Notice2025-00770
Extension of the Designation of Sudan for Temporary Protected Status
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 17, 2025
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Sudan for Temporary Protected Status (TPS) for 18 months, beginning on April 20, 2025, and ending on October 19, 2026. Existing TPS beneficiaries who wish to extend their status through October 19, 2026, must re-register during the 60-day re-registration period described in this notice.
Full Text
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<title>Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)</title>
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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 5944-5953]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00770]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2794-25; DHS Docket No. USCIS-2014-0003]
RIN 1615-ZB92
Extension of the Designation of Sudan for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) extension.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Sudan for Temporary Protected Status (TPS)
for 18 months, beginning on April 20, 2025, and ending on October 19,
2026. Existing TPS beneficiaries who wish to extend their status
through October 19,
[[Page 5945]]
2026, must re-register during the 60-day re-registration period
described in this notice.
DATES: Extension of Designation of Sudan for TPS begins on April 20,
2025, 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 Sudan's TPS designation by selecting
``Sudan'' from the menu on the left side of the TPS web page.
<bullet> If you have additional questions about TPS, please visit
<a href="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 Documents, Parole Documents, and
Arrival/Departure Records
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action (Approval Notice)
Form I-797C--Notice of Action (Receipt Notice)
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
PDF--Portable Document Format
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 Sudan for TPS: The 18-month extension
of the designation of Sudan for TPS begins on April 20, 2025, and will
remain in effect for 18 months, ending on October 19, 2026. The
extension allows existing TPS beneficiaries to retain TPS through
October 19, 2026, if they otherwise continue to meet the eligibility
requirements for TPS. Existing TPS beneficiaries who wish to extend
their status through October 19, 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 January 17, 2025, through March 18, 2025.
(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.)
Purpose of this Action (TPS)
Through this notice, DHS sets forth procedures necessary for
nationals of Sudan (or individuals having no nationality who last
habitually resided in Sudan) to re-register for TPS and apply to renew
their EAD with USCIS.
Re-registration is limited to individuals who have previously
registered for TPS under the prior designation of Sudan 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 Sudan's
designation, the 60-day re-registration period runs from January 17,
2025, through March 18, 2025. USCIS will issue new EADs with an October
19, 2026, expiration date to eligible beneficiaries granted TPS under
Sudan's designation 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 April 19,
2026, the validity of certain EADs previously issued under the TPS
designation of Sudan. As proof of continued employment authorization
through April 19, 2026, TPS beneficiaries can show their EAD with the
notation A-12 or C-19 under Category and a ``Card Expires'' date of
April 19, 2025, June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4,
2021, Jan. 2, 2020, April 2, 2019, Nov. 2, 2018, or Nov. 2, 2017. 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 Sudan or Application for Employment Authorization
(Form I-765) that was still pending as of January 17, 2025, 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 October
19, 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.
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, are
authorized to work, and may 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:
[[Page 5946]]
[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 TPS terminates.
When was Sudan designated for TPS?
Sudan was initially designated for TPS on November 4, 1997, on the
dual bases of ongoing armed conflict and extraordinary and temporary
conditions in Sudan that prevented nationals of Sudan from safely
returning. See Designation of Sudan Under Temporary Protected Status,
62 FR 59737 (Nov. 4, 1997). Sudan's designation was extended and/or it
was redesignated numerous times from its initial designation in 1997
until former Acting Secretary of Homeland Security Elaine Duke provided
notice in the Federal Register on October 11, 2017, that she was
terminating Sudan's TPS designation, effective November 2, 2018.\1\
This termination decision was the subject of litigation and a court
order.\2\ As a result, the termination did not take effect.\3\ In April
2022, Secretary Mayorkas newly designated Sudan on the basis of
extraordinary and temporary conditions effective April 19, 2022,
through October 19, 2023.\4\ In August 2023, the Secretary extended
this designation and also redesignated Sudan for TPS on the basis of
ongoing armed conflict and extraordinary and temporary conditions.\5\
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\1\ Termination of the Designation of Sudan for Temporary
Protected Status, 82 FR 47228 (Oct. 11, 2017).
