[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Notices]
[Pages 4045-4051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01387]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2576-15; DHS Docket No. USCIS-2014-0003]
RIN 1615-ZB45


Extension of the Designation of Sudan for Temporary Protected 
Status

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Sudan for Temporary Protected Status (TPS) 
for 18 months, from May 3, 2016 through November 2, 2017.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS through November 2, 2017, so long as they otherwise continue to 
meet the eligibility requirements for TPS. The Secretary has determined 
that an extension is warranted because the conditions in Sudan that 
prompted the 2013 TPS redesignation continue to be met. Sudan continues 
to experience ongoing armed conflict and extraordinary and temporary 
conditions within the country that prevent its nationals from returning 
to Sudan in safety.
    Through this Notice, DHS also sets forth procedures necessary for 
eligible nationals of Sudan (or aliens having no nationality who last 
habitually resided in Sudan) to re-register for TPS and to apply for 
renewal of their Employment Authorization Documents (EADs) with U.S. 
Citizenship and Immigration Services (USCIS). Re-registration is 
limited to persons who have previously registered for TPS under the 
designation of Sudan and whose applications have been granted. Certain 
nationals of Sudan (or aliens having no nationality who last habitually 
resided in Sudan) who have not previously applied for TPS may be 
eligible to apply under the late initial registration provisions if 
they meet (1) at least one of the late initial filing criteria, and (2) 
all TPS eligibility criteria (including continuous residence in the 
United States since January 9, 2013, and continuous physical presence 
in the United States since May 3, 2013).
    For individuals who have already been granted TPS under Sudan's 
designation, the 60-day re-registration period runs from January 25, 
2016 through March 25, 2016. USCIS will issue new EADs with a November 
2, 2017 expiration date to eligible Sudan TPS beneficiaries who timely 
re-register and apply for EADs under this extension. Given the 
timeframes involved with processing TPS re-registration applications, 
DHS recognizes that not all re-registrants will receive new EADs before 
their current EADs expire on May 2, 2016. Accordingly, through this 
Notice, DHS automatically extends the validity of EADs issued under the 
TPS designation of Sudan for 6 months, through November 2, 2016, and 
explains how TPS beneficiaries and their employers may determine which 
EADs are automatically extended and their impact on Employment 
Eligibility Verification (Form I-9) and the E-Verify processes.

DATES: The 18-month extension of the TPS designation of Sudan is 
effective May 3, 2016, and will remain in effect through November 2, 
2017. The 60-day re-registration period runs from January 25, 2016 
through March 25, 2016. (Note: It is important for re-registrants to 
timely re-register during this 60-day period and not to wait until 
their EADs expire.)

FOR FURTHER INFORMATION CONTACT: 
    <bullet> For further information on TPS, including guidance on the 
application

[[Page 4046]]

process and additional information on eligibility, please visit the 
USCIS TPS Web page at http://www.uscis.gov/tps.
    You can find specific information about Sudan's TPS extension by 
selecting ``Sudan'' from the menu on the left side of the TPS Web page.
    <bullet> For questions concerning this FRN, you can also contact 
the U.S. Citizenship and Immigration Services, Department of Homeland 
Security, 20 Massachusetts Avenue NW, Washington, DC 20529-2060; or by 
phone at (202) 272-1533 (this is not a toll-free number). Note: The 
phone number provided here is solely for questions regarding this TPS 
Notice. It is not for individual case status inquires.
    <bullet> Applicants seeking information about the status of their 
individual cases can check Case Status Online, available at the USCIS 
Web site at https://egov.uscis.gov/casestatus/landing.do or call the 
USCIS National Customer Service Center at 800-375-5283 (TTY 800-767-
1833).
    <bullet> 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
DHS Department of Homeland Security
DOS Department of State
EAD Employment Authorization Document
FNC Final Nonconfirmation
Government U.S. Government
GOS Government of Sudan
IDP Internally Displaced Person
IJ Immigration Judge
INA Immigration and Nationality Act
NGO Non-Governmental Organizations
OCHA UN Office for the Coordination of Humanitarian Affairs
OSC U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
SAF Sudanese Armed Forces
SAVE USCIS Systematic Alien Verification for Entitlements Program
Secretary Secretary of Homeland Security
SPLM-N Sudan People's Liberation Movement-North
TNC Tentative Nonconfirmation
TPS Temporary Protected Status
TTY Text Telephone
UN United Nations
USCIS U.S. Citizenship and Immigration Services
UNICEF UN International Children's Emergency Fund

