[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Notices]
[Pages 20682-20690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06104]



[[Page 20682]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2765-24; DHS Docket No. USCIS-2021-0005]
RIN 1615-ZB88


Extension and Redesignation of Burma (Myanmar) 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 Burma for Temporary Protected Status (TPS) 
for 18 months, beginning on May 26, 2024, and ending on November 25, 
2025. This extension allows existing TPS beneficiaries to retain TPS 
through November 25, 2025, if they otherwise continue to meet the 
eligibility requirements for TPS. Existing TPS beneficiaries who wish 
to extend their status through November 25, 2025, must re-register 
during the 60-day re-registration period described in this notice. The 
Secretary is also redesignating Burma for TPS. The redesignation of 
Burma allows additional nationals of Burma (and individuals having no 
nationality who last habitually resided in Burma) who have been 
continuously residing in the United States since March 21, 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 March 21, 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 
May 26, 2024, the effective date of this redesignation of Burma for 
TPS.

DATES: Extension and Redesignation of the Designation of Burma for TPS 
begins on May 26, 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 Burma's TPS designation by selecting 
``Burma'' from the menu on the left side of the TPS web page.
     If you have additional questions about TPS, please visit 
https://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 Burma for TPS: The 18-month designation 
of Burma for TPS begins on May 26, 2024, and will remain in effect for 
18 months, ending on November 25, 2025. The extension affects existing 
beneficiaries of TPS.
    Re-registration: The 60-day re-registration period for existing 
beneficiaries runs from March 25, 2024, through May 24, 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 Document (EAD) expires, as delaying re-registration could 
result in gaps in their employment authorization documentation.)
    Redesignation of Burma for TPS: The 18-month redesignation of Burma 
for TPS begins on May 26, 2024, and will remain in effect for 18 
months, ending on November 25, 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 to apply under the Burma TPS redesignation begins on March 
25, 2024, and will remain in effect through November 25, 2025.

Purpose of This Action (TPS)

    Through this notice, DHS sets forth procedures necessary for 
nationals of Burma (or individuals having no nationality who last 
habitually resided in Burma) 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 Burma 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 Burma's 
designation, the 60-day re-registration period runs from March 25, 
2024, through May 24, 2024. USCIS will issue new EADs with a November 
25, 2025, expiration date to eligible TPS beneficiaries from Burma 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

[[Page 20683]]

Federal Register notice, DHS automatically extends through May 25, 
2025, the validity of certain EADs previously issued under the TPS 
designation of Burma. As proof of continued employment authorization 
through May 25, 2025, TPS beneficiaries can show their EAD with the 
notation A-12 or C-19 under Category and a ``Card Expires'' date of May 
25, 2024, or November 25, 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 a Burma TPS application (Form I-821) or 
Application for Employment Authorization (Form I-765) that was still 
pending as of March 25, 2024, 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 November 25, 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 March 25, 2024, through the full length of the 
redesignation period ending November 25, 2025. In addition to 
demonstrating continuous residence in the United States since March 21, 
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 May 26, 
2024,\1\ the effective date of this redesignation of Burma, before 
USCIS may grant them TPS. DHS estimates that approximately 7,300 
individuals may become newly eligible for TPS under the redesignation 
of Burma.
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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 Burma designated for TPS?

    Burma was originally designated for TPS on May 25, 2021, on the 
basis of extraordinary and temporary conditions that prevented 
nationals of Burma from returning in safety.\2\ On September 27, 2022, 
DHS extended and redesignated Burma for TPS for 18 months based on 
extraordinary and temporary conditions, from November 26, 2022, to May 
25, 2024.\3\
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    \2\ See Designation of Burma (Myanmar) for Temporary Protected 
Status, 86 FR 28132 (May 25, 2021).
    \3\ See Extension and Redesignation of Burma (Myanmar) for 
Temporary Protected Status, 87 FR 58515 (Sept. 27, 2022).
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What authority does the Secretary have to extend the designation of 
Burma 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.\4\ 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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    \4\ 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 Burma 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).\5\
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    \5\ The extension and redesignation of TPS for Burma 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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[[Page 20684]]

    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 Burma will be March 21, 2024. Initial applicants for 
TPS under this redesignation must also show they have been 
``continuously physically present'' in the United States since May 26, 
2024, which is the effective date of the Secretary's redesignation of 
Burma. 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 May 26, 2024, 
the effective date of this redesignation for Burma.
    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 Burma and 
simultaneously redesignating Burma for TPS through November 25, 2025?

