Notice2021-15595
Extension and Redesignation of Somalia for Temporary Protected Status
Primary source
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Published
July 22, 2021
Effective
September 18, 2021
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
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) for 18 months, from September 18, 2021, through March 17, 2023, and redesignating Somalia for 18 months, effective September 18, 2021 through March 17, 2023. The extension allows currently eligible TPS beneficiaries to retain TPS through March 17, 2023, so long as they otherwise continue to meet the eligibility requirements for TPS. The redesignation of Somalia allows additional individuals who have been continuously residing in the United States since July 19, 2021 to obtain TPS, if otherwise eligible.
Full Text
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<title>Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)</title>
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[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38744-38753]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15595]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2698-21; 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, Department of
Homeland Security.
ACTION: Notice of temporary protected status 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) for 18 months, from September 18, 2021, through March 17, 2023,
and redesignating Somalia for 18 months, effective September 18, 2021
through March 17, 2023. The extension allows currently eligible TPS
beneficiaries to retain TPS through March 17, 2023, so long as they
otherwise continue to meet the eligibility requirements for TPS. The
redesignation of Somalia allows additional individuals who have been
continuously residing in the United States since July 19, 2021 to
obtain TPS, if otherwise eligible.
DATES: Extension of Designation of Somalia for TPS: The 18-month
extension of the TPS designation of Somalia is effective September 18,
2021, and will remain in effect through March 17, 2023. The 60-day re-
registration period for existing beneficiaries runs from July 22, 2021
through September 20, 2021. (Note: It is important for re-registrants
to timely re-register during this 60-day period and not to wait until
their EADs expire.)
Redesignation of Somalia for TPS: The 18-month redesignation of
Somalia for TPS is effective September 18, 2021, and will remain in
effect through March 17, 2023. The initial registration period for new
applicants under the Somalia TPS redesignation begins on July 22, 2021
and will remain in effect through March 17, 2023. For more information,
see SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: You may contact Andria Strano, Acting
Chief, Humanitarian Affairs Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration Services, U.S. Department of Homeland
Security, by mail at 5900 Capital Gateway Drive,
[[Page 38745]]
Camp Springs, MD 20746, or by phone at 800-375-5283.
ADDRESSES: For further information on TPS, including guidance on the
registration and re-registration process and additional information on
eligibility, please visit the USCIS TPS web page at <a href="http://www.uscis.gov/tps">http://www.uscis.gov/tps</a>. You can find specific information about this
extension of 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 <a href="http://uscis.gov/tools">uscis.gov/tools</a>. Our online virtual assistant, Emma, can answer many of your
questions and point you to additional information on our website. If
you are unable to 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
<a href="http://www.uscis.gov">http://www.uscis.gov</a>, or visit the USCIS Contact Center at <a href="http://uscis.gov/contactcenter">uscis.gov/contactcenter</a>.
Further information will also be available at local USCIS offices
upon publication of this notice.
SUPPLEMENTARY INFORMATION: In general, individuals must be given an
initial registration period of no less than 180 days to register for
TPS, but the Secretary has discretion to provide for a longer
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). Historically, the
length of the initial registration period has varied. Compare 66 FR
14214 (March 9, 2001) (18 months initial registration period for
applicants under TPS designation for El Salvador) with 80 FR 36346
(June 24, 2015) (180-day initial registration period for applicants
under TPS designation for Nepal). In recent years this period has
generally been limited to the statutory minimum of 180 days, although
later extensions of the initial registration period have also been
announced for some countries. See, e.g., 81 FR 4051 (Jan. 25, 2016)
(setting 180-day initial registration period during extension and
redesignation of South Sudan for TPS); 78 FR 1866 (Jan. 9, 2013)
(setting 180-day initial registration period during extension and
redesignation of Sudan for TPS); but see 75 FR 39957 (July 13, 2010)
(extension of previously announced initial 180-day registration period
for Haiti TPS applicants to allow more time for individuals to apply).
After evaluating whether to limit the initial registration period for
TPS under this new designation of Somalia to the statutory minimum of
180 days, DHS has determined that it will provide the full 18 months of
this designation for applicants to file their initial registration Form
I-821 and, if desired, Form I-765 to obtain employment authorization
documentation. Limiting the initial registration period to 180-days may
place a burden on applicants who may be otherwise eligible for TPS. In
addition, permitting registration throughout the entirety of the
designation period could reduce the operational burden on USCIS, as
incoming applications may be spread out over a longer period of time.
This extended registration period is both in keeping with the
humanitarian purpose of TPS and will better advance the goal of
ensuring ``the Federal Government eliminates sources of fear and other
barriers that prevent immigrants from accessing government services
available to them.'' See Executive Order 14012, Restoring Faith in Our
Legal Immigration Systems and Strengthening Integration and Inclusion
Efforts for New Americans, 86 FR 8277.
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-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
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Through this notice, DHS sets forth procedures necessary for
eligible nationals of Somalia (or individuals having no nationality who
last habitually resided in Somalia) to (1) re-register for TPS and to
apply for renewal of their EADs 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 designation of Somalia and whose
applications have been granted.
For individuals who have already been granted TPS under Somalia's
designation, the 60-day re-registration period runs from July 22, 2021
through September 20, 2021. USCIS will issue new EADs with a March 17,
2023 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 new EADs before their current EADs
expire on September 17, 2021. Accordingly, through this Federal
Register notice, DHS automatically extends the validity of EADs
previously issued under the TPS designation of Somalia for 180 days,
through March 16, 2022. Therefore, TPS beneficiaries can show their
EADs with: (1) A September 17, 2021, expiration date on the face of the
card and (2) an A-12 or C-19 category code, as proof of continued
employment authorization through March 16, 2022. This notice explains
how TPS beneficiaries and their employers may determine which EADs are
automatically extended and how this affects the Form I-9, Employment
Eligibility Verification, E-Verify, and USCIS Systematic Alien
Verification for Entitlements (SAVE) processes.
