[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 5936-5944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00771]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2795-25; DHS Docket No. USCIS-2022-0003]
RIN 1615-ZB91
Extension of the Designation of Ukraine 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.
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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 Ukraine for Temporary Protected Status
(TPS) for 18 months, beginning on April 20, 2025, and ending on October
19, 2026. Existing TPS beneficiaries who wish to extend their status
through October 19, 2026, must re-register during the 60-day re-
registration period described in this notice.
DATES: Extension of Designation of Ukraine for TPS begins on April 20,
2025, 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 Ukraine's TPS designation by selecting
``Ukraine'' 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,
listed on the USCIS website at https://www.uscis.gov/about-us/find-a-uscis-office, 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
[[Page 5937]]
DoS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-131--Application for Travel Documents, Parole Documents, and
Arrival/Departure Records
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action (Approval Notice)
Form I-797C--Notice of Action (Receipt Notice)
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
PDF--Portable Document Format
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 Ukraine for TPS: The 18-month extension
of Ukraine's TPS designation begins on April 20, 2025, and will remain
in effect for 18 months, ending on October 19, 2026. The extension
allows existing TPS beneficiaries to retain TPS through October 19,
2026, if they otherwise continue to meet the eligibility requirements
for TPS. Existing TPS beneficiaries who wish to extend their status
through October 19, 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 January 17, 2025, through March 18, 2025.
(Note: It is important for re-registrants to timely re-register during
the re-registration period and not to wait until their Employment
Authorization Documents (EADs) expire, as delaying re-registration
could result in gaps in their employment authorization documentation.)
Purpose of this Action (TPS)
Through this notice, DHS sets forth procedures necessary for
nationals of Ukraine (or individuals having no nationality who last
habitually resided in Ukraine) to re-register for TPS and apply to
renew their EAD with USCIS.
Re-registration is limited to individuals who have previously
registered for TPS under the prior designation of Ukraine 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 Ukraine's
designation, the 60-day re-registration period runs from January 17,
2025, through March 18, 2025. USCIS will issue new EADs with an October
19, 2026, expiration date to eligible beneficiaries granted TPS under
Ukraine's designation 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 April 19,
2026, the validity of certain EADs previously issued under the TPS
designation of Ukraine. As proof of continued employment authorization
through April 19, 2026, TPS beneficiaries can show their EAD with the
notation A12 or C19 under Category and a ``Card Expires'' date of April
19, 2025 or October 19, 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 Ukraine or TPS-related Application for Employment
Authorization (Form I-765) that was still pending as of January 17,
2025, 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 October 19, 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.
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, are
authorized to work, and may 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 TPS terminates.
When was Ukraine designated for TPS?
Ukraine was initially designated on April 19, 2022 on the basis of
ongoing armed conflict and extraordinary and temporary conditions in
Ukraine that prevented nationals of Ukraine from returning in safety.
See Designation of Ukraine for Temporary Protected Status, 87 FR 23211
(Apr. 19, 2022). Following the initial designation, TPS for Ukraine was
extended and redesignated based on ongoing armed conflict and
extraordinary and temporary conditions from October 20, 2023, through
April 19, 2025. See Extension and Redesignation of Ukraine for
Temporary Protected Status, 88 FR 56872 (Aug. 21, 2023).
What authority does the Secretary have to extend the designation of
Ukraine 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.\1\ The
[[Page 5938]]
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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\1\ 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, Pub. L. 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
conditions in the foreign state continue 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).
Why is the Secretary extending the TPS designation for Ukraine through
October 19, 2026?
DHS has reviewed country conditions in Ukraine. 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 ongoing armed conflict and
extraordinary and temporary conditions supporting Ukraine's TPS
designation remain.
Overview
Ukraine is in its third year of war with Russia, which has involved
large-scale attacks on major cities and has resulted in increased
civilian casualties and significant damage and destruction to critical
infrastructure.\2\ The humanitarian suffering is widespread with
increased poverty levels and humanitarian assistance needs.\3\ Access
to social infrastructure, such as schools and healthcare facilities,
also remain an issue because of attacks that result in damage or
destruction to infrastructure.\4\
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\2\ Office for Democratic Institutions and Human Rights (ODIHR),
Fifth Interim Report on reported violations of international
humanitarian law and international human rights law in Ukraine, July
22, 2024, 4, available at https://www.osce.org/files/f/documents/a/e/573346_1.pdf.
