1866 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

employment on the basis of race, color, 

religion, sex, national origin, political 

affiliation, sexual orientation, gender 

identity, marital status, disability and 

genetic information, age, membership in 

an employee organization, or other nonmerit factor. DHS strives to achieve a 

widely diverse candidate pool for all of 

its recruitment actions. 

If you are selected as a member from 

the general public, you will be 

appointed and serve as a special 

Government employee (SGE) as defined 

in section 202(a) of title 18, United 

States Code. As a candidate for 

appointment as a SGE, applicants are 

required to complete a Confidential 

Financial Disclosure Report (OGE Form 

450). A completed OGE Form 450 is not 

releasable to the public except under an 

order issued by a Federal court or as 

otherwise provided under the Privacy 

Act (5 U.S.C. 552a). Only the Designated 

Agency Ethics Official or his or her 

designate may release a Confidential 

Financial Disclosure Report. Applicants 

can obtain this form by going to the Web 

site of the Office of Government Ethics 

(www.oge.gov) or by contacting the 

individual listed above. Applications 

which are not accompanied by a 

completed OGE Form 450 will not be 

considered. 

If you are interested in applying to 

become a member of the Committee, 

send your cover letter and resume to Jeff 

Ludwig, Alternate Designated Federal 

Officer (ADFO) of NBSAC at 

Commandant (CG–BSX–2)/NBSAC, U.S. 

Coast Guard, 2100 Second St. SW., 

STOP 7581, Washington, DC, 20593– 

7581. Send your cover letter and resume 

in time for it to be received by the 

ADFO on or before March 11, 2013. To 

visit our online docket, go to http:// 

www.regulations.gov, enter the docket 

number for this notice (USCG–2010– 

0316) in the Search box, and click ‘‘Go.’’ 

Please do not post your resume on this 

site. During the vetting process, 

applicants may be asked to provide date 

of birth and social security number. 

Dated: December 31, 2012. 

Paul F. Thomas, 

Captain, U.S. Coast Guard, Director of 

Inspections and Compliance. 

[FR Doc. 2013–00215 Filed 1–8–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2010–0012; OMB No. 

1660–0022] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request; 

Community Rating System (CRS) 

Program—Application Worksheets and 

Commentary 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice; correction. 

On Tuesday, November 27, 2012, the 

Federal Emergency Management Agency 

(FEMA) published a notice in the 

Federal Register at 77 FR 70798 

notifying the public that it was 

submitting a request for review and 

approval of a collection of information 

under the emergency processing 

procedures in Office of Management 

and Budget (OMB) regulation 5 CFR 

1320.13. 

In that notice, FEMA stated that it was 

requesting that the approval authorize 

FEMA to use the collection through 

June 14, 2012. The correct date is June 

14, 2013. 

Dated: December 19, 2012. 

Loretta A. Cassatt, 

Executive Officer, Records Management 

Division, Mission Support Bureau, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. 2013–00244 Filed 1–8–13; 8:45 am] 

BILLING CODE 9111–52–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2527–12; DHS Docket No. USCIS– 

2012–0014] 

RIN 1615–ZB17 

Extension and Redesignation of South 

Sudan for Temporary Protected Status 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: This Notice announces that 

the Secretary of Homeland Security 

(Secretary) is both extending the 

existing designation of South Sudan for 

Temporary Protected Status (TPS) for 18 

months from May 3, 2013 through 

November 2, 2014, and redesignating 

South Sudan for TPS for 18 months, 

effective May 3, 2013 through November 

2, 2014. 

The extension allows currently 

eligible TPS beneficiaries to retain TPS 

through November 2, 2014. The 

redesignation of South Sudan allows 

additional individuals who have been 

continuously residing in the United 

States since January 9, 2013, to obtain 

TPS, if eligible. The Secretary has 

determined that an extension and 

redesignation are warranted because the 

conditions in South Sudan that 

prompted the TPS designation not only 

continue to be met but have 

deteriorated. There continues to be a 

substantial, but temporary, disruption of 

living conditions in South Sudan based 

upon ongoing armed conflict and 

extraordinary and temporary conditions 

in that country that prevent South 

Sudanese who now have TPS from 

returning in safety. 

This Notice also sets forth procedures 

necessary for nationals of South Sudan 

(or aliens having no nationality who last 

habitually resided in South Sudan) to 

either: (1) Re-register under the 

extension if they already have TPS and 

to apply for renewal of their 

Employment Authorization Documents 

(EADs) with U.S. Citizenship and 

Immigration Services (USCIS) or (2) 

submit an initial registration application 

under the redesignation and apply for 

an EAD. 

For individuals who have already 

been granted TPS under the South 

Sudan designation, the 60-day reregistration period runs from January 9, 

2013 through March 11, 2013. USCIS 

will issue new EADs with a November 

2, 2014 expiration date to eligible South 

Sudanese TPS beneficiaries who timely 

re-register and apply for EADs under 

this extension. Under the redesignation, 

individuals who currently do not have 

TPS (or an initial TPS application 

pending) may submit an initial TPS 

application during the 180-day initial 

registration period that runs from 

January 9, 2013 through July 8, 2013. In 

addition to demonstrating continuous 

residence in the United States since 

January 9, 2013, initial applicants for 

TPS under this redesignation must 

demonstrate that they have been 

continuously physically present in the 

United States since May 3, 2013, the 

effective date of the redesignation of 

South Sudan, before USCIS will be able 

to grant them TPS. 

