[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12190-12201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04573]



[[Page 12190]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2712-22; DHS Docket No. USCIS-2014-004]
RIN 1615-ZB79


Extension and Redesignation of South Sudan for Temporary 
Protected Status

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security (DHS).

ACTION: Notice.

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SUMMARY: Through this notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of South Sudan for Temporary Protected Status 
(TPS) for 18 months, from May 3, 2022, through November 3, 2023, and 
redesignating South Sudan for 18 months, effective May 3, 2022, through 
November 3, 2023. The extension allows currently eligible TPS 
beneficiaries to retain TPS through November 3, 2023, so long as they 
otherwise continue to meet the eligibility requirements for TPS. The 
redesignation of South Sudan allows additional individuals who have 
been continuously residing in the United States since March 1, 2022, to 
obtain TPS, if otherwise eligible.

DATES: Extension of Designation of South Sudan for TPS: The 18-month 
extension of the TPS designation of South Sudan is effective May 3, 
2022, and will remain in effect through November 3, 2023. The 60-day 
re-registration period for existing beneficiaries runs from March 3, 
2022, through May 2, 2022. (Note: It is important for re-registrants to 
timely re-register during this 60-day period and not to wait until 
their Employment Authorization Documents (EADs) expire, which could 
result in their having gaps in their employment authorization 
documentation.)
    Redesignation of South Sudan for TPS: The 18-month redesignation of 
South Sudan for TPS is effective May 3, 2022, and will remain in effect 
through November 3, 2023. The initial registration period for new 
applicants under the South Sudan TPS redesignation begins on March 3, 
2022, and will remain in effect through November 3, 2023.

FOR FURTHER INFORMATION CONTACT:
    <bullet> You may contact Ren[aacute] Cutlip-Mason, Chief, 
Humanitarian Affairs Division, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, U.S. Department of Homeland 
Security, by mail at 5900 Capital Gateway Drive, Camp Springs, MD 
20746, or by phone at 800-375-5283.
    <bullet> For further information on TPS, including guidance on the 
registration and re-registration process and additional information on 
eligibility, please visit the USCIS TPS web page at https://www.uscis.gov/tps. You can find specific information about this 
extension of South Sudan's TPS designation by selecting ``South Sudan'' 
from the menu on the left side of the TPS web page.
    <bullet> If you have additional questions about TPS, please visit 
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of 
your questions and point you to additional information on our website. 
If you are unable to find your answers there, you may also call our 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
    <bullet> Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at https://www.uscis.gov, or visit the USCIS Contact Center at 
uscis.gov/contactcenter.
    <bullet> Further information will also be available at local USCIS 
offices upon publication of this notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant 
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

    Through this notice, DHS sets forth procedures necessary for 
eligible nationals of South Sudan (or individuals having no nationality 
who last habitually resided in South Sudan) to (1) re-register for TPS 
and to apply for renewal of their EADs with USCIS or (2) submit an 
initial registration application under the redesignation and apply for 
an EAD.
    Re-registration is limited to individuals who have previously 
registered for TPS under a prior designation of South Sudan and whose 
applications have been granted. Failure to re-register properly may 
result in the withdrawal of your TPS following appropriate procedures. 
See 8 CFR 244.14.
    For individuals who have already been granted TPS under South 
Sudan's designation, the 60-day re-registration period runs from March 
3, 2022, through May 2, 2022. USCIS will issue new EADs with a November 
3, 2023, expiration date to eligible South Sudanese TPS beneficiaries 
who timely re-register and apply for EADs. Given the time frames 
involved with processing TPS re-registration applications, DHS 
recognizes that not all re-registrants may receive new EADs before 
their current EADs expire on May 2, 2022. Accordingly, through this 
Federal Register notice, DHS automatically extends the validity of EADs 
previously issued under the TPS designation of South Sudan for 180 
days, through November 1, 2022. Therefore, TPS beneficiaries can show 
their EADs with: (1) A May 2, 2022, expiration date on the face of the 
card and (2) an A-12 or C-19 category code as proof of continued 
employment authorization through November 1, 2022. This notice explains 
how TPS beneficiaries and their employers may determine which EADs are 
automatically extended and how this affects the Form I-9, Employment 
Eligibility Verification, E-Verify, and USCIS Systematic Alien 
Verification for Entitlements (SAVE) processes.
    Individuals who have a South Sudan TPS application (Form I-821) 
and/or Application for Employment Authorization (Form I-765) that was 
still pending as of March 3, 2022, do not need to file either 
application again. If USCIS approves an individual's Form I-821, USCIS 
will grant the individual TPS through November 3, 2023. Similarly, if 
USCIS approves a pending TPS-related Form I-765, USCIS will issue the 
individual a new EAD that will be valid through the same date. There 
are currently approximately 97 beneficiaries under South Sudan's TPS 
designation.
    Under the redesignation, individuals who currently do not have TPS 
may

[[Page 12191]]

submit an initial application during the initial registration period 
that runs from March 3, 2022, and runs through the full length of the 
redesignation period ending November 3, 2023.\1\ In addition to 
demonstrating continuous residence in the United States since March 1, 
2022 and meeting other eligibility criteria, initial applicants for TPS 
under this redesignation must demonstrate that they have been 
continuously physically present in the United States since March 3, 
2022, the effective date of this redesignation of South Sudan, before 
USCIS may grant them TPS. The DHS Office of Immigration Statistics has 
estimated that approximately 235 individuals may become newly eligible 
for TPS under the redesignation of South Sudan.
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    \1\ In general, individuals must be given an initial 
registration period of no less than 180 days to register for TPS, 
but the Secretary has discretion to provide for a longer 
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). Historically, 
the length of the initial registration period has varied. Compare 66 
FR 14214 (March 9, 2001) (18 months initial registration period for 
applicants under TPS designation for El Salvador) with 80 FR 36346 
(June 24, 2015) (180-day initial registration period for applicants 
under TPS designation for Nepal). In recent years, this period has 
generally been limited to the statutory minimum of 180 days, 
although later extensions of the initial registration period have 
also been announced for some countries. See, e.g., 81 FR 4051 (Jan. 
25, 2016) (setting 180-day initial registration period during 
extension and redesignation of South Sudan for TPS); 78 FR 1866 
(Jan. 9, 2013) (setting 180-day initial registration period during 
extension and redesignation of Sudan for TPS); 75 FR 39957 (July 13, 
2010) (extension of previously announced initial 180-day 
registration period for Haiti TPS applicants to allow more time for 
individuals to apply). After evaluating whether to limit the initial 
registration period for TPS under this new designation of South 
Sudan to the statutory minimum of 180 days, DHS has determined that 
it will provide the full 18 months of this designation for 
applicants to file their initial registration Form I-821 and, if 
desired, Form I-765 to obtain employment authorization 
documentation. Limiting the initial registration period to 180 days 
may place a burden on applicants who may be otherwise eligible for 
TPS. In addition, permitting registration throughout the entirety of 
the designation period could reduce the operational burden on USCIS, 
as incoming applications may be spread out over a longer period of 
time. This extended registration period is both in keeping with the 
humanitarian purpose of TPS and will better advance the goal of 
ensuring ``the Federal Government eliminates sources of fear and 
other barriers that prevent immigrants from accessing government 
services available to them.'' See Executive Order 14012, Restoring 
Faith in Our Legal Immigration Systems and Strengthening Integration 
and Inclusion Efforts for New Americans, 86 FR 8277 (Feb. 5, 2021).
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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 INA, or to eligible 
individuals 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, may not be removed, and are 
authorized to obtain EADs so long as they continue to meet the 
requirements of TPS.
    <bullet> TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion. Upon return from such 
authorized travel, TPS beneficiaries retain the same immigration status 
they had prior to the travel.
    <bullet> To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
    <bullet> When the Secretary terminates a country's TPS designation, 
beneficiaries return to one of the following:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
been terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, as long as it is still valid 
beyond the date TPS terminates.

When was South Sudan designated for TPS?

    South Sudan was initially designated on October 13, 2011, on the 
dual bases of ongoing armed conflict and extraordinary and temporary 
conditions in South Sudan that prevented nationals of South Sudan from 
safely returning. See Designation of Republic of South Sudan for 
Temporary Protected Status, 76 FR 63629 (Oct. 13, 2011). Following the 
initial designation, the Secretary extended and redesignated South 
Sudan for TPS in 2013, 2014, and 2016. See Extension and Redesignation 
of South Sudan for Temporary Protected Status, 78 FR 1866 (Jan. 9, 
2013); Extension and Redesignation of South Sudan for Temporary 
Protected Status, 79 FR 52019 (Sept. 2, 2014); Extension and 
Redesignation of South Sudan for Temporary Protected Status, 81 FR 4051 
(Jan. 25, 2016). In 2017 and 2019, DHS extended TPS for South Sudan, 
based on ongoing armed conflict and extraordinary and temporary 
conditions. See Extension of South Sudan for Temporary Protected 
Status, 82 FR 44205 (Sept. 21, 2017); Extension of the Designation of 
South Sudan for Temporary Protected Status, 84 FR 13688 (Apr. 5, 2019). 
Most recently, in 2020, DHS extended South Sudan's TPS designation for 
18 months, based on ongoing armed conflict and extraordinary and 
temporary conditions. See Extension of the Designation of South Sudan 
for Temporary Protected Status, 85 FR 69344 (Nov. 2, 2020).

