Extension of the Designation of Sudan for Temporary Protected Status; Extension of Employment Authorization Documentation for Eligible TPS Beneficiaries, 52429-52433 [05-17578]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Citizenship and Immigration Services

[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Notices]
[Pages 52429-52433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17578]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2360-05]
RIN 1615-ZA28


Extension of the Designation of Sudan for Temporary Protected 
Status; Extension of Employment Authorization Documentation for 
Eligible TPS Beneficiaries

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

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SUMMARY: The designation of Sudan for Temporary Protected Status (TPS) 
will expire on November 2, 2005. This Notice extends TPS for Sudan for 
18 months, until May 2, 2007, and sets forth procedures necessary for 
nationals of Sudan (or aliens having no

[[Page 52430]]

nationality who last habitually resided in Sudan) with TPS to re-
register and to apply for an extension of their employment 
authorization documents (EADs) for the additional 18-month period. 
Certain nationals of Sudan (or aliens having no nationality who last 
habitually resided in Sudan) who previously have not applied for TPS 
may be eligible to apply under the late initial registration 
provisions.
    The Department of Homeland Security recognizes that some re-
registrants may not receive their new employment authorization 
documents until after their current documents expire on November 2, 
2005. Accordingly, when eligible TPS beneficiaries re-register for TPS 
and appear at a U.S. Citizenship and Immigration Services Application 
Support Center for collection of biometrics, stickers will be affixed 
to their employment authorization documents to extend the validity of 
the cards through February 2006.

DATES: The extension of the designation of TPS for Sudan is effective 
November 2, 2005, and will remain in effect until May 2, 2007. The 60-
day re-registration period begins September 2, 2005 and will remain in 
effect until November 1, 2005.

FOR FURTHER INFORMATION CONTACT: Susan Kopp Keyack, Residence and 
Status Services, Office of Program and Regulations Development, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529, 
telephone (202) 514-4754. This is a toll call.

SUPPLEMENTARY INFORMATION:

Abbreviations and Terms Used in This Document

Act--Immigration and Nationality Act.
ASC--USCIS Application Support Center.
DHS--Department of Homeland Security.
DOS--Department of State.
EAD--Employment Authorization Document.
RIC--USCIS Resource Information Center.
TPS--Temporary Protected Status.
U.N.--United Nations.
UNHCR--United Nations High Commissioner for Refugees.
USCIS--U.S. Citizenship and Immigration Services.

What Authority Does the Secretary of Homeland Security Have To Extend 
the Designation of TPS for Sudan?

    Under section 244 of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a, the Secretary of Homeland Security, after consultation 
with appropriate agencies of the Government, is authorized to designate 
a foreign state (or part thereof) for TPS. 8 U.S.C. 1254a(b)(1). The 
Secretary of Homeland Security may then grant TPS to eligible nationals 
of that foreign state (or aliens having no nationality who last 
habitually resided in that state). 8 U.S.C. 1254a(a)(1).
    At least 60 days before the expiration of the TPS designation, or 
any extension thereof, section 244(b)(3)(A) of the Act requires the 
Secretary to review, after consultation with appropriate agencies of 
the Government, the conditions in a foreign state designated for TPS to 
determine whether the conditions for a TPS designation continue to be 
met and, if so, the length of an extension of the TPS designation. 8 
U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign 
state no longer meets the conditions for the TPS designation, he shall 
terminate the designation, as provided in section 244(b)(3)(B) of the 
Act. 8 U.S.C. 1254a(b)(3)(B). Finally, section 244(b)(3)(C) of the Act 
provides for the extension of TPS for an additional period of 6 months 
(or, in the discretion of the Secretary, a period of 12 or 18 months) 
unless the Secretary determines that a foreign state (or part thereof) 
no longer meets the conditions for the designation at least 60 days 
before the designation or extension is due to end. 8 U.S.C. 
1254a(b)(3)(C).

Why Did the Secretary of Homeland Security Decide To Extend the TPS 
Designation for Sudan?

