Extension and Redesignation of South Sudan for Temporary Protected Status, 4051-4059 [2016-01388]

Agencies

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

[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Notices]
[Pages 4051-4059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01388]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2575-15; DHS Docket No. USCIS-2014-0004]
RIN 1615-ZB46


Extension and Redesignation of South Sudan for Temporary 
Protected Status

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

ACTION: Notice.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of South Sudan for Temporary Protected Status 
(TPS) for 18 months, from May 3, 2016 through November 2, 2017, and 
redesignating South Sudan for TPS for 18 months, effective May 3, 2016 
through November 2, 2017.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS through November 2, 2017, so long as they otherwise continue to 
meet the eligibility requirements for TPS. The redesignation of South 
Sudan allows additional individuals who have been continuously residing 
in the United States since January 25, 2016 to obtain TPS, if otherwise 
eligible. The Secretary determined that an extension of the current 
designation and a redesignation of South Sudan for TPS are warranted 
because the ongoing armed conflict and extraordinary and temporary 
conditions that prompted the 2014 TPS redesignation have persisted, and 
in some cases deteriorated, and would pose a serious threat to the 
personal safety of South Sudanese nationals if they were required to 
return to their country. Although the parties to the conflict signed a 
peace agreement in August 2015, violence persists in many parts of the 
country, and the implementation of the peace agreement is halting to 
date.
    Through this Notice, DHS also sets forth procedures necessary for 
eligible nationals of South Sudan (or aliens having no nationality who 
last habitually resided in South Sudan) either to: (1) Re-register 
under the extension if they already have TPS and to apply for renewal 
of their Employment Authorization Documents (EADs) with U.S. 
Citizenship and Immigration Services (USCIS); or (2) submit an initial 
registration application under the redesignation and apply for an EAD.
    For individuals who have already been granted TPS, the 60-day re-
registration period runs from January 25, 2016 through March 25, 2016. 
USCIS will issue new EADs with a November 2, 2017, expiration date to 
eligible South Sudan TPS beneficiaries who timely re-register and apply 
for EADs under this extension. Given the timeframes involved with 
processing TPS re-registration applications, DHS recognizes that not 
all re-registrants will receive new EADs before their current EADs 
expire on May 2, 2016. Accordingly, through this Notice, DHS 
automatically extends the validity of EADs issued under the TPS 
designation of South Sudan for 6 months, through November 2, 2016, and 
explains how TPS beneficiaries and their employers may determine which 
EADs are automatically extended and their impact on Employment 
Eligibility Verification (Form I-9) and the E-Verify processes.
    Under the redesignation, individuals who currently do not have TPS 
(or an initial TPS application pending) may submit an initial 
application during the 180-day initial registration period that runs 
from January 25, 2016 through July 25, 2016. In addition to 
demonstrating continuous residence in the United States since January 
25, 2016 and meeting other eligibility criteria, initial applicants for 
TPS under this redesignation must demonstrate that they have been 
continuously physically present in the United States since May 3, 2016, 
the effective date of this redesignation of South Sudan, before USCIS 
may grant them TPS.
    TPS initial applications that were filed under South Sudan's 2011 
designation or the 2013 or 2014 redesignations and remain pending on 
January 25, 2016 will be treated as initial applications under this 
redesignation. Individuals who have a pending initial South Sudan TPS 
application will not need to file a new Application for Temporary 
Protected Status (Form I-821). DHS provides additional instructions in 
this Notice for individuals whose TPS applications remain pending and 
who would like to obtain an EAD valid through November 2, 2017.

[[Page 4052]]


DATES: Extension of Designation of South Sudan for TPS: The 18-month 
extension of the TPS designation of South Sudan is effective May 3, 
2016, and will remain in effect through November 2, 2017. The 60-day 
re-registration period runs from January 25, 2016 through March 25, 
2016. (Note: It is important for re-registrants to timely re-register 
during this 60-day period and not to wait until their EADs expire.)
    Redesignation of South Sudan for TPS: The redesignation of South 
Sudan for TPS is effective May 3, 2016, and will remain in effect 
through November 2, 2017, a period of 18 months. The 180-day initial 
registration period for new applicants under the South Sudan TPS 
redesignation runs from January 25, 2016 through July 25, 2016.

