Notice2024-15084
Extension and Redesignation of Yemen 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
July 10, 2024
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 Yemen for Temporary Protected Status (TPS) and redesignating Yemen for TPS for 18 months, beginning on September 4, 2024, and ending on March 3, 2026. This extension and redesignation allows Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since July 2, 2024, and who have been continuously physically present in the United States since September 4, 2024, to apply or re-register for TPS.
Full Text
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<title>Federal Register, Volume 89 Issue 132 (Wednesday, July 10, 2024)</title>
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[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56765-56773]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15084]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2774-24; DHS Docket No. USCIS-2015-0005]
RIN 1615-ZB76
Extension and Redesignation of Yemen 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 Yemen for Temporary Protected Status (TPS)
and redesignating Yemen for TPS for 18 months, beginning on September
4, 2024, and ending on March 3, 2026. This extension and redesignation
allows Yemeni nationals (and individuals having no nationality who last
habitually resided in Yemen) who have been continuously residing in the
United States since July 2, 2024, and who have been continuously
physically present in the United States since September 4, 2024, to
apply or re-register for TPS.
DATES: Extension and redesignation of designation of Yemen for TPS
begins on September 4, 2024, and will remain in effect for 18 months.
For registration instructions, see the Registration Information section
below.
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 240-721-3000.
<bullet> For more 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 Yemen's TPS designation by selecting
``Yemen'' from the menu on the left side of the TPS web page.
<bullet> If you have additional questions about TPS, please visit
<a href="https://uscis.gov/tools">https://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 cannot 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> You can also find more information at local USCIS offices
after this notice is published.
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
[[Page 56766]]
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
Registration Information
Extension of Designation of Yemen for TPS: The 18-month extension
of the designation of Yemen for TPS begins on September 4, 2024, and
will remain in effect for 18 months, ending on March 3, 2026. The
extension allows existing TPS beneficiaries to retain TPS through March
3, 2026, if they otherwise continue to meet the eligibility
requirements for TPS. Existing TPS beneficiaries who wish to extend
their status through March 3, 2026, must re-register during the 60-day
re-registration period described in this notice.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from July 10, 2024, through September 9, 2024.
(Note: It is important for re-registrants to timely re-register during
the re-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 Yemen for TPS: The 18-month redesignation of Yemen
for TPS begins on September 4, 2024, and will remain in effect for 18
months, ending on March 3, 2026. The redesignation allows individuals
who do not currently have TPS to apply for TPS during the initial
registration period described under the first-time registration
information in this notice. In addition to demonstrating continuous
residence in the United States since July 2, 2024, 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 September 4, 2024, the effective date of this
redesignation of Yemen for TPS.
First-time Registration: The initial registration period for new
applicants under the Yemen TPS redesignation begins on July 10, 2024,
and will remain in effect through March 3, 2026.
Purpose of This Action (TPS)
Through this notice, DHS sets forth procedures necessary for
nationals of Yemen (or individuals having no nationality who last
habitually resided in Yemen) to (1) re-register for TPS and apply to
renew their EAD 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 Yemen and whose
applications have been granted. If you do not re-register properly
within the 60-day re-registration period, USCIS may withdraw your TPS
following appropriate procedures. See 8 CFR 244.14.
For individuals who have already been granted TPS under Yemen's
designation, the 60-day re-registration period runs from July 10, 2024,
through September 9, 2024. USCIS will issue new EADs with a March 3,
2026, expiration date to eligible Yemeni 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 a new EAD before their current EAD
expires. Accordingly, through this Federal Register notice, DHS
automatically extends through September 3, 2025, the validity of
certain EADs previously issued under the TPS designation of Yemen. As
proof of continued employment authorization through September 3, 2025,
TPS beneficiaries can show their EAD with the notation A-12 or C-19
under Category and a ``Card Expires'' date of September 3, 2024, or
March 3, 2023. This notice explains how TPS beneficiaries and their
employers may determine if an EAD is 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 an Application for Temporary Protected Status
(Form I-821) for Yemen or Application for Employment Authorization
(Form I-765) that was still pending as of September 4, 2024, 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 March 3, 2026. 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.
