65728 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices 

58Because the suspension of requirements under 

this notice applies throughout an academic term 

during which the suspension is in effect, DHS 

considers an F–1 nonimmigrant student who 

engages in a reduced course load or employment (or 

both) after this notice is effective to be engaging in 

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

eligible for employment authorization, through the 

end of any academic term for which such student 

is matriculated as of May 20, 2025, provided the 

student satisfies the minimum course load 

requirements in this notice. 

demonstrate and provide 

documentation to the DSO of the direct 

economic hardship resulting from the 

current armed conflict and current 

humanitarian crisis in Afghanistan. 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 20, 2025,58 to eligible F–1 

nonimmigrant students. DHS will 

continue to monitor the situation in 

Afghanistan. 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 current humanitarian crisis 

in Afghanistan 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 Number 

1615–0040). Although there will be a 

slight increase in the number of Form I– 

765 filings because of this notice, the 

number of filings currently contained in 

the OMB annual inventory for Form I– 

765 is sufficient to cover the additional 

filings. Accordingly, there is no further 

action required under the PRA. 

Alejandro Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2023–20789 Filed 9–21–23; 4:15 pm] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2755–23; DHS Docket No. USCIS– 

2022–0004] 

RIN 1615–ZB94 

Extension and Redesignation of 

Afghanistan 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 

Afghanistan for Temporary Protected 

Status (TPS) for 18 months, beginning 

on November 21, 2023, and ending on 

May 20, 2025. This extension allows 

existing TPS beneficiaries to retain TPS 

through May 20, 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 20, 

2025, must re-register during the 60-day 

re-registration period described in this 

notice. The Secretary is also 

redesignating Afghanistan for TPS. The 

redesignation of Afghanistan allows 

additional Afghan nationals (and 

individuals having no nationality who 

last habitually resided in Afghanistan) 

who have been continuously residing in 

the United States since September 20, 

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 20, 

2023, and meeting other eligibility 

criteria, initial applicants for TPS under 

this designation must demonstrate that 

they have been continuously physically 

present in the United States since 

November 21, 2023, the effective date of 

this redesignation of Afghanistan for 

TPS. 

DATES: 

Extension of Designation of 

Afghanistan for TPS: The 18-month 

designation of Afghanistan for TPS 

begins on November 21, 2023, and will 

remain in effect for 18 months, ending 

on May 20, 2025. The extension impacts 

existing beneficiaries of TPS. 

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

beneficiaries runs from September 25, 

2023 through November 24, 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 Afghanistan for TPS: 

The 18-month redesignation of 

Afghanistan for TPS begins on 

November 21, 2023, and will remain in 

effect for 18 months, ending on May 20, 

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 Afghanistan TPS 

redesignation begins on September 25, 

2023 and will remain in effect through 

May 20, 2025. 

FOR FURTHER INFORMATION CONTACT: 

• You may contact Rena ́ CutlipMason, Chief, Humanitarian Affairs 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices 65729 

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). 

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 

Afghanistan’s TPS designation by 

selecting Afghanistan 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 

Afghanistan (or individuals having no 

nationality who last habitually resided 

in Afghanistan) 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 Afghanistan 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 Afghanistan’s 

designation, the 60-day re-registration 

period runs from September 25, 2023 

through November 24, 2023. USCIS will 

issue new EADs with a May 20, 2025, 

expiration date to eligible Afghan TPS 

beneficiaries who timely re-register and 

apply for EADs. Given the time frames 

involved with processing TPS reregistration applications, DHS 

recognizes that not all re-registrants may 

receive new EADs before their current 

EADs expire. Accordingly, through this 

Federal Register notice, DHS 

automatically extends the validity of 

certain EADs previously issued under 

the TPS designation of Afghanistan 

through November 20, 2024. Therefore, 

as proof of continued employment 

authorization through November 20, 

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 20, 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, EVerify, and USCIS Systematic Alien 

Verification for Entitlements (SAVE) 

processes. 

Individuals who have an Afghanistan 

TPS application (Form I–821) and/or 

Application for Employment 

Authorization (Form I–765) that was 

still pending as of September 25, 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 20, 

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 approximately 3,100 

beneficiaries under Afghanistan’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 25, 2023 and runs through 

the full length of the redesignation 

period ending May 20, 2025. In addition 

to demonstrating continuous residence 

in the United States since September 20, 

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 21, 2023,1 the effective 

date of this redesignation of 

Afghanistan, before USCIS may grant 

them TPS. DHS estimates that 

approximately 14,600 individuals may 

become newly eligible for TPS under 

the redesignation of Afghanistan. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
65730 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices 

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

Attorney General. Congress transferred this 

authority from the Attorney General to the Secretary 

of Homeland Security. See Homeland Security Act 

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

The Secretary may designate a country (or part of 

a country) for TPS on the basis of ongoing armed 

conflict such that returning would pose a serious 

threat to the personal safety of the country’s 

nationals and habitual residents, environmental 

disaster (including an epidemic), or extraordinary 

and temporary conditions in the country that 

prevent the safe return of the country’s nationals. 

