[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50725-50733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19617]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2676-21; DHS Docket No. USCIS-2019-0020]
RIN 1615-ZB83


Continuation of Documentation for Beneficiaries of Temporary 
Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, 
Honduras, and Nepal

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

[[Page 50726]]


ACTION: Notice of Continuation of Temporary Protected Status and 
related documentation for Certain TPS beneficiaries.

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SUMMARY: Through this notice, the Department of Homeland Security (DHS) 
announces actions to ensure its continued compliance with the 
preliminary injunction orders of the U.S. District Court for the 
Northern District of California in Ramos, et al. v. Nielsen, et. al., 
No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (``Ramos'') and the U.S. 
District Court for the Eastern District of New York in Saget, et. al., 
v. Trump, et. al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) (``Saget''), 
and with the order of the U.S. District Court for the Northern District 
of California to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-
00731 (N.D. Cal. Mar. 12, 2019) (``Bhattarai''). Beneficiaries under 
the Temporary Protected Status (TPS) designations for El Salvador, 
Nicaragua, Sudan, Honduras, and Nepal will retain their TPS while the 
preliminary injunction in Ramos and the Bhattarai orders remain in 
effect, provided that their TPS is not withdrawn because of individual 
ineligibility. Beneficiaries under the TPS designation for Haiti will 
retain their TPS while either of the preliminary injunctions in Ramos 
or Saget remain in effect, provided that their TPS is not withdrawn 
because of individual ineligibility. However, on August 3, 2021, DHS 
issued a new designation for Haiti TPS, and in order to secure TPS 
pursuant to the new Haiti designation, eligible individuals must apply 
before the close of the registration period on Feb. 3, 2023. Eligible 
individuals are strongly encouraged to apply at the earliest 
practicable date, to ensure that their TPS continues beyond the court-
ordered extensions and without any gaps in status. See Designation of 
Haiti for Temporary Protected Status. In addition, eligible individuals 
who do not register for the new TPS designation during the registration 
period, may be prohibited from filing a late initial registration 
during any subsequent extension of the designation if they do not meet 
certain conditions. This notice further provides information on the 
automatic extension of the validity of TPS-related Employment 
Authorization Documents (EADs); Notices of Action (Forms I-797); and 
Arrival/Departure Records (Forms I-94), (collectively ``TPS-related 
documentation''); for those beneficiaries under the TPS designations 
for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.

DATES: DHS is automatically extending the validity of TPS-related 
documentation for beneficiaries under the TPS designations for El 
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through December 
31, 2022, from the current expiration date of October 4, 2021.

FOR FURTHER INFORMATION CONTACT: 
    [ballot] 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 Dr, Camp Springs, MD 20529-2140; or by phone at 
800-375-5283.
    [ballot] For further information on TPS, please visit the USCIS TPS 
web page at www.uscis.gov/tps.
    [ballot] 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 
U.S. Citizenship and Immigration Services (USCIS) Contact Center at 
800-375-5283 (TTY 800-767-1833).
    [ballot] Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at www.uscis.gov, or visit the USCIS Contact Center at 
uscis.gov/contactcenter.
    [ballot] 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
EAD--Employment Authorization Document
EOIR--Executive Office for Immigration Review
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
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant 
and Employee Rights Section
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

Background on TPS

     TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the Immigration and 
Nationality Act (INA) or to eligible persons without nationality who 
last habitually resided in the designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to obtain EADs so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may travel abroad temporarily with the 
prior consent of DHS.
     The granting of TPS does not result in or lead to lawful 
permanent resident status.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
     When the Secretary of Homeland Security (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 on 
the date TPS terminates.

Purpose of This Action

    This notice ensures DHS's continued compliance with various court 
orders issued by the federal district courts in the Ramos, Bhattarai, 
and Saget lawsuits that require DHS to maintain the TPS designations 
for El Salvador, Haiti, Sudan, Nicaragua, Honduras, and Nepal, as well 
as the TPS and TPS-related documentation for eligible affected 
beneficiaries.\1\ The U.S. Court of Appeals for the Ninth Circuit 
vacated the district court's preliminary injunction in Ramos on 
September 14, 2020, holding that the plaintiffs' claims under the 
Administrative Procedures

[[Page 50727]]

