[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15434-15443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04735]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2738-22; DHS Docket No. USCIS-2013-0006]
RIN 1615-ZB77


Extension and Redesignation of Somalia for Temporary Protected 
Status

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

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

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SUMMARY: Through this notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Somalia for Temporary Protected Status 
(TPS) for 18 months, beginning on March 18, 2023, and ending on 
September 17, 2024. This extension allows existing TPS beneficiaries to 
retain TPS through September 17, 2024, so long as they otherwise 
continue to meet the eligibility requirements for TPS. Existing TPS 
beneficiaries who wish to extend their status through September 17, 
2024, must re-register during the 60-day re-registration period 
described in this notice. The Secretary is also redesignating Somalia 
for TPS. The redesignation of Somalia allows additional Somali 
nationals (and individuals having no nationality who last habitually 
resided in Somalia) who have been continuously residing in the United 
States since January 11, 2023, to apply for TPS for the first time 
during the initial registration period described under the 
redesignation information in this notice. In addition to demonstrating 
continuous residence in the United States since January 11, 2023, and 
meeting other eligibility criteria, applicants for TPS under this 
designation must demonstrate that they have been continuously 
physically present in the United States since March 18, 2023, the 
effective date of this redesignation of Somalia for TPS.

DATES: 
    Extension of Designation of Somalia for TPS: The 18-month 
designation of Somalia for TPS begins on March 18, 2023, and will 
remain in effect for 18 months, ending on September 17, 2024. The 
extension impacts existing beneficiaries of TPS.
    Re-Registration: The 60-day re-registration period for existing 
beneficiaries runs from March 13, 2023 through May 12, 2023. (Note: It 
is important for re-registrants to timely re-register during the 
registration period and not to wait until their Employment 
Authorization Documents (EADs) expire, as delaying re-registration 
could result in gaps in their employment authorization documentation.)
    Redesignation of Somalia for TPS: The 18-month redesignation of 
Somalia for TPS begins on March 18, 2023, and will remain in effect for 
18 months, ending on September 17, 2024. The redesignation impacts 
potential first-time applicants and others who do not currently have 
TPS.
    First-Time Registration: The initial registration period for new 
applicants under the Somalia TPS redesignation begins on March 13, 2023 
and will remain in effect through September 17, 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 Somalia's TPS designation by selecting 
``Somalia'' from the menu on the left side of the TPS web page.
    If you have additional questions about TPS, please visit uscis.gov/tools. Our online virtual assistant, Emma, can answer many of your 
questions and point you to additional information on

[[Page 15435]]

our website. If you are unable to find your answers there, you may also 
call our USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
    Applicants seeking information about the status of their individual 
cases may check Case Status Online, available on the USCIS website at 
uscis.gov, or visit the USCIS Contact Center at 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 Somalia (or individuals having no nationality who last 
habitually resided in Somalia) to (1) re-register for TPS and to apply 
for renewal of their EADs with USCIS or (2) submit an initial 
registration application under the redesignation and apply for an EAD.
    Re-registration is limited to individuals who have previously 
registered for TPS under the prior designation of Somalia and whose 
applications have been granted. Failure to re-register properly within 
the 60-day re-registration period may result in the withdrawal of your 
TPS following appropriate procedures. See 8 CFR 244.14.
    For individuals who have already been granted TPS under Somalia's 
designation, the 60-day re-registration period runs from March 13, 2023 
through May 12, 2023. USCIS will issue new EADs with a September 17, 
2024 expiration date to eligible Somali TPS beneficiaries who timely 
re-register and apply for EADs. Given the time frames involved with 
processing TPS re-registration applications, DHS recognizes that not 
all re-registrants may receive new EADs before their current EADs 
expire. Accordingly, through this Federal Register notice, DHS 
automatically extends the validity of certain EADs previously issued 
under the TPS designation of Somalia through March 17, 2024. Therefore, 
as proof of continued employment authorization through March 17, 2024, 
TPS beneficiaries can show their EADs that have the notation A12 or C19 
under Category and a ``Card Expires'' date of March 17, 2023, or 
September 17, 2021. This notice explains how TPS beneficiaries and 
their employers may determine which EADs are automatically extended and 
how this affects the Form I-9, Employment Eligibility Verification, E-
Verify, and USCIS Systematic Alien Verification for Entitlements (SAVE) 
processes.
    Individuals who have a Somalia TPS application (Form I-821) and/or 
Application for Employment Authorization (Form I-765) that was still 
pending as of March 13, 2023 do not need to file either application 
again. If USCIS approves an individual's pending Form I-821, USCIS will 
grant the individual TPS through September 17, 2024. Similarly, if 
USCIS approves a pending TPS-related Form I-765, USCIS will issue the 
individual a new EAD that will be valid through the same date. There 
are currently approximately 430 beneficiaries under Somalia's TPS 
designation.
    Under the redesignation, individuals who currently do not have TPS 
may submit an initial application during the initial registration 
period that runs from March 13, 2023 through the full length of the 
redesignation period, ending September 17, 2024.\1\ In addition to 
demonstrating continuous residence in the United States since January 
11, 2023, and meeting other eligibility criteria, initial applicants 
for TPS under this redesignation must demonstrate that they have been 
continuously physically present in the United States since March 18, 
2023,\2\ the effective date of this redesignation of Somalia, before 
USCIS may grant them TPS. DHS estimates that approximately 2,200 
individuals may become newly eligible for TPS under the redesignation 
of Somalia.
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    \1\ In general, individuals must be given an initial 
registration period of no less than 180 days to register for TPS, 
but the Secretary has discretion to provide for a longer 
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). In keeping 
with the humanitarian purpose of TPS and advancing the goal of 
ensuring ``the Federal Government eliminates . . . barriers that 
prevent immigrants from accessing government services available to 
them'' under Executive Order 14012, Restoring Faith in Our Legal 
Immigration Systems and Strengthening Integration and Inclusion 
Efforts for New Americans, 86 FR 8277 (Feb. 5, 2021), the Secretary 
has recently exercised his discretion to provide for TPS initial 
registration periods that coincide with the full period of a TPS 
country's initial designation or redesignation. See, e.g., 86 FR 
41863 (Aug. 3, 2021) (providing 18-mos. registration period under 
new TPS designation of Haiti); 86 FR 41986 (Aug. 4, 2021) 
(``Extension of Initial Registration Periods for New Temporary 
Protected Status Applicants Under the Designations for Venezuela, 
Syria and Burma). For the same reasons, the Secretary is similarly 
exercising his discretion to provide applicants under this TPS 
designation of Somalia with an 18-month initial registration period.
    \2\ The ``continuous physical presence date'' (CPP) is the 
effective date of the most recent TPS designation of the country, 
which is either the publication date of the designation announcement 
in the Federal Register or such later date as the Secretary may 
establish. The ``continuous residence date'' (CR) is any date 
established by the Secretary when a country is designated (or 
sometimes redesignated) for TPS. See INA sec. 244(b)(2)(A), 8 U.S.C. 
1254a(b)(2)(A) (effective date of designation); 244(c)(1)(A)(i-ii), 
8 U.S.C. 1252a(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 obtain EADs so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of DHS discretion.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA sec. 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

