[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38744-38753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15595]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2698-21; DHS Docket No. USCIS-2013-0006]
RIN 1615-ZB77


Extension and Redesignation of Somalia 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 Somalia for Temporary Protected Status 
(TPS) for 18 months, from September 18, 2021, through March 17, 2023, 
and redesignating Somalia for 18 months, effective September 18, 2021 
through March 17, 2023. The extension allows currently eligible TPS 
beneficiaries to retain TPS through March 17, 2023, so long as they 
otherwise continue to meet the eligibility requirements for TPS. The 
redesignation of Somalia allows additional individuals who have been 
continuously residing in the United States since July 19, 2021 to 
obtain TPS, if otherwise eligible.

DATES: Extension of Designation of Somalia for TPS: The 18-month 
extension of the TPS designation of Somalia is effective September 18, 
2021, and will remain in effect through March 17, 2023. The 60-day re-
registration period for existing beneficiaries runs from July 22, 2021 
through September 20, 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 Somalia for TPS: The 18-month redesignation of 
Somalia for TPS is effective September 18, 2021, and will remain in 
effect through March 17, 2023. The initial registration period for new 
applicants under the Somalia TPS redesignation begins on July 22, 2021 
and will remain in effect through March 17, 2023. For more information, 
see SUPPLEMENTARY INFORMATION.

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,

[[Page 38745]]

Camp Springs, MD 20746, or by phone at 800-375-5283.

ADDRESSES: For further information on TPS, including guidance on the 
registration and 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 Somalia's TPS designation by selecting ``Somalia'' 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: 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 months 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 Somalia 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 may be otherwise eligible for 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 sources of fear and other 
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.

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
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 Somalia (or individuals having no nationality who 
last habitually resided in Somalia) 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 Somalia and whose 
applications have been granted.
    For individuals who have already been granted TPS under Somalia's 
designation, the 60-day re-registration period runs from July 22, 2021 
through September 20, 2021. USCIS will issue new EADs with a March 17, 
2023 expiration date to eligible Somali TPS beneficiaries who timely 
re-register and apply for EADs. Given the time frames 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 17, 2021. Accordingly, through this Federal 
Register notice, DHS automatically extends the validity of EADs 
previously issued under the TPS designation of Somalia for 180 days, 
through March 16, 2022. Therefore, TPS beneficiaries can show their 
EADs with: (1) A September 17, 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 16, 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 Somalia TPS application (Form I-821) and/or 
Application for Employment Authorization (Form I-765) that was still 
pending as of July 22, 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 17, 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 currently 
approximately 447 beneficiaries under Somalia's TPS designation.
    Under the redesignation, individuals who currently do not have TPS 
may submit an initial application during the initial registration 
period that runs from July 22, 2021 and runs through the full length of 
the redesignation period ending March 17, 2023. In addition to 
demonstrating continuous residence in the United States since July 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 September 
18, 2021, the effective date of this redesignation of Somalia, before 
USCIS may grant them TPS. The DHS

[[Page 38746]]

Office of Immigration Statistics has estimated that approximately 100 
individuals may become newly eligible for TPS under the redesignation 
of Somalia.

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 
individuals 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 Somalia designated for TPS?

    Somalia was initially designated on September 16, 1991, on the 
basis of extraordinary and temporary conditions in Somalia that 
prevented nationals of Somalia from safely returning. See Designation 
of Nationals of Somalia for Temporary Protected Status, 56 FR 46804 
(Sept. 16, 1991). Somalia's designation for TPS has been consecutively 
extended by multiple administrations since its initial designation in 
1991. Additionally, Somalia was redesignated for TPS in 2001, based on 
extraordinary and temporary conditions. See Extension and Redesignation 
of Somalia under Temporary Protected Status Program, 66 FR 46288 (Sept. 
4, 2001). In 2012, Somalia was again redesignated for TPS on the basis 
of extraordinary and temporary conditions and under the separate basis 
of ongoing armed conflict. See Extension and Redesignation of Somalia 
for Temporary Protected Status, 77 FR 25723 (May 1, 2012). Somalia's 
2012 TPS designation was subsequently extended in 2013, 2015, 2017, 
2018, and most recently in 2020 for 18 months based on ongoing armed 
conflict and extraordinary and temporary conditions. See Extension of 
the Designation of Somalia for Temporary Protected Status, 85 FR 14229 
(March 11, 2020).

