Extension of the Designation of Sudan for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation for Sudanese TPS Beneficiaries, 63635-63640 [2011-26538]

Agencies

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

[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Notices]
[Pages 63635-63640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26538]


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DEPARTMENT OF HOMELAND SECURITY

Citizenship and Immigration Services

[CIS No. 2512-11; DHS Docket No. USCIS-2011-0013]
RIN 1615-ZB07


Extension of the Designation of Sudan for Temporary Protected 
Status and Automatic Extension of Employment Authorization 
Documentation for Sudanese TPS Beneficiaries

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice.

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SUMMARY: This Notice announces that the Secretary of Homeland Security 
(Secretary) has extended the designation of Sudan for temporary 
protected status (TPS) for 18 months from its current expiration date 
of November 2, 2011 through May 2, 2013. The Secretary has determined 
that an extension is warranted because the conditions in Sudan that 
prompted the TPS designation continue to be met. There continues to be 
a substantial, but temporary, disruption of living conditions in Sudan 
based upon ongoing armed conflict and extraordinary and temporary 
conditions in that country that prevent Sudanese who now have TPS from 
returning in safety.
    This Notice also sets forth procedures necessary for nationals of 
Sudan (or aliens having no nationality who last habitually resided in 
Sudan) with TPS to re-register and to apply for an extension of their 
Employment Authorization Documents (EADs) with U.S. Citizenship and 
Immigration Services (USCIS). Re-registration is limited to persons who 
previously registered for TPS under the designation of Sudan and whose 
applications have been granted or remain pending. Certain nationals of 
Sudan (or aliens having no nationality who last habitually resided in 
Sudan) who have not previously applied for TPS may be eligible to apply 
under the late initial registration provisions.
    USCIS will issue new EADs with a May 2, 2013 expiration date to 
eligible Sudanese 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 all 
re-registrants may not receive new EADs until after their current EADs 
expire on November 2, 2011. Accordingly, this Notice automatically 
extends the validity of EADs issued under the TPS designation of Sudan 
for 6 months, through May 2, 2012, and explains how TPS beneficiaries 
and their employers may determine which EADs are automatically extended 
and how the extension affects employment eligibility verification (Form 
I-9 and E-Verify) processes.
    In a separate Federal Register Notice issued on October 13, 2011, 
the Secretary designated the newly formed Republic of South Sudan for 
TPS. Some individuals who are TPS beneficiaries under the current 
designation of Sudan may now be nationals of South Sudan, calling into 
question their continued eligibility for TPS under the Sudan 
designation. These individuals may, however, now qualify for TPS under 
South Sudan. The South Sudan Notice sets forth regular procedures and 
special procedures necessary for nationals of South Sudan (or aliens 
having no nationality who last habitually resided in the region that is 
now South Sudan) to register and to apply for TPS and EADs with USCIS.

DATES: The 18-month extension of the TPS designation of Sudan is 
effective November 3, 2011, and will remain in effect through May 2, 
2013. The 180-day re-registration period begins October 13, 2011, and 
will remain in effect until April 10, 2012.

FOR FURTHER INFORMATION:
     For further information on TPS, including guidance on the 
application process and additional information on eligibility, please 
visit the TPS Web page at https://www.uscis.gov/tps. You can find 
specific information about this extension and about TPS for Sudan by 
selecting ``TPS Designated Country--Sudan'' from the menu on the left 
of the TPS Web page. From the Sudan page, you can select the Sudan TPS 
Questions & Answers Section from the menu on the right for further 
information. Additionally, information about TPS for South Sudan can be 
found at the USCIS TPS Web page under the subheading ``South Sudan.''
     You can also contact the TPS Operations Program Manager at 
Status and Family 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 1-800-375-5283 (TTY 1-800-767-1833).
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION:

Abbreviations and Terms Used in This Document

CPA--Comprehensive Peace Agreement.
DHS--Department of Homeland Security.
DOS--Department of State.
EAD--Employment Authorization Document.
Government--U.S. Government.
GOS--Government of Sudan.
INA--Immigration and Nationality Act.
JEM--Justice & Equality Movement.
NCP--National Congress Party.
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices.
Secretary--Secretary of Homeland Security.
South Sudan--Republic of South Sudan.
SPLM--Sudan People's Liberation Movement.
SPLM/A--Sudan People's Liberation Movement/Army.
TPS--Temporary Protected Status.
USAID--U.S. Agency for International Development.
USCIS--U.S. Citizenship and Immigration Services.