What authority does the Secretary have to extend the designation of 
South Sudan for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government (Government), to designate a foreign state (or part thereof) 
for TPS if the Secretary determines that certain country conditions 
exist.\2\ The decision to designate any foreign state (or part thereof) 
is a discretionary decision, and the TPS statute states that there is 
no judicial review of any determination with respect to the 
designation, extension, or termination of a designation.\3\ The 
Secretary, in their discretion, may then grant TPS to eligible 
nationals of that foreign state (or individuals having no nationality 
who last habitually resided in the designated country). See INA section 
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \2\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to DHS ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security 
Act of 2002, tit. XV, section 1517).
    \3\ See INA, section 244(b)(5)(A). This issue of judicial review 
is the subject of litigation. See, e.g., Ramos v. Wolf, 975 F.3d 872 
(9th Cir. 2020), petition for en banc rehearing filed Nov. 30, 2020 
(No. 18-16981); Saget v. Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019).
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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 the 
foreign state designated for TPS to determine whether the conditions 
for the TPS designation continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary does not 
determine that the foreign state no longer meets the conditions for TPS 
designation, the designation will be extended for an additional period 
of 6 months or, in the Secretary's discretion, 12 or 18 months. See INA 
section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the 
Secretary determines that the foreign state no longer meets the 
conditions for TPS designation, the Secretary must terminate the 
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

[[Page 12192]]

What is the Secretary's authority to redesignate South Sudan for TPS?

    In addition to extending an existing TPS designation, the 
Secretary, after consultation with appropriate Government agencies, may 
redesignate a country (or part thereof) for TPS. See section 244(b)(1) 
of the Act, 8 U.S.C. 1254a(b)(1); see also section 244(c)(1)(A)(i) of 
the Act, 8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has 
been continuously physically present since the effective date of the 
most recent designation of the state'') (emphasis added).\4\
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    \4\ The extension and redesignation of TPS for South Sudan is 
one of several instances in which the Secretary and, prior to the 
establishment of DHS, the Attorney General, have simultaneously 
extended a country's TPS designation and redesignated the country 
for TPS. See, e.g., 76 FR 29000 (May 19, 2011) (extension and 
redesignation for Haiti); 69 FR 60168 (Oct. 7, 2004) (extension and 
redesignation for Sudan); 62 FR 16608 (Apr. 7, 1997) (extension and 
redesignation for Liberia).
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    When the Secretary designates or redesignates a country for TPS, 
the Secretary also has the discretion to establish the date from which 
TPS applicants must demonstrate that they have been ``continuously 
resid[ing]'' in the United States. See section 244(c)(1)(A)(ii) of the 
Act, 8 U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the 
``continuous residence'' date for applicants for TPS under the 
redesignation of South Sudan shall be March 1, 2022. Initial applicants 
for TPS under this redesignation must also show they have been 
``continuously physically present'' in the United States since March 3, 
2022, which is the effective date of the Secretary's redesignation, of 
South Sudan. See section 244(c)(1)(A)(i) of the Act, 8 U.S.C. 
1254a(c)(1)(A)(i). For each initial TPS application filed under the 
redesignation, the final determination of whether the applicant has met 
the ``continuous physical presence'' requirement cannot be made until 
March 3, 2022. USCIS, however, will issue employment authorization 
documentation, as appropriate, during the registration period in 
accordance with 8 CFR 244.5(b).

Why is the Secretary extending the TPS designation for South Sudan and 
simultaneously redesignating South Sudan for TPS through November 3, 
2023?

    DHS has reviewed country conditions in South Sudan. Based on the 
review, including consultation with the Department of State (DOS), the 
Secretary has determined that an 18-month extension is warranted 
because the ongoing armed conflict and extraordinary and temporary 
conditions supporting South Sudan's TPS designation persist. The 
Secretary has further determined that the conditions support 
redesignating South Sudan for TPS under section 244(b)(1)(A) and (C) of 
the Act and is changing the ``continuous residence'' and ``continuous 
physical presence'' dates that applicants must meet to be eligible for 
TPS. Armed conflict and extraordinary and temporary conditions in South 
Sudan persist. Armed conflict poses a serious threat to the safety of 
returning nationals in South Sudan. Despite a 2018 ceasefire of South 
Sudan's civil war, ongoing fighting between the major armed groups 
continue to result in violence against civilians, including civilian 
casualties and gender-based violence, in several large areas of the 
country. Extraordinary and temporary conditions that further prevent 
South Sudanese nationals from returning in safety include an 
exceptional level of intercommunal violence, a humanitarian crisis 
involving severe food insecurity, record-setting flooding, and large-
scale displacement of civilians.
    Since February 2020, limited implementation of the September 2018 
Revitalized Agreement on the Resolution of the Conflict in the Republic 
of South Sudan (R-ARCSS) \5\ ``has hindered improvements in the 
protection of civilians and prospects for long-term peace'' in South 
Sudan.\6\ Moreover, ongoing political disputes and disagreements 
between the two main signatories--the Sudan People's Liberation 
Movement (SPLM), led by President Salva Kiir Mayardit, and the Sudan 
People's Liberation Movement-Army in Opposition (SPLM/A-IO), led by the 
First Vice-President, Riek Machar Teny, ``has widened existing 
political, military and ethnic divisions in the country and has led to 
multiple incidents of violence'' between the two parties.\7\ Political 
divisions among the non-signatories \8\ to the R-ARCSS have also not 
been resolved.\9\ Moreover, the SPLM/A-IO has begun to break apart and 
new splinter groups have formed,\10\ resulting in increased 
violence.\11\
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    \5\ The Revitalized Agreement on the Resolution of the Conflict 
in the Republic of South Sudan (R-ARCSS) was signed on September 12, 
2018 by President Kiir, current First Vice President Riek Machar 
Teny, and other representatives of certain opposition groups. A 
prior peace agreement was signed in 2015 and a unity government was 
formed; however, fighting ensued between the parties in July 2016 
and Machar left South Sudan shortly thereafter. The R-ARCSS 
addresses various political, security, and transitional justice 
issues, including the establishment of a unity government. However, 
not all of South Sudan's opposition leaders signed the agreement, 
including a key opposition group, the National Salvation Front 
(NAS). South Sudan Security Situation, EASO, April 24, 2020, pg. 3, 
available at: https://www.ecoi.net/en/file/local/2028851/2020_04_Q8_COI_South_Sudan_Security_Situation.pdf.
    \6\ Panel of Experts on South Sudan, United Nations (UN) 
Security Council, April 15, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
    \7\ Panel of Experts on South Sudan, UN Security Council, April 
15, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
    \8\ Previously united under one umbrella group--the South Sudan 
Opposition Movements Alliance--non-signatories of the R-ARCSS have 
divided into two factions, one led by General Thomas Cirillo Swaka, 
the leader of the National Salvation Front (``NAS''), and another 
led by General Pagan Amum and General Paul Malong Awan Anei. Panel 
of Experts on South Sudan, UN Security Council, April 15 2021, pg. 
9, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
    \9\ Panel of Experts on South Sudan, UN Security Council, April 
15, 2021, pg. 9, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
    \10\ See id.
    \11\ SURFACE TENSION: `COMMUNAL' VIOLENCE AND ELITE AMBITIONS IN 
SOUTH SUDAN, ACLED, August 19, 2021, available at: https://acleddata.com/2021/08/19/surface-tension-communal-violence-and-elite-ambitions-in-south-sudan/.
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    Thus, South Sudan faces increasing violence \12\ from both 
government security forces and armed groups.\13\ In 2020, the United 
Nations (UN) and international organizations reported on ``widespread 
killings, mutilations, and sexual violence, disproportionately 
committed by government forces but also by the National Salvation Front 
\14\ (NAS), a key opposition group.'' \15\ In March 2021, the UN 
Commission on Human Rights in South Sudan noted that armed clashes at 
the local level also resulted in the mass displacement of the civilian 
population, particularly women and girls.\16\ Children are among those