\2\ Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. October 3,
2018).
\3\ Continuation of Documentation for Beneficiaries of Temporary
Protected Status Designations for El Salvador, Haiti, Nicaragua,
Sudan, Honduras, and Nepal, 87 FR 68717 (Nov. 16, 2022).
\4\ Designation of Sudan for Temporary Protected Status, 87 FR
23202 (Apr. 19, 2022).
\5\ Extension and Redesignation of Sudan for Temporary Protected
Status, 88 FR 56864 (Aug. 21, 2023).
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What authority does the Secretary have to extend the designation of
Sudan for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\6\ The
decision to designate any foreign state (or part thereof) is a
discretionary decision, and there is no judicial review of any
determination with respect to the designation, termination, or
extension of a designation. See INA 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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\6\ INA section 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Pub. L. 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
conditions in the foreign state continue 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. e INA
sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for Sudan through
October 19, 2026?
DHS has reviewed country conditions in Sudan. 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 Sudan's TPS
designation remain.
Overview
Sudan continues to endure an armed conflict and a humanitarian
crisis in which millions of individuals are exposed to violence,
illness, and forced displacement. The conflict between the Sudanese
Armed Forces (SAF) and Rapid Support Forces (RSF) that began in April
2023 has spread to most Sudanese states, devastating the civilian
population across the country. 11.4 million Sudanese--over 20 percent
of the population--have been forcibly displaced, with 2.3 million
having fled the country, resulting in the worst displacement crisis in
the world.\7\ High levels of food insecurity, including famine, as well
as the decimation of health care facilities, accompanied by multiple
disease outbreaks, have contributed to a humanitarian emergency in
Sudan. Further, Sudanese women and girls face widespread sexual and
gender-based violence.
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\7\ Sudan Situation, UNHCR, <a href="https://data.unhcr.org/en/situations/sudansituation">https://data.unhcr.org/en/situations/sudansituation</a> (last visited on Oct. 31, 2024).
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Armed Conflict
Political instability and power struggles following the October
2021 dissolution of the transitional government established after the
removal of former president Omar al-Bashir from office resulted in an
outbreak of fighting between the SAF, led by General Abdel Fatah al-
Burhan, and the RSF, led by General Mohamed Hamden Daglo, in April
2023.\8\ Since then, almost 15,000 people have been killed in the
conflict.\9\
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\8\ Dozens of civilians are dead as rival military factions
battle for control of Sudan, National Public Radio, April 17, 2023,
<a href="https://www.npr.org/2023/04/16/1170289462/sudans-army-and-rsf-are-doing-battle-leaving-56-civilians-dead">https://www.npr.org/2023/04/16/1170289462/sudans-army-and-rsf-are-doing-battle-leaving-56-civilians-dead</a>.
\9\ Civil War in Sudan, Council on Foreign Relations, <a href="https://www.cfr.org/global-conflict-tracker/conflict/power-struggle-sudan">https://www.cfr.org/global-conflict-tracker/conflict/power-struggle-sudan</a>,
(last visited on Oct. 31, 2024).
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While Khartoum has continued to be the epicenter of the fighting,
the warring factions, along with various allied militia, have engaged
in violent attacks throughout the country, with Darfur being the locus
of particularly deadly violence.\10\ According to the U.S. Department
of State, RSF-affiliated militias have reportedly committed killings,
abductions, rape, sexual slavery, and other physical abuses and
[[Page 5947]]
mistreatment of civilians across Sudan.\11\ The Secretary of State has
determined that members of the SAF and RSF committed war crimes in
Sudan and that members of the RSF and allied militias committed crimes
against humanity and ethnic cleansing.\12\ On January 7, 2025,
Secretary Blinken concluded that members of the RSF and allied militias
have committed genocide in Sudan.\13\ According to the U.N. Secretary
General, the conflict in Sudan has been marked by human rights
violations and breaches of international humanitarian law, with
civilians targeted by air strikes, aerial bombardments, heavy artillery
and indiscriminate shelling.\14\ The conflict has also featured
looting, arbitrary arrests, torture, and the recruitment of child
soldiers.\15\
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\10\ Sudan: Conflict Intensifies Following the Breakdown of
Jeddah Talks, Armed Conflict Location & Event Data (ACLED), June 23,
2023, <a href="https://acleddata.com/2023/06/23/sudan-situation-update-june-2023-conflict-intensifies-following-the-breakdown-of-jeddah-talks/">https://acleddata.com/2023/06/23/sudan-situation-update-june-2023-conflict-intensifies-following-the-breakdown-of-jeddah-talks/</a>;
2023 Country Reports on Human Rights Practices: Sudan, U.S. Dep't of
State, Mar. 30, 2024, <a href="https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan">https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan</a>.
