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. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1873 

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). 

• 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 

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)? 

• 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, 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). 

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). 


srobinson on DSK4SPTVN1PROD with 
1874 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

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 alBashir 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, 


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

• 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). 

• 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). 

• 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). 

• 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). 

• 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). 

• 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). 

• 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 

Sudan for TPS. 

• 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. 

• 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 Reregister 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). 

• 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. 

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 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. 

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

Application for Employment 

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. 

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). 


srobinson on DSK4SPTVN1PROD with 
1876 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

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 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 

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 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 

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 


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


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1878 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Agency Information Collection 

Activities: Administrative Rulings 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: 30-Day notice and request for 

comments; Extension of an existing 

information collection. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) of the Department of 

Homeland Security will be submitting 

the following information collection 

request to the Office of Management and 

Budget (OMB) for review and approval 

in accordance with the Paperwork 

Reduction Act: Administrative Rulings. 

This is a proposed extension of an 

information collection that was 

previously approved. CBP is proposing 

that this information collection be 

extended with no change to the burden 

hours. This document is published to 

obtain comments from the public and 

affected agencies. This information 

collection was previously published in 

the Federal Register (77 FR 66626) on 

November 6, 2012, allowing for a 60-day 

comment period. This notice allows for 

an additional 30 days for public 

comments. This process is conducted in 

accordance with 5 CFR 1320.10. 

DATES: Written comments should be 

received on or before February 8, 2013. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

this information collection to the Office 

of Information and Regulatory Affairs, 

Office of Management and Budget. 

Comments should be addressed to the 

OMB Desk Officer for U.S. Customs and 

Border Protection, Department of 

Homeland Security, and sent via 

electronic mail to 

oira_submission@omb.eop.gov or faxed 

to (202) 395–5806. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Tracey Denning, 

U.S. Customs and Border Protection, 

Regulations and Rulings, Office of 

International Trade, 799 9th Street NW., 

5th Floor, Washington, DC 20229–1177, 

at 202–325–0265. 

SUPPLEMENTARY INFORMATION: CBP 

invites the general public and affected 

Federal agencies to submit written 

comments and suggestions on proposed 

and/or continuing information 

collection requests pursuant to the 

Paperwork Reduction Act (Pub. L. 104– 

13). Your comments should address one 

of the following four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency/component, 

including whether the information will 

have practical utility; 

(2) Evaluate the accuracy of the 

agencies/components estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collections of information on those who 

are to respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

techniques or other forms of 

information. 

Title: Administrative Rulings. 

OMB Number: 1651–0085. 

Form Number: None. 

Abstract: The collection of 

information in 19 CFR Part 177 is 

necessary in order to enable Customs 

and Border Protection (CBP) to respond 

to requests by importers and other 

interested persons for the issuance of 

administrative rulings. These rulings 

pertain to the interpretation of 

applicable laws related to prospective 

and current transactions involving 

classification, marking, and country of 

origin. The collection of information in 

Part 177 of the CBP Regulations is also 

necessary to enable CBP to make proper 

decisions regarding the issuance of 

binding rulings that modify or revoke 

prior CBP binding rulings. This 

collection of information is authorized 

by 19 U.S.C. 66, 1202, (General Note 

3(i), Harmonized Tariff Schedule of the 

United States). The application to obtain 

an administrative ruling is accessible at: 

https://apps.cbp.gov/erulings. 

Action: CBP proposes to extend the 

expiration date of this information 

collection with no change to the 

estimated burden hours or to the 

information collected. 

Type of Review: Extension (without 

change). 

Affected Public: Businesses. 

Rulings 

Estimated Number of Respondents: 

12,000. 

Estimated Time per Respondent: 10 

hours. 

Estimated Total Annual Burden 

Hours: 120,000. 

Appeals 

Estimated Number of Respondents: 

200. 

Estimated Time per Respondent: 40 

hours. 

Estimated Total Annual Burden 

Hours: 8,000. 

Dated: January 3, 2013. 

Tracey Denning, 

Agency Clearance Officer, U.S. Customs and 

Border Protection. 

[FR Doc. 2013–00145 Filed 1–8–13; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R6–ES–2012–N299; 

FXES11130600000D2–123–FF06E00000] 

Endangered and Threatened Wildlife 

and Plants; Recovery Permit 

Applications 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, invite the public to 

comment on the following applications 

to conduct certain activities with 

endangered or threatened species. The 

Endangered Species Act of 1973, as 

amended (Act), prohibits activities with 

endangered and threatened species 

unless a Federal permit allows such 

activity. The Act also requires that we 

invite public comment before issuing 

these permits. 

DATES: To ensure consideration, please 

send your written comments by 

February 8, 2013. 

ADDRESSES: You may submit comments 

or requests for copies or more 

information by any of the following 

methods. Alternatively, you may use 

one of the following methods to request 

hard copies or a CD–ROM of the 

documents. Please specify the permit 

you are interested in by number (e.g., 

Permit No. TE–123456). 


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