Notice2023-13019
Reconsideration and Rescission of Termination of the Designation of Nepal for Temporary Protected Status; Extension of the Temporary Protected Status Designation for Nepal
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
June 21, 2023
Effective
December 25, 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 rescinding the previous termination of the designation of Nepal for TPS, which was published on May 22, 2018 and extending the designation of Nepal for Temporary Protected Status (TPS) for 18 months, beginning on December 25, 2023, and ending on June 24, 2025. This extension allows existing TPS beneficiaries to retain TPS through June 24, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through June 24, 2025, must re-register during the 60-day re- registration period as described in this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40317-40328]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13019]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2734-22; DHS Docket No. USCIS-2015-0003]
RIN 1615-ZB74
Reconsideration and Rescission of Termination of the Designation
of Nepal for Temporary Protected Status; Extension of the Temporary
Protected Status Designation for Nepal
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Reconsideration and Rescission of Termination of the
Designation of Nepal for Temporary Protected Status (TPS) and Notice of
Extension of TPS Designation for Nepal.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
rescinding the previous termination of the designation of Nepal for
TPS, which was published on May 22, 2018 and extending the designation
of Nepal for Temporary Protected Status (TPS) for 18 months, beginning
on December 25, 2023, and ending on June 24, 2025. This extension
allows existing TPS beneficiaries to retain TPS through June 24, 2025,
so long as they otherwise continue to meet the eligibility requirements
for TPS. Existing TPS beneficiaries who wish to extend their status
through June 24, 2025, must re-register during the 60-day re-
registration period as described in this notice.
DATES: The Rescission of Termination of the Designation of Nepal for
TPS is effective took effect June 9, 2023.
Extension of Designation of Nepal for TPS: The 18-month extension
of TPS for Nepal begins on December 25, 2023 and will remain in effect
through June 24, 2025. The extension impacts existing beneficiaries of
TPS under the designation of Nepal.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from October 24, 2023 through December 23, 2023.
FOR FURTHER INFORMATION CONTACT:
<bullet> 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.
<bullet> 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 Nepal's TPS designation by selecting Nepal
from the menu on the left side of the TPS web page.
<bullet> If you have additional questions about TPS, please visit
<a href="http://uscis.gov/tools">uscis.gov/tools</a>. Our online virtual assistant, Emma, can answer many of
your questions and point you to additional information on our website.
If you are unable to find your answers there, you may also call our
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
<bullet> Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at <a href="http://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>.
<bullet> 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 announces the reconsideration and
rescission of the termination of the designation of Nepal for TPS, and
the Secretary's decision to extend Nepal's designation for TPS for 18
months from December 25, 2023 through June 24, 2025. This notice also
[[Page 40318]]
sets forth procedures necessary for nationals of Nepal (or individuals
having no nationality who last habitually resided in Nepal) to re-
register for TPS and to apply for renewal of their EADs with USCIS.
Re-registration is limited to individuals who have previously
registered or reregistered for TPS under Nepal's designation, whose
applications were granted, and whose TPS has not been withdrawn for
individual ineligibility for the benefit. 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 Nepal's
designation, the 60-day re-registration period runs from October 24,
2023 through December 23, 2023. USCIS will issue new EADs with a June
24, 2025 expiration date to eligible Nepalese TPS beneficiaries who
timely re-register and apply for EADs.
Individuals who have a Nepal TPS application (Form I-821) and
Application for Employment Authorization (Form I-765) that were still
pending as of June 21, 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 June 24, 2025. 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. If you have TPS and only a pending Form I-
765, you must file the Form I-821 to reregister for TPS or risk having
your TPS withdrawn for failure to timely reregister without good cause.
There are currently approximately 14,500 beneficiaries under Nepal's
TPS designation who may be eligible to continue their TPS under the
extension announced in this Notice.
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 before arrival in the United States,
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 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 Nepal designated for TPS?
On June 24, 2015, former Secretary of Homeland Security Jeh Johnson
designated Nepal for TPS on environmental disaster grounds as a result
of the magnitude 7.8 earthquake that occurred on April 25, 2015 that
resulted in a substantial disruption of living conditions, at the
request of the country's government, and because Nepal was temporarily
unable to adequately handle the return of its nationals. See
Designation of Nepal for Temporary Protected Status, 80 FR 36346 (June
24, 2015). On October 26, 2016, former Secretary Johnson announced an
18-month extension of Nepal's TPS designation, effective December 25,
2016 through June 24, 2018.\1\
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\1\ Extension of the Designation of Nepal for Temporary
Protected Status, 81 FR 74470 (October 26, 2016).
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Following the statutorily required review of the country
conditions, former Secretary Kirstjen M. Nielsen announced the
termination of TPS for Nepal, with an effective date of June 24, 2019.
See Termination of the Designation of Nepal for Temporary Protected
Status, 83 FR 23705 (May 22, 2018); see also INA secs. 244(b)(3)(A) and
(B), 8 U.S.C. 1254a(b)(3)(A) and (B). As discussed below, this
termination has been the subject of litigation and a court order that
has prevented the termination from taking effect.
Litigation Background Regarding Termination of Certain TPS Designations
In addition to Nepal, in 2017-2018, TPS was also terminated for
five other countries by the Secretary or Acting Secretary: Sudan, El
Salvador, Haiti, Nicaragua, and Honduras.\2\ Lawsuits challenging the
terminations were filed in the U.S. District Court for the Northern
District of California in Ramos v. Nielsen, 326 F. Supp. 3d 1075 (N.D.
Cal. 2018), and Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar.
12, 2019), and in the U.S. District Court for the Eastern District of
New York in Saget v. Trump, 375 F. Supp 3d 280 (E.D.N.Y. 2019).\3\ In
Ramos, the district court granted a preliminary injunction enjoining
the terminations of TPS for El Salvador, Haiti, Sudan, and Nicaragua
and directed DHS to maintain the status quo and to continue the TPS and
TPS-related documentation of affected TPS beneficiaries under those
countries' designations. The U.S. Government appealed, and a three-
judge panel vacated the injunction. The appellate court, however, has
granted rehearing en banc of the panel decision, vacating the panel's
decision.\4\ The district court's preliminary injunction thus remains
in place. In Bhattarai--which challenged the determination to terminate
TPS for Nepal--the district court has stayed proceedings until the
Ramos appeal is decided and approved the parties' stipulation for the
[[Page 40319]]
continuation of TPS and TPS-related documentation for eligible,
affected beneficiaries of TPS for Honduras and Nepal during the stay
and pendency of the Ramos appeal. In Saget, the district court granted
a preliminary injunction enjoining termination of TPS for Haiti, and
the Government appealed. However, following the new TPS designation of
Haiti in August 2021, the district court dismissed the lawsuit based on
the parties' stipulation to dismissal.\5\ Beneficiaries under the TPS
designations for El Salvador, Nepal, Sudan, Haiti, Honduras, and Nepal
will retain their TPS while the preliminary injunction in Ramos remains
in effect, and for at least 120 days thereafter, provided that their
TPS is not withdrawn because of individual ineligibility.\6\
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\2\ Sudan (82 FR 47228) (Oct. 11, 2017), El Salvador (83 FR
2654) (Jan. 18, 2018), Haiti (83 FR 2648) (Jan. 18, 2018), Nicaragua
(82 FR 59636) (Dec. 15, 2017), and Honduras (83 FR 26074) (June 05,
2018).
\3\ See Ramos v. Nielsen, 336 F. Supp. 3d 1075 (N.D. Cal. 2018),
vacated, 975 F.3d 872 (9th Cir. 2020), reh'g en banc granted, 59
F.4th 1010 (Feb. 10, 2023) (No. 18-16981) (``Ramos'').; Bhattarai v.
Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019) (staying
proceedings until Ramos appeal decided and approved parties'
stipulation for continued TPS and issuance of TPS-related
documentation to eligible, affected beneficiaries of TPS for
Honduras and Nepal during the stay and pendency of the appeal). In
2019, the U.S. District Court for the Eastern District of New York
also enjoined the termination of the 2011 TPS designation for Haiti
in Saget v. Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019), and DHS
cited to that order in previous notices continuing the affected
beneficiaries' TPS and documentation. See, e.g., 86 FR 50725, 50726
(Sept. 10, 2021). However, the Saget case was dismissed upon the
court's approval of the parties' joint Stipulation of Dismissal for
mootness following the Secretary's new 18-month designation of Haiti
for TPS on August 3, 2021, and DHS' continuation of existing
beneficiaries' TPS and related documentation under the Ramos
injunction through Dec. 31, 2022. See id., Order approving
Stipulation of Dismissal, dated Oct. 15, 2021. Other litigation was
filed relating to the terminations of El Salvador, Honduras, and
Haiti. A Haiti-related case, NAACP v. U.S. Dept. of Homeland
Security, No. 1:18-cv-00239 (D. Md., Jan. 24, 2018) was dismissed on
May 22, 2021, subsequent to the same DHS designation. An El Salvador
related case, Casa de Maryland., v. Biden, No. GJH-18-00845 (D. Md.,
Mar. 23, 2018), is currently stayed until April 17, 2023. Centro
Presente v. Biden, No. 1:18-cv-10340 (D. Mass, July 23, 2018),
relating to El Salvador, Haiti, and Honduras, is currently stayed
until April 14, 2023.
