[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Pages 58515-58524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20784]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2686-21; DHS Docket No. USCIS-2021-0005]
RIN 1615-ZB88


Extension and Redesignation of Burma (Myanmar) 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 and 
redesignation.

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SUMMARY: Through this notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Burma for Temporary Protected Status (TPS) 
for 18 months, effective from November 26, 2022, through May 25, 2024. 
This extension allows existing TPS beneficiaries to retain TPS through 
May 25, 2024, so long as they otherwise continue to meet the 
eligibility requirements for TPS. Existing TPS beneficiaries who wish 
to extend their status through May 25, 2024, must re-register during 
the 60-day re-registration period described in this notice. The

[[Page 58516]]

Secretary is also redesignating Burma for TPS. The redesignation of 
Burma allows additional Burmese nationals (and individuals having no 
nationality who last habitually resided in Burma) who have been 
continuously residing in the United States since September 25, 2022 to 
apply for TPS for the first time during the initial registration period 
described under the redesignation information in this notice. In 
addition to demonstrating continuous residence in the United States 
since September 25, 2022 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 November 26, 2022, the effective date of this redesignation of 
Burma for TPS.

DATES: 
    Extension of Designation of Burma for TPS: The 18-month extension 
of Burma's designation for TPS is effective on November 26, 2022, and 
will remain in effect for 18 months, through May 25, 2024. The 
extension impacts existing beneficiaries of TPS.
    Re-registration: The 60-day re-registration period for existing 
beneficiaries runs from September 27, 2022 through November 26, 2022. 
(Note: It is important for re-registrants to timely re-register during 
the registration period and not to wait until their Employment 
Authorization Documents (EADs) expire, as delaying re-registration 
could result in gaps in their employment authorization documentation.)
    Redesignation of Burma for TPS: The 18-month redesignation of Burma 
for TPS is effective on November 26, 2022, and will remain in effect 
for 18 months, through May 25, 2024. The redesignation impacts 
potential first-time applicants and others who do not currently have 
TPS.
    First-time Registration: The initial registration period for new 
applicants under the Burma TPS redesignation begins on September 27, 
2022 and will remain in effect through May 25, 2024.

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 
registration process and additional information on eligibility, please 
visit the USCIS TPS web page at uscis.gov/tps. You can find specific 
information about Burma's TPS designation by selecting ``Burma'' 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 
nationals of Burma (or individuals having no nationality who last 
habitually resided in Burma) to (1) re-register for TPS and to apply 
for renewal of their EADs with USCIS or (2) submit an initial 
registration application under the redesignation and apply for an EAD.
    Re-registration is limited to individuals who have previously 
registered for TPS under the prior designation of Burma and whose 
applications have been granted. Failure to re-register properly during 
the 60-day re-registration period may result in the withdrawal of your 
TPS following appropriate procedures. See 8 CFR 244.14.
    For individuals who have already been granted TPS under Burma's 
designation, the 60-day re-registration period runs from September 27, 
2022 through November 26, 2022. USCIS will issue new EADs with a May 
25, 2024 expiration date to eligible Burmese 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. Accordingly, through this Federal Register notice, DHS 
automatically extends the validity of EADs previously issued under the 
TPS designation of Burma through November 25, 2023. Therefore, as proof 
of continued employment authorization through November 25, 2023, TPS 
beneficiaries can show their EADs that have the notation A-12 or C-19 
under Category and a ``Card Expires'' date of November 25, 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 Burma TPS application (Form I-821) and/or 
Application for Employment Authorization (Form I-765) that was still 
pending as of September 27, 2022 do not need to file either application 
again. If USCIS approves an individual's Form I-821, USCIS will grant 
the individual TPS through May 25, 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.
    Under the redesignation, individuals who currently do not have TPS 
may submit an initial application during the initial registration 
period that runs from September 27, 2022 and runs through the full 
length of the redesignation period ending May 25, 2024.\1\ In