Individuals who have a Somalia TPS application (Form I-821) and/or
Application for Employment Authorization (Form I-765) that was still
pending as of July 22, 2021 do not need to file either application
again. If USCIS approves an individual's Form I-821, USCIS will grant
the individual TPS through March 17, 2023. 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. There are currently
approximately 447 beneficiaries under Somalia's TPS designation.
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, 2021 and runs through the full length of
the redesignation period ending March 17, 2023. In addition to
demonstrating continuous residence in the United States since July 19,
2021 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, 2021, the effective date of this redesignation of Somalia, before
USCIS may grant them TPS. The DHS
[[Page 38746]]
Office of Immigration Statistics has estimated that approximately 100
individuals may become newly eligible for TPS under the redesignation
of Somalia.
What is Temporary Protected Status (TPS)?
<bullet> TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the INA, or to eligible
individuals without nationality who last habitually resided in the
designated country.
<bullet> 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 so long as they continue to meet the
requirements of TPS.
<bullet> TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. Upon return from such
authorized travel, TPS beneficiaries retain the same immigration status
they had prior to the travel.
<bullet> 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).
<bullet> When the Secretary terminates a country'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
been terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.
When was Somalia designated for TPS?
Somalia was initially designated on September 16, 1991, on the
basis of extraordinary and temporary conditions in Somalia that
prevented nationals of Somalia from safely returning. See Designation
of Nationals of Somalia for Temporary Protected Status, 56 FR 46804
(Sept. 16, 1991). Somalia's designation for TPS has been consecutively
extended by multiple administrations since its initial designation in
1991. Additionally, Somalia was redesignated for TPS in 2001, based on
extraordinary and temporary conditions. See Extension and Redesignation
of Somalia under Temporary Protected Status Program, 66 FR 46288 (Sept.
4, 2001). In 2012, Somalia was again redesignated for TPS on the basis
of extraordinary and temporary conditions and under the separate basis
of ongoing armed conflict. See Extension and Redesignation of Somalia
for Temporary Protected Status, 77 FR 25723 (May 1, 2012). Somalia's
2012 TPS designation was subsequently extended in 2013, 2015, 2017,
2018, and most recently in 2020 for 18 months based on ongoing armed
conflict and extraordinary and temporary conditions. See Extension of
the Designation of Somalia for Temporary Protected Status, 85 FR 14229
(March 11, 2020).
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 (Government), to designate a foreign state (or part thereof)
for TPS if the Secretary determines that certain country conditions
exist.\1\ The decision to designate any foreign state (or part thereof)
is a discretionary decision, and the TPS statute states there is no
judicial review of any determination with respect to the designation,
extension, or termination of a designation.\2\ The Secretary, in his or
her discretion, may then grant TPS to eligible nationals of that
foreign state (or individuals having no nationality who last habitually
resided in the designated country). See INA section 244(a)(1)(A), 8
U.S.C. 1254a(a)(1)(A).
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\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002, Public Law 107-296,
116 Stat. 2135, any reference to the Attorney General in a provision
of the INA describing functions transferred from the Department of
Justice to DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
Act of 2002, tit. XV, section 1517).
\2\ See INA, section 244(b)(5)(A). This issue of judicial review
remains the subject of ongoing litigation. See, e.g., Ramos v. Wolf,
975 F.3d 872 (9th Cir. 2020), petition for en banc rehearing filed
Nov. 30, 2020 (No. 18-16981); Saget v. Trump, 375 F. Supp. 3d 280
(E.D.N.Y. 2019), appeal pending, No. No. 19-1685 (2d Cir.).
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At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary does not
determine that the foreign state no longer meets 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
section 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 section 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 section 244(b)(1)
of the Act, 8 U.S.C. 1254a(b)(1); see also section 244(c)(1)(A)(i) of
the Act, 8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has
been continuously physically present since the effective date of the
most recent designation of the state'') (emphasis added).\3\
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\3\ The extension and redesignation of TPS for Somalia is one of
several instances in which the Secretary and, prior to the
establishment of DHS, the Attorney General have simultaneously
extended a country's TPS designation and redesignated the country
for TPS. See, e.g., 76 FR 29000 (May 19, 2011) (extension and
redesignation for Haiti); 69 FR 60168 (Oct. 7, 2004) (extension and
redesignation for Sudan); 62 FR 16608 (Apr. 7, 1997) (extension and
redesignation for Liberia).
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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
initial TPS applicants must demonstrate that they have been
``continuously resid[ing]'' in the United States. See section
244(c)(1)(A)(ii) of the Act, 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 shall be July 19, 2021.
Initial applicants for TPS under this redesignation must also show they
have been ``continuously physically present'' in the United States
since September 18, 2021, which is the effective date of the
Secretary's redesignation, of Somalia. See section 244(c)(1)(A)(i) of
the Act, 8 U.S.C. 1254a(c)(1)(A)(i). For each initial TPS application
filed under the redesignation, the final determination of whether the
applicant has met the ``continuous physical presence'' requirement
cannot be made until September 18, 2021. 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, 2023?
DHS has reviewed country conditions in Somalia. Based on the
review,
[[Page 38747]]
including input received from DOS, the Secretary has determined that an
18-month extension is warranted because the ongoing armed conflict and
extraordinary and temporary conditions supporting Somalia's 2012 TPS
redesignation persist. The Secretary has further determined that the
conditions support redesignating Somalia for TPS under section
244(b)(1)(A) and (C) of the Act and is changing the ``continuous
residence'' and ``continuous physical presence'' dates that applicants
must meet to be eligible for TPS.
