[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56864-56872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17877]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2746-23; DHS Docket No. USCIS-2014-0003]
RIN 1615-ZB92


Extension and Redesignation of Sudan 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 Sudan 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 Sudan for TPS. The redesignation of 
Sudan allows additional Sudanese nationals (and individuals having no 
nationality who last habitually resided in Sudan) 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 Sudan for 
TPS.

DATES: 
    Extension of Designation of Sudan for TPS: The 18-month designation 
of Sudan 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 Sudan for TPS: The 18-month redesignation of Sudan 
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-time applicants and others who do not currently have TPS.
    First-time Registration: The initial registration period for new 
applicants under the Sudan 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 Sudan's TPS designation by selecting 
``Sudan'' 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.

[[Page 56865]]

     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 Sudan (or individuals having no nationality who last 
habitually resided in Sudan) 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 Sudan 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 Sudan'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 Sudanese 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 Sudan 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 Sudan 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 1,200 beneficiaries under Sudan'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 Sudan, before 
USCIS may grant them TPS. DHS estimates that approximately 2,750 
individuals may become newly eligible for TPS under the redesignation 
of Sudan.
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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 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 Sudan designated for TPS?

    Sudan was initially designated for TPS on November 4, 1997, on the 
dual bases of ongoing armed conflict and extraordinary and temporary 
conditions in Sudan that prevented nationals of Sudan from safely 
returning.\2\ Sudan's designation was extended and/or it was 
redesignated numerous times from its initial designation in 1997 until 
former Acting Secretary of Homeland Security Elaine Duke provided 
notice in the Federal Register on October 11, 2017, that she was 
terminating Sudan's TPS designation, effective November 2, 2018.\3\
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    \2\ Designation of Sudan Under Temporary Protected Status, 62 FR 
59737 (Nov. 4, 1997).
    \3\ Termination of the Designation of Sudan for Temporary 
Protected Status, 82 FR 47228 (Oct. 11, 2017).
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    The termination of Sudan's TPS designation has been challenged in 
several lawsuits, and court orders require DHS to continue TPS for 
Sudan temporarily pending further court order.\4\ In April 2022, 
Secretary

[[Page 56866]]

Mayorkas newly designated Sudan on the basis of extraordinary and 
temporary conditions effective April 19, 2022, through October 19, 
2023.\5\
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    \4\ On June 29, 2023, the Ninth Circuit granted the Secretary's 
motion for voluntary dismissal of the appeal of the injunction. See 
Ramos v. Wolf, 2023 WL 4363667 (June 29, 2023) (No. 18-16981). The 
Department of Homeland Security (DHS) is continuing its compliance 
with the preliminary injunction order of the U.S. District Court for 
the Northern District of California in Ramos v. Nielsen, No. 18-cv-
01554 (N.D. Cal. Oct. 3, 2018).
    \5\ Designation of Sudan for Temporary Protected Status, 87 FR 
23202 (Apr. 19, 2022).
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What authority does the Secretary have to extend the designation of 
Sudan 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.\6\ The 
decision to designate any foreign state (or part thereof) is a 
discretionary decision, and there is no judicial review of any 
determination with respect to the designation, termination, or 
extension of a designation. See INA section 244(b)(5)(A); 8 U.S.C. 
1254a(b)(5)(A). The Secretary, in his or her discretion, may then grant 
TPS to eligible nationals of that foreign state (or individuals having 
no nationality who last habitually resided in the designated foreign 
state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \6\ 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, Public Law 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).
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    At least 60 days before the expiration of a foreign state's TPS 
designation or extension, the Secretary, after consultation with 
appropriate U.S. Government agencies, must review the conditions in the 
foreign state designated for TPS to determine whether they continue to 
meet the conditions for the TPS designation. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that 
the foreign state continues to meet the conditions for TPS designation, 
the designation will be extended for an additional period of 6 months 
or, in the Secretary's discretion, 12 or 18 months. See INA section 
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary 
determines that the foreign state no longer meets the conditions for 
TPS designation, the Secretary must terminate the designation. See INA 
section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

What is the Secretary's authority to redesignate Sudan 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 section 
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 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).\7\
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    \7\ The extension and redesignation of TPS for Sudan 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 Redesignation 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 section 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 Sudan 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 Sudan. See INA section 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 Sudan. 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 Sudan and 
simultaneously redesignating Sudan for TPS through April 19, 2025?

