[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Notices]
[Pages 23211-23218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08390]



[[Page 23211]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2718-22; DHS Docket No. USCIS-2022-0003; 1615-ZB91]


Designation of Ukraine for Temporary Protected Status

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

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

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) has 
designated Ukraine for Temporary Protected Status (TPS) for 18 months, 
effective April 19, 2022, or later date if Secretary so determines], 
through October 19, 2023. This designation allows eligible Ukrainian 
nationals (and individuals having no nationality who last habitually 
resided in Ukraine) who have continuously resided in the United States 
since April 11, 2022, and who have been continuously physically present 
in the United States since April 19, 2022 to apply for TPS.

DATES: 
    Designation of Ukraine for TPS: The 18-month designation of Ukraine 
for TPS is effective on April 19, 2022 and will remain in effect for 18 
months, through October 19, 2023.
    Registration: The registration period for eligible individuals to 
submit TPS applications begins April 19, 2022 and will remain in effect 
through October 19, 2023.

FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Chief, 
Humanitarian Affairs Division, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by 
phone at 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 Ukraine's TPS designation by selecting ``Ukraine'' 
from the menu on the left side of the TPS web page.
    If you have additional questions about TPS, please visit 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 
eligible nationals of Ukraine (or individuals having no nationality who 
last habitually resided in Ukraine) to submit an initial registration 
application under the designation of Ukraine for TPS and apply for an 
Employment Authorization Document (EAD). Under this designation, 
individuals must submit an initial Ukraine TPS application (Form I-821) 
and may also submit an application for Employment Authorization (Form 
I-765), during the 18-month initial registration period that runs from 
April 19, 2022, through October 19, 2023.\1\ In addition to 
demonstrating continuous residence in the United States since April 11, 
2022,\2\ and meeting other eligibility criteria, initial applicants for 
TPS under this designation must demonstrate that they have been 
continuously physically present in the United States since April 19, 
2022, the effective date of this designation of Ukraine, before USCIS 
may grant them TPS. DHS estimates that approximately 59,600 individuals 
may be eligible for TPS under the designation of Ukraine.
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    \1\ In general, individuals must be given an initial 
registration period of no less than 180 days to register for TPS, 
but the Secretary has discretion to provide for a longer 
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). In keeping 
with the humanitarian purpose of TPS and advancing the goal of 
ensuring ``the Federal Government eliminates . . . barriers that 
prevent immigrants from accessing government services available to 
them'' under 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), the Secretary 
has recently exercised his discretion to provide for TPS initial 
registration periods that coincide with the full period of a TPS 
country's initial designation or redesignation. See, e.g., 86 FR 
41863 (Aug. 3, 2021) (providing 18-mos. registration period under 
new TPS designation of Haiti); 86 FR 41986 (Aug. 4, 2021) 
(``Extension of Initial Registration Periods for New Temporary 
Protected Status Applicants Under the Designations for Venezuela, 
Syria and Burma). For the same reasons, the Secretary is similarly 
exercising his discretion to provide applicants under this TPS 
designation of Ukraine with an 18-month initial registration period.
    \2\ The ``continuous physical presence date'' (CPP) is the 
effective date of the most recent TPS designation of the country, 
which is either the publication date of the designation announcement 
in the Federal Register or such later date as the Secretary may 
establish. The ``continuous residence date'' (CR) is any date 
established by the Secretary when a country is designated (or 
sometimes redesignated) for TPS. See INA Sec.  244(b)(2)(A) 
(effective date of designation); 244(c)(1)(A)(i-ii) (discussing CR 
and CPP date requirements).
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What is Temporary Protected Status (TPS)?

    <bullet> TPS is a temporary immigration status granted to eligible 
nationals of a foreign state designated for TPS under the Immigration 
and Nationality Act (INA), or to eligible individuals without 
nationality who last habitually resided in the designated foreign 
state, regardless of their country of birth.
    <bullet> During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to obtain EADs so long as they continue to meet the 
requirements of TPS.
    <bullet> TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion.
    <bullet> To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
    <bullet> When the Secretary terminates a foreign state's TPS 
designation,

[[Page 23212]]

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

Why was Ukraine designated for TPS?

    DHS has reviewed country conditions in Ukraine. Based on this 
review, and in consultation with the Department of State (DOS), the 
Secretary has determined that an 18-month designation is warranted due 
to ongoing armed conflict and extraordinary and temporary conditions 
described below.

