[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1872-1878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00049]


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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.

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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

    <bullet> 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.
    <bullet> 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.

[[Page 1873]]

    <bullet> 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.
    <bullet> 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
IDP--Internally Displaced People
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
UNAMID--UN-African Union Hybrid Mission in Darfur
USCIS--U.S. Citizenship and Immigration Services

What is Temporary Protected Status (TPS)?

    <bullet> 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.
    <bullet> 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.
    <bullet> TPS beneficiaries may also be granted travel authorization 
as a matter of discretion.
    <bullet> The granting of TPS does not lead to permanent resident 
status.
    <bullet> When the Secretary terminates a country's TPS designation, 
beneficiaries return to the same immigration status they maintained 
before TPS, if any (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 Sudan designated for TPS?

    On November 4, 1997, the Attorney General designated Sudan for TPS 
based on an ongoing armed conflict and extraordinary and temporary 
conditions within that country. See 62 FR 59737; sections 244(b)(1)(A) 
and (C) of the INA, 8 U.S.C. 1254a(b)(1)(A) and (C). Following the 
initial designation of Sudan for TPS in 1997, the Attorney General and, 
later, the Secretary have extended TPS and/or redesignated Sudan for 
TPS a total of 12 times. The last extension of TPS for Sudan was 
announced on October 13, 2011, based on the Secretary's determination 
that the conditions warranting the designation continued to be met. See 
76 FR 63635. This announcement is the thirteenth extension and the 
third redesignation of TPS for Sudan since the original designation in 
1997.

What authority does the Secretary of Homeland Security have to extend 
the designation of 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).
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    \1\ As 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).
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    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 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).
    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 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 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).

[[Page 1874]]

Why is the Secretary extending the TPS designation for Sudan and 
simultaneously redesignating Sudan for TPS through November 2, 2014?

    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in 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 4, 
1997 designation and the last redesignation on October 7, 2004 persist. 
The Secretary has further determined that the conditions in Sudan, 
which have deteriorated, support redesignating Sudan for TPS and 
changing the ``continuous residence'' and ``continuous physical 
presence'' dates so as to continue affording TPS protection to the 
approximately 300 Sudanese nationals who arrived in the United States 
before October 7, 2004 and registered under the initial designation or 
redesignations and to extend TPS protection to eligible Sudanese 
nationals who arrived between October 7, 2004 and January 9, 2013.
    Ongoing armed conflict throughout much of Sudan has caused 
continued insecurity and has led to continued internal displacement and 
refugee flight into neighboring countries. 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 threats to the safety of aid 
workers and restrictions on the movement and operations of aid 
organizations.
    Citizens of Sudan are affected by violent conflicts in four 
distinct areas: Darfur and the three transitional areas along the 
Sudan-South Sudan border (Abyei, Blue Nile State, and Southern 
Kordofan). In some areas of Darfur, Government-rebel clashes declined 
somewhat. However, in Darfur, rebel factions, bandits, and unidentified 
assailants have killed and abducted civilians, humanitarian workers, 
and personnel of the United Nations-African Union Hybrid Mission in 
Darfur (UNAMID); beaten and raped civilians; and used child soldiers. 
Since the initial deployment of UNAMID on December 31, 2007, over 35 
peacekeepers have been killed in Darfur as a result of hostile actions. 
Inter-ethnic violence is a severe problem, and has resulted in civilian 
deaths and displacement. Peace agreements for Darfur were signed in 
2006, 2007, 2010, and 2011, yet the fighting has continued. The ethnic 
and racial elements of the violence in Darfur distinguish it from the 
political and socio-economic based conflict between Sudan and South 
Sudan. In July and August 2012, there were attacks on the Kassab 
internally displaced people (IDP) camp in North Darfur. According to 
the American Free Press, these attacks killed an undetermined number of 
people and displaced 25,000 people temporarily.
    The 2005 Comprehensive Peace Agreement (CPA) ended Sudan's decades-
long civil war. But while provisions of the CPA have been upheld, many 
contentious issues remain unresolved and present the potential for 
conflict. Since South Sudan's secession, the three transition areas 
have remained the most contentious and violent regions. 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, Sudan Armed Forces (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. Although the SAF and the majority of the Sudanese police 
had withdrawn from the area by early 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 South Sudan's military--
the Sudan People's Liberation Army (SPLA)--erupted in Kadugli, the 
capital of Southern Kordofan. On June 25, 2011, 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.'' 
In the states of Southern Kordofan and Blue Nile, Sudanese government 
forces provided support, weapons, and ammunition to government-aligned 
militias, and the Sudanese government seldom took action against 
soldiers or militia members who attacked civilians. According to UN 
reports, the fighting in these two states displaced or severely 
affected over 650,000 people--an increase of over 400,000-500,000 
individuals since August 2011.
    In addition to the continued violence in Darfur and the three 
transitional areas, the government of Sudan has responded with violence 
to disperse recent protests and to repress participants and organizers, 
which has resulted in deaths and arrests of activists. For the most 
part, these were peaceful demonstrations. Beginning in January 2011, 
antigovernment protestors demonstrated in Khartoum (the capital of 
Sudan) calling for President Omar al-Bashir to resign. Protestors were 
met with forceful resistance from police and security forces. Protests 
continued in the capital as well as other locations during the spring 
of 2011 and again in December of 2011. Small but sustained anti-regime 
protests began again in Khartoum and other major towns throughout Sudan 
in June 2012 and continued through July and August 2012. The U.S. 
Embassy in Khartoum had received reports that anywhere from 1,000-2,000 
individuals from youth activist groups, opposition parties, and 
universities have been arrested and held in detention for prolonged 
periods of time without access to legal recourse. Reuters reported in 
August 2012 accounts of several deaths and an unknown number of 
injuries.
    Insecurity due to ongoing fighting and the ongoing targeting of 
civilians has led to continued displacement of the Sudanese population. 
The U.S. Government and humanitarian observers have repeatedly 
condemned the Sudanese government for targeting civilians in aerial 
bombing campaigns. Despite these international concerns, the Sudanese 
military has persisted in bombing campaigns against civilians, 
including the use of ``cluster bombs.'' Furthermore, the government's 
human rights record is extremely poor and includes instances of 
extrajudicial killings, disappearances, arbitrary arrest and detention, 
forced population movements, rape, slavery, forced conscription of 
children, and severely restricted freedom of assembly,

