[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Notices]
[Pages 23211-23218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08390]
[[Page 23211]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2718-22; DHS Docket No. USCIS-2022-0003; 1615-ZB91]
Designation of Ukraine for Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) designation.
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SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) has
designated Ukraine for Temporary Protected Status (TPS) for 18 months,
effective April 19, 2022, or later date if Secretary so determines],
through October 19, 2023. This designation allows eligible Ukrainian
nationals (and individuals having no nationality who last habitually
resided in Ukraine) who have continuously resided in the United States
since April 11, 2022, and who have been continuously physically present
in the United States since April 19, 2022 to apply for TPS.
DATES:
Designation of Ukraine for TPS: The 18-month designation of Ukraine
for TPS is effective on April 19, 2022 and will remain in effect for 18
months, through October 19, 2023.
Registration: The registration period for eligible individuals to
submit TPS applications begins April 19, 2022 and will remain in effect
through October 19, 2023.
FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 800-375-5283.
ADDRESSES: For further information on TPS, including guidance on the
registration process and additional information on eligibility, please
visit the USCIS TPS web page at uscis.gov/tps. You can find specific
information about Ukraine's TPS designation by selecting ``Ukraine''
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
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 (Approval Notice)
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
Purpose of This Action (TPS)
Through this notice, DHS sets forth procedures necessary for
eligible nationals of Ukraine (or individuals having no nationality who
last habitually resided in Ukraine) to submit an initial registration
application under the designation of Ukraine for TPS and apply for an
Employment Authorization Document (EAD). Under this designation,
individuals must submit an initial Ukraine TPS application (Form I-821)
and may also submit an application for Employment Authorization (Form
I-765), during the 18-month initial registration period that runs from
April 19, 2022, through October 19, 2023.\1\ In addition to
demonstrating continuous residence in the United States since April 11,
2022,\2\ and meeting other eligibility criteria, initial applicants for
TPS under this designation must demonstrate that they have been
continuously physically present in the United States since April 19,
2022, the effective date of this designation of Ukraine, before USCIS
may grant them TPS. DHS estimates that approximately 59,600 individuals
may be eligible for TPS under the designation of Ukraine.
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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). In keeping
with the humanitarian purpose of TPS and advancing the goal of
ensuring ``the Federal Government eliminates . . . barriers that
prevent immigrants from accessing government services available to
them'' under 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), the Secretary
has recently exercised his discretion to provide for TPS initial
registration periods that coincide with the full period of a TPS
country's initial designation or redesignation. See, e.g., 86 FR
41863 (Aug. 3, 2021) (providing 18-mos. registration period under
new TPS designation of Haiti); 86 FR 41986 (Aug. 4, 2021)
(``Extension of Initial Registration Periods for New Temporary
Protected Status Applicants Under the Designations for Venezuela,
Syria and Burma). For the same reasons, the Secretary is similarly
exercising his discretion to provide applicants under this TPS
designation of Ukraine with an 18-month initial registration period.
\2\ The ``continuous physical presence date'' (CPP) is the
effective date of the most recent TPS designation of the country,
which is either the publication date of the designation announcement
in the Federal Register or such later date as the Secretary may
establish. The ``continuous residence date'' (CR) is any date
established by the Secretary when a country is designated (or
sometimes redesignated) for TPS. See INA Sec. 244(b)(2)(A)
(effective date of designation); 244(c)(1)(A)(i-ii) (discussing CR
and CPP date requirements).
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What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the Immigration
and Nationality Act (INA), or to eligible individuals without
nationality who last habitually resided in the designated foreign
state, regardless of their country of birth.
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.
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 foreign state's TPS
designation,
[[Page 23212]]
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
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.
Why was Ukraine designated for TPS?
DHS has reviewed country conditions in Ukraine. Based on this
review, and in consultation with the Department of State (DOS), the
Secretary has determined that an 18-month designation is warranted due
to ongoing armed conflict and extraordinary and temporary conditions
described below.
