Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 43695 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2626–18; DHS Docket No. USCIS– 

2013–0006] 

RIN 1615–ZB77 

Extension of the Designation of 

Somalia for Temporary Protected 

Status 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: Through this Notice, the 

Department of Homeland Security 

(DHS) announces that the Secretary of 

Homeland Security (Secretary) is 

extending the designation of Somalia for 

Temporary Protected Status (TPS) for 18 

months, from September 18, 2018, 

through March 17, 2020. The extension 

allows currently eligible TPS 

beneficiaries to retain TPS through 

March 17, 2020, so long as they 

otherwise continue to meet the 

eligibility requirements for TPS. 

This Notice also sets forth procedures 

necessary for nationals of Somalia (or 

aliens having no nationality who last 

habitually resided in Somalia) to reregister for TPS and to apply for 

Employment Authorization Documents 

(EADs) with U.S. Citizenship and 

Immigration Services (USCIS). USCIS 

will issue new EADs with a March 17, 

2020 expiration date to eligible Somalia 

TPS beneficiaries who timely re-register 

and apply for EADs under this 

extension. 

DATES: Extension of Designation of 

Somalia for TPS: The 18-month 

extension of the TPS designation of 

Somalia is effective September 18, 2018, 

and will remain in effect through March 

17, 2020. The 60-day re-registration 

period runs from August 27, 2018 

through October 26, 2018. (Note: It is 

important for re-registrants to timely reregister during this 60-day period and 

not to wait until their EADs expire.) 

FOR FURTHER INFORMATION CONTACT: 

• You may contact Samantha 

Deshommes, Branch Chief, Regulatory 

Coordination Division, Office of Policy 

and Strategy, U.S. Citizenship and 

Immigration Services, U.S. Department 

of Homeland Security, 20 Massachusetts 

Avenue NW, Washington, DC 20529– 

2060; or by phone at 800–375–5283. 

• For further information on TPS, 

including guidance on the reregistration process and additional 

information on eligibility, please visit 

the USCIS TPS web page at http://

www.uscis.gov/tps. You can find 

specific information about this 

extension of Somalia’s TPS designation 

by selecting ‘‘Somalia’’ from the menu 

on the left side of the TPS web page. 

• If you have additional questions 

about Temporary Protected Status, 

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. 

• Applicants seeking information 

about the status of their individual cases 

may check Case Status Online, available 

on the USCIS website at http://

www.uscis.gov, or call the USCIS 

Contact Center at 800–375–5283 (TTY 

800–767–1833). 

• 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 

FR—Federal Register 

Government—U.S. Government 

IJ—Immigration Judge 

INA—Immigration and Nationality Act 

IER—U.S. Department of Justice Civil Rights 

Division, Immigrant and Employee Rights 

Section 

SAVE—USCIS Systematic Alien Verification 

for Entitlements Program 

Secretary—Secretary of Homeland Security 

TNC—Tentative Nonconfirmation 

TPS—Temporary Protected Status 

TTY—Text Telephone 

USCIS—U.S. Citizenship and Immigration 

Services 

U.S.C.—United States Code 

Through this Notice, DHS sets forth 

procedures necessary for eligible 

nationals of Somalia (or aliens having 

no nationality who last habitually 

resided in Somalia) to re-register for 

TPS and to apply for renewal of their 

EADs with USCIS. Re-registration is 

limited to persons who have previously 

registered for TPS under the designation 

of Somalia and whose applications have 

been granted. 

For individuals who have already 

been granted TPS under Somalia’s 

designation, the 60-day re-registration 

period runs from August 27, 2018 

through October 26, 2018. USCIS will 

issue new EADs with a March 17, 2020 

expiration date to eligible Somali TPS 

beneficiaries who timely re-register and 

apply for EADs. Given the timeframes 

involved with processing TPS reregistration applications, DHS 

recognizes that not all re-registrants will 

receive new EADs before their current 

EADs expire on September 17, 2018. 