What is Temporary Protected Status (TPS)?

    <bullet> TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the Immigration and 
Nationality Act (INA), or to eligible persons without nationality who 
last habitually resided in the designated country.
    <bullet> During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to work and 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> The granting of TPS does not result in or lead to 
permanent resident status.
    <bullet> To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(2), 8 U.S.C. 1254a(c)(2).
    <bullet> When the Secretary terminates a country's TPS designation, 
beneficiaries return to the same immigration status they maintained 
before TPS, if any (unless that status has since expired or been 
terminated), or to any other lawfully obtained immigration status they 
received while registered for TPS.

When was Sudan designated for TPS?

    On November 4, 1997, the Attorney General designated Sudan for TPS 
due to ongoing armed conflict and extraordinary and temporary 
conditions within Sudan. See Designation of Sudan Under Temporary 
Protected Status, 62 FR 59737 (Nov. 4, 1997). Following the initial 
designation, the Attorney General and, later, the Secretary have 
extended TPS and/or redesignated Sudan for TPS a total of 14 times. In 
2013, the Secretary both extended Sudan's designation and redesignated 
Sudan for TPS for 18 months through November 2, 2014. See Extension and 
Redesignation of Sudan for Temporary Protected Status, 78 FR 1872 (Jan. 
9, 2013). This announcement is the second extension of the TPS 
designation for Sudan since the 2013 extension and redesignation.

What authority does the Secretary have to extend the designation of 
Sudan for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government (Government), to designate a foreign state (or part thereof) 
for TPS if the Secretary determines that certain country conditions 
exist.\1\ The Secretary may then grant TPS to eligible nationals of 
that foreign state (or eligible aliens having no nationality who last 
habitually resided in the designated country). See INA section 
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to DHS ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security 
Act of 2002, tit. XV, section 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in a 
foreign state designated for TPS to determine whether the conditions 
for the TPS designation continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that 
a foreign state continues to meet the conditions for TPS designation, 
the designation may be extended for an additional period of 6, 12, or 
18 months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(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).

Why is the Secretary extending the TPS designation for Sudan through 
November 2, 2017?

    DHS and the Department of State (DOS) have reviewed conditions in 
Sudan. Based on the reviews and after consulting with DOS, the 
Secretary has determined that an 18-month extension is warranted 
because the conditions supporting Sudan's designation for TPS continue 
to exist.
    The political and humanitarian situation in Sudan continues to be 
volatile and dangerous with internal armed conflicts in Darfur and in 
the Two Areas (South Kordofan and Blue Nile states). Reports of 
violations and abuses of human rights and violations of international 
humanitarian law persist, with those reports indicating that such 
violations and abuses have been largely perpetrated by the Sudanese 
government forces and pro-government militias against civilians.
    Since 2003, the Government of Sudan (GOS) and armed opposition 
groups have fought in Darfur. In 2014, the GOS deployed a new 
paramilitary force in Darfur known as the Rapid Support Forces, after 
which displacement in the region increased. This upsurge correlated 
with the GOS' declared ``Decisive Summer Campaign'' that began in April 
2014, through which the GOS sought to eradicate all armed rebellion 
within the country. The campaign was renewed in December 2014 and has 
continued into 2015, with the GOS proclaiming expected

