Extension and Redesignation of the Republic of Yemen for Temporary Protected Status, 859-866 [2016-31003]
Download as PDF
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices
93.846–93.878, 93.892, 93.893, National
Institutes of Health, HHS)
FOR FURTHER INFORMATION CONTACT:
Dated: December 28, 2016.
Sylvia L. Neal,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2016–31849 Filed 1–3–17; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2592–16; DHS Docket No. USCIS–
2015–0005]
RIN 1615–ZB61
Extension and Redesignation of the
Republic of Yemen for Temporary
Protected Status
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
AGENCY:
Through this Notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
extending the designation of the
Republic of Yemen (Yemen) for
Temporary Protected Status (TPS) for 18
months, from March 4, 2017, through
September 3, 2018, and redesignating
Yemen for TPS for 18 months, effective
March 4, 2017, through September 3,
2018. Through this Notice, DHS also
sets forth procedures necessary for
Yemeni nationals (or aliens having no
nationality who last habitually resided
in Yemen) either to re-register under the
extension, if they already have TPS, and
to apply for renewal of their
Employment Authorization Documents
(EAD) with U.S. Citizenship and
Immigration Services (USCIS) or submit
an initial registration application under
the redesignation and apply for an EAD.
DATES: Extension of Designation of
Yemen for TPS: The 18-month
extension of the TPS designation of
Yemen is effective March 4, 2017, and
will remain in effect through September
3, 2018. The 60-day re-registration
period runs from January 4, 2017
through March 6, 2017.
Redesignation of Yemen for TPS: The
redesignation of Yemen for TPS is
effective March 4, 2017, and will remain
in effect through September 3, 2018, a
period of 18 months. The 180-day initial
registration period for new applicants
under the Yemen TPS redesignation
runs from January 4, 2017 through July
3, 2017.
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:46 Jan 03, 2017
Jkt 241001
• For further information on TPS,
including guidance on the application
process and additional information on
eligibility, please visit the USCIS TPS
Web page at https://www.uscis.gov/tps.
• You can find specific information
about this extension and redesignation
of Yemen for TPS by selecting ‘‘Yemen’’
from the menu on the left side of the
TPS Web page. You can also contact
Guillermo Roman-Riefkohl, TPS
Program Manager, Waivers and
Temporary Services Branch, Service
Center Operations Directorate, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2060; or by
phone at 202–272–1533 (this is not a
toll-free number). Note: The phone
number provided here is solely for
questions regarding this TPS Notice. It
is not for individual case status
inquiries.
• Applicants seeking information
about the status of their individual cases
can check Case Status Online, available
at the USCIS Web site at https://
www.uscis.gov, or call the USCIS
National Customer Service Center at
800–375–5283 (TTY 800–767–1833).
• Further information will also be
available at local USCIS offices upon
publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA—Board of Immigration Appeals
DHS—Department of Homeland Security
DOS—Department of State
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
Government—U.S. Government
IJ—Immigration Judge
INA—Immigration and Nationality Act
OSC—U.S. Department of Justice, Office of
Special Counsel for Immigration-Related
Unfair Employment Practices
SAVE—USCIS Systematic Alien Verification
for Entitlements Program
Secretary—Secretary of Homeland Security
TNC—Tentative Nonconfirmation
TPS—Temporary Protected Status
TTY—Text Telephone
USCIS—U.S. Citizenship and Immigration
Services
The extension allows TPS
beneficiaries to retain TPS through
September 3, 2018, so long as they
continue to meet the eligibility
requirements for TPS. The redesignation
of Yemen expands eligibility for TPS to
include individuals who have been
continuously residing in the United
States since January 4, 2017. Previously,
only individuals who had been
continuously residing in the United
States since September 3, 2015, were
eligible for TPS under Yemen’s
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
859
designation. The Secretary has
determined that an extension of
Yemen’s current designation for TPS is
warranted because the conditions that
supported its designation on the basis of
ongoing armed conflict persist.
Additionally, the Secretary has
determined that a redesignation of
Yemen for TPS is warranted due to the
ongoing armed conflict and to the
extraordinary and temporary conditions
in Yemen that prevent Yemeni nationals
from returning in safety. The
redesignation will extend TPS
protection to eligible individuals who
have arrived in the United States after
the eligibility cutoff dates established by
Yemen’s previous designation for TPS
in September 2015. The redesignation is
based on the Secretary’s determinations
under the statute that (1) there
continues to be an ongoing armed
conflict in Yemen and, due to such
conflict, requiring the return of Yemeni
nationals to Yemen would pose a
serious threat to their personal safety,
and (2) there are extraordinary and
temporary conditions in Yemen that
prevent Yemeni nationals from
returning to Yemen in safety, and it is
not contrary to the national interest of
the United States to permit Yemeni
nationals to remain temporarily in the
United States.
For individuals who have already
been granted TPS under Yemen’s
designation, the 60-day re-registration
period runs from January 4, 2017
through March 6, 2017. USCIS will
issue new EADs with a September 3,
2018, expiration date to eligible Yemen
TPS beneficiaries who timely re-register
and apply for EADs under this
extension. Given the timeframes
involved with processing TPS reregistration applications, DHS
recognizes that not all re-registrants will
receive new EADs before their current
EADs expire on March 3, 2017.
Accordingly, through this Notice, DHS
automatically extends the validity of
EADs issued under Yemen’s TPS
designation for 6 months, through
September 3, 2017, and explains how
TPS beneficiaries and their employers
may determine which EADs are
automatically extended and their impact
on Employment Eligibility Verification
(Form I–9) and E-Verify processes.
Under the redesignation, individuals
who currently do not have TPS may
submit an initial application during the
180-day initial registration period that
runs from January 4, 2017 through July
3, 2017. In order to receive a grant of
TPS, initial applicants under this
redesignation must demonstrate that
they have continuously resided in the
United States since January 4, 2017 and
E:\FR\FM\04JAN1.SGM
04JAN1
860
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices
been continuously physically present in
the United States since March 4, 2017,
in addition to meeting all other TPS
eligibility criteria.
Applications for TPS that were filed
pursuant to Yemen’s September 2015
TPS designation and remain pending on
January 4, 2017 will be treated as initial
applications under this 2016
redesignation. Individuals who have a
pending initial Yemen TPS application
do not need to file a new Application
for Temporary Protected Status (Form I–
821).
What is Temporary Protected Status
(TPS)?
• TPS is a temporary immigration
status granted to eligible nationals of a
country designated for TPS under the
Immigration and Nationality Act (INA),
or to eligible persons without
nationality who last habitually resided
in the designated country.
• During the TPS designation period,
TPS beneficiaries are eligible to remain
in the United States, may not be
removed, and may obtain work
authorization, so long as they continue
to meet the requirements of TPS.
• TPS beneficiaries may also be
granted travel authorization as a matter
of discretion.
• The granting of TPS does not result
in or lead to permanent resident status.
• When the Secretary terminates a
country’s TPS designation, TPS benefits
end, but former TPS beneficiaries
continue to hold the same immigration
status they maintained before TPS, if
any (unless that status has since expired
or been terminated), or any other
lawfully obtained immigration status
they received while registered for TPS.
When was Yemen designated for TPS?
mstockstill on DSK3G9T082PROD with NOTICES
On September 3, 2015, the Secretary
designated Yemen for TPS based on
ongoing armed conflict in the country
that posed a serious threat to the
personal safety of returning nationals.
See Designation of the Republic of
Yemen for Temporary Protected Status,
80 FR 53319 (Sept. 3, 2015). This
announcement marks the first extension
and the first redesignation of TPS for
Yemen since its initial designation in
September 2015.
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 U.S.
Government (Government) agencies, to
designate a foreign state (or part thereof)
for TPS if the Secretary finds that
VerDate Sep<11>2014
16:46 Jan 03, 2017
Jkt 241001
certain country conditions exist.1 The
Secretary may then grant TPS to eligible
nationals of that foreign state (or aliens
having no nationality who last
habitually resided in that state). See INA
section 244(a)(1)(A), 8 U.S.C.
1254a(a)(1)(A).
At least 60 days before the expiration
of a country’s TPS designation, the
Secretary, after consultation with
appropriate Government agencies, must
review the conditions in a foreign state
designated for TPS to determine
whether the conditions for the TPS
designation continue to be met. See INA
section 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). If the Secretary
determines that a foreign state continues
to meet the conditions for TPS
designation, the designation may be
extended for an additional period of 6,
12, or 18 months. See INA section
244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If
the Secretary determines that the foreign
state no longer meets the conditions for
TPS designation, the Secretary must
terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B).
What is the Secretary’s authority to
redesignate 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 section 244(b)(1), 8 U.S.C.
1254a(b)(1); see also INA section
244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i)
(requiring that ‘‘the alien has been
continuously physically present since
the effective date of the most recent
designation of the state’’) (emphasis
added). This is one of numerous
instances in which the Secretary, and
prior to the establishment of DHS, the
Attorney General, has simultaneously
extended a country’s TPS designation
and redesignated the country for TPS.
See, e.g., Extension and Redesignation
of Syria for Temporary Protected Status,
81 FR 50533 (Aug. 1, 2016); Extension
and Redesignation of South Sudan for
Temporary Protected Status, 81 FR 4051
(Jan. 25, 2016); Extension and
Redesignation of Haiti for Temporary
Protected Status, 76 FR 29000 (May 19,
2011); Extension of Designation and
Redesignation of Liberia Under
1 As of March 1, 2003, in accordance with section
1517 of title XV of the Homeland Security Act of
2002, Public Law 107–296, 116 Stat. 2135, any
reference to the Attorney General in a provision of
the INA describing functions transferred from the
Department of Justice to DHS ‘‘shall be deemed to
refer to the Secretary’’ of Homeland Security. See
6 U.S.C. 557 (codifying the Homeland Security Act
of 2002, tit. XV, section 1517).
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
Temporary Protected Status Program, 62
FR 16608 (Apr. 7, 1997) (discussing
legal authority for redesignation of a
country for TPS).
