[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55024-55032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19527]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2682-21; DHS Docket No. USCIS-2021-0003]
RIN 1615-ZB86


Extension of the Designation of Venezuela for Temporary Protected 
Status

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

ACTION: Notice of Temporary Protected Status (TPS) extension.

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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 Venezuela for Temporary Protected Status 
(TPS) for 18 months, effective September 10, 2022 through March 10, 
2024. This extension allows currently eligible TPS beneficiaries to 
retain TPS through March 10, 2024, so long as they otherwise continue 
to meet the eligibility requirements for TPS. Existing TPS 
beneficiaries who wish to extend their status through March 10, 2024 
must re-register during the re-registration period. This notice sets 
forth procedures necessary for Venezuelan nationals (and individuals 
having no nationality who last habitually resided in Venezuela) to re-
register for TPS and to apply for Employment Authorization Documents 
(EADs) with U.S Citizenship and Immigration Services (USCIS). USCIS 
will issue new EADs with a March 10, 2024 expiration date to eligible 
beneficiaries under Venezuela's TPS designation who timely re-register 
and apply for EADs under this extension.

DATES: Extension of Designation of Venezuela for TPS: The 18-month 
extension of the TPS designation of Venezuela for TPS is effective on 
September 10, 2022, and will remain in effect for 18 months, through 
March 10, 2024. The 60-day re-registration period for existing TPS 
beneficiaries runs from September 8, 2022 through November 7, 2022. 
(Note: It is important for re-registrants to timely re-register during 
the 60-day registration period and not to wait until their EADs expire, 
as delaying reregistration could result in gaps in their employment 
authorization documentation.)

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, Department of 
Homeland Security, by mail at 5900 Capital Gateway Drive, Camp Springs, 
MD 20746, or by phone at 800-375-5283.
    For further information on TPS, including guidance on the re-
registration process and additional information on eligibility, please 
visit the USCIS TPS web page at uscis.gov/tps. You can find specific 
information about this extension of Venezuela's TPS designation by 
selecting ``Venezuela'' 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:

[[Page 55025]]

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 
nationals of Venezuela (or individuals having no nationality who last 
habitually resided in Venezuela) to re-register for TPS and to apply 
for renewal of their EADs with USCIS. Re-registration is limited to 
individuals who have previously registered for TPS under the 
designation of Venezuela and whose applications have been granted. 
Failure to re-register properly within the 60-day re-registration 
period may result in the withdrawal of your TPS following appropriate 
procedures. See 8 CFR 244.14. Individuals who have a Venezuelan TPS 
application (Form I-821) pending as of September 8, 2022 do not need to 
file to re-register. If USCIS approves an individual's pending Form I-
821, USCIS will grant the individual TPS through March 10, 2024. 
Certain nationals of Venezuela (or individuals having no nationality 
who last habitually resided in Venezuela) who have not previously 
applied for TPS may be eligible to apply under the late initial 
registration provisions, if they meet: (1) At least one of the late 
initial filing criteria; and, (2) all TPS eligibility criteria 
(including continuous residence in the United States since March 8, 
2021, and continuous physical presence in the United States since March 
9, 2021). For more information on late initial filing please see 8 CFR 
244.2(f) and (g); and https://www.uscis.gov/humanitarian/temporary-protected-status under Late Filing.
    For individuals who have already been granted TPS under Venezuela's 
designation, the 60-day re-registration period runs from September 8, 
2022 through November 7, 2022. USCIS will issue new EADs with a March 
10, 2024 expiration date to eligible Venezuelan TPS beneficiaries who 
timely re-register and apply for EADs. Given the time frames involved 
with processing TPS re-registration applications, DHS recognizes that 
not all re-registrants may receive new EADs before their current EADs 
expire on September 9, 2022. Accordingly, through this Federal Register 
notice, DHS automatically extends the validity of these EADs previously 
issued under the TPS designation of Venezuela through September 9, 
2023.
    Therefore, as proof of continued employment authorization through 
September 9, 2023, TPS beneficiaries can show their EADs that have the 
notation A-12 or C-19 under Category and a ``Card Expires'' date of 
September 9, 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 Venezuelan TPS application (Form I-821) and/
or Application for Employment Authorization (Form I-765) that was still 
pending as of September 8, 2022 do not need to file either application 
again. If USCIS approves an individual's pending Form I-821, USCIS will 
grant the individual TPS through March 10, 2024. 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.