The ongoing armed conflict in Somalia, along with natural disasters
and contagious disease outbreaks, have worsened an already severe
humanitarian crisis. Since DHS last extended TPS for Somalia, a
dramatic upsurge in violence, severe drought, flooding, and the spread
of desert locusts have contributed to worsening food insecurity and
internal displacement.\4\ Moreover, an outbreak of cholera in
conjunction with the COVID-19 pandemic presented major challenges for a
healthcare system that had already been severely weakened by ongoing
conflict. These conditions have left a large portion of the population
in need of humanitarian assistance.\5\ Numerous factors impede the
delivery of humanitarian aid, including difficulty accessing areas
affected by climate-related disasters, general insecurity, and most
notably threats to aid workers and restrictions on the presence and
work of humanitarian agencies. \6\
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\4\ Humanitarian Response Plan Somalia, The UN Office for the
Coordination of Humanitarian Affairs, February 2021, pg. 7.
\5\ Somalia Key Figures, The UN Office for the Coordination of
Humanitarian Affairs, <a href="https://m.reliefweb.int/country/216/som?figures-display=all">https://m.reliefweb.int/country/216/som?figures-display=all</a> (last visited May 5, 2021).
\6\ Humanitarian Response Plan Somalia, The UN Office for the
Coordination of Humanitarian Affairs, February 2021, pg. 5; 2020
Country Reports on Human Rights Practices: Somalia, U.S. Department
of State, April 7, 2021, pg. 15.
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The insurgent group Al-Shabaab continues to present a significant
risk. Becoming bolder since early 2019, Al-Shabaab regularly attacks
major towns and conducts deadly attacks on civilian and military
targets alike.\7\ The organization continues to maintain its capability
to infiltrate Mogadishu and carry out high-profile attacks.\8\ The
group conducted a monthly average of 140 attacks between November 2020
and February 2021.\9\ The group continues to maintain a stronghold in
the southern parts of Somalia, such as the Lower Juba and Lower
Shabelle regions, and also retains operational military capacity in the
northern federal member states of Puntland \10\ and Somaliland.\11\
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\7\ Felbab-Brown, Vanda, The Problem with Militias in Somalia,
United Nations Center for Policy Research, 2020 pg. 120.
\8\ Situation in Somalia Report of the Secretary-General
(November 2020-February 2021), UN Security Council, February 17,
2021 pg. 3.
\9\ Situation in Somalia Report of the Secretary-General
(November 2020-February 2021), UN Security Council, February 17,
2021, pg.4.
\10\ Puntland is a region in the north-east part of Somalia that
declared itself as an autonomous state in August 1998. Puntland
Profile, BBC News, last updated on March 11, 2019.
\11\ Somaliland declared independence from Somalia in 1991.
While not internationally recognized as an independent state,
Somaliland has a political system, government institutions, a police
force, and its own currency. Somaliland Profile, BBC News, last
updated on December 14, 2017; Felbab-Brown, Vanda, The Problem with
Militias in Somalia, United Nations Center for Policy Research,
2020, pg. 12.
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Interclan \12\ conflicts remain a major concern, particularly in
Hiiraan, Galmudug, Lower Shabelle, and Middle Shabelle regions in
southern and central Somalia, and in the Sool region, bordering
Puntland and Somaliland.\13\ Beginning in April 2020 and throughout the
year, the area around Wanlaweyn in Lower Shabelle region saw fierce
interclan fighting between clan militias.\14\ Civilians continue to
bear the brunt of the ongoing interclan violence.\15\ This violence led
to the destruction of property and livelihoods, including via land
grabbing; limited free movement and access to humanitarian assistance;
and taxation of communities (including through forced child
recruitment).\16\
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\12\ Information on Somali clans and sub-clan divisions is
available in the Genealogical Table of Somali Clans, UNHCR, March
15, 2004.
\13\ Humanitarian Response Plan Somalia, The UN Office for the
Coordination of Humanitarian Affairs, February 2021, pg.13.
\14\ 2020 Country Reports on Human Rights Practices: Somalia,
U.S. Department of State, April 7, 2021, pg. 4.
\15\ 2020 Country Reports on Human Rights Practices: Somalia,
U.S. Department of State, April 7, 2021, pg. 5.
\16\ Humanitarian Response Plan Somalia, The UN Office for the
Coordination of Humanitarian Affairs, February 2021, pg. 12-13.
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Security forces and private landowners continued to forcibly evict
\17\ internally displaced persons (IDPs).\18\ In September of 2020,
100,000 IDPs reportedly were evicted from their temporary homes through
that point in the year.\19\
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\17\ Internally displaced persons (IDPs) are generally most
affected by forced evictions in Mogadishu, Somalia's capital.
Generally, these IDPs--fleeing from insecurity and natural disasters
in rural areas--establish temporary settlements in abandoned areas
in Mogadishu, where they pay rent to ``gatekeepers''--the de facto
managers of these informal settlements. These evictions are linked
to rising land and property values, and clan power dynamics among
one of the most powerful clans--the Hawiye clan in the Mogadishu
area. The combination of these factors has led to forced evictions
of IDPs, usually with force and without any prior notice.
UnSettlement: Urban displacement in the 21st century, Internal
Displacement Monitoring Centre, November 2018, pg. 5-7.
\18\ Somalia 2020, Amnesty International, 2021.
\19\ Somalia 2020, Amnesty International, 2021.