[[Page 4047]]

widespread civilian displacement, especially within the Two Areas.
    In its 12th year, the Darfur conflict is widespread and 
unpredictable. Darfur has witnessed an increase in criminal activity 
and intertribal conflict. Clashes between the Sudanese Armed Forces 
(SAF) and armed opposition groups, as well as intertribal fighting, 
displaced approximately 430,000 people in 2014. The United Nations (UN) 
Office for the Coordination of Humanitarian Affairs (OCHA) reported 
that an estimated 143,000 persons were displaced between January and 
May 2015, bringing the total number of internally displaced persons 
(IDPs) in the Darfur region to approximately 2.5 million.
    In the Two Areas, the SAF continued to fight the Sudan People's 
Liberation Movement-North (SPLM-N) for control over towns, military 
strongholds, and supply routes. According to Amnesty International, 
Sudanese forces have employed indiscriminate aerial bombardment and 
shelling of villages in the region. The SAF reportedly has carried out 
sustained aerial bombardments in and around Kauda, a major town in 
Heiban County, as well as aerial bombardments and shelling in Um Dorein 
and Delami counties, destroying schools, clinics, hospitals, and other 
buildings, and forcing people to flee their homes. Reports indicated an 
estimated 1.7 million IDPs in both government and SPLM-N controlled 
territories, roughly half of the total population in both areas. In 
March 2015, OCHA reported that, due to the ongoing armed conflict, at 
least 250,000 Sudanese had fled from the Two Areas to South Sudan and 
Ethiopia.
    A determination of the status of the disputed Abyei area remains 
elusive. The governments of Sudan and South Sudan withdrew their forces 
from Abyei in 2012. The UN Interim Security Force for Abyei maintains 
an uneasy peace, but the potential for a return to violence remains.
    Reports of human rights violations and abuses in Sudan are 
widespread, including those involving extrajudicial and other unlawful 
killings. The GOS continued to abuse members of certain populations, 
including journalists, political opposition, civil society, and ethnic 
and religious minority groups.
    Sudan's operating environment for non-governmental organizations 
(NGOs) remains challenging primarily because of restrictions or bans on 
NGO operations and the movements of their workers, particularly in the 
conflict-affected areas of Darfur and the Two Areas. The GOS' 
``Decisive Summer Campaign'' has also eroded the existing but limited 
health services in the Two Areas.
    UN figures indicate that approximately 6.9 million people are in 
need of humanitarian assistance in Sudan. According to the UN 
International Children's Emergency Fund (UNICEF), Sudan continues to be 
one of the worst crises for children in the world today. There are 3.24 
million children targeted for humanitarian assistance by the UN's 
Humanitarian Response Plan in 2015. UNICEF reported that approximately 
2 million children are suffering from malnutrition, of which 
approximately 550,000 are suffering from severe acute malnutrition.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
    <bullet> The conditions that prompted the 2013 redesignation of 
Sudan for TPS continue to be met. See INA section 244(b)(3)(A) and (C), 
8 U.S.C. 1254a(b)(3)(A) and (C).
    <bullet> There continues to be ongoing armed conflict in Sudan and, 
due to such conflict, requiring the return of Sudanese nationals (or 
aliens having no nationality who last habitually resided in Sudan) to 
Sudan would pose a serious threat to their personal safety. See INA 
section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
    <bullet> There continue to be extraordinary and temporary 
conditions in Sudan that prevent Sudanese nationals (or aliens having 
no nationality who last habitually resided in Sudan) from returning to 
Sudan in safety. See INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
    <bullet> It is not contrary to the national interest of the United 
States to permit Sudanese nationals (or aliens having no nationality 
who last habitually resided in Sudan) who meet the eligibility 
requirements of TPS to remain in the United States temporarily. See INA 
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
    <bullet> The designation of Sudan for TPS should be extended for an 
18-month period from May 3, 2016 through November 2, 2017. See INA 
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
    <bullet> There are approximately 450 current Sudan TPS 
beneficiaries who are expected to file for re-registration under the 
extension.