Overview

    On February 24, 2022, Russia massively expanded its unprovoked 
military invasion of Ukraine, marking the largest conventional military 
action in Europe since World War II.\3\ There is widespread fear and 
flight of Ukrainian nationals as Russia's forces have continued to 
engage in significant, sustained bombardment of major cities across the 
country, including attacks on Ukraine's capital, Kyiv.\4\ This ongoing 
armed conflict poses a serious threat to the safety of nationals 
returning to Ukraine. Extraordinary and temporary conditions, including 
destroyed infrastructure, scarce resources, and lack of access to 
healthcare, prevent Ukrainian nationals from returning to their 
homeland in safety.
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    \3\ ``Russia invades Ukraine on multiple fronts in `brutal act 
of war','' PBS, Feb. 24, 2022, available at: https://www.pbs.org/newshour/world/russia-invades-ukraine-on-multiple-fronts-in-brutal-act-of-war (last visited Mar. 1, 2022); Natalia Zinets and 
Aleksandar Vasovic, ``Missiles rain down around Ukraine,'' Reuters, 
Feb. 24, 2022, available at: https://www.reuters.com/world/europe/putin-orders-military-operations-ukraine-demands-kyiv-forces-surrender-2022-02-24/ (last visited Mar. 1, 2022).
    \4\ Ukraine: Humanitarian Impact Situation Report No. 1, United 
Nations Office for the Coordination of Humanitarian Affairs, Feb. 
26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Mar. 1, 2022).
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Ongoing Armed Conflict and Human Rights Abuses

