Notice2022-20784
Extension and Redesignation of Burma (Myanmar) for Temporary Protected Status
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
September 27, 2022
Effective
November 26, 2022
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 Burma for Temporary Protected Status (TPS) for 18 months, effective from November 26, 2022, through May 25, 2024. This extension allows existing TPS beneficiaries to retain TPS through May 25, 2024, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through May 25, 2024, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Burma for TPS. The redesignation of Burma allows additional Burmese nationals (and individuals having no nationality who last habitually resided in Burma) who have been continuously residing in the United States since September 25, 2022 to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since September 25, 2022 and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since November 26, 2022, the effective date of this redesignation of Burma for TPS.
Full Text
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<title>Federal Register, Volume 87 Issue 186 (Tuesday, September 27, 2022)</title>
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[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Pages 58515-58524]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20784]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2686-21; DHS Docket No. USCIS-2021-0005]
RIN 1615-ZB88
Extension and Redesignation of Burma (Myanmar) for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) extension and
redesignation.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Burma for Temporary Protected Status (TPS)
for 18 months, effective from November 26, 2022, through May 25, 2024.
This extension allows existing TPS beneficiaries to retain TPS through
May 25, 2024, so long as they otherwise continue to meet the
eligibility requirements for TPS. Existing TPS beneficiaries who wish
to extend their status through May 25, 2024, must re-register during
the 60-day re-registration period described in this notice. The
[[Page 58516]]
Secretary is also redesignating Burma for TPS. The redesignation of
Burma allows additional Burmese nationals (and individuals having no
nationality who last habitually resided in Burma) who have been
continuously residing in the United States since September 25, 2022 to
apply for TPS for the first time during the initial registration period
described under the redesignation information in this notice. In
addition to demonstrating continuous residence in the United States
since September 25, 2022 and meeting other eligibility criteria,
initial applicants for TPS under this designation must demonstrate that
they have been continuously physically present in the United States
since November 26, 2022, the effective date of this redesignation of
Burma for TPS.
DATES:
Extension of Designation of Burma for TPS: The 18-month extension
of Burma's designation for TPS is effective on November 26, 2022, and
will remain in effect for 18 months, through May 25, 2024. The
extension impacts existing beneficiaries of TPS.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from September 27, 2022 through November 26, 2022.
(Note: It is important for re-registrants to timely re-register during
the 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.)
Redesignation of Burma for TPS: The 18-month redesignation of Burma
for TPS is effective on November 26, 2022, and will remain in effect
for 18 months, through May 25, 2024. The redesignation impacts
potential first-time applicants and others who do not currently have
TPS.
First-time Registration: The initial registration period for new
applicants under the Burma TPS redesignation begins on September 27,
2022 and will remain in effect through May 25, 2024.
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 800-375-5283.
For further information on TPS, including guidance on the
registration process and additional information on eligibility, please
visit the USCIS TPS web page at <a href="http://uscis.gov/tps">uscis.gov/tps</a>. You can find specific
information about Burma's TPS designation by selecting ``Burma'' from
the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit <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://uscis.gov">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:
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 (Approval 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
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
Purpose of This Action (TPS)
Through this notice, DHS sets forth procedures necessary for
nationals of Burma (or individuals having no nationality who last
habitually resided in Burma) to (1) re-register for TPS and 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 prior designation of Burma and whose
applications have been granted. Failure to re-register properly during
the 60-day re-registration period may result in the withdrawal of your
TPS following appropriate procedures. See 8 CFR 244.14.
For individuals who have already been granted TPS under Burma's
designation, the 60-day re-registration period runs from September 27,
2022 through November 26, 2022. USCIS will issue new EADs with a May
25, 2024 expiration date to eligible Burmese 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. Accordingly, through this Federal Register notice, DHS
automatically extends the validity of EADs previously issued under the
TPS designation of Burma through November 25, 2023. Therefore, as proof
of continued employment authorization through November 25, 2023, TPS
beneficiaries can show their EADs that have the notation A-12 or C-19
under Category and a ``Card Expires'' date of November 25, 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 Burma TPS application (Form I-821) and/or
Application for Employment Authorization (Form I-765) that was still
pending as of September 27, 2022 do not need to file either application
again. If USCIS approves an individual's Form I-821, USCIS will grant
the individual TPS through May 25, 2024. Similarly, if USCIS approves a
pending TPS-related Form I-765, USCIS will issue the individual a new
EAD that will be valid through the same date.
Under the redesignation, individuals who currently do not have TPS
may submit an initial application during the initial registration
period that runs from September 27, 2022 and runs through the full
length of the redesignation period ending May 25, 2024.\1\ In
[[Page 58517]]
addition to demonstrating continuous residence in the United States
since September 25, 2022 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 November 26, 2022,\2\ the effective date of this
redesignation of Burma, before USCIS may grant them TPS. DHS estimates
that approximately 2,290 individuals may become newly eligible for TPS
under the redesignation of Burma.