\3\ See UNOCHA, Ukraine: Projected situation, available at
https://www.unocha.org/ukraine (last visited Oct. 28, 2024).
\4\ The World Health Organization, Surveillance System for
Attacks on Health Care SSA, available at https://extranet.who.int/ssa/Index.aspx (last visited Oct. 28, 2024); Human Rights Watch,
``Tanks on the playground,'' Attacks on schools and military use of
schools in Ukraine, Nov. 9, 2023, available at https://www.hrw.org/report/2023/11/09/tanks-playground/attacks-schools-and-military-use-schools-ukraine (last visited Oct. 28, 2024).
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Armed Conflict and Civilian Casualties
Since February 24, 2022, Russia has been conducting a full-scale
invasion of Ukraine.\5\ Russia's missile and drone strikes continue to
hit Ukraine's population centers and critical infrastructure.\6\ In
2024, Russian armed forces intensified their coordinated large-scale
attacks on major Ukrainian cities, regardless of whether the city was
near the frontline.\7\ Since the end of March 2024, Russian armed
forces have been attacking energy related infrastructure across
Ukraine, damaging and destroying power generation facilities and
electricity substations.\8\ The consequences include civilian
casualties and interrupted access to electricity, gas and water.\9\
Russian forces have also increased their attacks on the Dnipro Dam and
the Ukrainian railway system.\10\ The U.N. Office of the High
Commissioner for Human Rights (OHCHR) reports that since February 24,
2022, 11,743 civilians have been killed and 24,614 civilians have been
injured from conflict-related violence, as of August 31, 2024.\11\ The
July 8, 2024 large-scale attack across Ukraine made July 2024 the
deadliest month for civilians since October 2022.\12\
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\5\ Center for Preventive Action, War In Ukraine, Oct. 16, 2024,
available at https://www.cfr.org/global-conflict-tracker/conflict/conflict-ukraine (last visited Oct. 30, 2024).
\6\ U.S. Department of State, 2023 Country Reports on Human
Rights Practices: Ukraine, Apr. 22, 2024, available at https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/ukraine/ (last visited Oct. 25, 2024).
\7\ Office for Democratic Institutions and Human Rights (ODIHR),
Fifth Interim Report on reported violations of international
humanitarian law and international human rights law in Ukraine, July
22, 2024, 8, available at https://www.osce.org/files/f/documents/a/e/573346_1.pdf.
\8\ Office for Democratic Institutions and Human Rights (ODIHR),
Fifth Interim Report on reported violations of international
humanitarian law and international human rights law in Ukraine, July
22, 2024, 10, available at https://www.osce.org/files/f/documents/a/e/573346_1.pdf.
\9\ Office for Democratic Institutions and Human Rights (ODIHR),
Fifth Interim Report on reported violations of international
humanitarian law and international human rights law in Ukraine, July
22, 2024, 10, available at https://www.osce.org/files/f/documents/a/e/573346_1.pdf.
\10\ Office for Democratic Institutions and Human Rights
(ODIHR), Fifth Interim Report on reported violations of
international humanitarian law and international human rights law in
Ukraine, July 22, 2024, 10, available at https://www.osce.org/files/f/documents/a/e/573346_1.pdf.
\11\ OHCHR, Ukraine: Worsening impact on civilians of Russia's
attack, torture of prisoners of war, Oct. 1, 2024, 17, available at
https://www.ohchr.org/en/press-briefing-notes/2024/10/ukraine-worsening-impact-civilians-russias-attack-torture-prisoners (last
visited Oct. 25, 2024).
\12\ OHCHR, Treatment of Prisoners of War and Update on the
Human Rights Situation in Ukraine, 1 June 2024-31 August 2024, Oct.
1, 2024, 18, available at https://www.ohchr.org/sites/default/files/documents/countries/ukraine/2024/Ukraine-OHCHR-40th-periodic-report.pdf.