[[Page 12193]]

feeling the greatest impact of this violence, which--along with other 
factors--is exposing them to protection risks and life-threatening 
diseases.\17\ Moreover, sexual violence--including rape, gang rape, 
abduction, sexual slavery, and sexual mutilation remain ``consistent 
features of the conflict in South Sudan since 2013, and are now being 
replicated in conflict at the local level.'' \18\
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    \12\ See id.
    \13\ Panel of Experts on South Sudan, UN Security Council, April 
15, 2021, pg. 15, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
    \14\ The opposition group NAS is led by General Thomas Cirillo 
Swaka, and has maintained a significant security presence and 
support in Central Equatoria. NAS is not a signatory to the R-ARCSS, 
maintaining that the root causes of the conflict in South Sudan have 
not been addressed in the peace agreement. See Final report of the 
Panel of Experts on South Sudan, UN Security Council, April 28, 
2020, pg. 16, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
    \15\ 2020 Country Reports on Human Rights Practices: South 
Sudan, U.S. Department of State, March 31, 2021, section 1, 
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
    \16\ Report of the Commission on Human Rights in South Sudan, UN 
Human Rights Council, February 4, 2021, pg. 14, available at: 
https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
    \17\ South Sudan Humanitarian Situation Report, UN Children's 
Fund (UNICEF), December 30, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/unicef-south-sudan-humanitarian-situation-report-no-163-1-30-november-2021.
    \18\ Report of the Commission on Human Rights in South Sudan, UN 
Human Rights Council, February 4, 2021, pg. 14; available at: 
https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
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    Humanitarian organizations in South Sudan continue to face security 
and bureaucratic barriers that affect the delivery of and access to 
humanitarian aid and pose ``serious personal risks to aid workers.'' 
\19\
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    \19\ Panel of Experts on South Sudan, UN Security Council, April 
15, 2021, pg. 16, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
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    Moreover, in 2021, ``widespread flooding, ongoing violence, and 
subsequent displacement continued to deepen humanitarian needs in South 
Sudan.'' \20\ As a result, South Sudan is also facing ``one of the 
direst food crises the country has faced since its independence in 
2011.'' \21\ Chronic food shortages, a deepening economic crisis, 
insecurity, and limited agricultural production have led to high levels 
of acute malnutrition.\22\ South Sudan's health care infrastructure 
also remains inadequate.\23\ Facilities are limited, often 
inaccessible, and facing staffing shortages amongst ongoing insecurity 
and violence.\24\
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    \20\ Situation in South Sudan; Report of the Secretary-General, 
UN Security Council, December 7, 2021 pg. 5, available at: https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
    \21\ Panel of Experts on South Sudan, UN Security Council, April 
15, 2021, pg. 15, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
    \22\ South Sudan Humanitarian Fund Annual Report 2020, UN Office 
for the Coordination of Humanitarian Affairs (UNOCHA), July 6, 2021, 
pg. 7, available at: https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
    \23\ South Sudan--Strengthening primary health care in fragile 
settings, World Health Organization, May 20, 2021, available at: 
https://www.who.int/news-room/feature-stories/detail/south-sudan-2021.
    \24\ South Sudan--Strengthening primary health care in fragile 
settings, World Health Organization, May 20, 2021, available at: 
https://www.who.int/news-room/feature-stories/detail/south-sudan-2021.
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Numbers at a Glance

    The United States Agency for International Development (USAID) 
provided the following key statistics for South Sudan in a January 19, 
2022 Fact Sheet: \25\
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    \25\ South Sudan--Crisis, Fact Sheet #2 Fiscal Year 2022, U.S. 
Agency for International Development (USAID), January 19, 2022, 
available at: https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-2-fiscal-year-fy-2022.

<bullet> Number of people in need of Humanitarian Assistance: 8,300,000 
\26\ (per UN Office for the Coordination of Humanitarian Affairs 
(UNOCHA) as of March 2021)
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    \26\ According to UNOCHA, as of January 2021 the total 
population of South Sudan is 12.1 million. South Sudan--Crisis, Fact 
Sheet #2 Fiscal Year 2022, USAID, January 19, 2022, available at: 
https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-2-fiscal-year-fy-2022.
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<bullet> Number of estimated internally displaced persons (IDPs): 
2,000,000 (per UNOCHA as of January 2022)
<bullet> Number of people affected by ongoing floods since May 2021: 
835,000 (per UNOCHA as of January 2022)
<bullet> Estimated number of refugees from South Sudan in neighboring 
countries: 2,300,000 (per Office of the UN High Commissioner for 
Refugees (UNHCR) as of November 2021)

Security Situation

    In June 2021, the UN reported that ``the overall implementation of 
the R-ARCSS is progressing slowly.'' \27\ Political gridlock over 
implementation of the political and security aspects of the R-ARCSS 
have also contributed to insecurity in South Sudan.\28\ The UN further 
assessed that weak or absent State governance has allowed ``perennial 
communal and ethnic cleavages,'' while entrenched insecurity 
contributes to a vicious cycle of livestock raiding and subsequent food 
insecurity. A weakened rule of law and flagging economic conditions 
have resulted in increased criminality and the targeting of 
humanitarian workers.\29\
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    \27\ Marking a Decade of Independence, South Sudan Faces Slow 
Progress, Lingering Violence, Secretary-General's Special 
Representative Tells Security Council, UN Security Council, June 22, 
2021, available at: https://reliefweb.int/report/south-sudan/marking-decade-independence-south-sudan-faces-slow-progress-lingering-violence.
    \28\ Panel of Experts on South Sudan, UN Security Council, April 
15, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
    \29\ Marking a Decade of Independence, South Sudan Faces Slow 
Progress, Lingering Violence, Secretary-General's Special 
Representative Tells Security Council, UN Security Council, June 22, 
2021, available at: https://reliefweb.int/report/south-sudan/marking-decade-independence-south-sudan-faces-slow-progress-lingering-violence.
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    The lack of adequate financial resources and logistical support for 
the unification, training, and deployment of the South Sudan armed 
forces, as outlined in the R-ARCSS, remains a significant security 
challenge.\30\ A key component of the R-ARCSS is the long-term 
garrisoning (cantonment), registration, screening, selection, training 
and redeployment of opposition forces and the creation of a unified 
army of 83,000 soldiers. South Sudanese military cantonment sites and 
training centers \31\ have made little progress in establishing a 
unified force, further contributing to a security vacuum in the 
country.\32\ Security forces in the few cantonment sites often lack 
access to basic services, such as food, water, sanitation and health 
care.\33\ In addition, the proliferation and availability of small 
amounts of ammunition across South Sudan \34\ has ``enabled armed 
groups not associated with government security forces, such as local 
militias and cattle-raiding groups, to perpetuate instability'' in the 
country.\35\
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    \30\ Report of the Commission on Human Rights in South Sudan, UN 
Human Rights Council, March 4, 2021, pg. 4, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
    \31\ Report of the Commission on Human Rights in South Sudan, 
United Nations General Assembly, January 31, 2020, pg. 6, available 
at: https://www.ecoi.net/en/file/local/2025863/A_HRC_43_56_E.pdf.
    \32\ Report of the Commission on Human Rights in South Sudan, UN 
Human Right Council, March 4, 2021, pg. 13, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
    \33\ Report of the Commission on Human Rights in South Sudan [A/
HRC/46/53] UN Human Rights Council, March 4, 2021, pg. 4, available 
at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
    \34\ Panel of Experts on South Sudan, UN Security Council, April 
15, 2021, pg. 21, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
    \35\ Panel of Experts on South Sudan, UN Security Council, April 
15, 2021, pg. 21, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
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    The U.S. Department of State noted in its 2020 Country Reports on 
Human Rights Practices for South Sudan that:

    The United Nations, international cease-fire monitors, human 
rights organizations, and media reported the government, or its 
agents, committed numerous arbitrary or unlawful killings. Security 
forces, opposition forces, armed militias affiliated with the 
government and the opposition, and ethnically based groups were also 
responsible for widespread extrajudicial killings.\36\
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    \36\ 2020 Country Reports on Human Rights Practices: South 
Sudan, U.S. Department of State, March 31, 2021, section 1, 
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.

    Moreover, in 2020, ongoing violence in Jonglei and the Greater 
Pibor Administration Area was ``the worst

[[Page 12194]]

recorded since the outbreak of the national conflict in South Sudan in 
December 2013, with waves of attacks and reprisals that left hundreds 
of South Sudanese women, men and children dead, maimed or destitute.'' 
\37\ In March 2021, the UN Commission on Human Rights in South Sudan 
assessed that ``gross human rightsviolations and abuses amounting to 
serious violations of international humanitarian law were committed in 
the context of localized conflicts by armed militias affiliated to the 
primary parties in conflict--the South Sudan People's Defence Forces 
(SSPDF) and the Sudan People's Liberation Movement--In Opposition 
(SPLA-IO).'' \38\ These acts included those'':
---------------------------------------------------------------------------

    \37\ Report of the Commission on Human Rights in South Sudan UN 
Human Rights Council, March 4, 2021, pg. 7, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
    \38\ Report of the Commission on Human Rights in South Sudan, UN 
Human Rights Council, March 4, 2021, pg. 9, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.

perpetrated against civilians, includ[ing] abductions, forced 
recruitment (including of children), murder, sexual violence, ill-
treatment, looting and the unnecessary destruction of property. Many 
of these attacks revealed a shocking disregard for civilian 
lives.\39\
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    \39\ Id.