Under the redesignation, individuals who currently do not have TPS
may submit an initial application during the initial registration
period that runs from July 10, 2024, through the full length of the
redesignation period ending March 3, 2026. In addition to demonstrating
continuous residence in the United States since July 2, 2024, 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 September 4, 2024,\1\ the
effective date of this redesignation of Yemen, before USCIS may grant
them TPS. DHS estimates that approximately 1,700 individuals may become
newly eligible for TPS under the redesignation of Yemen.
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\1\ The ``continuous physical presence'' date 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 a later date established by the Secretary. The
``continuous residence'' date 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) (continuous residence and continuous physical
presence 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 if 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, if it is still valid beyond the
date their TPS terminates.
When was Yemen designated for TPS?
Yemen was initially designated for TPS on September 3, 2015, based
on ongoing armed conflict that prevented nationals of Yemen from
returning to Yemen in safety. See Designation of the Republic of Yemen
for Temporary Protected Status, 80 FR 53319 (Sept. 3, 2015). In January
2017, Yemen's
[[Page 56767]]
designation was extended for 18 months through September 3, 2018, and
Yemen was redesignated for TPS on the dual bases of ongoing armed
conflict and extraordinary and temporary conditions. See Extension and
Redesignation of the Republic of Yemen for Temporary Protected Status,
82 FR 859 (Jan. 4, 2017). The Secretary extended Yemen's TPS
designation in 2018 and 2020 because the statutory bases of ongoing
armed conflict and extraordinary and temporary conditions persisted.
See Extension of the Designation of Yemen for Temporary Protected
Status, 83 FR 40307 (Aug. 14, 2018); see also Extension of the
Designation of Yemen for Temporary Protected Status, 85 FR 12313 (Mar.
2, 2020). In 2021, the Secretary extended and redesignated Yemen for
TPS based on ongoing armed conflict and extraordinary and temporary
conditions. See Extension and Redesignation of Yemen for Temporary
Protected Status, 86 FR 36295 (July 9, 2021). Most recently, the
Secretary extended and redesignated Yemen for Temporary Protected
Status on the bases of ongoing armed conflict and extraordinary and
temporary conditions. See Extension and Redesignation of Yemen for
Temporary Protected Status, 88 FR 94 (January 3, 2023).
What authority does the Secretary have to extend the designation of
Yemen 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.\2\ 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 their 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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\2\ 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 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 Yemen 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 in the United States since the
effective date of the most recent designation of that state'')
(emphasis added).\3\
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\3\ The extension and redesignation of TPS for Yemen is one of
several instances in which the Secretary and, before 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 Yemen will be July 2, 2024. Initial applicants for TPS
under this redesignation must also show they have been ``continuously
physically present'' in the United States since September 4, 2024,
which is the effective date of the Secretary's redesignation of Yemen.
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, USCIS cannot
make the final determination of whether the applicant has met the
``continuous physical presence'' requirement until September 4, 2024,
the effective date of this redesignation for Yemen.
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 Yemen and
simultaneously redesignating Yemen for TPS through March 3, 2026?
DHS has reviewed conditions in Yemen. Based on the review,
including input received from Department of State (DoS) and other U.S.
Government agencies, the Secretary has determined that an 18-month TPS
extension is warranted because the ongoing armed conflict and
extraordinary and temporary conditions supporting Yemen's TPS
designation remain. The Secretary has further determined that
redesignating Yemen 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.
Overview
Yemen is currently in its tenth \4\ year of a protracted conflict
that has resulted in high levels of food insecurity, limited access to
water and medical care, and the large-scale destruction of Yemen's
infrastructure.\5\ A United Nations (UN)-
[[Page 56768]]
backed truce came into effect on April 2, 2022 and expired on Oct. 2,
2022.\6\ Since its expiration, the conflict parties have largely
continued to abide by the ceasefire, but the conflict continues to
affect the civilian population.\7\ Partly as a result of the conflict,
Yemen continues to experience one of the largest humanitarian crises in
the world; approximately 21.6 million people (about two thirds of the
population) needed humanitarian assistance in 2023.\8\
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\4\ Center for Preventive Action, War in Yemen, last updated
Mar. 5, 2024, available at: <a href="https://www.cfr.org/global-conflict-tracker/conflict/war-yemen">https://www.cfr.org/global-conflict-tracker/conflict/war-yemen</a> (last visited Apr. 12, 2024).