Accordingly, through this Federal 

Register notice, DHS automatically 

extends the validity of EADs issued 

under the TPS designation of Somalia 

for 180 days, through March 16, 2019. 

Additionally, individuals who have 

EADs with an expiration date of March 

17, 2017, and who applied for a new 

EAD during the last re-registration 

period but have not yet received their 

new EADs are also covered by this 

automatic extension. These individuals 

may show their EAD indicating a March 

17, 2017, expiration date and their EAD 

application receipt (Notice of Action, 

Form I–797C) that notes the application 

was received on or after January 17, 

2017, to employers as proof of 

continued employment authorization 

through March 16, 2019. 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, 

and E-Verify processes. 

Individuals who have a Somalia TPS 

Form I–821 and/or Form I–765 that was 

still pending as of August 27, 2018 do 

not need to file either application again. 

If the TPS application is approved, the 

individual will be granted TPS through 

March 17, 2020. Similarly, if a pending 

TPS-related application for an EAD is 

approved, it will be valid through the 

same date. There are approximately 500 

current beneficiaries under Somalia’s 

TPS designation. 

What is Temporary Protected Status 

(TPS)? 

• TPS is a temporary immigration 

status granted to eligible nationals of a 

country designated for TPS under the 

INA, or to eligible persons without 

nationality who last habitually resided 

in the designated country. 

• 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 discretion. 

• The granting of TPS does not result 

in or lead to lawful permanent resident 

status. 

• 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). 


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43696 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 

1As of March 1, 2003, in accordance with section 

1517 of title XV of the Homeland Security Act of 

2002, Public Law 107–296, 116 Stat. 2135, any 

reference to the Attorney General in a provision of 

the INA describing functions transferred from the 

Department of Justice to DHS ‘‘shall be deemed to 

refer to the Secretary’’ of Homeland Security. See 

6 U.S.C. 557 (codifying the Homeland Security Act 

of 2002, tit. XV, section 1517). 

• When the Secretary terminates a 

country’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 been 

terminated); or 

Æ Any other lawfully obtained 

immigration status or category they 

received while registered for TPS, as 

long as it is still valid beyond the date 

TPS terminates. 

When was Somalia designated for TPS? 

Somalia was initially designated on 

September 16, 1991, on the basis of 

extraordinary and temporary conditions 

in Somalia that prevented nationals of 

Somalia from safely returning. See 

Designation of Nationals of Somalia for 

Temporary Protected Status, 56 FR 

46804 (Sept. 16, 1991). Somalia’s 

designation for TPS has been 

consecutively extended since its initial 

designation in 1991. Additionally, 

Somalia was newly designated for TPS 

in 2001, again based on extraordinary 

and temporary conditions. See 

Extension and Redesignation of Somalia 

under Temporary Protected Status 

Program, 66 FR 46288 (Sept. 4, 2001). In 

2012, Somalia was again newly 

designated for TPS on the basis of 

extraordinary and temporary conditions 

and under the additional basis of 

ongoing armed conflict. See Extension 

and Redesignation of Somalia for 

Temporary Protected Status, 77 FR 

25723 (May 1, 2012). Somalia’s 2012 

TPS designation was subsequently 

extended in 2013, 2015, and, most 

recently, January 2017. See Extension of 

the Designation of Somalia for 

Temporary Protected Status, 82 FR 4905 

(Jan. 17, 2017). 