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Women and girls in Somalia face high rates of gender-based
violence, and IDPs are disproportionately impacted.\20\ This includes
abductions, female genital mutilation/cutting (FGM/C), and early and
forced marriage, as well as reported incidents of rape and gang rape by
state agents, militias associated with clans, and unidentified armed
men.\21\ Al-Shabaab also committed gender-based violence,\22\ including
forced marriages in areas under its control.\23\ There are also reports
of rape and sexual exploitation and abuse by government forces,
including by the Somali National Army (SNA) and the African Union
Mission in Somalia (AMISOM) forces.\24\
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\20\ 2020 Country Reports on Human Rights Practices: Somalia,
U.S. Department of State, April 7, 2021, pg. 30-31.
\21\ 2020 Country Reports on Human Rights Practices: Somalia,
U.S. Department of State, April 7, 2021, pg. 30-31.
\22\ 2020 Country Reports on Human Rights Practices: Somalia,
U.S. Department of State, April 7, 2021, pg. 14.
\23\ Situation in Somalia Report of the Secretary-General
(November 2020-February 2021), UN Security Council, February 17,
2021, pg. 10.
\24\ 2020 Country Reports on Human Rights Practices: Somalia,
U.S. Department of State, April 7, 2021, pg. 5.
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All parties to the conflict in Somalia continued to commit serious
abuses against children, including those involving killings, maiming,
and recruitment and use of child soldiers.\25\ Between November 2020
and February 2021, some 1,112 children (924 boys and 188 girls) were
affected by serious abuses.\26\ During this period, 395 children were
abducted, 254 children were killed or maimed, 375 children were
recruited and used as child soldiers, and 88 girls were victims of rape
and other forms of sexual violence.\27\ Al-Shabaab was responsible for
most of these abuses.\28\ Al-Shabaab also continued to recruit and use
children to directly participate in hostilities, and used them in
suicide attacks and, at times, as human shields
[[Page 38748]]
for other fighters.\29\ Al-Shabaab's recruitment practices included
raiding schools, madrassas, and mosques, and harassing and coercing
clan elders to recruit children.\30\
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\25\ Somalia Word Report: Events of 2020, Human Rights Watch,
2021.
\26\ Situation in Somalia Report of the Secretary-General
(November 2020-February 2021), UN Security Council, February 17,
2021, pg. 9-10.
\27\ Situation in Somalia Report of the Secretary-General
(November 2020-February 2021), UN Security Council, February 17,
2021, pg. 9-10.
\28\ Situation in Somalia Report of the Secretary-General
(November 2020-February 2021), UN Security Council, February 17,
2021, pg. 9-10.
\29\ 2020 Country Reports on Human Rights Practices: Somalia,
U.S. Department of State, April 7, 2021, pg. 14.
\30\ 2020 Country Reports on Human Rights Practices: Somalia,
U.S. Department of State, April 7, 2021, pg. 14.
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In April 2021, the UN Office for the Coordination of Humanitarian
Affairs (UNOCHA) reported that ``80 percent of the country is
experiencing drought conditions,'' \31\ with drought affecting the
three main regions of Somalia--South/Central, Puntland and
Somaliland.\32\ Below average rainfall from October to December 2020,
followed by harsher and unusually warm temperatures in January to March
2021, worsened drought conditions across the country in March and April
2021.\33\ Ongoing water shortages linked to drought are driving steep
water price increases in many regions, and a growing number of people
rely on expensive water delivered by trucks to meet their basic needs,
contributing to worsening humanitarian conditions.\34\ As of April
2021, more than 116,000 people have been displaced due to drought and
resultant water scarcity.\35\
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\31\ Somalia: Drought Conditions Update, The UN Office for the
Coordination of Humanitarian Affairs, April 26, 2021.
\32\ Somalia Drought Update, Food and Agriculture Organization
of the United Nations, April 22, 2021, pg. 1.
\33\ Somalia Drought Update, Food and Agriculture Organization
of the United Nations, April 22, 2021, pg. 1.
\34\ Fact Sheet #2: Somalia-Complex Emergency, U.S. Agency for
International Development, April 28, 2021, pg. 2.
\35\ Fact Sheet #2: Somalia-Complex Emergency, U.S. Agency for
International Development, April 28, 2021, pg. 2.
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Somalia has also experienced ongoing problems related to flooding.
In October 2019, heavy rains displaced close to 270,000 people; the
worst affected region was in Hiiraan, in central Somalia.\36\ In 2020,
ongoing flooding events displaced 919,000 people and destroyed
infrastructure, property and 144,000 hectares of agricultural
fields.\37\
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\36\ Hundreds of thousands of people affected by floods in
central Somalia, MSF, November 5, 2019.
\37\ Humanitarian Response Plan Somalia, The UN Office for the
Coordination of Humanitarian Affairs, February 2021, pg. 11.
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In December 2020, locust swarms began forming in central regions of
Somalia,\38\ spreading to southern and northern regions in early 2021
and affecting close to 300,000 hectares of land and 700,000 people.\39\
On February 2, 2020, the Somali government declared a national state of
emergency due to the impact of the locusts.\40\ UNOCHA reported in
February 2021 that Somalia experienced its worst desert locust upsurge
in 25 years, damaging tens of thousands of hectares of cropland and
pasture with potentially severe consequences for agriculture and
pastoral-based livelihoods.\41\
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\38\ Humanitarian Response Plan Somalia, The UN Office for the
Coordination of Humanitarian Affairs, February 2021, pg. 12.
\39\ Situation in Somalia Report of the Secretary-General
(November 2020-February 2021), UN Security Council, February 17,
2021 pg. 10.
\40\ Situation in Somalia--Report of the Secretary-General (S/
2020/121), UN Security Council, February 13, 2020, pg. 11.