Some individuals who are TPS 

beneficiaries under the current 

designation of Sudan may now be 

nationals of South Sudan, and may now 

qualify for TPS under South Sudan. In 

addition to regular procedures, this 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1867 

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

1517 of title XV of the Homeland Security Act of 

2002 (HSA), 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 the Department of 

Homeland Security ‘‘shall be deemed to refer to the 

Secretary’’ of Homeland Security. See 6 U.S.C. 557 

(codifying HSA, tit. XV, sec. 1517). 

notice sets forth special procedures for 

such individuals to register and apply 

for TPS under the South Sudan 

redesignation. 

DATES: Extension of TPS: The 18-month 

extension of the TPS designation of 

South Sudan is effective May 3, 2013, 

and will remain in effect through 

November 2, 2014. The 60-day reregistration period runs from January 9, 

2013 through March 11, 2013. 

Redesignation of South Sudan for 

TPS: The redesignation of South Sudan 

for TPS is effective May 3, 2013, and 

will remain in effect through November 

2, 2014, a period of 18 months. The 180- 

day initial registration period for new 

applicants under the South Sudan TPS 

redesignation runs from January 9, 2013 

through July 8, 2013. 

Further Information 

• For further information on TPS, 

including guidance on the application 

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 and redesignation of 

South Sudan for TPS by selecting ‘‘TPS 

Designated Country: South Sudan’’ from 

the menu on the left of the TPS Web 

page. 

• You can also contact the TPS 

Operations Program Manager at the 

Family and Status Branch, Service 

Center Operations Directorate, U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, 20 

Massachusetts Avenue NW., 

Washington, DC 20529–2060; or by 

phone at (202) 272–1533 (this is not a 

toll-free number). Note: The phone 

number provided here is solely for 

questions regarding this TPS notice. It is 

not for individual case status inquiries. 

• Applicants seeking information 

about the status of their individual cases 

can check Case Status Online, available 

at the USCIS Web site at http:// 

www.uscis.gov, or call the USCIS 

National Customer Service Center at 

800–375–5283 (TTY 800–767–1833). 

Service is available in English and 

Spanish only. 

• Further information will also be 

available at local USCIS offices upon 

publication of this Notice. 

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This 

Document 

CPA—Comprehensive Peace Agreement 

DHS—Department of Homeland Security 

DOS—Department of State 

EAD—Employment Authorization Document 

Government—U.S. Government 

HRW—Human Rights Watch 

INA—Immigration and Nationality Act 

OCHA—UN Office for the Coordination of 

Humanitarian Affairs 

OSC—U.S. Department of Justice, Office of 

Special Counsel for Immigration-Related 

Unfair Employment Practices 

SAF—Sudan Armed Forces 

Secretary—Secretary of Homeland Security 

South Sudan—Republic of South Sudan 

SPLA—Sudan People’s Liberation Army 

(South Sudan’s military) 

TPS—Temporary Protected Status 

UN—United Nations 

UNHCR—UN High Commissioner for 

Refugees 

USAID—U.S. Agency for International 

Development 

USCIS—U.S. Citizenship and Immigration 

Services 

What is Temporary Protected Status 

(TPS)? 

• TPS is a temporary immigration 

status granted to eligible nationals of a 

country designated for TPS under the 

Immigration and Nationality Act (INA), 

or to 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 and may obtain 

work authorization, so long as they 

continue to meet the requirements of 

TPS status. 

• TPS beneficiaries may also be 

granted travel authorization as a matter 

of discretion. 

• The granting of TPS does not lead 

to permanent resident status. 

• When the Secretary terminates a 

country’s TPS designation, beneficiaries 

return to the same immigration status 

they maintained before TPS (unless that 

status has since expired or been 

terminated) or to any other lawfully 

obtained immigration status they 

received while registered for TPS. 

When was South Sudan designated for 

TPS? 

On October 13, 2011, the Secretary 

designated South Sudan for TPS, 

effective November 3, 2011, based on an 

ongoing armed conflict and 

extraordinary and temporary conditions 

within that country. See 76 FR 63629; 

sections 244(b)(1)(A) and (C) of the INA, 

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

announcement is the first extension and 

first redesignation of TPS for South 

Sudan since the designation in 2011. 

What authority does the Secretary of 

Homeland Security have to extend the 

designation of South Sudan for TPS? 

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

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

after consultation with appropriate 

Government agencies, to designate a 

foreign state (or part thereof) for TPS.1

The Secretary may then grant TPS to 

eligible nationals of that foreign state (or 

aliens having no nationality who last 

habitually resided in that state). See 

section 244(a)(1)(A) of the INA, 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 a foreign state designated 

for TPS to determine whether the 

conditions for the TPS designation 

continue to be met. See section 

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

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

determines that a foreign state continues 

to meet the conditions for TPS 

designation, the designation is extended 

for an additional 6 months (or in the 

Secretary’s discretion for 12 or 18 

months). See section 244(b)(3)(C) of the 

INA, 8 U.S.C. 1254a(b)(3)(C). If the 

Secretary determines that the foreign 

state no longer meets the conditions for 

TPS designation, the Secretary must 

terminate the designation. See section 

244(b)(3)(B) of the INA, 8 U.S.C. 