What authority does the Secretary have 

to extend the designation of Somalia 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 

(Government), to designate a foreign 

state (or part thereof) for TPS if the 

Secretary determines that certain 

country conditions exist.1 The Secretary 

may then grant TPS to eligible nationals 

of that foreign state (or eligible aliens 

having no nationality who last 

habitually resided in the designated 

country). See INA section 244(a)(1)(A), 

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

At least 60 days before the expiration 

of a country’s TPS designation or 

extension, the Secretary, after 

consultation with appropriate 

Government agencies, must review the 

conditions in the foreign state 

designated for TPS to determine 

whether the conditions for the TPS 

designation continue to be met. See INA 

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

1254a(b)(3)(A). If the Secretary does not 

determine that the foreign state no 

longer meets the conditions for TPS 

designation, the designation will be 

extended for an additional period of 6 

months or, in the Secretary’s discretion, 

12 or 18 months. See INA section 

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

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

determines that the foreign state no 

longer meets the conditions for TPS 

designation, the Secretary must 

terminate the designation. See INA 

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

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

Why is the Secretary extending the TPS 

designation for Somalia through March 

17, 2020? 

DHS has reviewed conditions in 

Somalia. Based on the review, including 

input received from other U.S. 

Government agencies, the Secretary has 

determined that an 18-month extension 

is warranted because the ongoing armed 

conflict and extraordinary and 

temporary conditions supporting 

Somalia’s TPS designation persist. 

Somalia’s security situation remains 

fragile and volatile, with ongoing armed 

conflict among government forces, clan 

militias, African Union Mission in 

Somalia (AMISOM) troops, and alShabaab. Somalia continues to 

experience one of the largest 

humanitarian crises in the world. An 

estimated 5.4 million Somalis (out of a 

total population of approximately 12.3 

million) are in need of assistance. 

Although more than 118,000 refugees 

have returned to Somalia since 2014, 

new conflict patterns, drought, and 

flooding have driven over 819,000 

people to flee to neighboring countries 

as of May 31, 2018. 

Civilians continue to be threatened by 

violence in Somalia. From January 

2016–October 2017, at least 2,078 

civilians were killed by armed groups. 

Al-Shabaab continues to wage an armed 

insurgency against the Federal 

Government of Somalia (FGS). The 

group has reasserted its territorial reach 

across substantial territory in southern 

Somalia from which it continues to 

launch coordinated mass attacks on 

Somali and AMISOM military bases. 

Somalia’s Puntland region is home to a 

splinter group of Al-Shabaab that has 

sworn allegiance to the self-described 

Islamic State (IS). This group has carried 

out a number of suicide bombings, 

assassinations, and small arms attacks 

in Puntland in the past year. 

Parts of Somalia remained trapped in 

unresolved inter-clan conflicts. Clan 

and government-aligned militias 

continue to carry out extrajudicial 

killings, extortion, arbitrary arrests, and 

rape of civilians. Clan tensions are 

typically exacerbated in times of 

drought when massive numbers of 

people and livestock move across 

traditional clan ‘‘boundaries’’ in search 

of water and pasture. In particular, a 

series of clashes in north-central 

Somalia in the last two years has 

triggered the displacement of 75,000 to 

100,000 civilians. 

Over 2.1 million Somalis are 

internally displaced—nearly double 

from the 2012 TPS designation. Forced 

evictions increased in 2017, with over 

200,000 reported evictions, according to 

the United Nations. Forced evictions 

continue in 2018, undermining 

humanitarian efforts to assist Somalia’s 

internally displaced populations. 

Decades of insecurity have devastated 

Somalia’s physical infrastructure. 

Humanitarian agencies cite the need for 

the rehabilitation of crucial 

infrastructure, including airstrips, roads, 

and ports. 

Somalia has experienced some recent 

economic gains, with gross domestic 

product (GDP) slightly improving each 

of the past three years. Despite modest 

improvements, Somalia is among the 

poorest countries in the world. 

Based upon this review and after 

consultation with appropriate 

Government agencies, the Secretary has 

determined that: 

• The conditions supporting 

Somalia’s designation for TPS continue 

to be met. See INA section 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 Somalia and, due to 

such conflict, requiring the return of 

Somali nationals (or aliens having no 

nationality who last habitually resided 

in Somalia) to Somalia would pose a 

serious threat to their personal safety. 

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

1254a(b)(1)(A). 

