Federal Register, Volume 89 Issue 19 (Monday, January 29, 2024)

[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5562-5571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01764]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2763-24; DHS Docket No. USCIS-2013-0001]
RIN 1615-ZB72

Extension and Redesignation of Syria 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

[[Page 5563]]

(DHS) announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Syria for Temporary Protected Status (TPS)
for 18 months, beginning on April 1, 2024, and ending on September 30,
2025. This extension allows existing TPS beneficiaries to retain TPS
through September 30, 2025, if they otherwise continue to meet the
eligibility requirements for TPS. Existing TPS beneficiaries who wish
to extend their status through September 30, 2025, must re-register
during the 60-day re-registration period described in this notice. The
Secretary is also redesignating Syria for TPS. The redesignation of
Syria allows additional Syrian nationals (and individuals having no
nationality who last habitually resided in Syria) who have been
continuously residing in the United States since January 25, 2024, to
apply for TPS for the first time during the initial registration period
described under the redesignation information in this notice. In
addition to demonstrating continuous residence in the United States
since January 25, 2024, 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
April 1, 2024, the effective date of this redesignation of Syria for
TPS.

DATES: Extension and Redesignation of the Designation of Syria for TPS
begins on April 1, 2024, and will remain in effect for 18 months. For
registration instructions, see the Registration Information section
below.

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 240-721-3000.
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 Syria's TPS designation by selecting
``Syria'' 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 can also 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

Registration Information

Extension of Designation of Syria for TPS: The 18-month designation
of Syria for TPS begins on April 1, 2024, and will remain in effect for
18 months, ending on September 30, 2025. The extension impacts existing
beneficiaries of TPS.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from January 29, 2024 through March 29, 2024. (Note:
It is important for re-registrants to timely re-register during the re-
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 Syria for TPS: The 18-month redesignation of Syria
for TPS begins on April 1, 2024, and will remain in effect for 18
months, ending on September 30, 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 Syria TPS redesignation begins on January 29, 2024
and will remain in effect through September 30, 2025.

Purpose of This Action (TPS)

Through this notice, DHS sets forth procedures necessary for
nationals of Syria (or individuals having no nationality who last
habitually resided in Syria) 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 the prior designation of Syria and whose
applications have been granted. If you do not re-register properly
within the 60-day re-registration period, USCIS may withdraw your TPS
following appropriate procedures. See 8 CFR 244.14.
For individuals who have already been granted TPS under Syria's
designation, the 60-day re-registration period runs January 29, 2024,
through March 29, 2024. USCIS will issue new EADs with a September 30,
2025, expiration date to eligible Syrian 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 31, 2025, the validity of certain
EADs previously issued under the TPS designation of Syria. As proof of
continued employment authorization through March 31, 2025, TPS
beneficiaries can show their EAD with the notation A-12 or C-19 under
Category and a Card Expires date of March 31, 2024, September 30, 2022,
or March 31, 2021. 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 a Syria TPS application (Form I-821) or
Application for Employment Authorization (Form I-765) that was still
pending as of January 29, 2024, do not need to file either application
again. If USCIS approves an

[[Page 5564]]

individual's pending Form I-821, USCIS will grant the individual TPS
through September 30, 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, individuals who currently do not have TPS
may submit an initial application during the initial registration
period that runs from January 29, 2024 through the full length of the
redesignation period ending September 30, 2025. In addition to
demonstrating continuous residence in the United States since January
25, 2024, 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 April 1,
2024,\1\ the effective date of this redesignation of Syria, before
USCIS may grant them TPS. DHS estimates that approximately 2,500
individuals may become newly eligible for TPS under the redesignation
of Syria.
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\1\ 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 Syria designated for TPS?