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

What is the Secretary’s authority to 

redesignate South Sudan for TPS? 

In addition to extending an existing 

TPS designation, the Secretary, after 

consultation with appropriate 

Government agencies, may redesignate a 

country (or part thereof) for TPS. See 

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

1254a(b)(1); see also section 

244(c)(1)(A)(i) of the INA, 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)). This is one of 

several instances in which the 

Secretary, and prior to the establishment 

of the Department of Homeland Security 

(DHS) the Attorney General, have 

simultaneously extended a country’s 

TPS designation and redesignated the 

country for TPS. See, e.g., 77 FR 25723 

(May 1, 2012) (extension and 

redesignation for Somalia); 76 FR 29000 

(May 19, 2011) (extension and 

redesignation for Haiti); 62 FR 16608 

(Apr. 7, 1997) (extension and 

redesignation for Liberia). 


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1868 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

When the Secretary designates or 

redesignates a country for TPS, she 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 section 244(c)(1)(A)(ii) of the 

INA, 8 U.S.C.S 1254a(c)(1)(A)(ii). This 

discretion permits the Secretary to tailor 

the ‘‘continuous residence’’ date to offer 

TPS to the group of eligible individuals 

that the Secretary deems appropriate. 

The Secretary has determined that the 

‘‘continuous residence’’ date for 

applicants for TPS under the 

redesignation of South Sudan shall be 

January 9, 2013. Initial applicants for 

TPS under this redesignation must also 

show they have been ‘‘continuously 

physically present’’ in the United States 

since May 3, 2013, which is the effective 

date of the Secretary’s redesignation of 

South Sudan. See section 244(c)(1)(A)(i) 

of the INA, 8 U.S.C. 1254a(c)(1)(A)(i). 

For each initial TPS application filed 

under the redesignation, the final 

determination whether the applicant 

has met the ‘‘continuous physical 

presence’’ requirement cannot be made 

until May 3, 2013. USCIS, however, will 

issue EADs, as appropriate, during the 

registration period in accordance with 8 

CFR 244.5(b). 

Why is the Secretary extending the TPS 

designation for South Sudan and 

simultaneously redesignating South 

Sudan for TPS through November 2, 

2014? 

Over the past year, DHS and the 

Department of State (DOS) have 

continued to review conditions in South 

Sudan. Based on this review and after 

consulting with DOS, the Secretary has 

determined that an 18-month extension 

is warranted because the armed conflict 

is ongoing and the extraordinary and 

temporary conditions that prompted the 

November 3, 2011 designation persist. 

The Secretary has further determined 

that the conditions in South Sudan, 

which have deteriorated, support 

redesignating South Sudan for TPS and 

changing the ‘‘continuous residence’’ 

and ‘‘continuous physical presence’’ 

dates so as to continue affording TPS 

protection to the fewer than 10 South 

Sudanese nationals who arrived in the 

United States before October 7, 2004 

and registered under the initial 

designation and to extend TPS 

protection to eligible South Sudanese 

nationals who arrived between October 

7, 2004 and January 9, 2013. 

Ongoing armed conflict throughout 

much of South Sudan caused continued 

insecurity and led to continued internal 

displacement and refugee flight into 

neighboring countries, even as South 

Sudanese return to South Sudan en 

masse. Violence and ensuing population 

displacement, along with environmental 

and economic factors, have created one 

of the worst humanitarian crises in the 

world. Efforts by the international 

community to get aid to the civilian 

population continue to be severely 

compromised by weather-related 

factors, poor infrastructure, and threats 

to the safety of aid workers. 

The signing of the Comprehensive 

Peace Agreement (CPA) in January 2005 

put an end to more than two decades of 

civil war in Sudan. There was 

significant progress towards fulfilling 

the mandates of the CPA, such as the 

creation of South Sudan on July 9, 2011. 

However, unresolved CPA issues 

created political tensions that led to 

military confrontations along the SudanSouth Sudan border (specifically the 

transitional areas of Abyei, Blue Nile 

State, and Southern Kordofan). Since 

May 2011 and continuing in 2012, 

sporadic violent conflicts involving the 

Sudan Armed Forces (SAF) and South 

Sudan’s military—Sudan People’s 

Liberation Army (SPLA)—have led to 

loss of civilian life and mass 

displacement. 

As part of the CPA, the contested 

territory of Abyei was to be jointly 

administered until local residents 

determined whether they would join 

Sudan or the South Sudan, but the 

referendum has yet to be held. In the 

months leading up to South Sudan’s 

independence, both the Sudanese and 

the South Sudanese armies reinforced 

their positions near Abyei. On May 19, 

2011, in a move condemned by the 

United Nations (UN) as a breach of the 

2005 CPA, SAF and Sudanese police 

attacked and took control of Abyei. The 

UN News Service reported that as a 

result of the conflict, more than 110,000 

people were displaced into Agok and 

South Sudan. On June 20, 2011, Sudan 

and South Sudan reached an agreement 

on temporary administration measures 

and demilitarization of the area. 

