Notice2022-28283
Extension and Redesignation of Yemen 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
January 3, 2023
Effective
March 4, 2023
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 Yemen for Temporary Protected Status (TPS) for 18 months, beginning on March 4, 2023, through September 3, 2024. This extension allows existing TPS beneficiaries to retain TPS through September 3, 2024, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through September 3, 2024, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Yemen for TPS. The redesignation of Yemen allows additional Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since December 29, 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 December 29, 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 March 4, 2023, the effective date of this redesignation of Yemen for TPS.
Full Text
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<title>Federal Register, Volume 88 Issue 1 (Tuesday, January 3, 2023)</title>
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[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 94-103]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28283]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2729-22; DHS Docket No. USCIS-2015-0005]
RIN 1615-ZB76
Extension and Redesignation of Yemen 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 Yemen for Temporary Protected Status (TPS)
for 18 months, beginning on March 4, 2023, through September 3, 2024.
This extension allows existing TPS beneficiaries to retain TPS through
September 3, 2024, so long as they otherwise continue to meet the
eligibility requirements for TPS. Existing TPS beneficiaries who wish
to extend their status through September 3, 2024, must re-register
during the 60-day re-registration period described in this notice. The
Secretary is also redesignating Yemen for TPS. The redesignation of
Yemen allows additional Yemeni nationals (and individuals having no
nationality who last habitually resided in Yemen) who have been
continuously residing in the United States since December 29, 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 December 29, 2022 and meeting other eligibility criteria, initial
applicants for TPS under this
[[Page 95]]
designation must demonstrate that they have been continuously
physically present in the United States since March 4, 2023, the
effective date of this redesignation of Yemen for TPS.
DATES:
Extension of Designation of Yemen for TPS: The 18-month designation
of Yemen for TPS begins on March 4, 2023, and will remain in effect for
18 months, through September 3, 2024. The extension impacts existing
beneficiaries of TPS.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from January 3, 2023 through March 6, 2023. (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 reregistration could
result in gaps in their employment authorization documentation.)
Redesignation of Yemen for TPS: The 18-month redesignation of Yemen
for TPS begins on March 4, 2023, and will remain in effect for 18
months, through September 3, 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 Yemen TPS redesignation begins on January 3, 2023
and will remain in effect through September 3, 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="https://www.uscis.gov/tps">https://www.uscis.gov/tps</a>. You can find
specific information about Yemen's TPS designation by selecting
``Yemen'' 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="https://www.uscis.gov/contactcenter">https://www.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-131--Application for Travel Document
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Purpose of This Action (TPS)
Through this notice, DHS sets forth procedures necessary for
nationals of Yemen (or individuals having no nationality who last
habitually resided in Yemen) 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 Yemen and whose
applications have been granted. Failure to re-register properly within
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 Yemen's
designation, the 60-day re-registration period runs from January 3,
2023 through March 6, 2023. USCIS will issue new EADs with a September
3, 2024 expiration date to eligible Yemeni 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 certain EADs previously issued
under the TPS designation of Yemen through March 3, 2024. Therefore, as
proof of continued employment authorization through March 3, 2024, TPS
beneficiaries can show their EADs that have the notation A-12 or C-19
under Category and a ``Card Expires'' date of March 3, 2023, or
September 3, 2021. 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 Yemen TPS application (Form I-821) and/or
Application for Employment Authorization (Form I-765) that was still
pending as of January 3, 2023 do not need to file either application
again. If USCIS approves an individual's pending Form I-821, USCIS will
grant the individual TPS through September 3, 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 January 3, 2023 through the full length of the
redesignation period, ending September 3, 2024.\1\ In addition to
demonstrating continuous residence in the United States since December
29, 2022 and meeting other eligibility
[[Page 96]]
criteria, initial applicants for TPS under this redesignation must
demonstrate that they have been continuously physically present in the
United States since March 4, 2023,\2\ the effective date of this
redesignation of Yemen, before USCIS may grant them TPS. DHS estimates
that approximately 1,200 individuals may become newly eligible for TPS
under the redesignation of Yemen.
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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 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., 86 FR 41863 (Aug.
3, 2021) (providing 18-mos. registration period under new TPS
designation of Haiti); 86 FR 41986 (Aug. 4, 2021) (``Extension of
Initial Registration Periods for New Temporary Protected Status
Applicants Under the Designations for Venezuela, Syria and Burma).
For the same reasons, the Secretary is similarly exercising his
discretion to provide applicants under this TPS designation of Yemen
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 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 DHS discretion.