Syria was initially designated for TPS on March 29, 2012, on the
basis of extraordinary and temporary conditions in Syria that prevented
nationals of Syria from returning in safety.\2\ Following the initial
designation, the Secretary extended and redesignated Syria for TPS
three times based on ongoing armed conflict and extraordinary and
temporary conditions: (1) from October 1, 2013, to March 31, 2015; \3\
(2) from April 1, 2015, to September 30, 2016; \4\ and (3) from October
1, 2016, to March 31, 2018.\5\ Thereafter, the Secretary extended TPS
for Syria from April 1, 2018, to September 30, 2019,\6\ and again on
October 1, 2019, to March 31, 2021,\7\ based on ongoing armed conflict
and extraordinary and temporary conditions. Most recently, the
Secretary extended and redesignated TPS for Syria based on ongoing
armed conflict and extraordinary and temporary conditions from March
31, 2021, to September 30, 2022,\8\ and from October 1, 2022, to March
31, 2024.\9\
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\2\ See Designation of Syrian Arab Republic for Temporary
Protected Status, 77 FR 19026 (Mar. 29, 2012).
\3\ See Extension and Redesignation of Syria for Temporary
Protected Status, 78 FR 36223 (June 17, 2013).
\4\ See Extension and Redesignation of the Syrian Arab Republic
for Temporary Protected Status, 80 FR 245 (Jan. 5, 2015).
\5\ See Extension and Redesignation of Syria for Temporary
Protected Status, 81 FR 50533 (Aug. 1, 2016).
\6\ See Extension of the Designation of Syria for Temporary
Protected Status, 83 FR 9329 (Mar. 5, 2018).
\7\ See Extension of the Designation of Syria for Temporary
Protected Status, 84 FR 49751 (Sept. 23, 2019).
\8\ See Extension and Redesignation of Syria for Temporary
Protected Status, 86 FR 14946 (Mar. 19, 2021).
\9\ See Extension and Redesignation of Syria for Temporary
Protected Status, 87 FR 46982 (Aug. 1, 2022).
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What authority does the Secretary have to extend the designation of
Syria 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.\10 \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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\10\ 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 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 Syria 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

[[Page 5565]]

physically present since the effective date of the most recent
designation of the state'') (emphasis added).\11\
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\11\ The extension and redesignation of TPS for Syria 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 Syria will be January 25, 2024. Initial applicants for
TPS under this redesignation must also show they have been
``continuously physically present'' in the United States since April 1,
2024, which is the effective date of the Secretary's redesignation of
Syria. 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 April 1, 2024,
the effective date of this redesignation for Syria. 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 Syria and
simultaneously redesignating Syria for TPS through September 30, 2025?

DHS has reviewed country conditions in Syria. 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 the ongoing armed conflict and extraordinary and
temporary conditions supporting Syria's TPS designation remain. The
Secretary has further determined that redesignating Syria 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

The ongoing civil war in Syria is in its thirteenth year and has
involved large-scale destruction of infrastructure, widespread civilian
casualties, and human rights abuses and violations. The humanitarian
consequences are dire, including mass displacement of civilians, high
levels of food insecurity, and limited access to healthcare and clean
water. These impacts have been compounded by the February 6, 2023
earthquake, which resulted in the further destruction of infrastructure
and has contributed to the further breakdown of the economy and
strained an already overburdened healthcare system.^{12 13}
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\12\ International Blue Crescent, Kahramanmara[scedil]
Earthquakes Situation Report, Apr. 6, 2023, 6, available at https://reliefweb.int/report/turkiye/devastating-earthquakes-southern-turkiye-and-northern-syria-april-6th-2023-situation-report-20-entr
(last visited Oct. 10, 2023).
\13\ The World Bank, Syria Earthquake 2023 Rapid Damage and
Needs Assessment (RDNA), Mar. 2023, 48, available at https://reliefweb.int/report/syrian-arab-republic/syria-earthquake-2023-rapid-damage-and-needs-assessment-rdna-enar (last visited Nov. 9,
2023).
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Armed Conflict and Security Situation