[[Page 15436]]

long as it is still valid beyond the date TPS terminates.

When was Somalia designated for TPS?

    Somalia was initially designated for TPS on September 16, 1991, on 
the basis of extraordinary and temporary conditions that prevented 
Somali nationals from safely returning. See Designation of Nationals of 
Somalia for Temporary Protected Status, 56 FR 46804 (Sept. 16, 1991). 
Somalia's designation for TPS has been consecutively extended since its 
initial designation. Additionally, Somalia was redesignated for TPS in 
2001, again based on extraordinary and temporary conditions. See 
Extension and Redesignation of Somalia under Temporary Protected Status 
Program, 66 FR 46288 (Sept. 4, 2001). In 2012 Somalia was again 
redesignated for TPS on the basis of extraordinary and temporary 
conditions and under the additional basis of ongoing armed conflict. 
See Extension and Redesignation of Somalia for Temporary Protected 
Status, 77 FR 25723 (May 1, 2012). Most recently, DHS extended and 
redesignated Somalia for 18 months, from September 18, 2021, through 
March 17, 2023, again on the basis of ongoing armed conflict and 
extraordinary and temporary conditions. See Extension and Redesignation 
of Somalia for Temporary Protected Status, 86 FR 38744 (July 22, 2021).

What authority does the Secretary have to extend the designation of 
Somalia for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government, to designate a foreign state (or part thereof) for TPS if 
the Secretary determines that certain country conditions exist.\3\ The 
decision to designate any foreign state (or part thereof) is a 
discretionary decision, and there is no judicial review of any 
determination with respect to the designation, termination, or 
extension of a designation. See INA 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) ascribes this power to the Attorney 
General. Congress transferred this authority from the Attorney 
General to the Secretary of Homeland Security. See Homeland Security 
Act of 2002, Public Law 107-296, 116 Stat. 2135. The Secretary may 
designate a country (or part of a country) for TPS on the basis of 
ongoing armed conflict such that returning would pose a serious 
threat to the personal safety of the country's nationals and 
habitual residents, environmental disaster (including an epidemic), 
or extraordinary and temporary conditions in the country that 
prevent the safe return of the country's nationals. For 
environmental disaster-based designations, certain other statutory 
requirements must be met, including that the foreign government must 
request TPS. A designation based on extraordinary and temporary 
conditions cannot be made if the Secretary finds that allowing the 
country's nationals to remain temporarily in the United States is 
contrary to the U.S. national interest. Id., at sec. 244(b)(1).
    \4\ This issue of judicial review is the subject of litigation. 
See, e.g., Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition for 
en banc rehearing filed Nov. 30, 2020 (No. 18-16981); Saget v. 
Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019).
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    At least 60 days before the expiration of a foreign state's TPS 
designation or extension, the Secretary, after consultation with 
appropriate U.S. Government agencies, must review the conditions in the 
foreign state designated for TPS to determine whether they continue to 
meet the conditions for the TPS designation. See INA 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).

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

    In addition to extending an existing TPS designation, the 
Secretary, after consultation with appropriate Government agencies, may 
redesignate a country (or part thereof) for TPS. See INA sec. 
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA sec. 244(c)(1)(A)(i), 8 
U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been 
continuously physically present since the effective date of the most 
recent designation of the state'') (emphasis added).\5\
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    \5\ The extension and redesignation of TPS for Somalia is one of 
several instances in which the Secretary and, prior to the 
establishment of DHS, the Attorney General, have simultaneously 
extended a country's TPS designation and redesignated the country 
for TPS. See, e.g., Extension and Redesignation of Haiti for 
Temporary Protected Status, 76 FR 29000 (May 19, 2011); Extension 
and Re-designation of Sudan for Temporary Protected Status, 69 FR 
60168 (Oct. 7, 2004); Extension of Designation and Re-designation of 
Liberia under Temporary Protected Status Program, 62 FR 16608 (Apr. 
7, 1997).
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    When the Secretary designates or redesignates a country for TPS, 
the Secretary also has the discretion to establish the date from which 
TPS applicants must demonstrate that they have been ``continuously 
resid[ing]'' in the United States. See INA sec. 244(c)(1)(A)(ii), 8 
U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the 
``continuous residence'' date for applicants for TPS under the 
redesignation of Somalia shall be January 11, 2023. Initial applicants 
for TPS under this redesignation must also show they have been 
``continuously physically present'' in the United States since March 
18, 2023, which is the effective date of the Secretary's redesignation 
of Somalia. See INA sec. 244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i). 
For each initial TPS application filed under the redesignation, the 
final determination of whether the applicant has met the ``continuous 
physical presence'' requirement cannot be made until March 18, 2023, 
the effective date of this redesignation for Somalia. However, during 
the registration period and upon filing of the initial TPS application, 
USCIS will issue employment authorization documentation if the TPS 
applicant establishes prima facie eligibility for TPS. See 8 CFR 
244.5(b).

