[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60971-60979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19312]


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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.

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SUMMARY: Through this notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of South Sudan for Temporary Protected Status 
(TPS) for 18 months, 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 re-register 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

[[Page 60972]]

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 re-registration 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 re-registration 
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: 
    <bullet> You may contact Ren[aacute] Cutlip-Mason, 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.
    <bullet> 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.
    <bullet> If you have additional questions about TPS, please visit 
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of 
your questions and point you to additional information on our website. 
If you are unable to find your answers there, you may also call our 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
    <bullet> Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at uscis.gov, or visit the USCIS Contact Center at https://www.uscis.gov/contactcenter.
    <bullet> 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

[[Page 60973]]

TPS. DHS estimates that approximately 140 individuals may become newly 
eligible for TPS under the redesignation of South Sudan.
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    \1\ The ``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).
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What is Temporary Protected Status (TPS)?

    <bullet> 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.
    <bullet> During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to obtain EADs so long as they continue to meet the 
requirements of TPS.
    <bullet> TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of DHS discretion.
    <bullet> To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
    <bullet> When the Secretary terminates a foreign state's TPS 
designation, beneficiaries return to one of the following:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
terminated); or
    [cir] 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\
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    \2\ See Designation of Republic of South Sudan for Temporary 
Protected Status, 76 FR 63629 (Oct. 13, 2011).
    \3\ See 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).
    \4\ See 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).
    \5\ See Extension and Redesignation of South Sudan for Temporary 
Protected Status, 87 FR 12190 (Mar. 3, 2022).
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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).
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    \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).
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    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\
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    \7\ The 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).
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    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

[[Page 60974]]

period in accordance with 8 CFR 244.5(b).

Why is the Secretary extending the TPS designation for South Sudan and 
simultaneously redesignating South Sudan for TPS through May 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.<SUP>9 10</SUP> 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\
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    \8\ Human 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-ruling-party/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-opposition-preventing-more-conflict (last visited May 19, 2023).
    \11\ U.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/A-HRC-52-26-AdvanceEditedVersion.pdf.
    \12\ Reconstituted 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-status-implementation-revitalised-agreement-resolution-conflict-republic-south-sudan-period-1st-april-30th-june-2023.
    \13\ Small Arms Survey, Upper Nile Prepares to Return to War, 
Mar. 2023, https://www.smallarmssurvey.org/resource/upper-nile-prepares-return-war.
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    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 ex-combatants 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\
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    \14\ U.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-HUMAN-RIGHTS-REPORT.pdf.
    \15\ Id. at 16.
    \16\ U.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/A-HRC-52-26-AdvanceEditedVersion.pdf
    \17\ U.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-HUMAN-RIGHTS-REPORT.pdf.
    \18\ Id. at 27.
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    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\
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    \19\ UN 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).
    \20\ U.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-HUMAN-RIGHTS-REPORT.pdf.
    \21\ UNOCHA, South Sudan Humanitarian Needs Overview 2023, pg. 
13, Nov. 22, 2022, https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022, (last visited 
May 19, 2023).
    \22\ U.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-experts-south-sudan-submitted-pursuant-resolution-2633-2022-s2023294-enar, (last 
visited May 19, 2023).
    \23\ UN 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.
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Environmental and Health Concerns

    South Sudan has experienced above normal rainfall for four 
consecutive years.\24\ The effects of rain and flooding

[[Page 60975]]

