[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Notices]
[Pages 76074-76081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26880]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2706-21; DHS Docket No. USCIS-2022-0014]
RIN 1615-ZB96
Designation of Ethiopia for Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) designation.
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[[Page 76075]]
SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
designating Ethiopia for Temporary Protected Status (TPS) for 18
months, beginning on December 12, 2022 and ending on Wednesday, June
12, 2024. This designation allows Ethiopian nationals (and individuals
having no nationality who last habitually resided in Ethiopia) who have
continuously resided in the United States since October 20, 2022, and
who have been continuously physically present in the United States
since December 12, 2022 to apply for TPS.
DATES:
Designation of Ethiopia for TPS: The 18-month designation of
Ethiopia for TPS begins on December 12, 2022 and will remain in effect
for 18 months, ending Wednesday, June 12, 2024.
Registration: The registration period for individuals to submit TPS
applications under the designation of Ethiopia for TPS begins on
December 12, 2022 and will remain in effect through Wednesday, June 12,
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 https://www.uscis.gov/tps. You can find
specific information about Ethiopia's TPS designation by selecting
``Ethiopia'' from the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit https://uscis.gov/tools. Our online virtual assistant, Emma, can answer many of
your questions and point you to additional information on our website.
If you are unable to find your answers there, you may also call our
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their individual
cases may check Case Status Online, available on the USCIS website at
https://uscis.gov, or visit the USCIS Contact Center at https://www.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-131--Application for Travel Document
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
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 Ethiopia (or individuals having no nationality who last
habitually resided in Ethiopia) to submit an initial registration
application under the designation and apply for an Employment
Authorization Document (EAD).
Under this designation, individuals may submit an initial
application during the initial registration period that runs from
December 12, 2022 and runs through the full length of the designation
period ending Wednesday, June 12, 2024.\1\ In addition to demonstrating
continuous residence in the United States since October 20, 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 December 12, 2022,\2\ the
effective date of this designation of Ethiopia, before USCIS may grant
them TPS. DHS estimates that approximately 26,730 individuals may
become eligible for TPS under the designation of Ethiopia.
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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 INA Sec. 244(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 exercised his discretion to provide for a TPS initial
registration period that coincides with the full period of
Ethiopia's designation.
\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); Id. Sec. Sec. 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 DHS discretion.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA sections 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.
What authority does the Secretary have to designate Ethiopia 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
[[Page 76076]]
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 Sec. 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 Sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\3\ INA Sec. 244(b)(1) assigns 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).
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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 Sec.
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 Sec.
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
Sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why was Ethiopia designated for TPS?
DHS has reviewed country conditions in Ethiopia. Based on this
review, including input received from Department of State (DOS) and
other U.S. Government agencies, the Secretary has determined that an
18-month TPS designation is warranted because ongoing armed conflict
and extraordinary and temporary conditions support Ethiopia's TPS
designation.
Overview
Ethiopia faces armed conflict in multiple regions of the country
resulting in large-scale displacement. In addition, Ethiopia has been
experiencing severe climatic shocks exacerbating humanitarian concerns
over access to food, water, and healthcare.
Ethiopia's civil war began in November 2020, when a constitutional
dispute between Tigray and federal leaders escalated into conflict amid
a prolonged power struggle.\5\ Since then, Ethiopian forces and their
allies have been accused of pillaging and targeting homes and civilian
infrastructure including businesses, hospitals, banks, livestock, and
harvests. Tigrayan forces have been accused of these same actions in
other regions.\6\ By July 2021, the conflict had spread to Tigray's
neighboring regions of Afar and Amhara.\7\ Human rights abuses by all
parties to the conflict have been reported, including killings,
torture, gender-based violence, arbitrary or unjust detentions, and
there have also been potential human trafficking crimes.\8\ On March
24, 2022, the Ethiopian federal government declared a humanitarian
truce, which the Tigray forces reciprocated.
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\5\ International Crisis Group, Avoiding the Abyss as War
Resumes in Northern Ethiopia (Sept. 7, 2022), https://www.crisisgroup.org/africa/horn-africa/ethiopia/avoiding-abyss-war-resumes-northern-ethiopia.