<bullet> To qualify for TPS, beneficiaries must meet the
eligibility standards at INA sec. 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 Yemen designated for TPS?
Yemen was initially designated for TPS on September 3, 2015, based
on ongoing armed conflict that prevented nationals of Yemen from
returning to Yemen in safety. See Designation of Republic of Yemen for
Temporary Protected Status, 80 FR 53319 (Sept. 3, 2015). In January
2017, Yemen's designation was extended for 18 months through September
3, 2018, and Yemen was redesignated for TPS on the dual bases of
ongoing armed conflict and extraordinary and temporary conditions. See
Extension and Redesignation of Republic of Yemen for Temporary
Protected Status, 82 FR 859 (Jan. 4, 2017). The Secretary extended
Yemen's TPS designation in 2018 and 2020 because the statutory bases of
ongoing armed conflict and extraordinary and temporary conditions
persisted. See Extension of the Designation of Yemen for Temporary
Protected Status, 83 FR 40307 (Aug. 14, 2018); see also Extension of
the Designation of Yemen for Temporary Protected Status, 85 FR 12313
(Mar. 2, 2020). Most recently, the Secretary extended and redesignated
Yemen for TPS based on ongoing armed conflict and extraordinary and
temporary conditions in 2021. See Extension and Redesignation of Yemen
for Temporary Protected Status, 86 FR 36295 (July 9, 2021).
What authority does the Secretary have to extend the designation Yemen
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 sec. 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 sec. 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 sec. 244(b)(3)(A),
8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign
state continues to meet the conditions for TPS designation, the
designation will be extended for an additional period of 6 months or,
in the Secretary's discretion, 12 or 18 months. See INA sec.
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
What is the Secretary's authority to redesignate Yemen for TPS?
In addition to extending an existing TPS designation, the
Secretary, after consultation with appropriate Government agencies, may
redesignate a country (or part thereof) for TPS. See INA sec.
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA sec. 244(c)(1)(A)(i), 8
U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been
continuously physically present 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 Yemen 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 INA sec. 244(c)(1)(A)(ii), 8
U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the
``continuous residence'' date for applicants for TPS under the
redesignation of Yemen shall be December 29, 2022. Initial applicants
for TPS under this redesignation must also show they have been
``continuously physically present'' in the United States since March 4,
2023, which is the
[[Page 97]]
effective date of the Secretary's redesignation, of Yemen. See INA sec.
244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i). For each initial TPS
application filed under the redesignation, the final determination of
whether the applicant has met the ``continuous physical presence''
requirement cannot be made until March 4, 2023, the effective date of
this redesignation for Yemen. However, during the registration period
and upon filing of the initial TPS application, USCIS will issue
employment authorization documentation if the TPS applicant established
prima facie eligibility for TPS. See 8 CFR 244.5(b).
Why is the Secretary extending the TPS designation for Yemen and
simultaneously redesignating Yemen for TPS through September 3, 2024?
DHS has reviewed country conditions in Yemen. Based on the review,
including input received from DOS and other U.S. Government agencies,
the Secretary has determined that an 18-month extension is warranted
because the ongoing armed conflict and extraordinary and temporary
conditions supporting Yemen's TPS designation remain. The Secretary has
further determined that redesignating Yemen for TPS under INA sec.
244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) and INA sec. 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C) is warranted. The Secretary is accordingly
updating the ``continuous residence'' and ``continuous physical
presence'' dates that applicants must meet to be eligible for TPS.
The ongoing armed conflict has deepened Yemen's difficult economic
and humanitarian situation. It has directly affected the physical
security of the civilian population, including from attacks involving
artillery, missiles, mortars, rockets, and landmines.\6\ Over 4 million
people have been internally displaced within Yemen, 286,000 of them in
2021 alone; \7\ children account for half of the IDP population,
approximately 2 million.\8\ Terrorist organizations operating inside of
Yemen also pose a danger to civilians.\9\
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\6\ World Report 2022--Yemen Events of 2021, Human Rights Watch
World Report, available at: <a href="https://www.hrw.org/world-report/2022/country-chapters/yemen?gclid=EAIaIQobChMIo86n6cvx-QIVL3FvBB3bpQduEAAYASAAEgI9C_D_BwE">https://www.hrw.org/world-report/2022/country-chapters/yemen?gclid=EAIaIQobChMIo86n6cvx-QIVL3FvBB3bpQduEAAYASAAEgI9C_D_BwE</a> (last visited Oct. 21, 2022).
