[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Notices]
[Pages 59135-59143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15829]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2773-24; DHS Docket No. USCIS-2013-0006]
RIN 1615-ZB77


Extension and Redesignation of Somalia 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 Somalia for Temporary Protected Status 
(TPS) and redesignating Somalia for TPS for 18 months, beginning on 
September 18, 2024, and ending on March 17, 2026. This extension and 
redesignation allows Somali nationals (and individuals having no 
nationality who last habitually resided in Somalia) who have been 
continuously residing in the United States since July 12, 2024, and who 
have been continuously physically present in the United States since 
September 18, 2024, to apply or re-register for TPS.

DATES: Extension and Redesignation of Designation of Somalia for TPS 
begins on September 18, 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 Somalia's TPS designation by selecting 
``Somalia'' 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 Somalia for TPS: The 18-month extension 
of the designation of Somalia for TPS begins on September 18, 2024, and 
will remain in effect for 18 months, ending on March 17, 2026. The 
extension allows existing TPS beneficiaries to retain TPS through March 
17, 2026, if they otherwise continue to meet the eligibility 
requirements for TPS. Existing TPS beneficiaries who wish to extend 
their status through March 17, 2026, must re-register during the 60-day 
re-registration period described in this notice.
    Re-registration: The 60-day re-registration period for existing 
beneficiaries runs from July 22, 2024, through September 20, 2024. 
(Note: It is important for re-registrants to timely re-register and 
apply for new Employment Authorization Documents (EADs) during the re-
registration period and not to wait until their EADs expire, as 
delaying re-registration and the filing of EAD renewal applications 
could result in gaps in their employment authorization documentation.)
    Redesignation of Somalia for TPS: The 18-month redesignation of 
Somalia for TPS begins on September 18, 2024, and will remain in effect 
for 18 months, ending on March 17, 2026. The redesignation allows 
individuals who do not currently have TPS to apply for TPS during the 
initial registration period described under the first-time registration 
information in this notice. In addition to demonstrating continuous 
residence in the United States since July 12, 2024, and meeting other 
eligibility

[[Page 59136]]

criteria, initial applicants for TPS under this designation must 
demonstrate that they have been continuously physically present in the 
United States since September 18, 2024, the effective date of this 
redesignation of Somalia for TPS.
    First-time Registration: The initial registration period for new 
applicants under the Somalia TPS redesignation begins on July 22, 2024, 
and will remain in effect through March 17, 2026.

Purpose of This Action (TPS)

    Through this notice, DHS sets forth procedures necessary for 
nationals of Somalia (or individuals having no nationality who last 
habitually resided in Somalia) 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 Somalia 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 Somalia's 
designation, the 60-day re-registration period runs from July 22, 2024, 
through September 20, 2024. USCIS will issue new EADs with a March 17, 
2026, expiration date to eligible Somali 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 September 17, 2025, the validity of 
certain EADs previously issued under the TPS designation of Somalia. As 
proof of continued employment authorization through September 17, 2025, 
TPS beneficiaries can show their EAD with the notation A-12 or C-19 
under Category and a ``Card Expires'' date of September 17, 2024, or 
March 17, 2023. This notice explains how TPS beneficiaries and their 
employers may determine if an EAD is automatically extended and how 
this affects the Form I-9, Employment Eligibility Verification, E-
Verify, and USCIS Systematic Alien Verification for Entitlements (SAVE) 
processes.
    Individuals who have an Application for Temporary Protected Status 
(Form I-821) for Somalia or Application for Employment Authorization 
(Form I-765) that was still pending as of July 22, 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 March 
17, 2026. 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 July 22, 2024, through the full length of the 
redesignation period ending March 17, 2026. In addition to 
demonstrating continuous residence in the United States since July 12, 
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 September 
18, 2024,\1\ the effective date of this redesignation of Somalia, 
before USCIS may grant them TPS. DHS estimates that approximately 4,300 
individuals may become newly eligible for TPS under the redesignation 
of Somalia.
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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 Somalia designated for TPS?

