[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Pages 44205-44211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20174]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2611-17; DHS Docket No. USCIS-2014-0004]
RIN 1615-ZB67


Extension of South 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 South Sudan for Temporary Protected Status 
(TPS) for 18 months, from November 3, 2017, through May 2, 2019. This 
Notice also sets forth procedures necessary for nationals of South 
Sudan (or aliens having no nationality who last habitually resided in 
South Sudan) to re-register for TPS and to apply for Employment 
Authorization Documents (EADs) with U.S. Citizenship and Immigration 
Services (USCIS). USCIS will issue new EADs with a May 2, 2019 
expiration date to eligible South Sudan TPS beneficiaries who timely 
re-register and apply for EADs under this extension. Provided a South 
Sudan TPS beneficiary timely re-registers and properly files an 
application for an EAD during the 60-day re-registration period, his or 
her EAD will be automatically extended for an additional period not to 
exceed 180 days from the date the current EAD expires, i.e., through 
May 1, 2018. See 8 CFR 274a.13(d)(1).

DATES: Extension of Designation of South Sudan for TPS: The 18-month 
extension of the TPS designation of South Sudan is effective on 
November 3, 2017, and will remain in effect through May 2, 2019. The 
60-day re-registration period runs from September 21, 2017 through 
November 20, 2017. (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 process and additional information on eligibility, please 
visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find 
specific information about this extension of South Sudan's TPS 
designation by selecting ``South Sudan'' from the menu on the left side 
of the TPS Web page.
    <bullet> You can also contact Alexander King, Branch Chief, Waivers 
and Temporary Services Branch, Service Center Operations Directorate, 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by 
phone at (202) 272-8377 (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 inquiries.
    <bullet> Applicants seeking information about the status of their 
individual cases can check Case Status Online, available at the USCIS 
Web site at http://www.uscis.gov, or call the USCIS National Customer 
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available 
in English and Spanish.
    <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
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and 
Employee Rights Section (IER)
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services

    The extension allows currently eligible TPS beneficiaries to retain 
TPS through May 2, 2019, so long as they otherwise continue to meet the 
eligibility requirements for TPS. The Secretary determined that an 
extension of the current designation of South Sudan for TPS is 
warranted because the ongoing armed conflict and extraordinary and 
temporary conditions that prompted the 2016 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. The Secretary also has determined 
that permitting such South Sudanese nationals to continue to remain in 
the United States is not contrary to the national interest of the 
United States.
    Through this Notice, DHS sets forth procedures necessary for 
eligible nationals of South Sudan (or aliens having no nationality who 
last habitually resided in South Sudan) to re-register under the 
extension if they already have TPS and to apply for renewal of their 
EADs with USCIS. Certain individuals may be eligible to file a late 
initial application for TPS if they meet the conditions described in 8 
CFR 244.2(f)(2). Information on late initial filing is also available 
on the USCIS TPS Web site link at www.uscis.gov/tps.
    For individuals who have already been granted TPS, the 60-day re-
registration period runs from September 21, 2017 through November 20, 
2017. USCIS will issue new EADs with a May 2, 2019 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 November 2, 2017. However, provided a South Sudan TPS 
beneficiary timely re-registers and properly files an application for 
an EAD during the 60-day re-registration period, his or her EAD will be 
automatically extended for an additional period not to exceed 180 days 
from the date the current EAD expires, i.e., through May 1, 2018. This 
notice 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. 
Approximately 70 South Sudan TPS beneficiaries are expected to file for 
re-registration under the extension.
    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 May 2, 2019.

[[Page 44206]]

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 and so long as a TPS 
beneficiary continues to meet the requirements of TPS, he or she is 
eligible to remain in the United States, may not be removed, and is 
authorized to work and obtain an EAD.
    <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 lawful 
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 that is still valid on the date TPS 
terminates.

When was South Sudan designated for TPS?