\6\ Human Rights Watch (HRW), Confronting Ethiopia's Abusive
Siege (Sept. 2, 2022), https://www.hrw.org/the-day-in-human-rights/2022/09/02.
\7\ HRW, Ethiopia's Other Conflict (July 4, 2022), https://www.hrw.org/news/2022/07/04/ethiopias-other-conflict.
\8\ Id. Also, Department of State, 2022 Trafficking in Persons
Report (July 19, 2022), https://www.state.gov/reports/2022-trafficking-in-persons-report/.
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With the exception of some limited clashes and shelling incidents,
the humanitarian truce held, and the violence drastically decreased.\9\
Humanitarian convoy movements to Tigray resumed on April 1, 2022 and
continued until August 2022.\10\ On August 24, 2022, a resumption of
hostilities marked the breach of the five-month truce.\11\ On September
1, 2022, Tigray authorities stated that the Ethiopian and Eritrean
forces had launched major offensives into the northwestern Tigray
region.\12\ In an African Union-led process, the Government of Ethiopia
and the TPLF signed a cessation of hostilities agreement on November 2,
2022.\13\ While this agreement is an important initial step in curbing
violence in northern Ethiopia, it does not address violence in other
parts of Ethiopia, and--as of early November 2022--there remains
significant humanitarian suffering as a result of the two-year
conflict.\14\
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\9\ Id.
\10\ UN Office for the Coordination of Humanitarian Affairs,
Ethiopia--Situation Report, 05 Aug 2022 (July 22, 2022), https://reliefweb.int/report/ethiopia/ethiopia-situation-report-05-aug-2022.
\11\ International Crisis Group, Avoiding the Abyss as War
Resumes in Northern Ethiopia (Sept. 7, 2022), https://www.crisisgroup.org/africa/horn-africa/ethiopia/avoiding-abyss-war-resumes-northern-ethiopia.
\12\ Id.
\13\ UN News, Ethiopia: Peace agreement between Government and
Tigray 'a critical first step': Guterres, Nov. 2, 2022, available at
https://news.un.org/en/story/2022/11/1130137 (last accessed Nov. 17,
2022).
\14\ Cecelia Macaulay and Anne Soy, BBC News, Ethiopia's Tigray
conflict: Truce agreed, Nov. 2, 2022, available at https://www.bbc.com/news/world-africa-63490546 (last accessed Nov. 17,
2022).
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Insurgencies are ongoing in Oromia, Benshangul-Gumuz and Gambella
regions of Ethiopia.\15\ Since 2019, Ethiopian government forces and
the Oromo Liberation Army (OLA),\16\ also known as the OLF-Shane/Shene,
have engaged in clashes in western Oromia. This fighting has resulted
in allegations of serious human rights abuses. Government forces have
been accused of extrajudicial killings and arbitrary arrests and
detentions of Oromos and have at times cut communications in the area.
The OLA has been accused of killing government officials and attacking
non-military government offices.\17\ Deepening insurgencies have also
led to increased violence reportedly targeting civilians. This is
particularly evident in Oromia. On June 18, 2022, over 330 Amhara
civilians were reportedly killed by suspected OLA gunmen in Oromia.\18\
Armed Conflict
[[Page 76077]]
Location and Event Data Project (ACLED) data indicate that over 230
alleged incidents of civilians being targeted were reported in Ethiopia
during the first six months of 2022. This reportedly resulted in more
than 1,220 fatalities, with over 810 of these fatalities (66%)
occurring in Oromia.\19\
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\15\ ACLED, Multiple Complications Threaten to Result in a
Dangerous Re-escalation (Aug. 15, 2022), https://acleddata.com/10-conflicts-to-worry-about-in-2022/ethiopia/mid-year-update/.