[[Page 63636]]

What is temporary protected status (TPS)?

     TPS is an immigration status granted to eligible nationals 
of a country designated for TPS under the Act (or to 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 and may obtain work 
authorization, so long as they continue to meet the requirements of 
TPS.
     The granting of TPS does not lead to permanent resident 
status.
     When the Secretary of Homeland Security (Secretary) 
terminates a country's TPS designation, beneficiaries return to the 
same immigration status they maintained before TPS (unless that status 
has since expired or been terminated) or to any other lawfully obtained 
immigration status they received while registered for TPS.

When was Sudan designated for TPS?

    On November 4, 1997, the Attorney General designated Sudan for TPS 
based on an ongoing armed conflict and extraordinary and temporary 
conditions within that country. See 62 FR 59737; section 
244(a)(b)(1)(A), (C) of the Immigration and Nationality Act (INA), 8 
U.S.C. 1254a(b)(1)(A), (C). Following the initial designation of Sudan 
for TPS in 1997, the Attorney General and, later, the Secretary have 
extended TPS and/or redesignated Sudan for TPS a total of 12 times, 
including this extension. See 74 FR 69355 (Dec. 31, 2009) (describing 
the complete history of Sudan TPS extensions and redesignations). In 
the 2004 redesignation of Sudan, the Secretary established October 7, 
2004, as the date by which TPS Sudan applicants must demonstrate that 
they have been continuously residing and continuously physically 
present in the United States. 69 FR 60168 (Oct. 7, 2004). The last 
extension of TPS for Sudan was announced on December 31, 2009, based on 
the Secretary's determination that the conditions warranting the 
designation continued to be met. There has been no change to the 
October 7, 2004 ``continuous residence'' and ``continuous physical 
presence'' date requirements since 2004.

What authority does the Secretary of Homeland Security have to extend 
the designation of Sudan for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate Government agencies, to 
designate a foreign state (or part thereof) for TPS.\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 sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002 (HSA), 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 the Department of Homeland Security ``shall 
be deemed to refer to the Secretary'' of Homeland Security. See 6 
U.S.C. 557 (codifying HSA, tit. XV, sec. 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, 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 sec. 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 is extended for an additional 6 months (or in the 
Secretary's discretion for 12 or 18 months). See INA sec. 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 sec. 244(b)(3)(B) of the Act, 8 
U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Sudan through 
May 2, 2013?

    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 and after consulting with DOS, the 
Secretary has determined that an 18-month extension is warranted 
because the armed conflict is ongoing, although there have been a few 
improvements, and the extraordinary and temporary conditions that 
prompted the October 7, 2004 redesignation persist.
    Sudan's 22-year civil war formally ended in 2005 with the signing 
of the Comprehensive Peace Agreement (CPA) between the north's 
Government of Sudan in Khartoum and its ruling National Congress Party 
(NCP) and the south's Sudan People's Liberation Movement/Army (SPLM/A). 
Sudan accomplished two key requirements of the CPA by holding national 
and local elections in April 2010 and holding the referendum on 
independence for South Sudan in January 2011. Following referendum 
results indicating approximately 98 percent of registered South 
Sudanese voted for secession, the new nation of South Sudan was 
officially created on July 9, 2011.
    While the formal armed conflict between the north and south has 
ended, the violence in Sudan and South Sudan continues. The challenges 
of partitioning the country have created new conflicts and complicated 
existing disputes between the north and south. Additionally, several 
groups, including numerous nonaligned Sudanese militias, threaten the 
long-term security of the region.
    In spite of milestone accomplishments under the CPA, serious 
impediments to the peace process remain and the civilian population 
continues to suffer harm related to ongoing conflict in various parts 
of Sudan. Contentious issues between Sudan and South Sudan remain to be 
negotiated, including demarcation of the border, the citizenship status 
of displaced persons, and the sharing of vital natural resources, such 
as Nile River water and oil reserves in South Sudan. The failure to 
formally demobilize the 180,000 soldiers from both Sudan and South 
Sudan as required by the CPA is of further concern. As of early 2011, 
only about 400 soldiers across the entire country have completed the 
demobilization process.
    In Darfur, fighting between government and rebel forces continues 
and has caused the widespread displacement of civilians. The CPA does 
not cover the Darfur region of western Sudan. Despite numerous attempts 
to negotiate peace between government forces and the various 
amalgamations of militia groups, conflict in Darfur is ongoing. In 
2003, two rebel groups, the SPLM and the Justice and Equality Movement 
(JEM), led an insurrection against the Government of Sudan (GOS). In 
response, the GOS reportedly armed local rival tribes and militia known 
collectively as the ``Janjaweed.'' According to U.S. Government 
reports, attacks on the civilian population by the Janjaweed, often 
with the direct support of the GOS, have led to the deaths of hundreds 
of thousands of people in Darfur. The UN estimated in 2006 that 200,000 
persons had died as a result of the conflict and that by 2008 an 
additional 100,000 may have died. An estimated 1.9 million civilians 
have been internally displaced, and approximately 280,000 refugees have 
fled to neighboring Chad. Fighting in Darfur includes armed clashes 
between government and rebel forces, among rebel factions, and between 
armed