    DHS has reviewed country conditions in Burma. Based on the review, 
including input received from Department of State (DoS) and other U.S. 
Government agencies, the Secretary has determined that an 18-month TPS 
extension is warranted because extraordinary and temporary conditions 
supporting Burma's TPS designation remain. The Secretary has further 
determined that redesignating Burma 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 February 1, 2021, military coup that overthrew Burma's 
democratically elected civilian government gave rise to further 
widespread violence that continues to put persons in Burma at 
significant risk. Attacks killing civilians are frequent, and 
particularly affect members of certain ethnic groups. Human trafficking 
perpetrated by both the military regime and criminal actors is 
prevalent. Burma also faces challenges in the provision of food, access 
to health care, and economic stability.

Ongoing Violence

    Violence stemming from the coup has affected an estimated 315 of 
Burma's 330 townships.\6\ Those harmed include supporters of the 
opposition National Unity Government (NUG), pro-democracy People's 
Defense Forces (PDFs), Ethnic Resistance Organizations (EROs), and 
civilians perceived to oppose the military regime. Since the coup 
began, the regime has reportedly killed more than 4,000 people.\7\
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    \6\ Myanmar's junta suffers startling defeats, The Economist, 
Nov. 16, 2023, available at https://www.economist.com/asia/2023/11/16/myanmars-junta-suffers-startling-defeats (last visited Nov. 24, 
2023).
    \7\ Daily Briefing in Relation to the Military Coup, Assistance 
Association for Political Prisoners, Dec. 4, 2023, available at 
https://aappb.org/?lang=en (last visited Dec. 4, 2023).
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    The military-appointed State Administration Council reportedly has 
adopted the ``four cuts'' strategy--which relies on airstrikes and 
shelling, razing of entire villages, and denial of humanitarian 
access--to sever resistance groups from food, finances, intelligence, 
recruits, and popular support.\8\ Observers attest that due to 
``continued armed and unarmed resistance to the coup it set in motion 
two years ago, [Burma's military] has increasingly resorted to 
targeting civilians as it fails to consolidate control over the 
country.'' \9\ A monitoring mechanism established to collect evidence 
of serious violations of international law has tracked a ``marked 
increase'' in the use of bombs against civilians.\10\ Further, the 
regime's security forces are commonly reported to have committed 
disappearances, excessive use of force, gender-based violence, and 
other abuses, with some PDF and ERO groups accused of similar 
abuses.\11\
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    \8\ The Unfolding Humanitarian Crisis in Myanmar, The Diplomat, 
Sep. 30, 2023, available at https://thediplomat.com/2023/09/the-unfolding-humanitarian-crisis-in-myanmar/ (last visited Dec. 5, 
2023); Military's `four cuts' doctrine drives perpetual human rights 
crisis in Myanmar, says UN report, Office of the High Commissioner 
for Human Rights, Mar. 3, 2023, available at https://www.ohchr.org/en/press-releases/2023/03/militarys-four-cuts-doctrine-drives-perpetual-human-rights-crisis-myanmar (last visited Dec. 5, 2023).
    \9\ Armed Conflict Location and Event Database, Myanmar: 
Continued Opposition to the Junta Amid Increasing Civilian Targeting 
