Extension of the Designation of Somalia for Temporary Protected Status, 65690-65695 [2013-25969]
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the Office of Government Ethics
(https://www.oge.gov). Please do not
submit this form with your application.
Qualified applicants will be considered
for one or more of the following
membership categories:
a. One member of a recognized
professional surveying association or
organization (SGE appointment);
b. One member of a recognized
professional mapping association or
organization (SGE appointment);
c. One member of a recognized
professional engineering association or
organization (SGE appointment);
d. One member of a recognized
professional association or organization
representing flood hazard determination
firms (SGE appointment);
e. One representative of the United
States Geological Survey;
f. One representative of a recognized
professional association or organization
representing State geographic
information;
g. One representative of State national
flood insurance coordination offices;
h. One representative of the Corps of
Engineers;
i. One member of a recognized
regional flood and storm water
management organization (SGE
appointment);
j. Two representatives of different
State government agencies that have
entered into cooperating technical
partnerships with the Administrator and
have demonstrated the capability to
produce FIRMs;
k. Two representatives of different
local government agencies that have
entered into cooperating technical
partnerships with the Administrator and
have demonstrated the capability to
produce FIRMs;
l. One member of a recognized
floodplain management association or
organization (SGE appointment);
m. One member of a recognized risk
management association or organization
(SGE appointment); and
n. One State mitigation officer (SGE
appointment).
Members of the TMAC will serve
terms of office of two years. However,
up to half (eight) of those initially
appointed to the TMAC may serve oneyear terms to allow for staggered
turnover. There is no application form.
However, applications must include the
following information: The applicant’s
full name, home and business phone
numbers, preferred email address, home
and business mailing addresses, current
position title & organization, resume or
curriculum vitae, and the membership
category of interest (e.g., State
mitigation officer). Contact information
is provided in the FOR FURTHER
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section of this
notice.
The TMAC will meet not less than
twice a year. Members may be
reimbursed for travel and per diem, and
all travel for TMAC business must be
approved in advance by the Designated
Federal Officer. The Department of
Homeland Security (DHS) does not
discriminate in employment on the
basis of race, color, religion, sex,
national origin, political affiliation,
sexual orientation, gender identity,
marital status, disability and genetic
information, age, membership in an
employee organization, or other nonmerit factor. DHS strives to achieve a
widely diverse candidate pool for all of
its recruitment actions. Registered
lobbyists and current FEMA employees,
Disaster Assistance Employees,
reservists, contractors, and potential
contractors will not be considered for
membership.
INFORMATION CONTACT
Dated: October 23, 2013.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2013–26019 Filed 10–31–13; 8:45 am]
BILLING CODE 9110–12–P
Federal Emergency Management
Agency, 8NE, 500 C Street SW.,
Washington, DC 20472.
FOR FURTHER INFORMATION CONTACT:
William Roche, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, 202–646–3834.
SUPPLEMENTARY INFORMATION: The
purpose of this policy is to provide
guidance on eligible and ineligible work
related to trees, shrubs, and other
plantings, including limited eligibility
for replacement of grass and sod
associated with facilities eligible for
repair and restoration. This policy
applies to any measure taken with
respect to trees, shrubs, and other
plantings, including but not limited to
replacement, non-emergency removal
for the purposes of replacement, and
remedial actions taken to abate disaster
damage. It does not affect eligible debris
removal and emergency protective
measures that may be taken under
Sections 403 and 407 of the Stafford
Act, as amended.
FEMA received one comment on the
proposed policy; it did not make any
changes to the final policy.
This final policy does not have the
force or effect of law.
Authority: 42 U.S.C. 5121–5207.
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2012–0025]
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
This document provides
notice of the availability of the final
policy Trees and Plantings Associated
with Eligible Facilities. The Federal
Emergency Management Agency
(FEMA) published a notice of
availability and request for comment for
the proposed policy on August 6, 2012,
at 77 FR 46767.
DATES: This policy is effective
September 4, 2013.
ADDRESSES: This final policy is available
online at https://www.regulations.gov
and on FEMA’s Web site at https://
www.fema.gov. The proposed and final
policy, all related Federal Register
Notices, and all public comments
received during the comment period are
available at https://www.regulations.gov
under docket ID FEMA–2012–0025. You
may also view a hard copy of the final
policy at the Office of Chief Counsel,
PO 00000
[FR Doc. 2013–26017 Filed 10–31–13; 8:45 am]
BILLING CODE 9111–23–P
Trees and Plantings Associated With
Eligible Facilities, RP9524.5
SUMMARY:
David J. Kaufman,
Director, Office of Policy and Program
Analysis, Federal Emergency Management
Agency.
[CIS No. 2538–13; DHS Docket No. USCIS–
2013–0006]
RIN 1615–ZB24
Extension of the Designation of
Somalia 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 Somalia for
Temporary Protected Status (TPS) for 18
months from March 18, 2014 through
September 17, 2015.
