Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41863 

1Since its first litigation compliance Federal 

Register notice, DHS has repeatedly emphasized 

and reserved its statutory authority to conduct reregistration of beneficiaries, including those under 

the Haiti TPS designation, whose TPS is presently 

continued under the preliminary injunctions issued 

in Ramos, et al. v. Nielsen, et. al., No. 18–cv–01554 

(N.D. Cal. Oct. 3, 2018) (‘‘Ramos’’), on appeal 975 

F.3d 872 (9th Cir. 2020), petition for en banc 

rehearing filed Nov. 30, 2020 (No. 18–16981); Saget, 

et. al., v. Trump, et. al., No. 18–cv–1599 (E.D.N.Y. 

Apr. 11, 2019) (‘‘Saget’’) appeal filed, No. 19–1685 

(2d Cir.); and Bhattarai v. Nielsen, No. 19–cv–00731 

(N.D. Cal. Mar. 12, 2019) (‘‘Bhattarai’’). See 85 FR 

at 79209–10; 84 FR 59403, 59406(Nov. 4, 2019); 84 

FR 7103, 7105 (March 1, 2019); 84 FR 45764, 

45765–66 (Oct. 31, 2018). See also infra for 

discussion of these lawsuits. 

2 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 month initial 

registration period for applicants under TPS 

designation for El Salvador) with 80 FR 36346 (June 

24, 2015) (180-day initial registration period for 

applicants under TPS designation for Nepal). In 

recent years this period has generally been limited 

to the statutory minimum of 180 days, although 

later extensions of the initial registration period 

have also been announced for some countries. See, 

e.g., 81 FR 4051 (Jan. 25, 2016) (setting 180-day 

initial registration period during extension and 

redesignation of South Sudan for TPS); 78 FR 1866 

(Jan. 9, 2013) (setting 180-day initial registration 

period during extension and redesignation of Sudan 

for TPS); 75 FR 39957 (July 13, 2010) (extension of 

previously announced initial 180-day registration 

period for Haiti TPS applicants to allow more time 

for individuals to apply). After evaluating whether 

to limit the initial registration period for TPS under 

this new designation of Haiti to the statutory 

Continued 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2693–21; DHS Docket No. USCIS– 

2014–0001] 

RIN 1615–ZB70 

Designation of Haiti for Temporary 

Protected Status 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS). 

ACTION: Notice of Temporary Protected 

Status (TPS) designation. 

SUMMARY: Through this Notice, the 

Department of Homeland Security 

(DHS) announces that the Secretary of 

Homeland Security (Secretary) is 

designating Haiti for Temporary 

Protected Status (TPS) for 18 months, 

effective August 3, 2021, through 

February 3, 2023. This designation 

allows eligible Haitian nationals (and 

individuals having no nationality who 

last habitually resided in Haiti) who 

have continuously resided in the United 

States since July 29, 2021, and who have 

been continuously physically present in 

the United States since August 3, 2021 

to apply for TPS. TPS beneficiaries 

whose TPS has been continued 

pursuant to court orders, as described in 

85 FR 79208 (Dec. 9, 2020) should 

newly apply for TPS following the 

instructions in this Notice. 

DATES: Designation of Haiti for TPS: The 

18-month designation of Haiti for TPS is 

effective on August 3, 2021 and will 

remain in effect for 18 months, through 

February 3, 2023. The registration 

period for eligible individuals to submit 

TPS applications begins August 3, 2021, 

and will remain in effect through 

February 3, 2023. 

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, 

Department of Homeland Security, by 

mail at 5900 Capital Gateway Drive, 

Camp Springs, MD 20746, or by phone 

at 800–375–5283. 

ADDRESSES: For further information on 

TPS, including guidance on the 

registration process and additional 

information on eligibility, please visit 

the USCIS TPS web page at uscis.gov/ 

tps. You can find specific information 

about Haiti’s TPS designation by 

selecting ‘‘Haiti’’ 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 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: 

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 (Approval 

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 

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 

Purpose of This Action (TPS) 

Through this Notice, DHS sets forth 

procedures necessary for beneficiaries 

whose TPS has been continued 

pursuant to court orders, as described in 

85 FR 79208 (Dec. 9, 2020), to newly 

apply for TPS.1 This Notice also sets 

forth procedures for other eligible 

nationals of Haiti (or individuals having 

no nationality who last habitually 

resided in Haiti) to submit an initial 

registration application under the 

designation of Haiti for TPS and apply 

for an EAD. Under the designation, 

individuals may submit an initial 

Application for Temporary Protected 

Status (Form I–821), and they may also 

submit an Application for Employment 

Authorization (Form I–765) during the 

registration period that runs from 

August 3, 2021 through February 3, 

2023. Under section 244(b)(1)(C) of the 

Immigration and Nationality Act (INA), 

8 U.S.C. 1254a(b)(1)(C), the Secretary is 

authorized to designate a foreign state 

(or any part thereof) for TPS upon 

finding that extraordinary and 

temporary conditions in the foreign 

state prevent its nationals from 

returning safely, unless permitting the 

foreign state’s nationals to remain 

temporarily in the United States is 

contrary to the national interest of the 

United States. 

In addition to demonstrating 

continuous residence in the United 

States since July 29, 2021, and meeting 

other eligibility criteria, applicants for 

TPS under this designation must 

demonstrate that they have been 

continuously physically present in the 

United States since August 3, 2021, the 

effective date of this designation of 

Haiti, for USCIS to grant them TPS. 

USCIS estimates that approximately 

155,000 individuals are eligible to apply 

for TPS under the designation of Haiti.2


jbell on DSKJLSW7X2PROD with NOTICES
41864 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 

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 are unable to timely 

file but would otherwise be eligible for a grant of 

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 . . . barriers that 

prevent immigrants from accessing government 

services available to them.’’ See Executive Order 

14012, Restoring Faith in Our Legal Immigration 

Systems and Strengthening Integration and 

Inclusion Efforts for New Americans, 86 FR 8277 

(Feb. 5, 2021). 

3See Designation of Haiti for Temporary 

Protected Status, 75 FR 3476 (Jan. 21, 2010). 

4See Extension and Redesignation of Haiti for 

Temporary Protected Status, 76 FR 29000 (May 19, 

2011), 

5See Extension of the Designation of Haiti for 

Temporary Protected Status, 77 FR 59943 (Oct. 1, 

2012), Extension of the Designation of Haiti for 

Temporary Protected Status, 79 FR 11808 (March 3, 

2014); Extension of the Designation of Haiti for 

Temporary Protected Status, 80 FR 51582 (Aug 25, 

2015); Extension of the Designation of Haiti for 

Temporary Protected Status, 82 FR 23830 (May 24, 

2017). 

6See Termination of the Designation of Haiti for 

Temporary Protected Status, 83 FR 2648 (January 

18, 2018). 

7See Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), 

petition for en banc rehearing filed Nov. 30, 2020 

(No. 18–16981)(district court’s preliminary 

injunction against termination of four countries’ 

TPS, including TPS for Haiti remains in effect 

pending 9th Circuit consideration of plaintiffs’ 

request for en banc rehearing of appellate panel 

decision to vacate the district court injunction); 

Saget v. Trump, No. 1:18–cv–1599 (E.D.N.Y.) 