\41\ Humanitarian Response Plan Somalia, The UN Office for the
Coordination of Humanitarian Affairs, February 2021, pg. 12.
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In an October 2020 report, the Food and Agriculture Organization of
the United Nations (FAO) and the World Food Programme (WFP) identified
Somalia as one of 20 ``acute food insecurity hotspots,'' \42\ and noted
that Somalia is facing ``high levels of acute food insecurity.'' \43\
The Food Security Nutrition Analysis Unit (FSNAU) for Somalia assessed
that the ``drivers of acute food insecurity in Somalia included the
compounding effects of poor and erratic rainfall distribution,
flooding, Desert Locust infestation, socioeconomic impacts of COVID-19,
and conflict.'' \44\ As of March 2021, an estimated 2.7 million people
are facing acute food insecurity.\45\ Moreover, in March 2021, UNOCHA
also reported that in 2020, children constitute over 60% of those in
need in Somalia, and malnutrition rates among children remain among the
worst in the world.\46\
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\42\ FAO-WFP early warning analysis of acute food insecurity
hotspots: October 2020, Food and Agriculture Organization of the
United Nations and the World Food Programme, Nov. 2020, pg. 6.
\43\ FAO-WFP early warning analysis of acute food insecurity
hotspots: October 2020, Food and Agriculture Organization of the
United Nations and the World Food Programme, Nov. 2020, pg. 13.
\44\ Up to 2.7 million in Somalia face acute food insecurity
Crisis (IPC Phase 3) or worse outcomes through mid-2021, Food
Security and Nutrition Analysis Unit, February 4, 2021.
\45\ Fact Sheet #2: Somalia-Complex Emergency, U.S. Agency for
International Development, April 28, 2021, pg. 1.
\46\ 2021 Somalia Humanitarian Needs Overview, The UN Office for
the Coordination of Humanitarian Affairs pg. 7.
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COVID-19 has directly impacted Somalia's health care system, which
is limited.\47\ In June 2020, the World Health Organization (WHO)
assessed that Somalia's health system, decimated by decades of civil
war, ranked 194 out of 195 on the Global Health Security Index.\48\
While the global standard for healthcare workers is 25 per 100,000
people, Somalia has only 2 healthcare workers per 100,000 people.\49\
With only 15 ICU beds for a population of more than 15 million, it is
listed among the least-prepared countries in the world to detect and
report epidemics, or to execute a rapid response that might mitigate
further spread of disease.\50\
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\47\ COVID-19, locusts, flooding: WHO and triple threat in
Somalia, World Health Organization, June 23, 2020.
\48\ COVID-19, locusts, flooding: WHO and triple threat in
Somalia, World Health Organization, June 23, 2020.
\49\ COVID-19, locusts, flooding: WHO and triple threat in
Somalia, World Health Organization, June 23, 2020.
\50\ COVID-19, locusts, flooding: WHO and triple threat in
Somalia, World Health Organization, June 23, 2020.
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Somalia has also been experiencing a cholera outbreak since
December 2017, following floods that affected areas near the Jubba and
Shabelle rivers in southern and central Somalia.\51\ According to WHO,
in 2020 Somalia had 6,589 suspected cases of cholera and 33 reported
deaths.\52\ In April 2020, flash floods caused by heavy rains led to
the contamination of water sources, thus causing an increase in the
number of cholera cases.\53\
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\51\ Outbreak update--Cholera in Somalia, World Health
Organization, March 23, 2021.
\52\ Outbreak update--Cholera in Somalia, World Health
Organization, December 27, 2020.
\53\ Outbreak update--Cholera in Somalia, World Health
Organization, March 23, 2021.
---------------------------------------------------------------------------
Humanitarian organizations operating in Somalia face heightened
challenges, as security constraints continued to hinder the delivery of
humanitarian assistance.\54\ UNOCHA reported that in 2020, ``a
staggering 255 incidents occurred impacting humanitarian operations, in
which 15 humanitarian workers were killed, compared to 151 incidents in
2019.'' \55\
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\54\ Humanitarian Response Plan Somalia, The UN Office for the
Coordination of Humanitarian Affairs, February 2021, pg. 5.
\55\ Humanitarian Response Plan Somalia, The UN Office for the
Coordination of Humanitarian Affairs, February 2021, pg. 5.
---------------------------------------------------------------------------
In December 2019, the World Bank reported that ``[d]ecades of civil
war and political fragmentation have made Somalia one of the poorest
countries in Sub-Saharan Africa. Nearly seven of 10 Somalis live in
poverty, the sixth-highest rate in the region.'' \56\ While the World
Bank stated in March 2020 that ``Somalia reached a key economic
milestone in obtaining debt relief,'' \57\ the African Development Bank
assessed
[[Page 38749]]
that Somalia's economy was also affected by ``reduced foreign direct
investment, as investors shied away during contentious elections that
were postponed, a shrinkage in remittances because of the global
recession, and bans on livestock exports by the Gulf countries.'' \58\
---------------------------------------------------------------------------
\56\ From data to development: Poverty and policy in Somalia,
World Bank Blogs, December 09, 2019.
\57\ The International Monetary Fund and the World Bank
determined that Somalia had taken the necessary steps to begin
receiving debt relief. For additional details on these requirements,
please see Somalia to Receive Debt Relief under the Enhanced HIPC
Initiative, World Bank, March 25, 2020.
\58\ Somalia Economic Outlook, African Development Bank (last
visited on May 7, 2021).