For environmental disaster-based designations, 

certain other statutory requirements must be met, 

including that the foreign government must request 

TPS. A designation based on extraordinary and 

temporary conditions cannot be made if the 

Secretary finds that allowing the country’s nationals 

to remain temporarily in the United States is 

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

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

3This issue of judicial review is the subject of 

litigation. See, e.g., Ramos v. Wolf, 975 F.3d 872 

(9th Cir. 2020), petition for en banc rehearing 

granted Feb. 10, 2023 (No. 18–16981); Saget v. 

Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019). 

4The extension and redesignation of TPS for 

Afghanistan 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). 

5U.S. Department of State, 2022 Country Report 

on Human Rights Practices: Afghanistan, Mar. 20, 

2023, available at: https://www.ecoi.net/en/ 

document/2089060.html (last visited: June 8, 2023). 

6U.S. Department of State, 2022 Country Report 

on Human Rights Practices: Afghanistan, Mar. 20, 

2023, available at: https://www.ecoi.net/en/ 

document/2089060.html (last visited: June 8, 2023). 

7Lindsay Maizland, The Taliban in Afghanistan, 

Council on Foreign Relations (CFR), Jan. 19, 2023, 

available at: https://www.cfr.org/backgrounder/ 

taliban-afghanistan (last visited: May 5, 2023). 

8The World Bank, World Bank Survey: Living 

Conditions Remain Dire for the Afghan People, 

Nov. 22, 2022, available at: https://

www.worldbank.org/en/news/press-release/2022/ 

11/22/world-bank-survey-living-conditions-remainlong as it is still valid beyond the date 

TPS terminates. 

When was Afghanistan designated for 

TPS? 

Afghanistan was initially designated 

on the basis of ongoing armed conflict 

and extraordinary and temporary 

conditions in Afghanistan that 

prevented nationals of Afghanistan from 

returning in safety. See Designation of 

Afghanistan for Temporary Protected 

Status, 87 FR 30976 (May 20, 2022). 

What authority does the Secretary have 

to extend the designation for 

Afghanistan 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.2 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).3 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 Afghanistan 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).4

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 Afghanistan 

shall be September 20, 2023. Initial 

applicants for TPS under this 

redesignation must also show they have 

been ‘‘continuously physically present’’ 

in the United States since November 21, 

2023, which is the effective date of the 

Secretary’s redesignation of 

Afghanistan. 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 21, 2023, the effective date of 

this redesignation for Afghanistan. 

USCIS, however, will issue employment 

authorization documentation, as 

appropriate, during the registration 

period in accordance with 8 CFR 

244.5(b). 

Why is the Secretary extending the TPS 

designation for Afghanistan and 

simultaneously redesignating 

Afghanistan for TPS through May 20, 

2025? 

DHS has reviewed country conditions 

in Afghanistan. Based on the review, 

including input received from DOS and 

other U.S. Government agencies, the 

Secretary has determined that an 18- 

month TPS extension is warranted 

because ongoing armed conflict and 

extraordinary and temporary conditions 

supporting Afghanistan’s TPS 

designation remain. The Secretary has 

further determined that redesignating 

Afghanistan 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. 

Overview 

Since the August 2021 Taliban 

takeover of Afghanistan, armed conflict 

and insurgency continue to cause 

insecurity and widespread harm 

throughout the country.5 The U.S. 

Department of State describes ongoing 

human rights abuses, widespread 

disregard for law, and a climate of fear 

of retribution against those who are 

perceived to oppose the Taliban.6 The 

Taliban continue to be viewed as both 

ill-equipped and unwilling to meet the 

country’s numerous challenges 

including the current security situation, 

economic insecurity, and respect for 

human rights.7 The World Bank 

described the situation in Afghanistan 

as ‘‘grim,’’ finding significant instability 

in food security, healthcare, and general 

welfare for women and girls.8 Ongoing 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices 65731 

dire-for-the-afghan-people (last visited: June 8, 

2023). 9 International Crisis Group, Afghanistan’s 

Security Challenges under the Taliban, Aug. 12, 

2022, available at: https://www.crisisgroup.org/asia/ 

south-asia/afghanistan/afghanistans-securitychallenges-under-taliban (last visited May 6, 2023); 

Human Rights Watch, World Report 2023— 

Afghanistan, Jan. 12, 2023, available at: https://

www.ecoi.net/en/document/2085369.html (last 

visited: June 8, 2023). 

10See U.S. Dep’t. of State, Foreign Terrorist 

Organizations, Bureau of Counterterrorism, 

available at https://www.state.gov/foreign-terroristorganizations/ (last visited Sept. 18, 2023); U.S. 