• There continue to be extraordinary 

and temporary conditions in Somalia 

that prevent Somali nationals (or aliens 

having no nationality who last 

habitually resided in Somalia) from 

returning to Somalia in safety, and it is 

not contrary to the national interest of 

the United States to permit Somali TPS 


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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 43697 

beneficiaries to remain in the United 

States temporarily. See INA section 

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

• The designation of Somalia for TPS 

should be extended for an 18-month 

period, from September 18, 2018 

through March 17, 2020. See INA 

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

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

Notice of Extension of the TPS 

Designation of Somalia 

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 

Government agencies, the conditions 

supporting Somalia’s designation for 

TPS continue to be met. See INA section 

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

the basis of this determination, I am 

extending the existing designation of 

TPS for Somalia for 18 months, from 

September 18, 2018, through March 17, 

2020. See INA section 244(b)(1)(A), 

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

(b)(1)(C). 

Kirstjen M. Nielsen, 

Secretary. 

Required Application Forms and 

Application Fees To Re-Register for 

TPS 

To re-register for TPS based on the 

designation of Somalia, you must 

submit an Application for Temporary 

Protected Status (Form I–821). You do 

not need to pay the filing fee for the 

Form I–821. See 8 CFR 244.17. You may 

be required to pay the biometric services 

fee. Please see additional information 

under the ‘‘Biometric Services Fee’’ 

section of this Notice. 

Through operation of this Federal 

Register notice, your existing EAD 

issued under the TPS designation of 

Somalia with the expiration date of 

September 17, 2018, is automatically 

extended for 180 days, through March 

16, 2019. However, if you want to obtain 

a new EAD valid through March 17, 

2020, you must file an Application for 

Employment Authorization (Form I– 

765) and pay the Form I–765 fee (or 

request a fee waiver). If you do not want 

a new EAD, you do not have to file 

Form I–765 or pay the Form I–765 fee. 

If you do not want to request a new EAD 

now, you may also file Form I–765 at a 

later date and pay the fee (or request a 

fee waiver), provided that you still have 

TPS or a pending TPS application. 

Additionally, individuals who have 

EADs with an expiration date of March 

17, 2017, and who applied for a new 

EAD during the last re-registration 

period but have not yet received their 

new EADs are also covered by this 

automatic extension through March 16, 

2019. You do not need to apply for a 

new EAD in order to benefit from this 

180-day automatic extension. If you 

have a Form I–821 and/or Form I–765 

that was still pending as of August 27, 

2018, then you do not need to file either 

application again. If your pending TPS 

application is approved, you will be 

granted TPS through March 17, 2020. 

Similarly, if you have a pending TPSrelated application for an EAD that is 

approved, it will be valid through the 

same date. 

You may file the application for a new 

EAD either prior to or after your current 

EAD has expired. However, you are 

strongly encouraged to file your 

application for a new EAD as early as 

possible to avoid gaps in the validity of 

your employment authorization 

documentation and to ensure that you 

receive your new EAD by March 16, 

2019. 

For more information on the 

application forms and fees for TPS, 

please visit the USCIS TPS web page at 

http://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)(i). 

Biometric Services Fee 

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 for the biometric services fee, you 

may complete a Form I–912 or submit 

a personal letter requesting a fee waiver, 

with satisfactory supporting 

documentation. For more information 

on the biometric services fee, please 

visit the USCIS website at http://

www.uscis.gov. If necessary, you may be 

required to visit an Application Support 

Center to have your biometrics 

captured. For additional information on 

the USCIS biometrics screening process, 

please see the USCIS Customer Profile 

Management Service Privacy Impact 

Assessment, available at www.dhs.gov/ 

privacy. 