The armed conflict in Syria continues to include numerous local and
international actors, such as the Syrian regime, foreign states,
opposition groups, and terrorist groups, like ISIS.^{14 15}
Syrian civilians are suffering with 61 percent of Syria's pre-war
population displaced, and Syria remains the third least peaceful
country in the world according to the Global Peace Index (GPI).\16\ The
United Nations High Commissioner for Refugees (UNHCR) reports 5,183,140
Syrian refugees in neighboring countries,\17\ and 6.8 million people
internally displaced (IDPs) within Syria--the highest in the world.\18\
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\14\ See U.S. Dep't of State, 2022 Country Report on Human
Rights Practices: Syria, Mar. 20, 2023, available at https://
www.state.gov/reports/2022-country-reports-on-human-rights-
practices/syria/
#:~:text=As%20of%20December%2C%20the%20SNHR,Directorate%2C%20Air%20Fo
rce%20Intelligence%20Directorate%2C (last visited Oct. 5, 2023).
\15\ U.N. Gen. Assembly Human Rights Council, Report of the
Independent International Commission of Inquiry on the Syrian Arab
Republic, Aug. 14, 2023, available at https://www.ohchr.org/en/hr-bodies/hrc/iici-syria/report-coi-syria-september2023 (last visited
Nov. 27, 2023).
\16\ Inst. for Economics and Peace, Global Peace Index 2023:
Measuring Peace in a Complex World, June 2023, 28, available at
http://visionofhumanity.org/resources (last visited Oct. 26, 2023).
\17\ UNHCR, Situation Syria Regional Refugee Response, lasted
updated Nov. 30, 2023, available at https://data2.unhcr.org/en/situations/syria (last visited Dec. 13, 2023).
\18\ UNHCR, Syria: UNHCR Operational Update, September 2023,
Oct. 18, 2023, 1, available at https://reliefweb.int/report/syrian-arab-republic/syria-unhcr-operational-update-september-2023-enar
(last visited Oct. 27, 2023).
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The conflict and its levels of violence are regularly in flux.
Ongoing hostilities in several parts of the country include ``artillery
shelling, air strikes and land mines, [and] continue to threaten the
lives of civilians and hamper humanitarian activities.'' \19\ In
January 2023, regime-controlled areas experienced ``an alarming
escalation of violence, worsening living conditions, tightening
security grip and ongoing arbitrary arrests.'' \20\ On October 5, 2023,
northern Syria experienced renewed hostilities with reports of multiple
attacks by regime-forces that killed civilians and damaged vital
civilian infrastructure across the region.\21\ Since October 5, 2023,
parties to the conflict have engaged in continuous shelling and
airstrikes, which have struck more than 1,400 locations, including
frontline and residential areas, in Idlib and western Aleppo.\22\ As of
October 13, at least 53 people in affected areas have been killed,
including 11 women and 15 children, and 303 others injured as reported
by local health authorities since the start of the incidents on October
5.\23\
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\19\ UNOCHA, Humanitarian Needs Overview: Syrian Arab Republic,
12 (Dec. 22, 2022), available at hno_2023-rev-1.12_1.pdf
(humanitarianresponse.info) (last visited Oct. 5, 2023).
\20\ The Syrian Observatory for Human Rights, Regime-controlled
areas in January 2023 Nearly 190 fatalities in acts of violence . .
. 12 assassinations and attacks in three provinces . . . escalating
living crises, Feb. 9, 2023, available at https://www.syriahr.com/en/288096/ (last visited Oct. 6, 2023).
\21\ UNOCHA, Joint Statement by the United Nations Resident
Coordinator and Humanitarian Coordinator for Syria, Mr. Adam
Abdelmoula, and the Regional Humanitarian Coordinator for the Syria
Crisis, Mr. Muhannad Hadi, on the renewed hostilities in northern
Syria, Oct. 6, 2023, available at https://reliefweb.int/report/syrian-arab-republic/joint-statement-united-nations-resident-coordinator-and-humanitarian-coordinator-syria-mr-adam-abdelmoula-and-regional-humanitarian-coordinator-syria-crisis-mr-muhannad-hadi-renewed-hostilities-northern-syria-enar (last visited Oct. 6, 2023).
\22\ UNOCHA, North-west Syria: Escalation of Hostilities--Flash
Update No. 3, Oct. 13, 2023, available at https://reliefweb.int/report/syrian-arab-republic/north-west-syria-escalation-hostilities-flash-update-no3-13-october-2023-enar (last visited Oct. 26, 2023).
\23\ Id.
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Since the conflict began, civilian casualty counts have varied
among media sources and human rights groups, in part due to the large
number of missing and forcibly disappeared Syrians. Human rights groups
estimate more than 550,000 people have been