Dep’t. of State, 2022 Report on International 

Religious Freedom: Afghanistan, May 15, 2023, 

available at https://www.state.gov/reports/2022- 

report-on-international-religious-freedom/ 

afghanistan/ (last visited Sept. 18, 2023); European 

Union Agency for Asylum, 1.4 Islamic State 

Khorasan Province ISKP), available at https://

euaa.europa.eu/country-guidance-afghanistan2022/14-islamic-state-khorasan-province-iskp (last 

visited Sept. 18, 2023). 

11U.S. Dep’t. of State, 2022 Report on 

International Religious Freedom: Afghanistan, May 

15, 2023, available at https://www.state.gov/reports/ 

2022-report-on-international-religious-freedom/ 

afghanistan/ (last visited Sept. 18, 2023); Eliza 

Mackintosh, Ehsan Popalzai, Antonio Jarne and Lou 

Robinso, ‘No one feels safe’’: The Taliban promised 

to provide security to Afghans. New data shows 

threat from ISIS is growing, CNN, May 19, 2023, 

available at https://www.cnn.com/2023/05/19/asia/ 

isis-k-attacks-afghanistan-taliban-cmd-intl/ 

index.html (last visited Sept. 18, 2023). 

12 International Crisis Group, Afghanistan’s 

Security Challenges under the Taliban, Aug. 12, 

2022, available at: https://www.crisisgroup.org/asia/ 

south-asia/afghanistan/afghanistans-securitychallenges-under-taliban (last visited May 6, 2023); 

Human Rights Watch, World Report 2023— 

Afghanistan, Jan. 12, 2023, available at: https://

www.ecoi.net/en/document/2085369.html (last 

visited: June 8, 2023). 

13Austrian Centre for Country of Origin and 

Asylum Research and Documentation, Ecoi.net 

Featured Topic on Afghanistan: Overview of recent 

developments and key players in Afghanistan, May 

17, 2023, available at: https://www.ecoi.net/en/ 

document/2092065.html (last visited: June 9, 2023). 

14European Union Agency for Asylum, 

Afghanistan Security Information, Jan. 2023, 

available at: https://coi.euaa.europa.eu/ 

administration/easo/PLib/2022_08_EUAA_COI_

Report_Afghanistan_Security_situation.pdf (last 

visited: June 9, 2023). 

15European Union Agency for Asylum, 

Afghanistan Security Information, Jan. 2023, 

available at: https://coi.euaa.europa.eu/ 

administration/easo/PLib/2022_08_EUAA_COI_

Report_Afghanistan_Security_situation.pdf (last 

visited: June 9, 2023). 

16European Union Agency for Asylum, 

Afghanistan Security Information, Jan. 2023, 

available at: https://coi.euaa.europa.eu/ 

administration/easo/PLib/2022_08_EUAA_COI_

Report_Afghanistan_Security_situation.pdf (last 

visited: June 9, 2023); Michael Kugelman, How 

Dangerous is the Islamic State-Khorasan?, Foreign 

Policy, Mar. 23, 2023, available at: https://

foreignpolicy.com/2023/03/23/afghanistan-islamicstate-khorasan-centcom-warning-threat/ (last 

visited: June 9, 2023). 

17European Union Agency for Asylum, 

Afghanistan Security Information, Jan. 2023, 

available at: https://coi.euaa.europa.eu/ 

administration/easo/PLib/2022_08_EUAA_COI_

Report_Afghanistan_Security_situation.pdf (last 

visited: June 9, 2023). 

18Amnesty International, Amnesty International 

Report 2022/23; The State of the World’s Human 

Rights; Afghanistan 2022, Mar. 27, 2023, available 

at: https://www.ecoi.net/en/document/ 

2089394.html (last visited June 9, 2023). 

19UNHCR, A/HRC/52/84: Situation of human 

rights in Afghanistan—Report of the Special 

Rapporteur on the situation of human rights in 

Afghanistan, Richard Bennett, Feb. 09, 2023, 

available at: https://www.ohchr.org/en/documents/ 

country-reports/ahrc5284-situation-human-rightsafghanistan-report-special-rapporteur (last visited: 

June 9, 2023). 

20Austrian Centre for Country of Origin and 

Asylum Research and Documentation, Ecoi.net 

Featured Topic on Afghanistan: Overview of recent 

developments and key players in Afghanistan, May 

17, 2023, available at: https://www.ecoi.net/en/ 

document/2092065.html (last visited: June 9, 2023). 