    Somalia was initially designated on September 16, 1991, on the 
basis of extraordinary and temporary conditions that prevented Somalis 
from returning in safety.\2\ Somalia's designation for TPS has been 
consecutively extended since its initial designation. Additionally, 
Somalia was redesignated for TPS in 2001, again based on extraordinary 
and temporary conditions.\3\ In 2012, Somalia was again redesignated 
for TPS on the basis of extraordinary and temporary conditions and on 
the additional basis of ongoing armed conflict.\4\ Somalia was 
redesignated on these same bases in 2021.\5\ Most recently, DHS 
extended and redesignated Somalia for 18 months, from March 18, 2023, 
through September 17, 2024, again on the basis of ongoing armed 
conflict and extraordinary and temporary conditions.\6\
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    \2\ See Designation of Nationals of Somalia for Temporary 
Protected Status, 56 FR 46804 (Sept. 16, 1991).
    \3\ See Extension and Redesignation of Somalia under Temporary 
Protected Status Program, 66 FR 46288 (Sept. 4, 2001).
    \4\ See Extension and Redesignation of Somalia for Temporary 
Protected Status,77 FR 25723 (May 1, 2012).
    \5\ See Extension and Redesignation of Somalia for Temporary 
Protected Status, 86 FR 38744 (July 22, 2021).
    \6\ See Extension and Redesignation of Somalia for Temporary 
Protected Status, 88 FR 15434 (March 13, 2023).
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What authority does the Secretary have to extend the designation of 
Somalia 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.\7\ The

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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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    \7\ 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 Somalia 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 in the United States since the 
effective date of the most recent designation of that state'') 
(emphasis added).\8\
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    \8\ The extension and redesignation of TPS for Somalia 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 Somalia will be July 12, 2024. Initial applicants for 
TPS under this redesignation must also show they have been 
``continuously physically present'' in the United States since 
September 18, 2024, which is the effective date of the Secretary's 
redesignation of Somalia. 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 September 18, 2024, the effective date of this redesignation for 
Somalia.
    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 Somalia and 
simultaneously redesignating Somalia for TPS through March 17, 2026?

    DHS has reviewed country conditions in Somalia. Based on the 
review, including input received from the Department of State (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 Somalia's TPS 
designation remain. The Secretary has further determined that 
redesignating Somalia for TPS under INA sec. 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

    Somalia continues to experience widespread insecurity due to armed 
conflict involving state and non-state actors. The ongoing conflict, as 
well as other violence, has exposed civilian populations to ill-
treatment, abuse, and displacement. Additionally, Somalia recently 
experienced intense flooding that damaged land and infrastructure, 
impeded efforts to address food insecurity, and exacerbated disease 
outbreaks. Significant barriers to the delivery of humanitarian aid 
persist.