[[Page 5566]]

killed since the start of the conflict.\24\ Armed actors, including
those of the Syrian regime and its Russian allies, continue to strike
civilians and civilian facilities.\25\ The Syrian Network for Human
Rights (SNHR) reported that ground attacks and airstrikes ``have caused
the destruction of homes, schools, hospitals, shops and other
structures, and that there are reasonable grounds to believe that the
war crime of attacking civilians has been committed in many cases.''
\26\ In the first half of 2023, through June, SNHR documented that
parties to the conflict and controlling forces in Syria killed 501
civilians, including 71 children and 42 women.\27\
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\24\ U.S. Dep't of State, 2022 Country Report on Human Rights
Practices: Syria, Mar. 20, 2023, available at https://www.state.gov/
reports/2022-country-reports-on-human-rights-practices/syria/
#:~:text=As%20of%20December%2C%20the%20SNHR,Directorate%2C%20Air%20Fo
rce%20Intelligence%20Directorate%2C (last visited Dec. 7, 2023).
\25\ Syrian Network for Human Rights, Most Notable Human Rights
Violations in Syria in May 2023, June 5, 2023, available at https://reliefweb.int/report/syrian-arab-republic/most-notable-human-rights-violations-syria-may-2023 (last visited Oct. 10, 2023).
\26\ Id.
\27\ Syrian Network for Human Rights, 501 Civilians, Including
71 Children, 42 Woman, and 20 Individuals Who Died due to Torture
Documented Killed in Syria, in the First Half of 2023, July 2, 2023,
7, available at https://reliefweb.int/report/syrian-arab-republic/501-civilians-including-71-children-42-woman-and-20-individuals-who-died-due-torture-documented-killed-syria-first-half-2023 (last
visited Oct. 5, 2023).
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Human Rights Abuses and Civilian Deaths

The Syrian regime and other armed actors continue to commit human
rights abuses. There are documented reports of unjust killings,
arbitrary arrests, enforced disappearances, forced displacements,
seizures of land and properties, and rampant security instability that
have ``provided a ripe environment for many assassinations and
bombings.'' \28\ During the January 2023 escalation of violence in
regime-controlled areas, SNHR reported that 55 civilians died, at least
42 civilians were arbitrarily arrested by regime forces and
intelligence services, and 14 civilians were kidnapped.\29\ SNHR
reported that, in the first half of 2023, 20 individuals, including
civilians, died due to torture and that the Syrian regime was
reportedly responsible for the deaths of 30 percent of these
individuals.\30\
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\28\ Syrian Network for Human Rights, 12th Annual Report--Most
notable violations in 2022, 6-7, Jan. 24, 2023, available at https://snhr.org/blog/2023/01/24/snhrs-12th-annual-report-most-notable-human-rights-violations-in-syria-in-2022/ (last visited Oct. 5,
2023).
\29\ The Syrian Observatory for Human Rights, Regime-controlled
areas in January 2023 Nearly 190 fatalities in acts of violence . .
. 12 assassinations and attacks in three provinces . . . escalating
living crises, Feb. 9, 2023, available at https://www.syriahr.com/en/288096/ (last visited Oct. 6, 2023).
\30\ Syrian Network for Human Rights, 501 Civilians, Including
71 Children, 42 Woman, and 20 Individuals Who Died due to Torture
Documented Killed in Syria, in the First Half of 2023, July 2, 2023,
13, available at https://reliefweb.int/report/syrian-arab-republic/501-civilians-including-71-children-42-woman-and-20-individuals-who-died-due-torture-documented-killed-syria-first-half-2023 (last
visited Oct. 5, 2023).
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Humanitarian and Economic Situation

