[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Notices]
[Pages 68130-68139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21865]



[[Page 68130]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2761-23; DHS Docket No. USCIS-2021-0003]
RIN 1615-ZB86


Extension and Redesignation of Venezuela 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 Venezuela for Temporary Protected Status 
(TPS) for 18 months, beginning on March 11, 2024 and ending on 
September 10, 2025. This extension allows existing TPS beneficiaries to 
retain TPS through September 10, 2025, if they otherwise continue to 
meet the eligibility requirements for TPS. Existing TPS beneficiaries 
who wish to extend their status through September 10, 2025, must re-
register during the re-registration period described in this notice. 
Separately, the Secretary is also redesignating Venezuela for TPS. The 
redesignation of Venezuela allows additional Venezuelan nationals (and 
individuals having no nationality who last habitually resided in 
Venezuela) who have been continuously residing in the United States 
since July 31, 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 July 31, 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 3, 2023, the effective date of this 
redesignation of Venezuela for TPS. The Secretary's actions represent 
two distinct TPS designations of Venezuela--the first designation of 
Venezuela that was announced on March 9, 2021 (Venezuela 2021) and is 
being extended in this FRN, and this second action, redesignating 
Venezuela on October 3, 2023 (Venezuela 2023).

DATES: 
    Extension of Designation of Venezuela for TPS: The 18-month 
extension of Venezuela 2021 begins on March 11, 2024 and will remain in 
effect for 18 months, ending on September 10, 2025. The extension 
affects existing beneficiaries of TPS and those who filed initial 
applications for TPS under Venezuela 2021 that were pending as of the 
date of this notice.
    Re-registration: The 60-day re-registration period for existing 
beneficiaries under Venezuela 2021 runs from January 10, 2024, through 
March 10, 2024. (Note: It is important for re-registrants to timely re-
register during the registration period and not to wait until their 
Employment Authorization Document (EAD) expires. Delaying re-
registration could result in gaps in their employment authorization 
documentation.)
    Redesignation of Venezuela for TPS (Venezuela 2023): The 18-month 
redesignation of Venezuela for TPS begins on October 3, 2023, and will 
remain in effect for 18 months, ending on April 2, 2025. The 
redesignation affects potential first-time applicants and others who do 
not currently have TPS.
    First-time Registration: The initial registration period for new 
applicants under the Venezuela 2023 TPS redesignation begins on October 
3, 2023, and will remain in effect through April 2, 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 more 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 Venezuela's TPS designation by selecting 
``Venezuela'' 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 cannot 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.
     You also can find more information at local USCIS offices 
after this notice is published.

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 Venezuela (or individuals having no nationality who last 
habitually resided in Venezuela) to (1) re-register for TPS and apply 
to renew their EAD 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 Venezuela 2021 \1\ and whose applications have 
been granted. If you do not re-register properly within the re-
registration period, USCIS may withdraw your TPS following appropriate 
procedures. See 8 CFR 244.14.
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    \1\ See Designation of Venezuela for Temporary Protected Status 
and Implementation of Employment Authorization for Venezuelans 
Covered by Deferred Enforced Departure, 86 FR 13574 (Mar. 9, 2021).
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    For individuals who have already been granted TPS under Venezuela 
2021, the 60-day re-registration period for existing beneficiaries runs 
from January 10, 2024, through March 10, 2024. USCIS will issue new 
EADs with