Although the SAF and the majority of 

the Sudanese Police had withdrawn 

from the area by June 2012, the UN 

reported that as of July 2012, the 

majority of those who fled the fighting 

in 2011 remained displaced in and 

outside the Abyei area because of the 

lack of a civilian Abyei administration, 

the continued presence of armed forces, 

and the presence of landmines. 

In June 2011, fighting between the 

SAF and the SPLA erupted in Kadugli, 

the capital of Southern Kordofan. On 

June 25, 2011, the UN Office for the 

Coordination of Humanitarian Affairs 

(OCHA) reported that Sudanese 

government forces conducted airstrikes 

and artillery shelling in the eastern and 

southern parts of the Nuba Mountains in 

Southern Kordofan. Hostilities 

increased in April 2012, when South 

Sudanese forces captured the disputed 

oilfield of Heglig. 

In September 2011, a new battle zone 

erupted in Blue Nile State. Human 

Rights Watch (HRW) interviewed 

witnesses who ‘‘described 

indiscriminate bombings in civilian 

areas, killings, and other serious abuses 

by Sudanese armed forces since armed 

conflict broke out there.’’ Ground 

fighting and aerial bombing of Sudan’s 

Southern Kordofan and Blue Nile states 

by the SAF have killed hundreds of 

civilians and forced thousands to flee 

across the international border into 

crowded refugee camps in Unity and 

Upper Nile states in South Sudan. 

South Sudan’s human rights record is 

poor and includes instances of 

extrajudicial killings, disappearances, 

arbitrary arrest and detention, forced 

population movements, rape, and forced 

conscription of children. Rebel groups 

are also responsible for serious abuses. 

Violence related to inter-tribal clashes 

and sporadic conflict related to irregular 

armed groups within South Sudan 

continued to threaten stability and 

negatively impact the civilian 

population. HRW noted that ‘‘both the 

government and the UN peacekeepers 

have been unable to protect civilians 

and prevent these often predictable 

outbreaks of violence.’’ DOS reported 

that since the beginning of 2012, over 

12,000 South Sudanese refugees fled to 

neighboring countries. Inter-communal 

violence remains a serious problem, 

involving large-scale and armed violent 

attacks among neighboring communities 

and groups. The South Sudanese 

Government does not have the 

capability to secure much of its own 

territory, and relies on the UN Mission 

in South Sudan to provide protection of 

civilians in critical situations. 

South Sudan is already considered 

one of the poorest, least-developed 

places in the world, and the ongoing 

humanitarian crisis has left much of 

South Sudan’s population of 8 million 

in need of humanitarian assistance. The 

more than 620,000 South Sudanese 

returning from Sudan since October 

2010 continue to strain limited 

resources, and high levels of 

humanitarian needs are reported in 

areas that have a high concentration of 

returnees. In January 2012, the Office of 

the UN High Commissioner for Refugees 

(UNHCR) reported that over 550,000 

people had been internally displaced in 

South Sudan. OCHA further reported 

that there were over 160,000 new 

internally displaced people between 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1869 

January and mid-July 2012. 

Furthermore, the UNHCR reported that 

as of July 2012, there were over 200,000 

refugees living in South Sudan (around 

170,000 were from Sudan), stretching 

existing humanitarian capabilities. The 

Government of South Sudan lacks the 

capacity and resources to meet the basic 

needs of the majority of its own citizens 

and refugees from neighboring 

countries. 

OCHA estimated in July 2012 that 

more than half of South Sudan’s 8 

million population is at risk of food 

insecurity. DOS reported that an 

estimated 2.9 million people currently 

require food assistance. Significant areas 

of South Sudan are experiencing 

drought conditions, which is 

exacerbating the situation, pushing food 

deficits higher. The food shortages, the 

arrival of returnees and refugees, 

insecurity, and ongoing conflict have 

impaired the delivery of basic health 

services to large portions of the South 

Sudanese population. 

There are multiple factors impeding 

delivery of humanitarian aid. Although 

the Government of South Sudan made 

some positive efforts to reduce 

interference in humanitarian operations, 

USAID reported that ‘‘[i]nsecurity, 

landmines, and transportation and 

communication challenges due to 

limited infrastructure restrict 

humanitarian activities across South 

Sudan.’’ It is estimated that there are 

fewer than 100 km of paved roads in 

South Sudan and the accessibility of 

those roads is compromised during the 

rainy season. 

Based upon this review and after 

consultation with appropriate 

Government agencies, the Secretary 

finds that: 

• The conditions that prompted the 

November 3, 2011 designation of South 

Sudan for TPS continue to be met. See 

sections 244(b)(3)(A) and (C) of the INA, 

8 U.S.C. 1254a(b)(3)(A) and (C). 

• There continues to be an armed 

conflict in South Sudan and, due to 

such conflict, requiring the return of 

South Sudanese nationals to South 

Sudan would pose a serious threat to 

their personal safety. See section 

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

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

• There continue to be extraordinary 

and temporary conditions in South 

Sudan that prevent South Sudanese 

nationals from returning to South Sudan 

in safety. See section 244(b)(1)(C) of the 

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

• It is not contrary to the national 

interest of the United States to permit 

South Sudanese (and persons who have 

no nationality who last habitually 

resided in South Sudan) who meet the 

eligibility requirements of TPS to 

remain in the United States temporarily. 