[[Page 1875]]

association, religion, speech, and movement. The Internal Displacement 
Monitoring Centre estimated that as of December 2011, there were over 4 
million internally displaced people. The UN High Commissioner for 
Refugees reported that there were more than 500,000 refugees 
originating from Sudan.
    Myriad factors contribute to the ongoing humanitarian crisis in 
Sudan that has left much of Sudan's population of approximately 26 
million in need of humanitarian assistance. While there were 
improvements in the levels of food security in some regions, drought 
and flooding contributed to increased food insecurity and malnutrition 
in others. The ability of aid workers to provide much needed 
humanitarian aid has not only been compromised by dangers to aid 
workers but also by government prohibitions on operations and access to 
certain areas where large populations of people are in need of 
assistance.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds that:
    <bullet> The conditions that prompted the October 7, 2004 
redesignation of 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).
    <bullet> There continues to be an armed conflict in Sudan and, due 
to such conflict, requiring the return of Sudanese nationals to 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).
    <bullet> There continue to be extraordinary and temporary 
conditions in Sudan that prevent Sudanese nationals from returning to 
Sudan in safety. See section 244(b)(1)(C) of the INA, 8 U.S.C. 
1254a(b)(1)(C).
    <bullet> It is not contrary to the national interest of the United 
States to permit Sudanese nationals (and persons who have no 
nationality who last habitually resided in 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).
    <bullet> The designation of 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).
    <bullet> Based on current country conditions, 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. 1254a(b)(1)(A), (b)(1)(C), and (b)(2).
    <bullet> TPS applicants must demonstrate that they have 
continuously resided in the United States since January 9, 2013.
    <bullet> 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 Sudan for TPS.
    <bullet> There are approximately 300 current 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. If such individuals present 
satisfactory documentation of their South Sudanese nationality, and are 
otherwise eligible for TPS, they may choose to register under the TPS 
redesignation of South Sudan instead of Sudan.
    <bullet> It is estimated that fewer than 4,000 additional 
individuals may be eligible for TPS under the combined redesignations 
of Sudan and South Sudan. With the creation of South Sudan having just 
occurred on July 9, 2011, it is difficult to break down this estimate 
between the two countries. This population includes potentially 
eligible Sudanese and South Sudanese who are in lawful nonimmigrant 
status or who have no other status.

Notice of Extension of the TPS Designation of Sudan and Redesignation 
of 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 
redesignation of Sudan for TPS on October 7, 2004, 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 Sudan for 18 
months from May 3, 2013 through November 2, 2014, and redesignating 
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 Re-
register for TPS

    To register or re-register for TPS for Sudan, an applicant must 
submit each of the following two applications:
    1. Application for Temporary Protected Status (Form I-821).
    <bullet> 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.
    <bullet> 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.

and

    2. Application for Employment Authorization (Form I-765).
    <bullet> If you are applying for initial registration and want an 
EAD, you must pay the fee for Application for the 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.
    <bullet> If you are applying for re-registration, you must pay the 
fee for the Application for Employment Authorization (Form I-765) only 
if you want an EAD.
    <bullet> 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.
    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).

[[Page 1876]]

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 re-
registration 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 
re-registration. 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
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                If . . .                          Mail to . . .
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You are applying through the U.S.        USCIS, P.O. Box 6943, Chicago,
 Postal Service.                          IL 60680-6943.
You are using a non-U.S. Postal Service  USCIS, Attn: TPS Sudan, 131 S.
 delivery service.                        Dearborn 3rd Floor, Chicago,
                                          IL 60603-5517.
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    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 re-
registering 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 <a href="/cdn-cgi/l/email-protection#4d191d1e24272a3f2c2339633b3e2e0d383e2e243e6329253e632a223b"><span class="__cf_email__" data-cfemail="0b5f5b5862616c796a657f257d78684b7e78686278256f6378256c647d">[email protected]</span></a> 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 Sudan TPS. Please mail your 
application to the mailing address listed in Table 1 above.

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 re-
registrants 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 Sudan 
and established the re-registration 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 re-registration 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

[[Page 1877]]

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 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 re-
registration 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 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 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 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 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 re-registration; 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

[[Page 1878]]

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. 2013-00049 Filed 1-8-13; 8:45 am]
BILLING CODE 9111-97-P


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