Notice2023-01586
Extension and Redesignation of Haiti 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 26, 2023
Effective
February 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 Haiti for Temporary Protected Status (TPS) for 18 months, beginning on February 4, 2023, and ending on August 3, 2024. This extension allows existing TPS beneficiaries to retain TPS through August 3, 2024, so long as they continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through August 3, 2024, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Haiti for TPS. The redesignation of Haiti allows additional Haitian nationals (and individuals having no nationality who last habitually resided in Haiti) who have been continuously residing in the United States since November 6, 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 November 6, 2022, and meeting other eligibility criteria, applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since February 4, 2023, the effective date of this redesignation of Haiti for TPS.
Full Text
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<title>Federal Register, Volume 88 Issue 17 (Thursday, January 26, 2023)</title>
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[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5022-5032]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01586]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2737-22; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB70
Extension and Redesignation of Haiti 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 Haiti for Temporary Protected Status (TPS)
for 18 months, beginning on February 4, 2023, and ending on August 3,
2024. This extension allows existing TPS beneficiaries to retain TPS
through August 3, 2024, so long as they continue to meet the
eligibility requirements for TPS. Existing TPS beneficiaries who wish
to extend their status through August 3, 2024, must re-register during
the 60-day re-registration period described in this notice. The
Secretary is also redesignating Haiti for TPS. The redesignation of
Haiti allows additional Haitian nationals (and individuals having no
nationality who last habitually resided in Haiti) who have been
continuously residing in the United States since November 6, 2022, to
apply for TPS for the first time during the initial registration period
described under the redesignation information in
[[Page 5023]]
this notice. In addition to demonstrating continuous residence in the
United States since November 6, 2022, and meeting other eligibility
criteria, applicants for TPS under this designation must demonstrate
that they have been continuously physically present in the United
States since February 4, 2023, the effective date of this redesignation
of Haiti for TPS.
DATES:
Extension of Designation of Haiti for TPS: The 18-month extension
of Haiti's designation for TPS begins on February 4, 2023, and will
remain in effect for 18 months, ending on August 3, 2024. The extension
impacts existing beneficiaries of TPS.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from January 26, 2023 through March 27, 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 re-registration
could result in gaps in their employment authorization documentation.)
\1\
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\1\ Individuals with TPS who were granted under the 2011
designation of Haiti and who are covered under the preliminary
injunction that requires DHS to continue their TPS and TPS-related
documents, unless their TPS has been withdrawn for individual
ineligibility, retain their TPS and their documents remain valid
through June 30, 2024 in accordance with the Federal Register notice
published at 87 FR 68717 (Nov. 16, 2022) or any superseding such
litigation-related notice that DHS may issue. See Ramos, et al. v.
Nielsen, et al., 321 F.Supp.3d 1083 (N.D. Cal. Oct. 3, 2018)
(``Ramos''), vacated Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020),
petition for en banc rehearing filed Nov. 30, 2020 (No. 18-16981).
However, such individuals may re-register under this notice, which
will help ensure that their TPS continues (if they remain eligible)
as long as Haiti's designation exists even if the Ramos injunction
ceases.
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Redesignation of Haiti for TPS: The 18-month redesignation of Haiti
for TPS begins on February 4, 2023, and will remain in effect for 18
months, ending on August 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 Haiti TPS redesignation begins on January 26, 2023
and will remain in effect through August 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 Haiti's TPS designation by selecting
``Haiti'' from the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit <a href="https://www.uscis.gov/tools">https://www.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="https://www.uscis.gov">https://www.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-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
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 Haiti (or individuals having no nationality who last
habitually resided in Haiti) to (1) re-register for TPS and apply for
renewal of their EADs with USCIS or (2) submit an initial registration
application under the redesignation and apply for an EAD.
Individuals who previously registered for TPS under the August 3,
2021 prior designation of Haiti and whose applications have been
granted must re-register properly within the 60-day re-registration
period in order to maintain TPS and avoid withdrawal of their TPS
following appropriate procedures. See 8 CFR 244.14. If your TPS is
currently continuing under the court order in Ramos, re-registering for
TPS under this Notice does not affect the continuation of your TPS
while the order remains in effect. However, if the court order is no
longer in effect, re-registering for TPS under this Federal Register
Notice will help ensure that you have TPS until the end of the
designation as long as you remain eligible.
For individuals who have already been granted TPS under Haiti's
August 3, 2021 designation or the July 23, 2011 designation and who
continue to have TPS, the 60-day re-registration period runs from
January 26, 2023 through March 27, 2023.
USCIS will issue new EADs with an August 3, 2024 expiration date to
eligible Haitian 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 August 3, 2021 TPS designation of Haiti
through February 3, 2024. Therefore, as proof of continued employment
authorization through February 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 February 3, 2023. 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.\2\
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\2\ Certain EADs and other TPS documents issued to individuals
covered by the Ramos injunction remain valid in accordance with that
court order. For details, please see 86 FR 50725 (Sept. 10, 2021).
If a superseding litigation-related notice is published that affects
individuals under Ramos, DHS will also notify the public on the
USCIS website.
