Notice2023-19312
Extension and Redesignation of South 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
September 6, 2023
Effective
November 4, 2023
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of South Sudan for Temporary Protected Status (TPS) for 18 months, beginning on November 4, 2023, and ending on May 3, 2025. This extension allows existing TPS beneficiaries to retain TPS through May 3, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through May 3, 2025, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating South Sudan for TPS. The redesignation of South Sudan allows additional South Sudanese nationals (and individuals having no nationality who last habitually resided in South Sudan) who have been continuously residing in the United States since September 4, 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 September 4, 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 November 4, 2023, the effective date of this redesignation of South Sudan for TPS.
Full Text
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<title>Federal Register, Volume 88 Issue 171 (Wednesday, September 6, 2023)</title>
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[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60971-60979]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19312]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2748-23; DHS Docket No. USCIS-2014-004]
RIN 1615-ZB79
Extension and Redesignation of South 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 South Sudan for Temporary Protected Status
(TPS) for 18 months, beginning on November 4, 2023, and ending on May
3, 2025. This extension allows existing TPS beneficiaries to retain TPS
through May 3, 2025, so long as they otherwise continue to meet the
eligibility requirements for TPS. Existing TPS beneficiaries who wish
to extend their status through May 3, 2025, must re-register during the
60-day re-registration period described in this notice. The Secretary
is also redesignating South Sudan for TPS. The redesignation of South
Sudan allows additional South Sudanese nationals (and individuals
having no nationality who last habitually resided in South Sudan) who
have been continuously residing in the United States since September 4,
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 September 4, 2023, and meeting other eligibility
criteria, initial applicants for TPS under this designation must
demonstrate that they
[[Page 60972]]
have been continuously physically present in the United States since
November 4, 2023, the effective date of this redesignation of South
Sudan for TPS.
DATES:
Extension of Designation of South Sudan for TPS: The 18-month
designation of South Sudan for TPS begins on November 4, 2023, and will
remain in effect for 18 months, ending on May 3, 2025. The extension
impacts existing beneficiaries of TPS.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from September 6, 2023 through November 6, 2023.
(Note: It is important for re-registrants to timely re-register during
the registration period and not to wait until their Employment
Authorization Documents (EADs) expire, as delaying re-registration
could result in gaps in their employment authorization documentation.)
Redesignation of South Sudan for TPS: The 18-month redesignation of
South Sudan for TPS begins on November 4, 2023, and will remain in
effect for 18 months, ending on May 3, 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 South Sudan TPS redesignation begins on September
6, 2023 and will remain in effect through May 3, 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 South Sudan's TPS designation by selecting
``South 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>.
<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 South Sudan (or individuals having no nationality who last
habitually resided in South 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 South 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 South
Sudan's designation, the 60-day re-registration period runs from
September 6, 2023 through November 6, 2023. USCIS will issue new EADs
with a May 3, 2025 expiration date to eligible South 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 South Sudan through
November 3, 2024. Therefore, as proof of continued employment
authorization through November 3, 2024, TPS beneficiaries can show
their EADs that have the notation A-12 or C-19 under Category and a
``Card Expires'' date of November 3, 2023. This notice explains how TPS
beneficiaries and their employers may determine which EADs are
automatically extended and how this affects the Form I-9, Employment
Eligibility Verification, E-Verify, and USCIS Systematic Alien
Verification for Entitlements (SAVE) processes.
Individuals who have a South Sudan TPS application (Form I-821)
and/or Application for Employment Authorization (Form I-765) that was
still pending as of September 6, 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 May 3, 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 133 beneficiaries under South
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 September 6, 2023 through the full length of the
redesignation period ending May 3, 2025. In addition to demonstrating
continuous residence in the United States since September 4, 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 November 4, 2023,\1\ the
effective date of this redesignation of South Sudan, before USCIS may
grant them
[[Page 60973]]
TPS. DHS estimates that approximately 140 individuals may become newly
eligible for TPS under the redesignation of South 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 sec. 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 South Sudan designated for TPS?
