[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69344-69351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24238]


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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2673-20; DHS Docket No. USCIS-2014-0004]
RIN 1615-ZB79


Extension of the Designation of South Sudan for Temporary 
Protected Status

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

ACTION: Notice.

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

SUMMARY: Through this notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of South Sudan for Temporary Protected Status 
(TPS) for 18 months, from November 3, 2020, through May 2, 2022. The 
extension allows currently eligible TPS beneficiaries to retain TPS 
through May 2, 2022, so long as they otherwise continue to meet the 
eligibility requirements for TPS. This notice also

[[Page 69345]]

sets forth procedures necessary for nationals of South Sudan (or aliens 
having no nationality who last habitually resided in South Sudan) to 
re-register for TPS and to apply for Employment Authorization Documents 
(EADs) with U.S. Citizenship and Immigration Services (USCIS). USCIS 
will issue new EADs with a May 2, 2022, expiration date to eligible 
beneficiaries under South Sudan's TPS designation who timely re-
register and apply for EADs under this extension.

DATES: Extension of Designation of South Sudan for TPS: The 18-month 
extension of the TPS designation of South Sudan is effective November 
3, 2020, and will remain in effect through May 2, 2022. The 60-day re-
registration period runs from November 2, 2020 through January 4, 2021. 
(Note: It is important for re-registrants to timely re-register during 
this 60-day period and not to wait until their EADs expire.)

FOR FURTHER INFORMATION CONTACT:
     You may contact Maureen Dunn, Chief, Humanitarian Affairs 
Division, Office of Policy and Strategy, U.S. Citizenship and 
Immigration Services, U.S. Department of Homeland Security, by mail at 
20 Massachusetts Avenue NW, Washington, DC 20529-2060, or by phone at 
800-375-5283.
     For further information on TPS, including guidance on the 
re-registration process and additional information on eligibility, 
please visit the USCIS TPS web page at www.uscis.gov/tps. You can find 
specific information about this extension of South Sudan's TPS 
designation by selecting ``South Sudan'' from the menu on the left side 
of the TPS web page.
     If you have additional questions about TPS, please visit 
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of 
your questions and point you to additional information on our website. 
If you are unable to find your answers there, you may also call our 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
     Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at www.uscis.gov, or visit the USCIS Contact Center at 
uscis.gov/contactcenter.
     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
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and 
Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

    Through this notice, DHS sets forth procedures necessary for 
eligible nationals of South Sudan (or aliens having no nationality who 
last habitually resided in South Sudan) to re-register for TPS and to 
apply for renewal of their EADs with USCIS. Re-registration is limited 
to aliens who have previously registered for TPS under the designation 
of South Sudan and whose applications have been granted.
    For aliens who have already been granted TPS under South Sudan's 
designation, the 60-day re-registration period runs from November 2, 
2020 through January 4, 2021. USCIS will issue new EADs with a May 2, 
2022, expiration date to eligible South Sudanese TPS beneficiaries who 
timely re-register and apply for EADs. Given the timeframes involved 
with processing TPS re-registration applications, DHS recognizes that 
all re-registrants may not receive new EADs before their current EADs 
expire on November 2, 2020. Accordingly, through this Federal Register 
notice, DHS automatically extends the validity of these EADs previously 
issued under the TPS designation of South Sudan for 180 days, through 
May 1, 2021. Therefore, TPS beneficiaries can show their EADs with (1) 
a November 2, 2020 expiration date and (2) an A-12 or C-19 category 
code as proof of continued employment authorization through May 1, 
2021. This notice explains how TPS beneficiaries and their employers 
may determine which EADs are automatically extended and how this 
affects the Employment Eligibility Verification (Form I-9), E-Verify, 
and USCIS Systematic Alien Verification for Entitlements (SAVE) 
processes.
    Aliens who have a South Sudan-based Application for Temporary 
Protected Status (Form I-821) and/or Application for Employment 
Authorization (Form I-765) that was still pending as of November 2, 
2020 do not need to file either application again. If USCIS approves an 
alien's Form I-821, USCIS will grant the alien TPS through May 2, 2022. 
Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS 
will issue the alien a new EAD that will be valid through the same 
date. There are currently approximately 98 beneficiaries under South 
Sudan's TPS designation.