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Humanitarian Situation
The ongoing war has created a humanitarian crisis in Ukraine with
over 14.6 million people (about 40% of the Ukrainian population)
requiring humanitarian assistance in 2024.\13\ The World Bank reports
that over 9 million Ukrainians are living in poverty, which is an
increase of 1.8 million people since the full-scale invasion began.\14\
In areas close to the front-line, particularly in the south and east,
and including Russian occupied territories, the humanitarian situation
is dire and growing in severity with over 3.3 million people in need of
aid.\15\
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\13\ See UNOCHA, Ukraine: Projected situation, December 2023,
available at https://www.unocha.org/ukraine (last visited Oct. 28,
2024).
\14\ The World Bank Group, The World Bank in Ukraine: Overview,
last updated Aug. 1, 2024, available at https://www.worldbank.org/en/country/ukraine/overview (last visited Oct. 28, 2024).
\15\ UNOCHA, Ukraine: Projected situation, December 2023,
available at https://www.unocha.org/ukraine (last visited Oct. 28,
2024).
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UNHCR reports that as of October 2024, more than 6.7 million
Ukrainians have fled Ukraine and been recorded as refugees across the
world,\16\ while nearly 3.7 million people are internally displaced as
of August 2024.\17\ Approximately 90 percent of those fleeing the
crisis are women and children, and they are at risk of gender-based
violence and sexual exploitation and abuse.\18\ Older people account
for almost 25 percent of all internationally
[[Page 5939]]
displaced persons and are struggling to meet their basic needs.\19\
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\16\ UNHCR, Ukraine refugee situation, the Office of the United
Nations High Commissioner for Refugees Operational Data Portal, last
updated Oct. 15, 2024, available at https://data.unhcr.org/en/situations/ukraine (last visited Oct. 27, 2024).
\17\ IOM UN Migration, Global Data Institute Displacement
Tracking Matrix, Ukraine, available at http://dtm.iom.int/ukraine
(last visited Oct. 28, 2024).
\18\ USA for UNHCR, Ukraine emergency, available at https://www.unrefugees.org/emergencies/ukraine/ (last visited Oct. 28,
2024).
\19\ Internal Displacement Monitoring Centre, Global report on
internal displacement, Apr. 2024, 57, available at https://api.internal-displacement.org/sites/default/files/publications/documents/IDMC-GRID-2024-Global-Report-on-Internal-Displacement.pdf.
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Educational and healthcare infrastructure continue to be attacked
by Russian forces. Between February 2022 and October 2023, 3,428
educational facilities had been damaged and 365 destroyed.\20\ As such,
Ukrainian children's access to education has been disrupted, and it is
projected that repair and reconstruction of schools will take time and
require significant resources.\21\ Access to effective health care
continues to be severely limited. The World Health Organization's
Surveillance System for Attacks on Health Care has confirmed 1,778
attacks on health care facilities in Ukraine since the start of the
invasion in 2022.\22\ Continuous attacks to civilian infrastructure
that impact electricity, water and telecommunications, have also
affected the country's ability to deliver health-care services and
critical public health functions.\23\
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\20\ Human Rights Watch, ``Tanks on the playground,'' Attacks on
schools and military use of schools in Ukraine, Nov. 9, 2023,
available at https://www.hrw.org/report/2023/11/09/tanks-playground/attacks-schools-and-military-use-schools-ukraine (last visited Oct.
28, 2024).
\21\ Human Rights Watch, ``Tanks on the playground,'' Attacks on
schools and military use of schools in Ukraine, Nov. 9, 2023,
available at https://www.hrw.org/report/2023/11/09/tanks-playground/attacks-schools-and-military-use-schools-ukraine (last visited Oct.
28, 2024).
\22\ The World Health Organization, Surveillance System for
Attacks on Health Care SSA, available at https://extranet.who.int/ssa/Index.aspx (last visited Oct. 28, 2024).
\23\ The World Health Organization, World Health Organization's
Country Cooperation Strategy, Ukraine 2024-2030, Feb. 20, 2024, 7,
available at https://www.who.int/publications/i/item/WHO-EURO-2024-9329-49101-73236 (last visited Oct. 28, 2024).
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In summary, Russia's unrelenting attacks on Ukraine continue to
cause civilian casualties and a worsening humanitarian crisis, from
mass displacement to the destruction of critical infrastructure.