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a September 10, 2025, expiration date to eligible Venezuelan 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 a new EAD before 
their current EAD expires. Accordingly, through this Federal Register 
notice, DHS automatically extends through March 10, 2025, the validity 
of certain EADs previously issued under the TPS designation of 
Venezuela. As proof of continued employment authorization through March 
10, 2025, TPS beneficiaries can show their EAD with the notation A-12 
or C-19 under Category and a Card Expires date of March 10, 2024, or 
September 9, 2022. This notice explains how TPS beneficiaries and their 
employers may determine if an EAD is 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 initial Venezuela TPS application (Form I-
821) or Application for Employment Authorization (Form I-765) pending 
as of October 3, 2023 under Venezuela 2021, do not need to file either 
application again. If USCIS approves an individual's pending Form I-
821, USCIS will grant the individual TPS through September 10, 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. Individuals who are current beneficiaries under the Venezuela 
2021 designation and have a re-registration application (Form I-821) 
and/or Application for Employment Authorization (Form I-765) pending as 
of October 3, 2023, do not need to file either application again. If 
USCIS approves an individual's pending Form I-821, USCIS will grant the 
individual TPS through September 10, 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.
    Under the redesignation, Venezuela 2023, individuals who currently 
do not have TPS may submit an initial application during the initial 
registration period that runs from October 3, 2023, and runs through 
the full length of the redesignation period ending April 2, 2025. In 
addition to demonstrating continuous residence in the United States 
since July 31, 2023, and meeting other eligibility criteria, initial 
applicants for TPS under this redesignation (Venezuela 2023) must 
demonstrate that they have been continuously physically present in the 
United States since October 3, 2023,\2\ the effective date of this 
redesignation of Venezuela, before USCIS may grant them TPS. DHS 
estimates that approximately 472,000 individuals may become newly 
eligible for TPS under the redesignation of Venezuela.
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    \2\ The ``continuous physical presence'' date 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 a later date established by the Secretary. The 
``continuous residence'' date 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) (continuous residence and continuous physical 
presence 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 if 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, if it is still valid beyond the 
date their TPS terminates.

When was Venezuela designated for TPS?

    Venezuela was initially designated on the basis of extraordinary 
and temporary conditions that prevented nationals of Venezuela from 
returning in safety. See Designation of Venezuela for Temporary 
Protected Status and Implementation of Employment Authorization for 
Venezuelans Covered by Deferred Enforced Departure, 86 FR 13574 (Mar. 
9, 2021). The TPS designation was extended for 18 months on September 
8, 2022. See Extension of the Designation of Venezuela for Temporary 
Protected Status, 87 FR 55024 (Sept. 8, 2022).

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

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government, to designate a foreign state (or part thereof) for TPS if 
the Secretary determines that certain country conditions exist.\3\ The 
decision to designate any foreign state (or part thereof) is a 
discretionary decision, and there is no judicial review of any 
determination with respect to the designation, termination, or 
extension of a designation. See INA sec. 244(b)(5)(A), 8 U.S.C. 
1254a(b)(5)(A). The Secretary, in their discretion, may then grant TPS 
to eligible nationals of that foreign state (or individuals having no 
nationality who last habitually resided in the designated foreign 
state). See INA sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \3\ INA 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 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

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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 Venezuela 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 Venezuela is one 
of several instances in which the Secretary and, before 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 Venezuela will be July 31, 2023. Initial applicants 
for TPS under this redesignation must also show they have been 
``continuously physically present'' in the United States since October 
3, 2023, which is the effective date of the Secretary's redesignation 
of Venezuela. 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, USCIS 
cannot make the final determination of whether the applicant has met 
the ``continuous physical presence'' requirement until October 3, 2023, 
the effective date of this redesignation for Venezuela. 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 Venezuela 2021 
and redesignating Venezuela for TPS?

    DHS has reviewed country conditions in Venezuela. 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 continue to 
prevent Venezuelan nationals from returning in safety. The Secretary 
has further determined that redesignating Venezuela for TPS under INA 
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) is warranted on the same 
statutory basis of extraordinary and temporary conditions.

Overview

    Venezuela continues to face a severe humanitarian emergency due to 
a political and economic crisis, as well as human rights violations and 
abuses and high levels of crime and violence, that impacts access to 
food, medicine, healthcare, water, electricity, and fuel, and has led 
to high levels of poverty. Additionally, Venezuela has recently 
experienced heavy rainfall in the spring and summer of 2023 which 
triggered flooding and landslides. Given the current conditions in 
Venezuela, these issues contribute to the country's existing 
challenges.
    Venezuela is experiencing ``an unprecedented political, economic, 
and humanitarian crisis.'' \5\ ``Venezuela is suffering one of the 
worst humanitarian crises in the history of the Western Hemisphere,'' 
which has been characterized by ``[h]igh levels of poverty, food 
insecurity, malnutrition, and infant mortality, together with frequent 
electricity outages and the collapse of health infrastructure.'' \6\ 
Though there were some positive developments in Venezuela in 2022 ``as 
the economy stabilized and showed signs of economic growth,'' the 
effects of these changes were not felt across the Venezuelan population 
and did not offset the impact of the large-scale economic contraction 
which resulted in significant humanitarian challenges that continue 
today and will take time to address.\7\
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    \5\ Clare Ribando Seelke, Rebecca M. Nelson, Rhoda Margesson, & 
Phillip Brown, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), p.1, Dec. 6, 2022, available 
at https://crsreports.congress.gov/product/pdf/R/R44841 (last 
visited Jul. 7, 2023).
    \6\ Michael Penfold & Cynthia J. Arnson, Overcoming Barriers to 
Humanitarian Aid in Venezuela, Wilson Center, p.1, Mar. 2023, 
available at https://www.wilsoncenter.org/sites/default/files/media/uploads/documents/OVERCOMING%20BARRIERS%20TO%20HUMANITARIAN%20AID%20IN%20VENEZUELA_0.pdf (last visited Aug. 10, 2023).
    \7\ United Nations Office for the Coordination of Humanitarian 
Affairs (OCHA), Venezuela Humanitarian Fund Annual Report 2022, p.6, 
Jun. 14, 2023, available at https://www.unocha.org/publications/report/venezuela-bolivarian-republic/venezuela-humanitarian-fund-annual-report-2022 (last visited Aug. 10, 2023).
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Political Repression and Human Rights