\11\ 2023 Country Reports on Human Rights Practices: Sudan, U.S.
Dep't of State, Mar. 30, 2024, <a href="https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan">https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan</a>.
\12\ 2023 Country Reports on Human Rights Practices: Sudan, U.S.
Dep't of State, Mar. 30, 2024, <a href="https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan">https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan</a>.
\13\ Genocide Determination in Sudan and Imposing Accountability
Measures, January 7, 2025 <a href="https://www.state.gov/genocide-determination-in-sudan-and-imposing-accountability-measures/">https://www.state.gov/genocide-determination-in-sudan-and-imposing-accountability-measures/</a> (last
visited on Jan. 9, 2025).
\14\ Situation in the Sudan, U.N. Security Council, Feb. 29,
2024, pg. 7, <a href="https://www.ecoi.net/en/file/local/2105958/n2405132.pdf">https://www.ecoi.net/en/file/local/2105958/n2405132.pdf</a>.
\15\ Situation in the Sudan, U.N. Security Council, Feb. 29,
2024, pg. 7, <a href="https://www.ecoi.net/en/file/local/2105958/n2405132.pdf">https://www.ecoi.net/en/file/local/2105958/n2405132.pdf</a>.
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Forced Displacement
In October 2024, the U.N. Office for the Coordination of
Humanitarian Affairs (UNOCHA) reported that ``[a]n estimated 10.9
million [of a total estimated population of 50 million] \16\ were now
internally displaced within Sudan, of whom 8.1 million were displaced
after 15 April 2023.'' \17\ UNOCHA also noted that, by September 2024,
about 2.2 million Sudanese had fled from Sudan to Egypt, Chad, the
Central African Republic, Ethiopia, Libya, and South Sudan.'' \18\
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\16\ Health data overview for the Republic of Sudan, World
Health Organization, <a href="https://data.who.int/countries/729">https://data.who.int/countries/729</a> (last
visited on Oct. 31, 2024).
\17\ Sudan Humanitarian Update, UNOCHA, Oct. 1, 2024, <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024">https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024</a>.
\18\ Sudan Humanitarian Update, UNOCHA, Oct. 1, 2024, <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024">https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024</a>.
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Access to Food
The World Food Program (WFP) has noted that increased food prices--
a ``28 percent increase in the cost of the WFP local food basket from
June to July 2024, driven by a sharp rise in the prices of basic
commodities''--have worsened ``the already dire food security situation
across the country.'' \19\ UNOCHA and UNCHR reported in September 2024
that ``Sudan is now also the world's largest hunger crisis, with over
half of the country's population--nearly 26 million people--facing high
levels of acute hunger.'' \20\ Global food security experts have
confirmed famine conditions in North Darfur.\21\ According to the WFP,
``13 other areas in Sudan, primarily in Darfur, Kordofan, Khartoum, and
Gezira are at risk of famine.'' \22\
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\19\ WFP Sudan Regional Crisis External Situation Report #8,
WFP, Sept. 19, 2024, <a href="https://reliefweb.int/report/sudan/wfp-sudan-regional-crisis-external-situation-report-8-31-august-2024">https://reliefweb.int/report/sudan/wfp-sudan-regional-crisis-external-situation-report-8-31-august-2024</a>.