by the Military, Feb. 8, 2023, available at: https://acleddata.com/conflict-watchlist-2023/myanmar/ (last visited Feb. 6, 2024).
    \10\ Rebecca Tan and Cape Diamond, Myanmar's military said it 
bombed ``terrorists.'' It killed children., The Washington Post, 
Aug. 4, 2023, available at https://www.washingtonpost.com/world/2023/08/04/myanmar-military-attack-civilians-children/ (last visited 
Feb. 6, 2024).
    \11\ U.S. Dep't of State, 2022 Country Reports on Human Rights 
Practices: Burma, Mar. 20, 2023, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/burma/ (last 
visited Feb. 6, 2024).
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    The regime has unleashed brutal violence against PDFs, including 
the use of beheadings and bodily mutilation to terrorize the 
opposition.\12\ It reportedly has also used ultranationalist, pro-
military armed groups to collect information on opponents, spread 
propaganda, destroy property, and engage in violent tactics as a means 
of ``psychological warfare'' against people in Burma, with the goal of 
``terrorizing civilians into submission.'' \13\
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    \12\ ``Ogre'' battalion uses brutality to install terror in 
Myanmar, Radio Free Asia, Apr. 22, 2023, available at https://www.rfa.org/english/news/myanmar/ogre-04192023150057.html (last 
visited Feb. 6, 2024).
    \13\ The Rise of Pyy Saw Htee, Mar. 12, 2022, available at 
https://progressivevoicemyanmar.org/2022/03/12/the-rising-of-pyu-saw-htee/ (last visited Feb. 7, 2024).
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    This violence has disproportionately affected certain ethnic 
groups. Members of Karen and Karenni ethnic groups in eastern Burma 
reportedly are particularly targeted with violence due to their 
longstanding history of political awareness and resistance.\14\ 
Residents of Chin State, home to the ethnic Chin minority, have been 
displaced in large numbers since the coup, with approximately 50,000 
residents having crossed into India and more than 48,000 internally 
displaced.\15\ Rohingya continue to suffer mistreatment; even before 
the coup, the military promoted discriminatory policies and rhetoric 
toward Rohingya and excluded them from citizenship, political life, and 
vital services,\16\ with the United States assessing that members of 
Burma's military have committed genocide and crimes against humanity 
against them.\17\
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    \14\ Myanmar's `forgotten people' bear the brunt of war, Nikkei 
Asia, Mar. 31, 2023, available at https://asia.nikkei.com/Life-Arts/Life/Myanmar-s-forgotten-people-bear-brunt-of-war (last visited Nov. 
27, 2023).
    \15\ Myanmar Emergency Overview Map, U.N. High Commission for 
Refugees (UNHCR), Nov. 7, 2023, available at https://www.ecoi.net/en/file/local/2100306/231106+Myanmar+displacement+overview.pdf.
    \16\ Myanmar Authorities Must Ensure Full Legal Recognition of 
the Right to Citizenship of All Rohingya People, Deputy High 
Commissioner tells Human Rights Council--Council Concludes 
Interactive Dialogue with the High Commissioner on his Annual 
Report, June 21, 2023, available at https://www.ohchr.org/en/news/2023/06/myanmar-authorities-must-ensure-full-legal-recognition-right-citizenship-all-rohingya (last visited Nov. 27, 2023).
    \17\ U.S. Dep't of State, Genocide, Crimes Against Humanity and 
Ethnic Cleansing of Rohingya in Burma, available at https://www.state.gov/burma-genocide/ (last visited Dec. 4, 2023).

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[[Page 20685]]