\16\ In September 2018, leaders of a formerly exiled opposition
group, the Oromo Liberation Front (OLF), returned to Ethiopia with
the support of Prime Minister Abiy's government. However, since the
OLF's return, the Ethiopian government has been engaged in conflict
with ``armed groups associated with it in western Oromia.'' The
Oromo Liberation Army (OLA), also known as the OLF-Shane/Shene
faction, is an armed group that splintered from the OLF. See Canada:
Immigration and Refugee Board of Canada, Ethiopia: The Oromo
Liberation Front (OLF), including origin, mandate, leadership,
structure, legal status, and membership; treatment of members and
supporters by authorities (2014-2015) (May 7, 2015), https://www.refworld.org/docid/5696030f4.html.
\17\ HRW, Ethiopia: Civilians in Western Oromia Left Unprotected
(Aug. 31, 2022), https://www.hrw.org/news/2022/08/31/ethiopia-civilians-western-oromia-left-unprotected.
\18\ ACLED, Multiple Complications Threaten to Result in a
Dangerous Re-escalation (Aug. 15, 2022), https://acleddata.com/10-conflicts-to-worry-about-in-2022/ethiopia/mid-year-update/.
\19\ Id.
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Violence in Ethiopia has caused many to flee their homes and has
exacerbated existing humanitarian concerns regarding access to food,
water, and healthcare. The United Nations Office of Humanitarian
Affairs (UNOCHA) noted that regional violence remained a critical
concern across Ethiopia, from Benishangul-Gumuz to Oromia to
Tigray.\20\ In the Amhara region, ongoing violence also remains
unabated throughout the region, and along its regional borders with
Benishangul-Gumuz, Oromia, and Tigray, resulting in displacement.\21\ A
September 2022 UNOCHA report stated: ``more than 20 million people
affected by violence as well as climatic shocks . . . require
humanitarian assistance and protection services until the end of
2022.'' \22\ In July 2022, the UN Children's Fund (UNICEF) estimated
that 29.7 million people are in need of humanitarian assistance,
including access to food, water, and health services, in Ethiopia.
UNICEF also estimated that there were 2.75 million internally displaced
persons (IDPs) in Ethiopia.\23\ In addition, the UN High Commissioner
for Refugees (UNHCR) estimated that there are more than 59,500
Ethiopian refugees in eastern Sudan who have fled violence in
Ethiopia.\24\
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\20\ UNOCHA, Humanitarian Needs Overview- Ethiopia, February 21,
2021, pg. 20, https://www.acaps.org/sites/acaps/files/key-documents/files/ethiopia_2021_humanitarian_needs_overview-compressed.pdf.
\21\ UNOCHA, Ethiopia: Humanitarian Access Snapshot (January-
June 2021), July 30, 2021, https://reliefweb.int/report/ethiopia/ethiopia-humanitarian-access-snapshot-january-june-2021.
\22\ UNOCHA, Ethiopia Situation Overview (Sept. 7, 2022),
https://reports.unocha.org/en/country/ethiopia/card/5EhBh4Xf5z/.
\23\ UNICEF, Ethiopia Humanitarian Situation Report No. 7 (July
2022), https://www.unicef.org/media/126921/file/Ethiopia%20Humanitarian%20Situation%20Report%20No.%207,%20July%202022.pdf.
\24\ UNOCHA, Sudan: East Sudan (Kassala & Gedaref) & Blue Nile
States--Ethiopian Emergency Situation Update (as of 31 August 2022),
(Sept. 14, 2022), https://reliefweb.int/report/sudan/sudan-east-sudan-kassala-gedaref-blue-nile-states-ethiopian-emergency-situation-update-31-august-2022.
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Ethiopia faces massive displacement of persons due to armed
conflict, intercommunal violence, natural disasters, and impacts of
climate change.\25\ Since June 2020, more than 120,000 people have been
displaced due to insecurity in the Benishangul-Gumuz region.\26\ In the
Tigray region, over 2 million people [out of a population of 6
million],\27\ have been displaced due to the ongoing conflict between
the Ethiopian government and TPLF.\28\
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\25\ UNOCHA, Response to Internal Displacement in Ethiopia Fact
Sheet--January to March 2022, (May 19, 2022), https://reliefweb.int/report/ethiopia/response-internal-displacement-ethiopia-fact-sheet-january-march-2022 (Sept. 22, 2022).