\5\ United Nations High Commissioner for Refugees, Yemen Crisis
Explained, Mar. 21, 2024, available at: <a href="https://www.unrefugees.org/news/yemen-crisis-explained">https://www.unrefugees.org/news/yemen-crisis-explained</a> (last visited Mar. 25, 2024); Human
Rights Watch, ``Death is More Merciful Than This Life'' Houthi and
Yemeni Government Violations of the Right to Water in Taizz, Dec.
11, 2023, available at: <a href="https://www.hrw.org/report/2023/12/11/death-more-merciful-life/houthi-and-yemeni-government-violations-right-water">https://www.hrw.org/report/2023/12/11/death-more-merciful-life/houthi-and-yemeni-government-violations-right-water</a> (last visited Apr. 12, 2024).
\6\ United Nations News, Yemen Truce Renewed for Another Two
Months, Aug. 2, 2022, available at: <a href="https://news.un.org/en/story/2022/08/1123832">https://news.un.org/en/story/2022/08/1123832</a> (last visited Mar. 7, 2024).
\7\ Center for Preventive Action, War in Yemen, last updated
Mar. 5, 2024, available at: <a href="https://www.cfr.org/global-conflict-tracker/conflict/war-yemen">https://www.cfr.org/global-conflict-tracker/conflict/war-yemen</a> (last visited Apr. 12, 2024); United
Nations Office for the Coordination of Humanitarian Affairs, Yemen
Humanitarian Needs Overview 2024, page 15, Feb. 1, 2024, available
at: <a href="https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</a> (last visited May 17,
2024).
\8\ United Nations Population Fund, Yemen, Dec. 20, 2023,
available at: <a href="https://www.unfpa.org/yemen#">https://www.unfpa.org/yemen#</a> (last visited Feb. 29,
2024).
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Armed Conflict and Security Situation
The conflict between the Houthis and the Saudi-led coalition
backing Yemen's internationally recognized government has directly
affected the physical security of the civilian population throughout
the country.\9\ According to the Armed Conflict Location and Event Data
Project (ACLED), while the truce continued to result in a significant
de-escalation between the conflict parties in 2023, growing repression
in Houthi-controlled areas as well as increased civilian mobility and
exposure to unexploded ordnance pose a grave threat to civilian
lives.\10\ Political violence by Al-Qaeda in the Arabian Peninsula
erupted in May and June 2023, resulting in heightened tensions
throughout the country.\11\ ACLED reports that the share of violent
events that impacted civilians more than doubled in 2023 compared to
the previous year.\12\
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\9\ Human Rights Watch, World Report 2024: Yemen, available at:
<a href="https://www.hrw.org/world-report/2024/country-chapters/yemen">https://www.hrw.org/world-report/2024/country-chapters/yemen</a> (last
visited Feb. 27, 2024).
\10\ Armed Conflict Location & Event Data Project (ACLED), Yemen
and the Red Sea: Rising Tensions Threaten Peace Process and
International Security, Jan. 17, 2024, available at: <a href="https://acleddata.com/conflict-watchlist-2024/yemen/">https://acleddata.com/conflict-watchlist-2024/yemen/</a> (last visited Mar. 18,
2024); Armed Conflict Location & Event Data Project (ACLED),
Violence in Yemen During the UN-Mediated Truce: April-October 2022,
available at: <a href="https://acleddata.com/2022/10/14/violence-in-yemen-during-the-un-mediated-truce-april-october-2022/">https://acleddata.com/2022/10/14/violence-in-yemen-during-the-un-mediated-truce-april-october-2022/</a> (last visited Mar.
18, 2024).
\11\ Center for Preventive Action, War in Yemen, last updated
Mar. 5, 2024, available at: <a href="https://www.cfr.org/global-conflict-tracker/conflict/war-yemen">https://www.cfr.org/global-conflict-tracker/conflict/war-yemen</a> (last visited Apr. 12, 2024).