\20\ Global community to urge action on escalating Sudan crisis
at UN General Assembly, UNOCHA, UNHCR, Sept. 25, 2024, <a href="https://reliefweb.int/report/sudan/global-community-urge-action-escalating-sudan-crisis-un-general-assembly-25-september-2024-enar">https://reliefweb.int/report/sudan/global-community-urge-action-escalating-sudan-crisis-un-general-assembly-25-september-2024-enar</a>.
\21\ Sexual violence and famine stalk Sudan's displaced, U.N.
News, Aug. 13, 2024, <a href="https://reliefweb.int/report/sudan/sexual-violence-and-famine-stalk-sudans-displaced">https://reliefweb.int/report/sudan/sexual-violence-and-famine-stalk-sudans-displaced</a>.
\22\ WFP Sudan Regional Crisis External Situation Report #8,
WFP, Sept. 19, 2024, <a href="https://reliefweb.int/report/sudan/wfp-sudan-regional-crisis-external-situation-report-8-31-august-2024">https://reliefweb.int/report/sudan/wfp-sudan-regional-crisis-external-situation-report-8-31-august-2024</a>.
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Disease and Access to Healthcare
In September 2024, the World Health Organization (WHO) ``estimated
70--80% of health facilities in areas worst affected by conflict, such
as Al Jazirah, Kordofan, Darfur and Khartoum, and about 45% in other
parts of the country, are now barely operational or closed, impacting
millions of people living through one of the worst humanitarian
disasters in recent memory.'' \23\ Sudan is also experiencing outbreaks
of multiple diseases, such as cholera, malaria, dengue fever, measles,
and rubella resulting from the ``lack of operational health facilities,
treatment, and medicines.'' \24\ In October 2024, UNOCHA stated that
``an estimated 3.4 million children under five years are at high risk
of epidemic diseases'' stemming from ``significant declines in
vaccination rates and the destruction of health, water, sanitation and
hygiene infrastructure as a result of the ongoing conflict.'' \25\
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\23\ Sudan surpasses 100 attacks on healthcare since 2023 armed
conflict began, WHO, Sept. 24, 2024, <a href="https://reliefweb.int/report/sudan/sudan-surpasses-100-attacks-healthcare-2023-armed-conflict-began">https://reliefweb.int/report/sudan/sudan-surpasses-100-attacks-healthcare-2023-armed-conflict-began</a>.
\24\ Sudan Humanitarian Update, UNOCHA, Oct. 1, 2024, <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024">https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024</a>.
\25\ Sudan Humanitarian Update, UNOCHA, Oct. 1, 2024, <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024">https://reliefweb.int/report/sudan/sudan-humanitarian-update-1-october-2024</a>.
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Gender-Based Violence
In Sudan, women and girls face widespread threats of sexual and
gender-based violence.\26\ According the U.S. Department of State
``[s]ince April [2023], humanitarian workers received an increasing
number of reports of gender-based violence, including sexual violence,
particularly against IDPs and women and girls in conflict areas.'' \27\
UNOCHA has reported that survivors of gender-based violence ``are
facing life-threatening consequences such as strong suicidal
tendencies.'' \28\ Armed Conflict Location & Event Data (ACLED) has
reported surging sexual violence and its use as a weapon in the
conflict by armed groups that ``disproportionately target women and
girls with multiple cases of sexual assault, including rape and sexual
slavery, in the absence of authorities to curb the abuse and medical
facilities to treat both the physical and mental effects of sexual
violence.'' \29\
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\26\ Report of the Independent International Fact-Finding
Mission for the Sudan, U.N. Human Rights Council, September 6, 2024,
pg. 10, <a href="https://www.ohchr.org/en/hr-bodies/hrc/ffm-sudan/index">https://www.ohchr.org/en/hr-bodies/hrc/ffm-sudan/index</a>.
\27\ 2023 Country Reports on Human Rights Practices: Sudan, U.S.
Dep't of State, Mar. 30, 2024, <a href="https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan">https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/sudan</a>.
\28\ Gender-based Violence Sub-cluster Response, UNOCHA, Oct.
15, 2023, <a href="https://reports.unocha.org/en/country/sudan/card/5HPjTQBSaq/">https://reports.unocha.org/en/country/sudan/card/5HPjTQBSaq/</a>.
