[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36295-36302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14670]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2690-21; DHS Docket No. USCIS-2015-0005]
RIN 1615-ZB76
Extension and Redesignation of Yemen for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice of Temporary Protected Status extension and
redesignation.
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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 Yemen for Temporary Protected Status (TPS)
for 18 months, from September 4, 2021, through March 3, 2023, and
redesignating Yemen for 18 months, effective September 4, 2021, through
March 3, 2023. The extension allows currently eligible TPS
beneficiaries to retain TPS through March 3, 2023, so long as they
otherwise continue to meet the eligibility requirements for TPS. The
redesignation of Yemen allows additional individuals who have been
continuously residing in the United States since July 5, 2021, to
obtain TPS, if otherwise eligible. Through this Notice, DHS also sets
forth procedures necessary for Yemeni nationals (or individuals having
no nationality who last habitually resided in Yemen) either to submit
an initial registration application under the redesignation and apply
for an Employment Authorization Document (EAD) or, if they already have
TPS, to re-register under the extension and to apply for renewal of
their EADs with U.S. Citizenship and Immigration Services (USCIS).
USCIS will issue new EADs with a March 3, 2023 expiration date to
eligible beneficiaries under Yemen's TPS designation who timely
reregister and apply for EADs under this extension, or who timely
register and apply for EADs under this redesignation.
DATES:
Extension of Designation of Yemen for TPS: The 18-month extension
of the TPS designation of Yemen is effective September 4, 2021, and
will remain in effect through March 3, 2023. The 60-day re-registration
period runs from July 9, 2021 through September 7, 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 Yemen for TPS: The 18-month redesignation of Yemen
for TPS is effective September 4, 2021, and will remain in effect
through March 3, 2023. The initial registration period for new
applicants under the Yemen TPS redesignation begins on July 9, 2021 and
will remain in effect through March 3, 2023.\1\
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\1\ In general, individuals must be given an initial
registration period of no less than 180 days to register for TPS,
but the Secretary has discretion to provide for a longer
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). Historically,
the length of the initial registration period has varied. Compare 66
FR 14214 (March 9, 2001) (18-month initial registration period for
applicants under TPS designation for El Salvador) with 80 FR 36346
(June 24, 2015) (180-day initial registration period for applicants
under TPS designation for Nepal). In recent years this period has
generally been limited to the statutory minimum of 180 days,
although later extensions of the initial registration period have
also been announced for some countries. See, e.g., 81 FR 4051 (Jan.
25, 2016) (setting 180-day initial registration period during
extension and redesignation of South Sudan for TPS); 78 FR 1866
(Jan. 9, 2013) (setting 180-day initial registration period during
extension and redesignation of Sudan for TPS); but see 75 FR 39957
(July 13, 2010) (extension of previously announced initial 180-day
registration period for Haiti TPS applicants to allow more time for
individuals to apply). After evaluating whether to limit the initial
registration period for TPS under this new designation of Yemen to
the statutory minimum of 180 days, DHS has determined that it will
provide the full 18 months of this designation for applicants to
file their initial registration Form I-821 and, if desired, Form I-
765 to obtain employment authorization documentation. Limiting the
initial registration period to 180 days may place a burden on
applicants who are unable to timely file but would otherwise be
eligible for a grant of TPS. In addition, permitting registration
throughout the entirety of the designation period could reduce the
operational burden on USCIS, as incoming applications may be spread
out over a longer period of time. This extended registration period
is both in keeping with the humanitarian purpose of TPS and will
better advance the goal of ensuring ``the Federal Government
eliminates . . . barriers that prevent immigrants from accessing
government services available to them.'' See Executive Order 14012,
Restoring Faith in Our Legal Immigration Systems and Strengthening
Integration and Inclusion Efforts for New Americans, 86 FR 8277.
FOR FURTHER INFORMATION CONTACT:
You may contact Andria Strano, Acting Chief, Humanitarian
Affairs Division, 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 Yemen's TPS
designation by selecting ``Yemen'' 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
[[Page 36296]]
FR Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
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 Yemen (or individuals having no nationality who
last habitually resided in Yemen) 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 Yemen and whose
applications have been granted.
