38744 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

22Because the suspension of requirements under 

this notice applies throughout an academic term 

during which the suspension is in effect, DHS 

considers an F–1 nonimmigrant student who 

engages in a reduced course load or employment (or 

both) after this notice is effective to be engaging in 

a ‘‘full course of study,’’ see 8 CFR 214.2(f)(6), and 

eligible for employment authorization, through the 

end of any academic term for which such student 

is matriculated as of March 17, 2023, provided the 

student satisfies the minimum course load 

requirement in this notice. DHS also considers 

students who engage in online coursework pursuant 

to ICE coronavirus disease 2019 (COVID–19) 

guidance for nonimmigrant students to be in 

compliance with regulations while such guidance 

remains in effect. See ICE Guidance and Frequently 

Asked Questions on COVID–19, available at https:// 

www.ice.gov/coronavirus [last visited May 2021]. 

214.2(f)(5)(v), 214.2(f)(6), 214.2(f)(9)(i) 

and (ii). 

How does an F–1 student who has 

received a TPS-related employment 

authorization document then apply for 

authorization to take a reduced course 

load under this notice? 

There is no further application 

process with USCIS if a student has 

been approved for a TPS-related EAD. 

However, the F–1 nonimmigrant student 

must demonstrate and provide 

documentation to the DSO of the direct 

economic hardship resulting from the 

crisis in Somalia. The DSO will then 

verify and update the student’s record 

in SEVIS to enable the F–1 

nonimmigrant student with TPS to 

reduce their course load without any 

further action or application. No other 

EAD needs to be issued for the F–1 

nonimmigrant student to have 

employment authorization. 

Can a student who has been granted 

TPS apply for reinstatement to F–1 

student status after his or her F–1 status 

has lapsed? 

Yes. Current regulations permit 

certain students who fall out of F–1 

student status to apply for 

reinstatement. See 8 CFR 214.2(f)(16). 

This provision might apply to a student 

who worked on a TPS-related EAD or 

dropped their course load before 

publication of this notice, and therefore 

fell out of student status. The student 

must satisfy the criteria set forth in the 

F–1 student status reinstatement 

regulations. 

How long will this notice remain in 

effect? 

This notice grants temporary relief 

through March 17, 2023 22 to eligible F– 

1 nonimmigrant students. DHS will 

continue to monitor the situation in 

Somalia. Should the special provisions 

authorized by this notice need 

modification or extension, DHS will 

announce such changes in the Federal 

Register. 

Paperwork Reduction Act (PRA) 

An F–1 nonimmigrant student seeking 

off-campus employment authorization 

due to severe economic hardship must 

demonstrate to the DSO that this 

employment is necessary to avoid 

severe economic hardship. A DSO who 

agrees that a nonimmigrant student 

should receive such employment 

authorization must recommend an 

application approval to USCIS by 

entering information in the remarks 

field of the student’s SEVIS record. The 

authority to collect this information is 

in the SEVIS collection of information 

currently approved by the Office of 

Management and Budget (OMB) under 

OMB Control Number 1653–0038. 

This notice also allows eligible F–1 

nonimmigrant students to request 

employment authorization, work an 

increased number of hours while the 

academic institution is in session, and 

reduce their course load while 

continuing to maintain F–1 

nonimmigrant student status. 

To apply for employment 

authorization, certain F–1 

nonimmigrant students must complete 

and submit a currently approved Form 

I–765 according to the instructions on 

the form. OMB has previously approved 

the collection of information contained 

on the current Form I–765, consistent 

with the PRA (OMB Control No. 1615– 

0040). Although there will be a slight 

increase in the number of Form I–765 

filings because of this notice, the 

number of filings currently contained in 

the OMB annual inventory for Form I– 

765 is sufficient to cover the additional 

filings. Accordingly, there is no further 

action required under the PRA. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2021–15605 Filed 7–21–21; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2698–21; DHS Docket No. USCIS– 

2013–0006] 

RIN 1615–ZB77 

Extension and Redesignation of 

Somalia for Temporary Protected 

Status 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Notice of temporary protected 

status extension and redesignation. 

SUMMARY: Through this notice, the 

Department of Homeland Security 

(DHS) announces that the Secretary of 

Homeland Security (Secretary) is 

extending the designation of Somalia for 

Temporary Protected Status (TPS) for 18 

months, from September 18, 2021, 

through March 17, 2023, and 

redesignating Somalia for 18 months, 

effective September 18, 2021 through 

March 17, 2023. The extension allows 

currently eligible TPS beneficiaries to 

retain TPS through March 17, 2023, so 

long as they otherwise continue to meet 

the eligibility requirements for TPS. The 

redesignation of Somalia allows 

additional individuals who have been 

continuously residing in the United 

States since July 19, 2021 to obtain TPS, 

if otherwise eligible. 

DATES: Extension of Designation of 

Somalia for TPS: The 18-month 

extension of the TPS designation of 

Somalia is effective September 18, 2021, 

and will remain in effect through March 

17, 2023. The 60-day re-registration 

period for existing beneficiaries runs 

from July 22, 2021 through September 

20, 2021. (Note: It is important for reregistrants to timely re-register during 

this 60-day period and not to wait until 

their EADs expire.) 

Redesignation of Somalia for TPS: 

The 18-month redesignation of Somalia 

for TPS is effective September 18, 2021, 

and will remain in effect through March 

17, 2023. The initial registration period 

for new applicants under the Somalia 

TPS redesignation begins on July 22, 

2021 and will remain in effect through 

March 17, 2023. For more information, 

see SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: You 

may contact Andria Strano, Acting 

Chief, Humanitarian Affairs Division, 

Office of Policy and Strategy, U.S. 

Citizenship and Immigration Services, 

U.S. Department of Homeland Security, 

by mail at 5900 Capital Gateway Drive, 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38745 

Camp Springs, MD 20746, or by phone 

at 800–375–5283. 

ADDRESSES: For further information on 

TPS, including guidance on the 

registration and re-registration process 

and additional information on 

eligibility, please visit the USCIS TPS 

web page at http://www.uscis.gov/tps. 

You can find specific information about 

this extension of Somalia’s TPS 

designation by selecting ‘‘Somalia’’ from 

the menu on the left side of the TPS web 

page. 

If you have additional questions about 

TPS, please visit uscis.gov/tools. Our 

online virtual assistant, Emma, can 

answer many of your questions and 

point you to additional information on 

our website. If you are unable to find 

your answers there, you may also call 

our USCIS Contact Center at 800–375– 

5283 (TTY 800–767–1833). 

Applicants seeking information about 

the status of their individual cases may 

check Case Status Online, available on 

the USCIS website at http://

www.uscis.gov, or visit the USCIS 

Contact Center at uscis.gov/ 

contactcenter. 

Further information will also be 

available at local USCIS offices upon 

publication of this notice. 

SUPPLEMENTARY INFORMATION: In general, 

individuals must be given an initial 

registration period of no less than 180 

days to register for TPS, but the 

Secretary has discretion to provide for a 

longer registration period. See 8 U.S.C. 

1254a(c)(1)(A)(iv). Historically, the 

length of the initial registration period 

has varied. Compare 66 FR 14214 

(March 9, 2001) (18 months initial 

registration period for applicants under 

TPS designation for El Salvador) with 80 

FR 36346 (June 24, 2015) (180-day 

initial registration period for applicants 

under TPS designation for Nepal). In 

recent years this period has generally 

been limited to the statutory minimum 

of 180 days, although later extensions of 

the initial registration period have also 

been announced for some countries. 

See, e.g., 81 FR 4051 (Jan. 25, 2016) 

(setting 180-day initial registration 

period during extension and 

redesignation of South Sudan for TPS); 

78 FR 1866 (Jan. 9, 2013) (setting 180- 

day initial registration period during 

extension and redesignation of Sudan 

for TPS); but see 75 FR 39957 (July 13, 

2010) (extension of previously 

announced initial 180-day registration 

period for Haiti TPS applicants to allow 

more time for individuals to apply). 

After evaluating whether to limit the 

initial registration period for TPS under 

this new designation of Somalia to the 

statutory minimum of 180 days, DHS 

has determined that it will provide the 

full 18 months of this designation for 

applicants to file their initial 

registration Form I–821 and, if desired, 

Form I–765 to obtain employment 

authorization documentation. Limiting 

the initial registration period to 180- 

days may place a burden on applicants 

who may be otherwise eligible for TPS. 