The extension allows currently
eligible TPS beneficiaries to retain TPS
SUMMARY:
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through September 17, 2015, so long as
they otherwise continue to meet the
eligibility requirements for TPS. The
Secretary has determined that an
extension is warranted because the
conditions in Somalia that prompted the
TPS designation continue to be met.
There continues to be a substantial, but
temporary, disruption of living
conditions in Somalia based upon
ongoing armed conflict and
extraordinary and temporary conditions
in that country that prevent Somalis
who have TPS from safely returning.
Through this Notice, DHS also sets
forth procedures necessary for nationals
of Somalia (or aliens having no
nationality who last habitually resided
in Somalia) to re-register for TPS and to
apply for renewal of their Employment
Authorization Documents (EADs) with
U.S. Citizenship and Immigration
Services (USCIS). Re-registration is
limited to persons who have previously
registered for TPS under the designation
of Somalia and whose applications have
been granted. Certain nationals of
Somalia (or aliens having no nationality
who last habitually resided in Somalia)
who have not previously applied for
TPS may be eligible to apply under the
late initial registration provisions, if
they meet: (1) At least one of the late
initial filing criteria and (2) all TPS
eligibility criteria (including continuous
residence in the United States since
May 1, 2012, and continuous physical
presence in the United States since
September 18, 2012).
For individuals who have already
been granted TPS under the Somalia
designation, the 60-day re-registration
period runs from October 31, 2013
through December 30, 2013. USCIS will
issue new EADs with a September 17,
2015 expiration date to eligible Somali
TPS beneficiaries who timely re-register
and apply for EADs under this
extension.
The 18-month extension of the
TPS designation of Somalia is effective
March 18, 2014, and will remain in
effect through September 17, 2015. The
60-day re-registration period runs from
October 31, 2013 through December 30,
2013.
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 of Somalia for TPS
by selecting ‘‘TPS Designated Country:
Somalia’’ from the menu on the left of
the TPS Web page.
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• You can also contact the TPS
Operations Program Manager at the
Family and Status 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 inquires.
• 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).
Service is available in English and
Spanish.
• Further information will also be
available at local USCIS offices upon
publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
AMISOM—African Union Mission in
Somalia
BIA—Board of Immigration Appeals
DHS—Department of Homeland Security
DOS—Department of State
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
GOS—Government of Somalia
Government—U.S. Government
IDP—Internally Displaced Person
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
TFG—Transitional Federal Government
TNC—Tentative Nonconfirmation
TPS—Temporary Protected Status
TTY—Text Telephone
UN—United Nations
USCIS—U.S. Citizenship and Immigration
Services
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 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.
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• TPS beneficiaries may also be
granted travel authorization as a matter
of discretion.
• The granting of TPS does not lead
to permanent resident status.
• When the Secretary terminates a
country’s TPS designation, beneficiaries
return to the same immigration status
they maintained before TPS, if any
(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 Somalia designated for TPS?
On September 16, 1991, the Attorney
General designated Somalia for TPS
based on extraordinary and temporary
conditions resulting from armed
conflict. See 56 FR 46804 (Sept. 16,
1991). The initial designation was
extended nine times based on
determinations that the conditions
warranting the designation continued to
be met. On September 4, 2001, the
Attorney General both extended
Somalia’s TPS designation for a tenth
time and redesignated Somalia for TPS.
See 66 FR 46288 (Sept. 4, 2001). Under
the 2001 redesignation, the Attorney
General revised the date from which
applicants had to show they had been
‘‘continuously residing’’ in and
‘‘continuously physically present’’ in
the United States to September 4, 2001.
Somalia’s TPS designation was
subsequently extended nine additional
times, including on May 1, 2012, when
the Secretary both extended and
redesignated Somalia for TPS. Under
the 2012 redesignation, the Secretary
revised the ‘‘continuous residence’’ date
to May 1, 2012 and the ‘‘continuous
physical presence’’ date to September
18, 2012. See 77 FR 25723 (May 1,
2012). This announcement is the first
extension of TPS for Somalia since the
2012 extension and redesignation.
What authority does the Secretary of
Homeland Security have to extend the
designation of Somalia 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
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 DHS ‘‘shall be deemed to
refer to the Secretary’’ of Homeland Security. See
6 U.S.C. 557 (codifying HSA, tit. XV, section 1517).
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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 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 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 is
extended for an additional 6 months (or
in the Secretary’s discretion for 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).
Why is the Secretary extending the TPS
designation for Somalia through
September 17, 2015?
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in
Somalia. Based on this review and after
consulting with DOS, the Secretary has
determined that an 18-month extension
is warranted because the conditions that
led to the 2012 redesignation of Somalia
for TPS—(1) ongoing armed conflict and
(2) extraordinary and temporary
conditions that prevent Somali
nationals from returning to Somalia in
safety—continue to exist.