South Sudan was initially designated for TPS on October 13, 2011,
on the dual bases of ongoing armed conflict and extraordinary and
temporary conditions that prevented nationals of South Sudan from
safely returning.\2\ Following the initial designation, DHS extended
and redesignated South Sudan for TPS in 2013, 2014, and 2016.\3\ In
2017, 2019, and 2020, DHS extended TPS for South Sudan, based on
ongoing armed conflict and extraordinary and temporary conditions.\4\
Most recently, in March 2022, DHS extended and redesignated South Sudan
for TPS for 18 months based on ongoing armed conflict and extraordinary
and temporary conditions, from May 3, 2022, to November 3, 2023.\5\
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\2\ See Designation of Republic of South Sudan for Temporary
Protected Status, 76 FR 63629 (Oct. 13, 2011).
\3\ See Extension and Redesignation of South Sudan for Temporary
Protected Status, 78 FR 1866 (Jan. 9, 2013); Extension and
Redesignation of South Sudan for Temporary Protected Status, 79 FR
52019 (Sept. 2, 2014); and Extension and Redesignation of South
Sudan for Temporary Protected Status, 81 FR 4051 (Jan. 25, 2016).
\4\ See Extension of South Sudan for Temporary Protected Status,
82 FR 44205 (Sept. 21, 2017); Extension of the Designation of South
Sudan for Temporary Protected Status, 84 FR 13688 (Apr. 5, 2019);
and Extension of the Designation of South Sudan for Temporary
Protected Status, 85 FR 69344 (Nov. 2, 2020).
\5\ See Extension and Redesignation of South Sudan for Temporary
Protected Status, 87 FR 12190 (Mar. 3, 2022).
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What authority does the Secretary have to extend the designation South
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 sec. 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 sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\6\ INA sec. 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135 (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 sec. 244(b)(3)(A),
8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign
state continues to meet the conditions for TPS designation, the
designation will be extended for an additional period of 6 months or,
in the Secretary's discretion, 12 or 18 months. See INA sec.
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
What is the Secretary's authority to redesignate South 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 sec.
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA sec. 244(c)(1)(A)(i), 8
U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been
continuously physically present since the effective date of the most
recent designation of the state'') (emphasis added).\7\
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\7\ The extension and redesignation of TPS for South 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 Re-designation 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 sec. 244(c)(1)(A)(ii), 8
U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the
``continuous residence'' date for applicants for TPS under the
redesignation of South Sudan shall be September 4, 2023. Initial
applicants for TPS under this redesignation must also show they have
been ``continuously physically present'' in the United States since
November 4, 2023, which is the effective date of the Secretary's
redesignation, of South Sudan. See INA sec. 244(c)(1)(A)(i), 8 U.S.C.
1254a(c)(1)(A)(i). For each initial TPS application filed under the
redesignation, the final determination of whether the applicant has met
the ``continuous physical presence'' requirement cannot be made until
November 4, 2023, the effective date of this redesignation for South
Sudan. USCIS, however, will issue employment authorization
documentation, as appropriate, during the registration
[[Page 60974]]
period in accordance with 8 CFR 244.5(b).
Why is the Secretary extending the TPS designation for South Sudan and
simultaneously redesignating South Sudan for TPS through May 3, 2025?
DHS has reviewed country conditions in South Sudan. Based on the
review, including input received from the Department of State (DOS),
the Secretary has determined that an 18-month TPS extension is
warranted because ongoing armed conflict and extraordinary and
temporary conditions supporting South Sudan's TPS designation remain.
The Secretary has further determined that redesignating South Sudan for
TPS under INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) is
warranted and is changing the ``continuous residence'' and ``continuous
physical presence'' dates that applicants must meet to be eligible for
TPS.
Armed Conflict
As in prior years, the armed conflicts in South Sudan consist of
fighting among various factions associated with the government, as well
as between government forces and militant groups, such as the National
Salvation Front (also known as the NAS).\8\ A principal driver of armed
conflict within the government has long been the rivalry between
President Salva Kiir Mayardit and First Vice President Riek Machar, as
well as their various supporters and aligned armed
groups.<SUP>9 10</SUP> In spite of the 2018 peace agreement that
established the current transitional government--and to which President
Kiir and Vice President Machar were signatories--South Sudan faces
``often violent political contestations,'' and the lack of stable
government has facilitated ongoing violence that is ``nearly always
characterized by gross human rights violations that [have] targeted
civilians and caused mass displacements'' in parts of the country.\11\
Conflict among armed actors, including the South Sudan People's Defence
Force (SSPDF), the Sudan People's Liberation Movement--In Opposition
(SPLM-IO), and the NAS have continued in 2023.\12\ In March 2023, media
reported mobilization of forces allied to the government and the SPLM-
IO as the groups prepared to ``return to war'' with one another.\13\
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\8\ Human Rights Watch, South Sudan: Events of 2022, <a href="https://www.hrw.org/world-report/2023/country-chapters/south-sudan">https://www.hrw.org/world-report/2023/country-chapters/south-sudan</a> (last
visited Aug. 22, 2023).