    Russia's expanded military invasion of Ukraine has placed civilians 
at significant risk of physical harm throughout the country.\5\ As of 
late March 2022, Russia's forces have engaged in sustained shelling 
campaigns of cities and towns across Ukraine that have harmed, killed, 
and injured civilians and struck hospitals, schools, and apartment 
buildings, resulting in at least 3,039 reported civilian casualties 
according to the United Nations, with more casualties expected.\6\
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    \5\ Press briefing notes on Ukraine, United Nations Office of 
the High Commissioner Human Rights, Mar. 1, 2022, available at: 
https://www.reuters.com/world/europe/putins-nuclear-move-could-make-situation-much-much-more-dangerous-us-official-2022-02-27/ (last 
visited Mar. 1, 2022).
    \6\ ``Ukraine: UN chief calls for safe passage from conflict 
zones, rights body records 1,123 civilian casualties, WHO outlines 
health concerns,'' UN News, Mar. 6, 2022, available at: https://news.un.org/en/story/2022/03/1113372 (last visited Mar. 8, 2022); 
War Crimes by Russia's Forces in Ukraine, Press Statement, U.S. 
Secretary of State Antony J. Blinken, Mar. 23, 2022, available at: 
https://www.state.gov/war-crimes-by-russias-forces-in-ukraine/ (last 
visited Mar. 25, 2022); UN Office of the High Commissioner for Human 
Rights, ``Ukraine: civilian casualty update 29 March 2022'', Mar. 
29, 2022, available at: https://www.ohchr.org/en/news/2022/03/ukraine-civilian-casualty-update-29-march-2022 (last visited Mar. 
31, 2022).
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    Artillery attacks and air strikes by Russia's military forces have 
become regular occurrences in Kyiv and other cities across Ukraine 
since the start of the February 2022 invasion.\7\ Aerial bombardments 
in and around major cities have been reported as Russia's forces 
continue to target critical infrastructure.\8\ Russia's ground forces 
have been advancing on four primary axes: From Belarus in the North; 
from Russia in the Northeast; from the Russia-controlled Donbas region 
in the East; and Russia-occupied Crimea in the South.
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    \7\ ``Fear, darkness and newborn babies: Inside Ukraine's 
underground shelters,'' The Guardian, Feb. 26, 2022, available at: 
https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters (last visited 
Mar. 1, 2022).
    \8\ ``Russia's invasion of Ukraine in maps--latest updates'', 
Financial Times, Mar. 1, 2022, available at: https://www.ft.com/content/4351d5b0-0888-4b47-9368-6bc4dfbccbf5 (last visited Mar. 1, 
2022).
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    The scale of attacks harming infrastructure in the city of Kharkiv, 
where a historic opera house, concert hall, and government building in 
the city's center were destroyed, has dramatically increased, resulting 
in numerous civilian casualties.\9\ In the city of Mariupol, Russia's 
forces have shelled the city, killing civilians with strikes on homes, 
schools, hospitals and shelters, while preventing pathways for 
humanitarian aid and civilian evacuation.\10\ Residents of the city 
``have described a freezing hellscape riddled with dead bodies and 
destroyed buildings'' where thousands ``are cut off from the world in 
the besieged city.'' \11\ The Prosecutor of the International Criminal 
Court in The Hague has stated that ``there is a reasonable basis to 
believe that both alleged war crimes and crimes against humanity have 
been committed in Ukraine'' during the past eight years, so his Office 
is proceeding with active investigations, and that its investigations 
will ``encompass any new alleged crimes falling within the jurisdiction 
of [the] Office'' that are committed in Ukraine.\12\ Based on 
information currently available, the U.S. government has assessed that 
members of Russia's forces have committed war crimes in Ukraine.\13\
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    \9\ Russian Offensive Campaign Assessment, The Institute for the 
study of War, p. 1 & p. 5, Feb. 28, 2022, available at: https://www.understandingwar.org/sites/default/files/Russian%20Operations%20Assessments%20Feb28_1.pdf (last visited Mar. 
1, 2022); ``Ukraine conflict: Russia bombs Kharkiv's Freedom Square 
and opera house'', BBC, Mar. 1, 2022, available at: https://www.bbc.com/news/world-europe-60567162 (last visited Mar. 1, 2022).
    \10\ ``What is happening in Mariupol, the Ukrainian city under 
Russian siege?'' The Washington Post, Mar. 21, 2022, available at: 
https://www.washingtonpost.com/world/2022/03/21/ukraine-mariupol-seige-russia-faq/ (last visited Mar. 25, 2022).
    \11\ ``What is happening in Mariupol, the Ukrainian city under 
Russian siege?'' The Washington Post, Mar. 21, 2022, available at: 
https://www.washingtonpost.com/world/2022/03/21/ukraine-mariupol-seige-russia-faq/ (last visited Mar. 25, 2022).
    \12\ Statement of ICC Prosecutor, Karim A.A. Khan QC, on the 
Situation in Ukraine: `I have decided to proceed with opening an 
investigation.', International Criminal Court, Feb. 28, 2022, 
available at: https://www.icc-cpi.int/Pages/item.aspx?name=20220228-prosecutor-statement-ukraine (last visited Mar. 1, 2022).
    \13\ War Crimes by Russia's Forces in Ukraine, Press Statement, 
U.S. Secretary of State Antony J. Blinken, Mar. 23, 2022, available 
at: https://www.state.gov/war-crimes-by-russias-forces-in-ukraine/ 
(last visited Mar. 25, 2022).
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    Ongoing human rights abuses in the Donbas region and in Russia-
occupied Crimea demonstrate the risk to Ukraine's territories under 
control by Russia's forces and Russia's proxies. In 2014, armed groups 
began seizing government buildings and territory across the eastern 
Donbas region bordering Russia.\14\ The Office of the U.N. High 
Commissioner for Human Rights indicated that torture, sexual violence, 
beatings, asphyxiation, electrocution, deprivation, isolation, and 
threats were used to extract confessions or information, and force 
cooperation during the 2014 hostilities.\15\ Under a local occupation

[[Page 23213]]

authority installed by the Russian government, the human rights 
situation in Crimea deteriorated precipitously, with reports of 
``members of Crimean Tatar community and their supporters, including 
journalists, bloggers, activists, and others being subjected to 
harassment, intimidation, threats, intrusive and unlawful searches of 
their homes, physical attacks, and enforced disappearances.'' \16\
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    \14\ ``Arbitrary Detention, Torture and Ill-treatment in the 
Context of Armed Conflict in Eastern Ukraine 2014-2021'', Office of 
the United Nations High Commissioner for Human Rights (OHCHR), p. 6, 
2021, available at: https://www.ohchr.org/Documents/Countries/UA/UkraineArbDetTorture_EN.pdf (last visited Mar. 1, 2022).
    \15\ Arbitrary Detention, Torture and Ill-treatment in the 
Context of Armed Conflict in Eastern Ukraine 2014-2021, Office of 
the United Nations High Commissioner for Human Rights (OHCHR), p. 2-
3, 2021, available at: https://www.ohchr.org/Documents/Countries/UA/UkraineArbDetTorture_EN.pdf (last visited Mar. 1, 2022); see also, 
Amnesty International Report 2021/22: State of the World's Human 
Rights, Amnesty International, p. 375, 2021, available at: https://www.amnesty.org/en/wp-content/uploads/2021/06/English.pdf (last 
visited Mar. 1, 2022).
    \16\ Crimea: Persecution of Crimean Tatars Intensifies, Human 
Rights Watch, Nov. 14, 2017, available at: https://www.hrw.org/news/2017/11/14/crimea-persecution-crimean-tatars-intensifies (last 
visited Mar. 1, 2022).
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Humanitarian Situation