In addition, permitting registration 

throughout the entirety of the 

designation period could reduce the 

operational burden on USCIS, as 

incoming applications may be spread 

out over a longer period of time. This 

extended registration period is both in 

keeping with the humanitarian purpose 

of TPS and will better advance the goal 

of ensuring ‘‘the Federal Government 

eliminates sources of fear and other 

barriers that prevent immigrants from 

accessing government services available 

to them.’’ See Executive Order 14012, 

Restoring Faith in Our Legal 

Immigration Systems and Strengthening 

Integration and Inclusion Efforts for 

New Americans, 86 FR 8277. 

Table of Abbreviations 

BIA—Board of Immigration Appeals 

CFR—Code of Federal Regulations 

DHS—U.S. Department of Homeland 

Security 

DOS—U.S. Department of State 

EAD—Employment Authorization Document 

FNC—Final Nonconfirmation 

Form I–765—Application for Employment 

Authorization 

Form I–797—Notice of Action 

Form I–821—Application for Temporary 

Protected Status 

Form I–9—Employment Eligibility 

Verification 

Form I–912—Request for Fee Waiver 

Form I–94—Arrival/Departure Record 

FR—Federal Register 

Government—U.S. Government 

IER—U.S. Department of Justice, Civil Rights 

Division, Immigrant and Employee Rights 

Section 

IJ—Immigration Judge 

INA—Immigration and Nationality Act 

SAVE—USCIS Systematic Alien Verification 

for Entitlements Program 

Secretary—Secretary of Homeland Security 

TNC—Tentative Nonconfirmation 

TPS—Temporary Protected Status 

TTY—Text Telephone 

USCIS—U.S. Citizenship and Immigration 

Services 

U.S.C.—United States Code 

Through this notice, DHS sets forth 

procedures necessary for eligible 

nationals of Somalia (or individuals 

having no nationality who last 

habitually resided in Somalia) to (1) reregister for TPS and to apply for renewal 

of their EADs with USCIS or (2) submit 

an initial registration application under 

the redesignation and apply for an EAD. 

Re-registration is limited to 

individuals who have previously 

registered for TPS under the designation 

of Somalia and whose applications have 

been granted. 

For individuals who have already 

been granted TPS under Somalia’s 

designation, the 60-day re-registration 

period runs from July 22, 2021 through 

September 20, 2021. USCIS will issue 

new EADs with a March 17, 2023 

expiration date to eligible Somali TPS 

beneficiaries who timely re-register and 

apply for EADs. Given the time frames 

involved with processing TPS reregistration applications, DHS 

recognizes that not all re-registrants may 

receive new EADs before their current 

EADs expire on September 17, 2021. 

Accordingly, through this Federal 

Register notice, DHS automatically 

extends the validity of EADs previously 

issued under the TPS designation of 

Somalia for 180 days, through March 16, 

2022. Therefore, TPS beneficiaries can 

show their EADs with: (1) A September 

17, 2021, expiration date on the face of 

the card and (2) an A–12 or C–19 

category code, as proof of continued 

employment authorization through 

March 16, 2022. This notice explains 

how TPS beneficiaries and their 

employers may determine which EADs 

are automatically extended and how 

this affects the Form I–9, Employment 

Eligibility Verification, E-Verify, and 

USCIS Systematic Alien Verification for 

Entitlements (SAVE) processes. 

Individuals who have a Somalia TPS 

application (Form I–821) and/or 

Application for Employment 

Authorization (Form I–765) that was 

still pending as of July 22, 2021 do not 

need to file either application again. If 

USCIS approves an individual’s Form I– 

821, USCIS will grant the individual 

TPS through March 17, 2023. Similarly, 

if USCIS approves a pending TPSrelated Form I–765, USCIS will issue 

the individual a new EAD that will be 

valid through the same date. There are 

currently approximately 447 

beneficiaries under Somalia’s TPS 

designation. 

Under the redesignation, individuals 

who currently do not have TPS may 

submit an initial application during the 

initial registration period that runs from 

July 22, 2021 and runs through the full 

length of the redesignation period 

ending March 17, 2023. In addition to 

demonstrating continuous residence in 

the United States since July 19, 2021 

and meeting other eligibility criteria, 

initial applicants for TPS under this 

redesignation must demonstrate that 

they have been continuously physically 

present in the United States since 

September 18, 2021, the effective date of 

this redesignation of Somalia, before 

USCIS may grant them TPS. The DHS 


lotter on DSK11XQN23PROD with NOTICES1
38746 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

1As of March 1, 2003, in accordance with section 

1517 of title XV of the Homeland Security Act of 

2002, Public Law 107–296, 116 Stat. 2135, any 

reference to the Attorney General in a provision of 

the INA describing functions transferred from the 

Department of Justice to DHS ‘‘shall be deemed to 

refer to the Secretary’’ of Homeland Security. See 

6 U.S.C. 557 (codifying the Homeland Security Act 

of 2002, tit. XV, section 1517). 

2See INA, section 244(b)(5)(A). This issue of 

judicial review remains the subject of ongoing 

litigation. See, e.g., Ramos v. Wolf, 975 F.3d 872 

(9th Cir. 2020), petition for en banc rehearing filed 

Nov. 30, 2020 (No. 18–16981); Saget v. Trump, 375 

F. Supp. 3d 280 (E.D.N.Y. 2019), appeal pending, 

No. No. 19–1685 (2d Cir.). 

3The extension and redesignation of TPS for 

Somalia is one of several instances in which the 

Secretary and, prior to the establishment of DHS, 

the Attorney General have simultaneously extended 

a country’s TPS designation and redesignated the 

country for TPS. See, e.g., 76 FR 29000 (May 19, 

2011) (extension and redesignation for Haiti); 69 FR 

60168 (Oct. 7, 2004) (extension and redesignation 

for Sudan); 62 FR 16608 (Apr. 7, 1997) (extension 

and redesignation for Liberia). 

Office of Immigration Statistics has 

estimated that approximately 100 

individuals may become newly eligible 

for TPS under the redesignation of 

Somalia. 

What is Temporary Protected Status 

(TPS)? 

• TPS is a temporary immigration 

status granted to eligible nationals of a 

country designated for TPS under the 

INA, or to eligible individuals without 

nationality who last habitually resided 

in the designated country. 

• During the TPS designation period, 

TPS beneficiaries are eligible to remain 

in the United States, may not be 

removed, and are authorized to obtain 

EADs so long as they continue to meet 

the requirements of TPS. 

• TPS beneficiaries may also apply 

for and be granted travel authorization 

as a matter of discretion. Upon return 

from such authorized travel, TPS 

beneficiaries retain the same 

immigration status they had prior to the 

travel. 

• 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 

country’s TPS designation, beneficiaries 

return to one of the following: 

Æ The same immigration status or 

category that they maintained before 

TPS, if any (unless that status or 

category has since expired or been 

terminated); or 

Æ Any other lawfully obtained 

immigration status or category they 

received while registered for TPS, as 

long as it is still valid beyond the date 

TPS terminates. 

When was Somalia designated for TPS? 

Somalia was initially designated on 

September 16, 1991, on the basis of 

extraordinary and temporary conditions 

in Somalia that prevented nationals of 

Somalia from safely returning. See 

Designation of Nationals of Somalia for 

Temporary Protected Status, 56 FR 

46804 (Sept. 16, 1991). Somalia’s 

designation for TPS has been 

consecutively extended by multiple 

administrations since its initial 

designation in 1991. Additionally, 

Somalia was redesignated for TPS in 

2001, based on extraordinary and 

temporary conditions. See Extension 

and Redesignation of Somalia under 

Temporary Protected Status Program, 66 

FR 46288 (Sept. 4, 2001). In 2012, 

Somalia was again redesignated for TPS 

on the basis of extraordinary and 

temporary conditions and under the 

separate basis of ongoing armed conflict. 

See Extension and Redesignation of 

Somalia for Temporary Protected 

Status, 77 FR 25723 (May 1, 2012). 

Somalia’s 2012 TPS designation was 

subsequently extended in 2013, 2015, 

2017, 2018, and most recently in 2020 

for 18 months based on ongoing armed 

conflict and extraordinary and 

temporary conditions. See Extension of 

the Designation of Somalia for 

Temporary Protected Status, 85 FR 

14229 (March 11, 2020). 

What authority does the Secretary have 

to extend the designation of Somalia for 

TPS? 

Section 244(b)(1) of the INA, 8 U.S.C. 