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 aliens without nationality who 
last habitually resided in the designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to obtain EADs so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion. Upon return from such 
authorized travel, TPS beneficiaries retain the same immigration status 
they had prior to the travel.
     The granting of TPS does not result in or lead to lawful 
permanent resident status.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
     When the Secretary terminates a country's TPS designation, 
beneficiaries return to one of the following:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
been terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, as long as it is still valid 
beyond the date TPS terminates.

When was South Sudan designated for TPS?

    South Sudan was initially designated on October 13, 2011, on the 
dual bases of ongoing armed conflict and extraordinary and temporary 
conditions in South Sudan that prevented nationals

[[Page 69346]]

of South Sudan from safely returning. See Designation of Republic of 
South Sudan for Temporary Protected Status, 76 FR 63629 (Oct. 13, 
2011). Following the initial designation, the Secretary extended and 
newly designated South Sudan for TPS in 2013, 2014, and 2016. See 
Extension and Redesignation of South Sudan for Temporary Protected 
Status, 78 FR 1866 (Jan. 9, 2013); Extension and Redesignation of South 
Sudan for Temporary Protected Status, 79 FR 52019 (Sept. 2, 2014); 
Extension and Redesignation of South Sudan for Temporary Protected 
Status, 81 FR 4051 (Jan. 25, 2016). In 2017, DHS extended TPS for South 
Sudan, based on ongoing armed conflict and extraordinary and temporary 
conditions. See Extension of South Sudan for Temporary Protected 
Status, 82 FR 44205 (Sept. 21, 2017). Most recently, in 2019, the 
Secretary extended South Sudan's TPS designation for 18 months, based 
on ongoing armed conflict and extraordinary and temporary conditions. 
See Extension of the Designation of South Sudan for Temporary Protected 
Status, 84 FR 13688 (Apr. 5, 2019).

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

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government (Government), to designate a foreign state (or part thereof) 
for TPS if the Secretary determines that certain country conditions 
exist.\1\ The decision to designate any foreign state (or part thereof) 
is a discretionary decision, and there is no judicial review of any 
determination with respect to the designation, or termination of, or 
extension of, a designation. See id., INA section (b)(5)(A), 8 U.S.C. 
1265a(b)(5)(A). The Secretary, in his discretion, may then grant TPS to 
eligible nationals of that foreign state (or eligible aliens having no 
nationality who last habitually resided in the designated country). See 
INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------

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

Why is the Secretary extending the TPS designation for South Sudan 
through May 2, 2022?

    DHS has reviewed conditions in South Sudan. Based on the review, 
the Secretary has determined that an 18-month extension is warranted 
because the ongoing armed conflict and extraordinary and temporary 
conditions supporting South Sudan's TPS designation remain.
    On February 21, 2020, President Salva Kiir Mayardit dissolved the 
incumbent government and appointed the Chairman of the Sudan People's 
Liberation Movement/Army-In Opposition (SPLM/A-IO), Riek Machar Teny, 
as First Vice-President, launching the formation of the Revitalized 
Transitional Government of National Unity. Despite a decrease in large-
scale fighting and limited progress on the country's political 
transition, ongoing armed conflict persists in several areas in South 
Sudan among both signatories and non-signatories to the peace 
agreement, according to the U.S. Department of State (DOS). DOS 
reported the continuing prevalance of incidents of armed groups 
attacking civilians--consistently the leading form of violence 
throughout the conflict. In addition, high military and ethnic militia 
mobilization, armed groups' readiness to resort to violence, and a lack 
of accountability persist, according to DOS.
    Outbreaks of armed conflict in 2019 and 2020 among SPLM/A, SPLM/A-
IO, and non-signatory groups included sporadic fighting in Central and 
Eastern Equatoria states, where hostilities contributed to the 
targeting of civilians through armed attacks, abductions, and 
kidnappings, according to the United Nations Panel of Experts on South 
Sudan. Fighting in Upper Nile state between SPLM/A and SPLM/A-IO forces 
led to attacks against civilians, including murders, looting, and 
sexual violence, and provoked extensive civilian displacement. In 
Western Bahr el-Ghazal state, internal SPLM/A leadership disputes 
erupted, leading to conflict-related incidents of sexual violence and 
the kidnapping of civilians, according to United Nations reporting. In 
Warrap state, heavy clashes erupted between armed civilians and 
government forces carrying out a disarmament project, resulting in many 
deaths. Both DOS and the United Nations reported that the intensity of 
intercommunal violence increased in 2019 and 2020, as localized 
competition for resources was exacerbated by adverse weather conditions 
and struggles for dominance along ethnic, tribal, and subclan lines.
    Sexual and gender-based violence (SGBV) remains pervasive, with 
both state and non-state armed groups continuing to use SGBV as a 
weapon of war, according to DOS. SPLM/A and SPLM/A-IO forces continue 
to conscript children under 15 years of age into their ranks, according 
to the United Nations Commission on Human Rights in South Sudan. In 
2019 and 2020, DOS and the United Nations Panel of Experts on South 
Sudan reported that state security forces suppressed political and 
civil activities, arbitrarily detaining civilians and engaging in 
torture and extrajudicial killings.
    South Sudan continues to experience serious humanitarian 
conditions, including significant levels of civilian displacement and 
food insecurity, significant impediments to humanitarian assistance, 
and a severe economic crisis, according to DOS. The United Nations 
estimates that 7.5 million people, over 60 percent of the South Sudan's 
population, are dependent on humanitarian assistance. All of South 
Sudan continues to experience food insecurity and an estimated 6.5 
million people, nearly 56 percent of the total population, are acutely 
food insecure, according to DOS. DOS reports that continued drought 
conditions in some parts of the country and flooding in other areas 
exacerbate food insecurity among conflict-affected populations.
    The total number of displaced individuals has slightly decreased 
since South Sudan's 2019 TPS extension; however, conflict and 
intercommunal clashes continue to drive internal displacement, and 
insecurity remains a key concern for many displaced people, according 
to UNOCHA. Currently, nearly 3.9 million South Sudanese are displaced, 
a reduction of 330,000 since November 2018, when an estimated 4.2

