[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Notices]
[Pages 52027-52033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20708]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2540-14; DHS Docket No. USCIS-2014-0003]
RIN 1615-ZB26


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 November 3, 2014 through May 2, 2016.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS through May 2, 2016, 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 TPS designation continue to be met. Sudan continues to experience 
ongoing armed conflict and other extraordinary and temporary conditions 
within the country that prevent its nationals from returning to the 
state in safety.
    Through this Notice, DHS also sets forth procedures necessary for 
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 who were granted TPS. 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).
    Current TPS beneficiaries under the Sudan designation may re-
register during the 60-day re-registration period from September 2, 
2014 through November 3, 2014. USCIS will issue new EADs with a May 2, 
2016 expiration date to eligible Sudan TPS beneficiaries who timely re-
register and apply for EADs under this extension. Given the timeframes 
involved with processing TPS re-registration applications, DHS 
recognizes that not all re-registrants will receive new EADs before 
their current EADs expire on November 2, 2014. Accordingly, through 
this Notice, DHS automatically extends the validity of EADs issued 
under the TPS designation of Sudan for 6 months through May 2, 2015, 
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 E-Verify processes.

DATES: The 18-month extension of the TPS designation of Sudan is 
effective November 3, 2014, and will remain in effect through May 2, 
2016. The 60-day re-registration period runs from September 2, 2014 
through November 3, 2014.

FOR FURTHER INFORMATION CONTACT: 
     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 Sudan for 
TPS by selecting ``TPS Designated Country: Sudan'' from the menu on the 
left of the TPS Web page.
     You can also contact the TPS Operations Program Manager at 
the Family and Status 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) 272-1533 (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 http://www.uscis.gov, 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
CPA--Comprehensive Peace Agreement
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
JEM--Justice and Equality Movement
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
RSS--Republic of South Sudan
SAF--Sudan 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

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 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 may 
obtain work authorization, so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also be granted travel authorization 
as a matter of discretion.
     The granting of TPS does not result in or lead to 
permanent resident status.
     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.

[[Page 52028]]

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 that country. See Designation of Sudan Under 
Temporary Protected Status, 62 FR 59737 (Nov. 4, 1997). Following the 
initial designation of Sudan for TPS in 1997, the Attorney General and, 
later, the Secretary have extended TPS and/or redesignated Sudan for 
TPS a total of 13 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 14th extension of TPS for Sudan since the original 
designation in 1997 and the first extension of TPS for Sudan since the 
2013 redesignation.

What authority does the Secretary of Homeland Security 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 U.S. Government 
(Government) agencies, to designate a foreign state (or part thereof) 
for TPS if the Secretary finds that certain country conditions 
exist.\1\ The Secretary may then grant TPS to eligible nationals of 
that foreign state (or aliens having no nationality who last habitually 
resided in that state). See INA section 244(a)(1)(A), 8 U.S.C. 
1254a(a)(1)(A).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 
May 2, 2016?