[[Page 58517]]

addition to demonstrating continuous residence in the United States 
since September 25, 2022 and meeting other eligibility criteria, 
initial applicants for TPS under this redesignation must demonstrate 
that they have been continuously physically present in the United 
States since November 26, 2022,\2\ the effective date of this 
redesignation of Burma, before USCIS may grant them TPS. DHS estimates 
that approximately 2,290 individuals may become newly eligible for TPS 
under the redesignation of Burma.
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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., 
Designation of Haiti for Temporary Protected Status, 86 FR 41863 
(Aug. 3, 2021) (providing 18-mos. registration period under new TPS 
designation of Haiti); Extension of Initial Registration Periods for 
New Temporary Protected Status Applicants Under the Designations for 
Venezuela, Syria and Burma; Correction to the Notice on the 
Designation of Venezuela for Temporary Protected Status and 
Implementation of Employment Authorization for Venezuelans Covered 
by Deferred Enforced Departure, 86 FR 41986 (Aug. 4, 2021) 
(extending initial registration periods from 180 days to 18 months 
for the three applicable countries)). For the same reasons, the 
Secretary is similarly exercising his discretion to provide 
applicants under this TPS designation of Burma 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 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 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 Burma designated for TPS?

    Secretary of Homeland Security, Alejandro N. Mayorkas, initially 
designated Burma for TPS on May 25, 2021, on the basis of extraordinary 
and temporary conditions that prevented nationals of Burma from 
returning in safety. See Designation of Burma Temporary Protected 
Status, 86 FR 28132 (May 25, 2021).

What authority does the Secretary have to extend the designation of 
Burma 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.\3\ 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).\4\ 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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    \3\ 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).
    \4\ 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).

What is the Secretary's authority to redesignate Burma for TPS?

    In addition to extending an existing TPS designation, the 
Secretary, after consultation with appropriate Government agencies, may 
redesignate a country (or part thereof) for TPS if conditions support 
such a designation. See section 244(b)(1) of the Act, 8 U.S.C. 
1254a(b)(1); see also section 244(c)(1)(A)(i) of the Act, 8 U.S.C. 
1254a(c)(1)(A)(i) (requiring that ``the alien has been continuously 
physically present since the effective date of the most recent 
designation of the state'') (emphasis added).\5\
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    \5\ The extension and redesignation of TPS for Burma is one of 
several instances in which the Secretary and, prior to the 
establishment of DHS, the Attorney General, have simultaneously 
extended a country's TPS designation and redesignated the country 
for TPS. See, e.g., 76 FR 29000 (May 19, 2011) (extension and 
redesignation for Haiti); 69 FR 60168 (Oct. 7, 2004) (extension and 
redesignation for Sudan); 62 FR 16608 (Apr. 7, 1997) (extension and 
redesignation for Liberia).
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    When the Secretary designates or redesignates a country for TPS, 
the Secretary also has the discretion to establish the date from which 
TPS applicants must demonstrate that they have been ``continuously 
resid[ing]'' in the United States. See section 244(c)(1)(A)(ii) of the 
Act, 8 U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the 
``continuous residence'' date for applicants for TPS under the 
redesignation of Burma will be September 25, 2022. Initial applicants 
for TPS under this redesignation must also show they have been 
``continuously physically present''

[[Page 58518]]

in the United States since November 26, 2022, which is the effective 
date of the Secretary's redesignation, of Burma. See section 
244(c)(1)(A)(i) of the Act, 8 U.S.C. 1254a(c)(1)(A)(i). For each 
initial TPS application filed under the redesignation, the final 
determination of whether the applicant has met the ``continuous 
physical presence'' requirement cannot be made until November 26, 2022, 
the effective date of this redesignation for Burma. USCIS, however, 
will issue employment authorization documentation, as appropriate, 
during the registration period in accordance with 8 CFR 244.5(b).

Why is the Secretary extending the TPS designation for Burma and 
simultaneously redesignating Burma for TPS through May 25, 2024?