\9\ Kiir leads the ruling Sudan People's Liberation Movement
(SPLM). Machar is associated with the Sudan People's Liberation
Movement--In Opposition (SPLM-IO) but contends that he has not
formally left the SPLM. VOA News, Infighting Brings New Split in
South Sudan's Ruling Party, Oct. 28, 2022, <a href="https://www.voanews.com/a/infighting-brings-new-split-in-south-sudan-s-ruling-party/6809882.html">https://www.voanews.com/a/infighting-brings-new-split-in-south-sudan-s-ruling-party/6809882.html</a> (last visited May 19, 2023).
\10\ International Crisis Group, South Sudan's Splintered
Opposition: Preventing More Conflict, <a href="https://www.crisisgroup.org/africa/horn-africa/south-sudan/south-sudans-splintered-opposition-preventing-more-conflict">https://www.crisisgroup.org/africa/horn-africa/south-sudan/south-sudans-splintered-opposition-preventing-more-conflict</a> (last visited May 19, 2023).
\11\ U.N. Human Rights Council, Report of the Commission on
Human Rights in South Sudan, pg. 3, U.N. Doc. A/HRC/52/26, Jan. 31,
2023, <a href="https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session52/A-HRC-52-26-AdvanceEditedVersion.pdf">https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session52/A-HRC-52-26-AdvanceEditedVersion.pdf</a>.
\12\ Reconstituted Joint Monitoring and Evaluation Commission
(RJMEC), RJMEC report on the status of implementation of the
revitalised agreement on the resolution of the conflict in the
Republic of South Sudan for the Period 1st April to 30th June 2023,
Chapter 2(a), July 2023, <a href="https://reliefweb.int/report/south-sudan/rjmec-report-status-implementation-revitalised-agreement-resolution-conflict-republic-south-sudan-period-1st-april-30th-june-2023">https://reliefweb.int/report/south-sudan/rjmec-report-status-implementation-revitalised-agreement-resolution-conflict-republic-south-sudan-period-1st-april-30th-june-2023</a>.
\13\ Small Arms Survey, Upper Nile Prepares to Return to War,
Mar. 2023, <a href="https://www.smallarmssurvey.org/resource/upper-nile-prepares-return-war">https://www.smallarmssurvey.org/resource/upper-nile-prepares-return-war</a>.
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Multiple parties are responsible for committing crimes and human
rights abuses across South Sudan, with reports that ``security forces,
opposition forces, armed militias affiliated with the government and
the opposition, nonsignatories to the peace agreement, and civilians
were responsible for a significant range of conflict-related abuses
around the country.'' \14\ Government forces have reportedly engaged in
collective punishment of civilians perceived to be opposition
supporters, an assumption often based on ethnicity.\15\ Delays in
implementing security sector reform and demobilization of armed groups
have contributed to security forces and ex-combatants exploiting local
communities, emboldened by a climate of impunity.\16\ Members of
government and opposition forces, associated armed militia groups, and
ethnic groups are reported to have committed torture and other ill-
treatment in conflict zones.\17\ The ``simmering ethnic conflict'' in
parts of South Sudan has resulted in dire humanitarian consequences,
including significant displacement and reports of human rights
violations and abuses, including those involving the killing of
civilians, arbitrary arrests or unjust detentions, looting and
destruction of civilian property, physical abuse, forced recruitment,
and gender-based violence.\18\
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\14\ U.S. Dep't. of State, 2022 Country Reports on Human Rights:
South Sudan, pg. 15, Mar. 20, 2023, <a href="https://www.state.gov/wp-content/uploads/2023/03/415610_SOUTH-SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf">https://www.state.gov/wp-content/uploads/2023/03/415610_SOUTH-SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf</a>.
\15\ Id. at 16.