Notice of Extension of the TPS Designation of Sudan

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate Government agencies, that the conditions that prompted the 
redesignation of TPS for Sudan in 2013 continue to be met. See INA 
section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this 
determination, I am extending the existing designation of TPS for Sudan 
for 18 months, from May 3, 2016 through November 2, 2017. See INA 
section 244(b)(1)(A), (b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(A), 
(b)(1)(C), and (b)(2).

Jeh Charles Johnson,
Secretary.

Required Application Forms and Application Fees To Register or Re-
Register for TPS

    To register or re-register for TPS based on the designation of 
Sudan, you must submit each of the following applications:
    1. Application for Temporary Protected Status (Form I-821).
    <bullet> If you are filing an application for late initial 
registration, you must pay the fee for the Application for Temporary 
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and 
information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
    <bullet> If you are filing an application for re-registration, you 
do not need to pay the fee for the Application for Temporary Protected 
Status (Form I-821). See 8 CFR 244.17.
    2. Application for Employment Authorization (Form I-765).
    <bullet> If you are applying for late initial registration and want 
an EAD, you must pay the fee for the Application for Employment 
Authorization (Form I-765) only if you are age 14 through 65. You do 
not need to pay the Application for Employment Authorization (Form I-
765) fee if you are under the age of 14 or are 66 and older, applying 
for late initial registration and you want an EAD.
    <bullet> If you are applying for re-registration, you must pay the 
fee for the Application for Employment Authorization (Form I-765), 
regardless of your age, if you want an EAD.
    <bullet> You do not pay the fee for the Application for Employment 
Authorization (Form I-765) if you are not requesting an EAD, regardless 
of whether you are applying for late initial registration or re-
registration.
    You must submit both completed application forms together. If you 
are unable to pay the application forms fee and/or biometrics fee, you 
may complete a Request for Fee Waiver (Form I-912) or submit a personal 
letter requesting a fee waiver with satisfactory

[[Page 4048]]

supporting documentation. For more information on the application forms 
and fees for TPS, please visit the USCIS TPS Web page at http://www.uscis.gov/tps. Fees for the Application for Temporary Protected 
Status (Form I-821), the Application for Employment Authorization (Form 
I-765), and biometric services are also described in 8 CFR 103.7(b).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years and older. Those applicants must submit a biometric services 
fee. As previously stated, if you are unable to pay for the biometric 
services fee, you may complete a Request for Fee Waiver (Form I-912) or 
submit a personal letter requesting a fee waiver with satisfactory 
supporting documentation. For more information on the biometric 
services fee, please visit the USCIS Web site at http://www.uscis.gov. 
If necessary, you may be required to visit an Application Support 
Center to have your biometrics captured.

Re-Filing a Re-Registration TPS Application After Receiving a Denial of 
a Fee Waiver Request

    You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any 
EAD promptly. Filing early will also allow you to have time to re-file 
your application before the deadline, should USCIS deny your fee waiver 
request. If, however, you receive a denial of your fee waiver request 
and are unable to re-file by the re-registration deadline, you may 
still re-file your application. This situation will be reviewed to 
determine whether you established good cause for late re-registration. 
However, you are urged to re-file within 45 days of the date on any 
USCIS fee waiver denial notice, if possible. See INA section 
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more 
information on good cause for late re-registration, visit the USCIS TPS 
Web page at http://www.uscis.gov/tps.

    Note:  Although a re-registering TPS beneficiary age 14 and 
older must pay the biometric services fee (but not the initial TPS 
application fee) when filing a TPS re-registration application, you 
may decide to wait to request an EAD, and therefore not pay the 
Application for Employment Authorization (Form I-765) fee until 
after USCIS has approved your TPS re-registration, if you are 
eligible. If you choose to do this, you would file the Application 
for Temporary Protected Status (Form I-821) with the fee and the 
Application for Employment Authorization (Form I-765) without the 
fee and without requesting an EAD.

