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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 5944-5953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00770]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2794-25; DHS Docket No. USCIS-2014-0003]
RIN 1615-ZB92

Extension of the Designation of Sudan for Temporary Protected 
Status

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

ACTION: Notice of Temporary Protected Status (TPS) extension.

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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 Sudan for Temporary Protected Status (TPS) 
for 18 months, beginning on April 20, 2025, and ending on October 19, 
2026. Existing TPS beneficiaries who wish to extend their status 
through October 19,

[[Page 5945]]

2026, must re-register during the 60-day re-registration period 
described in this notice.

DATES: Extension of Designation of Sudan for TPS begins on April 20, 
2025, and will remain in effect for 18 months. For registration 
instructions, see the Registration Information section below.

FOR FURTHER INFORMATION CONTACT: 
     You may contact Ren[aacute] Cutlip-Mason, Chief, 
Humanitarian Affairs Division, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by 
phone at 240-721-3000.
     For more information on TPS, including guidance on the 
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 Sudan's TPS designation by selecting 
``Sudan'' from the menu on the left side of the TPS web page.
     If you have additional questions about TPS, please visit 
https://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 cannot find your answers there, you may also call our 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
     Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at uscis.gov, or visit the USCIS Contact Center at https://www.uscis.gov/contactcenter.
     You can also find more information at local USCIS offices 
after this notice is published.

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-131--Application for Travel Documents, Parole Documents, and 
Arrival/Departure Records
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action (Approval Notice)
Form I-797C--Notice of Action (Receipt Notice)
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
PDF--Portable Document Format
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

Registration Information

    Extension of Designation of Sudan for TPS: The 18-month extension 
of the designation of Sudan for TPS begins on April 20, 2025, and will 
remain in effect for 18 months, ending on October 19, 2026. The 
extension allows existing TPS beneficiaries to retain TPS through 
October 19, 2026, if they otherwise continue to meet the eligibility 
requirements for TPS. Existing TPS beneficiaries who wish to extend 
their status through October 19, 2026, must re-register during the 60-
day re-registration period described in this notice.
    Re-registration: The 60-day re-registration period for existing 
beneficiaries runs from January 17, 2025, through March 18, 2025. 
(Note: It is important for re-registrants to timely re-register during 
the re-registration period and not to wait until their Employment 
Authorization Documents (EADs) expire, as delaying re-registration 
could result in gaps in their employment authorization documentation.)

Purpose of this Action (TPS)

    Through this notice, DHS sets forth procedures necessary for 
nationals of Sudan (or individuals having no nationality who last 
habitually resided in Sudan) to re-register for TPS and apply to renew 
their EAD with USCIS.
    Re-registration is limited to individuals who have previously 
registered for TPS under the prior designation of Sudan and whose 
applications have been granted. If you do not re-register properly 
within the 60-day re-registration period, USCIS may withdraw your TPS 
following appropriate procedures. See 8 CFR 244.14.
    For individuals who have already been granted TPS under Sudan's 
designation, the 60-day re-registration period runs from January 17, 
2025, through March 18, 2025. USCIS will issue new EADs with an October 
19, 2026, expiration date to eligible beneficiaries granted TPS under 
Sudan's designation 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 a 
new EAD before their current EAD expires. Accordingly, through this 
Federal Register notice, DHS automatically extends through April 19, 
2026, the validity of certain EADs previously issued under the TPS 
designation of Sudan. As proof of continued employment authorization 
through April 19, 2026, TPS beneficiaries can show their EAD with the 
notation A-12 or C-19 under Category and a ``Card Expires'' date of 
April 19, 2025, June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 
2021, Jan. 2, 2020, April 2, 2019, Nov. 2, 2018, or Nov. 2, 2017. This 
notice explains how TPS beneficiaries and their employers may determine 
if an EAD is 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 an Application for Temporary Protected Status 
(Form I-821) for Sudan or Application for Employment Authorization 
(Form I-765) that was still pending as of January 17, 2025, do not need 
to file either application again. If USCIS approves an individual's 
pending Form I-821, USCIS will grant the individual TPS through October 
19, 2026. 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.

What Is Temporary Protected Status (TPS)?

     TPS is a temporary immigration status granted to eligible 
nationals of a foreign state designated for TPS under the INA, or to 
eligible individuals without nationality who last habitually resided in 
the designated foreign state, regardless of their country of birth.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, are 
authorized to work, and may obtain EADs if they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of DHS discretion.
     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).
     When the Secretary terminates a foreign state's TPS 
designation, beneficiaries return to one of the following:

[[Page 5946]]

    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, if it is still valid beyond the 
date TPS terminates.

When was Sudan designated for TPS?