    DHS has reviewed country conditions in Sudan. 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 extraordinary and temporary conditions supporting 
Sudan's TPS designation remain. The Secretary has further determined 
that redesignating Sudan for TPS under INA section 244(b)(1)(A), 8 
U.S.C. 1254a(b)(1)(A) and INA section 244(b)(1)(C), 8 U.S.C. 
1254a(b)(3)(C) due to the ongoing armed conflict and continuing 
extraordinary and temporary conditions is warranted. The Secretary is 
accordingly updating the ``continuous residence'' and ``continuous 
physical presence'' dates that applicants must meet to be eligible for 
TPS.

Overview

    Sudan is enduring an ongoing armed conflict and a humanitarian 
crisis in which millions of individuals are exposed to violence, 
illness, and forced displacement. On April 15, 2023, violent armed 
conflict between the Sudanese Armed Forces (SAF) and the Rapid Support 
Forces (RSF) \8\ erupted in Sudan killing hundreds of people, driving 
more than 700,000 persons to flee to other countries.\9\
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    \8\ Rapid Support Forces (RSF) is a paramilitary force 
established in 2013 by former President al-Bashir. It was 
``fashioned out of Janjaweed militias and was assembled in response 
to anti-government rebel movements in Darfur.'' It has also been 
accused of ``a myriad of human rights abuses in Darfur and 
elsewhere.'' The Rapid Support Forces and the Escalation of Violence 
in Sudan, ACLED, July 2, 2019, acleddata.com/2019/07/02/the-rapid-support-forces-and-the-escalation-of-violence-in-sudan/ (last 
visited May 10, 2023). ``In January 2015, the Rapid Support Forces, 
which had been operating under the command of the National 
Intelligence Security Services, became part of the regular 
government forces through a constitutional amendment. In April 2015, 
the RSF were placed under the command of the Presidency. In January 
2017, the Parliament passed the Rapid Support Forces Act, 
integrating those forces into the Sudan Armed Forces.'' Report of 
the Secretary--General on children and armed conflict in Sudan, UN 
Security Council, March 6, 2017, pg. 3, https://reliefweb.int/report/sudan/report-secretary-general-children-and-armed-conflict-sudan-s2017191-enar (last visited July 24, 2023).
    \9\ Aidan Lewis, What is happening in Sudan? Fighting in 
Khartoum explained, updated July 13, 2023, https://www.reuters.com/world/africa/whats-behind-sudans-crisis-2023-04-17/ (last visited 
July 24, 2023); Dozens of civilians are dead as rival military 
factions batter for control of Sudan, National Public Radio, April 
17, 2023, https://www.npr.org/2023/04/16/1170289462/sudans-army-and-rsf-are-doing-battle-leaving-56-civilians-dead (last visited April 
17, 2023).

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[[Page 56867]]