FOR FURTHER INFORMATION CONTACT:  For further information on 
TPS, including guidance on the application process and additional 
information on eligibility, please visit the USCIS TPS Web page at 
https://www.uscis.gov/tps.
    You can find specific information about this extension and 
redesignation of South Sudan for TPS by selecting ``South Sudan'' from 
the menu on the left side of the TPS Web page.
     For questions concerning this FRN, you can also contact 
the U.S. Citizenship and Immigration Services, Department of Homeland 
Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by 
phone at (202) 272-1533 (this is not a toll-free number). Note: The 
phone number provided here is solely for questions regarding this TPS 
Notice. It is not for individual case status inquiries.
     Applicants seeking information about the status of their 
individual cases can check Case Status Online, available at the USCIS 
Web site at https://www.uscis.gov, or call the USCIS National Customer 
Service Center at 800-375-5283 (TTY 800-767-1833).
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations

BIA Board of Immigration Appeals
DHS Department of Homeland Security
DOS Department of State
EAD Employment Authorization Document
FNC Final Nonconfirmation
Government U.S. Government
IJ Immigration Judge
INA Immigration and Nationality Act
OSC U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
SAVE USCIS Systematic Alien Verification for Entitlements Program
Secretary Secretary of Homeland Security
TNC Tentative Nonconfirmation
TPS Temporary Protected Status
TTY Text Telephone
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 eligible persons without nationality who 
last habitually resided in the designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to work and obtain EADs so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also be granted travel authorization 
as a matter of discretion.
     The granting of TPS does not result in or lead to 
permanent resident status.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(2), 8 U.S.C. 1254a(c)(2).
     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 South Sudan designated for TPS?

    On October 13, 2011, the Secretary designated South Sudan for TPS, 
effective November 3, 2011, based on an ongoing armed conflict and 
extraordinary and temporary conditions within South Sudan. See 
Designation of Republic of South Sudan for Temporary Protected Status, 
76 FR 63629 (Oct. 13, 2011). Following the initial designation, the 
Secretary has extended and redesignated South Sudan for TPS two times. 
Most recently, in 2014, the Secretary both extended South Sudan's 
designation and redesignated South Sudan for TPS for 18 months through 
May 2, 2016. See Extension and Redesignation of South Sudan for 
Temporary Protected Status, 79 FR 52019 (Sept. 2, 2014).

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

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government (Government), to designate a foreign state (or part thereof) 
for TPS if the Secretary determines that certain country conditions 
exist.\1\ The Secretary may then grant TPS to eligible nationals of 
that foreign state (or eligible aliens having no nationality who last 
habitually resided in the designated country). See INA section 
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, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to DHS ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security 
Act of 2002, tit. XV, section 1517).
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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 section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that 
a foreign state continues to meet the conditions for TPS designation, 
the designation may be extended for an additional period of 6, 12, or 
18 months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If 
the Secretary determines that the foreign state no longer meets the 
conditions for TPS designation, the Secretary must terminate the 
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

What is the Secretary's authority to redesignate South Sudan for TPS?

    In addition to extending an existing TPS designation, the 
Secretary, after consultation with appropriate Government agencies, may 
redesignate a country (or part thereof) for TPS. See INA section 
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 244(c)(1)(A)(i), 
8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been 
continuously physically present since the effective date of the most 
recent designation of the state'') (emphasis added). This is one of 
numerous instances in which the Secretary, and prior to the 
establishment of DHS, the Attorney General, has simultaneously extended 
a country's TPS designation and redesignated the country for TPS. See, 
e.g., Extension and Redesignation of Syria for Temporary Protected 
Status, 80 FR 245 (Jan. 5, 2015); Extension and Redesignation of Sudan 
for Temporary

[[Page 4053]]

Protected Status, 78 FR 1872 (Jan. 9, 2013); Extension and 
Redesignation of Haiti for Temporary Protected Status, 76 FR 29000 (May 
19, 2011); Extension of Designation and Redesignation of Liberia Under 
Temporary Protected Status Program, 62 FR 16608 (Apr. 7, 1997) 
(discussing legal authority for redesignation of a country for TPS).
    When the Secretary designates or redesignates a country for TPS, he 
also has the discretion to establish the date from which TPS applicants 
must demonstrate that they have been ``continuously resid[ing]'' in the 
United States. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 
1254a(c)(1)(A)(ii). This discretion permits the Secretary to tailor the 
``continuous residence''' date to offer TPS to the group of eligible 
individuals that the Secretary deems appropriate.
    The Secretary has determined that the ``continuous residence'' date 
for applicants for TPS under the redesignation of South Sudan shall be 
January 25, 2016. Initial applicants for TPS under this redesignation 
must also show they have been ``continuously physically present'' in 
the United States since May 3, 2016, which is the effective date of the 
Secretary's redesignation of South Sudan. See INA section 
244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i). For each initial TPS 
application filed under the redesignation, the final determination of 
whether the applicant has met the ``continuous physical presence'' 
requirement cannot be made until May 3, 2016. USCIS, however, will 
issue EADs, as appropriate, during the registration period in 
accordance with 8 CFR 244.5(b).