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Individuals who have a Haiti TPS application (Form I-821) and/or
Application for Employment Authorization (Form I-765) that was still
pending as of January 26, 2023 do
[[Page 5024]]
not need to file either application again. If USCIS approves an
individual's Form I-821, USCIS will grant the individual TPS through
August 3, 2024. Similarly, if USCIS approves a pending TPS-related Form
I-765 filed in connection with a Form I-821, 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 26, 2023 through the full length of the
redesignation period ending August 3, 2024.\3\ In addition to
demonstrating continuous residence in the United States since November
6, 2022, and meeting other eligibility criteria, applicants for TPS
under this redesignation must demonstrate that they have been
continuously physically present in the United States since February 4,
2023,\4\ the effective date of this redesignation of Haiti, before
USCIS may grant them TPS. DHS estimates that approximately 105,000
individuals may become newly eligible for TPS under the redesignation
of Haiti.
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\3\ 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 a TPS initial
registration period that coincides with the full period of a Haiti's
redesignation.
\4\ 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 section 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 Immigration
and Nationality Act (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 DHS 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 Haiti designated for TPS?
Haiti was initially designated on the basis of extraordinary and
temporary conditions that prevented nationals of Haiti from returning
in safety. See Designation of Haiti for Temporary Protected Status, 75
FR 3476 (Jan. 21, 2010). Following the initial designation, TPS for
Haiti was extended and redesignated once from July 23, 2011, through
January 22, 2013, based on extraordinary and temporary conditions.\5\
Thereafter, TPS for Haiti was extended four times based on
extraordinary and temporary conditions: (1) from January 23, 2013,
through July 22, 2014; \6\ (2) from July 23, 2014, through January 22,
2016; \7\ (3) from January 23, 2016, through July 22, 2017; \8\ and (4)
from July 23, 2017, through January 22, 2018.\9\ Subsequently, the
Secretary announced the termination of the TPS designation of Haiti
effective July 22, 2019.\10\
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\5\ See Extension and Redesignation of Haiti for Temporary
Protected Status, 76 FR 29000 (May 19, 2011).
\6\ See Extension of the Designation of Haiti for Temporary
Protected Status, 77 FR 59943 (Oct. 1, 2012).
\7\ See Extension of the Designation of Haiti for Temporary
Protected Status, 79 FR 11808 (Mar. 3, 2014).
\8\ See Extension of the Designation of Haiti for Temporary
Protected Status, 80 FR 51582 (Aug. 25, 2015).
\9\ See Extension of the Designation of Haiti for Temporary
Protected Status, 82 FR 23830 (May 24, 2017).
\10\ See Termination of the Designation of Haiti for Temporary
Protected Status, 83 FR 2648 (Jan. 18, 2018).
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The termination of Haiti's 2011 TPS designation is being challenged
in several lawsuits, and court injunctions require DHS to continue TPS
for Haiti temporarily pending further court order.\11\ Secretary
Mayorkas newly designated Haiti on the basis of extraordinary and
temporary conditions effective August 3, 2021, through February 3,
2023.\12\
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\11\ See Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition
for en banc rehearing filed Nov. 30, 2020 (No. 18-16981) (district
court's preliminary injunction against termination of six countries'
TPS, including TPS for Haiti, remains in effect pending 9th Circuit
consideration of plaintiffs' request for en banc rehearing of
appellate panel decision to vacate the district court injunction);
Saget v. Trump, No. 1:18-cv-1599 (E.D.N.Y. 2019) (injunction issued,
but dismissed as moot, Oct. 15, 2021)); NAACP v. DHS, No. 18-cv-
00239 (D. Md.); and Centro Presente v. Trump, No. 18-cv-10340 (D.
Mass).
\12\ See Designation of Haiti for Temporary Protected Status, 86
FR 41863 (Aug. 3, 2021).
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What authority does the Secretary have to extend the designation of
Haiti 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.\13\ 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).\14\ 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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\13\ INA section 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, 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 section 244(b)(1).
\14\ 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
[[Page 5025]]
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 Haiti 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 section
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 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).\15\
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\15\ The extension and redesignation of TPS for Haiti 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 section 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 Haiti will be November 6, 2022. Initial applicants for
TPS under this redesignation must also show they have been
``continuously physically present'' in the United States since February
4, 2023, which is the effective date of the Secretary's redesignation
of Haiti. See INA section 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 February 4, 2023,
the effective date of this redesignation for Haiti. 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 Haiti and
simultaneously redesignating Haiti for TPS through August 3, 2024?
DHS has reviewed country conditions in Haiti. 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 Haiti's
TPS designation remain and that such extension is not contrary to the
national interest of the United States. The Secretary has further
determined that redesignating Haiti for TPS based on extraordinary and
temporary conditions under INA section 244(b)(3)(C), 8 U.S.C.
1254a(b)(1)(C) is warranted, including a determination that
redesignation is not contrary to the national interest of the United
States, and is changing the ``continuous residence'' and ``continuous
physical presence'' dates that applicants must meet to be eligible for
TPS.
Overview
DHS has conducted a thorough review of country conditions in Haiti.
Haiti is experiencing economic, security, political, and health crises
simultaneously. Haitian gangs are the primary source of violence and
instability in Haiti and pose an increasing threat as they expand their
influence and geographic presence over portions of metropolitan Port-
au-Prince.\16\ Haitian political and business elites have long
cultivated relationships with gang leaders to further their agendas and
destabilize Haiti.\17\ While elites often operationalize gangs, the
gangs typically function as mercenaries responsive to the highest
bidder.\18\ Moreover, some gangs earn sufficient funds from kidnapping
for ransom operations to function as independent criminal
organizations.\19\ At the same time, Haiti is confronting a
humanitarian crisis, with many citizens having limited access to
safety, healthcare, food, water, and economic opportunity. These
circumstances continue to make return to Haiti dangerous for Haitian
nationals living in the United States.