Why is the Secretary extending the TPS designation for Somalia and 
simultaneously redesignating Somalia for TPS through September 17, 
2024?

    DHS has reviewed country conditions in Somalia. Based on the 
review, including input received from the Department of State (DOS), 
the Secretary has determined that an 18-month TPS extension is 
warranted because the ongoing armed conflict and extraordinary and 
temporary conditions supporting Somalia's TPS designation remain. The 
Secretary has further determined that redesignating Somalia for TPS 
under INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) is warranted as is 
changing the ``continuous residence'' and ``continuous physical 
presence'' dates that applicants must meet to be eligible for TPS.
    DHS conducted a thorough review of conditions in Somalia. Armed 
conflict involving state and non-state actors, in combination with 
interrelated climate, health, and food security challenges, continues 
to undermine the physical security and wellbeing of the Somali 
population. Compounding these challenges is the difficulty of providing 
critical humanitarian aid to affected communities. Internally displaced 
persons (IDPs) and other vulnerable populations have been particularly 
impacted.

[[Page 15437]]

Armed Conflict

    The insurgent Islamist group al-Shabaab contests government control 
in Somalia and continues to conduct an armed insurgency against the 
Federal Government of Somalia (FGS), resulting in death, injury, and 
displacement of civilians.6 7 8
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    \6\ Report of the Secretary-General on children and armed 
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022, 
pg. 3-5, available at https://www.ecoi.net/en/file/local/2076558/N2235204.pdf.
    \7\ National Counterterrorism Center, Counter Terrorism Guide, 
Terrorist Groups, Al-Shabaab, available at https://www.dni.gov/nctc/groups/al_shabaab.html (last visited Feb. 2, 2023)
    \8\ Claire Klobucista, Jonathan Masters, and Mohammed Aly 
Sergie, Backgrounder Al-Shabaab, Council of Foreign Relations, Dec. 
6, 2022, available at https://www.cfr.org/backgrounder/al-shabaab 
(last visited Feb. 1, 2023).
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    Al-Shabaab is well-organized and well-funded armed group with 
control over parts of Somalia.9 10 Al-Shabaab controls 
substantial territory in southern Somalia, planning and conducting 
terrorist attacks across the country, as well as attacks in northern 
Kenya and eastern Ethiopia.11 12 13 Al-Shabaab regularly 
conducts suicide bombings and targeted killings, as well as organized 
assaults against the Somali National Army (SNA), Somali Police Force 
(SPF) and the African Union Transition Mission in Somalia (ATMIS) 
(formerly the African Union Mission in Somalia (AMISOM)).\14\
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    \9\ Report of the Secretary-General on children and armed 
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022, 
pg. 3-5, available at https://www.ecoi.net/en/file/local/2076558/N2235204.pdf.
    \10\ In 2008, the U.S. Government designated Al-Shabaab as a 
Foreign Terrorist Organization under Section 219 of the Immigration 
and Nationality Act (as amended) and as a Specially Designated 
Global Terrorist under Section 1(b) of Executive Order 13224 (as 
amended). Counter Terrorism Guide--Al-Shabaab, National 
Counterterrorism Center, available at https://www.dni.gov/nctc/groups/al_shabaab.html (last visited Jan. 19, 2023).
    \11\ Report of the Secretary-General on children and armed 
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022, 
pg. 3-5, available at https://www.ecoi.net/en/file/local/2076558/N2235204.pdf.
    \12\ Media Note, U.S. Dep't. of State, Rewards for Justice--
Reward Offer for Information on Maalim Ayman and Other Responsible 
for 2020 Attack on Manda Bay Airfield in Kenya, Jan. 5, 2023, 
available at https://www.state.gov/rewards-for-justice-reward-offer-for-information-on-maalim-ayman-and-others-responsible-for-2020-attack-on-manda-bay-airfield-in-kenya/ (last visited Feb. 1, 2023);
    \13\ Council on Foreign Relations, 2004-2022 Al-Shabaab in East 
Africa, available at https://www.cfr.org/timeline/al-shabaab-east-africa (last visited Feb. 2, 2023).
    \14\ Report of the Secretary-General on children and armed 
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022, 
pg. 3-5, available at https://www.ecoi.net/en/file/local/2076558/N2235204.pdf.
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    Al-Shabaab's multiple illegal funding streams, including extortion 
of local businesses and individuals and facilitation of illicit trades, 
generate around $100 million per year.\15\ Al-Shabaab is regarded by 
the Department of Defense as ``al-Qaeda's largest, wealthiest and most 
deadly affiliate,'' nearly doubling its attacks between 2015 and 2021 
and continuing to pose an acute threat.\16\ As recently as November 27, 
2022, Al-Shabaab gunmen killed at least nine people in a Mogadishu 
hotel popular with government officials.\17\ One month earlier, Al-
Shabaab claimed responsibility for two car bombs in Mogadishu that 
exploded at the education ministry next to a busy market intersection; 
President Hassan Sheikh Mohamud stated at the time that the bombings 
killed at least 100 people and wounded 300,\18\ representing Al-
Shabaab's deadliest attack in five years.\19\ An Al-Shabaab attack on 
another hotel in Mogadishu in August 2022 killed 21 people and injured 
117 others.\20\
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    \15\ Treasury Designates al-Shabaab Financial Facilitators, U.S. 
Dep't. of the Treasury, Oct. 17, 2022, available at https://home.treasury.gov/news/press-releases/jy1028 (last visited Jan. 19, 
2023).
    \16\ An attack on a military base in Somalia shows al-Shabab's 
deadly power, Washington Post, July 17, 2022, available at https://www.washingtonpost.com/world/2022/07/17/somalia-al-shabab-us-troops/ 
(last visited Jan. 19, 2023).
    \17\ Nine Civilians Killed in Militant Siege at a Mogadishu 
Hotel, New York Times, Nov. 28, 2022, available at https://www.nytimes.com/2022/11/27/world/africa/mogadishu-shabab-hotel.html 
(last visited Jan. 19, 2023).
    \18\ Car bombs at busy Somalia market intersection killed at 
least 100, president says, Reuters, Oct. 30, 2022, available at 
https://www.reuters.com/world/africa/somalia-president-least-100-people-killed-car-bombs-2022-10-30/ (last visited Jan. 19, 2023).
    \19\ Nine Civilians Killed in Militant Siege at a Mogadishu 
Hotel, New York Times, Nov. 28, 2022, available at https://www.nytimes.com/2022/11/27/world/africa/mogadishu-shabab-hotel.html 
(last visited Jan. 19, 2023).
    \20\ Somali PM Vows Accountability after Deadly Hotel Attack, 
VOA News, Aug. 22, 2022, available at https://www.voanews.com/a/somali-pm-vows-accountability-after-deadly-hotel-attack/6712021.html 
(last visited Jan. 19, 2023).
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    Somali security forces do not have the capacity to independently 
and consistently secure Somalia.\21\ When al-Shabaab regains control of 
towns that had been secured previously by pro-government forces, they 
have punished residents they suspected of cooperating with U.S. and 
pro-government forces by conducting public executions including 
beheadings, stonings, and other deadly forms of retaliation.\22\ Somali 
women and girls are disproportionately exposed to high levels of 
conflict-related sexual violence.23 24
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    \21\ Integrated Country Strategy: Somalia, U.S. Dep't. of State, 
Mar. 20, 2022, available at https://www.state.gov/wp-content/uploads/2022/04/ICS_AF_Somalia_Public.pdf.
    \22\ EASO, Country of Origin Information Report, Somalia 
Targeted profiles, September 2021, available at https://www.ecoi.net/en/file/local/2060580/2021_09_EASO_COI_Report_Somalia_Targeted_profiles.pdf.
    \23\ UNSOM, Women in Somalia Live Through Pain of Displacement 
and Trauma of Conflict-Related Sexual Violence, June 19, 2022, 
available at https://unsom.unmissions.org/women-somalia-live-through-pain-displacement-and-trauma-conflict-related-sexual-violence (last visited Feb. 2, 2023).
    \24\ U.S. Dept. of State, 2021 Country Reports on Human Rights 
Practices: Somalia, Apr. 12, 2022, available at https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/ (last visited Feb. 2, 2023).
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    Al-Shabaab often used suicide bombers, mortars, and IEDs to attack 
civilian and military targets throughout Somalia.\25\ It also killed 
prominent peace activists, community leaders, clan elders, electoral 
delegates, and their family members for their roles in peace building, 
in addition to beheading persons accused of spying for and 
collaborating with Somali forces and affiliated militias.\26\ ISIS-
Somalia remains active, planning and carrying out suicide bombings, 
armed assaults, assassinations, and small arms attacks in the Federal 
Member State (FMS) of Puntland and in the capital, Mogadishu.\27\
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    \25\ Chiara Torelli, Action on Armed Violence, Hiiran: 30 killed 
in three Al Shabaab suicide attacks, 14 Jan, Jan. 17, 2023, 
available at https://aoav.org.uk/2023/hiiran-30-killed-in-three-al-shabaab-suicide-attacks-14-jan/ (last visited Feb. 2, 2023).
    \26\ 2021 Country Reports on Human Rights Practices: Somalia, 
U.S. Dep't. of State, Apr. 12, 2022, available at https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/ (last visited Feb. 2, 2023).
    \27\ Id.
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Extraordinary and Temporary Conditions