What authority does the Secretary have to extend the designation of 
Somalia 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 the TPS statute states there is no 
judicial review of any determination with respect to the designation, 
extension, or termination of a designation.\2\ The Secretary, in his or 
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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    \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).
    \2\ See INA, section 244(b)(5)(A). This issue of judicial review 
remains the subject of ongoing litigation. See, e.g., Ramos v. Wolf, 
975 F.3d 872 (9th Cir. 2020), petition for en banc rehearing filed 
Nov. 30, 2020 (No. 18-16981); Saget v. Trump, 375 F. Supp. 3d 280 
(E.D.N.Y. 2019), appeal pending, No. No. 19-1685 (2d Cir.).
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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 Somalia for TPS?

    In addition to extending an existing TPS designation, the 
Secretary, after consultation with appropriate Government agencies, may 
redesignate a country (or part thereof) for TPS. See 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).\3\
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    \3\ The extension and redesignation of TPS for Somalia 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 
initial 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 Somalia shall be July 19, 2021. 
Initial applicants for TPS under this redesignation must also show they 
have been ``continuously physically present'' in the United States 
since September 18, 2021, which is the effective date of the 
Secretary's redesignation, of Somalia. 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 18, 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 Somalia and 
simultaneously redesignating Somalia for TPS through March 17, 2023?

    DHS has reviewed country conditions in Somalia. Based on the 
review,

[[Page 38747]]