\29\ Sudan Protection Concerns: ten months into the war, ACAPS,
Feb. 29, 2024, pg. 3, <a href="https://www.acaps.org/fileadmin/Data_Product/Main_media/20240229_ACAPS_Sudan_analysis_hub_protection_concerns_10_months_into_the_war.pdf">https://www.acaps.org/fileadmin/Data_Product/Main_media/20240229_ACAPS_Sudan_analysis_hub_protection_concerns_10_months_into_the_war.pdf</a>.
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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 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 Sudan
and, due to such conflict, requiring the return to Sudan of Sudanese
nationals (or individuals having no nationality who last habitually
resided in Sudan) would pose a serious threat to their personal safety.
See INA sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
<bullet> There continue to be extraordinary and temporary
conditions in Sudan that prevent Sudanese nationals (or individuals
having no nationality who last habitually resided in Sudan) from
returning to Sudan in safety, and it is not contrary to the national
interest of the United States to permit Sudanese TPS beneficiaries to
remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8
U.S.C. 1254a(b)(1)(C).
<bullet> The designation of Sudan for TPS should be extended for an
18-month period, beginning on April 20, 2025, and ending on October 19,
2026. See
[[Page 5948]]
INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
<bullet> There are approximately1,900 current Sudanese TPS
beneficiaries who are eligible to re-register for TPS under the
extension.
Notice of the Designation of Sudan for TPS
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting Sudan's designation for TPS on the 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
Sudanese TPS beneficiaries to remain in the United States temporarily.
See INA secs. 244(b)(1)(A) and (b)(1)(C), 8 U.S.C. 1254a(b)(1)(A) and
(b)(1)(C). On the basis of this determination, I am extending the
existing designation of Sudan for TPS for 18 months, beginning on April
20, 2025, and ending on October 19, 2026. See INA sec. 244(b)(1) and
(b)(2); 8 U.S.C. 1254a(b)(1), 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 re-register for TPS based on the designation of Sudan, you must
submit a Form I-821. When filing an application to re-register for TPS,
you do not need to pay the application fee; however, 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 Sudan TPS application (Form I-821) that was
still pending as of January 17, 2025, do not need to file the
application again. If USCIS approves an individual's Form I-821, USCIS
will grant the individual TPS through October 19, 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 existing
TPS beneficiaries who are re-registering.
How Can TPS Beneficiaries Obtain an 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 Sudan TPS-related Form I-765 that was still
pending as of January 17, 2025, 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 October 19,
2026.
Can My TPS-Related EAD Be Automatically Extended?
Yes. There are two ways for your TPS-related EAD to be
automatically extended. First, if you already have an EAD with a ``Card
Expires'' date of April 19, 2025, June 30, 2024, Dec. 31, 2022, Oct. 4,
2021, Jan. 4, 2021, Jan. 2, 2020, April 2, 2019, Nov. 2, 2018, or Nov.
2, 2017, this Federal Register notice automatically extends it through
April 19, 2026 without any further action on your part. You do not need
to present this FRN or any other additional documentation other than
your EAD to use this automatic extension.
Second, you may also be eligible for a longer automatic extension
of up to 540 days from the ``Card Expires'' date on the EAD if you file
your Form I-765 EAD renewal application during the re-registration
period of January 17, 2025, through March 18, 2025 (``Up to 540-Day
Automatic EAD Extension'').\30\ See the section ``How can I receive an
automatic extension of my current TPS EAD for up to 540 days from the
``Card Expires'' date on the EAD by filing an EAD renewal application
(``Up to 540-Day Automatic EAD Extension'')?'' of this Federal Register
notice for more information. Your EAD may be eligible for both types of
extensions. If you take advantage of both types of EAD extensions, the
automatic extension periods run concurrently.
---------------------------------------------------------------------------
\30\ Under 8 CFR 274a.13(d), EADs with category A-12 and C-19
are eligible for an automatic extension of up to 540 days from the
date on the face of the EAD if the bearer's Form I-765 application
is properly filed under either the A-12 or C-19 category and during
the re-registration period described in the applicable Federal
Register notice.