Act were not subject to judicial review. However, the appellate order 
is not currently effective because the Ninth Circuit has not issued its 
``mandate'' to the federal district court to carry out the order, as 
the plaintiffs' petition for rehearing en banc remains pending.\2\ 
Therefore, the Ramos preliminary injunction remains in effect. In 
addition, the order of the district court in Bhattarai staying 
proceedings and approving the parties' stipulated agreement to continue 
TPS and TPS-related documentation for eligible beneficiaries from Nepal 
and Honduras remains in effect. The Saget district court order 
prohibiting the termination of TPS for Haiti also remains in effect 
while the decision is on appeal to the U.S. Court of Appeals for the 
Second Circuit. Affected TPS beneficiaries from the six countries will 
retain their status, provided they continue to meet all the individual 
requirements for TPS eligibility described in INA section 244(c) and 8 
CFR 244. As necessary, DHS will publish future information in the 
Federal Register to ensure its compliance with any relevant court 
orders that may be issued after the date of this notice.
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    \1\ See Ramos, et al. v. Nielsen, et. al., No. 18-cv-01554 (N.D. 
Cal. Oct. 3, 2018) (district court granted preliminary injunction 
against terminations of TPS for El Salvador, Haiti, Sudan, and 
Nicaragua) (``Ramos''); Saget, et. al., v. Trump, et. al., No. 18-
cv-1599 (E.D.N.Y. Apr. 11, 2019) (district court granted preliminary 
injunction against termination of TPS for Haiti) (``Saget''); and 
Bhattarai, et al. v. Nielsen, et al., No. 19-cv-00731 (N.D. Cal. 
Mar. 12, 2019) (district court stayed proceedings until Ramos appeal 
decided and approved parties' stipulation for continued TPS and 
issuance of TPS-related documentation to eligible, affected 
beneficiaries of TPS for Honduras and Nepal during the stay and 
pendency of the appeal) (``Bhattarai'').
    \2\ See Ramos, et al., v. Wolf, et al., No. 18-16981 (9th Cir., 
September 14, 2020).
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    DHS initially published notices to ensure its compliance with the 
Ramos preliminary injunction on October 31, 2018 and March 1, 2019, and 
the Bhattarai order to stay proceedings on May 10, 2019. See 83 FR 
54764; 84 FR 7103; and 84 FR 20647. The Department later published a 
notice to ensure its continued compliance with the combined orders in 
Ramos, Bhattarai, and Saget on November 4, 2019. That notice 
automatically extended certain TPS and TPS-related documentation 
through January 4, 2021 for all eligible TPS beneficiaries covered by 
the courts' orders. See 84 FR 59403. The Department last published a 
notice to ensure its continued compliance with these combined court 
orders on December 9, 2020. That notice again automatically extended 
certain TPS and TPS-related documentation through October 4, 2021 for 
all eligible TPS beneficiaries covered by the courts' orders. See 85 FR 
79208. Through this Federal Register notice, DHS announces actions to 
ensure its continued compliance with the district court orders in these 
three lawsuits while those orders remain in effect.
    The TPS designations for El Salvador, Nicaragua, and Sudan will 
remain in effect, as required by the Ramos district court order, so 
long as the preliminary injunction remains in effect. The 2011 TPS 
designation for Haiti will remain in effect, as required by the 
preliminary injunction orders in both Ramos and Saget, so long as 
either of those preliminary injunctions remain in effect. The TPS 
designations for Honduras and Nepal will remain in effect so long as 
the Bhattarai order staying proceedings and approving the parties' 
stipulated agreements continues in effect. Affected TPS beneficiaries 
under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, 
Honduras, and Nepal will retain their TPS and their TPS-related 
documentation will continue to be valid in accordance with the specific 
orders that affect the TPS designations regarding their individual 
countries, provided that the affected beneficiaries continue to meet 
all the individual requirements for TPS. See INA section 244(c)(3). See 
also 8 CFR 244.14. DHS will not terminate TPS for any of the affected 
countries pending final disposition of the Ramos appeal, including 
through any additional appellate channels in which relief may be 
sought, or by other orders of the court. Following consideration of 
current country conditions, the Secretary has already newly designated 
Haiti for TPS for eighteen months, allowing individuals covered by the 
Ramos and Saget injunctions as well as other eligible individuals to 
register for and maintain TPS through February 3, 2023.
    DHS is further announcing it is automatically extending, through 
December 31, 2022, the validity of certain TPS-related documentation, 
as specified in this notice, for beneficiaries under the TPS 
designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and 
Nepal provided that the affected beneficiaries remain individually 
eligible for TPS.

Automatic Extension of EADs Issued Under the TPS Designations for El 
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

    Through this Federal Register notice, DHS automatically extends the 
validity of EADs listed in Table 1 below issued to beneficiaries under 
the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, 
Honduras, and Nepal. Such beneficiaries may show their EADs to 
employers to demonstrate they have employment authorization and may 
choose to also show employers this Federal Register notice to explain 
that their TPS-Related Documentation has been automatically extended 
through December 31, 2022. This notice explains how TPS beneficiaries, 
their employers, and benefit-granting agencies 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. Additionally, a 
beneficiary under the TPS designation for any of these countries who 
has applied for a new EAD but who has not yet received his or her new 
EAD is covered by this automatic extension, provided that the EAD he or 
she possesses contains one of the expiration dates listed in Table 1 
below.


