Notice2023-04735
Extension and Redesignation of Somalia 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
March 13, 2023
Effective
March 18, 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 Somalia for Temporary Protected Status (TPS) for 18 months, beginning on March 18, 2023, and ending on September 17, 2024. This extension allows existing TPS beneficiaries to retain TPS through September 17, 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 17, 2024, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Somalia for TPS. The redesignation of Somalia allows additional Somali nationals (and individuals having no nationality who last habitually resided in Somalia) who have been continuously residing in the United States since January 11, 2023, 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 January 11, 2023, 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 March 18, 2023, the effective date of this redesignation of Somalia for TPS.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 48 (Monday, March 13, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15434-15443]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04735]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2738-22; DHS Docket No. USCIS-2013-0006]
RIN 1615-ZB77
Extension and Redesignation of Somalia for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) extension and
redesignation.
-----------------------------------------------------------------------
SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Somalia for Temporary Protected Status
(TPS) for 18 months, beginning on March 18, 2023, and ending on
September 17, 2024. This extension allows existing TPS beneficiaries to
retain TPS through September 17, 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 17,
2024, must re-register during the 60-day re-registration period
described in this notice. The Secretary is also redesignating Somalia
for TPS. The redesignation of Somalia allows additional Somali
nationals (and individuals having no nationality who last habitually
resided in Somalia) who have been continuously residing in the United
States since January 11, 2023, 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 January 11, 2023, 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 March 18, 2023, the
effective date of this redesignation of Somalia for TPS.
DATES:
Extension of Designation of Somalia for TPS: The 18-month
designation of Somalia for TPS begins on March 18, 2023, and will
remain in effect for 18 months, ending on September 17, 2024. The
extension impacts existing beneficiaries of TPS.
Re-Registration: The 60-day re-registration period for existing
beneficiaries runs from March 13, 2023 through May 12, 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.)
Redesignation of Somalia for TPS: The 18-month redesignation of
Somalia for TPS begins on March 18, 2023, and will remain in effect for
18 months, ending on September 17, 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 Somalia TPS redesignation begins on March 13, 2023
and will remain in effect through September 17, 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 Somalia's TPS designation by selecting
``Somalia'' from the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit <a href="http://uscis.gov/tools">uscis.gov/tools</a>. Our online virtual assistant, Emma, can answer many of your
questions and point you to additional information on
[[Page 15435]]
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 Somalia (or individuals having no nationality who last
habitually resided in Somalia) to (1) re-register for TPS and to apply
for renewal of their EADs with USCIS or (2) submit an initial
registration application under the redesignation and apply for an EAD.
Re-registration is limited to individuals who have previously
registered for TPS under the prior designation of Somalia 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 Somalia's
designation, the 60-day re-registration period runs from March 13, 2023
through May 12, 2023. USCIS will issue new EADs with a September 17,
2024 expiration date to eligible Somali TPS beneficiaries who timely
re-register and apply for EADs. Given the time frames involved with
processing TPS re-registration applications, DHS recognizes that not
all re-registrants may receive new EADs before their current EADs
expire. Accordingly, through this Federal Register notice, DHS
automatically extends the validity of certain EADs previously issued
under the TPS designation of Somalia through March 17, 2024. Therefore,
as proof of continued employment authorization through March 17, 2024,
TPS beneficiaries can show their EADs that have the notation A12 or C19
under Category and a ``Card Expires'' date of March 17, 2023, or
September 17, 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 Somalia TPS application (Form I-821) and/or
Application for Employment Authorization (Form I-765) that was still
pending as of March 13, 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 17, 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. There
are currently approximately 430 beneficiaries under Somalia's TPS
designation.
Under the redesignation, individuals who currently do not have TPS
may submit an initial application during the initial registration
period that runs from March 13, 2023 through the full length of the
redesignation period, ending September 17, 2024.\1\ In addition to
demonstrating continuous residence in the United States since January
11, 2023, and meeting other eligibility criteria, initial applicants
for TPS under this redesignation must demonstrate that they have been
continuously physically present in the United States since March 18,
2023,\2\ the effective date of this redesignation of Somalia, before
USCIS may grant them TPS. DHS estimates that approximately 2,200
individuals may become newly eligible for TPS under the redesignation
of Somalia.
---------------------------------------------------------------------------
\1\ In general, individuals must be given an initial
registration period of no less than 180 days to register for TPS,
but the Secretary has discretion to provide for a longer
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). In keeping
with the humanitarian purpose of TPS and advancing the goal of
ensuring ``the Federal Government eliminates . . . barriers that
prevent immigrants from accessing government services available to
them'' under Executive Order 14012, Restoring Faith in Our Legal
Immigration Systems and Strengthening Integration and Inclusion
Efforts for New Americans, 86 FR 8277 (Feb. 5, 2021), the Secretary
has recently exercised his discretion to provide for TPS initial
registration periods that coincide with the full period of a TPS
country's initial designation or redesignation. See, e.g., 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 Somalia 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), 8 U.S.C.
