68130 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 

1See Designation of Venezuela for Temporary 

Protected Status and Implementation of 

Employment Authorization for Venezuelans 

Covered by Deferred Enforced Departure, 86 FR 

13574 (Mar. 9, 2021). 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2761–23; DHS Docket No. USCIS– 

2021–0003] 

RIN 1615–ZB86 

Extension and Redesignation of 

Venezuela 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 Venezuela 

for Temporary Protected Status (TPS) 

for 18 months, beginning on March 11, 

2024 and ending on September 10, 

2025. This extension allows existing 

TPS beneficiaries to retain TPS through 

September 10, 2025, if they otherwise 

continue to meet the eligibility 

requirements for TPS. Existing TPS 

beneficiaries who wish to extend their 

status through September 10, 2025, 

must re-register during the reregistration period described in this 

notice. Separately, the Secretary is also 

redesignating Venezuela for TPS. The 

redesignation of Venezuela allows 

additional Venezuelan nationals (and 

individuals having no nationality who 

last habitually resided in Venezuela) 

who have been continuously residing in 

the United States since July 31, 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 July 31, 2023, and meeting 

other eligibility criteria, initial 

applicants for TPS under this 

designation must demonstrate that they 

have been continuously physically 

present in the United States since 

October 3, 2023, the effective date of 

this redesignation of Venezuela for TPS. 

The Secretary’s actions represent two 

distinct TPS designations of 

Venezuela—the first designation of 

Venezuela that was announced on 

March 9, 2021 (Venezuela 2021) and is 

being extended in this FRN, and this 

second action, redesignating Venezuela 

on October 3, 2023 (Venezuela 2023). 

DATES: 

Extension of Designation of 

Venezuela for TPS: The 18-month 

extension of Venezuela 2021 begins on 

March 11, 2024 and will remain in 

effect for 18 months, ending on 

September 10, 2025. The extension 

affects existing beneficiaries of TPS and 

those who filed initial applications for 

TPS under Venezuela 2021 that were 

pending as of the date of this notice. 

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

beneficiaries under Venezuela 2021 

runs from January 10, 2024, through 

March 10, 2024. (Note: It is important 

for re-registrants to timely re-register 

during the registration period and not to 

wait until their Employment 

Authorization Document (EAD) expires. 

Delaying re-registration could result in 

gaps in their employment authorization 

documentation.) 

Redesignation of Venezuela for TPS 

(Venezuela 2023): The 18-month 

redesignation of Venezuela for TPS 

begins on October 3, 2023, and will 

remain in effect for 18 months, ending 

on April 2, 2025. The redesignation 

affects potential first-time applicants 

and others who do not currently have 

TPS. 

First-time Registration: The initial 

registration period for new applicants 

under the Venezuela 2023 TPS 

redesignation begins on October 3, 2023, 

and will remain in effect through April 

2, 2025. 

FOR FURTHER INFORMATION CONTACT: 

• You may contact Rena ́ CutlipMason, Chief, Humanitarian Affairs 

Division, Office of Policy and Strategy, 

U.S. Citizenship and Immigration 

Services, Department of Homeland 

Security, by mail at 5900 Capital 

Gateway Drive, Camp Springs, MD 

20746, or by phone at 800–375–5283. 

• For more 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 

Venezuela’s TPS designation by 

selecting ‘‘Venezuela’’ 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 cannot 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. 

• You also can find more information 

at local USCIS offices after this notice is 

published. 

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 

Venezuela (or individuals having no 

nationality who last habitually resided 

in Venezuela) to (1) re-register for TPS 

and apply to renew their EAD 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 Venezuela 

2021 1 and whose applications have 

been granted. If you do not re-register 

properly within the re-registration 

period, USCIS may withdraw your TPS 

following appropriate procedures. See 8 

CFR 244.14. 

For individuals who have already 

been granted TPS under Venezuela 

2021, the 60-day re-registration period 

for existing beneficiaries runs from 

January 10, 2024, through March 10, 

2024. USCIS will issue new EADs with 


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2The ‘‘continuous physical presence’’ date 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 a later date established by the Secretary. 

The ‘‘continuous residence’’ date 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) (continuous residence and 

continuous physical presence date requirements); 8 

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

3 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). 

a September 10, 2025, expiration date to 

eligible Venezuelan 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 a new EAD 

before their current EAD expires. 

Accordingly, through this Federal 

Register notice, DHS automatically 

extends through March 10, 2025, the 

validity of certain EADs previously 

issued under the TPS designation of 

Venezuela. As proof of continued 

employment authorization through 

March 10, 2025, TPS beneficiaries can 

show their EAD with the notation A–12 

or C–19 under Category and a Card 

Expires date of March 10, 2024, or 

September 9, 2022. This notice explains 

how TPS beneficiaries and their 

employers may determine if an EAD is 

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 an initial 

Venezuela TPS application (Form I–821) 

or Application for Employment 

Authorization (Form I–765) pending as 

of October 3, 2023 under Venezuela 

2021, 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 September 10, 2025. Similarly, 

if USCIS approves a pending TPSrelated Form I–765, USCIS will issue 

the individual a new EAD that will be 

valid through the same date. Individuals 

who are current beneficiaries under the 

Venezuela 2021 designation and have a 

re-registration application (Form I–821) 

and/or Application for Employment 

Authorization (Form I–765) pending as 

of October 3, 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 September 10, 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. 