    Sudan was initially designated for TPS on November 4, 1997, on the 
dual bases of ongoing armed conflict and extraordinary and temporary 
conditions in Sudan that prevented nationals of Sudan from safely 
returning. See Designation of Sudan Under Temporary Protected Status, 
62 FR 59737 (Nov. 4, 1997). Sudan's designation was extended and/or it 
was redesignated numerous times from its initial designation in 1997 
until former Acting Secretary of Homeland Security Elaine Duke provided 
notice in the Federal Register on October 11, 2017, that she was 
terminating Sudan's TPS designation, effective November 2, 2018.\1\ 
This termination decision was the subject of litigation and a court 
order.\2\ As a result, the termination did not take effect.\3\ In April 
2022, Secretary Mayorkas newly designated Sudan on the basis of 
extraordinary and temporary conditions effective April 19, 2022, 
through October 19, 2023.\4\ In August 2023, the Secretary extended 
this designation and also redesignated Sudan for TPS on the basis of 
ongoing armed conflict and extraordinary and temporary conditions.\5\
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    \1\ Termination of the Designation of Sudan for Temporary 
Protected Status, 82 FR 47228 (Oct. 11, 2017).
    \2\ Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. October 3, 
2018).
    \3\ Continuation of Documentation for Beneficiaries of Temporary 
Protected Status Designations for El Salvador, Haiti, Nicaragua, 
Sudan, Honduras, and Nepal, 87 FR 68717 (Nov. 16, 2022).
    \4\ Designation of Sudan for Temporary Protected Status, 87 FR 
23202 (Apr. 19, 2022).
    \5\ Extension and Redesignation of Sudan for Temporary Protected 
Status, 88 FR 56864 (Aug. 21, 2023).
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What authority does the Secretary have to extend the designation of 
Sudan for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government, to designate a foreign state (or part thereof) for TPS if 
the Secretary determines that certain country conditions exist.\6\ The 
decision to designate any foreign state (or part thereof) is a 
discretionary decision, and there is no judicial review of any 
determination with respect to the designation, termination, or 
extension of a designation. See INA sec. 244(b)(5)(A), 8 U.S.C. 
1254a(b)(5)(A). 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 foreign 
state). See INA sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \6\ INA section 244(b)(1) ascribes this power to the Attorney 
General. Congress transferred this authority from the Attorney 
General to the Secretary of Homeland Security. See Homeland Security 
Act of 2002, Pub. L. 107-296, 116 Stat. 2135 (2002). The Secretary 
may designate a country (or part of a country) for TPS on the basis 
of ongoing armed conflict such that returning would pose a serious 
threat to the personal safety of the country's nationals and 
habitual residents, environmental disaster (including an epidemic), 
or extraordinary and temporary conditions in the country that 
prevent the safe return of the country's nationals. For 
environmental disaster-based designations, certain other statutory 
requirements must be met, including that the foreign government must 
request TPS. A designation based on extraordinary and temporary 
conditions cannot be made if the Secretary finds that allowing the 
country's nationals to remain temporarily in the United States is 
contrary to the U.S. national interest. INA sec. 244(b)(1); 8 U.S.C. 
1254a(b)(1).
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    At least 60 days before the expiration of a foreign state's TPS 
designation or extension, the Secretary, after consultation with 
appropriate U.S. Government agencies, must review the conditions in the 
foreign state designated for TPS to determine whether they continue to 
meet the conditions for the TPS designation. See INA sec. 244(b)(3)(A), 
8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that the 
conditions in the foreign state continue to meet 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 
sec. 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. e INA 
sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Sudan through 
October 19, 2026?

    DHS has reviewed country conditions in Sudan. Based on the review, 
including input received from Department of State (DoS) and other U.S. 
Government agencies, the Secretary has determined that an 18-month TPS 
extension is warranted because the ongoing armed conflict and 
extraordinary and temporary conditions supporting Sudan's TPS 
designation remain.

Overview

    Sudan continues to endure an armed conflict and a humanitarian 
crisis in which millions of individuals are exposed to violence, 
illness, and forced displacement. The conflict between the Sudanese 
Armed Forces (SAF) and Rapid Support Forces (RSF) that began in April 
2023 has spread to most Sudanese states, devastating the civilian 
population across the country. 11.4 million Sudanese--over 20 percent 
of the population--have been forcibly displaced, with 2.3 million 
having fled the country, resulting in the worst displacement crisis in 
the world.\7\ High levels of food insecurity, including famine, as well 
as the decimation of health care facilities, accompanied by multiple 
disease outbreaks, have contributed to a humanitarian emergency in 
Sudan. Further, Sudanese women and girls face widespread sexual and 
gender-based violence.
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    \7\ Sudan Situation, UNHCR, https://data.unhcr.org/en/situations/sudansituation (last visited on Oct. 31, 2024).
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Armed Conflict

    Political instability and power struggles following the October 
2021 dissolution of the transitional government established after the 
removal of former president Omar al-Bashir from office resulted in an 
outbreak of fighting between the SAF, led by General Abdel Fatah al-
Burhan, and the RSF, led by General Mohamed Hamden Daglo, in April 
2023.\8\ Since then, almost 15,000 people have been killed in the 
conflict.\9\
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    \8\ Dozens of civilians are dead as rival military factions 
battle for control of Sudan, National Public Radio, April 17, 2023, 
https://www.npr.org/2023/04/16/1170289462/sudans-army-and-rsf-are-doing-battle-leaving-56-civilians-dead.
    \9\ Civil War in Sudan, Council on Foreign Relations, https://www.cfr.org/global-conflict-tracker/conflict/power-struggle-sudan, 
(last visited on Oct. 31, 2024).
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    While Khartoum has continued to be the epicenter of the fighting, 
the warring factions, along with various allied militia, have engaged 
in violent attacks throughout the country, with Darfur being the locus 
of particularly deadly violence.\10\ According to the U.S. Department 
of State, RSF-affiliated militias have reportedly committed killings, 
abductions, rape, sexual slavery, and other physical abuses and