Somalia ended its 8-year transitional
period of governance in September 2012
with the formation of a new and more
representative federal parliament and
that parliament’s indirect election of
Hassan Sheikh Mohamud as President.
The Somaliland and Puntland regions,
in the north of Somalia, are relatively
stable, and the administrations of each
are able to provide some degree of social
services, including minimal law
enforcement. President Hassan Sheikh’s
Government of Somalia (GOS) has
prioritized security and peace among its
‘‘Six Pillar Policy’’ framework of the
new administration. Though the country
is now transitioning to more permanent
governing institutions, the GOS still
retains little control of the territory and
has little capacity to govern beyond
Mogadishu. No effective political parties
yet exist. Two decades of conflict in
Somalia and the country’s most severe
drought in 60 years have led to what has
been referred to as the worst
humanitarian crisis in the world. A
sustained military campaign against al-
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Shabaab throughout 2012 resulted in
large numbers of civilian deaths and
displacement. During the same period,
targeted attacks by al-Shabaab, using
suicide bombers and improvised
explosive devices, resulted in
significant civilian causalities. AlShabaab still controls large rural areas
in southern Somalia and as far north as
Puntland, and denies both the Somali
government and humanitarian
organizations access to people in those
areas. Although it no longer maintains
an open presence in the capital, Al
Shabaab has continued to carry out
coordinated asymmetric attacks in
Mogadishu in 2013.
A severe drought and famine that
lasted from July 2011 to February 2012
is estimated to have resulted in
approximately 258,000 deaths. About
half, or some 133,000 of the Somalis
who perished, were children under 5
years of age, according to the United
Nations (UN) Food and Agricultural
Organization. Recovery from the famine
has been slow. Internal displacement
remained a major problem during 2012
as hundreds of thousands of people
continued to be displaced by fighting,
insecurity, and malnutrition. Estimates
of internally displaced persons at the
end of 2012 were as high as 1.36
million. Displacement resulted from
conflict as fighting escalated in
Mogadishu, Kismayo and the Afgoye
corridor at various points in 2012. An
October 2012 flood in BeletweynHiiraan in central Somalia affected
60,000 and resulted in 39,000 people
receiving shelter and survival aid from
the International Committee of the Red
Cross. During the first quarter of 2013 an
additional 14,000 individuals were
displaced. As of May 2013, in
Mogadishu alone there were 369,000
IDPs.
Humanitarian access and assistance
remains restricted inside parts of
Somalia due to ongoing conflict, alShabaab prohibitions on international
aid organizations, insecurity, and
diversion of aid. Somalia’s displaced
population has been victim to theft,
extortion, and the threat of forced
evictions by abusive groups controlling
IDP sites. These threats combined with
lack of infrastructure and logistical
challenges have caused difficulties in
protecting vulnerable IDP populations.
During 2012, nine humanitarian
personnel were killed, one was
wounded, and four were kidnapped.
Access to aid gradually improved
during 2012, in limited urban areas, but
the country presents a challenging
operating environment as deliberate
obstruction by groups continues to
restrict access to humanitarian
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assistance and create high risks for aid
workers.
Transitional Federal Government
(TFG) forces and the African Union
Mission in Somalia (AMISOM) military
launched successful offensives against
al-Shabaab in 2011. By August 2011,
AMISOM and TFG forces had expelled
al-Shabaab from the capital city of
Mogadishu. Kenyan forces took control
of the major port city, Kismayo, from alShabaab in September 2012. A
sustained military campaign against alShabaab throughout 2012 resulted in
large numbers of civilian deaths and
displacement. Targeted attacks by alShabaab using suicide bombers and
improvised explosive devices resulted
in significant civilian causalities.
Reliable estimates of nationwide
civilian causalities are not currently
available. Between January and late
September 2012, four hospitals in
Mogadishu treated 5,219 casualties,
with 118 dying from weapon-related
injuries.
Somalis who have sought to move to
the relatively more secure regions of
Puntland and Somaliland have in some
cases been expelled or prosecuted, as
they are viewed as outsiders. In alShabaab controlled territory, they are at
risk of running afoul of al-Shabaab
imposed edicts on behavior or of
conscription of minors into al-Shabaab
forces. Despite initial security sector
improvements and restructuring, the
GOS currently does not have the
capability to provide improved rule of
law for Somali citizens.
Additionally, Somalis have fled to
neighboring countries in an attempt to
find refuge. In July 2012, the Office of
the UN High Commissioner for Refugees
announced that the population exodus
from Somalia had exceeded one million,
with refugees having fled mainly to
Kenya (with approximately 535,000
registered Somali refugees at the end of
July 2012), Yemen, and Ethiopia. As of
January 2013, there were approximately
1.1 million refugees outside of Somalia
and 33,000 asylum seekers worldwide.