1254a(b)(1), authorizes the Secretary, 

after consultation with appropriate 

agencies of the U.S. Government 

(Government), to designate a foreign 

state (or part thereof) for TPS if the 

Secretary determines that certain 

country conditions exist.1 The decision 

to designate any foreign state (or part 

thereof) is a discretionary decision, and 

the TPS statute states there is no judicial 

review of any determination with 

respect to the designation, extension, or 

termination of a designation.2 The 

Secretary, in his or her discretion, may 

then grant TPS to eligible nationals of 

that foreign state (or individuals having 

no nationality who last habitually 

resided in the designated country). See 

INA section 244(a)(1)(A), 8 U.S.C. 

1254a(a)(1)(A). 

At least 60 days before the expiration 

of a country’s TPS designation or 

extension, the Secretary, after 

consultation with appropriate 

Government agencies, must review the 

conditions in the foreign state 

designated for TPS to determine 

whether the conditions for the TPS 

designation continue to be met. See INA 

section 244(b)(3)(A), 8 U.S.C. 

1254a(b)(3)(A). If the Secretary does not 

determine that the foreign state no 

longer meets the conditions for TPS 

designation, the designation will be 

extended for an additional period of 6 

months or, in the Secretary’s discretion, 

12 or 18 months. See INA section 

244(b)(3)(A), (C), 8 U.S.C. 

1254a(b)(3)(A), (C). If the Secretary 

determines that the foreign state no 

longer meets the conditions for TPS 

designation, the Secretary must 

terminate the designation. See INA 

section 244(b)(3)(B), 8 U.S.C. 

1254a(b)(3)(B). 

What is the Secretary’s authority to 

redesignate Somalia for TPS? 

In addition to extending an existing 

TPS designation, the Secretary, after 

consultation with appropriate 

Government agencies, may redesignate a 

country (or part thereof) for TPS. See 

section 244(b)(1) of the Act, 8 U.S.C. 

1254a(b)(1); see also section 

244(c)(1)(A)(i) of the Act, 8 U.S.C. 

1254a(c)(1)(A)(i) (requiring that ‘‘the 

alien has been continuously physically 

present since the effective date of the 

most recent designation of the state’’) 

(emphasis added).3

When the Secretary designates or 

redesignates a country for TPS, the 

Secretary also has the discretion to 

establish the date from which initial 

TPS applicants must demonstrate that 

they have been ‘‘continuously 

resid[ing]’’ in the United States. See 

section 244(c)(1)(A)(ii) of the Act, 8 

U.S.C. 1254a(c)(1)(A)(ii). The Secretary 

has determined that the ‘‘continuous 

residence’’ date for applicants for TPS 

under the redesignation of Somalia shall 

be July 19, 2021. Initial applicants for 

TPS under this redesignation must also 

show they have been ‘‘continuously 

physically present’’ in the United States 

since September 18, 2021, which is the 

effective date of the Secretary’s 

redesignation, of Somalia. See section 

244(c)(1)(A)(i) of the Act, 8 U.S.C. 

1254a(c)(1)(A)(i). For each initial TPS 

application filed under the 

redesignation, the final determination of 

whether the applicant has met the 

‘‘continuous physical presence’’ 

requirement cannot be made until 

September 18, 2021. USCIS, however, 

will issue employment authorization 

documentation, as appropriate, during 

the registration period in accordance 

with 8 CFR 244.5(b). 

Why is the Secretary extending the TPS 

designation for Somalia and 

simultaneously redesignating Somalia 

for TPS through March 17, 2023? 

DHS has reviewed country conditions 

in Somalia. Based on the review, 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38747 

4Humanitarian Response Plan Somalia, The UN 

Office for the Coordination of Humanitarian Affairs, 

February 2021, pg. 7. 

5Somalia Key Figures, The UN Office for the 

Coordination of Humanitarian Affairs, https://

m.reliefweb.int/country/216/som?figuresdisplay=all (last visited May 5, 2021). 

6Humanitarian Response Plan Somalia, The UN 

Office for the Coordination of Humanitarian Affairs, 

February 2021, pg. 5; 2020 Country Reports on 

Human Rights Practices: Somalia, U.S. Department 

of State, April 7, 2021, pg. 15. 

7Felbab-Brown, Vanda, The Problem with 

Militias in Somalia, United Nations Center for 

Policy Research, 2020 pg. 120. 

8Situation in Somalia Report of the SecretaryGeneral (November 2020–February 2021), UN 

Security Council, February 17, 2021 pg. 3. 

9Situation in Somalia Report of the SecretaryGeneral (November 2020–February 2021), UN 

Security Council, February 17, 2021, pg.4. 

10Puntland is a region in the north-east part of 

Somalia that declared itself as an autonomous state 

in August 1998. Puntland Profile, BBC News, last 

updated on March 11, 2019. 

11Somaliland declared independence from 

Somalia in 1991. While not internationally 

recognized as an independent state, Somaliland has 

a political system, government institutions, a police 

force, and its own currency. Somaliland Profile, 

BBC News, last updated on December 14, 2017; 

Felbab-Brown, Vanda, The Problem with Militias in 

Somalia, United Nations Center for Policy Research, 

2020, pg. 12. 

12 Information on Somali clans and sub-clan 

divisions is available in the Genealogical Table of 

Somali Clans, UNHCR, March 15, 2004. 

13Humanitarian Response Plan Somalia, The UN 

Office for the Coordination of Humanitarian Affairs, 

February 2021, pg.13. 

14 2020 Country Reports on Human Rights 

Practices: Somalia, U.S. Department of State, April 

7, 2021, pg. 4. 

15 2020 Country Reports on Human Rights 

Practices: Somalia, U.S. Department of State, April 

7, 2021, pg. 5. 

16Humanitarian Response Plan Somalia, The UN 

Office for the Coordination of Humanitarian Affairs, 

February 2021, pg. 12–13. 

17 Internally displaced persons (IDPs) are 

generally most affected by forced evictions in 

Mogadishu, Somalia’s capital. Generally, these 

IDPs—fleeing from insecurity and natural disasters 

in rural areas—establish temporary settlements in 

abandoned areas in Mogadishu, where they pay rent 

to ‘‘gatekeepers’’—the de facto managers of these 

informal settlements. These evictions are linked to 

rising land and property values, and clan power 

dynamics among one of the most powerful clans— 

the Hawiye clan in the Mogadishu area. The 

combination of these factors has led to forced 

evictions of IDPs, usually with force and without 

any prior notice. UnSettlement: Urban 

displacement in the 21st century, Internal 

Displacement Monitoring Centre, November 2018, 

pg. 5–7. 

18Somalia 2020, Amnesty International, 2021. 

19Somalia 2020, Amnesty International, 2021. 

20 2020 Country Reports on Human Rights 

Practices: Somalia, U.S. Department of State, April 

7, 2021, pg. 30–31. 

21 2020 Country Reports on Human Rights 

Practices: Somalia, U.S. Department of State, April 

7, 2021, pg. 30–31. 

22 2020 Country Reports on Human Rights 

Practices: Somalia, U.S. Department of State, April 

7, 2021, pg. 14. 

23Situation in Somalia Report of the SecretaryGeneral (November 2020–February 2021), UN 

Security Council, February 17, 2021, pg. 10. 

24 2020 Country Reports on Human Rights 

Practices: Somalia, U.S. Department of State, April 

7, 2021, pg. 5. 

25Somalia Word Report: Events of 2020, Human 

Rights Watch, 2021. 

26Situation in Somalia Report of the SecretaryGeneral (November 2020–February 2021), UN 

Security Council, February 17, 2021, pg. 9–10. 

27Situation in Somalia Report of the SecretaryGeneral (November 2020–February 2021), UN 

Security Council, February 17, 2021, pg. 9–10. 

28Situation in Somalia Report of the SecretaryGeneral (November 2020–February 2021), UN 

Security Council, February 17, 2021, pg. 9–10. 

including input received from DOS, the 

Secretary has determined that an 18- 

month extension is warranted because 

the ongoing armed conflict and 

extraordinary and temporary conditions 

supporting Somalia’s 2012 TPS 

redesignation persist. The Secretary has 

further determined that the conditions 

support redesignating Somalia for TPS 

under section 244(b)(1)(A) and (C) of the 

Act and is changing the ‘‘continuous 

residence’’ and ‘‘continuous physical 

presence’’ dates that applicants must 

meet to be eligible for TPS. 