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 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 work so long as they continue to meet the requirements of 
TPS. They may apply for and receive EADs as evidence of employment 
authorization.
     TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of DHS 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, 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.

When was Venezuela designated for TPS?

    Secretary of Homeland Security, Alejandro N. Mayorkas, initially 
designated Venezuela for TPS on March 9, 2021, on the basis of 
extraordinary and temporary conditions that prevented nationals of 
Venezuela from returning in safety. See Designation of Venezuela for 
Temporary Protected Status and Implementation of Employment 
Authorization for Venezuelans Covered by Deferred Enforced Departure, 
86 FR 13574 (Mar. 9, 2021).

What authority does the Secretary have to extend the designation of 
Venezuela 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, to designate a foreign state (or part thereof) for TPS if 
the Secretary determines that certain country conditions exist.\1\ The 
decision to designate any foreign state (or part thereof) is a 
discretionary

[[Page 55026]]

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).\2\ The 
Secretary, in his or her discretion, may then grant TPS to eligible 
nationals of that foreign state (or individuals having no nationality 
who last habitually resided in the designated foreign state). See INA 
section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \1\ INA section 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).
    \2\ 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).

Why is the Secretary extending the TPS designation for Venezuela 
through March 10, 2024?

    The Secretary has determined that an 18-month TPS extension is 
warranted because the extraordinary and temporary conditions supporting 
TPS designation remain based on DHS's review of country conditions in 
Venezuela, including input received from the Department of State (DOS) 
and other U.S. Government agencies.