Under the redesignation, Venezuela 

2023, individuals who currently do not 

have TPS may submit an initial 

application during the initial 

registration period that runs from 

October 3, 2023, and runs through the 

full length of the redesignation period 

ending April 2, 2025. In addition to 

demonstrating continuous residence in 

the United States since July 31, 2023, 

and meeting other eligibility criteria, 

initial applicants for TPS under this 

redesignation (Venezuela 2023) must 

demonstrate that they have been 

continuously physically present in the 

United States since October 3, 2023,2

the effective date of this redesignation of 

Venezuela, before USCIS may grant 

them TPS. DHS estimates that 

approximately 472,000 individuals may 

become newly eligible for TPS under 

the redesignation of Venezuela. 

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 if 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, if it 

is still valid beyond the date their TPS 

terminates. 

When was Venezuela designated for 

TPS? 

Venezuela was initially designated on 

the basis of extraordinary and temporary 

conditions that prevented nationals of 

Venezuela from returning in safety. See 

Designation of Venezuela for Temporary 

Protected Status and Implementation of 

Employment Authorization for 

Venezuelans Covered by Deferred 

Enforced Departure, 86 FR 13574 (Mar. 

9, 2021). The TPS designation was 

extended for 18 months on September 8, 

2022. See Extension of the Designation 

of Venezuela for Temporary Protected 

Status, 87 FR 55024 (Sept. 8, 2022). 

What authority does the Secretary have 

to extend the designation of Venezuela 

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.3 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 their 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 


ddrumheller on DSK120RN23PROD with NOTICES1
68132 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 

4The extension and redesignation of TPS for 

Venezuela is one of several instances in which the 

Secretary and, before 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). 

5Clare Ribando Seelke, Rebecca M. Nelson, 

Rhoda Margesson, & Phillip Brown, Venezuela: 

Background and U.S. Relations, Congressional 

Research Service (CRS), p.1, Dec. 6, 2022, available 

at https://crsreports.congress.gov/product/pdf/R/ 

R44841 (last visited Jul. 7, 2023). 

6Michael Penfold & Cynthia J. Arnson, 

Overcoming Barriers to Humanitarian Aid in 

Venezuela, Wilson Center, p.1, Mar. 2023, available 

at https://www.wilsoncenter.org/sites/default/files/ 

media/uploads/documents/

OVERCOMING%20BARRIERS%20TO%20

HUMANITARIAN%20AID%20IN%2

0VENEZUELA_0.pdf (last visited Aug. 10, 2023). 

7United Nations Office for the Coordination of 

Humanitarian Affairs (OCHA), Venezuela 

Humanitarian Fund Annual Report 2022, p.6, Jun. 

14, 2023, available at https://www.unocha.org/ 

publications/report/venezuela-bolivarian-republic/ 

venezuela-humanitarian-fund-annual-report-2022 

(last visited Aug. 10, 2023). 

8Freedom House, Freedom in the World 2023— 

Venezuela, Mar. 10, 2023, available at https://

freedomhouse.org/country/venezuela/freedomworld/2023 (last visited Jul. 18, 2023). 

9United Nations Human Rights Council, 

Venezuela: new UN report details responsibilities 

for crimes against humanity to repress dissent and 

highlights situation in remotes mining areas, Sept. 

20, 2022, available at https://www.ohchr.org/en/ 

press-releases/2022/09/venezuela-new-un-reportdetails-responsibilities-crimes-against-humanity 

(last visited Sept. 27, 2023). 

10Overseas Security Advisory Council (OSAC), 

Venezuela Country Security Report, U.S. 

Department of State, May 10, 2022, available at 

https://www.osac.gov/Content/Report/34f99e62- 

2161-412d-bfeb-1e752539f6bf (last visited Jul. 19, 

2023). 

11Freedom House, Freedom in the World 2023— 

Venezuela, Mar. 10, 2023, available at https://

freedomhouse.org/country/venezuela/freedomworld/2023 (last visited Jul. 18, 2023). 

12 Venezuela Investigative Unit, Rise of the 

Criminal Hybrid State in Venezuela, InSight Crime, 

p.5, Jul. 2023, available at https://insightcrime.org/ 

wp-content/uploads/2023/07/Rise-of-the-CriminalHybrid-State-in-Venezuela-InSight-Crime-1.pdf (last 

visited Jul. 19, 2023). 

13U.S. Dep’t. of State, 2023 Trafficking in Persons 

Report: Venezuela, June 15, 2023, available at 

https://www.state.gov/reports/2023-trafficking-inpersons-report/venezuela/ (last visited Sep. 25, 

2023). 

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 Venezuela 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 Venezuela 

will be July 31, 2023. Initial applicants 

for TPS under this redesignation must 

also show they have been ‘‘continuously 

physically present’’ in the United States 

since October 3, 2023, which is the 

effective date of the Secretary’s 

redesignation of Venezuela. 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, USCIS cannot make the 

final determination of whether the 

applicant has met the ‘‘continuous 

physical presence’’ requirement until 

October 3, 2023, the effective date of 

this redesignation for Venezuela. 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 Venezuela 2021 and 

redesignating Venezuela for TPS? 