The ongoing armed conflict in 

Somalia, along with natural disasters 

and contagious disease outbreaks, have 

worsened an already severe 

humanitarian crisis. Since DHS last 

extended TPS for Somalia, a dramatic 

upsurge in violence, severe drought, 

flooding, and the spread of desert 

locusts have contributed to worsening 

food insecurity and internal 

displacement.4 Moreover, an outbreak of 

cholera in conjunction with the COVID– 

19 pandemic presented major 

challenges for a healthcare system that 

had already been severely weakened by 

ongoing conflict. These conditions have 

left a large portion of the population in 

need of humanitarian assistance.5

Numerous factors impede the delivery 

of humanitarian aid, including difficulty 

accessing areas affected by climaterelated disasters, general insecurity, and 

most notably threats to aid workers and 

restrictions on the presence and work of 

humanitarian agencies. 6

The insurgent group Al-Shabaab 

continues to present a significant risk. 

Becoming bolder since early 2019, AlShabaab regularly attacks major towns 

and conducts deadly attacks on civilian 

and military targets alike.7 The 

organization continues to maintain its 

capability to infiltrate Mogadishu and 

carry out high-profile attacks.8 The 

group conducted a monthly average of 

140 attacks between November 2020 

and February 2021.9 The group 

continues to maintain a stronghold in 

the southern parts of Somalia, such as 

the Lower Juba and Lower Shabelle 

regions, and also retains operational 

military capacity in the northern federal 

member states of Puntland 10 and 

Somaliland.11

Interclan 12 conflicts remain a major 

concern, particularly in Hiiraan, 

Galmudug, Lower Shabelle, and Middle 

Shabelle regions in southern and central 

Somalia, and in the Sool region, 

bordering Puntland and Somaliland.13

Beginning in April 2020 and throughout 

the year, the area around Wanlaweyn in 

Lower Shabelle region saw fierce 

interclan fighting between clan 

militias.14 Civilians continue to bear the 

brunt of the ongoing interclan 

violence.15 This violence led to the 

destruction of property and livelihoods, 

including via land grabbing; limited free 

movement and access to humanitarian 

assistance; and taxation of communities 

(including through forced child 

recruitment).16

Security forces and private 

landowners continued to forcibly 

evict 17 internally displaced persons 

(IDPs).18 In September of 2020, 100,000 

IDPs reportedly were evicted from their 

temporary homes through that point in 

the year.19

Women and girls in Somalia face high 

rates of gender-based violence, and IDPs 

are disproportionately impacted.20 This 

includes abductions, female genital 

mutilation/cutting (FGM/C), and early 

and forced marriage, as well as reported 

incidents of rape and gang rape by state 

agents, militias associated with clans, 

and unidentified armed men.21 AlShabaab also committed gender-based 

violence,22 including forced marriages 

in areas under its control.23 There are 

also reports of rape and sexual 

exploitation and abuse by government 

forces, including by the Somali National 

Army (SNA) and the African Union 

Mission in Somalia (AMISOM) forces.24

All parties to the conflict in Somalia 

continued to commit serious abuses 

against children, including those 

involving killings, maiming, and 

recruitment and use of child soldiers.25

Between November 2020 and February 

2021, some 1,112 children (924 boys 

and 188 girls) were affected by serious 

abuses.26 During this period, 395 

children were abducted, 254 children 

were killed or maimed, 375 children 

were recruited and used as child 

soldiers, and 88 girls were victims of 

rape and other forms of sexual 

violence.27 Al-Shabaab was responsible 

for most of these abuses.28 Al-Shabaab 

also continued to recruit and use 

children to directly participate in 

hostilities, and used them in suicide 

attacks and, at times, as human shields 


lotter on DSK11XQN23PROD with NOTICES1
38748 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

29 2020 Country Reports on Human Rights 

Practices: Somalia, U.S. Department of State, April 

7, 2021, pg. 14. 

30 2020 Country Reports on Human Rights 

Practices: Somalia, U.S. Department of State, April 

7, 2021, pg. 14. 

31Somalia: Drought Conditions Update, The UN 

Office for the Coordination of Humanitarian Affairs, 

April 26, 2021. 

32Somalia Drought Update, Food and Agriculture 

Organization of the United Nations, April 22, 2021, 

pg. 1. 

33Somalia Drought Update, Food and Agriculture 

Organization of the United Nations, April 22, 2021, 

pg. 1. 

34Fact Sheet #2: Somalia-Complex Emergency, 

U.S. Agency for International Development, April 

28, 2021, pg. 2. 

35Fact Sheet #2: Somalia-Complex Emergency, 

U.S. Agency for International Development, April 

28, 2021, pg. 2. 

36Hundreds of thousands of people affected by 

floods in central Somalia, MSF, November 5, 2019. 

37Humanitarian Response Plan Somalia, The UN 

Office for the Coordination of Humanitarian Affairs, 

February 2021, pg. 11. 

38Humanitarian Response Plan Somalia, The UN 

Office for the Coordination of Humanitarian Affairs, 

February 2021, pg. 12. 

39Situation in Somalia Report of the SecretaryGeneral (November 2020–February 2021), UN 

Security Council, February 17, 2021 pg. 10. 

40Situation in Somalia—Report of the SecretaryGeneral (S/2020/121), UN Security Council, 

February 13, 2020, pg. 11. 

41Humanitarian Response Plan Somalia, The UN 

Office for the Coordination of Humanitarian Affairs, 

February 2021, pg. 12. 

42FAO–WFP early warning analysis of acute food 

insecurity hotspots: October 2020, Food and 

Agriculture Organization of the United Nations and 

the World Food Programme, Nov. 2020, pg. 6. 

43FAO–WFP early warning analysis of acute food 

insecurity hotspots: October 2020, Food and 

Agriculture Organization of the United Nations and 

the World Food Programme, Nov. 2020, pg. 13. 

44Up to 2.7 million in Somalia face acute food 

insecurity Crisis (IPC Phase 3) or worse outcomes 

through mid-2021, Food Security and Nutrition 

Analysis Unit, February 4, 2021. 

45Fact Sheet #2: Somalia-Complex Emergency, 

U.S. Agency for International Development, April 

28, 2021, pg. 1. 

46 2021 Somalia Humanitarian Needs Overview, 

The UN Office for the Coordination of 

Humanitarian Affairs pg. 7. 

47COVID–19, locusts, flooding: WHO and triple 

threat in Somalia, World Health Organization, June 

23, 2020. 

48COVID–19, locusts, flooding: WHO and triple 

threat in Somalia, World Health Organization, June 

23, 2020. 

49COVID–19, locusts, flooding: WHO and triple 

threat in Somalia, World Health Organization, June 

23, 2020. 

50COVID–19, locusts, flooding: WHO and triple 

threat in Somalia, World Health Organization, June 

23, 2020. 

51Outbreak update—Cholera in Somalia, World 

Health Organization, March 23, 2021. 

52Outbreak update—Cholera in Somalia, World 

Health Organization, December 27, 2020. 

53Outbreak update—Cholera in Somalia, World 

Health Organization, March 23, 2021. 

54Humanitarian Response Plan Somalia, The UN 

Office for the Coordination of Humanitarian Affairs, 

February 2021, pg. 5. 

55Humanitarian Response Plan Somalia, The UN 

Office for the Coordination of Humanitarian Affairs, 

February 2021, pg. 5. 

56From data to development: Poverty and policy 

in Somalia, World Bank Blogs, December 09, 2019. 