    This recent armed conflict stems from events occurring in April 
2019 when, after 30 years in power, Sudan's then-President Omar al-
Bashir was removed from office.\10\ In August 2019, a transitional 
government \11\ comprised of military and civilian members was 
established in Sudan, that was eventually dissolved in October 
2021.\12\ Since that time, Sudan has continued to face political 
instability and power struggles.\13\ In February 2023, the United 
Nations (UN) Panel of Experts on the Sudan reported that Sudan 
continued to face a ``political crisis at the national level, with 
regular demonstrations against the rule of the military.'' \14\
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    \10\ Susan Stigant; Elizabeth Murray, After Bashir, A New Dawn 
in Sudan? U.S. Institute of Peace, April 17, 2019, https://www.usip.org/publications/2019/04/after-bashir-new-dawn-sudan-part-1 
(last visited April 17, 2023).
    \11\ Susan Stigant; Elizabeth Murray, After Bashir, A New Dawn 
in Sudan? U.S. Institute of Peace, April 17, 2019, https://www.usip.org/publications/2019/04/after-bashir-new-dawn-sudan-part-1 
(last visited April 17, 2023).
    \12\ 2022 Country Reports on Human Rights Practices: Sudan, U.S. 
Department of State, March 20, 2023, pg. 1, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/sudan/ (last 
visited July 24, 2023).
    \13\ See 2022 Country Reports on Human Rights Practices: Sudan, 
U.S. Department of State, March 20, 2023, https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/sudan/ (last 
visited July 24, 2023); see also Sudan strongman is seen as an 
insider with powerful allies, AP News, October 27, 2021, https://apnews.com/article/sudan-who-is-abdel-fattah-burhan-3f2d4d660fabf1b526f09f04808af7c8 (last visited April 17, 2023); see 
also 2019 Country Reports on Human Rights Practices: Sudan, U.S. 
Department of State, March 30, 2020, pg. 2, https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/ (last 
visited April 17, 2023); see also Appetite for Destruction: The 
Military Counterrevolution in Sudan, ACLED, October 29, 2021, 
https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/ (last visited April 7, 2023); see also Watch List 
2022; Sudan: Toward a Reset for the Transition, International Crisis 
Group, January 27, 2022, https://www.ecoi.net/en/document/2069005.html (last visited March 29, 2023).
    \14\ Letter dated 7 February 2023 from the Panel of Experts on 
the Sudan addressed to the President of the Security Council; Final 
report of the Panel of Experts on the Sudan, UN Security Council, 
February 7, 2023, pg. 8, available at https://www.ecoi.net/en/file/local/2087153/N2303752.pdf (last visited March 29, 2023).
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Recent Armed Conflict