    From May 24, 2022, to November 7, 2023, the number of persons in 
Burma displaced internally due to the effects of the coup grew from an 
estimated 694,300 people to an estimated 1,710,200, an increase of 
146%.\18\ In the same period, the number of persons displaced from 
Burma to neighboring countries increased from an estimated 40,200 
people to an estimated 54,900, a rise of 37%.\19\ In light of recent 
fighting that has caused further displacement, the total number of 
displaced persons is now thought to have reached 2.6 million.\20\
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    \18\ Myanmar Emergency Overview Map, UNHCR, Nov. 7, 2023, 
available at https://www.ecoi.net/en/file/local/2100306/231106+Myanmar+displacement+overview.pdf; Myanmar Emergency Overview 
Map, UNHCR, May 24, 2022, available at https://www.ecoi.net/en/file/local/2073589/220523+Myanmar+displacement+overview.pdf.
    \19\ Myanmar Emergency Overview Map, UNHCR, Nov. 7, 2023, 
available at https://www.ecoi.net/en/file/local/2100306/231106+Myanmar+displacement+overview.pdf; Myanmar Emergency Overview 
Map, UNHCR, May 24, 2022, available at https://www.ecoi.net/en/file/local/2073589/220523+Myanmar+displacement+overview.pdf.
    \20\ Myanmar: Intensification of Clashes Flash Update #10, U.N. 
Office for the Coordination of Humanitarian Affairs (UNOCHA), Dec. 
15, 2023, available at https://reliefweb.int/report/myanmar/myanmar-intensification-clashes-flash-update-10-15-december-2023-enmy (last 
visited Jan. 11, 2024).
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Human Trafficking

    The military reportedly has forcibly used and recruited adults and 
children--including through abduction and threats of death--in various 
military support roles and as human shields, and also uses children in 
combat roles.\21\ Armed groups fighting against the military of Burma 
have been accused of forced recruitment or use as well.\22\
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    \21\ U.S. Dep't of State, 2023 Trafficking in Persons Report: 
Burma, June 15, 2023, available at https://www.state.gov/reports/
2023-trafficking-in-persons-report/burma/
#:~:text=Burma%20does%20not%20fully%20meet,Burma%20remained%20on%20Ti
er%203 (last visited Nov. 28, 2023).
    \22\ Pay, Flee or Pay to Avoid Forced Military Conscription, 
Karen News, Dec. 10, 2022, available at https://karennews.org/2022/12/pay-flee-or-pay-to-avoid-forced-military-conscription/ (last 
visited Nov. 27, 2023).
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    The regime relies on human trafficking to profit from international 
scams, with reports of ``one particularly sinister enclave'' in which 
``as many as 10,000 people are enslaved[,] . . . tortured or, according 
to some accounts, threatened with having their organs harvested if they 
fail to generate adequate revenue from operating scams.'' \23\ Sources 
estimate that at least 120,000 people across the country may be held in 
situations where traffickers exploit them in forced criminality to 
carry out online scams.\24\ Further, criminal industries relying on 
human trafficking have moved to Burma from elsewhere in southeast Asia, 
with Burma having ``emerged as the preferred location for criminal 
groups to base their trafficking and scam operations,'' as ``revenue 
from organized crime via corrupt border guard forces has become a key 
pillar of [Burma's army's] survival strategy.'' \25\ Some EROs are also 
allegedly complicit in large-scale forced labor in forced criminality 
of migrant workers in scam centers, and are alleged to use physical and 
sexual violence to compel the migrants.\26\
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    \23\ Myanmar's Criminal Zones: A Growing Threat to Global 
Security, U.S. Institute of Peace, Nov. 9, 2022, available at 
https://www.usip.org/publications/2022/11/myanmars-criminal-zones-growing-threat-global-security (last visited Nov. 28, 2022).
    \24\ Online Scam Operations and Trafficking into Forced 
Criminality in Southeast Asia: Recommendations for a Human Rights 
Response, U.N. Office of the High Commissioner for Human Rights, 
Aug. 25, 2023, available at https://bangkok.ohchr.org/wp-content/uploads/2023/08/ONLINE-SCAM-OPERATIONS-2582023.pdf (last visited 
Nov. 28, 2023).
    \25\ Myanmar's Criminal Zones: A Growing Threat to Global 
Security, U.S. Institute of Peace, Nov. 9, 2022, available at 
https://www.usip.org/publications/2022/11/myanmars-criminal-zones-growing-threat-global-security (last visited Nov. 28, 2022).
    \26\ U.S. Dep't of State, 2023 Trafficking in Persons Report: 
Burma, June 15, 2023, available at https://www.state.gov/reports/
2023-trafficking-in-persons-report/burma/
#:~:text=Burma%20does%20not%20fully%20meet,Burma% 
20remained%20on%20Tier%203 (last visited Nov. 28, 2023).
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Humanitarian Needs