[[Page 69347]]

million South Sudanese were reported displaced. 1.67 million South 
Sudanese are internally displaced, and an estimated 2.2 million South 
Sudanese are refugees or asylum-seekers in neighboring countries as of 
June 2020, according to the United Nations High Commissioner for 
Refugees (UNHCR). UNHCR reports 214,142 South Sudanese refugees have 
spontaneously returned since the revitalized peace agreement was signed 
in September 2018, although these returns significantly slowed in the 
first half of 2020 due to escalating intercommunal violence and COVID-
19 border restrictions. According to DOS, the United Nations Mission in 
South Sudan (UNMISS) hosted more than 181,000 civilians at six civilian 
protection sites within UNMISS bases as of June 2020.
    After contracting for four consecutive years, South Sudan's economy 
grew 3.2 percent in the 2018/19 Fiscal Year, largely due to a rebound 
in the oil sector, according to the World Bank. Nevertheless, oil 
sector shocks continue to impact the economy and the government's 
ability to service debts and fulfill obligations. In August 2020, 
citing plummeting oil revenues, a senior Central Bank official reported 
that the government had run out of foreign exchange reserves.
    DOS assesses that South Sudan remains in a deep economic crisis, 
with further deterioration on the horizon. Over 88 percent of the 
population lives below the poverty line--an increase from 80 percent in 
2016--and livelihoods remain concentrated in low productive, unpaid 
agriculture and pastoralist work. The rate of inflation increased from 
40 percent in December 2018 to 86 percent in June 2019, according to 
World Bank estimates. The COVID-19 pandemic has contributed to further 
increases in the prices of basic food items and a reduction in food 
imports, according to the Assessment Capacities Project (ACAPS), a 
consortium of humanitarian non-profit organizations.
    Based upon this review, and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     The conditions supporting South Sudan's designation 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 ongoing armed conflict in South 
Sudan and, due to such conflict, requiring the return to South Sudan of 
South Sudanese nationals (or aliens having no nationality who last 
habitually resided in South Sudan) would pose a serious threat to their 
personal safety. See INA section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
     There continue to be extraordinary and temporary 
conditions in South Sudan that prevent South Sudanese nationals (or 
aliens having no nationality who last habitually resided in South 
Sudan) from returning to South Sudan in safety, and it is not contrary 
to the national interest of the United States to permit South Sudanese 
TPS beneficiaries 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 South Sudan for TPS should be extended 
for an 18-month period, from November 3, 2020, through May 2, 2022. See 
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

Notice of Extension of the TPS Designation of South Sudan

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate Government agencies, the conditions supporting South 
Sudan's designation for TPS 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 South 
Sudan for 18 months, from November 3, 2020, through May 2, 2022. See 
INA section 244(b)(1)(A), (b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), 
(b)(1)(C).
    The Acting Secretary of Homeland Security, Chad F. Wolf, having 
reviewed and approved this document, has delegated the authority to 
electronically sign this document to Chad R. Mizelle, who is the Senior 
Official Performing the Duties of the General Counsel for DHS, for 
purposes of publication in the Federal Register.