including input received from DOS, the Secretary has determined that an 
18-month extension is warranted because the ongoing armed conflict and 
extraordinary and temporary conditions supporting Somalia's 2012 TPS 
redesignation persist. The Secretary has further determined that the 
conditions support redesignating Somalia for TPS under section 
244(b)(1)(A) and (C) of the Act and is changing the ``continuous 
residence'' and ``continuous physical presence'' dates that applicants 
must meet to be eligible for TPS.
    The ongoing armed conflict in Somalia, along with natural disasters 
and contagious disease outbreaks, have worsened an already severe 
humanitarian crisis. Since DHS last extended TPS for Somalia, a 
dramatic upsurge in violence, severe drought, flooding, and the spread 
of desert locusts have contributed to worsening food insecurity and 
internal displacement.\4\ Moreover, an outbreak of cholera in 
conjunction with the COVID-19 pandemic presented major challenges for a 
healthcare system that had already been severely weakened by ongoing 
conflict. These conditions have left a large portion of the population 
in need of humanitarian assistance.\5\ Numerous factors impede the 
delivery of humanitarian aid, including difficulty accessing areas 
affected by climate-related disasters, general insecurity, and most 
notably threats to aid workers and restrictions on the presence and 
work of humanitarian agencies. \6\
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    \4\ Humanitarian Response Plan Somalia, The UN Office for the 
Coordination of Humanitarian Affairs, February 2021, pg. 7.
    \5\ Somalia Key Figures, The UN Office for the Coordination of 
Humanitarian Affairs, https://m.reliefweb.int/country/216/som?figures-display=all (last visited May 5, 2021).
    \6\ Humanitarian Response Plan Somalia, The UN Office for the 
Coordination of Humanitarian Affairs, February 2021, pg. 5; 2020 
Country Reports on Human Rights Practices: Somalia, U.S. Department 
of State, April 7, 2021, pg. 15.
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    The insurgent group Al-Shabaab continues to present a significant 
risk. Becoming bolder since early 2019, Al-Shabaab regularly attacks 
major towns and conducts deadly attacks on civilian and military 
targets alike.\7\ The organization continues to maintain its capability 
to infiltrate Mogadishu and carry out high-profile attacks.\8\ The 
group conducted a monthly average of 140 attacks between November 2020 
and February 2021.\9\ The group continues to maintain a stronghold in 
the southern parts of Somalia, such as the Lower Juba and Lower 
Shabelle regions, and also retains operational military capacity in the 
northern federal member states of Puntland \10\ and Somaliland.\11\
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    \7\ Felbab-Brown, Vanda, The Problem with Militias in Somalia, 
United Nations Center for Policy Research, 2020 pg. 120.
    \8\ Situation in Somalia Report of the Secretary-General 
(November 2020-February 2021), UN Security Council, February 17, 
2021 pg. 3.
    \9\ Situation in Somalia Report of the Secretary-General 
(November 2020-February 2021), UN Security Council, February 17, 
2021, pg.4.
    \10\ Puntland is a region in the north-east part of Somalia that 
declared itself as an autonomous state in August 1998. Puntland 
Profile, BBC News, last updated on March 11, 2019.
    \11\ Somaliland declared independence from Somalia in 1991. 
While not internationally recognized as an independent state, 
Somaliland has a political system, government institutions, a police 
force, and its own currency. Somaliland Profile, BBC News, last 
updated on December 14, 2017; Felbab-Brown, Vanda, The Problem with 
Militias in Somalia, United Nations Center for Policy Research, 
2020, pg. 12.
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    Interclan \12\ conflicts remain a major concern, particularly in 
Hiiraan, Galmudug, Lower Shabelle, and Middle Shabelle regions in 
southern and central Somalia, and in the Sool region, bordering 
Puntland and Somaliland.\13\ Beginning in April 2020 and throughout the 
year, the area around Wanlaweyn in Lower Shabelle region saw fierce 
interclan fighting between clan militias.\14\ Civilians continue to 
bear the brunt of the ongoing interclan violence.\15\ This violence led 