57The International Monetary Fund and the 

World Bank determined that Somalia had taken the 

necessary steps to begin receiving debt relief. For 

additional details on these requirements, please see 

Somalia to Receive Debt Relief under the Enhanced 

HIPC Initiative, World Bank, March 25, 2020. 

for other fighters.29 Al-Shabaab’s 

recruitment practices included raiding 

schools, madrassas, and mosques, and 

harassing and coercing clan elders to 

recruit children.30

In April 2021, the UN Office for the 

Coordination of Humanitarian Affairs 

(UNOCHA) reported that ‘‘80 percent of 

the country is experiencing drought 

conditions,’’ 31 with drought affecting 

the three main regions of Somalia— 

South/Central, Puntland and 

Somaliland.32 Below average rainfall 

from October to December 2020, 

followed by harsher and unusually 

warm temperatures in January to March 

2021, worsened drought conditions 

across the country in March and April 

2021.33 Ongoing water shortages linked 

to drought are driving steep water price 

increases in many regions, and a 

growing number of people rely on 

expensive water delivered by trucks to 

meet their basic needs, contributing to 

worsening humanitarian conditions.34

As of April 2021, more than 116,000 

people have been displaced due to 

drought and resultant water scarcity.35

Somalia has also experienced ongoing 

problems related to flooding. In October 

2019, heavy rains displaced close to 

270,000 people; the worst affected 

region was in Hiiraan, in central 

Somalia.36 In 2020, ongoing flooding 

events displaced 919,000 people and 

destroyed infrastructure, property and 

144,000 hectares of agricultural fields.37

In December 2020, locust swarms 

began forming in central regions of 

Somalia,38 spreading to southern and 

northern regions in early 2021 and 

affecting close to 300,000 hectares of 

land and 700,000 people.39 On February 

2, 2020, the Somali government 

declared a national state of emergency 

due to the impact of the locusts.40

UNOCHA reported in February 2021 

that Somalia experienced its worst 

desert locust upsurge in 25 years, 

damaging tens of thousands of hectares 

of cropland and pasture with potentially 

severe consequences for agriculture and 

pastoral-based livelihoods.41

In an October 2020 report, the Food 

and Agriculture Organization of the 

United Nations (FAO) and the World 

Food Programme (WFP) identified 

Somalia as one of 20 ‘‘acute food 

insecurity hotspots,’’ 42 and noted that 

Somalia is facing ‘‘high levels of acute 

food insecurity.’’ 43 The Food Security 

Nutrition Analysis Unit (FSNAU) for 

Somalia assessed that the ‘‘drivers of 

acute food insecurity in Somalia 

included the compounding effects of 

poor and erratic rainfall distribution, 

flooding, Desert Locust infestation, 

socioeconomic impacts of COVID–19, 

and conflict.’’ 44 As of March 2021, an 

estimated 2.7 million people are facing 

acute food insecurity.45 Moreover, in 

March 2021, UNOCHA also reported 

that in 2020, children constitute over 

60% of those in need in Somalia, and 

malnutrition rates among children 

remain among the worst in the world.46

COVID–19 has directly impacted 

Somalia’s health care system, which is 

limited.47 In June 2020, the World 

Health Organization (WHO) assessed 

that Somalia’s health system, decimated 

by decades of civil war, ranked 194 out 

of 195 on the Global Health Security 

Index.48 While the global standard for 

healthcare workers is 25 per 100,000 

people, Somalia has only 2 healthcare 

workers per 100,000 people.49 With 

only 15 ICU beds for a population of 

more than 15 million, it is listed among 

the least-prepared countries in the 

world to detect and report epidemics, or 

to execute a rapid response that might 

mitigate further spread of disease.50

Somalia has also been experiencing a 

cholera outbreak since December 2017, 

following floods that affected areas near 

the Jubba and Shabelle rivers in 

southern and central Somalia.51

According to WHO, in 2020 Somalia 

had 6,589 suspected cases of cholera 

and 33 reported deaths.52 In April 2020, 

flash floods caused by heavy rains led 

to the contamination of water sources, 

thus causing an increase in the number 

of cholera cases.53

Humanitarian organizations operating 

in Somalia face heightened challenges, 

as security constraints continued to 

hinder the delivery of humanitarian 

assistance.54 UNOCHA reported that in 

2020, ‘‘a staggering 255 incidents 

occurred impacting humanitarian 

operations, in which 15 humanitarian 

workers were killed, compared to 151 

incidents in 2019.’’ 55

In December 2019, the World Bank 

reported that ‘‘[d]ecades of civil war and 

political fragmentation have made 

Somalia one of the poorest countries in 

Sub-Saharan Africa. Nearly seven of 10 

Somalis live in poverty, the sixthhighest rate in the region.’’ 56 While the 

World Bank stated in March 2020 that 

‘‘Somalia reached a key economic 

milestone in obtaining debt relief,’’ 57

the African Development Bank assessed 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38749 

58Somalia Economic Outlook, African 

Development Bank (last visited on May 7, 2021). 

that Somalia’s economy was also 

affected by ‘‘reduced foreign direct 

investment, as investors shied away 

during contentious elections that were 

postponed, a shrinkage in remittances 

because of the global recession, and 

bans on livestock exports by the Gulf 

countries.’’ 58

Based upon this review and after 

consultation with appropriate U.S. 

Government agencies, the Secretary has 

determined that: 

• The conditions supporting 

Somalia’s designation for TPS continue 

to be met. See INA section 244(b)(3)(A) 

and (C), 8 U.S.C. 1254a(b)(3)(A) and (C). 

• There continues to be an ongoing 

armed conflict in Somalia and, due to 

such conflict and the accompanying 

humanitarian crisis that has been 

worsened by, among other things, the 

COVID–19 pandemic, requiring the 

return to Somalia of Somali nationals 

(or individuals having no nationality 

who last habitually resided in Somalia) 

would pose a serious threat to their 

personal safety. See INA section 

244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A). 

• There continue to be extraordinary 

and temporary conditions in Somalia 

that prevent Somali nationals (or 

individuals having no nationality who 

last habitually resided in Somalia) from 

returning to Somalia in safety, and it is 

not contrary to the national interest of 

the United States to permit Somali TPS 

beneficiaries to remain in the United 

States temporarily. See INA section 

244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). 

• The designation of Somalia for TPS 

should be extended for an 18-month 

period, from September 18, 2021, 

through March 17, 2023. See INA 

section 244(b)(3)(C), 8 U.S.C. 

1254a(b)(3)(C). 

• Due to the conditions described 

above, Somalia should be 

simultaneously redesignated for TPS 

effective September 18, 2021, through 

March 17, 2023. See section 244(b)(1)(A) 

and (C) and (b)(2) of the Act, 8 U.S.C. 

1254a(b)(1)(A) and (C) and (b)(2). 

• For the redesignation, the Secretary 

has determined that initial TPS 

applicants must demonstrate that they 

have continuously resided in the United 

States since July 19, 2021. 

• Initial TPS applicants under the 

redesignation must demonstrate that 

they have been continuously physically 

present in the United States since 

September 18, 2021, the effective date of 

the redesignation of Somalia for TPS. 

• There are approximately 447 

current Somalia TPS beneficiaries who 

are expected to be eligible to re-register 

for TPS under the extension. 

• It is estimated that approximately 

100 additional individuals may be 

eligible for TPS under the redesignation 

of Somalia. This population includes 

Somali nationals in the United States in 

nonimmigrant status or without 

immigration status. 

Notice of Extension of the TPS 

Designation and Redesignation of 

Somalia for TPS 

By the authority vested in me as 

Secretary under INA section 244, 8 

U.S.C. 1254a, I have determined, after 

consultation with the appropriate 

Government agencies, the conditions 

supporting Somalia’s designation for 

TPS continue to be met. See INA section 

244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On 

the basis of this determination, I am 

simultaneously extending the existing 

designation of TPS for Somalia for 18 

months, from September 18, 2021, 

through March 17, 2023, and 

redesignating Somalia for TPS for the 

same 18-month period. See INA section 

244(b)(1)(A), (b)(1)(C) and (b)(2); 8 

U.S.C. 1254a(b)(1)(A), (b)(1)(C), and 

(b)(2). 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

Required Application Forms and 

Application Fees To Register or ReRegister for TPS 

To register or re-register for TPS based 

on the designation of Somalia, you must 

submit an Application for Temporary 

Protected Status (Form I–821). If you are 

filing an initial application, you must 

pay the fee for the Form I–821. If you 

can demonstrate an inability to pay the 

fee, you may request a fee waiver by 

submitting a Request for a Fee Waiver 

(Form I–912). If you are filing an 

application for re-registration, you do 

not need to pay the fee for the Form I– 

821. There is no Form I–821 fee for reregistration. See 8 CFR 244.17. You may 

be required to pay the biometric services 

fee. If you can demonstrate an inability 

to pay the biometric services fee, you 

may request to have the fee waived. 

Please see additional information under 

the ‘‘Biometric Services Fee’’ section of 

this notice. 

Through this Federal Register notice, 

your existing EAD issued under the TPS 

designation of Somalia with the 

expiration date of September 17, 2021, 

is automatically extended for 180 days, 

through March 16, 2022. If you want to 

obtain a new EAD valid through March 

17, 2023, you must file an Application 

for Employment Authorization (Form I– 

765) and pay the Form I–765 fee (or 

request a fee waiver). If you do not want 

a new EAD, you do not have to file 

Form I–765 and pay the Form I–765 fee. 

If you do not want to request a new EAD 

now, you may also file Form I–765 at a 

later date and pay the fee (or request a 

fee waiver), provided that you still have 

TPS or a pending TPS application. 