\12\ Armed Conflict Location & Event Data Project (ACLED), Yemen
and the Red Sea: Rising Tensions Threaten Peace Process and
International Security, Jan. 17, 2024, available at: <a href="https://acleddata.com/conflict-watchlist-2024/yemen/">https://acleddata.com/conflict-watchlist-2024/yemen/</a> (last visited Mar. 18,
2024).
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The UN reports that Yemen ``remains one of the most contaminated
countries globally by landmines and explosive remnants of war and has
the third highest number of casualties stemming from these threats over
the past ten years.'' \13\ Mine contamination not only endangers the
lives of civilians but also presents an obstacle to sustainable
solutions including internally displaced persons (IDPs) returning to
their homes or settling elsewhere.\14\ Unexploded ordnance resulted in
121 civilian casualties in the first quarter of 2023.\15\ Approximately
300 children were killed or injured in Yemen throughout 2023, and more
than half were due to landmines and unexploded ordnance.\16\
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\13\ United Nations Office for the Coordination of Humanitarian
Affairs, Yemen Humanitarian Needs Overview 2024, Feb. 1, 2024,
available at: <a href="https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</a> (last visited
May. 17, 2024).
\14\ Id.
\15\ Human Rights Watch, World Report 2024: Yemen, available at:
<a href="https://www.hrw.org/world-report/2024/country-chapters/yemen">https://www.hrw.org/world-report/2024/country-chapters/yemen</a> (last
visited Mar. 18, 2024).
\16\ Save the Children, Two Children Killed and Three Injured in
Yemen Landmine Explosion, Feb.14, 2024, available at: <a href="https://www.savethechildren.net/news/two-children-killed-and-three-injured-yemen-landmine-explosion">https://www.savethechildren.net/news/two-children-killed-and-three-injured-yemen-landmine-explosion</a> (last visited Mar. 18, 2024).
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Humanitarian Situation
Yemen continues to experience one of the worst humanitarian crises
in the world, suffering from a widespread lack of basic public services
including electricity, healthcare, water, and sanitation services.\17\
In 2023, Yemen had approximately 4.5 million IDPs (approximately 14% of
the population),\18\ including 314,000 newly displaced individuals in
2023 alone.\19\ Over a quarter of the displaced individuals have
experienced displacement more than once.\20\ The UN also recorded
approximately 77,000 Yemeni refugees and asylum-seekers in neighboring
countries.\21\
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\17\ United Nations Children's Fund, Yemen Crisis, Feb. 16,
2024, available at <a href="https://www.unicef.org/emergencies/yemen-crisis">https://www.unicef.org/emergencies/yemen-crisis</a>
(last visited Mar. 24, 2024); United Nations Office for the
Coordination of Humanitarian Affairs, Yemen Humanitarian Needs
Overview 2024, Feb. 1, 2024, available at: <a href="https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</a> (last visited May. 17, 2024).
\18\ Yemen Humanitarian Needs Overview, OCHA, January 2024, p.
15, available at <a href="https://www.unocha.org/attachments/54baf3f4-a060-4ea3-b36c-c2715d233f79/Yemen%20Humanitarian%20Needs%20Overview%2024%28January%2024%29.pdf">https://www.unocha.org/attachments/54baf3f4-a060-4ea3-b36c-c2715d233f79/Yemen%20Humanitarian%20Needs%20Overview%2024%28January%2024%29.pdf</a>
(last visited May 29, 2024).
\19\ United Nations Office for the Coordination of Humanitarian
Affairs, Yemen Humanitarian Needs Overview 2024, page 15, Feb. 1,
2024, available at: <a href="https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</a> (last
visited May. 17, 2024).
\20\ Id.
\21\ United Nations High Commissioner for Refugees, Refugee Data
Finder, available at: <a href="https://www.unhcr.org/refugee-statistics/download/">https://www.unhcr.org/refugee-statistics/download/</a>? (last visited Feb. 27, 2024).