    On November 4, 1997, the Attorney General published a Notice in the 
Federal Register at 62 FR 59737 designating Sudan for TPS based on an 
ongoing armed conflict and extraordinary and temporary conditions 
within the country. The Attorney General extended this designation the 
next year, determining that the conditions warranting such designation 
continued to be met. 63 FR 59337. On November 9, 1999, the Attorney 
General extended and re-designated Sudan by publishing a Notice in the 
Federal Register, based upon the ongoing armed conflict and 
extraordinary and temporary conditions within the country. 64 FR 61128. 
Subsequent to that date, the Attorney General, and now the Secretary of 
Homeland Security, extended TPS for Sudan four times, determining in 
each instance that the conditions warranting the designation continued 
to be met. 65 FR 67407, 66 FR 46031, 67 FR 55877, and 68 FR 52410. In 
the most recent designation, which took place October 7, 2004, the 
Secretary of Homeland Security extended and re-designated Sudan for TPS 
due to the ongoing armed conflict in the Darfur region and the 
extraordinary and temporary conditions resulting from the ongoing 
conflict. 69 FR 60168. The most recent extension and re-designation 
became effective on November 2, 2004, and are due to end on November 2, 
2005.
    Over the past year, the Department of Homeland Security (DHS) and 
the Department of State (DOS) have continued to review conditions in 
Sudan. Based on this review, DHS has concluded that an 18-month 
extension is warranted because the ongoing, armed conflict and 
extraordinary and temporary conditions that prompted designation 
persist. Further, DHS has determined that it is not contrary to the 
national interest of the United States to permit aliens who are 
eligible for TPS based on the designation of Sudan to remain 
temporarily in the United States. See 8 U.S.C. 1254a(b)(1)(C).
    On June 28, 2005, DOS submitted a memorandum to U.S. Citizenship 
and Immigration Services (USCIS) recommending an extension of TPS for 
Sudan (DOS Recommendation). The DOS Recommendation noted that although 
the Government of Sudan and the rebel Sudan People's Liberation Army/
Movement signed a Comprehensive Peace Agreement on January 9, 2005, 
sporadic violence continues in southern Sudan, with an estimated 9,000 
new refugee outflows since January. Several groups, including numerous 
Sudanese militias and the Ugandan Lord's Resistance Army, continue to 
threaten the long-term security of the region. Id.
    The USCIS Resource Information Center (RIC) reported on June 23, 
2005, that two million people were killed during the war in southern 
Sudan. RIC Report. Another two million southern Sudanese rely on 
assistance provided by Operation Lifeline Sudan. Id. There are over 
500,000 refugees from southern Sudan in Uganda, Ethiopia, the 
Democratic Republic of Congo, and Kenya. DOS Recommendation. The United 
Nations High Commissioner for Refugees (UNHCR) plans to organize the 
return of refugees to Southern Sudan beginning in fall 2005. Id. As of 
June 2005, very few UNHCR-registered refugees have returned to southern 
Sudan. Id.
    The DOS Recommendation also explained that armed conflict continues 
in the western region of Darfur and an estimated 180,000 people have 
been killed in conflict during the past two years. Further, 
approximately two

[[Page 52431]]

million people have been internally displaced and another 200,000 have 
fled to neighboring Chad as a result of the conflict. There are reports 
of widespread killings, rapes, beatings, looting and burning of 
property throughout the region.
    Access to humanitarian aid is limited. In April 2005, the United 
Nations (U.N.) reported that up to four million people might face food 
shortages over the next 18 months. DOS Recommendation. Two million 
people are in need of food aid in Darfur. RIC Report. The killing of 
three aid workers in December 2004 and general insecurity hampered 
humanitarian agencies from accessing areas of Darfur in need. Id. The 
number of internally displaced persons in all of Sudan rose from 4 
million to 6 million due to the armed conflict in Darfur. Id.
    Based upon this review, the Secretary of Homeland Security finds, 
after consultation with the appropriate Government agencies, finds that 
the conditions that prompted the designation of Sudan for TPS continue 
to be met. See 8 U.S.C. 1254a(b)(3)(A). The armed conflict is ongoing 
and there exists extraordinary and temporary conditions in Sudan that 
prevent aliens who are nationals of Sudan (or aliens having no 
nationality who last habitually resided in Sudan) from returning in 
safety, assuming these aliens meet the other statutory requirements for 
TPS. The Secretary of Homeland Security also finds that it is not 
contrary to the national interest of the United States to permit aliens 
who meet the eligibility requirements of TPS to remain in the United 
States temporarily. See 8 U.S.C. 1254a(b)(1)(C). On the basis of these 
findings, the Secretary of Homeland Security concludes that the 
designation of Sudan for TPS should be extended for an additional 18-
month period. See 8 U.S.C. 1254a(b)(3)(C).