Based on this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
The conditions supporting Ukraine'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 Ukraine
and, due to such conflict, requiring the return to Ukraine of Ukrainian
nationals (or individuals having no nationality who last habitually
resided in Ukraine) 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 Ukraine that prevent Ukrainian nationals (or individuals
having no nationality who last habitually resided in Ukraine) from
returning to Ukraine in safety, and it is not contrary to the national
interest of the United States to permit Ukrainian 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 Ukraine for TPS should be extended for
an 18-month period, beginning on April 20, 2025, and ending on October
19, 2026. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
There are approximately 103,700 current Ukraine TPS
beneficiaries who are eligible to re-register for TPS under the
extension.
Notice of the Designation of Ukraine 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 Ukraine's designation for TPS on the basis of ongoing armed
conflict and extraordinary and temporary conditions are met, and it is
not contrary to the national interest of the United States to permit
Ukrainian TPS beneficiaries to remain in the United States temporarily.
See INA sec. 244(b)(1)(A)(C), 8 U.S.C. 1254a(b)(1) (A)(C). On the basis
of this determination, I am extending the existing designation of
Ukraine for TPS for 18 months, beginning on April 20, 2025, and ending
on October 19, 2026. 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 Re-Register for TPS:
To re-register for TPS based on the designation of Ukraine, you
must submit Form I-821. When filing an application to re-register for
TPS, you do not need to pay the application fee; however, 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 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 Ukraine TPS application (Form I-821) that
was still pending as of January 17, 2025, do not need to file the
application again. If USCIS approves an individual's Form I-821, USCIS
will grant the individual TPS through October 19, 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 existing
TPS beneficiaries who are re-registering.
How Can TPS Beneficiaries Obtain an 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 Ukraine TPS-related Form I-765 that was still
pending as of January 17, 2025, 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 October 19,
2026.
Can My TPS-Related EAD Be Automatically Extended?
Yes. There are two ways for your TPS-related EAD to be
automatically extended. First, if you already have an EAD with a ``Card
Expires'' date of April 19, 2025 or October 19, 2023, this Federal
Register notice automatically extends it through April 19, 2026 without
any further action on your part. You do not need to present this FRN or
any other additional documentation
[[Page 5940]]
other than your EAD to use this automatic extension.
Second, you may also be eligible for a longer automatic extension
of up to 540 days from the ``Card Expires'' date on the EAD if you file
your Form I-765 EAD renewal application during the re-registration
period of January 17, 2025, through March 18, 2025(``Up to 540-Day
Automatic EAD Extension'').\24\ See the section ``How can I receive an
automatic extension of my current TPS EAD for up to 540 days from the
``Card Expires'' date on the EAD by filing an EAD renewal application
(``Up to 540-Day Automatic EAD Extension'')? of this Federal Register
notice for more information. Your EAD may be eligible for both types of
extensions, but in no case will your EAD automatic extension be valid
past October 19, 2026. If you take advantage of both types of EAD
extensions, the automatic extension periods run concurrently.
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\24\ Under 8 CFR 274a.13(d), EADs with category A12 and C19 are
eligible for an automatic extension of up to 540 days from the date
on the face of the EAD if the bearer's Form I-765 application is
properly filed under either the A12 or C19 category and during the
re-registration period described in the applicable Federal Register
notice.
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Filing Information
USCIS offers the option to applicants for TPS under Ukraine's
designation to file Form I-821 and related requests for EADs online or
by mail. However, if you file Form I-912, Request for Fee Waiver or a
written fee waiver request for any applications filed together with
your Form I-821, you must submit your applications 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. Under certain circumstances,
you may also upload a completed Form I-765 with a fee or fee waiver
request, in Portable Document Format (PDF) through your USCIS online
account. More information about filing your Form I-765 and fee waiver
request through a PDF upload is available at https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option.
Online filing: Form I-821 and Form I-765 are available for
concurrent filing online.\25\ To file these forms online, you must
first create a USCIS online account.\26\
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\25\ Find information about online filing at ``Forms Available
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
\26\ https://myaccount.uscis.gov/users/sign_up.
