Federal Register, Volume 87 Issue 42 (Thursday, March 3, 2022)

[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12190-12201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04573]

[[Page 12190]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2712-22; DHS Docket No. USCIS-2014-004]
RIN 1615-ZB79

Extension and Redesignation of South Sudan for Temporary
Protected Status

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).

ACTION: Notice.

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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 South Sudan for Temporary Protected Status
(TPS) for 18 months, from May 3, 2022, through November 3, 2023, and
redesignating South Sudan for 18 months, effective May 3, 2022, through
November 3, 2023. The extension allows currently eligible TPS
beneficiaries to retain TPS through November 3, 2023, so long as they
otherwise continue to meet the eligibility requirements for TPS. The
redesignation of South Sudan allows additional individuals who have
been continuously residing in the United States since March 1, 2022, to
obtain TPS, if otherwise eligible.

DATES: Extension of Designation of South Sudan for TPS: The 18-month
extension of the TPS designation of South Sudan is effective May 3,
2022, and will remain in effect through November 3, 2023. The 60-day
re-registration period for existing beneficiaries runs from March 3,
2022, through May 2, 2022. (Note: It is important for re-registrants to
timely re-register during this 60-day period and not to wait until
their Employment Authorization Documents (EADs) expire, which could
result in their having gaps in their employment authorization
documentation.)
Redesignation of South Sudan for TPS: The 18-month redesignation of
South Sudan for TPS is effective May 3, 2022, and will remain in effect
through November 3, 2023. The initial registration period for new
applicants under the South Sudan TPS redesignation begins on March 3,
2022, and will remain in effect through November 3, 2023.

FOR FURTHER INFORMATION CONTACT:
You may contact Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, U.S. Department of Homeland
Security, by mail at 5900 Capital Gateway Drive, Camp Springs, MD
20746, or by phone at 800-375-5283.
For further information on TPS, including guidance on the
registration and re-registration process and additional information on
eligibility, please visit the USCIS TPS web page at https://www.uscis.gov/tps. You can find specific information about this
extension of South Sudan's TPS designation by selecting ``South Sudan''
from the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of
your questions and point you to additional information on our website.
If you are unable to find your answers there, you may also call our
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at https://www.uscis.gov, or visit the USCIS Contact Center at
uscis.gov/contactcenter.
Further information will also be available at local USCIS
offices upon publication of this notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
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 South Sudan (or individuals having no nationality
who last habitually resided in South Sudan) 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 a prior designation of South Sudan and whose
applications have been granted. Failure to re-register properly may
result in the withdrawal of your TPS following appropriate procedures.
See 8 CFR 244.14.
For individuals who have already been granted TPS under South
Sudan's designation, the 60-day re-registration period runs from March
3, 2022, through May 2, 2022. USCIS will issue new EADs with a November
3, 2023, expiration date to eligible South Sudanese 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 May 2, 2022. Accordingly, through this
Federal Register notice, DHS automatically extends the validity of EADs
previously issued under the TPS designation of South Sudan for 180
days, through November 1, 2022. Therefore, TPS beneficiaries can show
their EADs with: (1) A May 2, 2022, 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 November 1, 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 South Sudan TPS application (Form I-821)
and/or Application for Employment Authorization (Form I-765) that was
still pending as of March 3, 2022, do not need to file either
application again. If USCIS approves an individual's Form I-821, USCIS
will grant the individual TPS through November 3, 2023. Similarly, if
USCIS approves a pending TPS-related Form I-765, USCIS will issue the
individual a new EAD that will be valid through the same date. There
are currently approximately 97 beneficiaries under South Sudan's TPS
designation.
Under the redesignation, individuals who currently do not have TPS
may

[[Page 12191]]

submit an initial application during the initial registration period
that runs from March 3, 2022, and runs through the full length of the
redesignation period ending November 3, 2023.\1\ In addition to
demonstrating continuous residence in the United States since March 1,
2022 and meeting other eligibility criteria, initial applicants for TPS
under this redesignation must demonstrate that they have been
continuously physically present in the United States since March 3,
2022, the effective date of this redesignation of South Sudan, before
USCIS may grant them TPS. The DHS Office of Immigration Statistics has
estimated that approximately 235 individuals may become newly eligible
for TPS under the redesignation of South Sudan.
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\1\ In general, individuals must be given an initial
registration period of no less than 180 days to register for TPS,
but the Secretary has discretion to provide for a longer
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). Historically,
the length of the initial registration period has varied. Compare 66
FR 14214 (March 9, 2001) (18 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); 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 South
Sudan 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 (Feb. 5, 2021).
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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 South Sudan designated for TPS?

South Sudan was initially designated on October 13, 2011, on the
dual bases of ongoing armed conflict and extraordinary and temporary
conditions in South Sudan that prevented nationals of South Sudan from
safely returning. See Designation of Republic of South Sudan for
Temporary Protected Status, 76 FR 63629 (Oct. 13, 2011). Following the
initial designation, the Secretary extended and redesignated South
Sudan for TPS in 2013, 2014, and 2016. See Extension and Redesignation
of South Sudan for Temporary Protected Status, 78 FR 1866 (Jan. 9,
2013); Extension and Redesignation of South Sudan for Temporary
Protected Status, 79 FR 52019 (Sept. 2, 2014); Extension and
Redesignation of South Sudan for Temporary Protected Status, 81 FR 4051
(Jan. 25, 2016). In 2017 and 2019, DHS extended TPS for South Sudan,
based on ongoing armed conflict and extraordinary and temporary
conditions. See Extension of South Sudan for Temporary Protected
Status, 82 FR 44205 (Sept. 21, 2017); Extension of the Designation of
South Sudan for Temporary Protected Status, 84 FR 13688 (Apr. 5, 2019).
Most recently, in 2020, DHS extended South Sudan's TPS designation for
18 months, based on ongoing armed conflict and extraordinary and
temporary conditions. See Extension of the Designation of South Sudan
for Temporary Protected Status, 85 FR 69344 (Nov. 2, 2020).