Refiling a Re-Registration TPS 

Application After Receiving a Denial of 

a Fee Waiver Request 

You should file as soon as possible 

within the 60-day re-registration period 

so USCIS can process your application 

and issue any EAD promptly. Properly 

filing early will also allow you to have 

time to refile your application before the 

deadline, should USCIS deny your fee 

waiver request. If, however, you receive 

a denial of your fee waiver request and 

are unable to refile by the re-registration 

deadline, you may still refile your Form 

I–821 with the biometrics fee. This 

situation will be reviewed to determine 

whether you established good cause for 

late TPS re-registration. However, you 

are urged to refile within 45 days of the 

date on any USCIS fee waiver denial 

notice, if possible. See INA section 

244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 

CFR 244.17(b). For more information on 

good cause for late re-registration, visit 

the USCIS TPS web page at http://

www.uscis.gov/tps. Following denial of 

your fee waiver request, you may also 

refile your Form I–765 with fee either 

with your Form I–821 or at a later time, 

if you choose. 

Note: Although re-registering TPS 

beneficiaries age 14 and older must pay 

the biometric services fee (but not the 

Form I–821 fee) when filing a TPS reregistration application, you may decide 

to wait to request an EAD. Therefore, 

you do not have to file the Form I–765 

or pay the associated Form I–765 fee (or 

request a fee waiver) at the time of reregistration, and could wait to seek an 

EAD until after USCIS has approved 

your TPS re-registration application. If 

you choose to do this, to re-register for 

TPS you would only need to file the 

Form I–821 with the biometrics services 

fee, if applicable, (or request a fee 

waiver). 

Mailing Information 

Mail your application for TPS to the 

proper address in Table 1. 

TABLE 1—MAILING ADDRESSES

If you would like to 

send your application 

by: 

Then, mail your application to: 

U.S. Postal Service ... U.S. Citizenship and 

Immigration Services, Attn: TPS Somalia, P.O. Box 

6943, Chicago, IL 

60680–6943. 

A non-U.S. Postal 

Service courier.

U.S. Citizenship and 

Immigration Services, Attn: TPS Somalia, 131 S. 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 or are reregistering for the first time following a 

grant of TPS by an IJ or the BIA, please 

mail your application to the appropriate 

mailing address in Table 1. When reregistering and 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. 


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43698 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 

This will help us to 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 or registering for TPS on 

the USCIS website at www.uscis.gov/tps 

under ‘‘Somalia.’’ 

Employment Authorization Document 

(EAD) 

How can I obtain information on the 

status of my EAD request? 

To get case status information about 

your TPS application, including the 

status of an EAD request, you can check 

Case Status Online at http://

www.uscis.gov, or call the USCIS 

National Contact Center at 800–375– 

5283 (TTY 800–767–1833). If your Form 

I–765 has been pending for more than 

90 days, and you still need assistance, 

you may request an EAD inquiry 

appointment with USCIS by using the 

InfoPass system at https://

infopass.uscis.gov. However, we 

strongly encourage you first to check 

Case Status Online or call the USCIS 

National Contact Center for assistance 

before making an InfoPass appointment. 

Am I eligible to receive an automatic 

180-day extension of my current EAD 

through March 16, 2019, using this 

Federal Register notice? 

Yes. Provided that you currently have 

a Somalia TPS-based EAD, this Federal 

Register notice automatically extends 

your EAD through March 16, 2019, if 

you: 

• Are a national of Somalia (or an 

alien having no nationality who last 

habitually resided in Somalia); and 

either 

• Have an EAD with a marked 

expiration date of September 17, 2018, 

bearing the notation A–12 or C–19 on 

the face of the card under Category, or 

• Have an EAD with a marked 

expiration date of March 17, 2017, 

bearing the notation A–12 or C–19 on 

the face of the card under Category and 

you applied for a new EAD during the 

last re-registration period but have not 

yet received a new EAD. 

Although this Federal Register notice 

automatically extends your EAD 

through March 16, 2019, you must reregister timely for TPS in accordance 

with the procedures described in this 

Federal Register notice if you would 

like to maintain your TPS. 