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Currently, 80% of the population in Yemen lives below the poverty
line as the fragile economy remains on the brink of collapse.\22\ Over
27% of the population does not have access to safe water, and
approximately half of the population does not have access to enough
drinking water when needed.\23\ Food insecurity remains a severe
problem throughout Yemen with approximately 17 million people
considered food insecure and 3.5 million reported to be acutely
malnourished.\24\ Over 90% of the food in Yemen is imported.\25\ In
addition to serious challenges with food security, Yemen continues to
suffer from a frail healthcare system.\26\ Approximately half of all
health facilities are only partially functioning or completely out of
service, and Yemen continues to experience crippling disease outbreaks
throughout the country.\27\
---------------------------------------------------------------------------
\22\ United Nations Office for the Coordination of Humanitarian
Affairs, Yemen Humanitarian Needs Overview 2024, page 5, Feb. 1,
2024, available at: <a href="https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</a> (last
visited May. 17, 2024).
\23\ Id.
\24\ World Food Programme, WFP Yemen--Situation Report #1, Jan.
2024, available at: <a href="https://api.godocs.wfp.org/api/documents/b3d2cd633e254feab7e0dfea519368e5/download/">https://api.godocs.wfp.org/api/documents/b3d2cd633e254feab7e0dfea519368e5/download/</a>? (last visited Mar. 21,
2024).
\25\ Congressional Research Services, Yemen: Conflict, Maritime
Attacks, and U.S. Policy, Feb. 26, 2024, available at: <a href="https://crsreports.congress.gov/product/pdf/IF/IF12581">https://crsreports.congress.gov/product/pdf/IF/IF12581</a> (last visited Mar.
21, 2024).
\26\ World Health Organization, Eight Years of Prolonged
Conflict in Yemen Leave Over 20 Million People in Need of Urgent
Health Assistance, Mar. 25, 2023, available at: <a href="https://www.emro.who.int/media/news/eight-years-of-prolonged-conflict-in-yemen-leave-over-20-million-people-in-need-of-urgent-health-assistance.html#">https://www.emro.who.int/media/news/eight-years-of-prolonged-conflict-in-yemen-leave-over-20-million-people-in-need-of-urgent-health-assistance.html#</a>. (last visited Mar. 22, 2024).
\27\ Id.
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Based on this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
<bullet> The conditions supporting Yemen'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 Yemen
and, due to such conflict, requiring the return to Yemen of Yemeni
nationals (or individuals having no nationality who last habitually
resided in Yemen) would
[[Page 56769]]
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 Yemen that prevent Yemeni nationals (or individuals
having no nationality who last habitually resided in Yemen) from
returning to Yemen in safety, and it is not contrary to the national
interest of the United States to permit Yemeni 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 Yemen for TPS should be extended for an
18-month period, beginning on September 4, 2024, and ending on March 3,
2026. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
<bullet> Due to the conditions described above, Yemen should be
simultaneously extended and redesignated for TPS beginning on September
4, 2024, and ending on March 3, 2026. 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 July 2, 2024.
<bullet> Initial TPS applicants under the redesignation must
demonstrate that they have been continuously physically present in the
United States since September 4, 2024, the effective date of the
redesignation of Yemen for TPS.
<bullet> There are approximately 2,300 current Yemen TPS
beneficiaries who are eligible to re-register for TPS under the
extension.
<bullet> It is estimated that approximately 1,700 additional
individuals may be eligible for TPS under the redesignation of Yemen.
This population includes Yemeni nationals in the United States in
nonimmigrant status or without immigration status.
Notice of the Designation of Yemen 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 Yemen's designation for TPS on the basis of ongoing armed
conflict and extraordinary and temporary conditions are met. See INA
sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) and INA sec. 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C). On the basis of this determination, I am
simultaneously extending the existing designation of Yemen for TPS for
18 months, beginning on September 4, 2024, and ending on March 3, 2026,
and redesignating Yemen for TPS for the same 18-month period. See INA
sec. 244(b)(1)(A), (b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(A),
(b)(1)(C), and (b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Register or Re-
Register for TPS
To register or re-register for TPS based on the designation of
Yemen, you must submit a Form I-821. If you are submitting an initial
TPS application, you must pay the application fee for Form I-821 (or
request a fee waiver, which you may submit on Form I-912, Request for
Fee Waiver). If you are filing an application to re-register for TPS,
you do not need to pay the application fee. Whether you are registering
as an initial applicant or re-registering, you are required to pay the
biometric services fee. If you cannot pay the biometric services fee,
you may ask USCIS to waive the fee. Please see additional information
under the ``Biometric Services Fee'' section of this notice.
