Notice2023-17877
Extension and Redesignation of Sudan for Temporary Protected Status
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 21, 2023
Effective
October 20, 2023
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Sudan for Temporary Protected Status (TPS) for 18 months, beginning on October 20, 2023, and ending on April 19, 2025. This extension allows existing TPS beneficiaries to retain TPS through April 19, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through April 19, 2025, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Sudan for TPS. The redesignation of Sudan allows additional Sudanese nationals (and individuals having no nationality who last habitually resided in Sudan) who have been continuously residing in the United States since August 16, 2023 to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since August 16, 2023 and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since October 20, 2023, the effective date of this redesignation of Sudan for TPS.
Full Text
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<title>Federal Register, Volume 88 Issue 160 (Monday, August 21, 2023)</title>
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[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56864-56872]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17877]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2746-23; DHS Docket No. USCIS-2014-0003]
RIN 1615-ZB92
Extension and Redesignation of Sudan for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) extension and
redesignation.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Sudan for Temporary Protected Status (TPS)
for 18 months, beginning on October 20, 2023, and ending on April 19,
2025. This extension allows existing TPS beneficiaries to retain TPS
through April 19, 2025, so long as they otherwise continue to meet the
eligibility requirements for TPS. Existing TPS beneficiaries who wish
to extend their status through April 19, 2025, must re-register during
the 60-day re-registration period described in this notice. The
Secretary is also redesignating Sudan for TPS. The redesignation of
Sudan allows additional Sudanese nationals (and individuals having no
nationality who last habitually resided in Sudan) who have been
continuously residing in the United States since August 16, 2023 to
apply for TPS for the first time during the initial registration period
described under the redesignation information in this notice. In
addition to demonstrating continuous residence in the United States
since August 16, 2023 and meeting other eligibility criteria, initial
applicants for TPS under this designation must demonstrate that they
have been continuously physically present in the United States since
October 20, 2023, the effective date of this redesignation of Sudan for
TPS.
DATES:
Extension of Designation of Sudan for TPS: The 18-month designation
of Sudan for TPS begins on October 20, 2023, and will remain in effect
for 18 months, ending on April 19, 2025. The extension impacts existing
beneficiaries of TPS.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from August 21, 2023 through October 20, 2023.
(Note: It is important for re-registrants to timely re-register during
the registration period and not to wait until their Employment
Authorization Documents (EADs) expire, as delaying reregistration could
result in gaps in their employment authorization documentation.)
Redesignation of Sudan for TPS: The 18-month redesignation of Sudan
for TPS begins on October 20, 2023, and will remain in effect for 18
months, ending on April 19, 2025. The redesignation impacts potential
first-time applicants and others who do not currently have TPS.
First-time Registration: The initial registration period for new
applicants under the Sudan TPS redesignation begins on August 21, 2023
and will remain in effect through April 19, 2025.
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 Sudan's TPS designation by selecting
``Sudan'' 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>.
[[Page 56865]]
<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 sets forth procedures necessary for
nationals of Sudan (or individuals having no nationality who last
habitually resided in Sudan) to (1) re-register for TPS and to apply
for renewal of their EADs with USCIS or (2) submit an initial
registration application under the redesignation and apply for an EAD.
Re-registration is limited to individuals who have previously
registered for TPS under the prior designation of Sudan and whose
applications have been granted. Failure to re-register properly within
the 60-day re-registration period may result in the withdrawal of your
TPS following appropriate procedures. See 8 CFR 244.14.
For individuals who have already been granted TPS under Sudan's
designation, the 60-day re-registration period runs from August 21,
2023 through October 20, 2023. USCIS will issue new EADs with an April
19, 2025, expiration date to eligible Sudanese TPS beneficiaries who
timely re-register and apply for EADs. Given the time frames involved
with processing TPS re-registration applications, DHS recognizes that
not all re-registrants may receive new EADs before their current EADs
expire. Accordingly, through this Federal Register notice, DHS
automatically extends the validity of certain EADs previously issued
under the TPS designation of Sudan through October 19, 2024. Therefore,
as proof of continued employment authorization through October 19,
2024, TPS beneficiaries can show their EADs that have the notation A-12
or C-19 under Category and a ``Card Expires'' date of October 19, 2023.
This notice explains how TPS beneficiaries and their employers may
determine which EADs are automatically extended and how this affects
the Form I-9, Employment Eligibility Verification, E-Verify, and USCIS
Systematic Alien Verification for Entitlements (SAVE) processes.
Individuals who have a Sudan TPS application (Form I-821) and/or
Application for Employment Authorization (Form I-765) that was still
pending as of August 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 April 19, 2025. Similarly, if USCIS
approves a pending TPS-related Form I-765, USCIS will issue the
individual a new EAD that will be valid through the same date. There
are currently approximately 1,200 beneficiaries under Sudan's TPS
designation.
Under the redesignation, individuals who currently do not have TPS
may submit an initial application during the initial registration
period that runs from August 21, 2023 and runs through the full length
of the redesignation period ending April 19, 2025. In addition to
demonstrating continuous residence in the United States since August
16, 2023 and meeting other eligibility criteria, initial applicants for
TPS under this redesignation must demonstrate that they have been
continuously physically present in the United States since October 20,
2023,\1\ the effective date of this redesignation of Sudan, before
USCIS may grant them TPS. DHS estimates that approximately 2,750
individuals may become newly eligible for TPS under the redesignation
of Sudan.
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\1\ The ``continuous physical presence date'' (CPP) is the
effective date of the most recent TPS designation of the country,
which is either the publication date of the designation announcement
in the Federal Register or such later date as the Secretary may
establish. The ``continuous residence date'' (CR) is any date
established by the Secretary when a country is designated (or
sometimes redesignated) for TPS. See INA secs. 244(b)(2)(A)
(effective date of designation); 244(c)(1)(A)(i-ii) (CR and CPP date
requirements); 8 U.S.C. 1254a(b)(2)(A); 1254a(c)(1)(A)(i-ii).