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\1\ 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). In keeping
with the humanitarian purpose of TPS and advancing the goal of
ensuring ``the Federal Government eliminates . . . barriers that
prevent immigrants from accessing government services available to
them'' under 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), the Secretary
has recently exercised his discretion to provide for TPS initial
registration periods that coincide with the full period of a TPS
country's initial designation or redesignation. See, e.g.,
Designation of Haiti for Temporary Protected Status, 86 FR 41863
(Aug. 3, 2021) (providing 18-mos. registration period under new TPS
designation of Haiti); 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, 86 FR 41986 (Aug. 4, 2021)
(extending initial registration periods from 180 days to 18 months
for the three applicable countries)). For the same reasons, the
Secretary is similarly exercising his discretion to provide
applicants under this TPS designation of Burma with an 18-month
initial registration period.
\2\ The ``continuous physical presence date'' (CPP) is the
effective date of the most recent TPS designation of the country,
which is either the publication date of the designation announcement
in the Federal Register or such later date as the Secretary may
establish. The ``continuous residence date'' (CR) is any date
established by the Secretary when a country is designated (or
sometimes redesignated) for TPS. See INA Sec. 244(b)(2)(A)
(effective date of designation); 244(c)(1)(A)(i-ii) (discussing CR
and CPP date requirements).
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What is Temporary Protected Status (TPS)?
<bullet> 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.
<bullet> During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to work so long as they continue to meet the requirements of
TPS. They may apply for and receive EADs as evidence of employment
authorization.
<bullet> TPS beneficiaries may also apply for and be granted 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 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, as long as it is still valid
beyond the date TPS terminates.
When was Burma designated for TPS?
Secretary of Homeland Security, Alejandro N. Mayorkas, initially
designated Burma for TPS on May 25, 2021, on the basis of extraordinary
and temporary conditions that prevented nationals of Burma from
returning in safety. See Designation of Burma Temporary Protected
Status, 86 FR 28132 (May 25, 2021).
What authority does the Secretary have to extend the designation of
Burma for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\3\ The
decision to designate any foreign state (or part thereof) is a
discretionary decision, and there is no judicial review of any
determination with respect to the designation, termination, or
extension of a designation. See INA section 244(b)(5)(A); 8 U.S.C.
1254a(b)(5)(A).\4\ 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
foreign state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\3\ INA Sec. 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135. 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. Id., at Sec. 244(b)(1).
\4\ This issue of judicial review is the subject of 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).
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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 section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
the foreign state continues to meet the conditions for TPS designation,
the designation will be extended for an additional period of 6 months
or, in the Secretary's discretion, 12 or 18 months. See INA 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 Burma for TPS?
In addition to extending an existing TPS designation, the
Secretary, after consultation with appropriate Government agencies, may
redesignate a country (or part thereof) for TPS if conditions support
such a designation. 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).\5\
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\5\ The extension and redesignation of TPS for Burma 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
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 Burma will be September 25, 2022. Initial applicants
for TPS under this redesignation must also show they have been
``continuously physically present''
[[Page 58518]]
in the United States since November 26, 2022, which is the effective
date of the Secretary's redesignation, of Burma. 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 November 26, 2022,
the effective date of this redesignation for Burma. USCIS, however,
will issue employment authorization documentation, as appropriate,
during the registration period in accordance with 8 CFR 244.5(b).
Why is the Secretary extending the TPS designation for Burma and
simultaneously redesignating Burma for TPS through May 25, 2024?
DHS has reviewed country conditions in Burma. Based on the review,
including consultation with DOS and other U.S. Government agencies, the
Secretary has determined that an 18-month TPS extension is warranted
because the extraordinary and temporary conditions supporting Burma's
TPS designation remain. The Secretary has further determined that
redesignating Burma for TPS under section 244(b)(3)(C), 8 U.S.C.
1254a(b)(3)(C) of the Act is warranted and is changing the ``continuous
residence'' and ``continuous physical presence'' dates that applicants
must meet to be eligible for TPS.
DHS has conducted a thorough review of country conditions in Burma.
Since the February 1, 2021 military coup d'[eacute]tat, the military
regime has widely committed human rights violations and abuses,
including arbitrary detentions and the unwarranted use of deadly force
against unarmed individuals.\6\ As a result, more than 974,000 people
have been internally displaced since the coup, bringing the total
number of IDPs to nearly 1.3 million people when including pre-coup
displacements, and more than 45,500 additional persons have sought
refuge outside Burma since the coup.\7\ Internally displaced persons
and other vulnerable populations throughout the country now lack
adequate and secure access to shelter, food, water and sanitation,
health care, and education and are therefore also increasingly
vulnerable to trafficking.