    Somalia faces complex climate, health, food security, and 
humanitarian challenges. As of December 2022, more than 7 million 
Somalis are in need of humanitarian assistance.\28\ Compounding this 
challenge, armed groups deliberately restrict the passage of relief 
supplies and access by humanitarian organizations through the use of 
checkpoints, roadblocks, extortion, carjacking, and bureaucratic 
obstacles.\29\
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    \28\ Somalia Key Figures, United Nations Office for the 
Coordination of Humanitarian Affairs (UNOCHA), available at https://m.reliefweb.int/country/216/som?figures-display=all (last visited 
Jan. 19, 2023).
    \29\ 2021 Country Reports on Human Rights Practices: Somalia, 
U.S. Dep't. of State, Apr. 12, 2022, available at https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/ (last visited Jan. 19, 2023).
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    Approximately 2.9 million people are internally displaced in 
Somalia ``due to conflict, drought, lack of livelihood opportunities, 
and forced evictions from

[[Page 15438]]

their settlements, mostly by landlords.'' 30 31 Such IDPs 
face challenging living conditions in crowded, informal settlements 
with limited access to health services, water, shelter, and food.\32\ 
The majority of IDPs are older persons, women, and children.\33\
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    \30\ Somalia Humanitarian Fund Annual Report 2021, UNOCHA, June 
30, 2022, pg. 8, available at https://reliefweb.int/report/somalia/somalia-humanitarian-fund-annual-report-2021 (last visited Jan. 19, 
2023).
    \31\ Internally displaced persons (IDPs) are generally most 
affected by forced evictions in Mogadishu, Somalia's capital. 
Generally, these IDPs--fleeing from insecurity and natural disasters 
in rural areas--establish temporary settlements in abandoned areas 
in Mogadishu, where they pay rent to ``gatekeepers,'' the de facto 
managers of these informal settlements. These evictions are linked 
to rising land and property values, and clan power dynamics among 
one of the most powerful clans--the Hawiye clans in the Mogadishu 
area. The combination of these factors has led to forced evictions 
of IDPs, usually with force and without any prior notice. 
UnSettlement: Urban displacement in the 21st century, Norwegian 
Refugee Council/Internal Displacement Monitoring Centre, Nov. 2018, 
pg. 5-7, available at https://www.refworld.org/docid/5c17b00f4.html 
(last visited Jan. 19, 2023).
    \32\ Four Challenges Facing Displaced Persons in Somalia, 
International Organization for Migration, Sept. 13, 2022, available 
at https://reliefweb.int/report/somalia/four-challenges-facing-displaced-persons-somalia (last visited Jan. 19, 2023).
    \33\ Worsening drought escalated forced evictions in Banadir 
region, Norwegian Refugee Council, Mar. 14, 2022, pg. 1, available 
at https://reliefweb.int/report/somalia/nrc-somalia-brief-worsening-drought-escalates-forced-evictions-banadir-region-somalia (last 
visited Sept. 13, 2022).
---------------------------------------------------------------------------