[[Page 63637]]

ethnic Arab groups. In the first half of 2010, armed clashes resulted 
in the highest number of deaths in the Darfur conflict since 2008, with 
armed clashes occurring in all three Darfur states. In more than seven 
years of the Darfur conflict, a series of periodic ceasefires between 
the GOS and various rebel groups have all subsequently quickly fallen 
apart. Despite formal international efforts to negotiate peace within 
the region, the peace process has floundered. In 2009 through early 
2011, fighting between the GOS and various rebel groups escalated.
    The transitional areas of Abyei, Blue Nile and Southern Kordorfan, 
located along the contentious north-south border, continue to be 
flashpoints for positional violence. Clashes that began on June 6 in 
Southern Kordofan State between the Sudanese Armed Forces (SAF) and 
forces loyal to the Sudan People's Liberation Army (SPLA) displaced up 
to 73,000 people, according to unconfirmed estimates. Violations of 
human rights and international humanitarian law have been reported in 
the state, and humanitarian access is limited. There is potential for 
violence also to flare in Blue Nile. On May 21, the Sudan Armed Forces 
took over the Abyei Area, a disputed territory in the middle of what 
was then Sudan, displacing an estimated 100,000 people.
    While the northern and eastern parts of Sudan have not recently 
experienced the same level of violence that has plagued Darfur, the 
disputed Abyei region, South Kordofan, and Southern Sudan, human rights 
abuses continue throughout the country. For example, numerous persons 
were detained following demonstrations in January 2011.
    In eastern Sudan, the political and security situation remained 
relatively calm, due, in part, to the Eastern Sudan Peace Agreement 
between GOS and rebels from the Eastern Front. A number of issues have 
not been fully addressed, however, including growing poverty, economic 
marginalization, security vulnerabilities, as well as the Eastern Front 
splitting into three groups.
    A myriad of factors contribute to the ongoing humanitarian crisis 
in Sudan. Sporadic eruptions of political and intercommunal violence 
caused civilian deaths, continued displacement of the population, and 
general instability. Natural disasters have compounded the harm 
suffered by the population in some regions. Drought and flooding 
continue to increase food insecurity and concerns of malnutrition. 
Delivery of humanitarian aid continues to be threatened by attacks 
against aid workers and GOS restrictions on the operations of 
humanitarian organizations.
    Sudan is the largest humanitarian aid recipient in the world, with 
the international community providing approximately $1.3 billion in 
humanitarian assistance in 2009. Reports from the U.S. Agency for 
International Development (USAID) and the World Food Programme indicate 
that in addition to coping with the effects of conflict and 
displacement, the country continues to struggle with perennial 
environmental shocks, such as flooding and droughts, which further 
compound the country's vulnerabilities and have led to food shortages 
and budget constraints. U.S. Government reports indicate that food 
insecurity in Darfur is considered an emergency concern. In eastern 
Sudan, chronic poverty and development needs persist throughout the 
region, which has experienced slow recovery following decades of 
conflict.
    While certain provisions of the 2005 CPA have generally been 
upheld, many contentious issues remain unresolved and present potential 
for conflict. The transitional areas along the Sudan-South Sudan border 
remain flashpoints for potential violence. Violence and ensuing 
population displacement, compounded by environmental and economic 
factors, have created one of the worst humanitarian crises in the 
world. Despite encouraging incidents of progress toward peace, Sudan's 
overall internal security and political stability remain fragile and 
unpredictable.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds that:
     The conditions that prompted the October 7, 2004 
redesignation of Sudan for TPS continue to be met. See INA sec. 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A).
     There continues to be an ongoing armed conflict and 
extraordinary and temporary conditions in Sudan that prevent Sudanese 
nationals from returning to Sudan in safety. See INA sec. 244(b)(1)(A), 
(C), 8 U.S.C. 1254a(b)(1)(A), (C).
     It is not contrary to the national interest of the United 
States to permit Sudanese (and persons who have no nationality who last 
habitually resided in Sudan) who meet the eligibility requirements of 
TPS to remain in the United States temporarily. See INA sec. 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
     The designation of Sudan for TPS should be extended for an 
additional 18-month period. See INA sec. 244(b)(3)(C), 8 U.S.C. 
1254a(b)(3)(C).
     There are approximately 340 individuals who currently have 
TPS under the designation of Sudan. DHS estimates that the combined 
total of Sudanese and South Sudanese who will be eligible for TPS under 
the South Sudan designation and the extension of TPS for Sudan is 
approximately 340. DHS recognizes that the actual number of re-
registering Sudan TPS applicants may be lower than 340, because some of 
those 340 individuals may apply and qualify for registration under the 
new South Sudan TPS designation.

