[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50533-50541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17933]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2586-16; DHS Docket No. USCIS-2013-0001]
RIN 1615-ZB54
Extension and Redesignation of Syria 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 the Syrian Arab Republic (Syria) for
Temporary Protected Status (TPS) for 18 months, from October 1, 2016
through March 31, 2018, and redesignating Syria for TPS for 18 months,
effective October 1, 2016 through March 31, 2018.
The extension allows TPS beneficiaries to retain TPS through March
31, 2018, so long as they continue to meet the eligibility requirements
for TPS. The redesignation
[[Page 50534]]
of Syria allows additional individuals who have been continuously
residing in the United States since August 1, 2016 to obtain TPS, if
otherwise eligible. The Secretary has determined that an extension of
the current designation and a redesignation of Syria for TPS are
warranted because the ongoing armed conflict and other extraordinary
and temporary conditions that prompted the 2015 TPS redesignation have
not only persisted, but have deteriorated, and because the ongoing
armed conflict in Syria and other extraordinary and temporary
conditions would pose a serious threat to the personal safety of Syrian
nationals if they were required to return to their country.
Through this Notice, DHS also sets forth procedures necessary for
nationals of Syria (or aliens having no nationality who last habitually
resided in Syria) 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 under the 2012
original Syria designation or under the 2013 or 2015 Syria
redesignations, the 60-day re-registration period runs from August 1,
2016 through September 30, 2016. USCIS will issue new EADs with a March
31, 2018 expiration date to eligible Syria 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 September 30, 2016. Accordingly, through
this Notice, DHS automatically extends the validity of EADs issued
under the TPS designation of Syria for 6 months, through March 31,
2017, 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.
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 August 1, 2016 through January 30, 2017. In addition to
demonstrating continuous residence in the United States since August 1,
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 October 1,
2016, the effective date of this redesignation of Syria, before USCIS
may grant them TPS.
TPS initial applications that were either filed during the 2013
redesignation or during the 2015 Syria redesignation and remain pending
on August 1, 2016 will be treated as initial applications under this
2016 redesignation. Individuals who have a pending initial Syria 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 March 31, 2018.
DATES: Extension of Designation of Syria for TPS: The 18-month
extension of the TPS designation of Syria is effective October 1, 2016,
and will remain in effect through March 31, 2018. The 60-day re-
registration period runs from August 1, 2016 through September 30,
2016.
Redesignation of Syria for TPS: The redesignation of Syria for TPS
is effective October 1, 2016, and will remain in effect through March
31, 2018, a period of 18 months. The 180-day initial registration
period for new applicants under the Syria TPS redesignation runs from
August 1, 2016 through January 30, 2017.
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 and
redesignation of Syria for TPS by selecting ``TPS Designated Country:
Syria'' from the menu on the left side of the TPS Web page. You can
also contact Jerry Rigdon, Chief of the 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) 272-1533
(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 inquiries.
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
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
OHCHR--Office of the High Commissioner for Human Rights
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices
SARG--Syrian Arab Republic Government
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
UN--United Nations
UNHCR--United Nations High Commissioner for Refugees
UNICEF--United Nations Children's Emergency Fund
USAID--U.S. Agency for International Development
USCIS--U.S. Citizenship and Immigration Services
WFP--World Food Programme
WHO--World Health Organization
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 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.
When was Syria designated for TPS?
On March 29, 2012, the Secretary designated Syria for TPS based on
[[Page 50535]]
extraordinary and temporary conditions within that country that
prevented Syrian nationals and those with no nationality who last
resided in Syria from returning to Syria in safety. See Designation of
Syrian Arab Republic for Temporary Protected Status, 77 FR 19026 (March
29, 2012), and correction at 77 FR 20046 (April 3, 2012); see also INA
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). In 2013, the Secretary
both extended Syria's designation and redesignated Syria for TPS for 18
months through March 31, 2015. See Extension and Redesignation of Syria
for Temporary Protected Status, 78 FR 36223 (Jun. 17, 2013). The 2013
redesignation of Syria for TPS added the ongoing armed conflict in
Syria as an additional basis for TPS. In 2015, the Secretary both
extended Syria's designation and redesignated Syria for TPS for 18
months through September 30, 2016. See Extension and Redesignation of
Syria for Temporary Protected Status, 80 FR 245 (January 5, 2015). This
announcement is the fourth designation of TPS for Syria and the third
extension since the initial designation in 2012.