    The unprovoked war Russia has brought against Ukraine ``continues 
to result in civilian deaths and generate further population 
displacement, damage civilian infrastructure, and exacerbate 
humanitarian needs across the country.'' \17\ After eight years of on 
ongoing conflict with Russia, 2.9 million people in Ukraine were 
``projected to be in need of humanitarian assistance in 2022, the 
majority of whom, some 54 percent, are women and girls.'' \18\ Older 
persons are among the most affected, as ``[t]hirty percent of people in 
need of humanitarian assistance are older than 60 years of age'' with 
women facing particular hardships.\19\ Children and persons with 
disabilities have faced additional difficulties including access to 
health care and other services. In particular, ``[m]any older persons 
with disabilities do not have an official disability certificate, which 
does not allow them to receive a disability allowance from the 
Government of Ukraine.'' \20\
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    \17\ Ukraine--Complex Emergency, U.S. Agency for International 
Development, Mar. 25, 2022, available at: https://www.usaid.gov/sites/default/files/documents/2022-03-25_USG_Ukraine_Complex_Emergency_Fact_Sheet_8.pdf (last visited 
Apr.12, 2022).
    \18\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 4, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
    \19\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 6, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
    \20\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
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Destruction of Infrastructure and Scarce Resources
    Since 2014, the armed conflict in the Donbas region has caused 
significant damage to systems and services in the affected areas, 
impacting transport and road infrastructure, energy, and water, with 
over 200,000 people living in areas now cut off from essential services 
and local markets.\21\ Attacks harming infrastructure in the region 
have also affected access to essential services such as health care, 
transportation, utilities, and education. Prior to the 2022 invasion, 
UNOCHA estimated that approximately 1 million children would be 
impacted by the ongoing conflict in the Donbas region and that 380,000 
of them would need assistance and protection.\22\ More than 750 
educational facilities have been damaged during the conflict \23\ and 
``over 250,000 children living near the contact line regularly 
experience shelling and exposure to landmines and explosive remnants of 
war, which has made them more prone to physical injuries and mental 
health issues''.\24\
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    \21\ Protection Monitoring in 98 communities in the 0-5 km zone 
from the ``contact line,'' UNHCR, Feb. 2021, available at: https://app.powerbi.com/view?r=eyJrIjoiYzdhZTNjODYtZTFkZS00ODMxLTk5MGEtNDQwNDczOTU4Zjc4IiwidCI6ImU1YzM3OTgxLTY2NjQtNDEzNC04YTBjLTY1NDNkMmFmODBiZSIsImMiOjh9 (last 
visited Mar. 1, 2022).
    \22\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 35, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
    \23\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 35, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
    \24\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 35, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
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    Ukraine faced problems of aging infrastructure before the February 
2022 invasion, which this invasion has exacerbated.\25\ Since February 
24, significant infrastructural damage in Ukraine from Russia's air 
strikes has ``left hundreds of thousands of people without electricity 
or water, while bridges and roads damaged by shelling have left 
communities cut off from markets for food and other basic supplies.'' 
\26\ Amid air raid sirens, civilians have sought safety underground in 
subway stations, basements, and bunkers.\27\ Also, on February 27, 
2022, Russia's missiles hit a number of targets vital to Ukraine's 
infrastructure, including an oil facility near Kyiv, a gas pipeline in 
Kharkiv, and the Zhuliany Airport.\28\
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    \25\ Risk Assessment of the ``Voda Donbasu'' Water System, 
UNICEF, Oct. 2019, available at: https://www.unicef.org/ukraine/reports/VD-risk-assessment-2019 (last visited Mar. 1, 2022).
    \26\ Ukraine: Humanitarian Impact, Situation Report No. 01, OCHA 
Ukraine, Feb. 26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Mar. 1, 2022).
    \27\ ``Fear, darkness and newborn babies: Inside Ukraine's 
underground shelters'', The Guardian, Feb. 26, 2022, available at: 
https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters (last visited 
Mar. 1, 2022).
    \28\ Russia hits Ukrainian oil and gas facilities in wave of 
attacks, Al Jazeera, Feb. 27, 2022, available at: https://www.aljazeera.com/news/2022/2/27/russia-ukraine-oil-gas-fuel-airport-attacks (last visited Mar. 1, 2022).
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    Food security is a concern in Ukraine with 1.1 million Ukrainian 
nationals in need of food assistance--more than a third of these being 
severely and moderately food insecure.\29\ The impact on women has been 
more pronounced and ``all available data show that female-headed 
households are an estimated 1.3 times more often experiencing food 
insecurity, compared to the overall population.'' \30\ In February 
2022, UNOCHA estimated that 2.5 million Ukrainian nationals were in 
need of water, sanitation and hygiene assistance.\31\ Those without 
access to alternative water sources have been most heavily 
impacted.\32\
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    \29\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 79, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
    \30\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 51, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
    \31\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 73, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
    \32\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 39, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
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Lack of Access to Healthcare
    Shortly after Russia began this offensive in 2022, UNOCHA reported 
that in Ukraine, the ``most pressing humanitarian needs are emergency 
medical services, critical medicines, health supplies and equipment, 
safe water for drinking and hygiene, and shelter and protection for 
those