(preliminary injunction against termination of 

Haiti’s TPS), appeal filed, No. 19–1685 (2d Cir.); 

NAACP v. DHS, No. 18–cv–00239 (D. Md.); and 

Centro Presente v. Trump, No. 18–cv–10340 (D. 

Mass). 

8TPS-related documentation includes certain 

Employment Authorization Documents (EADs); 

Notices of Action (Forms I–797); and Arrival/ 

Departure Records (Forms I–94) as described in 

Continuation of Documentation for Beneficiaries of 

Temporary Protected Status Designations for El 

Salvador, Haiti, Nicaragua, Sudan, Honduras, and 

Nepal, 85 FR 79208, (Dec. 9, 2020). If necessary, 

DHS will publish subsequent notices to ensure its 

continued compliance with court orders that may 

remain in effect beyond October 4, 2021. 

9 Id. 

10See e.g., Charles, Jacqueline, ‘‘Haitian 

Journalists Injured as Nation Plunges Deeper into 

Turmoil Amid Constitutional Crisis,’’ Miami 

Herald, Feb. 10, 2021, https://

www.miamiherald.com/news/nation-world/world/ 

americas/haiti/article249163765.html and ‘‘A Cycle 

of Instability’: Haiti’s Constitutional Crisis,’’ CSIS, 

Feb. 8, 2021, https://www.csis.org/analysis/cycleinstability-haitis-constitutional-crisis. 

11 ‘‘Humanitarian Action for Children: Haiti,’’ 

United Nations Children’s Fund (UNICEF), 2021, 

https://www.unicef.org/media/87006/file/2021- 

HAC-Haiti.pdf. 

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. 

• 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. 

• The granting of TPS does not result 

in or lead to lawful permanent resident 

status. 

• 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: 

Æ The same immigration status or 

category that they maintained before 

TPS, if any (unless that status or 

category has since expired or 

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. 

Is Haiti’s previous designation for TPS 

still in effect? 

On January 21, 2010, former Secretary 

of Homeland Security Janet Napolitano 

designated Haiti for TPS under INA 

section 244(b)(1)(C) based on 

extraordinary and temporary conditions 

within the country, specifically the 

effects of the 7.0-magnitude earthquake 

that occurred on January 12, 2010.3 In 

2011, Haiti’s designation was extended, 

and Haiti was also redesignated for TPS 

at the same time, expanding the number 

of Haitians in the United States eligible 

for TPS.4 Haiti’s designation was 

subsequently extended 5 several 

additional times before the termination 

was announced on January 18, 2018.6

The termination of Haiti’s TPS 

designation is being challenged in 

several separate lawsuits, and court 

injunctions currently require DHS to 

continue TPS temporarily for Haiti 

pending further court order.7 There are 

approximately 55,000 beneficiaries 

under the TPS designation for Haiti that 

the courts have continued and whose 

TPS-related documentation is 

automatically extended at least through 

October 4, 2021, in compliance with the 

court orders, unless a beneficiary’s TPS 

is withdrawn for individual 

ineligibility.8 Beneficiaries under the 

TPS designation for Haiti that continues 

under the Ramos and Saget preliminary 

injunctions who maintain individual 

eligibility for TPS will maintain their 

status as long as the injunctions in these 

lawsuits remain in effect and in 

accordance with the compliance notice 

that DHS published on December 9, 

2020, unless superseded by future court 

orders or compliance notices.9 The 

continuation of the 2011 designation of 

Haiti required by the preliminary 

injunctions is not a statutory 

‘‘extension’’ of the designation 

determined by the Secretary as 

described in section 244(b)(3)(C) of the 

INA. Individuals with existing TPS who 

are covered by those injunctions should 

newly apply for TPS under this 

designation. This will help ensure that 

eligible individuals maintain TPS under 

this new designation of Haiti even if the 

injunctions cease to be in effect. An 

estimated additional 100,000 nationals 

of Haiti (and individuals having no 

nationality who last habitually resided 

in Haiti), regardless of their country of 

birth, will become eligible for TPS 

under this new designation, for an 

estimated total of 155,000 individuals 

who could potentially apply or re-apply 

for TPS under the new TPS designation. 

Why was Haiti newly designated for 

TPS? 

DHS and the Department of State 

(DOS) have reviewed conditions in 

Haiti. Based on this review and after 

consulting with DOS, the Secretary has 

determined that an 18-month 

designation is warranted because of 

extraordinary and temporary conditions 

described below. 

Overview 

Haiti is grappling with a deteriorating 

political crisis, violence, and a 

staggering increase in human rights 

abuses.10 Within this context, as noted 

by the United Nations Children’s Fund 

(UNICEF), Haiti faces the challenges of 

‘‘rising food insecurity and 

malnutrition, [. . .] waterborne disease 

epidemics, and high vulnerability to 

natural hazards, all of which have been 

further exacerbated by the coronavirus 

disease 2019 (COVID–19) pandemic.’’ 11

Context 

Haiti is a constitutional republic with 

a multiparty political system. The most 

recent national legislative elections 

were held in November 2016. Jovenel 

Moı ̈se was elected as president for a 

5-year term and took office in February 

2017. Due to political gridlock and the 

failure of parliament to approve an 

elections law and a national budget, 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41865 

12 ‘‘2020 Country Reports on Human Rights 

Practices: Haiti,’’ United States Department of State, 

March 30, 2021, https://www.state.gov/reports/ 

2020-country-reports-on-human-rights-practices/ 

haiti/. 

13 Id. 

14See e.g., Andre Paultre and Sarah Marsh ‘‘The 

battle for democracy goes on in Haiti as Moı ̈se gains 

power,’’ The Christian Science Monitor, March 30, 

2021, https://www.csmonitor.com/World/Americas/ 

2021/0330/The-battle-for-democracy-goes-on-inHaiti-as-Moise-gains-power. 

15Security Council Presidential Statement 

Expresses Deep Concern over Multiple Crises in 

Haiti, Stressing Government’s Primary Duty to 

Tackle Instability, United Nations Security Council 

Press Release, March 24, 2021 

16 ‘‘Readout of a Meeting Between Ambassador 

Linda Thomas-Greenfield and Haiti’s President 

Jovenel Moı ̈se,’’ United States Mission to the United 

Nations, May 24, 2021. 

17Andre Paultre and Sarah Marsh ‘‘The battle for 

democracy goes on in Haiti as Moı ̈se gains power,’’ 

The Christian Science Monitor, March 30, 2021, 

https://www.csmonitor.com/World/Americas/2021/ 

0330/The-battle-for-democracy-goes-on-in-Haiti-asMoise-gains-power. 

18Unrest in Haiti: Their Impact on Human Rights 

and the State’s Obligation to Protect all Citizens, 

United Nations Office of the High Commissioner for 

Human Rights/United National Integrated Office in 

Haiti, Jan. 18, 2021, https://binuh.unmissions.org/ 

en/unrest-haiti-their-impact-human-rights-andstate%E2%80%99s-obligation-protect-all-citizens0. 