Mailing Information

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

                       Table 1--Mailing Addresses
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                If . . .                          Mail to . . .
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You are applying through the U.S.        USCIS, Attn: TPS Sudan, P.O.
 Postal Service.                          Box 6943, Chicago, IL 60680-
                                          6943.
You are using a non-U.S. Postal Service  USCIS, Attn: TPS Sudan, 131 S.
 delivery service.                        Dearborn Street, 3rd Floor,
                                          Chicago, IL 60603-5517.
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    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the 
BIA, please mail your application to the appropriate mailing address in 
Table 1. When submitting a re-registration and/or 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 aid in the 
verification of your grant of TPS and processing of your application, 
as USCIS may not have received records of your grant of TPS by either 
the IJ or the BIA. To get additional information, including the email 
address of the appropriate Service Center, you may go to the USCIS TPS 
Web page at http://www.uscis.gov/tps.

E-Filing

    You cannot electronically file your application when re-registering 
or submitting an initial registration for Sudan TPS. Please mail your 
application to the mailing address listed in Table 1.

Supporting Documents

    The filing instructions on the Application for Temporary Protected 
Status (Form I-821) list all the documents needed to establish basic 
eligibility for TPS. You must also submit two color passport-style 
photographs of yourself. You may also find information on the 
acceptable documentation and other requirements for applying or 
registering for TPS on the USCIS Web site at www.uscis.gov/tps under 
``Sudan.''

Do I need to submit additional supporting documentation?

    If one or more of the questions listed in Part 4, Question 2 of the 
Application for Temporary Protected Status (Form I-821) applies to you, 
then you must submit an explanation on a separate sheet(s) of paper 
and/or additional documentation.

Employment Authorization Document (EAD)

How can I obtain information on the status of my EAD request?

    To get case status information about your TPS application, 
including the status of a request for an EAD, you can check Case Status 
Online at http://www.uscis.gov, or call the USCIS National Customer 
Service Center at 800-375-5283 (TTY 800-767-1833). If your Application 
for Employment Authorization (Form I-765) has been pending for more 
than 90 days, and you still need assistance, you may request an EAD 
inquiry appointment with USCIS by using the InfoPass system at https://infopass.uscis.gov. However, we strongly encourage you first to check 
Case Status Online or call the USCIS National Customer Service Center 
for assistance before making an InfoPass appointment.

Am I eligible to receive an automatic 6-month extension of my current 
EAD through November 2, 2016?

    Provided that you currently have TPS under the designation of 
Sudan, this Notice automatically extends your EAD by 6 months if you:
    <bullet> Are a national of Sudan (or an alien having no nationality 
who last habitually resided in Sudan);
    <bullet> Received an EAD under the last extension of TPS for Sudan; 
and
    <bullet> Have an EAD with a marked expiration date of May 2, 2016, 
bearing the notation ``A-12'' or ``C-19'' on the face of the card under 
``Category.''
    Although this Notice automatically extends your EAD through 
November 2, 2016, you must re-register timely for TPS in accordance 
with the procedures described in this Notice if you would like to 
maintain your TPS.

[[Page 4049]]

