[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Notices]
[Pages 65728-65737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20791]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2755-23; DHS Docket No. USCIS-2022-0004]
RIN 1615-ZB94
Extension and Redesignation of Afghanistan 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 Afghanistan for Temporary Protected Status
(TPS) for 18 months, beginning on November 21, 2023, and ending on May
20, 2025. This extension allows existing TPS beneficiaries to retain
TPS through May 20, 2025, so long as they otherwise continue to meet
the eligibility requirements for TPS. Existing TPS beneficiaries who
wish to extend their status through May 20, 2025, must re-register
during the 60-day re-registration period described in this notice. The
Secretary is also redesignating Afghanistan for TPS. The redesignation
of Afghanistan allows additional Afghan nationals (and individuals
having no nationality who last habitually resided in Afghanistan) who
have been continuously residing in the United States since September
20, 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 September 20, 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 November 21, 2023, the effective date of this
redesignation of Afghanistan for TPS.
DATES:
Extension of Designation of Afghanistan for TPS: The 18-month
designation of Afghanistan for TPS begins on November 21, 2023, and
will remain in effect for 18 months, ending on May 20, 2025. The
extension impacts existing beneficiaries of TPS.
Re-Registration: The 60-day re-registration period for existing
beneficiaries runs from September 25, 2023 through November 24, 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 Afghanistan for TPS: The 18-month redesignation of
Afghanistan for TPS begins on November 21, 2023, and will remain in
effect for 18 months, ending on May 20, 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 Afghanistan TPS redesignation begins on September
25, 2023 and will remain in effect through May 20, 2025.
FOR FURTHER INFORMATION CONTACT:
You may contact Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs
[[Page 65729]]
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 Afghanistan's TPS designation by selecting
Afghanistan 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 Afghanistan (or individuals having no nationality who last
habitually resided in Afghanistan) 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 Afghanistan 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
Afghanistan's designation, the 60-day re-registration period runs from
September 25, 2023 through November 24, 2023. USCIS will issue new EADs
with a May 20, 2025, expiration date to eligible Afghan 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 Afghanistan through
November 20, 2024. Therefore, as proof of continued employment
authorization through November 20, 2024, TPS beneficiaries can show
their EADs that have the notation A-12 or C-19 under Category and a
``Card Expires'' date of November 20, 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 an Afghanistan TPS application (Form I-821)
and/or Application for Employment Authorization (Form I-765) that was
still pending as of September 25, 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 May 20, 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 approximately 3,100 beneficiaries under Afghanistan'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 September 25, 2023 and runs through the full
length of the redesignation period ending May 20, 2025. In addition to
demonstrating continuous residence in the United States since September
20, 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 November 21,
2023,\1\ the effective date of this redesignation of Afghanistan,
before USCIS may grant them TPS. DHS estimates that approximately
14,600 individuals may become newly eligible for TPS under the
redesignation of Afghanistan.
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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 sec. 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
[[Page 65730]]
long as it is still valid beyond the date TPS terminates.
When was Afghanistan designated for TPS?
Afghanistan was initially designated on the basis of ongoing armed
conflict and extraordinary and temporary conditions in Afghanistan that
prevented nationals of Afghanistan from returning in safety. See
Designation of Afghanistan for Temporary Protected Status, 87 FR 30976
(May 20, 2022).
What authority does the Secretary have to extend the designation for
Afghanistan 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, 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).
\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 Afghanistan 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 Afghanistan 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 Afghanistan shall be September 20, 2023. Initial
applicants for TPS under this redesignation must also show they have
been ``continuously physically present'' in the United States since
November 21, 2023, which is the effective date of the Secretary's
redesignation of Afghanistan. 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
November 21, 2023, the effective date of this redesignation for
Afghanistan. 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 Afghanistan and
simultaneously redesignating Afghanistan for TPS through May 20, 2025?
DHS has reviewed country conditions in Afghanistan. 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 Afghanistan's TPS designation remain.