When the Secretary designates or
redesignates a country for TPS, he or
she also has the discretion to establish
the date from which TPS applicants
must demonstrate that they have been
‘‘continuously resid[ing]’’ in the United
States. See INA section 244(c)(1)(A)(ii),
8 U.S.C. 1254a(c)(1)(A)(ii). This
discretion permits the Secretary to tailor
the ‘‘continuous residence’’ date to offer
TPS to the group of eligible individuals
that the Secretary deems appropriate.
The Secretary has determined that the
‘‘continuous residence’’ date for
applicants for TPS under the
redesignation of Yemen shall be January
4, 2017. Initial applicants for TPS under
this redesignation must also show they
have been ‘‘continuously physically
present’’ in the United States since
March 4, 2017, which is the effective
date of the Secretary’s redesignation of
Yemen. See INA section 244(c)(1)(A)(i),
8 U.S.C. 1254a(c)(1)(A)(i). For each
initial TPS application filed under the
redesignation, the final determination of
whether the applicant has met the
‘‘continuous physical presence’’
requirement cannot be made until
March 4, 2017. USCIS, however, will
issue EADs, as appropriate, during the
registration period in accordance with 8
CFR 244.5(b) to individuals who file
their applications before March 4, 2017.
Why is the Secretary extending the TPS
designation for Yemen and
simultaneously redesignating Yemen
for TPS through September 3, 2018?
DHS, in consultation with the
Department of State, has conducted a
thorough review of conditions in
Yemen. Based on this review, the
Secretary has determined that an 18month extension of Yemen’s
designation for TPS is warranted
because the conditions that supported
its designation on the basis of ongoing
armed conflict persist. Ongoing armed
conflict within Yemen continues to pose
a serious threat to the personal safety of
returning nationals.
Furthermore, redesignation is
warranted due to the continued
deterioration of the conditions for
civilians in Yemen and the resulting
need to offer protection to individuals
who have arrived in the United States
after the eligibility cutoff dates
established by Yemen’s previous
designation for TPS in September 2015.
The redesignation is based on the dual
statutory grounds of (1) ongoing armed
conflict in Yemen and, due to such
conflict, requiring the return of Yemen
E:\FR\FM\04JAN1.SGM
04JAN1
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices
nationals to Yemen would pose a
serious threat to their personal safety
and (2) extraordinary and temporary
conditions, stemming from the conflict
and exacerbated by natural disasters,
also prevent Yemeni nationals from
returning to Yemen in safety and it is
not contrary to the national interest of
the United States to permit Yemeni
nationals to remain temporarily in the
United States.
In July 2014, the Houthis, a group
from the northern region of Yemen
opposed to the government, began a
violent territorial expansion across
Yemen. The Houthis took over the
capital, Sana’a, in September 2014,
consolidating control of Yemeni
government ministries, infrastructure,
and security forces. The conflict
between the Houthis and the
government escalated in March 2015,
when a coalition of more than ten
countries, led by Saudi Arabia, initiated
air strikes against the Houthis. Since the
March 2015 escalation, thousands have
been killed and tens of thousands
wounded. Out of a 2015 population of
approximately 26.7 million, 3 million
Yemenis have been internally displaced,
and more than 180,000 people have fled
the country.
The ongoing conflict has deepened
Yemen’s difficult economic and
humanitarian situation. More than 80
percent of Yemenis require some form
of humanitarian assistance. The food
security situation has significantly
deteriorated over the last year, with over
14- million people food insecure. The
conflict has also severely impacted the
delivery of basic services, including
health services, water, sanitation, and
education. Infrastructure damage as a
result of the conflict has further
constrained service delivery and relief
efforts, as roads, bridges, flood control
systems, health facilities, airports, and
schools have been damaged or
destroyed in the conflict. Even if a
political resolution to the conflict is
reached, Yemen will be faced with
tremendous reconstruction needs.
Additionally, thousands of landmines
have been placed during the conflict,
with mine clearance likely taking years
to complete.
Many hospitals and health facilities
have closed due to damage, destruction,
or shortages of critical supplies or staff.
Those that remain open struggle to
function fully. The shortage in health
care is disproportionately affecting
children under five, pregnant women,
and people with chronic diseases. A
lack of fuel to pump clean water and
conflict-related destruction and damage
to water networks has left people unable
to meet their basic water, hygiene, and
VerDate Sep<11>2014
16:46 Jan 03, 2017
Jkt 241001
sanitation needs, leading to an increased
risk of disease outbreaks. There is now
a cholera outbreak in Yemen; the
number of suspected cases ballooned to
1,410 within three weeks of the
outbreak being declared. Almost half of
all school-aged children in Yemen are
unable to attend school, largely due to
the destruction of school buildings, or
because the buildings are being used to
shelter displaced persons or by warring
parties to the conflict.
In addition to conflict-related damage,
since Yemen’s initial designation for
TPS in September 2015, natural
disasters have also contributed to
infrastructure damage. Yemen was hit
by two tropical cyclones, Chapala and
Megh, in November 2015, inundating
Yemen with 24 inches of rain in 48
hours, an amount seven times the
annual average. Heavy rains again
pounded Yemen on April 13–14, 2016.
These storms caused loss of life;
injuries; flooding; mudslides; damage to
infrastructure; and shortages of food,
water, medical supplies, and fuel.
Based upon this review and after
consultation with appropriate
Government agencies, the Secretary has
determined that:
• The conditions that supported the
September 3, 2015 designation of
Yemen for TPS continue to be met. See
INA section 244(b)(3)(A) and (C), 8
U.S.C. 1254a(b)(3)(A) and (C).
• There is ongoing armed conflict in
Yemen and, due to such conflict,
requiring the return of Yemen nationals
to Yemen would pose a serious threat to
their personal safety. See INA section
244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
• There are extraordinary and
temporary conditions in Yemen that
prevent Yemeni nationals from
returning to Yemen in safety, and it is
not contrary to the national interest of
the United States to permit Yemeni
nationals to remain temporarily in the
United States. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
• The existing designation of Yemen
for TPS should be extended for an
additional 18-month period from March
4, 2017 through September 3, 2018. See
INA section 244(b)(3)(C), 8 U.S.C.
1254a(b)(3)(C).
• Yemen should be redesignated for
TPS for an 18-month period on the
statutory bases of ongoing armed
conflict and extraordinary and
temporary conditions, effective March 4,
2017 through September 3, 2018. See
INA section 244(b)(1)(A) and (C), and
(b)(2); 8 U.S.C. 1254a(b)(1)(A) and (C),
and (b)(2).
• TPS applicants must demonstrate
that they have continuously resided in
the United States since January 4, 2017
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
861
and been continuously physically
present in the United States since March
4, 2017.
• There are approximately 1,000
current Yemen TPS beneficiaries who
may apply for re-registration and be
eligible to retain their TPS under the
extension.
• It is estimated that an additional
150–450 individuals may become newly
eligible for TPS under the redesignation.
Notice of Extension of the TPS
Designation of Yemen and
Redesignation 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
Government agencies, that the
conditions that supported Yemen’s
designation for TPS in September 2015
based on the ongoing armed conflict in
Yemen continue to be met. See INA
section 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). I also have determined
that there are extraordinary and
temporary conditions in Yemen that
prevent Yemeni nationals from
returning to Yemen in safety, and that
it is not contrary to the national interest
of the United States to permit Yemeni
nationals to remain temporarily in the
United States. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On
the basis of these determinations, I am
simultaneously extending the existing
TPS designation of Yemen for 18
months from March 4, 2017, through
September 3, 2018, and redesignating
Yemen for TPS for the same 18-month
period. See INA section 244(b)(1)(A)
and (C), and (b)(2); 8 U.S.C.
1254a(b)(1)(A) and (C), and (b)(2). I have
also determined that to be eligible for
TPS under the redesignation,
individuals must demonstrate that they
have continuously resided in the United
States since January 4, 2017. See INA
section 244(c)(1)(A)(ii), 8 U.S.C.
1254a(c)(1)(A)(ii).
Jeh Charles Johnson,
Secretary.
I am currently a Yemen TPS
beneficiary. What should I do?
If you are a current TPS beneficiary
whose TPS application was approved
prior to January 4, 2017, then you need
to file a re-registration application under
the extension if you wish to maintain
TPS benefits through September 3,
2018. You must use the Application for
Temporary Protected Status (Form I–
821) to re-register for TPS. The 60-day
open reregistration period will run from
January 4, 2017 through March 6, 2017.
E:\FR\FM\04JAN1.SGM
04JAN1
862
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices
I have a pending initial TPS application
filed during the Yemen TPS registration
period that ran from September 3, 2015,
through March 1, 2016. What should I
do?
If your TPS application is still
pending on January 4, 2017, then you do
not need to file a new Application for
Temporary Protected Status (Form I–
821). Pending TPS applications will be
treated as initial applications under this
redesignation. Therefore, if your TPS
application is approved, you will be
granted TPS through September 3, 2018.
If you have a pending TPS application
and you wish to have an EAD valid
through September 3, 2018, please refer
to Table 1 to determine whether you
should file a new Application for
Employment Authorization (Form I–
765).
TABLE 1—FORM AND EAD INFORMATION FOR PENDING TPS APPLICATIONS
If . . .
And . . .
Then . . .
You requested an EAD during the
previous initial registration period
for Yemen TPS.
You received an EAD with Category C19 or A12.
You wish to have an EAD valid
through Sept. 3, 2018.
You must file a new Application for Employment Authorization (Form
I–765) with the fee (or fee waiver request) if you wish to have a
new EAD valid through Sept. 3, 2018.
You do not need to file a new Application for Employment Authorization (Form I–765). If your TPS application is approved, your Application for Employment Authorization (Form I–765) will be approved
through Sept. 3, 2018.
You must file a new Application for Employment Authorization (Form
I–765) with the fee (or fee waiver request).
You do not wish to have an EAD
valid through Sept. 3, 2018.
You do not need to file a new Application for Employment Authorization (Form I–765).
You did not receive an EAD with
Category C19 or A12.
You did not request an EAD during
the previous initial registration
period for Yemen TPS.
I am not a current TPS beneficiary, and
I do not have a TPS application
pending. What are the procedures for
initial registration for TPS under the
Yemen redesignation?