\7\ Yemen Fact Sheet, United Nations High Commissioner for
Refugees (UNHCR), June 2022, available at: <a href="https://reporting.unhcr.org/document/3030">https://reporting.unhcr.org/document/3030</a> (last visited Oct. 21, 2022).
\8\ UNICEF Yemen Humanitarian Situation Report: January--
December 2021, Reliefweb, Mar. 16, 2022, available at: <a href="https://reliefweb.int/report/yemen/unicef-yemen-humanitarian-situation-report-january-december-2021-enar">https://reliefweb.int/report/yemen/unicef-yemen-humanitarian-situation-report-january-december-2021-enar</a> (last visited Oct. 21, 2022).
\9\ Yemen's Tragedy: War, Stalemate, and Suffering, Council on
Foreign Relations, Oct. 21, 2022, available at: <a href="https://www.cfr.org/backgrounder/yemen-crisis">https://www.cfr.org/backgrounder/yemen-crisis</a> (last visited Dec. 6, 2022).
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The protracted conflict had carried on for years until a truce
backed by the United Nations (UN) came into effect on April 2,
2022.\10\ During the truce period, armed confrontation decreased;
however, the risk to civilians, particularly from unexploded ordinance,
remained significant.\11\ Between April and September 2022, the Armed
Conflict Location & Event Data Project (ACLED) recorded an average of
more than 200 reported deaths per month from organized political
violence across the country.\12\ Although much lower than what was
recorded before the truce, this number is still alarmingly high.\13\
The truce was extended twice, once effective June 2, 2022, and once
effective August 2, 2022,\14\ before ultimately expiring on October 2,
2022.\15\
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\10\ Yemen truce renewed for another two months, UN News, Aug.
2, 2022, available at: <a href="https://news.un.org/en/story/2022/08/1123832">https://news.un.org/en/story/2022/08/1123832</a>
(last visited Aug. 22, 2022).
\11\ Save the Children, Yemen: Explosive remnants of war the
biggest killer of children since truce began, June 30, 2022,
available at: <a href="https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began">https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began</a> (last visited Oct.
25, 2022).
\12\ Violence in Yemen During the UN-Mediated Truce: April-
October 2022, Armed Conflict Location & Event Data Project (ACLED),
Oct. 14, 2022, available at: <a href="https://acleddata.com/2022/10/14/violence-in-yemen-during-the-un-mediated-truce-april-october-2022/">https://acleddata.com/2022/10/14/violence-in-yemen-during-the-un-mediated-truce-april-october-2022/</a>
(last visited Oct. 25, 2022).
\13\ Id.
\14\ Yemen truce renewed for another two months, UN News, Aug.
2, 2022, Available at: <a href="https://news.un.org/en/story/2022/08/1123832">https://news.un.org/en/story/2022/08/1123832</a>
(last visited Oct. 7, 2022).
\15\ Department of State, Press Release, UN Truce Expiration in
Yemen, Oct. 3, 2022, available at: <a href="https://www.state.gov/un-truce-expiration-in-yemen/">https://www.state.gov/un-truce-expiration-in-yemen/</a> (last visited Oct. 7, 2022).
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Notably, the truce did not reduce the need for humanitarian aid
across Yemen. The UN reports that 24.1 million people (approximately 80
percent of the population) are in need of humanitarian assistance as a
result of armed conflict.\16\ The conflict continues to cause high
levels of food insecurity, limited access to water and medical
care,\17\ and the large-scale destruction of Yemen's infrastructure and
cultural heritage.\18\
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\16\ The United Nations in Yemen, available at: <a href="https://yemen.un.org/en/about/about-the-un">https://yemen.un.org/en/about/about-the-un</a> (last visited Aug. 31, 2022).
\17\ Yemen's Tragedy: War, Stalemate, and Suffering, Council on
Foreign Relations, Aug. 22, 2022, available at: <a href="https://www.cfr.org/backgrounder/yemen-crisis">https://www.cfr.org/backgrounder/yemen-crisis</a> (last visited Aug. 31, 2022).
\18\ Heritage at Risk in Yemen, UNESCO, available at: <a href="https://en.unesco.org/galleries/heritage-risk-yemen">https://en.unesco.org/galleries/heritage-risk-yemen</a> (last visited Aug. 31,
2022).