19Charles, Jacqueline, ‘‘Haitian Journalists 

Injured as Nation Plunges Deeper into Turmoil 

Amid Constitutional Crisis,’’ Miami Herald, Feb. 10, 

2021, https://www.miamiherald.com/news/nationworld/world/americas/haiti/article249163765.html. 

20Paultre, Andre, ‘‘Haitian Protesters, Police 

Clash After President Moves Against Top Judges,’’ 

Reuters, Feb. 10, 2021, https://www.reuters.com/ 

article/us-haiti-politics/haitian-protesters-policeclash-after-president-moves-against-top-judgesidUSKBN2AA2X6. 

21U.S. Embassy Statement on February 9, 2021, 

U.S. Embassy in Haiti, Feb. 9, 2021, https://

ht.usembassy.gov/u-s-embassy-statement-onfebruary-9-2021/. 

22Statement by the President of the Security 

Council, United Nations Security Council, March 

24, 2021. 

23See e.g., ‘‘4 Police Die in Raid on Haiti Gang 

Stronghold’’, Voice of America, March 13, 2021 

(‘‘Criminal networks exercise total control over 

several poor, densely populated neighborhoods of 

the capital, creating no-go zones where they hold 

kidnap victims.’’) 

24Haiti 2020 Crime and Safety Report, Overseas 

Security Advisory Council (OSAC), U.S. 

Department of State, Apr. 29, 2020, and December 

17, 2020, https://www.osac.gov/Content/Report/ 

09752c66-7cac-47f7-a92e-188fe7af0f75. 

25See https://cardh.org/archives/1519. 

26Haiti—Complex Emergency Fact Sheet #1, 

Fiscal Year 2021, U.S. Agency for International 

Development (USAID), Jan. 19, 2021, https://

reliefweb.int/report/haiti/haiti-complex-emergencyfact-sheet-1-fiscal-year-fy-2021. 

27Statement by the President of the Security 

Council on Haiti, March 24, 2021. 

parliamentary elections scheduled for 

October 2019 did not take place. In 

January 2020, parliament lapsed, 

leaving only 10 senators and no 

deputies remaining in office, and on 

February 7, 2020, President Moı ̈se began 

to rule by decree, without a legislative 

body.12

In March 2020, President Moı ̈se 

appointed Joseph Jouthe as prime 

minister to head a new government. The 

president subsequently reappointed or 

replaced all elected mayors throughout 

the country when their terms ended in 

July 2020. As of November 2020, the 

president was the sole nationally 

elected leader empowered to act, as the 

10 senators remaining in office were 

unable to conduct legislative activities 

due to a lack of quorum.13

President Moı ̈se used executive 

decrees to schedule a vote on a new 

constitution June 27, 2021, and then 

elections for a new president and 

legislature on September 19, 2021. 

However, these moves were met with 

criticism from opposition parties who 

feared that these actions may allow 

President Moı ̈se’s party to retain power 

indefinitely.14 Further, the international 

community has expressed the need to 

address election-related security, 

transparency and logistical issues so 

voting can take place. For example, on 

March 24, 2021, the U.N. Security 

Council underscored the need for Haiti 

to address ‘‘essential security, 

transparency and logistical 

considerations and also reiterated the 

urgent need to hold free, fair, 

transparent and credible legislative 

elections, overdue since October 

2019.’’ 15 On May 24, 2021, U.S. 

Ambassador to the United Nations 

Linda Thomas-Greenfield met with 

President Moı ̈se and conveyed deep 

concern regarding Haiti’s ongoing 

political impasse, a lack of 

accountability for human rights 

violations, and deteriorating security 

conditions. Ambassador ThomasGreenfield noted that to date, 

preparations for the constitutional 

referendum scheduled for June 27, 2021, 

had not been sufficiently transparent or 

inclusive, and reiterated that Haiti must 

hold free, fair, and transparent 

legislative and presidential elections in 

2021.16

Human Rights Violations and Abuses 

President Moı ̈se became increasingly 

authoritarian through reliance on 

executive decrees to accomplish his 

agenda, including the creation of an 

intelligence agency accountable only to 

the president.17 The Human Rights 

Component of the United Nations 

Integrated Office in Haiti and the Office 

of the High Commissioner for Human 

Rights reported a staggering 333% 

increase in the number of human rights 

violations and abuses by law 

enforcement officials and non-state 

actors, respectively, against the rights to 

life and security of person in the period 

between July 2018 and December 

2019.18 The Miami Herald has reported 

‘‘an atmosphere of heightened tension 

between the government and the press,’’ 

citing as an example a February 2021 

attack against journalists who were 

covering protests.19 Also, on February 8, 

2021 Moı ̈se dismissed three Supreme 

Court judges who had been approached 

by the opposition as possible interim 

leaders to replace Moı ̈se and head a 

transitional government.20 In response 

to these events, the U.S. Embassy in 

Haiti issued a statement expressing 

concerns about ‘‘any actions that risk 

damaging Haiti’s democratic 

institutions.’’ 21 On March 24, 2021, the 

United Nations Security Council noted 

‘‘with concern reported violations and 

abuses of international human rights, 

including some involving the alleged 

use of deadly force against protesters 

and reported arbitrary arrests and 

detentions’’ and called on the 

Government to respect the freedoms of 

expression and association. It also 

called on the Inspector General of the 

Haitian National Police to conduct a 

thorough investigation of the reported 

incidents.22

Serious Security Concerns 

Violent criminal gangs pose a growing 

challenge to state authority, including 

de facto control of territory. From 2019– 

2021 a new federation emerged, uniting 

urban criminal gangs that control entire 

neighborhoods in the capital city of 

Port-au-Prince.23 DOS’s Overseas 

Security Advisory Council (OSAC) 

reported in 2020 that gang activity was 

also on the rise outside of Port-auPrince, and noting that the last weeks in 

November 2020 were particularly 

dangerous, with 14 kidnappings 

reported at that time.24 In January 2021, 

a leading Haitian human rights 

organization, the Center for the Analysis 

and Research of Human Rights 

(CARDH), stated in its 2020 annual 

report that over a third of Haiti’s voters 

now live in areas controlled by criminal 

gangs.25 In January of 2021 the U.S. 

Agency for International Development 

(USAID) said, ‘‘Security conditions have 

deteriorated in Port-au-Prince since late 

November [2020] due to an increase in 

kidnappings and political protests.’’ 26

In March 2021, the UN Security 

Council expressed its deep concern 

regarding the protracted political, 

constitutional, humanitarian, and 

security crises in Haiti.27

On April 21, 2021, DOS issued a 

Level 4 Travel Advisory for Haiti, 

advising travelers not to visit Haiti 

because of kidnapping, crime, and civil 


jbell on DSKJLSW7X2PROD with NOTICES
41866 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 

28Haiti Travel Advisory, U.S. Department of 

State, Apr. 21, 2021, https://travel.state.gov/ 

content/travel/en/traveladvisories/traveladvisories/ 

haiti-travel-advisory.html. 

29Sanon, Evens, and Coto, Da ́nica, ‘‘Surge in 

violence rattles Haiti as poverty, fear deepens,’’ The 

Associated Press, Apr. 16, 2021, https://

apnews.com/article/port-au-prince-kidnappingviolence-poverty-haiti06ba2725c9639a532a69ac3c6645d916. 