Armed Conflict and Violence

    The terrorist group Al-Shabaab continues to pose a significant 
threat to Somalia's security,\9\ frequently conducting attacks using 
improvised explosive devices \10\ and 107mm rockets.\11\ Since 
Somalia's last TPS redesignation in March 2023, the government has 
launched a series of counter-insurgency operations against the group 
\12\ with support from local clan militias.\13\ While the counter-
insurgency has had some success,\14\ efforts have been hampered by 
heavy rains and flooding, and Al-Shabaab activities have increased.\15\ 
The Islamic State in Iraq and the Levant faction in Somalia, a separate 
terrorist group, carries out attacks primarily in Puntland state.\16\ 
The group has clashed with Al-Shabaab over territory and control of 
smuggling routes.\17\
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    \9\ As African Union Mission in Somalia Draws Down, Al-Shabaab 
Remains Threat to Country, Region, Special Representative Tells 
Security Council, UN News, Oct. 19, 2023, available at https://press.un.org/en/2023/sc15457.doc.htm (last visited May 24, 2024).
    \10\ Situation in Somalia--Report of the Secretary-General (S/
2024/129), UN Security Council, February 2, 2024, pg. 3, Available 
at https://reliefweb.int/report/somalia/situation-somalia-report-secretary-general-s2024129-enarruzh (last visited June 5, 2024).
    \11\ Situation in Somalia, UN Security Council, Oct. 13, 2023, 
pg. 3, available at https://www.ecoi.net/en/file/local/2101912/N2328915.pdf.
    \12\ Somalia: The Government and al-Shabaab Vie for the Support 
of Clan Militias, Armed Conflict Location & Event Data Project 
(ACLED), Sept. 15, 2023, available at https://acleddata.com/2023/09/15/somalia-situation-update-september-2023-the-government-and-al-shabaab-vie-over-the-support-of-clan-militias/ (last visited May 24, 
2024).
    \13\ Somalia: Al Shabaab Strikes Back at Local Administrators, 
ACLED, Oct. 20, 2023, https://acleddata.com/2023/10/20/somalia-situation-update-october-2023-al-shabaab-strikes-back-at-local-administrators/ (last visited May 24, 2024).
    \14\ Id.
    \15\ Situation in Somalia--Report of the Secretary-General, UN 
Security Council (S/2024/129), February 2, 2024, pg. 3, Available at 
https://reliefweb.int/report/somalia/situation-somalia-report-secretary-general-s2024129-enarruzh (last visited June 5, 2024).
    \16\ Letter dated 29 September 2023 from the Chair of the 
Security Council Committee pursuant to resolution 751 (1992) 
concerning Al-Shabaab addressed to the President of the Security 
Council (S/2023/724), UN Security Council, Oct. 2, 2023, pg. 3, 
available at https://www.ecoi.net/en/file/local/2100037/N2325555.pdf.
    \17\ Id. at 17.
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    Violence, including armed conflict, has harshly impacted civilians, 
with nearly 1,300 civilian casualties recorded

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between January and September 2023.\18\ Al-Shabaab subjects civilians 
to numerous human rights abuses, including summary executions, 
religiously and politically motivated killings, disappearances, 
physical abuse, and other inhuman treatment.\19\ More than 3.8 million 
people have been displaced due to a combination of conflict, natural 
disasters, and other factors.\20\ The number of people displaced due to 
security issues in 2023 is estimated to be 653,000, the highest figure 
on record for Somalia.\21\
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    \18\ Humanitarian Needs and Response Plan Somalia, UNOCHA, Jan. 
30, 2024, pg. 8, available at https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp (last visited 
May 28, 2024).
    \19\ 2023 Country Reports on Human Rights Practices: Somalia, 
U.S. Dep't of State, p. 2, Apr. 22, 2024, available at https://www.state.gov/wp-content/uploads/2024/02/528267_SOMALIA-2023-HUMAN-RIGHTS-REPORT.pdf.
    \20\ Over 1 million people internally displaced in record time, 
UNHCR, May 24, 2023, available at https://www.unhcr.org/news/press-releases/over-1-million-people-internally-displaced-somalia-record-time (last visited June 5, 2024).
    \21\ Somalia, UNICEF, Jan. 2024, pg. 2, available at https://www.unicef.org/media/154536/file/2024-HAC-Somalia-revised-January.pdf.
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    Women and children face particular risks. Somalia has one of the 
world's highest rates of violence against women and girls, and such 
violence is more prevalent among women and girls in internally 
displaced persons camps.\22\ Al-Shabaab has raided schools, madrassas, 
and mosques, and has harassed and coerced clan elders and family 
members to recruit and train children to carry out violence.\23\ They 
have used children in direct hostilities, including as suicide bombers 
and as human shields.\24\ In late 2023, the UN reported a 67 percent 
increase in the number of grave violations against children compared to 
earlier in the year, with Al-Shabaab responsible for the majority of 
the violations.\25\
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    \22\ Hassan Abdullahi Dahie, Mohamed Maalim Dakane, and Bashir 
Said Hassan, Prevalence, patterns, and determinants of gender-based 
violence among women and girls in IDP camps, Mogadishu-Somalia, 
Journal of Migration and Health, June 23, 2023, available at https://pubmed.ncbi.nlm.nih.gov/37637858/ (last visited Apr. 5, 2024).
    \23\ 2023 Country Reports on Human Rights Practices: Somalia, 
U.S. Dep't of State, p. 16, Apr. 22, 2024, available at https://www.state.gov/wp-content/uploads/2024/02/528267_SOMALIA-2023-HUMAN-RIGHTS-REPORT.pdf.
    \24\ Id.
    \25\ Situation in Somalia, UN Security Council, Oct. 13, 2023, 
pg. 10, available at https://reliefweb.int/report/somalia/situation-somalia-report-secretary-general-s2023758-enarruzh (last visited May 
24, 2024).
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    In addition to the threat posed by terrorist groups, clan-related 
violence remains a security concern.\26\ Clan militias, including some 
affiliated with the Somali government, reportedly have engaged in 
physical abuse and other ill-treatment, and the government has limited 
capacity and will to hold them accountable.\27\ Clan militias have also 
``carried out indiscriminate deadly attacks and, in some cases, 
targeted killings of civilians.'' \28\
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    \26\ 2023 Country Reports on Human Rights Practices: Somalia, 
U.S. Dep't of State, p. 3, Apr. 22, 2024, available at https://www.state.gov/wp-content/uploads/2024/02/528267_SOMALIA-2023-HUMAN-RIGHTS-REPORT.pdf.
    \27\ Id. at 4-5.
    \28\ Id. at 3.
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Humanitarian Assistance and Access