    DHS has reviewed country conditions in Burma. Based on the review, 
including consultation with DOS and other U.S. Government agencies, the 
Secretary has determined that an 18-month TPS extension is warranted 
because the extraordinary and temporary conditions supporting Burma's 
TPS designation remain. The Secretary has further determined that 
redesignating Burma for TPS under section 244(b)(3)(C), 8 U.S.C. 
1254a(b)(3)(C) of the Act is warranted and is changing the ``continuous 
residence'' and ``continuous physical presence'' dates that applicants 
must meet to be eligible for TPS.
    DHS has conducted a thorough review of country conditions in Burma. 
Since the February 1, 2021 military coup d'[eacute]tat, the military 
regime has widely committed human rights violations and abuses, 
including arbitrary detentions and the unwarranted use of deadly force 
against unarmed individuals.\6\ As a result, more than 974,000 people 
have been internally displaced since the coup, bringing the total 
number of IDPs to nearly 1.3 million people when including pre-coup 
displacements, and more than 45,500 additional persons have sought 
refuge outside Burma since the coup.\7\ Internally displaced persons 
and other vulnerable populations throughout the country now lack 
adequate and secure access to shelter, food, water and sanitation, 
health care, and education and are therefore also increasingly 
vulnerable to trafficking.
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    \6\ Report of the Special Rapporteur on the situation of human 
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council, 
Mar. 16, 2022, available at: https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas (last accessed May 27, 2022).
    \7\ Myanmar Humanitarian Update No. 21, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), September 2, 2022, p. 
2., available at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-21-2-september-2022 (last visited Sep. 13, 
2022).
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    In the period following the coup, fighting between the Burmese 
military and groups (many of them newly formed) resisting the 
military's seizure of power have expanded to most parts of the country, 
even regions where clashes had not been seen in decades.\8\ For 
example, shortly after its inception, the group known as the ``National 
Unity Government'' (NUG), created an armed component to purportedly 
lead overall direction for resistance forces, which it refers to as the 
People's Defense Force (PDF).\9\ However, the growing capacity of the 
PDF and other forces opposed to military rule has coincided with 
greater instability, with hundreds of civilians killed in clashes 
between the military and the PDF and hundreds of thousands 
displaced.\10\ Additionally, ``nearly 26,000 civilian properties, 
including houses, churches, monasteries, and schools are estimated to 
have been destroyed during hostilities, although figures are difficult 
to verify.'' \11\ Since the coup, an additional 1,835 persons were 
killed and 10,600 arrested due to activities unrelated to the ongoing 
fighting, mainly during the continuing anti-coup protests.\12\ On 
October 21, 2021, the Armed Conflict Location and Event Database 
(ACLED) reported that over 60% of the world's demonstrators killed by 
state actors died in Burma, thus naming it ``the deadliest country for 
demonstrators.'' \13\
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    \8\ Myanmar's Coup Shakes Up Its Ethnic Conflicts, International 
Crisis Group, Jan. 12, 2022, available at: https://www.crisisgroup.org/asia/south-east-asia/myanmar/319-myanmars-coup-shakes-its-ethnic-conflicts (last accessed May 27, 2022).
    \9\ Conflict seen escalating in Myanmar on anniversary of PDF, 
Radio Free Asia, May 11, 2022, available at: https://www.rfa.org/english/news/myanmar/anniversary-05112022202816.html (last visited 