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\16\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political
Deadlock Persists, International Crisis Group (July 27, 2022),
<a href="https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists">https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists</a>.
\17\ Id.
\18\ D.C. Beer, Chapter 3 Haiti: The Gangs of Cit[eacute]
Soleil, PRISM: National Defense University, May 24, 2016, <a href="https://cco.ndu.edu/News/Article/780129/chapter-3-haiti-the-gangs-of-cit-soleil/">https://cco.ndu.edu/News/Article/780129/chapter-3-haiti-the-gangs-of-cit-soleil/</a>.
\19\ Jennifer Jelly and Tatiana Vasquez, The Rise of Kidnappings
for Ransom in Haiti, The Counterterrorism Group, Dec. 13, 2021,
<a href="https://www.counterterrorismgroup.com/post/the-rise-of-kidnappings-for-ransom-in-haiti">https://www.counterterrorismgroup.com/post/the-rise-of-kidnappings-for-ransom-in-haiti</a>.
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Political Situation
The Haitian parliament was dissolved in January 2020 as the
mandates of two thirds of Senate members and all Chamber of Deputies
members expired, and no new elections were held.\20\ On July 7, 2021,
President Jovenel Mo[iuml]se was assassinated in his private residence
in Port-au-Prince. Subsequently, Ariel Henry, whom Mo[iuml]se had
appointed prime minister days before the assassination, was installed
as head of a new government.\21\
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\20\ Freedom House, Freedom in the World 2022--Haiti (Feb. 28,
2022), <a href="https://freedomhouse.org/country/haiti/freedom-world/2022">https://freedomhouse.org/country/haiti/freedom-world/2022</a>.
\21\ Human Rights Watch, World Report 2022--Haiti (Jan. 13,
2022), <a href="https://www.hrw.org/world-report/2022/country-chapters/haiti">https://www.hrw.org/world-report/2022/country-chapters/haiti</a>.
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Since then, PM Henry and opposition groups have engaged in
intermittent negotiations about a political path towards elections. On
December 21, 2022, representatives of civil society, the private
sector, and political groups began signing a revised political
agreement known as the ``December Accord,'' which was supported by PM
Henry.\22\ Some opposition members, including many members of the
Citizen Conference for a Haitian Solution to the Crisis, also known as
Montana Group members, had not yet agreed to the accord as of January
4, 2023.\23\
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\22\ Haiti Libre, Haiti--FLASH: The PM signed a historic
consensus for an inclusive transition, Dec. 22, 2022, <a href="https://www.haitilibre.com/en/news-38427-haiti-flash-the-pm-signed-a-historic-consensus-for-an-inclusive-transition.html">https://www.haitilibre.com/en/news-38427-haiti-flash-the-pm-signed-a-historic-consensus-for-an-inclusive-transition.html</a>.
\23\ Juno7, Accord du 21 d[eacute]cembre 2022: les violons ne
s'accordant pas au sein de l'accord de Montana, Dec. 29, 2022,
<a href="https://www.juno7.ht/accord-du-21-decembre-2022-violons-laccord-de-montana/">https://www.juno7.ht/accord-du-21-decembre-2022-violons-laccord-de-montana/</a>.
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The Haitian government has long been accused of corruption and
ineptitude. Politicians and the business elite in Haiti have
historically relied on gangs to obtain and exert power, but the gangs
have grown more autonomous in recent years.\24\ An April 2021 report by
[[Page 5026]]
Harvard Law School's International Human Rights Clinic alleged that the
Mo[iuml]se government funneled money, weapons, uniforms, and vehicles
to gangs like the G9, in exchange for them repressing political
opponents, often brutally, and maintaining the peace in poorer
neighborhoods.\25\ A July 2022 International Crisis Group report stated
``collusion between state security forces and illegal armed groups has
flourished in the absence of political will to hold corrupt officers
accountable and because of efforts of those in power to deploy the
police (as well as gangs) to serve their personal interests.'' \26\
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\24\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political
Deadlock Persists, International Crisis Group (July 27, 2022),
<a href="https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists">https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists</a>.
\25\ Harvard Law School International Human Rights Clinic,
Killing with Impunity: State-Sanctioned Massacres in Haiti (April
2021), <a href="http://hrp.law.harvard.edu/wp-content/uploads/2021/04/Killing_With_Impunity-1.pdf">http://hrp.law.harvard.edu/wp-content/uploads/2021/04/Killing_With_Impunity-1.pdf</a>.
\26\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political
Deadlock Persists, International Crisis Group (July 27, 2022),
<a href="https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists">https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists</a>.
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Security Situation
Since President Mo[iuml]se's assassination, Haiti has experienced a
sharp deterioration in an already fragile security situation. Gang
violence and kidnappings have spiked throughout the country,
particularly in the capital, Port-au-Prince. The United Nations
documented 934 killings, 684 injuries, and 680 kidnappings in Port-au-
Prince from January to June 2022.\27\ In one 10-day period in July
2022, more than 200 people were killed in gang violence in Port-au-
Prince; nearly half of the decedents had no gang ties.\28\ Human rights
organizations have said there were more than 1,200 kidnappings in 2021,
almost twice the number reported in 2020 and five times more than in
2019.\29\
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\27\ Haiti: UN sounds alarm over worsening gang violence across
Port-au-Prince, UN News, July 16, 2022, https://news.un.org/en/
story/2022/07/
1122662#:~:text=%E2%80%9CWe%20have%20so%20far%20documented,Soleil%20a
rea%20of%20the%20city.%E2%80%9D.