30Tim Padgett, ‘‘Haitian Prime Minister Resigns 

As Economic And Public Security Collapse 

Deepens,’’ Miami NPR affiliate WLRN, April 14, 

2021, https://www.wlrn.org/news/2021-04-14/ 

haitian-prime-minister-resigns-as-economic-andpublic-security-collapse-deepens. 

31 ‘‘Catholic church says Haiti faces ‘descent into 

hell’ after clergy kidnappings,’’ Agence FrancePresse, Apr. 12, 2021, https://

www.theguardian.com/world/2021/apr/12/catholicclergy-abucted-ransom-haiti-france. 

32Charles, Jacqueline, ‘‘Haiti orphanage attacked 

by armed bandits, children sexually assaulted,’’ 

manager says, Miami Herald, Apr. 13, 2021, https:// 

www.miamiherald.com/news/nation-world/world/ 

americas/haiti/article250622224.html. 

33Sanon, Evens, and Coto, Da ́nica, ‘‘Surge in 

violence rattles Haiti as poverty, fear deepens,’’ The 

Associated Press, Apr. 16, 2021, https://

apnews.com/article/port-au-prince-kidnappingviolence-poverty-haiti06ba2725c9639a532a69ac3c6645d916. 

34Sanon, Evens, ‘‘Catholic officials halt activity 

in Haiti for 9 kidnapped,’’ The Associated Press, 

Apr. 21, 2021, https://apnews.com/article/latinamerica-haiti-kidnapping-port-au-prince-europe9cd7e6f7077009e30830f277ece721db. 

35 ‘‘Catholic church says Haiti faces ‘descent into 

hell’ after clergy kidnappings,’’ Agence FrancePresse, Apr. 12, 2021. https://

www.theguardian.com/world/2021/apr/12/catholicclergy-abucted-ransom-haiti-france. 

36Sanon, Evens, and Coto, Da ́nica, ‘‘Surge in 

violence rattles Haiti as poverty, fear deepens,’’ The 

Associated Press, Apr. 16, 2021, https://

apnews.com/article/port-au-prince-kidnappingviolence-poverty-haiti06ba2725c9639a532a69ac3c6645d916. 

37Harvard Law School International Human 

Rights Clinic and Observatoire Haı ̈tien des crimes 

contre l’humanite ́, Killing With Impunity, StateSanctioned Massacres in Haiti, http://

hrp.law.harvard.edu/wp-content/uploads/2021/04/ 

Killing_With_Impunity-1.pdf, April 2021. 

38Charles, Jacqueline, ‘‘When we aren’t killed, 

they kidnap us.’ Riding a bus in Haiti now a 

dangerous quest,’’ Miami Herald, Apr. 8, 2021, 

https://www.miamiherald.com/news/nation-world/ 

world/americas/haiti/article248908489.html. 

39 Daily Noon Briefing Highlights, United Nations 

Office for the Coordination of Humanitarian Affairs, 

10 June 2021, https://www.unocha.org/story/dailynoon-briefing-highlights-ethiopia-haiti. 

40 Id. 

41See e.g., ‘‘Haiti Gang Leader Launches 

’Revolution’ as Violence Escalates’’, U.S. News and 

World Report, June 24, 2021, https://

www.usnews.com/news/world/articles/2021-06-24/ 

haiti-gang-leader-launches-revolution-as-violenceescalates, and ‘‘Haiti gang leader threatens 

‘revolution’’’, The New York Carib News, June 26, 

2021, https://www.nycaribnews.com/articles/haitigang-leader-threatens-revolution/. 

42 ‘‘The World Bank in Haiti’’, World Bank, April 

26, 2021. 

43 Id. 

44 Id. 

45Taft-Morales, Maureen, ‘‘Haiti’s Political and 

Economic Conditions,’’ Congressional Research 

Service (CRS), p.5, Mar. 5, 2020, https://fas.org/sgp/ 

crs/row/R45034.pdf. 

46 ‘‘World Report 2021—Haiti,’’ Human Rights 

Watch, Jan. 13, 2021, https://www.hrw.org/worldreport/2021/country-chapters/haiti. 

unrest.28 Media outlets characterized 

Haiti as suffering from ‘‘escalating 

violence,’’ including kidnappings and 

homicides,29 and a ‘‘public security free 

fall.’’ 30 In early April 2021, Agence 

France-Presse reported that 

‘‘Kidnappings for ransom have surged in 

recent months in Port-au-Prince and 

other provinces, reflecting the growing 

influence of armed gangs.’’ 31 The Miami 

Herald reported that ‘‘Reports of 

kidnappings in Haiti continue to make 

headlines on a near daily basis, drawing 

alarm from international allies and 

humanitarian groups,’’ 32 while the 

Associated Press noted that kidnapping 

‘‘has become so common that radio 

stations often broadcast pleas for 

help.’’ 33 On April 11, 2021, 10 

individuals were kidnapped in the town 

of Croix-des-Bouquets—including seven 

members of the Catholic clergy.34 In 

response, the Archdiocese of Port-auPrince issued a statement warning that 

the country ‘‘is facing a ‘descent into 

hell’’’ and criticizing the Haitian 

government for its inaction.35 In midApril 2021, rising levels of violence led 

schools, businesses, and banks across 

Haiti to close in protest.36

In an April 2021 report by Harvard 

Law School’s International Human 

Rights Clinic and a consortium of 

Haitian civil society organizations, the 

authors describe complicity of state 

officials and police in gang attacks that 

left hundreds of people dead. 37 The 

report’s authors asserted that the 

government has helped to unleash 

criminal violence on poor 

neighborhoods, including by providing 

gangs with money, weapons, police 

uniforms, and government vehicles and 

that such support has encouraged the 

gangs to grow to the point where they 

can no longer be reined in, allowing 

criminality to explode. According to the 

report, the United Nations warned that 

a lack of accountability contributed to 

an increase in gang attacks throughout 

2020, including attacks on Cite ́ Soleil, 

where police resources were reportedly 

used on multiple occasions. 

In early April 2021, the Miami Herald 

reported on increasing violence on 

public transportation in Haiti, noting, 

‘‘Already driven to despair in Haiti by 

brutal poverty and a paralyzing political 

crisis, bus drivers and commuters are 

now having to grapple with surging 

violence on the country’s public 

transportation. Robberies and 

kidnappings have become a daily reality 

as buses get intercepted by armed gangs 

controlling access to large swaths of the 

country.’’ 38

On June 10, 2021, the United Nations 

Office for the Coordination of 

Humanitarian Affairs (OCHA) reported 

an upsurge in deadly clashes between 

gangs in Port-au-Prince displaced more 

than 5,000 people since the beginning of 

June.39 According to OCHA, the 

displacement brings the overall number 

to some 10,000 residents who have been 

displaced in the past 12 months due to 

similar incidents.40 Starting June 24, 

2021, multiple news organizations 

reported one of Haiti’s most powerful 

gang leaders warned that he was 

launching a ‘‘revolution’’ against the 

country’s business and political elites, 

signaling a likely further escalation of 

violence in Haiti.41 On July 7, 2021 a 

group of assailants attacked President 

Mo ̈ise’s residence and killed him. No 

one has claimed responsibility for the 

assassination. 