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The six months of the truce did have a positive impact on the
safety and security of most civilians, with the number of civilian
deaths declining by 60 percent and displacement decreasing by nearly 50
percent.\19\ However, political violence continued even during the
truce.\20\ The April 2022 truce terms included ``a halt to all
offensive . . . military operations, inside and outside of Yemen'' \21\
but there were 2,977 reported violations of the truce and 504 reported
fatalities from truce violation events.\22\ These reported violations
included 2,208 shelling/artillery/missile attacks, 374 air/drone
strikes, 369 armed clashes, and 26 disrupted weapons use.\23\
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\19\ End of Yemen's truce leaves civilians afraid dark days are
back, Al-Jazeera, Oct. 7, 2022, available at: <a href="https://www.aljazeera.com/news/2022/10/7/end-yemen-truce-leaves-civilians-afraid-dark-days-back">https://www.aljazeera.com/news/2022/10/7/end-yemen-truce-leaves-civilians-afraid-dark-days-back</a> (last visited Oct. 7, 2022).
\20\ Violence in Yemen During the UN-Mediated Truce: April-
October 2022, ACLED, Oct. 14, 2022, available at: <a href="https://acleddata.com/2022/10/14/violence-in-yemen-during-the-un-mediated-truce-april-october-2022/">https://acleddata.com/2022/10/14/violence-in-yemen-during-the-un-mediated-truce-april-october-2022/</a> (last visited Oct. 25, 2022).
\21\ Yemen Truce Monitor, ACLED, available at: <a href="https://acleddata.com/middle-east/yemen/yemen-truce-monitor/">https://acleddata.com/middle-east/yemen/yemen-truce-monitor/</a> (last visited
Oct. 19, 2022).
\22\ Id.
\23\ Id.
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Even prior to the expiration of the truce on October 2, 2022,
Explosive Remnants of War (ERWs), which consist of Unexploded
Ordinances (UXOs), Improvised Explosive Devices (IEDs) and landmines,
remained a significant threat to civilians in Yemen.\24\ Despite the
truce, July 2022 was the deadliest month due to ERWs in over two
years.\25\ Since April 2, 2022, ERWs have been the ``biggest killers of
children in Yemen'' \26\ as a ``result of families moving to previously
inaccessible areas following the decrease in hostilities.'' \27\
According to Save the Children,
[[Page 98]]
landmines and unexploded munition were responsible for over 75 percent
of all war-related casualties among children.\28\ DOS estimates that as
of April 2021, ``Houthi forces (have) laid over one million landmines
and IEDs across the country.'' \29\ According to a 2018 United Nations
experts report, those mines ``represent a hazard for commercial
shipping and sea lines of communication that could remain for as long
as six to 10 years.'' \30\ Landmines and other explosive hazards have
continued to be the main cause of civilian casualties.\31\
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\24\ Yemen: Explosive remnants of war the biggest killer of
children since truce began, Save the Children, June 30, 2022,
available at: <a href="https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began">https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began</a> (last visited Aug.
31, 2022).
\25\ Thematic Report: A review of how flooding can exacerbate
civilian vulnerabilities to the ERW threat in Yemen, Civilian Impact
Monitoring Center, Aug. 2022, available at: <a href="https://civilianimpactmonitoring.org/onewebmedia/20220826_CIMP%20Thematic%2008_Flooding%20and%20ERW.pdf">https://civilianimpactmonitoring.org/onewebmedia/20220826_CIMP%20Thematic%2008_Flooding%20and%20ERW.pdf</a> (last visited
Aug. 31, 2022).
\26\ Yemen: Explosive remnants of war the biggest killer of
children since truce began, Save the Children, June 30, 2022,
available at: <a href="https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began">https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began</a> (last visited Aug.
31, 2022).
\27\ Id.
\28\ Id.
\29\ Daniel Gurley, Small Steps Have a Big Impact for Yemeni
Civilians, DOS Dipnote: Military and Security, Apr. 6, 2021,
available at: <a href="https://www.state.gov/dipnote-u-s-department-of-state-official-blog/small-steps-have-a-big-impact-for-yemeni-civilians/">https://www.state.gov/dipnote-u-s-department-of-state-official-blog/small-steps-have-a-big-impact-for-yemeni-civilians/</a>
(last visited Sept. 6, 2022).
\30\ Land mines will be hidden killer in Yemen decades after
war, AP, Dec. 24, 2018, available at: <a href="https://www.apnews.com/bce0a80324d040f09843ceb3e4e45c1e">https://www.apnews.com/bce0a80324d040f09843ceb3e4e45c1e</a> (last visited Sept. 6, 2022).