\28\ BBC News, Haiti Gang Violence: 209 killed in Cit[eacute]
Soleil in 10 days, July 26, 2022, <a href="https://www.bbc.com/news/world-latin-america-62292007">https://www.bbc.com/news/world-latin-america-62292007</a>.
\29\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political
Deadlock Persists, International Crisis Group (July 27, 2022),
<a href="https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists">https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists</a>.
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There are around 200 gangs across Haiti, 95 of which operate in
metropolitan Port-au-Prince. Many of Haiti's gangs have coalesced
around two main alliances: the G9 and the GP[egrave]p. A struggle for
dominance by various gangs has superseded the old local rivalries.
Gangs have decapitated opponents in public, burnt corpses in the
street, set fire to houses, and used sexual violence to intimidate
residents out of collaborating with their rivals.\30\ Clashes between
rival gangs led to particularly high levels of gang violence in April
and May 2022, leading to the temporary closure of dozens of schools,
medical centers, businesses, and markets, making it difficult for
people to find basic products including food, water, and medicines.\31\
In May 2022, UN High Commissioner for Human Rights Michelle Bachelet
described armed violence in Haiti as ``unimaginable and intolerable''
and stated that ``violence has had a severe impact on the most basic
human rights of people.'' \32\ Also in May, Doctors Without Borders
warned that kidnappings for ransom that target many residents of Port-
au-Prince, including medical personnel, were making it increasingly
difficult for the population to access healthcare.\33\ Gangs in Port-
au-Prince targeted homeless and at-risk teens as participants in gang
violence.\34\ In July 2022, the UN Office for the Coordination of
Humanitarian Affairs (UNOCHA) estimated that more than a third of Port-
au-Prince was under the control of gangs.\35\
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\30\ Id.
\31\ Office of the High Commissioner for Human Rights, Press
Release: Haiti: Bachelet deeply disturbed by human rights impact of
deteriorating security situation in Port-au-Prince (May 17, 2022),
<a href="https://www.ohchr.org/en/press-releases/2022/05/haiti-bachelet-deeply-disturbed-human-rights-impact-deteriorating-security">https://www.ohchr.org/en/press-releases/2022/05/haiti-bachelet-deeply-disturbed-human-rights-impact-deteriorating-security</a>.
\32\ Id.
\33\ Doctors Without Borders, Haiti: Attacks on medical staff
leave many people without health care (May 22, 2022), <a href="https://www.doctorswithoutborders.org/latest/haiti-attacks-medical-staff-leave-many-people-without-health-care">https://www.doctorswithoutborders.org/latest/haiti-attacks-medical-staff-leave-many-people-without-health-care</a>.
\34\ InSight Crime, Haiti Gangs Recruiting, Arming More Children
(June 3, 2022), <a href="https://insightcrime.org/news/haiti-gangs-recruiting-arming-more-children/">https://insightcrime.org/news/haiti-gangs-recruiting-arming-more-children/</a>.
\35\ UNOCHA, Haiti: Impact of the deteriorating security
situation on humanitarian access: Background note--8 July 2022 (July
9, 2022), <a href="https://reliefweb.int/report/haiti/haiti-impact-deteriorating-security-situation-humanitarian-access-background-note-8-july-2022">https://reliefweb.int/report/haiti/haiti-impact-deteriorating-security-situation-humanitarian-access-background-note-8-july-2022</a>.
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Haitian gangs have also attacked religious and government
infrastructure. On June 10, 2022, a gang known as 5 Seconds took
temporary control of the Court of First Instance, the main courthouse
in Port au Prince. While the courthouse had not been used for criminal
trials for several years due to persistent insecurity, the gang
nevertheless forced judicial officials out and stole computers, desks,
and other assets. The gang appears to have stolen or destroyed case
files and evidence that the president of the Association of Haitian
Magistrates said would be impossible to recover as Haitian courts do
not have digital copies of files.\36\ On July 27, 2022, gang members
set Port-au-Prince's transitional cathedral on fire and deployed tear
gas during a clash in Bel Air neighborhood, in which several people
were killed and others injured by stray bullets. Local sources
denounced the use of state-owned machinery by the G9 as well as a lack
of action by state forces. In Ouest department, the region in which
Port-au-Prince is located, members of the 400 Mawozo gang set a public
prosecutor's office on fire in Croix-de-Bouquets district near the
capital on the night of July 25, 2022.\37\
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\36\ HRW, Haiti: Wave of Violence Deepens Crisis (July 22,
2022), <a href="https://reliefweb.int/report/haiti/haiti-wave-violence-deepens-crisis">https://reliefweb.int/report/haiti/haiti-wave-violence-deepens-crisis</a>.
\37\ ACLED, ACLED Regional Overview--Mexico, Central America,
and the Caribbean (23-29 July 2022) (July 29, 2022), <a href="https://reliefweb.int/report/haiti/acled-regional-overview-mexico-central-america-and-caribbean-23-29-july-2022">https://reliefweb.int/report/haiti/acled-regional-overview-mexico-central-america-and-caribbean-23-29-july-2022</a>.