Since 2022, the number of people in Syria in need of humanitarian
assistance has increased by five percent to 15.3 million people, which
is over two thirds of the population.\31\ Of those 15.3 million people,
there are 7 million children currently in need of humanitarian
assistance.\32\ According to the European Union's Directorate-General
for Civil Protection and Humanitarian Aid Operations, 85 percent of
households cannot meet their basic needs, over half the population
lacks a stable water source, and more than 12 million people are food
insecure.\33\
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\31\ UNHCR, Syria: UNHCR Operational Update, September 2023,
Oct. 18, 2023, available at https://reliefweb.int/report/syrian-arab-republic/syria-unhcr-operational-update-september-2023-enar
(last visited Oct. 27, 2023).
\32\ UNICEF, Humanitarian Action for Children 2023--Syria, June
2023, available at https://www.unicef.org/media/143511/file/2023-HAC-Syrian-Arab-Republic-revised-June.pdf (last visited Nov. 27,
2023).
\33\ European Commission, European Civil Protection and
Humanitarian Aid Operations, Syria, last updated Nov. 24, 2023,
available at https://civil-protection-humanitarian-aid.ec.europa.eu/where/middle-east-and-northern-africa/syria_en (last visited Oct. 6,
2023).
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Food insecurity is of particular concern as the Syrian economy has
been rapidly deteriorating.\34\ Syria is experiencing hyperinflation
with a record depreciation of the Syrian pound, which has led to
substantial food and fuel price hikes.^{35 36} About, 12.1
million Syrians (almost 60 percent of the population) are considered
food insecure, with an additional three million more Syrians at risk of
food insecurity.\37\ After years of conflict, Syria is now one of six
countries ``with the highest food insecurity in the world.'' \38\ Over
the course of the conflict ``wheat production has declined by 75 per
cent due to damaged infrastructure, the high cost of fuel, and drought-
like conditions.'' \39\
---------------------------------------------------------------------------

\34\ World Food Programme, Syria--Market Price Watch Bulletin
July 2023, Aug. 23, 2023, available at https://reliefweb.int/report/syrian-arab-republic/syria-market-price-watch-bulletin-july-2023
(last visited Sept. 27, 2023).
\35\ Reuters, Syria slashes gasoline subsidy, boosts public-
sector salaries, Aug. 16, 2023, available at https://www.reuters.com/world/middle-east/syria-slashes-gasoline-subsidy-boosts-public-sector-salaries-2023-08-16/ (last visited Oct. 6,
2023).
\36\ BBC News, Syria doubles public-sector pay and cuts
subsidies as economy sinks, Aug. 16, 2023, available at https://www.bbc.com/news/world-middle-east-66526132 (last visited Oct. 6,
2023).
\37\ UN News, More than half of all Syrians going hungry: WFP,
Mar. 14, 2023, available at https://news.un.org/en/story/2023/03/1134567 (last visited Oct. 6, 2023).
\38\ Id.
\39\ Id.
---------------------------------------------------------------------------

The February 6, 2023 earthquake and subsequent aftershock that hit
southern Turkey near the Syrian border also contributed to the
worsening humanitarian situation and economic deterioration in
Syria.\40\ According to the International Blue Crescent Relief and
Development Foundation, the earthquake killed 8,476 people in
Syria.\41\ In addition to the loss of life, the earthquake has also had
devastating effects on Syria's economy, infrastructure, and health
sector.\42\ Prior to the earthquake, 90 percent of Syrians lived in
poverty.\43\ The effect of the earthquake in the northern border region
of Syria resulted in further economic hardships. An estimated 170,000
employees lost their jobs because of the earthquake and approximately
35,000 micro, small, and medium sized businesses were damaged.\44\ As a
result, Syria's temporary loss of employment has been calculated to be
a loss of labor income equal to at least 5.7 million dollars per
month.\45\ The United Nations estimates that Syria needs almost 15
billion dollars to recover from the earthquakes.\46\
---------------------------------------------------------------------------