\4\ See Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition
for reh'g en banc granted, 59 F.4th 1010 (Feb. 10, 2023) (No. 18-
16981) (``Ramos'').
\5\ See Saget v. Trump, 375 F. Supp 3d 280 (E.D.N.Y. 2019) and
Order approving Stipulation of Dismissal, dated Oct. 15, 2021.
\6\ As noted, Haiti was newly designated for TPS on August 3,
2021 for 18 months. See Designation of Haiti for Temporary Protected
Status, 86 FR 41863 (Aug. 3, 2021). On April 19, 2022, the Secretary
also newly designated Sudan TPS. See Designation of Sudan for
Temporary Protected Status, 87 FR 23202 (Apr. 19, 2022). Those
designations cover all Haitian and Sudanese nationals who were
eligible for TPS under the Haiti and Sudan TPS designations that
were terminated in 2018 and 2017, respectively.
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DHS has taken actions to ensure its continued compliance with the
court orders in Ramos and Bhattarai. DHS has published periodic notices
to continue TPS and extend the validity of TPS-related documentation
previously issued to beneficiaries under the TPS designations for El
Salvador, Haiti, Nepal, Sudan, Honduras, and Nepal.\7\ The most recent
such notice continued TPS and extended the TPS-related documents
specified in the notice through June 30, 2024.\8\ These extensions
apply where the TPS beneficiary properly filed for re-registration
during either the most recent DHS-announced registration period for
their country, or any applicable previous DHS-announced re-registration
periods for the beneficiary's country, or has a re-registration
application that remains pending.\9\ Although the notice published at
87 FR 68717 remains valid, individuals who wish to remain eligible for
TPS under the extension of TPS for Nepal announced in this notice
through June 24, 2025 and any potential future extensions must apply
for re-registration in accordance with the procedures announced in this
notice.\10\ Failure to timely re-reregister without good cause is a
ground for TPS withdrawal. See INA section 244(c)(3)(C), 8 U.S.C.
1254a(c)(3)(C); 8 CFR 244.17.
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\7\ 83 FR 54764 (Oct. 31, 2018); 84 FR 7103 (Mar. 1, 2019); 84
FR 20647(May 10, 2019) (correction notice issued at 84 FR 23578 (May
22, 2019)); 84 FR 59403 (Nov. 4, 2019); 85 FR 79208 (Dec. 9, 2020);
and 86 FR 50725 (Sept. 10, 2021) (correction notice issued at 86 FR
52694 (Sept. 22, 2021).
\8\ Continuation of Documentation for Beneficiaries of Temporary
Protected Status Designations of El Salvador, Haiti, Nicaragua,
Sudan, Honduras, and Nepal, 87 FR 68717 (Nov. 16, 2022).
\9\ Id., at 68719 note 5 (listing acceptable re-registration
periods for each of the 6 countries).
\10\ Through the re-registration process, which is generally
conducted every 12 to 18 months while a foreign state is designated
for TPS, USCIS determines whether each TPS beneficiary is continuing
to maintain individual eligibility for TPS, including but not
limited to the requirements related to disqualifying criminal or
security issues. Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 87 FR 68717, 68720 (Nov. 16,
2022) (noting potential future action for Nepal TPS beneficiaries
may include a requirement to re-register).
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What authority does the Secretary have to reconsider and rescind the
termination of TPS for Nepal?
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.\11\ 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).
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\11\ Although the text of INA section 244(b)(1) continues to
ascribe this power to the Attorney General, this authority is now
held by the Secretary of Homeland Security by operation of the
Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135.
See, e.g., 6 U.S.C. 557; Nielsen v. Preap, 139 S. Ct. 954, 959 n.2
(2019). 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. INA section 244(b)(1).
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At least 60 days before the expiration of a foreign state's TPS
designation, the Secretary, after consultation with appropriate U.S.
Government agencies, must review the conditions in the foreign state
designated for TPS to determine whether they continue to meet the
conditions for the TPS designation. See INA section 244(b)(3)(A), 8
U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign
state 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). If the Secretary does not determine that the foreign
state no longer meets the conditions for TPS designation, the
designation is 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).
On May 22, 2018, the Secretary of Homeland Security issued notice
of her decision that Nepal no longer continued to meet the conditions
for TPS designation and terminated TPS for Nepal, indicating that the
conditions for Nepal's 2015 designation for TPS on the basis of
environmental disaster due to the damage caused by the 2015 earthquake
were no longer met.\12\ The Secretary also announced an orderly
transition period of 12 months, such that the termination was set to go
into effect on June 24, 2019. However, as noted above plaintiffs in
Bhattarai filed suit challenging the termination decisions for Nepal
and Honduras. On March 12, 2019, the proceedings were stayed and the
parties stipulated that the termination decisions would not go into
effect during the pendency of the Ramos appeal of similar issues and
for at least 120 days thereafter. The district court also approved the
parties' stipulation that TPS and TPS-related documentation of affected
beneficiaries of the Nepal and Honduras TPS designations would continue
under terms similar to those applied to the Ramos-covered
beneficiaries. The order to stay proceedings and approval of the
stipulation remain in effect.\13\
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\12\ Termination of the Designation of Nepal for Temporary
Protected Status, 83 FR 23705 (May 22, 2018).
\13\ Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12,
2019).
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DHS has since issued a series of Federal Register notices
continuing TPS and TPS-related documentation for affected TPS
beneficiaries, with the most recent continuation notice effective
through until June 30, 2024.\14\ As a result, the termination of the
TPS designation for Nepal has never gone into effect, and TPS
beneficiaries under that designation have retained their TPS, unless it
has been individually
[[Page 40320]]
withdrawn pursuant to INA Sec. 244(c)(3), 8 U.S.C. 1254a(c)(3).
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\14\ See 84 FR 20647 (May 10, 2019) (correction notice issued at
84 FR 23578 (May 22, 2019)); (Nov. 4, 2019); (Dec. 9, 2020); and 86
FR 50725 (Sept. 10, 2021) (correction notice issued at 86 FR 52694
(Sept. 22, 2021)); and 87 FR 68717 (Nov. 16, 2022). DHS had
published previous notices to comply with the earlier preliminary
injunction order issued by the Ramos court. See 83 FR 54764 (Oct.
31, 2018); 84 FR 7103 (March 1, 2019).
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An agency has inherent (i.e. statutorily implicit) authority to
revisit its prior decisions unless Congress has expressly limited that
authority.\15\ The TPS statute does not limit the Secretary's inherent
authority to reconsider any TPS-related determination, and upon
reconsideration, to change the determination. See INA sections
244(b)(3), (b)(5)(A); 8 U.S.C. 1254a(b)(3), (b)(5)(A).
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\15\ Ivy Sports Medicine, LLC v. Burwell, 767 F.3d 81, 86 (D.C.
Cir. 2014) (Kavanaugh, J.); see, e.g., id. (``[A]dministrative
agencies are assumed to possess at least some inherent authority to
revisit their prior decisions, at least if done in a timely fashion.
. . . ``[I]nherent authority for timely administrative
reconsideration is premised on the notion that the power to
reconsider is inherent in the power to decide.'' (quotation marks
and citations omitted)); NRDC v. Regan, 67 F.4th 397, 401 (D.C. Cir.
2023) (``[A]lthough the power to decide is normally accompanied by
the power to reconsider, Congress undoubtedly can limit an agency's
discretion to reverse itself.'' (quotation marks omitted); Macktal
v. Chao, 286 F.3d 822, 825-26 (5th Cir. 2002) (``It is generally
accepted that in the absence of a specific statutory limitation, an
administrative agency has the inherent authority to reconsider its
decisions.'') (collecting cases); Mazaleski v. Treusdell, 562 F.2d
701, 720 (D.C. Cir. 1977) (``We have many times held that an agency
has the inherent power to reconsider and change a decision if it
does so within a reasonable period of time.''); see also Last Best
Beef, LLC v. Dudas, 506 F.3d 333, 340 (4th Cir. 2007) (agencies
possess especially ``broad authority to correct their prior
errors'').