Notice of Extension of the TPS Designation of Sudan

    By the authority vested in me as Secretary of Homeland Security 
under section 244 of the INA, 8 U.S.C. 1254a, I have determined, after 
consultation with the appropriate Government agencies, that the 
conditions that prompted the redesignation of Sudan for temporary 
protected status (TPS) on October 7, 2004 continue to be met. See INA 
sec. 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the basis of 
this determination, I am extending the TPS designation of Sudan for 18 
months from its current expiration on November 2, 2011 through May 2, 
2013.

Janet Napolitano,
Secretary.

Required Application Forms and Application Fees To Register or Re-
Register for TPS

To Register or Re-Register for TPS for Sudan, an Applicant Must Submit

    1. Application for Temporary Protected Status, Form I-821,
     You only need to pay the Form I-821 application fee if you 
are filing an application for late initial registration. See 8 CFR 
244.2(f)(2) and information on late initial filing on the USCIS Web 
site at https://www.uscis.gov under ``Temporary Protected Status for 
Sudan.''
     You do not need to pay the Form I-821 fee for a re-
registration;
    and
    2. Application for Employment Authorization, Form I-765.
     If you are applying for re-registration, you must pay the 
Form I-765 application fee only if you want an Employment Authorization 
Document (EAD).
     If you are applying for late initial registration and want 
an EAD, you must pay the Form I-765 fee only if you are age 14 through 
65. No EAD fee is required if you are under the age of 14 or over the 
age of 65 and applying for late initial registration.

[[Page 63638]]

     You do not pay the Form I-765 fee if you are not 
requesting an EAD.
    You must submit both completed application forms together. If you 
are unable to pay, you may apply for application and/or biometrics fee 
waivers by completing a Request for Fee Waiver (Form I-912) or 
submitting a personal letter requesting a fee waiver, and 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 and click on ``Temporary Protected Status 
for Sudan.'' Fees for Form I-821, Form I-765, and biometric services 
are also described in 8 CFR 103.7(b).

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. As previously stated, if you are unable to pay, you may 
apply for a biometrics fee waiver by completing a Form I-912, or 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 After Receiving a Denial of a Fee Waiver Request

    USCIS urges all re-registering applicants to file as soon as 
possible within the 180-day re-registration period so that USCIS can 
promptly process the applications and issue EADs. Filing early will 
also allow those applicants who may receive denials of their fee waiver 
requests to have time to pay the appropriate fees and refile 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 refile with the appropriate fees by the re-registration 
deadline, the applicant may still refile his or her applications. This 
situation will constitute good cause for late re-registration. See 8 
CFR 244.17. However, applicants are urged to refile within 45 days of 
the date on their USCIS fee waiver denial notice if at all possible. 
For more information on good cause for late re-registration, please 
look at the Questions & Answers for Sudan TPS found on the USCIS TPS 
Web page for Sudan.

Mailing Information

    Mail your application for TPS to the proper address in Table 1:

                        Table 1-Mailing Addresses
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                   If                                Mail to
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You are applying for re-registration     USCIS, P.O. Box 8677, Chicago,
 through the U.S. Postal Service.         IL 60680-8677.
You are applying for the first time as   USCIS, P.O. Box 8677, Chicago,
 a late initial registrant through the    IL 60680-8677.
 U.S. Postal Service.
You are using a Non-U.S. Postal Service  USCIS, Attn: TPS Sudan, 131 S.
 delivery service for either re-          Dearborn 3rd Floor, Chicago,
 registration or first-time late          IL 60603-5517.
 initial registration.
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E-Filing

    You cannot electronically file your application when re-registering 
or applying for late initial registration for Sudan TPS. Please mail 
your application to the mailing address listed in Table 1 above.

