Federal Register, Volume 88 Issue 160 (Monday, August 21, 2023)

[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56872-56880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17875]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2747-23; DHS Docket No. USCIS-2022-0003]
RIN 1615-ZB91

Extension and Redesignation of Ukraine 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 Ukraine for Temporary Protected Status
(TPS) for 18 months, beginning on October 20, 2023, and ending on April
19, 2025. This extension allows existing TPS beneficiaries to retain
TPS through April 19, 2025, so long as they otherwise continue to meet
the eligibility requirements for TPS. Existing TPS beneficiaries who
wish to extend their status through April 19, 2025, must re-register
during the 60-day re-registration period described in this notice. The
Secretary is also redesignating Ukraine for TPS. The redesignation of
Ukraine allows additional Ukrainian nationals (and individuals having
no nationality who last habitually resided in Ukraine) who have been
continuously residing in the United States since August 16, 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 August 16, 2023, 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
October 20, 2023, the effective date of this redesignation of Ukraine
for TPS.

DATES: Extension of Designation of Ukraine for TPS: The 18-month
designation of Ukraine for TPS begins on October 20, 2023, and will
remain in effect for 18 months, ending on April 19, 2025. The extension
impacts existing beneficiaries of TPS.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from August 21, 2023 through October 20, 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 reregistration could
result in gaps in their employment authorization documentation.)
Redesignation of Ukraine for TPS: The 18-month redesignation of
Ukraine for TPS begins on October 20, 2023, and will remain in effect
for 18 months, ending on April 19, 2025. The redesignation impacts
potential first-

[[Page 56873]]

time applicants and others who do not currently have TPS.
First-time Registration: The initial registration period for new
applicants under the Ukraine TPS redesignation begins on August 21,
2023 and will remain in effect through April 19, 2025.

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 Ukraine's TPS designation by selecting
``Ukraine'' from the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of
your questions and point you to additional information on our website.
If you are unable to find your answers there, you may also call our
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at uscis.gov, or visit the USCIS Contact Center at 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 Ukraine (or individuals having no nationality who last
habitually resided in Ukraine) 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 Ukraine 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 Ukraine's
designation, the 60-day re-registration period runs from August 21,
2023 through October 20, 2023. USCIS will issue new EADs with an April
19, 2025, expiration date to eligible Ukrainian 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 Ukraine through October 19, 2024.
Therefore, as proof of continued employment authorization through
October 19, 2024, TPS beneficiaries can show their EADs that have the
notation A-12 or C-19 under Category and a ``Card Expires'' date of
October 19, 2023. 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 Ukraine TPS application (Form I-821) and/or
Application for Employment Authorization (Form I-765) that was still
pending as of August 21, 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 April 19, 2025. 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 26,000 beneficiaries under Ukraine'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 August 21, 2023 and runs through the full length
of the redesignation period ending April 19, 2025. In addition to
demonstrating continuous residence in the United States since August
16, 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 October 20,
2023,\1\ the effective date of this redesignation of Ukraine, before
USCIS may grant them TPS. DHS estimates that approximately 166,700
individuals may become newly eligible for TPS under the redesignation
of Ukraine.
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\1\ 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 secs. 244(b)(2)(A)
(effective date of designation); 244(c)(1)(A)(i-ii) (CR and CPP date
requirements); 8 U.S.C. 1254a(b)(2)(A); 1254a(c)(1)(A)(i-ii).
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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 section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary terminates a foreign state's TPS
designation, beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before

[[Page 56874]]

TPS, if any (unless that status or category has since expired or
terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.

When was Ukraine designated for TPS?

Ukraine was initially designated on the basis of an ongoing armed
conflict and extraordinary and temporary conditions in Ukraine that
prevented nationals of Ukraine from returning in safety. See
Designation of Nationals of Ukraine for Temporary Protected Status, 87
FR 23211 (April 19, 2022).

What authority does the Secretary have to extend the designation
Ukraine 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.\2\ 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).\3\ 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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\2\ INA section 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Pub. L. 107-296, 116 Stat. 2135 (2002). 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. INA sec. 244(b)(1); 8 U.S.C.
1254a(b)(1).
\3\ 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 granted Feb. 10, 2023(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 Ukraine 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).\4\
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\4\ The extension and redesignation of TPS for Ukraine 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 Temporary Protected Status for Sudan'' 69 FR
60168 (Oct. 7, 2004); ``Extension of Designation and Redesignation
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 Ukraine shall be August 16, 2023. Initial applicants
for TPS under this redesignation must also show they have been
``continuously physically present'' in the United States since October
20, 2023, which is the effective date of the Secretary's redesignation,
of Ukraine. 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 October 20, 2023,
the effective date of this redesignation for Ukraine. USCIS, however,
will issue employment authorization documentation, as appropriate,
during the registration period in accordance with 8 CFR 244.5(b).