1254a(b)(2)(A) (effective date of designation); 244(c)(1)(A)(i-ii),
8 U.S.C. 1252a(c)(1)(A)(i-ii) (discussing CR and CPP date
requirements).
---------------------------------------------------------------------------
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
[[Page 15436]]
long as it is still valid beyond the date TPS terminates.
When was Somalia designated for TPS?
Somalia was initially designated for TPS on September 16, 1991, on
the basis of extraordinary and temporary conditions that prevented
Somali nationals from safely returning. See Designation of Nationals of
Somalia for Temporary Protected Status, 56 FR 46804 (Sept. 16, 1991).
Somalia's designation for TPS has been consecutively extended since its
initial designation. Additionally, Somalia was redesignated for TPS in
2001, again based on extraordinary and temporary conditions. See
Extension and Redesignation of Somalia under Temporary Protected Status
Program, 66 FR 46288 (Sept. 4, 2001). In 2012 Somalia was again
redesignated for TPS on the basis of extraordinary and temporary
conditions and under the additional basis of ongoing armed conflict.
See Extension and Redesignation of Somalia for Temporary Protected
Status, 77 FR 25723 (May 1, 2012). Most recently, DHS extended and
redesignated Somalia for 18 months, from September 18, 2021, through
March 17, 2023, again on the basis of ongoing armed conflict and
extraordinary and temporary conditions. See Extension and Redesignation
of Somalia for Temporary Protected Status, 86 FR 38744 (July 22, 2021).
What authority does the Secretary have to extend the designation of
Somalia for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, 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).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 Somalia for TPS?
In addition to extending an existing TPS designation, the
Secretary, after consultation with appropriate Government agencies, may
redesignate a country (or part thereof) for TPS. See 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\
---------------------------------------------------------------------------
\5\ The extension and redesignation of TPS for Somalia is one of
several instances in which the Secretary and, prior to the
establishment of DHS, the Attorney General, have simultaneously
extended a country's TPS designation and redesignated the country
for TPS. See, e.g., Extension and Redesignation of Haiti for
Temporary Protected Status, 76 FR 29000 (May 19, 2011); Extension
and Re-designation of Sudan for Temporary Protected Status, 69 FR
60168 (Oct. 7, 2004); Extension of Designation and Re-designation of
Liberia under Temporary Protected Status Program, 62 FR 16608 (Apr.
7, 1997).
---------------------------------------------------------------------------
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 Somalia shall be January 11, 2023. Initial applicants
for TPS under this redesignation must also show they have been
``continuously physically present'' in the United States since March
18, 2023, which is the effective date of the Secretary's redesignation
of Somalia. 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 18, 2023,
the effective date of this redesignation for Somalia. However, during
the registration period and upon filing of the initial TPS application,
USCIS will issue employment authorization documentation if the TPS
applicant establishes prima facie eligibility for TPS. See 8 CFR
244.5(b).
Why is the Secretary extending the TPS designation for Somalia and
simultaneously redesignating Somalia for TPS through September 17,
2024?
DHS has reviewed country conditions in Somalia. Based on the
review, including input received from the Department of State (DOS),
the Secretary has determined that an 18-month TPS extension is
warranted because the ongoing armed conflict and extraordinary and
temporary conditions supporting Somalia's TPS designation remain. The
Secretary has further determined that redesignating Somalia for TPS
under INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) is warranted as is
changing the ``continuous residence'' and ``continuous physical
presence'' dates that applicants must meet to be eligible for TPS.
DHS conducted a thorough review of conditions in Somalia. Armed
conflict involving state and non-state actors, in combination with
interrelated climate, health, and food security challenges, continues
to undermine the physical security and wellbeing of the Somali
population. Compounding these challenges is the difficulty of providing
critical humanitarian aid to affected communities. Internally displaced
persons (IDPs) and other vulnerable populations have been particularly
impacted.
[[Page 15437]]
Armed Conflict
The insurgent Islamist group al-Shabaab contests government control
in Somalia and continues to conduct an armed insurgency against the
Federal Government of Somalia (FGS), resulting in death, injury, and
displacement of civilians.<SUP>6 7 8</SUP>
---------------------------------------------------------------------------
\6\ Report of the Secretary-General on children and armed
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022,
pg. 3-5, available at <a href="https://www.ecoi.net/en/file/local/2076558/N2235204.pdf">https://www.ecoi.net/en/file/local/2076558/N2235204.pdf</a>.
