Notice2021-16611
Extension of Initial Registration Periods for New Temporary Protected Status Applicants Under the Designations for Venezuela, Syria, and Burma; Correction to the Notice on the Designation of Venezuela for Temporary Protected Status and Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 4, 2021
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
Through this notice, the Department of Homeland Security (DHS) announces extensions of the initial registration periods from 180 days to 18 months for initial (new) applicants under the Temporary Protected Status (TPS) designations for Venezuela, Syria, and Burma. This notice also provides certain specific corrections to the Federal Register notice regarding Venezuela at 86 FR 13574 (Mar. 9, 2021).
Full Text
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<title>Federal Register, Volume 86 Issue 147 (Wednesday, August 4, 2021)</title>
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[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41986-41988]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16611]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2695-21; DHS Docket No. USCIS- USCIS-2021-0014]
RIN 1615-ZB89
Extension of Initial Registration Periods for New Temporary
Protected Status Applicants Under the Designations for Venezuela,
Syria, and Burma; Correction to the Notice on the Designation of
Venezuela for Temporary Protected Status and Implementation of
Employment Authorization for Venezuelans Covered by Deferred Enforced
Departure
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice of initial registration period extensions.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces extensions of the initial registration periods from 180 days
to 18 months for initial (new) applicants under the Temporary Protected
Status (TPS) designations for Venezuela, Syria, and Burma. This notice
also provides certain specific corrections to the Federal Register
notice regarding Venezuela at 86 FR 13574 (Mar. 9, 2021).
DATES: DHS is extending the initial registration periods from 180 days
to 18 months for applicants who do not currently have TPS under the TPS
designations for Venezuela, Syria, and Burma, as specified in this
notice.\1\ This extension to 18 months is the same time period of the
TPS designation itself, allowing an individual to apply as an initial
applicant any time during the 18-month designation periods for these
three countries. However, applicants should be aware that the ability
to file a late initial TPS application may not be available during any
potential subsequent extensions of these designations, so individuals
desiring TPS should take action to apply during this 18-month initial
registration period in order to ensure that they do not miss the
opportunity to obtain TPS. These initial registration period extensions
apply to the following Federal Register notices:
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\1\ The 60-day re-registration period (March 19, 2021, through
May 18, 2021) for existing TPS beneficiaries under TPS Syria is not
changing. See 86 FR 14946 (Mar. 19, 2021).
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Designation of Venezuela for Temporary Protected Status and
Implementation of Employment Authorization for Venezuelans Covered by
Deferred Enforced Departure (86 FR 13574): \2\ The 18-month
registration period to apply for TPS now runs from March 9, 2021,
through September 9, 2022. See also corrections to Venezuela notice
below.
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\2\ A Federal Register notice was published on March 24, 2021,
correcting defects in the original notice of Designation of
Venezuela for Temporary Protected Status and Implementation of
Employment Authorization for Venezuelans Covered by Deferred
Enforced Departure. See 86 FR 15694. This notice provides further
corrections.
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Extension and Redesignation of Syria for Temporary Protected Status
(86 FR 14946): The 18-month registration period for initial
applications under the redesignation of TPS for Syria now runs from
March 19, 2021, through September 30, 2022.
Designation of Burma (Myanmar) for Temporary Protected Status (86
FR 28132): The 18-month registration period now runs from May 25, 2021,
through November 25, 2022.
FOR FURTHER INFORMATION CONTACT:
<bullet> Andria Strano, Acting 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 800-375-
5283.
<bullet> For further information on TPS, please visit the USCIS TPS
web page at <a href="http://www.uscis.gov/tps">www.uscis.gov/tps</a>.
<bullet> 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
U.S. Citizenship and Immigration Services (USCIS) Contact Center at
800-375-5283 (TTY 800-767-1833).
<bullet> 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">www.uscis.gov</a>, or call the USCIS Contact Center at 800-375-
5283 (TTY 800-767-1833).
<bullet> Further information will also be available at local USCIS
offices upon publication of this notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
Form I-765--Application for Employment Authorization
Form I-821--Application for Temporary Protected Status
Government--U.S. Government
[[Page 41987]]
INA--Immigration and Nationality Act
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
Background on Temporary Protected Status (TPS)
<bullet> TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA) or to eligible persons 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, are
employment authorized, and may obtain Employment Authorization
Documents (EADs), so long as they continue to meet the requirements of
TPS.