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\6\ Report of the Special Rapporteur on the situation of human
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council,
Mar. 16, 2022, available at: <a href="https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas">https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas</a> (last accessed May 27, 2022).
\7\ Myanmar Humanitarian Update No. 21, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), September 2, 2022, p.
2., available at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-21-2-september-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-21-2-september-2022</a> (last visited Sep. 13,
2022).
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In the period following the coup, fighting between the Burmese
military and groups (many of them newly formed) resisting the
military's seizure of power have expanded to most parts of the country,
even regions where clashes had not been seen in decades.\8\ For
example, shortly after its inception, the group known as the ``National
Unity Government'' (NUG), created an armed component to purportedly
lead overall direction for resistance forces, which it refers to as the
People's Defense Force (PDF).\9\ However, the growing capacity of the
PDF and other forces opposed to military rule has coincided with
greater instability, with hundreds of civilians killed in clashes
between the military and the PDF and hundreds of thousands
displaced.\10\ Additionally, ``nearly 26,000 civilian properties,
including houses, churches, monasteries, and schools are estimated to
have been destroyed during hostilities, although figures are difficult
to verify.'' \11\ Since the coup, an additional 1,835 persons were
killed and 10,600 arrested due to activities unrelated to the ongoing
fighting, mainly during the continuing anti-coup protests.\12\ On
October 21, 2021, the Armed Conflict Location and Event Database
(ACLED) reported that over 60% of the world's demonstrators killed by
state actors died in Burma, thus naming it ``the deadliest country for
demonstrators.'' \13\
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\8\ Myanmar's Coup Shakes Up Its Ethnic Conflicts, International
Crisis Group, Jan. 12, 2022, available at: <a href="https://www.crisisgroup.org/asia/south-east-asia/myanmar/319-myanmars-coup-shakes-its-ethnic-conflicts">https://www.crisisgroup.org/asia/south-east-asia/myanmar/319-myanmars-coup-shakes-its-ethnic-conflicts</a> (last accessed May 27, 2022).
\9\ Conflict seen escalating in Myanmar on anniversary of PDF,
Radio Free Asia, May 11, 2022, available at: <a href="https://www.rfa.org/english/news/myanmar/anniversary-05112022202816.html">https://www.rfa.org/english/news/myanmar/anniversary-05112022202816.html</a> (last visited
May 24, 2022).
\10\ Conflict seen escalating in Myanmar on anniversary of PDF,
Radio Free Asia, May 11, 2022, available at: <a href="https://www.rfa.org/english/news/myanmar/anniversary-05112022202816.html">https://www.rfa.org/english/news/myanmar/anniversary-05112022202816.html</a> (last visited
May 24, 2022).
\11\ Myanmar Humanitarian Update No. 21, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), September 2, 2022, p.
2., available at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-21-2-september-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-21-2-september-2022</a> (last visited Sep. 14,
2022).
\12\ Conflict seen escalating in Myanmar on anniversary of PDF,
Radio Free Asia, May 11, 2022, available at: <a href="https://www.rfa.org/english/news/myanmar/anniversary-05112022202816.html">https://www.rfa.org/english/news/myanmar/anniversary-05112022202816.html</a> (last visited
May 24, 2022).
\13\ Deadly Demonstrations: Fatalities from State Engagement on
the Rise, Armed Conflict Location and Event Database (ACLED), Oct.
21, 2022, available at: <a href="https://acleddata.com/2021/10/21/deadly-demonstrations/">https://acleddata.com/2021/10/21/deadly-demonstrations/</a> (last visited May 23, 2022).
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On March 15, 2022, the United Nations (U.N.) High Commissioner for
Human Rights, Michelle Bachelet, asked the international community to
take ``concerted, immediate measures to stem the spiral of violence [in
Burma],'' \14\ referencing a report from the Office of the High
Commissioner for Human Rights (OHCHR) finding that the Burmese military
forces target civilians and continue to use explosive weapons with
wide-ranging effects in populated areas.\15\ On March 16, 2022, the
U.N. Human Rights Council Special Rapporteur on the situation of human
rights in Myanmar issued a report detailing human rights abuses
committed by the Burmese military since the February 2021 coup. The
report noted that the military has escalated what it labeled
``indiscriminate attacks against civilians using jet fighters, attack
helicopters and heavy artillery.'' \16\ It added that ``soldiers have
burned entire villages to the ground. Civilians and combatants have
been tortured, raped, executed, and used as human shields.\17\ The U.S.