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In mid-September, gangs blocked access to the Varreux Terminal in
Port-au-Prince, the main entry point for fuel in Haiti, cutting off
millions of gallons of diesel and gasoline and causing a severe fuel
shortage.\38\ The fuel blockage paralyzed Haiti's economy.\39\ Health
centers and hospitals had to close, and the distribution of water was
interrupted.\40\ The lack of access to clean water contributed to the
outbreak of cholera in early October, and complicated efforts to
respond to and contain the outbreak.\41\ On October 7, the government
of Haiti requested assistance from the international community to
confront gangs and address the humanitarian crisis.\42\ In an October
12, 2022 Press Statement, U.S. Secretary of State Antony Blinken
emphasized the critical nature of the humanitarian situation in Haiti,
noting that the United States is committed to continuing to help Haiti
address the crisis through multiple avenues.\43\ On
[[Page 5027]]
October 15, the U.S. and Canada delivered Haitian National Police-
purchased armored vehicles and other law enforcement equipment to
assist in re-taking the terminal.\44\ A Haitian National Police
operation in early November successfully re-gained control of the fuel
terminal.\45\ The relatively small size of the Haitian National Police
remains concerning. Out of 14,161 officers, approximately 13,000
officers are assigned to law enforcement activities.\46\ Haiti has just
over one police officer assigned to law enforcement activities per
1,000 inhabitants, well below the 2.2 officers per 1,000 recommended by
the United Nations.\47\
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\38\ PBS NewsHour, Haiti reaches a breaking point as the economy
tanks and violence soars (Oct. 4, 2022), <a href="https://www.pbs.org/newshour/world/haiti-reaches-a-breaking-point-as-the-economy-tanks-and-violence-soars">https://www.pbs.org/newshour/world/haiti-reaches-a-breaking-point-as-the-economy-tanks-and-violence-soars</a>.
\39\ Brian Ellsworth and Harold Isaac, UN calls for
`humanitarian corridor' in Haiti as gang blockade drags on, Reuters,
Oct. 6, 2022, <a href="https://www.reuters.com/world/americas/un-calls-humanitarian-corridor-haiti-gang-blockade-drags-2022-10-06/">https://www.reuters.com/world/americas/un-calls-humanitarian-corridor-haiti-gang-blockade-drags-2022-10-06/</a>.
\40\ UN News, Haiti: Fuel crisis prompts appeal for humanitarian
corridor amid cholera outbreak, Oct. 6, 2022, <a href="https://news.un.org/en/story/2022/10/1129317">https://news.un.org/en/story/2022/10/1129317</a>.
\41\ Id.
\42\ Reuters, Haiti's situation is dire and cannot persist,
State Department says, Oct. 11, 2022, <a href="https://www.reuters.com/world/americas/haitis-situation-is-dire-cannot-persist-state-department-says-2022-10-11/">https://www.reuters.com/world/americas/haitis-situation-is-dire-cannot-persist-state-department-says-2022-10-11/</a>.
\43\ U.S. Department of State, Press Statement, Steps to Address
the Humanitarian and Security Situation in Haiti, Oct. 12, 2022,
<a href="https://www.state.gov/steps-to-address-the-humanitarian-and-security-situation-in-haiti/">https://www.state.gov/steps-to-address-the-humanitarian-and-security-situation-in-haiti/</a>.
\44\ Reuters, U.S., Canada deliver armored vehicles to Haitian
police to fight gangs, Oct. 15, 2022, <a href="https://www.reuters.com/world/americas/us-canada-deliver-armored-vehicles-haitian-police-2022-10-15/">https://www.reuters.com/world/americas/us-canada-deliver-armored-vehicles-haitian-police-2022-10-15/</a>.
\45\ Reuters, Haitians hope for fuel supplies after police break
up gang blockade at terminal, Nov. 5, 2022, <a href="https://www.reuters.com/world/americas/haitians-hope-fuel-supplies-after-police-break-up-gang-blockade-terminal-2022-11-05/">https://www.reuters.com/world/americas/haitians-hope-fuel-supplies-after-police-break-up-gang-blockade-terminal-2022-11-05/</a>.
\46\ United National Security Council, Letter dated 8 October
2022 from the Secretary-General addresses to the President of the
Security Council, Oct. 10, 2022, <a href="https://digitallibrary.un.org/record/3990649?ln=en">https://digitallibrary.un.org/record/3990649?ln=en</a>.
\47\ Id.
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Environmental Situation
Several recent environmental disasters have contributed to the
extraordinary and temporary conditions in Haiti. On August 14, 2021, a
7.2 magnitude earthquake hit the southern region of Haiti, killing more
than 2,200 people, injuring 12,700, destroying 130,000 homes, and
leaving thousands of people in urgent need of assistance.\48\ Two days
later, Tropical Storm Grace's torrential rains caused floods and
landslides in the same departments affected by the earthquake, as well
as in Sud-Est.\49\ According to the 2021 Global Climate Risk Index,
Haiti was third among the countries most affected by extreme weather
events between 2000 and 2019 and continues to remain vulnerable.\50\
Widespread deforestation has left the country especially prone to
flooding and mudslides, which strike Haiti at twice the rate as the
Dominican Republic.\51\
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\48\ UNICEF, Massive earthquake leaves devastation in Haiti
(last updated Oct. 4, 2021), <a href="https://www.unicef.org/emergencies/massive-earthquake-devastation-haiti">https://www.unicef.org/emergencies/massive-earthquake-devastation-haiti</a>.