See section 244(b)(1)(C) of the INA, 8 

U.S.C. 1254a(b)(1)(C). 

• The designation of South Sudan for 

TPS should be extended for an 

additional 18-month period from May 3, 

2013 through November 2, 2014. See 

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

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

• Based on current country 

conditions, South Sudan should be 

simultaneously redesignated for TPS 

effective May 3, 2013 through November 

2, 2014. See sections 244(b)(1)(A), 

(b)(1)(C) and (b)(2) of the INA; 8 U.S.C.S 

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

• TPS applicants must demonstrate 

that they have continuously resided in 

the United States since January 9, 2013. 

• The date by which TPS applicants 

must demonstrate that they have been 

continuously physically present in the 

United States is May 3, 2013, the 

effective date of the redesignation of 

South Sudan for TPS. 

• There are fewer than 10 current 

South Sudanese TPS beneficiaries who 

are expected to be eligible to re-register 

for TPS under the extension. DHS 

recognizes that some individuals who 

registered under the designation of 

Sudan may be eligible for TPS under the 

redesignation of South Sudan and may 

choose to apply as such. They will be 

granted TPS under the South Sudan 

redesignation if they present satisfactory 

evidence of South Sudanese nationality 

and are otherwise eligible. 

• It is estimated that fewer than 4,000 

additional individuals may be eligible 

for TPS under the combined 

redesignations of South Sudan and 

Sudan. With the creation of South 

Sudan having just occurred July 9, 2011, 

it is difficult to breakdown this estimate 

between the two countries. This 

population includes potentially eligible 

South Sudanese and Sudanese who are 

in a lawful nonimmigrant status or who 

have no other status. 

Notice of Extension of the TPS 

Designation of South Sudan and 

Redesignation of South Sudan for TPS 

By the authority vested in me as 

Secretary under section 244 of the INA, 

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

consultation with the appropriate 

Government agencies, that the 

conditions that prompted the 2011 

designation of South Sudan for TPS not 

only continue to be met but have 

deteriorated. See section 244(b)(3)(A) of 

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

basis of this determination, I am 

simultaneously extending the existing 

TPS designation of South Sudan for 18 

months from May 3, 2013 through 

November 2, 2014, and redesignating 

South Sudan for TPS for 18 months 

from May 3, 2013 through November 2, 

2014. See sections 244(b)(1)(A), (b)(1)(C) 

and (b)(2) of the INA; 8 U.S.C. 

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

have also determined that eligible 

individuals must demonstrate that they 

have continuously resided in the United 

States since January 9, 2013. See section 

244(c)(1)(A)(ii) of the INA, 8 U.S.C. 

1254a(c)(1)(A)(ii). 

Janet Napolitano, 

Secretary. 

Required Application Forms and 

Application Fees To Register or Reregister for TPS 

To register or re-register for TPS for 

South Sudan, an applicant must submit 

each of the following two applications: 

1. Application for Temporary 

Protected Status (Form I–821). 

• If you are filing an initial 

application, you must pay the fee for the 

Application for Temporary Protected 

Status (Form I–821). See 8 CFR 

244.2(f)(1) and 244.6 and information on 

initial filing on the USCIS TPS Web 

page at http://www.uscis.gov/tps. 

• If you are filing a re-registration, 

you do not need to pay the fee for the 

Application for Temporary Protected 

Status (Form I–821). See 8 CFR 244.17; 

• If you are currently a TPS 

beneficiary under the Sudan TPS 

designation (or you have a pending TPS 

Sudan initial application) and are now 

filing an initial application for the South 

Sudan designation, you do not need to 

pay the fee for the Application for 

Temporary Protected Status (Form I– 

821). But you do need to provide either 

a copy of (1) A Sudan TPS Approval 

Notice (Form I–797) showing you are 

currently a Sudan TPS beneficiary, (2) 

an EAD showing that you are currently 

a Sudan TPS beneficiary, or (3) a receipt 

notice for an Application for Temporary 

Protected Status (Form I–821) if you 

have a pending TPS Sudan initial 

application; and 

2. Application for Employment 

Authorization (Form I–765). 

• If you are applying for initial 

registration and want an EAD, you must 

pay the fee for the Application for 

Employment Authorization (Form I– 

765) only if you are age 14 through 65. 

No fee for the Application for 

Employment Authorization (Form I– 

765) is required if you are under the age 

of 14 or 66 and older and applying for 

initial registration. 

• If you are applying for reregistration, you must pay the fee for the 

Application for Employment 


srobinson on DSK4SPTVN1PROD with 
1870 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

Authorization (Form I–765) only if you 

want an EAD. 

• You do not pay the fee for the 

Application for Employment 

Authorization (Form I–765) if you are 

not requesting an EAD, regardless of 

whether you are applying for initial 

registration or re-registration. 