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

Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government (Government), to designate a foreign state (or part thereof)
for TPS if the Secretary determines that certain country conditions
exist.\2\ The decision to designate any foreign state (or part thereof)
is a discretionary decision, and the TPS statute states that there is
no judicial review of any determination with respect to the
designation, extension, or termination of a designation.\3\ The
Secretary, in their 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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\2\ 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).
\3\ See INA, section 244(b)(5)(A). This issue of judicial review
is the subject of 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).
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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).

[[Page 12192]]

What is the Secretary's authority to redesignate South Sudan 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).\4\
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\4\ The extension and redesignation of TPS for South Sudan is
one of several instances in which the Secretary and, prior to the
establishment of DHS, the Attorney General, have simultaneously
extended a country's TPS designation and redesignated the country
for TPS. See, e.g., 76 FR 29000 (May 19, 2011) (extension and
redesignation for Haiti); 69 FR 60168 (Oct. 7, 2004) (extension and
redesignation for Sudan); 62 FR 16608 (Apr. 7, 1997) (extension and
redesignation for Liberia).
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When the Secretary designates or redesignates a country for TPS,
the Secretary also has the discretion to establish the date from which
TPS applicants must demonstrate that they have been ``continuously
resid[ing]'' in the United States. See section 244(c)(1)(A)(ii) of the
Act, 8 U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the
``continuous residence'' date for applicants for TPS under the
redesignation of South Sudan shall be March 1, 2022. Initial applicants
for TPS under this redesignation must also show they have been
``continuously physically present'' in the United States since March 3,
2022, which is the effective date of the Secretary's redesignation, of
South Sudan. 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
March 3, 2022. 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 South Sudan and
simultaneously redesignating South Sudan for TPS through November 3,
2023?

DHS has reviewed country conditions in South Sudan. Based on the
review, including consultation with the Department of State (DOS), the
Secretary has determined that an 18-month extension is warranted
because the ongoing armed conflict and extraordinary and temporary
conditions supporting South Sudan's TPS designation persist. The
Secretary has further determined that the conditions support
redesignating South Sudan 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. Armed conflict and extraordinary and temporary conditions in South
Sudan persist. Armed conflict poses a serious threat to the safety of
returning nationals in South Sudan. Despite a 2018 ceasefire of South
Sudan's civil war, ongoing fighting between the major armed groups
continue to result in violence against civilians, including civilian
casualties and gender-based violence, in several large areas of the
country. Extraordinary and temporary conditions that further prevent
South Sudanese nationals from returning in safety include an
exceptional level of intercommunal violence, a humanitarian crisis
involving severe food insecurity, record-setting flooding, and large-
scale displacement of civilians.
Since February 2020, limited implementation of the September 2018
Revitalized Agreement on the Resolution of the Conflict in the Republic
of South Sudan (R-ARCSS) \5\ ``has hindered improvements in the
protection of civilians and prospects for long-term peace'' in South
Sudan.\6\ Moreover, ongoing political disputes and disagreements
between the two main signatories--the Sudan People's Liberation
Movement (SPLM), led by President Salva Kiir Mayardit, and the Sudan
People's Liberation Movement-Army in Opposition (SPLM/A-IO), led by the
First Vice-President, Riek Machar Teny, ``has widened existing
political, military and ethnic divisions in the country and has led to
multiple incidents of violence'' between the two parties.\7\ Political
divisions among the non-signatories \8\ to the R-ARCSS have also not
been resolved.\9\ Moreover, the SPLM/A-IO has begun to break apart and
new splinter groups have formed,\10\ resulting in increased
violence.\11\
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\5\ The Revitalized Agreement on the Resolution of the Conflict
in the Republic of South Sudan (R-ARCSS) was signed on September 12,
2018 by President Kiir, current First Vice President Riek Machar
Teny, and other representatives of certain opposition groups. A
prior peace agreement was signed in 2015 and a unity government was
formed; however, fighting ensued between the parties in July 2016
and Machar left South Sudan shortly thereafter. The R-ARCSS
addresses various political, security, and transitional justice
issues, including the establishment of a unity government. However,
not all of South Sudan's opposition leaders signed the agreement,
including a key opposition group, the National Salvation Front
(NAS). South Sudan Security Situation, EASO, April 24, 2020, pg. 3,
available at: https://www.ecoi.net/en/file/local/2028851/2020_04_Q8_COI_South_Sudan_Security_Situation.pdf.
\6\ Panel of Experts on South Sudan, United Nations (UN)
Security Council, April 15, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\7\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\8\ Previously united under one umbrella group--the South Sudan
Opposition Movements Alliance--non-signatories of the R-ARCSS have
divided into two factions, one led by General Thomas Cirillo Swaka,
the leader of the National Salvation Front (``NAS''), and another
led by General Pagan Amum and General Paul Malong Awan Anei. Panel
of Experts on South Sudan, UN Security Council, April 15 2021, pg.
9, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\9\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 9, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\10\ See id.
\11\ SURFACE TENSION: `COMMUNAL' VIOLENCE AND ELITE AMBITIONS IN
SOUTH SUDAN, ACLED, August 19, 2021, available at: https://acleddata.com/2021/08/19/surface-tension-communal-violence-and-elite-ambitions-in-south-sudan/.
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Thus, South Sudan faces increasing violence \12\ from both
government security forces and armed groups.\13\ In 2020, the United
Nations (UN) and international organizations reported on ``widespread
killings, mutilations, and sexual violence, disproportionately
committed by government forces but also by the National Salvation Front
\14\ (NAS), a key opposition group.'' \15\ In March 2021, the UN
Commission on Human Rights in South Sudan noted that armed clashes at
the local level also resulted in the mass displacement of the civilian
population, particularly women and girls.\16\ Children are among those