21Fereshta Abbasi, What are the main challenges 

to women and girls’ rights in Afghanistan?, Human 

Rights Watch, Mar. 9, 2023, available at: https://

apnews.com/article/taliban-afghanistan-womenrights-united-nations-591c39436d53f83

e5a0c423c5e06891c (last visited: May 12, 2023); 

UNHCR, A/HRC/52/84: Situation of human rights 

in Afghanistan—Report of the Special Rapporteur 

on the situation of human rights in Afghanistan, 

Richard Bennett, Feb. 09, 2023, available at: https:// 

www.ohchr.org/en/documents/country-reports/ 

ahrc5284-situation-human-rights-afghanistanreport-special-rapporteur (last visited: June 9, 

2023). 

22U.S. Department of State, 2022 Report on 

International Religious Freedom: Afghanistan, May 

15, 2023, available at: https://www.ecoi.net/en/ 

document/2091855.html (last visited: June 9, 2023). 

23Human Rights Watch, Afghanistan: ISIS Group 

Targets Religious Minorities, Sept. 6, 2022, 

available at https://www.hrw.org/news/2022/09/06/ 

afghanistan-isis-group-targets-religious-minorities 

(last visited August 21, 2023). 

24Austrian Centre for Country of Origin and 

Asylum Research and Documentation, Ecoi.net 

Featured Topic on Afghanistan: Overview of recent 

developments and key players in Afghanistan, May 

Continued 

armed conflict in Afghanistan also poses 

a serious threat to the safety of nationals 

returning to Afghanistan. Extraordinary 

and temporary conditions, including 

lack of access to food, clean water, and 

healthcare, as well as destroyed 

infrastructure, internal displacement, 

and economic instability continue to 

prevent Afghan nationals from returning 

to their homeland in safety. 

Scale and Impact of Conflict 

While overall violent conflict has 

decreased since the Taliban takeover of 

Afghanistan, armed conflict continues 

between the Taliban and the Islamic 

State in Khorasan Province (ISKP), and 

violence by the Taliban and the ISKP 

against the general population persists.9

ISKP is a U.S. designated terrorist group 

and transnational affiliate of the Islamic 

State militant group that seeks to control 

Central and South Asia to establish a 

caliphate.10 It is engaged in armed 

conflict with the Taliban, and continues 

to conduct attacks against Taliban 

fighters, civilians, and protected sites, 

including mosques.11 The Taliban 

continue to fight ISKP in the east and 

north.12 ISKP, an Islamic State affiliate 

active since approximately 2014, 

continues to pose a risk to security and 

safety in Afghanistan.13 Since August 

2021, ISKP has rejected Taliban 

legitimacy and escalated attacks against 

them across the country.14 In mid-2022, 

ISKP conducted multiple attacks on 

primarily civilian targets in Kunduz and 

Mazar-i-Sharif.15 Within Afghanistan, 

ISKP attacks are mostly aimed at 

Taliban targets and minority groups, 

especially Hazaras.16 While ISKP does 

not control territory in Afghanistan, 

their recent escalation of attacks 

contributes to the ongoing security crisis 

in the country.17

Human Rights Abuses 

Since the Taliban takeover of 

Afghanistan, they have struggled to 

stabilize the country and, in an effort to 

exert control, they imposed their 

interpretation of sharia law, enacted 

harsh punishments against the 

population, and undermined the 

enjoyment of human rights.18

The human rights situation in 

Afghanistan was recently described as a 

worsening crisis, with the United 

Nations Special Rapporteur on the 

situation of human rights in Afghanistan 

encouraging the International Criminal 

Court (ICC) to ‘‘take note of the 

unprecedented deterioration of women’s 

rights . . . and that the Prosecutor 

consider the crime of gender 

persecution in Afghanistan.19

Resistance to the Taliban has led to an 

aggressive response from the Taliban, 

including summary killings, 

disappearances, information blackouts, 

and physical abuse.20 Afghanistan 

under the Taliban remains extremely 

repressive, particularly with respect to 

the meaningful participation of women 

in all aspects of public and private life 

and the exercise of freedom of religion 

or belief. Gender-based violence, 

including sexual violence against 

women and girls, occurs regularly.21

Hazaras, members of an ethnic and 

religious minority, have experienced 

harm in the form of forcible evictions, 

threats, physical harm, and attacks on 

religious institutions and education 

centers.22 In September 2022, Human 

Rights Watch reported that attacks on 

members of the Hazara community are 

‘‘systematic in nature and reflect 

elements of an organizational policy.’’ 23

Former employees of the prior Afghan 

government also continue to face 

reprisals. Human Rights Watch reported 

on the killings and disappearances of 47 

members of the Afghan National 

Security Forces (ANSF) in late 2022 and 

the U.N. found that family members of 

former Afghan security forces were also 

targeted by elements of the Taliban.24


ddrumheller on DSK120RN23PROD with NOTICES1
65732 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices 

17, 2023, available at: https://www.ecoi.net/en/ 

document/2092065.html (last visited: June 9, 2023). 

