[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Notices]
[Pages 14946-14952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05715]



[[Page 14946]]

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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2681-21; DHS Docket No. USCIS-2013-0001]
RIN 1615-ZB72


Extension and Redesignation of Syria 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 Syria for Temporary Protected Status (TPS) 
for 18 months, from March 31, 2021 through September 30, 2022 and 
redesignating Syria for 18 months, effective March 31, 2021 through 
September 30, 2022. The extension allows currently eligible TPS 
beneficiaries to retain TPS through September 30, 2022, so long as they 
otherwise continue to meet the eligibility requirements for TPS. The 
redesignation of Syria allows additional individuals who have been 
continuously residing in the United States since March 19, 2021 to 
obtain TPS, if otherwise eligible. Through this notice, DHS also sets 
forth procedures necessary for Syrian nationals (or noncitizens having 
no nationality who last habitually resided in Syria) either to re-
register under the extension, if they already have TPS, and to apply 
for renewal of their Employment Authorization Documents (EAD) with U.S. 
Citizenship and Immigration Services (USCIS) or to submit an initial 
registration application under the redesignation and apply for an EAD.

DATES: Extension of Designation of Syria for TPS: The 18-month 
extension of the TPS designation of Syria is effective March 31, 2021 
and will remain in effect through September 30, 2022. The 60-day re-
registration period runs from March 19, 2021 through May 18, 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.) 
Redesignation of Syria for TPS: The 18-month redesignation of Syria for 
TPS is effective March 31, 2021, and will remain in effect through 
September 30, 2022. The 180-day initial registration period for new 
applicants under the Syria TPS redesignation runs March 19, 2021 
through September 15, 2021.

FOR FURTHER INFORMATION CONTACT: 
     You may contact Maureen Dunn, Division Chief, Office of 
Policy and Strategy, U.S. Citizenship and Immigration Services, U.S. 
Department of Homeland Security, by mail at 5900 Capital Gateway Drive, 
Camp Springs, MD 20746, 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 http://www.uscis.gov/tps. You 
can find specific information about this extension of Syria's TPS 
designation by selecting ``Syria'' 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 http://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 Syria (or noncitizens having no nationality who 
last habitually resided in Syria) to (1) re-register for TPS and to 
apply for renewal of their EADs with USCIS or (2) submit an initial 
registration application under the redesignation and apply for an EAD.
    Re-registration is limited to individuals who have previously 
registered for TPS under the designation of Syria and whose 
applications have been granted.
    For individuals who have already been granted TPS under Syria's 
designation, the 60-day re-registration period runs from March 19, 2021 
through May 18, 2021. USCIS will issue new EADs with a September 30, 
2022 expiration date to eligible Syrian TPS beneficiaries who timely 
re-register and apply for EADs. Given the timeframes involved with 
processing TPS re-registration applications, DHS recognizes that not 
all re-registrants may receive new EADs before their current EADs 
expire on March 31, 2021. Accordingly, through this Federal Register 
notice, DHS automatically extends the validity of EADs previously 
issued under the TPS designation of Syria for 180 days, through 
September 27, 2021. Therefore, TPS beneficiaries can show their EADs 
with: (1) A March 31, 2021 expiration date and (2) an A-12 or C-19 
category code as proof of continued employment authorization through 
September 27, 2021. This notice explains how TPS beneficiaries and 
their employers may determine which EADs are automatically extended and 
how this affects the Form I-9, Employment Eligibility Verification, E-
Verify, and USCIS Systematic Alien Verification for Entitlements (SAVE) 
processes.
    Individuals who have a Syria TPS application (Form I-821) and/or 
Application for Employment Authorization (Form I-765) that was still 
pending as of March 19, 2021 do not need to file either application 
again. If USCIS approves an individual's Form I-821, USCIS will grant 
the individual TPS through September 30, 2022. Similarly, if USCIS 
approves a pending TPS-related Form I-765, USCIS will issue the 
individual a new EAD that will be valid through the same date. There 
are approximately 6,700 current beneficiaries under Syria's TPS 
designation.
    Under the redesignation, individuals who currently do not have TPS 
may submit an initial application during the 180-day initial 
registration period that

[[Page 14947]]

runs from March 19, 2021 through September 15, 2021. In addition to 
demonstrating continuous residence in the United States since March 19, 
2021 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 March 31, 
2021, the effective date of this redesignation of Syria, before USCIS 
may grant them TPS. USCIS estimates that approximately 1,800 
individuals are eligible to file initial applications for TPS under the 
redesignation of Syria.

What is temporary protected status (TPS)?

     TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the INA, or to eligible 
persons without nationality who last habitually resided in the 
designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to 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.
    [cir] 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 Syria designated for TPS?