If you are not a current Yemen TPS
beneficiary, nor do you have a pending
TPS application with USCIS, you may
submit your TPS application during the
180-day initial registration period that
will run from January 4, 2017 through
July 3, 2017.
mstockstill on DSK3G9T082PROD with NOTICES
Required Application Forms and Fees
To Register or Re-Register for TPS
To register or re-register for TPS, an
applicant must submit the following
two applications:
1. Application for Temporary
Protected Status (Form I–821).
• If you are filing an initial
application, you must pay the fee for the
Application for Temporary Protected
Status (Form I–821). See 8 CFR
244.2(f)(2) and 244.6 and information on
initial filing on the USCIS TPS Web
page at https://www.uscis.gov/tps.
• If you are filing an application for
re-registration, you do not need to pay
the fee for the Application for
Temporary Protected Status (Form I–
821). See 8 CFR 244.17.
2. Application for Employment
Authorization (Form I–765).
• If you are applying for initial
registration and want an EAD, you must
pay the fee for the Application for
Employment Authorization (Form I–
765) only if you are age 14 through 65.
No fee for the Application for
Employment Authorization (Form I–
765) is required if you are under the age
VerDate Sep<11>2014
16:46 Jan 03, 2017
Jkt 241001
of 14 or are over 65 and applying for
initial registration.
• If you are applying for reregistration and want an EAD, you must
pay the fee for the Application for
Employment Authorization (Form I–
765), regardless of your age.
• If you are not requesting an EAD,
regardless of whether you are applying
for initial registration or re-registration,
you do not pay the fee for the
Application for Employment
Authorization (Form I–765).
You must submit both completed
application forms together. If you are
unable to pay for the application and/
or biometric services fee, you may apply
for a fee waiver by completing a Request
for Fee Waiver (Form I–912) or
submitting a personal letter requesting a
fee waiver, and by providing satisfactory
supporting documentation. For more
information on the application forms
and fees for TPS, please visit the USCIS
TPS Web page at https://www.uscis.gov/
tps. Fees for the Application for
Temporary Protected Status (Form I–
821), the Application for Employment
Authorization (Form I–765), and
biometric services are also described in
8 CFR 103.7(b)(1)(i).
Biometric Services Fee
Biometrics (such as fingerprints) are
required for all applicants 14 years of
age or older. Those applicants must
submit a biometric services fee. If you
are unable to pay for the biometric
services fee, you may apply for a fee
waiver by completing a Request for Fee
Waiver (Form I–912) or by submitting a
personal letter requesting a fee waiver,
and providing satisfactory supporting
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
documentation. For more information
on the biometric services fee, please
visit the USCIS Web site at https://
www.uscis.gov. If necessary, you may be
required to visit an Application Support
Center to have your biometrics
captured.
Refiling an Initial TPS Application
After Receiving a Denial of a Fee
Waiver Request
If you request a fee waiver when filing
your initial TPS application package
and your request is denied, you may refile your application packet before the
initial filing deadline of July 3, 2017. If
you submit your application with a fee
waiver request before that deadline, but
you receive a fee waiver denial and
there are fewer than 45 days before the
filing deadline (or the deadline has
passed), you may still re-file your
application within the 45-day period
after the date on the USCIS fee waiver
denial notice. Your application will not
be rejected even if the filing deadline
has passed, provided it is mailed within
those 45 days and all other required
information for the application is
included. Note: If you wish, you may
also wait to request an EAD and pay the
Application for Employment
Authorization (Form I–765) fee after
USCIS grants you TPS, if you are found
eligible. If you choose to do this, you
would file the Application for
Temporary Protected Status (Form I–
821) with the fee and the Application
for Employment Authorization (Form I–
765) without the fee and without
requesting an EAD.
E:\FR\FM\04JAN1.SGM
04JAN1
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices
Re-Filing a TPS Re-Registration
Application After Receiving a Denial of
a Fee Waiver Request
USCIS urges all re-registering
applicants to file as soon as possible
within the 60-day re-registration period
so that USCIS can process the
applications and issue EADs promptly.
Filing early will also allow those
applicants who may receive denials of
their fee waiver requests to have time to
re-file their applications before the reregistration deadline. If, however, an
applicant receives a denial of his or her
fee waiver request and is unable to refile by the re-registration deadline, the
applicant may still re-file his or her
application. This situation will be
reviewed to determine whether the
applicant has established good cause for
late re-registration. However, applicants
are urged to re-file within 45 days of the
date on their USCIS fee waiver denial
notice, if at all possible. See INA section
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8
CFR 244.17(c). For more information on
good cause for late re-registration, visit
the USCIS TPS Web page at https://
www.uscis.gov/tps. Note: Although a reregistering TPS beneficiary age 14 and
older must pay the biometric services
fee (but not the initial TPS application
fee) when filing a TPS re-registration
application, the applicant may decide to
wait to request an EAD, and therefore
not pay the Application for Employment
Authorization (Form I–765) fee, until
after USCIS has approved the
individual’s TPS re-registration, if he or
she is eligible.
Mailing Information
Mail your application for TPS to the
proper address in Table 2.
TABLE 2—MAILING ADDRESSES
If . . .
Mail to . . .
You are applying
through the U.S.
Postal Service.
USCIS, Attn: TPS
Yemen, P.O. Box
7555, Chicago, IL
60680–6943.
USCIS, Attn: TPS
Yemen, 131 S.
Dearborn, 3rd
Floor, Chicago, IL
60603–5517.
mstockstill on DSK3G9T082PROD with NOTICES
You are using a nonU.S. Postal Service
delivery service.
If you were granted TPS by an
Immigration Judge (IJ) or the Board of
Immigration Appeals (BIA), and you
wish to request an EAD, or are reregistering for the first time following a
grant of TPS by an IJ or the BIA, please
mail your application to the appropriate
address in Table 2. When submitting a
re-registration application and/or
requesting an EAD based on an IJ/BIA
VerDate Sep<11>2014
16:46 Jan 03, 2017
Jkt 241001
grant of TPS, please include a copy of
the IJ or BIA order granting you TPS
with your application. This will aid in
the verification of your grant of TPS and
processing of your application, as
USCIS may not have received records of
your grant of TPS by either the IJ or the
BIA.
E-Filing
You cannot electronically file your
application when re-registering or
submitting an initial registration for
Yemen TPS. Please mail your
application to the mailing address listed
in Table 2.
Supporting Documents
The filing instructions on the
Application for Temporary Protected
Status (Form I–821) list all the
documents needed to establish basic
eligibility for TPS. You may also find
information on the acceptable
documentation and other requirements
for applying or registering for TPS on
the USCIS Web site at www.uscis.gov/
tps under ‘‘Yemen.’’
Do I need to submit additional
supporting documentation?
If one or more of the questions listed
in Part 4, Question 2 of the Application
for Temporary Protected Status (Form I–
821) applies to you, then you must
submit an explanation on a separate
sheet(s) of paper and/or additional
documentation.
Employment Authorization Document
(EAD)
How can I obtain information on the
status of my EAD request?
To get case status information about
your TPS application, including the
status of a request for an EAD, you can
check Case Status Online at https://
www.uscis.gov, or call the USCIS
National Customer Service Center at
800–375–5283 (TTY 800–767–1833). If
your Application for Employment
Authorization (Form I–765) has been
pending for more than 90 days and you
still need assistance, you may request an
EAD inquiry appointment with USCIS
by using the InfoPass system at https://
infopass.uscis.gov. However, we
strongly encourage you first to check
Case Status Online or call the USCIS
National Customer Service Center for
assistance before making an InfoPass
appointment.
Am I eligible to receive an automatic 6month extension of my current EAD
through September 3, 2017?
Provided that you currently have a
Yemen TPS-based EAD, this Notice
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
863
automatically extends your EAD by 6
months if you:
• Are a national of Yemen (or an alien
having no nationality who last
habitually resided in Yemen);
• Received an EAD under the
designation of Yemen for TPS; and
• Have an EAD with a marked
expiration date of March 3, 2017,
bearing the notation ‘‘A–12’’ or ‘‘C–19’’
on the face of the card under
‘‘Category.’’
Although this Notice automatically
extends your EAD through September 3,
2017, you must re-register timely for
TPS in accordance with the procedures
described in this Notice if you would
like to maintain your TPS.
When hired, what documentation may I
show to my employer as proof of
employment authorization and identity
when completing Employment
Eligibility Verification (Form I–9)?
You can find a list of acceptable
document choices on the ‘‘Lists of
Acceptable Documents’’ for
Employment Eligibility Verification
(Form I–9). You can find additional
detailed information on the USCIS I–9
Central Web page at https://
www.uscis.gov/I-9Central. Employers
are required to verify the identity and
employment authorization of all new
employees by using Employment
Eligibility Verification (Form I–9).
Within 3 days of hire, an employee must
present proof of identity and
employment authorization to his or her
employer.
You may present any document from
List A (reflecting both your identity and
employment authorization), or one
document from List B (reflecting
identity) together with one document
from List C (reflecting employment
authorization), or you may present an
acceptable receipt for List A, List B, or
List C documents as described in the
Employment Eligibility Verification
(Form I–9) Instructions. An EAD is an
acceptable document under ‘‘List A.’’
Employers may not reject a document
based on a future expiration date.
If your EAD has an expiration date of
March 3, 2017, and states ‘‘A–12’’ or
‘‘C–19’’ under ‘‘Category,’’ it has been
extended automatically for 6 months by
virtue of this Federal Register Notice,
and you may choose to present your
EAD to your employer as proof of
identity and employment authorization
for Form I–9 through September 3, 2017
(see the subsection titled ‘‘How do my
employer and I complete the
Employment Eligibility Verification
(Form I–9) using an automatically
extended EAD for a new job?’’ for
further information). To minimize
E:\FR\FM\04JAN1.SGM
04JAN1
864
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
confusion over this extension at the
time of hire, you should explain to your
employer that USCIS has automatically
extended your EAD through September
3, 2017. You may also show your
employer a copy of this Federal Register
Notice confirming the automatic
extension of employment authorization
through September 3, 2017. As an
alternative to presenting your
automatically extended EAD, you may
choose to present any other acceptable
document from List A, a combination of
one selection from List B and one
selection from List C, or a valid receipt.
should complete either Section 3 of the
Employment Eligibility Verification
(Form I–9) originally completed for you
or, if this Section has already been
completed or if the version of
Employment Eligibility Verification
(Form I–9) has expired (check the date
in the bottom left-hand corner of the
form), complete Section 3 of a new
Employment Eligibility Verification
(Form I–9) using the most current
version. Note that your employer may
not specify which List A or List C
document employees must present, and
cannot reject an acceptable receipt.