\16\ U.N. Human Rights Council, Report of the Commission on
Human Rights in South Sudan, pg. 4, U.N. Doc. A/HRC/52/26, Jan. 31,
2023, <a href="https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session52/A-HRC-52-26-AdvanceEditedVersion.pdf">https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session52/A-HRC-52-26-AdvanceEditedVersion.pdf</a>
\17\ U.S. Dep't. of State, 2022 Country Reports on Human Rights:
South Sudan, pg. 5, Mar. 20, 2023, <a href="https://www.state.gov/wp-content/uploads/2023/03/415610_SOUTH-SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf">https://www.state.gov/wp-content/uploads/2023/03/415610_SOUTH-SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf</a>.
\18\ Id. at 27.
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Armed conflict has had particularly dire consequences for women and
children. Women and girls have faced increased cases of sexual violence
and harassment, as well as risk of abductions, killings, and threats
from armed forces.\19\ Various parties use gender-based violence as a
conflict tactic, including rape, gang rape, sexual slavery, and forced
marriage.\20\ Impunity for gender-based abuses, including sexual
abuses, has continued.\21\ Experts estimate that around 2.8 million
people are at risk of gender-based violence in 2023, constituting a
nine percent increase over the previous year.\22\ Children also remain
at great risk of multiple types of abuse and victimization. The United
Nations has documented many incidences of what the Special
Representative of the Secretary-General for Children and Armed Conflict
has identified as the six ``grave violations against children,''
including recruitment and use by armed groups; killing and maiming;
rape and other forms of sexual violence; attacks on schools, hospitals,
and protected persons in relation to schools and/or hospitals;
abduction; and denial of humanitarian access.\23\
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\19\ UN Office for the Coordination of Humanitarian Affairs
(UNOCHA), South Sudan Humanitarian Needs Overview 2023, pg. 7, Nov.
22, 2022, <a href="https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022</a> (last visited May 19,
2023).
\20\ U.S. Dep't. of State, 2022 Country Reports on Human Rights:
South Sudan, pg. 17, Mar. 20, 2023, <a href="https://www.state.gov/wp-content/uploads/2023/03/415610_SOUTH-SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf">https://www.state.gov/wp-content/uploads/2023/03/415610_SOUTH-SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf</a>.
\21\ UNOCHA, South Sudan Humanitarian Needs Overview 2023, pg.
13, Nov. 22, 2022, <a href="https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022</a>, (last visited
May 19, 2023).
\22\ U.N. Security Council, Final Report of the Panel of Experts
on South Sudan, pg. 17, U.N. Doc. S/2023/294, Apr. 26, 2023, <a href="https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2633-2022-s2023294-enar">https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2633-2022-s2023294-enar</a>, (last
visited May 19, 2023).
\23\ UN Security Council, Children and armed conflict in South
Sudan, pg. 1, Feb. 10, 2023, <a href="https://unmiss.unmissions.org/sites/default/files/sg_report_on_children_and_armed_conflict_in_south_sudan.pdf">https://unmiss.unmissions.org/sites/default/files/sg_report_on_children_and_armed_conflict_in_south_sudan.pdf</a>.
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Environmental and Health Concerns
South Sudan has experienced above normal rainfall for four
consecutive years.\24\ The effects of rain and flooding
[[Page 60975]]
are widespread, with the number of people impacted across South Sudan
estimated to exceed one million.\25\ Floods have destroyed crops,
homes, schools, health care centers, and boreholes for water access,
and efforts to provide relief have been stymied by violence,
inaccessibility, and gaps in resources and infrastructure.\26\
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\24\ UNOCHA, South Sudan Humanitarian Needs Overview 2023, pg.
6, Nov. 22, 2022, <a href="https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022</a> (last visited
May 19, 2023).
\25\ UNOCHA, South Sudan: Flooding Situation Report No. 1, pg.
1, Oct. 12, 2022, <a href="https://reliefweb.int/report/south-sudan/south-sudan-flooding-situation-report-no-1-31-october-2022">https://reliefweb.int/report/south-sudan/south-sudan-flooding-situation-report-no-1-31-october-2022</a> (last visited
May 19, 2023).
\26\ Id.
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South Sudan is also contending with multiple disease outbreaks.
Flood-affected areas have seen the spread of malaria, diarrhea,
pneumonia, and skin infections, and the lack of clean water and
sanitation suggests that outbreaks of cholera and Hepatitis E are
likely to persist.\27\ There also have been confirmed outbreaks of
measles.\28\ Dozens of health facilities were damaged or relocated due
to flooding, furthering restricting access to care.\29\
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\27\ UNOCHA, South Sudan Humanitarian Needs Overview 2023, pg.