DHS has reviewed country conditions 

in Venezuela. Based on the review, 

including input received from DOS and 

other U.S. Government agencies, the 

Secretary has determined that an 18- 

month TPS extension is warranted 

because extraordinary and temporary 

conditions continue to prevent 

Venezuelan nationals from returning in 

safety. The Secretary has further 

determined that redesignating 

Venezuela for TPS under INA section 

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

warranted on the same statutory basis of 

extraordinary and temporary conditions. 

Overview 

Venezuela continues to face a severe 

humanitarian emergency due to a 

political and economic crisis, as well as 

human rights violations and abuses and 

high levels of crime and violence, that 

impacts access to food, medicine, 

healthcare, water, electricity, and fuel, 

and has led to high levels of poverty. 

Additionally, Venezuela has recently 

experienced heavy rainfall in the spring 

and summer of 2023 which triggered 

flooding and landslides. Given the 

current conditions in Venezuela, these 

issues contribute to the country’s 

existing challenges. 

Venezuela is experiencing ‘‘an 

unprecedented political, economic, and 

humanitarian crisis.’’ 5 ‘‘Venezuela is 

suffering one of the worst humanitarian 

crises in the history of the Western 

Hemisphere,’’ which has been 

characterized by ‘‘[h]igh levels of 

poverty, food insecurity, malnutrition, 

and infant mortality, together with 

frequent electricity outages and the 

collapse of health infrastructure.’’ 6

Though there were some positive 

developments in Venezuela in 2022 ‘‘as 

the economy stabilized and showed 

signs of economic growth,’’ the effects of 

these changes were not felt across the 

Venezuelan population and did not 

offset the impact of the large-scale 

economic contraction which resulted in 

significant humanitarian challenges that 

continue today and will take time to 

address.7

Political Repression and Human Rights 

The Maduro regime has closed off 

channels for political dissent, restricting 

enjoyment of civil liberties and 

‘‘prosecuting perceived opponents 

without regard for due process.’’ 8 The 

UN Human Rights Council’s 

Independent International Fact-Finding 

Mission on the Bolivarian Republic of 

Venezuela (IIFFM) found in its 

September 2022 report, ‘‘Venezuela’s 

military and civilian intelligence 

agencies function as well-coordinated 

and effective structures in the 

implementation of a plan’’ to ‘‘repress 

dissent.’’ 9

Crime and Insecurity 

Venezuela has one of the highest rates 

of violent deaths in the world.10

Additionally, ‘‘Venezuelans face 

physical insecurity and violence from 

several sources, including irregular 

armed groups, security forces, and 

organized gangs.’’ 11 Corruption in 

Venezuela exacerbates insecurity. 

InSight Crime has reported that 

‘‘criminal groups and corrupt state 

actors together form a hybrid state that 

combines governance with criminality, 

and where illegal armed groups act at 

the service of the state, while criminal 

networks form within it.’’ 12 Human 

trafficking remains a serious concern. 

Traffickers exploit and subject 

Venezuelans, including those fleeing the 

country, to egregious forms of 

exploitation, including sex trafficking 

and forced labor.13 Members of nonstate armed groups that operate in the 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 68133 

14 Id. 

15Andrew Cawthorne and Diego Ore, Venezuela 

confirms recession, highest inflation in Americas, 

Reuters, Dec. 30, 2014, available at https:// 

www.reuters.com/article/us-venezuela-economy/ 

venezuela-confirms-recession-highest-inflation-inamericas-idUSKBN0K81KV20141230 (last visited 

Jul. 7, 2023); Reuters, Venezuela’s largest private 

company calls government supervision ‘arbitrary’, 

Apr. 25, 2020, available at https://www.reuters.com/ 

article/us-venezuela-economy-polar/venezuelaslargest-private-company-calls-governmentsupervision-arbitrary-idUSKCN2270U8 (last visited 

Jul. 7, 2023). 

16The Economist, Nicola ́s Maduro, Venezuela’s 

autocrat, is winning, Apr. 25, 2023, available at 

https://web.archive.org/web/20230531114303/ 

https://www.economist.com/the-americas/2023/04/ 

25/nicolas-maduro-venezuelas-autocrat-is-winning 

(last visited Jul. 10, 2023). 

17Office of the High Commissioner for Human 

Rights (OHCHR), Situation of human rights in the 

Bolivarian Republic of Venezuela—Report of the 

United Nations High Commissioner for Human 

Rights, p.2, Jul. 4, 2023, available at https://

reliefweb.int/report/venezuela-bolivarian-republic/ 

situation-human-rights-bolivarian-republicvenezuela-report-united-nations-highcommissioner-human-rights-ahrc5354-advanceunedited-version (last visited Jul. 12, 2023). 

18 Inter-American Commission on Human Rights 

(IACHR), Annual Report 2022—Chapter IV.B— 

Venezuela, p.705, Apr. 20, 2023, available at 

https://www.oas.org/en/iachr/docs/annual/2022/ 

Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited 

Jul. 10, 2023). 

19 Inter-American Commission on Human Rights 

(IACHR), Annual Report 2022—Chapter IV.B— 

Venezuela, p.705, Apr. 20, 2023, available at 

https://www.oas.org/en/iachr/docs/annual/2022/ 

Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited 

Jul. 10, 2023). 