[[Page 5947]]

mistreatment of civilians across Sudan.\11\ The Secretary of State has 
determined that members of the SAF and RSF committed war crimes in 
Sudan and that members of the RSF and allied militias committed crimes 
against humanity and ethnic cleansing.\12\ On January 7, 2025, 
Secretary Blinken concluded that members of the RSF and allied militias 
have committed genocide in Sudan.\13\ According to the U.N. Secretary 
General, the conflict in Sudan has been marked by human rights 
violations and breaches of international humanitarian law, with 
civilians targeted by air strikes, aerial bombardments, heavy artillery 
and indiscriminate shelling.\14\ The conflict has also featured 
looting, arbitrary arrests, torture, and the recruitment of child 
soldiers.\15\
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    \10\ Sudan: Conflict Intensifies Following the Breakdown of 
Jeddah Talks, Armed Conflict Location & Event Data (ACLED), June 23, 
2023, https://acleddata.com/2023/06/23/sudan-situation-update-june-2023-conflict-intensifies-following-the-breakdown-of-jeddah-talks/; 
2023 Country Reports on Human Rights Practices: Sudan, U.S. Dep't of 
State, Mar. 30, 2024, https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan.
    \11\ 2023 Country Reports on Human Rights Practices: Sudan, U.S. 
Dep't of State, Mar. 30, 2024, https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan.
    \12\ 2023 Country Reports on Human Rights Practices: Sudan, U.S. 
Dep't of State, Mar. 30, 2024, https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan.
    \13\ Genocide Determination in Sudan and Imposing Accountability 
Measures, January 7, 2025 https://www.state.gov/genocide-determination-in-sudan-and-imposing-accountability-measures/ (last 
visited on Jan. 9, 2025).
    \14\ Situation in the Sudan, U.N. Security Council, Feb. 29, 
2024, pg. 7, https://www.ecoi.net/en/file/local/2105958/n2405132.pdf.
    \15\ Situation in the Sudan, U.N. Security Council, Feb. 29, 
2024, pg. 7, https://www.ecoi.net/en/file/local/2105958/n2405132.pdf.
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Forced Displacement

    In October 2024, the U.N. Office for the Coordination of 
Humanitarian Affairs (UNOCHA) reported that ``[a]n estimated 10.9 
million [of a total estimated population of 50 million] \16\ were now 
internally displaced within Sudan, of whom 8.1 million were displaced 
after 15 April 2023.'' \17\ UNOCHA also noted that, by September 2024, 
about 2.2 million Sudanese had fled from Sudan to Egypt, Chad, the 
Central African Republic, Ethiopia, Libya, and South Sudan.'' \18\
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    \16\ Health data overview for the Republic of Sudan, World 
Health Organization, https://data.who.int/countries/729 (last 
visited on Oct. 31, 2024).
    \17\ Sudan Humanitarian Update, UNOCHA, Oct. 1, 2024, https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024.
    \18\ Sudan Humanitarian Update, UNOCHA, Oct. 1, 2024, https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024.
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Access to Food

    The World Food Program (WFP) has noted that increased food prices--
a ``28 percent increase in the cost of the WFP local food basket from 
June to July 2024, driven by a sharp rise in the prices of basic 
commodities''--have worsened ``the already dire food security situation 
across the country.'' \19\ UNOCHA and UNCHR reported in September 2024 
that ``Sudan is now also the world's largest hunger crisis, with over 
half of the country's population--nearly 26 million people--facing high 
levels of acute hunger.'' \20\ Global food security experts have 
confirmed famine conditions in North Darfur.\21\ According to the WFP, 
``13 other areas in Sudan, primarily in Darfur, Kordofan, Khartoum, and 
Gezira are at risk of famine.'' \22\
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    \19\ WFP Sudan Regional Crisis External Situation Report #8, 
WFP, Sept. 19, 2024, https://reliefweb.int/report/sudan/wfp-sudan-regional-crisis-external-situation-report-8-31-august-2024.
    \20\ Global community to urge action on escalating Sudan crisis 
at UN General Assembly, UNOCHA, UNHCR, Sept. 25, 2024, https://reliefweb.int/report/sudan/global-community-urge-action-escalating-sudan-crisis-un-general-assembly-25-september-2024-enar.
    \21\ Sexual violence and famine stalk Sudan's displaced, U.N. 
News, Aug. 13, 2024, https://reliefweb.int/report/sudan/sexual-violence-and-famine-stalk-sudans-displaced.
    \22\ WFP Sudan Regional Crisis External Situation Report #8, 
WFP, Sept. 19, 2024, https://reliefweb.int/report/sudan/wfp-sudan-regional-crisis-external-situation-report-8-31-august-2024.
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Disease and Access to Healthcare