May 24, 2022).
    \10\ Conflict seen escalating in Myanmar on anniversary of PDF, 
Radio Free Asia, May 11, 2022, available at: https://www.rfa.org/english/news/myanmar/anniversary-05112022202816.html (last visited 
May 24, 2022).
    \11\ Myanmar Humanitarian Update No. 21, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), September 2, 2022, p. 
2., available at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-21-2-september-2022 (last visited Sep. 14, 
2022).
    \12\ Conflict seen escalating in Myanmar on anniversary of PDF, 
Radio Free Asia, May 11, 2022, available at: https://www.rfa.org/english/news/myanmar/anniversary-05112022202816.html (last visited 
May 24, 2022).
    \13\ Deadly Demonstrations: Fatalities from State Engagement on 
the Rise, Armed Conflict Location and Event Database (ACLED), Oct. 
21, 2022, available at: https://acleddata.com/2021/10/21/deadly-demonstrations/ (last visited May 23, 2022).
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    On March 15, 2022, the United Nations (U.N.) High Commissioner for 
Human Rights, Michelle Bachelet, asked the international community to 
take ``concerted, immediate measures to stem the spiral of violence [in 
Burma],'' \14\ referencing a report from the Office of the High 
Commissioner for Human Rights (OHCHR) finding that the Burmese military 
forces target civilians and continue to use explosive weapons with 
wide-ranging effects in populated areas.\15\ On March 16, 2022, the 
U.N. Human Rights Council Special Rapporteur on the situation of human 
rights in Myanmar issued a report detailing human rights abuses 
committed by the Burmese military since the February 2021 coup. The 
report noted that the military has escalated what it labeled 
``indiscriminate attacks against civilians using jet fighters, attack 
helicopters and heavy artillery.'' \16\ It added that ``soldiers have 
burned entire villages to the ground. Civilians and combatants have 
been tortured, raped, executed, and used as human shields.\17\ The U.S. 
Institute of Peace observed that, one year after the coup, ``the 
violence has descended into full-scale civil war,'' with devastating 
effects on civilians as the Burmese military used ``heavy weapons and 
air assaults, wiping out entire villages in attempts to dislodge EAOs 
[ethnic armed organizations] and PDFs.'' \18\
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    \14\ Myanmar: `Appalling' violations demand `unified and 
resolute international response', U.N. News, Mar. 15, 2022, 
available at: https://news.un.org/en/story/2022/03/1113972 (last 
visited May 25, 2022).
    \15\ Myanmar: `Appalling' violations demand `unified and 
resolute international response', U.N. News, Mar. 15, 2022, 
available at: https://news.un.org/en/story/2022/03/1113972 (last 
visited May 25, 2022).
    \16\ Report of the Special Rapporteur on the situation of human 
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council, 
Mar. 16, 2022, available at: https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas (last accessed May 27, 2022).
    \17\ Report of the Special Rapporteur on the situation of human 
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council, 
Mar. 16, 2022, available at: https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas (last accessed May 27, 2022).
    \18\ Myanmar Study Group: Final Report--Anatomy of the Military 
Coup and Recommendations for U.S. Response, U.S. Institute for 
Peace, Feb. 1, 2022, p.5, available at https://www.usip.org/publications/2022/02/myanmar-study-group-final-report (last accessed 
May 27, 2022).
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    The coup pushed Burma into a volatile political and security 
situation ``heavily impact[ing] [Burma's] emerging economy and the 
[country's] already fragile public service sector, further restricting 
people's access to essential services and children's access