    On October 13, 2011, the Secretary designated South Sudan for TPS, 
effective November 3, 2011, based on an ongoing armed conflict and 
extraordinary and temporary conditions within South Sudan. See 
Designation of Republic of South Sudan for Temporary Protected Status, 
76 FR 63629 (Oct. 13, 2011). Following the initial designation, the 
Secretary has extended and redesignated South Sudan for TPS three 
times. Most recently, in 2016, the Secretary both extended South 
Sudan's designation and redesignated South Sudan for TPS for 18 months 
through November 2, 2017. See Extension and Redesignation of South 
Sudan for Temporary Protected Status, 81 FR 4051 (Jan. 25, 2016).

What authority does the Secretary have to extend the designation of 
South 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 does not 
determine that a foreign state no longer meets the conditions for TPS 
designation, the designation will be extended for an additional period 
of 6 months or, in the Secretary's discretion, 12, or 18 months. See 
INA section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the 
Secretary determines that the foreign state no longer meets the 
conditions for TPS designation, the Secretary must terminate the 
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for South Sudan 
through May 2, 2019?

    DHS and the Department of State (DOS) have reviewed conditions in 
South Sudan. Based on the reviews and after consulting with DOS, the 
Secretary has determined that an 18-month extension is warranted 
because the ongoing armed conflict and extraordinary and temporary 
conditions that prompted the May 3, 2016 redesignation have persisted, 
and, in many cases, deteriorated.
    South Sudan is engulfed in an ongoing civil war marked by brutal 
violence against civilians, egregious human rights violations and 
abuses, and a humanitarian disaster on a devastating scale across the 
country. In July 2016, following a failed peace agreement, fighting 
broke out in Juba between the Sudan People's Liberation Army (SPLA) and 
the Sudan People's Liberation Army--In Opposition (SPLA-IO). During and 
after the battle, there were widespread attacks on civilians, including 
ethnically based killings and sexual assaults, resulting in significant 
displacement. After the battle ended in Juba, violence escalated and 
expanded to other parts of the country, with the government's counter-
insurgency operations reportedly entailing mass atrocities and 
destruction of villages.
    Women and children have been particularly affected by the conflict. 
Sexual and gender-based violence is widespread, and rape is used widely 
as a weapon of war. In March 2017, the United Nations Human Rights 
Council reported that there had been a 61 percent increase in the 
number of incidents of sexual or gender-based violence reported between 
2015 and 2016. The conflict has deprived children of education and 
basic health services, and left them at risk of being killed, abducted, 
sexually assaulted, and recruited as child soldiers.
    South Sudan is the largest source of displacement in Africa. At the 
end of August 2017, approximately 3.9 million people had been 
displaced, including 2 million who fled to neighboring states and 1.9 
million internally displaced persons, of which at least 50 percent were 
children.
    South Sudan is experiencing an unprecedented level of food 
insecurity due to the protracted violence, displacement, and the lack 
of access for humanitarian actors to deliver aid. As of August 2017, 
about 50 percent of the population (6 million people) was estimated to 
be acutely food insecure.
    In addition to the ongoing conflict, South Sudan is experiencing a 
severe economic crisis. In 2016, the South Sudanese pound depreciated 
70 percent against the dollar. Year-on-year inflation from January 2016 
to January 2017 was around 400 percent.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
    <bullet> The conditions that prompted the 2016 redesignation of 
South 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 an ongoing armed conflict in South 
Sudan and, due to such conflict, requiring the return of South Sudanese 
nationals (or aliens having no nationality who last habitually resided 
in South Sudan) to South 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 South Sudan that prevent South Sudanese nationals (or 
aliens having no

[[Page 44207]]

nationality who last habitually resided in South Sudan) from returning 
to South 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 South Sudanese (or aliens having no nationality who 
last habitually resided in South 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 South Sudan for TPS should be extended 
for an 18-month period from November 3, 2017, through May 2, 2019. See 
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

Notice of Extension of the TPS Designation of South 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 South Sudan in 2016 not only continue to be 
met, but have significantly deteriorated. 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 South Sudan for 18 
months, from November 3, 2017, through May 2, 2019. See INA section 
244(b)(1)(A), (b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C).