Overview
On February 24, 2022, Russia massively expanded its unprovoked
military invasion of Ukraine, marking the largest conventional military
action in Europe since World War II.\3\ There is widespread fear and
flight of Ukrainian nationals as Russia's forces have continued to
engage in significant, sustained bombardment of major cities across the
country, including attacks on Ukraine's capital, Kyiv.\4\ This ongoing
armed conflict poses a serious threat to the safety of nationals
returning to Ukraine. Extraordinary and temporary conditions, including
destroyed infrastructure, scarce resources, and lack of access to
healthcare, prevent Ukrainian nationals from returning to their
homeland in safety.
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\3\ ``Russia invades Ukraine on multiple fronts in `brutal act
of war','' PBS, Feb. 24, 2022, available at: https://www.pbs.org/newshour/world/russia-invades-ukraine-on-multiple-fronts-in-brutal-act-of-war (last visited Mar. 1, 2022); Natalia Zinets and
Aleksandar Vasovic, ``Missiles rain down around Ukraine,'' Reuters,
Feb. 24, 2022, available at: https://www.reuters.com/world/europe/putin-orders-military-operations-ukraine-demands-kyiv-forces-surrender-2022-02-24/ (last visited Mar. 1, 2022).
\4\ Ukraine: Humanitarian Impact Situation Report No. 1, United
Nations Office for the Coordination of Humanitarian Affairs, Feb.
26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Mar. 1, 2022).
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Ongoing Armed Conflict and Human Rights Abuses
Russia's expanded military invasion of Ukraine has placed civilians
at significant risk of physical harm throughout the country.\5\ As of
late March 2022, Russia's forces have engaged in sustained shelling
campaigns of cities and towns across Ukraine that have harmed, killed,
and injured civilians and struck hospitals, schools, and apartment
buildings, resulting in at least 3,039 reported civilian casualties
according to the United Nations, with more casualties expected.\6\
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\5\ Press briefing notes on Ukraine, United Nations Office of
the High Commissioner Human Rights, Mar. 1, 2022, available at:
https://www.reuters.com/world/europe/putins-nuclear-move-could-make-situation-much-much-more-dangerous-us-official-2022-02-27/ (last
visited Mar. 1, 2022).
\6\ ``Ukraine: UN chief calls for safe passage from conflict
zones, rights body records 1,123 civilian casualties, WHO outlines
health concerns,'' UN News, Mar. 6, 2022, available at: https://news.un.org/en/story/2022/03/1113372 (last visited Mar. 8, 2022);
War Crimes by Russia's Forces in Ukraine, Press Statement, U.S.
Secretary of State Antony J. Blinken, Mar. 23, 2022, available at:
https://www.state.gov/war-crimes-by-russias-forces-in-ukraine/ (last
visited Mar. 25, 2022); UN Office of the High Commissioner for Human
Rights, ``Ukraine: civilian casualty update 29 March 2022'', Mar.
29, 2022, available at: https://www.ohchr.org/en/news/2022/03/ukraine-civilian-casualty-update-29-march-2022 (last visited Mar.
31, 2022).
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Artillery attacks and air strikes by Russia's military forces have
become regular occurrences in Kyiv and other cities across Ukraine
since the start of the February 2022 invasion.\7\ Aerial bombardments
in and around major cities have been reported as Russia's forces
continue to target critical infrastructure.\8\ Russia's ground forces
have been advancing on four primary axes: From Belarus in the North;
from Russia in the Northeast; from the Russia-controlled Donbas region
in the East; and Russia-occupied Crimea in the South.
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\7\ ``Fear, darkness and newborn babies: Inside Ukraine's
underground shelters,'' The Guardian, Feb. 26, 2022, available at:
https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters (last visited
Mar. 1, 2022).
\8\ ``Russia's invasion of Ukraine in maps--latest updates'',
Financial Times, Mar. 1, 2022, available at: https://www.ft.com/content/4351d5b0-0888-4b47-9368-6bc4dfbccbf5 (last visited Mar. 1,
2022).