20 Inter-American Commission on Human Rights 

(IACHR), Annual Report 2022—Chapter IV.B— 

Venezuela, p.674, 706, 708, 709, Apr. 20, 2023, 

available at https://www.oas.org/en/iachr/docs/ 

annual/2022/Chapters/9-IA2022_Cap_4B_VE_

EN.pdf (last visited Jul. 12, 2023); Human Rights 

Watch, World Report 2023: Venezuela, Jan. 13, 

2023, available at https://www.hrw.org/worldreport/2023/country-chapters/venezuela (last 

visited Jul. 12, 2023); Clare Ribando Seelke, 

Rebecca M. Nelson, Rhoda Margesson, & Phillip 

Brown, Venezuela: Background and U.S. Relations, 

Congressional Research Service (CRS), p.11, Dec. 6, 

2022, available at https://crsreports.congress.gov/ 

product/pdf/R/R44841 (last visited Jul. 12, 2023). 

21Regina Garcia Cano, Governments pledge 

money, attention to Venezuela’s crisis, The 

Associated Press, Mar. 17, 2023, https://

apnews.com/article/venezuela-migration-crisis-usunited-nations-805873048d2b0532

bfbe53428f4ed2aa (last visited Jul. 12, 2023). 

22 Inter-American Commission on Human Rights 

(IACHR), Annual Report 2022—Chapter IV.B— 

Venezuela, p.705, Apr. 20, 2023, available at 

https://www.oas.org/en/iachr/docs/annual/2022/ 

Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited 

Jul. 12, 2023). 

23 Inter-American Commission on Human Rights 

(IACHR), Annual Report 2022—Chapter IV.B— 

Venezuela, p.705–706, Apr. 20, 2023, available at 

https://www.oas.org/en/iachr/docs/annual/2022/ 

Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited 

Jul. 12, 2023). 

24Office of the High Commissioner for Human 

Rights (OHCHR), Situation of human rights in the 

Bolivarian Republic of Venezuela—Report of the 

United Nations High Commissioner for Human 

Rights, p.3, Jul. 4, 2023, available at https://

reliefweb.int/report/venezuela-bolivarian-republic/ 

situation-human-rights-bolivarian-republicvenezuela-report-united-nations-highcommissioner-human-rights-ahrc5354-advanceunedited-version (last visited Jul. 13, 2023). 25United Nations Office for the Coordination of 

Humanitarian Affairs (OCHA), Venezuela 

Humanitarian Fund Annual Report 2022, p.6, Jun. 

14, 2023, available at https://www.unocha.org/ 

publications/report/venezuela-bolivarian-republic/ 

venezuela-humanitarian-fund-annual-report-2022 

(last visited Aug. 10, 2023). 26Human Rights Watch, World Report 2023: 

Venezuela, Jan. 13, 2023, available at https://

www.hrw.org/world-report/2023/country-chapters/ 

venezuela (last visited Jul. 13, 2023). 27 Inter-American Commission on Human Rights 

(IACHR), Annual Report 2022—Chapter IV.B— 

Venezuela, p.708, Apr. 20, 2023, available at 

https://www.oas.org/en/iachr/docs/annual/2022/ 

Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited 

Jul. 13, 2023). 28Food and Agriculture Organization of the 

United Nations (FAO), The Bolivarian Republic of 

Venezuela: Humanitarian Response Plan 2022– 

2023, p.1, 2023, available at https://www.fao.org/3/ 

cc6775en/cc6775en.pdf (last visited Jul. 14, 2023). 29Human Rights Watch, World Report 2023: 

Venezuela, Jan. 13, 2023, available at https://

www.hrw.org/world-report/2023/country-chapters/ 

venezuela (last visited Jul. 14, 2023). 