25European Union Agency for Asylum, Country 

Guidance: Afghanistan; January 2023, Jan. 2023, 

Available at: https://www.ecoi.net/en/file/local/ 

2086795/2023_Country_Guidance_Afghanistan_

EN.pdf (last visited: June 9, 2023). 

26European Union Agency for Asylum, Country 

Guidance: Afghanistan; January 2023, Jan. 2023, 

Available at: https://www.ecoi.net/en/file/local/ 

2086795/2023_Country_Guidance_Afghanistan_

EN.pdf (last visited: June 9, 2023). 

27Human Rights Watch, Afghanistan: Economic 

Roots of the Humanitarian Crisis, Mar. 1, 2022, 

available at: https://www.hrw.org/news/2022/03/01/ 

afghanistan-economic-roots-humanitarian-crisis 

(last visited: June 9, 2023); World Food Programme, 

WFP Afghanistan; Situation Report; 31 July, 2023, 

July 31, 2023, available at: https://reliefweb.int/ 

attachments/bb0a5390-5198-4194-b87dc8a78cd42e22/20230524%20AFG%20External% 20

Sitrep.pdf (last visited: Sept. 15, 2023). 

28 Internal Displacement Monitoring Centre, 

Country Profile: Afghanistan, May 24, 2023, 

available at: https://www.internal-displacement.org/ 

countries/afghanistan (last visited: June 9, 2023). 

29Human Rights Watch, Hard Choices in 

Afghanistan’s Humanitarian Crisis, May 15, 2023, 

available at: https://www.hrw.org/news/2023/05/15/ 

hard-choices-afghanistans-humanitarian-crisis#:∼:

text=Afghanistan%20has%20largely% 20

disappeared%20from,

girls%20remain%20most%20at%20risk. (last 

visited: June 9, 2023); ReliefWeb, Funding drought 

forces UN food agency to cut rations in Afghanistan, 

Mar. 17, 2023, available at: https://reliefweb.int/ 

report/afghanistan/funding-drought-forces-un-foodagency-cut-rations-afghanistan (last visited: May 

12, 2023); UN OCHA, Revised Humanitarian 

Response Plan, June 12, 2023, available at https:// 

reliefweb.int/report/afghanistan/afghanistanrevised-humanitarian-response-plan-jun-dec-2023 

(last visited Sept. 15, 2023). 

30ReliefWeb, Funding drought forces UN food 

agency to cut rations in Afghanistan, Mar. 17, 2023, 

available at: https://reliefweb.int/report/ 

afghanistan/funding-drought-forces-un-foodagency-cut-rations-afghanistan (last visited: May 

12, 2023). 

31ReliefWeb, Afghanistan: Drought—2021–2023, 

2021–2023, available at: https://reliefweb.int/ 

disaster/dr-2021-000022-afg (last visited: June 9, 

2023). 

32Ngoe Phuong Hong Tao, et al., Healthcare 

collapse in Afghanistan due to political crises, 

natural catastrophes, and dearth of international aid 

post-COVID, Jan. 11, 2023, Journal of Global Health, 

available at: https://jogh.org/2023/jogh-13-03003 

(last visited: June 9, 2023). 

33Statement on Continuation of Assassinations, 

Kidnappings, and Destruction of Vital 

Infrastructure, US Embassy in Afghanistan, Jan. 31, 

2021, available at: https://af.usembassy.gov/ 

statement-on-continuation-of-assassinationskidnappings-and-destruction-of-vitalinfrastructure/ (last visited: June 9, 2023); UN Office 

for the Coordination of Humanitarian Affairs, 

Afghanistan: ICCT Winter Prioritisation—December 

2022 (Issued 16 January 2023), Jan. 17, 2023, 

available at: https://reliefweb.int/attachments/ 

1d506d5a-3624-4768-87ac-5bc51329b9b3/

2023%20ICCT%20Winter%20Prioritisation

%20Report_Q1_fn_160123.pdf (last visited: June 9, 

2023). 

34UNHCR, Afghanistan Humanitarian Crisis, 

available at: https://www.unrefugees.org/ 

emergencies/afghanistan/ (last visited: June 9, 

2023). 

35UNHCR, Afghanistan Situation update—1 

August 2023, Aug.30, 2023, available at https://

data.unhcr.org/en/documents/details/103085 (last 

visited Sept. 15, 2023). 

36Radio Free Europe/Radio Liberty, ‘Life Of Toil’: 

Growing Number Of Starving Afghan Families Send 

Children To Work, May 17, 2023, available at: 

https://www.ecoi.net/en/document/2092100.html 

(last visited: June 9, 2023). 