What authority does the Secretary have to extend the designation of
Syria 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).
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\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002, Public Law 107-296,
116 Stat. 2135, any reference to the Attorney General in a provision
of the INA describing functions transferred from the Department of
Justice to DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
Act of 2002, tit. XV, section 1517).
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At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
a foreign state continues to meet the conditions for TPS designation,
the designation may be extended for an additional period of 6, 12 or 18
months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If the
Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
What is the Secretary's authority to redesignate Syria for TPS?
In addition to extending an existing TPS designation, the
Secretary, after consultation with appropriate Government agencies, may
redesignate a country (or part thereof) for TPS. See INA section
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 244(c)(1)(A)(i),
8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been
continuously physically present since the effective date of the most
recent designation of the state'') (emphasis added). This is one of
numerous instances in which the Secretary, and prior to the
establishment of DHS, the Attorney General, has simultaneously extended
a country's TPS designation and redesignated the country for TPS. See,
e.g., Extension and Redesignation of Syria for Temporary Protected
Status, 78 FR 36223 (Jun. 17, 2013); Extension and Redesignation of
Sudan for Temporary Protected Status, 78 FR 1872 (Jan. 9, 2013);
Extension and Redesignation of Haiti for Temporary Protected Status, 76
FR 29000 (May 19, 2011); Extension of Designation and Redesignation of
Liberia Under Temporary Protected Status Program, 62 FR 16608 (Apr. 7,
1997) (discussing legal authority for redesignation of a country for
TPS).
When the Secretary designates or redesignates a country for TPS, he
also has the discretion to establish the date from which TPS applicants
must demonstrate that they have been ``continuously resid[ing]'' in the
United States. See INA section 244(c)(1)(A)(ii), 8 U.S.C.
1254a(c)(1)(A)(ii). This discretion permits the Secretary to tailor the
``continuous residence'' date to offer TPS to the group of eligible
individuals that the Secretary deems appropriate.
The Secretary has determined that the ``continuous residence'' date
for applicants for TPS under the redesignation of Syria shall be August
1, 2016. Initial applicants for TPS under this redesignation must also
show they have been ``continuously physically present'' in the United
States since October 1, 2016, which is the effective date of the
Secretary's redesignation of Syria. See INA section 244(c)(1)(A)(i), 8
U.S.C. 1254a(c)(1)(A)(i). For each initial TPS application filed under
the redesignation, the final determination of whether the applicant has
met the ``continuous physical presence'' requirement cannot be made
until October 1, 2016. USCIS, however, will issue EADs, as appropriate,
during the registration period in accordance with 8 CFR 244.5(b).
Why is the Secretary extending the TPS designation for Syria and
simultaneously redesignating Syria for TPS through March 31, 2018?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Syria. Based on this review and after
consulting with DOS, the Secretary has determined that an 18-month
extension and redesignation is warranted because the ongoing armed
conflict and other extraordinary and temporary conditions that prompted
the January 5, 2015 redesignation continue to exist. Furthermore, the
Secretary has decided the conditions warrant changing the ``continuous
residence'' date so as to provide TPS protection to eligible Syrian
nationals who arrived between January 5, 2015 and August 1, 2016. The
``continuous physical presence'' date must be the effective date of the
redesignation, which the Secretary has established as October 1, 2016,
so that individuals granted TPS under the redesignation will have TPS
for the same 18-month period through March 31, 2018 as TPS
beneficiaries re-registering under the extension. See INA section
244(c)(1)(A)(i); 8 U.S.C. 1254a(c)(1)(A)(i).
