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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 5936-5944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00771]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2795-25; DHS Docket No. USCIS-2022-0003]
RIN 1615-ZB91

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

DATES: Extension of Designation of Ukraine 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 Ukraine's TPS designation by selecting 
``Ukraine'' 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, 
listed on the USCIS website at https://www.uscis.gov/about-us/find-a-uscis-office, 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

[[Page 5937]]

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 Ukraine for TPS: The 18-month extension 
of Ukraine's TPS designation 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 Ukraine (or individuals having no nationality who last 
habitually resided in Ukraine) 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 Ukraine 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 Ukraine'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 
Ukraine'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 Ukraine. As proof of continued employment authorization 
through April 19, 2026, TPS beneficiaries can show their EAD with the 
notation A12 or C19 under Category and a ``Card Expires'' date of April 
19, 2025 or October 19, 2023. 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 Ukraine or TPS-related 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:
    [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 Ukraine designated for TPS?

    Ukraine was initially designated on April 19, 2022 on the basis of 
ongoing armed conflict and extraordinary and temporary conditions in 
Ukraine that prevented nationals of Ukraine from returning in safety. 
See Designation of Ukraine for Temporary Protected Status, 87 FR 23211 
(Apr. 19, 2022). Following the initial designation, TPS for Ukraine was 
extended and redesignated based on ongoing armed conflict and 
extraordinary and temporary conditions from October 20, 2023, through 
April 19, 2025. See Extension and Redesignation of Ukraine for 
Temporary Protected Status, 88 FR 56872 (Aug. 21, 2023).

What authority does the Secretary have to extend the designation of 
Ukraine 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.\1\ The

[[Page 5938]]

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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    \1\ 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. See INA 
sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

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

    DHS has reviewed country conditions in Ukraine. 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 ongoing armed conflict and 
extraordinary and temporary conditions supporting Ukraine's TPS 
designation remain.

Overview

    Ukraine is in its third year of war with Russia, which has involved 
large-scale attacks on major cities and has resulted in increased 
civilian casualties and significant damage and destruction to critical 
infrastructure.\2\ The humanitarian suffering is widespread with 
increased poverty levels and humanitarian assistance needs.\3\ Access 
to social infrastructure, such as schools and healthcare facilities, 
also remain an issue because of attacks that result in damage or 
destruction to infrastructure.\4\
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    \2\ Office for Democratic Institutions and Human Rights (ODIHR), 
Fifth Interim Report on reported violations of international 
humanitarian law and international human rights law in Ukraine, July 
22, 2024, 4, available at https://www.osce.org/files/f/documents/a/e/573346_1.pdf.
    \3\ See UNOCHA, Ukraine: Projected situation, available at 
https://www.unocha.org/ukraine (last visited Oct. 28, 2024).
    \4\ The World Health Organization, Surveillance System for 
Attacks on Health Care SSA, available at https://extranet.who.int/ssa/Index.aspx (last visited Oct. 28, 2024); Human Rights Watch, 
``Tanks on the playground,'' Attacks on schools and military use of 
schools in Ukraine, Nov. 9, 2023, available at https://www.hrw.org/report/2023/11/09/tanks-playground/attacks-schools-and-military-use-schools-ukraine (last visited Oct. 28, 2024).
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Armed Conflict and Civilian Casualties