One million Somalis, or 14 percent of
the total population, are experiencing
acute food insecurity. The IDPs amount
to 60 percent of the total population
experiencing acute food insecurity. It is
estimated that 2.7 million Somalis are
dependent on humanitarian assistance.
Authorities in the Transitional Federal
Government and Government of
Somalia (TFG/GOS), Somaliland, and
Puntland administrations have provided
some protection and assistance to IDPs,
although the response in TFG/GOS
areas has been largely ineffective as a
consequence of limitations on resources,
capacity, and poor coordination.
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Gender-based violence, including sexual
assault of female IDPs, has remained a
problem. In Mogadishu and surrounding
areas between January and November
2012, almost one-third of the recorded
incidents were against children. Many
cases involved assaults by armed men in
uniform.
In many parts of Somalia, including
Mogadishu, public security is unstable.
The capacity of the GOS to process,
accommodate, and provide assistance to
returnees is extremely limited. It is
unable to assist or monitor the welfare
of IDP or refugee returnees to
communities still controlled by alShabaab. Returnees may be more
vulnerable than the average Somali if
they are unable to reestablish
themselves in their clan structure or
community of origin.
Based upon this review and after
consultation with appropriate
Government agencies, the Secretary
finds that:
• The conditions that prompted the
May 1, 2012 redesignation of Somalia
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 continue to be an ongoing
armed conflict and extraordinary and
temporary conditions in Somalia that
prevent Somali nationals from returning
to Somalia in safety. See INA section
244(b)(1)(A) and (C), 8 U.S.C.
1254a(b)(1)(A) and (C).
• It is not contrary to the national
interest of the United States to permit
Somalis (and persons who have no
nationality who last habitually resided
in Somalia) who meet the eligibility
requirements of TPS to remain in the
United States temporarily. See INA
section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).
• The designation of Somalia for TPS
should be extended for an additional 18month period from March 18, 2014
through September 17, 2015. See INA
section 244(b)(3)(C), 8 U.S.C.
1254a(b)(3)(C).
• There are approximately 400
current Somalia TPS beneficiaries who
are expected to be eligible to re-register
for TPS under the extension.
Notice of Extension of the TPS
Designation of Somalia
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 prompted the
redesignation of Somalia for TPS on
May 1, 2012 continue to be met. See
INA section 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). On the basis of this
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determination, I am extending the
existing TPS designation of Somalia for
18 months from March 18, 2014 through
September 17, 2015. 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).
Rand Beers,
Acting Secretary.
Required Application Forms and
Application Fees To Register or ReRegister for TPS
To register or re-register for TPS for
Somalia, an applicant must submit each
of the following two applications:
1. Application for Temporary
Protected Status (Form I–821).
• If you are filing an application for
late initial registration, 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 late 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. and
2. Application for Employment
Authorization (Form I–765).
• If you are applying for late 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 66 and older and applying
for late initial registration.
• If you are applying for reregistration, you must pay the fee for the
Application for Employment
Authorization (Form I–765) only if you
want an EAD regardless of age.
• You do not pay the fee for the
Application for Employment
Authorization (Form I–765) if you are
not requesting an EAD, regardless of
whether you are applying for late initial
registration or re-registration.
You must submit both completed
application forms together. If you are
unable to pay for the application and/
or biometrics 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
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65693
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. As
previously stated, 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.
Re-Filing a Re-Registration TPS
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: As previously
stated, 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 1.
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Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices
TABLE 1—MAILING ADDRESSES
If . . .
Mail to . . .
You are applying through the U.S. Postal Service ..................................
You are using a non-U.S. Postal Service delivery service ......................
USCIS, Attn: TPS Somalia, P.O. Box 6943, Chicago, IL 60680–6943.
USCIS, Attn: TPS Somalia, 131 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 reregistering for the first time following a
grant of TPS by the IJ or BIA, please
mail your application to the appropriate
address in Table 1. Upon receiving a
Notice of Action (Form I–797) from
USCIS, please send an email to
TPSijgrant.vsc@uscis.dhs.gov with the
receipt number and state that you
submitted a re-registration and/or
request for an EAD based on an IJ/BIA
grant of TPS. You can find detailed
information on what further information
you need to email and the email
addresses on the USCIS TPS Web page
at https://www.uscis.gov/tps.
E-Filing
You cannot electronically file your
application when re-registering or
submitting a late initial registration for
Somalia TPS. Please mail your
application to the mailing address listed
in Table 1.
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 reregistrants at local offices.
emcdonald on DSK67QTVN1PROD with NOTICES
Will my current EAD that is set to expire
on March 17, 2014, be automatically
extended for 6 months?