When hired, what documentation may I 

show to my employer as evidence of 

employment authorization and identity 

when completing Employment 

Eligibility Verification (Form I–9)? 

You can find a list of acceptable 

document choices on the ‘‘Lists of 

Acceptable Documents’’ for Form I–9. 

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 is evidence of 

employment authorization), or you may 

present an acceptable receipt for List A, 

List B, or List C documents as described 

in the Form I–9 Instructions. Employers 

may not reject a document based on a 

future expiration date. You can find 

additional detailed information about 

Form I–9 on USCIS’ I–9 Central web 

page at http://www.uscis.gov/I-9Central. 

An EAD is an acceptable document 

under List A. If your EAD has an 

expiration date of September 17, 2018, 

or March 17, 2017 (and you applied for 

a new EAD during the last reregistration period but have not yet 

received a new EAD), and states A–12 

or C–19 under Category, it has been 

extended automatically by virtue of this 

Federal Register notice and you may 

choose to present this Notice along with 

your EAD to your employer as proof of 

identity and employment eligibility for 

Form I–9 through March 16, 2019, 

unless your TPS has been withdrawn or 

your request for TPS has been denied. 

If you have an EAD with a marked 

expiration date of September 17, 2018, 

that states A–12 or C–19 under 

Category, and you properly filed for a 

new EAD in accordance with this 

Notice, you will also receive Form I– 

797C, Notice of Action that will state 

your EAD is automatically extended for 

180 days. You may choose to present 

your EAD to your employer together 

with this Form I–797C as a List A 

document that provides evidence of 

your identity and employment 

authorization for Form I–9 through 

March 16, 2019, unless your TPS has 

been withdrawn or your request for TPS 

has been denied. See the subsection 

titled, ‘‘How do my employer and I 

complete the Employment Eligibility 

Verification (Form I–9) using an 

automatically extended EAD for a new 

job?’’ for further information. 

To reduce confusion over this 

extension at the time of hire, you should 

explain to your employer that your EAD 

has been automatically extended 

through March 16, 2019. You may also 

provide your employer with a copy of 

this Federal Register notice, which 

explains that your EAD has been 

automatically extended. As an 

alternative to presenting evidence of 

your automatically extended EAD, you 

may choose to present any other 

acceptable document from List A, a 

combination of one selection from List 

B and one selection from List C, or a 

valid receipt. 

What documentation may I present to 

my employer for Employment Eligibility 

Verification (Form I–9) if I am already 

employed but my current TPS-related 

EAD is set to expire? 

Even though your EAD has been 

automatically extended, your employer 

is required by law to ask you about your 

continued employment authorization no 

later than before you start work on 

September 18, 2018. You will need to 

present your employer with evidence 

that you are still authorized to work. 

Once presented, you may correct your 

employment authorization expiration 

date in Section 1 and your employer 

should correct the EAD expiration date 

in Section 2 of Form I–9. See the 

subsection titled, ‘‘What corrections 

should my current employer and I make 

to Employment Eligibility Verification 

(Form I–9) if my employment 

authorization has been automatically 

extended?’’ 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 your EAD 

has been automatically extended 

through March 16, 2019. Your employer 

may need to re-inspect your 

automatically extended EAD to check 

the expiration date and Category code if 

your employer did not keep a copy of 

this EAD when you initially presented 

it. In addition, if you have an EAD with 

a marked expiration date of September 

17, 2018 that states A–12 or C–19 under 

Category, and you properly filed your 

Form I–765 to obtain a new EAD, you 

will receive a Form I–797C, Notice of 

Action. Form I–797C will state that your 

EAD is automatically extended for 180 

days. You may present Form I–797C to 

your employer along with your EAD to 

confirm that the validity of your EAD 

has been automatically extended 

through March 16, 2019, unless your 

TPS has been withdrawn or your 

request for TPS has been denied. To 

reduce the possibility of gaps in your 


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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 43699 

employment authorization 

documentation, you should file your 

Form I–765 to request a new EAD as 

early as possible during the reregistration period. 