    The Maduro regime has closed off channels for political dissent, 
restricting enjoyment of civil liberties and ``prosecuting perceived 
opponents without regard for due process.'' \8\ The UN Human Rights 
Council's Independent International Fact-Finding Mission on the 
Bolivarian Republic of Venezuela (IIFFM) found in its September 2022 
report, ``Venezuela's military and civilian intelligence agencies 
function as well-coordinated and effective structures in the 
implementation of a plan'' to ``repress dissent.'' \9\
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    \8\ Freedom House, Freedom in the World 2023--Venezuela, Mar. 
10, 2023, available at https://freedomhouse.org/country/venezuela/freedom-world/2023 (last visited Jul. 18, 2023).
    \9\ United Nations Human Rights Council, Venezuela: new UN 
report details responsibilities for crimes against humanity to 
repress dissent and highlights situation in remotes mining areas, 
Sept. 20, 2022, available at https://www.ohchr.org/en/press-releases/2022/09/venezuela-new-un-report-details-responsibilities-crimes-against-humanity (last visited Sept. 27, 2023).
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Crime and Insecurity

    Venezuela has one of the highest rates of violent deaths in the 
world.\10\ Additionally, ``Venezuelans face physical insecurity and 
violence from several sources, including irregular armed groups, 
security forces, and organized gangs.'' \11\ Corruption in Venezuela 
exacerbates insecurity. InSight Crime has reported that ``criminal 
groups and corrupt state actors together form a hybrid state that 
combines governance with criminality, and where illegal armed groups 
act at the service of the state, while criminal networks form within 
it.'' \12\ Human trafficking remains a serious concern. Traffickers 
exploit and subject Venezuelans, including those fleeing the country, 
to egregious forms of exploitation, including sex trafficking and 
forced labor.\13\ Members of non-state armed groups that operate in the

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country with impunity, subject Venezuelans to forced labor and forced 
criminality, and recruit or use child soldiers.\14\
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    \10\ Overseas Security Advisory Council (OSAC), Venezuela 
Country Security Report, U.S. Department of State, May 10, 2022, 
available at https://www.osac.gov/Content/Report/34f99e62-2161-412d-bfeb-1e752539f6bf (last visited Jul. 19, 2023).
    \11\ Freedom House, Freedom in the World 2023--Venezuela, Mar. 
10, 2023, available at https://freedomhouse.org/country/venezuela/freedom-world/2023 (last visited Jul. 18, 2023).
    \12\ Venezuela Investigative Unit, Rise of the Criminal Hybrid 
State in Venezuela, InSight Crime, p.5, Jul. 2023, available at 
https://insightcrime.org/wp-content/uploads/2023/07/Rise-of-the-Criminal-Hybrid-State-in-Venezuela-InSight-Crime-1.pdf (last visited 
Jul. 19, 2023).
    \13\ U.S. Dep't. of State, 2023 Trafficking in Persons Report: 
Venezuela, June 15, 2023, available at https://www.state.gov/reports/2023-trafficking-in-persons-report/venezuela/ (last visited 
Sep. 25, 2023).
    \14\ Id.
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Economic Collapse