    Former Secretary of Homeland Security Janet Napolitano initially 
designated Syria for TPS on March 29, 2012, based on extraordinary and 
temporary conditions resulting from the Syrian military's violent 
suppression of opposition to President Bashar al-Assad's regime that 
prevented Syrian nationals from safely returning to Syria. See 
Designation of Syrian Arab Republic for Temporary Protected Status, 77 
FR 19026 (Mar. 29, 2012). Following the initial designation, former 
Secretaries Napolitano and Jeh Johnson extended and newly designated 
Syria for TPS three times. In 2016, former Secretary Johnson both 
extended Syria's designation and newly designated Syria for TPS for 18 
months through March 30, 2018. See Extension and Redesignation of Syria 
for Temporary Protected Status, 81 FR 50533 (Aug. 1, 2016). In 2018, 
former Secretary Kirstjen Nielsen extended Syria's designation for 18 
months, through September 30, 2019. See Extension of the Designation of 
Syria for Temporary Protected Status, 83 FR 9329 (March 5, 2018). Most 
recently, in September 2019, former Acting Secretary Kevin McAleenan 
again extended Syria's TPS designation for 18 months based on ongoing 
armed conflict and extraordinary and temporary conditions, but he did 
not newly designate Syria for TPS at that time. See Extension of the 
Designation of Syria for Temporary Protected Status, 84 FR 49751 (Sep. 
23, 2019).

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 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. The Secretary, in his/her discretion, may 
then grant TPS to eligible nationals of that foreign state (or 
noncitizens 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 and redesignating TPS for Syria through 
September 30, 2022?

    DHS has reviewed conditions in Syria. Based on the review, 
including input received from other U.S. Government agencies, the 
Secretary has determined that an 18-month extension is warranted 
because the ongoing armed conflict and extraordinary and temporary 
conditions supporting Syria's TPS designation remain.
    The protracted civil war continues to contribute to the severe 
humanitarian crisis in Syria and continues to demonstrate deliberate 
targeting of civilians, the use of chemical weapons and irregular 
warfare tactics, and forced conscription and use of child soldiers. The 
war has resulted in a sustained need for humanitarian assistance, an 
increase in refugees and displaced people, food insecurity, limited 
access to water and medical care, and a large-scale destruction of 
Syria's infrastructure.
    As further indication of the deteriorating conditions, on October 
8, 2020, President Donald Trump continued for one year the national 
emergency with respect to Syria declared in Executive Order 13894, 
citing ``the actions by the Government of Turkey to conduct a military 
offensive into northeast Syria, undermines the campaign to defeat the 
Islamic State of Iraq and Syria, or ISIS, endangers civilians, and 
further threatens to undermine the peace, security, and stability in 
the region, and continues to pose an unusual and extraordinary threat 
to the national security and foreign policy of the United States.''
    While the last documented chemical weapons attack by the Syrian 
government was an attack using chlorine on May 19, 2019 in Latakia 
province that injured several civilians, in October 2020, United States 
Ambassador to the UN Kelly Craft stated

[[Page 14948]]

that Syria had breached its obligation under the Chemical Weapons 
Convention and UN resolutions to dismantle its chemical weapons 
program.
    In addition to chemical weapons, according to the Department of 
State (DOS), the regime also frequently employed prohibited cluster 
munitions and barrel bombs. Per DOS, the Syrian Network for Human 
Rights \2\ documented at least 3,420 barrel bombs dropped by Russian 
and Syrian helicopters and airplanes on Idlib between April and 
September of 2019, often striking civilians and civilian 
infrastructure, including homes, medical facilities, and schools. In 
the last weeks of December 2020, the regime's forces dropped barrel 
bombs in Maaret al-Norman, resulting in the deaths of a child and a 
White Helmets humanitarian volunteer.
---------------------------------------------------------------------------

    \2\ The Syrian Network for Human Rights is ``an independent, 
neutral, non-governmental, non-profit human rights organization'' 
which documents human rights violations in Syria. https://sn4hr.org/.
---------------------------------------------------------------------------