---------------------------------------------------------------------------
Filing Information
USCIS offers the option to applicants for TPS under Sudan's
designation to file Form I-821 and related requests for EADs online or
by mail. However, if you file Form I-912, Request for Fee Waiver or a
written fee waiver request for any applications filed together with
your Form I-821, you must submit your applications 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. Under certain circumstances,
you may also upload a completed Form I-765 with a fee or fee waiver
request, in Portable Document Format (PDF) through your USCIS online
account. More information about filing your Form I-765 and fee waiver
request through a PDF upload is available at <a href="https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option">https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option</a>.
Online filing: Form I-821 and Form I-765 are available for
concurrent filing online.\31\ To file these forms online, you must
first create a USCIS online account.\32\
---------------------------------------------------------------------------
\31\ 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>.
\32\ <a href="https://myaccount.uscis.gov/users/sign_up">https://myaccount.uscis.gov/users/sign_up</a>.
---------------------------------------------------------------------------
PDF upload: Form I-765, if applicable, and Form I-912, if
applicable, are available for PDF upload. To upload these documents,
you must first create a USCIS online account.\33\
---------------------------------------------------------------------------
\33\ <a href="https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option">https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option</a>. Sign up to create a new USCIS
online account at <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 5949]]
Table 1--Mailing Addresses
------------------------------------------------------------------------
Then, mail your
If you send your paper application via: application to:
------------------------------------------------------------------------
U.S. Postal Service USPS.......................... USCIS, Attn: TPS
Sudan, P.O. Box
6943, Chicago, IL
60680-6943.
FedEx, UPS, or DHL deliveries..................... USCIS, Attn: TPS
Sudan (Box 6943),
131 S Dearborn St.,
3rd Floor, Chicago,
IL 60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, you may
file Form I-765 online, mail your Form I-765 to the appropriate address
in Table 1, or submit a PDF upload. If you file online, you will be
prompted to include the fee. If you file by mail, you must include the
fee or fee waiver request. If you file by PDF upload, you must include
the fee or a 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 re-register for TPS. You may also find information on the
acceptable documentation and other requirements for re-registering) for
TPS on the USCIS website at <a href="https://www.uscis.gov/tps">https://www.uscis.gov/tps</a> under ``Sudan.''
Travel
TPS beneficiaries and TPS applicants with pending Form I-821
applications may also apply for travel authorization, which USCIS may
grant 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 filing Form I-131, a TPS beneficiary must:
<bullet> Select Item Number 4 in Part 1 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.
When filing Form I-131, a TPS applicant with a pending initial Form
I-821 must:
<bullet> Select Item Number 5C in Part 1 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 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, Notice of Action, or Form I-797C,
Notice of Action, indicating either approval or receipt of Form I-821.
Form I-131 may not be filed by PDF upload.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with Form I-821........ The address provided
in Table 1.
Filing Form I-131 based on a pending or approved USCIS, Attn: I-131
Form I-821, and you are using the U.S. Postal TPS, P.O. Box
Service (USPS). 660167, Dallas, TX
75266-0867.
You must include a copy of the Notice of Action
(Form I-797C or I-797) showing USCIS received or
approved your Form I-821.
Filing Form I-131 based on a pending or approved USCIS, Attn: I-131
Form I-821, and you are using FedEx, UPS, or DHL. TPS, 2501 S State
Hwy. 121 Business,
Ste. 400,
Lewisville, TX
75067.
You must include a copy of the Notice of Action
(Form I-797C or I-797) showing USCIS received 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 April 19, 2026, through this Federal Register notice (``FRN-
Based Automatic EAD Extension'')?
Yes. Regardless of your country of birth, if you currently have a
Sudan TPS-based EAD with the notation A-12 or C-19 under Category and a
``Card Expires'' date of April 19, 2025, June 30, 2024, Dec. 31, 2022,
Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, April 2, 2019, Nov. 2, 2018,
or Nov. 2, 2017, this Federal Register notice automatically extends
your EAD through April 19, 2026 without any further action on your
part. Although this Federal Register notice automatically extends your
EAD through April 19, 2026, you still must timely re-register for TPS
in accordance with the procedures described in this
[[Page 5950]]
Federal Register notice to maintain your TPS. You also should file your
form I-765 timely to avoid possible gaps in your employment
authorization documentation.