    As of 2024, an estimated 6.9 million people--around half of 
Somalia's population \29\--require humanitarian assistance.\30\ 
Humanitarian access remains a challenge due to ongoing conflict, 
insecurity, and violence.\31\ Close to 900,000 people live in areas 
that are inaccessible, and an additional two million people live in 
areas with significant access constraints due to the presence of non-
state armed actors.\32\ Continued attacks on humanitarian workers and 
infrastructure, as well as restrictions on movement, have exacerbated 
access and operational challenges.\33\ Many impediments stem from Al-
Shabaab's targeted disruption efforts, which include attacks against 
state security forces along main supply routes, seizure of certain 
routes, limitations on the movement of goods, and deliberate limitation 
of access by humanitarian organizations.\34\
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    \29\ Somalia, CIA World Factbook, available at https://www.cia.gov/the-world-factbook/countries/somalia/#people-and-society 
(last visited Apr. 4, 2024). The Factbook estimates Somalia's 2023 
population to be around 12.7 million. Other estimates place 
Somalia's population at around 17 or 18 million.
    \30\ Humanitarian Needs and Response Plan Somalia, UNOCHA, Jan. 
30, 2024, pg. 9, available at https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp (last visited 
May 28, 2024).
    \31\ Id. at 30.
    \32\ Joint Justice and Corrections Programme: 01 June 2023-30 
May 2027, UN Somalia Joint Fund, pg. 5, available at https://mptf.undp.org/sites/default/files/documents/2023-09/unsjf_mptf_prodoc_jjcp_redacted.pdf.
    \33\ Humanitarian Needs and Response Plan Somalia, UNOCHA, Jan. 
30, 2024, pg. 30, available at https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp (last visited 
May 28, 2024).
    \34\ 2023 Country Reports on Human Rights Practices: Somalia, 
U.S. Dep't of State, pp. 17-18 Apr. 22, 2024, available at https://www.state.gov/wp-content/uploads/2024/02/528267_SOMALIA-2023-HUMAN-RIGHTS-REPORT.pdf.
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Environmental Impacts, Health, and Food Security