\49\ FAO, Haiti: Urgent call for funding (September 2021-May
2022)--Emergency response to households affected by the earthquake
and Tropical Storm Grace (Sept. 10, 2021), <a href="https://reliefweb.int/report/haiti/haiti-urgent-call-funding-september-2021-may-2022-emergency-response-households">https://reliefweb.int/report/haiti/haiti-urgent-call-funding-september-2021-may-2022-emergency-response-households</a>.
\50\ Germanwatch, Global Climate Risk Index 2021 (Jan. 25,
2021), <a href="https://reliefweb.int/report/world/global-climate-risk-index-2021">https://reliefweb.int/report/world/global-climate-risk-index-2021</a>.
\51\ Council on Foreign Relations, Haiti's Troubled Path to
Development (Sept. 17, 2021), <a href="https://www.cfr.org/backgrounder/haitis-troubled-path-development">https://www.cfr.org/backgrounder/haitis-troubled-path-development</a>.
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Humanitarian Situation
Haiti has one of the highest levels of chronic food insecurity in
the world with more than half of its total population chronically food
insecure and 22% of children chronically malnourished, according to a
September 2022 report.\52\ As of October 2022, the total number of
people in acute food insecurity stood at 4.7 million people, including
1.8 million people in the ``emergency'' phase on the World Food
Program's (WFP) Integrated Food Security Classification Index.\53\ For
the first time ever, 19,000 Haitians are considered to be in the
``catastrophe'' phase (the most severe classification).\54\
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\52\ WFP, WFP Haiti Country Brief, September 2022 (Sept. 30,
2022), <a href="https://reliefweb.int/report/haiti/wfp-haiti-country-brief-september-2022">https://reliefweb.int/report/haiti/wfp-haiti-country-brief-september-2022</a>.
\53\ UN News, `Catastrophic' hunger recorded in Haiti for first
time, UN warns, Oct. 14, 2022, https://news.un.org/en/story/2022/10/
1129537#:~:text=According%20to%20the%20latest%20IPC,in%20Catastrophe%
20phase%2C%20phase%205.
\54\ Id.
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Armed clashes between gangs destroyed water networks and disrupted
water truck deliveries in several Port-au-Prince neighborhoods during
2022. A Doctors Without Borders project coordinator noted that in
addition to an epidemic of scabies directly connected to the lack of
water since the beginning of 2022, people could only ``afford small
quantities of drinking water, but they [couldn't] access clean water in
quantities needed for hygiene.'' \55\ Adding to the struggle Haitians
face to meet their basic needs, two WFP warehouses were looted and
pillaged in September 2022, resulting in the loss of approximately $6
million of relief assistance, including 2,000 tons of food.\56\
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\55\ Doctors Without Borders, Returning to Haiti means death
(Aug. 12, 2022), <a href="https://www.doctorswithoutborders.org/latest/returning-haiti-means-death">https://www.doctorswithoutborders.org/latest/returning-haiti-means-death</a>.
\56\ Reuters, Haiti looting caused loss of some $6 million in
relief supplies, WFP says, Sept. 26, 2022, <a href="https://www.reuters.com/world/haiti-looting-caused-loss-some-6-mln-relief-supplies-wfp-says-2022-09-26/">https://www.reuters.com/world/haiti-looting-caused-loss-some-6-mln-relief-supplies-wfp-says-2022-09-26/</a>.
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Haiti continues to face many health challenges. USAID's most recent
Strategic Framework report stated: ``health challenges for preventable
diseases worsened after the 2010 cholera epidemic and there has been
limited progress in improving health outcomes.'' \57\ As of August 1,
2022, 1.4% of the country's population was fully vaccinated against
COVID-19.\58\ Haiti ranks among the world's bottom 10 countries in
terms of COVID-19 vaccination coverage.\59\
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\57\ USAID, Haiti Strategic Framework December 23, 2020-December
23, 2022 (July 29, 2021), <a href="https://www.usaid.gov/sites/default/files/documents/Strategic_Framework_-_Haiti_-_December_2020-2022.pdf">https://www.usaid.gov/sites/default/files/documents/Strategic_Framework_-_Haiti_-_December_2020-2022.pdf</a>.
\58\ Congressional Research Service, Haiti: Political Conflict
and U.S. Policy Overview (Aug. 2, 2022), <a href="https://crsreports.congress.gov/product/pdf/IF/IF12182">https://crsreports.congress.gov/product/pdf/IF/IF12182</a>.
\59\ World Bank, The World Bank approved $35 million to improve
Haiti's COVID-19 response (June 11, 2022), <a href="https://reliefweb.int/report/haiti/world-bank-approved-35-million-improve-haitis-covid-19-response">https://reliefweb.int/report/haiti/world-bank-approved-35-million-improve-haitis-covid-19-response</a>.