[[Page 23214]]

displaced from their home.'' \33\ The need for humanitarian health care 
is high, and approximately 1.52 million Ukrainian nationals are in need 
of health care assistance.\34\
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    \33\ Ukraine: Humanitarian Impact, Situation Report No. 01, OCHA 
Ukraine, Feb. 26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Mar. 1, 2022).
    \34\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 87, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
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    Challenges within Ukraine's health care system have been 
exacerbated by the massive expansion of armed conflict amidst a 
pandemic.\35\ Strikes hitting medical facilities have resulted in 
injuries and deaths, including among health care workers, and have 
resulted in critical shortages of medical supplies in some areas.\36\ 
Kyiv city authorities reported over 80 babies were born in bomb 
shelters in the first two nights.\37\ The COVID-19 pandemic already put 
significant strain on Ukraine's health care system by stretching its 
limited capacity.\38\ In February 2022, Ukraine experienced its worst 
wave of COVID-19 cases thus far, bringing the total number of cases 
over 5 million and the number of deaths topping 100,000.\39\ Hospitals 
have struggled with the volume of COVID cases and Ukraine has one of 
the lowest vaccination rates in Europe.\40\
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    \35\ Impact of Health Reform on the Primary Healthcare Level in 
Conflict-Affected Areas of Donetsk and Luhansk Oblasts, 
M[eacute]dicos del Mundo, June 2021, available at: https://reliefweb.int/report/ukraine/impact-healthcare-reform-primary-healthcare-level-conflict-affected-areas-donetsk-and (last visited 
Mar. 1, 2022).
    \36\ Emergency in Ukraine: External Situation Report #3, World 
Health Organization, Mar. 17, 2022, available at: https://www.who.int/publications/i/item/WHO-EURO-2022-5152-44915-63936 (last 
visited Mar. 25, 2022).
    \37\ ``Fear, darkness and newborn babies: Inside Ukraine's 
underground shelters'', The Guardian, Feb. 26, 2022, available at: 
https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters (last visited 
Mar. 1, 2022).
    \38\ ``We are devoted to this work because the health and lives 
of people are at stake'', United Nations Office of the High 
Commissioner Human Rights, Aug. 16, 2022, available at: https://www.ohchr.org/EN/NewsEvents/Pages/Ukraine-and-COVID-19.aspx (last 
visited Mar. 1, 2022).
    \39\ WHO Health Emergency Dashboard, WHO (COVID-19) Homepage--
Ukraine, WHO, available at: https://covid19.who.int/region/euro/country/ua (last visited Mar. 1, 2022).
    \40\ WHO Health Emergency Dashboard, WHO (COVID-19) Homepage--
Ukraine, WHO, available at: https://covid19.who.int/region/euro/country/ua (last visited Mar. 1, 2022).
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Displacement
    Prior to Russia's full-scale military invasion into Ukraine on 
February 24, 2022, a large number of Ukrainian citizens had already 
been internally displaced by the Russia-backed conflict in the Donbas 
region and Russia's occupation of Crimea since 2014.\41\ As of March 5, 
2021, well before the onset of the 2022 invasion by Russia, the 
Ukrainian Ministry of Social Policy had already registered 1,461,770 
individuals as internally displaced persons (IDPs).\42\ Among these 
nearly 1.5 million IDPs, 195,320 were children, 724,786 were elderly 
and 51,478 were persons with disabilities.\43\ Moreover, life in 
Ukraine for many IDPs was dire with an estimated 300,000 IDPs having 
been identified as in need of livelihood assistance and food assistance 
for the year 2022, even before the beginning of Russia's offensive in 
February.\44\
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    \41\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
    \42\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
    \43\ Registration of Internal Displacement, UNHCR, Mar. 5, 2021, 
available at: https://app.powerbi.com/view?r=eyJrIjoiY2RhMmExMjgtZWRlMS00YjcwLWI0MzktNmEwNDkwYzdmYTM0IiwidCI6ImU1YzM3OTgxLTY2NjQtNDEzNC04YTBjLTY1NDNkMmFmODBiZSIsImMiOjh9 (last 
visited Mar. 1, 2022).
    \44\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
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    The newly intensified and widespread conflict has caused more than 
four million people to flee Ukraine for Poland, Hungary, Slovakia, 
Romania, Moldova, and beyond.\45\ The United Nations notes that ``women 
and girls face higher risks of human rights violations and sexual 
exploitation and abuse, including transactional sex, survival sex and 
conflict-related sexual violence.'' \46\
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    \45\ Operational Data Portal, UNHCR, Mar. 30, 2022, available 
at: https://data2.unhcr.org/en/situations/ukraine (last visited Mar. 
31, 2022).
    \46\ Rapid Gender Analysis of Ukraine: Secondary data review, 
UNHCR, Mar. 29, 2022, https://data2.unhcr.org/en/documents/details/91723 (last visited Apr. 4, 2022).
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What authority does the Secretary have to designate Ukraine for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary,\47\ 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.\48\ The 
decision to designate any foreign state (or part thereof) is a 
discretionary decision, and there is no judicial review of any 
determination with respect to the designation, termination, or 
extension of a designation. See INA section 244(b)(5)(A); 8 U.S.C. 
1254a(b)(5)(A).\49\ 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).
---------------------------------------------------------------------------