Why is the Secretary extending the TPS designation for Ukraine and
simultaneously redesignating Ukraine for TPS through April 19, 2025?

DHS has reviewed country conditions in Ukraine. Based on the
review, including input received from DOS and other U.S. Government
agencies, the Secretary has determined that an 18-month TPS extension
is warranted because ongoing armed conflict and extraordinary and
temporary conditions supporting Ukraine's TPS designation remain. The
Secretary has further determined that redesignating Ukraine for TPS
under INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) is warranted
and is changing the ``continuous residence'' and ``continuous physical
presence'' dates that applicants must meet to be eligible for TPS.

Overview

On February 24, 2022, Russia massively expanded its unprovoked
military invasion of Ukraine, marking the largest conventional military
action in Europe since World War II.\5\ There is widespread fear and
flight of Ukrainian nationals as Russia's forces have continued to
engage in significant, sustained bombardment of major cities across the
country, including attacks on Ukraine's capital, Kyiv.\6\ Members of
Russia's forces have also committed war crimes and the crimes against
humanity of murder, torture, rape, and, alongside other Russian
officials, deportation of

[[Page 56875]]

population.\7\ This ongoing armed conflict poses a serious threat to
the safety of nationals returning to Ukraine. Extraordinary and
temporary conditions, including destroyed infrastructure, lack of
access to healthcare, and displacement continue to prevent Ukrainian
nationals from returning to their homes in safety.
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\5\ ``Russia invades Ukraine on multiple fronts in `brutal act
of war','' PBS, Feb. 24, 2022, available at https://www.pbs.org/newshour/world/russia-invades-ukraine-on-multiple-fronts-in-brutal-act-of-war (last visited Mar. 1, 2022); Natalia Zinets and
Aleksandar Vasovic, ``Missiles rain down around Ukraine,'' Reuters,
Feb. 24, 2022, available at https://www.reuters.com/world/europe/putin-orders-military-operations-ukraine-demands-kyiv-forces-surrender-2022-02-24/ (last visited Mar. 1, 2022).
\6\ Amnesty Int'l, Amnesty International Report 2022/23: The
State of the World's Human Rights, Ukraine, 2022, Mar. 27, 2023,
available at https://www.ecoi.net/en/document/2089403.html (last
visited May 8, 2023); ACLED--Armed Conflict Location & Event Data
Project, War in Ukraine: One Year On, Nowhere Safe, Mar. 1, 2023,
available at https://acleddata.com/2023/03/01/war-in-ukraine-one-year-on-nowhere-safe/ (last visited May 8, 2023).
\7\ Antony J. Blinken, U.S. Sec'y of State, Virtual Remarks on
Russia's Accountability for the Crimes in Ukraine, U.S. Dept. of
State (Mar. 31, 2023) available at: https://ua.usembassy.gov/secretary-antony-j-blinken-virtual-remarks-on-russias-accountability-for-the-crimes-in-ukraine/ (last visited May 4,
2023); Amnesty Int'l, Amnesty International Report 2022/23: The
State of the World's Human Rights, Ukraine, at 377-82, available at
https://www.ecoi.net/en/document/2089403.html (last visited May 4,
2023); https://ua.usembassy.gov/crimes-against-humanity-in-ukraine/;
https://www.state.gov/war-crimes-by-russias-forces-in-ukraine/.
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Armed Conflict and Violence