For individuals who have already been granted TPS under Yemen's
designation, the 60-day re-registration period runs from July 9, 2021
through September 7, 2021. USCIS will issue new EADs with a March 3,
2023 expiration date to eligible Yemeni 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 September 3, 2021. Accordingly, through this Federal Register
Notice, DHS automatically extends the validity of EADs previously
issued under the TPS designation of Yemen for 180 days, through March
2, 2022. Therefore, TPS beneficiaries can show their EADs with: (1) A
September 3, 2021 expiration date on the face of the card and (2) an A-
12 or C-19 category code as proof of continued employment authorization
through March 2, 2022. 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 Yemen TPS application (Form I-821) and/or
Application for Employment Authorization (Form I-765) that was still
pending as of July 9, 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 March 3, 2023. 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
1,700 current beneficiaries under Yemen's TPS designation.\2\
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\2\ Data extracted from the Computer Linked Application
Information Management System (CLAIMS3) and the USCIS Electronic
Immigration System (ELIS) database in March, 2021.
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Under the redesignation, individuals who do not have TPS may submit
an initial application during the initial registration period that runs
from July 9, 2021 and runs through the full length of the redesignation
period ending March 3, 2023. In addition to demonstrating continuous
residence in the United States since July 5, 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 September 4, 2021, the
effective date of this redesignation of Yemen, before USCIS may grant
them TPS. The DHS Office of Immigration Statistics has estimated that
approximately 480 individuals may become newly eligible for TPS under
the redesignation of Yemen.
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.
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 Yemen designated for TPS?
Former Secretary of Homeland Security Jeh Johnson initially
designated Yemen for TPS on September 3, 2015, based on ongoing armed
conflict in the country resulting from the July 2014 offensive by the
Houthis, a northern opposition group that initiated a violent,
territorial expansion across the country, eventually forcing Yemeni
government leaders into exile in Saudi Arabia. See Designation of
Republic of Yemen for Temporary Protected Status, 80 FR 53319 (Sept. 3,
2015). On January 4, 2017, former Secretary Johnson announced an 18-
month extension of Yemen's existing designation and a redesignation of
Yemen for TPS on the dual bases of ongoing armed conflict and
extraordinary and temporary conditions. See Extension and Redesignation
of Republic of Yemen for Temporary Protected Status, 82 FR 859 (Jan. 4,
2017). In July 2018, former Secretary Kirstjen Nielsen extended Yemen's
designation for 18 months, though March 3, 2020. See Extension of the
Designation of Yemen for Temporary Protected Status, 83 FR 40307 (Aug.
14, 2018). Most recently, former Acting Secretary Chad Wolf extended
Yemen's TPS designation for an additional 18 months through September
3, 2021. See Extension of the Designation of Yemen for Temporary
Protected Status, 85 FR 12313 (Mar. 2, 2020).
What authority does the Secretary have to extend the designation of
Yemen 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.\3\ 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, extension or termination
of
[[Page 36297]]
a designation. See INA section 244(b)(5)(A). The Secretary, in his/her
discretion, may then grant TPS to eligible nationals of that foreign
state (or individuals having no nationality who last habitually resided
in the designated country). See INA section 244(a)(1)(A), 8 U.S.C.
1254a(a)(1)(A).
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\3\ 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 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).
What is the Secretary's authority to redesignate Yemen 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.\4\ See section
244(b)(1) of the Act, 8 U.S.C. 1254a(b)(1); see also section
244(c)(1)(A)(i) of the Act, 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).
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\4\ This extension and redesignation of TPS for Yemen is one of
several instances in which the Secretary and, prior to the
establishment of DHS, the Attorney General have simultaneously
extended a country's TPS designation and redesignated the country
for TPS. See, e.g., 76 FR 29000 (May 19, 2011) (extension and
redesignation for Haiti); 69 FR 60168 (Oct. 7, 2004) (extension and
redesignation for Sudan); 62 FR 16608 (Apr. 7, 1997) (extension and
redesignation for Liberia).