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The scale of attacks harming infrastructure in the city of Kharkiv,
where a historic opera house, concert hall, and government building in
the city's center were destroyed, has dramatically increased, resulting
in numerous civilian casualties.\9\ In the city of Mariupol, Russia's
forces have shelled the city, killing civilians with strikes on homes,
schools, hospitals and shelters, while preventing pathways for
humanitarian aid and civilian evacuation.\10\ Residents of the city
``have described a freezing hellscape riddled with dead bodies and
destroyed buildings'' where thousands ``are cut off from the world in
the besieged city.'' \11\ The Prosecutor of the International Criminal
Court in The Hague has stated that ``there is a reasonable basis to
believe that both alleged war crimes and crimes against humanity have
been committed in Ukraine'' during the past eight years, so his Office
is proceeding with active investigations, and that its investigations
will ``encompass any new alleged crimes falling within the jurisdiction
of [the] Office'' that are committed in Ukraine.\12\ Based on
information currently available, the U.S. government has assessed that
members of Russia's forces have committed war crimes in Ukraine.\13\
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\9\ Russian Offensive Campaign Assessment, The Institute for the
study of War, p. 1 & p. 5, Feb. 28, 2022, available at: https://www.understandingwar.org/sites/default/files/Russian%20Operations%20Assessments%20Feb28_1.pdf (last visited Mar.
1, 2022); ``Ukraine conflict: Russia bombs Kharkiv's Freedom Square
and opera house'', BBC, Mar. 1, 2022, available at: https://www.bbc.com/news/world-europe-60567162 (last visited Mar. 1, 2022).
\10\ ``What is happening in Mariupol, the Ukrainian city under
Russian siege?'' The Washington Post, Mar. 21, 2022, available at:
https://www.washingtonpost.com/world/2022/03/21/ukraine-mariupol-seige-russia-faq/ (last visited Mar. 25, 2022).
\11\ ``What is happening in Mariupol, the Ukrainian city under
Russian siege?'' The Washington Post, Mar. 21, 2022, available at:
https://www.washingtonpost.com/world/2022/03/21/ukraine-mariupol-seige-russia-faq/ (last visited Mar. 25, 2022).
\12\ Statement of ICC Prosecutor, Karim A.A. Khan QC, on the
Situation in Ukraine: `I have decided to proceed with opening an
investigation.', International Criminal Court, Feb. 28, 2022,
available at: https://www.icc-cpi.int/Pages/item.aspx?name=20220228-prosecutor-statement-ukraine (last visited Mar. 1, 2022).
\13\ War Crimes by Russia's Forces in Ukraine, Press Statement,
U.S. Secretary of State Antony J. Blinken, Mar. 23, 2022, available
at: https://www.state.gov/war-crimes-by-russias-forces-in-ukraine/
(last visited Mar. 25, 2022).
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Ongoing human rights abuses in the Donbas region and in Russia-
occupied Crimea demonstrate the risk to Ukraine's territories under
control by Russia's forces and Russia's proxies. In 2014, armed groups
began seizing government buildings and territory across the eastern
Donbas region bordering Russia.\14\ The Office of the U.N. High
Commissioner for Human Rights indicated that torture, sexual violence,
beatings, asphyxiation, electrocution, deprivation, isolation, and
threats were used to extract confessions or information, and force
cooperation during the 2014 hostilities.\15\ Under a local occupation
[[Page 23213]]
authority installed by the Russian government, the human rights
situation in Crimea deteriorated precipitously, with reports of
``members of Crimean Tatar community and their supporters, including
journalists, bloggers, activists, and others being subjected to
harassment, intimidation, threats, intrusive and unlawful searches of
their homes, physical attacks, and enforced disappearances.'' \16\
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\14\ ``Arbitrary Detention, Torture and Ill-treatment in the
Context of Armed Conflict in Eastern Ukraine 2014-2021'', Office of
the United Nations High Commissioner for Human Rights (OHCHR), p. 6,
2021, available at: https://www.ohchr.org/Documents/Countries/UA/UkraineArbDetTorture_EN.pdf (last visited Mar. 1, 2022).