What documentation may I show my
employer if I am already employed but
my current TPS-related EAD is set to
expire?
Even though EADs with an expiration
date of March 3, 2017, that state ‘‘A–12’’
or ‘‘C–19’’ under ‘‘Category’’ have been
automatically extended for 6 months by
this Federal Register Notice, your
employer will need to ask you about
your continued employment
authorization once March 3, 2017 is
reached to meet its responsibilities for
Employment Eligibility Verification
(Form I–9). Your employer may need to
re-inspect your automatically extended
EAD to check the expiration date and
code to record the updated expiration
date on your Employment Eligibility
Verification (Form I–9) if he or she did
not keep a copy of this EAD when you
initially presented it. However, your
employer does not need a new
document to re-verify your employment
authorization until September 3, 2017,
the expiration date of the automatic
extension. Instead, you and your
employer must make corrections to the
employment authorization expiration
dates in Section 1 and Section 2 of
Employment Eligibility Verification
(Form I–9) (see the subsection titled
‘‘What corrections should my current
employer and I make to Employment
Eligibility Verification (Form I–9) if my
EAD has been automatically extended?’’
for further information). In addition,
you may also show this Federal Register
Notice to your employer to explain what
to do for Employment Eligibility
Verification (Form I–9).
By September 3, 2017, the expiration
date of the automatic extension, your
employer must re-verify your
employment authorization. At that time,
you must present any document from
List A or any document from List C on
Employment Eligibility Verification
(Form I–9) to re-verify employment
authorization, or an acceptable List A or
List C receipt described in the
Employment Eligibility Verification
(Form I–9) Instructions. Your employer
Can my employer require that I provide
any other documentation to prove my
status, such as proof of my Yemeni
citizenship?
No. When completing Employment
Eligibility Verification (Form I–9),
including re-verifying employment
authorization, employers must accept
any documentation that appears on the
‘‘Lists of Acceptable Documents’’ for
Employment Eligibility Verification
(Form I–9) 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
documentation that does not appear on
the ‘‘Lists of Acceptable Documents.’’
Therefore, employers may not request
proof of Yemeni citizenship or proof of
re-registration for TPS when completing
Employment Eligibility Verification
(Form I–9) for new hires or re-verifying
the employment authorization of
current employees. If presented with
EADs that have been automatically
extended, employers should accept such
EADs as valid List A documents so long
as the EADs reasonably appear to be
genuine and to relate to the employee.
Refer to the Note to Employees section
of this 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.
VerDate Sep<11>2014
16:46 Jan 03, 2017
Jkt 241001
What happens after September 3, 2017
for purposes of employment
authorization?
After September 3, 2017, employers
may no longer accept the EADs that this
Federal Register Notice automatically
extended. Before that time, however,
USCIS will endeavor to issue new EADs
to eligible TPS re-registrants who
request them. These new EADs will
have an expiration date of September 3,
2018, and can be presented to your
employer for completion of
Employment Eligibility Verification
(Form I–9). Alternatively, you may
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
choose to present any other legally
acceptable document or combination of
documents listed on the Employment
Eligibility Verification (Form I–9).
How do my employer and I complete
Employment Eligibility Verification
(Form I–9) using an automatically
extended EAD for a new job?
When using an automatically
extended EAD to complete Employment
Eligibility Verification (Form I–9) for a
new job prior to September 3, 2017, you
and your employer should do the
following:
1. For Section 1, you should:
a. Check ‘‘An alien authorized to work
until’’ and write the automatically
extended EAD expiration date
(September 3, 2017) in the space
provided; and
b. Write your alien number (USCIS
number or A-number) in the next space
(your EAD or other document from DHS
will have your USCIS number or Anumber printed on it; the USCIS
number is the same as your A-number
without the A prefix).
2. For Section 2, employers should
record the:
a. Document title;
b. Issuing authority;
c. Document number; and
d. Automatically extended EAD
expiration date (September 3, 2017).
By September 3, 2017, employers
must re-verify the employee’s
employment authorization in Section 3
of the Employment Eligibility
Verification (Form I–9).
What corrections should my current
employer and I make to Employment
Eligibility Verification (Form I–9) if my
EAD has been automatically extended?
If you are an existing employee who
presented a TPS-related EAD that was
valid when you first started your job,
but that EAD has now been
automatically extended, your employer
may need to re-inspect your
automatically extended EAD if your
employer does not have a copy of the
EAD on file, and you and your employer
should correct your previously
completed Employment Eligibility
Verification (Form I–9) as follows:
1. For Section 1, you should:
a. Draw a line through the expiration
date in Section 1;
b. Write ‘‘September 3, 2017’’ above
the previous date;
c. Write ‘‘TPS Ext.’’ in the margin of
Section 1; and
d. Initial and date the correction in
the margin of Section 1.
2. For Section 2, employers should:
a. Draw a line through the expiration
date written in Section 2;
E:\FR\FM\04JAN1.SGM
04JAN1
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices
b. Write ‘‘September 3, 2017’’ above
the previous date;
c. Write ‘‘TPS Ext.’’ in the margin of
Section 2; and
d. Initial and date the correction in
the margin of Section 2.
By September 3, 2017, when the
automatic extension of EADs expires,
employers must re-verify the employee’s
employment authorization in Section 3.
If I am an employer enrolled in E-Verify,
what do I do when I receive a ‘‘Work
Authorization Documents Expiration’’
alert for an automatically extended
EAD?
E-Verify automated the verification
process for employees whose TPS was
automatically extended in a Federal
Register Notice. If you have an
employee who is a TPS beneficiary who
provided a TPS-related EAD when he or
she 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. By September 3,
2017, employment authorization must
be re-verified in Section 3. Employers
should not use E-Verify for
reverification.
mstockstill on DSK3G9T082PROD with NOTICES
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
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 I–9Central@dhs.gov. Calls and
emails are accepted in English and
many other languages. For questions
about avoiding discrimination during
the employment eligibility verification
process (Form I–9 and E-Verify),
employers may also call the U.S.
Department of Justice, Office of Special
Counsel for Immigration-Related Unfair
Employment Practices (OSC) Employer
Hotline at 800–255–8155 (TTY 800–
237–2515), which offers language
interpretation in numerous languages,
or email OSC at osccrt@usdoj.gov.
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 at I–9Central@dhs.gov. Calls are
accepted in English, and many other
VerDate Sep<11>2014
16:46 Jan 03, 2017
Jkt 241001
languages. Employees or applicants may
also call the OSC Worker Information
Hotline at 800–255–7688 (TTY 800–
237–2515) for information regarding
employment discrimination based upon
citizenship, immigration status, or
national origin, including
discrimination related to Employment
Eligibility Verification (Form I–9) and EVerify. The OSC Worker Information
Hotline provides language interpretation
in numerous languages.
To comply with the law, employers
must accept any document or
combination of documents from the List
of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt as described in the
Employment Eligibility Verification
(Form I–9) Instructions. Employers may
not require extra or additional
documentation beyond what is required
for Employment Eligibility Verification
(Form I–9) completion. Further,
employers participating in E-Verify who
receive an E-Verify case result of
‘‘Tentative Nonconfirmation’’ (TNC)
must promptly inform employees of the
TNC and give such employees an
opportunity to contest the TNC. A TNC
case result means that the information
entered into E-Verify from Employment
Eligibility Verification (Form I–9) differs
from Federal or state government
records.
Employers may not terminate,
suspend, delay training, withhold pay,
lower pay, or take any adverse action
against an employee based on the
employee’s decision to contest a TNC or
because the case is still pending with EVerify. A Final Nonconfirmation (FNC)
case result is received when E-Verify
cannot verify 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). To report an
employer for discrimination in the EVerify process based on citizenship or
immigration status, or based on national
origin, contact OSC’s Worker
Information Hotline at 800–255–7688
(TTY 800–237–2515). Additional
information about proper
nondiscriminatory Employment
Eligibility Verification (Form I–9) and EVerify procedures is available on the
OSC Web site at https://www.justice.gov/
crt/about/osc/ and the USCIS Web site
at https://www.dhs.gov/E-verify.
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
865
Note Regarding Federal, State, and
Local Government Agencies (Such as
Departments of Motor Vehicles)
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 and/or show you are
authorized to work based on TPS.
Examples of such documents are:
(1) Your EAD that has been
automatically extended, or your EAD
that has not expired;
(2) A copy of this Federal Register
Notice if your EAD is automatically
extended under this Notice;
(3) A copy of your Application for
Temporary Protected Status Notice of
Action (Form I–797) for this reregistration;
(4) A copy of your past or current
Application for Temporary Protected
Status Notice of Action (Form I–797), if
you received one from USCIS; or
(5) If there is an automatic extension
of work authorization, a copy of
information from the USCIS TPS Web
site that provides information on the
automatic extension.
Check with the Government agency
regarding which document(s) the agency
will accept.
Some benefit-granting agencies use
the USCIS Systematic Alien Verification
for Entitlements (SAVE) program to
confirm the current immigration status
of applicants for public benefits. 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 the following link: https://
save.uscis.gov/casecheck/, then by
clicking the ‘‘Check Your Case’’ button.
CaseCheck is a free service that lets you
follow the progress of your SAVE
verification using your date of birth and
one immigration identifier number. If an
agency has denied your application
based solely or in part on a SAVE
response, the agency must offer you the
opportunity to appeal the decision in
accordance with the agency’s
procedures. If the agency has received
and acted upon or will act upon a SAVE
verification and you do not believe the
E:\FR\FM\04JAN1.SGM
04JAN1
866
Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Notices
response is correct, you may make an
InfoPass appointment for an in-person
interview at a local USCIS office.