    Since 2014, Venezuela has suffered from an ``economic recession 
marked by hyperinflation, shortages of basic goods and a collapse in 
public services such as electricity and water.'' \15\ Recently, 
Venezuela's economy has shown some signs of recovery; however, it is 
still in a precarious condition.\16\ In a report covering the period 
from May 2022 through April 2023, the Office of the High Commissioner 
for Human Rights (OHCHR) noted that while economic growth which 
occurred in 2022 ``would bring hope for improved economic prospects, 
persistent challenges and other factors continued to negatively affect 
essential public services, transport, education, and health.'' \17\
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    \15\ Andrew Cawthorne and Diego Ore, Venezuela confirms 
recession, highest inflation in Americas, Reuters, Dec. 30, 2014, 
available at https://www.reuters.com/article/us-venezuela-economy/venezuela-confirms-recession-highest-inflation-in-americas-idUSKBN0K81KV20141230 (last visited Jul. 7, 2023); Reuters, 
Venezuela's largest private company calls government supervision 
`arbitrary', Apr. 25, 2020, available at https://www.reuters.com/article/us-venezuela-economy-polar/venezuelas-largest-private-company-calls-government-supervision-arbitrary-idUSKCN2270U8 (last 
visited Jul. 7, 2023).
    \16\ The Economist, Nicol[aacute]s Maduro, Venezuela's autocrat, 
is winning, Apr. 25, 2023, available at https://web.archive.org/web/20230531114303/https://www.economist.com/the-americas/2023/04/25/nicolas-maduro-venezuelas-autocrat-is-winning (last visited Jul. 10, 
2023).
    \17\ Office of the High Commissioner for Human Rights (OHCHR), 
Situation of human rights in the Bolivarian Republic of Venezuela--
Report of the United Nations High Commissioner for Human Rights, 
p.2, Jul. 4, 2023, available at https://reliefweb.int/report/venezuela-bolivarian-republic/situation-human-rights-bolivarian-republic-venezuela-report-united-nations-high-commissioner-human-rights-ahrc5354-advance-unedited-version (last visited Jul. 12, 
2023).
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    In its annual report covering 2022, the Inter-American Commission 
on Human Rights (IACHR) noted ``the high rates of poverty and 
inequality in the country, in which there are estimates that more than 
90% of the population lives in poverty.'' \18\ The same report stated 
that ``as of March 2022, HumVenezuela estimated that 94.5% of the 
population would not have sufficient income to cover items such as 
food, housing, health, education, transportation and clothing.'' \19\
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    \18\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.705, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited Jul. 10, 2023).
    \19\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.705, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited Jul. 10, 2023).
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Health Crisis

    Various sources have referred to severe problems with health 
systems in Venezuela, including the IACHR, Human Rights Watch, and the 
Congressional Research Service (CRS).\20\ Per The Associated Press, 
Venezuela's ``health care system crumbled long before'' the start of 
the COVID-19 pandemic.\21\ Likewise, in its 2022 annual report, the 
IACHR acknowledged that while the COVID-19 pandemic ``has had 
significant impacts on the health sector and the population, the 
serious affectations of the system preceded the health emergency.'' 
\22\ Elaborating on this topic, the IACHR identified ``shortages of 
medicines, supplies, materials and medical treatment'' as of 2018, and 
that the ``situation has been worsening since 2014, and it is important 
to highlight that the health system has reportedly collapsed due to its 
persistent precariousness, which would have been exacerbated by the 
pandemic.'' \23\
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    \20\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.674, 706, 708, 709, Apr. 20, 
2023, available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited Jul. 12, 2023); 
Human Rights Watch, World Report 2023: Venezuela, Jan. 13, 2023, 
available at https://www.hrw.org/world-report/2023/country-chapters/venezuela (last visited Jul. 12, 2023); Clare Ribando Seelke, 
Rebecca M. Nelson, Rhoda Margesson, & Phillip Brown, Venezuela: 
Background and U.S. Relations, Congressional Research Service (CRS), 
p.11, Dec. 6, 2022, available at https://crsreports.congress.gov/product/pdf/R/R44841 (last visited Jul. 12, 2023).
    \21\ Regina Garcia Cano, Governments pledge money, attention to 
Venezuela's crisis, The Associated Press, Mar. 17, 2023, https://apnews.com/article/venezuela-migration-crisis-us-united-nations-805873048d2b0532bfbe53428f4ed2aa (last visited Jul. 12, 2023).
    \22\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.705, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited Jul. 12, 2023).
    \23\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.705-706, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited Jul. 12, 2023).
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    According to OHCHR, health centers in Venezuela ``report structural 
underfunding and understaffing resulting in for example, regular 
blackouts and water shortages.'' \24\ In its report on the humanitarian 
situation in Venezuela in 2022, the United Nations Office for the 
Coordination of Humanitarian Affairs (OCHA) noted that ``[h]ealth 
services continue to be affected by insufficient water and sanitation 
conditions and the lack of electricity supply in facilities.'' \25\ 
Similarly, Human Rights Watch stated in its annual report covering 2022 
that ``[p]ower and water outages at healthcare centers--and emigration 
of healthcare workers--were further weakening operational capacity.'' 
\26\ Furthermore, the IACHR has reported that ``98% of the hospitals in 
the country lack medicines, electrical plants and water, as well as 
failures in laboratories, reagents and wards. As a result, it is 
estimated that only between 3 and 10% of the hospitals have medical and 
surgical material to solve medical circumstances.'' \27\
---------------------------------------------------------------------------