When hired, what documentation may I show to my employer as proof of 
employment authorization and identity when completing Employment 
Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Employment Eligibility Verification (Form 
I-9). You can find additional detailed information on the USCIS I-9 
Central Web page at http://www.uscis.gov/I-9Central. Employers are 
required to verify the identity and employment authorization of all new 
employees by using Employment Eligibility Verification (Form I-9). 
Within 3 days of being hired, you must present proof of identity and 
employment authorization to your employer.
    You may present any document from List A (reflecting both your 
identity and employment authorization) or one document from List B 
(reflecting identity) together with one document from List C 
(reflecting employment authorization). An EAD is an acceptable document 
under ``List A.'' You may present an acceptable receipt for a List A, 
List B, or List C document as described in the Employment Eligibility 
Verification (Form I-9) Instructions. An acceptable receipt is one that 
shows an employee has applied to replace a document that was lost, 
stolen or damaged. If you present an acceptable receipt, you must 
present your employer with the actual document within 90 days. 
Employers may not reject a document based on a future expiration date.
    If your EAD has an expiration date of May 2, 2016, and states ``A-
12'' or ``C-19'' under ``Category,'' it has been extended automatically 
for 6 months by virtue of this Federal Register Notice, and you may 
choose to present your EAD to your employer as proof of identity and 
employment authorization for Employment Eligibility Verification (Form 
I-9) through November 2, 2016 (see the subsection titled ``How do my 
employer and I complete the Employment Eligibility Verification (Form 
I-9) using an automatically extended EAD for a new job?'' for further 
information). To minimize confusion over this extension at the time of 
hire, you should explain to your employer that USCIS has automatically 
extended your EAD through November 2, 2016, based on your Temporary 
Protected Status. You are also strongly encouraged, although not 
required, to show your employer a copy of this Federal Register Notice 
confirming the automatic extension of employment authorization through 
November 2, 2016. As an alternative to presenting your automatically 
extended EAD, you may choose to present any other acceptable document 
from List A, or a combination of one selection from List B and one 
selection from List C.

What documentation may I show my employer if I am already employed but 
my current TPS-related EAD is set to expire?

    Even though EADs with an expiration date of May 2, 2016, that state 
``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended for 6 months by this Federal Register Notice, your employer 
will need to ask you about your continued employment authorization once 
May 2, 2016 is reached to meet its responsibilities for Employment 
Eligibility Verification (Form I-9). Your employer does not need to 
complete a new Employment Eligibility Verification (Form I-9) to 
reverify your employment authorization until November 2, 2016, the 
expiration date of the automatic extension, but may need to reinspect 
your automatically extended EAD to check the expiration date and code 
to record the updated expiration date on your Employment Eligibility 
Verification (Form I-9) if your employer did not keep a copy of this 
EAD at the time you initially presented it. You and your employer must 
make corrections to the employment authorization expiration dates in 
Section 1 and Section 2 of Employment Eligibility Verification (Form I-
9) (see the subsection titled ``What corrections should my current 
employer and I make to Employment Eligibility Verification (Form I-9) 
if my EAD has been automatically extended?'' for further information). 
You are also strongly encouraged, although not required, to show this 
Federal Register Notice to your employer to explain what to do for 
Employment Eligibility Verification (Form I-9).
    By November 2, 2016, the expiration date of the automatic 
extension, your employer must reverify your employment authorization. 
At that time, you must present any unexpired document from List A or 
any unexpired document from List C on Employment Eligibility 
Verification (Form I-9) to reverify employment authorization, or an 
acceptable List A or List C receipt described in the Employment 
Eligibility Verification (Form I-9) instructions. Your employer is 
required to reverify on Employment Eligibility Verification (Form I-9) 
the employment authorization of current employees upon the 
automatically extended expiration date of a TPS-related EAD, which is 
November 2, 2016, in this case. Your employer should use either Section 
3 of the Employment Eligibility Verification (Form I-9) originally 
completed for the employee or, if this section has already been 
completed or if the version of Employment Eligibility Verification 
(Form I-9) is no longer valid, complete Section 3 of a new Employment 
Eligibility Verification (Form I-9) using the most current version. 
Note that your employer may not specify which List A or List C document 
employees must present, and cannot reject an acceptable receipt. An 
acceptable receipt is one that shows an employee has applied to replace 
a document that was lost, stolen or damaged.

Can my employer require that I produce any other documentation to prove 
my current TPS status, such as proof of my Sudanese citizenship or 
proof that I have re-registered for TPS?