    In 2021, Upper Nile, Warrap, Lakes, Central Equatoria, and Western 
Equatoria states were particularly affected by violence ``resulting in 
displacement, increased protection risks and rights violations, as well 
as diminished humanitarian access.'' \40\
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    \40\ Situation in South Sudan, UN Security Council, September 9, 
2021, pg. 4, available at: https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
---------------------------------------------------------------------------

Violence Against Children

    Children in South Sudan continued to be victims of what the Office 
of the Special Representative of the Secretary General for Children and 
Armed Conflict refers to as ``grave violations'' against children.\41\ 
According to the UN Security Council's 2021 Children and Armed Conflict 
in South Sudan report, children were recruited by the SPLM/A-IO and the 
SSPDF.\42\ In addition, hundreds of girls and boys continue to be 
abducted.\43\ Perpetrators of child abduction included the NAS, SPLM/A-
IO, and SSPDF.\44\ Child abuse, including sexual abuse, was reportedly 
also widespread in South Sudan.\45\
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    \41\ To better monitor, prevent, and end these attacks, the 
United Nations Security Council hasidentified and condemned six 
grave violations against children in times of war: Killing and 
maiming of children; recruitment or use of children in armed forces 
and armed groups; attacks on schools or hospitals; rape or other 
grave sexual violence; abduction of children; and denial of 
humanitarian access for children, The Six Grave Violations, Office 
of the Special Representative of the Secretary General for Children 
and Armed Conflict, https://childrenandarmedconflict.un.org/six-grave-violations/ (last visited on January 13, 2022).
    \42\ Id.
    \43\ Report of the Commission on Human Rights in South Sudan, 
United Nations General Assembly, February 4, 2021, pg. 7, available 
at: https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.
    \44\ Children and armed conflict in South Sudan, United Nations 
Security Council, May 6, 2021, pg. 21, available at: https://www.un.org/ga/search/view_doc.asp?symbol=S/2021/437&Lang=E&Area=UNDOC.
    \45\ 2020 Country Reports on Human Rights Practices: South 
Sudan, U.S. Department of State, March 31, 2021, section 5, 
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
---------------------------------------------------------------------------

Sexual and Gender-Based Violence

    Sexual and gender-based violence remains a ``hallmark of the 
conflict in South Sudan.'' \46\ In February 2021, the UN Commission on 
Human Rights in South Sudan reported that:
---------------------------------------------------------------------------

    \46\ Report of the Commission on Human Rights in South Sudan, UN 
Human Rights Council, February 4, 2021, pg. 13, https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.

    As of September 2020, South Sudan had seen an estimated 88 
percent increase in the number of women victims of conflict-related 
sexual violence since the previous quarter and a 119 percent rise in 
the number of abductions since the previous quarter. The upsurge in 
localized conflict in Central Equatoria (Yei and surrounding areas), 
Jonglei and the Greater Pibor Administrative Area and Warrap (Tonj 
West and North) saw women and girls targeted by all sides.\47\
---------------------------------------------------------------------------

    \47\ Id.

    In addition, rural communities often abducted women and children 
during cattle raids.\48\ Girls who are abducted have been reportedly 
``forced into sexual slavery, tortured and repeatedly gang raped.'' 
\49\ According to credible reports, perpetrators of forced marriage and 
sexual violence include security forces, community-based militias, 
civil defense groups, and other armed groups.\50\
---------------------------------------------------------------------------

    \48\ 2020 Country Reports on Human Rights Practices: South 
Sudan, U.S. Department of State, March 31, 2021, section 5, 
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
    \49\ Report of the Commission on Human Rights in South Sudan, 
United Nations General Assembly, February 4, 2021, pg. 7, https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.
    \50\ UNHCR Position on Returns to South Sudan, UNHCR, October 
2021, pg. 7, https://www.refworld.org/pdfid/617676f04.pdf.
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Humanitarian Situation

    In 2020, continued violence, particularly in Jonglei, Warrap, and 
the Greater Equatoria region resulted in ``sustained mass population 
displacement, both within the country and into neighboring countries, 
and high levels of humanitarian and protection needs.'' \51\ Insecurity 
and COVID-related restrictions also further hampered humanitarian 
organizations' ability to deploy and respond to medical and other 
emergency needs in the area.\52\
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    \51\ 2020 Country Reports on Human Rights Practices: South 
Sudan, U.S. Department of State, March 31, 2021, section 5, 
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
    \52\ South Sudan--Violence, floods, displacement in Jonglei, 
European Civil Protection and Humanitarian Aid Operations, August 
11, 2020, available at: https://reliefweb.int/report/south-sudan/south-sudan-violence-floods-displacement-jonglei-dg-echo-ocha-media-echo-daily.
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    In January 2021, UNOCHA assessed that ``more people in South Sudan 
than ever are in need of humanitarian assistance,'' resulting in an 
``estimated 8.5 million people, over two thirds of the population, in 
need of humanitarian assistance, compared to 7.5 million in 2020 and 
7.1 million in 2019.'' \53\ South Sudan is also facing high levels of 
food insecurity and violence, coupled with flooding and the impact of 
the COVID-19 pandemic.\54\
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    \53\ Panel of Experts on South Sudan, UN Security Council, April 
15, 2021, pg. 16, https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
    \54\ Situation in South Sudan, UN Security Council, September 9, 
2021, pg. 6, https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
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Displacement

    Civilians faced significant conflict-related forced displacement in 
South Sudan.\55\ In August 2020, UNOCHA estimated that since February 
2020, 157,000 people had been displaced in several counties in Jonglei 
state, as a result of the ongoing violence and revenge attacks among 
the warring parties.\56\ In 2021, fighting between armed forces, 
ongoing violence, and cattle raids in Central and Western Equatoria, 
Jonglei, the Greater Pibor Administrative Area and Upper Nile states 
``uprooted people and disrupted humanitarian activities.'' \57\ In 
Western Equatoria, an estimated 80,000 people

[[Page 12195]]

were displaced in Tambura country.\58\ In early July 2021, fighting in 
Warrap state displaced around 10,000 people and left hundreds without 
any shelter.\59\ In Upper Nile, in August 2021, fighting among factions 
of SPLM/A-IO displaced some 2,000 people.\60\
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    \55\ Panel of Experts on South Sudan, UN Security Council, April 
15, 2021, pg. 25, https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
    \56\ South Sudan--Violence, floods, displacement in Jonglei, 
European Civil Protection and Humanitarian Aid Operations, August 
11, 2020, https://reliefweb.int/report/south-sudan/south-sudan-violence-floods-displacement-jonglei-dg-echo-ocha-media-echo-daily.
    \57\ Situation in South Sudan, UN Security Council, September 9, 
2021, pg. 6-7, https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
    \58\ Situation in South Sudan; Report of the Secretary-General, 
UN Security Council, December 7, 2021, pg. 5, https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
    \59\ Situation in South Sudan, UN Security Council, September 9, 
2021, pg. 6, https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
    \60\ Id. at pg. 7.
---------------------------------------------------------------------------

Food Insecurity \61\ and Floods
---------------------------------------------------------------------------

    \61\ According to the Food and Agriculture Organization of the 
United Nations (FAO), the lack of ``regular access to enough safe 
and nutritious food for normal growth and development and an active 
and healthy life. This may be due to unavailability of food and/or 
lack of resources to obtain food. Food insecurity can be experienced 
at different levels of severity.'' Hunger and food security, Food 
and Agriculture Organization of the United Nations (FAO), https://www.fao.org/hunger/glossary (last visited January 13, 2022).
---------------------------------------------------------------------------