    The armed conflict that erupted on April 15, 2023, started in the 
capital, Khartoum, but has spread across Sudan.\15\ Fighting between 
the SAF and the RSF has included the use of tanks, artillery, rockets, 
and, in the case of the SAF, air-delivered munitions, which has 
resulted to harm to civilians in Khartoum and elsewhere.\16\ The UN 
Assistant Secretary for Humanitarian Affairs reported that the 
humanitarian crisis in Sudan was ``quickly turning into a 
catastrophe.'' \17\ As of April 25, 2023, more than 450 people had been 
killed, more than 4,000 had been injured, at least 20 hospitals had 
been forced to close due to damage, military use, or lack of resources, 
power cuts and fuel shortages risked damaging vaccine stocks and water 
supplies, a precursor for the spread of disease, and there had been 
numerous reports of gender-based violence, including sexual 
violence.\18\ Additionally, reports indicate that the most recent 
fighting has resulted in tens of thousands of people fleeing from their 
homes, for neighboring cities and countries, including Chad, Egypt, and 
South Sudan.\19\ Insecurity and criminality in Sudan is on the rise, 
and reports indicate that thousands of inmates were freed outright from 
prison.\20\ This has resulted in a growing sense of lawlessness in the 
capital of Khartoum, and residents have reported widespread looting and 
gangs roaming the streets.\21\
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    \15\ Human Rights Watch, Sudan: Explosive Weapons Harming 
Civilians, May 4, 2023, https://www.hrw.org/news/2023/05/04/sudan-explosive-weapons-harming-civilians (last visited May 10, 2023).
    \16\ Human Rights Watch, Sudan: Explosive Weapons Harming 
Civilians, May 4, 2023, https://www.hrw.org/news/2023/05/04/sudan-explosive-weapons-harming-civilians (last visited May 10, 2023).
    \17\ Assistant Secretary-General for Humanitarian Affairs and 
Deputy Emergency Relief Coordinator Ms. Joyce Msuya: Briefing to the 
Security Council on the Humanitarian Situation in Sudan, UNOCHA, 
April 25, 2023, https://reliefweb.int/report/sudan/assistant-secretary-general-humanitarian-affairs-and-deputy-emergency-relief-coordinator-ms-joyce-msuya-briefing-security-council-humanitarian-situation-sudan-new-york-25-april-2023 (last visited April 26, 
2023).
    \18\ Assistant Secretary-General for Humanitarian Affairs and 
Deputy Emergency Relief Coordinator Ms. Joyce Msuya: Briefing to the 
Security Council on the Humanitarian Situation in Sudan, UNOCHA, 
April 25, 2023, https://reliefweb.int/report/sudan/assistant-secretary-general-humanitarian-affairs-and-deputy-emergency-relief-coordinator-ms-joyce-msuya-briefing-security-council-humanitarian-situation-sudan-new-york-25-april-2023 (last visited April 26, 
2023).
    \19\ Abdi Latif Dahir, Violence in Sudan Cuts Through Shaky 
U.S.-Brokered Cease-Fire, The New York Times, April 25, 2023, 
https://www.nytimes.com/2023/04/25/world/africa/sudan-fighting-cease-fire.html (last visited April 26, 2023).
    \20\ Reuters, Factbox: Sudan's Bashir and allies out of jail, 
fighting flares, April 26, 2023, https://www.reuters.com/world/africa/sudans-bashir-whereabouts-unknown-after-associates-prison-escape-2023-04-26 (last visited April 27, 2023).
    \21\ VOA Africa, Al-Bashir Crew Breakout Bodes Ill for Sudan, 
Voice of America, April 26, 2023, https://www.voaafrica.com/a/al-bashir-crew-breakout-bodes-ill-for-sudan/7066645.html (last visited 
April 26, 2023).
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    Due to the outbreak of fighting, foreign governments evacuated 
thousands of diplomats and private citizens.\22\ The U.S. government 
assisted U.S. citizens, locally employed staff, and nationals from 
allied and partner countries to evacuate Sudan and has taken extensive 
efforts to contact U.S. citizens in Sudan and enable the departure of 
those who wished to leave.\23\ Additionally, the U.S. government has 
issued a ``Level 4: Do Not Travel'' advisory for Sudan due to armed 
conflict, civil unrest, crime, terrorism, and kidnapping.\24\
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    \22\ Reuters, Factbox: Countries rush to evacuate foreign 
citizens from Sudan, April 25, 2023, https://www.reuters.com/world/africa/countries-scramble-evacuate-foreign-citizens-sudan-2023-04-25 
(last visited April 26, 2023).
    \23\ U.S. Dep't of State, Press Statement, Evacuation Efforts of 
U.S. Citizens From Sudan, April 29, 2023, https://www.state.gov/evacuation-efforts-of-u-s-citizens-from-sudan/.
    \24\ U.S. Dep't of State, Sudan Travel Advisory, April 22, 2023, 
https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/sudan-travel-advisory.html.
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Humanitarian Concerns

    ``Even before the current fighting began, humanitarian needs across 
Sudan had reached record levels, with 15.8 million people--about a 
third of the total population--requiring humanitarian assistance this 
year [2023].\25\ The latest violence has led to acute shortages of 
food, water, medicines and fuel, while the price of essential items, 
including transport, have skyrocketed.'' \26\ The United Nations 
Integrated Transition Assistance Mission in Sudan (UNITAMS) reported in 
September 2022 that ``[h]umanitarian needs have grown exponentially in 
the Sudan because of conflict, the political and economic crisis, 
increased insecurity and localized violence, and protracted internal 
displacement still lacking durable solutions, coupled with dry spells, 
floods and disease outbreaks.'' \27\ Additionally, according to the 
World Food Program (WFP), over 15 million people were food insecure in 
2022.\28\ In September 2022, the UN