\40\ Erol Yayboke, Shattered Relief: A 7.8-Magnitude Earthquake
Strikes Turkey and Syria, CSIS, Feb. 7, 2023, available at https://www.csis.org/analysis/shattered-relief-78-magnitude-earthquake-strikes-turkey-and-syria (last visited Oct. 10, 2023).
\41\ International Blue Crescent, Kahramanmara[scedil]
Earthquakes Situation Report, Apr. 6, 2023, 2, available at https://reliefweb.int/report/turkiye/devastating-earthquakes-southern-turkiye-and-northern-syria-april-6th-2023-situation-report-20-entr
(last visited Oct. 10, 2023).
\42\ Id.
\43\ Middle East Monitor, UN Chief says 90% of Syrians live
below poverty line, Jan. 14, 2022, available at https://www.middleeastmonitor.com/20220114-un-chief-says-90-of-syrians-live-below-poverty-line/ (last visited Oct. 10, 2023).
\44\ International Blue Crescent, Kahramanmara[scedil]
Earthquakes Situation Report, Apr. 6, 2023, 6, available at https://reliefweb.int/report/turkiye/devastating-earthquakes-southern-turkiye-and-northern-syria-april-6th-2023-situation-report-20-entr
(last visited Oct. 10, 2023).
\45\ Id.
\46\ UN News, Almost $15 billion needed for earthquake recovery
in Syria, May 8, 2023, available at https://news.un.org/en/story/2023/05/1136452 (last visited Oct. 6, 2023).
---------------------------------------------------------------------------

Healthcare Needs and Access to Water

Over 15.3 million people in Syria need healthcare assistance, which
is an

[[Page 5567]]

increase of 3.2 million people from 2022.\47\ The World Health
Organization reports that 41 percent of public hospitals and 43 percent
of primary health care facilities are either partially functioning or
not functioning at all.\48\ Further, up to 50 percent of healthcare
workers have fled Syria since the start of the conflict.\49\ In January
2023, sources in regime-controlled areas reported a lack of medicine in
pharmacies as well as a significant increase in the prices of medicine
for heart disease, epilepsy, diabetes, cancer, and the flu.\50\
---------------------------------------------------------------------------

\47\ World Health Organization, Health sector needs HNO 2023,
Dec. 4, 2022, available at https://reliefweb.int/report/syrian-arab-republic/health-sector-needs-hno-2023 (last visited Oct. 12, 2023).
\48\ Id.
\49\ World Health Organization, Syrian Arab Republic: Public
Health Situation Analysis (PHSA) Long-form, Aug. 18, 2022, 2,
available at https://reliefweb.int/report/syrian-arab-republic/syrian-arab-republic-public-health-situation-analysis-phsa-long-form-last-update-18-august-2022 (last visited Oct. 12, 2023).
\50\ The Syrian Observatory for Human Rights, Regime-controlled
areas in January 2023 Nearly 190 fatalities in acts of violence . .
. 12 assassinations and attacks in three provinces . . . escalating
living crises, Feb. 9, 2023, available at https://www.syriahr.com/en/288096/ (last visited Oct. 6, 2023).
---------------------------------------------------------------------------

Access to clean water outside of northwest Syria continues to be a
serious situation for many Syrians as 52 percent of Syrians lack access
to clean water and must turn to unsafe alternatives, such as polluted
rivers or unregulated private companies providing unclean water.\51\
Before the war, 92 percent of Syrians had consistent access to clean
water but over the last few years, Syria's water infrastructure has
deteriorated quickly, whether because of the conflict, climate change,
Syria's energy crisis, and/or conflict actors limiting access to water
as a political pressure tactic.\52\ Without clean water, Syrians must
forego basic hygiene and clean drinking water, which leaves Syrians at
risk for infectious waterborne diseases.\53\
---------------------------------------------------------------------------

\51\ The Century Foundation, Cholera in the Time of Assad: How
Syria's Water Crisis Caused an Avoidable Outbreak, Jan. 24, 2023,
available at https://tcf.org/content/report/cholera-in-the-time-of-
assad-how-syrias-water-crisis-caused-an-avoidable-outbreak/
#:~:text=According%20to%20UN%20data%20collected,over%20the%20past%20f
ew%20years. (last visited Oct. 10, 2023).
\52\ Id.
\53\ Id.
---------------------------------------------------------------------------