to the destruction of property and livelihoods, including via land 
grabbing; limited free movement and access to humanitarian assistance; 
and taxation of communities (including through forced child 
recruitment).\16\
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    \12\ Information on Somali clans and sub-clan divisions is 
available in the Genealogical Table of Somali Clans, UNHCR, March 
15, 2004.
    \13\ Humanitarian Response Plan Somalia, The UN Office for the 
Coordination of Humanitarian Affairs, February 2021, pg.13.
    \14\ 2020 Country Reports on Human Rights Practices: Somalia, 
U.S. Department of State, April 7, 2021, pg. 4.
    \15\ 2020 Country Reports on Human Rights Practices: Somalia, 
U.S. Department of State, April 7, 2021, pg. 5.
    \16\ Humanitarian Response Plan Somalia, The UN Office for the 
Coordination of Humanitarian Affairs, February 2021, pg. 12-13.
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    Security forces and private landowners continued to forcibly evict 
\17\ internally displaced persons (IDPs).\18\ In September of 2020, 
100,000 IDPs reportedly were evicted from their temporary homes through 
that point in the year.\19\
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    \17\ Internally displaced persons (IDPs) are generally most 
affected by forced evictions in Mogadishu, Somalia's capital. 
Generally, these IDPs--fleeing from insecurity and natural disasters 
in rural areas--establish temporary settlements in abandoned areas 
in Mogadishu, where they pay rent to ``gatekeepers''--the de facto 
managers of these informal settlements. These evictions are linked 
to rising land and property values, and clan power dynamics among 
one of the most powerful clans--the Hawiye clan in the Mogadishu 
area. The combination of these factors has led to forced evictions 
of IDPs, usually with force and without any prior notice. 
UnSettlement: Urban displacement in the 21st century, Internal 
Displacement Monitoring Centre, November 2018, pg. 5-7.
    \18\ Somalia 2020, Amnesty International, 2021.
    \19\ Somalia 2020, Amnesty International, 2021.
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    Women and girls in Somalia face high rates of gender-based 
violence, and IDPs are disproportionately impacted.\20\ This includes 
abductions, female genital mutilation/cutting (FGM/C), and early and 
forced marriage, as well as reported incidents of rape and gang rape by 
state agents, militias associated with clans, and unidentified armed 
men.\21\ Al-Shabaab also committed gender-based violence,\22\ including 
forced marriages in areas under its control.\23\ There are also reports 
of rape and sexual exploitation and abuse by government forces, 
including by the Somali National Army (SNA) and the African Union 
Mission in Somalia (AMISOM) forces.\24\
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    \20\ 2020 Country Reports on Human Rights Practices: Somalia, 
U.S. Department of State, April 7, 2021, pg. 30-31.
    \21\ 2020 Country Reports on Human Rights Practices: Somalia, 
U.S. Department of State, April 7, 2021, pg. 30-31.
    \22\ 2020 Country Reports on Human Rights Practices: Somalia, 
U.S. Department of State, April 7, 2021, pg. 14.
    \23\ Situation in Somalia Report of the Secretary-General 
(November 2020-February 2021), UN Security Council, February 17, 
2021, pg. 10.
    \24\ 2020 Country Reports on Human Rights Practices: Somalia, 
U.S. Department of State, April 7, 2021, pg. 5.
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    All parties to the conflict in Somalia continued to commit serious 
abuses against children, including those involving killings, maiming, 
and recruitment and use of child soldiers.\25\ Between November 2020 
and February 2021, some 1,112 children (924 boys and 188 girls) were 
affected by serious abuses.\26\ During this period, 395 children were 
abducted, 254 children were killed or maimed, 375 children were 
recruited and used as child soldiers, and 88 girls were victims of rape 
and other forms of sexual violence.\27\ Al-Shabaab was responsible for 
most of these abuses.\28\ Al-Shabaab also continued to recruit and use 
children to directly participate in hostilities, and used them in 
suicide attacks and, at times, as human shields