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What is Temporary Protected Status (TPS)?
<bullet> TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state, regardless of their country of birth.
<bullet> During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to obtain EADs so long as they continue to meet the
requirements of TPS.
<bullet> TPS beneficiaries may also apply for and be granted travel
authorization as a matter of DHS discretion.
<bullet> To qualify for TPS, beneficiaries must meet the
eligibility standards at INA 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 Sudan designated for TPS?
Sudan was initially designated for TPS on November 4, 1997, on the
dual bases of ongoing armed conflict and extraordinary and temporary
conditions in Sudan that prevented nationals of Sudan from safely
returning.\2\ Sudan's designation was extended and/or it was
redesignated numerous times from its initial designation in 1997 until
former Acting Secretary of Homeland Security Elaine Duke provided
notice in the Federal Register on October 11, 2017, that she was
terminating Sudan's TPS designation, effective November 2, 2018.\3\
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\2\ Designation of Sudan Under Temporary Protected Status, 62 FR
59737 (Nov. 4, 1997).
\3\ Termination of the Designation of Sudan for Temporary
Protected Status, 82 FR 47228 (Oct. 11, 2017).
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The termination of Sudan's TPS designation has been challenged in
several lawsuits, and court orders require DHS to continue TPS for
Sudan temporarily pending further court order.\4\ In April 2022,
Secretary
[[Page 56866]]
Mayorkas newly designated Sudan on the basis of extraordinary and
temporary conditions effective April 19, 2022, through October 19,
2023.\5\
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\4\ On June 29, 2023, the Ninth Circuit granted the Secretary's
motion for voluntary dismissal of the appeal of the injunction. See
Ramos v. Wolf, 2023 WL 4363667 (June 29, 2023) (No. 18-16981). The
Department of Homeland Security (DHS) is continuing its compliance
with the preliminary injunction order of the U.S. District Court for
the Northern District of California in Ramos v. Nielsen, No. 18-cv-
01554 (N.D. Cal. Oct. 3, 2018).
\5\ Designation of Sudan for Temporary Protected Status, 87 FR
23202 (Apr. 19, 2022).
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What authority does the Secretary have to extend the designation of
Sudan for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\6\ 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). The Secretary, in his or her discretion, may then grant
TPS to eligible nationals of that foreign state (or individuals having
no nationality who last habitually resided in the designated foreign
state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\6\ INA section 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135 (2002). 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 sec. 244(b)(1); 8 U.S.C.
1254a(b)(1).
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At least 60 days before the expiration of a foreign state's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether they continue to
meet the conditions for the TPS designation. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
the foreign state continues to meet the conditions for TPS designation,
the designation will be extended for an additional period of 6 months
or, in the Secretary's discretion, 12 or 18 months. See INA section
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
What is the Secretary's authority to redesignate Sudan for TPS?
In addition to extending an existing TPS designation, the
Secretary, after consultation with appropriate Government agencies, may
redesignate a country (or part thereof) for TPS. See INA section
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 244(c)(1)(A)(i),
8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been
continuously physically present since the effective date of the most
recent designation of the state'') (emphasis added).\7\
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\7\ The extension and redesignation of TPS for Sudan is one of
several instances in which the Secretary and, prior to the
establishment of DHS, the Attorney General, have simultaneously
extended a country's TPS designation and redesignated the country
for TPS. See, e.g., Extension and Redesignation of Haiti for
Temporary Protected Status, 76 FR 29000 (May 19, 2011); Extension
and Redesignation of Temporary Protected Status for Sudan, 69 FR
60168 (Oct. 7, 2004); Extension of Designation and Redesignation of
Liberia Under Temporary Protected Status Program, 62 FR 16608 (Apr.
7, 1997).
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When the Secretary designates or redesignates a country for TPS,
the Secretary also has the discretion to establish the date from which
TPS applicants must demonstrate that they have been ``continuously
resid[ing]'' in the United States. See INA section 244(c)(1)(A)(ii), 8
U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the
``continuous residence'' date for applicants for TPS under the
redesignation of Sudan shall be August 16, 2023. Initial applicants for
TPS under this redesignation must also show they have been
``continuously physically present'' in the United States since October
20, 2023, which is the effective date of the Secretary's redesignation,
of Sudan. See INA section 244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i).
For each initial TPS application filed under the redesignation, the
final determination of whether the applicant has met the ``continuous
physical presence'' requirement cannot be made until October 20, 2023,
the effective date of this redesignation for Sudan. USCIS, however,
will issue employment authorization documentation, as appropriate,
during the registration period in accordance with 8 CFR 244.5(b).
Why is the Secretary extending the TPS designation for Sudan and
simultaneously redesignating Sudan for TPS through April 19, 2025?
DHS has reviewed country conditions in Sudan. Based on the review,
including input received from DOS and other U.S. Government agencies,
the Secretary has determined that an 18-month TPS extension is
warranted because extraordinary and temporary conditions supporting
Sudan's TPS designation remain. The Secretary has further determined
that redesignating Sudan for TPS under INA section 244(b)(1)(A), 8
U.S.C. 1254a(b)(1)(A) and INA section 244(b)(1)(C), 8 U.S.C.
1254a(b)(3)(C) due to the ongoing armed conflict and continuing
extraordinary and temporary conditions is warranted. The Secretary is
accordingly updating the ``continuous residence'' and ``continuous
physical presence'' dates that applicants must meet to be eligible for
TPS.