Violent conflict and the deteriorating humanitarian crisis continue
to pose significant risk throughout Syria. Hundreds of thousands have
been killed as a result of ongoing violence. Concerns for health and
safety have led to largescale civilian displacement within Syria and
migrations to neighboring countries and Europe. As of May 2016, the
U.S. Agency for International Development (USAID) reports that 13.5
million people worldwide are in need of humanitarian assistance as a
result of armed conflict in Syria. In May 2016, the United Nations
Special Envoy for Syria has estimated that as many as 400,000
individuals have been killed, and 1.5 million injured since the
violence began in 2011. According to information from USAID, as of
March 2016, the United Nations High Commissioner for Refugees (UNHCR)
had registered 4.8 million refugees in neighboring countries, and 6.5
million people were internally displaced Syria.
Syria's lengthy civil conflict has resulted in high levels of food
[[Page 50536]]
insecurity, limited access to water and medical care, and massive
destruction of Syria's infrastructure. Attacks against civilians, the
use of chemical weapons and irregular warfare tactics, as well as
forced conscription and use of child soldiers have intensified the
humanitarian crisis. USAID reports reductions in agricultural
production, widespread displacement, disruption of markets and
transportation, elimination of bread subsidies, damage to
infrastructure including mills and bakeries, and loss of livelihoods
are contributing to unprecedented food insecurity in Syria. As of 2015,
it was estimated that over 6.3 million people within Syria, as well as
3 million Syrian refugees in neighboring countries are in need of
emergency food assistance. In late 2015, due to significant funding
deficits, food assistance distributed by the United Nation's World Food
Programme (WFP) and 37 other non-governmental organizations (NGOs)
reduced the level of assistance provided to 1.3 million Syrian refugees
by 50 percent. According to information from USAID, WFP continues to
face funding shortages for its programs in 2016, and is currently
providing monthly food assistance to 1.4 million refugees and over 4
million people inside Syria.
Water availability in Syria has decreased to less than 50 percent
of its pre- civil war levels. United Nations Children's Emergency Fund
(UNICEF) reported that in 2015 alone, as many as 5 million people
living in cities and communities across the country have suffered the
consequences of long and sometimes deliberate interruptions to their
water supplies. Additionally, strikes against population centers in the
course of military operations has resulted in wide-scale destruction of
water supply networks and infrastructure. According to information from
USAID, between January and March 2016, 16 million Syrians relied on
water assistance from the International Committee of the Red Cross and
the Syrian Arab Red Crescent for survival.
Water scarcity as a result of power outages and limited access to
fuel has caused numerous health and financial issues for families in
Damascus, Aleppo, the southern city of Dera'a, and other areas.
According to information from USAID, UNICEF reported in May 2016 that
fuel supplies to the Sulaiman Al-Halabi and Bab Alnerab pumping
stations were cut off, thus depriving 2 million people access to clean
water. Additionally, water prices have dramatically increased, with
cities like Aleppo seeing upwards of a 3,000 percent increase in the
cost of clean water. Unable to afford the rising cost of limited clean
water supplies, families rely on dirty water from unprotected and
unregulated groundwater sources. As a result, UNICEF reports increased
cases of typhoid, diarrhea, hepatitis, and other diseases in children
and other at-risk populations.
Civilian health needs continue to rise as Syria's health system
deteriorates. The World Health Organization (WHO) reports that 58
percent of public hospitals were either partially functional or
completely destroyed as of September 2015. Syrian medical personnel and
facilities have been repeatedly struck in the course of military
operations, particularly Syrian government air operations.
In early 2015, the WHO reported that the conflict has significantly
impacted the ability for NGOs to deliver medical aid into and
throughout Syria. Between 2011 and April 2016, Physicians for Human
Rights reports that 738 medical personnel have been killed and 259
medical facilities indiscriminately or deliberately attacked. The
organization reports that government forces use ``double tap'' tactics,
attacking a site and then attacking it again once first responders
arrive. Physicians for Human Rights documented 122 attacks on medical
facilities in 2015, the highest rate of attacks on hospitals since the
start of the conflict. The Office of the High Commissioner for Human
Rights (OHCHR) reported an increase in miscarriages, birth defects, and
infant mortality. NGOs operating near major population centers, such as
Aleppo, reported on outbreaks of cholera, typhoid, scabies and
tuberculosis among the populations.