30 Inter-American Commission on Human Rights 

(IACHR), Annual Report 2022—Chapter IV.B— 

Continued 

country with impunity, subject 

Venezuelans to forced labor and forced 

criminality, and recruit or use child 

soldiers.14

Economic Collapse 

Since 2014, Venezuela has suffered 

from an ‘‘economic recession marked by 

hyperinflation, shortages of basic goods 

and a collapse in public services such 

as electricity and water.’’ 15 Recently, 

Venezuela’s economy has shown some 

signs of recovery; however, it is still in 

a precarious condition.16 In a report 

covering the period from May 2022 

through April 2023, the Office of the 

High Commissioner for Human Rights 

(OHCHR) noted that while economic 

growth which occurred in 2022 ‘‘would 

bring hope for improved economic 

prospects, persistent challenges and 

other factors continued to negatively 

affect essential public services, 

transport, education, and health.’’ 17

In its annual report covering 2022, the 

Inter-American Commission on Human 

Rights (IACHR) noted ‘‘the high rates of 

poverty and inequality in the country, 

in which there are estimates that more 

than 90% of the population lives in 

poverty.’’ 18 The same report stated that 

‘‘as of March 2022, HumVenezuela 

estimated that 94.5% of the population 

would not have sufficient income to 

cover items such as food, housing, 

health, education, transportation and 

clothing.’’ 19

Health Crisis 

Various sources have referred to 

severe problems with health systems in 

Venezuela, including the IACHR, 

Human Rights Watch, and the 

Congressional Research Service (CRS).20

Per The Associated Press, Venezuela’s 

‘‘health care system crumbled long 

before’’ the start of the COVID–19 

pandemic.21 Likewise, in its 2022 

annual report, the IACHR acknowledged 

that while the COVID–19 pandemic 

‘‘has had significant impacts on the 

health sector and the population, the 

serious affectations of the system 

preceded the health emergency.’’ 22

Elaborating on this topic, the IACHR 

identified ‘‘shortages of medicines, 

supplies, materials and medical 

treatment’’ as of 2018, and that the 

‘‘situation has been worsening since 

2014, and it is important to highlight 

that the health system has reportedly 

collapsed due to its persistent 

precariousness, which would have been 

exacerbated by the pandemic.’’ 23

According to OHCHR, health centers 

in Venezuela ‘‘report structural 

underfunding and understaffing 

resulting in for example, regular 

blackouts and water shortages.’’ 24 In its 

report on the humanitarian situation in 

Venezuela in 2022, the United Nations 

Office for the Coordination of 

Humanitarian Affairs (OCHA) noted that 

‘‘[h]ealth services continue to be 

affected by insufficient water and 

sanitation conditions and the lack of 

electricity supply in facilities.’’ 25

Similarly, Human Rights Watch stated 

in its annual report covering 2022 that 

‘‘[p]ower and water outages at 

healthcare centers—and emigration of 

healthcare workers—were further 

weakening operational capacity.’’ 26

Furthermore, the IACHR has reported 

that ‘‘98% of the hospitals in the 

country lack medicines, electrical plants 

and water, as well as failures in 

laboratories, reagents and wards. As a 

result, it is estimated that only between 

3 and 10% of the hospitals have medical 

and surgical material to solve medical 

circumstances.’’ 27

Food Insecurity 

In a humanitarian response plan 

published in 2023, the Food and 

Agriculture Organization of the United 

Nations (FAO) identified food insecurity 

as ‘‘the most pressing challenge for the 

population.’’ 28 Human Rights Watch 

stated in its annual report covering 2022 

that HumVenezuela reported in March 

2022 that ‘‘most Venezuelans face 

difficulties in accessing food, with 10.9 

million undernourished or chronically 

hungry. Some 4.3 million are deprived 

of food, sometimes going days without 

eating.’’ 29 Moreover, the IACHR noted 

in its 2022 annual report that ‘‘32% of 

children live in a situation of chronic 

malnutrition.’’ 30


ddrumheller on DSK120RN23PROD with NOTICES1
68134 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 

Venezuela, p.709, Apr. 20, 2023, available at 

https://www.oas.org/en/iachr/docs/annual/2022/ 

Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited 

Jul. 14, 2023). 

31ACAPS, ACAPS Anticipatory Note: 

Venezuela—Anticipation of flooding, 20 July 2023, 

July 20, 2023, available at https://reliefweb.int/ 

report/venezuela-bolivarian-republic/acapsanticipatory-note-venezuela-anticipation-flooding20-july-2023 (last visited Sept. 19, 2023). 

32 Id. 

33Reliefweb, Venezuela: Anticipatory Action for 

Floods—DREF Operation MDRVE008, July 11, 2023, 

available at https://reliefweb.int/report/venezuelabolivarian-republic/venezuela-anticipatory-actionsfloods-dref-operation-mdrve008 (last visited Sep. 

19, 2023). 

34 Id. 

35 Id. 

Heavy Rains and Flooding 

Since May 26, 2023, as hurricane 

season began, Venezuela has 

experienced heavy rains which resulted 

in flooding that affected several areas of 

the country.31 According to ACAPS, 

‘‘Between June and July there have been 

19 tropical waves, that have brought 

heavy rains, floods and landslides 

across the country.’’ 32 As of July 11, 

2023, the meteorological situation in 

Venezuela indicated ‘‘that rainfall and 

resulting damages are expected to be 

more severe than previous years.’’ 33

Reports of the damage caused by the 

heavy rains include 5,100 people 

affected with damage to houses and 

blockages in the drainage system in the 

state of Portuguesa.34 In another area— 

Delta Amacuro state—around 7,500 

people are affected by the 2023 floods.35

In summary, extraordinary and 

temporary conditions continue to 

prevent Venezuelan nationals from 

returning in safety due to a severe 

humanitarian emergency which has 

resulted in food insecurity and the 

inability to access adequate medicine, 

healthcare, water, electricity, and fuel. 

Additionally, human rights violations 

and abuses, high levels of poverty, high 

levels of crime and violence, and heavy 

rains and flooding prevent Venezuelan 

nationals from returning in safety and 

permitting Venezuelan noncitizens to 

remain in the United States temporarily 

would not be contrary to the interests of 

the United States. 

Based on this review and after 

consultation with appropriate U.S. 

Government agencies, the Secretary has 

determined that: 

• The conditions supporting 

Venezuela’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 extraordinary 

and temporary conditions in Venezuela 

that prevent Venezuelan nationals (or 

individuals having no nationality who 

last habitually resided in Venezuela) 

from returning to Venezuela in safety, 

and it is not contrary to the national 

interest of the United States to permit 

Venezuelan 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 existing designation of 

Venezuela for TPS (Venezuela 2021) 

should be extended for an 18-month 

period, beginning on March 11, 2024 

and ending on September 10, 2025. See 

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

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

• Due to the conditions described 

above, Venezuela should be 

redesignated for TPS beginning on 

October 3, 2023, and ending on April 2, 

2025. See INA sec. 244(b)(1)(C) and 

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

• For the redesignation, the Secretary 

has determined that TPS applicants 

must demonstrate that they have 

continuously resided in the United 

States since July 31, 2023. 