Overview
Sudan is enduring an ongoing armed conflict and a humanitarian
crisis in which millions of individuals are exposed to violence,
illness, and forced displacement. On April 15, 2023, violent armed
conflict between the Sudanese Armed Forces (SAF) and the Rapid Support
Forces (RSF) \8\ erupted in Sudan killing hundreds of people, driving
more than 700,000 persons to flee to other countries.\9\
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\8\ Rapid Support Forces (RSF) is a paramilitary force
established in 2013 by former President al-Bashir. It was
``fashioned out of Janjaweed militias and was assembled in response
to anti-government rebel movements in Darfur.'' It has also been
accused of ``a myriad of human rights abuses in Darfur and
elsewhere.'' The Rapid Support Forces and the Escalation of Violence
in Sudan, ACLED, July 2, 2019, <a href="http://acleddata.com/2019/07/02/the-rapid-support-forces-and-the-escalation-of-violence-in-sudan/">acleddata.com/2019/07/02/the-rapid-support-forces-and-the-escalation-of-violence-in-sudan/</a> (last
visited May 10, 2023). ``In January 2015, the Rapid Support Forces,
which had been operating under the command of the National
Intelligence Security Services, became part of the regular
government forces through a constitutional amendment. In April 2015,
the RSF were placed under the command of the Presidency. In January
2017, the Parliament passed the Rapid Support Forces Act,
integrating those forces into the Sudan Armed Forces.'' Report of
the Secretary--General on children and armed conflict in Sudan, UN
Security Council, March 6, 2017, pg. 3, <a href="https://reliefweb.int/report/sudan/report-secretary-general-children-and-armed-conflict-sudan-s2017191-enar">https://reliefweb.int/report/sudan/report-secretary-general-children-and-armed-conflict-sudan-s2017191-enar</a> (last visited July 24, 2023).
\9\ Aidan Lewis, What is happening in Sudan? Fighting in
Khartoum explained, updated July 13, 2023, <a href="https://www.reuters.com/world/africa/whats-behind-sudans-crisis-2023-04-17/">https://www.reuters.com/world/africa/whats-behind-sudans-crisis-2023-04-17/</a> (last visited
July 24, 2023); Dozens of civilians are dead as rival military
factions batter for control of Sudan, National Public Radio, April
17, 2023, <a href="https://www.npr.org/2023/04/16/1170289462/sudans-army-and-rsf-are-doing-battle-leaving-56-civilians-dead">https://www.npr.org/2023/04/16/1170289462/sudans-army-and-rsf-are-doing-battle-leaving-56-civilians-dead</a> (last visited April
17, 2023).
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[[Page 56867]]
This recent armed conflict stems from events occurring in April
2019 when, after 30 years in power, Sudan's then-President Omar al-
Bashir was removed from office.\10\ In August 2019, a transitional
government \11\ comprised of military and civilian members was
established in Sudan, that was eventually dissolved in October
2021.\12\ Since that time, Sudan has continued to face political
instability and power struggles.\13\ In February 2023, the United
Nations (UN) Panel of Experts on the Sudan reported that Sudan
continued to face a ``political crisis at the national level, with
regular demonstrations against the rule of the military.'' \14\
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\10\ Susan Stigant; Elizabeth Murray, After Bashir, A New Dawn
in Sudan? U.S. Institute of Peace, April 17, 2019, <a href="https://www.usip.org/publications/2019/04/after-bashir-new-dawn-sudan-part-1">https://www.usip.org/publications/2019/04/after-bashir-new-dawn-sudan-part-1</a>
(last visited April 17, 2023).
\11\ Susan Stigant; Elizabeth Murray, After Bashir, A New Dawn
in Sudan? U.S. Institute of Peace, April 17, 2019, <a href="https://www.usip.org/publications/2019/04/after-bashir-new-dawn-sudan-part-1">https://www.usip.org/publications/2019/04/after-bashir-new-dawn-sudan-part-1</a>
(last visited April 17, 2023).
\12\ 2022 Country Reports on Human Rights Practices: Sudan, U.S.
Department of State, March 20, 2023, pg. 1, <a href="https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/sudan/">https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/sudan/</a> (last
visited July 24, 2023).
\13\ See 2022 Country Reports on Human Rights Practices: Sudan,
U.S. Department of State, March 20, 2023, <a href="https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/sudan/">https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/sudan/</a> (last
visited July 24, 2023); see also Sudan strongman is seen as an
insider with powerful allies, AP News, October 27, 2021, <a href="https://apnews.com/article/sudan-who-is-abdel-fattah-burhan-3f2d4d660fabf1b526f09f04808af7c8">https://apnews.com/article/sudan-who-is-abdel-fattah-burhan-3f2d4d660fabf1b526f09f04808af7c8</a> (last visited April 17, 2023); see
also 2019 Country Reports on Human Rights Practices: Sudan, U.S.
Department of State, March 30, 2020, pg. 2, <a href="https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/">https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/</a> (last
visited April 17, 2023); see also Appetite for Destruction: The
Military Counterrevolution in Sudan, ACLED, October 29, 2021,
<a href="https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/">https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/</a> (last visited April 7, 2023); see also Watch List
2022; Sudan: Toward a Reset for the Transition, International Crisis
Group, January 27, 2022, <a href="https://www.ecoi.net/en/document/2069005.html">https://www.ecoi.net/en/document/2069005.html</a> (last visited March 29, 2023).
\14\ Letter dated 7 February 2023 from the Panel of Experts on
the Sudan addressed to the President of the Security Council; Final
report of the Panel of Experts on the Sudan, UN Security Council,
February 7, 2023, pg. 8, available at <a href="https://www.ecoi.net/en/file/local/2087153/N2303752.pdf">https://www.ecoi.net/en/file/local/2087153/N2303752.pdf</a> (last visited March 29, 2023).