    South Sudan remains one of the most food-insecure countries in the 
world.\62\ The overall food security situation deteriorated towards the 
end of 2020.\63\ Between April and July 2021, an estimated 7.2 million 
people, 60 percent of the population, faced high levels of acute food 
insecurity.\64\ Malnutrition in particular remains a pressing issue in 
South Sudan, with approximately 1.9 million women and children acutely 
malnourished.\65\ Malnutrition levels among children under five years 
of age are above emergency thresholds in many parts of the country, and 
1.4 million children are estimated to be acutely malnourished.\66\ The 
main factors driving food insecurity and malnourishment are the ongoing 
conflicts, flooding, and COVID-19.\67\ Moreover, COVID-19 mitigation 
efforts also disrupted access to supply chains for commercial and 
humanitarian assistance, further contributing to food insecurity.\68\
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    \62\ South Sudan Humanitarian Fund Annual Report 2020, UNOCHA, 
July 6, 2021, pg. 7, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
    \63\ South Sudan Humanitarian Fund Annual Report 2020, UNOCHA, 
July 6, 2021, pg. 7, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
    \64\ Situation in South Sudan, UN Security Council, September 9, 
2021, pg. 6, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
    \65\ South Sudan Situation Report, World Food Programme, October 
29, 2021, pg.1, available at https://reliefweb.int/report/south-sudan/wfp-south-sudan-situation-report-296-29-october-2021.
    \66\ Situation in South Sudan, UN Security Council, September 9, 
2021, pg. 6, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
    \67\ South Sudan Humanitarian Fund Annual Report 2020, UNOCHA, 
July 6, 2021, pg. 7, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
    \68\ Id.
---------------------------------------------------------------------------

    In October 2021, the World Food Programme (WFP) reported that South 
Sudan faced a third year of unprecedented flooding.\69\ The flooding 
was exacerbated by standing water from major floods in the previous two 
years, most of which had not fully receded.\70\ The most recent 
flooding has led to ``widespread displacement, destruction of 
livelihoods and contamination of water sources, compounding existing 
insecurity issues in many regions.'' \71\ In its December 2021 report, 
UNOCHA reported that the number of people affected by floods since May 
2021 was 835,000,\72\ up from the 380,000 reported in August 2021.\73\ 
In its February 2021 report, the UN Commission on Human Rights in South 
Sudan reported that ``since the onset of the floods in July 2020, more 
than one million South Sudanese have been affected by the flooding and 
more than 856,000 people were displaced and forced to seek refuge on 
higher ground.'' \74\ The Commission further noted that:
---------------------------------------------------------------------------

    \69\ South Sudan Situation Report, World Food Programme, October 
29, 2021, pg.1, available at https://reliefweb.int/report/south-sudan/wfp-south-sudan-situation-report-296-29-october-2021.
    \70\ South Sudan Situation Report, REACH, December 2021, pg. 2, 
available at https://reliefweb.int/report/south-sudan/south-sudan-flooding-trends-counties-particular-concern-food-insecurity-december.
    \71\ Id. at pg. 1.
    \72\ South Sudan Situation Report, UNOCHA, December 2021, pg. 1, 
available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-snapshot-december-2021.
    \73\ South Sudan Humanitarian Snapshot, UNOCHA, August 2021, pg. 
1, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-snapshot-august-2021.
    \74\ Report of the Commission on Human Rights in South Sudan, 
United Nations General Assembly, February 4, 2021, pg. 10, available 
at https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.

    The floods also destroyed hectares of crops and led to the loss 
of livestock indispensable to the survival of local populations. 
Moreover, vital water sources became heavily contaminated, rendering 
vulnerable communities unable to flee at severe risk of contracting 
life-threatening waterborne diseases, including typhoid and 
cholera.\75\
---------------------------------------------------------------------------

    \75\ Report of the Commission on Human Rights in South Sudan, 
United Nations General Assembly, February 4, 2021, pg. 11, available 
at https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.1.
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Access to Humanitarian Assistance

    Insecurity continued to affect access to humanitarian assistance, 
particularly in parts of Central and Western Equatoria, Jonglei, and 
the Greater Pibor Administrative Area.\76\ In addition, in 2021 
humanitarian workers and facilities continued to be targeted and at 
risk of attack,\77\ resulting in the disruption and suspension of 
humanitarian action.\78\ In December 2021, the UN assessed that between 
September and November 2021, ``89 humanitarian access incidents were 
reported, including 13 ambushes and 5 lootings, a 47 percent increase 
compared with the previous reporting period [published in June 2021].'' 
\79\ In Western Equatoria, health facilities were looted and destroyed; 
since the beginning of 2021, more than 911 metric tons of food items 
and nutritional supplements have been looted or destroyed.\80\ 
Moreover, recurring violence in Jonglei and Greater Pibor 
Administrative Area affected the delivery of critical humanitarian 
assistance to highly food-insecure people.\81\ In addition, poor road 
conditions, compounded by heavy rain and ongoing floods, have led to 
access challenges and slowed the response in the flood-affected 
areas.\82\ The government of South Sudan also has limited access to 
humanitarian aid by establishing:
---------------------------------------------------------------------------

    \76\ Situation in South Sudan, UN Security Council, September 9, 
2021, pg. 7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
    \77\ Situation in South Sudan, UN Security Council, September 9, 
2021, pg. 7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
    \78\ Situation in South Sudan; Report of the Secretary-General, 
UN Security Council, December 7, 2021, pg. 7, available at https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
    \79\ Situation in South Sudan; Report of the Secretary-General, 
UN Security Council, December 7, 2021, pg. 5-6, available at https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
    \80\ Situation in South Sudan, UN Security Council, September 9, 
2021. pg. 7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
    \81\ Situation in South Sudan, UN Security Council, September 9, 
2021, pg. 6-7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
    \82\ Situation in South Sudan; Report of the Secretary-General 
[S/2021/1015], UN Security Council, December 7, 2021, pg. 5-6, 
available at https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.

an intentionally complex bureaucratic system for the delivery of aid 
and has failed to guarantee the safe delivery of humanitarian aid. 
In particular, multiple sources raised serious concerns about the 
Government's deliberate policy of denying or delaying the issuance 
of visas for hundreds of international humanitarian staff who had 
been evacuated from South Sudan owing to COVID-19.\83\
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    \83\ Panel of Experts on South Sudan, UN Security Council, April 
15, 2021, pg. 16-17, available at https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.


[[Page 12196]]


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Healthcare and COVID-19

    In August 2020, UNHCR reported that ``about 56 percent of South 
Sudan's population does not have access to primary healthcare 
services.'' \84\ In addition, less than 2 percent of South Sudan's 
national budget is spent on healthcare,\85\ resulting in poorly 
equipped health facilities with limited staff.\86\ In January 2021, 
UNOCHA reported that ``out of approximately 2,300 health facilities, 
more than 1,300 are non-functional. Of the functioning health 
facilities, 57 percent are supported by humanitarian and development 
partners and many remain in areas that are not easily accessible by the 
communities.'' \87\ South Sudan also continues to face ``regular 
outbreaks of infectious diseases like measles, water-borne diseases 
such as diarrhea and Hepatitis E virus, and vector-borne diseases like 
malaria and yellow fever,'' in addition to the impact of the COVID-19 
pandemic.\88\ According to the WFP, the ``COVID-19 pandemic continues 
to present serious risks to an already fragile situation, threatening 
to further exacerbate acute food insecurity.'' \89\ As of January 3, 
2022, 16,607 people had contracted COVID-19, including 136 associated 
deaths.\90\
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    \84\ Renewed violence and delayed implementation of the peace 
agreement severely threaten peace and stability in South Sudan, UN 
experts note, UNHCR, August 14, 2020, available at https://www.ecoi.net/en/document/2036539.html.
    \85\ South Sudan--Strengthening primary health care in fragile 
settings, World Health Organization, May 20, 2021, available at 
https://www.who.int/news-room/feature-stories/detail/south-sudan-2021.
    \86\ South Sudan Humanitarian Needs Overview 2021 (January 
2021), UNOCHA, January 2021, pg. 12, available at https://www.ecoi.net/en/file/local/2045425/south_sudan_2021_humanitarian_needs_overview.pdf.
    \87\ South Sudan Humanitarian Needs Overview 2021 (January 
2021), UNOCHA, January 2021, pg. 12, available at https://www.ecoi.net/en/file/local/2045425/south_sudan_2021_humanitarian_needs_overview.pdf.
    \88\ Strengthening public health surveillance and response using 
the third Edition Integrated Disease Surveillance and Response 
guidelines in South Sudan, World Health Organization, November 27, 
2021, available at https://reliefweb.int/report/south-sudan/strengthening-public-health-surveillance-and-response-using-third-edition.
    \89\ South Sudan Country Brief, World Food Programme, November 
2021, pg. 1, available at https://reliefweb.int/report/south-sudan/wfp-south-sudan-country-brief-november-2021.
    \90\ South Sudan COVID-19 Dashboard, World Health Organization, 
https://covid19.who.int/region/emro/country/sd (last visited on 
January 19, 2022).
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Economic Situation