If I Currently Have Benefits Through the TPS Designation of Sudan, 
Should I Re-register for TPS?

    Yes. If you already have received benefits through the TPS 
designation of Sudan, your benefits will expire on November 2, 2005. 
Accordingly, you must comply with the re-registration requirements 
described below in order to maintain TPS benefits through May 2, 2007. 
TPS benefits include temporary protection against removal from the 
United States, as well as employment authorization, during the TPS 
designation period. 8 U.S.C. 1254a(a)(1).

If I Am Currently Registered for TPS, or Have a Pending Application for 
TPS, How Do I Re-register Under the Extension?

    All persons previously granted TPS under the designation of Sudan 
who wish to maintain such status must re-register under the extension 
by filing the following:
    (1) Form I-821, Application for Temporary Protected Status, without 
fee;
    (2) Form I-765, Application for Employment Authorization (see the 
chart below to determine whether you must submit the one hundred 
seventy-five dollar ($175) filing fee with Form I-765) or a fee waiver 
request;
    (3) A biometric service fee of seventy dollars ($70) if you are 14 
years of age or older, or if you are under 14 and are requesting an 
Employment Authorization Document (EAD). The biometric service fee will 
not be waived. 8 CFR 103.2(e)(4) (i), (iii). An application submitted 
without the required fees will be returned to the applicant.
    (4) Unlike previous registration periods, you do not need to submit 
photographs with your TPS application because a photograph will be 
taken when you appear at an USCIS Application Support Center (ASC) for 
collection of biometrics. Biometric collection also includes capture of 
your signature and fingerprints.
    Aliens who have previously registered for TPS but whose 
applications remain pending should follow these instructions if they 
wish to renew their TPS benefits.

What Edition of the Form I-821 Must Be Submitted?

    Form I-821 has been revised. Only the Form I-821 with a revision 
date of November 5, 2004 will be accepted. The bottom of each page of 
the revised form reads, ``Form I-821 (Rev. 11/05/04)N.'' Submissions of 
older versions of Form I-821 will be rejected.

Where and When Should the Forms and Fees Be Submitted?

    Submit the completed forms and applicable fee, if any, to the USCIS 
Chicago, Illinois Lockbox, as noted below, during the 60-day re-
registration period that begins September 2, 2005 and ends November 1, 
2005.
    Who Is Eligible To Receive a Sticker To Extend the Validity of His 
or Her EAD From November 2, 2005 Through February 2006?
    An individual who is a national of Sudan (or an alien having no 
nationality who last habitually resided in Sudan), who has applied for 
and received an EAD under the TPS designation of Sudan, and who has not 
had TPS withdrawn or denied will have a temporary extension sticker 
affixed to his/her current TPS-related EAD when the individual re-
registers for TPS and appears at an ASC for collection of biometrics. 
The sticker will indicate ``February 2006'' and will thereby extend the 
validity of the EAD until February 28, 2006. USCIS district offices 
will not be providing EAD extension stickers. This benefit will be 
available only through ASCs.

How May Employers Determine Whether an EAD Has Been Automatically 
Extended Through February 2006 and Is Therefore Acceptable for 
Completion of the Form I-9?

    For purposes of verifying identity and employment eligibility or 
re-verifying employment eligibility on the Form I-9 until February 
2006, employers of Sudanese TPS beneficiaries whose EADs have been 
extended by an extension sticker must accept such EAD if presented. 
Employers will see a sticker that indicates ``February 2006'' on 
either: (1) a Form I-766 bearing the notation ``A-12'' or ``C-19'' on 
the face of the card under ``Category,'' or (2) a Form I-688B bearing 
the notation ``274a.12(a)(12)'' or ``274a.12(c)(19)'' on the face of 
the card under ``Provision of Law.'' This sticker extends validity of 
the EAD through February 28, 2006.
    Employers should not request proof of Sudanese citizenship. Unless 
put on notice that an employee is unauthorized to work, employers 
presented with an EAD that contains a valid extension sticker, if it 
appears to be genuine and appears to relate to the employee, should 
accept the EAD as a valid ``List A'' document and should not ask for 
additional Form I-9 documentation. This action by the Secretary of DHS 
does not affect the right of an employee to present any legally 
acceptable document as proof of identity and eligibility for 
employment.
    Employers are reminded that the laws prohibiting unfair 
immigration-related employment practices remain in full force and that 
this Notice does not supersede or in any way limit applicable 
employment verification rules and policy guidance. For questions, 
employers may call the USCIS Office of Business Liaison Employer 
Hotline at 1-800-357-2099 to speak to a USCIS representative. Also, 
employers may call the U.S. Department of Justice Office of Special 
Counsel for Immigration Related Unfair Employment Practices (OSC) 
Employer