No. This notice does not
automatically extend previously issued
EADs. DHS has announced the
extension of the TPS designation of
Somalia and established the reregistration period at an early date to
allow sufficient time for USCIS to
process EAD requests prior to the March
17, 2014 expiration date. You must
apply during the 60-day re-registration
period. Failure to file your TPS
application during the re-registration
period without good cause may result in
gaps in work authorization. DHS
strongly encourages you to apply as
early as possible within the reregistration period.
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17:40 Oct 31, 2013
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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). You may present an
acceptable receipt for List A, List B, or
List C documents as described in the
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.
What documentation may I show my
employer if I am already employed but
my current TPS-related EAD is set to
expire?
At the time of expiration, 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 Form I–
9 instructions. Your employer is
required to re-verify on Employment
Eligibility Verification (Form I–9) the
employment authorization of current
employees upon the expiration of a
TPS-related EAD. Your employer should
use either Section 3 of the Employment
Eligibility Verification (Form I–9)
originally completed for the employee
or, if this section has already been
completed or if the version of
Employment Eligibility Verification
(Form I–9) is no longer valid, complete
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
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.
USCIS anticipates that it will be able
to process and issue new EADs for
existing TPS Somalia beneficiaries
before their current EADs expire on
March 17, 2014. However, re-registering
beneficiaries are encouraged to file as
early as possible within the 60-day reregistration period to help ensure that
they receive their EADs promptly.
Can my employer require that I produce
any other documentation to prove my
status, such as proof of my Somali
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) and 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 Somali citizenship 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 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. Refer to the Note to
Employees section 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.
Note to All Employers
Employers are reminded that the laws
requiring proper employment eligibility
verification and prohibiting unfair
immigration-related employment
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Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
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, 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 for the hearing impaired is at 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, Spanish and many
other languages. Employees or
applicants may also call the OSC
Worker Information Hotline at 800–255–
7688 (TTY for the hearing impaired is
at 800–237–2515) for information
regarding employment discrimination
based upon citizenship, immigration
status, or national origin, or for
information regarding 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 described in the 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 the Social Security
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17:40 Oct 31, 2013
Jkt 232001
Administration, DHS, or DOS 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). An employer that
discriminates against an employee in
the E-Verify process based on
citizenship or immigration status, or
based on national origin, may contact
OSC’s Worker Information Hotline at
800–255–7688 (TTY for the hearing
impaired is at 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.
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 are:
(1) Your unexpired EAD;
(2) A copy of your Application for
Temporary Protected Status Notice of
Action (Form I–797) for this reregistration; and/or
(3) A copy of your past or current
Application for Temporary Protected
Status Approval Notice (Form I–797), if
you received one from USCIS.
Check with the government agency
regarding which document(s) the agency
will accept. You may also provide the
agency with a copy of this Federal
Register Notice.
Some benefit-granting agencies use
the USCIS Systematic Alien Verification
for Entitlements Program (SAVE) to
verify the current immigration status of
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Frm 00091
Fmt 4703
Sfmt 4703
65695
applicants for public benefits. If such 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
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 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. 2013–25969 Filed 10–31–13; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5683–C–93]
30-Day Notice of Proposed Information
Collection: Technical Processing
Requirements for Multifamily Project
Mortgage Insurance
Office of the Chief Information
Officer, HUD.
ACTION: Correction, notice.
AGENCY:
On October 25, 2013 at 78 FR
64146 HUD published a 30 day notice
of proposed information collection. This
notice replaces the notice published on
October 25, 2013.
HUD has submitted the proposed
information collection requirement
described below to the Office of
Management and Budget (OMB) for
review, in accordance with the
Paperwork Reduction Act. The purpose
of this notice is to allow for an
additional 30 days of public comment.
DATES: Comments Due Date: December
2, 2013.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806. Email:
OIRA_Submission@omb.eop.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW., Washington, DC 20410; email
Colette Pollard at
E:\FR\FM\01NON1.SGM
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Agencies
[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65690-65695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25969]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2538-13; DHS Docket No. USCIS-2013-0006]
RIN 1615-ZB24
Extension of the Designation of Somalia 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 Somalia for Temporary Protected Status
(TPS) for 18 months from March 18, 2014 through September 17, 2015.
The extension allows currently eligible TPS beneficiaries to retain
TPS
[[Page 65691]]
through September 17, 2015, so long as they otherwise continue to meet
the eligibility requirements for TPS. The Secretary has determined that
an extension is warranted because the conditions in Somalia that
prompted the TPS designation continue to be met. There continues to be
a substantial, but temporary, disruption of living conditions in
Somalia based upon ongoing armed conflict and extraordinary and
temporary conditions in that country that prevent Somalis who have TPS
from safely returning.
Through this Notice, DHS also sets forth procedures necessary for
nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia) to re-register for TPS and to apply for
renewal of their Employment Authorization Documents (EADs) with U.S.
Citizenship and Immigration Services (USCIS). Re-registration is
limited to persons who have previously registered for TPS under the
designation of Somalia and whose applications have been granted.