Employment Authorization Document (EAD)

May I request an interim EAD at my local USCIS office?

    No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.

Am I eligible to receive an automatic 6-month extension of my current 
EAD from November 2, 2011 through May 2, 2012?

    You will receive an automatic 6-month extension of your EAD if you:
     Are a national of Sudan, an alien having no nationality 
who last habitually resided in Sudan, or a new national of South Sudan 
who received an EAD under the last extension of TPS for Sudan;
     Received an EAD under the last extension of TPS for Sudan; 
and
     Have not had TPS withdrawn or denied.
    This automatic extension is limited to EADs with an expiration date 
of November 2, 2011. These EADs must also bear the notation ``A-12'' or 
``C-19'' on the face of the card under ``Category.''

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 page 5 of the 
Employment Eligibility Verification, Form I-9. Employers are required 
to verify the identity and employment authorization of all new 
employees by using Form I-9. Within three 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). An EAD is an acceptable document 
under ``List A.''
    If you received a 6-month automatic extension of your EAD by virtue 
of this Federal Register notice, you may choose to present your 
automatically extended EAD, as described above, to your employer as 
proof of identity and employment authorization for Form I-9 through May 
2, 2012 (see the subsection below titled ``How do my employer and I 
complete Form I-9 (i.e., verification) using an automatically extended 
EAD for a new job?'' for further information). To minimize confusion 
over this extension at the time of hire, you may also show a copy of 
this Federal Register notice regarding the automatic extension of 
employment authorization through May 2, 2012 to your employer. As an 
alternative to presenting your automatically extended EAD, you may 
choose to present any other acceptable document from List A, or List B 
plus List C.

What documentation may I show my employer if I am already employed but 
my current TPS-related EAD is set to expire?

    You must present any document from List A or any document from List 
C on Form I-9 to reverify employment authorization. Employers are 
required to reverify on Form I-9 the employment authorization of 
current employees upon the expiration of a TPS-related EAD.
    If you received a 6-month automatic extension of your EAD by virtue 
of this Federal Register notice, your employer does not need to 
reverify until after May

[[Page 63639]]

2, 2012. However, you and your employer do need to make corrections to 
the employment authorization expiration dates in Section 1 and Section 
2 of the Form I-9 (see the subsection below titled ``What corrections 
should my employer at my current job and I make to 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 avoid confusion about whether or not your expired TPS-
related document is acceptable. After May 2, 2012, when the automatic 
extension expires, your employer must reverify your employment 
authorization. You may show any document from List A or List C on Form 
I-9 to satisfy this reverification requirement.

What happens after May 2, 2012 for purposes of employment 
authorization?

    After May 2, 2012, employers may not accept the EADs that were 
automatically extended by this Federal Register notice. However, USCIS 
will issue new EADs to TPS re-registrants. These EADs will have an 
expiration date of May 2, 2013 and can be presented to your employer as 
proof of employment authorization and identity. The EAD will bear the 
notation ``A-12'' or ``C-19'' on the face of the card under 
``Category.'' Alternatively, you may choose to present any other 
legally acceptable document or combination of documents listed on the 
Form I-9 to prove identity and employment authorization.

How do my employer and I complete Form I-9 (i.e., Verification) using 
an automatically extended EAD for a new job?

    When using an automatically extended EAD to fill out Form I-9 for a 
new job prior to May 2, 2012, you and your employer should do the 
following:
    (1) For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Write your alien number (A-number) in the first space (your EAD 
or other document from DHS will have your A-number printed on it); and
    c. Write the automatic extension date in the second space.
    (2) For Section 2, employers should:
    a. Record the document title;
    b. Record the document number; and
    c. Record the automatically extended EAD expiration date.
    After May 2, 2012, employers must reverify the employee's 
employment authorization in Section 3 of Form I-9.

What corrections should my employer at my current job and I make to 
Form I-9 if my EAD has been automatically extended?

    If you are an existing employee who presented a TPS EAD that was 
valid when you first started your job, but that EAD has now been 
automatically extended, you and your employer should correct your 
previously completed Form I-9 as follows:
    (1) For Section 1, you should:
    a. Draw a line through the expiration date in the second space;
    b. Write ``May 2, 2012'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 1; and
    a. 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;
    b. Write ``May 2, 2012'' 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.
    After May 2, 2012, when the automatic extension of EADs expires, 
employers must reverify 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 Expiring'' alert for an automatically 
extended EAD?