    Vulnerable populations face particular protection challenges. 
Gender-based violence is underreported but widespread,\34\ with IDPs 
and members of marginalized clans and groups particularly at risk.\35\ 
Al-Shabaab continues to commit gender-based violence, including through 
child, early, and forced marriages.\36\ Children are often subject to 
recruitment by armed groups.\37\
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    \34\ Somalia: Protection Analysis Update (Feb. 2022), Global 
Protection Cluster/UN High Commissioner for Refugees, Feb. 9, 2022, 
pg. 4, available at https://reliefweb.int/report/somalia/somalia-protection-analysis-update-february-2022 (last visited Sept. 7, 
2022).
    \35\ 2021 Country Reports on Human Rights Practices: Somalia, 
U.S. Dep't. of State, Apr. 12, 2022, available at https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/ (last visited Jan. 19, 2023).
    \36\ Id.
    \37\ Report of the Secretary-General on children and armed 
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022, 
pg. 5, available at https://www.ecoi.net/en/file/local/2076558/N2235204.pdf
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    Somalia's overall health system, including its disease surveillance 
system, ``remains fragmented, under-resourced, and ill-equipped to 
provide lifesaving and preventative services.'' \38\ It is estimated 
that at least 6.5 million people need essential healthcare and 
nutrition services, with malnutrition, disease outbreaks, and conflict 
continuing to drive increased illness and excess deaths.\39\ It is 
estimated that only 19% of districts have adequate healthcare 
facilities.\40\
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    \38\ 2022 Somalia Humanitarian Needs Overview, UNOCHA, Oct. 24, 
2021, pg. 25, available at https://reliefweb.int/report/somalia/2022-somalia-humanitarian-needs-overview (last visited Jan. 19, 
2023).
    \39\ Somalia Complex Crisis--Overview, ACAPS, last updated on 
Sept. 9, 2022, available at https://www.acaps.org/country/somalia/crisis/complex-crisis (last visited Jan. 19, 2023).
    \40\ Id.
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    Climate change has intensified competition over declining 
resources, which in turn exacerbates clan divisions and inter-clan 
violence.\41\ Violence between clan militias has led to civilian 
casualties, destruction of civilian property, displacement, and 
obstruction of humanitarian assistance.\42\ Somalia is beset by ``a 
culture of impunity due to clan protection of perpetrators [of abuses] 
and weak government capacity to hold the guilty to account.'' \43\
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    \41\ 2022 Somalia Humanitarian Needs Overview, UNOCHA, Oct. 24, 
2021, pg. 6, available at https://reliefweb.int/report/somalia/2022-somalia-humanitarian-needs-overview (last visited Sept. 13, 2022).
    \42\ Letter dated 5 October 2021 from the Chair of the Security 
Council Committee pursuant to resolution 751 (1992) concerning 
Somalia addressed to the President of the Security Council, UN 
Security Council, Oct. 6, 2021, pg. 13, available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/N21/249/27/pdf/N2124927.pdf?OpenElement.
    \43\ 2021 Country Reports on Human Rights Practices: Somalia, 
U.S. Dep't. of State, Apr. 12, 2022, available at https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/ (last visited Jan. 19, 2023).
---------------------------------------------------------------------------

    Alongside conflict and violence, drought and flooding have been 
primary drivers of displacement, food insecurity, and malnutrition.\44\ 
In March 2022 the UN assessed:
---------------------------------------------------------------------------

    \44\ Somalia: Protection Analysis Update, Global Protection 
Cluster, UNHCR, Feb. 9, 2022, pg. 4, available at https://reliefweb.int/report/somalia/somalia-protection-analysis-update-february-2022 (last visited Sept. 12, 2022).

    Since December 2021, extreme drought conditions have affected 
about 4.9 million people, with about 719,000 displaced from their 
homes in search of water, food, and pasture as of March. The 
emergency is decimating the lives of people whose coping capacities 
were already eroded by decades of conflict, food shortages, climatic 
shocks, disease outbreaks, desert locust infestations and the COVID-
19 pandemic.\45\
---------------------------------------------------------------------------

    \45\ Somalia Humanitarian Bulletin, March 2022, UNOCHA, Apr. 12, 
2022, pg. 2, available at https://reliefweb.int/report/somalia/somalia-humanitarian-bulletin-march-2022 (last visited Sept. 13, 
2022).

    As of September 2022, more than 80% of the country faced severe to 
extreme drought conditions.\46\ As of December 2022, Somalia has 
experienced five consecutive seasons of poor rainfall and is likely to 
experience a sixth such season from March to June 2023.\47\
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    \46\ Somalia Complex Crisis--Overview, ACAPS, last updated on 
Sept. 9, 2022, available at https://www.acaps.org/country/somalia/crisis/complex-crisis (last visited Jan. 19, 2023).
    \47\ Nearly 8.3 million people across Somalia face Crisis (IPC 
Phase 3) or worse acute food insecurity outcomes, Famine Early 
Warning System Network (FEWS NET)/Food Security and Nutrition 
Analysis Unit (FSNAU)/Integrated Food Security Phase Classification 
(IPC), Dec. 13, 2022, pg. 1, available at https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes (last visited 
Jan. 19, 2023).
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    Malnutrition in Somalia is driven by food insecurity, poor child 
feeding practices, diseases, and limited access to clean water and 
sanitation.\48\ Nearly 1.8 million children under the age of five are 
acutely malnourished.\49\ Moreover, conflict and disease outbreaks have 
exacerbated a spike in food prices.\50\
---------------------------------------------------------------------------