Elaine C. Duke,
Acting Secretary.

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

    To file a late initial registration or re-register for TPS based on 
the designation of South Sudan, you must submit each of the following 
applications:
    1. Application for Temporary Protected Status (Form I-821):
    <bullet> If you are filing a late initial application, you must pay 
the fee (or request a fee waiver) for the Form I-821. See 8 CFR 
244.2(f)(2) and 244.6.
    <bullet> If you are filing an application for re-registration, you 
do not need to pay the fee for the 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 (or request a fee waiver) for the Form I-
765 only if you are age 14 through 65. You do not need to pay the 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 and want an EAD, 
you must pay the fee (or request a fee waiver) for the Form I-765, 
regardless of your age.
    <bullet> If you are applying for late initial registration or re-
registration and do not want an EAD, you do not have to pay the Form I-
765 fee.
    <bullet> If you do not want to request an EAD now, you may also 
file Form I-765 later to request an EAD and pay the fee (or request a 
fee waiver), provided that you still have TPS or a pending TPS 
application. Your EAD application will be considered timely filed even 
if the date on your current TPS-related EAD has expired. But unless you 
timely re-register and properly file an EAD application, the validity 
of your current EAD will end on November 2, 2017. Accordingly, you must 
also properly file your EAD application during the 60-day re-
registration period for your current employment authorization document 
to be automatically extended for 180 days (i.e., through May 1, 2018). 
You are strongly encouraged to properly file your EAD application as 
early as possible during the 60-day re-registration period to avoid 
lapses in your employment authorization and to ensure that you receive 
your Form I-797C, Notice of Action, prior to November 2, 2017.
    You must submit both completed Forms I-821 and I-765 together. If 
you are unable to pay for the application 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 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 Form I-821, the Form I-765, and biometric services 
are also described in 8 CFR 103.7(b)(1)(i).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age or 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 apply for a fee waiver by completing a 
Form I-912 or by submitting a personal letter requesting a fee waiver, 
and providing satisfactory supporting documentation. For more 
information on the biometric services fee, please see the Instructions 
to Form I-821 or visit the USCIS Web site at http://www.uscis.gov. If 
necessary, you may be required to visit an Application Support Center 
(ASC) to have your biometrics captured. In such case, USCIS will send 
you an ASC scheduling notice.

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 period so 
that USCIS can process your application and issue any EAD promptly. 
Properly filing early will also allow you time to re-file your 
application before the deadline and receive a Form I-797C demonstrating 
your EAD's automatic extension, should USCIS deny your fee waiver 
request. If, however, you receive a denial of your fee waiver request 
and you 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 have 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 at all possible. See INA 
section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(b). For 
more information on good cause for late re-registration, visit the 
USCIS TPS Web page at http://www.uscis.gov/tps. Note: Although a re-
registering TPS beneficiary age 14 and older must pay the biometric 
services fee (but not the initial Form I-821 fee) when filing a TPS re-
registration application, you may decide to wait to request an EAD, and 
therefore not pay the 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 Form I-821 with the biometrics services fee, 
if applicable, (or request a fee waiver) and the 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.

[[Page 44208]]



                       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 South Sudan,
 Postal Service.                          P.O. Box 6943, Chicago, IL
                                          60680-6943.
For FedEx, UPS, and DHL deliveries:....  USCIS, Attn: TPS South Sudan,
                                          131 S. 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 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 re-registering 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.

Supporting Documents

Do I need to submit additional supporting documentation when 
reregistering for TPS?

    If one or more of the questions listed in Part 4, Question 2 of the 
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 get 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, available at http://www.uscis.gov, or call the USCIS National 
Customer Service Center at 800-375-5283 (TTY 800-767-1833). If your 
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 extension of my current EAD while I wait 
for my new one to arrive?