Economic Situation 

According to the World Bank, Haiti’s 

economic and social development 

continue to be hindered by political 

instability, governance issues, and 

fragility. With a Gross Domestic Product 

(GDP) per capita of US$1,149.50 and a 

Human Development Index ranking of 

170 out of 189 countries in 2020, Haiti 

remains the poorest country in the Latin 

America and Caribbean region and 

among the poorest countries in the 

world.42 The World Bank further reports 

that even before the COVID–19 

pandemic, the economy was contracting 

and facing significant fiscal imbalances. 

Following a contraction of 1.7% percent 

in 2019 in the context of the political 

turmoil and social discontent, GDP 

contracted by an estimated 3.8% in 

2020, as the COVID–19 pandemic 

exacerbated the already weak economy 

and political instability.43 It further 

reports that past marginal gains in 

poverty reduction have been undone by 

these recent shocks, with current 

estimates pointing to a poverty rate of 

nearly 60% in 2020 compared to the last 

official national estimate of 58.5% in 

2012. About two thirds of the poor live 

in rural areas. The welfare gap between 

urban and rural areas is largely due to 

adverse conditions for agricultural 

production.44 The Congressional 

Research Service (CRS) reported in 

March 2020 that ‘‘Public frustration 

with economic woes has contributed 

greatly to ongoing demonstrations, some 

of which have become violent.’’ 45

Protests have been spurred in part by 

the elimination of fuel subsidies in 2018 

and subsequent increases in fuel 

prices.46 In late 2019, protests in 

response to rising fuel costs precipitated 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41867 

47 ‘‘United Nations Integrated Office in Haiti: 

Report of the Secretary-General,’’ United Nations 

Security Council, pg 9, Feb. 11, 2021, https://

reliefweb.int/report/haiti/united-nations-integratedoffice-haiti-report-secretary-general-s2021133. 

48 ‘‘HAITI: Displacement in Port-au-Prince 

Situation Report No. 1’’, OCHA, June 1–8, 2021. 

49 ‘‘Haiti Health Fact Sheet,’’ U.S. Agency for 

International Development (USAID), Jan. 2020, 

https://www.usaid.gov/sites/default/files/ 

documents/1862/USAID_Haiti_Health_Fact_Sheet_

-_January_2020.pdf. 

50 ‘‘Briefing Note: Haiti,’’ ACAPS, p.4, Mar. 23, 

2020, https://www.acaps.org/sites/acaps/files/ 

products/files/20200323_acaps_briefing_note_

complex_crisis_in_haiti.pdf. 

51Brown, Clive M.; Ejike-King, Lacreisha; Gracia, 

J. Nadine; and Sampson, Dana M.; Chapter 10: 

Haiti, Yellow Book, Centers for Disease Control and 

Prevention, last reviewed Jun. 24, 2019, accessed 

Feb. 12, 2021, https://wwwnc.cdc.gov/travel/ 

yellowbook/2020/popular-itineraries/haiti. 

52Brown, Clive M.; Ejike-King, Lacreisha; Gracia, 

J. Nadine; and Sampson, Dana M.; Chapter 10: 

Haiti, Yellow Book, Centers for Disease Control and 

Prevention, last reviewed Jun. 24, 2019, accessed 

Feb. 12, 2021, https://wwwnc.cdc.gov/travel/ 

yellowbook/2020/popular-itineraries/haiti. 

53 ‘‘Briefing Note: Haiti,’’ ACAPS, p.4, Mar. 23, 

2020, https://www.acaps.org/sites/acaps/files/ 

products/files/20200323_acaps_briefing_note_

complex_crisis_in_haiti.pdf. 

54See e.g., Henrys, Jean et all, ‘‘Cholera in Haiti,’’ 

The Lancet, Dec. 2020, https://www.thelancet.com/ 

journals/langlo/article/PIIS2214-109X(20)30450-2/ 

fulltext?rss=yes. 

55 ‘‘Haiti’s Stability in Peril without Strong 

Response to COVID–19, Legal Expert Tells Security 

Council,’’ June 19, 2020, https://www.un.org/press/ 

en/2020/sc14218.doc.htm. 

56 ‘‘Country Brief—Haiti,’’ World Food 

Programme (WFP), p. 1, Oct. 2020, https://

reliefweb.int/report/haiti/wfp-haiti-country-briefoctober-2020. 

57 ‘‘Haiti,’’ World Food Programme (WFP), 

accessed Feb. 5, 2021, https://www.wfp.org/ 

countries/haiti. 

58 ‘‘Country Brief—Haiti,’’ World Food 

Programme (WFP), p. 1, Oct. 2020, https://

reliefweb.int/report/haiti/wfp-haiti-country-briefoctober-2020. 

59 ‘‘Haiti Humanitarian Situation Report’’, 

UNICEF, January–December 2020, https://

www.unicef.org/media/94046/file/Haiti-SitRepDecember-2020.pdf. 

60 ‘‘FAO–WFP Early Warning Analysis of Acute 

Food Insecurity Hotspots: October 2020,’’ Food and 

Agriculture Organization of the United Nations 

(FAO) and the World Food Programme (WFP), p.6, 

Nov. 2020, http://www.fao.org/3/cb1907en/ 

CB1907EN.pdf. 

61 Id. at p.5–6,12. 

62 Id. at p.12. 

63 ‘‘Haiti | Humanitarian Response Plan 2021,’’ 

Food and Agriculture Organization of the United 

Nations (FAO), p.1, Mar. 11, 2021, https://

reliefweb.int/report/haiti/haiti-humanitarianresponse-plan-2021. 

64 ‘‘Haiti—Complex Emergency Fact Sheet #2, 

Fiscal Year (FY) 2021,’’ U.S. Agency for 

International Development (USAID), p.2, May 4, 

2021, https://reliefweb.int/report/haiti/haiticomplex-emergency-fact-sheet-2-fiscal-year-fy-2021. 

65 Daily Noon Briefing Highlights, United Nations 

Office for the Coordination of Humanitarian Affairs, 

10 June 2021, https://www.unocha.org/story/dailynoon-briefing-highlights-ethiopia-haiti 

66 INA § 244(b)(1) prescribes 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. 

a halt in nearly all economic activity for 

a period of about eight weeks. 

The United Nations Integrated Office 

in Haiti reports that, as a result of 

multiple crises including political 

instability and COVID–19, Haiti’s 

economy contracted by 1.2% in 2019. 