19, Nov. 22, 2022, <a href="https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022</a>, (last visited
May 19, 2023).
\28\ Id. at 20.
\29\ Id. at 21.
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Food Insecurity
Approximately 7.8 million South Sudanese were projected to face
``Crisis'' levels of acute food insecurity, or worse, between April and
July 2023.\30\ Within this population, 2.9 million people were
projected to face ``Emergency'' levels of acute food security, and
around 43,000 were expected to face ``Catastrophe.'' \31\ Disruption in
the agricultural sector has led to a dramatic increase in food prices,
thereby exacerbating food insecurity and intensifying poverty.\32\
Access to food is also sometimes used as a weapon of war.\33\
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\30\ U.S. Agency for International Development (USAID), South
Sudan--Complex Emergency Fact Sheet #3. Fiscal Year 2023, pg. 2,
Mar. 31, 2023, <a href="https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-3-fiscal-year-fy-2023">https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-3-fiscal-year-fy-2023</a> (last visited May
19, 2023). The ``Crisis'' level of food security is the third level
on the five level Integrated Food Security Phase Classification
(IPC) scale, which ranges from ``Minimal'' (IPC 1) to ``Famine'' or
``Catastrophe'' (IPC 5).
\31\ USAID, South Sudan--Complex Emergency Fact Sheet #3. Fiscal
Year 2023, pg. 2, Mar. 31, 2023, <a href="https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-3-fiscal-year-fy-2023">https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-3-fiscal-year-fy-2023</a>
(last visited May 19, 2023).
\32\ UNOCHA, South Sudan Humanitarian Needs Overview 2023, pg.
14, Nov. 22, 2022, <a href="https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022</a>, (last visited
May 19, 2023).
\33\ U.S. Dep't. of State, 2022 Country Reports on Human Rights:
South Sudan, pg. 2 (Mar. 20, 2023) <a href="https://www.state.gov/wp-content/uploads/2023/03/415610_SOUTH-SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf">https://www.state.gov/wp-content/uploads/2023/03/415610_SOUTH-SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf</a>.
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Barriers to Humanitarian Access
An estimated 9.4 million of South Sudan's total population of more
than 12 million people is in need of humanitarian assistance.\34\
Multiple factors complicate the provision of relief. Armed groups
restrict the safe and effective delivery of assistance, in some cases
even harassing or killing aid workers, engaging in looting, and
destroying humanitarian assets and facilities.\35\ Bureaucratic
obstacles and interference further undermine access.\36\ Additionally,
flooding has prevented physical access to some locations.\37\
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\34\ USAID, South Sudan--Complex Emergency Fact Sheet #3. Fiscal
Year 2023, pg. 1, Mar. 31, 2023, <a href="https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-3-fiscal-year-fy-2023">https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-3-fiscal-year-fy-2023</a>
(last visited May 19, 2023).
\35\ U.S. Dep't. of State, 2022 Country Reports on Human Rights:
South Sudan, pg. 18, Mar. 20, 2023, <a href="https://www.state.gov/wp-content/uploads/2023/03/415610_SOUTH-SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf">https://www.state.gov/wp-content/uploads/2023/03/415610_SOUTH-SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf</a>.
\36\ UNOCHA, South Sudan Humanitarian Needs Overview 2023, pg.
75, Nov. 22, 2022, <a href="https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022</a> (last visited
May 19, 2023).
\37\ UNICEF, South Sudan Humanitarian Situation No. 2:1, pg. 2,
Feb. 28, 2023, <a href="https://reliefweb.int/report/south-sudan/unicef-south-sudan-humanitarian-situation-report-no-2-1-28-february-2023">https://reliefweb.int/report/south-sudan/unicef-south-sudan-humanitarian-situation-report-no-2-1-28-february-2023</a>
(last visited May 19, 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 South 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 continues to be an ongoing armed conflict in South
Sudan and, due to such conflict, requiring the return to South Sudan of
South Sudanese nationals (or individuals having no nationality who last
habitually resided in South 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> There continue to be extraordinary and temporary
conditions in South Sudan that prevent South Sudanese nationals (or
individuals having no nationality who last habitually resided in South
Sudan) from returning in safety, and it is not contrary to the national
interest of the United States to permit South 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> The designation of South Sudan for TPS should be extended
for an 18-month period, beginning on November 4, 2023, and ending on
May 3, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
<bullet> Due to the conditions described above, South Sudan should
be simultaneously extended and redesignated for TPS beginning on
November 4, 2023 and ending on May 3, 2025. See INA sec. 244(b)(1)(A),
(C), and (b)(2), 8 U.S.C. 1254a(b)(1)(A), (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 September 4, 2023.