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Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
<bullet> The conditions supporting Somalia's designation for TPS
continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
<bullet> There continues to be an ongoing armed conflict in Somalia
and, due to such conflict and the accompanying humanitarian crisis that
has been worsened by, among other things, the COVID-19 pandemic,
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 section
244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
<bullet> 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 section 244(b)(1)(C),
8 U.S.C. 1254a(b)(1)(C).
<bullet> The designation of Somalia for TPS should be extended for
an 18-month period, from September 18, 2021, through March 17, 2023.
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
<bullet> Due to the conditions described above, Somalia should be
simultaneously redesignated for TPS effective September 18, 2021,
through March 17, 2023. See section 244(b)(1)(A) and (C) and (b)(2) of
the Act, 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
<bullet> For the redesignation, the Secretary has determined that
initial TPS applicants must demonstrate that they have continuously
resided in the United States since July 19, 2021.
<bullet> Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since September 18, 2021, the effective date of the
redesignation of Somalia for TPS.
<bullet> There are approximately 447 current Somalia TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
<bullet> It is estimated that approximately 100 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 Extension of the TPS Designation and Redesignation 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 Government agencies, the conditions supporting Somalia's
designation for TPS continue to be met. See INA section 244(b)(3)(A), 8
U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am
simultaneously extending the existing designation of TPS for Somalia
for 18 months, from September 18, 2021, through March 17, 2023, and
redesignating Somalia for TPS for the same 18-month period. See INA
section 244(b)(1)(A), (b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(A),
(b)(1)(C), and (b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
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 an Application for Temporary Protected Status
(Form I-821). If you are filing an initial application, you must pay
the fee for the Form I-821. If you can demonstrate an inability to pay
the fee, you may request a fee waiver by submitting a Request for a Fee
Waiver (Form I-912). If you are filing an application for re-
registration, you do not need to pay the fee for the Form I-821. There
is no Form I-821 fee for re-registration. See 8 CFR 244.17. You may be
required to pay the biometric services fee. If you can demonstrate an
inability to pay the biometric services fee, you may request to have
the fee waived. Please see additional information under the ``Biometric
Services Fee'' section of this notice.
Through this Federal Register notice, your existing EAD issued
under the TPS designation of Somalia with the expiration date of
September 17, 2021, is automatically extended for 180 days, through
March 16, 2022. If you want to obtain a new EAD valid through March 17,
2023, you must file an Application for Employment Authorization (Form
I-765) and pay the Form I-765 fee (or request a fee waiver). If you do
not want a new EAD, you do not have to file Form I-765 and pay the Form
I-765 fee. If you do not want to request a new EAD now, you may also
file Form I-765 at a later date and pay the fee (or request a fee
waiver), provided that you still have TPS or a pending TPS application.
However, you are strongly encouraged to file your application for a new
EAD as early as possible to avoid gaps in the validity of your
employment authorization documentation and to ensure that you receive
your new EAD by March 16, 2022.
If you are applying for initial registration and want an EAD, you
must file and pay the fee for the Form I-765. If you do not want to
request an EAD now, you may also file Form I-765 at a later date and
pay the fee (or request a fee waiver), provided that you still have TPS
or a pending TPS application. You may file the application for a new
EAD either prior to or after your current EAD has expired.
Everyone must provide their employer with documentation showing
that they have the legal right to work in the United States. You do not
need to have an EAD, but you can obtain one and it will prove your
legal right to work.
If you have a Form I-821 or Form I-765 that was still pending as of
July 22, 2021, then you do not need to file either application again.
If USCIS approves your pending TPS application, USCIS will grant you
TPS through March 17, 2023. Similarly, if USCIS approves your pending
TPS-related Form I-765, it will be valid through the same date.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at <a href="http://www.uscis.gov/tps">http://www.uscis.gov/tps</a>. Fees
for the Form I-821, the Form I-765, and biometric services are also
described in 8 CFR 103.7(b)(1)(i).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must generally submit a
biometric services fee. As previously stated, if you can demonstrate an
inability to pay the biometric services fee, you may be able to have
the fee waived. You can request a fee waiver by submitting a Request
for Fee Waiver (Form I-912). For more information on the application
forms and fees for TPS, please visit the USCIS TPS web page at
<a href="http://www.uscis.gov/tps">www.uscis.gov/tps</a>. USCIS may require you to visit an Application
Support Center so we can capture your biometrics. For additional
information on the USCIS biometrics
[[Page 38750]]
screening process, please see the USCIS Customer Profile Management
Service Privacy Impact Assessment, available at <a href="http://www.dhs.gov/privacy">www.dhs.gov/privacy</a>.
Refiling a TPS Initial Registration Application After Receiving Notice
That USCIS Did Not Grant the Fee Waiver Request
You should file as soon as possible so USCIS can process your
application and issue any EAD promptly, if you requested one. If USCIS
denies your fee waiver request related to your initial TPS application,
you must refile your Form I-821 for TPS along with the required fees no
later than March 17, 2023, to continue seeking initial TPS. If USCIS
does not grant your fee waiver request, you may also refile your Form
I-765, with fee, either with your Form I-821 or at a later time as long
as it is within the period that Somalia is designated for TPS, if you
choose.
Note: An initial applicant for TPS must pay the Form I-821 filing
fee and applicants age 14 or older must also pay the biometric services
fee, unless USCIS grants a fee waiver. However, if you decide to wait
to request an EAD, you do not have to file the Form I-765 or pay the
associated Form I-765 fee (or request a fee waiver) at the time of
registration. You may wait to seek an EAD until after USCIS has
approved your TPS registration application or at any later date you
decide you want to request an EAD as long as TPS for Somalia continues.
To register for TPS, you only need to file the Form I-821 with the $50
filing fee and the biometric services fee, if applicable (or request a
fee waiver).