As of November 2015, Syria's civil war has caused over $270 billion
in damages to the country's infrastructure. An estimated 2.1 million
homes, half of the country's hospitals, and over 7,000 schools have
been destroyed due to the conflict. Population centers such as Raqqah,
Homs, and Aleppo, valued for their strategic positions by the
opposition, extremists, and government forces, have become targets of
military operations from all sides of the conflict. For example, within
the city of Kobane, after 4 months of fighting between Kurdish and
Islamic State forces, over 3,200 buildings were damaged. In Aleppo, at
least 14,000 structures were damaged or destroyed, mostly by government
airstrikes, with an additional unknown number of buildings destroyed as
a result of front line conflict.
The recruitment and use of child soldiers has become
``commonplace'' in the Syrian armed conflict according to a 2015 United
Nations report. Forced conscription has affected the Syrian population
more broadly as the conflict persists into its 6th year. While
mandatory military service is a longstanding practice in Syria, the
government strengthened its enforcement measures in 2014 and 2015. High
rates of draft-dodging, desertions, and defections have left the Syrian
military lacking sufficient manpower. In response, the Assad regime has
launched large-scale arrests of military-age men through raids and
checkpoints. For example, over the course of a 4-day period in October
2014, more than 2,600 men were detained for service by government
forces in the cities of Hama and Homs. Once detained, conscripts
usually receive minimal training, and are often deployed to a frontline
position within days of their arrest. Furthermore, conscripts have
reported being held beyond the normal term of 18 months and forced to
extend through multiple tours of duty.
Daily bombings of homes, marketplaces, schools, hospitals, and
places of worship have become commonplace for Syrian civilians living
in major cities. The use of barrel bombs by the Assad regime is an
ongoing occurrence in major population centers. Human Rights Watch
reports that the Syrian military has dropped dozens of barrel bombs a
day on opposition-held neighborhoods in Aleppo, Idlib, Dara'a and
elsewhere. Amnesty International reports that relentless aerial
bombardment and shelling by Syrian government forces is magnifying the
suffering of civilians trapped under siege and facing an escalating
humanitarian crisis in the Eastern Ghouta region. Between January and
June 2015, the report indicates, Syrian government forces carried out
over 60 airstrikes that resulted in over 500 civilian deaths.
As of May 2016, nearly 11.3 million Syrians had been displaced from
their homes since the beginning of the Syrian conflict, with over 1.2
million estimated to have been displaced in 2015 alone. According to
the U.N. Office for the Coordination of Humanitarian Affairs, nearly 50
percent of displaced persons are children. Furthermore, an estimated
4.6 million Syrians live in over 127 ``hard-to-reach'' and 18
``besieged'' locations within Syria, and are unlikely to receive
humanitarian assistance. By May 2016, the United Nations and ground
partners were only able to reach 11.7 percent and 64.9 percent of
people in these locations, respectively. By the end of 2014, Syrians
represented 43 percent of all internally displaced
[[Page 50537]]
persons worldwide. The Internal Displacement Monitoring Centre reports
that in 2015, a family was displaced every minute as a result of the
protracted civil war and conflict. The humanitarian crisis in Syria
continues to deteriorate, and the escalation of the conflict indicates
that there is no immediate possibility for safe return.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the January 5, 2015
redesignation of Syria 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 Syria and,
due to such conflict, requiring the return of Syrian nationals to Syria
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 Syria that prevent Syrian nationals from returning to
Syria 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 Syrian nationals (and persons who have no nationality
who last habitually resided in Syria) 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 Syria for TPS should be extended for an
additional 18-month period from October 1, 2016 through March 31, 2018.
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Based on current country conditions, Syria should be
simultaneously redesignated for TPS effective October 1, 2016 through
March 31, 2018. See INA sections 244(b)(1)(A), (b)(1)(C), and (b)(2); 8
U.S.C. 1254a(b)(1)(A), (b)(1)(C), and (b)(2).
TPS applicants must demonstrate that they have
continuously resided in the United States since August 1, 2016.