The last day of the automatic EAD 

extension is March 16, 2019. Before you 

start work on March 17, 2019, your 

employer must reverify your 

employment authorization. At 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. 

By March 17, 2019, your employer 

must complete Section 3 of the current 

version of the form, Form I–9 07/17/17 

N, and attach it to the previously 

completed Form I–9, if your original 

Form I–9 was a previous version. Your 

employer can check the USCIS’ I–9 

Central web page at http://

www.uscis.gov/I-9Central for the most 

current version of Form I–9. 

Note that your employer may not 

specify which List A or List C document 

you must present and cannot reject an 

acceptable receipt. 

Can my employer require that I provide 

any other documentation to prove my 

status, such as proof of my Somali 

citizenship? 

No. When completing Form I–9, 

including reverifying employment 

authorization, employers must accept 

any documentation that appears on 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 need not reverify 

List B identity documents. Employers 

may not request documentation that 

does not appear on the ‘‘Lists of 

Acceptable Documents.’’ Therefore, 

employers may not request proof of 

Somali citizenship or proof of reregistration for TPS when completing 

Form I–9 for new hires or reverifying 

the employment authorization of 

current employees. If presented with 

EADs that have been automatically 

extended, employers should accept such 

documents as a valid List A document 

so long as the EAD reasonably appears 

to be genuine and relates to the 

employee. 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 

Employment Eligibility Verification 

(Form I–9) using my automatically 

extended employment authorization for 

a new job? 

When using an automatically 

extended EAD to complete Form I–9 for 

a new job before March 17, 2019, you 

and your employer should do the 

following: 

1. For Section 1, you should: 

a. Check ‘‘An alien authorized to work 

until’’ and enter March 16, 2019 as the 

‘‘expiration date’’; and 

b. Enter your Alien Number/USCIS 

number or A–Number where indicated 

(your EAD or other document from DHS 

will have your USCIS number or A– 

Number printed on it; the USCIS 

number is the same as your A–Number 

without the A prefix). 

2. For Section 2, employers should: 

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

A–12 or C–19 and has a September 17, 

2018, expiration date (or March 17, 2017 

expiration date provided your employee 

applied for a new EAD during the last 

re-registration period but has not yet 

received a new EAD); 

b. Write in the document title; 

c. Enter the issuing authority; 

d. Provide the document number; and 

e. Write March 16, 2019, as the 

expiration date. 

Before the start of work on March 17, 

2019, employers must reverify the 

employee’s employment authorization 

in Section 3 of Form I–9. 

What corrections should my current 

employer and I make to Employment 

Eligibility Verification (Form I–9) if my 

employment authorization has been 

automatically extended? 

If you presented a TPS-related EAD 

that was valid when you first started 

your job and your EAD has now been 

automatically extended, your employer 

may need to re-inspect your current 

EAD if they do not have a copy of the 

EAD on file. You may, and your 

employer should, correct your 

previously completed Form I–9 as 

follows: 

1. For Section 1, you may: 

a. Draw a line through the expiration 

date in Section 1; 

b. Write March 16, 2019, above the 

previous date; and 

c. Initial and date the correction in the 

margin of Section 1. 

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 marked expiration date of 

September 17, 2018, or March 17, 2017, 

provided your employee applied for a 

new EAD during the last re-registration 

period but has not yet received a new 

EAD. 

b. Draw a line through the expiration 

date written in Section 2; 

c. Write March 16, 2019, above the 

previous date; and 

d. Initial and date the correction in 

the Additional Information field in 

Section 2. 

Note: This is not considered a 

reverification. Employers do not need to 

complete Section 3 until either the 180- 

day automatic extension has ended or 

the employee presents a new document 

to show continued employment 

authorization, whichever is sooner. By 

March 16, 2019, when the employee’s 

automatically extended EAD has 

expired, employers must reverify the 

employee’s employment authorization 

in Section 3. 