    According to the World Bank, South Sudan is facing ``concurrent 
setbacks in the economy'' due to rising poverty, food insecurity and a 
resurgence of conflict.\91\ Moreover, falling global oil prices have 
also affected South Sudan's oil revenues.\92\ South Sudan's economy is 
heavily oil-dependent, with oil accounting for 90 percent of government 
revenue and nearly all exports.\93\ This situation has caused a ``great 
percentage of South Sudanese people to lose their sources of livelihood 
and has left some communities facing catastrophic needs.'' \94\ 
Moreover, urgent and essentials measures to manage the COVID-19 
pandemic, ``worsened economic conditions, disrupting livelihoods and 
affecting vulnerable households' access to markets, food and adequate 
income.'' \95\
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    \91\ South Sudan Economic Update, June 2021: Pathways to 
Sustainable Food Security, The World Bank, July 2, 2021, available 
at https://reliefweb.int/report/south-sudan/south-sudan-economic-update-june-2021-pathways-sustainable-food-security.
    \92\ South Sudan Economic Update, June 2021: Pathways to 
Sustainable Food Security, The World Bank, July 2, 2021, available 
at https://reliefweb.int/report/south-sudan/south-sudan-economic-update-june-2021-pathways-sustainable-food-security.
    \93\ South Sudan Humanitarian Needs Overview 2021 (January 
2021), UNOCHA, January 2021, pg. 12, available at https://www.ecoi.net/en/file/local/2045425/south_sudan_2021_humanitarian_needs_overview.pdf.
    \94\ South Sudan Economic Update, June 2021: Pathways to 
Sustainable Food Security, The World Bank, July 2, 2021, available 
at https://reliefweb.int/report/south-sudan/south-sudan-economic-update-june-2021-pathways-sustainable-food-security.
    \95\ South Sudan Humanitarian Response Plan, FAO, May 2021, pg. 
2, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-response-plan-2021.
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    Based upon this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
    <bullet> The conditions supporting South Sudan's designation for 
TPS continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C. 
1254a(b)(3)(A) and (C).
    <bullet> There continues to be an ongoing armed conflict in South 
Sudan and, due to such conflict, requiring the return to South Sudan of 
South Sudanese nationals (or individuals having no nationality who last 
habitually resided in South Sudan) would pose a serious threat to their 
personal safety. See INA section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
    <bullet> There continue to be extraordinary and temporary 
conditions in South Sudan that prevent South Sudanese nationals (or 
individuals having no nationality who last habitually resided in South 
Sudan) from returning to South Sudan in safety, and it is not contrary 
to the national interest of the United States to permit South Sudanese 
TPS beneficiaries to remain in the United States temporarily. See INA 
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
    <bullet> The designation of South Sudan for TPS should be extended 
for an 18-month period, from May 3, 2022, through November 3, 2023. See 
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
    <bullet> Due to the conditions described above, South Sudan should 
be simultaneously extended and redesignated for TPS effective May 3, 
2022, through November 3, 2023. See section 244(b)(1)(A) and (C) and 
(b)(2) of the Act, 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
    <bullet> For the redesignation, the Secretary has determined that 
TPS applicants must demonstrate that they have continuously resided in 
the United States since March 1, 2022.
    <bullet> Initial TPS applicants under the redesignation must 
demonstrate that they have been continuously physically present in the 
United States since March 3, 2022, the effective date of the 
redesignation of South Sudan for TPS.
    <bullet> There are approximately 97 current South Sudanese TPS 
beneficiaries who are expected to be eligible to re-register for TPS 
under the extension.
    <bullet> It is estimated that approximately 235 additional 
individuals may be eligible for TPS under the redesignation of South 
Sudan. This population includes South Sudanese nationals in the United 
States in nonimmigrant status or without immigration status.

Notice of Extension of the TPS Designation and Redesignation of South 
Sudan for TPS

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate Government agencies, the conditions supporting South 
Sudan's designation for TPS continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this 
determination, I am simultaneously extending the existing designation 
of TPS for South Sudan for 18 months, from May 3, 2022, through 
November 3, 2023, and redesignating South Sudan for TPS for the same 
18-month period. See INA section 244(b)(1)(A), (b)(1)(C) and (b)(2); 8 
U.S.C. 1254a(b)(1)(A), (b)(1)(C), and (b)(2).

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.

Required Application Forms and Application Fees To Register or Re-
Register for TPS

    To register or re-register for TPS based on the designation of 
South Sudan, you must submit an Application for

[[Page 12197]]

Temporary Protected Status (Form I-821). If you are filing an initial 
application, you must pay the fee for the Form I-821 or request a fee 
waiver. If you are filing an application for re-registration, you do 
not need to pay the fee for the Form I-821. There is no Form I-821 fee 
for re-registration. See 8 CFR 244.17. You may be required to pay the 
biometric services fee. If you can demonstrate an inability to pay the 
biometric services fee, you may request to have the fee waived. Please 
see additional information under the ``Biometric Services Fee'' section 
of this notice.
    Through this Federal Register notice, your existing EAD issued 
under the TPS designation of South Sudan with the expiration date of 
May 2, 2022, is automatically extended for 180 days, through November 
1, 2022. If you want to obtain a new EAD valid through November 3, 
2023, you must file an Application for Employment Authorization (Form 
I-765) and pay the Form I-765 fee (or request a fee waiver). If you do 
not want a new EAD, you do not have to file Form I-765 and pay the Form 
I-765 fee. If you do not want to request a new EAD now, you may also 
file Form I-765 at a later date and pay the fee (or request a fee 
waiver), provided that you still have TPS or a pending TPS application. 
However, you are strongly encouraged to file your application for a new 
EAD as early as possible to avoid gaps in the validity of your 
employment authorization documentation and to ensure that you receive 
your new EAD by November 1, 2022.
    If you are applying for initial registration and want an EAD, you 
must file and pay the fee for the Form I-765 (or request a fee waiver). 
If you do not want to request an EAD now, you may also file Form I-765 
at a later date and pay the fee (or request a fee waiver), provided 
that you still have TPS or a pending TPS application. You may file the 
application for a new EAD either prior to or after your current EAD has 
expired.
    Everyone must provide their employer with documentation showing 
that they have the legal right to work in the United States. In 
general, TPS beneficiaries, including those who are not employed, are 
not required to have an EAD. But they can obtain one and if they work, 
the EAD is an acceptable document that proves their legal right to 
work.
    If you have a Form I-821 or Form I-765 that was still pending as of 
March 3, 2022, then you do not need to file either application again. 
If USCIS approves your pending TPS application, USCIS will grant you 
TPS through November 3, 2023. Similarly, if USCIS approves your pending 
TPS-related Form I-765, it will be valid through the same date.
    For more information on the application forms and fees for TPS, 
please visit the USCIS TPS web page at https://www.uscis.gov/tps. Fees 
for the Form I-821, the Form I-765, and biometric services are also 
described in 8 CFR 103.7(b)(1)(i).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age and older. Those applicants must generally submit a 
biometric services fee. As previously stated, if you can demonstrate an 
inability to pay the biometric services fee, you may be able to have 
the fee waived. You may request a fee waiver by submitting a Request 
for Fee Waiver (Form I-912). For more information on the application 
forms and fees for TPS, please visit the USCIS TPS web page at 
www.uscis.gov/tps. USCIS may require you to visit an Application 
Support Center so we can capture your biometrics. For additional 
information on the USCIS biometrics screening process, please see the 
USCIS Customer Profile Management Service Privacy Impact Assessment, 
available at www.dhs.gov/privacy.

Refiling a TPS Initial Registration Application After Receiving Notice 
That USCIS Did Not Grant the Fee Waiver Request

    You should file as soon as possible so USCIS can process your 
application and issue any EAD promptly, if you requested one. If USCIS 
denies your fee waiver request related to your initial TPS application, 
you must refile your Form I-821 for TPS along with the required fees no 
later than November 3, 2023, to continue seeking initial TPS. If USCIS 
does not grant your fee waiver request, you may also refile your Form 
I-765, with fee, either with your Form I-821 or at a later time as long 
as it is within the period that South Sudan is designated for TPS, if 
you choose.

    Note:  Unless USCIS grants a fee waiver, an initial applicant 
for TPS must pay the Form I-821 filing fee and applicants age 14 or 
older must also pay the biometric services fee. However, if you 
decide to wait to request an EAD, you do not have to file the Form 
I-765 or pay the associated Form I-765 fee (or request a fee waiver) 
at the time of registration. You may wait to seek an EAD until after 
USCIS has approved your TPS registration application or at any later 
date you decide you want to request an EAD as long as TPS for South 
Sudan continues. To register for TPS, you only need to file the Form 
I-821 with the $50 filing fee and the biometric services fee, if 
applicable (or request a fee waiver).