    DOS reported that in late 2019, regime and pro-regime forces 
attacked civilians in hospitals, residential areas, schools, and 
settlements for IDPs and refugee camps; these attacks included 
bombardment with barrel bombs in addition to the use of chemical 
weapons. These forces used the massacre of civilians, as well as their 
forced displacement, rape, starvation, and protracted sieges that 
occasionally forced local surrenders, as military tactics. In late 
2019, ISIS members in Syria continued to plot or inspire external 
terrorist operations, also according to DOS.
    According to the UN Independent International Commission of Inquiry 
on the Syrian Arab Republic, Syrian Government troops ``carried out air 
and ground attacks which decimated civilian infrastructure, depopulated 
towns and villages,'' killing hundreds of women, men and children'' 
between November of 2019 and June of 2020. In a press release related 
to the report, Commission Chair Paulo Pinheiro stated that, ``Children 
were shelled at school, parents were shelled at the market, patients 
were shelled at the hospital. . .entire families were bombarded even 
while fleeing. What is clear from the military campaign is that pro-
government forces and UN-designated terrorists flagrantly violated the 
laws of war and the rights of Syrian civilians.''
    According to the Internal Displacement Monitoring Center,\3\ Syria 
has the highest number of Internally Displaced Persons in the world, 
seeing 1.8 million new displacements in 2019, and an additional 1.5 
million new displacements in the first half of 2020, mostly as a result 
of the regime's military offensives in the northeast and northwest 
areas of the country. In 2020, USAID reported 6.6 million people are 
internally displaced within Syria, an increase of 400,000 from USAID's 
2019 reports. In 2020, UNHCR registered 5,580,396 Syrian refugees in 
neighboring countries, representing an increase of approximately 10,000 
refugees from 5,570,382 Syrian refugees in neighboring countries in 
2019. As of September 2020, the United States Agency for International 
Development (USAID) reported 11.1 million people in Syria were in need 
of humanitarian assistance (a reduction from 11.7 million people in 
2019).
---------------------------------------------------------------------------

    \3\ The Internal Displacement Monitoring Center is a non-profit 
organization that ``provides data and analysis and supports partners 
to identify and implement solutions to internal displacement.'' 
https://www.internal-displacement.org/.
---------------------------------------------------------------------------

    In September 2020, the UN World Food Programme (WFP) estimated that 
9.3 million people in Syria are food insecure, the highest number ever 
recorded, as the conflict persists and ``the overall food security 
situation is deteriorating across the country.'' USAID reported that 
``inflation, high food prices, and the worst drought in 30 years--that 
killed high numbers of livestock and drastically reduced crop yields in 
2018--have also contributed to food assistance needs across Syria in 
2019.'' The COVID-19 pandemic in 2020 has also exacerbated food 
insecurity. In the summer of 2020, the head of the WFP assessed that, 
``Syria faces the risk of mass starvation or another mass exodus unless 
more aid money is made available.''
    DOS says that, according to the UN Office for the Coordination of 
Humanitarian Affairs (UNOCHA), half of all health facilities were 
closed or partially functioning, and the conflict had killed hundreds 
of healthcare workers.
    According to the World Bank, the conflict in Syria has continued to 
devastate the Syrian economy. A lack of sustained access to health 
care, education, housing, and food have exacerbated the effects of the 
conflict and pushed millions of people into unemployment and poverty.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     The conditions supporting Syria'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 Syria 
and, due to such conflict, requiring the return to Syria of Syrian 
nationals (or noncitizens having no nationality who last habitually 
resided in 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 (or noncitizens 
having no nationality who last habitually resided in Syria) from 
returning to Syria in safety, and it is not contrary to the national 
interest of the United States to permit Syrian TPS beneficiaries to 
remain in the United States temporarily. See INA section 244(b)(1)(C), 
8 U.S.C. 1254a(b)(1)(C).
     There are extraordinary and temporary conditions in Syria 
that prevent Syrian nationals (or noncitizens having no nationality who 
last habitually resided in Syria), who have arrived in the United 
States since Syria's 2016 TPS designation from returning to Syria in 
safety.
     The designation of Syria for TPS should be extended for an 
18-month period, from March 31, 2021 through September 30, 2022. See 
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     The designation of Syria for TPS should be redesignated 
for an 18-month period, from March 31, 2021 through September 30, 2022. 
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

Notice of Extension of the TPS Designation 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, the conditions supporting Syria'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 
simultaneously extending the existing designation of TPS for Syria for 
18 months, from March 31, 2021 through September 30, 2022 and 
redesignating Syria for TPS for the same 18-month period. See INA 
section 244(b)(1)(A),

[[Page 14949]]

(b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C), and (b)(2).

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.