[[Page 52432]]

Hotline at 1-800-255-8155 or 1-800-362-2735 (TDD). Employees or 
applicants may call the OSC Employee Hotline at 1-800-255-7688 or 1-
800-237-2515 (TDD) for information regarding the automatic extension. 
Additional information is available on the OSC Web site at https://
www.usdoj.gov/crt/osc/.

Where Should an Applicant Submit His or Her Application for Re-
Registration or for Late Initial Registration?

    The Form I-821, Form I-765, fees, and all supporting documentation 
should be filed at the USCIS Chicago, Illinois Lockbox at: U.S. 
Citizenship and Immigration Services, Attn: TPS Sudan, P.O. Box 87583, 
Chicago, IL 60680-0583 or, for non-United States Postal Service (USPS) 
deliveries: U.S. Citizenship and Immigration Services, Attn: TPS Sudan, 
427 S. LaSalle--3rd Floor, Chicago, IL 60605.
    Please note that the above-stated addresses are not the same as 
where you have submitted your forms during previous re-registration 
periods. Aliens re-registering or filing for late initial registration 
for TPS under the designation of Sudan should not send their TPS forms 
and fees directly to a USCIS district office. Failure to follow these 
instructions will delay processing of your TPS re-registration 
application and may result in your application being returned to you.

Who Must Submit the $175 Filing Fee for the Form I-765?

    (1) Although all re-registrants must submit the Form I-765, only 
those re-registrants requesting an EAD, regardless of age, must submit 
the $175 filing fee or a properly documented fee waiver request 
pursuant to 8 CFR 244.20.
    (2) Persons between the ages of 14 and 65 (inclusive) filing under 
the late initial registration provisions who are requesting an EAD also 
must submit the $175 fee or a fee waiver request pursuant to 8 CFR 
244.20.
    (3) Aliens who are submitting Form I-765 only for data-gathering 
purposes (as explained in the chart below) are not required to submit a 
$175 filing fee, nor are they required to submit a fee waiver request.
    Note that TPS re-registrants and applicants for late initial 
registration may wish to consider whether obtaining an EAD will be 
helpful to them for reasons other than verifying employment eligibility 
(for example, as a photo identity document and/or in order to 
demonstrate eligibility for a driver's license in some states).

------------------------------------------------------------------------
                   If                                  Then
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You are re-registering for or renewing   You must complete and file the
 a TPS-related EAD, regardless of your    Form I-765, Application for
 age.                                     Employment Authorization, with
                                          the $175 fee or a fee waiver
                                          request in accordance with 8
                                          CFR 244.20.
Your are not requesting an EAD.........  You must complete and file Form
                                          I-765 (for data-gathering
                                          purposes only) with no fee or
                                          fee waiver request.\1\
You are not applying for a TPS-related   You must complete and file Form
 EAD under the late initial               I-765 with the $175 fee or fee
 registration provisions and are          waiver request.
 between the ages of 14 and 65
 (inclusive).
You are applying for a TPS-related EAD   You must complete and file Form
 under the late initial registration      I-765 (for data-gathering
 provisions and are under age 14 or       purposes only) with no fee.
 over age 65.
------------------------------------------------------------------------
\1\ An applicant who does not want an EAD does not need to submit the
  $175 fee, but must complete and submit Form I-765 for data-gathering
  purposes.

Who Must Submit the $70 Biometric Service Fee?

    The $70 biometric service fee must be submitted by all aliens 14 
years of age and older who are re-registering for TPS, renewing 
temporary treatment benefits, or filing for late initial registration. 
In addition, since a photograph, signature, and fingerprint are 
required to produce an EAD, any applicant under the age of 14 choosing 
to apply for an EAD must submit the $70 biometric service fee. The 
biometric service fee cannot be waived. 8 CFR 103.2(e)(4)(i), (iii).