The Secretary has further determined that redesignating Afghanistan 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
Since the August 2021 Taliban takeover of Afghanistan, armed
conflict and insurgency continue to cause insecurity and widespread
harm throughout the country.\5\ The U.S. Department of State describes
ongoing human rights abuses, widespread disregard for law, and a
climate of fear of retribution against those who are perceived to
oppose the Taliban.\6\ The Taliban continue to be viewed as both ill-
equipped and unwilling to meet the country's numerous challenges
including the current security situation, economic insecurity, and
respect for human rights.\7\ The World Bank described the situation in
Afghanistan as ``grim,'' finding significant instability in food
security, healthcare, and general welfare for women and girls.\8\
Ongoing
[[Page 65731]]
armed conflict in Afghanistan also poses a serious threat to the safety
of nationals returning to Afghanistan. Extraordinary and temporary
conditions, including lack of access to food, clean water, and
healthcare, as well as destroyed infrastructure, internal displacement,
and economic instability continue to prevent Afghan nationals from
returning to their homeland in safety.
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\5\ U.S. Department of State, 2022 Country Report on Human
Rights Practices: Afghanistan, Mar. 20, 2023, available at: https://www.ecoi.net/en/document/2089060.html (last visited: June 8, 2023).
\6\ U.S. Department of State, 2022 Country Report on Human
Rights Practices: Afghanistan, Mar. 20, 2023, available at: https://www.ecoi.net/en/document/2089060.html (last visited: June 8, 2023).
\7\ Lindsay Maizland, The Taliban in Afghanistan, Council on
Foreign Relations (CFR), Jan. 19, 2023, available at: https://www.cfr.org/backgrounder/taliban-afghanistan (last visited: May 5,
2023).
\8\ The World Bank, World Bank Survey: Living Conditions Remain
Dire for the Afghan People, Nov. 22, 2022, available at: https://www.worldbank.org/en/news/press-release/2022/11/22/world-bank-survey-living-conditions-remain-dire-for-the-afghan-people (last
visited: June 8, 2023).
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Scale and Impact of Conflict
While overall violent conflict has decreased since the Taliban
takeover of Afghanistan, armed conflict continues between the Taliban
and the Islamic State in Khorasan Province (ISKP), and violence by the
Taliban and the ISKP against the general population persists.\9\ ISKP
is a U.S. designated terrorist group and transnational affiliate of the
Islamic State militant group that seeks to control Central and South
Asia to establish a caliphate.\10\ It is engaged in armed conflict with
the Taliban, and continues to conduct attacks against Taliban fighters,
civilians, and protected sites, including mosques.\11\ The Taliban
continue to fight ISKP in the east and north.\12\ ISKP, an Islamic
State affiliate active since approximately 2014, continues to pose a
risk to security and safety in Afghanistan.\13\ Since August 2021, ISKP
has rejected Taliban legitimacy and escalated attacks against them
across the country.\14\ In mid-2022, ISKP conducted multiple attacks on
primarily civilian targets in Kunduz and Mazar-i-Sharif.\15\ Within
Afghanistan, ISKP attacks are mostly aimed at Taliban targets and
minority groups, especially Hazaras.\16\ While ISKP does not control
territory in Afghanistan, their recent escalation of attacks
contributes to the ongoing security crisis in the country.\17\
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\9\ International Crisis Group, Afghanistan's Security
Challenges under the Taliban, Aug. 12, 2022, available at: https://www.crisisgroup.org/asia/south-asia/afghanistan/afghanistans-security-challenges-under-taliban (last visited May 6, 2023); Human
Rights Watch, World Report 2023--Afghanistan, Jan. 12, 2023,
available at: https://www.ecoi.net/en/document/2085369.html (last
visited: June 8, 2023).
\10\ See U.S. Dep't. of State, Foreign Terrorist Organizations,
Bureau of Counterterrorism, available at https://www.state.gov/foreign-terrorist-organizations/ (last visited Sept. 18, 2023); U.S.
Dep't. of State, 2022 Report on International Religious Freedom:
Afghanistan, May 15, 2023, available at https://www.state.gov/reports/2022-report-on-international-religious-freedom/afghanistan/
(last visited Sept. 18, 2023); European Union Agency for Asylum, 1.4
Islamic State Khorasan Province ISKP), available at https://euaa.europa.eu/country-guidance-afghanistan-2022/14-islamic-state-khorasan-province-iskp (last visited Sept. 18, 2023).
\11\ U.S. Dep't. of State, 2022 Report on International
Religious Freedom: Afghanistan, May 15, 2023, available at https://www.state.gov/reports/2022-report-on-international-religious-freedom/afghanistan/ (last visited Sept. 18, 2023); Eliza
Mackintosh, Ehsan Popalzai, Antonio Jarne and Lou Robinso, `No one
feels safe'': The Taliban promised to provide security to Afghans.