\15\ Arbitrary Detention, Torture and Ill-treatment in the
Context of Armed Conflict in Eastern Ukraine 2014-2021, Office of
the United Nations High Commissioner for Human Rights (OHCHR), p. 2-
3, 2021, available at: https://www.ohchr.org/Documents/Countries/UA/UkraineArbDetTorture_EN.pdf (last visited Mar. 1, 2022); see also,
Amnesty International Report 2021/22: State of the World's Human
Rights, Amnesty International, p. 375, 2021, available at: https://www.amnesty.org/en/wp-content/uploads/2021/06/English.pdf (last
visited Mar. 1, 2022).
\16\ Crimea: Persecution of Crimean Tatars Intensifies, Human
Rights Watch, Nov. 14, 2017, available at: https://www.hrw.org/news/2017/11/14/crimea-persecution-crimean-tatars-intensifies (last
visited Mar. 1, 2022).
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Humanitarian Situation
The unprovoked war Russia has brought against Ukraine ``continues
to result in civilian deaths and generate further population
displacement, damage civilian infrastructure, and exacerbate
humanitarian needs across the country.'' \17\ After eight years of on
ongoing conflict with Russia, 2.9 million people in Ukraine were
``projected to be in need of humanitarian assistance in 2022, the
majority of whom, some 54 percent, are women and girls.'' \18\ Older
persons are among the most affected, as ``[t]hirty percent of people in
need of humanitarian assistance are older than 60 years of age'' with
women facing particular hardships.\19\ Children and persons with
disabilities have faced additional difficulties including access to
health care and other services. In particular, ``[m]any older persons
with disabilities do not have an official disability certificate, which
does not allow them to receive a disability allowance from the
Government of Ukraine.'' \20\
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\17\ Ukraine--Complex Emergency, U.S. Agency for International
Development, Mar. 25, 2022, available at: https://www.usaid.gov/sites/default/files/documents/2022-03-25_USG_Ukraine_Complex_Emergency_Fact_Sheet_8.pdf (last visited
Apr.12, 2022).
\18\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 4,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
\19\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 6,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
\20\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
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Destruction of Infrastructure and Scarce Resources
Since 2014, the armed conflict in the Donbas region has caused
significant damage to systems and services in the affected areas,
impacting transport and road infrastructure, energy, and water, with
over 200,000 people living in areas now cut off from essential services
and local markets.\21\ Attacks harming infrastructure in the region
have also affected access to essential services such as health care,
transportation, utilities, and education. Prior to the 2022 invasion,
UNOCHA estimated that approximately 1 million children would be
impacted by the ongoing conflict in the Donbas region and that 380,000
of them would need assistance and protection.\22\ More than 750
educational facilities have been damaged during the conflict \23\ and
``over 250,000 children living near the contact line regularly
experience shelling and exposure to landmines and explosive remnants of
war, which has made them more prone to physical injuries and mental
health issues''.\24\
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\21\ Protection Monitoring in 98 communities in the 0-5 km zone
from the ``contact line,'' UNHCR, Feb. 2021, available at: https://app.powerbi.com/view?r=eyJrIjoiYzdhZTNjODYtZTFkZS00ODMxLTk5MGEtNDQwNDczOTU4Zjc4IiwidCI6ImU1YzM3OTgxLTY2NjQtNDEzNC04YTBjLTY1NDNkMmFmODBiZSIsImMiOjh9 (last
visited Mar. 1, 2022).
\22\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 35,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
\23\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 35,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
\24\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 35,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
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Ukraine faced problems of aging infrastructure before the February
2022 invasion, which this invasion has exacerbated.\25\ Since February
24, significant infrastructural damage in Ukraine from Russia's air
strikes has ``left hundreds of thousands of people without electricity
or water, while bridges and roads damaged by shelling have left
communities cut off from markets for food and other basic supplies.''