\26\ UNOCHA, Humanitarian Needs Overview--Ethiopia, February 21,
2021, pg. 20, https://www.acaps.org/sites/acaps/files/key-documents/files/ethiopia_2021_humanitarian_needs_overview-compressed.pdf.
\27\ UNOCHA, Ethiopia: Humanitarian Access Snapshot (January-
June 2021), July 30, 2021, https://reliefweb.int/report/ethiopia/ethiopia-humanitarian-access-snapshot-january-june-2021.
\28\ Id.
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An August 2022 report by the UN Food and Agriculture Organization
(FAO) stated that, in 2022, 20.4 million people are estimated to be
severely food insecure, which is 2.4 million more than in 2021.\29\ In
the Tigray region alone, almost 5.3 million people are estimated to be
severely food insecure, according to the same report.\30\ A September
2022 UNOCHA report stated that 9.9 million people required food
assistance and 2.9 million children and pregnant and lactating women
required nutrition interventions until the end of 2022.\31\ It further
stated that ``the level of water scarcity is alarming for both
livestock and human consumption.'' \32\
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\29\ Food and Agriculture Organization of the United Nations
(FAO), GIEWS--Global Information and Early Warning System, Country
Briefs, Ethiopia (Aug. 24, 2022), https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en.
\30\ UN FAO, GIEWS--Global Information and Early Warning System,
Country Briefs, Ethiopia (Aug. 24, 2022), https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en.
\31\ UNOCHA, Ethiopia Drought Response July-December 2022
(Revised) (Sept. 8, 2022), https://reliefweb.int/report/ethiopia/ethiopia-drought-response-july-december-2022-revised.
\32\ Id.
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Sporadic measles outbreaks and seasonal malaria cases have
increased in Southern Nations Nationalities and People's region,
Southwest Ethiopia People's region (SWEPR) and Sidama region, following
the rainy season.\33\ Over 60 cases of measles and 56,000 cases of
malaria were reported in July 2022.\34\ Areas experiencing conflict
have seen their local healthcare systems severely damaged and
diminished. A July 2022 World Health Organization (WHO) report stated
that in the Tigray region, just 22% of health facilities were fully
functioning, with 75% only partially functioning, and 3% not
functioning at all.\35\ A June 2022 Doctors Without Borders report
stated that only 20% of health facilities in the Afar region were
reportedly functioning, ``as many are damaged, destroyed, abandoned or
without resources.'' \36\ As of July 2022, only 23.3% of the Ethiopia's
population was fully vaccinated against COVID-19.\37\
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\33\ UNICEF, Ethiopia Humanitarian Situation Report No. 7 (July
2022), https://www.unicef.org/media/126921/file/Ethiopia%20Humanitarian%20Situation%20Report%20No.%207,%20July%202022.pdf.
\34\ Id.
\35\ WHO, Situation Report: Greater Horn of Africa Drought and
Food Insecurity Grade 3 Emergency (July 29, 2022), https://cdn.who.int/media/docs/default-source/documents/emergencies/who_ghoa_sitrep_2022-08-08.pdf?sfvrsn=dbdfc8b0_3&download=true.
\36\ Doctors Without Borders, Conflict and brought spark a
deadly malnutrition crisis in Ethiopia's Afar region (June 9, 2022),
https://www.doctorswithoutborders.org/latest/conflict-and-drought-spark-deadly-malnutrition-crisis-ethiopias-afar-region.
\37\ Reuters, COVID-19 Tracker: Ethiopia (July 15, 2022),
https://graphics.reuters.com/world-coronavirus-tracker-and-maps/countries-and-territories/ethiopia/.