Factories are operating at reduced 

capacity, unemployment is rising, the 

Haitian gourde continues to lose value 

against the United States dollar, 

inflation consistently exceeds 20%.47

On June 8, OCHA reported that the 

unprecedented level of violence and 

subsequent displacements as a result of 

gang violence is creating a host of 

secondary issues, such as the disruption 

of community-level social functioning, 

family separation, increased financial 

burdens on host families, forced school 

closures, loss of livelihoods and a 

general fear among the affected 

populations.48

Healthcare Situation 

USAID reported in January 2020 that 

insufficient funding, a weak health 

service delivery system, a lack of 

qualified health professionals, and the 

lingering impact of the 2010 earthquake 

and Hurricane Matthew in 2016 pose 

key challenges to the delivery of 

healthcare services to Haiti’s 

population.49 In March 2020, the 

independent humanitarian analysis 

organization ACAPS reported on a 

severe lack of healthcare services and 

infrastructure across the country, noting 

that only 31% of Haitians have access 

to healthcare services.50 Several vectorborne diseases are prevalent in Haiti, 

including malaria, chikungunya, 

dengue, and Zika.51 Diphtheria is 

endemic, and cases have increased in 

recent years.52 Treatment of these types 

of diseases is hampered by a lack of 

healthcare infrastructure and 

medication, and a low vaccination 

rate.53 The current epidemiological 

situation of cholera in Haiti has 

improved overall, but the medical 

community appears divided on 

cholera’s current prevalence in Haiti.54

Special Representative of the Secretary 

General La Lime said the COVID–19 

pandemic is stretching the country’s 

fragile health system: In a country of 

more than 11 million inhabitants, La 

Lime explained that Haiti only has the 

capacity to treat a few hundred patients 

at a time, due to suboptimal 

coordination within the state apparatus, 

inadequate funding of the national 

response plan, and staunch opposition 

by local communities to the opening of 

these centers, a manifestation of the 

lingering climate of denial, stigma and 

discrimination.55

COVID–19’s Exacerbation of Food 

Insecurity and Lack of Access to Basic 

Services 

High rates of poverty and natural 

disasters, including earthquakes and 

hurricanes, have contributed to elevated 

levels of food insecurity in Haiti.56

According to the World Food 

Programme (WFP), Haiti has one of the 

highest levels of food insecurity in the 

world.57 More than half of the 

population is chronically food 

insecure.58 According to UNICEF, 4.1 

million Haitians (nearly 40 per cent of 

the Haitian population) are estimated to 

be food insecure, and the estimated 

number of children suffering from acute 

malnutrition has risen to 167,000 as of 

May 2020.59

In an October 2020 report, the Food 

and Agriculture Organization of the 

United Nations (FAO) and the WFP 

identified Haiti as one of 20 ‘‘acute food 

insecurity hotspots’’ 60 in the world.61

The report also noted that ‘‘COVID–19- 

related restrictions have exacerbated an 

already high acute food insecurity 

situation, reducing availability of and 

access to food.’’ 62

In mid-March 2021, FAO stated that 

the effects of the COVID–19 pandemic— 

combined with economic instability, 

civil unrest, and recurring shocks linked 

to natural disasters including droughts, 

earthquakes, floods and hurricanes, 

have led to increased food insecurity 

and other humanitarian needs 

throughout the country.63

In early May 2021, USAID reported 

that the socioeconomic impacts of 

coronavirus disease (COVID–19) 

mitigation measures—along with 

ongoing violence and instability and 

persistent economic challenges— 

continue to affect access to services for 

vulnerable people in Haiti, where 

approximately 4.4 million people are in 

need of humanitarian assistance, 

according to the UN.64

On June 10, 2021, OCHA reported that 

as a result of deadly gang clashes, the 

displaced are in need of urgent 

humanitarian assistance and protection. 

Priority needs include sanitation, 

shelter, access to clean water and 

food.65

What authority does the Secretary have 

to designate Haiti for TPS? 

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

1254a(b)(1), authorizes the Secretary,66

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. The 


jbell on DSKJLSW7X2PROD with NOTICES
41868 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 

67This availability of judicial review is under 

consideration by the courts in the TPS litigation 

referenced supra. 

68Find information about online filing at Forms 

Available to File Online, https://www.uscis.gov/fileonline/forms-available-to-file-online. 

69https://myaccount.uscis.gov/users/sign_up. 

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, or termination of or 

extension of a designation. See INA 

section 244(b)(5)(A); 8 U.S.C. 

1254a(b)(5)(A).67 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 

foreign state). See INA section 

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

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

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

determines that the foreign state 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). 

Notice of the Designation of Haiti 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 Haiti’s 

designation for TPS on the basis of 

extraordinary and temporary conditions 

are met. See INA section 244(b)(1)(C), 8 

U.S.C. 1254a(b)(1)(C). I estimate 

approximately 155,000 individuals are 

eligible to apply for TPS under the 

designation of Haiti. On the basis of this 

determination, I am designating Haiti 

for TPS for 18 months, from August 3, 

2021 through February 3, 2023. See INA 

section 244(b)(1)(C) and (b)(2); 8 U.S.C. 

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

Alejandro N. Mayorkas 

Secretary, U.S. Department of Homeland 

Security. 

Eligibility and Employment 

Authorization for TPS 

Required Application Forms and 

Application Fees To Register for TPS 

ALL APPLICANTS, including 

individuals whose TPS under the 

previous designation of Haiti has been 

continued under preliminary 

injunctions issued by certain courts and 

85 FR 79208 (Dec. 9, 2020), should 

follow these instructions: You must 

submit an Application for Temporary 

Protected Status (Form I–821) as a new 

applicant by selecting ‘‘1.a This is my 

initial (first time) application for 

Temporary Protected Status (TPS). I do 

not currently have TPS,’’ along with the 

required $50 fee for Form I–821 or 

request for fee waiver. If your TPS is 

currently continuing under the court 

orders in Ramos and Saget, checking 

this 1.a. box as an initial applicant 

under this new designation of Haiti does 

not affect the continuation of your TPS 

while those orders remain. However, if 

those orders are no longer in effect 

applying for TPS under this Federal 

Register Notice will help ensure that 

you have TPS until the end of the 

designation as long as you remain 

eligible. USCIS understands that you do 

currently have TPS if you are covered 

by the court orders, and checking Box 

1.a. will not be deemed a 

misrepresentation on your part. 

You may request a fee waiver by 

submitting a Request for a Fee Waiver 

(Form I–912). You must also pay the 

biometrics services fee if you are age 14 

or older, unless USCIS grants a fee 

waiver. Please see additional 

information under the ‘‘Biometric 

Services Fee’’ section of this Notice. 

You are not required to submit an I–765 

or have an EAD, but see below for more 

information if you want to work in the 

United States. 

How TPS Beneficiaries Can Obtain an 

Employment Authorization Document 

(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 apply for and obtain an EAD, 

which proves their legal right to work. 

TPS applicants who want to obtain an 

EAD valid through February 3, 2023 

must file an Application for 

Employment Authorization (Form I– 

765) and pay the Form I–765 fee (or 

request a fee waiver by submitting a 

Request for a Fee Waiver (Form I–912)). 

TPS applicants may file this form along 

with their TPS application, or at a later 

date, provided their TPS application is 

still pending or has been approved. 

For more information on the 

application forms and fees for TPS, 

please visit the USCIS TPS web page at 

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). 