• Initial TPS applicants under the 

redesignation must demonstrate that 

they have been continuously physically 

present in the United States since 

October 3, 2023, the effective date of the 

redesignation of Venezuela for TPS. 

• There are approximately 243,000 

current Venezuela TPS beneficiaries 

who are eligible to re-register for TPS 

under the extension. 

• It is estimated that approximately 

472,000 additional individuals may be 

eligible for TPS under the redesignation 

of Venezuela. This population includes 

Venezuelan nationals in the United 

States in nonimmigrant status or 

without immigration status. 

Notice of the Designation of Venezuela 

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 Venezuela’s 

designation for TPS on the basis of 

extraordinary and temporary conditions 

are met and it is not contrary to the 

national interest of the United States to 

allow Venezuelan TPS beneficiaries to 

remain in the United States temporarily. 

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

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

determination, I am extending the 

existing designation of Venezuela for 

TPS for 18 months, beginning on March 

11, 2024, and ending on September 10, 

2025. 

Additionally, and also on the basis of 

this determination, I am redesignating 

Venezuela for TPS for 18 months, 

beginning on October 3, 2023 and 

ending on April 2, 2025. See INA sec. 

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

1254a(b)(1), and (b)(2). I estimate 

approximately 472,000 individuals may 

be newly eligible for TPS under the 

redesignation of Venezuela. 

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 or re-register for TPS based 

on the designation of Venezuela, you 

must submit a Form I–821, Application 

for Temporary Protected Status. Reregistration under this notice applies to 

TPS beneficiaries whose re-registration 

application was approved under the 

TPS extension announced on September 

8, 2022, who have been issued Form I– 

797, Notice of Action, indicating 

approval of their TPS application and 

an EAD with a March 10, 2024, 

expiration date. Individuals with an 

EAD with a March 10, 2024, expiration 

date who want to receive an EAD with 

the September 10, 2025, expiration date 

must re-register pursuant to the 

instructions noted in this FRN. If you 

are submitting an initial TPS 

application, you must pay the filing fee 

for Form I–821 (or request a fee waiver, 

which you may submit on Form I–912, 

Request for Fee Waiver). If you are filing 

an application to re-register for TPS, you 

do not need to pay the fee. See 8 CFR 

244.17. You may need 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 initial 

Venezuela TPS application (Form I–821) 

that was still pending as of October 3, 

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 April 2, 2025. 

Individuals who are current 

beneficiaries under the Venezuela 2021 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 68135 

36Find information about online filing at ‘‘Forms 

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

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

37https://myaccount.uscis.gov/users/sign_up. 

designation and have a re-registration 

application (Form I–821) and/or 

Application for Employment 

Authorization (Form I–765) pending as 

of October 3, 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 September 10, 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. 

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). The 

instructions for Form I–821 and Form I– 

765 also provide more 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. If you want to 

obtain an EAD, you must file 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 with their TPS application, or 

separately later, if their TPS application 

is still pending or has been approved. 

Beneficiaries with an initial Venezuela 

TPS-related Form I–765 that was still 

pending as of October 3, 2023, do not 

need to file the application again. If 

USCIS approves a pending TPS-related 

Form I–765, USCIS will issue the 

individual a new EAD that will be valid 

through April 2, 2025. Individuals who 

are current beneficiaries under the 

Venezuela 2021 designation and have a 

re-registration application (Form I–821) 

and/or Application for Employment 

Authorization (Form I–765) pending as 

of October 3, 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 September 10, 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. 

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 

You may 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 may request an EAD by 

submitting a completed Form I–765 

with their Form I–821. 

Online filing: Form I–821 and Form I– 

765 are available for concurrent filing 

online.36 To file these forms online, you 

must first create a USCIS online 

account.37

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

If you live in: Then, mail your application to: 

California, Texas ....................................................................................... U.S. Postal Service (USPS): USCIS, Attn: TPS Venezuela, P.O. Box 

20300, Phoenix, AZ 85036–0300. 

FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Venezuela (Box 

20300), 2108 E Elliot Rd., Tempe, AZ 85284–1806. 

Florida ....................................................................................................... U.S. Postal Service (USPS): USCIS, Attn: TPS Venezuela, P.O. Box 

660864, Dallas, TX 75266–0864. 

FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Venezuela (Box 

660864), 2501 S State Highway, 121 Business, Suite 400, Lewisville, 

TX 75067–8003. 

Illinois, Indiana, Massachusetts, New Jersey, New York, North Carolina, Utah, Virginia.U.S. Postal Service (USPS): USCIS, Attn: Venezuela, P.O. Box 4091, 

Carol Stream, IL 60197–4091. 

FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Venezuela (Box 

4091), 2500 Westfield Drive, Elgin, IL 60124–7836. 

All other states, District of Columbia, and U.S. Territories ...................... U.S. Postal Service (USPS): USCIS, Attn: TPS Venezuela, P.O. Box 

805282, Chicago, IL 60680–5285. 

FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Venezuela (Box 

805282), 131 South Dearborn Street, 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 you file online, 

please include the fee. If you file by 

mail, please include the fee or fee 

waiver request. When you request 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
68136 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 

Supporting Documents 

The filing instructions on 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 (that is, registering) for TPS 

on the USCIS website at https://

www.uscis.gov/tps under ‘‘Venezuela.’’ 