Detailed information on how to make
corrections, make an appointment, or
submit a written request to correct
records under the Freedom of
Information Act can be found on the
SAVE Web site at https://www.uscis.gov/
save, then by choosing ‘‘For Benefits
Applicants’’ from the menu on the left
and selecting ‘‘Questions about your
Records?’’.
[FR Doc. 2016–31003 Filed 1–3–17; 8:45 am]
BILLING CODE 9111–97–P
Affairs. I certify that the Grand Traverse
Band of Ottawa and Chippewa Indians
duly adopted this amendment to the
Grand Traverse Liquor Control Code by
Resolution Number 16–34.2713 on
February 17, 2016.
Dated: December 12, 2016.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary—Indian
Affairs.
The Grand Traverse Band of Ottawa
and Chippewa Indians Liquor Control
Code, as amended, shall read as follows:
Liquor Ordinance of the Grand
Traverse Band of Ottawa and
Chippewa Indians
DEPARTMENT OF THE INTERIOR
Title 14—Chapter 4
Bureau of Indian Affairs
14.401
[178A2100DD/AAKC001030/
A0A501010.999900 253G]
This ordinance may be cited as the
‘‘Liquor Ordinance’’ of the Grand
Traverse Band of Ottawa and Chippewa
Indians.
Grand Traverse Band of Ottawa and
Chippewa Indians; Amendments to
Liquor Ordinance
14.402
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes
amendments to the Grand Traverse
Band of Ottawa and Chippewa Indians
Liquor Ordinance, Title 14, Chapter 4.
In 2016, the Grand Traverse Tribal
Council enacted the amendments to the
Liquor Ordinance. The amended Liquor
Ordinance supersedes the existing
Grand Traverse Band of Ottawa and
Chippewa Indians Liquor Ordinance
that was last published in the Federal
Register on June 13, 2005 (70 FR 34146).
DATES: This ordinance shall become
effective February 3, 2017.
FOR FURTHER INFORMATION CONTACT: Ms.
Sherrel LaPointe, Tribal Operations
Officer, Midwest Region, Bureau of
Indian Affairs, Norman Pointe II, 5600
American Boulevard West, Suite 500,
Bloomington, Minnesota 55437,
Telephone: (612) 713–4400.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register notice of adopted liquor
ordinances for the purpose of regulating
liquor transactions in Indian country.
The Grand Traverse Band duly adopted
Tribal Council Resolution Number 16–
34.2713 on February 17, 2016. This
notice is published with the authority
delegated by the Secretary of the Interior
to the Assistant Secretary–Indian
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:46 Jan 03, 2017
Jkt 241001
Short Title
Authority
As required by 18 U.S.C. 1161, this
ordinance is in conformity with relevant
provisions of State law and is enacted
pursuant to Article IV of the
constitution of the Grand Traverse Band
of Ottawa and Chippewa Indians.
14.403
Interpretation
(a) This ordinance shall be deemed an
exercise of the police and regulatory
powers of the Grand Traverse Band of
Ottawa and Chippewa Indians in order
to promote Tribal self-determination
and to protect the public welfare, and
all provisions of this ordinance shall be
liberally construed for the
accomplishment of these purposes.
(b) Nothing in this ordinance may be
construed as a waiver of Tribal
sovereign immunity.
14.404
Definitions
In this ordinance, unless the context
otherwise requires:
(a) ‘‘alcoholic beverage’’ means any of
the following:
(1) Any spirituous, vinous, malt or
fermented liquor, liquid of compound,
whether or not medicated, proprietary,
patented, and by whatever name called,
containing one-half of one percent (.5%)
or more alcohol by volume, which is
commonly used or reasonably adopted
to use for beverage purposes;
(2) any beverage obtained by alcoholic
fermentation of an infusion or decoction
of barley, malt, hops or other cereal in
potable water;
(3) any product made by the normal
alcoholic fermentation of the juice of
sound, ripe grapes, or any other fruit
with the usual cellar treatment, and
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
containing not more than 21% of
alcohol by volume, including fermented
fruit juices other than grapes and mixed
wine drinks;
(4) any beverage that contains alcohol
obtained by distillation, mixed with
potable water or other substances, or
both, in solution, and includes wine
containing an alcoholic content of more
than 21% by volume, except
sacramental wine and mixed spirit
drink;
(5) any drink or similar product
marketed as a wine cooler that contains
less than 7% alcohol by volume,
consists of wine or cider and plain,
sparkling or carbonated water, and
contains any 1 or more of the following:
(a) Nonalcoholic beverages; (b)
flavoring; (c) coloring materials; (d) fruit
juices; (e) fruit adjuncts; (f) sugar; (g)
carbon dioxide; (h) preservatives.
(b) ‘‘liquor’’ means any alcoholic
beverage.
(c) ‘‘person’’ means a natural person,
firm, association, corporation, or other
legal entity.
(d) ‘‘premises’’ means specified
locations within Tribal lands where
alcoholic beverages may be sold as
described in a license issued by the
Tribal Council.
(e) ‘‘Secretary’’ means the Secretary of
the United States Department of the
Interior.
(f) ‘‘State’’ means the State of
Michigan, which regulates matters
pertaining to the consumption,
possession, delivery and/or sale of
alcoholic beverages within the State
through its Liquor Control Commission.
(g) ‘‘Tribal Council’’ means the Tribal
Council of the Grand Traverse Band of
Ottawa and Chippewa Indians.
(h) ‘‘Tribal lands’’ means:
(1) Land within the limits of the
Grand Traverse Band of Ottawa and
Chippewa Indians’ Reservation,
notwithstanding the issuance of any
patent, and including rights-of-way
running through the reservation; and/or
(2) land over which the Grand
Traverse Band of Ottawa and Chippewa
Indians exercises governmental power
and which is either held in trust by the
United States for the benefit of the
Grand Traverse Band, or held by the
Tribe or by one of its members subject
to restriction by the United States
against alienation.
(i) ‘‘Tribal license’’ means an official
action by the Tribal Council which
authorizes the manufacture and/or sale
of alcoholic beverages for consumption
either on the premises and/or away from
the premises. The manufacture, sale
and/or delivery of alcoholic beverages
intended for consumption away from
E:\FR\FM\04JAN1.SGM
04JAN1
Agencies
[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Notices]
[Pages 859-866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31003]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2592-16; DHS Docket No. USCIS-2015-0005]
RIN 1615-ZB61
Extension and Redesignation of the Republic of Yemen for
Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of the Republic of Yemen (Yemen) for
Temporary Protected Status (TPS) for 18 months, from March 4, 2017,
through September 3, 2018, and redesignating Yemen for TPS for 18
months, effective March 4, 2017, through September 3, 2018. Through
this Notice, DHS also sets forth procedures necessary for Yemeni
nationals (or aliens having no nationality who last habitually resided
in Yemen) either to re-register under the extension, if they already
have TPS, and to apply for renewal of their Employment Authorization
Documents (EAD) with U.S. Citizenship and Immigration Services (USCIS)
or submit an initial registration application under the redesignation
and apply for an EAD.
DATES: Extension of Designation of Yemen for TPS: The 18-month
extension of the TPS designation of Yemen is effective March 4, 2017,
and will remain in effect through September 3, 2018. The 60-day re-
registration period runs from January 4, 2017 through March 6, 2017.
Redesignation of Yemen for TPS: The redesignation of Yemen for TPS
is effective March 4, 2017, and will remain in effect through September
3, 2018, a period of 18 months. The 180-day initial registration period
for new applicants under the Yemen TPS redesignation runs from January
4, 2017 through July 3, 2017.
FOR FURTHER INFORMATION CONTACT:
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS TPS Web page at https://www.uscis.gov/tps.
You can find specific information about this extension and
redesignation of Yemen for TPS by selecting ``Yemen'' from the menu on
the left side of the TPS Web page. You can also contact Guillermo
Roman-Riefkohl, TPS Program Manager, Waivers and Temporary Services
Branch, Service Center Operations Directorate, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue NW., Washington, DC 20529-2060; or by phone at 202-272-1533
(this is not a toll-free number). Note: The phone number provided here
is solely for questions regarding this TPS Notice. It is not for
individual case status inquiries.
Applicants seeking information about the status of their
individual cases can check Case Status Online, available at the USCIS
Web site at https://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833).
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
The extension allows TPS beneficiaries to retain TPS through
September 3, 2018, so long as they continue to meet the eligibility
requirements for TPS. The redesignation of Yemen expands eligibility
for TPS to include individuals who have been continuously residing in
the United States since January 4, 2017. Previously, only individuals
who had been continuously residing in the United States since September
3, 2015, were eligible for TPS under Yemen's designation. The Secretary
has determined that an extension of Yemen's current designation for TPS
is warranted because the conditions that supported its designation on
the basis of ongoing armed conflict persist. Additionally, the
Secretary has determined that a redesignation of Yemen for TPS is
warranted due to the ongoing armed conflict and to the extraordinary
and temporary conditions in Yemen that prevent Yemeni nationals from
returning in safety. The redesignation will extend TPS protection to
eligible individuals who have arrived in the United States after the
eligibility cutoff dates established by Yemen's previous designation
for TPS in September 2015. The redesignation is based on the
Secretary's determinations under the statute that (1) there continues
to be an ongoing armed conflict in Yemen and, due to such conflict,
requiring the return of Yemeni nationals to Yemen would pose a serious
threat to their personal safety, and (2) there are extraordinary and
temporary conditions in Yemen that prevent Yemeni nationals from
returning to Yemen in safety, and it is not contrary to the national
interest of the United States to permit Yemeni nationals to remain
temporarily in the United States.
For individuals who have already been granted TPS under Yemen's
designation, the 60-day re-registration period runs from January 4,
2017 through March 6, 2017. USCIS will issue new EADs with a September
3, 2018, expiration date to eligible Yemen TPS beneficiaries who timely
re-register and apply for EADs under this extension. Given the
timeframes involved with processing TPS re-registration applications,
DHS recognizes that not all re-registrants will receive new EADs before
their current EADs expire on March 3, 2017. Accordingly, through this
Notice, DHS automatically extends the validity of EADs issued under
Yemen's TPS designation for 6 months, through September 3, 2017, and
explains how TPS beneficiaries and their employers may determine which
EADs are automatically extended and their impact on Employment
Eligibility Verification (Form I-9) and E-Verify processes.