The Taliban have arrested activists and 

journalists who criticized them on 

media platforms and raided offices of 

nongovernmental organizations.25

Human rights abuses against perceived 

opponents have been particularly 

violent after protests, with the Taliban 

using live ammunition, whips, and 

electroshock weapons to disperse 

crowds.26

Humanitarian Situation 

The humanitarian situation in 

Afghanistan is dire, with 15 million 

people facing acute food insecurity, as 

well as limited access to clean water 

and healthcare, destruction of 

infrastructure, and economic 

instability.27 As a result of the Taliban 

takeover and ongoing violence, internal 

displacement has also skyrocketed in 

Afghanistan.28 Afghanistan is currently 

experiencing one of the world’s worst 

humanitarian disasters, with more than 

two thirds of the population, 29.2 

million people, requiring humanitarian 

assistance.29 The U.N. World Food 

Programme found that Afghanistan is at 

‘‘the highest risk of famine in a quarter 

of a century, with half of all families 

living in crisis-coping mode’’ and since 

August 2022, ‘‘nine out of 10 Afghan 

families cannot afford enough food—the 

highest in the world.’’ 30 In addition, a 

recent Whole of Afghanistan 

Assessment found that 79 percent of 

households lack enough water for daily 

needs.31 Afghanistan’s healthcare 

system is currently struggling and 

hospitals that are still functioning do so 

with few supplies and massive staff 

shortages, as many medical personnel 

have fled the unstable country and 

previously provided development 

assistance in the healthcare sector has 

been suspended since the Taliban 

takeover.32 The Taliban targeted attacks 

at vital infrastructure, including power 

stations, roads, and cell phone towers, 

and since the suspension of 

international support, civilian 

infrastructure maintenance has 

deteriorated.33 More than 1.6 million 

Afghans fled the country since 2021, 

with Iran and Pakistan hosting 85 

percent of displaced Afghans.34 There 

are also approximately 3.25 million 

internally displaced persons (IDPs) due 

to conflict and violence.35 Economic 

instability has added to the deepening 

humanitarian crisis in Afghanistan. Due 

to the economic collapse, high inflation, 

and difficulty in finding stable jobs, an 

estimated 1 million children are 

working in Afghanistan, a number that 

soared since the Taliban takeover.36

This ongoing humanitarian crisis is an 

extraordinary and temporary condition 

that makes it difficult for Afghan 

nationals to safely return to their 

country. 

In summary, the August 2021 Taliban 

takeover of Afghanistan has led to 

significant civilian casualties, ongoing 

armed conflict between armed groups 

that continue to fight for power, and an 

extensive record of repressive policies 

and human rights abuses against women 

and girls, members of minority groups, 

and perceived opponents of the Taliban. 

This ongoing armed conflict and 

instability have contributed to a grave 

humanitarian crisis, including mass 

displacement, food and water 

insecurity, lack of access to healthcare, 

and a fragile economic situation. 

Based upon this review and after 

consultation with appropriate U.S. 

Government agencies, the Secretary has 

determined that: 

• The conditions supporting 

Afghanistan’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 Afghanistan and, due 

to such conflict, requiring the return to 

Afghanistan of Afghan nationals (or 

individuals having no nationality who 

last habitually resided in Afghanistan) 

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 

Afghanistan that prevent Afghan 

nationals (or individuals having no 

nationality who last habitually resided 

in Afghanistan) from returning to 

Afghanistan in safety, and it is not 

contrary to the national interest of the 

United States to permit Afghan 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 Afghanistan for 

TPS should be extended for an 18- 

month period, beginning on November 

21, 2023, and ending on May 20, 2025. 

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

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

• Due to the conditions described 

above, Afghanistan should be 

simultaneously extended and 

redesignated for TPS beginning on 

November 21, 2023, and ending on May 

20, 2025. See INA 244(b)(1)(A) and (C) 

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

(C) and (b)(2). 

• For the redesignation, the Secretary 

has determined that TPS applicants 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices 65733 

37Find information about online filing at ‘‘Forms 

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

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

38https://myaccount.uscis.gov/users/signlup. 

must demonstrate that they have 

continuously resided in the United 

States since September 20, 2023. 

• Initial TPS applicants under the 

redesignation must demonstrate that 

they have been continuously physically 

present in the United States since 

November 21, 2023, the effective date of 

the redesignation of Afghanistan for 

TPS. 

• There are approximately 3,100 

current Afghan TPS beneficiaries who 

are eligible to re-register for TPS under 

the extension. 

• It is estimated that approximately 

14,600 additional individuals may be 

eligible for TPS under the redesignation 

of Afghanistan. This population 

includes Afghan nationals in the United 

States in nonimmigrant status or 

without immigration status. 

Notice of the Designation of 

Afghanistan 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 Afghanistan’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 Afghan TPS beneficiaries to 

remain in the United States temporarily. 

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

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

basis of this determination, I am 

simultaneously extending the existing 

designation of Afghanistan for TPS for 

18 months, beginning on November 21, 

2023, and ending on May 20, 2025, and 

redesignating Afghanistan for TPS for 

the same 18-month period. See INA sec. 