\26\ Amid air raid sirens, civilians have sought safety underground in
subway stations, basements, and bunkers.\27\ Also, on February 27,
2022, Russia's missiles hit a number of targets vital to Ukraine's
infrastructure, including an oil facility near Kyiv, a gas pipeline in
Kharkiv, and the Zhuliany Airport.\28\
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\25\ Risk Assessment of the ``Voda Donbasu'' Water System,
UNICEF, Oct. 2019, available at: https://www.unicef.org/ukraine/reports/VD-risk-assessment-2019 (last visited Mar. 1, 2022).
\26\ Ukraine: Humanitarian Impact, Situation Report No. 01, OCHA
Ukraine, Feb. 26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Mar. 1, 2022).
\27\ ``Fear, darkness and newborn babies: Inside Ukraine's
underground shelters'', The Guardian, Feb. 26, 2022, available at:
https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters (last visited
Mar. 1, 2022).
\28\ Russia hits Ukrainian oil and gas facilities in wave of
attacks, Al Jazeera, Feb. 27, 2022, available at: https://www.aljazeera.com/news/2022/2/27/russia-ukraine-oil-gas-fuel-airport-attacks (last visited Mar. 1, 2022).
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Food security is a concern in Ukraine with 1.1 million Ukrainian
nationals in need of food assistance--more than a third of these being
severely and moderately food insecure.\29\ The impact on women has been
more pronounced and ``all available data show that female-headed
households are an estimated 1.3 times more often experiencing food
insecurity, compared to the overall population.'' \30\ In February
2022, UNOCHA estimated that 2.5 million Ukrainian nationals were in
need of water, sanitation and hygiene assistance.\31\ Those without
access to alternative water sources have been most heavily
impacted.\32\
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\29\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 79,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
\30\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 51,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
\31\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 73,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
\32\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 39,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
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Lack of Access to Healthcare
Shortly after Russia began this offensive in 2022, UNOCHA reported
that in Ukraine, the ``most pressing humanitarian needs are emergency
medical services, critical medicines, health supplies and equipment,
safe water for drinking and hygiene, and shelter and protection for
those
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displaced from their home.'' \33\ The need for humanitarian health care
is high, and approximately 1.52 million Ukrainian nationals are in need
of health care assistance.\34\
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\33\ Ukraine: Humanitarian Impact, Situation Report No. 01, OCHA
Ukraine, Feb. 26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Mar. 1, 2022).
\34\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 87,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
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Challenges within Ukraine's health care system have been
exacerbated by the massive expansion of armed conflict amidst a
pandemic.\35\ Strikes hitting medical facilities have resulted in
injuries and deaths, including among health care workers, and have
resulted in critical shortages of medical supplies in some areas.\36\
Kyiv city authorities reported over 80 babies were born in bomb
shelters in the first two nights.\37\ The COVID-19 pandemic already put
significant strain on Ukraine's health care system by stretching its
limited capacity.\38\ In February 2022, Ukraine experienced its worst
wave of COVID-19 cases thus far, bringing the total number of cases
over 5 million and the number of deaths topping 100,000.\39\ Hospitals
have struggled with the volume of COVID cases and Ukraine has one of
the lowest vaccination rates in Europe.\40\
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\35\ Impact of Health Reform on the Primary Healthcare Level in
Conflict-Affected Areas of Donetsk and Luhansk Oblasts,
M[eacute]dicos del Mundo, June 2021, available at: https://reliefweb.int/report/ukraine/impact-healthcare-reform-primary-healthcare-level-conflict-affected-areas-donetsk-and (last visited
Mar. 1, 2022).
\36\ Emergency in Ukraine: External Situation Report #3, World
Health Organization, Mar. 17, 2022, available at: https://www.who.int/publications/i/item/WHO-EURO-2022-5152-44915-63936 (last
visited Mar. 25, 2022).
\37\ ``Fear, darkness and newborn babies: Inside Ukraine's
underground shelters'', The Guardian, Feb. 26, 2022, available at:
https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters (last visited
Mar. 1, 2022).