[[Page 12193]]

feeling the greatest impact of this violence, which--along with other
factors--is exposing them to protection risks and life-threatening
diseases.\17\ Moreover, sexual violence--including rape, gang rape,
abduction, sexual slavery, and sexual mutilation remain ``consistent
features of the conflict in South Sudan since 2013, and are now being
replicated in conflict at the local level.'' \18\
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\12\ See id.
\13\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 15, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\14\ The opposition group NAS is led by General Thomas Cirillo
Swaka, and has maintained a significant security presence and
support in Central Equatoria. NAS is not a signatory to the R-ARCSS,
maintaining that the root causes of the conflict in South Sudan have
not been addressed in the peace agreement. See Final report of the
Panel of Experts on South Sudan, UN Security Council, April 28,
2020, pg. 16, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\15\ 2020 Country Reports on Human Rights Practices: South
Sudan, U.S. Department of State, March 31, 2021, section 1,
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
\16\ Report of the Commission on Human Rights in South Sudan, UN
Human Rights Council, February 4, 2021, pg. 14, available at:
https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
\17\ South Sudan Humanitarian Situation Report, UN Children's
Fund (UNICEF), December 30, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/unicef-south-sudan-humanitarian-situation-report-no-163-1-30-november-2021.
\18\ Report of the Commission on Human Rights in South Sudan, UN
Human Rights Council, February 4, 2021, pg. 14; available at:
https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
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Humanitarian organizations in South Sudan continue to face security
and bureaucratic barriers that affect the delivery of and access to
humanitarian aid and pose ``serious personal risks to aid workers.''
\19\
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\19\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 16, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
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Moreover, in 2021, ``widespread flooding, ongoing violence, and
subsequent displacement continued to deepen humanitarian needs in South
Sudan.'' \20\ As a result, South Sudan is also facing ``one of the
direst food crises the country has faced since its independence in
2011.'' \21\ Chronic food shortages, a deepening economic crisis,
insecurity, and limited agricultural production have led to high levels
of acute malnutrition.\22\ South Sudan's health care infrastructure
also remains inadequate.\23\ Facilities are limited, often
inaccessible, and facing staffing shortages amongst ongoing insecurity
and violence.\24\
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\20\ Situation in South Sudan; Report of the Secretary-General,
UN Security Council, December 7, 2021 pg. 5, available at: https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
\21\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 15, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\22\ South Sudan Humanitarian Fund Annual Report 2020, UN Office
for the Coordination of Humanitarian Affairs (UNOCHA), July 6, 2021,
pg. 7, available at: https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
\23\ South Sudan--Strengthening primary health care in fragile
settings, World Health Organization, May 20, 2021, available at:
https://www.who.int/news-room/feature-stories/detail/south-sudan-2021.
\24\ South Sudan--Strengthening primary health care in fragile
settings, World Health Organization, May 20, 2021, available at:
https://www.who.int/news-room/feature-stories/detail/south-sudan-2021.
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Numbers at a Glance

The United States Agency for International Development (USAID)
provided the following key statistics for South Sudan in a January 19,
2022 Fact Sheet: \25\
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\25\ South Sudan--Crisis, Fact Sheet #2 Fiscal Year 2022, U.S.
Agency for International Development (USAID), January 19, 2022,
available at: https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-2-fiscal-year-fy-2022.

Number of people in need of Humanitarian Assistance: 8,300,000
\26\ (per UN Office for the Coordination of Humanitarian Affairs
(UNOCHA) as of March 2021)
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\26\ According to UNOCHA, as of January 2021 the total
population of South Sudan is 12.1 million. South Sudan--Crisis, Fact
Sheet #2 Fiscal Year 2022, USAID, January 19, 2022, available at:
https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-2-fiscal-year-fy-2022.
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Number of estimated internally displaced persons (IDPs):
2,000,000 (per UNOCHA as of January 2022)
Number of people affected by ongoing floods since May 2021:
835,000 (per UNOCHA as of January 2022)
Estimated number of refugees from South Sudan in neighboring
countries: 2,300,000 (per Office of the UN High Commissioner for
Refugees (UNHCR) as of November 2021)

Security Situation

In June 2021, the UN reported that ``the overall implementation of
the R-ARCSS is progressing slowly.'' \27\ Political gridlock over
implementation of the political and security aspects of the R-ARCSS
have also contributed to insecurity in South Sudan.\28\ The UN further
assessed that weak or absent State governance has allowed ``perennial
communal and ethnic cleavages,'' while entrenched insecurity
contributes to a vicious cycle of livestock raiding and subsequent food
insecurity. A weakened rule of law and flagging economic conditions
have resulted in increased criminality and the targeting of
humanitarian workers.\29\
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\27\ Marking a Decade of Independence, South Sudan Faces Slow
Progress, Lingering Violence, Secretary-General's Special
Representative Tells Security Council, UN Security Council, June 22,
2021, available at: https://reliefweb.int/report/south-sudan/marking-decade-independence-south-sudan-faces-slow-progress-lingering-violence.
\28\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 2, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\29\ Marking a Decade of Independence, South Sudan Faces Slow
Progress, Lingering Violence, Secretary-General's Special
Representative Tells Security Council, UN Security Council, June 22,
2021, available at: https://reliefweb.int/report/south-sudan/marking-decade-independence-south-sudan-faces-slow-progress-lingering-violence.
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The lack of adequate financial resources and logistical support for
the unification, training, and deployment of the South Sudan armed
forces, as outlined in the R-ARCSS, remains a significant security
challenge.\30\ A key component of the R-ARCSS is the long-term
garrisoning (cantonment), registration, screening, selection, training
and redeployment of opposition forces and the creation of a unified
army of 83,000 soldiers. South Sudanese military cantonment sites and
training centers \31\ have made little progress in establishing a
unified force, further contributing to a security vacuum in the
country.\32\ Security forces in the few cantonment sites often lack
access to basic services, such as food, water, sanitation and health
care.\33\ In addition, the proliferation and availability of small
amounts of ammunition across South Sudan \34\ has ``enabled armed
groups not associated with government security forces, such as local
militias and cattle-raiding groups, to perpetuate instability'' in the
country.\35\
---------------------------------------------------------------------------