However, you are strongly encouraged 

to file your application for a new EAD 

as early as possible to avoid gaps in the 

validity of your employment 

authorization documentation and to 

ensure that you receive your new EAD 

by March 16, 2022. 

If you are applying for initial 

registration and want an EAD, you must 

file and pay the fee for the Form I–765. 

If you do not want to request an EAD 

now, you may also file Form I–765 at a 

later date and pay the fee (or request a 

fee waiver), provided that you still have 

TPS or a pending TPS application. You 

may file the application for a new EAD 

either prior to or after your current EAD 

has expired. 

Everyone must provide their 

employer with documentation showing 

that they have the legal right to work in 

the United States. You do not need to 

have an EAD, but you can obtain one 

and it will prove your legal right to 

work. 

If you have a Form I–821 or Form I– 

765 that was still pending as of July 22, 

2021, then you do not need to file either 

application again. If USCIS approves 

your pending TPS application, USCIS 

will grant you TPS through March 17, 

2023. Similarly, if USCIS approves your 

pending TPS-related Form I–765, it will 

be valid through the same date. 

For more information on the 

application forms and fees for TPS, 

please visit the USCIS TPS web page at 

http://www.uscis.gov/tps. Fees for the 

Form I–821, the Form I–765, and 

biometric services are also described in 

8 CFR 103.7(b)(1)(i). 

Biometric Services Fee 

Biometrics (such as fingerprints) are 

required for all applicants 14 years of 

age and older. Those applicants must 

generally submit a biometric services 

fee. As previously stated, if you can 

demonstrate an inability to pay the 

biometric services fee, you may be able 

to have the fee waived. You can request 

a fee waiver by submitting a Request for 

Fee Waiver (Form I–912). For more 

information on the application forms 

and fees for TPS, please visit the USCIS 

TPS web page at www.uscis.gov/tps. 

USCIS may require you to visit an 

Application Support Center so we can 

capture your biometrics. For additional 

information on the USCIS biometrics 


lotter on DSK11XQN23PROD with NOTICES1
38750 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

screening process, please see the USCIS 

Customer Profile Management Service 

Privacy Impact Assessment, available at 

www.dhs.gov/privacy. 

Refiling a TPS Initial Registration 

Application After Receiving Notice 

That USCIS Did Not Grant the Fee 

Waiver Request 

You should file as soon as possible so 

USCIS can process your application and 

issue any EAD promptly, if you 

requested one. If USCIS denies your fee 

waiver request related to your initial 

TPS application, you must refile your 

Form I–821 for TPS along with the 

required fees no later than March 17, 

2023, to continue seeking initial TPS. If 

USCIS does not grant your fee waiver 

request, you may also refile your Form 

I–765, with fee, either with your Form 

I–821 or at a later time as long as it is 

within the period that Somalia is 

designated for TPS, if you choose. 

Note: An initial applicant for TPS 

must pay the Form I–821 filing fee and 

applicants age 14 or older must also pay 

the biometric services fee, unless USCIS 

grants a fee waiver. However, if you 

decide to wait to request an EAD, you 

do not have to file the Form I–765 or 

pay the associated Form I–765 fee (or 

request a fee waiver) at the time of 

registration. You may wait to seek an 

EAD until after USCIS has approved 

your TPS registration application or at 

any later date you decide you want to 

request an EAD as long as TPS for 

Somalia continues. To register for TPS, 

you only need to file the Form I–821 

with the $50 filing fee and the biometric 

services fee, if applicable (or request a 

fee waiver). 

Refiling a TPS Re-Registration 

Application After Receiving Notice 

That the Fee Waiver Request Was Not 

Granted 

You should file as soon as possible so 

USCIS can process your application and 

issue any EAD promptly, if you 

requested one. Properly filing early will 

also give you time to refile your 

application before the deadline, if 

USCIS does not grant your fee waiver 

request. If you receive a notice that 

USCIS did not grant your fee waiver 

request, and you are unable to refile by 

the re-registration deadline, you may 

still refile your Form I–821 with the 

biometrics fee. USCIS will review this 

situation to determine whether you 

established good cause for late TPS reregistration. However, if possible, we 

urge you to refile within 45 days of the 

date on any USCIS notice that we did 

not grant you a fee waiver. See INA 

section 244(c)(3)(C); 8 U.S.C. 

1254a(c)(3)(C); 8 CFR 244.17(b). For 

more information on good cause for late 

re-registration, visit the USCIS TPS web 

page at http://www.uscis.gov/tps. If 

USCIS does not grant your fee waiver 

request, you may also refile your Form 

I–765 with the fee either with your 

Form I–821 or at a later time, if you 

choose. 

Note: A re-registering TPS beneficiary 

age 14 and older must pay the biometric 

services fee (but not the Form I–821 

filing fee), or request a fee waiver, when 

filing a TPS re-registration application. 

However, if you decide to wait to 

request an EAD, you do not have to file 

the Form I–765 or pay the associated 

Form I–765 fee (or request a fee waiver) 

at the time of re-registration. You may 

wait to seek an EAD until after USCIS 

has approved your TPS re-registration 

application or at any later date you 

decide you want to request an EAD. To 

re-register for TPS, you only need to file 

the Form I–821 with the biometric 

services fee, if applicable (or request a 

fee waiver). 

Mailing Information 

Mail your application for TPS to the 

proper address in Table 1. 

TABLE 1—MAILING ADDRESSES

If you would like to send 

your application by: Then, mail your application to: 

U.S. Postal Service .......... U.S. Citizenship and Immigration Services, Attn: TPS Somalia, P.O. Box 6943, Chicago, IL 60680–6943. 

FedEx, UPS, or DHL ........ U.S. Citizenship and Immigration Services, Attn: TPS Somalia (Box 6943), 131 S Dearborn St., 3rd Floor, Chicago, 

IL 60603–5517. 

If you were granted TPS by an 

Immigration Judge (IJ) or the Board of 

Immigration Appeals (BIA) and you 

wish to request an EAD or are reregistering for the first time following a 

grant of TPS by an IJ or the BIA, please 

mail your application to the appropriate 

mailing address in Table 1. When you 

are re-registering and requesting an EAD 

based on an IJ/BIA grant of TPS, please 

include a copy of the IJ or BIA order 

granting you TPS with your application. 

This will help us to verify your grant of 

TPS and process your application. 

Supporting Documents 

The filing instructions on the Form I– 

821 list all the documents needed to 

establish eligibility for TPS. You may 

also find information on the acceptable 

documentation and other requirements 

for applying or registering for TPS on 

the USCIS website at www.uscis.gov/tps 

under ‘‘Somalia.’’ 

Employment Authorization Document 

(EAD) 

How can I obtain information on the 

status of my TPS application and EAD 

request? 

To get case status information about 

your TPS application, including the 

status of an EAD request, you can check 

Case Status Online at http://

www.uscis.gov, or visit the USCIS 

Contact Center at uscis.gov/ 

contactcenter. If your Form I–765 has 

been pending for more than 90 days, 

and you still need assistance, you may 

ask a question about your case online at 

egov.uscis.gov/e-request/Intro.do or call 

the USCIS Contact Center at 800–375– 

5283 (TTY 800–767–1833). 

Am I eligible to receive an automatic 

180-day extension of my current EAD 

through March 16, 2022, using this 

Federal Register notice? 

Yes. Regardless of your country of 

birth, provided that you currently have 

a Somalia TPS-based EAD with an 

expiration date of September 17, 2021, 

on the face of the card, bearing the 

notation A–12 or C–19 under Category, 

this notice automatically extends your 

EAD through March 16, 2022. Although 

this Federal Register notice 

automatically extends your EAD 

through March 16, 2022, you must reregister timely for TPS in accordance 

with the procedures described in this 

Federal Register notice to maintain your 

TPS and employment authorization. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38751 

When hired, what documentation may I 

show to my employer as evidence of 

employment authorization and identity 

when completing Form I–9? 

You can find the Lists of Acceptable 

Documents on the third page of Form I– 

9 as well as the Acceptable Documents 

web page at https://www.uscis.gov/i-9- 

central/acceptable-documents. 

Employers must complete Form I–9 to 

verify the identity and employment 

authorization of all new employees. 

Within three days of hire, employees 

must present acceptable documents to 

their employers as evidence of identity 

and employment authorization to satisfy 

Form I–9 requirements. 