Does TPS Lead to Lawful Permanent Residence?

    No. TPS is a temporary benefit that does not lead to lawful 
permanent residence by itself or confer any other immigration status. 8 
U.S.C. 1254a(e), (f)(1), and (h). TPS also does not cure any 
immigration status violations, including periods of unlawful presence 
that may have accrued prior to an alien's filing of a prima facie 
eligible application for TPS that is ultimately granted, following 
withdrawal of TPS, or after termination of a TPS designation. When a 
country's TPS designation is terminated, TPS beneficiaries will have 
the same immigration status they held prior to TPS (unless that status 
has since expired or been terminated), or any other status they may 
have acquired while registered for TPS. Accordingly, if an alien held 
no lawful immigration status prior to being granted TPS and did not 
obtain any other status during the TPS period, he or she will have no 
lawful status upon the termination of the TPS designation. Once the 
Secretary determines that a TPS designation should be terminated, 
aliens who had TPS under that designation and who have not acquired 
another immigration status are expected to plan for their departure 
from the United States.

May I Apply for Another Immigration Benefit While Registered for TPS?

    Yes. Registration for TPS does not prevent you from applying for 
another non-immigrant status, from filing for adjustment of status 
based on an immigrant petition, or from applying for any other 
immigration benefit or protection. 8 U.S.C. 1254a(a)(5). For the 
purposes of change of nonimmigrant status and adjustment of status, an 
alien is considered as being in, and maintaining, lawful status as a 
nonimmigrant during the period in which he or she is granted TPS. 8 
U.S.C. 1254a(f)(4).

How Does an Application for TPS Affect My Application for Asylum or 
Other Immigration Benefits?

    An application for TPS does not affect an application for asylum or 
any other immigration benefit. Denial of an application for asylum or 
any other immigration benefit does not affect an applicant's TPS 
eligibility, although the grounds for denying one form of relief may 
also be grounds for denying TPS. For example, a person who has been 
convicted of a particularly serious crime is not eligible for asylum or 
TPS. 8 U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. 1254a(c)(2)(B)(ii).

[[Page 52433]]

Does This Extension Allow Nationals of Sudan (or Aliens Having No 
Nationality Who Last Habitually Resided in Sudan) To Apply for TPS if 
They Entered the United States After October 7, 2004?

    No. This is a Notice of an extension of the TPS designation of 
Sudan, not a Notice re-designating Sudan for TPS. An extension of a TPS 
designation does not change the required dates of continuous residence 
and continuous physical presence in the United States. This extension 
does not expand TPS availability to those beyond the current TPS 
eligibility requirements for Sudan. To be eligible for benefits under 
this extension, nationals of Sudan (or aliens having no nationality who 
last habitually resided in Sudan) must have been continuously 
physically present and continuously resided in the United States since 
October 7, 2004.

Are Certain Aliens Ineligible for TPS?

    Yes. There are certain criminal and terrorism-related 
inadmissibility grounds that render an alien ineligible for TPS. 8 
U.S.C. 1254a(c)(2)(A)(iii). Further, aliens who have been convicted of 
any felony, or two or more misdemeanors, committed in the United States 
are ineligible for TPS under section 244(c)(2)(B) of the Act, 8 U.S.C. 
1254a(c)(2)(B), as are aliens described in the bars to asylum in 
section 208(b)(2)(A) of the Act, 8 U.S.C. 1158(b)(2)(A).

What Is Late Initial Registration?