<bullet> Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since November 4, 2023, the effective date of the
redesignation of South Sudan for TPS.
<bullet> There are approximately 133 current South Sudan TPS
beneficiaries who are eligible to re-register for TPS under the
extension.
<bullet> It is estimated that approximately 140 additional
individuals may be eligible for TPS under the redesignation of South
Sudan. This population includes South Sudanese nationals in the United
States in nonimmigrant status or without immigration status.
Notice of the Designation of South 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 South Sudan's designation for TPS on the basis 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 South Sudanese TPS beneficiaries to remain in the United States
temporarily. See INA sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) and INA
sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On the basis of this
determination, I am simultaneously extending the existing designation
of South Sudan for TPS for 18 months, beginning on November 4, 2023,
and ending on May 3, 2025, and redesignating South Sudan for TPS for
the same 18-month period. See INA sec. 244(b)(1)(A), (b)(1)(C) and
(b)(2); 8
[[Page 60976]]
U.S.C. 1254a(b)(1)(A), (b)(1)(C), and (b)(2).
Alejandro N. Mayorkas,Vienna
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 South 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 South Sudan TPS application (Form I-821)
that was still pending as of September 6, 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 May 3, 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 South Sudanese TPS-related Form I-765 that was
still pending as of September 6, 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
May 3, 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 South 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.\38\ To file these forms online, you must first create a
USCIS online account.\39\
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\38\ 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>.
\39\ <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 South
Sudan, P.O. Box 6943,
Chicago, IL 60680-6943.
FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS South 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 ``South 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
[[Page 60977]]
2 and include a copy of Form I-797 for the approved or pending Form I-
821.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with a Form The address provided in Table
I-821, Application for Temporary 1.
Protected Status.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, P.O.
approved Form I-821, and you are using Box 660167, Dallas, TX 75266-
the U.S. Postal Service (USPS): 0867.
You must include a copy of the receipt
notice (Form I-797 or I-797C) showing
we accepted or approved your Form I-
821.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, 2501 S
approved Form I-821, and you are using State Hwy. 121 Business, Ste.
FedEx, UPS, or DHL: 400, Lewisville, TX 75067.
You must include a copy of the receipt
notice (Form I-797 or I-797C) showing
we accepted or approved your Form I-
821.
------------------------------------------------------------------------
Biometric Services Fee for TPS
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay the
biometric services fee, you may request a fee waiver, which you may
submit on Form I-912, Request for Fee Waiver. For more information on
the application forms and fees for TPS, please visit the USCIS TPS web
page at <a href="https://www.uscis.gov/tps">https://www.uscis.gov/tps</a>. If necessary, you may be required to
visit an Application Support Center to have your biometrics captured.
For additional information on the USCIS biometric screening process,
please see the USCIS Customer Profile Management Service Privacy Impact
Assessment, available at <a href="https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms">https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms</a>.
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at <a href="http://uscis.gov">uscis.gov</a>, or visit the USCIS Contact Center at <a href="https://www.uscis.gov/contactcenter">https://www.uscis.gov/contactcenter</a>. If your Form I-765 has been pending for
more than 90 days, and you still need assistance, you may ask a
question about your case online at <a href="https://egov.uscis.gov/e-request/Intro.do">https://egov.uscis.gov/e-request/Intro.do</a> or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-
1833).
Am I eligible to receive an automatic extension of my current EAD
through November 3, 2024, through this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have a South Sudan TPS-based EAD that has the notation A-12
or C-19 under Category and a ``Card Expires'' date of November 3, 2023,
this Federal Register notice automatically extends your EAD through
November 3, 2024. Although this Federal Register notice automatically
extends your EAD through November 3, 2024, you must re-register timely
for TPS in accordance with the procedures described in this Federal
Register notice to maintain your TPS and employment authorization.
