Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Notices 4045 

http://www.dhs.gov/foia or 1–866–431– 

0486. In addition, you should: 

• Explain why you believe the 

Department would have information on 

you; 

• Identify which Component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

records would have been created; and 

• Provide any other information that 

will help the FOIA staff determine 

which DHS Component agency may 

have responsive records. 

If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without the above information, CBP 

may not be able to conduct an effective 

search, and your request may be denied 

due to lack of specificity or lack of 

compliance with applicable regulations. 

In processing requests for access to 

information in this system, CBP will 

review the records in the operational 

system and coordinate with DHS to 

address access to records on the DHS 

unclassified and classified networks. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

DHS/CBP collects information from 

individuals who arrive in, depart from, 

or transit through the United States. 

This system also collects information 

from carriers that operate vessels, 

vehicles, aircraft, or trains that enter or 

exit the United States, including private 

aircraft operators. Lastly, BCI receives 

border crossing information received 

from CBSA. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

No exemption shall be asserted with 

respect to information maintained in the 

system that is collected from a person at 

the time of crossing and submitted by 

that person’s air, sea, bus, or rail carriers 

if that person, or his or her agent, seeks 

access or amendment of such 

information. 

The Privacy Act, however, requires 

DHS to maintain an accounting of the 

disclosures made pursuant to all 

routines uses. Disclosing the fact that a 

law enforcement or intelligence agency 

has sought particular records may affect 

ongoing law enforcement activities. The 

Secretary of Homeland Security, 

pursuant to 5 U.S.C. 552a(j)(2), 

exempted this system from the 

following provisions of the Privacy Act: 

Sections (c)(3), (e)(8), and (g) of the 

Privacy Act of 1974, as amended, as is 

necessary and appropriate to protect 

this information. Further, DHS has 

exempted section (c)(3) of the Privacy 

Act of 1974, as amended, pursuant to 5 

U.S.C. 552a(k)(2) as is necessary and 

appropriate to protect this information. 

Additionally, this system contains 

records or information recompiled from 

or created from information contained 

in other systems of records that are 

exempt from certain provision of the 

Privacy Act. This system also contains 

accountings of disclosures made with 

respect to information maintained in the 

system. For these records or information 

only, in accordance with 5 U.S.C. 

552a(j)(2) and (k)(2), DHS will also 

claim the original exemptions for these 

records or information from subsections 

(c)(3) and (4); (d)(1), (2), (3), and (4); 

(e)(1), (2), (3), (4)(G) through (I), (5), and 

(8); (f); and (g) of the Privacy Act of 

1974, as amended, as necessary and 

appropriate to protect such information. 

Dated: January 14, 2016. 

Karen L. Neuman, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2016–01331 Filed 1–22–16; 8:45 am] 

BILLING CODE 9111–14–P 

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. 

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 reregistration 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: 

• For further information on TPS, 

including guidance on the application 


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

1517 of title XV of the Homeland Security Act of 

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

reference to the Attorney General in a provision of 

the INA describing functions transferred from the 

Department of Justice to DHS ‘‘shall be deemed to 

refer to the Secretary’’ of Homeland Security. See 

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

of 2002, tit. XV, section 1517). 

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. 

• 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. 

• 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). 

• 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)? 

• 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. 

• 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. 

• TPS beneficiaries may also apply 

for and be granted travel authorization 

as a matter of discretion. 

• The granting of TPS does not result 

in or lead to permanent resident status. 

• To qualify for TPS, beneficiaries 

must meet the eligibility standards at 

INA section 244(c)(2), 8 U.S.C. 

1254a(c)(2). 

• 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). 

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 


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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 conflictaffected 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: 

• 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). 

• 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). 

• 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). 

• 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). 

• 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). 

• 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 ReRegister 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). 

• 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. 

• 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). 

• 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. 

• If you are applying for reregistration, you must pay the fee for the 

Application for Employment 

Authorization (Form I–765), regardless 

of your age, if you want an EAD. 

• 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 


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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 reregistration deadline, you may still refile your application. This situation will 

be reviewed to determine whether you 

established good cause for late reregistration. 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 reregistration 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

If . . . Mail to . . . 