\38\ ``We are devoted to this work because the health and lives
of people are at stake'', United Nations Office of the High
Commissioner Human Rights, Aug. 16, 2022, available at: https://www.ohchr.org/EN/NewsEvents/Pages/Ukraine-and-COVID-19.aspx (last
visited Mar. 1, 2022).
\39\ WHO Health Emergency Dashboard, WHO (COVID-19) Homepage--
Ukraine, WHO, available at: https://covid19.who.int/region/euro/country/ua (last visited Mar. 1, 2022).
\40\ WHO Health Emergency Dashboard, WHO (COVID-19) Homepage--
Ukraine, WHO, available at: https://covid19.who.int/region/euro/country/ua (last visited Mar. 1, 2022).
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Displacement
Prior to Russia's full-scale military invasion into Ukraine on
February 24, 2022, a large number of Ukrainian citizens had already
been internally displaced by the Russia-backed conflict in the Donbas
region and Russia's occupation of Crimea since 2014.\41\ As of March 5,
2021, well before the onset of the 2022 invasion by Russia, the
Ukrainian Ministry of Social Policy had already registered 1,461,770
individuals as internally displaced persons (IDPs).\42\ Among these
nearly 1.5 million IDPs, 195,320 were children, 724,786 were elderly
and 51,478 were persons with disabilities.\43\ Moreover, life in
Ukraine for many IDPs was dire with an estimated 300,000 IDPs having
been identified as in need of livelihood assistance and food assistance
for the year 2022, even before the beginning of Russia's offensive in
February.\44\
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\41\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
\42\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
\43\ Registration of Internal Displacement, UNHCR, Mar. 5, 2021,
available at: https://app.powerbi.com/view?r=eyJrIjoiY2RhMmExMjgtZWRlMS00YjcwLWI0MzktNmEwNDkwYzdmYTM0IiwidCI6ImU1YzM3OTgxLTY2NjQtNDEzNC04YTBjLTY1NDNkMmFmODBiZSIsImMiOjh9 (last
visited Mar. 1, 2022).
\44\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34,
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
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The newly intensified and widespread conflict has caused more than
four million people to flee Ukraine for Poland, Hungary, Slovakia,
Romania, Moldova, and beyond.\45\ The United Nations notes that ``women
and girls face higher risks of human rights violations and sexual
exploitation and abuse, including transactional sex, survival sex and
conflict-related sexual violence.'' \46\
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\45\ Operational Data Portal, UNHCR, Mar. 30, 2022, available
at: https://data2.unhcr.org/en/situations/ukraine (last visited Mar.
31, 2022).
\46\ Rapid Gender Analysis of Ukraine: Secondary data review,
UNHCR, Mar. 29, 2022, https://data2.unhcr.org/en/documents/details/91723 (last visited Apr. 4, 2022).
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What authority does the Secretary have to designate Ukraine for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary,\47\ after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\48\ The
decision to designate any foreign state (or part thereof) is a
discretionary decision, and there is no judicial review of any
determination with respect to the designation, termination, or
extension of a designation. See INA section 244(b)(5)(A); 8 U.S.C.
1254a(b)(5)(A).\49\ The Secretary, in his or her discretion, may then
grant TPS to eligible nationals of that foreign state (or individuals
having no nationality who last habitually resided in the designated
foreign state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\47\ INA Sec. 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135.
\48\ INA Sec. 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135. The Secretary may
designate a country (or part of a country) for TPS on the basis of
ongoing armed conflict such that returning would pose a serious
threat to the personal safety of the country's nationals and
habitual residents, environmental disaster (including an epidemic),
or extraordinary and temporary conditions in the country that
prevent the safe return of the country's nationals. For
environmental disaster-based designations, certain other statutory
requirements must be met, including that the foreign government must
request TPS. A designation based on extraordinary and temporary
conditions cannot be made if the Secretary finds that allowing the
country's nationals to remain temporarily in the United States is
contrary to the U.S. national interest. Id., at Sec. 244(b)(1).