    In September 2024, the World Health Organization (WHO) ``estimated 
70--80% of health facilities in areas worst affected by conflict, such 
as Al Jazirah, Kordofan, Darfur and Khartoum, and about 45% in other 
parts of the country, are now barely operational or closed, impacting 
millions of people living through one of the worst humanitarian 
disasters in recent memory.'' \23\ Sudan is also experiencing outbreaks 
of multiple diseases, such as cholera, malaria, dengue fever, measles, 
and rubella resulting from the ``lack of operational health facilities, 
treatment, and medicines.'' \24\ In October 2024, UNOCHA stated that 
``an estimated 3.4 million children under five years are at high risk 
of epidemic diseases'' stemming from ``significant declines in 
vaccination rates and the destruction of health, water, sanitation and 
hygiene infrastructure as a result of the ongoing conflict.'' \25\
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    \23\ Sudan surpasses 100 attacks on healthcare since 2023 armed 
conflict began, WHO, Sept. 24, 2024, https://reliefweb.int/report/sudan/sudan-surpasses-100-attacks-healthcare-2023-armed-conflict-began.
    \24\ Sudan Humanitarian Update, UNOCHA, Oct. 1, 2024, https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024.
    \25\ Sudan Humanitarian Update, UNOCHA, Oct. 1, 2024, https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024.
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Gender-Based Violence

    In Sudan, women and girls face widespread threats of sexual and 
gender-based violence.\26\ According the U.S. Department of State 
``[s]ince April [2023], humanitarian workers received an increasing 
number of reports of gender-based violence, including sexual violence, 
particularly against IDPs and women and girls in conflict areas.'' \27\ 
UNOCHA has reported that survivors of gender-based violence ``are 
facing life-threatening consequences such as strong suicidal 
tendencies.'' \28\ Armed Conflict Location & Event Data (ACLED) has 
reported surging sexual violence and its use as a weapon in the 
conflict by armed groups that ``disproportionately target women and 
girls with multiple cases of sexual assault, including rape and sexual 
slavery, in the absence of authorities to curb the abuse and medical 
facilities to treat both the physical and mental effects of sexual 
violence.'' \29\
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    \26\ Report of the Independent International Fact-Finding 
Mission for the Sudan, U.N. Human Rights Council, September 6, 2024, 
pg. 10, https://www.ohchr.org/en/hr-bodies/hrc/ffm-sudan/index.
    \27\ 2023 Country Reports on Human Rights Practices: Sudan, U.S. 
Dep't of State, Mar. 30, 2024, https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan.
    \28\ Gender-based Violence Sub-cluster Response, UNOCHA, Oct. 
15, 2023, https://reports.unocha.org/en/country/sudan/card/5HPjTQBSaq/.
    \29\ Sudan Protection Concerns: ten months into the war, ACAPS, 
Feb. 29, 2024, pg. 3, https://www.acaps.org/fileadmin/Data_Product/Main_media/20240229_ACAPS_Sudan_analysis_hub_protection_concerns_10_months_into_the_war.pdf.
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    Based on this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Sudan's designation for TPS 
continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C. 
1254a(b)(3)(A) and (C).
     There continues to be an ongoing armed conflict in Sudan 
and, due to such conflict, requiring the return to Sudan of Sudanese 
nationals (or individuals having no nationality who last habitually 
resided in Sudan) would pose a serious threat to their personal safety. 
See INA sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
     There continue to be extraordinary and temporary 
conditions in Sudan that prevent Sudanese nationals (or individuals 
having no nationality who last habitually resided in Sudan) from 
returning to Sudan in safety, and it is not contrary to the national 
interest of the United States to permit Sudanese TPS beneficiaries to 
remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8 
U.S.C. 1254a(b)(1)(C).
     The designation of Sudan for TPS should be extended for an 
18-month period, beginning on April 20, 2025, and ending on October 19, 
2026. See

[[Page 5948]]

INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     There are approximately1,900 current Sudanese TPS 
beneficiaries who are eligible to re-register for TPS under the 
extension.

Notice of the Designation of 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 U.S. Government agencies, the statutory conditions 
supporting Sudan's designation for TPS on the basis of ongoing armed 
conflict and extraordinary and temporary conditions are met, and it is 
not contrary to the national interest of the United States to permit 
Sudanese TPS beneficiaries to remain in the United States temporarily. 
See INA secs. 244(b)(1)(A) and (b)(1)(C), 8 U.S.C. 1254a(b)(1)(A) and 
(b)(1)(C). On the basis of this determination, I am extending the 
existing designation of Sudan for TPS for 18 months, beginning on April 
20, 2025, and ending on October 19, 2026. See INA sec. 244(b)(1) and 
(b)(2); 8 U.S.C. 1254a(b)(1), and (b)(2).

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

Eligibility and Employment Authorization for TPS

Required Application Forms and Application Fees to register or re-
register for TPS:

    To re-register for TPS based on the designation of Sudan, you must 
submit a Form I-821. When filing an application to re-register for TPS, 
you do not need to pay the application fee; however, you are required 
to pay the biometric services fee. If you cannot pay the biometric 
services fee, you may ask USCIS to waive the fee. Please see additional 
information under the ``Biometric Services Fee'' section of this 
notice.
    TPS beneficiaries are eligible for an EAD, which proves their 
authorization to work in the United States. You are not required to 
submit Form I-765 or have an EAD to be granted TPS, but see below for 
more information if you want an EAD to use as proof that you can work 
in the United States.
    Individuals who have a Sudan TPS application (Form I-821) that was 
still pending as of January 17, 2025, do not need to file the 
application again. If USCIS approves an individual's Form I-821, USCIS 
will grant the individual TPS through October 19, 2026.
    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 106.2 and the fee waiver-related regulations in 8 
CFR 106.3. In addition, USCIS Form G-1055, Fee Schedule, provides the 
current fees required for the Form I-821 and Form I-765 for existing 
TPS beneficiaries who are re-registering.