Chad R. Mizelle,
Senior Official Performing the Duties of the General Counsel, U.S. 
Department of Homeland Security.

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

    To re-register for TPS based on the designation of South Sudan, you 
must submit an Application for Temporary Protected Status (Form I-821). 
There is no Form I-821 fee for re-registration. See 8 CFR 244.17. You 
may be required to pay the biometric services fee. Please see 
additional information under the ``Biometric Services Fee'' section of 
this notice.
    Through this Federal Register notice, your existing EAD issued 
under the TPS designation of South Sudan with the expiration date of 
November 2, 2020, is automatically extended for 180 days, through May 
1, 2021. Although not required to do so, if you want to obtain a new 
EAD valid through May 2, 2022, you must file an Application for 
Employment Authorization (Form I-765) and pay the Form I-765 fee (or 
submit a Request for a Fee Waiver (Form I-912)). If you do not want a 
new EAD, you do not have to file Form I-765 and pay the Form I-765 fee. 
If you do not want to request a new EAD now, you may also file Form I-
765 at a later date and pay the fee (or request a fee waiver) at that 
time, provided that you still have TPS or a pending TPS application.
    If you have a Form I-821 and/or Form I-765 that was still pending 
as of November 2, 2020, then you do not need to file either application 
again. If USCIS approves your pending TPS application, USCIS will grant 
you TPS through May 2, 2022. Similarly, if USCIS approves your pending 
TPS-related Form I-765, it will be valid through the same date.
    You may file the application for a new EAD either prior to or after 
your current EAD has expired. However, you are strongly encouraged to 
file your application for a new EAD as early as possible to avoid gaps 
in the validity of your employment authorization documentation and to 
ensure that you receive your new EAD by May 1, 2021.
    For more information on the application forms and fees for TPS, 
please visit the USCIS TPS web page at www.uscis.gov/tps. Fees for the 
Form I-821, the Form I-765, and biometric services are also described 
in 8 CFR 103.7(b)(1)(i).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age and older. Those applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay the 
biometric services fee, you may complete a Request for Fee Waiver (Form 
I-912). For more information on the application forms and fees for TPS, 
please visit the USCIS TPS web page at www.uscis.gov/tps. If necessary, 
you may be required to visit an Application Support Center to have your 
biometrics captured. For additional information on the USCIS biometrics 
screening process, please see the USCIS Customer Profile Management 
Service Privacy Impact Assessment, available at www.dhs.gov/privacy.

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

    You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application

[[Page 69348]]

and issue any EAD promptly. Properly filing early will also allow you 
to have time to refile your application before the deadline, should 
USCIS deny your fee waiver request. If, however, you receive a denial 
of your fee waiver request and are unable to refile by the re-
registration deadline, you may still refile your Form I-821 with the 
biometrics fee. USCIS will review this situation to determine whether 
you established good cause for late TPS re-registration. However, you 
are urged to refile within 45 days of the date on any USCIS fee waiver 
denial notice, if possible. See INA section 244(c)(3)(C); 8 U.S.C. 
1254a(c)(3)(C); 8 CFR 244.17(b). For more information on good cause for 
late re-registration, visit the USCIS TPS web page at www.uscis.gov/tps. Following denial of your fee waiver request, you may also refile 
your Form I-765 with fee either with your Form I-821 or at a later 
time, if you choose.
    Note: Although a re-registering TPS beneficiary age 14 and older 
must pay the biometric services fee (but not the Form I-821 fee) when 
filing a TPS re-registration application, you may decide to wait to 
request an EAD. Therefore, you do not have to file the Form I-765 or 
pay the associated Form I-765 fee (or request a fee waiver) at the time 
of re-registration, and can wait to seek an EAD until after USCIS has 
approved your TPS re-registration application. If you choose to do 
this, to re-register for TPS you would only need to file the Form I-821 
with the biometrics services fee, if applicable, (or request a fee 
waiver).