    Climate change impacts from droughts and floods pose severe hazards 
to the country.\35\ In 2023, Somalia faced ``the worst drought in 
decades followed by the most extensive floods in generations within the 
span of just a few months.'' \36\ The flooding has affected more than 
2.5 million people, and has caused significant damage to agriculture, 
livestock, and critical infrastructure.\37\ Floods damaged at least 1.5 
million hectares (3.7 million acres) of farmland and led to an increase 
in waterborne diseases, including acute watery diarrhea and 
cholera.\38\
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    \35\ Somalia, Climate Change Knowledge Portal, available at 
https://climateknowledgeportal.worldbank.org/country/
somalia#:~:text=Climate%20plays%20a%20key%20role,severe%20hazards%20t
o%20the%20country (last visited May 1, 2024).
    \36\ Humanitarian Needs and Response Plan, UNOCHA, Jan. 30, 
2024, pg. 8, available at https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp (last visited 
May 28, 2024).
    \37\ Id.
    \38\ Situation in Somalia--Report of the Secretary General, UN 
Security Council, Feb. 12, 2024, pg. 6, available at https://reliefweb.int/report/somalia/situation-somalia-report-secretary-general-s2024129-enarruzh (last visited May 28, 2024).
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    Disease outbreaks are attributed to lack of access to clean water, 
sanitation, and hygiene; low vaccination rates; and lack of healthcare 
infrastructure.\39\ The flooding has further hampered access to health 
services.\40\ Somalia has faced ``uninterrupted'' cholera transmission 
since 2022, and reported more than 18,300 suspected cases and 46 deaths 
in 2023, with the majority being among children under the age of 
five.\41\
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    \39\ Humanitarian Needs and Response Plan Somalia, UNOCHA, Jan. 
30, 2024, pg. 13, available at https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp (last visited 
May 28, 2024).
    \40\ Id. at 47.
    \41\ Country analysis--Somalia, ACAPS, available at https://www.acaps.org/en/countries/somalia# (last visited June 5, 2024).
---------------------------------------------------------------------------

    Food insecurity in Somalia persists due to residual drought-like 
conditions, flooding, protracted conflict and insecurity, and high food 
prices.\42\ An estimated 4.3 million people are ``acutely food 
insecure.'' \43\ Malnutrition due to food insecurity is compounded by 
disease, limited access to clean water, and limited sanitation and 
health resources.\44\ An estimated 1.5 million

[[Page 59139]]

children under the age of five suffered from acute malnutrition in 
2023.\45\
---------------------------------------------------------------------------

    \42\ WFP Somalia Country Brief, January 2024, World Food 
Programme (WFP), Mar. 1, 2024, available at https://reliefweb.int/report/somalia/wfp-somalia-country-brief-january-2024 (last visited 
May 28, 2024).
    \43\ Humanitarian Needs and Response Plan Somalia, UNOCHA, Jan. 
30, 2024, pg. 12, available at https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp (last visited 
May 28, 2024).
    \44\ WFP Somalia Country Brief, December 2023, WFP, Jan. 28, 
2024, pg. 1, available at https://reliefweb.int/report/somalia/wfp-somalia-country-brief-december-2023 (last visited May 28, 2024).
    \45\ Somalia Country Brief, WFP, Dec. 2023, pg. 1, available at 
https://reliefweb.int/report/somalia/wfp-somalia-country-brief-december-2023 (last visited May 28, 2024).
---------------------------------------------------------------------------

    Based on this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Somalia'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 Somalia 
and, due to such conflict, requiring the return to Somalia of Somali 
nationals (or individuals having no nationality who last habitually 
resided in Somalia) 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 Somalia that prevent Somali nationals (or individuals 
having no nationality who last habitually resided in Somalia) from 
returning to Somalia in safety, and it is not contrary to the national 
interest of the United States to permit Somali 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 Somalia for TPS should be extended for 
an 18-month period, beginning on September 18, 2024, and ending on 
March 17, 2026. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Due to the conditions described above, Somalia should be 
simultaneously extended and redesignated for TPS beginning on September 
18, 2024, and ending on March 17, 2026. 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 July 12, 2024.
     Initial TPS applicants under the redesignation must 
demonstrate that they have been continuously physically present in the 
United States since September 18, 2024, the effective date of the 
redesignation of Somalia for TPS.
     There are approximately 600 current Somalia TPS 
beneficiaries who are eligible to re-register for TPS under the 
extension.
     It is estimated that approximately 4,300 additional 
individuals may be eligible for TPS under the redesignation of Somalia. 
This population includes Somali nationals in the United States in 
nonimmigrant status or without immigration status.