Russia's expanded military invasion of Ukraine has placed civilians
at significant risk of physical harm throughout the country and caused
vast harm to infrastructure.\8\ By April 2023, the Office of the UN
High Commissioner for Human Rights (OHCHR) recorded 22,734 civilian
casualties in Ukraine, including 8,490 killed and 14,244 injured.\9\
OHCHR further found that most of the recorded civilian casualties were
caused by explosive weapons, including shelling from heavy artillery,
multiple launch rocket systems, missiles, and air strikes.\10\ Russian
forces continue to launch aerial attacks across Ukraine, resulting in
immense damage to civilian infrastructure. In Kyiv, damage to a thermal
power plant led to loss of electricity and heating in parts of the
city, while aerial attacks in oblasts including Kharkiv, Lviv,
Zhytomyr, and others, resulted in numerous power outages.\11\ Damage to
buildings, infrastructure, energy, and agricultural sectors will cost
roughly $411 billion to repair.\12\
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\8\ Press briefing notes on Ukraine, United Nations Office of
the High Commissioner Human Rights, Mar. 1, 2022, available at
https://reliefweb.int/report/ukraine/press-briefing-notes-ukraine-01-march-2022-enru (last visited May 15, 2022).
\9\ U. N. Human Rights Office of High Comm'r (OHCHR), Ukraine:
civilian casualty update, Apr. 10, 2023, available at https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023 (last visited May 4, 2023).
\10\ U. N. Human Rights Office of High Comm'r (OHCHR), Ukraine:
civilian casualty update, Apr. 10, 2023, available at https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023 (last visited May 4, 2023).
\11\ USAID, Ukraine--Complex Emergency, Mar. 10, 2023, available
at https://www.usaid.gov/sites/default/files/2023-03/2023-03-10_Ukraine_Complex_Emergency_Fact_Sheet_10.pdf (last visited May 5,
2023).
\12\ The World Bank, Updated Ukraine Recovery and Reconstruction
Needs Assessment, Mar. 23, 2023, available at: https://www.worldbank.org/en/news/press-release/2023/03/23/updated-ukraine-recovery-and-reconstruction-needs-assessment (last visited May 5,
2023).
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Humanitarian Situation and Human Rights Abuses

Loss of life, injuries, lack of access to healthcare, displacement,
and damaged infrastructure as a result of the ongoing war in Ukraine
have created a humanitarian crisis and has had a severe impact, with
millions of Ukrainians requiring humanitarian assistance.\13\ According
to the 2023 Humanitarian Needs Overview (HNO) for Ukraine, an estimated
17.6 million Ukrainian people require humanitarian assistance in 2023,
of which 52% are assessed to have ``severe'' humanitarian needs and 28%
have ``catastrophic'' (i.e., the most severe) humanitarian needs.\14\
Heavy fighting in eastern regions of Ukraine has led to large influxes
of internally displaced persons (IDPs) from those areas into
neighboring regions.\15\ There continues to be significant humanitarian
concerns including lack of infrastructure, healthcare, and
displacement. This ongoing humanitarian crisis constitutes
extraordinary and temporary conditions that make it difficult for
Ukrainian nationals and stateless habitual residents of Ukraine to
safely return to their country.
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\13\ Ukraine one year on: IRC survey reveals war has near
universal impact, IRC, Feb. 22, 2023, available at https://www.rescue.org/press-release/ukraine-one-year-irc-survey-reveals-war-has-near-universal-impact (last visited Apr. 10, 2023).
\14\ U.N. Office for the Coordination of Humanitarian Affairs,
Ukraine: Humanitarian Response Plan,, Feb. 15, 2023, available at
https://reliefweb.int/report/ukraine/ukraine-humanitarian-response-plan-february-2023-enuk (last visited Mar. 24, 2023).
\15\ USAID, Ukraine--Complex Emergency, Mar. 10, 2023, available
at https://www.usaid.gov/sites/default/files/2023-03/2023-03-10_Ukraine_Complex_Emergency_Fact_Sheet_10.pdf (last visited May 5,
2023).
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In March 2022, the U.S. government assessed that members of
Russia's forces committed war crimes in Ukraine. In February 2023, the
Secretary of State determined that members of Russia's forces and other
Russian officials had committed crimes against humanity in Ukraine.\16\
Widely reported atrocities and other abuses include torture, unlawful
killings, sexual violence, disappearances, and attacks on hospitals and
schools.\17\ Members of Russia's forces have unlawfully transferred or
deported Ukrainian civilians, including children, within occupied areas
of Ukraine and from occupied areas of Ukraine to the Russian
Federation, which is a grave breach of the Fourth Geneva Convention and
a war crime.\18\ The U.S. Department of State reported alarming
findings from the Office of the UN High Commissioner for Human Rights
Monitoring Mission in Ukraine (HRMMU) that, since February 24, 2022,
there have been 86 documented cases of conflict-related sexual
violence, including ``rape, gang rape, forced nudity and forced public
stripping, sexual torture, and sexual abuse.'' \19\
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\16\ Antony J. Blinken, U.S. Sec'y of State, Virtual Remarks on
Russia's Accountability for the Crimes in Ukraine, U.S. Dept. of
State, Mar. 31, 2023, available at: https://ua.usembassy.gov/secretary-antony-j-blinken-virtual-remarks-on-russias-accountability-for-the-crimes-in-ukraine/ (last visited May 4,
2023).
\17\ Antony J. Blinken, U.S. Sec'y of State, Virtual Remarks on
Russia's Accountability for the Crimes in Ukraine, U.S. Dept. of
State, Mar. 31, 2023, available at: https://ua.usembassy.gov/secretary-antony-j-blinken-virtual-remarks-on-russias-accountability-for-the-crimes-in-ukraine/ (last visited May 4,
2023); Amnesty Int'l, Amnesty International Report 2022/23: The
State of the World's Human Rights, Ukraine, at 377--82, available at
https://www.ecoi.net/en/document/2089403.html (last visited May 4,
2023).
\18\ Situation in Ukraine: ICC judges issue arrest warrants
against Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-
Belova, International Criminal Court (ICC), Mar. 17, 2023, available
at https://www.icc-cpi.int/news/situation-ukraine-icc-judges-issue-arrest-warrants-against-vladimir-vladimirovich-putin-and (last
visited May 5, 2023).
\19\ U.S. Dept. of State, 2022 Country Report on Human Rights
Practices: Ukraine, Mar. 20, 2023, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/ukraine/ (last visited May 5, 2023).
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[[Page 56876]]