\31\ UN chief urges Yemen's warring parties to extend truce, AP,
Oct. 13, 2022, available at: <a href="https://apnews.com/article/middle-east-united-nations-abu-dhabi-yemen-civil-wars-abde5c3c4247328a8d38f6d65ad85231">https://apnews.com/article/middle-east-united-nations-abu-dhabi-yemen-civil-wars-abde5c3c4247328a8d38f6d65ad85231</a> (last visited Nov. 17, 2022).
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The UN considers the humanitarian crisis in Yemen to be the largest
in the world.\32\ As of April 2022, ``19.7 million people lack access
to basic health services. Only 51 percent of the health facilities in
Yemen are fully functioning and of those, most lack operational
specialists, equipment, and basic medicines.'' \33\ As of September
2021, ``over 80% of the population face[d] significant challenges in
reaching food, drinking water and access to health care services.
Shortages of human resources, equipment, and supplies are severely
hindering healthcare provision.'' \34\ The lack of specialists has been
an increasing problem; as of March 2022, fewer than 2,000 medical
specialists were left in all of Yemen.\35\ Healthcare for mothers and
their babies in Yemen is categorized by the UN as ``highly
vulnerable;'' according to the World Bank, approximately one woman and
six newborns in Yemen die every two hours due to complications during
pregnancy or childbirth.\36\
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\32\ The United Nations in Yemen, available at: <a href="https://yemen.un.org/en/about/about-the-un">https://yemen.un.org/en/about/about-the-un</a> (last visited Aug. 31, 2022).
\33\ Yemen Health Factsheet, USAID, Apr. 25, 2022, available at:
<a href="https://www.usaid.gov/yemen/fact-sheets/health-fact-sheet">https://www.usaid.gov/yemen/fact-sheets/health-fact-sheet</a> (last
visited Oct. 21, 2022).
\34\ Health Care Sector in Yemen--Policy Note, World Bank, Sept.
14, 2021, available at <a href="https://www.worldbank.org/en/country/yemen/publication/health-sector-in-yemen-policy-note">https://www.worldbank.org/en/country/yemen/publication/health-sector-in-yemen-policy-note</a> (last visited Sept.
1, 2022).
\35\ Yemen's hospitals in crisis as doctors flee country, Middle
East Eye, Mar. 29, 2022, available at: <a href="https://www.middleeasteye.net/news/yemens-hospitals-crisis-doctors-flee-country">https://www.middleeasteye.net/news/yemens-hospitals-crisis-doctors-flee-country</a> (last visited Sept. 1, 2022).
\36\ Health Care Sector in Yemen--Policy Note, World Bank, Sept.
14, 2021, available at <a href="https://www.worldbank.org/en/country/yemen/publication/health-sector-in-yemen-policy-note">https://www.worldbank.org/en/country/yemen/publication/health-sector-in-yemen-policy-note</a> (last visited Sept.
1, 2022).
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Historically, Yemen has relied on imported foodstuffs.\37\ Yemen
imports 90 percent of its basic food needs.\38\ The World Food
Programme (WFP) estimated that 19 million Yemenis (or more than 60
percent of the population) would be food insecure over the second half
of 2022,\39\ and 1.6 million people in Yemen ``[were] expected to fall
into emergency levels of hunger, taking the total to 7.3 million people
by the end of the year.'' \40\ Currently, 2.2 million children
(approximately half of Yemeni children under age five) are under threat
of acute malnutrition.\41\ The United Nations High Commissioner for
Refugees (UNHCR) has stated that Yemen is on the brink of famine, and
IDPs are ``four times more likely to go hungry than the rest of the
population.'' \42\
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\37\ Missiles and Food: Yemen's man-made food security crisis,
Oxfam, Dec. 2017, available at: <a href="https://reliefweb.int/sites/reliefweb.int/files/resources/bn-missiles-food-security-yemen-201217-en.pdf">https://reliefweb.int/sites/reliefweb.int/files/resources/bn-missiles-food-security-yemen-201217-en.pdf</a> (last visited Sept. 6, 2022).
\38\ Democratizing Development in Yemen: Beyond Food Aid, Wilson
Center, Aug. 8, 2022, available at: <a href="https://www.wilsoncenter.org/article/democratizing-development-yemen-beyond-food-aid">https://www.wilsoncenter.org/article/democratizing-development-yemen-beyond-food-aid</a> (last
visited Nov. 17, 2022).