How can I receive an automatic extension of my current TPS EAD for up
to 540 days from the ``Card Expires'' date on the EAD by filing an EAD
renewal application (``Up to 540-Day Automatic EAD Extension'')?
You qualify for this other type of automatic EAD extension if:
<bullet> You properly file your renewal Form I-765 during the TPS
re-registration period which is January 17, 2025, through March 18,
2025; and
<bullet> Your Form I-765 EAD renewal application is under category
A-12 or C-19.
As long as the categories listed on your EAD and Form I-797C
receipt notice are A-12 or C-19, they don't need to be the same. (For
example, your EAD may still be automatically extended for up to 540
days if your facially expired or expiring EAD says C-19 and your
renewal application says A-12.)
For purposes of your employer verifying your employment eligibility
on the Form I-9, if you choose to complete your Form I-9 using the ``Up
to 540-Day Automatic EAD Extension,'' the automatic extension period
starts from the ``Card Expires'' date on your EAD. You may use the EAD
Automatic Extension Calculator available at <a href="https://www.uscis.gov/eadautoextend">https://www.uscis.gov/eadautoextend</a> to determine the automatically extended expiration date.
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 business 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 one selection from List A (which provides evidence
of both identity and employment authorization) or one selection from
List B (which provides evidence of your identity) together with one
selection 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.
A. FRN-based Automatic EAD Extension. If your EAD states A-12 or C-
19 under Category and has a ``Card Expires'' date of April 19, 2025,
June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020,
April 2, 2019, Nov. 2, 2018, or Nov. 2, 2017, 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 April 19, 2026. Your country of birth noted on the EAD
does not have to reflect the TPS-designated country of Sudan for you to
be eligible for this extension. You may, but are not required to, 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 April 19, 2026.
B. Up to 540-day Automatic EAD Extension. To show that you qualify
for this extension, present:
1. Your EAD with a Category Code of A-12 or C-19 and
2. Your Form I-797C, Notice of Action, for your Form I-765 renewal
EAD application showing a Category Code of A-12 or C-19. The ``Received
Date'' on this notice must fall within the re-registration period
described in this FRN, which is from (January 17, 2025,through March
18, 2025).
The A-12 or C-19 categories on your Form I-797C, Notice of Action,
and facially expired or expiring A-12 or C-19 EAD do not need to match,
as long as each lists A-12 or C-19 as the category. (For example, your
EAD may still be automatically extended for up to 540 days if your EAD
says C-19 and your renewal application says A-12.)
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?
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.
A. FRN-based Automatic EAD Extension. If you choose to use the
automatic EAD extension based on this Federal Register notice, 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 April 19, 2026; however, you are not required to do so. The
last day of this automatic EAD extension is April 19, 2026. Before you
start work on April 20, 2026, your employer is required by law to
reverify your employment authorization on Form I-9.
B. Up to 540-day Automatic EAD Extension. If you filed your EAD
renewal application during the re-registration period indicated in this
Federal Register notice and choose to have your EAD automatically
extended for up to 540 days from the ``Card Expires'' date on your EAD,
present:
1. Your facially expired or expiring EAD with a Category Code of A-
12 or C-19, and
2. The Form I-797C, Notice of Action, showing a Category Code of A-
12 or C-19. The ``Received Date'' on this notice must fall within the
re-registration period described in this FRN, which is from (January
17, 2025, through March 3, 2025).
By the end date of your automatic EAD extension, 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 October 19, 2026, you must file Form I-765 and pay the
associated fee (unless USCIS grants your fee waiver request).
[[Page 5951]]
Can my employer require that I provide any other documentation to
complete Form I-9, such as evidence of my status, proof of my Sudanese
citizenship, or a Form I-797 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
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 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 April 20, 2026:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until'' and enter
October 19, 2026, 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 April 19,
2025, June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2,
2020, April 2, 2019, Nov. 2, 2018, or Nov. 2, 2017;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write April 19, 2026, as the expiration date.