    Provided that you currently have a South Sudan TPS-based EAD, you 
may be eligible to have the validity of your current EAD extended for 
180 days (through May 1, 2018) if you:
    <bullet> Are a national of South Sudan (or an alien having no 
nationality who last habitually resided in South Sudan);
    <bullet> Received an EAD under the designation of South Sudan for 
TPS;
    <bullet> Have an EAD with a marked expiration date of November 2, 
2017, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category;''
    <bullet> Timely re-registered for TPS during the 60-day re-
registration period; and
    <bullet> Properly filed an application for an EAD during the 60-day 
re-registration period.
    You must timely re-register for TPS in accordance with the 
procedures described in this Notice if you would like to maintain your 
TPS and in order to have the validity of your current EAD extended by 
180 days. You are strongly encouraged to file your EAD renewal 
application as early as possible during the 60-day re-registration 
period to avoid lapses in documentation of your employment 
authorization.

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 Form I-9. You can find additional 
detailed information about Form I-9 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 
Form I-9. Within three days of hire, an employee must present evidence 
of identity and employment authorization to his or her employer by 
presenting documentation sufficient to satisfy Form I-9 requirements.
    You may present any document from List A (which provides evidence 
of both identity and employment authorization), or one document from 
List B (which provides evidence of your identity) together with one 
document from List C (which is evidence of employment authorization), 
or you may present an acceptable receipt for List A, List B, or List C 
documents as described in the Form I-9 Instructions. An EAD is an 
acceptable document under List A. Employers may not reject a document 
based on a future expiration date.
    If your EAD has an expiration date of November 2, 2017, and states 
``A-12'' or ``C-19'' under ``Category,'' and you timely and properly 
filed an EAD renewal application during the 60-day re-registration 
period, you may choose to present your EAD to your employer together 
with the Form I-797C Notice of Action (showing the qualifying 
eligibility category of either A12 or C19) as a List A document that 
provides evidence of your identity and employment authorization for 
Form I-9 through May 1, 2018, unless your TPS has been finally 
withdrawn or your request for TPS has been finally denied. 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 your EAD has been automatically 
extended through May 1, 2018. You may also provide your employer with a 
copy of this Federal Register Notice which explains how your EAD could 
be automatically extended; however, this Federal Register Notice is not 
acceptable evidence that your EAD has been automatically extended. As 
an alternative to presenting evidence of your automatically extended 
EAD, you may choose to present any other acceptable document from List 
A, a combination of one selection from List B and one selection from 
List C, or a valid receipt.

What documentation may I show my employer for my Employment Eligibility 
Verification (Form I-9) if I am already employed but my current TPS-
related EAD is set to expire?

    Even though you may be eligible to have your EAD automatically 
extended, your employer will need to ask you about your continued 
employment authorization no later than before you start work on 
November 3, 2017 to meet its responsibilities for Form I-9. You

[[Page 44209]]

will need to present your employer with evidence that you are still 
authorized to work. Once presented, you may correct your employment 
authorization expiration date in Section 1, and your employer should 
correct the employment authorization document expiration date in 
Section 2 of 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 employment authorization has been 
automatically extended?'' for further information. In addition, you may 
also show this Notice to your employer to explain what to do for Form 
I-9.
    When you properly file your Form I-765 to renew your current EAD, 
you will receive a USCIS receipt notice (Form I-797C). The receipt 
notice will state that your current ``A-12'' or ``C-19'' coded EAD is 
automatically extended for 180 days. You may show this receipt notice 
to your employer along with your EAD to confirm your EAD has been 
automatically extended through May 1, 2018, unless your TPS has been 
finally withdrawn or your request for TPS has been finally denied. You 
may also show this Federal Register Notice to your employer to minimize 
confusion; however, this Federal Register Notice is not acceptable 
evidence that your EAD has been automatically extended. To avoid delays 
in receiving the Form I-797C and a lapse in your employment 
authorization, you should file your EAD renewal application as early as 
possible during the re-registration period.
    The last date of the automatic EAD extension is May 1, 2018. Before 
you start work on May 2, 2018, your employer must reverify your 
employment authorization. At that time, you must present any document 
from List A or any document from List C on Form I-9 Lists of Acceptable 
Documents, or an acceptable List A or List C receipt described in the 
Form I-9 Instructions to reverify employment authorization. Your 
employer should either complete Section 3 of the Form I-9 originally 
completed for you; or if this section has already been completed or if 
the version of Form I-9 has expired (check the date in the bottom left-
hand corner of the form), complete Section 3 of a new Form I-9, 
ensuring it is the most current version. Note that your employer may 
not specify which List A or List C document you must present and cannot 
reject an acceptable receipt.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my South Sudanese citizenship?