    \24\ Office of the High Commissioner for Human Rights (OHCHR), 
Situation of human rights in the Bolivarian Republic of Venezuela--
Report of the United Nations High Commissioner for Human Rights, 
p.3, Jul. 4, 2023, available at https://reliefweb.int/report/venezuela-bolivarian-republic/situation-human-rights-bolivarian-republic-venezuela-report-united-nations-high-commissioner-human-rights-ahrc5354-advance-unedited-version (last visited Jul. 13, 
2023).
    \25\ United Nations Office for the Coordination of Humanitarian 
Affairs (OCHA), Venezuela Humanitarian Fund Annual Report 2022, p.6, 
Jun. 14, 2023, available at https://www.unocha.org/publications/report/venezuela-bolivarian-republic/venezuela-humanitarian-fund-annual-report-2022 (last visited Aug. 10, 2023).
    \26\ Human Rights Watch, World Report 2023: Venezuela, Jan. 13, 
2023, available at https://www.hrw.org/world-report/2023/country-chapters/venezuela (last visited Jul. 13, 2023).
    \27\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.708, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited Jul. 13, 2023).
---------------------------------------------------------------------------

Food Insecurity

    In a humanitarian response plan published in 2023, the Food and 
Agriculture Organization of the United Nations (FAO) identified food 
insecurity as ``the most pressing challenge for the population.'' \28\ 
Human Rights Watch stated in its annual report covering 2022 that 
HumVenezuela reported in March 2022 that ``most Venezuelans face 
difficulties in accessing food, with 10.9 million undernourished or 
chronically hungry. Some 4.3 million are deprived of food, sometimes 
going days without eating.'' \29\ Moreover, the IACHR noted in its 2022 
annual report that ``32% of children live in a situation of chronic 
malnutrition.'' \30\
---------------------------------------------------------------------------

    \28\ Food and Agriculture Organization of the United Nations 
(FAO), The Bolivarian Republic of Venezuela: Humanitarian Response 
Plan 2022-2023, p.1, 2023, available at https://www.fao.org/3/cc6775en/cc6775en.pdf (last visited Jul. 14, 2023).
    \29\ Human Rights Watch, World Report 2023: Venezuela, Jan. 13, 
2023, available at https://www.hrw.org/world-report/2023/country-chapters/venezuela (last visited Jul. 14, 2023).
    \30\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.709, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited Jul. 14, 2023).

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[[Page 68134]]

Heavy Rains and Flooding

    Since May 26, 2023, as hurricane season began, Venezuela has 
experienced heavy rains which resulted in flooding that affected 
several areas of the country.\31\ According to ACAPS, ``Between June 
and July there have been 19 tropical waves, that have brought heavy 
rains, floods and landslides across the country.'' \32\ As of July 11, 
2023, the meteorological situation in Venezuela indicated ``that 
rainfall and resulting damages are expected to be more severe than 
previous years.'' \33\ Reports of the damage caused by the heavy rains 
include 5,100 people affected with damage to houses and blockages in 
the drainage system in the state of Portuguesa.\34\ In another area--
Delta Amacuro state--around 7,500 people are affected by the 2023 
floods.\35\
---------------------------------------------------------------------------