    \47\ INA Sec.  244(b)(1) ascribes this power to the Attorney 
General. Congress transferred this authority from the Attorney 
General to the Secretary of Homeland Security. See Homeland Security 
Act of 2002, Public Law 107-296, 116 Stat. 2135.
    \48\ INA Sec.  244(b)(1) ascribes this power to the Attorney 
General. Congress transferred this authority from the Attorney 
General to the Secretary of Homeland Security. See Homeland Security 
Act of 2002, Public Law 107-296, 116 Stat. 2135. The Secretary may 
designate a country (or part of a country) for TPS on the basis of 
ongoing armed conflict such that returning would pose a serious 
threat to the personal safety of the country's nationals and 
habitual residents, environmental disaster (including an epidemic), 
or extraordinary and temporary conditions in the country that 
prevent the safe return of the country's nationals. For 
environmental disaster-based designations, certain other statutory 
requirements must be met, including that the foreign government must 
request TPS. A designation based on extraordinary and temporary 
conditions cannot be made if the Secretary finds that allowing the 
country's nationals to remain temporarily in the United States is 
contrary to the U.S. national interest. Id., at Sec.  244(b)(1).
    \49\ This issue of judicial review is the subject of litigation. 
See, e.g., Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition for 
en banc rehearing filed Nov. 30, 2020 (No. 18-16981); Saget v. 
Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019).
---------------------------------------------------------------------------

    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 continues to meet the conditions for TPS designation, 
the designation will be extended for an additional period of 6 months 
or, in the Secretary's discretion, 12 or 18 months. See INA section 
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary 
determines that the foreign state no longer meets the conditions for 
TPS designation, the Secretary must terminate the designation. See INA 
section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

[[Page 23215]]

Notice of the Designation of Ukraine for TPS

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate U.S. Government agencies, the statutory conditions 
supporting Ukraine's designation for TPS on the basis of ongoing armed 
conflict and extraordinary and temporary conditions are met. See INA 
section 244(b)(1)(A) and (C), 8 U.S.C. 1254a(b)(1)(A) and (C). I 
estimate approximately 59,600 individuals are eligible to apply for TPS 
under the designation of Ukraine. On the basis of this determination, I 
am designating Ukraine for TPS for 18 months, from April 19, 2022 
through October 19, 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

    To register for TPS based on the designation of Ukraine, you must 
submit a Form-821, Application for Temporary Protected Status and pay 
the filing fee or request a fee waiver, by submitting Form I-912, 
Request for Fee Waiver. 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.
    You are not required to submit Form I-765 or have an EAD but see 
below for more information if you want to work in the United States.
    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).