    \48\ WFP Somalia Country Brief, May 2022, World Food Programme, 
May 31, 2022, pg. 1, available at https://reliefweb.int/report/somalia/wfp-somalia-country-brief-may-2022 (last visited Sept. 14, 
2022).
    \49\ Somalia Key Figures, UNOCHA, available at https://m.reliefweb.int/country/216/som?figures-display=all (last visited 
Jan. 19, 2023). Estimate as of Sept. 12, 2022.
    \50\ Nearly 8.3 million people across Somalia face Crisis (IPC 
Phase 3) or worse acute food insecurity outcomes, FEWS NET/FSNAU/
IPC, Dec. 13, 2022, pg. 1, available at https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes (last visited 
Jan. 19, 2023).
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    The UN reports that 7.1 million people, accounting for 45 percent 
of the country, face at least ``crisis'' levels of food security, of 
which 2.1 million are experiencing even more serious ``emergency'' 
shortages that signify acute malnutrition and rising levels of 
death.\51\ Approximately 213,000 people are at the ``catastrophe'' \52\ 
level, representing a 160 percent increase between April and June 2022, 
and characterized by an extreme lack of food that can result in 
starvation and death.\53\ The situation may further deteriorate if an 
anticipated decrease in humanitarian assistance due to insufficient 
funding for Somalia after March 2023 comes to pass, with the UN and its 
partners predicting that the number of Somalis facing ``crisis'' levels 
of food security--or worse--would grow to around 8.3 million between 
April and June 2023, of which 2.7 million would face

[[Page 15439]]

``emergency'' levels and at least 727,000 would face ``catastrophe.'' 
\54\
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    \51\ Horn of Africa braces for `explosion of child deaths' as 
hunger crisis deepens, UN News, June 7, 2022, available at https://news.un.org/en/story/2022/06/1119862 (last visited Jan. 19, 2023).
    \52\ This designation is also referred to as ``Famine'' or ``IPC 
Phase 5.'' FEWS NET/FSNAU/IPC, supra note 37.
    \53\ Horn of Africa braces for `explosion of child deaths' as 
hunger crisis deepens, UN News, June 7, 2022, available at https://news.un.org/en/story/2022/06/1119862 (last visited Jan. 19, 2023).
    \54\ Nearly 8.3 million people across Somalia face Crisis (IPC 
Phase 3) or worse acute food insecurity outcomes, FEWS NET/FSNAU/
IPC, Dec. 13, 2022, pg. 1, available at https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes (last visited 
Jan. 19, 2023).
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    Based upon this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Somalia's designation for TPS 
continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C. 
1254a(b)(3)(A) and (C).
     There continues to be an ongoing armed conflict in Somalia 
and, due to such conflict, requiring the return to Somalia of Somali 
nationals (or individuals having no nationality who last habitually 
resided in Somalia) would pose a serious threat to their personal 
safety. See INA sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
     There continue to be extraordinary and temporary 
conditions in Somalia that prevent Somali nationals (or individuals 
having no nationality who last habitually resided in Somalia) from 
returning to Somalia in safety, and it is not contrary to the national 
interest of the United States to permit Somali TPS beneficiaries to 
remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8 
U.S.C. 1254a(b)(1)(C).
     The designation of Somalia for TPS should be extended for 
an 18-month period, beginning on March 18, 2023 and ending on September 
17, 2024. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Due to the conditions described above, Somalia should be 
simultaneously extended and redesignated for TPS beginning on March 18, 
2023 and ending on September 17, 2024. See INA sec. 244(b)(1)(A) and 
(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
     For the redesignation, the Secretary has determined that 
TPS applicants must demonstrate that they have continuously resided in 
the United States since January 11, 2023.
     TPS applicants must demonstrate that they have been 
continuously physically present in the United States since March 18, 
2023, the effective date of the redesignation of Somalia for TPS.
     There are approximately 430 current Somalia TPS 
beneficiaries who are expected to be eligible to re-register for TPS 
under the extension.
     It is estimated that approximately 2,200 additional 
individuals may be eligible for TPS under the redesignation of Somalia. 
This population includes Somali nationals in the United States in 
nonimmigrant status or without lawful immigration status.

Notice of the Designation of Somalia for TPS

    By the authority vested in me as Secretary under INA sec. 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate U.S. Government agencies, the statutory conditions 
supporting Somalia'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 INA sec. 244(b)(1)(C), 8 
U.S.C. 1254a(b)(1)(C). I estimate up to approximately 2,630 individuals 
may be eligible for TPS under the designation of Somalia. On the basis 
of this determination, I am simultaneously extending the existing 
designation of Somalia for TPS for 18 months, beginning on March 18, 
2023, and ending on September 17, 2024, and redesignating Somalia for 
TPS for the same 18-month period. See INA sec. 244(b)(1)(A), (b)(1)(C) 
and (b)(2); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C), and (b)(2).

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.

Eligibility and Employment Authorization for TPS

Required Application Forms and Application Fees To Register for TPS

    To register for TPS based on the designation of Somalia, you must 
submit a Form I-821, Application for Temporary Protected Status, and 
pay the filing fee (or request a fee waiver, which you may submit on 
Form I-912, Request for Fee Waiver). You may be required to pay the 
biometric services fee. If you can demonstrate an inability to pay the 
biometric services fee, you may request to have the fee waived. Please 
see additional information under the ``Biometric Services Fee'' section 
of this notice.
    TPS beneficiaries are 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.
    Individuals who have a Somalia TPS application (Form I-821) that 
was still pending as of March 13, 2023 do not need to file the 
application again. If USCIS approves an individual's Form I-821, USCIS 
will grant the individual TPS through September 17, 2024.
    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 103.7(b)(1) (Oct. 1, 2020).

How can TPS beneficiaries obtain an Employment Authorization Document 
(EAD)?