    \31\ ACAPS, ACAPS Anticipatory Note: Venezuela--Anticipation of 
flooding, 20 July 2023, July 20, 2023, available at https://reliefweb.int/report/venezuela-bolivarian-republic/acaps-anticipatory-note-venezuela-anticipation-flooding-20-july-2023 (last 
visited Sept. 19, 2023).
    \32\ Id.
    \33\ Reliefweb, Venezuela: Anticipatory Action for Floods--DREF 
Operation MDRVE008, July 11, 2023, available at https://reliefweb.int/report/venezuela-bolivarian-republic/venezuela-anticipatory-actions-floods-dref-operation-mdrve008 (last visited 
Sep. 19, 2023).
    \34\ Id.
    \35\ Id.
---------------------------------------------------------------------------

    In summary, extraordinary and temporary conditions continue to 
prevent Venezuelan nationals from returning in safety due to a severe 
humanitarian emergency which has resulted in food insecurity and the 
inability to access adequate medicine, healthcare, water, electricity, 
and fuel. Additionally, human rights violations and abuses, high levels 
of poverty, high levels of crime and violence, and heavy rains and 
flooding prevent Venezuelan nationals from returning in safety and 
permitting Venezuelan noncitizens to remain in the United States 
temporarily would not be contrary to the interests of the United 
States.
    Based on this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Venezuela'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 extraordinary and temporary 
conditions in Venezuela that prevent Venezuelan nationals (or 
individuals having no nationality who last habitually resided in 
Venezuela) from returning to Venezuela in safety, and it is not 
contrary to the national interest of the United States to permit 
Venezuelan 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 existing designation of Venezuela for TPS (Venezuela 
2021) should be extended for an 18-month period, beginning on March 11, 
2024 and ending on September 10, 2025. See INA sec. 244(b)(3)(C), 8 
U.S.C. 1254a(b)(3)(C).
     Due to the conditions described above, Venezuela should be 
redesignated for TPS beginning on October 3, 2023, and ending on April 
2, 2025. See INA sec. 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(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 July 31, 2023.
     Initial TPS applicants under the redesignation must 
demonstrate that they have been continuously physically present in the 
United States since October 3, 2023, the effective date of the 
redesignation of Venezuela for TPS.
     There are approximately 243,000 current Venezuela TPS 
beneficiaries who are eligible to re-register for TPS under the 
extension.
     It is estimated that approximately 472,000 additional 
individuals may be eligible for TPS under the redesignation of 
Venezuela. This population includes Venezuelan nationals in the United 
States in nonimmigrant status or without immigration status.

Notice of the Designation of Venezuela 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 Venezuela's designation for TPS on the basis of 
extraordinary and temporary conditions are met and it is not contrary 
to the national interest of the United States to allow Venezuelan TPS 
beneficiaries to remain in the United States temporarily. See INA sec. 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On the basis of this 
determination, I am extending the existing designation of Venezuela for 
TPS for 18 months, beginning on March 11, 2024, and ending on September 
10, 2025.
    Additionally, and also on the basis of this determination, I am 
redesignating Venezuela for TPS for 18 months, beginning on October 3, 
2023 and ending on April 2, 2025. See INA sec. 244(b)(1) and (b)(2); 8 
U.S.C. 1254a(b)(1), and (b)(2). I estimate approximately 472,000 
individuals may be newly eligible for TPS under the redesignation of 
Venezuela.

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 or re-register for TPS based on the designation of 
Venezuela, you must submit a Form I-821, Application for Temporary 
Protected Status. Re-registration under this notice applies to TPS 
beneficiaries whose re-registration application was approved under the 
TPS extension announced on September 8, 2022, who have been issued Form 
I-797, Notice of Action, indicating approval of their TPS application 
and an EAD with a March 10, 2024, expiration date. Individuals with an 
EAD with a March 10, 2024, expiration date who want to receive an EAD 
with the September 10, 2025, expiration date must re-register pursuant 
to the instructions noted in this FRN. If you are submitting an initial 
TPS application, you must pay the filing fee for Form I-821 (or request 
a fee waiver, which you may submit on Form I-912, Request for Fee 
Waiver). If you are filing an application to re-register for TPS, you 
do not need to pay the fee. See 8 CFR 244.17. You may need 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 initial Venezuela TPS application (Form I-
821) that was still pending as of October 3, 2023, do not need to file 
the application again. If USCIS approves an individual's Form I-821, 
USCIS will grant the individual TPS through April 2, 2025. Individuals 
who are current beneficiaries under the Venezuela 2021