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PDF upload: Form I-765, if applicable, and Form I-912, if
applicable, are available for PDF upload. To upload these documents,
you must first create a USCIS online account.\27\
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\27\ https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option. Sign up to create a new USCIS
online account at https://myaccount.uscis.gov/users/sign_up.
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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
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If you are applying for TPS under the Then mail your application
designation for Ukraine and you live in: to:
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[cir] Alabama............................. USCIS Chicago Lockbox.
[cir] Alaska.............................. U.S. Postal Service (USPS):
[cir] American Samoa...................... U.S. Citizenship and
[cir] Arizona............................. Immigration Services, Attn:
[cir] Arkansas............................ TPS Ukraine, P.O. Box 4464,
[cir] Colorado............................ Chicago, IL 60680-4464.
[cir] Connecticut.........................
[cir] Delaware............................
[cir] District of Columbia................ FedEx, UPS, or DHL:
[cir] Florida............................. U.S. Citizenship and
[cir] Georgia............................. Immigration Services, Attn:
[cir] Guam................................ TPS Ukraine (Box 4464), 131
[cir] Hawaii.............................. S Dearborn St., 3rd Floor,
[cir] Idaho............................... Chicago, IL 60603-5517.
[cir] Illinois............................
[cir] Indiana.............................
[cir] Iowa................................
[cir] Kansas..............................
[cir] Kentucky............................
[cir] Louisiana...........................
[cir] Maine...............................
[cir] Maryland............................
[cir] Massachusetts.......................
[cir] New York............................
[cir] Ohio................................
[cir] California.......................... USCIS Phoenix Lockbox.
[cir] Michigan............................ U.S. Postal Service (USPS):
[cir] Minnesota........................... U.S. Citizenship and
[cir] Mississippi......................... Immigration Services, Attn:
[cir] Missouri............................ TPS Ukraine, P.O. Box
[cir] Montana............................. 24047, Phoenix, AZ 85074-
[cir] Nebraska............................ 4047.
[cir] Nevada..............................
[cir] New Hampshire....................... FedEx, UPS, or DHL:
[cir] New Jersey.......................... U.S. Citizenship and
[cir] New Mexico.......................... Immigration Services, Attn:
[cir] North Carolina...................... TPS Ukraine (Box 24047),
[cir] North Dakota........................ 2108 E Elliot Rd., Tempe,
[cir] Northern Mariana Islands............ AZ 85284-1806.
[cir] Oklahoma............................
[cir] Oregon..............................
[cir] Pennsylvania........................
[cir] Puerto Rico.........................
[cir] Rhode Island........................
[cir] South Carolina......................
[cir] South Dakota........................
[cir] Tennessee...........................
[cir] Texas...............................
[cir] Utah................................
[cir] Vermont.............................
[cir] Virgin Islands......................
[cir] Virginia............................
[cir] Washington..........................
[cir] West Virginia.......................
[cir] Wisconsin...........................
[cir] Wyoming.............................
------------------------------------------------------------------------
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you want to request an EAD, you may
submit Form I-765 one of three ways: online, mail your Form I-765 to
the appropriate address in Table 1, or upload a completed PDF through
your USCIS online account. If you file online, you will be prompted to
include the fee. If you file by mail, you must include the fee or fee
waiver request. If you file by PDF upload, you must include the fee or
a fee waiver request. When you request an EAD based on an IJ or BIA
grant of TPS, 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 re-register for TPS. You may also find information on the
acceptable documentation and other requirements for re-registering for
TPS on the USCIS website at https://www.uscis.gov/tps under
``Ukraine.''
Travel
TPS beneficiaries and TPS applicants with pending Form I-821
applications may also apply for travel authorization, which USCIS may
grant 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
[[Page 5941]]
permission to leave the United States and to return to a U.S. port of
entry to request re-entry 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 filing Form I-131, a TPS beneficiary must:
Select Item Number 4 in Part 1 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.
When filing Form I-131, a TPS applicant with a pending initial Form
I-821 must:
Select Item Number 5C in Part 1 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, Notice
of Action, or Form I-797C, Notice of Action, indicating either approval
or receipt of Form I-821. Form I-131 may not be filed by PDF upload.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with Form I- The address provided in Table
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): You 0867.
must include a copy of the Notice of
Action (Form I-797C or I-797) showing
USCIS received or approved your Form I-
821.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, 2501 S.
approved Form I-821, and you are using State Hwy. 121 Business, Ste.