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Ethiopia has been experiencing climate-induced shocks--primarily
drought and floods--that have generated further displacement across the
country and exacerbated humanitarian concerns. Since late 2020,
Ethiopia has been experiencing one of the most severe droughts in the
last forty years.\38\ An August 2022 U.S. Agency for International
Development (USAID) report stated that: ``the likelihood of a fifth
consecutive poor rainy season in 2022 has significantly increased
concern. . .that already high levels of acute food insecurity and
malnutrition in southern and southeastern Ethiopia will continue
through at least the first half of 2023.'' \39\ Drought conditions have
resulted in widespread death of livestock, a key source of food, milk,
and income for pastoralists.\40\ Between March and April 2022, the
International Organization for Migration (IOM) recorded 20% of all IDPs
citing drought as the primary cause of displacement.\41\ In April 2022,
7.2 million people in Ethiopia were in need of food assistance due to
severe drought.\42\ Additionally, in 2022, heavy rains from early
August to October caused flooding that displaced at least 185,200
people and affected an additional 79,631 people.\43\
[[Page 76078]]
``Assessments also revealed that 72 per cent of cropland was damaged
(mostly the staple maize).'' \44\
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\38\ UNOCHA, Ethiopia: Drought Update No. 4, June 2022 (June 3,
2022), https://reliefweb.int/report/ethiopia/ethiopia-drought-update-no-4-june-2022.
\39\ USAID, Horn of Africa--Complex Emergency (Aug. 19, 2022),
https://www.usaid.gov/sites/default/files/documents/2022-08-19_USG_Horn_of_Africa_Complex_Emergency_Fact_Sheet_2.pdf.
\40\ Id.
\41\ Id.
\42\ World Food Program, Regional Drought Response Plan for the
Horn of Africa May-December 2022 (July 1, 2022), https://docs.wfp.org/api/documents/WFP-0000140899/download/.
\43\ UNOCHA, Ethiopia: Gambella Region Flood Update (As of 21
October 2022), (October 24, 2022), https://reliefweb.int/report/
ethiopia/ethiopia-gambella-region-flood-update-21-october-
2022#:~:text=In%202022%2C%20heavy%20rains%20from,(15%2C927%20househol
ds)%20were%20affected.
\44\ Id.
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In addition to violence and climatic shocks, Ethiopia is facing
economic pressure, exacerbated by the ongoing armed conflict.\45\
Annual inflation remains high, driven by rising food and fuel costs,
which puts pressure on households' ability to access market foods.
Ethiopia is experiencing insufficient foreign currency reserves and the
continuous depreciation of the national currency, the Ethiopian
birr.\46\ Annual inflation in July 2022 was at 33.5%, down slightly
from June 2022.\47\
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\45\ Vivienne Nunis, BBC News, Ethiopia's economy battered by
Tigray war, Aug. 30, 2021, available at https://www.bbc.com/news/world-africa-58319977 (last accessed Nov. 17, 2022); AP News,
Ethiopia's economy struggles as war reignites in Tigray, Sept. 13,
2022, available at https://apnews.com/article/africa-economy-government-spending-kenya-826141a7a692574d9609462d2549bffb (last
accessed Nov. 17, 2022).
\46\ Food and Agriculture Organization of the United Nations
(FAO), GIEWS--Global Information and Early Warning System, Country
Briefs, Ethiopia (Aug. 24, 2022), https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en.
\47\ Famine Early Warning Systems Network (FEWS NET), There is
the potential for extreme food insecurity in conflict and drought-
affected areas of Ethiopia (July 2022), https://fews.net/east-africa/ethiopia/key-message-update/july-2022.
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In summary, Ethiopia is experiencing ongoing armed conflict in
multiple regions of the country as well as extraordinary and temporary
conditions resulting from drought, flooding, food insecurity,
displacement of persons, and other humanitarian concerns.
Notice of the Designation of Ethiopia 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 Ethiopia's designation for TPS on the basis of ongoing armed
conflict and extraordinary and temporary conditions are met. See INA
Sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) and 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C). I estimate up to approximately 26,730 individuals may
be eligible for TPS under the designation of Ethiopia. On the basis of
this determination, I am designating Ethiopia for TPS for 18 months,
beginning on December 12, 2022 and ending on Wednesday, June 12, 2024.
See INA Sec. 244(b)(1) and (b)(2); 8 U.S.C. 1254a(b)(1), 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 Ethiopia, you must
submit 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 eligible for an EAD, which proves their
authorization to work in the United States. You are not required to
submit Form I-765, Application for Employment Authorization, or have an
EAD to be granted TPS, but see below for more information if you want
an EAD to use as proof that you can work in the United States.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at https://www.uscis.gov/tps. Fees
for the Form I-821, the Form I-765, and biometric services are also
described in 8 CFR 106.