Why is the Secretary extending the TPS designation for South Sudan and 
simultaneously redesignating South Sudan for TPS through November 2, 
2017?

    DHS and the Department of State (DOS) have reviewed conditions in 
South Sudan. Based on the reviews and after consulting with DOS, the 
Secretary has determined that an 18-month extension and redesignation 
is warranted because the ongoing armed conflict and extraordinary and 
temporary conditions that prompted the September 2, 2014 redesignation 
have persisted, and in some cases deteriorated. In spite of a peace 
deal signed in August 2015, violence persists in many parts of South 
Sudan, and the peace agreement itself remains fragile. The current 
conditions support the expansion of TPS protection to eligible South 
Sudanese nationals who began residing in the United States between 
September 2, 2014 and January 25, 2016.
    South Sudan is in the midst of a crisis involving a cycle of ethnic 
violence, allegations of atrocities and a humanitarian disaster of 
devastating scale. The armed conflict between the Government of South 
Sudan and opposition groups, which has affected a significant portion 
of the country, has been defined by ethnic lines and has been marked by 
brutal violence against civilians. Despite a peace agreement signed in 
August 2015, the security situation remains uncertain and violence 
persists in many areas. The humanitarian situation continues to 
deteriorate, resulting in widespread displacement due to the violence; 
high rates of death, disease, and injuries; severe food insecurity with 
a major malnutrition crisis; and disrupted livelihoods.
    Longstanding political tensions between President Salva Kiir 
Mayardit, an ethnic Dinka, and former vice president, Riek Machar Teny, 
an ethnic Nuer, sparked an outbreak of violence in Juba in December 
2013. This outbreak of violence in Juba led to fighting between Nuer 
and Dinka elements within the regular Sudan People's Liberation Army. 
Since December 2013, thousands of people have been killed, as fighting 
broadened and continued along ethnic lines. The violence has flared up 
again toward the end of April and into May 2015, and in September 
following the signing of the peace agreement.
    South Sudan also remains embroiled in conflict along its border 
with Sudan. In 2015, Misseriya militias continued to attack Abyei, a 
disputed border area, sometimes with the backing of the Sudanese Armed 
Forces.
    Both government and opposition forces are alleged to have committed 
atrocities, including against civilians. The United Nations (UN) and 
humanitarian actors report that during the 2015 offensive, there have 
been atrocities including those involving rape, the systematic murder 
of boys over the age of 10 and the elderly, the forced recruitment and 
kidnapping of children, and the wholesale destruction and burning of 
villages. The resulting insecurity in northern and central Unity state 
has forced relief organizations to withdraw staff, and as of mid-June 
2015, has left more than 650,000 civilians in need of emergency support 
without access to humanitarian assistance.
    The overall situation in South Sudan has continued to deteriorate 
since the civil conflict began in December 2013, with the security, 
rule of law and human rights situations remaining deeply compromised. 
South Sudan has not held elections since becoming independent in July 
2011. The peace agreement calls for a transitional government to take 
office and elections in 2018, although the transitional government is 
not yet in place. The economic situation in South Sudan further 
contributes to its inability to protect its citizens from the ongoing 
conflict. Since fighting began in December 2013, economic activity 
outside the capital city, which was weak at best before the crisis, has 
all but stopped.
    Humanitarian access has been constrained by security incidents 
against aid staff. Humanitarian workers, both foreign and national, 
have been targeted and killed, with no reported prosecutions. For the 
month of March 2015, the UN reported 64 security incidents against 
humanitarian actors in South Sudan, and both international and South 
Sudanese non-governmental organizations continue to be targets of crime 
and violence. Due to ongoing hostilities in Unity state, all non-
governmental organizations and UN agencies evacuated staff in May 2015, 
bringing relief efforts in the area to a halt. Consequently, over 
300,000 civilians in need of emergency relief, including food aid and 
medical services were cut off from life-saving assistance. Violence in 
Unity state persists in spite of the peace agreement.
    According to the UN, over half of the country's 12 million people 
are in need of aid. The ongoing conflict has caused a continuous flow 
of internally displaced persons and refugees. The UN High Commissioner 
for Refugees estimates that as of November 2015, approximately 644,000 
people have fled South Sudan as a direct result of the ongoing conflict 
and related food insecurity, in addition to more than 1.6 million South 
Sudanese who have been internally displaced. These figures are expected 
to grow even after the signing of the peace agreement. Estimates of the 
number of people in need of shelter for 2015 include an anticipated 
1.95 million internally displaced persons and a projected 293,000 
refugees.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     The conditions that prompted the 2014 redesignation of 
South Sudan 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 continues to be an ongoing armed conflict in South 
Sudan and, due to such conflict, requiring the return of South Sudanese 
nationals (or aliens having no nationality who last