    No. When completing Employment Eligibility Verification (Form I-9), 
including reverifying employment authorization, employers must accept 
any documentation that appears on the ``Lists of Acceptable Documents'' 
for Employment Eligibility Verification (Form I-9) that reasonably 
appears to be genuine and that relates to you or an acceptable List A, 
List B, or List C receipt. Employers may not request documentation that 
does not appear on the ``Lists of Acceptable Documents.'' Therefore, 
employers may not request proof of Sudanese citizenship or proof of re-
registration for TPS when completing Employment Eligibility 
Verification (Form I-9) for new hires or reverifying the employment 
authorization of current employees. Refer to the ``Note to Employees'' 
section of this 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 that 
although you are not required to provide your employer with a copy of 
this Federal Register Notice, you are strongly encouraged to do so to 
help avoid confusion.

What happens after November 2, 2016 for purposes of employment 
authorization?

    After November 2, 2016, employers may no longer accept the EADs 
that this Federal Register Notice automatically extended. Before that 
time, however, USCIS will work to issue new EADs to eligible TPS re-
registrants who request them. These new EADs should have an

[[Page 4050]]

expiration date of November 2, 2017 and can be presented to your 
employer for completion of Employment Eligibility Verification (Form I-
9). Alternatively, you may choose to present any other legally 
acceptable document or combination of documents listed on the 
Employment Eligibility Verification (Form I-9).

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) using an automatically extended EAD for a new job?

    When using an automatically extended EAD to complete Employment 
Eligibility Verification (Form I-9) for a new job before November 2, 
2016, you and your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Write the automatically extended EAD expiration date (November 
2, 2016) in the first space; and
    c. Write your alien number (USCIS number or A-number) in the second 
space (your EAD or other document from DHS will have your USCIS number 
or A-number printed on it; the USCIS number is the same as your A-
number without the A prefix).
    2. For Section 2, employers should record the:
    a. Document title;
    b. Issuing authority;
    c. Document number; and
    d. Automatically extended EAD expiration date (November 2, 2016).
    By November 2, 2016, employers must reverify the employee's 
employment authorization in Section 3 of the Employment Eligibility 
Verification (Form I-9).

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my EAD has been automatically 
extended?

    If you are an existing employee who presented a TPS-related EAD 
that was valid when you first started your job but that EAD has now 
been automatically extended, your employer may reinspect your 
automatically extended EAD if the employer does not have a photocopy of 
the EAD on file, and you and your employer should correct your 
previously completed Employment Eligibility Verification (Form I-9) as 
follows:
    1. For Section 1, you should:
    a. Draw a line through the expiration date in the first space;
    b. Write ``November 2, 2016'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 1; and
    d. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Draw a line through the expiration date written in Section 2;
    b. Write ``November 2, 2016'' above the previous date;
    c. Write ``EAD Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By November 2, 2016, when the automatic extension of EADs expires, 
employers must reverify the employee's employment authorization in 
Section 3.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiration'' alert for an automatically 
extended EAD?

    If you are an employer who participates in E-Verify and you have an 
employee who is a TPS beneficiary who provided a TPS-related EAD when 
he or she first started working for you, you will receive a ``Work 
Authorization Documents Expiring'' case alert when this EAD is about to 
expire. Usually, this message is an alert to complete Section 3 of the 
Employment Eligibility Verification (Form I-9) to reverify an 
employee's employment authorization. For existing employees with TPS-
related EADs that have been automatically extended, employers should 
dismiss this alert by clicking the red ``X'' in the ``dismiss alert'' 
column and follow the instructions above explaining how to correct the 
Employment Eligibility Verification (Form I-9). By November 2, 2016, 
employment authorization must be reverified in Section 3. Employers 
should never use E-Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This 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 <a href="/cdn-cgi/l/email-protection#d79efaee94b2b9a3a5b6bb97b3bfa4f9b0b8a1"><span class="__cf_email__" data-cfemail="a8e18591ebcdc6dcdac9c4e8ccc0db86cfc7de">[email protected]</span></a>. Calls and emails are 
accepted in English and many other languages. For questions about 
avoiding discrimination during the employment eligibility verification 
process, employers may also call the U.S. Department of Justice, Office 
of Special Counsel for Immigration-Related Unfair Employment Practices 
(OSC) Employer Hotline, at 800-255-8155 (TTY 800-237-2515), which 
offers language interpretation in numerous languages, or email OSC at 
<a href="/cdn-cgi/l/email-protection#422d3121213036023731262d286c252d34"><span class="__cf_email__" data-cfemail="f6998595958482b6838592999cd8919980">[email protected]</span></a>.