How Can TPS Beneficiaries Obtain an EAD?

    Everyone must provide their employer with documentation showing 
that they have the legal right to work in the United States. TPS 
beneficiaries are eligible to obtain an EAD, which proves their legal 
right to work. If you want to obtain an EAD, you must file Form I-765 
and pay the Form I-765 fee (or request a fee waiver, which you may 
submit on Form I-912). TPS applicants may file this form with their TPS 
application, or separately later, if their TPS application is still 
pending or has been approved.
    Beneficiaries with a Sudan TPS-related Form I-765 that was still 
pending as of January 17, 2025, do not need to file the application 
again. If USCIS approves a pending TPS-related Form I-765, USCIS will 
issue the individual a new EAD that will be valid through October 19, 
2026.

Can My TPS-Related EAD Be Automatically Extended?

    Yes. There are two ways for your TPS-related EAD to be 
automatically extended. First, if you already have an EAD with a ``Card 
Expires'' date of April 19, 2025, June 30, 2024, Dec. 31, 2022, Oct. 4, 
2021, Jan. 4, 2021, Jan. 2, 2020, April 2, 2019, Nov. 2, 2018, or Nov. 
2, 2017, this Federal Register notice automatically extends it through 
April 19, 2026 without any further action on your part. You do not need 
to present this FRN or any other additional documentation other than 
your EAD to use this automatic extension.
    Second, you may also be eligible for a longer automatic extension 
of up to 540 days from the ``Card Expires'' date on the EAD if you file 
your Form I-765 EAD renewal application during the re-registration 
period of January 17, 2025, through March 18, 2025 (``Up to 540-Day 
Automatic EAD Extension'').\30\ See the section ``How can I receive an 
automatic extension of my current TPS EAD for up to 540 days from the 
``Card Expires'' date on the EAD by filing an EAD renewal application 
(``Up to 540-Day Automatic EAD Extension'')?'' of this Federal Register 
notice for more information. Your EAD may be eligible for both types of 
extensions. If you take advantage of both types of EAD extensions, the 
automatic extension periods run concurrently.
---------------------------------------------------------------------------

    \30\ Under 8 CFR 274a.13(d), EADs with category A-12 and C-19 
are eligible for an automatic extension of up to 540 days from the 
date on the face of the EAD if the bearer's Form I-765 application 
is properly filed under either the A-12 or C-19 category and during 
the re-registration period described in the applicable Federal 
Register notice.
---------------------------------------------------------------------------

Filing Information

    USCIS offers the option to applicants for TPS under Sudan's 
designation to file Form I-821 and related requests for EADs online or 
by mail. However, if you file Form I-912, Request for Fee Waiver or a 
written fee waiver request for any applications filed together with 
your Form I-821, you must submit your applications by mail. When filing 
a TPS application, you can also request an EAD by submitting a 
completed Form I-765 with your Form I-821. Under certain circumstances, 
you may also upload a completed Form I-765 with a fee or fee waiver 
request, in Portable Document Format (PDF) through your USCIS online 
account. More information about filing your Form I-765 and fee waiver 
request through a PDF upload is available at https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option.
    Online filing: Form I-821 and Form I-765 are available for 
concurrent filing online.\31\ To file these forms online, you must 
first create a USCIS online account.\32\
---------------------------------------------------------------------------

    \31\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \32\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

    PDF upload: Form I-765, if applicable, and Form I-912, if 
applicable, are available for PDF upload. To upload these documents, 
you must first create a USCIS online account.\33\
---------------------------------------------------------------------------

    \33\ https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option. Sign up to create a new USCIS 
online account at https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

    Mail filing: Mail your completed Form I-821; Form I-765, if 
applicable; Form I-912, if applicable; and supporting documentation to 
the proper address in Table 1--Mailing Addresses.

[[Page 5949]]

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
                                                       Then, mail your
      If you send your paper application via:          application to:
------------------------------------------------------------------------
U.S. Postal Service USPS..........................  USCIS, Attn: TPS
                                                     Sudan, P.O. Box
                                                     6943, Chicago, IL
                                                     60680-6943.
FedEx, UPS, or DHL deliveries.....................  USCIS, Attn: TPS
                                                     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, you may 
file Form I-765 online, mail your Form I-765 to the appropriate address 
in Table 1, or submit a PDF upload. If you file online, you will be 
prompted to include the fee. If you file by mail, you must include the 
fee or fee waiver request. If you file by PDF upload, you must include 
the fee or a fee waiver request. When you request an EAD based on an IJ 
or BIA grant of TPS, please include with your application a copy of the 
order from the IJ or BIA granting you TPS. This will help us verify 
your grant of TPS and process your application.

Supporting Documents

    The filing instructions for Form I-821 list all the documents you 
need to re-register for TPS. You may also find information on the 
acceptable documentation and other requirements for re-registering) for 
TPS on the USCIS website at https://www.uscis.gov/tps under ``Sudan.''