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the appropriate ``Lists of Acceptable Documents'' for 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 South 
Sudanese citizenship or proof of re-registration for TPS when 
completing Form I-9 for new hires or reverifying the employment 
authorization of current employees. If the expired EAD with category A-
12 or C-19 is presented with the Form I-797C Notice of Action as 
described herein, an employer should accept this document combination 
as a valid List A document so long as the EAD reasonably appears to be 
genuine and to relate to the employee. 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.

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) on the basis of automatically extended employment 
authorization for a new job?

    As proof of the automatic extension of your employment 
authorization, you may present your expired EAD with category A-12 or 
C-19 in combination with the Form I-797C Notice of Action showing that 
the EAD renewal application was timely filed and that the qualifying 
eligibility category is either A-12 or C-19. Unless your TPS has been 
finally withdrawn or your request for TPS has been finally denied, this 
document combination is considered an unexpired Employment 
Authorization Document (Form I-766) under List A. When completing Form 
I-9 for a new job you are starting before May 2, 2018, you and your 
employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter the date 
that is 180 days from the date your current EAD expires (May 1, 2018) 
as the ``expiration date, if applicable, mm/dd/yyyy''; and
    b. Enter your Alien Number/USCIS number or A-Number where indicated 
(your EAD or other document from DHS will have your USCIS Number or A-
Number printed on it; the USCIS number is the same as your A-Number 
without the A prefix).
    2. When completing Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
    <bullet> It is in category A-12 or C-19;
    <bullet> The ``received date'' on Form I-797 is on or before the 
end of the 60-day re-registration period stated in this Notice; and
    <bullet> The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Insert May 1, 2018, the date that is 180 days from the date the 
current EAD expires.
    By the start of work on May 2, 2018, employers must reverify the 
employee's employment authorization in Section 3 of the Form I-9.

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my employment authorization 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 and your employment 
authorization has now been automatically extended because you timely 
and properly filed a new application for employment authorization 
during the 60-day re-registration period, you may present your expired 
EAD with category A-12 or C-19 in combination with the Form I-797C 
Notice of Action. The Form I-797C should show that the EAD renewal 
application was timely filed and that the qualifying eligibility 
category is either A-12 or C-19. To avoid confusion, you may also 
provide your employer a copy of this Federal Register Notice; however, 
this Federal Register Notice is not acceptable evidence that your EAD 
has been automatically extended. Your employer may need to re-inspect 
your current EAD if your employer does not have a copy of the EAD on 
file. You and your employer should correct your previously completed 
Form I-9 as follows:
    1. For Section 1, you may:
    a. Draw a line through the expiration date in Section 1;
    b. Write the date that is 180 days from the date your current EAD 
expires (May

[[Page 44210]]

1, 2018) above the previous date (November 2, 2017); and
    c. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
    <bullet> It is in category A12 or C19;
    <bullet> The ``received date'' on Form I-797 is on or before the 
end of the 60-day re-registration period stated in this Notice; and
    <bullet> The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Draw a line through the expiration date written in Section 2;
    c. Write the date that is 180 days from the date the employee's 
current EAD expires (May 1, 2018) above the previous date (November 2, 
2017); and
    d. Initial and date the correction in the margin of Section 2.

    Note: This is not considered a reverification. Employers do not 
need to complete Section 3 until either the 180-day extension has 
ended or the employee presents a new document to show continued 
employment authorization, whichever is sooner.

    By May 2, 2018, when the employee's automatically extended 
employment authorization has ended, employers must reverify the 
employee's employment authorization in Section 3.