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Why is the Secretary rescinding the previous termination of the TPS
designation for Nepal?
After conducting an independent assessment of the country
conditions in Nepal as they existed in 2018 and exist today, the
Secretary has determined that Nepal's 2015 TPS designation should not
have been terminated. As explained below, the conditions in Nepal that
gave rise to its TPS designation in 2015 persisted in 2018 and persist
to this day. Accordingly, the Secretary is, upon reconsideration,
rescinding the 2018 decision terminating Nepal's TPS designation and
extending that designation for an additional 18 months.
On April 25, 2015, an earthquake of magnitude 7.8 struck Nepal,
with the epicenter approximately 77 to 81 kilometers (km) northwest of
Kathmandu, Nepal's capital.\16\ Dozens of aftershocks followed,
including one of magnitude 7.3 on May 12, 2015.\17\ Over 8 million
people--roughly 25% to 33% of Nepal's population--were affected in 39
of Nepal's 75 districts.\18\ Over 2 million people lived in the 11 most
critically hit districts.\19\ In these districts, half of the
population was estimated to be affected.\20\ In response, Nepal was
designated for TPS for 18 months effective June 24, 2015.\21\
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\16\ More than 1900 killed by 7.8 magnitude quake in Nepal,
Washington Post, Apr. 26, 2015, available at: <a href="https://www.washingtonpost.com/world/magnitude-79-earthquake-hits-densely-populated-area-of-nepal/2015/04/25/1c1b3f46-eb21-11e4-9a6a-c1ab95a0600b_story.html">https://www.washingtonpost.com/world/magnitude-79-earthquake-hits-densely-populated-area-of-nepal/2015/04/25/1c1b3f46-eb21-11e4-9a6a-c1ab95a0600b_story.html</a> (last visited Mar. 10, 2023); UN Nepal
Earthquake Flash Appeal, U.N. Development Program, Jul. 28, 2017,
available at: <a href="https://www.undp.org/publications/un-nepal-earthquake-flash-appeal">https://www.undp.org/publications/un-nepal-earthquake-flash-appeal</a>; Nepal Earthquake Fact Sheet #8--May 4, 2015, U.S.
Agency for International Development, May 4, 2015, available at:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/<a href="https://2012-2017.usaid.gov/sites/default/files/documents/1866/nepal_eq_fs08_05-04-2015.pdf">https://2012-2017.usaid.gov/sites/default/files/documents/1866/nepal_eq_fs08_05-04-2015.pdf</a> (last visited Mar. 10, 2023).
\17\ Deadly aftershock rocks Nepal, CBS News, May 14, 2015,
available at: <a href="https://www.cbsnews.com/pictures/earthquake-rocks-nepal/">https://www.cbsnews.com/pictures/earthquake-rocks-nepal/</a> (last visited Mar. 10, 2023).
\18\ UN Nepal Earthquake Flash Appeal, U.N. Development Program,
Jul. 28, 2017, available at: <a href="https://www.undp.org/publications/un-nepal-earthquake-flash-appeal">https://www.undp.org/publications/un-nepal-earthquake-flash-appeal</a> (last accessed Mar. 10, 2023).
\19\ UN Nepal Earthquake Flash Appeal, U.N. Development Program,
Jul. 28, 2017, available at: <a href="https://www.undp.org/publications/un-nepal-earthquake-flash-appeal">https://www.undp.org/publications/un-nepal-earthquake-flash-appeal</a> (last accessed Mar. 10, 2023).
\20\ UN Nepal Earthquake Flash Appeal, U.N. Development Program,
Jul. 28, 2017, available at: <a href="https://www.undp.org/publications/un-nepal-earthquake-flash-appeal">https://www.undp.org/publications/un-nepal-earthquake-flash-appeal</a> (last accessed Mar. 10, 2023).
\21\ Designation of Temporary Protected Status for Nepal,
Federal Register, Jun. 24, 2015, available at: <a href="https://www.federalregister.gov/documents/2015/06/24/2015-15576/designation-of-nepal-for-temporary-protected-status">https://www.federalregister.gov/documents/2015/06/24/2015-15576/designation-of-nepal-for-temporary-protected-status</a> (last visited Mar. 10,
2023).
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At the time of the determination to terminate the designation of
TPS, DHS found that Nepal had made progress in reconstruction and that
the disruption in living conditions had decreased. While some progress
had been made in these areas, Nepal continued to experience significant
challenges due to the destruction caused by the earthquake and
subsequent landslides that hampered reconstruction that were not
sufficiently considered in the termination decision. These challenges
include continued internal displacement and problems in allocation of
reconstruction funds and assistance. Ongoing environmental disasters,
like landslides, that Nepal continued to experience, were also not
considered at the time of the termination decision. In 2017, Amnesty
International found that delays in allocation of earthquake relief
funds led to more than 70% of those living in the most seriously
damaged districts continuing to live in temporary shelters.\22\ This
lack of adequate protection from environmental changes negatively
impacted the health of earthquake survivors.\23\ In both 2017 and 2018,
the Department of State reported that the most vulnerable populations,
such as internally displaced people, stateless individuals, indigenous
people, and a large number of children remained in camps or informal
settlements and/or faced discrimination in receiving reconstruction
assistance while also acknowledging the government promoted their safe,
voluntary return and had policies in place to help them.\24\ A
comprehensive report from Human Rights Watch corroborated ``the country
is still far from recovery'' and that ``an already poor nation leaves
its most impoverished citizens without the support that could, and
should, be provided because of available resources.'' \25\ The
Kathmandu Post reported that ``a debilitating shortfall of necessary
funds, an initial shortage of reconstruction materials as a result of
the unofficial border blockade, the absence of a central coordinating
body, frequent changes in leadership, and the politicization of
reconstruction have resulted in snail paced-recovery efforts.'' \26\ A
2017 assessment on vulnerabilities found that Nepal lacks comprehensive
social vulnerability analyses and mapping which would directly
influence disaster preparedness.\27\ The assessment also found that
``Nepal's preparedness and policy interventions are not compatible with
the existing hazard, exposure, and risk perception level'' and this
``leads to losses every year''.\28\ In the weeks following the
earthquake, more than 4,300 landslides were mapped using spaceborne and
ground observations
[[Page 40321]]
and the likelihood of landslides remained due to the cyclical monsoon
season and unstable ground from the earthquake.\29\ In fact, a 2017
study found that landslides triggered by large earthquakes contribute
not only to earthquake losses but ``pose a major secondary hazard that
can persist for months or years.'' \30\ Even while Nepal worked to
reconstruct damaged infrastructure and homes, it continued to
experience earthquake aftershocks until August 24, 2017.\31\ These
assessments and reports highlight that while Nepal made some progress
in reconstruction, it continued to face environmental obstacles at the
time of the determination to terminate TPS that hindered meaningful
progress.
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\22\ Amnesty International, ``Building Inequality''--The failure
of the Nepali government to protect the marginalised in post-
earthquake reconstruction efforts, April 25, 2017, <a href="https://www.ecoi.net/en/file/local/1398796/1226_1493194920_asa3160712017english.pdf">https://www.ecoi.net/en/file/local/1398796/1226_1493194920_asa3160712017english.pdf</a> (accessed on April 6,
2023).
\23\ Id.
\24\ Country Report on Human Rights Practices 2017--Nepal, U.S.
Department of State, 20 April 2018, available at: <a href="https://www.ecoi.net/en/document/1430386.html">https://www.ecoi.net/en/document/1430386.html</a> (last visited April 6, 2023);
Country Report on Human Rights Practices 2018--Nepal, U.S.
Department of State, 13 March 2019, available at: <a href="https://www.ecoi.net/en/document/2004213.html">https://www.ecoi.net/en/document/2004213.html</a> (last visited Mar. 10, 2023).
\25\ Tejshree Thapa, Lessons for Nepal, Three Years After Deadly
Earthquake: Government Should Ensure Support for Survivors, Human
Rights Watch, April 25, 2018, available at: <a href="https://www.hrw.org/news/2018/04/25/lessons-nepal-three-years-after-deadly-earthquake">https://www.hrw.org/news/2018/04/25/lessons-nepal-three-years-after-deadly-earthquake</a>
(last visited Mar. 10, 2023).
\26\ Costs of Reconstruction, April 25, 2018, available at:
<a href="https://kathmandupost.com/editorial/2018/04/25/costs-of-reconstruction">https://kathmandupost.com/editorial/2018/04/25/costs-of-reconstruction</a>, (last visited: Mar. 10, 2023).