Overview

    Extraordinary and temporary conditions that prevent Venezuelan 
nationals from returning in safety include severe economic and 
political crises ongoing within Venezuela, which have an impact across 
sectors, including limited access to food, basic services, and adequate 
healthcare, and the deterioration of the rule of law and protection of 
human rights.
    Venezuela remains in a humanitarian emergency due to economic and 
political crises. The Congressional Research Service (CRS) reported in 
April 2021 that ``Venezuela's economy has collapsed'' \3\ and noted 
that Venezuela was ``in the throes of a multiyear economic crisis, one 
of the worst economic crises in the world since World War II,'' with 
its economy contracting by ``more than 75% since 2014 [. . .], 
estimated as the single largest economic collapse outside of war in at 
least 45 years and more than twice the magnitude of the Great 
Depression in the United States.'' \4\ More recently, the CRS reported, 
``Between 2014 and 2021, Venezuela's economy contracted by 80%.'' \5\ 
Though the CRS indicates that ``hyperinflation has abated and higher 
oil prices driven by Russia's invasion of Ukraine appear to be driving 
a nascent economic recovery,'' the economic situation, which negatively 
impacts access to food, purchasing power, and social services, has 
created a humanitarian crisis.\6\
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    \3\ Clare Ribando Seelke, Rebecca M. Nelson, Rhoda Margesson, 
Phillip Brown, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), Summary, Apr. 28, 2021, 
https://sgp.fas.org/crs/row/R44841.pdf (last visited: Aug. 18, 
2022).
    \4\ Id.
    \5\ Id.
    \6\ Clare Ribando Seelke, Venezuela: Political Crisis and U.S. 
Policy, CRS, p. 1, Aug. 1, 2022, chrome-extension://
efaidnbmnnnibpcajpcglclefindmkaj/https://sgp.fas.org/crs/row/IF10230.pdf (last visited Aug. 18, 2022).
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    Moreover, Venezuela has experienced more than ``two decades of 
political tumult.'' \7\ The European Asylum Support Office (EASO) also 
reported that this political polarization contributed to the emergence 
of institutional duality in Venezuela, in which neither side, those 
allied with Nicolas Maduro and those allied with Juan Guaid[oacute], 
recognizes the validity of the other's institutions.\8\ Though the 
Venezuelan constitution provides citizens the ability to change their 
government through free and fair elections, the Maduro regime has 
restricted the exercise of this right and arbitrarily banned key 
opposition figures from participating, maintained hundreds of political 
prisoners, used judicial processes to steal the legal personages of 
political parties, and denied opposition political representatives 
equal access to media coverage and freedom of movement in the 
country.\9\
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    \7\ Overcoming the Global Rift on Venezuela, International 
Crisis Group, p. i, Feb. 17, 2022, https://d2071andvip0wj.cloudfront.net/093-overcoming-the-global-rift-on-venezuela.pdf (last visited Aug. 18, 2022).
    \8\ Venezuela: Country Focus, European Asylum Support Office 
(EASO), p.21, Aug. 2020, https://coi.easo.europa.eu/administration/easo/PLib/2020_08_EASO_COI_Report_Venezuela.pdf (last visited Aug. 
18, 2022).
    \9\ 2021 Country Reports of Human Rights Practices: Venezuela, 
U.S. Department of State, Apr. 12, 2022, available at: https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/venezuela/ (last visited: Aug. 18, 2022).
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    The resulting impact of the economic and political crises spreads 
across various sectors in Venezuela. Reuters reported on a 2020-2021 
National Survey of Living Conditions (ENCOVI) that found that of the 
country's 28 million residents, 76.6% live in extreme poverty, which 
was an almost 10% increase from the previous year.\10\
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    \10\ Reuters, Extreme Poverty in Venezuela Rises to 76.6%--
study, Sept. 29, 2021, https://www.reuters.com/world/americas/extreme-poverty-venezuela-rises-766-study-2021-09-29/ (last visited 
Aug. 18, 2022).
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    Moreover, Human Rights Watch reports that one out of three 
Venezuelans is food insecure and in need of assistance.\11\ Based on 
data collected prior to the pandemic, 8 percent of children under age 5 
were acutely malnourished and 30 percent chronically malnourished or 
stunted.\12\ The United Nations Children's Fund (UNICEF) estimates that 
116,596 Venezuelan children could suffer from global acute malnutrition 
in 2022.\13\ Estimates suggest that Venezuelans would require 136 times 
the minimum wage of $1.71 per month to access a basic food basket.\14\
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    \11\ Human Rights Watch, World Report 2021, Venezuela, https://www.hrw.org/world-report/2021/country-chapters/venezuela (last 
visited Aug. 18, 2022).
    \12\ Id.
    \13\ UNICEF, Humanitarian Action for Children 2022--Venezuela, 
(Dec. 7, 2021), https://reliefweb.int/report/venezuela-bolivarian-republic/humanitarian-action-children-2022-venezuela (last visited 
Aug. 18, 2022).
    \14\ Id. The UN's Food and Agriculture Organization (FAO) issues 
a monthly food price index, a measure of change in international 
prices of a basket of food commodities. See United Nations, ``Global 
Issues: Food'' (last visited 7/25/2022), https://www.un.org/en/global-issues/food. A national food basket is a group of essential 
food commodities.

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[[Page 55027]]