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Recent Armed Conflict
The armed conflict that erupted on April 15, 2023, started in the
capital, Khartoum, but has spread across Sudan.\15\ Fighting between
the SAF and the RSF has included the use of tanks, artillery, rockets,
and, in the case of the SAF, air-delivered munitions, which has
resulted to harm to civilians in Khartoum and elsewhere.\16\ The UN
Assistant Secretary for Humanitarian Affairs reported that the
humanitarian crisis in Sudan was ``quickly turning into a
catastrophe.'' \17\ As of April 25, 2023, more than 450 people had been
killed, more than 4,000 had been injured, at least 20 hospitals had
been forced to close due to damage, military use, or lack of resources,
power cuts and fuel shortages risked damaging vaccine stocks and water
supplies, a precursor for the spread of disease, and there had been
numerous reports of gender-based violence, including sexual
violence.\18\ Additionally, reports indicate that the most recent
fighting has resulted in tens of thousands of people fleeing from their
homes, for neighboring cities and countries, including Chad, Egypt, and
South Sudan.\19\ Insecurity and criminality in Sudan is on the rise,
and reports indicate that thousands of inmates were freed outright from
prison.\20\ This has resulted in a growing sense of lawlessness in the
capital of Khartoum, and residents have reported widespread looting and
gangs roaming the streets.\21\
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\15\ Human Rights Watch, Sudan: Explosive Weapons Harming
Civilians, May 4, 2023, <a href="https://www.hrw.org/news/2023/05/04/sudan-explosive-weapons-harming-civilians">https://www.hrw.org/news/2023/05/04/sudan-explosive-weapons-harming-civilians</a> (last visited May 10, 2023).
\16\ Human Rights Watch, Sudan: Explosive Weapons Harming
Civilians, May 4, 2023, <a href="https://www.hrw.org/news/2023/05/04/sudan-explosive-weapons-harming-civilians">https://www.hrw.org/news/2023/05/04/sudan-explosive-weapons-harming-civilians</a> (last visited May 10, 2023).
\17\ Assistant Secretary-General for Humanitarian Affairs and
Deputy Emergency Relief Coordinator Ms. Joyce Msuya: Briefing to the
Security Council on the Humanitarian Situation in Sudan, UNOCHA,
April 25, 2023, <a href="https://reliefweb.int/report/sudan/assistant-secretary-general-humanitarian-affairs-and-deputy-emergency-relief-coordinator-ms-joyce-msuya-briefing-security-council-humanitarian-situation-sudan-new-york-25-april-2023">https://reliefweb.int/report/sudan/assistant-secretary-general-humanitarian-affairs-and-deputy-emergency-relief-coordinator-ms-joyce-msuya-briefing-security-council-humanitarian-situation-sudan-new-york-25-april-2023</a> (last visited April 26,
2023).
\18\ Assistant Secretary-General for Humanitarian Affairs and
Deputy Emergency Relief Coordinator Ms. Joyce Msuya: Briefing to the
Security Council on the Humanitarian Situation in Sudan, UNOCHA,
April 25, 2023, <a href="https://reliefweb.int/report/sudan/assistant-secretary-general-humanitarian-affairs-and-deputy-emergency-relief-coordinator-ms-joyce-msuya-briefing-security-council-humanitarian-situation-sudan-new-york-25-april-2023">https://reliefweb.int/report/sudan/assistant-secretary-general-humanitarian-affairs-and-deputy-emergency-relief-coordinator-ms-joyce-msuya-briefing-security-council-humanitarian-situation-sudan-new-york-25-april-2023</a> (last visited April 26,
2023).
\19\ Abdi Latif Dahir, Violence in Sudan Cuts Through Shaky
U.S.-Brokered Cease-Fire, The New York Times, April 25, 2023,
<a href="https://www.nytimes.com/2023/04/25/world/africa/sudan-fighting-cease-fire.html">https://www.nytimes.com/2023/04/25/world/africa/sudan-fighting-cease-fire.html</a> (last visited April 26, 2023).
\20\ Reuters, Factbox: Sudan's Bashir and allies out of jail,
fighting flares, April 26, 2023, <a href="https://www.reuters.com/world/africa/sudans-bashir-whereabouts-unknown-after-associates-prison-escape-2023-04-26">https://www.reuters.com/world/africa/sudans-bashir-whereabouts-unknown-after-associates-prison-escape-2023-04-26</a> (last visited April 27, 2023).
\21\ VOA Africa, Al-Bashir Crew Breakout Bodes Ill for Sudan,
Voice of America, April 26, 2023, <a href="https://www.voaafrica.com/a/al-bashir-crew-breakout-bodes-ill-for-sudan/7066645.html">https://www.voaafrica.com/a/al-bashir-crew-breakout-bodes-ill-for-sudan/7066645.html</a> (last visited
April 26, 2023).
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Due to the outbreak of fighting, foreign governments evacuated
thousands of diplomats and private citizens.\22\ The U.S. government
assisted U.S. citizens, locally employed staff, and nationals from
allied and partner countries to evacuate Sudan and has taken extensive
efforts to contact U.S. citizens in Sudan and enable the departure of
those who wished to leave.\23\ Additionally, the U.S. government has
issued a ``Level 4: Do Not Travel'' advisory for Sudan due to armed
conflict, civil unrest, crime, terrorism, and kidnapping.\24\
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\22\ Reuters, Factbox: Countries rush to evacuate foreign
citizens from Sudan, April 25, 2023, <a href="https://www.reuters.com/world/africa/countries-scramble-evacuate-foreign-citizens-sudan-2023-04-25">https://www.reuters.com/world/africa/countries-scramble-evacuate-foreign-citizens-sudan-2023-04-25</a>
(last visited April 26, 2023).
\23\ U.S. Dep't of State, Press Statement, Evacuation Efforts of
U.S. Citizens From Sudan, April 29, 2023, <a href="https://www.state.gov/evacuation-efforts-of-u-s-citizens-from-sudan/">https://www.state.gov/evacuation-efforts-of-u-s-citizens-from-sudan/</a>.