New data shows threat from ISIS is growing, CNN, May 19, 2023,
available at https://www.cnn.com/2023/05/19/asia/isis-k-attacks-afghanistan-taliban-cmd-intl/index.html (last visited Sept. 18,
2023).
\12\ International Crisis Group, Afghanistan's Security
Challenges under the Taliban, Aug. 12, 2022, available at: https://www.crisisgroup.org/asia/south-asia/afghanistan/afghanistans-security-challenges-under-taliban (last visited May 6, 2023); Human
Rights Watch, World Report 2023--Afghanistan, Jan. 12, 2023,
available at: https://www.ecoi.net/en/document/2085369.html (last
visited: June 8, 2023).
\13\ Austrian Centre for Country of Origin and Asylum Research
and Documentation, Ecoi.net Featured Topic on Afghanistan: Overview
of recent developments and key players in Afghanistan, May 17, 2023,
available at: https://www.ecoi.net/en/document/2092065.html (last
visited: June 9, 2023).
\14\ European Union Agency for Asylum, Afghanistan Security
Information, Jan. 2023, available at: https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf (last
visited: June 9, 2023).
\15\ European Union Agency for Asylum, Afghanistan Security
Information, Jan. 2023, available at: https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf (last
visited: June 9, 2023).
\16\ European Union Agency for Asylum, Afghanistan Security
Information, Jan. 2023, available at: https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf (last
visited: June 9, 2023); Michael Kugelman, How Dangerous is the
Islamic State-Khorasan?, Foreign Policy, Mar. 23, 2023, available
at: https://foreignpolicy.com/2023/03/23/afghanistan-islamic-state-khorasan-centcom-warning-threat/ (last visited: June 9, 2023).
\17\ European Union Agency for Asylum, Afghanistan Security
Information, Jan. 2023, available at: https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf (last
visited: June 9, 2023).
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Human Rights Abuses
Since the Taliban takeover of Afghanistan, they have struggled to
stabilize the country and, in an effort to exert control, they imposed
their interpretation of sharia law, enacted harsh punishments against
the population, and undermined the enjoyment of human rights.\18\
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\18\ Amnesty International, Amnesty International Report 2022/
23; The State of the World's Human Rights; Afghanistan 2022, Mar.
27, 2023, available at: https://www.ecoi.net/en/document/2089394.html (last visited June 9, 2023).
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The human rights situation in Afghanistan was recently described as
a worsening crisis, with the United Nations Special Rapporteur on the
situation of human rights in Afghanistan encouraging the International
Criminal Court (ICC) to ``take note of the unprecedented deterioration
of women's rights . . . and that the Prosecutor consider the crime of
gender persecution in Afghanistan.\19\ Resistance to the Taliban has
led to an aggressive response from the Taliban, including summary
killings, disappearances, information blackouts, and physical
abuse.\20\ Afghanistan under the Taliban remains extremely repressive,
particularly with respect to the meaningful participation of women in
all aspects of public and private life and the exercise of freedom of
religion or belief. Gender-based violence, including sexual violence
against women and girls, occurs regularly.\21\ Hazaras, members of an
ethnic and religious minority, have experienced harm in the form of
forcible evictions, threats, physical harm, and attacks on religious
institutions and education centers.\22\ In September 2022, Human Rights
Watch reported that attacks on members of the Hazara community are
``systematic in nature and reflect elements of an organizational
policy.'' \23\ Former employees of the prior Afghan government also
continue to face reprisals. Human Rights Watch reported on the killings
and disappearances of 47 members of the Afghan National Security Forces
(ANSF) in late 2022 and the U.N. found that family members of former
Afghan security forces were also targeted by elements of the
Taliban.\24\
[[Page 65732]]
The Taliban have arrested activists and journalists who criticized them
on media platforms and raided offices of nongovernmental
organizations.\25\ Human rights abuses against perceived opponents have
been particularly violent after protests, with the Taliban using live
ammunition, whips, and electroshock weapons to disperse crowds.\26\
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\19\ UNHCR, A/HRC/52/84: Situation of human rights in
Afghanistan--Report of the Special Rapporteur on the situation of
human rights in Afghanistan, Richard Bennett, Feb. 09, 2023,
available at: https://www.ohchr.org/en/documents/country-reports/ahrc5284-situation-human-rights-afghanistan-report-special-rapporteur (last visited: June 9, 2023).