    Additionally, sources have described Venezuela's health system as 
``run-down,'' \15\ ``overloaded and crumbling,'' \16\ and 
``collapsed.'' \17\ Human Rights Watch noted that millions of 
Venezuelans are unable to access basic healthcare.\18\ Moreover, 
Venezuela's ``collapsed health system has led to the resurgence of 
vaccine-preventable and infectious diseases. Shortages of medications 
and supplies, interruptions of utilities at healthcare centers, and the 
emigration of healthcare workers have led to a decline in operational 
capacity.'' \19\ Venezuela is currently experiencing an outbreak of 
yellow fever, and other vaccine-preventable diseases such as measles 
and polio are at risk of re-emerging.\20\ Three quarters of households 
experience irregular water service provision, while 8.4% do not have 
access, factors which exacerbate health and nutrition problems.\21\
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    \15\ Vivian Sequera, Venezuela COVID patients, exhausted doctors 
get mental health help from medical charity, Reuters, Feb. 2, 2022, 
https://web.archive.org/web/20220217023626/https:/www.reuters.com/world/asia-pacific/venezuela-covid-patients-exhausted-doctors-get-mental-health-help-medical-2022-02-02/ (last visited Aug. 18, 2022).
    \16\ Venezuelans rely on the kindness of strangers to pay for 
COVID-19 treatment, Reuters, Oct. 4, 2021, https://web.archive.org/web/20211004193653/https:/www.reuters.com/world/americas/venezuelans-rely-kindness-strangers-pay-covid-19-treatment-2021-10-04/ (last visited Aug. 18, 2022).
    \17\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip, 
Margesson, Rhoda, Venezuela: Background and U.S. Relations, CRS, 
p.11, Apr. 28, 2021, https://sgp.fas.org/crs/row/R44841.pdf; World 
Report 2022--Venezuela, Human Rights Watch, Jan. 2022, https://www.hrw.org/world-report/2022/country-chapters/venezuela (last 
visited Aug. 18, 2022).
    \18\ Human Rights Watch, World Report 2021, Venezuela, https://www.hrw.org/world-report/2021/country-chapters/venezuela (last 
visited Aug. 18, 2022).
    \19\ World Report 2022--Venezuela, Human Rights Watch, Jan. 
2022, https://www.hrw.org/world-report/2022/country-chapters/venezuela (last visited Aug. 18, 2022).
    \20\ UNICEF, Humanitarian Action for Children 2022--Venezuela 
(Dec. 7, 2021), https://reliefweb.int/report/venezuela-bolivarian-republic/humanitarian-action-children-2022-venezuela (last visited 
Aug. 18, 2022).
    \21\ Id.
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    Human Rights Watch reports that ``As of October 28 [2021], 
Venezuela has confirmed 403,318 cases of COVID-19 and 4,848 deaths. 
Given limited availability of reliable testing, lack of government 
transparency, and persecution of medical professionals and journalists 
who report on the pandemic, the actual numbers are probably much 
higher.'' \22\ Reports further indicate that ``Venezuela's COVID-19 
vaccination has been marred by corruption allegations and opacity 
regarding the acquisition and distribution of vaccines and other 
medical supplies.'' \23\ Human Rights Watch reports that ``. . . only 
21.6 percent of Venezuelans were fully vaccinated as of that date 
[October 27, 2021], according to the Pan American Health Organization, 
and 25 to 28 percent of health professionals were still waiting for 
their second vaccine shot in August.'' \24\
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    \22\ Human Rights Watch, World Report 2022, Venezuela, https://www.hrw.org/world-report/2022/country-chapters/venezuela (last 
visited Aug. 18, 2022).
    \23\ Id.
    \24\ Id.
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    The political and economic crises also impact respect for human 
rights in Venezuela. In a February 2022 report, Amnesty International 
noted that ``[c]rimes under international law and human rights 
violations, including politically motivated arbitrary detentions, 
torture, extrajudicial executions and excessive use of force have been 
systematic and widespread, and could constitute crimes against 
humanity.'' \25\ Amnesty International further reported that ``trends 
of repression in Venezuela have been directed against a specific group 
of people: those perceived as dissidents or opponents'' of 
Nicol[aacute]s Maduro.\26\ While the ``people belonging to this group 
are all different,'' Amnesty International noted that it is 
nevertheless ``possible to identify particular groups that have been 
especially targeted by the policy of repression, namely students, 
political activists, and human rights defenders.'' \27\
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    \25\ Venezuela: Calculated repression: Correlation between 
stigmatization and politically motivated arbitrary detentions, 
Amnesty International, p.11, Feb. 10, 2022, https://www.amnesty.org/en/documents/amr53/5133/2022/en/ (last visited Aug. 18, 2022).
    \26\ Venezuela: Calculated repression: Correlation between 
stigmatization and politically motivated arbitrary detentions, 
Amnesty International, p.52, Feb. 10, 2022, https://www.amnesty.org/en/documents/amr53/5133/2022/en/ (last visited Aug. 18, 2022).
    \27\ Id.
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    It is estimated that ``more than 6 million refugees and migrants 
have left Venezuela as a result of the political turmoil, socio-
economic instability, and the ongoing humanitarian crisis.'' \28\ The 
New Humanitarian reports that ``The vast majority of the 6 million 
Venezuelans who have escaped poverty, insecurity, and economic collapse 
. . . have tried to start new lives in South America. But two years 
after COVID-19 led governments to close borders and enforce 
quarantines, many are discovering that the region is becoming a less 
welcoming place.'' \29\
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    \28\ International Organization for Migration, UN Migration, 
Venezuelan Refugee and Migrant Crisis, https://www.iom.int/venezuelan-refugee-and-migrant-crisis (last visited Aug. 15, 2022).
    \29\ Paula Dupraz-Dobias, The New Humanitarian, Nowhere left to 
turn, part 2: In a region hit hard by COVID, the welcome for 
Venezuelan migrants wears thin, July 12, 2022, https://www.thenewhumanitarian.org/analysis/2022/07/14/South-America-Venezuelan-migrants-COVID (last visited Aug. 18, 2022).
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    In summary, Venezuela continues to be in a humanitarian emergency. 
Venezuela continues to face economic contraction, poverty, high levels 
of unemployment, reduced access to and shortages of food and medicine, 
a severely weakened medical system, a collapse in basic services, 
political polarization, institutional and political tensions, human 
rights abuses and repression, crime and violence, corruption, and 
increased human mobility and displacement. The continuing extraordinary 
and temporary conditions supporting Venezuela's TPS designation remain.
    Based upon this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Venezuela's designation for TPS 
continue to be met. See INA section 244(b)(1)(C), 8 U.S.C. 
1254a(b)(1)(C).
     There continue to be extraordinary and temporary 
conditions in Venezuela that prevent Venezuelan nationals (or 
individuals having no nationality who last habitually resided in 
Venezuela) from returning to Venezuela in safety, and it is not 
contrary to the national interest of the United States to permit 
Venezuelan 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 Venezuela for TPS should be extended 
for an 18-month period, from September 10, 2022, through March 10, 
2024. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