Travel

    TPS beneficiaries and TPS applicants with pending Form I-821 
applications may also apply for travel authorization, which USCIS may 
grant as a matter of discretion. You must file for travel authorization 
if you wish to travel outside of the United States. If USCIS grants 
travel authorization, it gives you permission to leave the United 
States and return during a specific period. To request travel 
authorization, you must file Form I-131, available at https://www.uscis.gov/i-131. You may file Form I-131 together with your Form I-
821 or separately. When filing Form I-131, a TPS beneficiary must:
     Select Item Number 4 in Part 1 on the Form I-131; and
     Submit the fee for Form I-131, or request a fee waiver, 
which you may submit on Form I-912.
    When filing Form I-131, a TPS applicant with a pending initial Form 
I-821 must:
     Select Item Number 5C in Part 1 on the Form I-131; and
     Submit the fee for Form I-131, or request a fee waiver, 
which you may submit on Form I-912.
    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 
and include a copy of Form I-797, Notice of Action, or Form I-797C, 
Notice of Action, indicating either approval or receipt of Form I-821. 
Form I-131 may not be filed by PDF upload.

                       Table 2--Mailing Addresses
------------------------------------------------------------------------
                 If you are . . .                       Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with Form I-821........  The address provided
                                                     in Table 1.
Filing Form I-131 based on a pending or approved    USCIS, Attn: I-131
 Form I-821, and you are using the U.S. Postal       TPS, P.O. Box
 Service (USPS).                                     660167, Dallas, TX
                                                     75266-0867.
You must include a copy of the Notice of Action
 (Form I-797C or I-797) showing USCIS received or
 approved your Form I-821.
Filing Form I-131 based on a pending or approved    USCIS, Attn: I-131
 Form I-821, and you are using FedEx, UPS, or DHL.   TPS, 2501 S State
                                                     Hwy. 121 Business,
                                                     Ste. 400,
                                                     Lewisville, TX
                                                     75067.
You must include a copy of the Notice of Action
 (Form I-797C or I-797) showing USCIS received or
 approved your Form I-821.
------------------------------------------------------------------------

Biometric Services Fee for TPS

    Biometrics (such as fingerprints) are required for all applicants, 
in addition to a biometric services fee. As previously stated, if you 
cannot pay the biometric services fee, you may request a fee waiver, 
which you may submit on Form I-912. For more information on the 
application forms and fees for TPS, please visit the USCIS TPS web page 
at https://www.uscis.gov/tps. USCIS may require you to visit an 
Application Support Center to have your biometrics collected. For 
additional information on the USCIS biometric screening process, please 
see the USCIS Customer Profile Management Service Privacy Impact 
Assessment, available at https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms.

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, as well 
as the status of your TPS-based EAD request, you can check Case Status 
Online at https://uscis.gov or visit the USCIS Contact Center at 
https://www.uscis.gov/contactcenter. If you still need assistance, you 
may ask a question about your case online at https://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 extension of my current EAD 
through April 19, 2026, through this Federal Register notice (``FRN-
Based Automatic EAD Extension'')?

    Yes. Regardless of your country of birth, if you currently have a 
Sudan TPS-based EAD with the notation A-12 or C-19 under Category and a 
``Card Expires'' date of April 19, 2025, June 30, 2024, Dec. 31, 2022, 
Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, April 2, 2019, Nov. 2, 2018, 
or Nov. 2, 2017, this Federal Register notice automatically extends 
your EAD through April 19, 2026 without any further action on your 
part. Although this Federal Register notice automatically extends your 
EAD through April 19, 2026, you still must timely re-register for TPS 
in accordance with the procedures described in this

[[Page 5950]]

Federal Register notice to maintain your TPS. You also should file your 
form I-765 timely to avoid possible gaps in your employment 
authorization documentation.

How can I receive an automatic extension of my current TPS EAD for up 
to 540 days from the ``Card Expires'' date on the EAD by filing an EAD 
renewal application (``Up to 540-Day Automatic EAD Extension'')?

    You qualify for this other type of automatic EAD extension if:
     You properly file your renewal Form I-765 during the TPS 
re-registration period which is January 17, 2025, through March 18, 
2025; and
     Your Form I-765 EAD renewal application is under category 
A-12 or C-19.
    As long as the categories listed on your EAD and Form I-797C 
receipt notice are A-12 or C-19, they don't need to be the same. (For 
example, your EAD may still be automatically extended for up to 540 
days if your facially expired or expiring EAD says C-19 and your 
renewal application says A-12.)
    For purposes of your employer verifying your employment eligibility 
on the Form I-9, if you choose to complete your Form I-9 using the ``Up 
to 540-Day Automatic EAD Extension,'' the automatic extension period 
starts from the ``Card Expires'' date on your EAD. You may use the EAD 
Automatic Extension Calculator available at https://www.uscis.gov/eadautoextend to determine the automatically extended expiration date.

When hired, what documentation may I show to my employer as evidence of 
identity and employment authorization when completing Form I-9?