Mailing Information

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

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
     If you would like to send your      Then, mail your application to:
            application by:
------------------------------------------------------------------------
U.S. Postal Service....................  U.S. Citizenship and
                                          Immigration Services, Attn:
                                          TPS South Sudan, P.O. Box
                                          6943, Chicago, IL 60680-6943.
A non-U.S. Postal Service courier......  U.S. Citizenship and
                                          Immigration Services, Attn:
                                          TPS South Sudan, 131 S
                                          Dearborn Street--3rd Floor,
                                          Chicago, IL 60603-5517.
------------------------------------------------------------------------

    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the 
BIA, please mail your application to the appropriate mailing address in 
Table 1. When re-registering and 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 help us to verify your grant of 
TPS and process your application.

Supporting Documents

    The filing instructions on the Form I-821 list all the documents 
needed to establish eligibility for TPS. You may also find information 
on the acceptable documentation and other requirements for applying or 
registering for TPS on the USCIS website at www.uscis.gov/tps under 
``South Sudan.''

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 an EAD request, you can check Case Status 
Online at www.uscis.gov, or visit the USCIS Contact Center at 
uscis.gov/contactcenter. If your Form I-765 has been pending for more 
than 90 days, and you still need assistance, you may ask a question 
about your case online at egov.uscis.gov/e-request/Intro.do or call the 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).

Am I eligible to receive an automatic 180-day extension of my current 
EAD through May 1, 2021, through this Federal Register notice?

    Yes. Provided that you currently have a South Sudan TPS-based EAD 
with a marked expiration date of November 2, 2020, bearing the notation 
A-12 or C-19 on the face of the card under Category, this notice 
automatically extends your EAD through May 1, 2021. Although this 
Federal Register notice automatically extends your EAD through May 1, 
2021, you must re-register timely for TPS in accordance with the 
procedures described in this Federal Register notice to maintain your 
TPS and employment authorization.

When hired, what documentation may I show to my employer as evidence of 
employment authorization and identity when completing Form I-9?

    You can find the Lists of Acceptable Documents on the third page of 
Form I-9 as well as the Acceptable Documents web page at www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to 
verify the identity and employment authorization of all new employees. 
Within 3 days of hire, employees must present acceptable documents to 
their employers as evidence of identity and employment authorization to 
satisfy Form I-9 requirements.
    You may present any document from List A (which provides evidence 
of both identity and employment authorization), or one document from 
List B (which provides evidence of your identity) together with one 
document from List C (which provides evidence of employment 
authorization), or you may present an acceptable receipt as described 
in the Form I-9 instructions. Employers may not reject a document based 
on a future expiration date. You can find additional information about 
Form I-9 on the I-9 Central web page at www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. See the section 
``How do my employer and I complete Form I-9 using my automatically 
extended Employment Authorization Document for a new job?'' of this 
Federal Register notice for further information. If your EAD has an 
expiration date of November 2, 2020, and states A-12 or C-19 under 
Category, it has been extended automatically by virtue of this Federal 
Register notice and you may choose to present your EAD to your employer 
as proof of identity and employment eligibility for Form I-9 through 
May 1, 2021, unless your TPS has been withdrawn or your request for TPS 
has been denied. See the subsection titled, ``How do my employer and I 
complete Form I-9 using my automatically extended Employment 
Authorization Document for a new job?'' for further information.
    As an alternative to presenting evidence of your automatically 
extended EAD, you may choose to present any other acceptable document 
from List A, a combination of one selection from List B and one 
selection from List C, or an acceptable receipt.

[[Page 69349]]

What documentation may I present to my employer for Form I-9 if I am 
already employed but my current TPS-related EAD is set to expire?