\7\ National Counterterrorism Center, Counter Terrorism Guide,
Terrorist Groups, Al-Shabaab, available at <a href="https://www.dni.gov/nctc/groups/al_shabaab.html">https://www.dni.gov/nctc/groups/al_shabaab.html</a> (last visited Feb. 2, 2023)
\8\ Claire Klobucista, Jonathan Masters, and Mohammed Aly
Sergie, Backgrounder Al-Shabaab, Council of Foreign Relations, Dec.
6, 2022, available at <a href="https://www.cfr.org/backgrounder/al-shabaab">https://www.cfr.org/backgrounder/al-shabaab</a>
(last visited Feb. 1, 2023).
---------------------------------------------------------------------------
Al-Shabaab is well-organized and well-funded armed group with
control over parts of Somalia.<SUP>9 10</SUP> Al-Shabaab controls
substantial territory in southern Somalia, planning and conducting
terrorist attacks across the country, as well as attacks in northern
Kenya and eastern Ethiopia.<SUP>11 12 13</SUP> Al-Shabaab regularly
conducts suicide bombings and targeted killings, as well as organized
assaults against the Somali National Army (SNA), Somali Police Force
(SPF) and the African Union Transition Mission in Somalia (ATMIS)
(formerly the African Union Mission in Somalia (AMISOM)).\14\
---------------------------------------------------------------------------
\9\ Report of the Secretary-General on children and armed
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022,
pg. 3-5, available at <a href="https://www.ecoi.net/en/file/local/2076558/N2235204.pdf">https://www.ecoi.net/en/file/local/2076558/N2235204.pdf</a>.
\10\ In 2008, the U.S. Government designated Al-Shabaab as a
Foreign Terrorist Organization under Section 219 of the Immigration
and Nationality Act (as amended) and as a Specially Designated
Global Terrorist under Section 1(b) of Executive Order 13224 (as
amended). Counter Terrorism Guide--Al-Shabaab, National
Counterterrorism Center, available at <a href="https://www.dni.gov/nctc/groups/al_shabaab.html">https://www.dni.gov/nctc/groups/al_shabaab.html</a> (last visited Jan. 19, 2023).
\11\ Report of the Secretary-General on children and armed
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022,
pg. 3-5, available at <a href="https://www.ecoi.net/en/file/local/2076558/N2235204.pdf">https://www.ecoi.net/en/file/local/2076558/N2235204.pdf</a>.
\12\ Media Note, U.S. Dep't. of State, Rewards for Justice--
Reward Offer for Information on Maalim Ayman and Other Responsible
for 2020 Attack on Manda Bay Airfield in Kenya, Jan. 5, 2023,
available at <a href="https://www.state.gov/rewards-for-justice-reward-offer-for-information-on-maalim-ayman-and-others-responsible-for-2020-attack-on-manda-bay-airfield-in-kenya/">https://www.state.gov/rewards-for-justice-reward-offer-for-information-on-maalim-ayman-and-others-responsible-for-2020-attack-on-manda-bay-airfield-in-kenya/</a> (last visited Feb. 1, 2023);
\13\ Council on Foreign Relations, 2004-2022 Al-Shabaab in East
Africa, available at <a href="https://www.cfr.org/timeline/al-shabaab-east-africa">https://www.cfr.org/timeline/al-shabaab-east-africa</a> (last visited Feb. 2, 2023).
\14\ Report of the Secretary-General on children and armed
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022,
pg. 3-5, available at <a href="https://www.ecoi.net/en/file/local/2076558/N2235204.pdf">https://www.ecoi.net/en/file/local/2076558/N2235204.pdf</a>.
---------------------------------------------------------------------------
Al-Shabaab's multiple illegal funding streams, including extortion
of local businesses and individuals and facilitation of illicit trades,
generate around $100 million per year.\15\ Al-Shabaab is regarded by
the Department of Defense as ``al-Qaeda's largest, wealthiest and most
deadly affiliate,'' nearly doubling its attacks between 2015 and 2021
and continuing to pose an acute threat.\16\ As recently as November 27,
2022, Al-Shabaab gunmen killed at least nine people in a Mogadishu
hotel popular with government officials.\17\ One month earlier, Al-
Shabaab claimed responsibility for two car bombs in Mogadishu that
exploded at the education ministry next to a busy market intersection;
President Hassan Sheikh Mohamud stated at the time that the bombings
killed at least 100 people and wounded 300,\18\ representing Al-
Shabaab's deadliest attack in five years.\19\ An Al-Shabaab attack on
another hotel in Mogadishu in August 2022 killed 21 people and injured
117 others.\20\
---------------------------------------------------------------------------
\15\ Treasury Designates al-Shabaab Financial Facilitators, U.S.
Dep't. of the Treasury, Oct. 17, 2022, available at <a href="https://home.treasury.gov/news/press-releases/jy1028">https://home.treasury.gov/news/press-releases/jy1028</a> (last visited Jan. 19,
2023).