How can TPS beneficiaries 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 obtain an EAD, which proves their legal 
right to work. TPS applicants who want to obtain an EAD must file a 
Form I-765, Application for Employment Authorization and pay the Form 
I-765 fee or request a fee waiver, by submitting Form I-912, Request 
for Fee Waiver. 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.

Refiling an Initial 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 October 19, 2023. 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 Ukraine's 
designation to file Form I-821 and related requests for EADs online or 
by mail. When filing a TPS application, applicants can also request an 
EAD by submitting a completed Form I-765, Request for Employment 
Authorization, with their Form I-821.
    Online filing: Form I-821 and I-765 are available for concurrent 
filing online.\50\ To file these forms online, you must first create a 
USCIS online account.\51\
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    \50\ Find information about online filing at Forms Available to 
File Online, https://www.uscis.gov/file-online/forms-available-to-file-online.
    \51\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

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

Table 1--Mailing Addresses

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

[[Page 23216]]



                       Table 1--Mailing Addresses
------------------------------------------------------------------------
              If you . . .                        Mail to . . .
------------------------------------------------------------------------
Are a beneficiary under the TPS          USCIS Chicago Lockbox.
 designation for Ukraine and you live    U.S. Postal Service (USPS):
 in the following states:                 U.S. Citizenship and
<bullet> Alabama                          Immigration Services, Attn:
<bullet> Alaska                           TPS Ukraine, P.O. Box 4464,
<bullet> American Samoa                   Chicago, IL 60680-4464.
<bullet> Arizona                         FedEx, UPS, or DHL: U.S.
<bullet> Arkansas                         Citizenship and Immigration
<bullet> Colorado                         Services, Attn: TPS Ukraine
<bullet> Connecticut                      (Box 4464), 131 S Dearborn
<bullet> Delaware                         St., 3rd Floor, Chicago, IL
<bullet> District of Columbia             60603-5517.
<bullet> Florida
<bullet> Georgia
<bullet> Guam
<bullet> Hawaii
<bullet> Idaho
<bullet> Illinois
<bullet> Indiana
<bullet> Iowa
<bullet> Kansas
<bullet> Kentucky
<bullet> Louisiana
<bullet> Maine
<bullet> Maryland
<bullet> Massachusetts
<bullet> New York
<bullet> Ohio
Are a beneficiary under the TPS          USCIS Phoenix Lockbox.
 designation for Ukraine and you live    U.S. Postal Service (USPS):
 in the following states:                 U.S. Citizenship and
<bullet> California                       Immigration Services, Attn:
<bullet> New Jersey                       TPS Ukraine, P.O. Box 24047,
<bullet> Michigan                         Phoenix, AZ 85074-4047.
<bullet> Minnesota                       FedEx, UPS, or DHL: U.S.
<bullet> Mississippi                      Citizenship and Immigration
<bullet> Missouri                         Services, Attn: TPS Ukraine
<bullet> Montana                          (Box 24047), 1820 E Skyharbor
<bullet> Nebraska                         Circle S, Suite 100, Phoenix,
<bullet> Nevada                           AZ 85034-4850.
<bullet> New Hampshire
<bullet> New Mexico
<bullet> North Carolina
<bullet> North Dakota
<bullet> Northern Mariana Islands
<bullet> Oklahoma
<bullet> Oregon
<bullet> Pennsylvania
<bullet> Puerto Rico
<bullet> Rhode Island
<bullet> South Carolina
<bullet> South Dakota
<bullet> Tennessee
<bullet> Texas
<bullet> Utah
<bullet> Vermont
<bullet> Virgin Islands
<bullet> Virginia
<bullet> Washington
<bullet> West Virginia
<bullet> Wisconsin
<bullet> Wyoming
------------------------------------------------------------------------

    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 
(i.e., registering) for TPS on the USCIS website at uscis.gov/tps under 
``Ukraine.''