    Around 12.9 million people in Burma are considered to be either 
moderately or severely food insecure.\27\ Rising food prices and 
reduced incomes have worsened food security and nutrition.\28\ At mid-
year, the United Nations assessed that its nutrition aid had reached 
only 17% of the children targeted for assistance related to severe 
acute malnutrition in 2023.\29\ Administrative and physical 
restrictions have delayed or forced the cancellation of humanitarian 
aid deliveries more broadly.\30\
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    \27\ Myanmar Humanitarian Update No. 34, UNOCHA, Nov. 10, 2023, 
available at https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-34-10-november-2023 (last visited Nov. 28, 
2023).
    \28\ The World Bank, Myanmar Economic Monitor June 2023: A 
fragile recovery. Key Findings, June 27, 2023, available at https://www.worldbank.org/en/country/myanmar/publication/myanmar-economic-monitor-june-2023-a-fragile-recovery-key-findings (last visited Nov. 
29, 2023).
    \29\ Humanitarian Response Plan: Myanmar-Mid-year Report 2023, 
UNOCHA, Oct. 2023, available at https://myanmar.un.org/sites/
default/files/2023-10/MMR%20HRP%20MID-YEAR%20REPORT%20''2023_0.pdf 
(last visited Nov. 28, 2023).
    \30\ Myanmar Humanitarian Update No. 34, UNOCHA, Nov. 10, 2023, 
available at https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-34-10-november-2023 (last visited Nov. 28, 
2023).
---------------------------------------------------------------------------

    Reports indicate that ``health care infrastructures have all but 
collapsed,'' partly due to many health care providers participating in 
civil disobedience movements among public sector workers aimed at 
undermining the military's control.\31\ Additionally, health care 
providers have been arrested on suspicion of supporting resistance 
forces and hospitals have been damaged by military attacks.\32\
---------------------------------------------------------------------------

    \31\ Wei-Ti Chen et al, Infrastructure collapsed, health care 
access disrupted, Myanmar people with chronic diseases are in 
danger, Journal of Global Health, Jan. 2023, available at https://jogh.org/wp-content/uploads/2023/01/jogh-13-03002.pdf; Progressive 
Voice, Civil Disobedience Movement: A Foundation of Myanmar's Spring 
Revolution and Force Behind Military's Failed Coup, May 25, 2023, 
available at https://progressivevoicemyanmar.org/2023/05/25/civil-disobedience-movement-a-foundation-of-myanmars-spring-revolution-and-force-behind-militarys-failed-coup/(last visited Nov. 22, 2023).
    \32\ Attacks on Health Care in Myanmar, Insecurity Insight, Mar. 
14, 2023, available at https://reliefweb.int/report/myanmar/attacks-health-care-myanmar-22-february-07-march-2023 (last visited Nov. 28, 
2023).
---------------------------------------------------------------------------

    Economic conditions in Burma, which have deteriorated in part due 
to conflict, have worsened the humanitarian crisis.\33\ Burma's economy 
experienced a sharp contraction in 2021 and, while it is beginning to 
recover, remains at pre-pandemic levels, with conflict-related factors 
continuing to inhibit growth.\34\ Inflation in 2023 declined slightly 
but remained high, above 14%.\35\
---------------------------------------------------------------------------

    \33\ The Unfolding Humanitarian Crisis in Myanmar, The Diplomat, 
Sep. 30, 2023, available at https://thediplomat.com/2023/09/the-unfolding-humanitarian-crisis-in-myanmar/ (last visited Nov. 29, 
2023).
    \34\ Myanmar economy to remain `severely diminished' amid 
conflict--World Bank, Reuters, Mar. 30, 20203, available at https://
www.reuters.com/markets/asia/myanmar-economy-remain-severely-
diminished-amid-conflict-world-bank-2023-03-31/
#:~:text=The%20World%20Bank%20said%20Myanmar's,according%20to%20the%2
0World%20Bank (last visited Nov. 29, 2023).
    \35\ Myanmar: Inflation rate from 2008 to 2023, Statista, Oct. 
2023, available at https://www.statista.com/statistics/525770/inflation-rate-in-myanmar/ (last visited Nov. 29, 2023).
---------------------------------------------------------------------------