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.
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 ends on June 12, 2024. Meanwhile, Form I-765
EAD applications with fee payment may be filed at the same time as your
TPS application or at any later date you decide you want to request an
EAD during the designation period, which ends on Wednesday, June 12,
2024.
Filing Information
USCIS offers the option to applicants for TPS under Ethiopia'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 with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing online.\48\ To file these forms online, you must first create a
USCIS online account.\49\
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\48\ Find information about online filing at ``Forms Available
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
\49\ https://myaccount.uscis.gov/users/sign_up.
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Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Form I-821, Application for Temporary Protected
Status and Form I-765, Application for Employment Authorization, Form
I-912, Request for Fee Waiver, if applicable, and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are using the U.S. Postal Service USCIS, Attn: TPS Ethiopia, P.O.
(USPS). Box 8635, Chicago, IL 60680-
8635.
[[Page 76079]]
You are using FedEx, UPS, or DHL....... USCIS, Attn: TPS Ethiopia (Box
8635), 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 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 https://www.uscis.gov/tps under ``Ethiopia.''
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 https://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 https://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 biometric screening process,
please see the USCIS Customer Profile Management Service Privacy Impact
Assessment, available at https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms.
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 https://www.uscis.gov, or visit the USCIS Contact Center at
https://www.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 https://egov.uscis.gov/e-request/Intro.do or call the USCIS Contact Center at 800-375-5283 (TTY
800-767-1833).
When I am 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 https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the identity and
employment authorization of all new employees. Within three days of
hire, employees must present acceptable documents to their employers as
evidence of identity and employment authorization to satisfy Form I-9
requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of
[[Page 76080]]
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 https://www.uscis.gov/I-9Central. An EAD is an acceptable document under List
A.
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, regardless of whether you have an EAD or work authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through June 12, 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 Ethiopian citizenship or a Form I-
797 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 Ethiopian citizenship or proof of registration for
TPS when completing Form I-9 for new hires or reverifying the
employment authorization of current employees. Refer to the ``Note to
Employees'' section of this Federal Register notice for important
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not 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'' (mismatch) must
promptly inform employees of the mismatch and give such employees an
opportunity to take action to resolve the mismatch. A mismatch 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
mismatch 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 https://www.justice.gov/crt/immigrant-and-employee-rights-section and the USCIS and E-Verify
websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, individuals approved for TPS may show their
Form I-797, Notice of Action, indicating approval of their Form I-821
application, or EAD with category code of their A-12 or C-19 EAD to
prove that they have TPS. However, while Federal Government agencies
must follow the guidelines laid out by the Federal Government, State
and local government agencies establish their own rules and guidelines
when granting certain benefits. Each state may have different laws,
requirements, and determinations about what documents you need to
provide to prove eligibility for certain benefits. Whether you are
applying for a Federal, State, or local government benefit, you may
need to provide the government agency with documents that show you are
a TPS beneficiary, show you are authorized to work based on TPS or
other status, or that may be used by DHS to determine if you have TPS
or another immigration status. Examples of such documents are:
Your new 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 Ethiopia;
Your Form I-94, Arrival/Departure Record;
Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
Your Form I-797 or Form I-797C, Notice of Action,
reflecting approval or receipt of a current Form I-821, if you received
one from USCIS.
Check with the government agency requesting documentation regarding
which document(s) the agency will accept. Some State and local
government agencies use the SAVE program to confirm the current
immigration status of applicants for public benefits.
[[Page 76081]]
SAVE can verify when an individual has TPS based on the documents
above. In most cases, SAVE provides an automated electronic response to
benefit-granting agencies within seconds, but occasionally verification
can be delayed.
You can check the status of your SAVE verification by using
CaseCheck at https://www.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, https://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. 2022-26880 Filed 12-9-22; 8:45 am]
BILLING CODE 9111-97-P