\24\ U.S. Dep't of State, Sudan Travel Advisory, April 22, 2023,
<a href="https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/sudan-travel-advisory.html">https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/sudan-travel-advisory.html</a>.
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Humanitarian Concerns
``Even before the current fighting began, humanitarian needs across
Sudan had reached record levels, with 15.8 million people--about a
third of the total population--requiring humanitarian assistance this
year [2023].\25\ The latest violence has led to acute shortages of
food, water, medicines and fuel, while the price of essential items,
including transport, have skyrocketed.'' \26\ The United Nations
Integrated Transition Assistance Mission in Sudan (UNITAMS) reported in
September 2022 that ``[h]umanitarian needs have grown exponentially in
the Sudan because of conflict, the political and economic crisis,
increased insecurity and localized violence, and protracted internal
displacement still lacking durable solutions, coupled with dry spells,
floods and disease outbreaks.'' \27\ Additionally, according to the
World Food Program (WFP), over 15 million people were food insecure in
2022.\28\ In September 2022, the UN
[[Page 56868]]
reported that ``[a]lmost one quarter of the population is estimated to
be facing acute hunger during the lean season from June to September.''
\29\ In addition, flooding and dry spells in successive years have
affected property, infrastructure, and crops, resulting in forced
displacement and livestock losses.\30\ Flash floods have also led to
contamination of water supplies and increased cases of diarrhea and
cholera.\31\ Sudan's health system remains exceptionally fragile and
faces difficulties over inadequate supplies of medicines and medical
items.\32\ According to the United Nations Office for the Coordination
of Humanitarian Affairs (UNOCHA), the current level of health personnel
staffing (doctors, nurses, and midwives) can only cater to 17 percent
of Sudan's population.\33\
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\25\ UN News, Background to a crisis: In Sudan, the stakes are
high for the whole of Africa, Apr. 28, 2023, <a href="https://news.un.org/en/story/2023/04/1136187?gclid=CjwKCAjwge2iBhBBEiwAfXDBR2pyoM7HB8ImtmbdANXbBou4gGeMYaruPqrxoL9aal25EC8sI52TpRoCnwwQAvD_BwE">https://news.un.org/en/story/2023/04/1136187?gclid=CjwKCAjwge2iBhBBEiwAfXDBR2pyoM7HB8ImtmbdANXbBou4gGeMYaruPqrxoL9aal25EC8sI52TpRoCnwwQAvD_BwE</a> (last visited May 10, 2023).
\26\ UN News, Background to a crisis: In Sudan, the stakes are
high for the whole of Africa, April 28, 2023, <a href="https://news.un.org/en/story/2023/04/1136187?gclid=CjwKCAjwge2iBhBBEiwAfXDBR2pyoM7HB8ImtmbdANXbBou4gGeMYaruPqrxoL9aal25EC8sI52TpRoCnwwQAvD_BwE">https://news.un.org/en/story/2023/04/1136187?gclid=CjwKCAjwge2iBhBBEiwAfXDBR2pyoM7HB8ImtmbdANXbBou4gGeMYaruPqrxoL9aal25EC8sI52TpRoCnwwQAvD_BwE</a> (last visited May 10, 2023).
\27\ Situation in Sudan and the activities of the UNITAMS, UN
Security Council, September 2, 2022, pg. 15, <a href="https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf">https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf</a> (last visited July 24, 2023).
\28\ Sudan Annual Report 2022: Country Strategic Plan 2019-2023,
World Food Programme, Pg. 3, <a href="https://reliefweb.int/report/sudan/sudan-annual-country-report-2022-country-strategic-plan-2019-2023">https://reliefweb.int/report/sudan/sudan-annual-country-report-2022-country-strategic-plan-2019-2023</a>
(last visited March 23, 2023).
\29\ Situation in Sudan and the activities of the UNITAMS, UN
Security Council, September 2, 2022, pg. 7 <a href="https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf">https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf</a> (last visited March 29, 2023).
\30\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2,
2022, pg. 27, <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022</a> (last visited April 7, 2023).
\31\ Sudan: Humanitarian Key Messages (February 2023), UNOCHA,
February 26, 2023, <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-key-messages-february-2023">https://reliefweb.int/report/sudan/sudan-humanitarian-key-messages-february-2023</a> (last visited April 11,
2023).
\32\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2,
2022, pg. 20, <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022</a> (last visited April 7, 2023).
\33\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2,
2022, pg. 22, <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022</a> (last visited April 7, 2023).
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Prior to the recent conflict, there were 3.8 million internally
displaced persons (IDPs) in Sudan, and this figure has increased since
the conflict began in April 2023.\34\ Living conditions for IDPs remain
dire, as ``IDPs and [vulnerable] residents were displaced multiple
times; they were traumatized, physically abused, injured; or lost
family members, personal belongings, shelters, villages and access to
land, water points and firewood collection.'' \35\ UNOCHA reported in
November 2022 that the majority of IDPs continue to reside in temporary
sites, and are unable to return to their homes or previous displacement
sites due to security concerns.\36\
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\34\ International Organization for Migration (IOM), DTM Sudan--
Situation Report (16), Aug 8, 2023, <a href="https://dtm.iom.int/reports/dtm-sudan-situation-report-16">https://dtm.iom.int/reports/dtm-sudan-situation-report-16</a> (last visited Aug. 9, 2023).
\35\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2,
2022, Pg. 31, <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022</a> (last visited April 7, 2023).
\36\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2,
2022, Pg. 31, <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022</a> (last visited April 7, 2023).
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Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
<bullet> The conditions supporting Sudan's designation for TPS
continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
<bullet> There continue to be extraordinary and temporary
conditions in Sudan that prevent Sudanese nationals (or individuals
having no nationality who last habitually resided in Sudan) from
returning to Sudan in safety, and it is not contrary to the national
interest of the United States to permit Sudanese TPS beneficiaries to
remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C).