Refiling a TPS Registration Application 

After Receiving a Denial of a Fee Waiver 

Request 

If you receive a denial of a fee waiver 

request, you must refile your Form I– 

821 for TPS along with the required fees 

during the registration period, which 

extends until February 3, 2023, in order 

to continue seeking initial TPS or to 

newly register to avoid losing protection 

in the event that the court injunctions 

are lifted. You may also file for your 

Employment Authorization Document 

on Form I–765 with payment of the fee 

along with your TPS application or at 

any later date you decide you want to 

request an EAD during the registration 

period. 

Filing Information 

USCIS offers the option to applicants 

for TPS under Haiti’s designation to file 

Form I–821 and related requests for 

EADs online or by mail. When filing an 

initial TPS application, applicants can 

also request an EAD by submitting a 

completed Form I–765, Request for 

Employment Authorization, with their 

Form I–821. 

Online filing: Form I–821 and I–765 

are available for concurrent filing 

online.68 To file these forms online, you 

must first create a USCIS online 

account.69

Mail filing: Mail your application for 

TPS to the proper address in Table 1. 

Table 1—Mailing Addresses 

Mail your completed Application for 

Temporary Protected Status (Form I– 

821) and Application for Employment 

Authorization (Form I–765), Form I–912 

for a fee waiver (if applicable) and 

supporting documentation to the proper 

address in Table 1. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41869 

70See Continuation of Documentation for 

Beneficiaries of Temporary Protected Status 

Designations for El Salvador, Haiti, Nicaragua, 

Sudan, Honduras, and Nepal, 85 FR 79208, (Dec. 9, 

2020). 

TABLE 1—MAILING ADDRESSES

If you . . . Mail to . . . 

Are a beneficiary under the TPS designation for Haiti and you live in 

the following states: Florida, New York.

U.S. Postal Service (USPS), U.S. Citizenship and Immigration Services, Attn: TPS Haiti, P.O. Box 660167, Dallas, TX 75266–0167. 

FedEx, UPS, or DHL: U.S. Citizenship and Immigration Services, Attn: 

TPS Haiti (Box 660167), 2501 S. State Highway, 121 Business Suite 

400, Lewisville, TX 75067–8003. 

Are a beneficiary under the TPS designation for Haiti and you live in 

any other state.

U.S. Postal Service (USPS), U.S. Citizenship and Immigration Services, Attn: TPS Haiti, P.O. Box 24047, Phoenix, AZ 85074–4047. 

FedEx, UPS, or DHL: U.S. Citizenship and Immigration Services, Attn: 

TPS Haiti (Box 24047), 1820 E. Skyharbor Circle S, Suite 100, 

Phoenix, AZ 85034. 

If you were granted TPS by an 

immigration judge (IJ) or the Board of 

Immigration Appeals (BIA) and you 

wish to request an EAD, please mail 

your Form I–765 application to the 

appropriate mailing address in Table 1. 

When you are 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 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 uscis.gov/tps 

under ‘‘Haiti.’’ 

Biometric Services Fee for TPS 

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 

demonstrate an inability to pay the 

biometric services fee you may be able 

to have the fee waived. A fee waiver 

may be requested 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 uscis.gov/tps. If 

necessary, you may be required to visit 

an Application Support Center to have 

your biometrics captured. For additional 

information on the USCIS biometric 

screening process, please see the USCIS 

Customer Profile Management Service 

Privacy Impact Assessment, available at 

dhs.gov/privacy. 

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 

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). 

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 the third page of 

Form I–9, Employment Eligibility 

Verification, as well as the Acceptable 

Documents web page at 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 as 

described in the Form I–9 Instructions. 

The TPS EADs that DHS automatically 

extended in the December 9, 2020 

compliance notice will remain valid 

until at least October 4, 2021.70

Employers may not reject a document 

based on the fact that it has been 

automatically extended, or due to a 

future expiration date. An EAD is an 

acceptable document under List A. 

Individuals whose existing TPS-related 

documentation continues through 

October 4, 2021, in accordance with the 

court orders in Ramos and Saget and the 

DHS Federal Register notice at 85 FR 

79208 (Dec. 9, 2020), may present 

documentation as described in that 

notice to their employers for purposes of 

demonstrating employment eligibility 

through October 4, 2021. Additional 

information about Form I–9 is available 

on the I–9 Central web page at 

uscis.gov/I–9Central. 

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 EAD, regardless of 

whether you have an EAD or work 

authorization based on another 

immigration status. If you want to 

obtain a new TPS-based EAD valid 

through February 3, 2023, then you 

must file Form I–765, Application for 

Employment Authorization, and pay the 

associated fee (unless USCIS grants your 

fee waiver request). 

Can my employer require that I provide 

any other documentation such as 

evidence of my status or proof of my 

Haitian citizenship or a Form I–797C 

showing that I registered for TPS for 

Form I–9 completion? 

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 


jbell on DSKJLSW7X2PROD with NOTICES
41870 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 

71See Continuation of Documentation for 

Beneficiaries of Temporary Protected Status 

Designations for El Salvador, Haiti, Nicaragua, 

Sudan, Honduras, and Nepal, 85 FR 79208, (Dec. 9, 

2020). 

receipt. Employers need not reverify 

List B identity documents. Employers 

may not request proof of Haitian 

citizenship or proof of registration for 

TPS when completing Form I–9 for new 

hires or reverifying the employment 

authorization of current employees. 

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. Employers can 

refer to the compliance notice that DHS 

published on December 9, 2020 for 

information on how to complete the 

Form I–9 with TPS EADs that DHS 

extended through October 4, 2021.71

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. USCIS accepts calls in 

English, Spanish and many other 

languages. Employees or job applicants 

may also call the IER Worker Hotline at 

800–255–7688 (TTY 800–237–2515) for 

information regarding employment 

discrimination based on citizenship, 

immigration status, or national origin, 

including discrimination related to 

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

Hotline provides language interpretation 

in 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 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 TNC 

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

case result is received when E-Verify 

cannot confirm an employee’s 

employment eligibility. An employer 

may terminate employment based on a 

case result of FNC. Work-authorized 

employees who receive an FNC may call 

USCIS for assistance at 888–897–7781 

(TTY 877–875–6028). For more 

information about E-Verify-related 

discrimination or to report an employer 

for discrimination in the E-Verify 

process based on citizenship, 

immigration status, or national origin, 

contact IER’s Worker Hotline at 800– 

255–7688 (TTY 800–237–2515). 

Additional information about proper 

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

IER website at justice.gov/ier and the 

USCIS and E-Verify websites at 

uscis.gov/i-9-central and e-verify.gov. 

Note Regarding Federal, State, and 

Local Government Agencies (Such as 

Departments of Motor Vehicles) 

This Federal Register Notice does not 

invalidate the compliance notice DHS 

issued on December 9, 2020, which 

extended the validity of certain TPS 

documentation through October 4, 2021, 

and does not require individuals to 

present an I–797, Notice of Action. For 

Federal purposes, individuals approved 

for TPS may show their Form I–797, 

Notice of Action, indicating approval of 

their Form I–821 application, or their 

A12 EAD (including those that have 

been extended) to prove that they have 

TPS. USCIS can also confirm whether 

an individual has TPS if they show a 

C19 EAD, which indicates prima facie 

eligibility for TPS. 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 they require you 

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 covered under TPS or 

show you are authorized to work based 

on TPS. Examples of such documents 

are: 

• Your new EAD with a category code 

of A12 or C19 for TPS; 

• Your Form I–94, Arrival/Departure 

Record; or 

• Your Form I–797, the notice of 

approval, for a 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 

the Systematic Alien Verification for 

Entitlements (SAVE) program to confirm 

the current immigration status of 

applicants for public benefits. SAVE can 

verify when an individual has TPS 

based on the documents above. 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 

uscis.gov/save/save-casecheck, then by 

clicking the ‘‘Check Your Case’’ button. 