    Since February 24, 2022, Russia has been conducting a full-scale 
invasion of Ukraine.\5\ Russia's missile and drone strikes continue to 
hit Ukraine's population centers and critical infrastructure.\6\ In 
2024, Russian armed forces intensified their coordinated large-scale 
attacks on major Ukrainian cities, regardless of whether the city was 
near the frontline.\7\ Since the end of March 2024, Russian armed 
forces have been attacking energy related infrastructure across 
Ukraine, damaging and destroying power generation facilities and 
electricity substations.\8\ The consequences include civilian 
casualties and interrupted access to electricity, gas and water.\9\ 
Russian forces have also increased their attacks on the Dnipro Dam and 
the Ukrainian railway system.\10\ The U.N. Office of the High 
Commissioner for Human Rights (OHCHR) reports that since February 24, 
2022, 11,743 civilians have been killed and 24,614 civilians have been 
injured from conflict-related violence, as of August 31, 2024.\11\ The 
July 8, 2024 large-scale attack across Ukraine made July 2024 the 
deadliest month for civilians since October 2022.\12\
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    \5\ Center for Preventive Action, War In Ukraine, Oct. 16, 2024, 
available at https://www.cfr.org/global-conflict-tracker/conflict/conflict-ukraine (last visited Oct. 30, 2024).
    \6\ U.S. Department of State, 2023 Country Reports on Human 
Rights Practices: Ukraine, Apr. 22, 2024, available at https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/ukraine/ (last visited Oct. 25, 2024).
    \7\ Office for Democratic Institutions and Human Rights (ODIHR), 
Fifth Interim Report on reported violations of international 
humanitarian law and international human rights law in Ukraine, July 
22, 2024, 8, available at https://www.osce.org/files/f/documents/a/e/573346_1.pdf.
    \8\ Office for Democratic Institutions and Human Rights (ODIHR), 
Fifth Interim Report on reported violations of international 
humanitarian law and international human rights law in Ukraine, July 
22, 2024, 10, available at https://www.osce.org/files/f/documents/a/e/573346_1.pdf.
    \9\ Office for Democratic Institutions and Human Rights (ODIHR), 
Fifth Interim Report on reported violations of international 
humanitarian law and international human rights law in Ukraine, July 
22, 2024, 10, available at https://www.osce.org/files/f/documents/a/e/573346_1.pdf.
    \10\ Office for Democratic Institutions and Human Rights 
(ODIHR), Fifth Interim Report on reported violations of 
international humanitarian law and international human rights law in 
Ukraine, July 22, 2024, 10, available at https://www.osce.org/files/f/documents/a/e/573346_1.pdf.
    \11\ OHCHR, Ukraine: Worsening impact on civilians of Russia's 
attack, torture of prisoners of war, Oct. 1, 2024, 17, available at 
https://www.ohchr.org/en/press-briefing-notes/2024/10/ukraine-worsening-impact-civilians-russias-attack-torture-prisoners (last 
visited Oct. 25, 2024).
    \12\ OHCHR, Treatment of Prisoners of War and Update on the 
Human Rights Situation in Ukraine, 1 June 2024-31 August 2024, Oct. 
1, 2024, 18, available at https://www.ohchr.org/sites/default/files/documents/countries/ukraine/2024/Ukraine-OHCHR-40th-periodic-report.pdf.
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Humanitarian Situation

    The ongoing war has created a humanitarian crisis in Ukraine with 
over 14.6 million people (about 40% of the Ukrainian population) 
requiring humanitarian assistance in 2024.\13\ The World Bank reports 
that over 9 million Ukrainians are living in poverty, which is an 
increase of 1.8 million people since the full-scale invasion began.\14\ 
In areas close to the front-line, particularly in the south and east, 
and including Russian occupied territories, the humanitarian situation 
is dire and growing in severity with over 3.3 million people in need of 
aid.\15\
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    \13\ See UNOCHA, Ukraine: Projected situation, December 2023, 
available at https://www.unocha.org/ukraine (last visited Oct. 28, 
2024).
    \14\ The World Bank Group, The World Bank in Ukraine: Overview, 
last updated Aug. 1, 2024, available at https://www.worldbank.org/en/country/ukraine/overview (last visited Oct. 28, 2024).
    \15\ UNOCHA, Ukraine: Projected situation, December 2023, 
available at https://www.unocha.org/ukraine (last visited Oct. 28, 
2024).
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    UNHCR reports that as of October 2024, more than 6.7 million 
Ukrainians have fled Ukraine and been recorded as refugees across the 
world,\16\ while nearly 3.7 million people are internally displaced as 
of August 2024.\17\ Approximately 90 percent of those fleeing the 
crisis are women and children, and they are at risk of gender-based 
violence and sexual exploitation and abuse.\18\ Older people account 
for almost 25 percent of all internationally

[[Page 5939]]