[[Page 58519]]

to education.'' \19\ ``This multi-dimensional humanitarian crisis [has] 
affect[ed] the whole country,'' \20\ causing large numbers of persons 
to flee the country as refugees or to be displaced internally. 
Displacement has increased exponentially since February 2021.\21\
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    \19\ Myanmar Humanitarian Needs Overview 2022, December 31,2021, 
p. 6, available at https://reliefweb.int/sites/reliefweb.int/files/resources/mmr_humanitarian_needs_overview_2022.pdf (last visited 
Aug. 12, 2022).
    \20\ Id.
    \21\ Myanmar Emergency Overview Map, UNHCR, July 4, 2022, 
available at: https://reporting.unhcr.org/document/2851 (last 
visited Aug. 3, 2022).
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    Furthermore, though estimates are difficult to verify, about 
``26,000 civilian properties, including houses, churches, monasteries, 
and schools'' \22\ appear to have been destroyed since the start of the 
violence, a level of destruction that ``will make IDP [internally 
displaced persons] returns more difficult even if the situation 
improves.'' \23\
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    \22\ Myanmar Humanitarian Update No. 18, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 2., 
available at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022 (last visited Jun. 8, 2022).
    \23\ Id.
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    The 2021 DOS Country Report on Human Rights Practices indicated 
there were reports that the military regime's security forces and some 
resistance organizations have engaged in ``killings, disappearances, 
excessive use of force, disregard for civilian life, sexual violence, 
and other abuses.'' \24\ According to the Assistance Association for 
Political Prisoners, as of June 2, 2022, there were 10,870 people 
currently under detention in connection with the February 2021 
coup.\25\ As of June 2, 2022, 13,926 had been arrested in connection 
with the coup, 3,035 persons had been released from detention, and 
1,883 persons had been killed in connection with the coup.\26\
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    \24\ 2021 Country Reports on Human Rights Practices: Burma, U.S. 
Department of State, Apr. 12, pg. 15, available at: https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/burma/ (last visited Jun. 2, 2022).
    \25\ Daily Briefing in Relation to the Military Coup, Assistance 
Association for Political Prisoners, Jun. 2, 2022, available at: 
https://https://aappb.org/?p=21971 (last visited Jun. 2, 2022).
    \26\ Id.
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    The coup has also exacerbated the precarious human rights situation 
of members of the ethnic minority Rohingya. In March 2022, the U.S. 
Secretary of State determined that members of the Burmese military had 
committed genocide and crimes against humanity against Rohingya.\27\ 
Rohingya are forbidden by law from relocating within Burma and have 
been arrested since the 2021 coup when they have attempted to do 
so.\28\ Rohingya attempting to flee Burma by boat have also perished at 
sea, as happened in May 2022 when 14 people died when their boat 
capsized as they were attempting to make the journey from Rakhine state 
to Malaysia.\29\
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    \27\ Genocide, Ethnic Cleansing, and Crimes Against Humanity in 
Burma, U.S. Department of State, undated, available at: https://www.state.gov/burma-genocide/ (last visited May 25, 2022).
    \28\ Myanmar's military coup prolongs misery for Rohingya in 
Rakhine, Al-Jazeera, Jan. 6, 2022, available at: https://www.aljazeera.com/news/2022/1/6/rohingya-myanmar-restrictions-on-freedom-of-movement (last visited May 31, 2022).
    \29\ At Least 17 Perish as Refugee Boat Capsizes Off Myanmar 
Coast, The Diplomat, May 24, 2022, available at: https://thediplomat.com/2022/05/at-least-17-perish-as-refugee-boat-capsizes-off-myanmar-coast/ (last visited May 31, 2022).
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    As of May 31, 2022, 4.1 million persons were estimated to face 
moderate to severe food insecurity with the greatest needs in violence-
affected rural areas.\30\ Access to adequate food and nutrition is a 
major unmet need. Severe acute malnutrition is a threat to life, with 
only 2 percent of the 39,477 children aged 6-59 months old targeted for 
assistance having received treatment.\31\ In some places, relief 
agencies are only recently beginning to be able to provide assistance 
to those rendered vulnerable by the destruction of civilian property. 
It was only in April 2022, for example, that UNHCR became the first 
U.N. agency to gain access to Kayah state, at which time they began to 
distribute relief supplies, including supplies related to shelter, food 
and sanitation, to persons in need, including internally displaced 
persons and returnees.\32\ Lack of resources, strong storms and heavy 
rain, and access and movement restrictions limit the U.N. and its 
partners from providing assistance to all of those in need.\33\ As of 
September 2022, only 50 percent (3.1 million people) of those targeted 
for relief in the U.N.'s 2022 Humanitarian Response Plan (6.2 million 
people) had been reached with humanitarian assistance.\34\
---------------------------------------------------------------------------

    \30\ Myanmar Humanitarian Update No. 18, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 8, 
available at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022 (last visited Jun. 8, 2022).
    \31\ Myanmar Humanitarian Update No. 18, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 9, 
available at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022 (last visited Jun. 8, 2022).
    \32\ Myanmar Humanitarian Update No. 18, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 3, 
available at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022 (last visited Jun. 8, 2022).
    \33\ Myanmar Humanitarian Update No. 18, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 2., 
available at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022 (last visited Jun. 8, 2022).
    \34\ Myanmar Humanitarian Update No. 21, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), September 2, 2022, 
available at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-21-2-september-2022 (last visited Sep. 14, 
2022).
---------------------------------------------------------------------------

    The ongoing violence and the resulting displacement in Burma have 
caused major vulnerabilities related to (1) shelter, (2) food security 
and nutrition, (3) water, sanitation and hygiene (WASH), (4) health, 
and (5) education.\35\ Lack of personnel, facilities, and supplies is 
contributing to a ``worsening of maternal and child health outcomes,'' 
as well as to ``poor emergency care'' for pregnant women, victims of 
fighting, and persons with other related and unrelated injuries, all of 
which is anticipated to result in increased numbers of avoidable 
deaths.\36\
---------------------------------------------------------------------------