FedEx, UPS, or DHL: You must include a 400, Lewisville, TX 75067.
copy of the Notice of Action (Form I-
797C or I-797) showing USCIS received
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 April 19, 2026, through this Federal Register notice (``FRN-
Based Automatic EAD Extension'')?
Yes. Regardless of your country of birth, if you currently have a
Ukraine TPS-based EAD with the notation A12 or C19 under Category and a
``Card Expires'' date of April 19, 2025, or October 19, 2023, this
Federal Register notice automatically extends your EAD through April
19, 2026, without any further action on your part. Although this
Federal Register notice automatically extends your EAD through April
19, 2026, you still must timely re-register for TPS by filing Form I-
821 in accordance with the procedures described in this Federal
Register notice to maintain your TPS. You also should file your Form I-
765 timely to avoid possible gaps in your employment authorization
documentation.
How can I receive an automatic extension of my current TPS EAD for up
to 540 days from the ``Card Expires'' date on the EAD by filing an EAD
renewal application (``Up to 540-Day Automatic EAD Extension'')?
You qualify for this other type of automatic EAD extension if:
You properly file your renewal Form I-765 during the TPS
re-registration period which is January 17, 2025, through March 18,
2025; and
Your Form I-765 EAD renewal application is under category
A12 or C19.
As long as the categories listed on your EAD and Form I-797C
receipt notice are A12 or C19, they don't need to be the same. (For
example, your EAD may still be automatically extended for up to 540
days if your facially expired or expiring EAD says C19 and your renewal
application says A12.)
For purposes of your employer verifying your employment eligibility
on the Form I-9, if you choose to complete your Form I-9 using the ``Up
to 540-Day Automatic EAD Extension,'' the automatic extension period
starts from the ``Card Expires'' date on your EAD. You may use the EAD
Automatic Extension Calculator available at https://www.uscis.gov/eadautoextend to determine the automatically extended expiration date.
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 one selection from List A (which provides evidence
of both identity and employment authorization) or one selection from
List B (which
[[Page 5942]]
provides evidence of your identity) together with one selection 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.
A. FRN-based Automatic EAD Extension. If your EAD states A12 or C19
under Category and has a ``Card Expires'' date of April 19, 2025 or
October 19, 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
April 19, 2026. Your country of birth noted on the EAD does not have to
reflect the TPS-designated country of Ukraine for you to be eligible
for this extension. You may, but are not required to, 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 April
19, 2026.
B. Up to 540-day Automatic EAD Extension. To show that you qualify
for this extension, present:
1. Your EAD with a Category Code of A12 or C19 and
2. Your Form I-797C, Notice of Action, for your Form I-765 renewal
EAD application showing a Category Code of A12 or C19. The ``Received
Date'' on this notice must fall within the re-registration period
described in this FRN, which is from January 17, 2025, through March
18, 2025.
The A12 or C19 categories on your Form I-797C, Notice of Action,
and facially expired or expiring A12 or C19 EAD do not need to match,
as long as each lists A12 or C19 as the category. (For example, your
EAD may still be automatically extended for up to 540 days if your EAD
says C19 and your renewal application says A12.)
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?
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.
A. FRN-based Automatic EAD Extension. If you choose to use the
automatic EAD extension based on this Federal Register notice, 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 April 19, 2026; however, you are not required to do so. The
last day of this automatic EAD extension is April 19, 2026. Before you
start work on April 20, 2026, your employer is required by law to
reverify your employment authorization on Form I-9.
B. Up to 540-day Automatic EAD Extension. If you filed your EAD
renewal application during the re-registration period indicated in this
Federal Register notice and choose to have your EAD automatically
extended for up to 540 days from the ``Card Expires'' date on your EAD,
but no later than October 19, 2026, present:
1. Your facially expired or expiring EAD with a Category Code of
A12 or C19, and
2. The Form I-797C, Notice of Action, showing a Category Code of
A12 or C19. The ``Received Date'' on this notice must fall within the
re-registration period described in this FRN, which is from January 17,
2025, through March 18, 2025.