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When the Secretary designates or redesignates a country for TPS,
the Secretary 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 section 244(c)(1)(A)(ii) of the
Act, 8 U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the
``continuous residence'' date for applicants for TPS under the
redesignation of Yemen shall be July 5, 2021. Initial applicants for
TPS under this redesignation must also show they have been
``continuously physically present'' in the United States since
September 4, 2021, which is the effective date of the Secretary's most
recent designation, or redesignation, of Yemen. See section
244(c)(1)(A)(i) of the Act, 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 September 4, 2021.
USCIS, however, will issue employment authorization documentation, as
appropriate, during the registration period in accordance with 8 CFR
244.5(b).
Why is the Secretary extending the TPS designation for Yemen and
simultaneously redesignating Yemen for TPS through March 3, 2023?
DHS has reviewed conditions in Yemen. Based on this review and
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the armed conflict is ongoing, and
the extraordinary and temporary conditions that prompted the 2017
redesignation of Yemen persist. The Secretary has further determined
that the conditions support redesignating Yemen for TPS under section
244(b)(1)(A) and (C) of the Act and changing the dates for ``continuous
residence'' and ``continuous physical presence'' in the United States
that applicants must meet, in addition to other requirements, to be
eligible for TPS.
In September 2014, the Houthi clan, with their armed wing, Ansar
Allah, and forces allied with them, launched an attack on Sana'a,
Yemen's capital city, and much of the surrounding areas in an attempt
to remove Yemen's President Abdu Rabbu Mansour Hadi.\5\ The armed
conflict in Yemen escalated on March 25, 2015, when a coalition that
included Saudi Arabia and the United Arab Emirates (UAE) entered the
conflict with the aim of retaking the Houthis' territorial gains and
returning President Hadi to power.\6\ Now in its seventh year, the
protracted conflict has shown no sign of abating, as fighting between
Houthi and government forces continues.\7\
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\5\ The War in Yemen and the Making of a Chaos State, The
Atlantic, February 3, 2018.
\6\ Saudi Arabia bombs Yemen, launches coalition op against
Houthi rebels, Reuters, March 25, 2015.
\7\ Kali Robinson, Yemen's Tragedy: War, Stalemate, and
Suffering, Council on Foreign Relations, Feb. 5, 2021.
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There are 24.1 million people (approximately 80% of the population)
in need of humanitarian assistance as a result of civil war and
conflict in Yemen.\8\ The United Nations High Commissioner for Refugees
(UNHCR) has recorded 69,160 Yemeni refugees and asylum-seekers in
neighboring countries.\9\ Over 4 million people have been internally
displaced within Yemen, and 166,000 of those were displaced in
2020.\10\ The number of those killed since the escalation in violence
in 2015 is estimated at over 233,000 individuals.\11\ The protracted
armed conflict has resulted in high levels of food insecurity, limited
access to water and medical care, and the large-scale destruction of
Yemen's infrastructure and cultural heritage.\12\
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\8\ The United Nations in Yemen, https://yemen.un.org/en/about/about-the-un, (last visited April 26, 2021).
\9\ Refugee Data Finder, The UN Refugee Agency, UNHCR, https://www.unhcr.org/refugee-statistics/download/?url=Gb4fe1 (last visited
Apr. 16, 2021).
\10\ Operational Update: Yemen, UNHCR, April 15, 2021.
\11\ UN humanitarian office puts Yemen war dead at 233,000,
mostly from `indirect causes', UN News, Dec. 1, 2020.
\12\ Heritage at Risk in Yemen, UNESCO, https://en.unesco.org/galleries/heritage-risk-yemen (last visited April 16, 2021).
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The ongoing conflict has deepened Yemen's difficult economic and
humanitarian situation. The food security situation has significantly
deteriorated, with 16.2 million people experiencing food
insecurity.\13\ The conflict has also severely impacted the delivery of
basic services, including health services, water, sanitation, and
education. UNICEF estimates that 18 million people in Yemen
(approximately 59% of the population) do not currently have access to
clean water and sanitation.\14\ Infrastructure damage as a result of
the conflict has further constrained service delivery and relief
efforts, as roads, bridges, flood control systems, health facilities,
airports, and schools have been damaged or destroyed in the
conflict.\15\ Even if a political resolution to the conflict is
reached, Yemen will be faced with tremendous reconstruction needs.