    Based on this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Burma's designation for TPS 
continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C. 
1254a(b)(3)(A) and (C).
     There continue to be extraordinary and temporary 
conditions in Burma that prevent nationals of Burma (or individuals 
having no nationality who last habitually resided in Burma) from 
returning to Burma in safety, and it is not contrary to the national 
interest of

[[Page 20686]]

the United States to permit TPS beneficiaries from Burma 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 Burma for TPS should be extended for an 
18-month period, beginning on May 26, 2024, and ending on November 25, 
2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Due to the conditions described above, Burma should be 
simultaneously extended and redesignated for TPS beginning on May 26, 
2024, and ending on November 25, 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 March 21, 2024.
     Initial TPS applicants under the redesignation must 
demonstrate that they have been continuously physically present in the 
United States since May 26, 2024, the effective date of the 
redesignation of Burma for TPS.
     There are approximately 2,300 current Burma TPS 
beneficiaries who are eligible to re-register for TPS under the 
extension.
     It is estimated that approximately 7,300 additional 
individuals may be eligible for TPS under the redesignation of Burma. 
This population includes nationals of Burma in the United States in 
nonimmigrant status or without immigration status.

Notice of the Designation of Burma 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 Burma'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 TPS beneficiaries from Burma to 
remain in the United States temporarily. See INA sec. 244(b)(1)(C), 
U.S.C. 1254a(b)(1)(C). On the basis of this determination, I am 
simultaneously extending the existing designation of Burma for TPS for 
18 months, beginning on May 26, 2024, and ending on November 25, 2025, 
and redesignating Burma for TPS for the same 18-month period. See INA 
sec. 244(b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(C) and (b)(2).

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

Eligibility and Employment Authorization for TPS

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

    To register or re-register for TPS based on the designation of 
Burma, you must submit a Form I-821. 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 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 Burma TPS application (Form I-821) that was 
still pending as of March 25, 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 November 25, 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).\36\ In addition, USCIS 
Form G-1055, Fee Schedule, provides the current fees required for the 
Form I-821 and Form I-765 for both initial TPS applicants and existing 
TPS beneficiaries who are re-registering.
---------------------------------------------------------------------------

    \36\ On January 31, 2024, DHS published a final rule that 
adjusts certain fees and moves the description of the fees for the 
Form I-821 and Form I-765 and the biometric services fee to 8 CFR 
106.2 and the fee waiver-related regulations to 8 CFR 106.3. U.S. 
Citizenship and Immigration Services Fee Schedule and Changes to 
Certain Other Immigration Benefit Request Requirements, 89 FR 6194 
(Jan. 31, 2024) (effective Apr. 1, 2024). Additional information 
about the rule is available on the USCIS website. Frequently Asked 
Questions on the USCIS Fee Rule, USCIS, https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule (last 
visited Feb. 7, 2024).
---------------------------------------------------------------------------

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). 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 Burma TPS-related 
Form I-765 that was still pending as of March 25, 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 November 25, 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, you may request an 
EAD by submitting a completed Form I-765 with your Form I-821.
    Online filing: Form I-821 and Form I-765 are available for 
concurrent filing online.\37\ To file these forms online, you must 
first create a USCIS online account.\38\
---------------------------------------------------------------------------

    \37\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \38\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

    Mail filing: Mail your completed Form I-821; Form I-765, if 
applicable; Form I-912, if applicable; and supporting documentation to 
the proper address in Table 1--Mailing Addresses.

