated that approximately

140 additional individuals may be 

eligible for TPS under the redesignation 

of South Sudan. This population 

includes South Sudanese nationals in 

the United States in nonimmigrant 

status or without immigration status. 

Notice of the Designation of South 

Sudan for TPS 

By the authority vested in me as 

Secretary under INA section 244, 8 

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

consultation with the appropriate U.S. 

Government agencies, the statutory 

conditions supporting South Sudan’s 

designation for TPS on the basis 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 South Sudanese TPS 

beneficiaries to remain in the United 

States temporarily. See INA sec. 

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

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

1254a(b)(1)(C). On the basis of this 

determination, I am simultaneously 

extending the existing designation of 

South Sudan for TPS for 18 months, 

beginning on November 4, 2023, and 

ending on May 3, 2025, and 

redesignating South Sudan for TPS for 

the same 18-month period. See INA sec. 

244(b)(1)(A), (b)(1)(C) and (b)(2); 8 


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38Find information about online filing at ‘‘Forms 

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

file-online/forms-available-to-file-online. 

39https://myaccount.uscis.gov/users/sign_up. 

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

(b)(2). 

Alejandro N. Mayorkas,Vienna 

Secretary, U.S. Department of Homeland 

Security. 

Eligibility and Employment 

Authorization for TPS Required 

Application Forms and Application 

Fees to Register or Re-Register for TPS 

To register for TPS based on the 

designation of South 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 South Sudan 

TPS application (Form I–821) that was 

still pending as of September 6, 2023 do 

not need to file the application again. If 

USCIS approves an individual’s Form I– 

821, USCIS will grant the individual 

TPS through May 3, 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 South 

Sudanese TPS-related Form I–765 that 

was still pending as of September 6, 

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 May 3, 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 South 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.38 To file these forms online, you 

must first create a USCIS online 

account.39

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 

South Sudan, P.O. 

Box 6943, Chicago, 

IL 60680–6943. 

TABLE 1—MAILING ADDRESSES— 

Continued 

All states Mail your application 

to: 

FedEx, UPS, and 

DHL deliveries: 

USCIS, Attn: TPS 

South 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 ‘‘South 

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 


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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): 

You must include a copy of the receipt notice (Form I–797 or I–797C) 

showing we accepted or approved your Form I–821.

USCIS, Attn: I–131 TPS, P.O. Box 660167, Dallas, TX 75266–0867. 

Filing Form I–131 based on a pending or approved Form I–821, and 

you are using FedEx, UPS, or DHL: 

You must include a copy of the receipt notice (Form I–797 or I–797C) 

showing we accepted or approved your Form I–821.

USCIS, Attn: I–131 TPS, 2501 S State Hwy. 121 Business, Ste. 400, 

Lewisville, TX 75067. 

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, 

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 

November 3, 2024, through this Federal 

Register notice? 

Yes. Regardless of your country of 

birth, provided that you currently have 

a South Sudan TPS-based EAD that has 

the notation A–12 or C–19 under 

Category and a ‘‘Card Expires’’ date of 

November 3, 2023, this Federal Register 

notice automatically extends your EAD 

through November 3, 2024. Although 

this Federal Register notice 

automatically extends your EAD 

through November 3, 2024, you must reregister 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 November 3, 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 November 3, 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 South 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 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 November 3, 2024, but you are 

not required to do so. The last day of the 

automatic EAD extension is November 

3, 2024. Before you start work on 

November 4, 2024, your employer is 

required by law to reverify your 


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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 May 3, 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 

South 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 South 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. 

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 November 4, 2024: 

1. For Section 1, you should: 

a. Check ‘‘A noncitizen authorized to 

work until’’ and enter November 3, 

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 November 3, 2023; 

b. Write in the document title; 

c. Enter the issuing authority; 

d. Provide the document number; and 

e. Write November 3, 2024, as the 

expiration date. 

Before the start of work on November 

4, 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 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 November 

3, 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 November 3, 

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 November 4, 

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 November 3, 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 

November 4, 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 


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Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Notices 60979 

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/ 

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 South 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. 2023–19312 Filed 9–5–23; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–6414–N–01] 

Announcement of Tenant Protection 

Voucher Funding Awards for Fiscal 

Year 2022 for the Housing Choice 

Voucher Program 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Announcement of fiscal year 

2022 awards. 

SUMMARY: In accordance with the 

Department of Housing and Urban 

Development (HUD) Reform Act of 

1989, this document notifies the public 

of Tenant Protection Voucher (TPV) 


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