\16\ An attack on a military base in Somalia shows al-Shabab's
deadly power, Washington Post, July 17, 2022, available at <a href="https://www.washingtonpost.com/world/2022/07/17/somalia-al-shabab-us-troops/">https://www.washingtonpost.com/world/2022/07/17/somalia-al-shabab-us-troops/</a>
(last visited Jan. 19, 2023).
\17\ Nine Civilians Killed in Militant Siege at a Mogadishu
Hotel, New York Times, Nov. 28, 2022, available at <a href="https://www.nytimes.com/2022/11/27/world/africa/mogadishu-shabab-hotel.html">https://www.nytimes.com/2022/11/27/world/africa/mogadishu-shabab-hotel.html</a>
(last visited Jan. 19, 2023).
\18\ Car bombs at busy Somalia market intersection killed at
least 100, president says, Reuters, Oct. 30, 2022, available at
<a href="https://www.reuters.com/world/africa/somalia-president-least-100-people-killed-car-bombs-2022-10-30/">https://www.reuters.com/world/africa/somalia-president-least-100-people-killed-car-bombs-2022-10-30/</a> (last visited Jan. 19, 2023).
\19\ Nine Civilians Killed in Militant Siege at a Mogadishu
Hotel, New York Times, Nov. 28, 2022, available at <a href="https://www.nytimes.com/2022/11/27/world/africa/mogadishu-shabab-hotel.html">https://www.nytimes.com/2022/11/27/world/africa/mogadishu-shabab-hotel.html</a>
(last visited Jan. 19, 2023).
\20\ Somali PM Vows Accountability after Deadly Hotel Attack,
VOA News, Aug. 22, 2022, available at <a href="https://www.voanews.com/a/somali-pm-vows-accountability-after-deadly-hotel-attack/6712021.html">https://www.voanews.com/a/somali-pm-vows-accountability-after-deadly-hotel-attack/6712021.html</a>
(last visited Jan. 19, 2023).
---------------------------------------------------------------------------
Somali security forces do not have the capacity to independently
and consistently secure Somalia.\21\ When al-Shabaab regains control of
towns that had been secured previously by pro-government forces, they
have punished residents they suspected of cooperating with U.S. and
pro-government forces by conducting public executions including
beheadings, stonings, and other deadly forms of retaliation.\22\ Somali
women and girls are disproportionately exposed to high levels of
conflict-related sexual violence.<SUP>23 24</SUP>
---------------------------------------------------------------------------
\21\ Integrated Country Strategy: Somalia, U.S. Dep't. of State,
Mar. 20, 2022, available at <a href="https://www.state.gov/wp-content/uploads/2022/04/ICS_AF_Somalia_Public.pdf">https://www.state.gov/wp-content/uploads/2022/04/ICS_AF_Somalia_Public.pdf</a>.
\22\ EASO, Country of Origin Information Report, Somalia
Targeted profiles, September 2021, available at <a href="https://www.ecoi.net/en/file/local/2060580/2021_09_EASO_COI_Report_Somalia_Targeted_profiles.pdf">https://www.ecoi.net/en/file/local/2060580/2021_09_EASO_COI_Report_Somalia_Targeted_profiles.pdf</a>.
\23\ UNSOM, Women in Somalia Live Through Pain of Displacement
and Trauma of Conflict-Related Sexual Violence, June 19, 2022,
available at <a href="https://unsom.unmissions.org/women-somalia-live-through-pain-displacement-and-trauma-conflict-related-sexual-violence">https://unsom.unmissions.org/women-somalia-live-through-pain-displacement-and-trauma-conflict-related-sexual-violence</a> (last visited Feb. 2, 2023).
\24\ U.S. Dept. of State, 2021 Country Reports on Human Rights
Practices: Somalia, Apr. 12, 2022, available at <a href="https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/">https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/</a> (last visited Feb. 2, 2023).
---------------------------------------------------------------------------
Al-Shabaab often used suicide bombers, mortars, and IEDs to attack
civilian and military targets throughout Somalia.\25\ It also killed
prominent peace activists, community leaders, clan elders, electoral
delegates, and their family members for their roles in peace building,
in addition to beheading persons accused of spying for and
collaborating with Somali forces and affiliated militias.\26\ ISIS-
Somalia remains active, planning and carrying out suicide bombings,
armed assaults, assassinations, and small arms attacks in the Federal
Member State (FMS) of Puntland and in the capital, Mogadishu.\27\
---------------------------------------------------------------------------
\25\ Chiara Torelli, Action on Armed Violence, Hiiran: 30 killed
in three Al Shabaab suicide attacks, 14 Jan, Jan. 17, 2023,
available at <a href="https://aoav.org.uk/2023/hiiran-30-killed-in-three-al-shabaab-suicide-attacks-14-jan/">https://aoav.org.uk/2023/hiiran-30-killed-in-three-al-shabaab-suicide-attacks-14-jan/</a> (last visited Feb. 2, 2023).