You are applying through the U.S. Postal Service .................................. USCIS, Attn: TPS Sudan, P.O. Box 6943, Chicago, IL 60680–6943. 

You are using a non-U.S. Postal Service delivery service ...................... USCIS, Attn: TPS Sudan, 131 S. Dearborn Street, 3rd Floor, Chicago, 

IL 60603–5517. 

If you were granted TPS by an 

Immigration Judge (IJ) or the Board of 

Immigration Appeals (BIA) and you 

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

grant of TPS by an IJ or the BIA, please 

mail your application to the appropriate 

mailing address in Table 1. When 

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: 

• Are a national of Sudan (or an alien 

having no nationality who last 

habitually resided in Sudan); 

• Received an EAD under the last 

extension of TPS for Sudan; and 

• 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. 


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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 


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4050 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Notices 

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 I9Central@dhs.gov. 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 osccrt@usdoj.gov. 

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 

I-9Central@dhs.gov. 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. Workauthorized 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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Notices 4051 

Information Hotline at 800–255–7688 

(TTY 800–237–2515). Additional 

information about proper 

nondiscriminatory Employment 

Eligibility Verification (Form I–9) and EVerify 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 reregistration; 

(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 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2575–15; DHS Docket No. USCIS– 

2014–0004] 

RIN 1615–ZB46 

Extension and Redesignation of South 

Sudan for Temporary Protected Status 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: Through this Notice, the 

Department of Homeland Security 

(DHS) announces that the Secretary of 

Homeland Security (Secretary) is 

extending the designation of South 

Sudan for Temporary Protected Status 

(TPS) for 18 months, from May 3, 2016 

through November 2, 2017, and 

redesignating South Sudan for TPS for 

18 months, effective 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 

redesignation of South Sudan allows 

additional individuals who have been 

continuously residing in the United 

States since January 25, 2016 to obtain 

TPS, if otherwise eligible. The Secretary 

determined that an extension of the 

current designation and a redesignation 

of South Sudan for TPS are warranted 

because the ongoing armed conflict and 

extraordinary and temporary conditions 

that prompted the 2014 TPS 

redesignation have persisted, and in 

some cases deteriorated, and would 

pose a serious threat to the personal 

safety of South Sudanese nationals if 

they were required to return to their 

country. Although the parties to the 

conflict signed a peace agreement in 

August 2015, violence persists in many 

parts of the country, and the 

implementation of the peace agreement 

is halting to date. 

Through this Notice, DHS also sets 

forth procedures necessary for eligible 

nationals of South Sudan (or aliens 

having no nationality who last 

habitually resided in South Sudan) 

either to: (1) Re-register under the 

extension if they already have TPS and 

to apply for renewal of their 

Employment Authorization Documents 

(EADs) with U.S. Citizenship and 

Immigration Services (USCIS); or (2) 

submit an initial registration application 

under the redesignation and apply for 

an EAD. 

For individuals who have already 

been granted TPS, the 60-day reregistration period runs from January 

25, 2016 through March 25, 2016. 

USCIS will issue new EADs with a 

November 2, 2017, expiration date to 

eligible South 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 South 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. 

Under the redesignation, individuals 

who currently do not have TPS (or an 

initial TPS application pending) may 

submit an initial application during the 

180-day initial registration period that 

runs from January 25, 2016 through July 

25, 2016. In addition to demonstrating 

continuous residence in the United 

States since January 25, 2016 and 

meeting other eligibility criteria, initial 

applicants for TPS under this 

redesignation must demonstrate that 

they have been continuously physically 

present in the United States since May 

3, 2016, the effective date of this 

redesignation of South Sudan, before 

USCIS may grant them TPS. 

TPS initial applications that were 

filed under South Sudan’s 2011 

designation or the 2013 or 2014 

redesignations and remain pending on 

January 25, 2016 will be treated as 

initial applications under this 

redesignation. Individuals who have a 

pending initial South Sudan TPS 

application will not need to file a new 

Application for Temporary Protected 

Status (Form I–821). DHS provides 

additional instructions in this Notice for 

individuals whose TPS applications 

remain pending and who would like to 

obtain an EAD valid through November 

2, 2017. 


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