[[Page 68135]]

designation and have a re-registration application (Form I-821) and/or 
Application for Employment Authorization (Form I-765) pending as of 
October 3, 2023, do not need to file either application again. If USCIS 
approves an individual's pending Form I-821, USCIS will grant the 
individual TPS through September 10, 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.
    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). The instructions for 
Form I-821 and Form I-765 also provide more 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. If you want to obtain an EAD, you must file 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 with their TPS application, or separately later, if their TPS 
application is still pending or has been approved. Beneficiaries with 
an initial Venezuela TPS-related Form I-765 that was still pending as 
of October 3, 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 2, 2025. 
Individuals who are current beneficiaries under the Venezuela 2021 
designation and have a re-registration application (Form I-821) and/or 
Application for Employment Authorization (Form I-765) pending as of 
October 3, 2023, do not need to file either application again. If USCIS 
approves an individual's pending Form I-821, USCIS will grant the 
individual TPS through September 10, 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.

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

    You may 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 may 
request an EAD by submitting a completed Form I-765 with their Form I-
821.
    Online filing: Form I-821 and Form I-765 are available for 
concurrent filing online.\36\ To file these forms online, you must 
first create a USCIS online account.\37\
---------------------------------------------------------------------------

    \36\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \37\ 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
------------------------------------------------------------------------
                                         Then, mail your application to:
            If you live in:
------------------------------------------------------------------------
California, Texas......................  U.S. Postal Service (USPS):
                                          USCIS, Attn: TPS Venezuela,
                                          P.O. Box 20300, Phoenix, AZ
                                          85036-0300.
                                         FedEx, UPS, and DHL deliveries:
                                          USCIS, Attn: TPS Venezuela
                                          (Box 20300), 2108 E Elliot
                                          Rd., Tempe, AZ 85284-1806.
Florida................................  U.S. Postal Service (USPS):
                                          USCIS, Attn: TPS Venezuela,
                                          P.O. Box 660864, Dallas, TX
                                          75266-0864.
                                         FedEx, UPS, and DHL deliveries:
                                          USCIS, Attn: TPS Venezuela
                                          (Box 660864), 2501 S State
                                          Highway, 121 Business, Suite
                                          400, Lewisville, TX 75067-
                                          8003.
Illinois, Indiana, Massachusetts, New    U.S. Postal Service (USPS):
 Jersey, New York, North Carolina,        USCIS, Attn: Venezuela, P.O.
 Utah, Virginia.                          Box 4091, Carol Stream, IL
                                          60197-4091.
                                         FedEx, UPS, and DHL deliveries:
                                          USCIS, Attn: TPS Venezuela
                                          (Box 4091), 2500 Westfield
                                          Drive, Elgin, IL 60124-7836.
All other states, District of Columbia,  U.S. Postal Service (USPS):
 and U.S. Territories.                    USCIS, Attn: TPS Venezuela,
                                          P.O. Box 805282, Chicago, IL
                                          60680-5285.
                                         FedEx, UPS, and DHL deliveries:
                                          USCIS, Attn: TPS Venezuela
                                          (Box 805282), 131 South
                                          Dearborn Street, 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 you file online, please include the fee. 
If you file by mail, please include the fee or fee waiver request. When 
you request 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.

[[Page 68136]]

Supporting Documents

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

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   The address provided in Table
 I-821, Application for Temporary         1.
 Protected Status.
Filing Form I-131 based on a pending or  USCIS, Attn: I-131 TPS, P.O.
 approved Form I-821, and you are using   Box 660167, Dallas, TX 75266-
 the U.S. Postal Service (USPS): You      0867.
 must include a copy of the receipt
 notice (Form I-797 or I-797C) showing
 we accepted or approved your Form I-
 821.
Filing Form I-131 based on a pending or  USCIS, Attn: I-131 TPS, 2501 S
 approved Form I-821, and you are using   State Hwy. 121 Business, Ste.
 FedEx, UPS, or DHL: You must include a   400, Lewisville, TX 75067.
 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. USCIS may require you to visit an 
Application Support Center to submit biometrics. For additional 
information on the USCIS biometric screening process, please see the 
USCIS Customer Profile Management Service Privacy Impact Assessment, 
available at https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms.