\39\ Yemen--World Food Programme, June 2022, available at:
<a href="https://docs.wfp.org/api/documents/WFP-0000141295/download/">https://docs.wfp.org/api/documents/WFP-0000141295/download/</a> (last
visited Oct. 21, 2022).
\40\ Brutal War on Yemen: Dire Hunger Crisis Teetering on the
Edge of Catastrophe, IPS, Mar. 18, 2022, available at: <a href="https://www.ipsnews.net/2022/03/brutal-war-yemen-dire-hunger-crisis-teetering-edge-catastrophe/?utm_source=rss&utm_medium=rss&utm_campaign=brutal-war-yemen-dire-hunger-crisis-teetering-edge-catastrophe">https://www.ipsnews.net/2022/03/brutal-war-yemen-dire-hunger-crisis-teetering-edge-catastrophe/?utm_source=rss&utm_medium=rss&utm_campaign=brutal-war-yemen-dire-hunger-crisis-teetering-edge-catastrophe</a> (last visited Oct. 21,
2022).
\41\ Yemen--World Food Programme, June 2022, available at:
<a href="https://docs.wfp.org/api/documents/WFP-0000141295/download/">https://docs.wfp.org/api/documents/WFP-0000141295/download/</a> (last
visited Sept. 2, 2022).
\42\ Get to know Fattoum, a displaced Yemeni mother who
struggles to take care of her orphaned children, UNHCR, Apr. 22,
2022, available at: <a href="https://zakat.unhcr.org/blog/en/beneficiaries/fattoum">https://zakat.unhcr.org/blog/en/beneficiaries/fattoum</a> (last visited Oct. 21, 2022).
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The World Bank reported that as of April 14, 2022, ``[e]conomic
conditions continue to deteriorate, and the acute humanitarian crisis
persists.'' \43\ Official statistics about the status of Yemen's
economy are scarce, and there is limited reliable economic
information.\44\ Available data indicates an economy that continues to
weaken.\45\ The ongoing armed conflict has damaged civilian
infrastructure, including houses, hospitals, agricultural
infrastructure, energy infrastructure, roads, bridges and water
systems.\46\ Yemen is highly dependent on imports,\47\ and the conflict
in Ukraine has negatively impacted the ability of Yemenis to import key
commodities.\48\
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\43\ Republic of Yemen, World Bank Economic Update, Apr. 14,
2022, available at: <a href="https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf">https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf</a> (last visited Sept. 1, 2022).
\44\ Id.
\45\ Id.
\46\ Saudi-led attacks devastated Yemen's civilian
infrastructure, dramatically worsening the humanitarian crisis, The
Washington Post, Feb. 22, 2021, available at: <a href="https://www.washingtonpost.com/politics/2021/02/22/saudi-led-attacks-devastated-yemens-civilian-infrastructure-dramatically-worsening-humanitarian-crisis/">https://www.washingtonpost.com/politics/2021/02/22/saudi-led-attacks-devastated-yemens-civilian-infrastructure-dramatically-worsening-humanitarian-crisis/</a> (last visited Sept. 6, 2022).
\47\ Yemen: Civil War and Regional Intervention, Congressional
Research Service, Sept. 17, 2019, available at: <a href="https://fas.org/sgp/crs/mideast/R43960.pdf">https://fas.org/sgp/crs/mideast/R43960.pdf</a> (last visited Sept. 6, 2022).
\48\ Republic of Yemen, World Bank Economic Update, Apr. 14,
2022, available at: <a href="https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf">https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf</a> (last visited Sept. 1, 2022).
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In summary, the ongoing armed conflict and stream of challenges
that flow from it have not been resolved. Civilians continue to be
killed and displacement is substantial and widespread. Deteriorating
humanitarian conditions and protracted internal conflict continue to
adversely affect Yemen's civilian population.
Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
<bullet> The conditions supporting Yemen's designation for TPS
continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
<bullet> There continues to be an ongoing armed conflict in Yemen
and, due to such conflict, requiring the return to Yemen of Yemeni
nationals (or individuals having no nationality who last habitually
resided in Yemen) would pose a serious threat to their personal safety.
See INA sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
<bullet> There continue to be extraordinary and temporary
conditions in Yemen that prevent Yemeni nationals (or individuals
having no nationality who last habitually resided in Yemen) from
returning to Yemen in safety, and it is not contrary to the national
interest of the United States to permit Yemeni TPS beneficiaries to
remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C).