You may present any document from 

List A (which provides evidence of both 

identity and employment 

authorization), or one document from 

List B (which provides evidence of your 

identity) together with one document 

from List C (which provides evidence of 

employment authorization), or you may 

present an acceptable receipt for List A, 

List B, or List C documents as described 

in the Form I–9 instructions. Employers 

may not reject a document based on a 

future expiration date. You can find 

additional information about Form I–9 

on the I–9 Central web page at http://

www.uscis.gov/I-9Central. 

An EAD is an acceptable document 

under List A. See the section ‘‘How do 

my employer and I complete Form I–9 

using my automatically extended EAD 

for a new job?’’ of this Federal Register 

notice for further information. If your 

EAD has an expiration date of 

September 17, 2021, and states A–12 or 

C–19 under Category, it has been 

extended automatically by virtue of this 

Federal Register notice and you may 

choose to present your EAD to your 

employer as proof of identity and 

employment eligibility for Form I–9 

through March 16, 2022, unless your 

TPS has been withdrawn or your 

request for TPS has been denied. 

What documentation may I present to 

my employer for Form I–9 if I am 

already employed but my current TPSrelated EAD is set to expire? 

Even though we have automatically 

extended your EAD, your employer is 

required by law to ask you about your 

continued employment authorization. 

Your employer may need to re-inspect 

your automatically extended EAD to 

check the Card Expires date and 

Category code if your employer did not 

keep a copy of your EAD when you 

initially presented it. Once your 

employer has reviewed the Card 

Expiration date and Category code, your 

employer should update the EAD 

expiration date in Section 2 of Form I– 

9. See the section ‘‘What updates should 

my current employer make to Form I– 

9 if my EAD has been automatically 

extended?’’ of this Federal Register 

notice for further information. You may 

show this Federal Register notice to 

your employer to explain what to do for 

Form I–9 and to show that USCIS has 

automatically extended your EAD 

through March 16, 2022, but you are not 

required to do so. The last day of the 

automatic EAD extension is March 16, 

2022. Before you start work on March 

17, 2022, your employer is required by 

law to reverify your employment 

authorization in Section 3 of Form I–9. 

By that time, you must present any 

document from List A or any document 

from List C on Form I–9 Lists of 

Acceptable Documents, or an acceptable 

List A or List C receipt described in the 

Form I–9 instructions to reverify 

employment authorization. 

Your employer may not specify which 

List A or List C document you must 

present and cannot reject an acceptable 

receipt. 

Can my employer require that I provide 

any other documentation to prove my 

status, such as proof of my Somali 

citizenship or a Form I–797C showing I 

re-registered for TPS? 

No. When completing Form I–9, 

including reverifying employment 

authorization, employers must accept 

any documentation that appears on the 

Form I–9 Lists of Acceptable Documents 

that reasonably appears to be genuine 

and that relates to you, or an acceptable 

List A, List B, or List C receipt. 

Employers do not need to reverify List 

B identity documents. Therefore, 

employers may not request proof of 

Somali citizenship or proof of reregistration for TPS when completing 

Form I–9 for new hires or reverifying 

the employment authorization of 

current employees. If you present an 

EAD that USCIS has automatically 

extended, employers should accept it as 

a valid List A document so long as the 

EAD reasonably appears to be genuine 

and relates to you. Refer to the Note to 

Employees section of this Federal 

Register notice for important 

information about your rights if your 

employer rejects lawful documentation, 

requires additional documentation, or 

otherwise discriminates against you 

based on your citizenship or 

immigration status, or your national 

origin. 

How do my employer and I complete 

Form I–9 using my automatically 

extended EAD for a new job? 

When using an automatically 

extended EAD to complete Form I–9 for 

a new job before March 17, 2022: 

1. For Section 1, you should: 

a. Check ‘‘An alien authorized to work 

until’’ and enter March 16, 2022, as the 

‘‘expiration date’’; and 

b. Enter your Alien Number/USCIS 

number or A-Number where indicated. 

(Your EAD or other document from DHS 

will have your USCIS number or ANumber printed on it; the USCIS 

number is the same as your A-Number 

without the A prefix.) 

2. For Section 2, employers should: 

a. Determine if the EAD is autoextended by ensuring it is in category 

A–12 or C–19 and has a Card Expires 

date of September 17, 2021; 

b. Write in the document title; 

c. Enter the issuing authority; 

d. Provide the document number; and 

e. Write March 16, 2022, as the 

expiration date. 

Before the start of work on March 17, 

2022, employers must reverify the 

employee’s employment authorization 

in Section 3 of Form I–9. 

What updates should my current 

employer make to Form I–9 if my EAD 

has been automatically extended? 

If you presented a TPS-related EAD 

that was valid when you first started 

your job and USCIS has now 

automatically extended your EAD, your 

employer may need to re-inspect your 

current EAD if they do not have a copy 

of the EAD on file. Your employer 

should determine if your EAD is 

automatically extended by ensuring that 

it contains Category A–12 or C–19 and 

has a Card Expires date of September 

17, 2021, on the front of the card. 

If your employer determines that 

USCIS has automatically extended your 

EAD, your employer should update 

Section 2 of your previously completed 

Form I–9 as follows: 

1. Write EAD EXT and March 16, 

2022, as the last day of the automatic 

extension in the Additional Information 

field; and 

2. Initial and date the correction. 

Note: This is not considered a 

reverification. Employers do not 

complete Section 3 until either the 180- 

day automatic extension has ended, or 

the employee presents a new document 

to show continued employment 

authorization, whichever is sooner. By 

March 17, 2022, when the employee’s 

automatically extended EAD has 

expired, employers are required by law 

to reverify the employee’s employment 

authorization in Section 3. 


lotter on DSK11XQN23PROD with NOTICES1
38752 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

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 EVerify for a new employee by entering 

the number from the Document Number 

field on Form I–9 into the document 

number field in E-Verify. Employers 

should enter March 16, 2022, as the 

expiration date for an EAD that has been 

extended under this Federal Register 

notice. 

If I am an employer enrolled in E-Verify, 

what do I do when I receive a ‘‘Work 

Authorization Documents Expiring’’ 

alert for an automatically extended 

EAD? 

E-Verify automated the verification 

process for TPS-related EADs that are 

automatically extended. If you have 

employees who provided a TPS-related 

EAD when they first started working for 

you, you will receive a ‘‘Work 

Authorization Documents Expiring’’ 

case alert when the auto-extension 

period for this EAD is about to expire. 

Before this employee starts work on 

March 17, 2022, you must reverify their 

employment authorization in Section 3 

of Form I–9. Employers may not use EVerify 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 I-9Central@

uscis.dhs.gov. USCIS accepts calls and 

emails in English and many other 

languages. For questions about avoiding 

discrimination during the employment 

eligibility verification process (Form I– 

9 and E-Verify), employers may call the 

U.S. Department of Justice, Civil Rights 

Division, Immigrant and Employee 

Rights Section (IER) Employer Hotline 

at 800–255–8155 (TTY 800–237–2515). 

IER offers language interpretation in 

numerous languages. Employers may 

also email IER at IER@usdoj.gov. 

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 I-9Central@

uscis.dhs.gov. Calls are accepted in 

English, Spanish, and many other 

languages. Employees or applicants may 

also call the IER Worker Hotline at 800– 

255–7688 (TTY 800–237–2515) for 

information regarding employment 

discrimination based upon citizenship, 

immigration status, or national origin, 

including discrimination related to 

Form I–9 and E-Verify. The IER Worker 

Hotline provides language interpretation 

in numerous languages. 

To comply with the law, employers 

must accept any document or 

combination of documents from the 

Lists of Acceptable Documents if the 

documentation reasonably appears to be 

genuine and to relate to the employee, 

or an acceptable List A, List B, or List 

C receipt as described in the Form I–9 

Instructions. Employers may not require 

extra or additional documentation 

beyond what is required for Form I–9 

completion. Further, employers 

participating in E-Verify who receive an 

E-Verify case result of Tentative 

Nonconfirmation (TNC) must promptly 

inform employees of the TNC and give 

such employees an opportunity to 

contest the TNC. A TNC case result 

means that the information entered into 

E-Verify from an employee’s Form I–9 

differs from Federal or State government 

records. 

Employers may not terminate, 

suspend, delay training, withhold or 

lower pay, or take any adverse action 

against an employee because of the TNC 

while the case is still pending with EVerify. A Final Nonconfirmation (FNC) 

case result is received when E-Verify 

cannot verify an employee’s 

employment eligibility. An employer 

may terminate employment based on a 

case result of FNC. Work-authorized 

employees who receive an FNC may call 

USCIS for assistance at 888–897–7781 

(TTY 877–875–6028). For more 

information about E-Verify-related 

discrimination or to report an employer 

for discrimination in the E-Verify 

process based on citizenship, 

immigration status, or national origin, 

contact IER’s Worker Hotline at 800– 

255–7688 (TTY 800–237–2515). 