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\
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    \24\ UNOCHA, South Sudan Humanitarian Needs Overview 2023, pg. 
6, Nov. 22, 2022, https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022 (last visited 
May 19, 2023).
    \25\ UNOCHA, South Sudan: Flooding Situation Report No. 1, pg. 
1, Oct. 12, 2022, https://reliefweb.int/report/south-sudan/south-sudan-flooding-situation-report-no-1-31-october-2022 (last visited 
May 19, 2023).
    \26\ Id.
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    South Sudan is also contending with multiple disease outbreaks. 
Flood-affected 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\
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    \27\ UNOCHA, South Sudan Humanitarian Needs Overview 2023, pg. 
19, Nov. 22, 2022, https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022, (last visited 
May 19, 2023).
    \28\ Id. at 20.
    \29\ Id. at 21.
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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\
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    \30\ U.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/south-sudan-complex-emergency-fact-sheet-3-fiscal-year-fy-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).
    \31\ USAID, 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).
    \32\ UNOCHA, South Sudan Humanitarian Needs Overview 2023, pg. 
14, Nov. 22, 2022, https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022, (last visited 
May 19, 2023).
    \33\ U.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-HUMAN-RIGHTS-REPORT.pdf.
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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\
---------------------------------------------------------------------------

    \34\ USAID, 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).
    \35\ U.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-HUMAN-RIGHTS-REPORT.pdf.
    \36\ UNOCHA, South Sudan Humanitarian Needs Overview 2023, pg. 
75, Nov. 22, 2022, https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022 (last visited 
May 19, 2023).
    \37\ UNICEF, South Sudan Humanitarian Situation No. 2:1, pg. 2, 
Feb. 28, 2023, https://reliefweb.int/report/south-sudan/unicef-south-sudan-humanitarian-situation-report-no-2-1-28-february-2023 
(last visited May 19, 2023).
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    Based upon this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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.
    <bullet> 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.
    <bullet> There are approximately 133 current South Sudan TPS 
beneficiaries who are eligible to re-register for TPS under the 
extension.
    <bullet> 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

[[Page 60976]]

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 re-registering.

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\
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    \38\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \39\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

    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.
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:
    <bullet> Select Item Number 1.d. in Part 2 on the Form I-131; and
    <bullet> 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

[[Page 60977]]

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   The address provided in Table
 I-821, Application for Temporary         1.
 Protected Status.
Filing Form I-131 based on a pending or  USCIS, Attn: I-131 TPS, P.O.
 approved Form I-821, and you are using   Box 660167, Dallas, TX 75266-
 the U.S. Postal Service (USPS):          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  USCIS, Attn: I-131 TPS, 2501 S
 approved Form I-821, and you are using   State Hwy. 121 Business, Ste.
 FedEx, UPS, or DHL:                      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, 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-profile-management-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 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 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 TPS-related 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

[[Page 60978]]

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 A-Number where indicated. (Your EAD 
or other document from DHS will have your USCIS number or A-Number 
printed on it; the USCIS number is the same as your A-Number without 
the A prefix.)
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended 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 E-Verify 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 E-Verify 
for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Federal Register notice 
does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#b6ff9b8ff5d3d8c2c4d7daf6c3c5d5dfc598d2dec598d1d9c0"><span class="__cf_email__" data-cfemail="256c081c66404b51574449655056464c560b414d560b424a53">[email protected]</span></a>. USCIS accepts calls and emails in English and 
many other languages. For questions about avoiding discrimination 
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil 
Rights Division, Immigrant and Employee Rights Section (IER) Employer 
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language 
interpretation in numerous languages. Employers may also email IER at 
<a href="/cdn-cgi/l/email-protection#4d04081f0d383e292227632a223b"><span class="__cf_email__" data-cfemail="b0f9f5e2f0c5c3d4dfda9ed7dfc6">[email protected]</span></a> 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

[[Page 60979]]

888-897-7781 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#e3aacedaa0868d9791828fa39690808a90cd878b90cd848c95"><span class="__cf_email__" data-cfemail="387115017b5d564c4a5954784d4b5b514b165c504b165f574e">[email protected]</span></a>. 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 E-Verify 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 E-Verify 
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:
    <bullet> 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;
    <bullet> Your Form I-94, Arrival/Departure Record;
    <bullet> Your Form I-797, Notice of Action, reflecting approval of 
your Form I-765; or
    <bullet> 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


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