[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⟨=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⟨=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⟨=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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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