TPS beneficiaries are eligible for an EAD, which proves their
authorization to work in the United States. You are not required to
submit Form I-765 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 Yemen TPS application (Form I-821) that was
still pending as of July 10, 2024, do not need to file the application
again. If USCIS approves an individual's Form I-821, USCIS will grant
the individual TPS through March 3, 2026.
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 106.2 and the fee waiver-related regulations in 8
CFR 106.3. In addition, USCIS Form G-1055, Fee Schedule, provides the
current fees required for the Form I-821 and Form I-765 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. If you want to obtain an EAD, you must file Form I-765
and pay the Form I-765 fee (or request a fee waiver, which you may
submit on Form I-912). TPS applicants may file this form with their TPS
application, or separately later, if their TPS application is still
pending or has been approved.
Beneficiaries with a Yemen TPS-related Form I-765 that was still
pending as of July 10, 2024, 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 March 3, 2026.
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 Yemen'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, you can also
request an EAD by submitting a completed Form I-765 with your Form I-
821.
Online filing: Form I-821 and Form I-765 are available for
concurrent filing online.\28\ To file these forms online, you must
first create a USCIS online account.\29\
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\28\ 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>.
\29\ <a href="https://myaccount.uscis.gov/users/sign_up">https://myaccount.uscis.gov/users/sign_up</a>.
---------------------------------------------------------------------------
Mail filing: Mail your completed Form I-821; Form I-765, if
applicable; Form I-912, if applicable; and supporting documentation to
the proper address in Table 1--Mailing Addresses.
[[Page 56770]]
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
------------------------------------------------------------------------
Using the U.S. Postal Service (USPS)... USCIS, Attn: TPS Yemen, P.O.
Box 6943, Chicago, IL 60680-
6943.
Using FedEx, UPS, or DHL............... USCIS, Attn: TPS Yemen (Box
6943), 131 South Dearborn
Street, 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 to the appropriate address in Table
1. If you file online, please include the fee. If you file by mail,
please include the fee or fee waiver request. When you request an EAD
based on an IJ or BIA grant of TPS, please include with your
application a copy of the order from the IJ or BIA granting you TPS.
This will help us verify your grant of TPS and process your
application.
Supporting Documents
The filing instructions for Form I-821 list all the documents you
need to establish eligibility for TPS. You may also find information on
the acceptable documentation and other requirements for applying (also
called registering) for TPS on the USCIS website at <a href="https://www.uscis.gov/tps">https://www.uscis.gov/tps</a> under ``Yemen.''
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
USCIS grants travel authorization, it gives you permission to leave the
United States and return during a specific period. To request travel
authorization, you must file Form I-131, 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 you file 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.
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 your
approved or pending Form I-821.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with Form I- The address provided in Table
821. 1.
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
Notice of Action (Form I-797C or I-
797) showing USCIS 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
Notice of Action (Form I-797C or I-
797) showing USCIS accepted or
approved your Form I-821.
------------------------------------------------------------------------
Biometric Services Fee for TPS
Biometrics (such as fingerprints) are required for all applicants,
in addition to a biometric services fee. As previously stated, if you
cannot pay the biometric services fee, you may request a fee waiver,
which you may submit on Form I-912. 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>. USCIS may require you to visit an
Application Support Center to have your biometrics collected. For
additional information on the USCIS biometric screening process, please
see the USCIS Customer Profile Management Service Privacy Impact
Assessment, available at <a href="https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms">https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms</a>.
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at <a href="https://uscis.gov">https://uscis.gov</a> or visit the USCIS Contact Center at
<a href="https://www.uscis.gov/contactcenter">https://www.uscis.gov/contactcenter</a>. If 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 September 3, 2025, through this Federal Register notice?