Kherson.\22\ As a result of the dam's destruction, approximately 70
percent of the Kakhovka Reservoir, one of the largest in Europe,
emptied and is currently below its operational threshold.\23\ This has
cut off or threatened clean water supplies for at least 200,000 people,
a number that could increase to 700,000, across southern Ukraine.\24\
Additionally, attacks on electrical grids pose a serious humanitarian
concern, particularly in winter as frigid winter temperatures set in
and Ukrainians were without heat.\25\ Hundreds of schools have also
been damaged or destroyed, resulting in severe disruption in the
education of millions of students.\26\ The WHO Surveillance System
reported 763 attacks on healthcare facilities in 2022, leaving up to 50
percent of medical facilities non-functional in eastern and southern
parts of Ukraine.\27\ As a result of the ongoing attacks, health care
workers were forced to flee, leaving few present to attend to growing
needs.\28\ More than 6.2 million Ukrainians are now refugees and an
estimated 5.1 million Ukrainians are Internally Displaced Persons
(IDP).\29\ Large-scale displacement of this nature drives other
protection concerns, including gender-based violence, separation of
children from their families, and restrictions on movement.\30\ In
summary, Russia's invasion of Ukraine has led to large numbers of
civilian casualties and a mounting record of serious human rights
abuses by Russian forces against civilians. The war has created a
deepening humanitarian crisis, including mass displacement, destruction
of civilian infrastructure that is causing both economic and social
harm, and limitations on access to vital healthcare.
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\20\ Ukraine one year on: IRC survey reveals war has near
universal impact, IRC, Feb. 22, 2023, available at https://www.rescue.org/press-release/ukraine-one-year-irc-survey-reveals-war-has-near-universal-impact (last visited Apr. 10, 2023).
\21\ Lori Hinnant, Sam McNeil, and Illia Novikov, Ukraine's dam
collapse is both a fast-moving disaster and a slow-moving ecological
catastrophe, Associated Press, June 11, 2023, available at: https://apnews.com/article/ukraine-dam-environment-disaster-753d1e03810e6bd2e4a26cf2dd3aa97b (last visited: July 19, 2023);
Jamey Keaten, Ukrainian dam breach: What's happening and what's at
stake, Associated Press, June 7, 2023, available at: https://apnews.com/article/kakhovka-dam-ukraine-russia-war-whats-at-stake-a417dafefa79462bef5e4e63c0a94c8c (last visited: July 19, 2023).
\22\ Lori Hinnant, Sam McNeil, and Illia Novikov, Ukraine's dam
collapse is both a fast-moving disaster and a slow-moving ecological
catastrophe, Associated Press, June 11, 2023, available at: https://apnews.com/article/ukraine-dam-environment-disaster-753d1e03810e6bd2e4a26cf2dd3aa97b (last visited: July 19, 2023).
\23\ United Nations, Ukraine: 700,000 people affected by water
shortages from dam disaster, June 16, 2023, available at: https://
news.un.org/en/story/2023/06/
1137797#:~:text=Cut%20off%20from%20drinking%20water,empty%2C%20accord
ing%20to%20Ukrainian% (last visited: July 19, 2023).
\24\ United Nations, Ukraine: 700,000 people affected by water
shortages from dam disaster, June 16, 2023, available at: https://
news.un.org/en/story/2023/06/
1137797#:~:text=Cut%20off%20from%20drinking%20water,empty%2C%20accord
ing%20to%20Ukrainian%20authorities (last visited: July 19, 2023).
\25\ The Guardian, Ukrainians endure grim winter as Russia
destroys infrastructure--in maps, Feb. 6, 2023, available at https://www.theguardian.com/world/ng-interactive/2023/feb/06/ukrainians-endure-grim-winter-as-russia-destroys-infrastructure-in-maps (last
visited May 5, 2023).
\26\ U.N. Office of the High Comm'r for Human Rights, Report on
the human rights situation in Ukraine (1 August 2022-31 January
2023); Mar. 24, 2023, available at: https://www.ohchr.org/en/documents/country-reports/report-human-rights-situation-ukraine-1-august-2022-31-january-2023 (last visited on May 12, 2023).
\27\ U.N. Office for the Coordination for Humanitarian Affairs
(OCHA), Ukraine humanitarian response--Key achievements in 2022,
Feb. 10, 2023, available at https://reports.unocha.org/en/country/ukraine (last visited May 5, 2023).
\28\ OCHA, Ukraine humanitarian response--Key achievements in
2022, Feb. 10, 2023, available at https://reports.unocha.org/en/country/ukraine (last visited May 5, 2023).
\29\ UNHCR, Ukraine Refugee Situation, Aug. 1, 2023, available
at: https://data2.unhcr.org/en/situations/ukraine (last visited Aug.
3, 2023); IOM, Ukraine--Internal Displacement Report--General
Population Survey Round 13 (11 May-14 June 2023), June 2023,
available at: https://dtm.iom.int/reports/ukraine-internal-displacement-report-general-population-survey-round-13-11-may-14-june-2023?close=true (last visited Aug. 3, 2023).
\30\ OCHA, Ukraine humanitarian response--Key achievements in
2022, Feb. 10, 2023, available at https://reports.unocha.org/en/country/ukraine/ (last visited May 5, 2023).
---------------------------------------------------------------------------

Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
The conditions supporting Ukraine'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 Ukraine
and, due to such conflict, requiring the return to Ukraine of Ukrainian
nationals (or individuals having no nationality who last habitually
resided in Ukraine) 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 Ukraine that prevent Ukrainian nationals (or individuals
having no nationality who last habitually resided in Ukraine) from
returning to Ukraine in safety, and it is not contrary to the national
interest of the United States to permit Ukrainian 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 Ukraine for TPS should be extended for
an 18-month period, beginning on October 20, 2023 and ending on April
19, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Due to the conditions described above, Ukraine should be
simultaneously extended and redesignated for TPS beginning on October
20, 2023 and ending on April 19, 2025. See INA 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 August 16, 2023.
Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since October 20, 2023, the effective date of the
redesignation of Ukraine for TPS.
There are approximately 26,000 current Ukraine TPS
beneficiaries who are eligible to re-register for TPS under the
extension.
It is estimated that approximately 166,700 additional
individuals may be eligible for TPS under the redesignation of Ukraine.
This population includes Ukrainian nationals in the United States in
nonimmigrant status or without immigration status.

Notice of the Designation of Ukraine 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 Ukraine's designation for TPS on the basis of an ongoing
armed conflict and extraordinary and temporary conditions are met and
that designating Ukraine for TPS is not contrary to the national
interest of the United States. See INA sec. 244(b)(1)(A) and (C), 8
U.S.C. 1254a(b)(1)(A) and (C). On the basis of this determination, I am
simultaneously extending the existing designation of Ukraine for TPS
for 18 months, beginning on October 20, 2023 and ending on April 19,
2025, and redesignating Ukraine for TPS for the same 18-month period.
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).

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

Eligibility and Employment Authorization for TPS

Required Application Forms and Application Fees To Register or Re-
Register for TPS

To register initially for TPS based on the designation of Ukraine,
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.

[[Page 56877]]

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 Ukraine TPS application (Form I-821) that
was still pending as of August 21, 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 April 19, 2025.
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 Ukrainian TPS-related Form I-765 that was still
pending as of August 21, 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 April 19,
2025.

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

If USCIS denies your fee waiver request, you can resubmit your TPS
application. The fee waiver denial notice will contain specific
instructions about resubmitting your application.