By the end date of your automatic EAD extension, 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 employment authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through October 19, 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 Ukrainian
citizenship, or a Form I-797 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
Ukrainian 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?
A. FRN-based Automatic EAD Extension. When using this this type of
automatically extended EAD to complete Form I-9 for a new job before
April 20, 2026:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until'' and enter
October 19, 2026, 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 A12 or C19 and has a ``Card Expires'' date of April 19, 2025,
or October 19, 2023;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write April 19, 2026, as the expiration date.
[[Page 5943]]
Before the start of work on April 20, 2026, employers must reverify
the employee's employment authorization on Form I-9.
B. Up to 540-day Automatic EAD Extension. If you filed your EAD
renewal application during the re-registration period indicated in this
Federal Register notice and choose to have your EAD automatically
extended for up to 540 days from the ``Card Expires'' date on your EAD:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until;'' 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.)
c. Enter October 19, 2026, as the expiration date.
2. In Section 2, in the List A column, the employer must:
a. Determine whether the EAD is automatically extended by ensuring
it is in category A12 or C19 and that your Form I-797C indicates that
you filed your Form I-765 renewal EAD application under Category A12 or
C19 and during the re-registration period indicated in this Federal
Register notice;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. In the Expiration Date field, enter the date 540 days from the
``Card Expires'' date on the EAD. This date may not be later than
October 19, 2026. Use the Automatic Extension Eligibility Calculator at
https://www.uscis.gov/eadautoextend to calculate your new EAD
expiration date.
f. Employers should also enter ``EAD EXT'' in the Additional
Information field.
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 A12 or C19.
A. FRN-based automatic EAD Extension. If you are relying on an FRN-
based automatic EAD extension, your employer should examine your EAD to
see if it has a ``Card Expires'' date of April 19, 2025 or October 19,
2023. Your employer may not rely on the country of birth listed on the
card to determine whether you are eligible for this extension.
If your employer determines that USCIS has automatically extended
your EAD through this Federal Register notice, they should update
Section 2 of your previously completed Form I-9 as follows:
1. Write EAD EXT and April 19, 2026, as the last day of the
automatic extension in the Additional Information field; and
2. Initial and date the correction.
Note: This is not considered a reverification. Employers do not
reverify the employee until either the automatic extension has ended,
or the employee presents a new document to show continued employment
authorization, whichever is sooner. By April 20, 2026, when the
employee's automatically extended EAD expires, employers are required
by law to reverify the employee's employment authorization on Form I-9.
B. Up to 540-day Automatic EAD Extension. If you are relying on an
up to 540-day automatic EAD extension, your employer must also examine
your Form I-797C indicating receipt of your Form I-765 renewal EAD
application to determine if it was filed under Category A12 or C19 and
during the re-registration period indicated in this Federal Register
notice. Your employer will need to update Form I-9 by entering the
appropriate automatic EAD extension expiration date and ``EAD EXT'' in
the Section 2 Additional Information field. The new up to 540-day EAD
extension expiration date starts from the ``Card Expires'' date on the
face of your current EAD, not to exceed the TPS designation end date
indicated in this Federal Register notice. Use the Automatic Extension
Eligibility Calculator at https://www.uscis.gov/eadautoextend to
calculate your new EAD expiration date.
Note: This information also applies if you initially presented a
TPS-related EAD that was automatically extended by the FRN-Based
Automatic EAD Extension and later obtained an up to 540-day automatic
EAD extension.
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 EAD document number and expiration date from Section 2 of
Form I-9 into the corresponding fields in E-Verify.
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?
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. You must reverify your employee's employment
authorization on Form I-9 by the date their automatic EAD extension
ends. 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,
Spanish, 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,
[[Page 5944]]
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. Employment-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 EAD that has been
automatically extended by 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.
If you are presenting an EAD extended by an up to 540-day extension,
you will need to show your Form I-797C, Notice of Action, reflecting
receipt of your Form I-765. 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 A12 or C19,
even if your country of birth noted on the EAD does not reflect the
TPS-designated country of Ukraine;
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, https://www.uscis.gov/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/for-benefit-applicants,
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. 2025-00771 Filed 1-13-25; 8:45 am]
BILLING CODE 9111-97-P