Travel 

TPS beneficiaries may also apply for 

and be granted travel authorization as a 

matter of discretion. You must file for 

travel authorization if you wish to travel 

outside of the United States. If granted, 

travel authorization gives you 

permission to leave the United States 

and return during a specific period. To 

request travel authorization, you must 

file Form I–131, Application for Travel 

Document, available at https://

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

I–131 together with your Form I–821 or 

separately. When filing Form I–131, you 

must: 

• Select Item Number 1.d. in Part 2 

on the Form I–131; and 

• Submit the fee for Form I–131, or 

request a fee waiver, which you may 

submit on Form I–912, Request for Fee 

Waiver. 

If you are filing Form I–131 together 

with Form I–821, send your forms to the 

address listed in Table 1. If you are 

filing Form I–131 separately based on a 

pending or approved Form I–821, send 

your form to the address listed in Table 

2 and include a copy of Form I–797 for 

the approved or pending Form I–821. 

TABLE 2—MAILING ADDRESSES

If you are . . . Mail to . . . 

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

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

you are using the U.S. Postal Service (USPS): 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. USCIS may 

require you to visit an Application 

Support Center to submit biometrics. 

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/dhsuscispia060-customer-profile-managementservice-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 

March 10, 2025, through this Federal 

Register notice? 

Yes. Regardless of your country of 

birth, if you currently have a Venezuela 

TPS-based EAD with the notation A–12 

or C–19 under Category and a Card 

Expires date of March 10, 2024, or 

September 9, 2022, this Federal Register 

notice automatically extends your EAD 

through March 10, 2025. Although this 

Federal Register notice automatically 

extends your EAD through March 10, 

2025, 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 more information. If your 

EAD states A–12 or C–19 under 

Category and has a Card Expires date of 

March 10, 2024, or September 9, 2022, 

this Federal Register notice extends it 

automatically, and you may choose to 

present your EAD to your employer as 

proof of identity and employment 

eligibility for Form I–9 through March 

10, 2025, unless your TPS has been 

withdrawn or your request for TPS has 

been denied. Your country of birth 

noted on the EAD does not have to 


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reflect the TPS-designated country of 

Venezuela 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 Expires 

date and Category code, they 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 more 

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 March 10, 

2025, but you are not required to do so. 

The last day of the automatic EAD 

extension is March 10, 2025. Before you 

start work on March 11, 2025, 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/benefit, can I obtain 

a new TPS-based EAD? 

Yes, if you are eligible for TPS, you 

can obtain a new TPS-based EAD, even 

if you have an EAD or work 

authorization based on another 

immigration status or benefit. If you are 

a current TPS beneficiary under 

Venezuela 2021 and want to obtain a 

new TPS-based EAD valid through 

September 10, 2025, or if you are 

applying for TPS for the first time under 

Venezuela 2023 and want to obtain a 

TPS-based EAD valid through April 2, 

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 

Venezuelan 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 

other documentation, such as proof of 

Venezuelan 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 if 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 March 10, 2025: 

1. For Section 1, you should: 

a. Check ‘‘A noncitizen authorized to 

work until’’ and enter March 10, 2025, 

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 whether the EAD is autoextended by ensuring it is in category 

A–12 or C–19 and has a Card Expires 

date of March 10, 2024 or September 9, 

2022; 

b. Write in the document title; 

c. Enter the issuing authority; 

d. Provide the document number; and 

e. Write March 10, 2025, as the 

expiration date. 

Before the start of work on March 11, 

2025, 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 whether your EAD is 

automatically extended by ensuring that 

it contains Category A–12 or C–19 and 

has a Card Expires date of March 10, 

2024 or September 9, 2022. 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 March 10, 

2025, 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 March 11, 2025, 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 EVerify, 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 March 10, 2025, as the 

expiration date for an EAD that has been 

extended under this Federal Register 

notice. 

If I am an employer enrolled in EVerify, 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
68138 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 

Before this employee starts work on 

March 11, 2025, 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 I-9Central@

uscis.dhs.gov. USCIS accepts calls and 

emails in English and many other 

languages. For questions about avoiding 

discrimination during the employment 

eligibility verification process (Form I– 

9 and E-Verify), employers may call the 

U.S. Department of Justice, Civil Rights 

Division, Immigrant and Employee 

Rights Section (IER) Employer Hotline 

at 800–255–8155 (TTY 800–237–2515). 

IER offers language interpretation in 

numerous languages. Employers may 

also email IER at IER@usdoj.gov or get 

more information online at 

www.justice.gov/ier. 

Note to Employees 

For general questions about the 

employment eligibility verification 

process, employees may call USCIS at 

888–897–7781 (TTY 877–875–6028) or 

email USCIS at I-9Central@

uscis.dhs.gov. USCIS accepts calls in 

English, Spanish and many other 

languages. Employees or job applicants 

may also call the U.S. Department of 

Justice, Civil Rights Division, Immigrant 

and Employee Rights Section (IER) 

Worker Hotline at 800–255–7688 (TTY 

800–237–2515) for information 

regarding employment discrimination 

based on citizenship, immigration 

status, or national origin, including 

discrimination related to Form I–9 and 

E-Verify. The IER Worker Hotline 

provides language interpretation in 

numerous languages. 