In February 2023, the earthquake exacerbated the health care system
in northwest Syria, the area that saw most of the damage.\54\ The World
Bank estimates that the total effect of both the damage and loss due to
the earthquake on Syria's health sector is 300.4 million dollars.\55\
Northwest Syria's earthquake-damaged infrastructure includes water,
sanitation, and hygiene, and healthcare facilities, raising health
concerns related to contaminated water and an increased risk of
waterborne illness.^{56 57}
---------------------------------------------------------------------------

\54\ The World Bank, Syria Earthquake 2023 Rapid Damage and
Needs Assessment (RDNA), Mar. 2023, 48, available at https://reliefweb.int/report/syrian-arab-republic/syria-earthquake-2023-rapid-damage-and-needs-assessment-rdna-enar (last visited Nov. 9,
2023).
\55\ Id.
\56\ Maia C Tarnas, Naser Almhawish, Nabil Karah, Richard
Sullivan, & Aula Abbara, Communicable diseases in northwest Syria in
the context of protracted armed conflict and earthquakes, The Lancet
Infectious Diseases, July 2023, ISSN 1473-3099, available at https://doi.org/10.1016/S1473-3099(23)00201-3 (last visited Oct. 6, 2023).
\57\ The World Bank, Syria Earthquake 2023 Rapid Damage and
Needs Assessment (RDNA), Mar. 2023, 49, available at https://reliefweb.int/report/syrian-arab-republic/syria-earthquake-2023-rapid-damage-and-needs-assessment-rdna-enar (last visited Oct. 10,
2023).
---------------------------------------------------------------------------

In summary, over a decade after the uprising that sparked the war,
the Syrian conflict remains ongoing and detrimental impacts on the
country continue. Armed actors continue to kill civilians and destroy
vital civilian infrastructure, the economy is rapidly deteriorating,
and Syrians cannot afford their basic needs, such as food and
healthcare. Further, the lack of access to clean water has created a
serious problem for those in most of the country. The February 2023
earthquake further complicated these issues.
Based on this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
The conditions supporting Syria'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 Syria
and, due to such conflict, requiring the return to Syria of Syrian
nationals (or individuals having no nationality who last habitually
resided in Syria) 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 Syria that prevent Syrian nationals (or individuals
having no nationality who last habitually resided in Syria) from
returning to Syria in safety, and it is not contrary to the national
interest of the United States to permit Syrian 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 Syria for TPS should be extended for an
18-month period, beginning on April 1, 2024, and ending on September
30, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Due to the conditions described above, Syria should be
simultaneously extended and redesignated for TPS beginning on April 1,
2024, and ending on September 30, 2025. See INA sec. 244(b)(1)(A) and
(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
For the redesignation, the Secretary has determined that
TPS applicants must demonstrate that they have continuously resided in
the United States since January 25, 2024.
Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since April 1, 2024, the effective date of the
redesignation of Syria for TPS.
There are approximately 6,200 current Syria TPS
beneficiaries who are eligible to re-register for TPS under the
extension.
It is estimated that approximately 2,500 additional
individuals may be eligible for TPS under the redesignation of Syria.
This population includes Syrian nationals in the United States in
nonimmigrant status or without immigration status.

Notice of the Designation of Syria 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 Syria'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 allow
Syrian TPS beneficiaries to remain in the United States temporarily.
See INA sec. 244(b)(1)(A), (C); 8 U.S.C. 1254a(b)(1)(A), (C). On the
basis of this determination, I am simultaneously extending the existing
designation of Syria for TPS for 18 months, beginning on April 1, 2024,
and ending on September 30, 2025, and redesignating Syria for TPS for
the same 18-month period. See INA sec. 244(b)(1)(A), (C), and (b)(2); 8
U.S.C. 1254a(b)(1)(A), (C), and (b)(2).