    Everyone must provide their employer with documentation showing 
that they have the legal right to work in the United States. TPS 
beneficiaries are eligible to obtain an EAD, which proves their legal 
right to work. Those who want to obtain an EAD must file a Form I-765 
and pay the Form I-765 fee (or request a fee waiver, which you may 
submit on Form I-912, Request for Fee Waiver). TPS applicants may file 
this form along with their TPS application, or at a later date, 
provided their TPS application is still pending or has been approved. 
Beneficiaries with a Somalia TPS-related Form I-765 that was still 
pending as of March 13, 2023 do not need to file the application again. 
If USCIS approves a pending TPS-related Form I-765, USCIS will issue 
the individual a new EAD that will be valid through September 17, 2024.

Refiling an Initial TPS Registration Application After Receiving a 
Denial of a Fee Waiver Request

    The fee waiver denial notice will contain specific instructions 
about resubmitting your application.

Filing Information

    USCIS offers the option to applicants for TPS under Somalia'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.\55\ To file these forms online, you must first create a 
USCIS online account.\56\ However, if you are requesting a fee waiver, 
you cannot submit the applications online. You will need to file paper 
versions of the fee waiver request and the form for which you are 
requesting the fee waiver.
---------------------------------------------------------------------------

    \55\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \56\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

    Mail filing: Mail your application for TPS to the proper address in 
Table 1.

[[Page 15440]]

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 Somalia, P.O.
 (USPS).                                  Box 6943, Chicago, IL 60680-
                                          6943.
You are using FedEx, UPS, or DHL.......  USCIS, Attn: TPS Somalia (Box
                                          6943), 131 S Dearborn St., 3rd
                                          Floor, Chicago, IL 60603-5517.
------------------------------------------------------------------------

    If you were granted TPS by an immigration judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD, please 
mail your Form I-765 application to the appropriate mailing address in 
Table 1. When you are requesting an EAD based on an IJ/BIA grant of 
TPS, please include a copy of the IJ or BIA order granting you TPS with 
your application. This will help us verify your grant of TPS and 
process your application.

Supporting Documents

    The filing instructions on the Form I-821 list all the documents 
needed to establish eligibility for TPS. You may also find information 
on the acceptable documentation and other requirements for applying 
(i.e., registering) for TPS on the USCIS website at https://www.uscis.gov/tps under ``Somalia.''

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 and be 
authorized to re-enter. 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):          0867.
You must include a copy of the receipt
 notice (Form I-797 or I-797C) showing
 we accepted or approved your Form I-
 821.
Filing Form I-131 based on a pending or  USCIS, Attn: I-131 TPS, 2501 S
 approved Form I-821, and you are using   State Hwy. 121 Business, Ste.
 FedEx, UPS, or DHL:                      400, Lewisville, TX 75067.
You must include a copy of the receipt
 notice (Form I-797 or 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 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).

Am I eligible to receive an automatic extension of my current EAD 
through March 17, 2024, through this Federal Register notice?

    Yes. Regardless of your country of birth, provided that you 
currently have a Somalia TPS-based EAD that has the notation A12 or C19 
under Category and a ``Card Expires'' date of March 17, 2023, or 
September 17, 2021, this Federal Register notice automatically extends 
your EAD through March 17, 2024. Although this Federal Register notice 
automatically extends your EAD through March 17, 2024, you must re-
register timely for TPS in accordance with the procedures described in 
this Federal Register notice to maintain your TPS and employment 
authorization.

[[Page 15441]]

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

    You can find the Lists of Acceptable Documents on Form I-9, 
Employment Eligibility Verification, as well as the Acceptable 
Documents web page at 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 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. See the 
section ``How do my employer and I complete Form I-9 using my 
automatically extended EAD for a new job?'' of this Federal Register 
notice for further information. If your EAD states A12 or C19 under 
Category and has a ``Card Expires'' date of March 17, 2023, or 
September 17, 2021, it has been extended automatically by virtue of 
this Federal Register notice and you may choose to present your EAD to 
your employer as proof of identity and employment eligibility for Form 
I-9 through March 17, 2024, unless your TPS has been withdrawn or your 
request for TPS has been denied. Your country of birth notated on the 
EAD does not have to reflect the TPS designated country of Somalia for 
you to be eligible for this extension.

What documentation may I present to my employer for Form I-9 if I am 
already employed but my current TPS-related EAD is set to expire?

    Even though we have automatically extended your EAD, your employer 
is required by law to ask you about your continued employment 
authorization. Your employer may need to re-inspect your automatically 
extended EAD to check the ``Card Expires'' date and Category code if 
your employer did not keep a copy of your EAD when you initially 
presented it. Once your employer has reviewed the Card Expiration date 
and Category code, your employer should update the EAD expiration date 
in Section 2 of Form I-9. See the section ``What updates should my 
current employer make to Form I-9 if my EAD has been automatically 
extended?'' of this Federal Register notice for further information. 
You may show this Federal Register notice to your employer to explain 
what to do for Form I-9 and to show that USCIS has automatically 
extended your EAD through March 17, 2024, but you are not required to 
do so. The last day of the automatic EAD extension is March 17, 2024. 
Before you start work on March 18, 2024, your employer is required by 
law to reverify your employment authorization on Form I-9. By that 
time, you must present any document from List A or any document from 
List C on Form I-9 Lists of Acceptable Documents, or an acceptable List 
A or List C receipt described in the Form I-9 instructions to reverify 
employment authorization.
    Your employer may not specify which List A or List C document you 
must present and cannot reject an acceptable receipt.

If I have an EAD based on another immigration status, can I obtain a 
new TPS-based EAD?

    Yes, if you are eligible for TPS, you can obtain a new TPS-based 
EAD, regardless of whether you have an EAD or work authorization based 
on another immigration status. If you want to obtain a new TPS-based 
EAD valid through September 17, 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 Somali 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 may not request proof of Somali citizenship or proof of 
registration for TPS when completing Form I-9 for new hires or 
reverifying the employment authorization of current employees. If you 
present an EAD that USCIS has automatically extended, employers should 
accept it as a valid List A document so long as the EAD reasonably 
appears to be genuine and to relate to you. Refer to the ``Note to 
Employees'' section of this Federal Register notice for important 
information about your rights if your employer rejects lawful 
documentation, requires additional documentation, or otherwise 
discriminates against you based on your citizenship or immigration 
status, or your national origin.