<bullet> There is an ongoing armed conflict in Sudan and, due to
such conflict, requiring the return to Sudan of Sudanese nationals (or
individuals having no nationality who last habitually resided in Sudan)
would pose a serious threat to their personal safety. See INA sec.
244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
<bullet> The designation of Sudan for TPS should be extended for an
18-month period, beginning on October 20, 2023, and ending on April 19,
2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
<bullet> Due to the conditions described above, Sudan should be
simultaneously extended and redesignated for TPS beginning on October
20, 2023, and ending on April 19, 2025. See INA sec. 244(b)(1)(A) and
(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
<bullet> For the redesignation, the Secretary has determined that
TPS applicants must demonstrate that they have continuously resided in
the United States since August 16, 2023.
<bullet> Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since October 20, 2023, the effective date of the
redesignation of Sudan for TPS.
<bullet> There are approximately 1,200 current Sudan TPS
beneficiaries who are eligible to re-register for TPS under the
extension.
<bullet> It is estimated that approximately 2,750 additional
individuals may be eligible for TPS under the redesignation of Sudan.
This population includes Sudanese nationals in the United States in
nonimmigrant status or without immigration status.
Notice of the Designation of Sudan for TPS
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting Sudan's designation for TPS on the dual bases of ongoing
armed conflict and extraordinary and temporary conditions are met and
it is not contrary to the national interest of the United States to
permit Sudanese TPS beneficiaries to remain in the United States
temporarily. See INA sec. 244(b)(1)(A) and (C), 8 U.S.C. 1254a(b)(1)(A)
and (C). On the basis of this determination, I am simultaneously
extending the existing designation of Sudan for TPS for 18 months,
beginning on October 20, 2023, and ending on April 19, 2025, and
redesignating Sudan for TPS for the same 18-month period. See INA sec.
244(b)(1)(A) and (C) and (b)(2); 8 U.S.C. 1254a(b)(1)(A) and (C), and
(b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Register or Re-
Register for TPS
To register for TPS based on the designation of Sudan, you must
submit a Form I-821, Application for Temporary Protected Status, and
pay the filing fee (or request a fee waiver, which you may submit on
Form I-912, Request for Fee Waiver). You may be required to pay the
biometric services fee. If you can demonstrate an inability to pay the
biometric services fee, you may request to have the fee waived. Please
see additional information under the ``Biometric Services Fee'' section
of this notice.
TPS beneficiaries are eligible for an Employment Authorization
Document (EAD), which proves their authorization to work in the United
States. You are not required to submit Form I-765, Application for
Employment Authorization, or have an EAD to be granted TPS, but see
below for more information if you want an EAD to use as proof that you
can work in the United States.
Individuals who have a Sudan TPS application (Form I-821) that was
still pending as of August 21, 2023 do not need to file the application
again. If USCIS approves an individual's Form I-
[[Page 56869]]
821, USCIS will grant the individual TPS through April 19, 2025.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at <a href="https://www.uscis.gov/tps">https://www.uscis.gov/tps</a>. Fees
for the Form I-821, the Form I-765, and biometric services are also
described in 8 CFR 103.7(b)(1) (Oct. 1, 2020). In addition, the form
instructions for the Form I-821 and Form I-765 provide further
information on requirements and fees for both initial TPS applicants
and existing TPS beneficiaries who are re-registering.
How can TPS beneficiaries obtain an employment authorization document
(EAD)?
Everyone must provide their employer with documentation showing
that they have the legal right to work in the United States. TPS
beneficiaries are eligible to obtain an EAD, which proves their legal
right to work. Those who want to obtain an EAD must file a Form I-765
and pay the Form I-765 fee (or request a fee waiver, which you may
submit on Form I-912, Request for Fee Waiver). TPS applicants may file
this form along with their TPS application, or at a later date,
provided their TPS application is still pending or has been approved.
Beneficiaries with a Sudanese TPS-related Form I-765 that was still
pending as of August 21, 2023 do not need to file the application
again. If USCIS approves a pending TPS-related Form I-765, USCIS will
issue the individual a new EAD that will be valid through April 19,
2025.
Refiling an Initial TPS Registration Application After Receiving a
Denial of a Fee Waiver Request
If USCIS denies your fee waiver request, you can resubmit your TPS
application. The fee waiver denial notice will contain specific
instructions about resubmitting your application.
Filing Information
USCIS offers the option to applicants for TPS under Sudan's
designation to file Form I-821 and related requests for EADs online or
by mail. However, if you request a fee waiver, you must submit your
application 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: Forms I-821 and I-765 are available for concurrent
filing online.\37\ To file these forms online, you must first create a
USCIS online account.\38\
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\37\ 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>.
\38\ <a href="https://myaccount.uscis.gov/users/sign_up">https://myaccount.uscis.gov/users/sign_up</a>.
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Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Form I-821, Application for Temporary Protected
Status; Form I-765, Application for Employment Authorization, if
applicable; Form I-912, Request for Fee Waiver (if applicable); and
supporting documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
All states Mail your application to:
------------------------------------------------------------------------
U.S. Postal Service USPS: USCIS, Attn: TPS Sudan, P.O.
Box 6943, Chicago, IL 60680-
6943.
FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Sudan (Box
6943), 131 S. Dearborn 3rd
Floor, Chicago, IL 60603-
5517.
------------------------------------------------------------------------
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, please
file online or mail your Form I-765 application to the appropriate
mailing address in Table 1. If filing online, please include the fee.
If filing by mail, please include the fee or fee waiver request. 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 ``Sudan.''