                         Table 1--Affected EADs
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                                                       Then the validity
 If an EAD has a category code of A-12 or C-19 and an    of the EAD is
                 expiration date of:                   extended through:
 
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07/22/2017...........................................         12/31/2022
11/02/2017...........................................         12/31/2022
01/05/2018...........................................         12/31/2022
01/22/2018...........................................         12/31/2022
03/09/2018...........................................         12/31/2022
06/24/2018...........................................         12/31/2022
07/05/2018...........................................         12/31/2022
11/02/2018...........................................         12/31/2022
01/05/2019...........................................         12/31/2022
04/02/2019...........................................         12/31/2022
06/24/2019...........................................         12/31/2022
07/22/2019...........................................         12/31/2022
09/09/2019...........................................         12/31/2022
01/02/2020...........................................         12/31/2022
01/05/2020...........................................         12/31/2022
03/24/2020...........................................         12/31/2022
01/04/2021...........................................         12/31/2022
10/04/2021...........................................         12/31/2022
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Automatic Extension of Forms I-94 and Forms I-797

    Also through this Federal Register notice, DHS automatically 
extends the validity periods of the Forms I-94 and Forms I-797 listed 
in Table 2 below previously issued to beneficiaries under the TPS 
designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and 
Nepal. These extensions apply only if the TPS beneficiary properly 
filed for re-registration during either the most recent DHS-announced 
registration period for their country, or any applicable previous DHS-
announced re-registration periods for the beneficiary's country,\3\ or 
has a re-registration

[[Page 50728]]

application that remains pending. This notice does not extend the 
validity periods of Forms I-94 or Forms I-797 for any TPS beneficiary 
who failed to file for TPS re-registration during one of the applicable 
previous DHS-announced re-registration periods, or for whom a re-
registration request has been denied. In addition, the extensions do 
not apply for any beneficiary from whom TPS has been withdrawn.
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    \3\ El Salvador: July 8-Sept. 6, 2016, or Jan. 18-Mar. 19, 2018;
    Haiti: Aug. 25-Oct. 26, 2015, May 24-July 24, 2017, or Jan. 18-
Mar. 19, 2018;
    Honduras: May 16-July 16, 2016; Dec. 15, 2017-Feb. 13, 2018 or 
June 5-Aug. 6, 2018;
    Nepal: Oct. 26-Dec. 27, 2016 or May 22-July 23, 2018;
    Nicaragua: May 16-July 15, 2016 or Dec. 15, 2017-Feb. 13, 2018;
    Sudan: Jan. 25-March 25, 2016 or Oct. 11, 2017-Dec. 11, 2017.

                                    Table 2--Affected Forms I-94 and I-797 4
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                                                                                                    Validity of
                                               Beginning date of                                  forms I-94 and
                 Country                           validity:             End date of validity:    I-797 extended
                                                                                                     through:
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El Salvador.............................  Sept. 10, 2016............  Mar. 9, 2018..............      12/31/2022
                                          Mar. 10, 2018.............  Sept. 9, 2019.............      12/31/2022
                                          Sept. 10, 2019............  Oct. 4, 2021..............      12/31/2022
Haiti...................................  Jan. 23, 2016.............  July 22, 2017.............      12/31/2022
                                          July 23, 2017.............  Jan. 22, 2018.............      12/31/2022
                                          Jan. 23, 2018.............  July 22, 2019.............      12/31/2022
                                          July 23, 2019.............  Oct. 4, 2021..............      12/31/2022
Honduras................................  July 6, 2016..............  Jan. 5, 2018..............      12/31/2022
                                          Jan. 6, 2018..............  July 5, 2018..............      12/31/2022
                                          July 6, 2018..............  Jan. 5, 2020..............      12/31/2022
                                          Jan. 6, 2020..............  Oct. 4, 2021..............      12/31/2022
Nepal...................................  Dec. 25, 2016.............  June 24, 2018.............      12/31/2022
                                          June 25, 2018.............  June 24, 2019.............      12/31/2022
                                          June 25, 2019.............  Oct. 4, 2021..............      12/31/2022
Nicaragua...............................  July 6, 2016..............  Jan. 5, 2018..............      12/31/2022
                                          Jan. 6, 2018..............  Jan. 5, 2019..............      12/31/2022
                                          Jan. 6, 2019..............  Oct. 4, 2021..............      12/31/2022
Sudan...................................  May 3, 2016...............  Nov. 2, 2017..............      12/31/2022
                                          Nov. 3, 2017..............  Nov. 2, 2018..............      12/31/2022
                                          Nov. 3, 2018..............  Oct. 4, 2021..............      12/31/2022
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Application Procedures
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    \4\ Your Forms I-94 and I-797 may show a different beginning 
date of validity than those listed here if you were a late initial 
filer (LIF) at the time because the forms would have the date of 
approval of your LIF application for TPS. As long as they bear an 
end date of validity listed in this chart, then they are 
automatically extended by this Notice.
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    Current beneficiaries covered by the court orders that continue the 
TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, 
and Sudan do not need to pay a fee or file any application, including 
Application for Employment Authorization (Form I-765), to maintain 
their TPS benefits through December 31, 2022 under this notice, 
provided that they have properly re-registered for TPS during either 
the most recent DHS-announced registration period for their country, or 
any applicable previous re-registration period described in Footnote 3. 
However, in order to secure TPS pursuant to the new Haiti designation, 
eligible individuals must apply before the close of the registration 
period on Feb. 3, 2023. Eligible individuals for the new TPS Haiti 
designation are strongly encouraged to apply at the earliest 
practicable date, to ensure that their TPS continues beyond the court-
ordered extensions and without any gaps in status.
    In addition, eligible individuals who do not register for the new 
TPS designation during the registration period, may be prohibited from 
filing a late initial registration during any subsequent extension of 
the designation if they do not meet certain conditions. See 8 CFR 
244.2(f)(2).
    TPS beneficiaries who have failed to re-register properly for TPS 
during any of these re-registration periods may still file an 
Application for Temporary Protected Status (Form I-821), but must 
demonstrate ``good cause'' for failing to re-register on time, as 
required by law. See INA section 244(c)(3)(C) (TPS beneficiary's 
failure to register without good cause in form and manner specified by 
DHS is ground for TPS withdrawal); 8 CFR 244.17(b) and Form I-821 
instructions.\5\
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    \5\ An applicant for TPS Haiti who applies under the procedures 
announced in the Notice regarding the new TPS designation of Haiti 
at 86 FR 41863 (Aug. 3, 2021) is an initial applicant and does not 
have to demonstrate ``good cause'' for failing to re-register under 
prior TPS Haiti designations.
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    Any currently eligible beneficiary who does not presently have a 
pending EAD application under the TPS designations for El Salvador, 
Haiti, Nicaragua, Sudan, Honduras or Nepal may file Form I-765 with 
appropriate fee in order to obtain a new EAD with a printed expiration 
date of December 31, 2022.