Institute of Peace observed that, one year after the coup, ``the
violence has descended into full-scale civil war,'' with devastating
effects on civilians as the Burmese military used ``heavy weapons and
air assaults, wiping out entire villages in attempts to dislodge EAOs
[ethnic armed organizations] and PDFs.'' \18\
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\14\ Myanmar: `Appalling' violations demand `unified and
resolute international response', U.N. News, Mar. 15, 2022,
available at: <a href="https://news.un.org/en/story/2022/03/1113972">https://news.un.org/en/story/2022/03/1113972</a> (last
visited May 25, 2022).
\15\ Myanmar: `Appalling' violations demand `unified and
resolute international response', U.N. News, Mar. 15, 2022,
available at: <a href="https://news.un.org/en/story/2022/03/1113972">https://news.un.org/en/story/2022/03/1113972</a> (last
visited May 25, 2022).
\16\ Report of the Special Rapporteur on the situation of human
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council,
Mar. 16, 2022, available at: <a href="https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas">https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas</a> (last accessed May 27, 2022).
\17\ Report of the Special Rapporteur on the situation of human
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council,
Mar. 16, 2022, available at: <a href="https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas">https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas</a> (last accessed May 27, 2022).
\18\ Myanmar Study Group: Final Report--Anatomy of the Military
Coup and Recommendations for U.S. Response, U.S. Institute for
Peace, Feb. 1, 2022, p.5, available at <a href="https://www.usip.org/publications/2022/02/myanmar-study-group-final-report">https://www.usip.org/publications/2022/02/myanmar-study-group-final-report</a> (last accessed
May 27, 2022).
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The coup pushed Burma into a volatile political and security
situation ``heavily impact[ing] [Burma's] emerging economy and the
[country's] already fragile public service sector, further restricting
people's access to essential services and children's access
[[Page 58519]]
to education.'' \19\ ``This multi-dimensional humanitarian crisis [has]
affect[ed] the whole country,'' \20\ causing large numbers of persons
to flee the country as refugees or to be displaced internally.
Displacement has increased exponentially since February 2021.\21\
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\19\ Myanmar Humanitarian Needs Overview 2022, December 31,2021,
p. 6, available at <a href="https://reliefweb.int/sites/reliefweb.int/files/resources/mmr_humanitarian_needs_overview_2022.pdf">https://reliefweb.int/sites/reliefweb.int/files/resources/mmr_humanitarian_needs_overview_2022.pdf</a> (last visited
Aug. 12, 2022).
\20\ Id.
\21\ Myanmar Emergency Overview Map, UNHCR, July 4, 2022,
available at: <a href="https://reporting.unhcr.org/document/2851">https://reporting.unhcr.org/document/2851</a> (last
visited Aug. 3, 2022).
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Furthermore, though estimates are difficult to verify, about
``26,000 civilian properties, including houses, churches, monasteries,
and schools'' \22\ appear to have been destroyed since the start of the
violence, a level of destruction that ``will make IDP [internally
displaced persons] returns more difficult even if the situation
improves.'' \23\
---------------------------------------------------------------------------
\22\ Myanmar Humanitarian Update No. 18, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 2.,
available at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022</a> (last visited Jun. 8, 2022).
\23\ Id.
---------------------------------------------------------------------------
The 2021 DOS Country Report on Human Rights Practices indicated
there were reports that the military regime's security forces and some
resistance organizations have engaged in ``killings, disappearances,
excessive use of force, disregard for civilian life, sexual violence,
and other abuses.'' \24\ According to the Assistance Association for
Political Prisoners, as of June 2, 2022, there were 10,870 people
currently under detention in connection with the February 2021
coup.\25\ As of June 2, 2022, 13,926 had been arrested in connection
with the coup, 3,035 persons had been released from detention, and
1,883 persons had been killed in connection with the coup.\26\
---------------------------------------------------------------------------
\24\ 2021 Country Reports on Human Rights Practices: Burma, U.S.
Department of State, Apr. 12, pg. 15, available at: <a href="https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/burma/">https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/burma/</a> (last visited Jun. 2, 2022).
\25\ Daily Briefing in Relation to the Military Coup, Assistance
Association for Political Prisoners, Jun. 2, 2022, available at:
https://<a href="https://aappb.org/?p=21971">https://aappb.org/?p=21971</a> (last visited Jun. 2, 2022).
\26\ Id.
---------------------------------------------------------------------------
The coup has also exacerbated the precarious human rights situation
of members of the ethnic minority Rohingya. In March 2022, the U.S.