\30\ Report of the Commission on Human Rights in South Sudan, UN
Human Rights Council, March 4, 2021, pg. 4, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
\31\ Report of the Commission on Human Rights in South Sudan,
United Nations General Assembly, January 31, 2020, pg. 6, available
at: https://www.ecoi.net/en/file/local/2025863/A_HRC_43_56_E.pdf.
\32\ Report of the Commission on Human Rights in South Sudan, UN
Human Right Council, March 4, 2021, pg. 13, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
\33\ Report of the Commission on Human Rights in South Sudan [A/
HRC/46/53] UN Human Rights Council, March 4, 2021, pg. 4, available
at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
\34\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 21, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\35\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 21, available at: https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
---------------------------------------------------------------------------

The U.S. Department of State noted in its 2020 Country Reports on
Human Rights Practices for South Sudan that:

The United Nations, international cease-fire monitors, human
rights organizations, and media reported the government, or its
agents, committed numerous arbitrary or unlawful killings. Security
forces, opposition forces, armed militias affiliated with the
government and the opposition, and ethnically based groups were also
responsible for widespread extrajudicial killings.\36\
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\36\ 2020 Country Reports on Human Rights Practices: South
Sudan, U.S. Department of State, March 31, 2021, section 1,
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.

Moreover, in 2020, ongoing violence in Jonglei and the Greater
Pibor Administration Area was ``the worst

[[Page 12194]]

recorded since the outbreak of the national conflict in South Sudan in
December 2013, with waves of attacks and reprisals that left hundreds
of South Sudanese women, men and children dead, maimed or destitute.''
\37\ In March 2021, the UN Commission on Human Rights in South Sudan
assessed that ``gross human rightsviolations and abuses amounting to
serious violations of international humanitarian law were committed in
the context of localized conflicts by armed militias affiliated to the
primary parties in conflict--the South Sudan People's Defence Forces
(SSPDF) and the Sudan People's Liberation Movement--In Opposition
(SPLA-IO).'' \38\ These acts included those'':
---------------------------------------------------------------------------

\37\ Report of the Commission on Human Rights in South Sudan UN
Human Rights Council, March 4, 2021, pg. 7, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
\38\ Report of the Commission on Human Rights in South Sudan, UN
Human Rights Council, March 4, 2021, pg. 9, available at: https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.

perpetrated against civilians, includ[ing] abductions, forced
recruitment (including of children), murder, sexual violence, ill-
treatment, looting and the unnecessary destruction of property. Many
of these attacks revealed a shocking disregard for civilian
lives.\39\
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\39\ Id.

In 2021, Upper Nile, Warrap, Lakes, Central Equatoria, and Western
Equatoria states were particularly affected by violence ``resulting in
displacement, increased protection risks and rights violations, as well
as diminished humanitarian access.'' \40\
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\40\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 4, available at: https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
---------------------------------------------------------------------------

Violence Against Children

Children in South Sudan continued to be victims of what the Office
of the Special Representative of the Secretary General for Children and
Armed Conflict refers to as ``grave violations'' against children.\41\
According to the UN Security Council's 2021 Children and Armed Conflict
in South Sudan report, children were recruited by the SPLM/A-IO and the
SSPDF.\42\ In addition, hundreds of girls and boys continue to be
abducted.\43\ Perpetrators of child abduction included the NAS, SPLM/A-
IO, and SSPDF.\44\ Child abuse, including sexual abuse, was reportedly
also widespread in South Sudan.\45\
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\41\ To better monitor, prevent, and end these attacks, the
United Nations Security Council hasidentified and condemned six
grave violations against children in times of war: Killing and
maiming of children; recruitment or use of children in armed forces
and armed groups; attacks on schools or hospitals; rape or other
grave sexual violence; abduction of children; and denial of
humanitarian access for children, The Six Grave Violations, Office
of the Special Representative of the Secretary General for Children
and Armed Conflict, https://childrenandarmedconflict.un.org/six-grave-violations/ (last visited on January 13, 2022).
\42\ Id.
\43\ Report of the Commission on Human Rights in South Sudan,
United Nations General Assembly, February 4, 2021, pg. 7, available
at: https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.
\44\ Children and armed conflict in South Sudan, United Nations
Security Council, May 6, 2021, pg. 21, available at: https://www.un.org/ga/search/view_doc.asp?symbol=S/2021/437&Lang=E&Area=UNDOC.
\45\ 2020 Country Reports on Human Rights Practices: South
Sudan, U.S. Department of State, March 31, 2021, section 5,
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
---------------------------------------------------------------------------

Sexual and Gender-Based Violence

Sexual and gender-based violence remains a ``hallmark of the
conflict in South Sudan.'' \46\ In February 2021, the UN Commission on
Human Rights in South Sudan reported that:
---------------------------------------------------------------------------

\46\ Report of the Commission on Human Rights in South Sudan, UN
Human Rights Council, February 4, 2021, pg. 13, https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.

As of September 2020, South Sudan had seen an estimated 88
percent increase in the number of women victims of conflict-related
sexual violence since the previous quarter and a 119 percent rise in
the number of abductions since the previous quarter. The upsurge in
localized conflict in Central Equatoria (Yei and surrounding areas),
Jonglei and the Greater Pibor Administrative Area and Warrap (Tonj
West and North) saw women and girls targeted by all sides.\47\
---------------------------------------------------------------------------

\47\ Id.