Possible Future Actions

    In order to comply with statutory requirements for TPS while the 
district courts' orders or any superseding court order concerning the 
beneficiaries under the TPS designations for El Salvador, Haiti, 
Nicaragua, Sudan, Honduras, and Nepal remain in effect, DHS may require 
these beneficiaries to re-register and will announce the re-
registration procedures in a future Federal Register notice. DHS has 
the authority to conduct TPS re-registration in accordance with INA 
section 244(c)(3)(C) and 8 CFR 244.17. Through the re-registration 
process, which is generally conducted every twelve to eighteen months 
while a country is designated for TPS, USCIS determines whether each 
TPS beneficiary is continuing to maintain individual eligibility for 
TPS, including but not limited to, the requirements related to 
disqualifying criminal or security issues. See id.; INA section 
244(c)(2); 8 CFR 244.2, 244.3, and 244.4 (describing individual TPS 
eligibility requirements, including mandatory criminal and security 
bars).
    The Secretary has already newly designated Haiti for TPS for 
eighteen months through February 3, 2023. 86 FR 41863. Eligible Haitian 
nationals (and individuals having no nationality who last habitually 
resided in Haiti) who wish to receive or continue their existing TPS 
through that date are

[[Page 50729]]

encouraged to submit their applications for TPS by following the 
instructions in the Federal Register notice, Designation of Haiti for 
Temporary Protected Status, at 86 FR 41863. Failure to submit an 
application under the new designation of Haiti, however, does not 
affect the continuation of the validity of the TPS and TPS documents 
through December 31, 2022 as described in this notice.
    The Government has appealed both the Ramos and Saget preliminary 
injunctions. The U.S. Court of Appeals for the Ninth Circuit ruled for 
the Government and vacated the Ramos preliminary injunction on 
September 14, 2020. However, the preliminary injunction remains in 
effect because the appellate court has not issued its directive (i.e., 
the mandate) to the district court to implement the panel's decision 
due to the pendency of the plaintiffs' petition for rehearing en banc. 
Should the Government ultimately prevail in its challenge to the Ramos 
preliminary injunction, and absent any further change in the TPS 
designations for Nicaragua, Sudan, Honduras, and Nepal, the Secretary's 
determination to terminate TPS for those countries would take effect no 
earlier than 120 days from the issuance of any appellate mandate to the 
district court. Absent any further change in the TPS designation for El 
Salvador, the Secretary's determination to terminate TPS for that 
country will take effect no earlier than 365 days from the issuance of 
any appellate mandate to the Ramos district court. DHS provides this 
additional time for El Salvador TPS beneficiaries in part because there 
are almost 100,000 more such beneficiaries than in the combined TPS 
beneficiary populations of all the other five countries covered by this 
notice.\6\ The additional period of 245 days beyond 120 days would 
permit an orderly transition for beneficiaries of TPS from El Salvador 
as they return to their homeland. If the Government prevails in its 
appeals, DHS will also continue to monitor the circumstances of the 
affected beneficiaries under the other five TPS country designations 
covered by this notice. See INA section 244(d)(3).
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    \6\ As of December 31, 2019, the number of TPS beneficiaries 
covered under the affected designations were: El Salvador 247,412; 
Haiti 55,218; Nicaragua 4,409; Sudan 771; Honduras 79,290; Nepal 
14,549.
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    To the extent that a Federal Register notice has automatically 
extended TPS-related documentation beyond 120 days from the issuance of 
any appellate mandate to the District Court, DHS reserves the right to 
issue a subsequent Federal Register notice announcing an expiration 
date for the documentation that corresponds to the last day of the 120-
day period for Sudan, Nicaragua, Honduras, and Nepal. Should the 
Government move to vacate the Bhattarai order to stay proceedings in 
light of an appellate decision affirming the preliminary injunction in 
Ramos that suggests a basis on which to distinguish the determinations 
to terminate the TPS designations for Honduras and Nepal from the TPS 
terminations at issue in Ramos, TPS will remain in effect for Honduras 
and Nepal for at least 180 days following an order of the District 
Court vacating the stay in proceedings.
    The Secretary has announced a new 18-month designation of Haiti for 
TPS, which continues through February 3, 2023. Application procedures 
for TPS under this new Haiti designation, including for individuals who 
currently have TPS pursuant to the court orders, are provided in the 
notice published at 86 FR 41863.