displaced persons and are struggling to meet their basic needs.\19\
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    \16\ UNHCR, Ukraine refugee situation, the Office of the United 
Nations High Commissioner for Refugees Operational Data Portal, last 
updated Oct. 15, 2024, available at https://data.unhcr.org/en/situations/ukraine (last visited Oct. 27, 2024).
    \17\ IOM UN Migration, Global Data Institute Displacement 
Tracking Matrix, Ukraine, available at http://dtm.iom.int/ukraine 
(last visited Oct. 28, 2024).
    \18\ USA for UNHCR, Ukraine emergency, available at https://www.unrefugees.org/emergencies/ukraine/ (last visited Oct. 28, 
2024).
    \19\ Internal Displacement Monitoring Centre, Global report on 
internal displacement, Apr. 2024, 57, available at https://api.internal-displacement.org/sites/default/files/publications/documents/IDMC-GRID-2024-Global-Report-on-Internal-Displacement.pdf.
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    Educational and healthcare infrastructure continue to be attacked 
by Russian forces. Between February 2022 and October 2023, 3,428 
educational facilities had been damaged and 365 destroyed.\20\ As such, 
Ukrainian children's access to education has been disrupted, and it is 
projected that repair and reconstruction of schools will take time and 
require significant resources.\21\ Access to effective health care 
continues to be severely limited. The World Health Organization's 
Surveillance System for Attacks on Health Care has confirmed 1,778 
attacks on health care facilities in Ukraine since the start of the 
invasion in 2022.\22\ Continuous attacks to civilian infrastructure 
that impact electricity, water and telecommunications, have also 
affected the country's ability to deliver health-care services and 
critical public health functions.\23\
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    \20\ Human Rights Watch, ``Tanks on the playground,'' Attacks on 
schools and military use of schools in Ukraine, Nov. 9, 2023, 
available at https://www.hrw.org/report/2023/11/09/tanks-playground/attacks-schools-and-military-use-schools-ukraine (last visited Oct. 
28, 2024).
    \21\ Human Rights Watch, ``Tanks on the playground,'' Attacks on 
schools and military use of schools in Ukraine, Nov. 9, 2023, 
available at https://www.hrw.org/report/2023/11/09/tanks-playground/attacks-schools-and-military-use-schools-ukraine (last visited Oct. 
28, 2024).
    \22\ The World Health Organization, Surveillance System for 
Attacks on Health Care SSA, available at https://extranet.who.int/ssa/Index.aspx (last visited Oct. 28, 2024).
    \23\ The World Health Organization, World Health Organization's 
Country Cooperation Strategy, Ukraine 2024-2030, Feb. 20, 2024, 7, 
available at https://www.who.int/publications/i/item/WHO-EURO-2024-9329-49101-73236 (last visited Oct. 28, 2024).
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    In summary, Russia's unrelenting attacks on Ukraine continue to 
cause civilian casualties and a worsening humanitarian crisis, from 
mass displacement to the destruction of critical infrastructure.
    Based on this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Ukraine'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 Ukraine 
and, due to such conflict, requiring the return to Ukraine of Ukrainian 
nationals (or individuals having no nationality who last habitually 
resided in Ukraine) 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 Ukraine that prevent Ukrainian nationals (or individuals 
having no nationality who last habitually resided in Ukraine) from 
returning to Ukraine in safety, and it is not contrary to the national 
interest of the United States to permit Ukrainian 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 Ukraine for TPS should be extended for 
an 18-month period, beginning on April 20, 2025, and ending on October 
19, 2026. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     There are approximately 103,700 current Ukraine TPS 
beneficiaries who are eligible to re-register for TPS under the 
extension.

Notice of the Designation of Ukraine 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 Ukraine'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 
Ukrainian TPS beneficiaries to remain in the United States temporarily. 
See INA sec. 244(b)(1)(A)(C), 8 U.S.C. 1254a(b)(1) (A)(C). On the basis 
of this determination, I am extending the existing designation of 
Ukraine 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 Re-Register for TPS:

    To re-register for TPS based on the designation of Ukraine, you 
must submit 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 Ukraine 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 Ukraine 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 or October 19, 2023, 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

[[Page 5940]]

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'').\24\ 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, but in no case will your EAD automatic extension be valid 
past October 19, 2026. If you take advantage of both types of EAD 
extensions, the automatic extension periods run concurrently.
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    \24\ Under 8 CFR 274a.13(d), EADs with category A12 and C19 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 A12 or C19 category and during the 
re-registration period described in the applicable Federal Register 
notice.
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Filing Information

    USCIS offers the option to applicants for TPS under Ukraine'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.\25\ To file these forms online, you must 
first create a USCIS online account.\26\
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    \25\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \26\ https://myaccount.uscis.gov/users/sign_up.
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    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.\27\
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    \27\ 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.
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    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.