Secretary of State determined that members of the Burmese military had
committed genocide and crimes against humanity against Rohingya.\27\
Rohingya are forbidden by law from relocating within Burma and have
been arrested since the 2021 coup when they have attempted to do
so.\28\ Rohingya attempting to flee Burma by boat have also perished at
sea, as happened in May 2022 when 14 people died when their boat
capsized as they were attempting to make the journey from Rakhine state
to Malaysia.\29\
---------------------------------------------------------------------------
\27\ Genocide, Ethnic Cleansing, and Crimes Against Humanity in
Burma, U.S. Department of State, undated, available at: <a href="https://www.state.gov/burma-genocide/">https://www.state.gov/burma-genocide/</a> (last visited May 25, 2022).
\28\ Myanmar's military coup prolongs misery for Rohingya in
Rakhine, Al-Jazeera, Jan. 6, 2022, available at: <a href="https://www.aljazeera.com/news/2022/1/6/rohingya-myanmar-restrictions-on-freedom-of-movement">https://www.aljazeera.com/news/2022/1/6/rohingya-myanmar-restrictions-on-freedom-of-movement</a> (last visited May 31, 2022).
\29\ At Least 17 Perish as Refugee Boat Capsizes Off Myanmar
Coast, The Diplomat, May 24, 2022, available at: <a href="https://thediplomat.com/2022/05/at-least-17-perish-as-refugee-boat-capsizes-off-myanmar-coast/">https://thediplomat.com/2022/05/at-least-17-perish-as-refugee-boat-capsizes-off-myanmar-coast/</a> (last visited May 31, 2022).
---------------------------------------------------------------------------
As of May 31, 2022, 4.1 million persons were estimated to face
moderate to severe food insecurity with the greatest needs in violence-
affected rural areas.\30\ Access to adequate food and nutrition is a
major unmet need. Severe acute malnutrition is a threat to life, with
only 2 percent of the 39,477 children aged 6-59 months old targeted for
assistance having received treatment.\31\ In some places, relief
agencies are only recently beginning to be able to provide assistance
to those rendered vulnerable by the destruction of civilian property.
It was only in April 2022, for example, that UNHCR became the first
U.N. agency to gain access to Kayah state, at which time they began to
distribute relief supplies, including supplies related to shelter, food
and sanitation, to persons in need, including internally displaced
persons and returnees.\32\ Lack of resources, strong storms and heavy
rain, and access and movement restrictions limit the U.N. and its
partners from providing assistance to all of those in need.\33\ As of
September 2022, only 50 percent (3.1 million people) of those targeted
for relief in the U.N.'s 2022 Humanitarian Response Plan (6.2 million
people) had been reached with humanitarian assistance.\34\
---------------------------------------------------------------------------
\30\ Myanmar Humanitarian Update No. 18, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 8,
available at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022</a> (last visited Jun. 8, 2022).
\31\ Myanmar Humanitarian Update No. 18, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 9,
available at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022</a> (last visited Jun. 8, 2022).
\32\ Myanmar Humanitarian Update No. 18, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 3,
available at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022</a> (last visited Jun. 8, 2022).
\33\ Myanmar Humanitarian Update No. 18, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 2.,
available at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022</a> (last visited Jun. 8, 2022).
\34\ Myanmar Humanitarian Update No. 21, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), September 2, 2022,
available at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-21-2-september-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-21-2-september-2022</a> (last visited Sep. 14,
2022).
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The ongoing violence and the resulting displacement in Burma have
caused major vulnerabilities related to (1) shelter, (2) food security
and nutrition, (3) water, sanitation and hygiene (WASH), (4) health,
and (5) education.\35\ Lack of personnel, facilities, and supplies is
contributing to a ``worsening of maternal and child health outcomes,''
as well as to ``poor emergency care'' for pregnant women, victims of
fighting, and persons with other related and unrelated injuries, all of
which is anticipated to result in increased numbers of avoidable
deaths.\36\
---------------------------------------------------------------------------
\35\ Myanmar Humanitarian Update No. 18, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, available
at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022</a> (last visited Jun. 8, 2022).
\36\ Myanmar Humanitarian Update No. 18, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 8-9,
available at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022</a> (last visited Jun. 8, 2022).
---------------------------------------------------------------------------
The coup and the ensuing protests repudiating it by the Burmese
(within and outside of Burma) have deteriorated Burma's economic
conditions, worsening the humanitarian crisis. The Burmese currency,
the kyat, has experienced extreme volatility since the coup, as Burma's
economy shrank by 18% in the year leading up to September 2021.\37\
Critical services such as banking, telecommunications, health, and
education were disrupted, and economic sanctions that had been lifted
as Burma had transitioned toward democracy were reimposed.\38\
Increasing commodity prices, particularly for food and fuel, are
causing distress for thousands of people across the country. In
addition to affecting Burmese people's purchasing power for essential
items such as food, rising prices are beginning to affect the
[[Page 58520]]
work of relief agencies, particularly those supplying food and
shelter.\39\
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\37\ Myanmar Central Bank Orders Government Agencies to Stop
Using Foreign Currencies, The Diplomat, May 27, 2022, available at:
<a href="https://thediplomat.com/2022/05/myanmar-central-bank-orders-government-agencies-to-stop-using-foreign-currencies/">https://thediplomat.com/2022/05/myanmar-central-bank-orders-government-agencies-to-stop-using-foreign-currencies/</a> (last visited
May 31, 2022).