Additional Notes

    Nothing in this notice affects DHS's ongoing authority to determine 
on a case-by-case basis whether a TPS beneficiary continues to meet the 
eligibility requirements for TPS described in INA section 244(c) and 
the implementing regulations in part 244 of Title 8 of the Code of 
Federal Regulations.
    Notice of Compliance with the ``Order Enjoining the Implementation 
and Enforcement of Determinations to Terminate the TPS Designations for 
El Salvador, Haiti, Nicaragua, and Sudan'' in Ramos, the ``Order 
Enjoining the Implementation of Enforcement of Determination to 
Terminate the TPS Designation of Haiti'' in Saget, and the ``Order to 
Stay Proceedings and Agreement to Stay the Determinations to Terminate 
the TPS Designations for Honduras and Nepal'' in Bhattarai
    The previously announced determinations to terminate the existing 
designations of TPS for El Salvador, Nicaragua, and Sudan \7\ will not 
be implemented or enforced unless and until the district court's order 
in Ramos is reversed and that reversal becomes final. The previously 
announced determination to terminate the 2011 designation of TPS for 
Haiti will not be implemented or enforced unless and until the district 
court's order in Saget is reversed and the reversal becomes final.\8\ 
As required by the order to stay proceedings in Bhattarai, DHS will not 
implement or enforce the previously announced determinations to 
terminate the existing TPS designations for Honduras and Nepal \9\ 
unless and until the district court's order in Ramos enjoining 
implementation and enforcement of the determinations to terminate the 
TPS designations for El Salvador, Haiti, Nicaragua, and Sudan is 
reversed and that reversal becomes final for some or all of the 
affected countries, or by other order of the court. Any termination of 
TPS-related documentation for beneficiaries under the TPS designations 
for Nicaragua, Sudan, Honduras, and Nepal will go into effect no 
earlier than 120 days, and no earlier than 365 days for beneficiaries 
under the TPS designation for El Salvador, following the issuance of 
any mandate to the district court, as described in the ``Possible 
Future Action'' section of this Federal Register notice.\10\
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    \7\ See Termination of the Designation of El Salvador for 
Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018); Termination 
of the Designation of Nicaragua for Temporary Protected Status, 82 
FR 59636 (Dec. 15, 2017); Termination of the Designation of Sudan 
for Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017).
    \8\ See Termination of the Designation of Haiti for Temporary 
Protected Status, 83 FR 2648 (Jan. 18, 2018).
    \9\ See Termination of the Designation of Honduras for Temporary 
Protected Status, 83 FR 26074 (June 5, 2018); Termination of the 
Designation of Nepal for Temporary Protected Status, 83 FR 23705 
(May 22, 2018).
    \10\ An additional provision in the Bhattarai Order to Stay 
Proceedings states that if the preliminary injunction in Ramos is 
upheld, but the Government moves to vacate the Bhattarai Order based 
on reasons for distinguishing the terminations of TPS for Honduras 
and Nepal from those under the injunction in Ramos, TPS will remain 
in effect for Honduras and Nepal for at least 180 days following an 
order of the District Court vacating its stay of proceedings order.
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    In further compliance with the still-valid district court orders, 
DHS is publishing this notice automatically extending the validity of 
the TPS-related documentation specified in the Supplementary 
Information section of this notice through December 31, 2022, for 
eligible beneficiaries under the TPS designations for El Salvador, 
Haiti, Nicaragua, Sudan, Honduras, and Nepal. DHS will continue to 
issue notices that will automatically extend TPS-related documentation 
for all affected beneficiaries under the TPS designations for El 
Salvador, Nicaragua, Sudan, Honduras and Nepal, so long as the Ramos 
preliminary injunction and Bhattarai order to stay proceedings remain 
in place; for Haiti as long as the Ramos or Saget preliminary 
injunctions remain in place; or by other order of the court. However, 
should compliance with the Ramos, Bhattarai, and/or Saget court orders 
remain necessary, DHS may announce periodic re-registration procedures 
for eligible TPS beneficiaries in accordance with the INA and DHS