Certain nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia) who have not previously applied for TPS
may be eligible to apply under the late initial registration
provisions, if they meet: (1) At least one of the late initial filing
criteria and (2) all TPS eligibility criteria (including continuous
residence in the United States since May 1, 2012, and continuous
physical presence in the United States since September 18, 2012).
For individuals who have already been granted TPS under the Somalia
designation, the 60-day re-registration period runs from October 31,
2013 through December 30, 2013. USCIS will issue new EADs with a
September 17, 2015 expiration date to eligible Somali TPS beneficiaries
who timely re-register and apply for EADs under this extension.
DATES: The 18-month extension of the TPS designation of Somalia is
effective March 18, 2014, and will remain in effect through September
17, 2015. The 60-day re-registration period runs from October 31, 2013
through December 30, 2013.
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 of Somalia
for TPS by selecting ``TPS Designated Country: Somalia'' from the menu
on the left of the TPS Web page.
You can also contact the TPS Operations Program Manager at
the Family and Status 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 inquires.
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). Service is available
in English and Spanish.
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
AMISOM--African Union Mission in Somalia
BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
GOS--Government of Somalia
Government--U.S. Government
IDP--Internally Displaced Person
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
TFG--Transitional Federal Government
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
UN--United Nations
USCIS--U.S. Citizenship and Immigration Services
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 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 lead to permanent resident
status.
When the Secretary terminates a country's TPS designation,
beneficiaries return to the same immigration status they maintained
before TPS, if any (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 Somalia designated for TPS?
On September 16, 1991, the Attorney General designated Somalia for
TPS based on extraordinary and temporary conditions resulting from
armed conflict. See 56 FR 46804 (Sept. 16, 1991). The initial
designation was extended nine times based on determinations that the
conditions warranting the designation continued to be met. On September
4, 2001, the Attorney General both extended Somalia's TPS designation
for a tenth time and redesignated Somalia for TPS. See 66 FR 46288
(Sept. 4, 2001). Under the 2001 redesignation, the Attorney General
revised the date from which applicants had to show they had been
``continuously residing'' in and ``continuously physically present'' in
the United States to September 4, 2001. Somalia's TPS designation was
subsequently extended nine additional times, including on May 1, 2012,
when the Secretary both extended and redesignated Somalia for TPS.
Under the 2012 redesignation, the Secretary revised the ``continuous
residence'' date to May 1, 2012 and the ``continuous physical
presence'' date to September 18, 2012. See 77 FR 25723 (May 1, 2012).
This announcement is the first extension of TPS for Somalia since the
2012 extension and redesignation.
What authority does the Secretary of Homeland Security have to extend
the designation of Somalia 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
[[Page 65692]]
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 (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 DHS ``shall be deemed to refer to the
Secretary'' of Homeland Security. See 6 U.S.C. 557 (codifying HSA,
tit. XV, section 1517).
---------------------------------------------------------------------------
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 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 is extended for an additional 6 months (or in the
Secretary's discretion for 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).
Why is the Secretary extending the TPS designation for Somalia through
September 17, 2015?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Somalia. Based on this review and
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the conditions that led to the
2012 redesignation of Somalia for TPS--(1) ongoing armed conflict and
(2) extraordinary and temporary conditions that prevent Somali
nationals from returning to Somalia in safety--continue to exist.
Somalia ended its 8-year transitional period of governance in
September 2012 with the formation of a new and more representative
federal parliament and that parliament's indirect election of Hassan
Sheikh Mohamud as President. The Somaliland and Puntland regions, in
the north of Somalia, are relatively stable, and the administrations of
each are able to provide some degree of social services, including
minimal law enforcement. President Hassan Sheikh's Government of
Somalia (GOS) has prioritized security and peace among its ``Six Pillar
Policy'' framework of the new administration. Though the country is now
transitioning to more permanent governing institutions, the GOS still
retains little control of the territory and has little capacity to
govern beyond Mogadishu. No effective political parties yet exist. Two
decades of conflict in Somalia and the country's most severe drought in
60 years have led to what has been referred to as the worst
humanitarian crisis in the world. A sustained military campaign against
al-Shabaab throughout 2012 resulted in large numbers of civilian deaths
and displacement. During the same period, targeted attacks by al-
Shabaab, using suicide bombers and improvised explosive devices,
resulted in significant civilian causalities. Al-Shabaab still controls
large rural areas in southern Somalia and as far north as Puntland, and
denies both the Somali government and humanitarian organizations access
to people in those areas. Although it no longer maintains an open
presence in the capital, Al Shabaab has continued to carry out
coordinated asymmetric attacks in Mogadishu in 2013.
A severe drought and famine that lasted from July 2011 to February
2012 is estimated to have resulted in approximately 258,000 deaths.