Under the redesignation, individuals who currently do not have TPS
may submit an initial application during the 180-day initial
registration period that runs from January 4, 2017 through July 3,
2017. In order to receive a grant of TPS, initial applicants under this
redesignation must demonstrate that they have continuously resided in
the United States since January 4, 2017 and
[[Page 860]]
been continuously physically present in the United States since March
4, 2017, in addition to meeting all other TPS eligibility criteria.
Applications for TPS that were filed pursuant to Yemen's September
2015 TPS designation and remain pending on January 4, 2017 will be
treated as initial applications under this 2016 redesignation.
Individuals who have a pending initial Yemen TPS application do not
need to file a new Application for Temporary Protected Status (Form I-
821).
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA), or to eligible persons without nationality who
last habitually resided in the designated country.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and may
obtain work authorization, so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not result in or lead to
permanent resident status.
When the Secretary terminates a country's TPS designation,
TPS benefits end, but former TPS beneficiaries continue to hold the
same immigration status they maintained before TPS, if any (unless that
status has since expired or been terminated), or any other lawfully
obtained immigration status they received while registered for TPS.
When was Yemen designated for TPS?
On September 3, 2015, the Secretary designated Yemen for TPS based
on ongoing armed conflict in the country that posed a serious threat to
the personal safety of returning nationals. See Designation of the
Republic of Yemen for Temporary Protected Status, 80 FR 53319 (Sept. 3,
2015). This announcement marks the first extension and the first
redesignation of TPS for Yemen since its initial designation in
September 2015.
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 U.S. Government
(Government) agencies, to designate a foreign state (or part thereof)
for TPS if the Secretary finds that certain country conditions
exist.\1\ The Secretary may then grant TPS to eligible nationals of
that foreign state (or aliens having no nationality who last habitually
resided in that state). See INA section 244(a)(1)(A), 8 U.S.C.
1254a(a)(1)(A).
---------------------------------------------------------------------------
\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002, Public Law 107-296,
116 Stat. 2135, any reference to the Attorney General in a provision
of the INA describing functions transferred from the Department of
Justice to DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
Act of 2002, tit. XV, section 1517).
---------------------------------------------------------------------------
At least 60 days before the expiration of a country's TPS
designation, the Secretary, after consultation with appropriate
Government agencies, must review the conditions in a foreign state
designated for TPS to determine whether the conditions for the TPS
designation continue to be met. See INA section 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). If the Secretary determines that a foreign state
continues to meet the conditions for TPS designation, the designation
may be extended for an additional period of 6, 12, or 18 months. See
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
What is the Secretary's authority to redesignate 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 section
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 244(c)(1)(A)(i),
8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been
continuously physically present since the effective date of the most
recent designation of the state'') (emphasis added). This is one of
numerous instances in which the Secretary, and prior to the
establishment of DHS, the Attorney General, has simultaneously extended
a country's TPS designation and redesignated the country for TPS. See,
e.g., Extension and Redesignation of Syria for Temporary Protected
Status, 81 FR 50533 (Aug. 1, 2016); Extension and Redesignation of
South Sudan for Temporary Protected Status, 81 FR 4051 (Jan. 25, 2016);
Extension and Redesignation of Haiti for Temporary Protected Status, 76
FR 29000 (May 19, 2011); Extension of Designation and Redesignation of
Liberia Under Temporary Protected Status Program, 62 FR 16608 (Apr. 7,
1997) (discussing legal authority for redesignation of a country for
TPS).
When the Secretary designates or redesignates a country for TPS, he
or she also has the discretion to establish the date from which TPS
applicants must demonstrate that they have been ``continuously
resid[ing]'' in the United States. See INA section 244(c)(1)(A)(ii), 8
U.S.C. 1254a(c)(1)(A)(ii). This discretion permits the Secretary to
tailor the ``continuous residence'' date to offer TPS to the group of
eligible individuals that the Secretary deems appropriate.
The Secretary has determined that the ``continuous residence'' date
for applicants for TPS under the redesignation of Yemen shall be
January 4, 2017. Initial applicants for TPS under this redesignation
must also show they have been ``continuously physically present'' in
the United States since March 4, 2017, which is the effective date of
the Secretary's redesignation of Yemen. See INA section
244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i). For each initial TPS
application filed under the redesignation, the final determination of
whether the applicant has met the ``continuous physical presence''
requirement cannot be made until March 4, 2017. USCIS, however, will
issue EADs, as appropriate, during the registration period in
accordance with 8 CFR 244.5(b) to individuals who file their
applications before March 4, 2017.
Why is the Secretary extending the TPS designation for Yemen and
simultaneously redesignating Yemen for TPS through September 3, 2018?
DHS, in consultation with the Department of State, has conducted a
thorough review of conditions in Yemen. Based on this review, the
Secretary has determined that an 18-month extension of Yemen's
designation for TPS is warranted because the conditions that supported
its designation on the basis of ongoing armed conflict persist. Ongoing
armed conflict within Yemen continues to pose a serious threat to the
personal safety of returning nationals.
Furthermore, redesignation is warranted due to the continued
deterioration of the conditions for civilians in Yemen and the
resulting need to offer protection to individuals who have arrived in
the United States after the eligibility cutoff dates established by
Yemen's previous designation for TPS in September 2015. The
redesignation is based on the dual statutory grounds of (1) ongoing
armed conflict in Yemen and, due to such conflict, requiring the return
of Yemen
[[Page 861]]
nationals to Yemen would pose a serious threat to their personal safety
and (2) extraordinary and temporary conditions, stemming from the
conflict and exacerbated by natural disasters, also prevent Yemeni
nationals from returning to Yemen in safety and it is not contrary to
the national interest of the United States to permit Yemeni nationals
to remain temporarily in the United States.
In July 2014, the Houthis, a group from the northern region of
Yemen opposed to the government, began a violent territorial expansion
across Yemen. The Houthis took over the capital, Sana'a, in September
2014, consolidating control of Yemeni government ministries,
infrastructure, and security forces. The conflict between the Houthis
and the government escalated in March 2015, when a coalition of more
than ten countries, led by Saudi Arabia, initiated air strikes against
the Houthis. Since the March 2015 escalation, thousands have been
killed and tens of thousands wounded. Out of a 2015 population of
approximately 26.7 million, 3 million Yemenis have been internally
displaced, and more than 180,000 people have fled the country.
The ongoing conflict has deepened Yemen's difficult economic and
humanitarian situation. More than 80 percent of Yemenis require some
form of humanitarian assistance. The food security situation has
significantly deteriorated over the last year, with over 14- million
people food insecure. The conflict has also severely impacted the
delivery of basic services, including health services, water,
sanitation, and education. Infrastructure damage as a result of the
conflict has further constrained service delivery and relief efforts,
as roads, bridges, flood control systems, health facilities, airports,
and schools have been damaged or destroyed in the conflict. Even if a
political resolution to the conflict is reached, Yemen will be faced
with tremendous reconstruction needs. Additionally, thousands of
landmines have been placed during the conflict, with mine clearance
likely taking years to complete.
Many hospitals and health facilities have closed due to damage,
destruction, or shortages of critical supplies or staff. Those that
remain open struggle to function fully. The shortage in health care is
disproportionately affecting children under five, pregnant women, and
people with chronic diseases. A lack of fuel to pump clean water and
conflict-related destruction and damage to water networks has left
people unable to meet their basic water, hygiene, and sanitation needs,
leading to an increased risk of disease outbreaks. There is now a
cholera outbreak in Yemen; the number of suspected cases ballooned to
1,410 within three weeks of the outbreak being declared. Almost half of
all school-aged children in Yemen are unable to attend school, largely
due to the destruction of school buildings, or because the buildings
are being used to shelter displaced persons or by warring parties to
the conflict.
In addition to conflict-related damage, since Yemen's initial
designation for TPS in September 2015, natural disasters have also
contributed to infrastructure damage. Yemen was hit by two tropical
cyclones, Chapala and Megh, in November 2015, inundating Yemen with 24
inches of rain in 48 hours, an amount seven times the annual average.
Heavy rains again pounded Yemen on April 13-14, 2016. These storms
caused loss of life; injuries; flooding; mudslides; damage to
infrastructure; and shortages of food, water, medical supplies, and
fuel.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary has determined that:
The conditions that supported the September 3, 2015
designation of Yemen for TPS continue to be met. See INA section
244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
There is ongoing armed conflict in Yemen and, due to such
conflict, requiring the return of Yemen nationals to Yemen would pose a
serious threat to their personal safety. See INA section 244(b)(1)(A),
8 U.S.C. 1254a(b)(1)(A).
There are extraordinary and temporary conditions in Yemen
that prevent Yemeni nationals from returning to Yemen in safety, and it
is not contrary to the national interest of the United States to permit
Yemeni nationals to remain temporarily in the United States. See INA
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The existing designation of Yemen for TPS should be
extended for an additional 18-month period from March 4, 2017 through
September 3, 2018. See INA section 244(b)(3)(C), 8 U.S.C.
1254a(b)(3)(C).
Yemen should be redesignated for TPS for an 18-month
period on the statutory bases of ongoing armed conflict and
extraordinary and temporary conditions, effective March 4, 2017 through
September 3, 2018. See INA section 244(b)(1)(A) and (C), and (b)(2); 8
U.S.C. 1254a(b)(1)(A) and (C), and (b)(2).
TPS applicants must demonstrate that they have
continuously resided in the United States since January 4, 2017 and
been continuously physically present in the United States since March
4, 2017.
There are approximately 1,000 current Yemen TPS
beneficiaries who may apply for re-registration and be eligible to
retain their TPS under the extension.
It is estimated that an additional 150-450 individuals may
become newly eligible for TPS under the redesignation.