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The United Nations and the Haitian government have reported a new
cholera outbreak, with the first cases detected between October 1-2,
2022.\60\ As of November 15, 2022, there were 8,146 hospitalized
suspected cases and 821 confirmed cases of cholera, resulting in 188
deaths.\61\ The end of the two-month fuel terminal seizure allowed
hospitals, water treatment plants, commercial water suppliers, and
transportation networks to resume functioning, allowing for better
access to cholera prevention and treatment. However, paradoxically, the
availability of fuel also allowed for resumed mobility among the
general population, potentially leading to increased cholera
transmission.\62\ In November 2022, the UN launched a ``Flash Appeal''
requesting $145.6 million to contain the outbreak and respond to other
humanitarian needs throughout Haiti.\63\
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\60\ Widlore M[eacute]rancourt, Kelly Kasulis Cho, and Amanda
Coletta, The Washington Post, Cholera Resurfaces in Haiti as gangs
hinder access to water, hospitals, Oct. 3, 2022, <a href="https://www.washingtonpost.com/world/2022/10/03/haiti-cholera-gang-violence-water/">https://www.washingtonpost.com/world/2022/10/03/haiti-cholera-gang-violence-water/</a>.
\61\ Pan American Health Organization, Cholera Outbreak in
Hispaniola, Situation Report #6, Nov. 17, 2022, <a href="https://www.paho.org/en/documents/cholera-outbreak-hispaniola-2022-situation-report-6">https://www.paho.org/en/documents/cholera-outbreak-hispaniola-2022-situation-report-6</a>.
\62\ PBS NewsHour, Cholera overwhelms Haiti, experts warn
outbreak could worsen as fuel blockade lifts, Nov. 16, 2022, <a href="https://www.pbs.org/newshour/world/cholera-overwhelms-haiti-experts-warn-outbreak-could-worsen-as-fuel-blockade-lifts">https://www.pbs.org/newshour/world/cholera-overwhelms-haiti-experts-warn-outbreak-could-worsen-as-fuel-blockade-lifts</a>.
\63\ UN Office for the Coordination of Humanitarian Affairs,
Haiti 2022 Cholera Flash Appeal (Mid Oct 2022-Mid Apr 2023), Nov.
15, 2022, <a href="https://reliefweb.int/report/haiti/haiti-2022-cholera-flash-appeal-mid-oct-2022-mid-apr-2023">https://reliefweb.int/report/haiti/haiti-2022-cholera-flash-appeal-mid-oct-2022-mid-apr-2023</a>.
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Economic Situation
Amidst the political, security, and environmental crises, Haiti's
economy has floundered. Haiti is among the countries with the greatest
inequality in the region. The richest 20% of its population holds more
than 64% of its total wealth, while the poorest 20% has less than
1%.\64\ Latest estimates put the
[[Page 5028]]
2021 poverty rate at 52.3%, up from 51% in 2020.\65\ In 2021, Haiti had
a GDP per capita of $1,815, the lowest in the Latin America and the
Caribbean (LAC) region and less than a fifth of the LAC average of
$15,092.\66\ On the UN's Human Development Index,\67\ Haiti ranked 170
out of 189 in 2020.\68\
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\64\ World Bank, The World Bank in Haiti Overview (last updated
June 14, 2022), <a href="https://www.worldbank.org/en/country/haiti/overview">https://www.worldbank.org/en/country/haiti/overview</a>.
\65\ Id.
\66\ Id.
\67\ The Human Development Index (HDI) is a summary measure of
average achievement in key dimensions of human development: a long
and healthy life, being knowledgeable and have a decent standard of
living. See UNDP, Human Development Index (HDI) (last visited Aug.
15, 2022), <a href="https://hdr.undp.org/data-center/human-development-index#/indicies/HDI">https://hdr.undp.org/data-center/human-development-index#/indicies/HDI</a>.
\68\ World Bank, The World Bank in Haiti Overview (last updated
June 14, 2022), <a href="https://www.worldbank.org/en/country/haiti/overview">https://www.worldbank.org/en/country/haiti/overview</a>.
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In summary, Haiti is experiencing extraordinary and temporary
conditions resulting from grave insecurity and gang crime, as well as
socio-economic and humanitarian conditions, including those resulting
from environmental disasters aggravating food insecurity.
Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
<bullet> The conditions supporting Haiti's designation for TPS
continue to be met. See INA section 244(b)(3)(C), 8 U.S.C.
1254a(b)(1)(C).
<bullet> There continue to be extraordinary and temporary
conditions in Haiti that prevent Haitian nationals (or individuals
having no nationality who last habitually resided in Haiti) from
returning to Haiti in safety, and it is not contrary to the national
interest of the United States to permit Haitian 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 Haiti for TPS should be extended for an
18-month period, from February 4, 2023, through August 3, 2024. See INA
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
<bullet> Due to the conditions described above, Haiti should be
simultaneously redesignated for TPS effective February 4, 2023, through
August 3, 2024. See INA section 244(b)(1)(C) and (b)(2), 8 U.S.C.
1254a(b)(1)(C) and (b)(2).
<bullet> The Secretary has determined that TPS applicants under the
redesignation must demonstrate that they have continuously resided in
the United States since November 6, 2022.
<bullet> TPS applicants under the redesignation must demonstrate
that they have been continuously physically present in the United
States since February 4, 2023, the effective date of the redesignation
of Haiti for TPS.
<bullet> It is estimated that approximately 105,000 additional
individuals may be eligible for TPS under the redesignation of Haiti.
This population includes Haitian nationals in the United States in
nonimmigrant status or without immigration status.
Notice of the Designation of Haiti 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 Haiti'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 Haiti for
18 months, from February 4, 2023, through August 3, 2024, and
redesignating Haiti 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 or Re-
Register for TPS
To register initially for TPS based on the designation of Haiti,
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.