\27\ Gautam, Dipendra, Assessment of social vulnerability to
natural hazards in Nepal, Natural Hazards and Earth System Sciences,
Dec. 15, 2017, available at: <a href="https://nhess.copernicus.org/articles/17/2313/2017/nhess-17-2313-2017.pdf">https://nhess.copernicus.org/articles/17/2313/2017/nhess-17-2313-2017.pdf</a> (last visited: April 10, 2023).
\28\ Id.
\29\ When the Earth Shook, NASA, Nov. 28, 2017, available at:
<a href="https://appliedsciences.nasa.gov/our-impact/story/when-earth-shook">https://appliedsciences.nasa.gov/our-impact/story/when-earth-shook</a>
(last visited: April 10, 2023).
\30\ Jack Williams, et al., Satellite-based emergency mapping:
Landslides triggered by the 2015 Nepal earthquake, Natural Hazards
and Earth System Sciences, Jan. 16, 2018, available at: <a href="https://nhess.copernicus.org/preprints/nhess-2017-273/nhess-2017-273.pdf">https://nhess.copernicus.org/preprints/nhess-2017-273/nhess-2017-273.pdf</a>
(last visited: April 10, 2023).
\31\ Nepal Disaster Report 2017, Government of Nepal-Ministry of
Home Affairs, Dec. 2017, available at: <a href="http://drrportal.gov.np/uploads/document/1321.pdf">http://drrportal.gov.np/uploads/document/1321.pdf</a> (last visited: April 10, 2023).
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The conditions in Nepal at the time of the TPS termination
determination continued to substantially disrupt living conditions and
negatively affected the country's ability to adequately handle the
return of its nationals residing in the United States. At the time of
the determination to terminate TPS, Nepal continued to experience
challenges, including internal displacement, problems with
reconstruction fund distribution, and ongoing environmental disasters,
that were either insufficiently considered or not considered. The
Secretary has concluded that reconsideration and rescission of the
termination of TPS is timely, particularly given that the 2018
termination decision has not yet gone into effect.
What authority does the Secretary have to extend the designation of
Nepal for TPS?
As noted above, section 244(b) of the INA, 8 U.S.C. 1254a(b),
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 and instructs the Secretary to periodically review the country
conditions underpinning each designation and determined whether they
still exist, leading to either termination or extension of the TPS
designation. However, if the Secretary does not make a decision as to
either extension or termination, then INA section 244(b)(3)(C) requires
the automatic extension of the designation for six months (or 12 or 18
months in the Secretary's discretion).
Prior to the now-rescinded termination of the TPS designation for
Nepal, the most recent extension of the designation was due to end on
June 24, 2018.\32\ In light of the Secretary's reconsideration and
rescission of the May 22, 2018 decision to terminate the TPS
designation for Nepal, there is no longer any standing secretarial
determination that Nepal ``no longer meets the conditions for
designation'' under INA section 244(b)(1). Accordingly, with this
rescission of the prior termination, pursuant to INA section
244(b)(3)(C), and in the absence of an affirmative decision by any
Secretary to extend the designation for 12 or 18 months rather than the
automatic six months triggered by the statute, the TPS designation for
Nepal shall have been extended in consecutive increments of 6 months
between the date when the last designation extension was due to end on
June 24, 2018, and the effective date of the TPS extension announced in
this notice, December 25, 2023. Coupled with the existing Bhattarai
order and corresponding Federal Register notices continuing TPS and
TPS-related documentation for affected beneficiaries under the
designation for Nepal, this means that all such individuals whose TPS
has not been finally withdrawn for individual ineligibility are deemed
to have retained TPS since June 24, 2018 and may re-register under
procedures announced in this notice.
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\32\ See 81 FR 74470 (Oct. 26, 2016).
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Why is the Secretary extending the TPS designation for 18 months
through June 24, 2025?
While Nepal had been making progress on its recovery in the years
immediately following the 2015 earthquake, subsequent environmental
disasters, and the associated macroeconomic shocks, have impeded the
recovery process.
There continues to be a substantial disruption of living
conditions, including earthquakes and other environmental events that
continue to inflict damage on a population that has still not fully
recovered from the earthquake in 2015, and this has impacted Nepal's
ability to adequately handle the return of its nationals. Recent
earthquakes have caused considerable damage throughout Nepal and
impeded or reversed the progress the country had made since the 2015
earthquake. On November 9, 2022, a 5.6 magnitude earthquake in Western
Nepal killed six people living in mud and brick houses in Doti
District, 430 kilometers (270 miles) west of Kathmandu and affected 200
families.\33\ Shortly thereafter, on November 12, 2022, a second strong
earthquake followed in the Bajhang district.\34\ The International
Federation of Red Cross/Red Crescent Societies reported that as of
November 14, 2022, affected people were living in the open and were in
need of emergency shelter, as well as improved access to water,
sanitation and hygiene, psychosocial support and protection
services.\35\ As recently as January 24, 2023, another 5.9 magnitude
earthquake struck Bajura district in the Sudurpaschim province.\36\
Reports indicate that this earthquake resulted in damage to
approximately 400 houses and the displacement of over 40 families.\37\
A 2018 World Bank study based on interviews with displaced persons from
three villages indicated continuing vulnerabilities due to
environmental degradation.\38\ That study, conducted during the monsoon
season in 2018 (June to October), found that there were ``[i]ncreased
landslide risks due to road/tunnel constructions for hydropower
projects'' and that [p]eople in hazard-prone areas need[ed] safe/
adequate land through monsoon seasons.'' \39\ It also found that
``[a]nalysis
[[Page 40322]]
demonstrate[ed] that no clear relocation plan for displaced people
exist[ed], and that livelihood opportunities in new re-settlement areas
receiv[ed] no attention.'' \40\ Further, according to a 2021 study in
open access journal Progress in Disaster Science, mapping showed that
the landslide hazard in the fourteen worst-affected districts remained
significantly higher than on the day of the earthquake in 2015.\41\
While some areas experienced a degree of stabilization, new areas
experienced landslides and others continued to develop risk of
landslides.\42\ The study emphasized that it should be expected that
the levels of landslide risk in these areas will remain elevated for at
least ``several more years.'' \43\
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\33\ Doti Earthquake Response, NRCS, Nov. 18, 2022, available
at: <a href="https://reliefweb.int/report/nepal/doti-earthquake-response">https://reliefweb.int/report/nepal/doti-earthquake-response</a>
(last visited: Mar. 10, 2023).
\34\ Far Western Earthquake Response in Nepal DREF Application,
International Foundation of Red Cross/Red Crescent Societies, Nov.
18, 2022, available at: <a href="https://reliefweb.int/report/nepal/nepal-far-western-earthquake-response-nepal-dref-application-mdrnp013">https://reliefweb.int/report/nepal/nepal-far-western-earthquake-response-nepal-dref-application-mdrnp013</a>
(last visited Mar. 10, 2023).
\35\ Far Western Earthquake Response in Nepal DREF Application,
International Foundation of Red Cross/Red Crescent Societies, Nov.
18, 2022, available at: <a href="https://reliefweb.int/report/nepal/nepal-far-western-earthquake-response-nepal-dref-application-mdrnp013">https://reliefweb.int/report/nepal/nepal-far-western-earthquake-response-nepal-dref-application-mdrnp013</a>
(last visited Mar. 10, 2023).
\36\ 5.9 M earthquake with epicentre in Bajura recorded,
Kathmandu Post, Jan. 24, 2023, available at: <a href="https://kathmandupost.com/national/2023/01/24/5-9-m-earthquake-with-epicentre-in-bajura-recorded">https://kathmandupost.com/national/2023/01/24/5-9-m-earthquake-with-epicentre-in-bajura-recorded</a> (last visited Mar. 10, 2023).
\37\ HRRP Bulletin, Housing Recovery and Reconstruction
Platform--Nepal, Feb. 1, 2023, available at: <a href="https://reliefweb.int/report/nepal/nepal-hrrp-bulletin-31-january-2023">https://reliefweb.int/report/nepal/nepal-hrrp-bulletin-31-january-2023</a> (last visited Mar.
10, 2023).
\38\ Kerstin Rieger, Multi-hazards, displaced people's
vulnerability and resettlement: Post-earthquake experiences from
Rasuwa district in Nepal and their connections to policy loopholes
and reconstruction practices, Progress in Disaster Science, Oct.
2021, available at: <a href="https://www.sciencedirect.com/science/article/pii/S2590061721000478">https://www.sciencedirect.com/science/article/pii/S2590061721000478</a> (last visited Mar. 10, 2023).
\39\ Kerstin Rieger, Multi-hazards, displaced people's
vulnerability and resettlement: Post-earthquake experiences from
Rasuwa district in Nepal and their connections to policy loopholes
and reconstruction practices, Progress in Disaster Science, Oct.