CaseCheck is a free service that lets you 

follow the progress of your SAVE 

verification using your date of birth and 

SAVE verification case number or an 

immigration identifier number that you 

provided to the benefit-granting agency. 

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 on or will act on a SAVE 

verification and you do not believe the 

response is correct, find detailed 

information on how to make corrections 

or update your immigration record, 

make an appointment, or submit a 

written request for information about 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41871 

correcting records on the SAVE website 

at www.uscis.gov/save. 

[FR Doc. 2021–16481 Filed 7–30–21; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2021–N005; 

FXES11130100000–212–FF01E00000] 

Endangered and Threatened Wildlife 

and Plants; Draft Recovery Plan for 

White Bluffs Bladderpod 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for review and public comment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the 

availability of the Draft Recovery Plan 

for White Bluffs Bladderpod (Physaria 

douglasii subsp. tuplashensis), listed as 

threatened under the Endangered 

Species Act, and endemic to Franklin 

County, Washington. We request review 

and comment on this draft recovery 

plan from Federal, State, and local 

agencies; Native American Tribes; and 

the public. 

DATES: To ensure consideration, 

comments on the draft recovery plan 

must be received on or before October 

4, 2021. However, we will accept 

information about any species at any 

time. 

ADDRESSES:

Document availability: Obtain the 

recovery plan by the following method. 

• Internet: http://www.fws.gov/ 

endangered/species/recovery-plans.html 

or http://www.fws.gov/pacific/ 

ecoservices/endangered/recovery/ 

plans.html. 

Comment submission: You may 

submit written comments and materials 

by one of the following methods: 

• U.S. mail: Jeff Krupka, Central 

Washington Field Office, at the above 

U.S. mail address. 

• Fax: 360–753–9405. 

• Email: WFWO_LR@fws.gov. 

FOR FURTHER INFORMATION CONTACT: Brad 

Thompson, State Supervisor, U.S. Fish 

and Wildlife Service, Washington Fish 

and Wildlife Office, at the above U.S. 

mail address; telephone 360–753–4652. 

If you use a telecommunications device 

for the deaf, call the Federal Relay 

Service at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: We, the 

U.S. Fish and Wildlife Service (Service), 

announce the availability of the Draft 

Recovery Plan for White Bluffs 

Bladderpod (Physaria douglasii subsp. 

tuplashensis). The subspecies, listed as 

threatened under the Endangered 

Species Act of 1973, as amended (Act; 

16 U.S.C. 1531 et seq.), is a plant 

endemic to the White Bluffs of Franklin 

County, Washington. The draft recovery 

plan includes specific goals, objectives, 

and criteria that should be met prior to 

our consideration of removing the 

species from the Federal List of 

Endangered and Threatened Plants. We 

request review and comment on this 

draft recovery plan from Federal, State, 

and local agencies; Native American 

Tribes; and the public. 

Background 

The White Bluffs bladderpod is a 

short-lived, herbaceous perennial that 

occurs intermittently in a narrow, linear 

strip about 15 kilometers (9.3 miles) 

long, along sparsely vegetated upper 

and top exposures of the White Bluffs in 

eastern Washington State. This plant is 

closely associated with highly alkaline, 

cemented calcium carbonate soil along 

the Columbia River in the State of 

Washington. In April 2013, and as 

reaffirmed in December 2013, the White 

Bluffs bladderpod was listed as a 

threatened species pursuant to the Act 

(78 FR 23983; April 23, 2013; 78 FR 

76995; December 20, 2013). 

Recovery Planning Process 

Recovery of endangered and 

threatened animals and plants is a 

primary goal of our endangered species 

program. To help guide the recovery 

effort, we prepare recovery plans for 

most listed species. Recovery plans 

describe actions considered necessary 

for conservation of the species, establish 

criteria for downlisting or delisting, and 

estimate time and cost for implementing 

recovery measures. 

Recovery Planning and Implementation 

The Service recently revised its 

approach to recovery planning, and is 

now using a process termed recovery 

planning and implementation (RPI) (see 

https://www.fws.gov/endangered/esalibrary/pdf/RPI.pdf). The RPI approach 

is intended to reduce the time needed 

to develop and implement recovery 

plans, increase recovery plan relevancy 

over a longer timeframe, and add 

flexibility to recovery plans so they can 

be adjusted to new information or 

circumstances. Under RPI, a recovery 

plan includes the statutorily required 

elements under section 4(f) of the Act 

(objective and measurable recovery 

criteria, site-specific management 

actions, and estimates of time and 

costs), a concise introduction, and our 

strategy for how we plan to achieve 

species recovery. The RPI recovery plan 

is supported by two supplementary 

documents: A species status assessment 

or biological report, which describes the 

best available scientific information 

related to the biological needs of the 

species and assessment of threats; and 

the recovery implementation strategy, 

which details the particular near-term 

activities needed to implement the 

recovery actions identified in the 

recovery plan. Under this approach, we 

can more nimbly incorporate new 

information on species biology or 

details of recovery implementation by 

updating these supplementary 

documents without concurrent revision 

of the entire recovery plan, unless 

changes to statutorily required elements 

are necessary. 

Recovery Plan Components 

The primary recovery strategy for the 

White Bluffs bladderpod is to increase 

the capability of populations to 

withstand stochastic events; to establish 

new populations as possible and 

appropriate; to provide a safety margin 

against catastrophic events; and to 

increase the ecological and/or genetic 

diversity of the subspecies. Recovery 

will hinge on two types of strategies, 

direct and indirect, to improve habitat, 

reduce threats, and preserve or enhance 

the ability of individuals to survive and 

reproduce in the range of conditions 

they are likely to experience. 

We may initiate an assessment of 

whether recovery has been achieved and 

delisting is warranted when the 

recovery criteria have been met, 

including once a second population has 

been discovered or established on 

conserved lands and is managed in a 

way that is compatible with White 

Bluffs bladderpod conservation. All 

populations must be self-sustaining. 

Request for Public Comments 

Section 4(f) of the Act requires us to 

provide public notice and an 

opportunity for public review and 

comment during recovery plan 

development. It is also our policy to 

request peer review of recovery plans 

(59 FR 34270; July 1, 1994). In an 

appendix to the approved final recovery 

plan, we will summarize and respond to 

the issues raised during public comment 

and peer review. Substantive comments 

may or may not result in changes to the 

recovery plan. Comments regarding 

recovery plan implementation will be 

forwarded as appropriate to Federal and 

other entities so that they can be taken 

into account during the course of 

implementing recovery actions. 

We will consider all comments we 

receive by the date specified in DATES

prior to final approval of the plan. 


jbell on DSKJLSW7X2PROD with NOTICES