\20\ Austrian Centre for Country of Origin and Asylum Research
and Documentation, Ecoi.net Featured Topic on Afghanistan: Overview
of recent developments and key players in Afghanistan, May 17, 2023,
available at: https://www.ecoi.net/en/document/2092065.html (last
visited: June 9, 2023).
\21\ Fereshta Abbasi, What are the main challenges to women and
girls' rights in Afghanistan?, Human Rights Watch, Mar. 9, 2023,
available at: https://apnews.com/article/taliban-afghanistan-women-rights-united-nations-591c39436d53f83e5a0c423c5e06891c (last
visited: May 12, 2023); UNHCR, A/HRC/52/84: Situation of human
rights in Afghanistan--Report of the Special Rapporteur on the
situation of human rights in Afghanistan, Richard Bennett, Feb. 09,
2023, available at: https://www.ohchr.org/en/documents/country-reports/ahrc5284-situation-human-rights-afghanistan-report-special-rapporteur (last visited: June 9, 2023).
\22\ U.S. Department of State, 2022 Report on International
Religious Freedom: Afghanistan, May 15, 2023, available at: https://www.ecoi.net/en/document/2091855.html (last visited: June 9, 2023).
\23\ Human Rights Watch, Afghanistan: ISIS Group Targets
Religious Minorities, Sept. 6, 2022, available at https://www.hrw.org/news/2022/09/06/afghanistan-isis-group-targets-religious-minorities (last visited August 21, 2023).
\24\ Austrian Centre for Country of Origin and Asylum Research
and Documentation, Ecoi.net Featured Topic on Afghanistan: Overview
of recent developments and key players in Afghanistan, May 17, 2023,
available at: https://www.ecoi.net/en/document/2092065.html (last
visited: June 9, 2023).
\25\ European Union Agency for Asylum, Country Guidance:
Afghanistan; January 2023, Jan. 2023, Available at: https://www.ecoi.net/en/file/local/2086795/2023_Country_Guidance_Afghanistan_EN.pdf (last visited: June 9,
2023).
\26\ European Union Agency for Asylum, Country Guidance:
Afghanistan; January 2023, Jan. 2023, Available at: https://www.ecoi.net/en/file/local/2086795/2023_Country_Guidance_Afghanistan_EN.pdf (last visited: June 9,
2023).
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Humanitarian Situation
The humanitarian situation in Afghanistan is dire, with 15 million
people facing acute food insecurity, as well as limited access to clean
water and healthcare, destruction of infrastructure, and economic
instability.\27\ As a result of the Taliban takeover and ongoing
violence, internal displacement has also skyrocketed in
Afghanistan.\28\ Afghanistan is currently experiencing one of the
world's worst humanitarian disasters, with more than two thirds of the
population, 29.2 million people, requiring humanitarian assistance.\29\
The U.N. World Food Programme found that Afghanistan is at ``the
highest risk of famine in a quarter of a century, with half of all
families living in crisis-coping mode'' and since August 2022, ``nine
out of 10 Afghan families cannot afford enough food--the highest in the
world.'' \30\ In addition, a recent Whole of Afghanistan Assessment
found that 79 percent of households lack enough water for daily
needs.\31\ Afghanistan's healthcare system is currently struggling and
hospitals that are still functioning do so with few supplies and
massive staff shortages, as many medical personnel have fled the
unstable country and previously provided development assistance in the
healthcare sector has been suspended since the Taliban takeover.\32\
The Taliban targeted attacks at vital infrastructure, including power
stations, roads, and cell phone towers, and since the suspension of
international support, civilian infrastructure maintenance has
deteriorated.\33\ More than 1.6 million Afghans fled the country since
2021, with Iran and Pakistan hosting 85 percent of displaced
Afghans.\34\ There are also approximately 3.25 million internally
displaced persons (IDPs) due to conflict and violence.\35\ Economic
instability has added to the deepening humanitarian crisis in
Afghanistan. Due to the economic collapse, high inflation, and
difficulty in finding stable jobs, an estimated 1 million children are
working in Afghanistan, a number that soared since the Taliban
takeover.\36\ This ongoing humanitarian crisis is an extraordinary and
temporary condition that makes it difficult for Afghan nationals to
safely return to their country.