    \35\ Myanmar Humanitarian Update No. 18, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, available 
at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022 (last visited Jun. 8, 2022).
    \36\ Myanmar Humanitarian Update No. 18, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 8-9, 
available at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022 (last visited Jun. 8, 2022).
---------------------------------------------------------------------------

    The coup and the ensuing protests repudiating it by the Burmese 
(within and outside of Burma) have deteriorated Burma's economic 
conditions, worsening the humanitarian crisis. The Burmese currency, 
the kyat, has experienced extreme volatility since the coup, as Burma's 
economy shrank by 18% in the year leading up to September 2021.\37\ 
Critical services such as banking, telecommunications, health, and 
education were disrupted, and economic sanctions that had been lifted 
as Burma had transitioned toward democracy were reimposed.\38\ 
Increasing commodity prices, particularly for food and fuel, are 
causing distress for thousands of people across the country. In 
addition to affecting Burmese people's purchasing power for essential 
items such as food, rising prices are beginning to affect the

[[Page 58520]]

work of relief agencies, particularly those supplying food and 
shelter.\39\
---------------------------------------------------------------------------

    \37\ Myanmar Central Bank Orders Government Agencies to Stop 
Using Foreign Currencies, The Diplomat, May 27, 2022, available at: 
https://thediplomat.com/2022/05/myanmar-central-bank-orders-government-agencies-to-stop-using-foreign-currencies/ (last visited 
May 31, 2022).
    \38\ Myanmar Central Bank Orders Government Agencies to Stop 
Using Foreign Currencies, The Diplomat, May 27, 2022, available at: 
https://thediplomat.com/2022/05/myanmar-central-bank-orders-government-agencies-to-stop-using-foreign-currencies/ (last visited 
May 31, 2022).
    \39\ Myanmar Humanitarian Update No. 18, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 2, 7-
8, 14, available at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022 (last visited Jun. 8, 2022).
---------------------------------------------------------------------------

    In summary, more than a year after the Burmese military perpetrated 
a coup, human rights violations and abuses including sexual violence, 
disappearances, excessive use of force, and killings are occurring in 
most parts of the country. As a result, more than 974,000 people are 
currently internally displaced throughout the country, while more than 
45,500 remain in neighboring countries after fleeing since the coup. 
Burma was economically vulnerable when the coup took place, but has 
since ``suffered further economic decline, with mass job losses, 
business closures and the weakening of the [country's] currency, which 
has affected households across the country.'' \40\ As a result, major 
vulnerabilities related to shelter, food security, human trafficking 
risks, and the country's economy have arisen as Burmese families have 
lost on average more than half of their income since the February 2021.
---------------------------------------------------------------------------

    \40\ Families in Myanmar lose more than half their income in 
year of conflict, says Save the Children, Jul. 28, 2022, available 
at: https://reliefweb.int/report/myanmar/families-myanmar-lose-more-half-their-income-year-conflict-says-save-children (last visited 
Aug. 12, 2022).
---------------------------------------------------------------------------

    Based upon this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Burma's designation for TPS 
continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C. 
1254a(b)(3)(A) and (C).
     There continue to be extraordinary and temporary 
conditions in Burma that prevent Burmese nationals (or individuals 
having no nationality who last habitually resided in Burma) from 
returning to Burma in safety, and it is not contrary to the national 
interest of the United States to permit Burmese 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 Burma for TPS should be extended for an 
18-month period, from November 26, 2022, through May 25, 2024. See INA 
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Due to the conditions described above, Burma should be 
simultaneously redesignated for TPS effective November 26, 2022, 
through May 25, 2024. See section 244(b)(1)(A) and (C) and (b)(2) of 
the Act, 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
     The Secretary has determined that TPS applicants must 
demonstrate that they have continuously resided in the United States 
since September 25, 2022.
     Initial TPS applicants under the redesignation must 
demonstrate that they have been continuously physically present in the 
United States since November 26, 2022, the effective date of the 
redesignation of Burma for TPS.
     It is estimated that approximately 2,290 additional 
individuals may be eligible for TPS under the redesignation of Burma. 
This population includes Burmese nationals who have entered the United 
States since March 11, 2021, who are in nonimmigrant status or without 
immigration status.