\38\ Myanmar Central Bank Orders Government Agencies to Stop
Using Foreign Currencies, The Diplomat, May 27, 2022, available at:
<a href="https://thediplomat.com/2022/05/myanmar-central-bank-orders-government-agencies-to-stop-using-foreign-currencies/">https://thediplomat.com/2022/05/myanmar-central-bank-orders-government-agencies-to-stop-using-foreign-currencies/</a> (last visited
May 31, 2022).
\39\ Myanmar Humanitarian Update No. 18, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, p. 2, 7-
8, 14, available at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022</a> (last visited Jun. 8, 2022).
---------------------------------------------------------------------------
In summary, more than a year after the Burmese military perpetrated
a coup, human rights violations and abuses including sexual violence,
disappearances, excessive use of force, and killings are occurring in
most parts of the country. As a result, more than 974,000 people are
currently internally displaced throughout the country, while more than
45,500 remain in neighboring countries after fleeing since the coup.
Burma was economically vulnerable when the coup took place, but has
since ``suffered further economic decline, with mass job losses,
business closures and the weakening of the [country's] currency, which
has affected households across the country.'' \40\ As a result, major
vulnerabilities related to shelter, food security, human trafficking
risks, and the country's economy have arisen as Burmese families have
lost on average more than half of their income since the February 2021.
---------------------------------------------------------------------------
\40\ Families in Myanmar lose more than half their income in
year of conflict, says Save the Children, Jul. 28, 2022, available
at: <a href="https://reliefweb.int/report/myanmar/families-myanmar-lose-more-half-their-income-year-conflict-says-save-children">https://reliefweb.int/report/myanmar/families-myanmar-lose-more-half-their-income-year-conflict-says-save-children</a> (last visited
Aug. 12, 2022).
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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 Burma'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 continue to be extraordinary and temporary
conditions in Burma that prevent Burmese nationals (or individuals
having no nationality who last habitually resided in Burma) from
returning to Burma in safety, and it is not contrary to the national
interest of the United States to permit Burmese 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 Burma for TPS should be extended for an
18-month period, from November 26, 2022, through May 25, 2024. See INA
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
<bullet> Due to the conditions described above, Burma should be
simultaneously redesignated for TPS effective November 26, 2022,
through May 25, 2024. 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> The Secretary has determined that TPS applicants must
demonstrate that they have continuously resided in the United States
since September 25, 2022.
<bullet> Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since November 26, 2022, the effective date of the
redesignation of Burma for TPS.
<bullet> It is estimated that approximately 2,290 additional
individuals may be eligible for TPS under the redesignation of Burma.
This population includes Burmese nationals who have entered the United
States since March 11, 2021, who are in nonimmigrant status or without
immigration status.
Notice of the Designation of Burma for TPS
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting Burma's designation for TPS on the basis of extraordinary
and temporary conditions are met. See INA section 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C). On the basis of this determination, I am
simultaneously extending the existing designation of TPS for Burma for
18 months, from November 26, 2022, through May 25, 2024, and
redesignating Burma for TPS for the same 18-month period. See INA
section 244(b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(C), and (b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Register for TPS
To register for TPS based on the designation of Burma, you must
submit a Form I-821, Application for Temporary Protected Status, and
pay the filing fee (or request a fee waiver, which you may submit on
Form I-912, Request for Fee Waiver). You may be required to pay the
biometric services fee. If you can demonstrate an inability to pay the
biometric services fee, you may request to have the fee waived. Please
see additional information under the ``Biometric Services Fee'' section
of this notice.
TPS beneficiaries are authorized to work in the United States. You
are not required to submit Form I-765 or have an EAD but see below for
more information if you want to work in the United States.
Individuals who have a Burma TPS application (Form I-821) that was
still pending as of September 27, 2022 do not need to file the
application again. If USCIS approves an individual's Form I-821, USCIS
will grant the individual TPS through May 25, 2024.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at <a href="http://uscis.gov/tps">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).
How can TPS beneficiaries obtain an Employment Authorization Document
(EAD)?
Every employee must provide their employer with documentation
showing that they have the legal right to work in the United States.
TPS beneficiaries are eligible for an EAD, which proves their legal
right to work. Those who want to obtain an EAD must file a Form I-765,
Application for Employment Authorization, and pay the Form I-765 fee
(or request a fee waiver, which you may submit on Form I-912, Request
for Fee Waiver). TPS applicants may file this form along with their TPS
application, or at a later date, provided their TPS application is
still pending or has been approved. Beneficiaries with a Burmese TPS-
related Form I-765 application that was still pending as of September
27, 2022 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 May 25, 2024.