Additionally, thousands of landmines have been placed during the
conflict,
[[Page 36298]]
with mine clearance likely taking years to complete.\16\
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\13\ WFP Yemen Emergency Dashboard, World Food Programme, March
2021.
\14\ UNICEF Yemen, Water, Sanitation, Hygiene, https://www.unicef.org/yemen/water-sanitation-and-hygiene (last visited
April 23, 2021).
\15\ Saudi-led attacks devastated Yemen's civilian
infrastructure, dramatically worsening the humanitarian crisis, The
Washington Post, Feb. 22, 2021.
\16\ Yemen: Houthi Landmines Kill Civilians, Block Aid, Human
Rights Watch, April 22, 2019.
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COVID-19 has devastated what remained of Yemen's healthcare
infrastructure after years of protracted conflict. In April of 2021, it
was reported that a new wave of COVID infections had more than doubled
the number of confirmed cases in the preceding six weeks, and that
while health facilities are increasingly turning people away for lack
of space and supplies, reporting mechanisms capture only a small share
of cases.\17\ In December of 2020, it was reported that only 51% of
Yemen's health facilities were functioning, and the country had
desperately low testing capacity for COVID-19, a total of only 700
intensive care beds, and just 500 ventilators available for a
population of over 30 million people.\18\ In July of 2020,
approximately 20% of the country's 333 districts had no medical
doctors, with numbers continuing to decline as scores of doctors died
from the virus.\19\ Healthcare for mothers and their babies is on the
brink of collapse, with only 20% of the remaining healthcare facilities
providing maternal and newborn healthcare as of December 2020.\20\ One
woman and six newborns in Yemen die every two hours due to
complications during pregnancy or childbirth.\21\
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\17\ Under-Secretary-General for Humanitarian Affairs and
Emergency Relief Coordinator, Mark Lowcock: Briefing to the Security
Council on the Humanitarian Situation in Yemen, United Nations
Office for the Coordination of Humanitarian Affairs, April 15, 2021.
\18\ A crisis with no end in sight: How the ongoing crisis in
Taiz Governorate continues to put civilians at risk, Oxfam, p. 3,
Dec. 2020.
\19\ Agencies fear hidden cholera deaths in Yemen as Covid-19
overwhelms clinics, The Guardian, July 28, 2020.
\20\ After years of conflict, Yemen remains the world's worst
humanitarian crisis, a UNFPA 2021 appeal shows, Reliefweb, Dec. 7,
2020.
\21\ After years of conflict, Yemen remains the world's worst
humanitarian crisis, a UNFPA 2021 appeal shows, Reliefweb, Dec. 7,
2020.
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Yemen's citizens have also been beleaguered by a cholera outbreak
since 2016.\22\ Between October 2016 and December 2020, 2,510,806 cases
of cholera were recorded in Yemen.\23\ COVID-19 can exacerbate death
tolls in areas with cholera outbreaks, because the twin crises can
overwhelm the healthcare system, and COVID-19 outbreaks can discourage
cholera patients from seeking medical attention.\24\ The cholera
outbreak in Yemen is considered to be the worst in modern times,
affecting all other major health crises, including COVID-19, and
contributing to widespread malnutrition.\25\
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\22\ Yemen's cholera outbreak now the worst in history as
millionth case looms, The Guardian, Oct. 12, 2017.
\23\ Cholera Situation in Yemen, December 2020, World Health
Organization, Dec. 2020.
\24\ Osama B. Hassan & Laura B. Nellums, Cholera during COVID-
19: The forgotten threat for forcibly displaced populations,
EClinicalMedicine published by The Lancet, Volume 32, Feb. 11, 2021.
\25\ Agencies fear hidden cholera deaths in Yemen as Covid-19
overwhelms clinics, The Guardian, July 28, 2020.