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

    To register or re-register for TPS based on the designation of 
Syria, you must submit an 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) 
or request a fee waiver. 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). 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 Syria with the expiration date of March 
31, 2021, is automatically extended for 180 days, through September 27, 
2021. Although not required to do so, if you want to obtain a new EAD 
valid through September 30, 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), 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 March 19, 2021, then you do not need to file either application 
again. If USCIS approves your pending TPS application, USCIS will grant 
you TPS through September 30, 2022. Similarly, if USCIS approves your 
pending TPS-related Form I-765, it will be valid through the same date. 
If you are applying for initial registration and want an EAD, you must 
file and pay the fee for the Application for Employment Authorization 
(Form I-765).
    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 September 27, 2021.
    For more information on the application forms and fees for TPS, 
please visit the USCIS TPS web page at http://www.uscis.gov/tps. Fees 
for the Form I-821, the Form I-765, and biometric services are also 
described in 8 CFR 103.7(b)(1)(i).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age 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 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 http://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 I765 fee (or request a fee 
waiver) at the time of re-registration, and could 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 biometric 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 application  Then, mail your  application
                    by:                                  to:
------------------------------------------------------------------------
U.S. Postal Service.......................  U.S. Citizenship and
                                             Immigration Services, Attn:
                                             TPS Syria, P.O. Box 6943,
                                             Chicago, IL 60680-6943.
FedEx, UPS, or DHL........................  U.S. Citizenship and
                                             Immigration Services, Attn:
                                             TPS Syria, 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 
``Syria.''

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 http://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).

[[Page 14950]]

Am I eligible to receive an automatic 180-day extension of my current 
EAD through September 27, 2021 using this Federal Register Notice?

    Yes. Regardless of your country of birth, provided that you 
currently have a Syria TPS-based EAD with a marked expiration date of 
March 31, 2021, bearing the notation A-12 or C-19 on the face of the 
card under Category, this notice automatically extends your EAD through 
September 27, 2021.
    Although this Federal Register notice automatically extends your 
EAD through September 27, 2021 you must re-register timely for TPS in 
accordance with the procedures described in this Federal Register 
notice to maintain your TPS.

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 https://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 three 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 for List A, 
List B, or List C documents 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 http://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 EAD for a new job?'' of this Federal Register notice for 
further information. If your EAD has an expiration date of March 31, 
2021 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 September 27, 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 the Form 
I-9 using my automatically extended EAD 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 a valid receipt.

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. 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. Once your employer has reviewed the Card Expiration date and 
Category code, your employer should update the EAD expiration date in 
Section 2 of Form I-9. See the section ``What updates should my current 
employer make to Form I-9 if my EAD 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 September 27, 2021.The last day of the automatic EAD extension 
is September 27, 2021. Before you start work on September 28, 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.
    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 Syrian 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 Syrian 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 you present an EAD that has been 
automatically extended, employers should accept it as a valid List A 
document so long as the EAD reasonably appears to be genuine and 
relates to you. 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 the Form I-9 using my automatically 
extended EAD for a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before September 28, 2021, for Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter September 
27, 2021 as the ``expiration date''; and
    b. Enter your Alien Number/USCIS number or A-Number where indicated 
(your EAD or other document from DHS will have your USCIS number or A-
Number printed on it; the USCIS number is the same as your A-Number 
without the A prefix).
    2. For Section 2, employers 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 March 31, 2021;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write September 27, 2021, as the expiration date.
    Before the start of work on September 28, 2021, employers must 
reverify the employee's employment authorization in Section 3 of Form 
I-9.

What updates should my current employer make to Form I-9 if my EAD 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

[[Page 14951]]

EAD if they do 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 March 31, 
2021.
    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:
    1. Write EAD EXT and September 27, 2021 as the last day of the 
automatic extension in the Additional Information field; and
    2. 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 September 28, 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 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 
entering the number from the Document Number field on Form I-9 into the 
document number field in E-Verify.

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

    E-Verify automated the verification process for 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 September 28, 2021, you must reverify his or 
her employment authorization in Section 3 of Form I-9. 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 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]. Calls are accepted in English, 
Spanish, and many other languages. Employees or applicants may also 
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, including discrimination 
related to 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 Federal or state 
government records.
    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 https://www.justice.gov/ier and on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://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;
     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; or
     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

[[Page 14952]]

will accept. Some benefit-granting agencies use 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 individual has TPS, each agency's procedures govern 
whether they will accept an unexpired EAD, Form I-797, or Form I-94, 
Arrival/Departure Record. If an agency accepts the type of TPS-related 
document you are presenting, such as an EAD, the agency should accept 
your automatically extended EAD. 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 verifying 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 
automatic 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/. CaseCheck is a free service that lets you 
follow the progress of your SAVE verification case using your date of 
birth and one immigration identifier number (A-number, USCIS number or 
Form I-94 number) or Verification Case 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, find detailed information on how to make 
corrections or update your immigration record, make an appointment, or 
submit a written request to correct records. More information can be 
found on the SAVE website at www.uscis.gov/save.

[FR Doc. 2021-05715 Filed 3-18-21; 8:45 am]
BILLING CODE 9111-97-P