[[Page 4054]]

habitually resided in South Sudan) to South Sudan would pose a serious 
threat to their personal safety. See INA section 244(b)(1)(A), 8 U.S.C. 
1254a(b)(1)(A).
     There continue to be extraordinary and temporary 
conditions in South Sudan that prevent South Sudanese nationals (or 
aliens having no nationality who last habitually resided in South 
Sudan) from returning to South Sudan in safety. See INA section 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
     It is not contrary to the national interest of the United 
States to permit South Sudanese (or aliens having no nationality who 
last habitually resided in South Sudan) 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 South Sudan for TPS should be extended 
for an 18-month period from May 3, 2016 through November 2, 2017. See 
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Based on current country conditions, South Sudan should be 
simultaneously redesignated for TPS effective May 3, 2016 through 
November 2, 2017. See INA sections 244(b)(1)(A), (b)(1)(C), and (b)(2); 
8 U.S.C. 1254a(b)(1)(A), (b)(1)(C), and (b)(2).
     TPS applicants must demonstrate that they have 
continuously resided in the United States since January 25, 2016.
     The date by which TPS applicants must demonstrate that 
they have been continuously physically present in the United States is 
May 3, 2016, the effective date of the redesignation of South Sudan for 
TPS.
     There are approximately 50 current South Sudan TPS 
beneficiaries who are expected to file for re-registration under the 
extension.
     It is estimated that an additional 25-150 nationals of 
South Sudan (and persons without nationality who last habitually 
resided in South Sudan) may be eligible for TPS under the redesignation 
of South Sudan. This estimate is based on the total number of South 
Sudanese nationals believed to be in the United States in a 
nonimmigrant status or without lawful immigration status.

Notice of Extension of the TPS Designation of South Sudan

    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 TPS for South Sudan in 2014 not only continue to be 
met, but have significantly deteriorated. See INA section 244(b)(3)(A), 
8 U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am 
simultaneously extending the existing designation of TPS for South 
Sudan for 18 months, from May 3, 2016 through November 2, 2017, and 
redesignating South Sudan for TPS for the same 18-month period. See INA 
section 244(b)(1)(A), (b)(1)(C), and (b)(2); 8 U.S.C. 1254a(b)(1)(A), 
(b)(1)(C), and (b)(2). I have also determined that eligible individuals 
must demonstrate that they have continuously resided in the United 
States since January 25, 2016. See INA section 244(c)(1)(A)(ii), 8 
U.S.C. 1254a(c)(1)(A)(ii).

Jeh Charles Johnson,
Secretary.

I am currently a South Sudan TPS beneficiary. What should I do?

    If you have been granted TPS under South Sudan's designation, then 
you must re-register under the extension if you wish to maintain TPS 
benefits through November 2, 2017. You must use the Application for 
Temporary Protected Status (Form I-821) to re-register for TPS. The 60-
day open re-registration period will run from January 25, 2016 through 
March 25, 2016.

I have a pending initial TPS application filed during the South Sudan 
TPS registration period that ran from September 2, 2014 through March 
2, 2015. What should I do?

    If your TPS application is still pending on January 25, 2016, then 
you do not need to file a new Application for Temporary Protected 
Status (Form I-821). Pending TPS applications will be treated as 
initial applications under this re-designation. Therefore, if your TPS 
application is approved, you will be granted TPS through November 2, 
2017. If you have a pending TPS application and you wish to have an EAD 
valid through November 2, 2017, please refer to Table 1 to determine 
whether you should file a new Application for Employment Authorization 
(Form I-765).