[[Page 38748]]

for other fighters.\29\ Al-Shabaab's recruitment practices included 
raiding schools, madrassas, and mosques, and harassing and coercing 
clan elders to recruit children.\30\
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    \25\ Somalia Word Report: Events of 2020, Human Rights Watch, 
2021.
    \26\ Situation in Somalia Report of the Secretary-General 
(November 2020-February 2021), UN Security Council, February 17, 
2021, pg. 9-10.
    \27\ Situation in Somalia Report of the Secretary-General 
(November 2020-February 2021), UN Security Council, February 17, 
2021, pg. 9-10.
    \28\ Situation in Somalia Report of the Secretary-General 
(November 2020-February 2021), UN Security Council, February 17, 
2021, pg. 9-10.
    \29\ 2020 Country Reports on Human Rights Practices: Somalia, 
U.S. Department of State, April 7, 2021, pg. 14.
    \30\ 2020 Country Reports on Human Rights Practices: Somalia, 
U.S. Department of State, April 7, 2021, pg. 14.
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    In April 2021, the UN Office for the Coordination of Humanitarian 
Affairs (UNOCHA) reported that ``80 percent of the country is 
experiencing drought conditions,'' \31\ with drought affecting the 
three main regions of Somalia--South/Central, Puntland and 
Somaliland.\32\ Below average rainfall from October to December 2020, 
followed by harsher and unusually warm temperatures in January to March 
2021, worsened drought conditions across the country in March and April 
2021.\33\ Ongoing water shortages linked to drought are driving steep 
water price increases in many regions, and a growing number of people 
rely on expensive water delivered by trucks to meet their basic needs, 
contributing to worsening humanitarian conditions.\34\ As of April 
2021, more than 116,000 people have been displaced due to drought and 
resultant water scarcity.\35\
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    \31\ Somalia: Drought Conditions Update, The UN Office for the 
Coordination of Humanitarian Affairs, April 26, 2021.
    \32\ Somalia Drought Update, Food and Agriculture Organization 
of the United Nations, April 22, 2021, pg. 1.
    \33\ Somalia Drought Update, Food and Agriculture Organization 
of the United Nations, April 22, 2021, pg. 1.
    \34\ Fact Sheet #2: Somalia-Complex Emergency, U.S. Agency for 
International Development, April 28, 2021, pg. 2.
    \35\ Fact Sheet #2: Somalia-Complex Emergency, U.S. Agency for 
International Development, April 28, 2021, pg. 2.
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    Somalia has also experienced ongoing problems related to flooding. 
In October 2019, heavy rains displaced close to 270,000 people; the 
worst affected region was in Hiiraan, in central Somalia.\36\ In 2020, 
ongoing flooding events displaced 919,000 people and destroyed 
infrastructure, property and 144,000 hectares of agricultural 
fields.\37\
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    \36\ Hundreds of thousands of people affected by floods in 
central Somalia, MSF, November 5, 2019.
    \37\ Humanitarian Response Plan Somalia, The UN Office for the 
Coordination of Humanitarian Affairs, February 2021, pg. 11.
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    In December 2020, locust swarms began forming in central regions of 
Somalia,\38\ spreading to southern and northern regions in early 2021 
and affecting close to 300,000 hectares of land and 700,000 people.\39\ 
On February 2, 2020, the Somali government declared a national state of 
emergency due to the impact of the locusts.\40\ UNOCHA reported in 
February 2021 that Somalia experienced its worst desert locust upsurge 
in 25 years, damaging tens of thousands of hectares of cropland and 
pasture with potentially severe consequences for agriculture and 
pastoral-based livelihoods.\41\
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    \38\ Humanitarian Response Plan Somalia, The UN Office for the 
Coordination of Humanitarian Affairs, February 2021, pg. 12.
    \39\ Situation in Somalia Report of the Secretary-General 
(November 2020-February 2021), UN Security Council, February 17, 
2021 pg. 10.
    \40\ Situation in Somalia--Report of the Secretary-General (S/
2020/121), UN Security Council, February 13, 2020, pg. 11.
    \41\ Humanitarian Response Plan Somalia, The UN Office for the 
Coordination of Humanitarian Affairs, February 2021, pg. 12.
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    In an October 2020 report, the Food and Agriculture Organization of 
the United Nations (FAO) and the World Food Programme (WFP) identified 
Somalia as one of 20 ``acute food insecurity hotspots,'' \42\ and noted 
that Somalia is facing ``high levels of acute food insecurity.'' \43\ 
The Food Security Nutrition Analysis Unit (FSNAU) for Somalia assessed 
that the ``drivers of acute food insecurity in Somalia included the 
compounding effects of poor and erratic rainfall distribution, 
flooding, Desert Locust infestation, socioeconomic impacts of COVID-19, 
and conflict.'' \44\ As of March 2021, an estimated 2.7 million people 
are facing acute food insecurity.\45\ Moreover, in March 2021, UNOCHA 
also reported that in 2020, children constitute over 60% of those in 
need in Somalia, and malnutrition rates among children remain among the 
worst in the world.\46\
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    \42\ FAO-WFP early warning analysis of acute food insecurity 
hotspots: October 2020, Food and Agriculture Organization of the 
United Nations and the World Food Programme, Nov. 2020, pg. 6.
    \43\ FAO-WFP early warning analysis of acute food insecurity 
hotspots: October 2020, Food and Agriculture Organization of the 
United Nations and the World Food Programme, Nov. 2020, pg. 13.
    \44\ Up to 2.7 million in Somalia face acute food insecurity 
Crisis (IPC Phase 3) or worse outcomes through mid-2021, Food 
Security and Nutrition Analysis Unit, February 4, 2021.
    \45\ Fact Sheet #2: Somalia-Complex Emergency, U.S. Agency for 
International Development, April 28, 2021, pg. 1.
    \46\ 2021 Somalia Humanitarian Needs Overview, The UN Office for 
the Coordination of Humanitarian Affairs pg. 7.
---------------------------------------------------------------------------

    COVID-19 has directly impacted Somalia's health care system, which 
is limited.\47\ In June 2020, the World Health Organization (WHO) 
assessed that Somalia's health system, decimated by decades of civil 
war, ranked 194 out of 195 on the Global Health Security Index.\48\ 
While the global standard for healthcare workers is 25 per 100,000 
people, Somalia has only 2 healthcare workers per 100,000 people.\49\ 
With only 15 ICU beds for a population of more than 15 million, it is 
listed among the least-prepared countries in the world to detect and 
report epidemics, or to execute a rapid response that might mitigate 
further spread of disease.\50\
---------------------------------------------------------------------------

    \47\ COVID-19, locusts, flooding: WHO and triple threat in 
Somalia, World Health Organization, June 23, 2020.
    \48\ COVID-19, locusts, flooding: WHO and triple threat in 
Somalia, World Health Organization, June 23, 2020.
    \49\ COVID-19, locusts, flooding: WHO and triple threat in 
Somalia, World Health Organization, June 23, 2020.
    \50\ COVID-19, locusts, flooding: WHO and triple threat in 
Somalia, World Health Organization, June 23, 2020.
---------------------------------------------------------------------------