[[Page 55028]]

Notice of the Extension of the TPS Designation of Venezuela

    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 Venezuela's designation for TPS on the basis of 
extraordinary and temporary conditions continue to be met. See INA 
section INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On the basis 
of this determination, I am extending the existing designation of TPS 
for Venezuela for 18 months, from September 10, 2022, through March 10, 
2024. 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 Re-Register for TPS

    To re-register for TPS based on the designation of Venezuela, you 
must submit an Application for Temporary Protected Status (Form I-821). 
There is no Form I-821 fee for re-registration. See 8 CFR 244.17. You 
may be required to pay the biometric services fee. If you can 
demonstrate an inability to pay the biometric services fee, you may 
request to have the fee waived. Please see additional information under 
the ``Biometric Services Fee'' section of this notice.
    Through this Federal Register notice, your existing EAD issued 
under the TPS designation of Venezuela with the expiration date of 
September 9, 2022, is automatically extended through September 9, 2023. 
Although not required to do so, if you want to obtain a new EAD valid 
through March 10, 2024, you must file an Application for Employment 
Authorization (Form I-765) and pay the Form I-765 fee (or request a fee 
waiver, which you may submit on Form I-912, Request for 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 file Form I-765 at a later date and pay the fee (or request a fee 
waiver) at that time, provided that you still have TPS or a pending TPS 
application.
    If you have a Form I-821 and/or Form I-765 that was still pending 
as of September 8, 2022, then you do not need to file either 
application again. If USCIS approves your pending TPS application, 
USCIS will grant you TPS through March 10, 2024. Similarly, if USCIS 
approves your pending TPS-related Form I-765, it will be valid through 
the same date.
    You may file the application for a new EAD either prior to or after 
your current EAD has expired. However, you are strongly encouraged to 
file your application for a new EAD as early as possible to avoid gaps 
in the validity of your employment authorization documentation.
    For more information on the application forms and fees for TPS, 
please visit the USCIS TPS web page at 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).