Notice of the Designation of Burma 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 Burma's designation for TPS on the basis of extraordinary 
and temporary conditions are met. See INA section 244(b)(1)(C), 8 
U.S.C. 1254a(b)(1)(C). On the basis of this determination, I am 
simultaneously extending the existing designation of TPS for Burma for 
18 months, from November 26, 2022, through May 25, 2024, and 
redesignating Burma for TPS for the same 18-month period. 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 Burma, you must 
submit a Form I-821, Application for Temporary Protected Status, and 
pay the filing fee (or request a fee waiver, which you may submit on 
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.
    TPS beneficiaries are authorized to work in the United States. 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.
    Individuals who have a Burma TPS application (Form I-821) that was 
still pending as of September 27, 2022 do not need to file the 
application again. If USCIS approves an individual's Form I-821, USCIS 
will grant the individual TPS through May 25, 2024.
    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)?

    Every employee must provide their employer with documentation 
showing that they have the legal right to work in the United States. 
TPS beneficiaries are eligible for an EAD, which proves their legal 
right to work. Those 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, which you may submit on 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. Beneficiaries with a Burmese TPS-
related Form I-765 application that was still pending as of September 
27, 2022 do not need to file the application again. If USCIS approves a 
pending TPS-related Form I-765, USCIS will issue the individual a new 
EAD that will be valid through May 25, 2024.

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 May 25, 2024. You may also 
file for your 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 Burma'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

[[Page 58521]]

online.\41\ To file these forms online, you must first create a USCIS 
online account.\42\
---------------------------------------------------------------------------

    \41\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \42\ 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 using the U.S. Postal       USCIS, Attn: TPS Burma, P.O. Box
 Service (USPS).                     6943, Chicago, IL 60680-6943.
You are using FedEx, UPS, or DHL..  USCIS, Attn: TPS Burma (Box 6943),
                                     131 S Dearborn 3rd Floor, Chicago,
                                     IL 60603-5517.
------------------------------------------------------------------------

    If you were granted TPS by an immigration judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD, 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 ``Burma.''

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): You      0867.
 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: You must include a   400, Lewisville, TX 75067.
 copy of the receipt notice (Form I-
 797C) showing we accepted or approved
 your Form I-821.
------------------------------------------------------------------------

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).

Am I eligible to receive an automatic extension of my current EAD 
through November 25, 2023, using this Federal Register notice?

    Yes. Regardless of your country of birth, provided that you 
currently have

[[Page 58522]]

a Burma TPS-based EAD that has the notation A-12 or C-19 under Category 
and a ``Card Expires'' date of November 25, 2022, this Federal Register 
notice automatically extends your EAD through November 25, 2023. 
Although this Federal Register notice automatically extends your EAD 
through November 25, 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 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 November 25, 2022, it has been extended 
automatically by virtue of this Federal Register notice and you may 
choose to present your EAD to your employer as proof of identity and 
employment eligibility for Form I-9 through November 25, 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 Burma 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 November 25, 2023, but you are not required 
to do so. The last day of the automatic EAD extension is November 25, 
2023. Before you start work on November 26, 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 May 25, 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 Burmese 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 Burmese citizenship or proof of 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 November 26, 2023:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter November 
25, 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 November 25, 
2022;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write November 25, 2023, as the expiration date.
    Before the start of work on November 26, 2023, employers must 
reverify the employee's employment authorization on Form I-9.

[[Page 58523]]

What updates should my current employer make to Form I-9 if my EAD has 
been automatically extended?

    If you presented a PTS-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 
November 25, 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 November 25, 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 November 26, 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 Novemer 25, 
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 EAD when they first started working for you, you will 
receive a ``Work Authorization Documents Expiring'' case alert when the 
auto-extension period for this EAD is about to expire. Before this 
employee starts work on November 26, 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 A-12 or C-19, 
even if your country of birth noted on the EAD does not reflect the TPS 
designated country of Burma;

[[Page 58524]]

     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. Regardless of the TPS-related 
document you present, it may assist the agency if you:
    a. Present the agency with a copy of the relevant Federal Register 
notice listing the TPS-related document, including any applicable auto-
extension of the document, along with 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 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. 2022-20784 Filed 9-26-22; 8:45 am]
BILLING CODE 9111-97-P