Note to Employees

    For general questions about the employment eligibility verification 
process, you may call USCIS at 888-897-7781 (TTY 877-875-6028) or email 
<a href="/cdn-cgi/l/email-protection#80c9adb9c3e5eef4f2e1ecc0e4e8f3aee7eff6"><span class="__cf_email__" data-cfemail="155c382c56707b6167747955717d663b727a63">[email protected]</span></a>. Calls are accepted in English and many other 
languages. You may also call the OSC Worker Information Hotline at 800-
255-7688 (TTY 800-237-2515) for information regarding employment 
discrimination based upon citizenship status, immigration status, or 
national origin, or for information regarding discrimination related to 
Employment Eligibility Verification (Form I-9) and E-Verify. The OSC 
Worker Information 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 described 
in the Employment Eligibility Verification (Form I-9) Instructions. 
Employers may not require extra or additional documentation beyond what 
is required for Employment Eligibility Verification (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 Employment Eligibility 
Verification (Form I-9) differs from Federal or state government 
records.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against you based on your 
decision to contest a TNC or because the case is still pending with E-
Verify. A Final Nonconfirmation (FNC) case result is received when E-
Verify cannot verify your 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). If you believe you were discriminated against 
by an employer in the E-Verify process based on citizenship or 
immigration status or based on national origin, you may contact OSC's 
Worker

[[Page 4051]]

Information Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Employment Eligibility 
Verification (Form I-9) and E-Verify procedures is available on the OSC 
Web site at http://www.justice.gov/crt/about/osc/ and the USCIS Web 
site at http://www.dhs.gov/E-verify.

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

    While Federal Government agencies must follow the guidelines laid 
out by the Federal Government, State and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each State may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, State, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples are:
    (1) Your unexpired EAD;
    (2) A copy of this Federal Register Notice if your EAD is 
automatically extended under this Notice;
    (3) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration;
    (4) A copy of your past or current Application for Temporary 
Protected Status Approval Notice (Form I-797), if you received one from 
USCIS; and/or
    (5) If there is an automatic extension of work authorization, a 
copy of the fact sheet from the USCIS TPS Web site that provides 
information on the automatic extension.
    Check with the government agency regarding which document(s) the 
agency will accept. You may also provide the agency with a copy of this 
Federal Register Notice.
    Some benefit-granting agencies use the USCIS Systematic Alien 
Verification for Entitlements Program (SAVE) to verify the current 
immigration status of applicants for public benefits. If such an agency 
has denied your application based solely or in part on a SAVE response, 
the agency must offer you the opportunity to appeal the decision in 
accordance with the agency's procedures. If the agency has received and 
acted upon or will act upon a SAVE verification and you do not believe 
the response is correct, you may make an InfoPass appointment for an 
in-person interview at a local USCIS office. Detailed information on 
how to make corrections, make an appointment, or submit a written 
request to correct records under the Freedom of Information Act can be 
found at the SAVE Web site at http://www.uscis.gov/save, then by 
choosing ``How to Correct Your Records'' from the menu on the right.

[FR Doc. 2016-01387 Filed 1-22-16; 8:45 am]
BILLING CODE 9111-97-P


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