Individuals with existing TPS granted under the 2021 designation of
Haiti must file Form-821 for re-registration as discussed above.
Individuals who currently retain their TPS under the Ramos injunction
noted in footnote 1 above, may file Form I-821 for re-registration if
they wish to help ensure that their TPS continues should the Ramos
court order end and they remain eligible. Re-registrants do not pay the
$50 filing fee for the Form I-821 but must pay the biometric services
fee if age 14 or older (or request a fee waiver).
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 Haiti TPS application (Form I-821) that was
still pending as of January 26, 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 August 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 103.7(b)(1) (Oct. 1, 2020). In addition, the form
instructions for the Form I-821 and Form I-765 provide further
information on requirements and fees for both initial TPS applicants
and existing TPS beneficiaries who are re-registering.
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 Haiti TPS-
related Form I-765 application in connection with a Form I-821 that was
still pending as of January 26, 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
August 3, 2024.
Refiling an Initial TPS Registration Application After Denial of a Fee
Waiver Request
If your fee waiver request is denied, you must refile your Form I-
821 for TPS along with the required fees during the registration
period, which extends until August 3, 2024. You may also file 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.
[[Page 5029]]
Refiling a TPS Re-Registration Application After Denial of a Fee Waiver
Request
You should refile your Form I-821 for TPS and Form I-765 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 section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR
244.17(b). For more information on good cause for late re-registration,
visit the USCIS TPS web page at <a href="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 Haiti'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: Forms I-821 and I-765 are available for concurrent
filing online.\69 \To file these forms online, you must first create a
USCIS online account.\70\
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\69\ 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>.
\70\ <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; Form I-765, Application for Employment Authorization, if
applicable; 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 live in the following states: USCIS, Attn: TPS Haiti, P.O.
Florida or New York, and you are using Box 660167, Dallas, TX 75266-
the U.S. Postal Service (USPS). 0167.
You live in the following states: USCIS, Attn: TPS Haiti (Box
Florida or New York, and you are using 660167), 2501 S State Highway,
FedEx, UPS, or DHL. 121 Business, Suite 400,
Lewisville, TX 75067-8003.
You live in any other state, and you USCIS, Attn: TPS Haiti, P.O.
are using the U.S. Postal Service Box 24047, Phoenix, AZ 85074-
(USPS). 4047.
You live in any other state, and you USCIS Attn: TPS Haiti (Box
are using FedEx, UPS, or DHL. 24047), 1820 E Skyharbor
Circle S, Suite 100, Phoenix,
AZ 85034-4850.
------------------------------------------------------------------------
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="https://www.uscis.gov/tps">https://www.uscis.gov/tps</a> under ``Haiti.''
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 I- The address listed for on the
821, Application for Temporary TPS page for your country.
Protected Status.
[[Page 5030]]
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,
FedEx, UPS, or DHL: You must include a Ste. 400, Lewisville, TX
copy of the receipt notice (Form I- 75067.
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="https://www.uscis.gov">https://www.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 February 3, 2024, using this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have a Haiti TPS-based EAD that has the notation A-12 or C-19
under Category and a ``Card Expires'' date of February 3, 2023, this
Federal Register notice automatically extends your EAD through February
3, 2024. Although this Federal Register notice automatically extends
your EAD through February 3, 2024, 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.
Note: The validity dates of certain EADs with facial expiration
dates before February 3, 2023 for TPS beneficiaries who are covered
by the Ramos injunction continue in accordance with 86 FR 50725
(Sept. 10, 2021) and may be continued by a superseding litigation-
related notice.
When I am 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="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 February 3, 2023, 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 February 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 Haiti 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 February 3, 2024, but you are not required to
do so. The last day of the automatic EAD extension is February 3, 2024.
Before you start work on February 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.
[[Page 5031]]
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 August 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 Haitian 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 may not request proof of Haitian 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 February 3, 2024:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter February
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 February 3,
2023;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write February 3, 2024, as the expiration date.
Before the start of work on February 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 on the front of the card and has a ``Card Expires'' date of
February 3, 2023. Your employer may not rely on the country of birth
listed on the card to determine whether you are eligible for this
extension.
If your employer determines that USCIS has automatically extended
your EAD, your employer should update Section 2 of your previously
completed Form I-9 as follows:
1. Write EAD EXT and February 3, 2024, 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 February 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 February 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 February 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#fbb2d6c2b89e958f899a97bb8e88989288d59f9388d59c948d"><span class="__cf_email__" data-cfemail="074e2a3e4462697375666b477274646e7429636f7429606871">[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#c48d819684b1b7a0abaeeaa3abb2"><span class="__cf_email__" data-cfemail="450c0017053036212a2f6b222a33">[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#8dc4a0b4cee8e3f9ffece1cdf8feeee4fea3e9e5fea3eae2fb"><span class="__cf_email__" data-cfemail="f9b0d4c0ba9c978d8b9895b98c8a9a908ad79d918ad79e968f">[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.
[[Page 5032]]
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 contest 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/ier">https://www.justice.gov/ier</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-797C, Notice of Action, 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 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 Haiti;
<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 state and
local government 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 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
listing the TPS-related document, including any applicable auto-
extension of the document, in addition to presenting 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="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="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. 2023-01586 Filed 1-25-23; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on January 26, 2023.
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.