Additional information about proper 

nondiscriminatory Form I–9 and EVerify procedures is available on the 

IER website at https://www.justice.gov/ 

ier and on the USCIS and E-Verify 

websites at https://www.uscis.gov/i-9- 

central and https://www.e-verify.gov. 

Note Regarding Federal, State, and 

Local Government Agencies (Such as 

Departments of Motor Vehicles) 

For Federal purposes, TPS 

beneficiaries presenting an 

automatically extended EAD referenced 

in this Federal Register notice do not 

need to show any other document, such 

as an I–797C Notice of Action or this 

Federal Register notice, to prove that 

they qualify for this extension. 

However, while Federal Government 

agencies must follow the guidelines laid 

out by the Federal Government, state 

and local government agencies establish 

their own rules and guidelines when 

granting certain benefits. Each state may 

have different laws, requirements, and 

determinations about what documents 

you need to provide to prove eligibility 

for certain benefits. Whether you are 

applying for a Federal, State, or local 

government benefit, you may need to 

provide the government agency with 

documents that show you are a TPS 

beneficiary, show you are authorized to 

work based on TPS or other status, or 

that may be used by DHS to determine 

whether you have TPS or other 

immigration status. Examples of such 

documents are: 

• Your current EAD; 

• Your Form I–797, Notice of Action, 

reflecting approval of your Form I–765; 

or 

• Your Form I–797, the notice of 

approval, for a past or current Form I– 

821, if you received one from USCIS. 

Check with the government agency 

regarding which document(s) the agency 

will accept. Some benefit-granting 

agencies use USCIS’ Systematic Alien 

Verification for Entitlements (SAVE) 

program to confirm the current 

immigration status of applicants for 

public benefits. While SAVE can verify 

when an individual has TPS, each 

agency’s procedures govern whether 

they will accept an unexpired EAD, 

Form I–797, or Form I–94, Arrival/ 

Departure Record. If an agency accepts 

the type of TPS-related document you 

are presenting, such as an EAD, the 

agency should accept your 

automatically extended EAD. It may 

assist the agency if you: 

a. Present the agency with a copy of 

the relevant Federal Register notice 

showing the extension of TPS-related 

documentation in addition to your 

recent TPS-related document with your 

A-number, USCIS number or Form I–94 

number; 

b. Explain that SAVE will be able to 

verify the continuation of your TPS 

using this information; and 

c. Ask the agency to initiate a SAVE 

query with your information and follow 

through with additional verification 

steps, if necessary, to get a final SAVE 

response verifying your TPS. 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38753 

extension of TPS-related 

documentation. In most cases, SAVE 

provides an automated electronic 

response to benefit-granting agencies 

within seconds, but, occasionally, 

verification can be delayed. You can 

check the status of your SAVE 

verification by using CaseCheck at 

save.uscis.gov/casecheck/. CaseCheck is 

a free service that lets you follow the 

progress of your SAVE verification case 

using your date of birth and one 

immigration identifier number (Anumber, USCIS number or Form I–94 

number) or Verification Case Number. If 

an agency has denied your application 

based solely or in part on a SAVE 

response, the agency must offer you the 

opportunity to appeal the decision in 

accordance with the agency’s 

procedures. If the agency has received 

and acted upon or will act upon a SAVE 

verification and you do not believe the 

SAVE response is correct, the SAVE 

website, www.uscis.gov/save, has 

detailed information on how to make 

corrections or update your immigration 

record, make an appointment, or submit 

a written request to correct records. 

[FR Doc. 2021–15595 Filed 7–21–21; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF THE INTERIOR 

[DT64101000.DSB4A0000.T7AC00.24IA; 

OMB Control Number 1035–0005] 

Agency Information Collection 

Activities; Tribal Trust Evaluations for 

Public Law 93–638 Compact Tribes 

AGENCY: Department of the Interior. 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, we, 

the Bureau of Trust Funds 

Administration (BTFA), are proposing 

to renew an information collection. 

DATES: Interested persons are invited to 

submit comments on or before August 

23, 2021. 

ADDRESSES: Send written comments on 

this information collection request (ICR) 

by mail to Nina Alexander, Bureau of 

Trust Funds Administration, Director of 

Federal Information Resources, 400 

Masthead Street NE, Albuquerque, NM 

87109; or by email to Nina_Alexander@

btfa.gov. Please reference Office of 

Management and Budget (OMB) Control 

Number 1035–0005 in the subject line of 

your comments. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information about 

this ICR, contact Nina Alexander, 

Director, Federal Information Resources, 

Bureau of Trust Funds Administration 

at 4400 Masthead Street, NE, 

Albuquerque, NM 87109; or by email at 

Nina_Alexander@btfa.gov or via 

telephone at 505–273–1620. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 

Reduction Act of 1995 (PRA), we 

provide the general public and other 

federal agencies with an opportunity to 

comment on new, proposed, revised, 

and continuing collections of 

information. This helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. It also helps the 

public understand our information 

collection requirements and provide the 

requested data in the desired format. 

A Federal Register notice (86 FR 

16390) with a 60-day public comment 

period soliciting on this collection of 

information was published on March 

29, 2021. No comments were received in 

response to that notice. 

We are again soliciting comments on 

the proposed ICR that is described 

below. We are especially interested in 

public comment addressing the 

following: (1) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

BTFA, including whether or not the 

information will have practical utility; 

(2) The accuracy of our estimate of the 

burden for this collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) Ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (4) How might the agency 

minimize the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of response. 

Comments that you submit in 

response to this notice are a matter of 

public record. Before including your 

address, phone number, email address, 

or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Abstract: As codified in 25 U.S.C. 

4001 et seq., The American Indian Trust 

Fund Management Reform Act of 1994 

(the Reform Act) makes provisions for 

the Bureau of Trust Funds 

Administration (formerly known as the 

Office of the Special Trustee for 

American Indians) to administer trust 

fund accounts for individuals and 

Tribes. This collection of information is 

required to fulfill the mission of the 

Bureau of Trust Funds Administration 

(BTFA) and the Secretary of the 

Interior’s responsibility for evaluating 

all Public Law 93–638 Compact Tribes 

administering or managing trust 

programs, functions, services, and/or 

activities on behalf of the Secretary of 

the Interior. This responsibility is 

federally mandated pursuant to 25 

U.S.C. 458cc(d) and 25 CFR 1000.350. 

BTFA is responsible under 25 U.S.C. 

4041 for overseeing the implementation 

of trust reforms, trust accounting, and 

coordination of trust policies intrabureau-wide related to the management 

of Indian trust funds and assets. The 

BTFA, Division of Trust Evaluation and 

Review (DTER), formerly the Office of 

Trust Audit and Review (OTRA), is 

responsible for performing tribal trust 

evaluations and trust records 

assessments for Tribes performing 

Indian trust programs and functions. In 

addition, DTER has a congressional 

mandate to conduct Annual Tribal Trust 

Evaluations for Tribes that compact 

trust programs, functions, services, and/ 

or activities under Public Law 93–638 

Self-Governance Compacts on behalf of 

the Secretary of the Interior. This 

authority is contained in 25 U.S.C. 

5363(d)(1) & (2) and the enabling 

regulations in 25 CFR 1000.350. DTER 

currently collects Indian trust data and 

documentation from Tribes in 

fulfillment of performing Tribal trust 

evaluations for compacted Tribes. These 

evaluations are enabled by performing 

desk reviews (via email electronic 

questionnaires), and on-site visits to 

Tribes and federal agencies for the trust 

records assessments (although federal 

agencies are exempt from the provisions 

of the PRA). 

Under 25 CFR 1000.355, the 

Secretary’s designated representative 

will conduct trust evaluations for each 

self-governance Tribe that has an annual 

funding agreement. The end result is the 

issuance of a report, which is required 

by 25 CFR 1000.365. Currently, DTER 

conducts either desk reviews and/or onsite reviews (pre- and post-COVID–19 

pandemic) of trust operations where a 

Tribe has compacted a trust program. 

During that review, under current 

methodology, interviews are conducted 

and documents are requested. A draft 

report is written and provided to the 

Tribe for comment where applicable. 

Comments received back are 


lotter on DSK11XQN23PROD with NOTICES1