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

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

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

Eligibility and Employment 

Authorization for TPS 

Required Application Forms and 

Application Fees To Register or ReRegister for TPS 

To register for TPS based on the 

designation of Afghanistan, 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 an Afghanistan 

TPS application (Form I–821) that was 

still pending as of September 25, 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 20, 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 an Afghan 

TPS-related Form I–765 that was still 

pending as of September 25, 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 20, 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 Afghanistan’s designation 

to file Form I–821 and related requests 

for EADs online or by mail. However, if 

you request a fee waiver, you must 

submit your application by mail. When 

filing a TPS application, applicants can 

also request an EAD by submitting a 

completed Form I–765, with their Form 

I–821. 

Online filing: Forms I–821 and I–765 

are available for concurrent filing 

online.37 To file these forms online, you 

must first create a USCIS online 

account.38

Mail filing: Mail your application for 

TPS to the proper address in Table 1. 

Table 1—Mailing Addresses 

Mail your completed Form I–821, 

Application for Temporary Protected 

Status; Form I–765, Application for 

Employment Authorization; Form I– 

912, Request for Fee Waiver (if 

applicable); and supporting 

documentation to the proper address in 

Table 1. 


ddrumheller on DSK120RN23PROD with NOTICES1
65734 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices 

TABLE 1—MAILING ADDRESSES

Alaska 

American Samoa 

Arizona 

California 

U.S. Postal Service (USPS): USCIS, Attn: TPS Afghanistan, P.O. Box 20300, Phoenix, AZ 85036–0300. 

FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Afghanistan (Box 20300), 2108 E Elliot Rd., Tempe, AZ 

85284–1806. 

Colorado 

Guam 

Hawaii 

Idaho 

Kansas 

Montana 

Nebraska 

Nevada 

New Mexico 

North Dakota 

Northern Mariana Islands 

Oklahoma 

Oregon 

Puerto Rico 

South Dakota 

Texas 

U.S. Virgin Islands 

Utah 

Washington 

Wyoming 

Alabama 

Arkansas 

Connecticut 

Delaware 

District of Columbia 

U.S. Postal Service (USPS): USCIS, Attn: TPS Afghanistan, P.O. Box 805282, Chicago, IL 60680–5285. 

FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Afghanistan (Box 805282), 131 South Dearborn—3rd Floor, 

Chicago, IL 60603–5517. 

Florida 

Georgia 

Illinois 

Indiana 

Iowa 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts 

Michigan 

Minnesota 

Mississippi 

Missouri 

New Hampshire 

New Jersey 

New York 

North Carolina 

Ohio 

Pennsylvania 

Rhode Island 

South Carolina 

Tennessee 

Vermont 

Virginia 

West Virginia 

Wisconsin 

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 

‘‘Afghanistan’’. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices 65735 

file Form I–131, Application for Travel 

Document, available at https://

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

I–131 together with your Form I–821 or 

separately. When filing Form I–131, you 

must: 

• Select Item Number 1.d. in Part 2 

on the Form I–131; and 

• Submit the fee for Form I–131, or 

request a fee waiver, which you may 

submit on Form I–912, Request for Fee 

Waiver. 

If you are filing Form I–131 together 

with Form I–821, send your forms to the 

address listed in Table 1. If you are 

filing Form I–131 separately based on a 

pending or approved Form I–821, send 

your form to the address listed in Table 

2 and include a copy of Form I–797 for 

the approved or pending Form I–821. 

TABLE 2—MAILING ADDRESSES

If you are . . . Mail to . . . 

Filing Form I–131 together with a Form I–821, Application for Temporary Protected Status ........ The address provided in Table 1. 

Filing Form I–131 based on a pending or approved Form I–821, and you are using the U.S. 

Postal Service (USPS): 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 20, 2024, through this 

Federal Register notice? 

Yes. Regardless of your country of 

birth, provided that you currently have 

an Afghanistan TPS-based EAD that has 

the notation A–12 or C–19 under 

Category and a ‘‘Card Expires’’ date of 

November 20, 2023, this Federal 

Register notice automatically extends 

your EAD through November 20, 2024. 

Although this Federal Register notice 

automatically extends your EAD 

through November 20, 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 20, 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 20, 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 Afghanistan for 

you to be eligible for this extension. 

What documentation may I present to 

my employer for Form I–9 if I am 

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

Even though we have automatically 

extended your EAD, your employer is 

required by law to ask you about your 

continued employment authorization. 

Your employer may need to re-examine 

your automatically extended EAD to 

check the ‘‘Card Expires’’ date and 

Category code if your employer did not 

keep a copy of your EAD when you 

initially presented it. Once your 

employer has reviewed the Card 

Expiration date and Category code, your 

employer should update the EAD 

expiration date in Section 2 of Form I– 

9. See the section ‘‘What updates should 


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65736 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices 

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 20, 2024, but you are 

not required to do so. The last day of the 

automatic EAD extension is November 

20, 2024. Before you start work on 

November 21, 2024, your employer is 

required by law to reverify your 

employment authorization on Form I–9. 