[[Page 56868]]

reported that ``[a]lmost one quarter of the population is estimated to 
be facing acute hunger during the lean season from June to September.'' 
\29\ In addition, flooding and dry spells in successive years have 
affected property, infrastructure, and crops, resulting in forced 
displacement and livestock losses.\30\ Flash floods have also led to 
contamination of water supplies and increased cases of diarrhea and 
cholera.\31\ Sudan's health system remains exceptionally fragile and 
faces difficulties over inadequate supplies of medicines and medical 
items.\32\ According to the United Nations Office for the Coordination 
of Humanitarian Affairs (UNOCHA), the current level of health personnel 
staffing (doctors, nurses, and midwives) can only cater to 17 percent 
of Sudan's population.\33\
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    \25\ UN News, Background to a crisis: In Sudan, the stakes are 
high for the whole of Africa, Apr. 28, 2023, https://news.un.org/en/story/2023/04/1136187?gclid=CjwKCAjwge2iBhBBEiwAfXDBR2pyoM7HB8ImtmbdANXbBou4gGeMYaruPqrxoL9aal25EC8sI52TpRoCnwwQAvD_BwE (last visited May 10, 2023).
    \26\ UN News, Background to a crisis: In Sudan, the stakes are 
high for the whole of Africa, April 28, 2023, https://news.un.org/en/story/2023/04/1136187?gclid=CjwKCAjwge2iBhBBEiwAfXDBR2pyoM7HB8ImtmbdANXbBou4gGeMYaruPqrxoL9aal25EC8sI52TpRoCnwwQAvD_BwE (last visited May 10, 2023).
    \27\ Situation in Sudan and the activities of the UNITAMS, UN 
Security Council, September 2, 2022, pg. 15, https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf (last visited July 24, 2023).
    \28\ Sudan Annual Report 2022: Country Strategic Plan 2019-2023, 
World Food Programme, Pg. 3, https://reliefweb.int/report/sudan/sudan-annual-country-report-2022-country-strategic-plan-2019-2023 
(last visited March 23, 2023).
    \29\ Situation in Sudan and the activities of the UNITAMS, UN 
Security Council, September 2, 2022, pg. 7 https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf (last visited March 29, 2023).
    \30\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2, 
2022, pg. 27, https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022 (last visited April 7, 2023).
    \31\ Sudan: Humanitarian Key Messages (February 2023), UNOCHA, 
February 26, 2023, https://reliefweb.int/report/sudan/sudan-humanitarian-key-messages-february-2023 (last visited April 11, 
2023).
    \32\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2, 
2022, pg. 20, https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022 (last visited April 7, 2023).
    \33\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2, 
2022, pg. 22, https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022 (last visited April 7, 2023).
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    Prior to the recent conflict, there were 3.8 million internally 
displaced persons (IDPs) in Sudan, and this figure has increased since 
the conflict began in April 2023.\34\ Living conditions for IDPs remain 
dire, as ``IDPs and [vulnerable] residents were displaced multiple 
times; they were traumatized, physically abused, injured; or lost 
family members, personal belongings, shelters, villages and access to 
land, water points and firewood collection.'' \35\ UNOCHA reported in 
November 2022 that the majority of IDPs continue to reside in temporary 
sites, and are unable to return to their homes or previous displacement 
sites due to security concerns.\36\
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    \34\ International Organization for Migration (IOM), DTM Sudan--
Situation Report (16), Aug 8, 2023, https://dtm.iom.int/reports/dtm-sudan-situation-report-16 (last visited Aug. 9, 2023).
    \35\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2, 
2022, Pg. 31, https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022 (last visited April 7, 2023).
    \36\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2, 
2022, Pg. 31, https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022 (last visited April 7, 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 Sudan'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 continue to be extraordinary and temporary 
conditions in Sudan that prevent Sudanese nationals (or individuals 
having no nationality who last habitually resided in Sudan) from 
returning to Sudan in safety, and it is not contrary to the national 
interest of the United States to permit Sudanese TPS beneficiaries to 
remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8 
U.S.C. 1254a(b)(1)(C).
     There is an ongoing armed conflict in Sudan and, due to 
such conflict, requiring the return to Sudan of Sudanese nationals (or 
individuals having no nationality who last habitually resided in Sudan) 
would pose a serious threat to their personal safety. See INA sec. 
244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
     The designation of Sudan 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, Sudan should be 
simultaneously extended and redesignated for TPS beginning on October 
20, 2023, and ending on April 19, 2025. 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 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 Sudan for TPS.
     There are approximately 1,200 current Sudan TPS 
beneficiaries who are eligible to re-register for TPS under the 
extension.
     It is estimated that approximately 2,750 additional 
individuals may be eligible for TPS under the redesignation of Sudan. 
This population includes Sudanese nationals in the United States in 
nonimmigrant status or without immigration status.