\26\ 2021 Country Reports on Human Rights Practices: Somalia,
U.S. Dep't. of State, Apr. 12, 2022, available at <a href="https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/">https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/</a> (last visited Feb. 2, 2023).
\27\ Id.
---------------------------------------------------------------------------
Extraordinary and Temporary Conditions
Somalia faces complex climate, health, food security, and
humanitarian challenges. As of December 2022, more than 7 million
Somalis are in need of humanitarian assistance.\28\ Compounding this
challenge, armed groups deliberately restrict the passage of relief
supplies and access by humanitarian organizations through the use of
checkpoints, roadblocks, extortion, carjacking, and bureaucratic
obstacles.\29\
---------------------------------------------------------------------------
\28\ Somalia Key Figures, United Nations Office for the
Coordination of Humanitarian Affairs (UNOCHA), available at <a href="https://m.reliefweb.int/country/216/som?figures-display=all">https://m.reliefweb.int/country/216/som?figures-display=all</a> (last visited
Jan. 19, 2023).
\29\ 2021 Country Reports on Human Rights Practices: Somalia,
U.S. Dep't. of State, Apr. 12, 2022, available at <a href="https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/">https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/</a> (last visited Jan. 19, 2023).
---------------------------------------------------------------------------
Approximately 2.9 million people are internally displaced in
Somalia ``due to conflict, drought, lack of livelihood opportunities,
and forced evictions from
[[Page 15438]]
their settlements, mostly by landlords.'' <SUP>30 31</SUP> Such IDPs
face challenging living conditions in crowded, informal settlements
with limited access to health services, water, shelter, and food.\32\
The majority of IDPs are older persons, women, and children.\33\
---------------------------------------------------------------------------
\30\ Somalia Humanitarian Fund Annual Report 2021, UNOCHA, June
30, 2022, pg. 8, available at <a href="https://reliefweb.int/report/somalia/somalia-humanitarian-fund-annual-report-2021">https://reliefweb.int/report/somalia/somalia-humanitarian-fund-annual-report-2021</a> (last visited Jan. 19,
2023).
\31\ Internally displaced persons (IDPs) are generally most
affected by forced evictions in Mogadishu, Somalia's capital.
Generally, these IDPs--fleeing from insecurity and natural disasters
in rural areas--establish temporary settlements in abandoned areas
in Mogadishu, where they pay rent to ``gatekeepers,'' the de facto
managers of these informal settlements. These evictions are linked
to rising land and property values, and clan power dynamics among
one of the most powerful clans--the Hawiye clans in the Mogadishu
area. The combination of these factors has led to forced evictions
of IDPs, usually with force and without any prior notice.
UnSettlement: Urban displacement in the 21st century, Norwegian
Refugee Council/Internal Displacement Monitoring Centre, Nov. 2018,
pg. 5-7, available at <a href="https://www.refworld.org/docid/5c17b00f4.html">https://www.refworld.org/docid/5c17b00f4.html</a>
(last visited Jan. 19, 2023).
\32\ Four Challenges Facing Displaced Persons in Somalia,
International Organization for Migration, Sept. 13, 2022, available
at <a href="https://reliefweb.int/report/somalia/four-challenges-facing-displaced-persons-somalia">https://reliefweb.int/report/somalia/four-challenges-facing-displaced-persons-somalia</a> (last visited Jan. 19, 2023).
\33\ Worsening drought escalated forced evictions in Banadir
region, Norwegian Refugee Council, Mar. 14, 2022, pg. 1, available
at <a href="https://reliefweb.int/report/somalia/nrc-somalia-brief-worsening-drought-escalates-forced-evictions-banadir-region-somalia">https://reliefweb.int/report/somalia/nrc-somalia-brief-worsening-drought-escalates-forced-evictions-banadir-region-somalia</a> (last
visited Sept. 13, 2022).
---------------------------------------------------------------------------
Vulnerable populations face particular protection challenges.
Gender-based violence is underreported but widespread,\34\ with IDPs
and members of marginalized clans and groups particularly at risk.\35\
Al-Shabaab continues to commit gender-based violence, including through
child, early, and forced marriages.\36\ Children are often subject to
recruitment by armed groups.\37\
---------------------------------------------------------------------------
\34\ Somalia: Protection Analysis Update (Feb. 2022), Global
Protection Cluster/UN High Commissioner for Refugees, Feb. 9, 2022,
pg. 4, available at <a href="https://reliefweb.int/report/somalia/somalia-protection-analysis-update-february-2022">https://reliefweb.int/report/somalia/somalia-protection-analysis-update-february-2022</a> (last visited Sept. 7,
2022).