In addition, rural communities often abducted women and children
during cattle raids.\48\ Girls who are abducted have been reportedly
``forced into sexual slavery, tortured and repeatedly gang raped.''
\49\ According to credible reports, perpetrators of forced marriage and
sexual violence include security forces, community-based militias,
civil defense groups, and other armed groups.\50\
---------------------------------------------------------------------------

\48\ 2020 Country Reports on Human Rights Practices: South
Sudan, U.S. Department of State, March 31, 2021, section 5,
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
\49\ Report of the Commission on Human Rights in South Sudan,
United Nations General Assembly, February 4, 2021, pg. 7, https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.
\50\ UNHCR Position on Returns to South Sudan, UNHCR, October
2021, pg. 7, https://www.refworld.org/pdfid/617676f04.pdf.
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Humanitarian Situation

In 2020, continued violence, particularly in Jonglei, Warrap, and
the Greater Equatoria region resulted in ``sustained mass population
displacement, both within the country and into neighboring countries,
and high levels of humanitarian and protection needs.'' \51\ Insecurity
and COVID-related restrictions also further hampered humanitarian
organizations' ability to deploy and respond to medical and other
emergency needs in the area.\52\
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\51\ 2020 Country Reports on Human Rights Practices: South
Sudan, U.S. Department of State, March 31, 2021, section 5,
available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
\52\ South Sudan--Violence, floods, displacement in Jonglei,
European Civil Protection and Humanitarian Aid Operations, August
11, 2020, available at: https://reliefweb.int/report/south-sudan/south-sudan-violence-floods-displacement-jonglei-dg-echo-ocha-media-echo-daily.
---------------------------------------------------------------------------

In January 2021, UNOCHA assessed that ``more people in South Sudan
than ever are in need of humanitarian assistance,'' resulting in an
``estimated 8.5 million people, over two thirds of the population, in
need of humanitarian assistance, compared to 7.5 million in 2020 and
7.1 million in 2019.'' \53\ South Sudan is also facing high levels of
food insecurity and violence, coupled with flooding and the impact of
the COVID-19 pandemic.\54\
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\53\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 16, https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\54\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6, https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
---------------------------------------------------------------------------

Displacement

Civilians faced significant conflict-related forced displacement in
South Sudan.\55\ In August 2020, UNOCHA estimated that since February
2020, 157,000 people had been displaced in several counties in Jonglei
state, as a result of the ongoing violence and revenge attacks among
the warring parties.\56\ In 2021, fighting between armed forces,
ongoing violence, and cattle raids in Central and Western Equatoria,
Jonglei, the Greater Pibor Administrative Area and Upper Nile states
``uprooted people and disrupted humanitarian activities.'' \57\ In
Western Equatoria, an estimated 80,000 people

[[Page 12195]]

were displaced in Tambura country.\58\ In early July 2021, fighting in
Warrap state displaced around 10,000 people and left hundreds without
any shelter.\59\ In Upper Nile, in August 2021, fighting among factions
of SPLM/A-IO displaced some 2,000 people.\60\
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\55\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 25, https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.
\56\ South Sudan--Violence, floods, displacement in Jonglei,
European Civil Protection and Humanitarian Aid Operations, August
11, 2020, https://reliefweb.int/report/south-sudan/south-sudan-violence-floods-displacement-jonglei-dg-echo-ocha-media-echo-daily.
\57\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6-7, https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\58\ Situation in South Sudan; Report of the Secretary-General,
UN Security Council, December 7, 2021, pg. 5, https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
\59\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6, https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\60\ Id. at pg. 7.
---------------------------------------------------------------------------

Food Insecurity \61\ and Floods
---------------------------------------------------------------------------

\61\ According to the Food and Agriculture Organization of the
United Nations (FAO), the lack of ``regular access to enough safe
and nutritious food for normal growth and development and an active
and healthy life. This may be due to unavailability of food and/or
lack of resources to obtain food. Food insecurity can be experienced
at different levels of severity.'' Hunger and food security, Food
and Agriculture Organization of the United Nations (FAO), https://www.fao.org/hunger/glossary (last visited January 13, 2022).
---------------------------------------------------------------------------

South Sudan remains one of the most food-insecure countries in the
world.\62\ The overall food security situation deteriorated towards the
end of 2020.\63\ Between April and July 2021, an estimated 7.2 million
people, 60 percent of the population, faced high levels of acute food
insecurity.\64\ Malnutrition in particular remains a pressing issue in
South Sudan, with approximately 1.9 million women and children acutely
malnourished.\65\ Malnutrition levels among children under five years
of age are above emergency thresholds in many parts of the country, and
1.4 million children are estimated to be acutely malnourished.\66\ The
main factors driving food insecurity and malnourishment are the ongoing
conflicts, flooding, and COVID-19.\67\ Moreover, COVID-19 mitigation
efforts also disrupted access to supply chains for commercial and
humanitarian assistance, further contributing to food insecurity.\68\
---------------------------------------------------------------------------

\62\ South Sudan Humanitarian Fund Annual Report 2020, UNOCHA,
July 6, 2021, pg. 7, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
\63\ South Sudan Humanitarian Fund Annual Report 2020, UNOCHA,
July 6, 2021, pg. 7, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
\64\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\65\ South Sudan Situation Report, World Food Programme, October
29, 2021, pg.1, available at https://reliefweb.int/report/south-sudan/wfp-south-sudan-situation-report-296-29-october-2021.
\66\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\67\ South Sudan Humanitarian Fund Annual Report 2020, UNOCHA,
July 6, 2021, pg. 7, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
\68\ Id.
---------------------------------------------------------------------------

In October 2021, the World Food Programme (WFP) reported that South
Sudan faced a third year of unprecedented flooding.\69\ The flooding
was exacerbated by standing water from major floods in the previous two
years, most of which had not fully receded.\70\ The most recent
flooding has led to ``widespread displacement, destruction of
livelihoods and contamination of water sources, compounding existing
insecurity issues in many regions.'' \71\ In its December 2021 report,
UNOCHA reported that the number of people affected by floods since May
2021 was 835,000,\72\ up from the 380,000 reported in August 2021.\73\
In its February 2021 report, the UN Commission on Human Rights in South
Sudan reported that ``since the onset of the floods in July 2020, more
than one million South Sudanese have been affected by the flooding and
more than 856,000 people were displaced and forced to seek refuge on
higher ground.'' \74\ The Commission further noted that:
---------------------------------------------------------------------------

\69\ South Sudan Situation Report, World Food Programme, October
29, 2021, pg.1, available at https://reliefweb.int/report/south-sudan/wfp-south-sudan-situation-report-296-29-october-2021.
\70\ South Sudan Situation Report, REACH, December 2021, pg. 2,
available at https://reliefweb.int/report/south-sudan/south-sudan-flooding-trends-counties-particular-concern-food-insecurity-december.
\71\ Id. at pg. 1.
\72\ South Sudan Situation Report, UNOCHA, December 2021, pg. 1,
available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-snapshot-december-2021.
\73\ South Sudan Humanitarian Snapshot, UNOCHA, August 2021, pg.
1, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-snapshot-august-2021.
\74\ Report of the Commission on Human Rights in South Sudan,
United Nations General Assembly, February 4, 2021, pg. 10, available
at https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.