2021, available at: <a href="https://www.sciencedirect.com/science/article/pii/S2590061721000478">https://www.sciencedirect.com/science/article/pii/S2590061721000478</a> (last visited Mar. 10, 2023).
\40\ Kerstin Rieger, Multi-hazards, displaced people's
vulnerability and resettlement: Post-earthquake experiences from
Rasuwa district in Nepal and their connections to policy loopholes
and reconstruction practices, Progress in Disaster Science, Oct.
2021, available at: <a href="https://www.sciencedirect.com/science/article/pii/S2590061721000478">https://www.sciencedirect.com/science/article/pii/S2590061721000478</a> (last visited Mar. 10, 2023).
\41\ Nick Rosser, et al., Changing significance of landslide
hazard and risk after the 2015 Mw 7.8 Gorkha, Nepal Earthquake,
Progress in Disaster Science, April 2021, available at: <a href="https://www.sciencedirect.com/science/article/pii/S2590061721000193">https://www.sciencedirect.com/science/article/pii/S2590061721000193</a> (last
visited: Mar. 10, 2023).
\42\ Nick Rosser, et al., Changing significance of landslide
hazard and risk after the 2015 Mw 7.8 Gorkha, Nepal Earthquake,
Progress in Disaster Science, April 2021, available at: <a href="https://www.sciencedirect.com/science/article/pii/S2590061721000193">https://www.sciencedirect.com/science/article/pii/S2590061721000193</a> (last
visited: Mar. 10, 2023).
\43\ Nick Rosser, et al., Changing significance of landslide
hazard and risk after the 2015 Mw 7.8 Gorkha, Nepal Earthquake,
Progress in Disaster Science, April 2021, available at: <a href="https://www.sciencedirect.com/science/article/pii/S2590061721000193">https://www.sciencedirect.com/science/article/pii/S2590061721000193</a> (last
visited: Mar. 10, 2023).
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Both droughts and heavy monsoon floods, made more frequent by
climate change, have drastically increased food insecurity in areas of
the country that were most heavily affected by the 2015 earthquake
while also significantly slowing Nepal's reconstruction efforts by
causing increasingly severe damage to existing infrastructure.\44\ In
December 2022, UNICEF published a report indicating that the prolonged
monsoon season triggered disasters, including floods and landslides,
claiming more than 1,200 lives and affecting over 2,321 households
across the country in the previous year.\45\
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\44\ Sangam Prasain and Mohan Budhaair, Fertiliser shortage,
drought, heat wave threaten Nepal's farming future, Asia News
Network, Aug. 31, 2022, available at: <a href="https://asianews.network/fertiliser-shortage-drought-heat-wave-threaten-nepals-farming-future/">https://asianews.network/fertiliser-shortage-drought-heat-wave-threaten-nepals-farming-future/</a> (last visited: Mar. 10, 2023); Nepal Development Update,
World Bank Group, Oct. 6, 2022, available at: <a href="https://thedocs.worldbank.org/en/doc/a27ca3a08e77befb785fc6742708a56c-0310012022/original/Nepal-Development-Update-October-2022.pdf">https://thedocs.worldbank.org/en/doc/a27ca3a08e77befb785fc6742708a56c-0310012022/original/Nepal-Development-Update-October-2022.pdf</a> (last
visited: Mar. 10, 2023); Poudel S, Funakawa S, Shinjo H., Household
Perceptions about the Impacts of Climate Change on Food Security in
the Mountainous Region of Nepal, Sustainability, 2017, <a href="https://doi.org/10.3390/su9040641">https://doi.org/10.3390/su9040641</a> (last visited Mar. 31, 2023); 2015 Nepal
Earthquake: Facts, FAQS, and how to help, World Vision, April 3,
2018, https://www.worldvision.org/disaster-relief-news-stories/2015-
nepal-earthquake-
facts#:~:text=by%20Crislyn%20FelisildaWhere%20did%20the%202015%20Nepa
l%20earthquake%20strike%3F,%2C%20Bangladesh%2C%20and%20southern%20Tib
et (last visited Mar. 31, 2023).
\45\ Nepal Humanitarian Situation Report No. 3, 1 January--30
December 2022, UNICEF, Dec. 30, 2022, available at: <a href="https://reliefweb.int/report/nepal/unicef-nepal-humanitarian-situation-report-no-3-1-january-30-december-2022">https://reliefweb.int/report/nepal/unicef-nepal-humanitarian-situation-report-no-3-1-january-30-december-2022</a> (last visited Feb. 10, 2023).
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Furthermore, Nepal continues to experience housing insecurity after
the 2015 earthquake that is evidence of the continued disruption in
living conditions that temporarily impacts the country's ability to
handle the return of its nationals granted TPS. Nepal's National
Reconstruction Authority (NRA) was disbanded on December 26, 2021,
despite the fact that it had not fully completed reconstruction of
damage caused by the 2015 earthquake.\46\ Local news reports indicate
that a delay in the release of NRA funding led to incomplete
settlements being built, leaving people without homes or with partly
completed dwellings that lacked roofs and other necessities.\47\
Incomplete rebuilding is more prevalent in areas where poor and
vulnerable populations live.\48\ This has led to many internally
displaced persons (IDP) remaining in camps or informal settlements
because their homes were not rebuilt or remain vulnerable to
environmental disasters, or because they did not hold title to the
homes they were living in at the time of the 2015 earthquake.\49\
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\46\ See e.g., Tika Prasad Bhatta, Integrated settlements meant
for earthquake victims left incomplete in Ramechhap, The Kathmandu
Post, Feb. 15, 2021, available at: <a href="https://kathmandupost.com/province-no-3/2021/02/15/integrated-settlements-meant-for-earthquake-victims-left-incomplete-in-ramechhap">https://kathmandupost.com/province-no-3/2021/02/15/integrated-settlements-meant-for-earthquake-victims-left-incomplete-in-ramechhap</a> (last visited: Mar.
10, 2023); Rastriya Samachar Samiti, NRA's term comes to an end, The
Himalayan Times, available at: <a href="https://thehimalayantimes.com/nepal/nras-term-comes-to-an-end">https://thehimalayantimes.com/nepal/nras-term-comes-to-an-end</a> (last visited: Mar. 10, 2023).
\47\ Tika Prasad Bhatta, Integrated settlements meant for
earthquake victims left incomplete in Ramechhap, The Kathmandu Post,
Feb. 15, 2021, available at: <a href="https://kathmandupost.com/province-no-3/2021/02/15/integrated-settlements-meant-for-earthquake-victims-left-incomplete-in-ramechhap">https://kathmandupost.com/province-no-3/2021/02/15/integrated-settlements-meant-for-earthquake-victims-left-incomplete-in-ramechhap</a> (last visited: Mar. 10, 2023)
\48\ See e.g., Tika Prasad Bhatta, Integrated settlements meant
for earthquake victims left incomplete in Ramechhap, The Kathmandu
Post, Feb. 15, 2021, available at: <a href="https://kathmandupost.com/province-no-3/2021/02/15/integrated-settlements-meant-for-earthquake-victims-left-incomplete-in-ramechhap">https://kathmandupost.com/province-no-3/2021/02/15/integrated-settlements-meant-for-earthquake-victims-left-incomplete-in-ramechhap</a> (last visited: Mar.
10, 2023); The poorest are the hardest hit in rural Nepal, World
Bank Blogs, May 05, 2015, <a href="https://blogs.worldbank.org/endpovertyinsouthasia/poorest-are-hardest-hit-rural-nepal">https://blogs.worldbank.org/endpovertyinsouthasia/poorest-are-hardest-hit-rural-nepal</a> (last
visited Mar. 31, 2023).
\49\ 2022 Country Report on Human Rights Practices: Nepal, US
Department of State, March 20, 2023, <a href="https://www.ecoi.net/en/document/2089245.html">https://www.ecoi.net/en/document/2089245.html</a> (last visited: April 6, 2023).
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In addition to the subsequent environmental events following the
2015 earthquake, Nepal continues to experience serious food insecurity,
health-infrastructure concerns, and agricultural instability that
render Nepal temporarily unable to handle the return of its nationals
granted TPS. An August 2020 NIH article noted that Nepal's ``already
strained health system was worsened'' by the 2015 earthquakes and
highlighted the continuing impact of the earthquakes on vulnerable
populations, which were further impacted by COVID.\50\ Additionally, a
2021 Penn State Department of Agricultural Sciences study found that
heavy monsoon rains compounded food insecurity in areas most affected
by the 2015 earthquake, likely due to increased landslides, which
damaged roads, disrupted distribution of food aid, and destroyed
agricultural land and assets.\51\
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\50\ Bipin Adhikari, et al., Earthquake rebuilding and response
to COVID-19 in Nepal, a country nestled in multiple crises, Journal
of Global Health, Aug. 23, 2020, available at: <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7567410">https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7567410</a> (last visited: Mar. 10,
2023).