Refiling an Initial TPS Registration Application After Receiving a
Denial of a Fee Waiver Request
If you receive a denial of a fee waiver request, you must refile
your Form I-821 for TPS along with the required fees during the
registration period, which extends until May 25, 2024. You may also
file for your Form I-765 with payment of the fee along with your TPS
application or at any later date you decide you want to request an EAD
during the registration period.
Filing Information
USCIS offers the option to applicants for TPS under Burma's
designation to file Form I-821 and related requests for EADs online or
by mail. When filing a TPS application, applicants can also request an
EAD by submitting a completed Form I-765, Request for Employment
Authorization, with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing
[[Page 58521]]
online.\41\ To file these forms online, you must first create a USCIS
online account.\42\
---------------------------------------------------------------------------
\41\ Find information about online filing at ``Forms Available
to File Online,'' <a href="https://www.uscis.gov/file-online/forms-available-to-file-online">https://www.uscis.gov/file-online/forms-available-to-file-online</a>.
\42\ <a href="https://myaccount.uscis.gov/users/sign_up">https://myaccount.uscis.gov/users/sign_up</a>.
---------------------------------------------------------------------------
Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Form I-821, Application for Temporary Protected
Status; Form I-765, Application for Employment Authorization; Form I-
912, Request for Fee Waiver (if applicable); and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are using the U.S. Postal USCIS, Attn: TPS Burma, P.O. Box
Service (USPS). 6943, Chicago, IL 60680-6943.
You are using FedEx, UPS, or DHL.. USCIS, Attn: TPS Burma (Box 6943),
131 S Dearborn 3rd Floor, Chicago,
IL 60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, please
mail your Form I-765 application to the appropriate mailing address in
Table 1. When you are 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 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
(that is, registering) for TPS on the USCIS website at <a href="http://uscis.gov/tps">uscis.gov/tps</a>
under ``Burma.''
Travel
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. You must file for travel
authorization if you wish to travel outside of the United States. If
granted, travel authorization gives you permission to leave the United
States and return during a specific period. To request travel
authorization, you must file Form I-131, Application for Travel
Document, available at <a href="http://www.uscis.gov/i-131">www.uscis.gov/i-131</a>. You may file Form I-131
together with your Form I-821 or separately. When filing the Form I-
131, you must:
<bullet> Select Item Number 1.d. in Part 2 on the Form I-131; and
<bullet> Submit the fee for the Form I-131, or request a fee
waiver, which you may submit on Form I-912, Request for Fee Waiver.
If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1. If you are filing Form I-131
separately based on a pending or approved Form I-821, send your form to
the address listed in Table 2 and include a copy of Form I-797 for the
approved or pending Form I-821.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with a Form The address provided in Table
I-821, Application for Temporary 1.
Protected Status.
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 receipt
notice (Form I-797C) showing we
accepted or approved your Form I-821.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, 2501 S
approved Form I-821, and you are using State Hwy. 121 Business, Ste.
FedEx, UPS, or DHL: You must include a 400, Lewisville, TX 75067.
copy of the receipt notice (Form I-
797C) showing we accepted or approved
your Form I-821.
------------------------------------------------------------------------
Biometric Services Fee for TPS
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay the
biometric services fee, you may request a fee waiver, which you may
submit on Form I-912, Request for Fee Waiver. For more information on
the application forms and fees for TPS, please visit the USCIS TPS web
page at <a href="http://uscis.gov/tps">uscis.gov/tps</a>. If necessary, you may be required to visit an
Application Support Center to have your biometrics captured. For
additional information on the USCIS biometric screening process, please
see the USCIS Customer Profile Management Service Privacy Impact
Assessment, available at <a href="http://dhs.gov/privacy">dhs.gov/privacy</a>.
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 <a href="http://uscis.gov">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 extension of my current EAD
through November 25, 2023, using this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have
[[Page 58522]]
a Burma TPS-based EAD that has the notation A-12 or C-19 under Category
and a ``Card Expires'' date of November 25, 2022, this Federal Register
notice automatically extends your EAD through November 25, 2023.
Although this Federal Register notice automatically extends your EAD
through November 25, 2023, 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.
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 <a href="http://uscis.gov/i-9-central/acceptable-documents">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 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://uscis.gov/I-9Central">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 states A-12 or C-19 under Category and has a
Card Expires date of November 25, 2022, 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 November 25, 2023, unless
your TPS has been withdrawn or your request for TPS has been denied.