Yes. Regardless of your country of birth, if you currently have a
Yemen TPS-based EAD with the notation A-12 or C-19 under Category and a
``Card Expires'' date of September 3, 2024, or March 3, 2023, this
Federal Register notice automatically extends your EAD through
September 3, 2025. Although this Federal Register notice automatically
extends your EAD through September 3, 2025, you must timely re-register
for TPS in accordance with the procedures described in this Federal
Register notice to maintain your TPS and avoid possible gaps in your
employment authorization documentation.
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
[[Page 56771]]
complete Form I-9 to verify the identity and employment authorization
of all new employees. Within three business 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 these lists. 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 more information.
If your EAD states A-12 or C-19 under Category and has a ``Card
Expires'' date of September 3, 2024, or March 3, 2023, this Federal
Register notice extends it automatically, and you may choose to present
your EAD to your employer as proof of identity and employment
eligibility for Form I-9 through September 3, 2025, unless your TPS has
been withdrawn or your request for TPS has been denied. Your country of
birth noted on the EAD does not have to reflect the TPS-designated
country of Yemen 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 reexamine your automatically
extended EAD to check the ``Card Expires'' date and Category code if
your employer did not keep a copy of your EAD when you initially
presented it. Once your employer has reviewed the ``Card Expires'' date
and Category code, they 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 more 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
September 3, 2025, but you are not required to do so. The last day of
the automatic EAD extension is September 3, 2025. Before you start work
on September 4, 2025, 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 these lists 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, even if you already have an EAD or work authorization based on
another immigration status. If you want to obtain a new TPS-based EAD
valid through March 3, 2026, you must file Form I-765 and pay the
associated fee (unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation to
complete Form I-9, such as evidence of my status, proof of my Yemeni
citizenship, or a Form I-797C showing that I registered for TPS?
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 other documentation, such as proof of Yemeni
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 if 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 September 4, 2025:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until'' and enter
September 3, 2025, 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 whether the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a ``Card Expires'' date of September 3,
2024, or March 3, 2023;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write September 3, 2025, as the expiration date.
Before the start of work on September 4, 2025, 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 whether
your EAD is automatically extended by ensuring that it contains
Category A-12 or C-19 and has a ``Card Expires'' date of September 3,
2024, or March 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, they should update Section 2 of your previously completed
Form I-9 as follows:
1. Write EAD EXT and September 3, 2025, 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 September 4, 2025,
when the
[[Page 56772]]
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 September 3,
2025, 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 an employee 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 September 4, 2025, 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#bcf59185ffd9d2c8ceddd0fcc9cfdfd5cf92d8d4cf92dbd3ca"><span class="__cf_email__" data-cfemail="672e4a5e2402091315060b271214040e1449030f1449000811">[email protected]</span></a>. USCIS accepts calls and emails in English,
Spanish, 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 many languages. Employers may also email IER
at <a href="/cdn-cgi/l/email-protection#440d0116043137202b2e6a232b32"><span class="__cf_email__" data-cfemail="256c6077655056414a4f0b424a53">[email protected]</span></a> or get more information online at <a href="https://www.justice.gov/ier">https://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#541d796d17313a20263538142127373d277a303c277a333b22"><span class="__cf_email__" data-cfemail="c881e5f18bada6bcbaa9a488bdbbaba1bbe6aca0bbe6afa7be">[email protected]</span></a>. USCIS accepts calls and emails
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 many 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 these lists. Employers may not require extra or additional
documentation other than what is required to complete Form I-9.
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 these employees an
opportunity 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 occurs if 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 or applicant, 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 Yemen;
<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 about which
document(s) the agency will accept.
Some state and local government agencies use SAVE to confirm the
current immigration status of applicants for public benefits. While
SAVE can verify that an individual has TPS or a pending TPS
application, each agency's procedures govern whether they will accept
an unexpired EAD, Form I-797, Form I-797C, or Form I-94. 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:
[[Page 56773]]
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://www.uscis.gov/save/save-casecheck">https://www.uscis.gov/save/save-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 your 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
allow you 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 correct or update your immigration record, make an
appointment, or submit a written request to correct records.
[FR Doc. 2024-15084 Filed 7-8-24; 11:15 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on July 10, 2024.
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.