[[Page 20687]]



                       Table 1--Mailing Addresses
------------------------------------------------------------------------
            If you are . . .                      Mail to . . .
------------------------------------------------------------------------
Using the U.S. Postal Service (USPS)...  USCIS, Attn: TPS Burma, P.O.
                                          Box 6943, Chicago, IL 60680-
                                          6943.
Using FedEx, UPS, or DHL...............  USCIS, Attn: TPS Burma (Box
                                          6943), 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 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 IJ or BIA grant of TPS, please include with your 
application a copy of the order from the IJ or BIA granting you TPS. 
This will help us verify your grant of TPS and process your 
application.

Supporting Documents

    The filing instructions for Form I-821 list all the documents you 
need 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 ``Burma.''

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 
USCIS grants travel authorization, it 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 you file 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.
    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 your 
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.                                   1.
Filing Form I-131 based on a pending or  USCIS, Attn: I-131 TPS, P.O.
 approved Form I-821, and you are using   Box 660167, Dallas, TX 75266-
 the U.S. Postal Service (USPS):          0867.
You must include a copy of the Notice
 of Action (Form I-797C or I-797)
 showing USCIS accepted or approved
 your Form I-821.
Filing Form I-131 based on a pending or  USCIS, Attn: I-131 TPS, 2501 S
 approved Form I-821, and you are using   State Hwy. 121 Business, Ste.
 FedEx, UPS, or DHL:                      400, Lewisville, TX 75067.
You must include a copy of the Notice
 of Action (Form I-797C or I-797)
 showing USCIS accepted or approved
 your Form I-821.
------------------------------------------------------------------------

Biometric Services Fee for TPS

    Biometrics (such as fingerprints) are required for all applicants 
age 14 years or older. Those applicants must submit a biometric 
services fee. As previously stated, if you cannot pay the biometric 
services fee, you may request a fee waiver, which you may submit on 
Form I-912. 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 have 
your biometrics collected. 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 https://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 May 25, 2025, through this Federal Register notice?

    Yes. Regardless of your country of birth, if you currently have a 
Burma TPS-based EAD with the notation A-12 or C-19 under Category and a 
``Card Expires'' date of May 25, 2024, or November 25, 2022, this 
Federal Register notice automatically extends your EAD through May 25, 
2025. Although this Federal Register notice automatically extends your 
EAD through May 25, 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.

[[Page 20688]]

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 May 25, 2024, or November 25, 
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 May 25, 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 Burma 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 
May 25, 2025, but you are not required to do so. The last day of the 
automatic EAD extension is May 25, 2025. Before you start work on May 
26, 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 already have an EAD or work authorization based on 
another immigration status. If you want to obtain a new TPS-based EAD 
valid through November 25, 2025, you must file Form I-765 and pay the 
associated fee (unless USCIS grants your fee waiver request).

Can my employer require that I provide any other documentation to 
complete Form I-9, such as evidence of my status, proof of my Burma 
citizenship, or a Form I-797C showing that I registered for TPS?

    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 Burma 
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 May 26, 2025:
    1. For Section 1, you should:
    a. Check ``A noncitizen authorized to work until'' and enter May 
25, 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 May 25, 2024, 
or November 25, 2022;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write May 25, 2025, as the expiration date.
    Before the start of work on May 26, 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 May 25, 2024, 
or November 25, 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, they should update Section 2 of your previously completed 
Form I-9 as follows:

[[Page 20689]]

    1. Write EAD EXT and May 25, 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 May 26, 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 May 25, 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 an employee 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 May 26, 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 many languages. Employers may also email IER at 
[email protected] or get more information online at https://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 many 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 occurs if 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 Burma;
     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 SAVE to confirm the 
current immigration status of applicants

[[Page 20690]]

for public benefits. While SAVE can verify that an individual has TPS 
or a pending TPS application, each agency's procedures govern whether 
they will accept an unexpired EAD, Form I-797, Form I-797C, or Form I-
94. 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 your 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 allow you 
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 correct 
or update your immigration record, make an appointment, or submit a 
written request to correct records.
[FR Doc. 2024-06104 Filed 3-22-24; 8:45 am]
BILLING CODE 9111-97-P