    Some aliens who did not file for TPS during the initial 
registration period may be eligible for late initial registration under 
8 U.S.C. 1254a(c)(1)(A) and (c)(2) and 8 CFR 244.2(f)(2) and (g). To 
apply for late initial registration an applicant must:
    (1) Be a national of Sudan (or alien who has no nationality and who 
last habitually resided in Sudan);
    (2) Have continuously resided in the United States since October 7, 
2004;
    (3) Have been continuously physically present in the United States 
since October 7, 2004; and
    (4) Be admissible as an immigrant, except as provided under section 
244(c)(2)(A) of the Act, and not ineligible under section 244(c)(2)(B) 
of the Act.
    Additionally, the applicant must be able to demonstrate that during 
the registration period for the initial designation (from November 4, 
1997 to November 3, 1998), during the registration period for the first 
re-designation (from November 9, 1999 to November 2, 2000), or during 
the registration period for the most recent re-designation (from 
October 7, 2004 to April 5, 2005), he or she:
    (1) Was a nonimmigrant or had been granted voluntary departure or 
any relief from removal;
    (2) Had an application for change of status, adjustment of status, 
asylum, voluntary departure, or any relief from removal or change of 
status pending or subject to further review or appeal;
    (3) Was a parolee or had a pending request for reparole; or
    (4) Is the spouse or child of an alien currently eligible to be a 
TPS registrant.
    An applicant for late initial registration must file an application 
for late registration within 60 days of the expiration or termination 
of the above-described conditions. 8 CFR 244.2(g). All late initial 
registration applications for TPS pursuant to the TPS extension of 
Sudan should be submitted to the USCIS lockbox address listed above.

What Happens When This Extension of TPS Expires on May 2, 2007?

    At least 60 days before this extension of the TPS designation for 
Sudan expires on May 2, 2007, the Secretary of Homeland Security, after 
consultation with appropriate agencies of the Government, will review 
conditions in Sudan and determine whether the conditions for 
designation continue to be met at that time, or whether the TPS 
designation should be terminated. 8 U.S.C. 1254a(b)(3). Notice of that 
determination, including the basis for the determination, will be 
published in the Federal Register.

Notice of Extension of Designation of TPS for Sudan

    By the authority vested in the Secretary of Homeland Security under 
sections 244 (b)(3)(A) and (b)(3)(C) of the Act, DHS has determined, 
after consultation with the appropriate Government agencies, that the 
conditions that prompted designation of Sudan for TPS continue to be 
met. Accordingly, DHS orders as follows:
    (1) The designation of Sudan under section 244(b)(1)(C) of the Act 
is extended for an additional 18-month period from November 2, 2005, to 
May 2, 2007. 8 U.S.C. 1254a(b)(3)(C).
    (2) There are approximately 648 nationals of Sudan (or aliens 
having no nationality who last habitually resided in Sudan) who have 
been granted TPS and who are eligible for re-registration.
    (3) To maintain TPS, a national of Sudan (or an alien having no 
nationality who last habitually resided in Sudan) who was granted TPS 
during one of the initial designation periods (or through late initial 
registration) and who re-registered during the subsequent extensions of 
this designation, if any, must re-register for TPS during the 60-day 
re-registration period from September 2, 2005 until November 1, 2005.
    (4) To re-register, the alien must file the following: (1) Form I-
821, Application for Temporary Protected Status, without fee; (2) Form 
I-765, Application for Employment Authorization; and (3) a biometric 
services fee of $70 if the alien is age 14 or older, or if the alien is 
under age 14 and requesting an EAD. Applications submitted without the 
required fees will be returned to the applicant. If the alien requests 
an EAD, he or she must submit $175 or a properly documented fee waiver 
request, pursuant to 8 CFR 244.20, with Form I-765. An alien who does 
not request employment authorization must still file Form I-765 along 
with Form I-821, but he or she is not required to submit the fee or a 
fee waiver request for filing Form I-765. Failure to re-register 
without good cause will result in the withdrawal of TPS. 8 U.S.C. 
1254a(c)(3)(C). Aliens who have previously registered for TPS but whose 
applications remain pending should follow these instructions to renew 
temporary treatment benefits. Some persons who had not previously 
applied for TPS may be eligible for late initial registration under 8 
CFR 244.2.
    (5) At least 60 days before this extension ends on May 2, 2007, the 
Secretary of Homeland Security, after consultation with appropriate 
agencies of the Government, will review the designation of Sudan for 
TPS and determine whether the conditions for designation continue to be 
met. 8 U.S.C. 1254a(b)(3)(A). Notice of that determination, including 
the basis for the determination, will be published in the Federal 
Register. Id.
    (6) Information concerning the extension of designation of Sudan 
for TPS will be available at local USCIS offices upon publication of 
this Notice and on the USCIS Web site at https://www.uscis.gov.

    Dated: August 22, 2005.
Michael Chertoff,
Secretary.
[FR Doc. 05-17578 Filed 8-31-05; 10:06 am]
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