The date by which TPS applicants must demonstrate that
they have been continuously physically present in the United States is
October 1, 2016, the effective date of the redesignation of Syria for
TPS.
There are approximately 5,800 current Syrian TPS
beneficiaries who are expected to apply for re-registration and may be
eligible to retain their TPS under the extension.
It is estimated that an additional 2,500 individuals may
file initial applications for TPS under the redesignation of Syria.
Notice of Extension of the TPS Designation of Syria and Redesignation
of Syria for TPS
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, that the conditions that prompted the
redesignation of Syria for TPS in 2015 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 these determinations, I am
simultaneously extending the existing TPS designation of Syria for 18
months from October 1, 2016 through March 31, 2018, and redesignating
Syria for TPS for the same 18-month period. See INA sections
244(b)(1)(A), (b)(1)(C), and (b)(2); 8 U.S.C. 1254a(b)(1)(A),
(b)(1)(C), and (b)(2). I have also determined that eligible individuals
must demonstrate that they have continuously resided in the United
States since August 1, 2016. See INA section 244(c)(1)(A)(ii), 8 U.S.C.
1254a(c)(1)(A)(ii).
Jeh Charles Johnson,
Secretary.
I am currently a Syria TPS beneficiary. What should I do?
If you filed a TPS application during the Syria TPS registration
periods that ran from January 5, 2015 through March 6, 2015, and that
application was approved prior to August 1, 2016, then you need to file
a re-registration application under the extension if you wish to
maintain TPS benefits through March 31, 2018. You must use the
Application for Temporary Protected Status (Form I-821) to re-register
for TPS. The 60-day open reregistration period will run from August 1,
2016 through September 30, 2016.
I have a pending initial TPS application filed during the Syria TPS
registration period that ran from January 5, 2015 through July 6, 2015.
What should I do?
If your TPS application is still pending on August 1, 2016, then
you do not need to file a new Application for Temporary Protected
Status (Form I-821). Pending TPS applications will be treated as
initial applications under this re-designation. Therefore, if your TPS
application is approved, you will be granted TPS through March 31,
2018. If you have a pending TPS application and you wish to have an EAD
valid through March 31, 2018, please refer to Table 1 to determine
whether you should file a new Application for Employment Authorization
(Form I-765).
Table 1--Form and EAD Information for Pending TPS Applications
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If . . . And . . . Then . . .
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You requested an EAD during the You received an You must file a
previous initial registration EAD with Category new Application
periods for Syria TPS. C19 or A12. for Employment
Authorization
(Form I-765) with
fee (or fee
waiver request)
if you wish to
have a new EAD
valid through
March 31, 2018.
You did not You do not need to
receive an EAD file a new
with Category C19 Application for
or A12. Employment
Authorization
(Form I-765). If
your TPS
application is
approved, your
Application for
Employment
Authorization
(Form I-765) will
be approved
through March 31,
2018.
You did not request an EAD You wish to have You must file a
during the previous initial an EAD valid new Application
registration period for Syria through March 31, for Employment
TPS. 2018. Authorization
(Form I-765) with
fee (or fee
waiver request).
You do not wish to You do not need to
have an EAD valid file a new
through March 31, Application for
2018. Employment
Authorization
(Form I-765).
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[[Page 50538]]
I am not a TPS beneficiary, and I do not have a TPS application
pending. What are the procedures for initial registration for TPS under
the Syria redesignation?
If you are not a Syria TPS beneficiary or do not have a pending TPS
application with USCIS, you may submit your TPS application during the
180-day initial registration period that will run from August 1, 2016
through January 30, 2017.
Required Application Forms and Application Fees To Register or Re-
Register for TPS
To register or re-register for TPS for Syria, an applicant must
submit each of the following two applications:
1. Application for Temporary Protected Status (Form I-821).
If you are filing an initial application, 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 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. and
2. Application for Employment Authorization (Form I-765).
If you are applying for 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 initial registration.
If you are applying for re-registration and want an EAD,
you must pay the fee for the Application for Employment Authorization
(Form I-765), regardless of your age.