    Even though your EAD has been automatically extended, your employer 
is required by law to ask you about your continued employment 
authorization, and you will need to present your employer with evidence 
that you are still authorized to work. Once presented, your employer 
should update the EAD expiration date in Section 2 of Form I-9. See the 
section ``What corrections should my current employer make to Form I-9 
if my employment authorization has been automatically extended?'' of 
this Federal Register notice for further information. You may show this 
Federal Register notice to your employer to explain what to do for Form 
I-9 and to show that your EAD has been automatically extended through 
May 1, 2021. Your employer may need to re-inspect your automatically 
extended EAD to check the Card Expires date and Category code if your 
employer did not keep a copy of your EAD when you initially presented 
it.
    The last day of the automatic extension for your EAD is May 1, 
2021. Before you start work on May 2, 2021, your employer is required 
by law to reverify your employment authorization in Section 3 of Form 
I-9. At that time, you must present any document from List A or any 
document from List C on Form I-9, Lists of Acceptable Documents, or an 
acceptable List A or List C receipt described in the Form I-9 
instructions to reverify employment authorization.
    If your original Form I-9 was a previous version, your employer 
must complete Section 3 of the current version of Form I-9 and attach 
it to your previously completed Form I-9. Your employer can check the 
I-9 Central web page at www.uscis.gov/I-9Central for the most current 
version of Form I-9.
    Your employer may not specify which List A or List C document you 
must present and cannot reject an acceptable receipt.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my South Sudanese citizenship or a Form I-
797C showing I re-registered for TPS?

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the Form I-9 Lists of Acceptable Documents that reasonably appears to 
be genuine and that relates to you, or an acceptable List A, List B, or 
List C receipt. Employers need not reverify List B identity documents. 
Employers may not request documentation that does not appear on the 
Lists of Acceptable Documents. Therefore, employers may not request 
proof of South Sudanese citizenship or proof of re-registration for TPS 
when completing Form I-9 for new hires or reverifying the employment 
authorization of current employees. If presented with an EAD that has 
been automatically extended, employers should accept such a document as 
a valid List A document, so long as the EAD reasonably appears to be 
genuine and relates to the employee. Refer to the ``Note to Employees'' 
section of this Federal Register notice for important information about 
your rights if your employer rejects lawful documentation, requires 
additional documentation, or otherwise discriminates against you based 
on your citizenship or immigration status, or your national origin.

How do my employer and I complete Form I-9 using my automatically 
extended Employment Authorization Document for a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before May 2, 2021, for Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter May 1, 
2021 as the expiration date; and
    b. Enter your USCIS number or A-Number where indicated (your EAD or 
other document from DHS will have your USCIS number or A-Number printed 
on it; the USCIS number is the same as your A-Number without the A 
prefix).
    For Section 2, your employer should:
    a. Determine if the EAD is auto-extended by ensuring it is in 
Category A-12 or C-19 and has a Card Expires date of November 2, 2020;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Enter either the employee's A-Number or USCIS number from 
Section 1 in the Document Number field on Form I-9; and
    e. Write May 1, 2021, as the expiration date.
    Before the start of work on May 2, 2021, employers must reverify 
the employee's employment authorization in Section 3 of Form I-9.

What corrections should my current employer make to Form I-9 if my 
Employment Authorization Document has been automatically extended?

    If you presented a TPS-related EAD that was valid when you first 
started your job and your EAD has now been automatically extended, your 
employer may need to re-inspect your current EAD if the employer does 
not have a copy of the EAD on file. Your employer should determine if 
your EAD is automatically extended by ensuring that it contains 
Category A-12 or C-19 and has a Card Expires date of November 2, 2020. 
If your employer determines that your EAD has been automatically 
extended, your employer should update Section 2 of your previously 
completed Form I-9 as follows:
    a. Write EAD EXT and May 1, 2021, as the last day of the automatic 
extension in the Additional Information field; and
    b. Initial and date the correction.
    Note: This is not considered a reverification. Employers do not 
need to complete Section 3 until either the 180-day automatic extension 
has ended, or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By May 2, 2021, when the 
employee's automatically extended EAD has expired, employers are 
required by law to reverify the employee's employment authorization in 
Section 3. If your original Form I-9 was a previous version, your 
employer must complete Section 3 of the current version of Form I-9 and 
attach it to your previously completed Form I-9. Your employer can 
check the I-9 Central web page at www.uscis.gov/I-9Central for the most 
current version of Form I-9.

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

    Employers may create a case in E-Verify for a new employee by 
providing the employee's A-Number or USCIS number from Form I-9 in the 
Document Number field in E-Verify.

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

    E-Verify has automated the verification process for TPS-related 
EADs that are automatically extended. If you have employees who 
provided a TPS-related EAD when they 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. Before 
this employee starts work on May 2, 2021, you must reverify his or her 
employment authorization in Section 3 of Form I-9. Employers should not 
use E-Verify for reverification.