[[Page 50730]]

regulations. DHS further continues its commitment to a transition 
period, as described above.
    All TPS beneficiaries must continue to maintain their TPS 
eligibility by meeting the requirements for TPS in INA section 244(c) 
and 8 CFR part 244. DHS will continue to adjudicate any pending TPS re-
registration and pending late initial applications for affected 
beneficiaries under the TPS designations for El Salvador, Nicaragua, 
Sudan, Honduras, and Nepal. Nationals of Haiti (and individuals having 
no nationality who last habitually resided in Haiti) are encouraged to 
apply under the new designation for Haiti announced at 86 FR 41863.\11\ 
DHS will also continue to make appropriate individual TPS withdrawal 
decisions in accordance with existing procedures if an individual no 
longer maintains TPS eligibility. DHS will take appropriate steps to 
continue its compliance with the orders, and with all statutory 
requirements.
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    \11\ As noted above, the Department of Homeland Security (DHS) 
announced that the Secretary of Homeland Security (Secretary) has 
newly designated Haiti for TPS for eighteen months, effective August 
3, 2021 through February 3, 2023. This designation allows eligible 
Haitian nationals (and individuals having no nationality who last 
habitually resided in Haiti) who have continuously resided in the 
United States since July 29, 2021, and who have been continuously 
physically present in the United States since August 3, 2021 to 
apply for TPS. TPS beneficiaries whose TPS has been continued 
pursuant to court orders, as described in 85 FR 79208 (Dec. 9, 
2020), should newly apply for TPS following the instructions in 
Federal Register Notice Designation of Haiti for Temporary Protected 
Status at 86 FR 41863.

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

Approved Documentation To Demonstrate Continuation of Lawful Status and 
TPS-Related Employment Authorization

     Documentation automatically extended through this Federal 
Register notice dated September 10, 2021.
    [cir] Certain TPS-related documentation, including EADs, of 
affected beneficiaries under the TPS designations for El Salvador, 
Haiti, Nicaragua, Sudan, Honduras, and Nepal, that are automatically 
extended through this Federal Register notice through December 31, 
2022.
    [cir] Regardless of their country of birth, a beneficiary granted 
TPS under the designation for El Salvador, Haiti, Nicaragua, Sudan, 
Honduras, or Nepal may show his or her EAD that has been automatically 
extended to his or her employer to demonstrate identity and continued 
TPS-related employment eligibility to meet Employment Eligibility 
Verification (Form I-9) requirements. A beneficiary granted TPS under a 
designation for one of these countries may also choose to show an 
employer this Federal Register notice, which explains that his or her 
EAD has been automatically extended.
    [cir] As evidence of his or her lawful status, a TPS beneficiary 
may show his or her EAD that has been automatically extended, or Form 
I-94, or Form I-797, along with a copy of this Federal Register notice, 
to law enforcement, federal, state, and local government agencies, and 
private entities.
     Unexpired EAD.
     Alternatively, such a TPS beneficiary may choose to show 
other acceptable documents that are evidence of identity and employment 
eligibility as described in the instructions to Form I-9.

Am I eligible to receive an automatic extension of my current EAD using 
this Federal Register notice?

    Yes. Provided that you currently have a TPS-related EAD with the 
specified expiration dates below, this notice automatically extends 
your EAD as stated in Table 3 below.

                         Table 3--Affected EADs
------------------------------------------------------------------------
                                                       Then this Federal
 If your EAD has  category code of  A-12 or C-19  and   Register notice
               an expiration  date of:                  extends your EAD
                                                            through:
------------------------------------------------------------------------
07/22/2017...........................................         12/31/2022
11/02/2017...........................................         12/31/2022
01/05/2018...........................................         12/31/2022
01/22/2018...........................................         12/31/2022
03/09/2018...........................................         12/31/2022
06/24/2018...........................................         12/31/2022
07/05/2018...........................................         12/31/2022
11/02/2018...........................................         12/31/2022
01/05/2019...........................................         12/31/2022
04/02/2019...........................................         12/31/2022
06/24/2019...........................................         12/31/2022
07/22/2019...........................................         12/31/2022
09/09/2019...........................................         12/31/2022
01/02/2020...........................................         12/31/2022
01/05/2020...........................................         12/31/2022
03/24/2020...........................................         12/31/2022
01/04/2021...........................................         12/31/2022
10/04/2021...........................................         12/31/2022
------------------------------------------------------------------------

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

    You can find the Lists of Acceptable Documents on the third page of 
Form I-9 as well as the Acceptable Documents web page at www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to 
verify the identity and employment authorization of all new employees. 
Within 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 documentation from List A (which provides 
evidence of both your identity and employment authorization) or 
documentation from List B (which provides evidence of your identity) 
together with documentation from List C (which provides evidence of 
your employment authorization), or you may present an acceptable 
receipt as described in the Form I-9 instructions. Employers may not 
reject a document based on a future expiration date. You can find 
additional information about Form I-9 on the I-9 Central web page at 
www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. See the section 
``How do my employer and I complete Form I-9 using my automatically 
extended employment authorization for a new job?'' of this Federal 
Register notice for further information. If your EAD has one of the 
expiration dates in Table 4 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 it to your employer as proof of 
identity and employment eligibility for Form I-9 through December 31, 
2022, unless your TPS has been withdrawn or your request for TPS has 
been denied.