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 November 3, 2023 it has
been extended automatically by virtue of this Federal Register notice
and you may choose to present your EAD to your employer as proof of
identity and employment eligibility for Form I-9 through November 3,
2024, unless your TPS has been withdrawn or your request for TPS has
been denied. Your country of birth notated on the EAD does not have to
reflect the TPS designated country of South 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 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 November 3, 2024, but you are not required to
do so. The last day of the automatic EAD extension is November 3, 2024.
Before you start work on November 4, 2024, your employer is required by
law to reverify your
[[Page 60978]]
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 May 3, 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 South 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 South 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.
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 November 4, 2024:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until'' and enter
November 3, 2024, as the ``expiration date''; and
b. Enter your USCIS number or A-Number where indicated. (Your EAD
or other document from DHS will have your USCIS number or A-Number
printed on it; the USCIS number is the same as your A-Number without
the A prefix.)
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a ``Card Expires'' date of November 3,
2023;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write November 3, 2024, as the expiration date.
Before the start of work on November 4, 2024, employers must
reverify the employee's employment authorization on Form I-9.
What updates should my current employer make to Form I-9 if my EAD has
been automatically extended?
If you presented a TPS-related EAD that was valid when you first
started your job and USCIS has now automatically extended your EAD,
your employer may need to 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 November 3, 2023. Your employer
may not rely on the country of birth listed on the card to determine
whether you are eligible for this extension.
If your employer determines that USCIS has automatically extended
your EAD, your employer should update Section 2 of your previously
completed Form I-9 as follows:
1. Write EAD EXT and November 3, 2024, as the last day of the
automatic extension in the Additional Information field; and
2. Initial and date the correction.
Note: This is not considered a reverification. Employers do not
reverify the employee until either the automatic extension has ended,
or the employee presents a new document to show continued employment
authorization, whichever is sooner. By November 4, 2024, when the
employee's automatically extended EAD has expired, employers are
required by law to reverify the employee's employment authorization on
Form I-9.
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee by
entering the number from the Document Number field on Form I-9 into the
document number field in E-Verify. Employers should enter November 3,
2024, as the expiration date for an EAD that has been extended under
this Federal Register notice.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?
E-Verify automated the verification process for TPS-related EADs
that are automatically extended. If you have employees who provided a
TPS-related EAD when they first started working for you, you will
receive a ``Work Authorization Documents Expiring'' case alert when the
auto-extension period for this EAD is about to expire. Before this
employee starts work on November 4, 2024, you must reverify their
employment authorization on Form I-9. Employers may not use E-Verify
for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#b6ff9b8ff5d3d8c2c4d7daf6c3c5d5dfc598d2dec598d1d9c0"><span class="__cf_email__" data-cfemail="256c081c66404b51574449655056464c560b414d560b424a53">[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#4d04081f0d383e292227632a223b"><span class="__cf_email__" data-cfemail="b0f9f5e2f0c5c3d4dfda9ed7dfc6">[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
[[Page 60979]]
888-897-7781 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#e3aacedaa0868d9791828fa39690808a90cd878b90cd848c95"><span class="__cf_email__" data-cfemail="387115017b5d564c4a5954784d4b5b514b165c504b165f574e">[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 <a href="https://www.justice.gov/ier">https://www.justice.gov/ier</a> and the USCIS and E-Verify websites at <a href="https://www.uscis.gov/i-9-central">https://www.uscis.gov/i-9-central</a> and <a href="https://www.e-verify.gov">https://www.e-verify.gov</a>.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, if you present an automatically extended EAD
referenced in this Federal Register notice, you do not need to show any
other document, such as a Form I-797C, Notice of Action reflecting
receipt of a Form I-765 EAD renewal application or this Federal
Register notice, to prove that you qualify for this extension. While
Federal Government agencies must follow the guidelines laid out by the
Federal Government, State and local government agencies establish their
own rules and guidelines when granting certain benefits. Each state may
have different laws, requirements, and determinations about what
documents you need to provide to prove eligibility for certain
benefits. Whether you are applying for a Federal, State, or local
government benefit, you may need to provide the government agency with
documents that show you are a TPS beneficiary, show you are authorized
to work based on TPS or other status, or that may be used by DHS to
determine if you have TPS or another immigration status. Examples of
such documents are:
<bullet> Your current EAD with a TPS category code of A-12 or C-19,
even if your country of birth noted on the EAD does not reflect the TPS
designated country of South 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. 2023-19312 Filed 9-5-23; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on September 6, 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.