General Employment-Related Information for TPS Applicants and Their 
Employers

How can I obtain information on the status of my TPS application and 
EAD request?

    To get case status information about your TPS application, as well 
as the status of your TPS-based EAD request, you can check Case Status 
Online at uscis.gov, or visit the USCIS Contact Center at https://www.uscis.gov/contactcenter. If your Form I-765 has been pending for 
more than 90 days, and you still need assistance, you may ask a 
question about your case online at https://egov.uscis.gov/e-request/Intro.do or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-
1833).

Am I eligible to receive an automatic extension of my current EAD 
through March 10, 2025, through this Federal Register notice?

    Yes. Regardless of your country of birth, if you currently have a 
Venezuela TPS-based EAD with the notation A-12 or C-19 under Category 
and a Card Expires date of March 10, 2024, or September 9, 2022, this 
Federal Register notice automatically extends your EAD through March 
10, 2025. Although this Federal Register notice automatically extends 
your EAD through March 10, 2025, 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 more information. If your EAD states A-12 or C-19 under 
Category and has a Card Expires date of March 10, 2024, or September 9, 
2022, this Federal Register notice extends it automatically, and you 
may choose to present your EAD to your employer as proof of identity 
and employment eligibility for Form I-9 through March 10, 2025, unless 
your TPS has been withdrawn or your request for TPS has been denied. 
Your country of birth noted on the EAD does not have to

[[Page 68137]]

reflect the TPS-designated country of Venezuela 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 Expires date and Category 
code, they 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 more information. You may show this Federal 
Register notice to your employer to explain what to do for Form I-9 and 
to show that USCIS has automatically extended your EAD through March 
10, 2025, but you are not required to do so. The last day of the 
automatic EAD extension is March 10, 2025. Before you start work on 
March 11, 2025, 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/benefit, can I 
obtain a new TPS-based EAD?

    Yes, if you are eligible for TPS, you can obtain a new TPS-based 
EAD, even if you have an EAD or work authorization based on another 
immigration status or benefit. If you are a current TPS beneficiary 
under Venezuela 2021 and want to obtain a new TPS-based EAD valid 
through September 10, 2025, or if you are applying for TPS for the 
first time under Venezuela 2023 and want to obtain a TPS-based EAD 
valid through April 2, 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 Venezuelan 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 other documentation, such as proof of 
Venezuelan 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 if the 
EAD reasonably appears to be genuine and to relate to you. Refer to the 
``Note to Employees'' section of this Federal Register notice for 
important information about your rights if your employer rejects lawful 
documentation, requires additional documentation, or otherwise 
discriminates against you based on your citizenship or immigration 
status or your national origin.

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

    When using an automatically extended EAD to complete Form I-9 for a 
new job before March 10, 2025:
    1. For Section 1, you should:
    a. Check ``A noncitizen authorized to work until'' and enter March 
10, 2025, 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 whether the EAD is auto-extended by ensuring it is in 
category A-12 or C-19 and has a Card Expires date of March 10, 2024 or 
September 9, 2022;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write March 10, 2025, as the expiration date.
    Before the start of work on March 11, 2025, 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 whether 
your EAD is automatically extended by ensuring that it contains 
Category A-12 or C-19 and has a Card Expires date of March 10, 2024 or 
September 9, 2022. 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 March 10, 2025, as the last day of the 
automatic extension in the Additional Information field; and
    2. Initial and date the correction.

    Note: This is not considered a reverification. Employers do not 
reverify the employee until either the automatic extension has 
ended, or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By March 11, 2025, 
when the employee's automatically extended EAD has expired, 
employers are required by law to reverify the employee's employment 
authorization on Form I-9.

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

    Employers may create a case in E-Verify for a new employee by 
entering the number from the Document Number field on Form I-9 into the 
document number field in E-Verify. Employers should enter March 10, 
2025, 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.

[[Page 68138]]

Before this employee starts work on March 11, 2025, 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 other than what is required to complete 
Form I-9. 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 these employees an 
opportunity 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 Venezuela;
     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 about 
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

[[Page 68139]]

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. 2023-21865 Filed 9-29-23; 4:15 pm]
BILLING CODE P