[[Page 50731]]



                   Table 4--Affected EADs and Form I-9
------------------------------------------------------------------------
                                                         Your employer
If your EAD has category code of A-  Enter this date     must reverify
 12 or C-19 and an expiration date   in Section 1  of   your employment
                of:                     Form I-9:      authorization by:
------------------------------------------------------------------------
07/22/2017........................         12/31/2022         01/01/2023
11/02/2017........................         12/31/2022         01/01/2023
01/05/2018........................         12/31/2022         01/01/2023
01/22/2018........................         12/31/2022         01/01/2023
03/09/2018........................         12/31/2022         01/01/2023
06/24/2018........................         12/31/2022         01/01/2023
07/05/2018........................         12/31/2022         01/01/2023
11/02/2018........................         12/31/2022         01/01/2023
01/05/2019........................         12/31/2022         01/01/2023
04/02/2019........................         12/31/2022         01/01/2023
06/24/2019........................         12/31/2022         01/01/2023
07/22/2019........................         12/31/2022         01/01/2023
09/09/2019........................         12/31/2022         01/01/2023
01/02/2020........................         12/31/2022         01/01/2023
01/05/2020........................         12/31/2022         01/01/2023
03/24/2020........................         12/31/2022         01/01/2023
01/04/2021........................         12/31/2022         01/01/2023
10/04/2021........................         12/31/2022         01/01/2023
------------------------------------------------------------------------

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 Expires 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 
December 31, 2022 as indicated in the above chart, but you are not 
required to do so.
    The last day of the automatic extension for your EAD is December 
31, 2022. On or before you start work on January 1, 2023, 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 I obtain a new EAD?

    Yes, if you remain eligible for TPS and apply for a new EAD, you 
can obtain a new EAD. However, you do not need to apply for a new EAD 
in order to benefit from this automatic extension. If you are a 
beneficiary under the TPS designations for El Salvador, Haiti, 
Nicaragua, Sudan, Honduras, or Nepal and want to obtain a new EAD valid 
through December 31, 2022, then you must file Form I-765 and pay the 
associated fee (or obtain a fee waiver). If you do not want a new EAD, 
you do not have to file Form I-765 or pay the Form I-765 fee. If you do 
not want to request a new EAD now, you may file Form I-765 at a later 
date and pay the fee (or request a fee waiver), provided that you still 
have TPS or a pending TPS application.
    If you are unable to pay the application fee and/or biometric 
services fee, you may 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.
    If you have a Form I-821 and/or Form I-765 application that is 
still pending under the TPS designations for El Salvador, Haiti, 
Nicaragua, Sudan, Honduras, or Nepal, then you should not file either 
application again. If your pending Form I-821 is approved, you will be 
issued Forms I-797 and I-94 through December 31, 2022. Similarly, if 
you have a pending TPS-related Form I-765 that is approved, your new 
EAD will be valid through December 31, 2022. Your TPS itself continues 
as long as the preliminary injunction impacting your country's TPS 
designation remains in effect and in accordance with any relevant 
future Federal Register notices that DHS may issue respecting your 
country's TPS designation, or until your TPS is finally withdrawn for 
individual ineligibility under INA section 244(c), or the applicable 
TPS designation is terminated as discussed in the ``Possible Future 
Action'' section of this Federal Register notice.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my citizenship from El Salvador, Haiti, 
Nicaragua, Sudan, Honduras, or Nepal?

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the Form I-9 Lists of Acceptable Documents that reasonably appears to 
be genuine and that relates to you, or an acceptable List A, List B, or 
List C receipt. Employers need not reverify List B identity documents. 
Therefore, employers may not request proof of 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 the employee. Refer to the ``Note 
to Employees'' section of this Federal Register notice for important

[[Page 50732]]

information about your rights if your employer rejects lawful 
documentation, requires additional documentation, or otherwise 
discriminates against you based on your citizenship or immigration 
status, or your national origin.

How do my employer and I complete Form I-9 using my automatically 
extended employment authorization for a new job?

    See Table 4 in the question ``When hired, what documentation may I 
show to my employer as evidence of employment authorization and 
identity when completing Form I-9?'' to determine if your EAD has been 
automatically extended.
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter December 
31, 2022, as the expiration date; and
    b. Enter your USCIS number or A-Number where indicated. (Your EAD 
or other document from DHS will have your USCIS number or A-Number 
printed on it; the USCIS number is the same as your A-Number without 
the A prefix).
    2. For Section 2, employers should:
    a. Determine if your EAD has been automatically extended by using 
Table 4 in the question ``When hired, what documentation may I show to 
my employer as evidence of employment authorization and identity when 
completing Form I-9?''
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write December 31, 2022, as the expiration date.
    On or before the start of work on January 1, 2023, 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 
employment authorization 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. See Table 4 in the question ``When hired, what 
documentation may I show to my employer as evidence of employment 
authorization and identity when completing Form I-9?'' to determine if 
your EAD has been automatically extended.
    If your employer determines that your EAD has been automatically 
extended, your employer should update Section 2 of your previously 
completed Form I-9 as follows:
    a. Write EAD EXT and December 31, 2022, as the last day of the 
automatic extension in the Additional Information field; and
    b. Initial and date the correction.