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Since March of 2020, the economy of Yemen has contracted sharply
from an already low base.\26\ The COVID-19 pandemic depressed the
worldwide oil market, which was particularly problematic for Yemen as
the oil sector was previously the only large export earner in the
Yemeni economy.\27\ Yemen's private sector has suffered greatly from
the armed conflict, and the shrinking of the economy has also affected
the ability of laborers to bring home wages due to an extremely
unreliable supply chain and a coercive business environment.\28\
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\26\ Republic of Yemen, World Bank Economic Update, April 2021.
\27\ Republic of Yemen, World Bank Economic Update, April 2021.
\28\ Republic of Yemen, World Bank Economic Update, April 2021.
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Based upon this review and after consultation with appropriate
Government agencies, the Secretary has determined that:
The conditions supporting Yemen'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 Yemen
and, due to such conflict, requiring the return to Yemen of Yemeni
nationals (or individuals having no nationality who last habitually
resided in Yemen) 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 Yemen that prevent Yemeni nationals (or individuals
having no nationality who last habitually resided in Yemen) from
returning to Yemen in safety, and it is not contrary to the national
interest of the United States to permit Yemeni 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 Yemen for TPS should be extended for an
18-month period, from September 4, 2021, through March 3, 2023. See INA
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Yemen should be simultaneously redesignated for TPS
effective September 4, 2021, through March 3, 2023, on the statutory
bases of ongoing armed conflict and extraordinary and temporary
conditions. See section 244(b)(1)(A) and (C) and (b)(2) of the Act, 8
U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
Under the redesignation, the Secretary has determined that
TPS applicants must demonstrate that they have continuously resided in
the United States since July 5, 2021.
Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since September 4, 2021, the effective date of the
redesignation of Yemen for TPS.
There are approximately 1,700 current Yemen TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.\29\
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\29\ See FN 2.
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It is estimated that approximately 480 additional
individuals may be eligible for TPS under the redesignation of Yemen.
This estimate includes Yemenis in the United States as nonimmigrants or
without immigration status.
Notice of Extension of the TPS Designation and Redesignation of Yemen
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 Yemen'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 Yemen for
18 months, from September 4, 2021 through March 3, 2023 and
redesignating Yemen for TPS for the same 18-month period. See INA
section 244(b)(1)(A), (b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(A),
(b)(1)(C), and (b)(2).
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
Yemen, 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, if you can demonstrate an inability to pay the fee, you may be able
[[Page 36299]]
to have the fee waived. A fee waiver may be requested by submitting a
Request for a Fee Waiver (Form I-912). 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. If you can demonstrate an inability to pay the
biometric services fee, you may request to have the fee waived. Please
see additional information under the ``Biometric Services Fee'' section
of this Notice.
EAD information if you are already a TPS Yemen Beneficiary:
Through this Federal Register Notice, your existing EAD issued
under the TPS designation of Yemen with the expiration date of
September 3, 2021, is automatically extended for 180 days, through
March 2, 2022. Although not required to do so, if you want to obtain a
new EAD valid through March 3, 2023, you must file an Application for
Employment Authorization (Form I-765) and pay the Form I-765 fee (or
request a fee waiver). 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. 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 March 2, 2022.
If you have a Form I-821 and/or Form I-765 that was still pending
as of July 9, 2021, then you do not need to file either application
again. If USCIS approves your pending TPS application, USCIS will grant
you TPS through March 3, 2023. Similarly, if USCIS approves your
pending TPS-related Form I-765, it will be valid through the same date.
EAD information if you are not already a TPS Yemen Beneficiary:
Everyone must provide their employer with documentation showing
that they have the legal right to work in the United States. You do not
need to have an EAD, but you can obtain one and it will prove your
legal right to work. 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). If you do not want to request an
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.