    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in Sudan. Based on this review, and 
after consultations with DOS, the Secretary has determined that an 18-
month extension is warranted because the armed conflict is ongoing and 
the extraordinary and temporary conditions that prompted the May 2013 
extension and redesignation continue to exist.
    Despite the end of the civil war achieved with the signing of the 
Comprehensive Peace Agreement (CPA) in 2005 and the secession of the 
Republic of South Sudan (RSS) in 2011, internal conflict continues to 
plague Sudan. A new round of peace negotiations began in February 2014 
between rebel groups and the Government of Sudan (GOS). Currently, 
several territories along the border, including the Blue Nile and South 
Kordofan, are split between allegiances to the Sudan People's 
Liberation Movement--North (SPLM-N) and the GOS. The results of the 
ongoing RSS peace negotiations will have a direct impact on the 
stability of Sudan.
    Ongoing armed conflict persists in several regions of Sudan. The 
GOS fought against opposition forces in the Darfur region and two 
southern states that also border the RSS, Blue Nile and South Kordofan. 
In 2011, rebel groups from all three regions formed the Sudan 
Revolutionary Front, a coalition that coordinates politically and 
militarily and advocates for the democratic change of government, while 
continuing military confrontation with the GOS. People in Eastern 
Sudan, which has remained relatively peaceful since the 2006 East Sudan 
Peace Agreement (ESPA) have complained that the government had failed 
to fulfill its promises in the ESPA. Abyei, claimed by both South Sudan 
and Sudan, held a non-binding referendum in October 2013 in which the 
population voted to become part of South Sudan, but the referendum 
process failed to meet international standards and therefore was not 
considered legitimate by the international community. A lasting 
determination of Abyei's status remains elusive and there is concern 
that violence in that area could erupt at any time. The outbreak of 
violence in the RSS on December 15, 2013 aggravated the humanitarian 
crisis along the Sudan and RSS border, forcing an estimated 86,000 
people to flee to Sudan as of July 2014, with more expected to arrive 
in the coming months.
    Blue Nile and South Kordofan states have historically been centers 
of hostility towards the GOS. The 2005 CPA that ended the civil war 
specified that Southern Kordofan and Blue Nile states would hold 
popular consultations to determine governmental structure and autonomy. 
However the process was incomplete before conflict broke out in each 
state in 2011 between the GOS and the SPLM-N. Through 2013, the 
Sudanese Armed Forces (SAF) and the SPLM-N have fought each other for 
control of towns, mountain strongholds, and supply routes. The GOS has 
been accused of indiscriminately targeting civilian populations with 
aerial bombardment in the states of Blue Nile and South Kordofan. In 
2013, SAF forces conducted more bombings and attacks in South Kordofan 
and Blue Nile than any other year since the independence of RSS in 
2011.
    Violence escalated and spread in April 2013 when Justice and 
Equality Movement (JEM) rebels attacked government troops in the North 
Kordofan state, seizing control of the town of Umm Ruwaba. Sudanese 
forces struck back immediately and retook control of the town from JEM. 
Aerial bombardment reportedly increased in November and December 2013. 
As of May 2014, the U.N. estimates that renewed fighting between the 
SAF and SPLM-N in recent months has newly displaced approximately 
116,000 people in the Two Areas, while an additional 2 million people--
including 1.2 million people in GoS-controlled areas and 800,000 in 
SPLM-N-controlled areas--remain displaced or severely affected by the 
conflict, which erupted in 2011.
    More than 10 years since armed conflict began in 2003, violence 
persists in the Darfur region, with government-rebel clashes increasing 
in 2013. Peace treaties signed in 2006, 2011 and 2013 have failed to 
end the fighting. Violence and displacement increased in Darfur in 2014 
with the arrival of the government's Rapid Support Forces (RSF), who 
perpetrated attacks on armed groups, but were also accused of attacking 
civilians and their properties, raiding and burning numerous villages. 
More than 2 million people remain displaced in Darfur, with 380,000 
people newly displaced in 2013 and 390,100 cumulative new displacements 
as of July 6, both of which are more than in any year since 2004. In 
addition to warfare between opposition groups and the state, inter-
communal violence persists between multiple groups.

[[Page 52029]]

Adding to the instability in Darfur are increasing reports of criminal 
activity targeting civilians, government authorities, international 
humanitarian workers and peacekeepers. The frequency of criminal 
activity has also increased. This insecurity is compounded by evidence 
suggesting that the majority of criminal gangs in Darfur are comprised 
of former Janjaweed Arab militias that had been in the service of the 
GOS and are now acting independently of government control. Widespread 
impunity, the increased availability of weapons, high unemployment 
among youth, and the police force's inability to geographically cover 
all of Darfur combine to undermine stability.
    Sudan continues to face internal conflicts on several fronts. On 
the national level, aerial bombardment by the SAF and violent clashes 
between rebel groups and GOS security forces occurred regularly. Human 
Rights Watch reported that in early April 2013, GOS security forces 
attacked the towns of Labado and Muhajariya and several other villages 
in South Darfur, and reportedly burned and looted homes, killed dozens 
of civilians and displaced tens of thousands. Since August 2013, the 
SAF has carried out air raids in North and South Darfur, almost daily. 
In January 2014, SAF continued bombings in North and South Darfur and 
reportedly carried out raids on villages.
    GOS security services, rebel forces and other actors continued to 
inflict a range of human rights abuses against activists, opposition 
figures, and religious and ethnic minorities. Beginning in June 2012 
and reaching a peak in September 2013, Khartoum and cities across Sudan 
experienced anti-regime protests. Despite the largely peaceful nature 
of these demonstrations, GOS security forces violently dispersed the 
gatherings, killing approximately 200 persons and detaining an 
additional 1,000 to 2,000 demonstrators.
    Access to the conflict areas in Sudan is severely restricted. The 
GOS has placed limitations and pressure on journalists and 
international organizations. The GOS in February 2014 suspended the 
operations of the International Committee of the Red Cross throughout 
the country. Reports indicate that there is very limited humanitarian 
access to Blue Nile and South Kordofan states, and that as of October 
2013, there was no humanitarian access to the areas of South Kordofan 
or Blue Nile controlled by rebels. As stated by the UN Under-Secretary-
General for Peacekeeping Operations in February 2014, ``protracted 
displacement, food insecurity and a lack of basic services drive 
chronic vulnerability in the region.'' Deteriorating economic 
conditions have led to increased food and fuel prices, and shortages 
could threaten food security for some Sudanese. As of December 2013, UN 
estimates found that more than 6 million people were in need of 
humanitarian assistance. As of June 2014, approximately 5.3 million 
people are food insecure. UN estimates also found that throughout 
Sudan, 750,000 children suffer from severe acute malnutrition annually.
    The conflict in Sudan has been prolonged and complicated by ethnic, 
economic, regional and international factors. While there is currently 
no active conflict in the eastern states due to the 2006 peace 
agreement, the situation in Red Sea, Kassala, and Gedaref remains 
tense. Instability in neighboring Chad, Central African Republic and 
the RSS put Sudan in a region facing a high risk of political violence. 
The outcome of the current conflict in the RSS will have a direct 
impact on the armed militias in Blue Nile and South Kordofan.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds 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 an armed conflict in Sudan and, due 
to such conflict, requiring the return of Sudanese nationals 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 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 (and persons who have 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 
additional 18-month period from November 3, 2014 through May 2, 2016. 
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     There are approximately 600 current Sudan TPS 
beneficiaries who are expected to apply for re-registration and may be 
eligible to retain their TPS 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 November 3, 2014 through May 2, 2016. See INA 
section 244(b)(1)(A), (b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(A), 
(b)(1)(C) and (b)(2).