Travel
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. You must file for travel
authorization if you wish to travel outside of the United States. If
granted, travel authorization gives you permission to leave the United
States and return during a specific period. To request travel
authorization, you must file Form I-131, Application for Travel
Document, available at <a href="https://www.uscis.gov/i-131">https://www.uscis.gov/i-131</a>. You may file Form
I-131 together with your Form I-821 or separately. When filing 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 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,
[[Page 56870]]
you may be required to visit an Application Support Center to have your
biometrics captured. For additional information on the USCIS biometric
screening process, please see the USCIS Customer Profile Management
Service Privacy Impact Assessment, available at <a href="https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms">https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms</a>.
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at <a href="http://uscis.gov">uscis.gov</a>, or visit the USCIS Contact Center at <a href="https://www.uscis.gov/contactcenter">https://www.uscis.gov/contactcenter</a>. If your Form I-765 has been pending for
more than 90 days, and you still need assistance, you may ask a
question about your case online at <a href="https://egov.uscis.gov/e-request/Intro.do">https://egov.uscis.gov/e-request/Intro.do</a> or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-
1833).
Am I eligible to receive an automatic extension of my current EAD
through October 19, 2024, through this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have a Sudan TPS-based EAD that has the notation A-12 or C-19
under Category and a ``Card Expires'' date of October 19, 2023, this
Federal Register notice automatically extends your EAD through October
19, 2024. Although this Federal Register notice automatically extends
your EAD through October 19, 2024, you must re-register timely for TPS
in accordance with the procedures described in this Federal Register
notice to maintain your TPS and employment authorization.
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on Form I-9,
Employment Eligibility Verification, as well as the Acceptable
Documents web page at <a href="https://www.uscis.gov/i-9-central/acceptable-documents">https://www.uscis.gov/i-9-central/acceptable-documents</a>. Employers must complete Form I-9 to verify the identity and
employment authorization of all new employees. Within three days of
hire, employees must present acceptable documents to their employers as
evidence of identity and employment authorization to satisfy Form I-9
requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt as described
in the Form I-9 Instructions. Employers may not reject a document based
on a future expiration date. You can find additional information about
Form I-9 on the I-9 Central web page at <a href="https://www.uscis.gov/I-9Central">https://www.uscis.gov/I-9Central</a>. An EAD is an acceptable document under List A. See the
section ``How do my employer and I complete Form I-9 using my
automatically extended EAD for a new job?'' of this Federal Register
notice for further information. If your EAD states A-12 or C-19 under
Category and has a ``Card Expires'' date of October 19, 2023, it has
been extended automatically by virtue of this Federal Register notice
and you may choose to present your EAD to your employer as proof of
identity and employment eligibility for Form I-9 through October 19,
2024, unless your TPS has been withdrawn or your request for TPS has
been denied. Your country of birth notated on the EAD does not have to
reflect the TPS designated country of Sudan for you to be eligible for
this extension.
What documentation may I present to my employer for Form I-9 if I am
already employed but my current TPS-related EAD is set to expire?
Even though we have automatically extended your EAD, your employer
is required by law to ask you about your continued employment
authorization. Your employer may need to re-examine your automatically
extended EAD to check the ``Card Expires'' date and Category code if
your employer did not keep a copy of your EAD when you initially
presented it. Once your employer has reviewed the Card Expiration date
and Category code, your employer should update the EAD expiration date
in Section 2 of Form I-9. See the section ``What updates should my
current employer make to Form I-9 if my EAD has been automatically
extended?'' of this Federal Register notice for further information.
You may show this Federal Register notice to your employer to explain
what to do for Form I-9 and to show that USCIS has automatically
extended your EAD through October 19, 2024, but you are not required to
do so. The last day of the automatic EAD extension is October 19, 2024.
Before you start work on October 20, 2024, your employer is required by
law to reverify your employment authorization on Form I-9. By that
time, you must present any document from List A or any document from
List C on Form I-9 Lists of Acceptable Documents, or an acceptable List
A or List C receipt described in the Form I-9 instructions to reverify
employment authorization.
Your employer may not specify which List A or List C document you
must present and cannot reject an acceptable receipt.
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, regardless of whether you have an EAD or work authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through April 19, 2025, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation such as
evidence of my status, proof of my Sudanese citizenship, or a Form I-
797C showing that I registered for TPS for Form I-9 completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C receipt.
Employers may not request proof of Sudanese citizenship or proof of
registration for TPS when completing Form I-9 for new hires or
reverifying the employment authorization of current employees. If you
present an EAD that USCIS has automatically extended, employers should
accept it as a valid List A document so long as the EAD reasonably
appears to be genuine and to relate to you. Refer to the ``Note to
Employees'' section of this Federal Register notice for important
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin.
[[Page 56871]]
How do my employer and I complete Form I-9 using my automatically
extended EAD for a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job before October 20, 2024:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until'' and enter
October 19, 2024, as the ``expiration date''; and
b. Enter your USCIS number or A-Number where indicated. (Your EAD
or other document from DHS will have your USCIS number or A-Number
printed on it; the USCIS number is the same as your A-Number without
the A prefix.)
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a ``Card Expires'' date of October 19,
2023;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write October 19, 2024, as the expiration date.
Before the start of work on October 20, 2024, employers must
reverify the employee's employment authorization on Form I-9.
What updates should my current employer make to Form I-9 if my EAD has
been automatically extended?
If you presented a TPS-related EAD that was valid when you first
started your job and USCIS has now automatically extended your EAD,
your employer may need to re-examine your current EAD if they do not
have a copy of the EAD on file. Your employer should determine if your
EAD is automatically extended by ensuring that it contains Category A-
12 or C-19 and has a ``Card Expires'' date of October 19, 2023. Your
employer may not rely on the country of birth listed on the card to
determine whether you are eligible for this extension.