\51\ Heather Randell, et al., Food insecurity and compound
environmental shocks in Nepal: Implications for a changing climate,
World Development, September 2021, available at: <a href="https://www.sciencedirect.com/science/article/abs/pii/S0305750X21001236">https://www.sciencedirect.com/science/article/abs/pii/S0305750X21001236</a>
(last visited: Mar. 10, 2023).
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In October 2022, Nepal experienced widespread damage in many
regions as a result of flooding and landslides that occurred after
heavy rainfall.\52\ In Lumbini Province alone, more than 8,000
households were impacted by flooding with over 1,000 displaced.\53\ As
a result of floods, at least 33 people died, while at least 22 people
remain missing.\54\ The flooding and numerous landslides resulting from
the storm destroyed critical infrastructure,
[[Page 40323]]
including sections of major highways and market access roads, all of
which continue to further affect food security and impede post-
earthquake recovery in these especially vulnerable areas.\55\
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\52\ Nepal: Disruptions due to flooding and landslides ongoing
in multiple regions as of Oct. 11, Crisis24, Oct. 11, 2022,
available at: <a href="https://crisis24.garda.com/alerts/2022/10/nepal-disruptions-due-to-flooding-and-landslides-ongoing-in-multiple-regions-as-of-oct-11">https://crisis24.garda.com/alerts/2022/10/nepal-disruptions-due-to-flooding-and-landslides-ongoing-in-multiple-regions-as-of-oct-11</a> (last visited: Mar. 10, 2023).
\53\ Nepal: Disruptions due to flooding and landslides ongoing
in multiple regions as of Oct. 11, Crisis24, Oct. 11, 2022,
available at: <a href="https://crisis24.garda.com/alerts/2022/10/nepal-disruptions-due-to-flooding-and-landslides-ongoing-in-multiple-regions-as-of-oct-11">https://crisis24.garda.com/alerts/2022/10/nepal-disruptions-due-to-flooding-and-landslides-ongoing-in-multiple-regions-as-of-oct-11</a> (last visited: Mar. 10, 2023).
\54\ At least 33 killed in Nepal flooding and landslides, BBC,
Oct. 12, 2022, available at: <a href="https://www.bbc.com/news/world-asia-63224454">https://www.bbc.com/news/world-asia-63224454</a> (last visited: Mar. 10, 2023).
\55\ Sunir Pandey, Flooding affects millions in Bangladesh,
India and Nepal, UNICEF, Aug. 21, 2017, available at: <a href="https://www.unicef.org/stories/flooding-affects-millions-bangladesh-india-and-nepal">https://www.unicef.org/stories/flooding-affects-millions-bangladesh-india-and-nepal</a> (last visited Mar. 10, 2023).
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The destruction of agricultural lands and disruption of supply
chains due to these road blockages have resulted in shortages and price
increases of key staples. This has exacerbated recent dramatic rises in
the price of key staples resulting from Russia's war on Ukraine,\56\
which has resulted in global food, fuel, and fertilizer shortages and
rising food prices around the world, which have impacted Nepal with
particular severity.\57\ The war has posed new threats to Nepal's food
security and economy, both of which have struggled to stabilize under
the impacts of the COVID-19 pandemic, environmental shocks, and above-
average global food prices.\58\ While food security conditions in Nepal
have improved in recent years, ``nearly 3.9 million people--
approximately 13 percent of the country's population--were experiencing
food insecurity as of June 2022. . . Additionally, an estimated 33
percent of Nepali children ages 6-23 months did not meet the
recommended minimum standards for dietary diversity and nutrient
intake.'' \59\
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\56\ See e.g., Lekhanath Pandey Kathmandu, Ukraine conflict
intensifies Nepal's economic woes, DW, April 15, 2022, available at:
<a href="https://www.dw.com/en/ukraine-conflict-intensifies-nepals-economic-woes/a-61488700">https://www.dw.com/en/ukraine-conflict-intensifies-nepals-economic-woes/a-61488700</a> (last visited Mar. 10, 2023).
\57\ See e.g., Lekhanath Pandey Kathmandu, Ukraine conflict
intensifies Nepal's economic woes, DW, April 15, 2022, available at:
<a href="https://www.dw.com/en/ukraine-conflict-intensifies-nepals-economic-woes/a-61488700">https://www.dw.com/en/ukraine-conflict-intensifies-nepals-economic-woes/a-61488700</a> (last visited Mar. 10, 2023).
\58\ See e.g., Lekhanath Pandey Kathmandu, Ukraine conflict
intensifies Nepal's economic woes, DW, April 15, 2022, available at:
<a href="https://www.dw.com/en/ukraine-conflict-intensifies-nepals-economic-woes/a-61488700">https://www.dw.com/en/ukraine-conflict-intensifies-nepals-economic-woes/a-61488700</a> (last visited Mar. 10, 2023); Kristine Eck, Nepal in
2021: From Bad to Worse, University of California Press, Feb. 09,
2022, <a href="https://doi.org/10.1525/as.2022.62.1.19">https://doi.org/10.1525/as.2022.62.1.19</a> (last visited Mar. 31,
2023).
\59\ Nepal Assistance Overview, USAID Bureau for Humanitarian
Assistance, November 2022, available at: <a href="https://www.usaid.gov/humanitarian-assistance/nepal">https://www.usaid.gov/humanitarian-assistance/nepal</a> (last visited Mar. 17, 2023).
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The global fertilizer shortage resulting from the Ukraine conflict
has left Nepal, a country heavily reliant on imports, unable to supply
the necessary fertilizers for its farmers.\60\ A significant portion of
this year's agricultural productivity was lost before the planting
season even began, with many farmers opting not to plant, given the
challenges with obtaining sufficient fertilizer to make commercial
farming feasible.\61\
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\60\ Sangam Prasain, et al., Farmers reduce acreage for lack of
adequate fertilizer, The Kathmandu Post, July 29, 2022, available
at: <a href="https://kathmandupost.com/money/2022/07/29/farmers-reduce-acreage-for-lack-of-adequate-fertiliser">https://kathmandupost.com/money/2022/07/29/farmers-reduce-acreage-for-lack-of-adequate-fertiliser</a> (last visited Mar. 10,
2023); Sangam Prasain, Crippling fertiliser shortage clouds Paddy
Day celebrations for thousands of farmers, The Kathmandu Post, June
29, 2022, available at: <a href="https://kathmandupost.com/money/2022/06/29/crippling-fertiliser-shortage-clouds-paddy-day-celebrations-for-thousands-of-farmers">https://kathmandupost.com/money/2022/06/29/crippling-fertiliser-shortage-clouds-paddy-day-celebrations-for-thousands-of-farmers</a> (last visited Mar. 10, 2023); Sangam Prasain
and Mohan Budhaair, Fertiliser shortage, drought, heat wave threaten
Nepal's farming future, The Kathmandu Post, Aug. 31, 2022, available
at: <a href="https://asianews.network/fertiliser-shortage-drought-heat-wave-threaten-nepals-farming-future/">https://asianews.network/fertiliser-shortage-drought-heat-wave-threaten-nepals-farming-future/</a>(last visited Mar. 10, 2023).
\61\ Sangam Prasain, et al., Farmers reduce acreage for lack of
adequate fertilizer, The Kathmandu Post, July 29, 2022, available
at: <a href="https://kathmandupost.com/money/2022/07/29/farmers-reduce-acreage-for-lack-of-adequate-fertiliser">https://kathmandupost.com/money/2022/07/29/farmers-reduce-acreage-for-lack-of-adequate-fertiliser</a> (last visited: Mar. 10,
2023); Sangam Prasain, Crippling fertiliser shortage clouds Paddy
Day celebrations for thousands of farmers, The Kathmandu Post, June
29, 2022, available at: <a href="https://kathmandupost.com/money/2022/06/29/crippling-fertiliser-shortage-clouds-paddy-day-celebrations-for-thousands-of-farmers">https://kathmandupost.com/money/2022/06/29/crippling-fertiliser-shortage-clouds-paddy-day-celebrations-for-thousands-of-farmers</a> (last visited: Mar. 10, 2023); Sangam Prasain
and Mohan Budhaair, Fertiliser shortage, drought, heat wave threaten
Nepal's farming future, The Kathmandu Post, Aug. 31, 2022, available
at: <a href="https://asianews.network/fertiliser-shortage-drought-heat-wave-threaten-nepals-farming-future/">https://asianews.network/fertiliser-shortage-drought-heat-wave-threaten-nepals-farming-future/</a>(last visited: Mar. 10, 2023).