• If you have a pending Application 

for Employment Authorization (Form I– 

765) that you previously submitted with 

your request for Sudan TPS and you 

have not yet received your EAD under 

Sudan TPS, then you do not need to 

repay the Application for Employment 

Authorization (Form I–765) fee. But you 

must submit a copy of your receipt 

notice for the Application for 

Employment Authorization (Form I– 

765) related to Sudan TPS (or your fee 

waiver grant notice) with your new 

application. Your fee (or fee waiver 

grant) will be applied to your 

application for an EAD under the South 

Sudan TPS designation, if your Sudan 

TPS EAD has not been mailed to you 

yet. 

You must submit both completed 

application forms together. If you are 

unable to pay for the application and/ 

or biometrics fee, you may apply for a 

fee waiver by completing a Request for 

Fee Waiver (Form I–912) or submitting 

a personal letter requesting a fee waiver, 

and by providing satisfactory supporting 

documentation. 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 Application for Temporary 

Protected Status (Form I–821), the 

Application for Employment 

Authorization (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 or 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 apply for a fee waiver by 

completing a Request for Fee Waiver 

(Form I–912) or by submitting a 

personal letter requesting a fee waiver, 

and providing satisfactory supporting 

documentation. For more information 

on the biometric services fee, please 

visit the USCIS Web site at http:// 

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

required to visit an Application Support 

Center to have your biometrics 

captured. 

Refiling an Initial TPS Application 

After Receiving a Denial of a Fee 

Waiver Request 

If you request a fee waiver when filing 

your initial TPS application package 

and your request is denied, you may 

refile your application packet before the 

initial filing deadline of July 8, 2013. If 

you submit your application with a fee 

waiver request before that deadline, but 

you receive a fee waiver denial and 

there are fewer than 45 days before the 

filing deadline (or the deadline has 

passed), you may still refile your 

application within the 45-day period 

after the date on the USCIS fee waiver 

denial notice. Your application will not 

be rejected even if the filing deadline 

has passed, provided it is mailed within 

those 45 days and all other required 

information for the application is 

included. Note: If you wish, you may 

also wait to request an EAD and pay the 

Application for Employment 

Authorization (Form I–765) fee after 

USCIS grants you TPS, if you are found 

eligible. If you choose to do this, you 

would still need to file the Application 

for Employment Authorization (Form I– 

765) without fee and without requesting 

an EAD with the Application for 

Temporary Protected Status (Form I– 

821). 

Refiling a Re-Registration TPS 

Application After Receiving a Denial of 

a Fee Waiver Request 

USCIS urges all re-registering 

applicants to file as soon as possible 

within the 60-day re-registration period 

so that USCIS can process the 

applications and issue EADs promptly. 

Filing early will also allow those 

applicants who may receive denials of 

their fee waiver requests to have time to 

refile their applications before the reregistration deadline. If, however, an 

applicant receives a denial of his or her 

fee waiver request and is unable to refile 

by the re-registration deadline, the 

applicant may still refile his or her 

application. This situation will be 

reviewed under good cause for late reregistration. However, applicants are 

urged to refile within 45 days of the date 

on their USCIS fee waiver denial notice, 

if at all possible. See section 244(c)(3)(C) 

of the INA; 8 U.S.C. 1254a(c)(3)(C); 8 

CFR 244.17(c). For more information on 

good cause for late re-registration, visit 

the USCIS TPS Web page at http:// 

www.uscis.gov/tps. Note: As previously 

stated, although a re-registering TPS 

beneficiary age 14 and older must pay 

the biometric services fee (but not the 

initial TPS application fee) when filing 

a TPS re-registration application, the 

applicant may decide to wait to request 

an EAD, and therefore not pay the 

Application for Employment 

Authorization (Form I–765) fee until 

after USCIS has approved the 

individual’s TPS re-registration, if he or 

she is eligible. 

Mailing Information 

Mail your application for TPS to the 

proper address in Table 1. 

TABLE 1—MAILING ADDRESSES

If . . . Mail to . . . 

You are applying through the U.S. Postal Service .................................. USCIS, P.O. Box 6943, Chicago, IL 60680–6943.

You are using a non-U.S. Postal Service delivery service ...................... USCIS, Attn: TPS South Sudan, 131 S. Dearborn 3rd Floor, Chicago, 

IL 60603–5517. 

If you were granted TPS by an 

Immigration Judge (IJ) or the Board of 

Immigration Appeals (BIA), and you 

wish to request an EAD or are reregistering for the first time following a 

grant of TPS by the IJ or BIA, please 

mail your application to the appropriate 

address in Table 1 above. Upon 

receiving a Receipt Notice from USCIS, 

please send an email to 

TPSijgrant.vsc@uscis.dhs.gov with the 

receipt number and state that you 

submitted a re-registration and/or 

request for an EAD based on an IJ/BIA 

grant of TPS. You can find detailed 

information on what further information 

you need to email and the email 

addresses on the USCIS TPS Web page 

at http://www.uscis.gov/tps. 

E-Filing 

You cannot electronically file your 

application when re-registering or 

applying for initial registration for 

South Sudan TPS. Please mail your 

application to the mailing address listed 

in Table 1 above. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1871 

Employment Authorization Document 

(EAD) 

May I request an interim EAD at my 

local USCIS office? 

No. USCIS will not issue interim 

EADs to TPS applicants and reregistrants at local offices. 

Will my current EAD, which is set to 

expire on May 2, 2013, be automatically 

extended for 6 months? 