[[Page 23217]]

Travel

    TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion. You must file for travel 
authorization if you wish to travel outside the United States. If 
granted, travel authorization gives you permission to leave the United 
States and return during a specific period. To request travel 
authorization, you must file Form I-131, Application for Travel 
Document, available at www.uscis.gov/i-131. You may file Form I-131 
together with your Form I-821 or separately. When filing the Form I-
131, you must:
    <bullet> Select Item Number 1.d. in Part 2 on the Form I-131; and
    <bullet> Submit the fee for the Form I-131, or request a fee 
waiver, which you may submit on Form I-912, Request for Fee Waiver.
    If you are filing Form I-131 together with Form I-821, send your 
forms to the address listed in Table 1. If you are filing Form I-131 
separately based on a pending or approved Form I-821, send your form to 
the address listed in Table 2 and include a copy of Form I-797 for the 
approved or pending Form I-821.

                       Table 2--Mailing Addresses
------------------------------------------------------------------------
              If you . . .                        Mail to . . .
------------------------------------------------------------------------
Are filing Form I-131 together with a    The address provided in Table
 Form I-821, Application for Temporary    1.
 Protected Status.
Are filing Form I-131 based on a         USCIS Dallas Lockbox.
 pending or approved Form I-821, you     U.S. Postal Service (USPS):
 must include a copy of the receipt      U.S. Citizenship and
 notice (Form I-797C) showing we          Immigration Services, Attn: I-
 accepted or approved your Form I-821.    131 TPS, P.O. Box 660167,
                                          Dallas, TX 75266-0867.
                                         FedEx, UPS, or DHL: U.S.
                                          Citizenship and Immigration
                                          Services, Attn: I-131 TPS,
                                          2501 S State Hwy. 121
                                          Business, Ste. 400,
                                          Lewisville, TX 75067.
------------------------------------------------------------------------

Biometric Services Fee for TPS

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age and older. Those applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay the 
biometric services fee, you may request a fee waiver, which you may 
submit on Form I-912, Request for Fee Waiver. 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 last 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. 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 uscis.gov/I-9Central. An EAD is 
an acceptable document under List A.

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

    Yes, if you are eligible for TPS, you can obtain a new TPS-based 
EAD, 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 October 19, 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 Ukrainian 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 receipt. 
Employers need not reverify List B identity documents. Employers may 
not request proof of Ukrainian citizenship or proof of registration for 
TPS when completing Form I-9 for new hires or reverifying the 
employment authorization of current employees. 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.

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

[[Page 23218]]

supersede or in any way limit applicable employment verification rules 
and policy guidance, including those rules setting forth reverification 
requirements. For general questions about the employment eligibility 
verification process, employers may call USCIS at 888-464-4218 (TTY 
877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#95dcb8acd6f0fbe1e7f4f9d5e0e6f6fce6bbf1fde6bbf2fae3"><span class="__cf_email__" data-cfemail="6f2642562c0a011b1d0e032f1a1c0c061c410b071c41080019">[email protected]</span></a>. USCIS accepts 
calls and emails in English and many other languages. For questions 
about avoiding discrimination during the employment eligibility 
verification process (Form I-9 and E-Verify), employers may call the 
U.S. Department of Justice, Civil Rights Division, Immigrant and 
Employee Rights Section (IER) Employer Hotline at 800-255-8155 (TTY 
800-237-2515). IER offers language interpretation in numerous 
languages. Employers may also email IER at <a href="/cdn-cgi/l/email-protection#6b222e392b1e180f0401450c041d"><span class="__cf_email__" data-cfemail="044d4156447177606b6e2a636b72">[email protected]</span></a>.

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at <a href="/cdn-cgi/l/email-protection#460f6b7f0523283234272a063335252f3568222e3568212930"><span class="__cf_email__" data-cfemail="347d190d77515a40465558744147575d471a505c471a535b42">[email protected]</span></a>. 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 E-Verify. 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 E-Verify 
procedures is available on the IER website at justice.gov/ierandtheUSCISandE-Verifywebsitesatuscis.gov/i-9-central and e-verify.gov.

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

    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 or C19 EAD to prove that they have TPS. 
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 covered under 
TPS or show you are authorized to work based on TPS. Examples of such 
documents are:
    <bullet> Your new EAD with a category code of A12 or C19 for TPS, 
regardless of your country of birth;
    <bullet> A copy of your Form I-94, Arrival/Departure Record; or
    <bullet> Form I-797, the notice of approval, for your Form I-821, 
Application for Temporary Protected Status, 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 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 final SAVE response is correct, please see the SAVE 
Records: Fast Facts For Benefit Applicants sheet under SAVE Resources 
at https://www.uscis.gov/save/save-resources for information about how 
to correct or update your immigration record.

[FR Doc. 2022-08390 Filed 4-18-22; 8:45 am]
BILLING CODE 9111-97-P


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