<bullet> TPS beneficiaries may also apply for travel authorization
as a matter of discretion.
<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 of Homeland Security (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 on
the date TPS terminates.
Purpose of This Action
Through this Federal Register notice, DHS is extending the initial
registration periods from 180 days to 18 months for initial applicants
(that is, individuals who do not currently have TPS) under the TPS
designations for Venezuela, Syria, and Burma, as specified in this
notice. The initial registration periods will now run for the entire
18-month period of the TPS designations for Venezuela and Burma, and
for the entire 18-month period of TPS redesignation for Syria. This
will allow individuals to submit an initial application for TPS and an
application for employment authorization documentation (if desired),
during the relevant country's TPS designation or redesignation.
DHS is extending the registration period for a number of reasons.
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 most typically 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); 75 FR 39957 (July
13, 2010) (extending previously announced initial 180-day registration
period for Haiti TPS applicants to allow more time for individuals to
apply). After reevaluating the initial 180-day registration periods
announced for TPS under the new designations for Venezuela and Burma
and the redesignation of Syria, DHS has determined that it will provide
the full 18 months of these designations for applicants to file their
initial Form I-821 and Form I-765 to obtain an EAD, if desired.
Limiting the initial registration period to 180 days may place a burden
on applicants who are unable to timely file but would otherwise be
eligible for a grant of 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 in
keeping with the humanitarian purpose of TPS and will better advance
the goal of ensuring ``the Federal Government eliminates . . . 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 (Feb. 5, 2021).
In addition, through this Federal Register notice, DHS is making
corrections to the Federal Register notice regarding Venezuela's TPS
designation that was published on March 9, 2021, at 86 FR 13574. USCIS
is correcting the second paragraph of the section titled ``Required
Application Forms and Application Fees To Register for TPS'' to correct
the end date of the EAD validity period noted in that section from
``September 7, 2021'' to ``September 9, 2022.'' USCIS is also
correcting the section titled ``Refiling a TPS Registration Application
After Receiving a Denial of a Fee Waiver Request'' in order to remove
erroneous references to a ``good cause'' exception to late filings for
initial TPS applicants under the Venezuela designation.\3\
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\3\ See 8 CFR 244.2(f) and (g) (noting requirements for
consideration of late initial TPS registration applications). A
``good cause'' exception to late filings is applicable only to
persons re-registering for TPS as per INA Sec. 244(c)(3)(C), not to
initial registrants.
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Corrections
In FR Doc. 2021-04951, beginning on page 13574, in the Federal
Register of March 9, 2021, make the following corrections:
1. On page 13578, the sentence indicating ``Although not required
to do so, if you want to obtain an EAD valid through September 7, 2021,
you must file an Application for Employment Authorization (Form I-765)
and pay the Form I-765 fee (or submit a Request for a Fee Waiver (Form
I-912))'' is corrected to read as follows: ``Although not required to
do so, if you want to obtain an EAD valid through September 9, 2022,
you must file an Application for Employment Authorization (Form I-765)
and pay the Form I-765 fee or request a fee waiver''.
2. On page 13578, the heading ``Refiling a TPS Registration
Application After Receiving a Denial of a Fee Waiver Request'' is
corrected to read as follows: ``Refiling a TPS Registration Application
after Receiving Notice that USCIS Did Not Grant the Fee Waiver
Request''.
3. On page 13578, the first paragraph under the heading that
currently reads ``Refiling a TPS Registration Application After
Receiving a Denial of a Fee Waiver Request'' is struck and replaced
with the following correction:
``You should file as soon as possible so USCIS can process your
application and issue an EAD promptly, if you requested one. If USCIS
does not grant your fee waiver request related to your initial TPS
application, you must refile your Form I-821 for TPS, along with the
required fees, by September 9, 2022 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 Venezuela is designated for TPS.
For more information on late
[[Page 41988]]
initial registration, visit the USCIS TPS web page at <a href="http://uscis.gov/tps">uscis.gov/tps</a>.''
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-16611 Filed 8-3-21; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on August 4, 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.