\49\ 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 foreign state's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether they continue to
meet the conditions for the TPS designation. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
the foreign state continues to meet 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 23215]]
Notice of the Designation of Ukraine 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 U.S. Government agencies, the statutory conditions
supporting Ukraine's designation for TPS on the basis of ongoing armed
conflict and extraordinary and temporary conditions are met. See INA
section 244(b)(1)(A) and (C), 8 U.S.C. 1254a(b)(1)(A) and (C). I
estimate approximately 59,600 individuals are eligible to apply for TPS
under the designation of Ukraine. On the basis of this determination, I
am designating Ukraine for TPS for 18 months, from April 19, 2022
through October 19, 2023. See INA section 244(b)(1)(C) and (b)(2); 8
U.S.C. 1254a(b)(1)(C), and (b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Register for TPS
To register for TPS based on the designation of Ukraine, you must
submit a Form-821, Application for Temporary Protected Status and pay
the filing fee or request a fee waiver, by submitting Form I-912,
Request for Fee Waiver. 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.
You are not required to submit Form I-765 or have an EAD but see
below for more information if you want to work in the United States.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at 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).
How can TPS beneficiaries obtain an employment authorization document
(EAD)?
Everyone must provide their employer with documentation showing
that they have the legal right to work in the United States. TPS
beneficiaries are eligible to obtain an EAD, which proves their legal
right to work. TPS applicants who want to obtain an EAD must file a
Form I-765, Application for Employment Authorization and pay the Form
I-765 fee or request a fee waiver, by submitting Form I-912, Request
for Fee Waiver. TPS applicants may file this form along with their TPS
application, or at a later date, provided their TPS application is
still pending or has been approved.
Refiling an Initial TPS Registration Application After Receiving a
Denial of a Fee Waiver Request
If you receive a denial of a fee waiver request, you must refile
your Form I-821 for TPS along with the required fees during the
registration period, which extends until October 19, 2023. You may also
file for your Employment Authorization Document on Form I-765 with
payment of the fee along with your TPS application or at any later date
you decide you want to request an EAD during the registration period.
Filing Information
USCIS offers the option to applicants for TPS under Ukraine'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, Request for Employment
Authorization, with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing online.\50\ To file these forms online, you must first create a
USCIS online account.\51\
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\50\ Find information about online filing at Forms Available to
File Online, https://www.uscis.gov/file-online/forms-available-to-file-online.
\51\ https://myaccount.uscis.gov/users/sign_up.
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Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Application for Form I-821, Temporary Protected
Status and Form I-765, Application for Employment Authorization, Form
I-912, Request for Fee Waiver, if applicable, and supporting
documentation to the proper address in Table 1.
[[Page 23216]]
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you . . . Mail to . . .
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Are a beneficiary under the TPS USCIS Chicago Lockbox.
designation for Ukraine and you live U.S. Postal Service (USPS):
in the following states: U.S. Citizenship and
Alabama Immigration Services, Attn:
Alaska TPS Ukraine, P.O. Box 4464,
American Samoa Chicago, IL 60680-4464.
Arizona FedEx, UPS, or DHL: U.S.
Arkansas Citizenship and Immigration
Colorado Services, Attn: TPS Ukraine
Connecticut (Box 4464), 131 S Dearborn
Delaware St., 3rd Floor, Chicago, IL
District of Columbia 60603-5517.
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
New York
Ohio
Are a beneficiary under the TPS USCIS Phoenix Lockbox.
designation for Ukraine and you live U.S. Postal Service (USPS):
in the following states: U.S. Citizenship and
California Immigration Services, Attn:
New Jersey TPS Ukraine, P.O. Box 24047,
Michigan Phoenix, AZ 85074-4047.
Minnesota FedEx, UPS, or DHL: U.S.
Mississippi Citizenship and Immigration
Missouri Services, Attn: TPS Ukraine
Montana (Box 24047), 1820 E Skyharbor
Nebraska Circle S, Suite 100, Phoenix,
Nevada AZ 85034-4850.