If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee using 
the Form I-797C receipt information provided on Form I-9. The receipt 
number entered as the document number on Form I-9 should be entered 
into the document number field in E-Verify.

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?

    E-Verify automated the verification process for employees whose 
TPS-related EAD was automatically extended. If 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 the auto-extension period for this 
EAD is about to expire. This indicates that you should update Form I-9 
in accordance with the instructions above. By the employee's start of 
work on May 2, 2018, employment authorization must be reverified in 
Section 3. Employers should not 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 USCIS at <a href="/cdn-cgi/l/email-protection#e8a1d1ab8d869c9a8984a88c809bc68f879e"><span class="__cf_email__" data-cfemail="064f3f4563687274676a46626e7528616970">[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 (Form I-9 and E-Verify), employers may call the U.S. Department 
of Justice's Civil Rights Division, Immigrant and Employee Rights 
Section (IER) (formerly the Office of Special Counsel for Immigration-
Related Unfair Employment Practices) Employer Hotline at 800-255-8155 
(TTY 800-237-2515). IER offers language interpretation in numerous 
languages. Employers may also email IER at <a href="/cdn-cgi/l/email-protection#ce878b9c8ebbbdaaa1a4e0a9a1b8"><span class="__cf_email__" data-cfemail="f5bcb0a7b58086919a9fdb929a83">[email protected]</span></a>.

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at <a href="/cdn-cgi/l/email-protection#276e0a1e6442495355464b67434f5409404851"><span class="__cf_email__" data-cfemail="4e0763770d2b203a3c2f220e2a263d60292138">[email protected]</span></a>. Calls are accepted in English, 
Spanish, and many other languages. Employees or applicants may also 
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, including discrimination 
related to Employment Eligibility Verification (Form I-9) and E-Verify. 
The IER Worker Hotline provides language interpretation in numerous 
languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the 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 an employee based on the 
employee's 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 an employee's employment 
eligibility. An employer may terminate employment based on a case 
result of FNC. Work-authorized employees who receive an FNC may call 
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). For more 
information about E-Verify-related discrimination or to report an 
employer for discrimination in the E-Verify process based on 
citizenship, immigration status, or national origin, contact IER's 
Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Employment Eligibility 
Verification (Form I-9) and E-Verify procedures is available on the IER 
Web site at https://www.justice.gov/ier 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 of such documents are:
    (1) Your current EAD;
    (2) A copy of your receipt notice (Form I-797C) for your 
application to renew your current EAD providing an automatic extension 
of your currently expired or expiring EAD;

[[Page 44211]]

    (3) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration; and
    (4) A copy of your past or current Application for Temporary 
Protected Status Notice of Action (Form I-797), if you received one 
from USCIS.
    Check with the government agency regarding which document(s) the 
agency will accept. Some benefit-granting agencies use the USCIS 
Systematic Alien Verification for Entitlements (SAVE) program to 
confirm the current immigration status of applicants for public 
benefits. In most cases, SAVE provides an automated electronic response 
to benefit-granting agencies within seconds, but, occasionally, 
verification can be delayed. You can check the status of your SAVE 
verification by using CaseCheck at the following link: https://save.uscis.gov/casecheck/, then by clicking the ``Check Your Case'' 
button. CaseCheck is a free service that lets you follow the progress 
of your SAVE verification using your date of birth and one immigration 
identifier number. If an agency has denied your application based 
solely or in part on a SAVE response, the agency must offer you the 
opportunity to appeal the decision in accordance with the agency's 
procedures. If the agency has received and acted upon or will act upon 
a SAVE verification and you do not believe the 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 on the SAVE Web site at http://www.uscis.gov/save, then by choosing ``For Benefits Applicants'' from 
the menu on the left, selecting ``Save Resources,'' followed by ``SAVE 
Fact Sheet for Benefit Applicants.''
[FR Doc. 2017-20174 Filed 9-19-17; 8:45 am]
BILLING CODE 9111-97-P


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