    Note:  This is not considered a reverification. Employers should 
not complete Section 3 until either this notice's automatic 
extension of EADs has ended, or the employee presents a new document 
to show continued employment authorization, whichever is sooner. By 
January 1, 2023, 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 December 31, 
2022, as the expiration date for EADs that have been automatically 
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 Expiration'' alert for an automatically 
extended EAD?

    E-Verify has automated the verification process for TPS-related 
EADs that are automatically extended. If you have employees who 
provided a TPS-related EAD when they first started working for you, you 
will receive a ``Work Authorization Documents Expiring'' case alert 
when the auto-extension period for this EAD is about to expire. On or 
before this employee starts work on January 1, 2023, you must reverify 
his or her employment authorization in Section 3 of Form I-9. Employers 
may not use E-Verify for reverification.

If I already have TPS for Haiti, do I need to apply under the new TPS 
designation for Haiti?

    TPS beneficiaries under the Haiti designation whose TPS has been 
continued pursuant to court orders, and as described in this notice, 
are strongly encouraged to apply for TPS before the close of the 
registration period on Feb. 3, 2023, following the instructions in the 
August 3, 2021 Federal Register notice regarding the new Designation of 
Haiti for Temporary Protected Status at 86 FR 41863. Eligible 
individuals are strongly encouraged to apply at the earliest 
practicable date, to ensure that their TPS continues beyond the court-
ordered extensions and without any gaps in status. Eligible individuals 
who do not register for the new TPS designation during the registration 
period may be prohibited from filing a late initial registration during 
any subsequent extension of the designation if they do not meet certain 
conditions. See 8 CFR 244.2(f)(2).
    If you are found eligible for TPS under the new Haiti designation, 
your TPS will continue through February 3, 2023, even if the current 
court orders in Ramos and Saget that continue TPS are no longer in 
effect.

Note to All Employers

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

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at [email protected]. USCIS accepts calls in 
English, Spanish, and many other languages. Employees or applicants may 
also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, including discrimination 
related to Form I-9 and E-Verify. The IER Worker Hotline provides 
language interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee,

[[Page 50733]]

or an acceptable List A, List B, or List C receipt as described in the 
Form I-9 instructions. Employers may not require extra or additional 
documentation beyond what is required for Form I-9 completion. Further, 
employers participating in E-Verify who receive an E-Verify case result 
of ``Tentative Nonconfirmation'' (TNC) must promptly inform employees 
of the TNC and give such employees an opportunity to contest the TNC. A 
TNC case result means that the information entered into E-Verify from 
an employee's Form I-9 differs from records available to DHS.
    Employers may not terminate, suspend, delay training, withhold or 
lower pay, or take any other adverse action against an employee because 
of the TNC while the case is still pending with E-Verify. A Final 
Nonconfirmation (FNC) case result is received when E-Verify cannot 
verify an employee's employment eligibility. An employer may terminate 
employment based on a case result of FNC. Work-authorized employees who 
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination 
or to report an employer for discrimination in the E-Verify process 
based on citizenship, immigration status, or national origin, contact 
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Form I-9 and E-Verify 
procedures is available on the IER website at www.justice.gov/ier and 
on the USCIS and E-Verify websites at www.uscis.gov/i-9-central and 
www.e-verify.gov.

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

    For Federal purposes, TPS beneficiaries presenting an 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 receipt 
notice 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;
     Your automatically extended EAD with a TPS category code 
of A-12 or C-19 and an expiration date shown in Table 3 in the question 
``Am I eligible to receive an automatic extension of my current EAD 
using this Federal Register notice?''; or
     Your Form I-94, Arrival/Departure Record or Form I-797 as 
shown in Table 2.
    Check with the government agency regarding which document(s) the 
agency will accept.
    Some benefit-granting agencies use the USCIS Systematic Alien 
Verification for Entitlements Program (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 TPS-related document, regardless of 
your country of birth. It may assist the agency if you:
    a. Present the agency with a copy of this Federal Register notice 
showing the extension of TPS-related documentation, in addition to your 
most 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 
receive a final SAVE response verifying your TPS and TPS-related 
benefits.
    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 case and 
you do not believe the SAVE response is correct, the SAVE website, 
http://www.uscis.gov/save, has information on how to correct or update 
your immigration record, make an appointment, or submit a written 
request to correct records.

[FR Doc. 2021-19617 Filed 9-9-21; 8:45 am]
BILLING CODE 9111-97-P