Refiling a TPS Re-Registration Application After Receiving Notice That
the Fee Waiver Request Was Not Granted
You should file as soon as possible so USCIS can process your
application and issue any EAD promptly, if you requested one. Properly
filing early will also give you time to refile your application before
the deadline, if USCIS does not grant your fee waiver request. If you
receive a notice that USCIS did not grant your fee waiver request, and
you are unable to refile by the re-registration deadline, you may still
refile your Form I-821 with the biometrics fee. USCIS will review this
situation to determine whether you established good cause for late TPS
re-registration. However, if possible, we urge you to refile within 45
days of the date on any USCIS notice that we did not grant you a fee
waiver. See INA section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR
244.17(b). For more information on good cause for late re-registration,
visit the USCIS TPS web page at <a href="http://www.uscis.gov/tps">http://www.uscis.gov/tps</a>. If USCIS does
not grant your fee waiver request, you may also refile your Form I-765
with the fee either with your Form I-821 or at a later time, if you
choose.
Note: A re-registering TPS beneficiary age 14 and older must pay
the biometric services fee (but not the Form I-821 filing fee), or
request a fee waiver, when filing a TPS re-registration application.
However, if you decide to wait to request an EAD, you do not have to
file the Form I-765 or pay the associated Form I-765 fee (or request a
fee waiver) at the time of re-registration. You may wait to seek an EAD
until after USCIS has approved your TPS re-registration application or
at any later date you decide you want to request an EAD. To re-register
for TPS, you only need to file the Form I-821 with the biometric
services fee, if applicable (or request a fee waiver).
Mailing Information
Mail your application for TPS to the proper address in Table 1.
Table 1--Mailing Addresses
----------------------------------------------------------------------------------------------------------------
If you would like to send your application by: Then, mail your application to:
----------------------------------------------------------------------------------------------------------------
U.S. Postal Service................................ U.S. Citizenship and Immigration Services, Attn: TPS
Somalia, P.O. Box 6943, Chicago, IL 60680-6943.
FedEx, UPS, or DHL................................. U.S. Citizenship and Immigration Services, Attn: TPS
Somalia (Box 6943), 131 S Dearborn St., 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 or are re-
registering for the first time following a grant of TPS by an IJ or the
BIA, please mail your application to the appropriate mailing address in
Table 1. When you are re-registering and requesting an EAD based on an
IJ/BIA grant of TPS, please include a copy of the IJ or BIA order
granting you TPS with your application. This will help us to verify
your grant of TPS and process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying or
registering for TPS on the USCIS website at <a href="http://www.uscis.gov/tps">www.uscis.gov/tps</a> under
``Somalia.''
Employment Authorization Document (EAD)
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application,
including the status of an EAD request, you can check Case Status
Online at <a href="http://www.uscis.gov">http://www.uscis.gov</a>, or visit the USCIS Contact Center at
<a href="http://uscis.gov/contactcenter">uscis.gov/contactcenter</a>. If your Form I-765 has been pending for more
than 90 days, and you still need assistance, you may ask a question
about your case online at <a href="http://egov.uscis.gov/e-request/Intro.do">egov.uscis.gov/e-request/Intro.do</a> or call the
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Am I eligible to receive an automatic 180-day extension of my current
EAD through March 16, 2022, using this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have a Somalia TPS-based EAD with an expiration date of
September 17, 2021, on the face of the card, bearing the notation A-12
or C-19 under Category, this notice automatically extends your EAD
through March 16, 2022. Although this Federal Register notice
automatically extends your EAD through March 16, 2022, you must re-
register timely for TPS in accordance with the procedures described in
this Federal Register notice to maintain your TPS and employment
authorization.
[[Page 38751]]
When hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing Form I-9?
You can find the Lists of Acceptable Documents on the third page of
Form I-9 as well as the Acceptable Documents web page at <a href="https://www.uscis.gov/i-9-central/acceptable-documents">https://www.uscis.gov/i-9-central/acceptable-documents</a>. Employers must complete
Form I-9 to verify the identity and employment authorization of all new
employees. Within three days of hire, employees must present acceptable
documents to their employers as evidence of identity and employment
authorization to satisfy Form I-9 requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization), or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt for List A,
List B, or List C documents as described in the Form I-9 instructions.
Employers may not reject a document based on a future expiration date.
You can find additional information about Form I-9 on the I-9 Central
web page at <a href="http://www.uscis.gov/I-9Central">http://www.uscis.gov/I-9Central</a>.
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
further information. If your EAD has an expiration date of September
17, 2021, and states A-12 or C-19 under Category, it has been extended
automatically by virtue of this Federal Register notice and you may
choose to present your EAD to your employer as proof of identity and
employment eligibility for Form I-9 through March 16, 2022, unless your
TPS has been withdrawn or your request for TPS has been denied.
What documentation may I present to my employer for Form I-9 if I am
already employed but my current TPS-related EAD is set to expire?
Even though we have automatically extended your EAD, your employer
is required by law to ask you about your continued employment
authorization. Your employer may need to re-inspect 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 Expiration date and
Category code, your employer 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 further information. You may show
this Federal Register notice to your employer to explain what to do for
Form I-9 and to show that USCIS has automatically extended your EAD
through March 16, 2022, but you are not required to do so. The last day
of the automatic EAD extension is March 16, 2022. Before you start work
on March 17, 2022, your employer is required by law to reverify your
employment authorization in Section 3 of Form I-9. By that time, you
must present any document from List A or any document from List C on
Form I-9 Lists of Acceptable Documents, or an acceptable List A or List
C receipt described in the Form I-9 instructions to reverify employment
authorization.