The floods also destroyed hectares of crops and led to the loss
of livestock indispensable to the survival of local populations.
Moreover, vital water sources became heavily contaminated, rendering
vulnerable communities unable to flee at severe risk of contracting
life-threatening waterborne diseases, including typhoid and
cholera.\75\
---------------------------------------------------------------------------

\75\ Report of the Commission on Human Rights in South Sudan,
United Nations General Assembly, February 4, 2021, pg. 11, available
at https://reliefweb.int/report/south-sudan/report-commission-human-rights-south-sudan-ahrc4653.1.
---------------------------------------------------------------------------

Access to Humanitarian Assistance

Insecurity continued to affect access to humanitarian assistance,
particularly in parts of Central and Western Equatoria, Jonglei, and
the Greater Pibor Administrative Area.\76\ In addition, in 2021
humanitarian workers and facilities continued to be targeted and at
risk of attack,\77\ resulting in the disruption and suspension of
humanitarian action.\78\ In December 2021, the UN assessed that between
September and November 2021, ``89 humanitarian access incidents were
reported, including 13 ambushes and 5 lootings, a 47 percent increase
compared with the previous reporting period [published in June 2021].''
\79\ In Western Equatoria, health facilities were looted and destroyed;
since the beginning of 2021, more than 911 metric tons of food items
and nutritional supplements have been looted or destroyed.\80\
Moreover, recurring violence in Jonglei and Greater Pibor
Administrative Area affected the delivery of critical humanitarian
assistance to highly food-insecure people.\81\ In addition, poor road
conditions, compounded by heavy rain and ongoing floods, have led to
access challenges and slowed the response in the flood-affected
areas.\82\ The government of South Sudan also has limited access to
humanitarian aid by establishing:
---------------------------------------------------------------------------

\76\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\77\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\78\ Situation in South Sudan; Report of the Secretary-General,
UN Security Council, December 7, 2021, pg. 7, available at https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
\79\ Situation in South Sudan; Report of the Secretary-General,
UN Security Council, December 7, 2021, pg. 5-6, available at https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.
\80\ Situation in South Sudan, UN Security Council, September 9,
2021. pg. 7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\81\ Situation in South Sudan, UN Security Council, September 9,
2021, pg. 6-7, available at https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
\82\ Situation in South Sudan; Report of the Secretary-General
[S/2021/1015], UN Security Council, December 7, 2021, pg. 5-6,
available at https://www.ecoi.net/en/file/local/2065323/S_2021_1015_E.pdf.

an intentionally complex bureaucratic system for the delivery of aid
and has failed to guarantee the safe delivery of humanitarian aid.
In particular, multiple sources raised serious concerns about the
Government's deliberate policy of denying or delaying the issuance
of visas for hundreds of international humanitarian staff who had
been evacuated from South Sudan owing to COVID-19.\83\
---------------------------------------------------------------------------

\83\ Panel of Experts on South Sudan, UN Security Council, April
15, 2021, pg. 16-17, available at https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2521-2020.

[[Page 12196]]

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Healthcare and COVID-19

In August 2020, UNHCR reported that ``about 56 percent of South
Sudan's population does not have access to primary healthcare
services.'' \84\ In addition, less than 2 percent of South Sudan's
national budget is spent on healthcare,\85\ resulting in poorly
equipped health facilities with limited staff.\86\ In January 2021,
UNOCHA reported that ``out of approximately 2,300 health facilities,
more than 1,300 are non-functional. Of the functioning health
facilities, 57 percent are supported by humanitarian and development
partners and many remain in areas that are not easily accessible by the
communities.'' \87\ South Sudan also continues to face ``regular
outbreaks of infectious diseases like measles, water-borne diseases
such as diarrhea and Hepatitis E virus, and vector-borne diseases like
malaria and yellow fever,'' in addition to the impact of the COVID-19
pandemic.\88\ According to the WFP, the ``COVID-19 pandemic continues
to present serious risks to an already fragile situation, threatening
to further exacerbate acute food insecurity.'' \89\ As of January 3,
2022, 16,607 people had contracted COVID-19, including 136 associated
deaths.\90\
---------------------------------------------------------------------------

\84\ Renewed violence and delayed implementation of the peace
agreement severely threaten peace and stability in South Sudan, UN
experts note, UNHCR, August 14, 2020, available at https://www.ecoi.net/en/document/2036539.html.
\85\ South Sudan--Strengthening primary health care in fragile
settings, World Health Organization, May 20, 2021, available at
https://www.who.int/news-room/feature-stories/detail/south-sudan-2021.
\86\ South Sudan Humanitarian Needs Overview 2021 (January
2021), UNOCHA, January 2021, pg. 12, available at https://www.ecoi.net/en/file/local/2045425/south_sudan_2021_humanitarian_needs_overview.pdf.
\87\ South Sudan Humanitarian Needs Overview 2021 (January
2021), UNOCHA, January 2021, pg. 12, available at https://www.ecoi.net/en/file/local/2045425/south_sudan_2021_humanitarian_needs_overview.pdf.
\88\ Strengthening public health surveillance and response using
the third Edition Integrated Disease Surveillance and Response
guidelines in South Sudan, World Health Organization, November 27,
2021, available at https://reliefweb.int/report/south-sudan/strengthening-public-health-surveillance-and-response-using-third-edition.
\89\ South Sudan Country Brief, World Food Programme, November
2021, pg. 1, available at https://reliefweb.int/report/south-sudan/wfp-south-sudan-country-brief-november-2021.
\90\ South Sudan COVID-19 Dashboard, World Health Organization,
https://covid19.who.int/region/emro/country/sd (last visited on
January 19, 2022).
---------------------------------------------------------------------------