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 generally submit a
biometric services fee. As previously stated, if you can demonstrate an
inability to pay the biometric services fee, you may be able to have
the fee waived. A fee waiver may be requested by submitting 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 Initial Registration Application After Receiving Notice
That the Fee Waiver Request Was Not Granted
You should file as soon as possible so USCIS can process your
application and issue any EAD promptly, if you requested one. If you
receive a denial of a fee waiver request related to your initial TPS
application, you must refile your Form I-821 for TPS along with the
required fees no later than March 3, 2023, in order to continue seeking
initial TPS. If your fee waiver request was not granted, 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: An initial applicant for TPS must pay the Form I-821
filing fee and those applicants age 14 or older must also pay the
biometric services fee, unless granted a fee waiver. However, 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 registration, and could wait to seek an
EAD until after USCIS has approved your TPS registration application
or at any later date you decide you want to request an EAD. If you
choose to do this, to register for TPS you only need to file the
Form I-821 with the $50 filing fee and the biometric services fee,
if applicable (or request a fee waiver).
Refiling a TPS Re-Registration Application After Receiving Notice That
the Fee Waiver Request Was Not Granted
You should file as soon as possible so USCIS can process your
application and issue any EAD promptly, if you requested one. Properly
filing early will also allow you to have time to refile your
application before the deadline, should USCIS not grant your fee waiver
request. If you receive a notice that your fee waiver request was not
granted and are unable to refile by September 7, 2021, 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 notice that the fee waiver was not granted, 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. If your fee
waiver request is not granted, 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: A re-registering TPS beneficiary age 14 and older must
pay the biometric services fee (but not the Form I-821 filing fee),
or request a fee waiver, when filing a TPS re-registration
application. However, 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 could wait to seek an EAD until after USCIS has
approved your TPS re-registration application or at any later date
you decide you want to request an EAD. 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.
[[Page 36300]]
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you would like to send
your application by: Then, mail your application to:
------------------------------------------------------------------------
U.S. Postal Service.......... U.S. Citizenship and Immigration
Services, Attn: TPS Yemen, P.O. Box
6943, Chicago, IL 60680-6943.
FedEx, UPS, or DHL........... U.S. Citizenship and Immigration
Services, Attn: TPS Yemen (Box 6943),
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
``Yemen.''
Employment Authorization Document (EAD)
How can I obtain information on the status of my TPS application and
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).
Am I eligible to receive an automatic 180-day extension of my current
EAD through March 2, 2022, using this Federal Register Notice?
Yes. Regardless of your country of birth, provided that you
currently have a Yemen TPS-based EAD with an expiration date of
September 3, 2021, on the face of the card, bearing the notation A-12
or C-19 under Category, this notice automatically extends your EAD
through March 2, 2022. Although this Federal Register Notice
automatically extends your EAD through March 2, 2022, 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 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 September 3,
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 March 2, 2022, unless your
TPS has been withdrawn or your request for TPS has been denied.
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 March 2, 2022, but you are not required to do so. The last day
of the automatic EAD extension is March 2, 2022. Before you start work
on March 3, 2022, your employer is required by law to reverify your
employment authorization in Section 3 of Form I-9. By 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 Yemeni 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.
[[Page 36301]]
Employers need not reverify List B identity documents. Therefore,
employers may not request proof of Yemeni 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 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 March 3, 2022, for Section 1, you should:
a. Check ``An alien authorized to work until'' and enter March 2,
2022 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 September 3, 2021;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write March 2, 2022, as the expiration date.
Before the start of work on March 3, 2022, 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 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 September 3, 2021, on the front of
the card.
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 March 2, 2022, 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
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 March 3, 2022,
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. Employers should enter March 2,
2022, as the expiration date for an EAD that has been extended under
this Federal Register Notice.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' 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 March 3, 2022, you must reverify his or her
employment authorization in Section 3 of Form I-9. Employers may 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, 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 or
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
[[Page 36302]]
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 automatically
extended EAD as referenced in this Federal Register Notice do not need
to show any other document, such as an I-797C Notice of Action or this
Federal Register Notice, 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 with a TPS category code of A12 or C19;
Your Form I-94, Arrival/Departure Record;
Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
Your Form I-797, the notice of approval, for a past or
current Form I-821, if you received one from USCIS.
Check with the government agency regarding which document(s) the
agency 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. It may
assist the agency if you:
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. 2021-14670 Filed 7-7-21; 4:15 pm]
BILLING CODE 9111-97-P