[[Page 69350]]

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 Federal Register notice 
does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. 
USCIS accepts calls and emails in English and many other languages. For 
questions about avoiding discrimination during the employment 
eligibility verification process (Form I-9 and E-Verify), employers may 
call the U.S. Department of Justice's Civil Rights Division, Immigrant 
and Employee Rights Section (IER) Employer Hotline at 800-255-8155 (TTY 
800-237-2515). IER offers language interpretation in numerous 
languages. Employers may also email IER at [email protected].

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at [email protected]. USCIS accepts calls in English, 
Spanish, and many other languages. Employees or applicants may also 
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, including discrimination 
related to Form I-9 and E-Verify. The IER Worker Hotline provides 
language interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Form I-9 Instructions. Employers may not require extra 
or additional documentation beyond what is required for 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 an employee's Form I-9 differs 
from records available to DHS.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against an employee because of 
the TNC while the case is still pending with E-Verify. A ``Final 
Nonconfirmation'' (FNC) case result is received when E-Verify cannot 
verify an employee's employment eligibility. An employer may terminate 
employment based on a case result of FNC. Work-authorized employees who 
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination 
or to report an employer for discrimination in the E-Verify process 
based on citizenship, immigration status, or national origin, contact 
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Form I-9 and E-Verify 
procedures is available on the IER website at www.justice.gov/ier and 
on the USCIS and E-Verify websites at www.uscis.gov/i-9-central and 
www.e-verify.gov.

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

    For Federal purposes, TPS beneficiaries presenting an EAD 
referenced in this Federal Register Notice do not need to show any 
other document, such as an I-797C Notice of Action, to prove that they 
qualify for this extension. However, 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, show you are authorized to work based on TPS or 
other status, and/or that may be used by DHS to determine whether you 
have TPS or other immigration status. Examples of such documents are:
     Your current EAD;
     A copy of your Form I-797C, Notice of Action, for your 
Form I-765 providing an automatic extension of your currently expired 
or expiring EAD;
     A copy of your Form I-797C, Notice of Action, for your 
Form I-821 for this re-registration;
     A copy of your Form I-797, the notice of approval, for a 
past or current Form I-821, if you received one from USCIS; and
     Any other relevant DHS-issued document that indicates your 
immigration status or authorization to be in the United States, or that 
may be used by DHS to determine whether you have such status or 
authorization to remain in the United States.
    Check with the government agency regarding which document(s) the 
agency will accept. Some benefit-granting agencies use the USCIS 
Systematic Alien Verification for Entitlements (SAVE) program to 
confirm the current immigration status of applicants for public 
benefits. While SAVE can verify when an alien has TPS, each agency's 
procedures govern whether they will accept an unexpired EAD, Form I-
797, or Form I-94, Arrival/Departure Record. You should:
    a. Present the agency with a copy of the relevant Federal Register 
notice showing the extension of TPS-related documentation in addition 
to your recent TPS-related document with your A-number, USCIS number or 
Form I-94 number;
    b. Explain that SAVE will be able to verify the continuation of 
your TPS using this information; and
    c. Ask the agency to initiate a SAVE query with your information 
and follow through with additional verification steps, if necessary, to 
get a final SAVE response showing the validity of your TPS.
    You can also ask the agency to look for SAVE notices or contact 
SAVE if they have any questions about your immigration status or auto-
extension of TPS-related documentation. In most cases, SAVE provides an 
automated electronic response to benefit-granting agencies within 
seconds, but, occasionally, verification can be delayed. You can check 
the status of your SAVE verification by using CaseCheck at 
save.uscis.gov/ casecheck/, then by clicking the ``Check Your Case'' 
button. CaseCheck is a free service that lets you follow the progress 
of your SAVE verification using your date of birth and one immigration 
identifier number (A-number, USCIS number or Form I-94 number). If an 
agency has denied your application based solely or in part on a SAVE 
response, the agency must offer you the opportunity to appeal the 
decision in accordance with the agency's procedures. If the agency has 
received and acted upon or will act upon a SAVE verification and you do 
not believe the SAVE response is correct, you may make an appointment 
for an in-person

[[Page 69351]]

interview at a local USCIS office. Detailed information on how to make 
corrections or update your immigration record, make an appointment, or 
submit a written request to correct records under the Freedom of 
Information Act can be found on the SAVE website at www.uscis.gov/save.

[FR Doc. 2020-24238 Filed 10-30-20; 8:45 am]
BILLING CODE 9111-97-P