    You can find the Lists of Acceptable Documents on Form I-9, 
Employment Eligibility Verification, 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 business 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 one selection from List A (which provides evidence 
of both identity and employment authorization) or one selection from 
List B (which provides evidence of your identity) together with one 
selection from List C (which provides evidence of employment 
authorization), or you may present an acceptable receipt as described 
in these lists. 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 more information.
    A. FRN-based Automatic EAD Extension. If your EAD states A-12 or C-
19 under Category and has a ``Card Expires'' date of April 19, 2025, 
June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, 
April 2, 2019, Nov. 2, 2018, or Nov. 2, 2017, this Federal Register 
notice extends it automatically, and you may choose to present your EAD 
to your employer as proof of identity and employment eligibility for 
Form I-9 through April 19, 2026. Your country of birth noted on the EAD 
does not have to reflect the TPS-designated country of Sudan for you to 
be eligible for this extension. You may, but are not required to, 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 April 19, 2026.
    B. Up to 540-day Automatic EAD Extension. To show that you qualify 
for this extension, present:
    1. Your EAD with a Category Code of A-12 or C-19 and
    2. Your Form I-797C, Notice of Action, for your Form I-765 renewal 
EAD application showing a Category Code of A-12 or C-19. The ``Received 
Date'' on this notice must fall within the re-registration period 
described in this FRN, which is from (January 17, 2025,through March 
18, 2025).
    The A-12 or C-19 categories on your Form I-797C, Notice of Action, 
and facially expired or expiring A-12 or C-19 EAD do not need to match, 
as long as each lists A-12 or C-19 as the category. (For example, your 
EAD may still be automatically extended for up to 540 days if your EAD 
says C-19 and your renewal application says A-12.)

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?

    Your employer is required by law to ask you about your continued 
employment authorization. Your employer may need to reexamine 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 
Expires'' date and Category code, they 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 more information.
    A. FRN-based Automatic EAD Extension. If you choose to use the 
automatic EAD extension based on this Federal Register notice, 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 April 19, 2026; however, you are not required to do so. The 
last day of this automatic EAD extension is April 19, 2026. Before you 
start work on April 20, 2026, your employer is required by law to 
reverify your employment authorization on Form I-9.
    B. Up to 540-day Automatic EAD Extension. If you filed your EAD 
renewal application during the re-registration period indicated in this 
Federal Register notice and choose to have your EAD automatically 
extended for up to 540 days from the ``Card Expires'' date on your EAD, 
present:
    1. Your facially expired or expiring EAD with a Category Code of A-
12 or C-19, and
    2. The Form I-797C, Notice of Action, showing a Category Code of A-
12 or C-19. The ``Received Date'' on this notice must fall within the 
re-registration period described in this FRN, which is from (January 
17, 2025, through March 3, 2025).
    By the end date of your automatic EAD extension, 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 these lists 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.

If I have an EAD based on another immigration status, can I obtain a 
new TPS-based EAD?

    Yes, if you are eligible for TPS, you can obtain a new TPS-based 
EAD, even if you already have an EAD or work authorization based on 
another immigration status. If you want to obtain a new TPS-based EAD 
valid through October 19, 2026, you must file Form I-765 and pay the 
associated fee (unless USCIS grants your fee waiver request).

[[Page 5951]]

Can my employer require that I provide any other documentation to 
complete Form I-9, such as evidence of my status, proof of my Sudanese 
citizenship, or a Form I-797 showing that I registered for TPS?

    No. When completing Form I-9, employers must accept any 
documentation you choose to present from 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 may not request other documentation, such as proof of 
Sudanese citizenship or proof of 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 if the 
EAD reasonably appears to be genuine and to relate 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?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before April 20, 2026:
    1. For Section 1, you should:
    a. Check ``A noncitizen authorized to work until'' and enter 
October 19, 2026, as the ``expiration date''; and
    b. Enter your 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 whether the EAD is auto-extended by ensuring it is in 
category A-12 or C-19 and has a ``Card Expires'' date of April 19, 
2025, June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 
2020, April 2, 2019, Nov. 2, 2018, or Nov. 2, 2017;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write April 19, 2026, as the expiration date.
    Before the start of work on April 20, 2026, employers must reverify 
the employee's employment authorization on Form I-9.
    B. Up to 540-day Automatic EAD Extension. If you filed your EAD 
renewal application during the re-registration period indicated in this 
Federal Register notice and choose to have your EAD automatically 
extended for up to 540 days from the ``Card Expires'' date on your EAD:
    1. For Section 1, you should:
    a. Check ``A noncitizen authorized to work until;'' and
    b. Enter your 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.)
    c. Enter October 19, 2026 as the expiration date.
    2. In Section 2, in the List A column, the employer must:
    a. Determine whether the EAD is automatically extended by ensuring 
it is in category A-12 or C-19 and that your Form I-797C indicates that 
you filed your Form I-765 renewal EAD application under Category A12 or 
C19 and during the re-registration period indicated in this Federal 
Register notice;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. In the Expiration Date field, enter the date 540 days from the 
``Card Expires'' date on the EAD. This date may not be later than 
October 19, 2026. Use the Automatic Extension Eligibility Calculator at 
https://www.uscis.gov/eadautoextend to calculate your new EAD 
expiration date.
    f. Employers should also enter ``EAD EXT'' in the Additional 
Information field.