Before the start of work on April 20, 2026, employers must reverify
the employee's employment authorization on Form I-9.
B. Up to 540-day Automatic EAD Extension. If you filed your EAD
renewal application during the re-registration period indicated in this
Federal Register notice and choose to have your EAD automatically
extended for up to 540 days from the ``Card Expires'' date on your EAD:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until;'' 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.)
c. Enter October 19, 2026 as the expiration date.
2. In Section 2, in the List A column, the employer must:
a. Determine whether the EAD is automatically extended by ensuring
it is in category A-12 or C-19 and that your Form I-797C indicates that
you filed your Form I-765 renewal EAD application under Category A12 or
C19 and during the re-registration period indicated in this Federal
Register notice;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. In the Expiration Date field, enter the date 540 days from the
``Card Expires'' date on the EAD. This date may not be later than
October 19, 2026. Use the Automatic Extension Eligibility Calculator at
<a href="https://www.uscis.gov/eadautoextend">https://www.uscis.gov/eadautoextend</a> to calculate your new EAD
expiration date.
f. Employers should also enter ``EAD EXT'' in the Additional
Information field.
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.
A. FRN-based automatic EAD Extension. If you are relying on an FRN-
based automatic EAD extension, your employer should examine your EAD to
see if it has a ``Card Expires'' date of April 19, 2025, June 30, 2024,
Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, April 2, 2019,
Nov. 2, 2018, or Nov. 2, 2017. 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 April 19, 2026, 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 April 20, 2026, 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.
B. Up to 540-day Automatic EAD Extension. If you are relying on an
up to 540-day automatic EAD extension, your employer must also examine
your Form I-797C indicating receipt of your Form I-765 renewal EAD
application to determine if it was filed under Category A-12 or C-19
and during the re-registration period indicated in this Federal
Register notice. Your employer will need to update Form I-9 by entering
the appropriate automatic EAD extension expiration date and ``EAD EXT''
in the Section 2 Additional Information field. The new up to 540-day
EAD extension expiration date starts from the ``Card Expires'' date on
the face of your current EAD, not to exceed the TPS designation end
date indicated in this Federal Register notice. Use the Automatic
Extension Eligibility Calculator at <a href="https://www.uscis.gov/eadautoextend">https://www.uscis.gov/eadautoextend</a>
to calculate your new EAD expiration date.
Note: This information also applies if you initially presented a
TPS-related EAD that was automatically extended by the FRN-Based
Automatic EAD Extension and later obtained an up to 540-day automatic
EAD extension.
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 EAD document number and expiration date from Section 2 of
Form I-9 into the corresponding fields in E-Verify.
[[Page 5952]]
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?
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. You must reverify your employee's employment
authorization on Form I-9 by the date their automatic EAD extension
ends. 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#2e6703176d4b405a5c4f426e5b5d4d475d004a465d00494158"><span class="__cf_email__" data-cfemail="e2abcfdba1878c9690838ea29791818b91cc868a91cc858d94">[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#e7aea2b5a7929483888dc9808891"><span class="__cf_email__" data-cfemail="29606c7b695c5a4d4643074e465f">[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#e4adc9dda7818a90968588a49197878d97ca808c97ca838b92"><span class="__cf_email__" data-cfemail="fbb2d6c2b89e958f899a97bb8e88989288d59f9388d59c948d">[email protected]</span></a>. USCIS accepts and emails 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 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 EAD that has been
automatically extended by 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.
If you are presenting an EAD extended by an up to 540-day extension,
you will need to show your Form I-797C, Notice of Action, reflecting
receipt of your Form I-765. 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 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 about
which document(s) the agency will accept.
Some state and local government agencies use SAVE, <a href="https://www.uscis.gov/save">https://www.uscis.gov/save</a>, 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:
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.
[[Page 5953]]
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/for-benefit-applicants">https://www.uscis.gov/save/for-benefit-applicants</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. 2025-00770 Filed 1-13-25; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on January 17, 2025.
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.