Notice of Extension of the TPS Designation of Yemen and Redesignation
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 Government agencies, that the conditions that supported
Yemen's designation for TPS in September 2015 based on the ongoing
armed conflict in Yemen continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). I also have determined that
there are extraordinary and temporary conditions in Yemen that prevent
Yemeni nationals from returning to Yemen in safety, and that it is not
contrary to the national interest of the United States to permit Yemeni
nationals to remain temporarily in the United States. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On the basis of these
determinations, I am simultaneously extending the existing TPS
designation of Yemen for 18 months from March 4, 2017, through
September 3, 2018, and redesignating Yemen for TPS for the same 18-
month period. See INA section 244(b)(1)(A) and (C), and (b)(2); 8
U.S.C. 1254a(b)(1)(A) and (C), and (b)(2). I have also determined that
to be eligible for TPS under the redesignation, individuals must
demonstrate that they have continuously resided in the United States
since January 4, 2017. See INA section 244(c)(1)(A)(ii), 8 U.S.C.
1254a(c)(1)(A)(ii).
Jeh Charles Johnson,
Secretary.
I am currently a Yemen TPS beneficiary. What should I do?
If you are a current TPS beneficiary whose TPS application was
approved prior to January 4, 2017, then you need to file a re-
registration application under the extension if you wish to maintain
TPS benefits through September 3, 2018. You must use the Application
for Temporary Protected Status (Form I-821) to re-register for TPS. The
60-day open reregistration period will run from January 4, 2017 through
March 6, 2017.
[[Page 862]]
I have a pending initial TPS application filed during the Yemen TPS
registration period that ran from September 3, 2015, through March 1,
2016. What should I do?
If your TPS application is still pending on January 4, 2017, then
you do not need to file a new Application for Temporary Protected
Status (Form I-821). Pending TPS applications will be treated as
initial applications under this redesignation. Therefore, if your TPS
application is approved, you will be granted TPS through September 3,
2018. If you have a pending TPS application and you wish to have an EAD
valid through September 3, 2018, please refer to Table 1 to determine
whether you should file a new Application for Employment Authorization
(Form I-765).
Table 1--Form and EAD Information for Pending TPS Applications
------------------------------------------------------------------------
If . . . And . . . Then . . .
------------------------------------------------------------------------
You requested an EAD during You received an You must file a new
the previous initial EAD with Application for
registration period for Yemen Category C19 or Employment
TPS. A12. Authorization (Form
I-765) with the fee
(or fee waiver
request) if you wish
to have a new EAD
valid through Sept.
3, 2018.
You did not You do not need to
receive an EAD file a new
with Category Application for
C19 or A12. Employment
Authorization (Form
I-765). If your TPS
application is
approved, your
Application for
Employment
Authorization (Form
I-765) will be
approved through
Sept. 3, 2018.
You did not request an EAD You wish to have You must file a new
during the previous initial an EAD valid Application for
registration period for Yemen through Sept. 3, Employment
TPS. 2018. Authorization (Form
I-765) with the fee
(or fee waiver
request).
You do not wish You do not need to
to have an EAD file a new
valid through Application for
Sept. 3, 2018. Employment
Authorization (Form
I-765).
------------------------------------------------------------------------
I am not a current TPS beneficiary, and I do not have a TPS application
pending. What are the procedures for initial registration for TPS under
the Yemen redesignation?
If you are not a current Yemen TPS beneficiary, nor do you have a
pending TPS application with USCIS, you may submit your TPS application
during the 180-day initial registration period that will run from
January 4, 2017 through July 3, 2017.
Required Application Forms and Fees To Register or Re-Register for TPS
To register or re-register for TPS, an applicant must submit the
following two applications:
1. Application for Temporary Protected Status (Form I-821).
If you are filing an initial application, you must pay the
fee for the Application for Temporary Protected Status (Form I-821).
See 8 CFR 244.2(f)(2) and 244.6 and information on initial filing on
the USCIS TPS Web page at https://www.uscis.gov/tps.
If you are filing an application for re-registration, you
do not need to pay the fee for the Application for Temporary Protected
Status (Form I-821). See 8 CFR 244.17.
2. Application for Employment Authorization (Form I-765).
If you are applying for initial registration and want an
EAD, you must pay the fee for the Application for Employment
Authorization (Form I-765) only if you are age 14 through 65. No fee
for the Application for Employment Authorization (Form I-765) is
required if you are under the age of 14 or are over 65 and applying for
initial registration.
If you are applying for re-registration and want an EAD,
you must pay the fee for the Application for Employment Authorization
(Form I-765), regardless of your age.
If you are not requesting an EAD, regardless of whether
you are applying for initial registration or re-registration, you do
not pay the fee for the Application for Employment Authorization (Form
I-765).
You must submit both completed application forms together. If you
are unable to pay for the application and/or biometric services fee,
you may apply for a fee waiver by completing a Request for Fee Waiver
(Form I-912) or submitting a personal letter requesting a fee waiver,
and by providing satisfactory supporting documentation. For more
information on the application forms and fees for TPS, please visit the
USCIS TPS Web page at https://www.uscis.gov/tps. Fees for the
Application for Temporary Protected Status (Form I-821), the
Application for Employment Authorization (Form I-765), and biometric
services are also described in 8 CFR 103.7(b)(1)(i).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee. If you are unable to pay for the biometric services fee,
you may apply for a fee waiver by completing a Request for Fee Waiver
(Form I-912) or by submitting a personal letter requesting a fee
waiver, and providing satisfactory supporting documentation. For more
information on the biometric services fee, please visit the USCIS Web
site at https://www.uscis.gov. If necessary, you may be required to
visit an Application Support Center to have your biometrics captured.
Refiling an Initial TPS Application After Receiving a Denial of a Fee
Waiver Request
If you request a fee waiver when filing your initial TPS
application package and your request is denied, you may re-file your
application packet before the initial filing deadline of July 3, 2017.
If you submit your application with a fee waiver request before that
deadline, but you receive a fee waiver denial and there are fewer than
45 days before the filing deadline (or the deadline has passed), you
may still re-file your application within the 45-day period after the
date on the USCIS fee waiver denial notice. Your application will not
be rejected even if the filing deadline has passed, provided it is
mailed within those 45 days and all other required information for the
application is included. Note: If you wish, you may also wait to
request an EAD and pay the Application for Employment Authorization
(Form I-765) fee after USCIS grants you TPS, if you are found eligible.
If you choose to do this, you would file the Application for Temporary
Protected Status (Form I-821) with the fee and the Application for
Employment Authorization (Form I-765) without the fee and without
requesting an EAD.
[[Page 863]]
Re-Filing a TPS Re-Registration Application After Receiving a Denial of
a Fee Waiver Request
USCIS urges all re-registering applicants to file as soon as
possible within the 60-day re-registration period so that USCIS can
process the applications and issue EADs promptly. Filing early will
also allow those applicants who may receive denials of their fee waiver
requests to have time to re-file their applications before the re-
registration deadline. If, however, an applicant receives a denial of
his or her fee waiver request and is unable to re-file by the re-
registration deadline, the applicant may still re-file his or her
application. This situation will be reviewed to determine whether the
applicant has established good cause for late re-registration. However,
applicants are urged to re-file within 45 days of the date on their
USCIS fee waiver denial notice, if at all possible. See INA section
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more
information on good cause for late re-registration, visit the USCIS TPS
Web page at https://www.uscis.gov/tps. Note: Although a re-registering
TPS beneficiary age 14 and older must pay the biometric services fee
(but not the initial TPS application fee) when filing a TPS re-
registration application, the applicant may decide to wait to request
an EAD, and therefore not pay the Application for Employment
Authorization (Form I-765) fee, until after USCIS has approved the
individual's TPS re-registration, if he or she is eligible.
Mailing Information
Mail your application for TPS to the proper address in Table 2.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S. Postal USCIS, Attn: TPS Yemen, P.O.
Service. Box 7555, Chicago, IL 60680-
6943.
You are using a non-U.S. Postal Service USCIS, Attn: TPS Yemen, 131
delivery service. S. Dearborn, 3rd Floor,
Chicago, IL 60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA), and you wish to request an EAD, or are
re-registering for the first time following a grant of TPS by an IJ or
the BIA, please mail your application to the appropriate address in
Table 2. When submitting a re-registration application and/or
requesting an EAD based on an IJ/BIA grant of TPS, please include a
copy of the IJ or BIA order granting you TPS with your application.
This will aid in the verification of your grant of TPS and processing
of your application, as USCIS may not have received records of your
grant of TPS by either the IJ or the BIA.
E-Filing
You cannot electronically file your application when re-registering
or submitting an initial registration for Yemen TPS. Please mail your
application to the mailing address listed in Table 2.
Supporting Documents
The filing instructions on the Application for Temporary Protected
Status (Form I-821) list all the documents needed to establish basic
eligibility for TPS. You may also find information on the acceptable
documentation and other requirements for applying or registering for
TPS on the USCIS Web site at www.uscis.gov/tps under ``Yemen.''
Do I need to submit additional supporting documentation?
If one or more of the questions listed in Part 4, Question 2 of the
Application for Temporary Protected Status (Form I-821) applies to you,
then you must submit an explanation on a separate sheet(s) of paper
and/or additional documentation.
Employment Authorization Document (EAD)
How can I obtain information on the status of my EAD request?
To get case status information about your TPS application,
including the status of a request for an EAD, you can check Case Status
Online at https://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833). If your Application
for Employment Authorization (Form I-765) has been pending for more
than 90 days and you still need assistance, you may request an EAD
inquiry appointment with USCIS by using the InfoPass system at https://infopass.uscis.gov. However, we strongly encourage you first to check
Case Status Online or call the USCIS National Customer Service Center
for assistance before making an InfoPass appointment.
Am I eligible to receive an automatic 6-month extension of my current
EAD through September 3, 2017?
Provided that you currently have a Yemen TPS-based EAD, this Notice
automatically extends your EAD by 6 months if you:
Are a national of Yemen (or an alien having no nationality
who last habitually resided in Yemen);
Received an EAD under the designation of Yemen for TPS;
and
Have an EAD with a marked expiration date of March 3,
2017, bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.''
Although this Notice automatically extends your EAD through
September 3, 2017, you must re-register timely for TPS in accordance
with the procedures described in this Notice if you would like to
maintain your TPS.