Your employer may not specify which List A or List C document you
must present and cannot reject an acceptable receipt.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my Somali citizenship or a Form I-797C
showing I re-registered for TPS?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
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 do not need to reverify List B identity
documents. Therefore, employers may not request proof of Somali
citizenship or proof of re-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 so long as the
EAD reasonably appears to be genuine and relates to you. Refer to the
Note to Employees section of this Federal Register notice for important
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin.
How do my employer and I complete Form I-9 using my automatically
extended EAD for a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job before March 17, 2022:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter March 16,
2022, as the ``expiration date''; and
b. Enter your Alien Number/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 if 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,
2021;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write March 16, 2022, as the expiration date.
Before the start of work on March 17, 2022, employers must reverify
the employee's employment authorization in Section 3 of 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-inspect your current EAD if they do not
have a copy of the EAD on file. Your employer should determine if 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, 2021, on the
front of the card.
If your employer determines that USCIS has automatically extended
your EAD, your employer should update Section 2 of your previously
completed Form I-9 as follows:
1. Write EAD EXT and March 16, 2022, 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
complete Section 3 until either the 180-day automatic extension has
ended, or the employee presents a new document to show continued
employment authorization, whichever is sooner. By March 17, 2022, when
the employee's automatically extended EAD has expired, employers are
required by law to reverify the employee's employment authorization in
Section 3.
[[Page 38752]]
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee by
entering the number from the Document Number field on Form I-9 into the
document number field in E-Verify. Employers should enter March 16,
2022, as the expiration date for an EAD that has been extended under
this Federal Register notice.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?
E-Verify automated the verification process for TPS-related EADs
that are automatically extended. If you have employees who provided a
TPS-related EAD when they first started working for you, you will
receive a ``Work Authorization Documents Expiring'' case alert when the
auto-extension period for this EAD is about to expire. Before this
employee starts work on March 17, 2022, you must reverify their
employment authorization in Section 3 of 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 <a href="/cdn-cgi/l/email-protection#440d697d07212a30362528043137272d376a202c376a232b32"><span class="__cf_email__" data-cfemail="8cc5a1b5cfe9e2f8feede0ccf9ffefe5ffa2e8e4ffa2ebe3fa">[email protected]</span></a>. USCIS accepts calls and emails in English and
many other languages. For questions about avoiding discrimination
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil
Rights Division, Immigrant and Employee Rights Section (IER) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
<a href="/cdn-cgi/l/email-protection#c28b879082b7b1a6ada8eca5adb4"><span class="__cf_email__" data-cfemail="074e425547727463686d29606871">[email protected]</span></a>.
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 <a href="/cdn-cgi/l/email-protection#1d5430245e7873696f7c715d686e7e746e3379756e337a726b"><span class="__cf_email__" data-cfemail="c48de9fd87a1aab0b6a5a884b1b7a7adb7eaa0acb7eaa3abb2">[email protected]</span></a>. Calls are accepted in English,
Spanish, and many other languages. Employees or applicants may also
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based upon citizenship,
immigration status, or national origin, including discrimination
related to Form I-9 and E-Verify. The IER Worker Hotline provides
language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 Instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of Tentative Nonconfirmation (TNC) must promptly
inform employees of the TNC and give such employees an opportunity to
contest the TNC. A TNC case result means that the information entered
into E-Verify from an employee's Form I-9 differs from Federal or State
government records.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of
the TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
verify 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 <a href="https://www.justice.gov/ier">https://www.justice.gov/ier</a> and on the USCIS and E-Verify websites at <a href="https://www.uscis.gov/i-9-central">https://www.uscis.gov/i-9-central</a> and <a href="https://www.e-verify.gov">https://www.e-verify.gov</a>.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, TPS beneficiaries presenting an automatically
extended EAD referenced in this Federal Register notice do not need to
show any other document, such as an I-797C Notice of Action or this
Federal Register notice, to prove that they qualify for this extension.
However, while Federal Government agencies must follow the guidelines
laid out by the Federal Government, state and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, State, or local government benefit, you may need to provide
the government agency with documents that show you are a TPS
beneficiary, show you are authorized to work based on TPS or other
status, or that may be used by DHS to determine whether you have TPS or
other immigration status. Examples of such documents are:
<bullet> Your current EAD;
<bullet> Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
<bullet> Your Form I-797, the notice of approval, for a past or
current Form I-821, if you received one from USCIS.
Check with the government agency regarding which document(s) the
agency will accept. Some benefit-granting agencies use USCIS'
Systematic Alien Verification for Entitlements (SAVE) program to
confirm the current immigration status of applicants for public
benefits. While SAVE can verify when an individual has TPS, each
agency's procedures govern whether they will accept an unexpired EAD,
Form I-797, or Form I-94, Arrival/Departure Record. If an agency
accepts the type of TPS-related document you are presenting, such as an
EAD, the agency should accept your automatically extended EAD. It may
assist the agency if you:
a. Present the agency with 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
[[Page 38753]]
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
<a href="http://save.uscis.gov/casecheck/">save.uscis.gov/casecheck/</a>. 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 (A-number, USCIS number or
Form I-94 number) or Verification Case Number. If an agency has denied
your application based solely or in part on a SAVE response, the agency
must offer you the opportunity to appeal the decision in accordance
with the agency's procedures. If the agency has received and acted upon
or will act upon a SAVE verification and you do not believe the SAVE
response is correct, the SAVE website, <a href="http://www.uscis.gov/save">www.uscis.gov/save</a>, has detailed
information on how to make corrections or update your immigration
record, make an appointment, or submit a written request to correct
records.
[FR Doc. 2021-15595 Filed 7-21-21; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on July 22, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.