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 these employees by providing 

the employee’s Alien Registration 

number, USCIS number, and entering 

the receipt number as the document 

number on Form I–9 into the document 

number field in E-Verify. 

If I am an employer enrolled in E-Verify, 

what do I do when I receive a ‘‘Work 

Authorization Documents Expiration’’ 

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. 

The alert indicates that before this 

employee starts to work on March 17, 

2019, you must reverify his or her 

employment authorization in Section 3 

of Form I–9. Employers should 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 


amozie on DSK3GDR082PROD with NOTICES1
43700 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 

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 I9Central@

dhs.gov. Calls and emails are accepted 

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’s Civil Rights 

Division, Immigrant and Employee 

Rights Section (IER) (formerly the Office 

of Special Counsel for ImmigrationRelated Unfair Employment Practices) 

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. 

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@dhs.gov. 

Calls are accepted in English, Spanish, 

and many other languages. Employees 

or applicants may also call the IER 

Worker Hotline at 800–255–7688 (TTY 

800–237–2515) for information 

regarding employment discrimination 

based upon citizenship, immigration 

status, or national origin, including 

discrimination related to Employment 

Eligibility Verification (Form I–9) and EVerify. 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 

Employment Eligibility Verification 

(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’’ (TNC) 

must promptly inform employees of the 

TNC and give such employees an 

opportunity to contest the TNC. A TNC 

case result means that the information 

entered into E-Verify from an 

employee’s Form I–9 differs from 

Federal or state government records. 

Employers may not terminate, 

suspend, delay training, withhold pay, 

lower pay, or take any adverse action 

against an employee because of the TNC 

while the case is still pending with EVerify. A Final Nonconfirmation (FNC) 

case result is received when E-Verify 

cannot verify 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 on 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) 

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 and/or show you are 

authorized to work based on TPS. 

Examples of such documents are: 

(1) Your current EAD; 

(2) A copy of your Notice of Action 

(Form I–797C), the notice of receipt, for 

your application to renew your current 

EAD providing an automatic extension 

of your currently expired or expiring 

EAD; 

(3) A copy of your Notice of Action 

(Form I–797C), the notice of receipt, for 

your Application for Temporary 

Protected Status for this re-registration; 

and 

(4) A copy of your Notice of Action 

(Form I–797), the notice of approval, for 

a past or current Application for 

Temporary Protected Status, if you 

received one from USCIS. Check with 

the government agency regarding which 

document(s) the agency will accept. 

Some benefit-granting agencies use 

the USCIS Systematic Alien Verification 

for Entitlements (SAVE) program to 

confirm the current immigration status 

of applicants for public benefits. 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 the following link: https:// 

save.uscis.gov/casecheck/, then by 

clicking the ‘‘Check Your Case’’ button. 

CaseCheck is a free service that lets you 

follow the progress of your SAVE 

verification using your date of birth and 

one immigration identifier 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 upon or will act upon a SAVE 

verification and you do not believe the 

response is correct, you may make an 

InfoPass appointment for an in-person 

interview at a local USCIS office. 

Detailed information on how to make 

corrections, make an appointment, or 

submit a written request to correct 

records under the Freedom of 

Information Act can be found on the 

SAVE website at http://www.uscis.gov/ 

save. 

[FR Doc. 2018–18444 Filed 8–24–18; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–7002–N–10] 

60-Day Notice of Proposed Information 

Collection: Neighborhood Stabilization 

Program 2 Reporting NSP2 

AGENCY: Office of Community Planning 

and Development, 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 60 days of public 

comment. 

DATES: Comments Due Date: October 26, 

2018. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

Control Number and should be sent to: 

Colette Pollard, Reports Management 

Officer, QDAM, Department of Housing 

and Urban Development, 451 7th Street 

SW, Room 4176, Washington, DC 

20410–5000; telephone 202–402–3400 


amozie on DSK3GDR082PROD with NOTICES1