About half, or some 133,000 of the Somalis who perished, were children
under 5 years of age, according to the United Nations (UN) Food and
Agricultural Organization. Recovery from the famine has been slow.
Internal displacement remained a major problem during 2012 as hundreds
of thousands of people continued to be displaced by fighting,
insecurity, and malnutrition. Estimates of internally displaced persons
at the end of 2012 were as high as 1.36 million. Displacement resulted
from conflict as fighting escalated in Mogadishu, Kismayo and the
Afgoye corridor at various points in 2012. An October 2012 flood in
Beletweyn-Hiiraan in central Somalia affected 60,000 and resulted in
39,000 people receiving shelter and survival aid from the International
Committee of the Red Cross. During the first quarter of 2013 an
additional 14,000 individuals were displaced. As of May 2013, in
Mogadishu alone there were 369,000 IDPs.
Humanitarian access and assistance remains restricted inside parts
of Somalia due to ongoing conflict, al-Shabaab prohibitions on
international aid organizations, insecurity, and diversion of aid.
Somalia's displaced population has been victim to theft, extortion, and
the threat of forced evictions by abusive groups controlling IDP sites.
These threats combined with lack of infrastructure and logistical
challenges have caused difficulties in protecting vulnerable IDP
populations. During 2012, nine humanitarian personnel were killed, one
was wounded, and four were kidnapped. Access to aid gradually improved
during 2012, in limited urban areas, but the country presents a
challenging operating environment as deliberate obstruction by groups
continues to restrict access to humanitarian assistance and create high
risks for aid workers.
Transitional Federal Government (TFG) forces and the African Union
Mission in Somalia (AMISOM) military launched successful offensives
against al-Shabaab in 2011. By August 2011, AMISOM and TFG forces had
expelled al-Shabaab from the capital city of Mogadishu. Kenyan forces
took control of the major port city, Kismayo, from al-Shabaab in
September 2012. A sustained military campaign against al-Shabaab
throughout 2012 resulted in large numbers of civilian deaths and
displacement. Targeted attacks by al-Shabaab using suicide bombers and
improvised explosive devices resulted in significant civilian
causalities. Reliable estimates of nationwide civilian causalities are
not currently available. Between January and late September 2012, four
hospitals in Mogadishu treated 5,219 casualties, with 118 dying from
weapon-related injuries.
Somalis who have sought to move to the relatively more secure
regions of Puntland and Somaliland have in some cases been expelled or
prosecuted, as they are viewed as outsiders. In al-Shabaab controlled
territory, they are at risk of running afoul of al-Shabaab imposed
edicts on behavior or of conscription of minors into al-Shabaab forces.
Despite initial security sector improvements and restructuring, the GOS
currently does not have the capability to provide improved rule of law
for Somali citizens.
Additionally, Somalis have fled to neighboring countries in an
attempt to find refuge. In July 2012, the Office of the UN High
Commissioner for Refugees announced that the population exodus from
Somalia had exceeded one million, with refugees having fled mainly to
Kenya (with approximately 535,000 registered Somali refugees at the end
of July 2012), Yemen, and Ethiopia. As of January 2013, there were
approximately 1.1 million refugees outside of Somalia and 33,000 asylum
seekers worldwide. One million Somalis, or 14 percent of the total
population, are experiencing acute food insecurity. The IDPs amount to
60 percent of the total population experiencing acute food insecurity.
It is estimated that 2.7 million Somalis are dependent on humanitarian
assistance. Authorities in the Transitional Federal Government and
Government of Somalia (TFG/GOS), Somaliland, and Puntland
administrations have provided some protection and assistance to IDPs,
although the response in TFG/GOS areas has been largely ineffective as
a consequence of limitations on resources, capacity, and poor
coordination.
[[Page 65693]]
Gender-based violence, including sexual assault of female IDPs, has
remained a problem. In Mogadishu and surrounding areas between January
and November 2012, almost one-third of the recorded incidents were
against children. Many cases involved assaults by armed men in uniform.
In many parts of Somalia, including Mogadishu, public security is
unstable. The capacity of the GOS to process, accommodate, and provide
assistance to returnees is extremely limited. It is unable to assist or
monitor the welfare of IDP or refugee returnees to communities still
controlled by al-Shabaab. Returnees may be more vulnerable than the
average Somali if they are unable to reestablish themselves in their
clan structure or community of origin.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the May 1, 2012 redesignation
of Somalia 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 continue to be an ongoing armed conflict and
extraordinary and temporary conditions in Somalia that prevent Somali
nationals from returning to Somalia in safety. See INA section
244(b)(1)(A) and (C), 8 U.S.C. 1254a(b)(1)(A) and (C).