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-examine your current EAD if they do not 
have a copy of the EAD on file. Your employer should determine whether 
your EAD is automatically extended by ensuring that it contains 
Category A-12 or C-19.
    A. FRN-based automatic EAD Extension. If you are relying on an FRN-
based automatic EAD extension, your employer should examine your EAD to 
see if it has a ``Card Expires'' date of April 19, 2025, June 30, 2024, 
Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, April 2, 2019, 
Nov. 2, 2018, or Nov. 2, 2017. Your employer may not rely on the 
country of birth listed on the card to determine whether you are 
eligible for this extension.
    If your employer determines that USCIS has automatically extended 
your EAD, they should update Section 2 of your previously completed 
Form I-9 as follows:
    1. Write EAD EXT and April 19, 2026, 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 automatic extension has ended, 
or the employee presents a new document to show continued employment 
authorization, whichever is sooner. By April 20, 2026, 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.
    B. Up to 540-day Automatic EAD Extension. If you are relying on an 
up to 540-day automatic EAD extension, your employer must also examine 
your Form I-797C indicating receipt of your Form I-765 renewal EAD 
application to determine if it was filed under Category A-12 or C-19 
and during the re-registration period indicated in this Federal 
Register notice. Your employer will need to update Form I-9 by entering 
the appropriate automatic EAD extension expiration date and ``EAD EXT'' 
in the Section 2 Additional Information field. The new up to 540-day 
EAD extension expiration date starts from the ``Card Expires'' date on 
the face of your current EAD, not to exceed the TPS designation end 
date indicated in this Federal Register notice. Use the Automatic 
Extension Eligibility Calculator at https://www.uscis.gov/eadautoextend 
to calculate your new EAD expiration date.
    Note: This information also applies if you initially presented a 
TPS-related EAD that was automatically extended by the FRN-Based 
Automatic EAD Extension and later obtained an up to 540-day automatic 
EAD extension.

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 EAD document number and expiration date from Section 2 of 
Form I-9 into the corresponding fields in E-Verify.

[[Page 5952]]

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?

    If you have an employee 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. You must reverify your employee's employment 
authorization on Form I-9 by the date their automatic EAD extension 
ends. 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 [email protected]. USCIS accepts calls and emails in English, 
Spanish 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 many languages. Employers may also email IER 
at [email protected] or get more information online at https://www.justice.gov/ier.

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 [email protected]. USCIS accepts and emails calls 
in English, Spanish and many other languages. Employees or job 
applicants may also call the U.S. Department of Justice, Civil Rights 
Division, Immigrant and Employee Rights Section (IER) Worker Hotline at 
800-255-7688 (TTY 800-237-2515) for information regarding employment 
discrimination based on citizenship, immigration status, or national 
origin, including discrimination related to Form I-9 and E-Verify. The 
IER Worker Hotline provides language interpretation in many 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 these lists. Employers may not require extra or additional 
documentation other than what is required to complete Form I-9. 
Further, employers participating in E-Verify who receive an E-Verify 
case result of ``Tentative Nonconfirmation'' (mismatch) must promptly 
inform employees of the mismatch and give these employees an 
opportunity to resolve the mismatch. A mismatch means that the 
information entered into E-Verify from Form I-9 differs from records 
available to DHS.
    Employers may not terminate, suspend, delay training, withhold or 
lower pay, or take any adverse action against an employee because of a 
mismatch while the case is still pending with E-Verify. A Final 
Nonconfirmation (FNC) case result occurs if E-Verify cannot confirm 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 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, if you present an EAD that has been 
automatically extended by this Federal Register notice, you do not need 
to show any other document, such as a Form I-797C, Notice of Action, 
reflecting receipt of a Form I-765 EAD renewal application or this 
Federal Register notice, to prove that you qualify for this extension. 
If you are presenting an EAD extended by an up to 540-day extension, 
you will need to show your Form I-797C, Notice of Action, reflecting 
receipt of your Form I-765. 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 or applicant, show you are authorized to work based 
on TPS or other status, or that may be used by DHS to determine if you 
have TPS or another immigration status. Examples of such documents are:
     Your current EAD with a TPS category code of A-12 or C-19, 
even if your country of birth noted on the EAD does not reflect the 
TPS-designated country of Sudan;
     Your Form I-94, Arrival/Departure Record;
     Your Form I-797, Notice of Action, reflecting approval of 
your Form I-765; or
     Form I-797 or Form I-797C, Notice of Action, reflecting 
approval or receipt of a past or current Form I-821, if you received 
one from USCIS.
    Check with the government agency requesting documentation about 
which document(s) the agency will accept.
    Some state and local government agencies use SAVE, https://www.uscis.gov/save, to confirm the current immigration status of 
applicants for public benefits. While SAVE can verify that an 
individual has TPS or a pending TPS application, each agency's 
procedures govern whether they will accept an unexpired EAD, Form I-
797, Form I-797C, or Form I-94. If an agency accepts the type of TPS-
related document you present, 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. Give the agency 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 5953]]

    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 https://www.uscis.gov/save/save-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 (such as your 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 
allow you to appeal the decision in accordance with the agency's 
procedures. If the agency has received and acted on or will act on a 
SAVE verification and you do not believe the SAVE response is correct, 
the SAVE website, https://www.uscis.gov/save/for-benefit-applicants, 
has detailed information on how to correct or update your immigration 
record, make an appointment, or submit a written request to correct 
records.

[FR Doc. 2025-00770 Filed 1-13-25; 8:45 am]
BILLING CODE 9111-97-P
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