<bullet> The designation of Yemen for TPS should be extended for an
18-month period, from March 4, 2023, through September 3, 2024. See INA
sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
<bullet> Due to the conditions described above, Yemen should be
simultaneously
[[Page 99]]
redesignated for TPS effective March 4, 2023, through September 3,
2024. See INA sec. 244(b)(1)(A) and (C) and (b)(2), 8 U.S.C.
1254a(b)(1)(A) and (C) and (b)(2).
<bullet> For the redesignation, the Secretary has determined that
TPS applicants must demonstrate that they have continuously resided in
the United States since December 29, 2022.
<bullet> Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since March 4, 2023, the effective date of the
redesignation of Yemen for TPS.
<bullet> It is estimated that approximately 1,200 individuals may
become newly eligible for TPS under the redesignation of Yemen. This
population includes Yemeni nationals who are in the United States in
nonimmigrant status or without immigration status.
Notice of the Designation of Yemen for TPS
By the authority vested in me as Secretary under INA sec. 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting Yemen's designation for TPS on the basis of ongoing armed
conflict and extraordinary and temporary conditions are met. See INA
sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) and INA sec. 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C). On the basis of this determination, I am
simultaneously extending the existing designation of Yemen for TPS for
18 months, from March 4, 2023, through September 3, 2024, and
redesignating Yemen for TPS for the same 18-month period. See INA sec.
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.
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 Yemen, 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 and
are eligible for an EAD which proves their employment authorization.
You are not required to submit Form I-765, Application for Employment
Authorization, or have an EAD, but see below for more information if
you want an EAD to use as proof that you can work in the United States.
Individuals who have a Yemen TPS application (Form I-821) that was
still pending as of January 3, 2023 do not need to file the application
again. If USCIS approves an individual's Form I-821, USCIS will grant
the individual TPS through September 3, 2024.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at <a href="https://www.uscis.gov/tps">https://www.uscis.gov/tps</a>. Fees
for the Form I-821, the Form I-765, and biometric services are also
described in 8 CFR 106.
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 to obtain an EAD, which proves their
legal right to work. Those who want to obtain an EAD must file a Form
I-765 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 Yemeni TPS-related Form I-765 that was still
pending as of January 3, 2023 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 September 3,
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 ends on September 3, 2024. Meanwhile, Form
I-765 EAD applications with fee payment may be filed at the same time
as your TPS application or at any later date you decide you want to
request an EAD during the designation period, which ends on September
3, 2024.
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 biometric services 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 sec. 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="https://www.uscis.gov/tps">https://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).
Filing Information
USCIS offers the option to applicants for TPS under Yemen'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 with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing online.\49\ To file these forms online, you
[[Page 100]]
must first create a USCIS online account.\50\
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\49\ 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>.
\50\ <a href="https://myaccount.uscis.gov/users/sign_up">https://myaccount.uscis.gov/users/sign_up</a>.
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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 and 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 Service USCIS, Attn: TPS Yemen, P.O.
(USPS). Box 6943, Chicago, IL 60680-
6943.
You are using FedEx, UPS, or DHL.......... USCIS, Attn: TPS Yemen (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, 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
(i.e., registering) for TPS on the USCIS website at <a href="https://www.uscis.gov/tps">https://www.uscis.gov/tps</a> under ``Yemen.''
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="https://www.uscis.gov/i-131">https://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):. 0867.
You must include a copy of the receipt
notice (Form I-797 or 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:. 400, Lewisville, TX 75067.
You must include a copy of the receipt
notice (Form I-797 or 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="https://www.uscis.gov/tps">https://www.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="https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms">https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms</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="https://www.uscis.gov/contactcenter">https://www.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="https://egov.uscis.gov/e-request/Intro.do">https://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 March 3, 2024, using this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have a Yemen TPS-based EAD that has the notation A-12 or C-19
under Category and a ``Card Expires'' date of March 3, 2023, or
September 3, 2021, this Federal Register notice automatically extends
your EAD through March 3, 2024. Although this Federal Register notice
automatically extends your EAD through March 3, 2024, you must timely
re-register 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
[[Page 101]]
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 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="https://www.uscis.gov/I-9Central">https://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 states A-12 or C-19 under
Category and has a ``Card Expires'' date of March 3, 2023 or September
3, 2021, 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 3, 2024, 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 Yemen 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 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 3, 2024, but you are not required to do
so. The last day of the automatic EAD extension is March 3, 2024.