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Rising inflation, currently at a new, six-year high of 8.64 percent
in September, and fuel prices that have remained about 50% higher this
year have already contributed to growing food prices and heightened
risk of food insecurity.\62\ Prices have risen across nearly all
commodities, and the cost of the household food basket is around 10%
higher nationally than a year ago, and as much as 27% higher in some of
the most isolated and disaster-affected regions, raising concerns about
the immediate and longer-term impacts on Nepal's economic growth,
stability, and food security.\63\ High inflation rates and recent
interest rate hikes by Nepal's central bank compound the effects of an
ongoing liquidity crunch, constraining access to finance and hampering
economic growth and completion of water projects that would address
Nepal's environmental vulnerabilities.\64\ Given the high level of
household-level poverty and the high share of food spending--
representing as much as two-thirds of the total income for poor
families--the ongoing war and food inflation will continue to stress an
already volatile food security and nutrition situation.\65\ A 2021
UNICEF report indicated that 17.4 percent of Nepalese are poor on a
multidimensional poverty index, so over one in six Nepalese--five
million people--are under serious threat due to ongoing food inflation
on top of previous economic and environmental stressors.\66\
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\62\ Nepal Multidimensional Poverty Index 2021: Report, UNICEF,
Sept. 2021, available at: <a href="https://www.unicef.org/nepal/reports/nepal-multidimensional-poverty-index-2021-report">https://www.unicef.org/nepal/reports/nepal-multidimensional-poverty-index-2021-report</a> (last visited Mar.
10, 2023).
\63\ Nepal Multidimensional Poverty Index 2021: Report, UNICEF,
Sept. 2021, available at: <a href="https://www.unicef.org/nepal/reports/nepal-multidimensional-poverty-index-2021-report">https://www.unicef.org/nepal/reports/nepal-multidimensional-poverty-index-2021-report</a> (last visited Mar.
10, 2023).
\64\ Nepal Multidimensional Poverty Index 2021: Report, UNICEF,
Sept. 2021, available at: <a href="https://www.unicef.org/nepal/reports/nepal-multidimensional-poverty-index-2021-report">https://www.unicef.org/nepal/reports/nepal-multidimensional-poverty-index-2021-report</a> (last visited Mar.
10, 2023); Development projects suffer from funds crunch as
government revenue takes hit, The Kathmandu Post, <a href="https://kathmandupost.com/national/2023/01/05/development-projects-suffer-from-funds-crunch-as-government-revenue-takes-hit">https://kathmandupost.com/national/2023/01/05/development-projects-suffer-from-funds-crunch-as-government-revenue-takes-hit</a> (last visited Mar.
31, 2023).
\65\ Nepal Multidimensional Poverty Index 2021: Report, UNICEF,
Sept. 2021, available at: <a href="https://www.unicef.org/nepal/reports/nepal-multidimensional-poverty-index-2021-report">https://www.unicef.org/nepal/reports/nepal-multidimensional-poverty-index-2021-report</a> (last visited Mar.
10, 2023).
\66\ Nepal Multidimensional Poverty Index 2021: Report, UNICEF,
Sept. 2021, available at: <a href="https://www.unicef.org/nepal/reports/nepal-multidimensional-poverty-index-2021-report">https://www.unicef.org/nepal/reports/nepal-multidimensional-poverty-index-2021-report</a> (last visited: Nov.
22, 2022).
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Due to the triple threat of global economic effects, dire
environmental shocks, and the lingering impacts of the COVID-19
pandemic, more poor households are expected to slip into poverty across
the country, erasing years of hard-won development gains.\67\ According
to the International Food Policy Research Institute (IFPRI), Nepal's
poverty rate is expected to rise by 4.5 percent, pushing more than 1.27
million people into poverty this year.\68\ Labor migration emerges as a
primary coping strategy for Nepalese during times of hardship, with
households and the economy relying heavily on remittances.\69\
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\67\ Xinshen Diao, et al., Nepal: Impacts of the Ukraine and
Global Crises on Poverty and Food Security, International Food
Policy Research, July 7, 2022, available at: <a href="https://ebrary.ifpri.org/utils/getfile/collection/p15738coll2/id/135953/filename/136162.pdf">https://ebrary.ifpri.org/utils/getfile/collection/p15738coll2/id/135953/filename/136162.pdf</a> (last visited Mar. 10, 2023).
\68\ Xinshen Diao, et al., Nepal: Impacts of the Ukraine and
Global Crises on Poverty and Food Security, International Food
Policy Research, July 7, 2022, available at: <a href="https://ebrary.ifpri.org/utils/getfile/collection/p15738coll2/id/135953/filename/136162.pdf">https://ebrary.ifpri.org/utils/getfile/collection/p15738coll2/id/135953/filename/136162.pdf</a> (last visited: Dec. 8, 2022).
\69\ Sangam Prasain, Remittance hits Rs961 billion, an all-time
high in the time of Covid-19, The Kathmandu Post, Aug. 22, 2021,
available at: <a href="https://kathmandupost.com/money/2021/08/22/remittance-hits-rs961-billion-an-all-time-high-in-the-time-of-covid-19">https://kathmandupost.com/money/2021/08/22/remittance-hits-rs961-billion-an-all-time-high-in-the-time-of-covid-19</a> (last
visited: Mar. 10, 2023); Rohan Byanjankar and Mira Sakha, Impact of
Remittances on Rural Poverty in Nepal: Evidence from Cross-Section
Data, NRB, Aug. 2021, available at: <a href="https://www.nrb.org.np/contents/uploads/2021/08/NRB-WP-53-Impact-of-Remittances-Rohan-and-Mira-1.pdf">https://www.nrb.org.np/contents/uploads/2021/08/NRB-WP-53-Impact-of-Remittances-Rohan-and-Mira-1.pdf</a>
(last visited: Nov. 22, 2022).
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In summary, Nepal's slow recovery after the 2015 earthquake and
more recent environmental disasters, including devastating floods,
further earthquakes, and landslides, continue to
[[Page 40324]]
disrupt living conditions and render Nepal temporarily unable to handle
the return of those granted TPS. Since the disastrous earthquake in
2015, Nepal has continued to be encumbered by significant environmental
events that have hindered Nepal's recovery. The subsequent
environmental disasters and the associated macroeconomic shocks have
impeded the recovery process, and as a result, there continues to be a
substantial disruption of living conditions. Soaring food and fuel
prices further exacerbate the situation. Nepal continues to lack the
infrastructure and capacity to adequately handle the return of Nepalese
nationals (as well as others with no nationality who last habitually
resided there) who were granted TPS under the 2015 designation and are
currently residing in the United States.
Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
<bullet> The conditions supporting Nepal's designation for TPS
continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
<bullet> There has been an earthquake, flood, drought, epidemic, or
other environmental disaster in Nepal resulting in a substantial, but
temporary, disruption of living conditions in the area affected; Nepal
is unable, temporarily, to handle adequately the return of its
nationals; and Nepal has officially requested designation of TPS. See
INA section 244(b)(1)(B)(i), 8 U.S.C. 1254a(b)(1)(B)(i);
<bullet> The designation of Nepal for TPS should be extended for an
18-month period, beginning on December 25, 2023, and ending on June 24,
2025. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
<bullet> There are approximately 14,500 current Nepal TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
Notice of the Rescission of TPS Termination and Extension and
Redesignation of Nepal for TPS
Pursuant to my lawful authorities, including under sections 103(a)
and 244 of the Immigration and Nationality Act, I am hereby rescinding
the termination of the TPS designation of Nepal announced in the
Federal Register at 83 FR 23705 (May 2018). Due to this rescission and
pursuant to section 244(b)(3)(C) as well as the ongoing stay of
proceedings order and approval of the parties' stipulation in
Bhattarai, the TPS designation of Nepal has continued to exist since
June 24, 2018, without a standing secretarial determination as to
whether TPS should be extended or terminated. TPS beneficiaries under
the designation, whose TPS has not been finally withdrawn for
individual ineligibility, therefore have continued to maintain their
TPS since June 24, 2018.