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
   If you are applying for TPS under the     Then mail your application
 designation for Ukraine and you live in:                to:
------------------------------------------------------------------------
[cir] Alabama.............................  USCIS Chicago Lockbox.
[cir] Alaska..............................  U.S. Postal Service (USPS):
[cir] American Samoa......................  U.S. Citizenship and
[cir] Arizona.............................   Immigration Services, Attn:
[cir] Arkansas............................   TPS Ukraine, P.O. Box 4464,
[cir] Colorado............................   Chicago, IL 60680-4464.
[cir] Connecticut.........................
[cir] Delaware............................
[cir] District of Columbia................  FedEx, UPS, or DHL:
[cir] Florida.............................  U.S. Citizenship and
[cir] Georgia.............................   Immigration Services, Attn:
[cir] Guam................................   TPS Ukraine (Box 4464), 131
[cir] Hawaii..............................   S Dearborn St., 3rd Floor,
[cir] Idaho...............................   Chicago, IL 60603-5517.
[cir] Illinois............................
[cir] Indiana.............................
[cir] Iowa................................
[cir] Kansas..............................
[cir] Kentucky............................
[cir] Louisiana...........................
[cir] Maine...............................
[cir] Maryland............................
[cir] Massachusetts.......................
[cir] New York............................
[cir] Ohio................................
[cir] California..........................  USCIS Phoenix Lockbox.
[cir] Michigan............................  U.S. Postal Service (USPS):
[cir] Minnesota...........................  U.S. Citizenship and
[cir] Mississippi.........................   Immigration Services, Attn:
[cir] Missouri............................   TPS Ukraine, P.O. Box
[cir] Montana.............................   24047, Phoenix, AZ 85074-
[cir] Nebraska............................   4047.
[cir] Nevada..............................
[cir] New Hampshire.......................  FedEx, UPS, or DHL:
[cir] New Jersey..........................  U.S. Citizenship and
[cir] New Mexico..........................   Immigration Services, Attn:
[cir] North Carolina......................   TPS Ukraine (Box 24047),
[cir] North Dakota........................   2108 E Elliot Rd., Tempe,
[cir] Northern Mariana Islands............   AZ 85284-1806.
[cir] Oklahoma............................
[cir] Oregon..............................
[cir] Pennsylvania........................
[cir] Puerto Rico.........................
[cir] Rhode Island........................
[cir] South Carolina......................
[cir] South Dakota........................
[cir] Tennessee...........................
[cir] Texas...............................
[cir] Utah................................
[cir] Vermont.............................
[cir] Virgin Islands......................
[cir] Virginia............................
[cir] Washington..........................
[cir] West Virginia.......................
[cir] Wisconsin...........................
[cir] Wyoming.............................
------------------------------------------------------------------------

    If you were granted TPS by an immigration judge (IJ) or the Board 
of Immigration Appeals (BIA) and you want to request an EAD, you may 
submit Form I-765 one of three ways: online, mail your Form I-765 to 
the appropriate address in Table 1, or upload a completed PDF through 
your USCIS online account. 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, 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 
``Ukraine.''

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

[[Page 5941]]

permission to leave the United States and to return to a U.S. port of 
entry to request re-entry 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 together with Form I-821, send your 
forms to the address listed in Table 1. 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-  The address provided in Table
 821.                                     1.
Filing Form I-131 based on a pending or  USCIS, Attn: I-131 TPS, P.O.
 approved Form I-821, and you are using   Box 660167, Dallas, TX 75266-
 the U.S. Postal Service (USPS): You      0867.
 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  USCIS, Attn: I-131 TPS, 2501 S.
 approved Form I-821, and you are using   State Hwy. 121 Business, Ste.
 FedEx, UPS, or DHL: You must include a   400, Lewisville, TX 75067.
 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 
Ukraine TPS-based EAD with the notation A12 or C19 under Category and a 
``Card Expires'' date of April 19, 2025, or October 19, 2023, 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 by filing Form I-
821 in accordance with the procedures described in this 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 
A12 or C19.
    As long as the categories listed on your EAD and Form I-797C 
receipt notice are A12 or C19, 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 C19 and your renewal 
application says A12.)
    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 three business 
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

[[Page 5942]]

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 A12 or C19 
under Category and has a ``Card Expires'' date of April 19, 2025 or 
October 19, 2023, 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 Ukraine 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 A12 or C19 and
    2. Your Form I-797C, Notice of Action, for your Form I-765 renewal 
EAD application showing a Category Code of A12 or C19. 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 A12 or C19 categories on your Form I-797C, Notice of Action, 
and facially expired or expiring A12 or C19 EAD do not need to match, 
as long as each lists A12 or C19 as the category. (For example, your 
EAD may still be automatically extended for up to 540 days if your EAD 
says C19 and your renewal application says A12.)

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, 
but no later than October 19, 2026, present:
    1. Your facially expired or expiring EAD with a Category Code of 
A12 or C19, and
    2. The Form I-797C, Notice of Action, showing a Category Code of 
A12 or C19. 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.
    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 employment 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).

Can my employer require that I provide any other documentation to 
complete Form I-9, such as evidence of my status, proof of my Ukrainian 
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 
Ukrainian 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?

    A. FRN-based Automatic EAD Extension. When using this this type of 
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 A12 or C19 and has a ``Card Expires'' date of April 19, 2025, 
or October 19, 2023;
    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.

[[Page 5943]]

    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 A12 or C19 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 A12 or C19.
    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 or October 19, 
2023. 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 through this Federal Register notice, 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 expires, 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 A12 or C19 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.

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 calls and emails 
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,

[[Page 5944]]

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. Employment-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 A12 or C19, 
even if your country of birth noted on the EAD does not reflect the 
TPS-designated country of Ukraine;
     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.
    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. 2025-00771 Filed 1-13-25; 8:45 am]
BILLING CODE 9111-97-P
```