When hired, what documentation may I show to my employer as proof of
employment authorization and identity when completing Employment
Eligibility Verification (Form I-9)?
You can find a list of acceptable document choices on the ``Lists
of Acceptable Documents'' for Employment Eligibility Verification (Form
I-9). You can find additional detailed information on the USCIS I-9
Central Web page at https://www.uscis.gov/I-9Central. Employers are
required to verify the identity and employment authorization of all new
employees by using Employment Eligibility Verification (Form I-9).
Within 3 days of hire, an employee must present proof of identity and
employment authorization to his or her employer.
You may present any document from List A (reflecting both your
identity and employment authorization), or one document from List B
(reflecting identity) together with one document from List C
(reflecting employment authorization), or you may present an acceptable
receipt for List A, List B, or List C documents as described in the
Employment Eligibility Verification (Form I-9) Instructions. An EAD is
an acceptable document under ``List A.'' Employers may not reject a
document based on a future expiration date.
If your EAD has an expiration date of March 3, 2017, and states
``A-12'' or ``C-19'' under ``Category,'' it has been extended
automatically for 6 months by virtue of this Federal Register Notice,
and you may choose to present your EAD to your employer as proof of
identity and employment authorization for Form I-9 through September 3,
2017 (see the subsection titled ``How do my employer and I complete the
Employment Eligibility Verification (Form I-9) using an automatically
extended EAD for a new job?'' for further information). To minimize
[[Page 864]]
confusion over this extension at the time of hire, you should explain
to your employer that USCIS has automatically extended your EAD through
September 3, 2017. You may also show your employer a copy of this
Federal Register Notice confirming the automatic extension of
employment authorization through September 3, 2017. As an alternative
to presenting your automatically extended EAD, you may choose to
present any other acceptable document from List A, a combination of one
selection from List B and one selection from List C, or a valid
receipt.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?
Even though EADs with an expiration date of March 3, 2017, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended for 6 months by this Federal Register Notice, your employer
will need to ask you about your continued employment authorization once
March 3, 2017 is reached to meet its responsibilities for Employment
Eligibility Verification (Form I-9). Your employer may need to re-
inspect your automatically extended EAD to check the expiration date
and code to record the updated expiration date on your Employment
Eligibility Verification (Form I-9) if he or she did not keep a copy of
this EAD when you initially presented it. However, your employer does
not need a new document to re-verify your employment authorization
until September 3, 2017, the expiration date of the automatic
extension. Instead, you and your employer must make corrections to the
employment authorization expiration dates in Section 1 and Section 2 of
Employment Eligibility Verification (Form I-9) (see the subsection
titled ``What corrections should my current employer and I make to
Employment Eligibility Verification (Form I-9) if my EAD has been
automatically extended?'' for further information). In addition, you
may also show this Federal Register Notice to your employer to explain
what to do for Employment Eligibility Verification (Form I-9).
By September 3, 2017, the expiration date of the automatic
extension, your employer must re-verify your employment authorization.
At that time, you must present any document from List A or any document
from List C on Employment Eligibility Verification (Form I-9) to re-
verify employment authorization, or an acceptable List A or List C
receipt described in the Employment Eligibility Verification (Form I-9)
Instructions. Your employer should complete either Section 3 of the
Employment Eligibility Verification (Form I-9) originally completed for
you or, if this Section has already been completed or if the version of
Employment Eligibility Verification (Form I-9) has expired (check the
date in the bottom left-hand corner of the form), complete Section 3 of
a new Employment Eligibility Verification (Form I-9) using the most
current version. Note that your employer may not specify which List A
or List C document employees must present, and cannot reject an
acceptable receipt.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my Yemeni citizenship?
No. When completing Employment Eligibility Verification (Form I-9),
including re-verifying employment authorization, employers must accept
any documentation that appears on the ``Lists of Acceptable Documents''
for Employment Eligibility Verification (Form I-9) 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 documentation that
does not appear on the ``Lists of Acceptable Documents.'' Therefore,
employers may not request proof of Yemeni citizenship or proof of re-
registration for TPS when completing Employment Eligibility
Verification (Form I-9) for new hires or re-verifying the employment
authorization of current employees. If presented with EADs that have
been automatically extended, employers should accept such EADs as valid
List A documents so long as the EADs reasonably appear to be genuine
and to relate to the employee. Refer to the Note to Employees section
of this 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.
What happens after September 3, 2017 for purposes of employment
authorization?
After September 3, 2017, employers may no longer accept the EADs
that this Federal Register Notice automatically extended. Before that
time, however, USCIS will endeavor to issue new EADs to eligible TPS
re-registrants who request them. These new EADs will have an expiration
date of September 3, 2018, and can be presented to your employer for
completion of Employment Eligibility Verification (Form I-9).
Alternatively, you may choose to present any other legally acceptable
document or combination of documents listed on the Employment
Eligibility Verification (Form I-9).
How do my employer and I complete Employment Eligibility Verification
(Form I-9) using an automatically extended EAD for a new job?
When using an automatically extended EAD to complete Employment
Eligibility Verification (Form I-9) for a new job prior to September 3,
2017, you and your employer should do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and write the
automatically extended EAD expiration date (September 3, 2017) in the
space provided; and
b. Write your alien number (USCIS number or A-number) in the next
space (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 record the:
a. Document title;
b. Issuing authority;
c. Document number; and
d. Automatically extended EAD expiration date (September 3, 2017).
By September 3, 2017, employers must re-verify the employee's
employment authorization in Section 3 of the Employment Eligibility
Verification (Form I-9).
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?
If you are an existing employee who presented a TPS-related EAD
that was valid when you first started your job, but that EAD has now
been automatically extended, your employer may need to re-inspect your
automatically extended EAD if your employer does not have a copy of the
EAD on file, and you and your employer should correct your previously
completed Employment Eligibility Verification (Form I-9) as follows:
1. For Section 1, you should:
a. Draw a line through the expiration date in Section 1;
b. Write ``September 3, 2017'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 1; and
d. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Draw a line through the expiration date written in Section 2;
[[Page 865]]
b. Write ``September 3, 2017'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
By September 3, 2017, when the automatic extension of EADs expires,
employers must re-verify the employee's employment authorization in
Section 3.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiration'' alert for an automatically
extended EAD?
E-Verify automated the verification process for employees whose TPS
was automatically extended in a Federal Register Notice. If you have an
employee who is a TPS beneficiary who provided a TPS-related EAD when
he or she 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. By September 3, 2017,
employment authorization must be re-verified in Section 3. Employers
should 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 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 I-9Central@dhs.gov. Calls and emails
are accepted in English and many other languages. For questions about
avoiding discrimination during the employment eligibility verification
process (Form I-9 and E-Verify), employers may also call the U.S.
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Employer Hotline at 800-255-
8155 (TTY 800-237-2515), which offers language interpretation in
numerous languages, or email OSC at osccrt@usdoj.gov.
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 at I-9Central@dhs.gov. Calls are accepted in English, and many
other languages. Employees or applicants may also call the OSC Worker
Information Hotline at 800-255-7688 (TTY 800-237-2515) for information
regarding employment discrimination based upon citizenship, immigration
status, or national origin, including discrimination related to
Employment Eligibility Verification (Form I-9) and E-Verify. The OSC
Worker Information Hotline provides language interpretation in numerous
languages.
To comply with the law, employers must accept any document or
combination of documents from the List of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Employment Eligibility Verification (Form I-9)
Instructions. Employers may not require extra or additional
documentation beyond what is required for Employment Eligibility
Verification (Form I-9) completion. Further, employers participating in
E-Verify who receive an E-Verify case result of ``Tentative
Nonconfirmation'' (TNC) must promptly inform employees of the TNC and
give such employees an opportunity to contest the TNC. A TNC case
result means that the information entered into E-Verify from Employment
Eligibility Verification (Form I-9) differs from Federal or state
government records.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against an employee based on the
employee's decision to contest a TNC or because the case is still
pending with E-Verify. A Final Nonconfirmation (FNC) case result is
received when E-Verify cannot verify 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). To report an
employer for discrimination in the E-Verify process based on
citizenship or immigration status, or based on national origin, contact
OSC's Worker Information Hotline at 800-255-7688 (TTY 800-237-2515).
Additional information about proper nondiscriminatory Employment
Eligibility Verification (Form I-9) and E-Verify procedures is
available on the OSC Web site at https://www.justice.gov/crt/about/osc/
and the USCIS Web site at https://www.dhs.gov/E-verify.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
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 and/or show you are authorized to work based on TPS.
Examples of such documents are:
(1) Your EAD that has been automatically extended, or your EAD that
has not expired;
(2) A copy of this Federal Register Notice if your EAD is
automatically extended under this Notice;
(3) A copy of your Application for Temporary Protected Status
Notice of Action (Form I-797) for this re-registration;
(4) A copy of your past or current Application for Temporary
Protected Status Notice of Action (Form I-797), if you received one
from USCIS; or
(5) If there is an automatic extension of work authorization, a
copy of information from the USCIS TPS Web site that provides
information on the automatic extension.
Check with the Government agency regarding which document(s) the
agency will accept.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements (SAVE) program to confirm the current
immigration status of applicants for public benefits. 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 the following link: https://save.uscis.gov/casecheck/,
then by clicking the ``Check Your Case'' button. CaseCheck is a free
service that lets you follow the progress of your SAVE verification
using your date of birth and one immigration identifier number. If an
agency has denied your application based solely or in part on a SAVE
response, the agency must offer you the opportunity to appeal the
decision in accordance with the agency's procedures. If the agency has
received and acted upon or will act upon a SAVE verification and you do
not believe the
[[Page 866]]
response is correct, you may make an InfoPass appointment for an in-
person interview at a local USCIS office. Detailed information on how
to make corrections, make an appointment, or submit a written request
to correct records under the Freedom of Information Act can be found on
the SAVE Web site at https://www.uscis.gov/save, then by choosing ``For
Benefits Applicants'' from the menu on the left and selecting
``Questions about your Records?''.
[FR Doc. 2016-31003 Filed 1-3-17; 8:45 am]
BILLING CODE 9111-97-P