Refiling a TPS Re-Registration Application After Receiving a Denial of 
a Fee Waiver Request

    You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue 
your EAD promptly. Properly filing early will also allow you to have 
time to refile your application before the deadline, should USCIS deny 
your fee waiver request. If, however, you receive a denial of your fee 
waiver request and 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, you are urged to 
refile within 45 days of the date on any USCIS fee waiver denial 
notice, if possible. See INA section 244(c)(3)(C); 8 U.S.C. 
1254a(c)(3)(C); 8 CFR 244.17(b). For more information on good cause for 
late re-registration, visit the USCIS TPS web page at www.uscis.gov/tps. Following denial of 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, 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 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 biometrics services fee, if 
applicable, (or request a fee waiver).

Filing Information

    USCIS offers the option to re-registrants for TPS under the 
extension of Venezuela'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.\30\ To file these forms online, you must first create a 
USCIS online account.\31\
---------------------------------------------------------------------------

    \30\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \31\ 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 Form I-821, Application for Temporary Protected 
Status; 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.

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
                     If . . .                           Mail to . . .
------------------------------------------------------------------------
You are a beneficiary re-registering under the TPS  U.S. Postal Service
 designation for Venezuela and you live in Florida.  (USPS): USCIS,
                                                     Attn: TPS
                                                     Venezuela, P.O. Box
                                                     20300, Phoenix, AZ
                                                     85036-0300.
                                                    FedEx, UPS, and DHL
                                                     deliveries: USCIS,
                                                     Attn: TPS Venezuela
                                                     (Box 20300), 1820 E
                                                     Skyharbor Circle S,
                                                     Suite 100, Phoenix,
                                                     AZ 85034-4850.
You are a beneficiary re-registering under the TPS  U.S. Postal Service
 designation for Venezuela and you live in any       (USPS): USCIS,
 other state.                                        Attn: TPS
                                                     Venezuela, P.O. Box
                                                     805282, Chicago, IL
                                                     60680-5285.
                                                    FedEx, UPS, and DHL
                                                     deliveries: USCIS,
                                                     Attn: TPS Venezuela
                                                     (Box 805282), 131
                                                     South Dearborn--3rd
                                                     Floor, Chicago, IL
                                                     60603-5517.
------------------------------------------------------------------------


[[Page 55029]]

    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 
(that is, registering) for TPS on the USCIS website at uscis.gov/tps 
under ``Venezuela.''

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 of 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 are . . .                      Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with a Form   The address provided in Table
 I-821, Application for Temporary         1.
 Protected Status.
Filing Form I-131 based on a pending or  USCIS, Attn: I-131 TPS, P.O.
 approved Form I-821, and you are using   Box 660167, Dallas, TX 75266-
 the U.S. Postal Service (USPS):          0867.
You must include a copy of the receipt
 notice (Form I-797C) showing we
 accepted or approved your Form I-821.
Filing Form I-131 based on a pending or  USCIS, Attn: I-131 TPS, 2501 S
 approved Form I-821, and you are using   State Hwy. 121 Business, Ste.
 FedEx, UPS, or DHL:                      400, Lewisville, TX 75067.
You must include a copy of the receipt
 notice (Form I-797C) showing we
 accepted or approved your Form I-821.
------------------------------------------------------------------------

Biometric Services Fee

    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 www.uscis.gov/tps. If necessary, you may be required to visit 
an Application Support Center to have your biometrics captured. For 
additional information on the USCIS biometrics screening process, 
please see the USCIS Customer Profile Management Service Privacy Impact 
Assessment, available at www.dhs.gov/privacy.

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).

Am I eligible to receive an automatic extension of my current EAD 
through September 9, 2023, using this Federal Register notice?

    Yes. Regardless of your country of birth, provided that you 
currently have a Venezuela TPS-based EAD that has the notation A-12 or 
C-19 under Category and a ``Card Expires'' date of September 9, 2022, 
this Federal Register notice automatically extends your EAD through 
September 9, 2023. Although this Federal Register notice automatically 
extends your EAD through September 9, 2023, you must re-register timely 
for TPS in accordance with the procedures described in this Federal 
Register notice to maintain your TPS and employment authorization.