\35\ 2021 Country Reports on Human Rights Practices: Somalia,
U.S. Dep't. of State, Apr. 12, 2022, available at <a href="https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/">https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/</a> (last visited Jan. 19, 2023).
\36\ Id.
\37\ Report of the Secretary-General on children and armed
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022,
pg. 5, available at <a href="https://www.ecoi.net/en/file/local/2076558/N2235204.pdf">https://www.ecoi.net/en/file/local/2076558/N2235204.pdf</a>
---------------------------------------------------------------------------
Somalia's overall health system, including its disease surveillance
system, ``remains fragmented, under-resourced, and ill-equipped to
provide lifesaving and preventative services.'' \38\ It is estimated
that at least 6.5 million people need essential healthcare and
nutrition services, with malnutrition, disease outbreaks, and conflict
continuing to drive increased illness and excess deaths.\39\ It is
estimated that only 19% of districts have adequate healthcare
facilities.\40\
---------------------------------------------------------------------------
\38\ 2022 Somalia Humanitarian Needs Overview, UNOCHA, Oct. 24,
2021, pg. 25, available at <a href="https://reliefweb.int/report/somalia/2022-somalia-humanitarian-needs-overview">https://reliefweb.int/report/somalia/2022-somalia-humanitarian-needs-overview</a> (last visited Jan. 19,
2023).
\39\ Somalia Complex Crisis--Overview, ACAPS, last updated on
Sept. 9, 2022, available at <a href="https://www.acaps.org/country/somalia/crisis/complex-crisis">https://www.acaps.org/country/somalia/crisis/complex-crisis</a> (last visited Jan. 19, 2023).
\40\ Id.
---------------------------------------------------------------------------
Climate change has intensified competition over declining
resources, which in turn exacerbates clan divisions and inter-clan
violence.\41\ Violence between clan militias has led to civilian
casualties, destruction of civilian property, displacement, and
obstruction of humanitarian assistance.\42\ Somalia is beset by ``a
culture of impunity due to clan protection of perpetrators [of abuses]
and weak government capacity to hold the guilty to account.'' \43\
---------------------------------------------------------------------------
\41\ 2022 Somalia Humanitarian Needs Overview, UNOCHA, Oct. 24,
2021, pg. 6, available at <a href="https://reliefweb.int/report/somalia/2022-somalia-humanitarian-needs-overview">https://reliefweb.int/report/somalia/2022-somalia-humanitarian-needs-overview</a> (last visited Sept. 13, 2022).
\42\ Letter dated 5 October 2021 from the Chair of the Security
Council Committee pursuant to resolution 751 (1992) concerning
Somalia addressed to the President of the Security Council, UN
Security Council, Oct. 6, 2021, pg. 13, available at <a href="https://documents-dds-ny.un.org/doc/UNDOC/GEN/N21/249/27/pdf/N2124927.pdf?OpenElement">https://documents-dds-ny.un.org/doc/UNDOC/GEN/N21/249/27/pdf/N2124927.pdf?OpenElement</a>.
\43\ 2021 Country Reports on Human Rights Practices: Somalia,
U.S. Dep't. of State, Apr. 12, 2022, available at <a href="https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/">https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/</a> (last visited Jan. 19, 2023).
---------------------------------------------------------------------------
Alongside conflict and violence, drought and flooding have been
primary drivers of displacement, food insecurity, and malnutrition.\44\
In March 2022 the UN assessed:
---------------------------------------------------------------------------
\44\ Somalia: Protection Analysis Update, Global Protection
Cluster, UNHCR, Feb. 9, 2022, pg. 4, available at <a href="https://reliefweb.int/report/somalia/somalia-protection-analysis-update-february-2022">https://reliefweb.int/report/somalia/somalia-protection-analysis-update-february-2022</a> (last visited Sept. 12, 2022).
Since December 2021, extreme drought conditions have affected
about 4.9 million people, with about 719,000 displaced from their
homes in search of water, food, and pasture as of March. The
emergency is decimating the lives of people whose coping capacities
were already eroded by decades of conflict, food shortages, climatic
shocks, disease outbreaks, desert locust infestations and the COVID-
19 pandemic.\45\
---------------------------------------------------------------------------
\45\ Somalia Humanitarian Bulletin, March 2022, UNOCHA, Apr. 12,
2022, pg. 2, available at <a href="https://reliefweb.int/report/somalia/somalia-humanitarian-bulletin-march-2022">https://reliefweb.int/report/somalia/somalia-humanitarian-bulletin-march-2022</a> (last visited Sept. 13,
2022).