Economic Situation

According to the World Bank, South Sudan is facing ``concurrent
setbacks in the economy'' due to rising poverty, food insecurity and a
resurgence of conflict.\91\ Moreover, falling global oil prices have
also affected South Sudan's oil revenues.\92\ South Sudan's economy is
heavily oil-dependent, with oil accounting for 90 percent of government
revenue and nearly all exports.\93\ This situation has caused a ``great
percentage of South Sudanese people to lose their sources of livelihood
and has left some communities facing catastrophic needs.'' \94\
Moreover, urgent and essentials measures to manage the COVID-19
pandemic, ``worsened economic conditions, disrupting livelihoods and
affecting vulnerable households' access to markets, food and adequate
income.'' \95\
---------------------------------------------------------------------------

\91\ South Sudan Economic Update, June 2021: Pathways to
Sustainable Food Security, The World Bank, July 2, 2021, available
at https://reliefweb.int/report/south-sudan/south-sudan-economic-update-june-2021-pathways-sustainable-food-security.
\92\ South Sudan Economic Update, June 2021: Pathways to
Sustainable Food Security, The World Bank, July 2, 2021, available
at https://reliefweb.int/report/south-sudan/south-sudan-economic-update-june-2021-pathways-sustainable-food-security.
\93\ South Sudan Humanitarian Needs Overview 2021 (January
2021), UNOCHA, January 2021, pg. 12, available at https://www.ecoi.net/en/file/local/2045425/south_sudan_2021_humanitarian_needs_overview.pdf.
\94\ South Sudan Economic Update, June 2021: Pathways to
Sustainable Food Security, The World Bank, July 2, 2021, available
at https://reliefweb.int/report/south-sudan/south-sudan-economic-update-june-2021-pathways-sustainable-food-security.
\95\ South Sudan Humanitarian Response Plan, FAO, May 2021, pg.
2, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-response-plan-2021.
---------------------------------------------------------------------------

Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
The conditions supporting South Sudan's designation for
TPS continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
There continues to be an ongoing armed conflict in South
Sudan and, due to such conflict, requiring the return to South Sudan of
South Sudanese nationals (or individuals having no nationality who last
habitually resided in South Sudan) would pose a serious threat to their
personal safety. See INA section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
There continue to be extraordinary and temporary
conditions in South Sudan that prevent South Sudanese nationals (or
individuals having no nationality who last habitually resided in South
Sudan) from returning to South Sudan in safety, and it is not contrary
to the national interest of the United States to permit South Sudanese
TPS beneficiaries to remain in the United States temporarily. See INA
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The designation of South Sudan for TPS should be extended
for an 18-month period, from May 3, 2022, through November 3, 2023. See
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Due to the conditions described above, South Sudan should
be simultaneously extended and redesignated for TPS effective May 3,
2022, through November 3, 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
TPS applicants must demonstrate that they have continuously resided in
the United States since March 1, 2022.
Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since March 3, 2022, the effective date of the
redesignation of South Sudan for TPS.
There are approximately 97 current South Sudanese TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
It is estimated that approximately 235 additional
individuals may be eligible for TPS under the redesignation of South
Sudan. This population includes South Sudanese nationals in the United
States in nonimmigrant status or without immigration status.

Notice of Extension of the TPS Designation and Redesignation of South
Sudan 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 South
Sudan's designation for TPS continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this
determination, I am simultaneously extending the existing designation
of TPS for South Sudan for 18 months, from May 3, 2022, through
November 3, 2023, and redesignating South Sudan 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
South Sudan, you must submit an Application for

[[Page 12197]]

Temporary Protected Status (Form I-821). If you are filing an initial
application, you must pay the fee for the Form I-821 or request a fee
waiver. If you are filing an application for re-registration, you do
not need to pay the fee for the 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 South Sudan with the expiration date of
May 2, 2022, is automatically extended for 180 days, through November
1, 2022. If you want to obtain a new EAD valid through November 3,
2023, you must file an Application for Employment Authorization (Form
I-765) and pay the Form I-765 fee (or request a fee waiver). If you do
not want a new EAD, you do not have to file Form I-765 and pay the Form
I-765 fee. If you do not want to request a new EAD now, you may also
file Form I-765 at a later date and pay the fee (or request a fee
waiver), provided that you still have TPS or a pending TPS application.
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 November 1, 2022.
If you are applying for initial registration and want an EAD, you
must file and pay the fee for the Form I-765 (or request a fee waiver).
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. In
general, TPS beneficiaries, including those who are not employed, are
not required to have an EAD. But they can obtain one and if they work,
the EAD is an acceptable document that proves their legal right to
work.
If you have a Form I-821 or Form I-765 that was still pending as of
March 3, 2022, then you do not need to file either application again.
If USCIS approves your pending TPS application, USCIS will grant you
TPS through November 3, 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 https://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 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. USCIS may require you to visit an Application
Support Center so we can capture your biometrics. For additional
information on the USCIS biometrics screening process, please see the
USCIS Customer Profile Management Service Privacy Impact Assessment,
available at www.dhs.gov/privacy.

Refiling a TPS Initial Registration Application After Receiving Notice
That 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 November 3, 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 South Sudan is designated for TPS, if
you choose.

Note: Unless USCIS grants a fee waiver, 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. 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 South
Sudan 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 within the 60-day re-
registration period 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 https://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).