Notice of the Designation of Somalia 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 Somalia's designation for TPS on the basis on 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 
Somali TPS beneficiaries to remain in the United States temporarily. 
See INA sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) and INA sec. 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On the basis of this 
determination, I am simultaneously extending the existing designation 
of Somalia for TPS for 18 months, beginning on September 18, 2024, and 
ending on March 17, 2026, and redesignating Somalia for TPS for the 
same 18-month period. See INA sec. 244(b)(1) and (b)(2); 8 U.S.C. 
1254a(b)(1), 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 
Somalia, 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 are required to pay the 
biometric services fee. If you cannot pay the biometric services fee, 
you may ask USCIS to waive the fee. 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 Somalia TPS application (Form I-821) that 
was still pending as of July 22, 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 March 17, 2026.
    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 106.2 and the fee waiver-related regulations in 8 
CFR 106.3. 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.

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 Somalia TPS-related Form I-765 that was still 
pending as of July 22, 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 March 17, 2026.

Refiling an Initial TPS Registration Application After Receiving a 
Denial of a Fee Waiver Request

    If USCIS denies your fee waiver request, you can resubmit your TPS 
application. The fee waiver denial notice will contain specific 
instructions about resubmitting your application.

Filing Information

    USCIS offers the option to applicants for TPS under Somalia's 
designation to file Form I-821 and related requests for EADs online or 
by mail. However, if you request a fee waiver, you must submit your 
application by mail. When filing a TPS application, you can also 
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

[[Page 59140]]

online.\46\ To file these forms online, you must first create a USCIS 
online account.\47\
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    \46\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \47\ 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.

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
If you send your paper application via:
                                          Then mail your application to:
------------------------------------------------------------------------
U.S. Postal Service (USPS).............  USCIS, Attn: TPS Somalia, P.O.
                                          Box 6943, Chicago, IL 60680-
                                          6943.
FedEx, UPS, or DHL deliveries..........  USCIS, Attn: TPS Somalia (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 ``Somalia.''

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, 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 Form I-821...  The address provided in
                                                Table 1.
Filing Form I-131 based on a pending or        USCIS, Attn: I-131 TPS,
 approved Form I-821, and you are using the     P.O. Box 660167, Dallas,
 U.S. Postal Service (USPS):                    TX 75266-0867.
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,
 approved Form I-821, and you are using         2501 S State Hwy. 121,
 FedEx, UPS, or DHL:                            Business, Ste. 400,
You must include a copy of the Notice of        Lewisville, TX 75067.
 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, 
in addition to 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 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 September 17, 2025, through this Federal Register notice?

    Yes. Regardless of your country of birth, if you currently have a 
Somalia TPS-based EAD with the notation A-12 or C-19 under Category and 
a ``Card Expires'' date of September 17, 2024, or March 17, 2023, this 
Federal Register notice automatically extends your EAD through 
September 17, 2025. Although this Federal Register notice

[[Page 59141]]

automatically extends your EAD through September 17, 2025, you must 
timely re-register for TPS in accordance with the procedures described 
in this Federal Register notice to maintain your TPS and avoid possible 
gaps in your employment authorization documentation.

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 business 
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 these lists. 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 September 17, 2024, or March 17, 2023, 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 September 17, 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 Somalia 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 reexamine 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 
September 17, 2025, but you are not required to do so. The last day of 
the automatic EAD extension is September 17, 2025. Before you start 
work on September 18, 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 these lists 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 March 17, 2026, 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 Somali 
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 Somali 
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 September 18, 2025:
    1. For Section 1, you should:
    a. Check ``A noncitizen authorized to work until'' and enter 
September 17, 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 September 17, 
2024, or March 17, 2023;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write September 17, 2025, as the expiration date.
    Before the start of work on September 18, 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 September 17, 
2024, or March 17, 2023. Your employer may not rely on the country of 
birth listed on the card to determine

[[Page 59142]]

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:
    1. Write EAD EXT and September 17, 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 September 18, 
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 September 17, 
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 September 18, 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 and emails 
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 these lists. 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 Somalia;
     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.

[[Page 59143]]

    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 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://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 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. 2024-15829 Filed 7-19-24; 8:45 am]
BILLING CODE 9111-97-P