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

    You can find the Lists of Acceptable Documents on the 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. 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 states A-12 or C-19 under Category and has a 
Card Expires date of September 9, 2022, it has been extended

[[Page 55030]]

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 September 9, 2023, unless 
your TPS has been withdrawn or your request for TPS has been denied. 
Your country of birth notated on the EAD does not have to reflect the 
TPS designated country of Venezuela for you to be eligible for this 
extension.

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 Expires'' date 
and Category code, your employer should update the EAD expiration date 
in Section 2 of Form I-9. See the section ``What updates should my 
current employer make to Form I-9 if my EAD has been automatically 
extended?'' of this Federal Register notice for further information. 
You may show this Federal Register notice to your employer to explain 
what to do for Form I-9 and to show that USCIS has automatically 
extended your EAD through September 9, 2023, but you are not required 
to do so. The last day of the automatic EAD extension is September 9, 
2023. Before you start work on September 10, 2023, 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.

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 March 10, 2024, 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 Venezuelan citizenship or a Form 
I-797C showing that I registered or re-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 Venezuelan citizenship or proof of registration or 
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 to relate to you. Refer to the ``Note to 
Employees'' section of this Federal Register notice for important 
information about your rights if your employer rejects lawful 
documentation, requires additional documentation, or otherwise 
discriminates against you based on your citizenship or immigration 
status, or your national origin.

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

    When using an automatically extended EAD to complete Form I-9 for a 
new job before September 10, 2023:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter September 
9, 2023, as the ``expiration date''; and
    b. Enter your USCIS number or A-Number where indicated. (Your EAD 
or other document from DHS will have your USCIS number or A-Number 
printed on it; the USCIS number is the same as your A-Number without 
the A prefix.)
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended by ensuring it is in 
category A-12 or C-19 and has a ``Card Expires'' date of September 9, 
2022;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write September 9, 2023, as the expiration date.
    Before the start of work on September 10, 2023, 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 on the front of the card and has a ``Card Expires'' date of 
September 9, 2022. The employer may not rely on the country of birth 
listed on the card to determine whether you are eligible for this 
extension.
    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 September 9, 2023, 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 one-year automatic extension has 
ended, or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By September 10, 2023, 
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.

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 September 9, 
2023, 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

[[Page 55031]]

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 September 10, 2023, 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]. 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, 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. 
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 may be used by DHS to determine if you have TPS or another 
immigration status. Examples of such documents are:
     Your current EAD with a TPS category code of A12 or C19, 
even if your country of birth noted on the EAD does not reflect the TPS 
designated country of Venezuela;
     Your Form I-94, Arrival/Departure Record;
     Your Form I-797, Notice of Action, reflecting approval of 
your Form I-765; or
     Form I-797, Notice of Action, reflecting approval or 
receipt of a past or current Form I-821.

    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.
    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 your EAD in addition to your recent 
TPS-related document with your A-Number, or USCIS number;
    b. Explain that SAVE will be able to verify the continuation of 
your TPS using this information; and
    c. Ask the agency to initiate a SAVE query with your information 
and follow through with additional verification steps, if necessary, to 
get a final SAVE response verifying your TPS.
    You can also ask the agency to look for SAVE notices or contact 
SAVE if they have any questions about your immigration status or 
automatic extension of TPS-related documentation. In most cases, SAVE 
provides an automated electronic response to benefit-granting agencies 
within seconds, but occasionally verification can be delayed. You can 
check the status of your SAVE verification by using CaseCheck at 
save.uscis.gov/casecheck/. CaseCheck is a free service that lets you 
follow the progress of your SAVE verification case using your date of 
birth and one immigration identifier number (A-Number, USCIS number, or 
Form I-94 number) or Verification Case Number. If an agency has denied 
your application based solely or in part on a SAVE

[[Page 55032]]

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 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. 2022-19527 Filed 9-7-22; 8:45 am]
BILLING CODE 9111-97-P