As of September 2022, more than 80% of the country faced severe to
extreme drought conditions.\46\ As of December 2022, Somalia has
experienced five consecutive seasons of poor rainfall and is likely to
experience a sixth such season from March to June 2023.\47\
---------------------------------------------------------------------------
\46\ Somalia Complex Crisis--Overview, ACAPS, last updated on
Sept. 9, 2022, available at <a href="https://www.acaps.org/country/somalia/crisis/complex-crisis">https://www.acaps.org/country/somalia/crisis/complex-crisis</a> (last visited Jan. 19, 2023).
\47\ Nearly 8.3 million people across Somalia face Crisis (IPC
Phase 3) or worse acute food insecurity outcomes, Famine Early
Warning System Network (FEWS NET)/Food Security and Nutrition
Analysis Unit (FSNAU)/Integrated Food Security Phase Classification
(IPC), Dec. 13, 2022, pg. 1, available at <a href="https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes">https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes</a> (last visited
Jan. 19, 2023).
---------------------------------------------------------------------------
Malnutrition in Somalia is driven by food insecurity, poor child
feeding practices, diseases, and limited access to clean water and
sanitation.\48\ Nearly 1.8 million children under the age of five are
acutely malnourished.\49\ Moreover, conflict and disease outbreaks have
exacerbated a spike in food prices.\50\
---------------------------------------------------------------------------
\48\ WFP Somalia Country Brief, May 2022, World Food Programme,
May 31, 2022, pg. 1, available at <a href="https://reliefweb.int/report/somalia/wfp-somalia-country-brief-may-2022">https://reliefweb.int/report/somalia/wfp-somalia-country-brief-may-2022</a> (last visited Sept. 14,
2022).
\49\ Somalia Key Figures, UNOCHA, available at <a href="https://m.reliefweb.int/country/216/som?figures-display=all">https://m.reliefweb.int/country/216/som?figures-display=all</a> (last visited
Jan. 19, 2023). Estimate as of Sept. 12, 2022.
\50\ Nearly 8.3 million people across Somalia face Crisis (IPC
Phase 3) or worse acute food insecurity outcomes, FEWS NET/FSNAU/
IPC, Dec. 13, 2022, pg. 1, available at <a href="https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes">https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes</a> (last visited
Jan. 19, 2023).
---------------------------------------------------------------------------
The UN reports that 7.1 million people, accounting for 45 percent
of the country, face at least ``crisis'' levels of food security, of
which 2.1 million are experiencing even more serious ``emergency''
shortages that signify acute malnutrition and rising levels of
death.\51\ Approximately 213,000 people are at the ``catastrophe'' \52\
level, representing a 160 percent increase between April and June 2022,
and characterized by an extreme lack of food that can result in
starvation and death.\53\ The situation may further deteriorate if an
anticipated decrease in humanitarian assistance due to insufficient
funding for Somalia after March 2023 comes to pass, with the UN and its
partners predicting that the number of Somalis facing ``crisis'' levels
of food security--or worse--would grow to around 8.3 million between
April and June 2023, of which 2.7 million would face
[[Page 15439]]
``emergency'' levels and at least 727,000 would face ``catastrophe.''
\54\
---------------------------------------------------------------------------
\51\ Horn of Africa braces for `explosion of child deaths' as
hunger crisis deepens, UN News, June 7, 2022, available at <a href="https://news.un.org/en/story/2022/06/1119862">https://news.un.org/en/story/2022/06/1119862</a> (last visited Jan. 19, 2023).
\52\ This designation is also referred to as ``Famine'' or ``IPC
Phase 5.'' FEWS NET/FSNAU/IPC, supra note 37.
\53\ Horn of Africa braces for `explosion of child deaths' as
hunger crisis deepens, UN News, June 7, 2022, available at <a href="https://news.un.org/en/story/2022/06/1119862">https://news.un.org/en/story/2022/06/1119862</a> (last visited Jan. 19, 2023).
\54\ Nearly 8.3 million people across Somalia face Crisis (IPC
Phase 3) or worse acute food insecurity outcomes, FEWS NET/FSNAU/
IPC, Dec. 13, 2022, pg. 1, available at <a href="https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes">https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes</a> (last visited
Jan. 19, 2023).
---------------------------------------------------------------------------
Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
<bullet> The conditions supporting Somalia's designation for TPS
continue to be met. See INA 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 Somalia
and, due to such conflict, requiring the return to Somalia of Somali
nationals (or individuals having no nationality who last habitually
resided in Somalia) would pose a serious threat to their personal
safety. See INA sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
<bullet> There continue to be extraordinary and temporary
conditions in Somalia that prevent Somali nationals (or individuals
having no nationality who last habitually resided in Somalia) from
returning to Somalia in safety, and it is not contrary to the national
interest of the United States to permit Somali TPS beneficiaries to
remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C).