New Hampshire
New Mexico
North Carolina
North Dakota
Northern Mariana Islands
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wyoming
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If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, please
mail your Form I-765 application to the appropriate mailing address in
Table 1. When you are 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 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
(i.e., registering) for TPS on the USCIS website at uscis.gov/tps under
``Ukraine.''
[[Page 23217]]
Travel
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. You must file for travel
authorization if you wish to travel outside the United States. If
granted, travel authorization gives you permission to leave the United
States and return during a specific period. To request travel
authorization, 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 you may submit on Form I-912, Request for Fee Waiver.
If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1. 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 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 The address provided in Table
Form I-821, Application for Temporary 1.
Protected Status.
Are filing Form I-131 based on a USCIS Dallas Lockbox.
pending or approved Form I-821, you U.S. Postal Service (USPS):
must include a copy of the receipt U.S. Citizenship and
notice (Form I-797C) showing we Immigration Services, Attn: I-
accepted or approved your Form I-821. 131 TPS, P.O. Box 660167,
Dallas, TX 75266-0867.
FedEx, UPS, or DHL: U.S.
Citizenship and Immigration
Services, Attn: I-131 TPS,
2501 S State Hwy. 121
Business, Ste. 400,
Lewisville, TX 75067.
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Biometric Services Fee for TPS
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay the
biometric services fee, you may request a fee waiver, which you may
submit on Form I-912, Request for Fee Waiver. For more information on
the application forms and fees for TPS, please visit the USCIS TPS web
page at uscis.gov/tps. If necessary, you may be required to visit an
Application Support Center to have your biometrics captured. For
additional information on the USCIS biometric screening process, please
see the USCIS Customer Profile Management Service Privacy Impact
Assessment, available at dhs.gov/privacy.
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, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at 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).
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on the last page of
Form I-9, Employment Eligibility Verification, as well as the
Acceptable Documents web page at 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 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 uscis.gov/I-9Central. An EAD is
an acceptable document under List A.
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, regardless of whether you have an EAD or work authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through October 19, 2023, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation such as
evidence of my status or proof of my Ukrainian citizenship or a Form I-
797C showing that I registered for TPS for Form I-9 completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C receipt.
Employers need not reverify List B identity documents. Employers may
not request proof of Ukrainian citizenship or proof of registration for
TPS when completing Form I-9 for new hires or reverifying the
employment authorization of current employees. 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.
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
[[Page 23218]]
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]. USCIS accepts calls in
English, Spanish and many other languages. Employees or job applicants
may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515)
for information regarding employment discrimination based on
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 Form I-9 differs from records
available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
confirm 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 justice.gov/ierandtheUSCISandE-Verifywebsitesatuscis.gov/i-9-central and e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, individuals approved for TPS may show their
Form I-797, Notice of Action, indicating approval of their Form I-821
application, or their A12 or C19 EAD to prove that they have TPS.
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 covered under
TPS or show you are authorized to work based on TPS. Examples of such
documents are:
Your new EAD with a category code of A12 or C19 for TPS,
regardless of your country of birth;
A copy of your Form I-94, Arrival/Departure Record; or
Form I-797, the notice of approval, for your Form I-821,
Application for Temporary Protected Status, if you received one from
USCIS.
Check with the government agency regarding which document(s) the
agency will accept. Some benefit-granting agencies use the SAVE program
to confirm the current immigration status of applicants for public
benefits. SAVE can verify when an individual has TPS based on the
documents above. 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 uscis.gov/save/save-casecheck, then
by clicking the ``Check Your Case'' button. CaseCheck is a free service
that lets you follow the progress of your SAVE verification using your
date of birth and SAVE verification case number or an immigration
identifier number that you provided to the benefit-granting agency. 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 on or will act on a SAVE verification and you do not
believe the final SAVE response is correct, please see the SAVE
Records: Fast Facts For Benefit Applicants sheet under SAVE Resources
at https://www.uscis.gov/save/save-resources for information about how
to correct or update your immigration record.
[FR Doc. 2022-08390 Filed 4-18-22; 8:45 am]
BILLING CODE 9111-97-P