To comply with the law, employers 

must accept any document or 

combination of documents from the 

Lists of Acceptable Documents if the 

documentation reasonably appears to be 

genuine and to relate to the employee, 

or an acceptable List A, List B, or List 

C receipt as described in the Form I–9 

Instructions. Employers may not require 

extra or additional documentation other 

than what is required to complete Form 

I–9. 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 

these employees an opportunity 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 Venezuela; 

• 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 about 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Notices 68139 

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. 2023–21865 Filed 9–29–23; 4:15 pm] 

BILLING CODE P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–7070–N–66] 

30-Day Notice of Proposed Information 

Collection: Green and Resilient Retrofit 

Program (GRRP) Application Forms; 

OMB Control No.: 2502–0624 

AGENCY: Office of Policy Development 

and Research, Chief Data Officer, HUD. 

ACTION: Notice. 

SUMMARY: HUD is seeking approval from 

the Office of Management and Budget 

(OMB) for the information collection 

described below. In accordance with the 

Paperwork Reduction Act, HUD is 

requesting comment from all interested 

parties on the proposed collection of 

information. The purpose of this notice 

is to allow for an additional 30 days of 

public comment. 

DATES: Comments Due Date: November 

2, 2023. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. Interested persons are 

also invited to submit comments 

regarding this proposal and comments 

should refer to the proposal by name 

and/or OMB Control Number and 

should be sent to: Colette Pollard, 

Clearance Officer, REE, Department of 

Housing and Urban Development, 451 

7th Street SW, Room 8210, Washington, 

DC 20410–5000; email 

PaperworkReductionActOffice@

hud.gov. 

FOR FURTHER INFORMATION CONTACT: 

Colette Pollard, Reports Management 

Officer, REE, Department of Housing 

and Urban Development, 451 7th Street 

SW, Washington, DC 20410; email 

Colette.Pollard@hud.gov or telephone 

202–402–3400. This is not a toll-free 

number. HUD welcomes and is prepared 

to receive calls from individuals who 

are deaf or hard of hearing, as well as 

individuals with speech or 

communication disabilities. To learn 

more about how to make an accessible 

telephone call, please visit: https://

www.fcc.gov/consumers/guides/ 

telecommunications-relay-service-trs. 

Copies of available documents 

submitted to OMB may be obtained 

from Ms. Pollard. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that HUD is 

seeking approval from OMB for the 

information collection described in 

Section A. 

The Federal Register notice that 

solicited public comment on the 

information collection for a period of 60 

days was published on August 1, 2023 

at 88 FR 50166. 

A. Overview of Information Collection 

Title of Information Collection: Green 

and Resilient Retrofit Program (GRRP) 

Application Forms. 

OMB Approval Number: 2502–0624. 

OMB Expiration Date: 8/31/2023. 

Type of Request: Revision of a 

currently approved collection. 

Form Numbers: HUD 5991, HUD 

5992, and HUD 5993. 

Description of the need for the 

information and proposed use: The 

Green and Resilient Retrofit Program 

(‘‘GRRP’’) is newly funding through 

Title III of the Inflation Reduction Act 

of 2022, H.R. 5376 (IRA), in section 

30002 titled ‘‘Improving Energy 

Efficiency or Water Efficiency or 

Climate Resilience of Affordable 

Housing’’ (the ‘‘IRA’’), authorizing HUD 

to make loans, grants to improve energy 

or water efficiency; enhance indoor air 

quality or sustainability; implement the 

use of zero-emission electricity 

generation, low-emission building 

materials or processes, energy storage, 

or building electrification strategies; or 

address climate resilience of eligible 

HUD-assisted multifamily properties. 

The program leverages significant 

technological advancements in utility 

efficiency and adds a focus on preparing 

for climate hazards—both reducing 

residents’ and properties’ exposure to 

hazards and protecting life, livability, 

and property when disaster strikes. 

With its dual focus, GRRP is the first 

program to consider, at the national 

scale, how best to approach both green 

and energy efficiency upgrades 

simultaneously with investment in 

climate resilience strategies in 

multifamily housing. HUD is taking a 

multi-faceted approach to deploy these 

funds multiple funding rounds and for 

properties at different development 

stages. 

Funding under this program will be 

made through multiple cohorts under 

one or multiple Notices of Funding 

Opportunity (NOFOs) that will detail 

the application process for eligible 

applicants. This collection is necessary 

in order to receive applications 

requesting funding under this program. 

Respondents: HUD-assisted 

multifamily owners. 

Estimated Number of Respondents: 

680. 

Estimated Number of Responses: 680. 

Frequency of Response: Once per 

application. 

Average Hours per Response: 15 

hours. 

Total Estimated Burden: 10,200. 

B. Solicitation of Public Comment 

This notice is soliciting comments 

from members of the public and affected 

parties concerning the collection of 

information described in Section A on 

the following: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(2) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) Ways to minimize the burden of 

the collection of information on those 

who are to respond; including through 

the use of appropriate automated 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

(5) ways to minimize the burden of 

the collection of information on those 

who are to respond, including the use 

of automated collection techniques or 

other forms of information technology. 

HUD encourages interested parties to 

submit comment in response to these 

questions. 


ddrumheller on DSK120RN23PROD with NOTICES1