<bullet> The designation of Somalia for TPS should be extended for
an 18-month period, beginning on March 18, 2023 and ending on September
17, 2024. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
<bullet> Due to the conditions described above, Somalia should be
simultaneously extended and redesignated for TPS beginning on March 18,
2023 and ending on September 17, 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 January 11, 2023.
<bullet> TPS applicants must demonstrate that they have been
continuously physically present in the United States since March 18,
2023, the effective date of the redesignation of Somalia for TPS.
<bullet> There are approximately 430 current Somalia TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
<bullet> It is estimated that approximately 2,200 additional
individuals may be eligible for TPS under the redesignation of Somalia.
This population includes Somali nationals in the United States in
nonimmigrant status or without lawful immigration status.
Notice of the Designation of Somalia 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 Somalia'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). I estimate up to approximately 2,630 individuals
may be eligible for TPS under the designation of Somalia. On the basis
of this determination, I am simultaneously extending the existing
designation of Somalia for TPS for 18 months, beginning on March 18,
2023, and ending on September 17, 2024, and redesignating Somalia 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 Somalia, 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 eligible for an EAD, which proves their
authorization to work in the United States. You are not required to
submit Form I-765, Application for Employment Authorization, or have an
EAD to be granted TPS, 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 Somalia TPS application (Form I-821) that
was still pending as of March 13, 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 17, 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).
How can TPS beneficiaries obtain an Employment Authorization Document
(EAD)?
Everyone 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 Somalia TPS-related Form I-765 that was still
pending as of March 13, 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 17, 2024.
Refiling an Initial TPS Registration Application After Receiving a
Denial of a Fee Waiver Request
The fee waiver denial notice will contain specific instructions
about resubmitting your application.
Filing Information
USCIS offers the option to applicants for TPS under Somalia'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.\55\ To file these forms online, you must first create a
USCIS online account.\56\ However, if you are requesting a fee waiver,
you cannot submit the applications online. You will need to file paper
versions of the fee waiver request and the form for which you are
requesting the fee waiver.
---------------------------------------------------------------------------
\55\ 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>.
\56\ <a href="https://myaccount.uscis.gov/users/sign_up">https://myaccount.uscis.gov/users/sign_up</a>.
---------------------------------------------------------------------------
Mail filing: Mail your application for TPS to the proper address in
Table 1.
[[Page 15440]]
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 Somalia, P.O.
(USPS). Box 6943, Chicago, IL 60680-
6943.
You are using FedEx, UPS, or DHL....... USCIS, Attn: TPS Somalia (Box
6943), 131 S Dearborn St., 3rd
Floor, Chicago, IL 60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, 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 ``Somalia.''
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 and be
authorized to re-enter. 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 17, 2024, through this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have a Somalia TPS-based EAD that has the notation A12 or C19
under Category and a ``Card Expires'' date of March 17, 2023, or
September 17, 2021, this Federal Register notice automatically extends
your EAD through March 17, 2024. Although this Federal Register notice
automatically extends your EAD through March 17, 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.
[[Page 15441]]
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on Form I-9,
Employment Eligibility Verification, as well as the Acceptable
Documents web page at <a href="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 A12 or C19 under
Category and has a ``Card Expires'' date of March 17, 2023, or
September 17, 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 17, 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 Somalia 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 17, 2024, but you are not required to
do so. The last day of the automatic EAD extension is March 17, 2024.
Before you start work on March 18, 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 17, 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 Somali citizenship or a Form I-797
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 Somali 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 18, 2024:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter March 17,
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 A12 or C19 and has a ``Card Expires'' date of March 17, 2023,
or September 17, 2021.
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write March 17, 2024, as the expiration date.
Before the start of work on March 18, 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 A12
or C19 and has a ``Card Expires'' date of March 17, 2023, or September
17, 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:
[[Page 15442]]
1. Write EAD EXT and March 17, 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 automatic extension has
ended, or the employee presents a new document to show continued
employment authorization, whichever is sooner. By March 18, 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 17,
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 18, 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#226b0f1b61474c5650434e625751414b510c464a510c454d54"><span class="__cf_email__" data-cfemail="51187c6812343f2523303d1124223238227f3539227f363e27">[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#074e425547727463686d29606871"><span class="__cf_email__" data-cfemail="236a6671635650474c490d444c55">[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#0a432733496f647e786b664a7f79696379246e6279246d657c"><span class="__cf_email__" data-cfemail="87ceaabec4e2e9f3f5e6ebc7f2f4e4eef4a9e3eff4a9e0e8f1">[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/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 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 A12 or C19,
even if your country of birth noted on the EAD does not reflect the TPS
designated country of Somalia;
<bullet> Your Form I-94, Arrival/Departure Record;
<bullet> Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
<bullet> Form I-797 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
[[Page 15443]]
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
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. 2023-04735 Filed 3-7-23; 8:45 am]
BILLING CODE 9111-97-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 13, 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.