Your country of birth notated on the EAD does not have to reflect the
TPS designated country of Burma for you to be eligible for this
extension.
What documentation may I present to my employer for Form I-9 if I am
already employed but my current TPS-related EAD is set to expire?
Even though we have automatically extended your EAD, your employer
is required by law to ask you about your continued employment
authorization. Your employer may need to re-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 Expires'' 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 November 25, 2023, but you are not required
to do so. The last day of the automatic EAD extension is November 25,
2023. Before you start work on November 26, 2023, your employer is
required by law to reverify your employment authorization on Form I-9.
By that time, you must present any document from List A or any document
from List C on Form I-9 Lists of Acceptable Documents, or an acceptable
List A or List C receipt described in the Form I-9 instructions to
reverify employment authorization.
Your employer may not specify which List A or List C document you
must present and cannot reject an acceptable receipt.
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, regardless of whether you have an EAD or work authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through May 25, 2024, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation such as
evidence of my status or proof of my Burmese citizenship or a Form I-
797C showing that I registered for TPS for Form I-9 completion?
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 need not reverify List B identity documents. Employers may
not request proof of Burmese 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 so long as the EAD reasonably appears to be
genuine and to relate to you. Refer to the ``Note to Employees''
section of this Federal Register notice for important information about
your rights if your employer rejects lawful documentation, requires
additional documentation, or otherwise discriminates against you based
on your citizenship or immigration status, or your national origin.
How do my employer and I complete Form I-9 using my automatically
extended EAD for a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job before November 26, 2023:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter November
25, 2023, 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 if the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a ``Card Expires'' date of November 25,
2022;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write November 25, 2023, as the expiration date.
Before the start of work on November 26, 2023, employers must
reverify the employee's employment authorization on Form I-9.
[[Page 58523]]
What updates should my current employer make to Form I-9 if my EAD has
been automatically extended?
If you presented a PTS-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 on the front of the card and has a ``Card Expires'' date of
November 25, 2022. The 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, your employer should update Section 2 of your previously
completed Form I-9 as follows:
1. Write EAD EXT and November 25, 2023, 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 one-year automatic extension
has ended, or the employee presents a new document to show continued
employment authorization, whichever is sooner. By November 26, 2023,
when the employee's automatically extended EAD has expired,
employers are required by law to reverify the employee's employment
authorization on Form I-9.
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee by
entering the number from the Document Number field on Form I-9 into the
document number field in E-Verify. Employers should enter Novemer 25,
2023, 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 November 26, 2023, you must reverify their
employment authorization on Form I-9. Employers may not use E-Verify
for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#672e4a5e2402091315060b271214040e1449030f1449000811"><span class="__cf_email__" data-cfemail="dd94f0e49eb8b3a9afbcb19da8aebeb4aef3b9b5aef3bab2ab">[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#b4fdf1e6f4c1c7d0dbde9ad3dbc2"><span class="__cf_email__" data-cfemail="e7aea2b5a7929483888dc9808891">[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#87ceaabec4e2e9f3f5e6ebc7f2f4e4eef4a9e3eff4a9e0e8f1"><span class="__cf_email__" data-cfemail="21680c1862444f5553404d6154524248520f4549520f464e57">[email protected]</span></a>. USCIS accepts calls in
English, Spanish and many other languages. Employees or job applicants
may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515)
for information regarding employment discrimination based on
citizenship, immigration status, or national origin, including
discrimination related to Form I-9 and E-Verify. The IER Worker Hotline
provides language interpretation in 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 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
TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
confirm an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at <a href="http://justice.gov/ierandtheUSCISandE-Verifywebsitesatuscis.gov/i-9-central">justice.gov/ierandtheUSCISandE-Verifywebsitesatuscis.gov/i-9-central</a> and <a href="http://e-verify.gov">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.
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 may be used by DHS to determine if you have TPS or another
immigration status. Examples of such documents are:
<bullet> Your current EAD with a TPS category code of A-12 or C-19,
even if your country of birth noted on the EAD does not reflect the TPS
designated country of Burma;
[[Page 58524]]
<bullet> Your Form I-94, Arrival/Departure Record;
<bullet> Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
<bullet> Form I-797, Notice of Action, reflecting approval or
receipt of a past or current Form I-821.
Check with the government agency regarding which document(s) the
agency will accept. Some benefit-granting agencies use the 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, regardless of the
country of birth listed on the EAD. Regardless of the TPS-related
document you present, it may assist the agency if you:
a. Present the agency with a copy of the relevant Federal Register
notice listing the TPS-related document, including any applicable auto-
extension of the document, along with your recent TPS-related document
with your A-Number, or USCIS 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
<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 on
or will act on 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. 2022-20784 Filed 9-26-22; 8:45 am]
BILLING CODE 9111-97-P
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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.