    If you are an employer who participates in E-Verify, you will 
receive a ``Work Authorization Documents Expiring'' case alert when a 
TPS beneficiary's EAD is about to expire. Usually, this message is an 
alert to complete Section 3 of Form I-9 to reverify an employee's 
employment authorization. For existing employees with TPS EADs that 
have been automatically extended, employers should disregard the E-
Verify case alert and follow the instructions above explaining how to 
correct Form I-9. After May 2, 2012, employment authorization needs to 
be reverified in Section 3. You should never use E-Verify for 
reverification.

Can my employer require that I produce any other documentation to prove 
my status, such as proof of my Sudanese or South Sudanese Citizenship?

    No. When completing the Form I-9, employers must accept any 
documentation that appears on the lists of acceptable documentation, 
and that reasonably appears to be genuine and that relates to you. 
Employers may not request documentation that does not appear on the 
Form I-9. Therefore, employers may not request proof of Sudanese or 
South Sudanese citizenship when completing Form I-9. If presented with 
EADs that have been automatically extended pursuant to this Federal 
Register notice or EADs that are unexpired on their face, 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. See 
below for important information about your rights if your employer 
rejects lawful documentation, requires additional documentation, or 
otherwise discriminates against you because of your citizenship or 
immigration status, or national origin.

Note to All Employers

    Employers are reminded that the laws requiring 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 questions, employers may call the USCIS Customer 
Assistance Office at 1-800-357-2099. The USCIS Customer Assistance 
Office accepts calls in English and Spanish only. Employers may also 
call the Department of Justice (DOJ) Office of Special Counsel for 
Immigration-Related Unfair Employment Practices (OSC) Employer Hotline 
at 1-800-255-8155.

Note to Employees

    Employees or applicants may call the DOJ OSC Worker Information 
Hotline at 1-800-255-7688 for information regarding employment 
discrimination based upon citizenship or immigration status, or 
national origin, unfair documentary practices related to the Form I-9, 
or discriminatory practices related to E-Verify. Employers must accept 
any document or combination of documents acceptable for Form I-9 
completion if the documentation reasonably appears to be genuine and to 
relate to the employee. Employers may not require extra or additional 
documentation beyond what is required for Form I-9 completion. Further, 
employees who receive an initial mismatch via E-Verify must be given an 
opportunity to challenge the mismatch, and employers are prohibited 
from taking adverse action against such employees based on the initial 
mismatch unless and until E-Verify returns a final nonconfirmation. The

[[Page 63640]]

Hotline accepts calls in multiple languages. Additional information is 
available on the OSC Web site at https://www.justice.gov/crt/osc/.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    State and local government agencies are permitted to create their 
own guidelines when granting certain benefits, such as a driver's 
license or an identification card. Each state may have different laws, 
requirements, and determinations about what documents you need to 
provide to prove eligibility for certain benefits. If you are applying 
for a state or local government benefit, you may need to provide the 
state or local government agency with documents that show you are a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples are:
    (1) Your expired EAD that has been automatically extended, or your 
EAD that has a valid expiration date;
    (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, Form 
I-821 Receipt Notice (Form I-797) for this re-registration;
    (4) A copy of your past or current Form I-821 Approval Notice (Form 
I-797), if you receive one from USCIS; and
    (5) If there is an automatic extension of work authorization, a 
copy of the fact sheet from the USCIS TPS Web site that provides 
information on the automatic extension.
    Check with the state or local agency regarding which document(s) 
the agency will accept.
    Some benefit-granting agencies use the USCIS Systematic Alien 
Verification for Entitlements Program (SAVE) to verify the current 
immigration status of applicants for public benefits. If such an agency 
has denied your application based solely or in part on a SAVE response 
following completion of all required SAVE verification steps, the 
agency must offer you the opportunity to appeal the decision in 
accordance with the agency's procedures. If the agency has completed 
all SAVE verification and you do not believe the response is correct, 
you may make an Info Pass 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 can be found at the 
SAVE Web site at https://www.uscis.gov/save, then by choosing ``How to 
Correct Your Records'' from the menu on the right.

[FR Doc. 2011-26538 Filed 10-12-11; 8:45 am]
BILLING CODE 9111-97-P