No. This notice does not 

automatically extend previously issued 

EADs. DHS has announced the 

extension of the TPS designation of 

South Sudan and established the reregistration period at an early date to 

allow sufficient time for USCIS to 

process EAD requests prior to the May 

2, 2013 expiration date. You must apply 

during the 60-day re-registration period. 

Failure to apply for TPS during the reregistration period without good cause 

may result in gaps in work 

authorization. DHS strongly encourages 

you to apply as early as possible within 

the re-registration period. 

When hired, what documentation may I 

show to my employer as proof 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 

Employment Eligibility Verification 

(Form I–9). You can find additional 

detailed information on the USCIS I–9 

Central Web page at http:// 

www.uscis.gov/I-9Central. Employers 

are required to verify the identity and 

employment authorization of all new 

employees by using Employment 

Eligibility Verification (Form I–9). 

Within 3 days of hire, an employee must 

present proof of identity and 

employment authorization to his or her 

employer. 

You may present any document from 

List A (reflecting both your identity and 

employment authorization), or one 

document from List B (reflecting 

identity) together with one document 

from List C (reflecting employment 

authorization). An EAD is an acceptable 

document under ‘‘List A.’’ Employers 

may not reject a document based upon 

a future expiration date. 

What documentation may I show my 

employer if I am already employed but 

my current TPS-related EAD is set to 

expire? 

You must present any document from 

List A or any document from List C on 

Employment Eligibility Verification 

(Form I–9) to reverify employment 

authorization. Your employer is 

required to reverify on Employment 

Eligibility Verification (Form I–9) the 

employment authorization of current 

employees upon the expiration of a 

TPS-related EAD. Your employer should 

use either Section 3 of the Form I–9 

originally completed for the employee 

or, if this section has already been 

completed or if the version of Form I– 

9 is no longer valid, in Section 3 of a 

new Form I–9 using the most current 

version. Note that your employer may 

not specify which List A or List C 

document employees must present. 

USCIS anticipates that it will be able 

to process and issue new EADs for 

existing TPS South Sudan beneficiaries 

before their current EADs expire on May 

2, 2013. However, re-registering 

beneficiaries are encouraged to file as 

early as possible within the 60-day reregistration period to help ensure that 

they receive their EADs promptly. 

Can my employer require that I produce 

any other documentation to prove my 

status, such as proof of my South 

Sudanese citizenship? 

No. When completing Employment 

Eligibility Verification (Form I–9), 

including reverifying employment 

authorization, employers must accept 

any documentation that appears on the 

‘‘Lists of Acceptable Documents’’ for 

Employment Eligibility Verification 

(Form I–9) and that reasonably appears 

to be genuine and that relates to you. 

Employers may not request 

documentation that does not appear on 

the ‘‘Lists of Acceptable Documents.’’ 

Therefore, employers may not request 

proof of South Sudanese citizenship 

when completing Employment 

Eligibility Verification (Form I–9) for 

new hires or reverifying the 

employment authorization of current 

employees. If presented with EADs that 

are unexpired on their face, employers 

should accept such EADs as valid List 

A documents so long as the EADs 

reasonably appear to be genuine and to 

relate to the employee. See below 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. 

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 

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 the USCIS Form I– 

9 Customer Support at 888–464–4218 

(TDD for the hearing impaired is at 877– 

875–6028). For questions about avoiding 

discrimination during the employment 

eligibility verification process, 

employers may also call the Department 

of Justice, Office of Special Counsel for 

Immigration-Related Unfair 

Employment Practices (OSC) Employer 

Hotline at 800–255–8155 (TDD for the 

hearing impaired is at 800–237–2515), 

which offers language interpretation in 

numerous languages. 

Note to Employees 

For general questions about the 

employment eligibility verification 

process, employees may call the USCIS 

National Customer Service Center at 

800–375–5283 (TDD for the hearing 

impaired is at 800–767–1833); calls are 

accepted in English and Spanish. 

Employees or applicants may also call 

the OSC Worker Information Hotline at 

800–255–7688 (TDD for the hearing 

impaired is at 1–800–237–2515) for 

information regarding employment 

discrimination based upon citizenship, 

immigration status, or national origin, or 

for information regarding discrimination 

related to Employment Eligibility 

Verification (Form I–9) and E-Verify. 

The OSC Worker Information Hotline 

provides language interpretation in 

numerous languages. In order to comply 

with the law, employers must accept 

any document or combination of 

documents acceptable for Employment 

Eligibility Verification (Form I–9) 

completion if the documentation 

reasonably appears to be genuine and to 

relate to the employee. Employers may 

not require extra or additional 

documentation beyond what is required 

for Employment Eligibility Verification 

(Form I–9) completion. Further, 

employers participating in E-verify who 

receive an E-verify initial mismatch 

(‘‘tentative nonconfirmation’’ or ‘‘TNC’’) 

on employees must inform employees of 

the mismatch and give such employees 

an opportunity to challenge the 

mismatch. Employers are prohibited 

from taking adverse action against such 

employees based on the initial 

mismatch unless and until E-Verify 

returns a final nonconfirmation. For 

example, employers must allow 

employees challenging their mismatches 

to continue to work without any delay 

in start date or training and without any 

change in hours or pay, while the final 

E-Verify determination remains 


srobinson on DSK4SPTVN1PROD with 
1872 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

pending. Additional information is 

available on the OSC Web site at http:// 

www.justice.gov/crt/about/osc and the 

USCIS Web site at http://www.dhs.gov/ 

E-verify. 