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

[[Page 5568]]

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
Syria, you must submit a Form I-821, Application for Temporary
Protected Status. If you are submitting an initial TPS application, you
must pay the application 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 application fee. Whether you are registering as an initial
applicant or re-registering, you may be required to pay the biometric
services fee. If you can demonstrate an inability to pay the biometric
services fee, you may request to have the fee waived. Please see
additional information under the ``Biometric Services Fee'' section of
this notice.
TPS beneficiaries are eligible for an Employment Authorization
Document (EAD), which proves their authorization to work in the United
States. You are not required to submit Form I-765, Application for
Employment Authorization, or have an EAD to be granted TPS, but see
below for more information if you want an EAD to use as proof that you
can work in the United States.
Individuals who have a Syria TPS application (Form I-821) that was
still pending as of January 29, 2024, do not need to file the
application again. If USCIS approves an individual's Form I-821, USCIS
will grant the individual TPS through September 30, 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). 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 a
Syria TPS-related Form I-765 that was still pending as of January 29,
2024 do not need to file the application again. If USCIS approves a
pending TPS-related Form I-765, USCIS will issue the individual a new
EAD that will be valid through September 30, 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

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.\58\ To file these forms online, you must
first create a USCIS online account.\59\
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\58\ Find information about online filing at ``Forms Available
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
\59\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

Mail filing: 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-Mailing Addresses.

Table 1--Mailing Addresses
------------------------------------------------------------------------
If you send your paper application via: Then, mail your application to:

------------------------------------------------------------------------
U.S. Postal Service (USPS)............. USCIS, Attn: TPS Syria, P.O.
Box 6943, Chicago, IL 60680-
6943.
FedEx, UPS, or DHL deliveries.......... USCIS, Attn: TPS Syria (Box
6943), 131 S Dearborn 3rd
Floor, Chicago, IL 60603-5517.
------------------------------------------------------------------------

If you were granted TPS by an immigration judge or the Board of
Immigration Appeals (BIA) and you wish to request an EAD, please file
online or mail your Form I-765 to the appropriate 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 immigration judge or BIA grant of TPS, please include with your
application a copy of the order from the immigration judge or BIA
granting you TPS. This will help us verify your grant of TPS and
process your application.

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 (also
called, registering) for TPS on the USCIS website at https://www.uscis.gov/tps under ``Syria.''

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.

[[Page 5569]]

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. Box
approved Form I-821, and you are using 660167, Dallas, TX 75266-0867.
the U.S. Postal Service (USPS): You
must include a copy of the receipt
notice (Form I-797 or I-797C) showing
we accepted or approved your Form I-
821.
Filing Form I-131 based on a pending or USCIS Attn: I-131 TPS, 2501 S
approved Form I-821, and you are using State Hwy. 121 Business, Ste.
FedEx, UPS, or DHL: 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 31, 2025, through this Federal Register notice?

Yes. Regardless of your country of birth, if you currently have a
Syria TPS-based EAD with the notation A-12 or C-19 under Category and a
Card Expires date of March 31, 2024, September 30, 2022, or March 31,
2021, this Federal Register notice automatically extends your EAD
through March 31, 2025. Although this Federal Register notice
automatically extends your EAD through March 31, 2025, you must timely
re-register 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 31, 2024, September 30,
2022, or March 31, 2021, 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 31, 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 reflect the TPS-designated country of Syria 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

[[Page 5570]]

explain what to do for Form I-9 and to show that USCIS has
automatically extended your EAD through March 31, 2025, but you are not
required to do so. The last day of the automatic EAD extension is March
31, 2025. Before you start work on April 1, 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, 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. If you want to obtain a new TPS-based EAD valid
through September 30, 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 Syrian 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 Syrian
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 April 1, 2025:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until'' and enter March
31, 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 31, 2024,
September 30, 2022 or March 31, 2021;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write March 31, 2025, as the expiration date.
Before the start of work on April 1, 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 31, 2024,
September 30, 2022, or March 31, 2021. Your employer may not rely on
the country of birth listed on the card to determine whether you are
eligible for this extension.
If your employer determines that USCIS has automatically extended
your EAD, your employer should update Section 2 of your previously
completed Form I-9 as follows:
1. Write EAD EXT and March 31, 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 April 1, 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 31,
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. Before this
employee starts work on April 1, 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

[[Page 5571]]

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 or applicant, 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 Syria;
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://www.uscis.gov/save/save-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/save-resources, 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. 2024-01764 Filed 1-26-24; 8:45 am]
BILLING CODE 9111-97-P