Refiling a TPS Re-Registration Application After Receiving Notice That 
the Fee Waiver Request Was Not Granted

    You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any 
EAD promptly, if you requested one. Properly filing early will also 
give you time to refile your application before the deadline, if USCIS 
does not grant your fee waiver request. If you receive a notice that 
USCIS did not grant your fee waiver request, and you are unable to 
refile by the re-registration deadline, you may still refile your Form 
I-821 with the biometrics fee. USCIS will review this situation to 
determine whether you established good cause for late TPS re-
registration. However, if possible, we urge you to refile within 45 
days of the date on any USCIS notice that we did not grant you a fee 
waiver. See INA section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 
244.17(b). For more information on good cause for late re-registration, 
visit the USCIS TPS web page at https://www.uscis.gov/tps. If USCIS 
does not grant your fee waiver request, you may also refile your Form 
I-765 with the fee either with your Form I-821 or at a later time, if 
you choose.

    Note:  A re-registering TPS beneficiary age 14 and older must 
pay the biometric services fee (but not the Form I-821 filing fee), 
or request a fee waiver, when filing a TPS re-registration 
application. However, if you decide to wait to request an EAD, you 
do not have to file the Form I-765 or pay the associated Form I-765 
fee (or request a fee waiver) at the time of re-registration. You 
may wait to seek an EAD until after USCIS has approved your TPS re-
registration application or at any later date you decide you want to 
request an EAD. To re-register for TPS, you only need to file the 
Form I-821 with the biometric services fee, if applicable (or 
request a fee waiver).

Filing Information

    USCIS offers the option to applicants for TPS under South Sudan's 
designation to file Form I-821 and related requests for EADs online or 
by mail. When filing a TPS application, applicants can also request an 
EAD by submitting a completed Form I-765, Application for Employment 
Authorization, with their Form I-821.
    Online filing: Form I-821 and I-765 are available for concurrent 
filing

[[Page 12198]]

online.\96\ To file these forms online, you must first create a USCIS 
online account.\97\ Online filing is not available for applicants 
requesting a fee waiver. Such applications should be completed by mail.
---------------------------------------------------------------------------

    \96\ Find information about online filing at Forms Available to 
File Online, https://www.uscis.gov/file-online/forms-available-to-file-online.
    \97\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

    Mail filing: Mail your application for TPS to the proper address in 
Table 1.

Table 1--Mailing Addresses

    Mail your completed Application for Temporary Protected Status 
(Form I-821) and Application for Employment Authorization (Form I-765), 
Request for Fee Waiver (Form I-912) (if applicable) and supporting 
documentation to the proper address in Table 1.

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
    If you would like to send your
           application by:              Then, mail your application to:
------------------------------------------------------------------------
U.S. Postal Service..................  USCIS, Attn: TPS South Sudan,
                                        P.O. Box 6943, Chicago, IL 60680-
                                        6943.
FedEx, UPS, or DHL...................  USCIS, Attn: TPS South Sudan (Box
                                        6943), 131 S Dearborn St. 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 re-
registering for the first time following a grant of TPS by an IJ or the 
BIA, please mail your application to the appropriate mailing address in 
Table 1. When you are re-registering and requesting an EAD based on an 
IJ/BIA grant of TPS, please include a copy of the IJ or BIA order 
granting you TPS with your application. This will help us to verify 
your grant of TPS and process your application.

Supporting Documents

    The filing instructions on the Form I-821 list all the documents 
needed to establish eligibility for TPS. You may also find information 
on the acceptable documentation and other requirements for applying or 
registering for TPS on the USCIS website at www.uscis.gov/tps under 
``South Sudan.''

Travel

    TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion. You must file an application 
for advance parole if you wish to travel outside the United States. 
Advance parole gives you permission to leave the United States and 
return during a specific period. TPS beneficiaries retain the same 
immigration status they had prior to the travel. To request advance 
parole, you must file Form I-131, Application for Travel Document, 
available at www.uscis.gov/i-131. You may file Form I-131 together with 
your Form I-821 or separately. When filing the Form I-131, you must:

<bullet> Select Item Number 1.d. in Part 2 on the Form I-131; and
<bullet> Submit the fee for the Form I-131, or request a fee waiver, 
which may be submitted on Request for Fee Waiver (Form I-912)

    If you are filing Form I-131 together with Form I-821, send your 
forms to the address listed in Table 1 above. If you are filing Form I-
131 separately based on a pending or approved Form I-821, send your 
form to the address listed in Table 2 below and include a copy of Form 
I-797 for the approved or pending Form I-821.

                       Table 2--Mailing Addresses
------------------------------------------------------------------------
              If you . . .                        Mail to . . .
------------------------------------------------------------------------
Are filing Form I-131 together with a    U.S. Postal Service (USPS):
 Form I-821, Application for Temporary    USCIS, Attn: TPS South Sudan,
 Protected Status.                        P.O. Box 6943, Chicago, IL
                                          60680-6943.
                                         FedEx, UPS, or DHL: USCIS,
                                          Attn: TPS South Sudan (Box
                                          6943), 131 S Dearborn St. 3rd
                                          Floor, Chicago, IL 60603-5517.
Are filing Form I-131 based on a         U.S. Postal Service (USPS):
 pending or approved Form I-821.          USCIS, Attn: I-131 TPS, P.O.
You must include a copy of the receipt    Box 660167, Dallas, TX 75266-
 notice (Form I-797C) showing we          0867.
 accepted or approved your Form I-821.   FedEx, UPS, or DHL: USCIS,
                                          Attn: I-131 TPS, 2501 S State
                                          Hwy. 121 Business, Ste. 400,
                                          Lewisville, TX 75067.
------------------------------------------------------------------------

General Employment-Related Information for TPS Applicants and Their 
Employers

How can I obtain information on the status of my TPS application and 
EAD request?
    To get case status information about your TPS application, 
including the status of an EAD request, you can check Case Status 
Online at https://www.uscis.gov, or visit the USCIS Contact Center at 
uscis.gov/contactcenter. If your Form I-765 has been pending for more 
than 90 days, and you still need assistance, you may ask a question 
about your case online at egov.uscis.gov/e-request/Intro.do or call the 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Am I eligible to receive an automatic 180-day extension of my current 
EAD through November 1, 2022, using this Federal Register notice?
    Yes. Regardless of your country of birth, provided that you 
currently have a South Sudan TPS-based EAD with an expiration date of 
September 17, 2021, on the face of the card, bearing the notation A-12 
or C-19 under Category, this notice automatically extends your EAD 
through November 1, 2022. Although this Federal Register notice 
automatically extends your EAD through November 1, 2022, you must re-
register timely for TPS in accordance with the procedures described in 
this Federal Register notice to maintain your TPS and employment 
authorization.

[[Page 12199]]