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 are: 

(1) Your EAD that has a valid 

expiration date; 

(2) A copy of your Application for 

Temporary Protected Status Receipt 

Notice (Form I–797) for this reregistration; and/or 

(3) A copy of your past or current 

Application for Temporary Protected 

Status Approval Notice (Form I–797), if 

you receive one from USCIS. 

Check with the government agency 

regarding which document(s) the agency 

will accept. You may also provide the 

agency with a copy of this notice. 

Some benefit-granting agencies use 

the USCIS Systematic Alien Verification 

for Entitlements Program (SAVE) to 

verify the current immigration status of 

applicants for public benefits. If such 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 can be found 

at the SAVE Web site at http:// 

www.uscis.gov/save, then by choosing 

‘‘How to Correct Your Records’’ from 

the menu on the right. 

[FR Doc. 2013–00051 Filed 1–8–13; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2526–12; DHS Docket No. USCIS– 

2012–0013] 

RIN 1615–ZB16 

Extension and Redesignation of Sudan 

for Temporary Protected Status 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: This Notice announces that 

the Secretary of Homeland Security 

(Secretary) is both extending the 

existing designation of Sudan for 

Temporary Protected Status (TPS) for 18 

months from May 3, 2013 through 

November 2, 2014, and redesignating 

Sudan for TPS for 18 months, effective 

May 3, 2013 through November 2, 2014. 

The extension allows currently 

eligible TPS beneficiaries to retain TPS 

through November 2, 2014. The 

redesignation of Sudan allows 

additional individuals who have been 

continuously residing in the United 

States since January 9, 2013, to obtain 

TPS, if eligible. The Secretary has 

determined that an extension and 

redesignation are warranted because the 

conditions in Sudan that prompted the 

TPS designation not only continue to be 

met but have deteriorated. There 

continues to be a substantial, but 

temporary, disruption of living 

conditions in Sudan based upon 

ongoing armed conflict and 

extraordinary and temporary conditions 

in that country that prevent Sudanese 

who now have TPS from returning in 

safety. 

This Notice also sets forth procedures 

necessary for nationals of Sudan (or 

aliens having no nationality who last 

habitually resided in Sudan) to either: 

(1) Re-register under the extension if 

they already have TPS and to apply for 

renewal of their Employment 

Authorization Documents (EADs) with 

U.S. Citizenship and Immigration 

Services (USCIS) or (2) submit an initial 

registration application under the 

redesignation and apply for an EAD. 

For individuals who have already 

been granted TPS under the Sudan 

designation, the 60-day re-registration 

period runs from January 9, 2013 

through March 11, 2013. USCIS will 

issue new EADs with a November 2, 

2014 expiration date to eligible 

Sudanese TPS beneficiaries who timely 

re-register and apply for EADs under 

this extension. 

Under the redesignation, individuals 

who currently do not have TPS (or an 

initial TPS application pending) may 

submit an initial application during the 

180-day initial registration period that 

runs from January 9, 2013 through July 

8, 2013. In addition to demonstrating 

continuous residence in the United 

States since January 9, 2013, initial 

applicants for TPS under this 

redesignation must demonstrate that 

they have been continuously physically 

present in the United States since May 

3, 2013, the effective date of the 

redesignation of Sudan, before USCIS 

will be able to grant them TPS. 

In a separate Federal Register notice 

published on January 9, 2013, the 

Secretary has redesignated South Sudan 

for TPS. Some individuals who are TPS 

beneficiaries under the current 

designation of Sudan may now be 

nationals of South Sudan, and may now 

qualify for TPS under South Sudan. The 

South Sudan notice sets forth special 

procedures for such individuals to 

register and apply for TPS under the 

South Sudan redesignation. 

DATES: Extension of TPS: The 18-month 

extension of the TPS designation of 

Sudan is effective May 3, 2013, and will 

remain in effect through November 2, 

2014. The 60-day re-registration period 

runs from January 9, 2013 through 

March 11, 2013. 

Redesignation of Sudan for TPS: The 

redesignation of Sudan for TPS is 

effective May 3, 2013, and will remain 

in effect through November 2, 2014, a 

period of 18 months. The 180-day initial 

registration period for new applicants 

under the Sudan TPS redesignation runs 

from January 9, 2013 through July 8, 

2013. 

Further Information 

• For further information on TPS, 

including guidance on the application 

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 and redesignation of 

Sudan for TPS by selecting ‘‘TPS 

Designated Country: Sudan’’ from the 

menu on the left of the TPS Web page. 

• You can also contact the TPS 

Operations Program Manager at the 

Family and Status Branch, Service 

Center Operations Directorate, U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, 20 

Massachusetts Avenue NW., 

Washington, DC 20529–2060; or by 

phone at (202) 272–1533 (this is not a 

toll-free number). Note: The phone 

number provided here is solely for 

questions regarding this TPS notice. It is 

not for individual case status inquiries. 


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