Jeh Charles Johnson,
Secretary.

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

    To register or re-register for TPS for Sudan, an applicant must 
submit each of the following two 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. 
Information on late initial filing is available 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.
and

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. No fee 
for the Application for Employment Authorization (Form I-765) is 
required if you are under the age of 14 or are 66 and older and 
applying for late initial registration.
     If you are applying for re-registration, you must pay the 
fee for the Application for Employment Authorization (Form I-765) only 
if you want an EAD, regardless of age.
     You do not pay the fee for the Application for Employment 
Authorization (Form I-765) if you are

[[Page 52030]]

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 for the Application for Employment Authorization 
(Form I-765) and/or biometric service fee, you may apply for a fee 
waiver by completing a Request for Fee Waiver (Form I-912) or 
submitting a personal letter requesting a fee waiver, and by providing 
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 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)(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 
Request for Fee Waiver (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 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

    USCIS urges all re-registering applicants to file as soon as 
possible within the 60-day re-registration period so that USCIS can 
process the applications and issue EADs promptly. Filing early will 
also allow those applicants who may receive denials of their fee waiver 
requests to have time to re-file their applications before the re-
registration deadline. If, however, an applicant receives a denial of 
his or her fee waiver request and is unable to re-file by the re-
registration deadline, the applicant may still re-file his or her 
application. This situation will be reviewed to determine whether the 
applicant has established good cause for late re-registration. However, 
applicants are urged to re-file within 45 days of the date on their 
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(c). For more 
information on good cause for late re-registration, visit the USCIS TPS 
Web page at http://www.uscis.gov/tps. Note: As previously stated, 
although a re-registering TPS beneficiary age 14 and older must pay the 
biometric services fee (but not the initial TPS application fee) when 
filing a TPS re-registration application, the applicant may decide to 
wait to request an EAD, and therefore not pay the fee for the 
Application for Employment Authorization (Form I-765), until after 
USCIS has approved the individual's TPS re-registration, if he or she 
is 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 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.        USCIS, Attn: TPS Sudan, P.O.
 Postal Service.                          Box 6943, Chicago, IL 60680-
                                          6943.
You are using a non-U.S. Postal Service  USCIS, Attn: TPS Sudan, 131 S.
 delivery service.                        Dearborn 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 
re-registering for the first time following a grant of TPS by an IJ or 
the BIA, please mail your application to the appropriate address in 
Table 1. Upon receiving a Notice Action (Form I-797) from USCIS, please 
mail your application to the appropriate address in Table 1. Upon 
receiving a Notice of Action (Form I-797) from USCIS, please send an 
email to [email protected] with the receipt number and state 
that you submitted a re-registration and/or request for an EAD based on 
an IJ/BIA grant of TPS. You can find detailed information on what 
further information you need to email and the email address on the 
USCIS TPS Web page at http://www.uscis.gov/tps.

E-Filing

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

Employment Authorization Document (EAD)

May I request an interim EAD at my local USCIS office?

    No. USCIS will not issue interim EADs to TPS applicants or re-
registrants at local offices.

Am I eligible to receive an automatic 6-month extension of my current 
EAD through May 2, 2015?