It is not contrary to the national interest of the United
States to permit Somalis (and persons who have no nationality who last
habitually resided in Somalia) who meet the eligibility requirements of
TPS to remain in the United States temporarily. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The designation of Somalia for TPS should be extended for
an additional 18-month period from March 18, 2014 through September 17,
2015. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
There are approximately 400 current Somalia TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
Notice of Extension of the TPS Designation of Somalia
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 prompted the
redesignation of Somalia for TPS on May 1, 2012 continue to be met. See
INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this
determination, I am extending the existing TPS designation of Somalia
for 18 months from March 18, 2014 through September 17, 2015. 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).
Rand Beers,
Acting Secretary.
Required Application Forms and Application Fees To Register or Re-
Register for TPS
To register or re-register for TPS for Somalia, an applicant must
submit each of the following two applications:
1. Application for Temporary Protected Status (Form I-821).
If you are filing an application for late initial
registration, 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 late 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. and
2. Application for Employment Authorization (Form I-765).
If you are applying for late 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 66 and older and
applying for late initial registration.
If you are applying for re-registration, you must pay the
fee for the Application for Employment Authorization (Form I-765) only
if you want an EAD regardless of age.
You do not pay the fee for the Application for Employment
Authorization (Form I-765) if you are not requesting an EAD, regardless
of whether you are applying for late initial registration or re-
registration.
You must submit both completed application forms together. If you
are unable to pay for the application and/or biometrics 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. As previously stated, 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.
Re-Filing a Re-Registration TPS 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: As previously stated,
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 1.
[[Page 65694]]
Table 1--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S. USCIS, Attn: TPS Somalia, P.O.
Postal Service. Box 6943, Chicago, IL 60680-
6943.
You are using a non-U.S. Postal Service USCIS, Attn: TPS Somalia, 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 the IJ or
BIA, please mail your application to the appropriate address in Table
1. Upon receiving a Notice of Action (Form I-797) from USCIS, please
send an email to TPSijgrant.vsc@uscis.dhs.gov with the receipt number
and state that you submitted a re-registration and/or request for an
EAD based on an IJ/BIA grant of TPS. You can find detailed information
on what further information you need to email and the email addresses
on the USCIS TPS Web page at https://www.uscis.gov/tps.
E-Filing
You cannot electronically file your application when re-registering
or submitting a late initial registration for Somalia TPS. Please mail
your application to the mailing address listed in Table 1.
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.
Will my current EAD that is set to expire on March 17, 2014, be
automatically extended for 6 months?
No. This notice does not automatically extend previously issued
EADs. DHS has announced the extension of the TPS designation of Somalia
and established the re-registration period at an early date to allow
sufficient time for USCIS to process EAD requests prior to the March
17, 2014 expiration date. You must apply during the 60-day re-
registration period. Failure to file your TPS application during the
re-registration period without good cause may result in gaps in work
authorization. DHS strongly encourages you to apply as early as
possible within the re-registration period.
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). You may present an acceptable
receipt for List A, List B, or List C documents as described in the
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.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?
At the time of expiration, 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 Form I-9 instructions. Your
employer is required to re-verify on Employment Eligibility
Verification (Form I-9) the employment authorization of current
employees upon the expiration of a TPS-related EAD. Your employer
should use either Section 3 of the Employment Eligibility Verification
(Form I-9) originally completed for the employee or, if this section
has already been completed or if the version of Employment Eligibility
Verification (Form I-9) is no longer valid, 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.
USCIS anticipates that it will be able to process and issue new
EADs for existing TPS Somalia beneficiaries before their current EADs
expire on March 17, 2014. However, re-registering beneficiaries are
encouraged to file as early as possible within the 60-day re-
registration period to help ensure that they receive their EADs
promptly.
Can my employer require that I produce any other documentation to prove
my status, such as proof of my Somali 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) and 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 Somali citizenship 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 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. Refer to
the Note to Employees section 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.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment
[[Page 65695]]
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 re-verification
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, 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 for the hearing impaired is
at 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, Spanish and
many other languages. Employees or applicants may also call the OSC
Worker Information Hotline at 800-255-7688 (TTY for the hearing
impaired is at 800-237-2515) for information regarding employment
discrimination based upon citizenship, immigration status, or national
origin, or for information regarding 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 described
in the 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 the Social
Security Administration, DHS, or DOS 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). An employer that discriminates against an
employee in the E-Verify process based on citizenship or immigration
status, or based on national origin, may contact OSC's Worker
Information Hotline at 800-255-7688 (TTY for the hearing impaired is at
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 are:
(1) Your unexpired EAD;
(2) A copy of your Application for Temporary Protected Status
Notice of Action (Form I-797) for this re-registration; and/or
(3) A copy of your past or current Application for Temporary
Protected Status Approval Notice (Form I-797), if you received one from
USCIS.
Check with the government agency regarding which document(s) the
agency will accept. You may also provide the agency with a copy of this
Federal Register Notice.
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,
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 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 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. 2013-25969 Filed 10-31-13; 8:45 am]
BILLING CODE 9111-97-P