When hired, what documentation may I show to my employer as evidence of 
employment authorization and identity when completing Form I-9?
    You can find the Lists of Acceptable Documents on the third page of 
Form I-9 as well as the Acceptable Documents web page at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete 
Form I-9 to verify the identity and employment authorization of all new 
employees. Within three days of hire, employees must present acceptable 
documents to their employers as evidence of identity and employment 
authorization to satisfy Form I-9 requirements.
    You may present any document from List A (which provides evidence 
of both identity and employment authorization), or one document from 
List B (which provides evidence of your identity) together with one 
document from List C (which provides evidence of employment 
authorization), or you may present an acceptable receipt for List A, 
List B, or List C documents as described in the Form I-9 instructions. 
Employers may not reject a document based on a future expiration date. 
You can find additional information about Form I-9 on the I-9 Central 
web page at https://www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. See the section 
``How do my employer and I complete Form I-9 using my automatically 
extended EAD for a new job?'' of this Federal Register notice for 
further information. If your EAD has an expiration date of May 2, 2022, 
and states A-12 or C-19 under Category, it has been extended 
automatically by virtue of this Federal Register notice and you may 
choose to present your EAD to your employer as proof of identity and 
employment eligibility for Form I-9 through November 1, 2022, unless 
your TPS has been withdrawn or your request for TPS has been denied.
What documentation may I present to my employer for Form I-9 if I am 
already employed but my current TPS-related EAD is set to expire?
    Even though we have automatically extended your EAD, your employer 
is required by law to ask you about your continued employment 
authorization. Your employer may need to re-inspect your automatically 
extended EAD to check the Card Expires date and Category code if your 
employer did not keep a copy of your EAD when you initially presented 
it. Once your employer has reviewed the Card Expiration date and 
Category code, your employer should update the EAD expiration date in 
Section 2 of Form I-9. See the section ``What updates should my current 
employer make to Form I-9 if my EAD has been automatically extended?'' 
of this Federal Register notice for further information. You may show 
this Federal Register notice to your employer to explain what to do for 
Form I-9 and to show that USCIS has automatically extended your EAD 
through November 1, 2022, but you are not required to do so. The last 
day of the automatic EAD extension is November 1, 2022. Before you 
start work on November 2, 2022, your employer is required by law to 
reverify your employment authorization on Form I-9. By that time, you 
must present any document from List A or any document from List C on 
Form I-9 Lists of Acceptable Documents, or an acceptable List A or List 
C receipt described in the Form I-9 instructions to reverify employment 
authorization.
    Your employer may not specify which List A or List C document you 
must present and cannot reject an acceptable receipt.
Can my employer require that I provide any other documentation to prove 
my status, such as proof of my South Sudanese citizenship or a Form I-
797C showing I re-registered for TPS?
    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the Form I-9 Lists of Acceptable Documents that reasonably appears to 
be genuine and that relates to you, or an acceptable List A, List B, or 
List C receipt. Employers do not need to reverify List B identity 
documents. Therefore, employers may not request proof of South Sudanese 
citizenship or proof of re-registration for TPS when completing Form I-
9 for new hires or reverifying the employment authorization of current 
employees. If you present an EAD that USCIS has automatically extended, 
employers should accept it as a valid List A document so long as the 
EAD reasonably appears to be genuine and relates to you. Refer to the 
Note to Employees section of this Federal Register notice for important 
information about your rights if your employer rejects lawful 
documentation, requires additional documentation, or otherwise 
discriminates against you based on your citizenship or immigration 
status, or your national origin.
How do my employer and I complete Form I-9 using my automatically 
extended EAD for a new job?
    1. When using an automatically extended EAD to complete Form I-9 
for a new job before November 2, 2022, for Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter November 
1, 2022, as the ``expiration date''; and
    b. Enter your Alien Number/USCIS number or A-Number where 
indicated. (Your EAD or other document from DHS will have your USCIS 
number or A-Number printed on it; the USCIS number is the same as your 
A-Number without the A prefix.)
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended by ensuring it is in 
category A-12 or C-19 and has a Card Expires date of May 2, 2022;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write November 1, 2022, as the expiration date.
    Before the start of work on November 2, 2022, employers must 
reverify the employee's employment authorization on Form I-9.
What updates should my current employer make to Form I-9 if my EAD has 
been automatically extended?
    If you presented a TPS-related EAD that was valid when you first 
started your job and USCIS has now automatically extended your EAD, 
your employer may need to re-inspect your current EAD if they do not 
have a copy of the EAD on file. Your employer should determine if your 
EAD is automatically extended by ensuring that it contains Category A-
12 or C-19 and has a Card Expires date of May 2, 2022, on the front of 
the card.
    If your employer determines that USCIS has automatically extended 
your EAD, your employer should update Section 2 of your previously 
completed Form I-9 as follows:
    1. Write EAD EXT and November 1, 2022, as the last day of the 
automatic extension in the Additional Information field; and
    2. Initial and date the correction.

    Note:  This is not considered a reverification. Employers do not 
reverify the employee until either the 180-day automatic extension 
has ended, or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By November 2, 2022, 
when the employee's automatically extended EAD has expired, 
employers are required by law to reverify the employee's employment 
authorization on Form I-9.


[[Page 12200]]


If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?
    Employers may create a case in E-Verify for a new employee by 
entering the number from the Document Number field on Form I-9 into the 
document number field in E-Verify. Employers should enter November 1, 
2022, as the expiration date for an EAD that has been extended under 
this Federal Register notice.
If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiring'' alert for an automatically 
extended EAD?
    E-Verify automated the verification process for TPS-related EADs 
that are automatically extended. If you have employees who provided a 
TPS-related EAD when they first started working for you, you will 
receive a ``Work Authorization Documents Expiring'' case alert when the 
auto-extension period for this EAD is about to expire. Before this 
employee starts work on November 2, 2022, you must reverify their 
employment authorization on Form I-9. Employers may not use E-Verify 
for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Federal Register notice 
does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#aae38793e9cfc4ded8cbc6eadfd9c9c3d984cec2d984cdc5dc"><span class="__cf_email__" data-cfemail="0e4723374d6b607a7c6f624e7b7d6d677d206a667d20696178">[email protected]</span></a>. USCIS accepts calls and emails in English and 
many other languages. For questions about avoiding discrimination 
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil 
Rights Division, Immigrant and Employee Rights Section (IER) Employer 
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language 
interpretation in numerous languages. Employers may also email IER at 
<a href="/cdn-cgi/l/email-protection#61282433211412050e0b4f060e17"><span class="__cf_email__" data-cfemail="82cbc7d0c2f7f1e6ede8ace5edf4">[email protected]</span></a>.

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at <a href="/cdn-cgi/l/email-protection#470e6a7e0422293335262b073234242e3469232f3469202831"><span class="__cf_email__" data-cfemail="652c485c26000b11170409251016060c164b010d164b020a13">[email protected]</span></a>. Calls are accepted in English, 
Spanish, and many other languages. Employees or applicants may also 
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, including discrimination 
related to Form I-9 and E-Verify. The IER Worker Hotline provides 
language interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Form I-9 Instructions. Employers may not require extra 
or additional documentation beyond what is required for Form I-9 
completion. Further, employers participating in E-Verify who receive an 
E-Verify case result of Tentative Nonconfirmation (TNC) must promptly 
inform employees of the TNC and give such employees an opportunity to 
contest the TNC. A TNC case result means that the information entered 
into E-Verify from an employee's Form I-9 differs from Federal or state 
government records.
    Employers may not terminate, suspend, delay training, withhold or 
lower pay, or take any adverse action against an employee because of 
the TNC while the case is still pending with E-Verify. A Final 
Nonconfirmation (FNC) case result is received when E-Verify cannot 
verify an employee's employment eligibility. An employer may terminate 
employment based on a case result of FNC. Work-authorized employees who 
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination 
or to report an employer for discrimination in the E-Verify process 
based on citizenship, immigration status, or national origin, contact 
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Form I-9 and E-Verify 
procedures is available on the IER website at https://www.justice.gov/ier and on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    For Federal purposes, TPS beneficiaries presenting an automatically 
extended EAD referenced in this Federal Register notice do not need to 
show any other document, such as an I-797C Notice of Action or this 
Federal Register notice, to prove that they qualify for this extension. 
However, while Federal Government agencies must follow the guidelines 
laid out by the Federal Government, state and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each state may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, state, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary, show you are authorized to work based on TPS or other 
status, or that may be used by DHS to determine whether you have TPS or 
other immigration status. Examples of such documents are:
    <bullet> Your current EAD with a TPS category code of A-12 or C-19;
    <bullet> Your Form I-94, Arrival/Departure Record;
    <bullet> Your Form I-797, Notice of Action, reflecting approval of 
your Form I-765; or
    <bullet> Your Form I-797, the notice of approval, for a past or 
current Form I-821, if you received one from USCIS.
    Check with the government agency regarding which document(s) the 
agency will accept. Some benefit-granting agencies use USCIS' 
Systematic Alien Verification for Entitlements (SAVE) program to 
confirm the current immigration status of applicants for public 
benefits. While SAVE can verify when an individual has TPS, each 
agency's procedures govern whether they will accept an unexpired EAD, 
Form I-797, or Form I-94, Arrival/Departure Record. If an agency 
accepts the type of TPS-related document you are presenting, such as an 
EAD, the agency should accept your automatically extended EAD, 
regardless of the country of birth listed on the EAD. It may assist the 
agency if you:
    a. Present the agency with a copy of the relevant Federal Register 
notice showing the extension of TPS-related documentation in addition 
to your recent TPS-related document with your A-number, USCIS number or 
Form I-94 number;
    b. Explain that SAVE will be able to verify the continuation of 
your TPS using this information; and
    c. Ask the agency to initiate a SAVE query with your information 
and follow through with additional verification steps, if necessary, to 
get a final SAVE response verifying your TPS.

[[Page 12201]]

    You can also ask the agency to look for SAVE notices or contact 
SAVE if they have any questions about your immigration status or 
automatic extension of TPS-related documentation. In most cases, SAVE 
provides an automated electronic response to benefit-granting agencies 
within seconds, but, occasionally, verification can be delayed. You can 
check the status of your SAVE verification by using CaseCheck at 
save.uscis.gov/casecheck/. CaseCheck is a free service that lets you 
follow the progress of your SAVE verification case using your date of 
birth and one immigration identifier number (A-number, USCIS number or 
Form I-94 number) or Verification Case Number. If an agency has denied 
your application based solely or in part on a SAVE response, the agency 
must offer you the opportunity to appeal the decision in accordance 
with the agency's procedures. If the agency has received and acted upon 
or will act upon a SAVE verification and you do not believe the SAVE 
response is correct, the SAVE website, www.uscis.gov/save, has detailed 
information on how to make corrections or update your immigration 
record, make an appointment, or submit a written request to correct 
records.

[FR Doc. 2022-04573 Filed 3-2-22; 8:45 am]
BILLING CODE 9111-97-P


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