    Provided that you currently have TPS under the Sudan designation, 
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 or redesignation 
of TPS for Sudan; and
     Have an EAD with a marked expiration date of November 2, 
2014, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category.''
    Although this Notice automatically extends your EAD through May 2, 
2015, you must re-register timely for TPS in accordance with the 
procedures described in this Notice if you would like to maintain your 
TPS.

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).

[[Page 52031]]

Within 3 days of hire, an employee must present proof of identity and 
employment authorization to his or her 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). 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, 2014, 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 May 2, 2015 (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 may also show your employer a copy 
of this Federal Register Notice confirming the automatic extension of 
employment authorization through May 2, 2015. 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 November 2, 2014 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 
November 2, 2014, is reached to meet its responsibilities for 
Employment Eligibility Verification (Form I-9). However, your employer 
does not need a new document to reverify your employment authorization 
until May 2, 2015, the expiration date of the automatic extension. 
Instead, 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). In addition, you may also show 
this Federal Register Notice to your employer to explain what to do for 
Employment Eligibility Verification (Form I-9).
    By May 2, 2015, the expiration date of the automatic extension, 
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 Employment Eligibility Verification (Form I-9) to reverify 
employment authorization, or an acceptable List A or List C receipt 
described in the Form I-9 Instructions. Your employer should complete 
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) has expired (check the date in the upper right-hand corner 
of the form), 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.

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

    No. When completing Employment Eligibility Verification (Form I-9), 
including re-verifying 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 when completing 
Employment Eligibility Verification (Form I-9) for new hires or 
reverifying the employment authorization of current employees. If 
presented with EADs that have been automatically extended, employers 
should accept such EADs as valid List A documents so long as the EADs 
reasonably appear 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.

What happens after May 2, 2015, for purposes of employment 
authorization?

    After May 2, 2015, employers may no longer accept the EADs that 
this Federal Register Notice automatically extended. Before that time, 
however, USCIS will issue new EADs to eligible TPS re-registrants who 
request them. These new EADs will have an expiration date of May 2, 
2016, 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 prior to May 2, 2015, 
you and your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work'';
    b. Write your alien number (USCIS number or A-number) in the first 
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); and
    c. Write the automatically extended EAD expiration date (May 2, 
2015) in the second space.
    2. For Section 2, employers should record the:
    a. Document title;
    b. Document number; and
    c. Automatically extended EAD expiration date (May 2, 2015).
    By May 2, 2015, 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, you and your employer should correct your 
previously completed Employment

[[Page 52032]]

Eligibility Verification (Form I-9) as follows:
    1. For Section 1, you should:
    a. Draw a line through the expiration date in the second space;
    b. Write ``May 2, 2015'' 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 ``May 2, 2015'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By May 2, 2015, 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 May 2, 2015, 
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 re-
verification requirements. For general questions about the employment 
eligibility verification process, employers may call USCIS at 888-464-
4218 (TTY for the hearing impaired is at 877-875-6028) or email USCIS 
at [email protected]. Calls and emails are accepted in English and 
many other languages. For questions about avoiding discrimination 
during the employment eligibility verification process (I-9 and E-
Verify), 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 
[email protected].

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY for the hearing 
impaired is at 877-875-6028) or email at [email protected]. Calls are 
accepted in English, Spanish and many other languages. Employees or 
applicants may also call the OSC Worker Information Hotline at 800-255-
7688 (TTY 800-237-2515) for information regarding employment 
discrimination based upon citizenship, immigration status, or national 
origin 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 List 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 the Social Security 
Administration, DHS, or DOS 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 for 
the hearing impaired is at 877-875-6028). To report an employer that 
discriminates against an employee in the E-Verify process based on 
citizenship or immigration status, or based on national origin, contact 
OSC's Worker Information Hotline at 800-255-7688 (TTY 800-237-2515). 
Additional information about proper nondiscriminatory Employment 
Eligibility Verification (Form I-9) and E-Verify procedures is 
available on the OSC Web site at http://www.justice.gov/crt/about/osc/ 
and the USCIS Web site at http://www.dhs.gov/E-verify.

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

    While Federal government agencies must follow the guidelines laid 
out by the Federal government, state and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each state may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, state, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples are:
    (1) Your unexpired EAD that has been automatically extended, or 
your EAD that has not expired;
    (2) A copy of this Federal Register Notice if your EAD is 
automatically extended under this Notice;
    (3) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration;
    (4) A copy of your past or current Application for Temporary 
Protected Status Notice of Action (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

[[Page 52033]]

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 
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. 2014-20708 Filed 8-29-14; 8:45 am]
BILLING CODE 9111-97-P