Filing Information

USCIS offers the option to applicants for TPS under Ukraine'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: Forms I-821 and I-765 are available for concurrent
filing online.\31\ To file these forms online, you must first create a
USCIS online account.\32\ 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.
---------------------------------------------------------------------------

\31\ Find information about online filing at ``Forms Available
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
\32\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Form I-821, Application for Temporary Protected
Status; Form I-765, Application for Employment Authorization, if
applicable; Form I-912, Request for Fee Waiver (if applicable); and
supporting documentation to the proper address in Table 1.

Table 1--Mailing Addresses
------------------------------------------------------------------------

------------------------------------------------------------------------
Alabama, Alaska, American Samoa, USCIS Chicago Lockbox.
Arizona, Arkansas, Colorado, U.S. Postal Service (USPS):
Connecticut, Delaware, District of U.S. Citizenship and
Columbia, Florida, Georgia, Guam, Immigration Services, Attn:
Hawaii, Idaho, Illinois, Indiana, TPS Ukraine, P.O. Box 4464,
Iowa, Kansas, Kentucky, Louisiana, Chicago, IL 60680-4464.
Maine, Maryland, Massachusetts, New ...............................
York, Ohio. FedEx, UPS, or DHL: U.S.
Citizenship and Immigration
Services, Attn: TPS Ukraine
(Box 4464), 131 S Dearborn
St., 3rd Floor, Chicago, IL
60603-5517.
California, Michigan, Minnesota, USCIS Phoenix Lockbox.
Mississippi, Missouri, Montana, U.S. Postal Service (USPS):
Nebraska, Nevada, New Hampshire, New U.S. Citizenship and
Jersey, New Mexico, North Carolina, Immigration Services, Attn:
North Dakota, Northern Mariana TPS Ukraine, P.O. Box 24047,
Islands, Oklahoma, Oregon, Phoenix, AZ 85074-4047.
Pennsylvania, Puerto Rico, Rhode ...............................
Island, South Carolina, South Dakota, FedEx, UPS, or DHL: U.S.
Tennessee, Texas, Utah, Vermont, Citizenship and Immigration
Virgin Islands, Virginia, Washington, Services, Attn: TPS Ukraine
West Virginia, Wisconsin, Wyoming. (Box 24047), 2108 E Elliot
Rd., Tempe, AZ 85284-1806.
------------------------------------------------------------------------

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
file online or mail your Form I-765 application to the appropriate
mailing address in Table 1 regardless of whether you are requesting a
fee waiver. If filing online, please include the fee. If filing by
mail, please include the fee or fee waiver request. 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 ``Ukraine.''

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

[[Page 56878]]

separately. When filing Form I-131, you must:
Select Item Number 1.d. in Part 2 on the Form I-131; and
Submit the fee for 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 October 19, 2024, through this Federal Register notice?

Yes. Regardless of your country of birth, provided that you
currently have a Ukraine TPS-based EAD that has the notation A-12 or C-
19 under Category and a ``Card Expires'' date of October 19, 2023, this
Federal Register notice automatically extends your EAD through October
19, 2024. Although this Federal Register notice automatically extends
your EAD through October 19, 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.

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 A-12 or C-19 under
Category and has a ``Card Expires'' date of October 19, 2023, 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 October 19,
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 Ukraine 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-examine 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-

[[Page 56879]]

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 October
19, 2024, but you are not required to do so. The last day of the
automatic EAD extension is October 19, 2024. Before you start work on
October 20, 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 April 19, 2025, 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, proof of my Ukrainian citizenship, or a Form I-
797C showing that I registered for TPS for Form I-9 completion?

No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C receipt.
Employers may not request proof of Ukrainian 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 October 20, 2024:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until'' and enter
October 19, 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 A-12 or C-19 and has a ``Card Expires'' date of October 19,
2023.
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write October 19, 2024, as the expiration date.
Before the start of work on October 20, 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-examine your current EAD if they do not
have a copy of the EAD on file. Your employer should determine if your
EAD is automatically extended by ensuring that it contains Category A-
12 or C-19 and has a ``Card Expires'' date of October 19, 2023. 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:
1. Write EAD EXT and October 19, 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 October 20, 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 October 19,
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 October 20, 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

[[Page 56880]]

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 A-12 or C-19,
even if your country of birth noted on the EAD does not reflect the TPS
designated country of Ukraine;
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, 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.
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 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
(such as 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. 2023-17875 Filed 8-18-23; 8:45 am]
BILLING CODE 9111-97-P