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

    When using an automatically extended EAD to complete Form I-9 for a 
new job before March 18, 2024:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter March 17, 
2024, as the ``expiration date''; and
    b. Enter your USCIS number or A-Number where indicated. (Your EAD 
or other document from DHS will have your USCIS number or A-Number 
printed on it; the USCIS number is the same as your A-Number without 
the A prefix.)
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended by ensuring it is in 
category A12 or C19 and has a ``Card Expires'' date of March 17, 2023, 
or September 17, 2021.
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write March 17, 2024, as the expiration date.
    Before the start of work on March 18, 2024, employers must reverify 
the employee's employment authorization on Form I-9.

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

    If you presented a TPS-related EAD that was valid when you first 
started your job and USCIS has now automatically extended your EAD, 
your employer may need to re-inspect your current EAD if they do not 
have a copy of the EAD on file. Your employer should determine if your 
EAD is automatically extended by ensuring that it contains Category A12 
or C19 and has a ``Card Expires'' date of March 17, 2023, or September 
17, 2021. Your employer may not rely on the country of birth listed on 
the card to determine whether you are eligible for this extension.
    If your employer determines that USCIS has automatically extended 
your EAD, your employer should update Section 2 of your previously 
completed Form I-9 as follows:

[[Page 15442]]

    1. Write EAD EXT and March 17, 2024, as the last day of the 
automatic extension in the Additional Information field; and
    2. Initial and date the correction.

    Note: This is not considered a reverification. Employers do not 
reverify the employee until either the automatic extension has 
ended, or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By March 18, 2024, 
when the employee's automatically extended EAD has expired, 
employers are required by law to reverify the employee's employment 
authorization on Form I-9.

If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee by 
entering the number from the Document Number field on Form I-9 into the 
document number field in E-Verify. Employers should enter March 17, 
2024, as the expiration date for an EAD that has been extended under 
this Federal Register notice.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiring'' alert for an automatically 
extended EAD?

    E-Verify automated the verification process for TPS-related EADs 
that are automatically extended. If you have employees who provided a 
TPS-related EAD when they first started working for you, you will 
receive a ``Work Authorization Documents Expiring'' case alert when the 
auto-extension period for this EAD is about to expire. Before this 
employee starts work on March 18, 2024, you must reverify their 
employment authorization on Form I-9. Employers may not use E-Verify 
for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Federal Register notice 
does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. USCIS accepts calls and emails in English and 
many other languages. For questions about avoiding discrimination 
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil 
Rights Division, Immigrant and Employee Rights Section (IER) Employer 
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language 
interpretation in numerous languages. Employers may also email IER at 
[email protected].

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at [email protected]. USCIS accepts calls in 
English, Spanish and many other languages. Employees or job applicants 
may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) 
for information regarding employment discrimination based on 
citizenship, immigration status, or national origin, including 
discrimination related to Form I-9 and E-Verify. The IER Worker Hotline 
provides language interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Form I-9 Instructions. Employers may not require extra 
or additional documentation beyond what is required for Form I-9 
completion. Further, employers participating in E-Verify who receive an 
E-Verify case result of Tentative Nonconfirmation (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/IER 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, if you present an automatically extended EAD 
referenced in this Federal Register notice, you do not need to show any 
other document, such as a Form I-797C, Notice of Action reflecting 
receipt of a Form I-765 EAD renewal application or this Federal 
Register notice, to prove that you qualify for this extension. While 
Federal Government agencies must follow the guidelines laid out by the 
Federal Government, State and local government agencies establish their 
own rules and guidelines when granting certain benefits. Each state may 
have different laws, requirements, and determinations about what 
documents you need to provide to prove eligibility for certain 
benefits. Whether you are applying for a Federal, State, or local 
government benefit, you may need to provide the government agency with 
documents that show you are a TPS beneficiary, show you are authorized 
to work based on TPS or other status, or that may be used by DHS to 
determine if you have TPS or another immigration status. Examples of 
such documents are:
     Your current EAD with a TPS category code of A12 or C19, 
even if your country of birth noted on the EAD does not reflect the TPS 
designated country of Somalia;
     Your Form I-94, Arrival/Departure Record;
     Your Form I-797, Notice of Action, reflecting approval of 
your Form I-765; or
     Form I-797 or Form I-797C, Notice of Action, reflecting 
approval or receipt of a past or current Form I-821.
    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.
    While SAVE can verify that an individual has TPS, each agency's 
procedures govern whether they will accept an unexpired EAD, Form I-
797, Form I-797C, or Form I-94, Arrival/Departure Record. If an agency 
accepts the type of TPS-related document you

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present, such as an EAD, the agency should accept your automatically 
extended EAD, regardless of the country of birth listed on the EAD. It 
may assist the agency if you:
    a. Give the agency a copy of the relevant Federal Register notice 
showing the extension of TPS-related documentation in addition to your 
recent TPS-related document with your A-number, USCIS number or Form I-
94 number;
    b. Explain that SAVE will be able to verify the continuation of 
your TPS using this information; and
    c. Ask the agency to initiate a SAVE query with your information 
and follow through with additional verification steps, if necessary, to 
get a final SAVE response verifying your TPS.
    You can also ask the agency to look for SAVE notices or contact 
SAVE if they have any questions about your immigration status or 
automatic extension of TPS-related documentation. In most cases, SAVE 
provides an automated electronic response to benefit-granting agencies 
within seconds, but occasionally verification can be delayed.
    You can check the status of your SAVE verification by using 
CaseCheck at https://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. 2023-04735 Filed 3-7-23; 8:45 am]
BILLING CODE 9111-97-P