    Somalia has also been experiencing a cholera outbreak since 
December 2017, following floods that affected areas near the Jubba and 
Shabelle rivers in southern and central Somalia.\51\ According to WHO, 
in 2020 Somalia had 6,589 suspected cases of cholera and 33 reported 
deaths.\52\ In April 2020, flash floods caused by heavy rains led to 
the contamination of water sources, thus causing an increase in the 
number of cholera cases.\53\
---------------------------------------------------------------------------

    \51\ Outbreak update--Cholera in Somalia, World Health 
Organization, March 23, 2021.
    \52\ Outbreak update--Cholera in Somalia, World Health 
Organization, December 27, 2020.
    \53\ Outbreak update--Cholera in Somalia, World Health 
Organization, March 23, 2021.
---------------------------------------------------------------------------

    Humanitarian organizations operating in Somalia face heightened 
challenges, as security constraints continued to hinder the delivery of 
humanitarian assistance.\54\ UNOCHA reported that in 2020, ``a 
staggering 255 incidents occurred impacting humanitarian operations, in 
which 15 humanitarian workers were killed, compared to 151 incidents in 
2019.'' \55\
---------------------------------------------------------------------------

    \54\ Humanitarian Response Plan Somalia, The UN Office for the 
Coordination of Humanitarian Affairs, February 2021, pg. 5.
    \55\ Humanitarian Response Plan Somalia, The UN Office for the 
Coordination of Humanitarian Affairs, February 2021, pg. 5.
---------------------------------------------------------------------------

    In December 2019, the World Bank reported that ``[d]ecades of civil 
war and political fragmentation have made Somalia one of the poorest 
countries in Sub-Saharan Africa. Nearly seven of 10 Somalis live in 
poverty, the sixth-highest rate in the region.'' \56\ While the World 
Bank stated in March 2020 that ``Somalia reached a key economic 
milestone in obtaining debt relief,'' \57\ the African Development Bank 
assessed

[[Page 38749]]

that Somalia's economy was also affected by ``reduced foreign direct 
investment, as investors shied away during contentious elections that 
were postponed, a shrinkage in remittances because of the global 
recession, and bans on livestock exports by the Gulf countries.'' \58\
---------------------------------------------------------------------------

    \56\ From data to development: Poverty and policy in Somalia, 
World Bank Blogs, December 09, 2019.
    \57\ The International Monetary Fund and the World Bank 
determined that Somalia had taken the necessary steps to begin 
receiving debt relief. For additional details on these requirements, 
please see Somalia to Receive Debt Relief under the Enhanced HIPC 
Initiative, World Bank, March 25, 2020.
    \58\ Somalia Economic Outlook, African Development Bank (last 
visited on May 7, 2021).
---------------------------------------------------------------------------

    Based upon this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Somalia'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 Somalia 
and, due to such conflict and the accompanying humanitarian crisis that 
has been worsened by, among other things, the COVID-19 pandemic, 
requiring the return to Somalia of Somali nationals (or individuals 
having no nationality who last habitually resided in Somalia) 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 Somalia that prevent Somali nationals (or individuals 
having no nationality who last habitually resided in Somalia) from 
returning to Somalia in safety, and it is not contrary to the national 
interest of the United States to permit Somali 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 Somalia for TPS should be extended for 
an 18-month period, from September 18, 2021, through March 17, 2023. 
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Due to the conditions described above, Somalia should be 
simultaneously redesignated for TPS effective September 18, 2021, 
through March 17, 2023. 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).
     For the redesignation, the Secretary has determined that 
initial TPS applicants must demonstrate that they have continuously 
resided in the United States since July 19, 2021.
     Initial TPS applicants under the redesignation must 
demonstrate that they have been continuously physically present in the 
United States since September 18, 2021, the effective date of the 
redesignation of Somalia for TPS.
     There are approximately 447 current Somalia TPS 
beneficiaries who are expected to be eligible to re-register for TPS 
under the extension.
     It is estimated that approximately 100 additional 
individuals may be eligible for TPS under the redesignation of Somalia. 
This population includes Somali nationals in the United States in 
nonimmigrant status or without immigration status.