Notice of the Designation of Sudan 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 Sudan's designation for TPS on the dual bases of ongoing 
armed conflict and extraordinary and temporary conditions are met and 
it is not contrary to the national interest of the United States to 
permit Sudanese TPS beneficiaries to remain in the United States 
temporarily. 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 Sudan for TPS for 18 months, 
beginning on October 20, 2023, and ending on April 19, 2025, and 
redesignating Sudan 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 for TPS based on the designation of Sudan, 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 Employment Authorization 
Document (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 Sudan 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-

[[Page 56869]]

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). In addition, the form 
instructions for the Form I-821 and Form I-765 provide further 
information on requirements and fees for both initial TPS applicants 
and existing TPS beneficiaries who are re-registering.

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 Sudanese 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 Receiving 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 Sudan's 
designation to file Form I-821 and related requests for EADs online or 
by mail. However, if you request a fee waiver, you must submit your 
application 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.\37\ To file these forms online, you must first create a 
USCIS online account.\38\
---------------------------------------------------------------------------

    \37\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \38\ 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
------------------------------------------------------------------------
                All states                    Mail your application to:
------------------------------------------------------------------------
U.S. Postal Service USPS:                   USCIS, Attn: TPS Sudan, P.O.
                                             Box 6943, Chicago, IL 60680-
                                             6943.
FedEx, UPS, and DHL deliveries:             USCIS, Attn: TPS Sudan (Box
                                             6943), 131 S. Dearborn 3rd
                                             Floor, Chicago, IL 60603-
                                             5517.
------------------------------------------------------------------------

    If you were granted TPS by an immigration judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD, please 
file online or mail your Form I-765 application to the appropriate 
mailing address in Table 1. 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 ``Sudan.''

Travel

    TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion. You must file for travel 
authorization if you wish to travel outside of the United States. If 
granted, travel authorization gives you permission to leave the United 
States and return during a specific period. To request travel 
authorization, you must file Form I-131, Application for Travel 
Document, available at https://www.uscis.gov/i-131. You may file Form 
I-131 together with your Form I-821 or separately. When filing 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 I-   The address provided in
 821, Application for Temporary Protected    Table 1.
 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
 the U.S. Postal Service (USPS):             75266-0867.
    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
 approved Form I-821, and you are using      S. State Hwy. 121 Business,
 FedEx, UPS, or DHL:                         Ste. 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,

[[Page 56870]]

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 Sudan 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 Sudan 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-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 Sudanese 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 Sudanese 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.

[[Page 56871]]

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 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] or get more information online at www.justice.gov/ier.

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 U.S. Department of Justice, Civil Rights Division, 
Immigrant and Employee Rights Section (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/

[[Page 56872]]

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 Sudan;
     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. 2023-17877 Filed 8-18-23; 8:45 am]
BILLING CODE 9111-97-P