---------------------------------------------------------------------------
\27\ Human Rights Watch, Afghanistan: Economic Roots of the
Humanitarian Crisis, Mar. 1, 2022, available at: https://www.hrw.org/news/2022/03/01/afghanistan-economic-roots-humanitarian-crisis (last visited: June 9, 2023); World Food Programme, WFP
Afghanistan; Situation Report; 31 July, 2023, July 31, 2023,
available at: https://reliefweb.int/attachments/bb0a5390-5198-4194-b87d-c8a78cd42e22/20230524%20AFG%20External% 20Sitrep.pdf (last
visited: Sept. 15, 2023).
\28\ Internal Displacement Monitoring Centre, Country Profile:
Afghanistan, May 24, 2023, available at: https://www.internal-displacement.org/countries/afghanistan (last visited: June 9, 2023).
\29\ Human Rights Watch, Hard Choices in Afghanistan's
Humanitarian Crisis, May 15, 2023, available at: https://
www.hrw.org/news/2023/05/15/hard-choices-afghanistans-humanitarian-
crisis#:~:text=Afghanistan%20has%20largely%
20disappeared%20from,girls%20remain%20most%20at%20risk. (last
visited: June 9, 2023); ReliefWeb, Funding drought forces UN food
agency to cut rations in Afghanistan, Mar. 17, 2023, available at:
https://reliefweb.int/report/afghanistan/funding-drought-forces-un-food-agency-cut-rations-afghanistan (last visited: May 12, 2023); UN
OCHA, Revised Humanitarian Response Plan, June 12, 2023, available
at https://reliefweb.int/report/afghanistan/afghanistan-revised-humanitarian-response-plan-jun-dec-2023 (last visited Sept. 15,
2023).
\30\ ReliefWeb, Funding drought forces UN food agency to cut
rations in Afghanistan, Mar. 17, 2023, available at: https://reliefweb.int/report/afghanistan/funding-drought-forces-un-food-agency-cut-rations-afghanistan (last visited: May 12, 2023).
\31\ ReliefWeb, Afghanistan: Drought--2021-2023, 2021-2023,
available at: https://reliefweb.int/disaster/dr-2021-000022-afg
(last visited: June 9, 2023).
\32\ Ngoe Phuong Hong Tao, et al., Healthcare collapse in
Afghanistan due to political crises, natural catastrophes, and
dearth of international aid post-COVID, Jan. 11, 2023, Journal of
Global Health, available at: https://jogh.org/2023/jogh-13-03003
(last visited: June 9, 2023).
\33\ Statement on Continuation of Assassinations, Kidnappings,
and Destruction of Vital Infrastructure, US Embassy in Afghanistan,
Jan. 31, 2021, available at: https://af.usembassy.gov/statement-on-continuation-of-assassinations-kidnappings-and-destruction-of-vital-infrastructure/ (last visited: June 9, 2023); UN Office for the
Coordination of Humanitarian Affairs, Afghanistan: ICCT Winter
Prioritisation--December 2022 (Issued 16 January 2023), Jan. 17,
2023, available at: https://reliefweb.int/attachments/1d506d5a-3624-4768-87ac-5bc51329b9b3/2023%20ICCT%20Winter%20Prioritisation%20Report_Q1_fn_160123.pdf
(last visited: June 9, 2023).
\34\ UNHCR, Afghanistan Humanitarian Crisis, available at:
https://www.unrefugees.org/emergencies/afghanistan/ (last visited:
June 9, 2023).
\35\ UNHCR, Afghanistan Situation update--1 August 2023, Aug.30,
2023, available at https://data.unhcr.org/en/documents/details/103085 (last visited Sept. 15, 2023).
\36\ Radio Free Europe/Radio Liberty, `Life Of Toil': Growing
Number Of Starving Afghan Families Send Children To Work, May 17,
2023, available at: https://www.ecoi.net/en/document/2092100.html
(last visited: June 9, 2023).
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In summary, the August 2021 Taliban takeover of Afghanistan has led
to significant civilian casualties, ongoing armed conflict between
armed groups that continue to fight for power, and an extensive record
of repressive policies and human rights abuses against women and girls,
members of minority groups, and perceived opponents of the Taliban.
This ongoing armed conflict and instability have contributed to a grave
humanitarian crisis, including mass displacement, food and water
insecurity, lack of access to healthcare, and a fragile economic
situation.
Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
The conditions supporting Afghanistan'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
Afghanistan and, due to such conflict, requiring the return to
Afghanistan of Afghan nationals (or individuals having no nationality
who last habitually resided in Afghanistan) 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 Afghanistan that prevent Afghan nationals (or individuals
having no nationality who last habitually resided in Afghanistan) from
returning to Afghanistan in safety, and it is not contrary to the
national interest of the United States to permit Afghan 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 Afghanistan for TPS should be extended
for an 18-month period, beginning on November 21, 2023, and ending on
May 20, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Due to the conditions described above, Afghanistan should
be simultaneously extended and redesignated for TPS beginning on
November 21, 2023, and ending on May 20, 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
[[Page 65733]]
must demonstrate that they have continuously resided in the United
States since September 20, 2023.
Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since November 21, 2023, the effective date of the
redesignation of Afghanistan for TPS.
There are approximately 3,100 current Afghan TPS
beneficiaries who are eligible to re-register for TPS under the
extension.
It is estimated that approximately 14,600 additional
individuals may be eligible for TPS under the redesignation of
Afghanistan. This population includes Afghan nationals in the United
States in nonimmigrant status or without immigration status.
Notice of the Designation of Afghanistan 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 Afghanistan's designation for TPS on the basis 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 Afghan 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 Afghanistan for TPS for 18
months, beginning on November 21, 2023, and ending on May 20, 2025, and
redesignating Afghanistan 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 Afghanistan, 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 an Afghanistan TPS application (Form I-821)
that was still pending as of September 25, 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 May 20, 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 an Afghan TPS-related Form I-765 that was still
pending as of September 25, 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 May 20, 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 Afghanistan'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\
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\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; Form I-
912, Request for Fee Waiver (if applicable); and supporting
documentation to the proper address in Table 1.
[[Page 65734]]
Table 1--Mailing Addresses
------------------------------------------------------------------------
------------------------------------------------------------------------
Alaska U.S. Postal Service (USPS): USCIS, Attn: TPS
American Samoa Afghanistan, P.O. Box 20300, Phoenix, AZ 85036-
Arizona 0300.
California FedEx, UPS, and DHL deliveries: USCIS, Attn:
TPS Afghanistan (Box 20300), 2108 E Elliot
Rd., Tempe, AZ 85284-1806.
Colorado
Guam
Hawaii
Idaho
Kansas
Montana
Nebraska
Nevada
New Mexico
North Dakota
Northern Mariana
Islands
Oklahoma
Oregon
Puerto Rico
South Dakota
Texas
U.S. Virgin Islands
Utah
Washington
Wyoming
Alabama U.S. Postal Service (USPS): USCIS, Attn: TPS
Arkansas Afghanistan, P.O. Box 805282, Chicago, IL
Connecticut 60680-5285.
Delaware FedEx, UPS, and DHL deliveries: USCIS, Attn:
District of Columbia TPS Afghanistan (Box 805282), 131 South
Dearborn--3rd Floor, Chicago, IL 60603-5517.
Florida
Georgia
Illinois
Indiana
Iowa
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
New Hampshire
New Jersey
New York
North Carolina
Ohio
Pennsylvania
Rhode Island
South Carolina
Tennessee
Vermont
Virginia
West Virginia
Wisconsin
------------------------------------------------------------------------
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 ``Afghanistan''.
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
[[Page 65735]]
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,
approved Form I-821, and you are using the P.O. Box 660167, Dallas,
U.S. Postal Service (USPS): You must TX 75266-0867.
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,
approved Form I-821, and you are using 2501 S. State Hwy. 121
FedEx, UPS, or DHL: You must include a Business, Ste. 400,
copy of the receipt notice (Form I-797 or Lewisville, TX 75067.
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 November 20, 2024, through this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have an Afghanistan TPS-based EAD that has the notation A-12
or C-19 under Category and a ``Card Expires'' date of November 20,
2023, this Federal Register notice automatically extends your EAD
through November 20, 2024. Although this Federal Register notice
automatically extends your EAD through November 20, 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 November 20, 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 November 20,
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 Afghanistan 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
[[Page 65736]]
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 November 20, 2024, but you are not required
to do so. The last day of the automatic EAD extension is November 20,
2024. Before you start work on November 21, 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 May 20, 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 Afghan 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 Afghan 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 November 21, 2024:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until'' and enter
November 20, 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 November 20,
2023;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write November 20, 2024, as the expiration date.
Before the start of work on November 21, 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 November 20, 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 November 20, 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 November 21, 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 November 20,
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 November 21, 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).
[[Page 65737]]
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/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 Afghanistan;
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. 2023-20791 Filed 9-21-23; 4:15 pm]
BILLING CODE 9111-97-P