Notice of Extension of the TPS Designation and Redesignation of Somalia 
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 Somalia'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 Somalia 
for 18 months, from September 18, 2021, through March 17, 2023, and 
redesignating Somalia 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 
Somalia, 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 Form I-821. If you can demonstrate an inability to pay 
the fee, you may request a fee waiver 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 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.
    Through this Federal Register notice, your existing EAD issued 
under the TPS designation of Somalia with the expiration date of 
September 17, 2021, is automatically extended for 180 days, through 
March 16, 2022. If you want to obtain a new EAD valid through March 17, 
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. 
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 16, 2022.
    If you are applying for initial registration and want an EAD, you 
must file and pay the fee for the 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. You may file the application for a new 
EAD either prior to or after your current EAD has expired.
    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 have a Form I-821 or Form I-765 that was still pending as of 
July 22, 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 17, 2023. Similarly, if USCIS approves your pending 
TPS-related Form I-765, it will be valid through the same date.
    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. You can request a fee waiver 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. USCIS may require you to visit an Application 
Support Center so we can capture your biometrics. For additional 
information on the USCIS biometrics

[[Page 38750]]

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 USCIS Did Not Grant the Fee Waiver Request

    You should file as soon as possible so USCIS can process your 
application and issue any EAD promptly, if you requested one. If USCIS 
denies your 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 17, 2023, to continue seeking initial TPS. If USCIS 
does not grant 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 as long 
as it is within the period that Somalia is designated for TPS, if you 
choose.
    Note: An initial applicant for TPS must pay the Form I-821 filing 
fee and applicants age 14 or older must also pay the biometric services 
fee, unless USCIS grants a fee waiver. However, if you decide to wait 
to request an EAD, 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. You may 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 as long as TPS for Somalia continues. 
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 give you time to refile your application before 
the deadline, if USCIS does not grant your fee waiver request. If you 
receive a notice that USCIS did not grant your fee waiver request, and 
you 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, if possible, we urge you to refile within 45 
days of the date on any USCIS notice that we did not grant you a fee 
waiver. 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 USCIS does 
not grant your fee waiver request, you may also refile your Form I-765 
with the 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, if you decide to wait to request an EAD, 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. You may 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. To re-register 
for TPS, you 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 by:                  Then, mail your application to:
----------------------------------------------------------------------------------------------------------------
U.S. Postal Service................................  U.S. Citizenship and Immigration Services, Attn: TPS
                                                      Somalia, P.O. Box 6943, Chicago, IL 60680-6943.
FedEx, UPS, or DHL.................................  U.S. Citizenship and Immigration Services, Attn: TPS
                                                      Somalia (Box 6943), 131 S Dearborn St., 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 you are 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 
``Somalia.''

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 16, 2022, using this Federal Register notice?

    Yes. Regardless of your country of birth, provided that you 
currently have a Somalia TPS-based EAD with an expiration date of 
September 17, 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 16, 2022. Although this Federal Register notice 
automatically extends your EAD through March 16, 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.

[[Page 38751]]

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 
17, 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 16, 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 we have automatically extended your EAD, 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 USCIS has automatically extended your EAD 
through March 16, 2022, but you are not required to do so. The last day 
of the automatic EAD extension is March 16, 2022. Before you start work 
on March 17, 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 Somali 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 do not need to reverify List B identity 
documents. Therefore, employers may not request proof of Somali 
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 USCIS has 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 17, 2022:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter March 16, 
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 17, 
2021;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write March 16, 2022, as the expiration date.
    Before the start of work on March 17, 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 USCIS has now automatically extended your EAD, 
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 17, 2021, on the 
front of the card.
    If your employer determines that USCIS has automatically extended 
your EAD, your employer should update Section 2 of your previously 
completed Form I-9 as follows:
    1. Write EAD EXT and March 16, 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 17, 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.

[[Page 38752]]

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 16, 
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 17, 2022, you must reverify their 
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 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 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, 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;
     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

[[Page 38753]]

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, the SAVE website, www.uscis.gov/save, has detailed 
information on how to make corrections or update your immigration 
record, make an appointment, or submit a written request to correct 
records.

[FR Doc. 2021-15595 Filed 7-21-21; 8:45 am]
BILLING CODE 9111-97-P