Filing Information

USCIS offers the option to applicants for TPS under South Sudan's
designation to file Form I-821 and related requests for EADs online or
by mail. When filing a TPS application, applicants can also request an
EAD by submitting a completed Form I-765, Application for Employment
Authorization, with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing

[[Page 12198]]

online.\96\ To file these forms online, you must first create a USCIS
online account.\97\ Online filing is not available for applicants
requesting a fee waiver. Such applications should be completed by mail.
---------------------------------------------------------------------------

\96\ Find information about online filing at Forms Available to
File Online, https://www.uscis.gov/file-online/forms-available-to-file-online.
\97\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

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

Table 1--Mailing Addresses

Mail your completed Application for Temporary Protected Status
(Form I-821) and Application for Employment Authorization (Form I-765),
Request for Fee Waiver (Form I-912) (if applicable) and supporting
documentation 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.................. USCIS, Attn: TPS South Sudan,
P.O. Box 6943, Chicago, IL 60680-
6943.
FedEx, UPS, or DHL................... USCIS, Attn: TPS South Sudan (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
``South Sudan.''

Travel

TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. You must file an application
for advance parole if you wish to travel outside the United States.
Advance parole gives you permission to leave the United States and
return during a specific period. TPS beneficiaries retain the same
immigration status they had prior to the travel. To request advance
parole, you must file Form I-131, Application for Travel Document,
available at www.uscis.gov/i-131. You may file Form I-131 together with
your Form I-821 or separately. When filing the Form I-131, you must:

Select Item Number 1.d. in Part 2 on the Form I-131; and
Submit the fee for the Form I-131, or request a fee waiver,
which may be submitted on Request for Fee Waiver (Form I-912)

If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1 above. If you are filing Form I-
131 separately based on a pending or approved Form I-821, send your
form to the address listed in Table 2 below and include a copy of Form
I-797 for the approved or pending Form I-821.

Table 2--Mailing Addresses
------------------------------------------------------------------------
If you . . . Mail to . . .
------------------------------------------------------------------------
Are filing Form I-131 together with a U.S. Postal Service (USPS):
Form I-821, Application for Temporary USCIS, Attn: TPS South Sudan,
Protected Status. P.O. Box 6943, Chicago, IL
60680-6943.
FedEx, UPS, or DHL: USCIS,
Attn: TPS South Sudan (Box
6943), 131 S Dearborn St. 3rd
Floor, Chicago, IL 60603-5517.
Are filing Form I-131 based on a U.S. Postal Service (USPS):
pending or approved Form I-821. USCIS, Attn: I-131 TPS, P.O.
You must include a copy of the receipt Box 660167, Dallas, TX 75266-
notice (Form I-797C) showing we 0867.
accepted or approved your Form I-821. FedEx, UPS, or DHL: USCIS,
Attn: I-131 TPS, 2501 S State
Hwy. 121 Business, Ste. 400,
Lewisville, TX 75067.
------------------------------------------------------------------------

General Employment-Related Information for TPS Applicants and Their
Employers

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 https://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 November 1, 2022, using this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have a South Sudan 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 November 1, 2022. Although this Federal Register notice
automatically extends your EAD through November 1, 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 12199]]

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 https://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 May 2, 2022,
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 November 1, 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 November 1, 2022, but you are not required to do so. The last
day of the automatic EAD extension is November 1, 2022. Before you
start work on November 2, 2022, your employer is required by law to
reverify your employment authorization on 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 South Sudanese citizenship or a Form I-
797C showing I re-registered for TPS?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 Lists of Acceptable Documents that reasonably appears to
be genuine and that relates to you, or an acceptable List A, List B, or
List C receipt. Employers do not need to reverify List B identity
documents. Therefore, employers may not request proof of South Sudanese
citizenship or proof of re-registration for TPS when completing Form I-
9 for new hires or reverifying the employment authorization of current
employees. If 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?
1. When using an automatically extended EAD to complete Form I-9
for a new job before November 2, 2022, for Section 1, you should:
a. Check ``An alien authorized to work until'' and enter November
1, 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 May 2, 2022;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write November 1, 2022, as the expiration date.
Before the start of work on November 2, 2022, employers must
reverify the employee's employment authorization on 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 May 2, 2022, 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 November 1, 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
reverify the employee 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 November 2, 2022,
when the employee's automatically extended EAD has expired,
employers are required by law to reverify the employee's employment
authorization on Form I-9.

[[Page 12200]]

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 November 1,
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 November 2, 2022, you must reverify their
employment authorization on 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 with a TPS category code of A-12 or C-19;
Your Form I-94, Arrival/Departure Record;
Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
Your Form I-797, the notice of approval, for a past or
current Form I-821, if you received one from USCIS.
Check with the government agency regarding which document(s) the
agency will accept. Some benefit-granting agencies use USCIS'
Systematic Alien Verification for Entitlements (SAVE) program to
confirm the current immigration status of applicants for public
benefits. While SAVE can verify when an individual has TPS, each
agency's procedures govern whether they will accept an unexpired EAD,
Form I-797, or Form I-94, Arrival/Departure Record. If an agency
accepts the type of TPS-related document you are presenting, such as an
EAD, the agency should accept your automatically extended EAD,
regardless of the country of birth listed on the 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.

[[Page 12201]]

You can also ask the agency to look for SAVE notices or contact
SAVE if they have any questions about your immigration status or
automatic extension of TPS-related documentation. In most cases, SAVE
provides an automated electronic response to benefit-granting agencies
within seconds, but, occasionally, verification can be delayed. You can
check the status of your SAVE verification by using CaseCheck at
save.uscis.gov/casecheck/. CaseCheck is a free service that lets you
follow the progress of your SAVE verification case using your date of
birth and one immigration identifier number (A-number, USCIS number or
Form I-94 number) or Verification Case Number. If an agency has denied
your application based solely or in part on a SAVE response, the agency
must offer you the opportunity to appeal the decision in accordance
with the agency's procedures. If the agency has received and acted upon
or will act upon a SAVE verification and you do not believe the SAVE
response is correct, 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. 2022-04573 Filed 3-2-22; 8:45 am]
BILLING CODE 9111-97-P