Before you start work on March 4, 2024, 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 September 3, 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 Yemeni 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 Yemeni 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 March 4, 2024:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter March 3,
2024, 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 March 3, 2023
or September 3, 2021.
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write March 3, 2024 as the expiration date.
Before the start of work on March 4, 2024, employers must reverify
the employee's employment authorization on Form I-9.
What updates should my current employer make to Form I-9 if my EAD has
been automatically extended?
If you presented a TPS-related EAD that was valid when you first
started your job and USCIS has now automatically extended your EAD,
your employer may need to re-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 March 3, 2023 or
September 3, 2021. Your employer may not rely on the country of birth
listed on the card to determine whether you are eligible for this
extension.
If your employer determines that USCIS has automatically extended
your EAD, your employer should update Section 2 of your previously
completed Form I-9 as follows:
1. Write EAD EXT and March 3, 2024 as the last day of the automatic
extension in the Additional Information field; and
2. Initial and date the correction.
[[Page 102]]
Note: This is not considered a reverification. Employers do not
reverify the employee until either the automatic extension has ended,
or the employee presents a new document to show continued employment
authorization, whichever is sooner. By March 4, 2024, 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 March 3, 2024
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 4, 2024, 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#5e1773671d3b302a2c3f321e2b2d3d372d703a362d70393128"><span class="__cf_email__" data-cfemail="f6bfdbcfb593988284979ab68385959f85d8929e85d8919980">[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#8dc4c8dfcdf8fee9e2e7a3eae2fb"><span class="__cf_email__" data-cfemail="0b424e594b7e786f6461256c647d">[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#6e2743572d0b001a1c0f022e1b1d0d071d400a061d40090118"><span class="__cf_email__" data-cfemail="4f0662760c2a213b3d2e230f3a3c2c263c612b273c61282039">[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 (mismatch) must
promptly inform employees of the mismatch and give such employees an
opportunity to take action to resolve the mismatch. A mismatch means
that the information entered into E-Verify from Form I-9 differs from
records available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
mismatch while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result 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="https://www.justice.gov/crt/immigrant-and-employee-rights-section">https://www.justice.gov/crt/immigrant-and-employee-rights-section</a> and 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, if you present an automatically extended EAD
referenced in this Federal Register notice, you do not need to show any
other document, such as a Form I-797 or Form I-797C, Notice of Action
reflecting receipt of a Form I-765 EAD renewal application or this
Federal Register notice, to prove that you qualify for this extension.
While Federal Government agencies must follow the guidelines laid out
by the Federal Government, State and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, State, or local government benefit, you may need to provide
the government agency with documents that show you are a TPS
beneficiary, show you are authorized to work based on TPS or other
status, or that may be used by DHS to determine if you have TPS or
another immigration status. Examples of such documents are:
<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 Yemen;
<bullet> Your Form I-94, Arrival/Departure Record;
<bullet> Your Form I-797C, Notice of Action, reflecting approval of
your Form I-765; or
<bullet> Form I-797 or Form I-797C, Notice of Action, reflecting
approval or receipt of a past or current Form I-821.
Check with the government agency requesting documentation regarding
which document(s) the agency will accept. Some state and local
government agencies use the SAVE program to confirm the current
immigration status of applicants for public benefits.
While SAVE can verify that an individual has TPS, each agency's
procedures govern whether they will accept an unexpired EAD, Form I-
797, Form I-797C, or Form I-94, Arrival/Departure Record. If an agency
accepts the type of TPS-related document you present, such as an EAD,
the agency
[[Page 103]]
should accept your automatically extended EAD, regardless of the
country of birth listed on the EAD. It may assist the agency if you:
a. Give the agency a copy of the relevant Federal Register notice
showing the extension of TPS-related documentation in addition to your
recent TPS-related document with your A-number, USCIS number or Form I-
94 number;
b. Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
c. Ask the agency to initiate a SAVE query with your information
and follow through with additional verification steps, if necessary, to
get a final SAVE response verifying your TPS.
You can also ask the agency to look for SAVE notices or contact
SAVE if they have any questions about your immigration status or
automatic extension of TPS-related documentation. In most cases, SAVE
provides an automated electronic response to benefit-granting agencies
within seconds, but occasionally verification can be delayed.
You can check the status of your SAVE verification by using
CaseCheck at <a href="https://save.uscis.gov/casecheck/">https://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="https://www.uscis.gov/save">https://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. 2022-28283 Filed 12-30-22; 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.