If you are not requesting an EAD, regardless of whether
you are applying for initial registration or re-registration, you do
not pay the fee for the Application for Employment Authorization (Form
I-765).
You must submit both completed application forms together. If you
are unable to pay for the application and/or biometric services 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.
Refiling an Initial TPS Application After Receiving a Denial of a Fee
Waiver Request
If you request a fee waiver when filing your initial TPS
application package and your request is denied, you may re-file your
application packet before the initial filing deadline of January 30,
2017. If you submit your application with a fee waiver request before
that deadline, but you receive a fee waiver denial and there are fewer
than 45 days before the filing deadline (or the deadline has passed),
you may still re-file your application within the 45-day period after
the date on the USCIS fee waiver denial notice. Your application will
not be rejected even if the filing deadline has passed, provided it is
mailed within those 45 days and all other required information for the
application is included. Note: If you wish, you may also wait to
request an EAD and pay the Application for Employment Authorization
(Form I-765) fee after USCIS grants you TPS, if you are found 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.
Re-Filing a TPS Re-Registration 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 Application for
Employment Authorization (Form I-765) fee, until after USCIS has
approved the individual's TPS re-registration, if he or she is
eligible.
Mailing Information
Mail your application for TPS to the proper address in Table 2.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S. Postal USCIS, Attn: TPS Syria, P.O.
Service. Box 6943, Chicago, IL 60680-
6943.
You are using a non-U.S. Postal Service USCIS, Attn: TPS Syria, 131
delivery service. S. 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 2. When submitting a re-registration application 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.
[[Page 50539]]
E-Filing
You cannot electronically file your application when re-registering
or submitting an initial registration for Syria TPS. Please mail your
application to the mailing address listed in Table 2.
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 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 ``Syria.''
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 March 31, 2017?
Provided that you currently have TPS under the Syria designation,
this Notice automatically extends your EAD by 6 months if you:
Are a national of Syria (or an alien having no nationality
who last habitually resided in Syria);
Received an EAD under the last extension or redesignation
of TPS for Syria; and
Have an EAD with a marked expiration date of September 30,
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 March
31, 2017, 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).
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). 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 September 30, 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 March 31, 2017 (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 March 31, 2017. You
may also show your employer a copy of this Federal Register Notice
confirming the automatic extension of employment authorization through
March 31, 2017. As an alternative to presenting 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 if I am already employed
but my current TPS-related EAD is set to expire?
Even though EADs with an expiration date of September 30, 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 March 31, 2017 is reached to meet its
responsibilities for Employment Eligibility Verification (Form I-9).
Your employer may need to reinspect your automatically extended EAD to
check the expiration date and code to record the updated expiration
date on your Form I-9 if he or she did not keep a copy of this EAD when
you initially presented it. However, your employer does not need a new
document to reverify your employment authorization until March 31,
2017, 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 March 31, 2017, 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 you 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.
[[Page 50540]]
Can my employer require that I provide any other documentation to
prove my status, such as proof of my Syrian 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 Syrian 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. 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 March 31, 2017, for purposes of employment
authorization?
After March 31, 2017, 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 March 31,
2018, 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 March 31,
2017, 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 (March 31,
2017) 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 (March 31, 2017).
By March 31, 2017, 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 need to reinspect your
automatically extended EAD if your employer does not have a copy 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 second space;
b. Write ``March 31, 2017'' 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 ``March 31, 2017'' 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 March 31, 2017, 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?
E-Verify automated the verification process for employees whose TPS
was automatically extended in a Federal Register Notice. 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. By March 31, 2017, 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 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, including 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 List of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee,
[[Page 50541]]
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 for the hearing impaired is
at 877-875-6028). To report an employer for discrimination 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 of such documents 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 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 or make an appointment can be found at the SAVE
Web site at http://www.uscis.gov/save, then by choosing ``For Benefit
Applicants'' from the menu on the right and then selecting ``Questions
about Your Records?''
[FR Doc. 2016-17933 Filed 7-29-16; 8:45 am]
BILLING CODE 9111-97-P