If your employer determines that USCIS has automatically extended
your EAD, your employer should update Section 2 of your previously
completed Form I-9 as follows:
1. Write EAD EXT and October 19, 2024, as the last day of the
automatic extension in the Additional Information field; and
2. Initial and date the correction.
Note: This is not considered a reverification. Employers do not
reverify the employee until either the automatic extension has
ended, or the employee presents a new document to show continued
employment authorization, whichever is sooner. By October 20, 2024,
when the employee's automatically extended EAD has expired,
employers are required by law to reverify the employee's employment
authorization on Form I-9.
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee by
entering the number from the Document Number field on Form I-9 into the
document number field in E-Verify. Employers should enter October 19,
2024, as the expiration date for an EAD that has been extended under
this Federal Register notice.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?
E-Verify automated the verification process for TPS-related EADs
that are automatically extended. If you have employees who provided a
TPS-related EAD when they first started working for you, you will
receive a ``Work Authorization Documents Expiring'' case alert when the
auto-extension period for this EAD is about to expire. Before this
employee starts work on October 20, 2024, you must reverify their
employment authorization on Form I-9. Employers may not use E-Verify
for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#1d5430245e7873696f7c715d686e7e746e3379756e337a726b"><span class="__cf_email__" data-cfemail="e0a9cdd9a3858e9492818ca09593838993ce848893ce878f96">[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#2b626e796b5e584f4441054c445d"><span class="__cf_email__" data-cfemail="81c8c4d3c1f4f2e5eeebafe6eef7">[email protected]</span></a> or get more information online at <a href="http://www.justice.gov/ier">www.justice.gov/ier</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#420b6f7b01272c3630232e023731212b316c262a316c252d34"><span class="__cf_email__" data-cfemail="87ceaabec4e2e9f3f5e6ebc7f2f4e4eef4a9e3eff4a9e0e8f1">[email protected]</span></a>. USCIS accepts calls in
English, Spanish and many other languages. Employees or job applicants
may also call the U.S. Department of Justice, Civil Rights Division,
Immigrant and Employee Rights Section (IER) Worker Hotline at 800-255-
7688 (TTY 800-237-2515) for information regarding employment
discrimination based on citizenship, immigration status, or national
origin, including discrimination related to Form I-9 and E-Verify. The
IER Worker Hotline provides language interpretation in numerous
languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 Instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (mismatch) must
promptly inform employees of the mismatch and give such employees an
opportunity to take action to resolve the mismatch. A mismatch means
that the information entered into E-Verify from Form I-9 differs from
records available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
mismatch while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
confirm an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at https://www.justice.gov/
[[Page 56872]]
ier and the USCIS and E-Verify websites at <a href="https://www.uscis.gov/i-9-central">https://www.uscis.gov/i-9-central</a> and <a href="https://www.e-verify.gov">https://www.e-verify.gov</a>.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, if you present an automatically extended EAD
referenced in this Federal Register notice, you do not need to show any
other document, such as a Form I-797C, Notice of Action reflecting
receipt of a Form I-765 EAD renewal application or this Federal
Register notice, to prove that you qualify for this extension. While
Federal Government agencies must follow the guidelines laid out by the
Federal Government, State and local government agencies establish their
own rules and guidelines when granting certain benefits. Each state may
have different laws, requirements, and determinations about what
documents you need to provide to prove eligibility for certain
benefits. Whether you are applying for a Federal, State, or local
government benefit, you may need to provide the government agency with
documents that show you are a TPS beneficiary, show you are authorized
to work based on TPS or other status, or that may be used by DHS to
determine if you have TPS or another immigration status. Examples of
such documents are:
<bullet> Your current EAD with a TPS category code of A-12 or C-19,
even if your country of birth noted on the EAD does not reflect the TPS
designated country of Sudan;
<bullet> Your Form I-94, Arrival/Departure Record;
<bullet> Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
<bullet> Form I-797 or Form I-797C, Notice of Action, reflecting
approval or receipt of a past or current Form I-821, if you received
one from USCIS.
Check with the government agency requesting documentation regarding
which document(s) the agency will accept. Some state and local
government agencies use the SAVE program to confirm the current
immigration status of applicants for public benefits.
While SAVE can verify that an individual has TPS, each agency's
procedures govern whether they will accept an unexpired EAD, Form I-
797, Form I-797C, or Form I-94, Arrival/Departure Record. If an agency
accepts the type of TPS-related document you present, such as an EAD,
the agency should accept your automatically extended EAD, regardless of
the country of birth listed on the EAD. It may assist the agency if
you:
a. Give the agency a copy of the relevant Federal Register notice
showing the extension of TPS-related documentation in addition to your
recent TPS-related document with your A-number, USCIS number, or Form
I-94 number;
b. Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
c. Ask the agency to initiate a SAVE query with your information
and follow through with additional verification steps, if necessary, to
get a final SAVE response verifying your TPS.
You can also ask the agency to look for SAVE notices or contact
SAVE if they have any questions about your immigration status or
automatic extension of TPS-related documentation. In most cases, SAVE
provides an automated electronic response to benefit-granting agencies
within seconds, but occasionally verification can be delayed.
You can check the status of your SAVE verification by using
CaseCheck at <a href="https://save.uscis.gov/casecheck/">https://save.uscis.gov/casecheck/</a>. CaseCheck is a free
service that lets you follow the progress of your SAVE verification
case using your date of birth and one immigration identifier number
(such as A-number, USCIS number, or Form I-94 number) or Verification
Case Number. If an agency has denied your application based solely or
in part on a SAVE response, the agency must offer you the opportunity
to appeal the decision in accordance with the agency's procedures. If
the agency has received and acted on or will act on a SAVE verification
and you do not believe the SAVE response is correct, the SAVE website,
<a href="https://www.uscis.gov/save">https://www.uscis.gov/save</a>, has detailed information on how to make
corrections or update your immigration record, make an appointment, or
submit a written request to correct records.
[FR Doc. 2023-17877 Filed 8-18-23; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on August 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.