By that time, you must present any 

document from List A or any document 

from List C on Form I–9 Lists of 

Acceptable Documents, or an acceptable 

List A or List C receipt described in the 

Form I–9 instructions to reverify 

employment authorization. 

Your employer may not specify which 

List A or List C document you must 

present and cannot reject an acceptable 

receipt. 

If I have an EAD based on another 

immigration status, can I obtain a new 

TPS-based EAD? 

Yes, if you are eligible for TPS, you 

can obtain a new TPS-based EAD, 

regardless of whether you have an EAD 

or work authorization based on another 

immigration status. If you want to 

obtain a new TPS-based EAD valid 

through May 20, 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 

Afghan 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 Afghan 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 21, 2024: 

1. For Section 1, you should: 

a. Check ‘‘A noncitizen authorized to 

work until’’ and enter November 20, 

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 20, 2023; 

b. Write in the document title; 

c. Enter the issuing authority; 

d. Provide the document number; and 

e. Write November 20, 2024, as the 

expiration date. 

Before the start of work on November 

21, 2024, employers must reverify the 

employee’s employment authorization 

on Form I–9. 

What updates should my current 

employer make to Form I–9 if my EAD 

has been automatically extended? 

If you presented a TPS-related EAD 

that was valid when you first started 

your job and USCIS has now 

automatically extended your EAD, your 

employer may need to re-examine your 

current EAD if they do not have a copy 

of the EAD on file. Your employer 

should determine if your EAD is 

automatically extended by ensuring that 

it contains Category A–12 or C–19 and 

has a ‘‘Card Expires’’ date of November 

20, 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 20, 

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 21, 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 20, 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 21, 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). 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices 65737 

IER offers language interpretation in 

numerous languages. Employers may 

also email IER at IER@usdoj.gov or get 

more information online at 

www.justice.gov/ier. 

Note to Employees 

For general questions about the 

employment eligibility verification 

process, employees may call USCIS at 

888–897–7781 (TTY 877–875–6028) or 

email USCIS at I-9Central@

uscis.dhs.gov. USCIS accepts calls in 

English, Spanish and many other 

languages. Employees or job applicants 

may also call the U.S. Department of 

Justice, Civil Rights Division, Immigrant 

and Employee Rights Section (IER) 

Worker Hotline at 800–255–7688 (TTY 

800–237–2515) for information 

regarding employment discrimination 

based on citizenship, immigration 

status, or national origin, including 

discrimination related to Form I–9 and 

E-Verify. The IER Worker Hotline 

provides language interpretation in 

numerous languages. 

To comply with the law, employers 

must accept any document or 

combination of documents from the 

Lists of Acceptable Documents if the 

documentation reasonably appears to be 

genuine and to relate to the employee, 

or an acceptable List A, List B, or List 

C receipt as described in the Form I–9 

Instructions. Employers may not require 

extra or additional documentation 

beyond what is required for Form I–9 

completion. Further, employers 

participating in E-Verify who receive an 

E-Verify case result of ‘‘Tentative 

Nonconfirmation’’ (mismatch) must 

promptly inform employees of the 

mismatch and give such employees an 

opportunity to take action to resolve the 

mismatch. A mismatch means that the 

information entered into E-Verify from 

Form I–9 differs from records available 

to DHS. 

Employers may not terminate, 

suspend, delay training, withhold or 

lower pay, or take any adverse action 

against an employee because of a 

mismatch while the case is still pending 

with E-Verify. A Final Nonconfirmation 

(FNC) case result is received when EVerify cannot confirm an employee’s 

employment eligibility. An employer 

may terminate employment based on a 

case result of FNC. Work-authorized 

employees who receive an FNC may call 

USCIS for assistance at 888–897–7781 

(TTY 877–875–6028). For more 

information about E-Verify-related 

discrimination or to report an employer 

for discrimination in the E-Verify 

process based on citizenship, 

immigration status, or national origin, 

contact IER’s Worker Hotline at 800– 

255–7688 (TTY 800–237–2515). 

Additional information about proper 

nondiscriminatory Form I–9 and EVerify procedures is available on the 

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

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 Afghanistan; 

• 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. 2023–20791 Filed 9–21–23; 4:15 pm] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–7070–N–57] 

30-Day Notice of Proposed Information 

Collection: Study of Child Care in 

Public Housing: PHA and ECE Center 

Interviews Data Collection, OMB 

Control No.: 2528–New 

AGENCY: Office of Policy Development 

and Research, Chief Data Officer, HUD. 


ddrumheller on DSK120RN23PROD with NOTICES1