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 Nepal's designation for TPS on the basis of environmental
disaster are met. See INA section 244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B)
and section 244(b)(3)(A); 8 U.S.C. 1254a(b)(3)(A). On the basis of this
determination, I am extending the existing designation of Nepal for TPS
for 18 months, beginning on December 25, 2023, and ending on June 24,
2025. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Individuals holding TPS under the designation of Nepal may file to
reregister for TPS under the procedures announced in this notice if
they wish to continue their TPS under this 18-month extension.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees to Re-Register for TPS
To re-register for TPS based on the designation of Nepal, you must
submit a Form I-821, Application for Temporary Protected Status during
the 60-day reregistration period that begins on October 24, 2023 and
ends on December 23, 2023. There is no Form I-821 fee for re-
registration. See 8 CFR 244.17. 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 who have a Nepal TPS application (Form I-821) that was
still pending as of June 21, 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 June 24, 2025.
Required Application Forms and Application Fees to Obtain an EAD
Every employee must provide their employer with documentation
showing they have a legal right to work in the United States. TPS
beneficiaries are authorized to work in the United States and are
eligible for an EAD which proves their employment authorization. If you
have an existing EAD issued under the TPS designation of Nepal that has
been auto-extended through June 30, 2024, by the notice published at 87
FR 68717, you may continue to use that EAD through that date. If you
want to obtain a new EAD valid through June 24, 2025, you must file an
Application for Employment Authorization (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).
You may, but are not required to, submit Form I-765, Application
for Employment Authorization, with your Form I-821 re-registration
application. If you do not want a new EAD now, you can request one
later by filing your I-765 and paying the fee (or requesting a fee
waiver) at that time, provided you have TPS or a pending TPS
application. If you have TPS and only a pending Form I-765, you must
file the Form I-821 to reregister for TPS or risk having your TPS
withdrawn for failure to reregister without good cause.
Information About Fees and Filing
USCIS offers the option to applicants for TPS under Nepal'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.\70\ To file these forms online, you must first create a
USCIS online account.\71\
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\70\ 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>.
\71\ <a href="https://myaccount.uscis.gov/users/sign_up">https://myaccount.uscis.gov/users/sign_up</a>.
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Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Form I-821, Application for Temporary Protected
Status and Form I-765, Application for Employment Authorization, Form
I-912, Request for Fee Waiver, if applicable, and supporting
documentation to the proper address in Table 1.
[[Page 40325]]
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you live in: Then mail your application to:
------------------------------------------------------------------------
<bullet> Connecticut USCIS Elgin Lockbox.
<bullet> Delaware U.S. Postal Service (USPS): USCIS, Attn:
<bullet> District of TPS Nepal, P.O. Box 4091, Carol Stream,
Columbia IL 60197-4091.
<bullet> Maine FedEx, UPS, or DHL: USCIS, Attn: TPS Nepal
<bullet> Maryland (Box 4091), 2500 Westfield Drive, Elgin,
<bullet> Massachusetts IL 60124-7836.
<bullet> New Hampshire
<bullet> New York
<bullet> North Carolina
<bullet> Pennsylvania
<bullet> Rhode Island
<bullet> Texas
<bullet> Vermont
<bullet> Virginia
<bullet> West Virginia
------------------------------------------------------------------------
<bullet> Alabama USCIS Phoenix Lockbox.
<bullet> Alaska U.S. Postal Service (USPS): USCIS, Attn:
<bullet> American Samoa TPS Nepal, P.O. Box 21800, Phoenix, AZ
<bullet> Arizona 85036-1800.
<bullet> Arkansas FedEx, UPS, or DHL: USCIS, Attn: TPS Nepal
<bullet> California (Box 21800), 2108 E. Elliot Rd., Tempe,
<bullet> Colorado AZ 85284-1806.
<bullet> Florida
<bullet> Georgia
<bullet> Guam
<bullet> Hawaii
<bullet> Idaho
<bullet> Louisiana
<bullet> Mississippi
<bullet> Montana
<bullet> Nevada
<bullet> New Mexico
<bullet> Northern Mariana
Islands
<bullet> Oklahoma
<bullet> Oregon
<bullet> Puerto Rico
<bullet> South Carolina
<bullet> Utah
<bullet> Virgin Islands
<bullet> Washington
<bullet> Wyoming
------------------------------------------------------------------------
<bullet> Illinois USCIS Chicago Lockbox.
<bullet> Indiana U.S. Postal Service (USPS): USCIS, Attn:
<bullet> Iowa TPS Nepal, P.O. Box 6943, Chicago, IL
<bullet> Kansas 60680-6943.
<bullet> Kentucky FedEx, UPS, or DHL: USCIS, Attn: TPS Nepal
<bullet> Michigan (Box 6943), 131 S. Dearborn St., 3rd
<bullet> Minnesota Floor, Chicago, IL 60603-5517.
<bullet> Missouri
<bullet> Nebraska
<bullet> North Dakota
<bullet> Ohio
<bullet> South Dakota
<bullet> Tennessee
<bullet> Wisconsin
------------------------------------------------------------------------
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 ``Nepal.''
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
[[Page 40326]]
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 provided in
821, Application for Temporary Protected Table 1.
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
the U.S. Postal Service (USPS): 75266-0867.
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
approved Form I-821, and you are using S. State Hwy. 121 Business,
FedEx, UPS, or DHL: Ste. 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>.
Refiling a TPS Re-Registration Application After Receiving a Denial of
a Fee Waiver Request
You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue
your EAD promptly, if one has been requested. Properly filing early
will also allow you to have time to refile your application before the
deadline, should USCIS deny your fee waiver request. The fee waiver
denial notice will contain specific instructions about resubmitting
your application. However, you are urged to refile within 45 days of
the date on any USCIS fee waiver denial notice, if possible. 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="http://www.uscis.gov/tps">www.uscis.gov/tps</a>.
Note: A re-registering TPS beneficiary age 14 and older must
pay the biometric services fee (but not the Form I-821 fee), or
request a fee waiver, when filing a TPS re-registration application.
As discussed above, 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 biometrics services fee, if applicable, (or
request a fee waiver).
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).
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.
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 June 24, 2025, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
[[Page 40327]]
Can my employer require that I provide any other documentation such as
evidence of my status or proof of my Nepalese citizenship or a Form I-
797C showing that I registered for TPS for Form I-9 completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C receipt.
Employers need not reverify List B identity documents. Employers may
not request proof of Nepalese citizenship or proof of registration for
TPS when completing Form I-9 for new hires or reverifying the
employment authorization of current employees. 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. Employers can refer to the compliance
notice that DHS published on November 16, 2022, for information on how
to complete the Form I-9 with TPS EADs that DHS extended through June
30, 2024.\72\
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\72\ Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 87 FR 68717 (Nov. 16, 2022).
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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#0d4420344e6863797f6c614d787e6e647e2369657e236a627b"><span class="__cf_email__" data-cfemail="2c6501156f4942585e4d406c595f4f455f0248445f024b435a">[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="e5aca0b7a59096818a8fcb828a93">[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#440d697d07212a30362528043137272d376a202c376a232b32"><span class="__cf_email__" data-cfemail="8bc2a6b2c8eee5fff9eae7cbfef8e8e2f8a5efe3f8a5ece4fd">[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 result
means that the information entered into E-Verify from Form I-9 differs
from records available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
mismatch while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
confirm an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at <a href="https://www.justice.gov/crt/immigrant-and-employee-rights-section">https://www.justice.gov/crt/immigrant-and-employee-rights-section</a> and the USCIS and E-Verify
websites at <a href="https://www.uscis.gov/i-9-central">https://www.uscis.gov/i-9-central</a> and <a href="https://www.e-verify.gov">https://www.e-verify.gov</a>.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
This Federal Register Notice does not invalidate the compliance
notice DHS issued on November 16, 2022, which extended the validity of
certain TPS documentation through June 30, 2024 and does not require
individuals to present a Form I-797, Notice of Action. While Federal
Government agencies must follow the guidelines laid out by the Federal
Government, State and local government agencies establish their own
rules and guidelines when granting certain benefits. Each state may
have different laws, requirements, and determinations about what
documents you need to provide to prove eligibility for certain
benefits. Whether you are applying for a Federal, State, or local
government benefit, you may need to provide the government agency with
documents that show you are a TPS beneficiary, show you are authorized
to work based on TPS or other status, or that may be used by DHS to
determine if you have TPS or another immigration status. Examples of
such documents are:
<bullet> Your current EAD with a TPS category code of A-12 or C-19,
even if your country of birth noted on the EAD does not reflect the TPS
designated country of Nepal; or
<bullet> Your Form I-94, Arrival/Departure Record or Form I-797,
Notice of Action, as shown in the Federal Register notice published at
87 FR 68717.
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. It may also
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 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
[[Page 40328]]
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 any
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 correct or update your
immigration record, make an appointment, or submit a written request to
correct records.
[FR Doc. 2023-13019 Filed 6-20-23; 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 June 21, 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.