     Table 1--Form and EAD Information for Pending TPS Applications
------------------------------------------------------------------------
           If. . .                  And. . .              Then. . .
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You requested an EAD during   You received an EAD   You must file a new
 the previous initial          with Category C-19    Application for
 registration period for       or A-12.              Employment
 South Sudan TPS.                                    Authorization (Form
                                                     I-765) with fee (or
                                                     fee waiver request)
                                                     if you wish to have
                                                     a new EAD valid
                                                     through November 2,
                                                     2017.
                              You did not receive   You do not need to
                               an EAD with           file a new
                               Category C-19 or A-   Application for
                               12.                   Employment
                                                     Authorization (Form
                                                     I-765). If your TPS
                                                     application is
                                                     approved, your
                                                     Application for
                                                     Employment
                                                     Authorization (Form
                                                     I-765) will be
                                                     approved through
                                                     November 2, 2017.
You did not request an EAD    You wish to have an   You must file a new
 during the previous initial   EAD valid through     Application for
 registration period for       November 2, 2017.     Employment
 South Sudan TPS.                                    Authorization (Form
                                                     I-765) with fee (or
                                                     fee waiver
                                                     request).
                              You do not wish to    You do not need to
                               have an EAD valid     file a new
                               through November 2,   Application for
                               2017.                 Employment
                                                     Authorization (Form
                                                     I-765).
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[[Page 4055]]

I am not a TPS beneficiary, and I do not have a TPS application 
pending. What are the procedures for initial registration for TPS under 
the South Sudan redesignation?

    If you are not a South Sudan TPS beneficiary or do not have a 
pending TPS application with USCIS, you may submit your TPS application 
during the 180-day initial registration period that will run from 
January 25, 2016 through July 25, 2016.

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

    To register or re-register for TPS based on the designation of 
South Sudan, you must submit each of the following applications:
    1. Application for Temporary Protected Status (Form I-821).
     If you are filing an initial application, you must pay the 
fee for the Application for Temporary Protected Status (Form I-821). 
See 8 CFR 244.2(f)(2) and 244.6.
     If you are filing an application for re-registration, you 
do not need to pay the fee for the Application for Temporary Protected 
Status (Form I-821). See 8 CFR 244.17.
    2. Application for Employment Authorization (Form I-765).
     If you are applying for initial registration and want an 
EAD, you must pay the fee for the Application for Employment 
Authorization (Form I-765) only if you are age 14 through 65. You do 
not need to pay the Application for Employment Authorization (Form I-
765) fee if you are under the age of 14 or are 66 and older, applying 
for late initial registration and you want an EAD.
     If you are applying for re-registration, you must pay the 
fee for the Application for Employment Authorization (Form I-765), 
regardless of your age, if you want an EAD.
     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 initial registration or re-
registration.
    You must submit both completed application forms together. If you 
are unable to pay for the application fee and/or biometrics fee, you 
may complete a Request for Fee Waiver (Form I-912) or submit a personal 
letter requesting a fee waiver with 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).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years and 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 complete a Request for Fee Waiver (Form I-912) or 
submit a personal letter requesting a fee waiver with satisfactory 
supporting documentation. For more information on the biometric 
services fee, please visit the USCIS Web site at https://www.uscis.gov. 
If necessary, you may be required to visit an Application Support 
Center to have your biometrics captured.

Refiling an Initial TPS Application After Receiving a Denial of a Fee 
Waiver Request

    If you request a fee waiver when filing your initial TPS 
application package and your request is denied, you may re-file your 
application packet before the initial filing deadline of July 25, 2016. 
If you attempt to submit your application with a fee waiver request 
before that deadline, and receive your application back with the USCIS 
fee waiver denial, and there are fewer than 45 days before the filing 
deadline (or the deadline has passed), you may still re-file your 
application within the 45-day period after the date on the USCIS fee 
waiver denial notice. You must include the correct fees or file a new 
fee waiver request. Your application will not be rejected even if the 
filing deadline has passed, provided it is mailed within those 45 days 
and all other required information for the application is included. 
Please be aware that if you re-file your TPS application packet with a 
new fee waiver request after the deadline and that your new fee waiver 
request is denied, you cannot refile again. Note: Alternatively, you 
may pay the TPS application fee and biometrics fee (if you are age 14 
or older) but wait to request an EAD and pay the Application for 
Employment Authorization (Form I-765) application fee after USCIS 
grants your TPS application, if you are eligible.

Re-Filing a Re-Registration TPS Application After Receiving a Denial of 
a Fee Waiver Request

    You should re-register as soon as possible within the 60-day period 
so that USCIS can process your application and issue any EAD promptly. 
Filing early will also allow you time to re-file your application 
before the deadline, should USCIS deny your fee waiver request. If, 
however, you receive a denial of your fee waiver request and you are 
unable to re-file by the re-registration deadline, you may still re-
file your application. This situation will be reviewed to determine 
whether you have established good cause for late re-registration. 
However, you are urged to re-file within 45 days of the date on any 
USCIS fee waiver denial notice, if at all possible. See INA section 
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more 
information on good cause for late re-registration, visit the USCIS TPS 
Web page at https://www.uscis.gov/tps. Note: Although a re-registering 
TPS beneficiary age 14 and older must pay the biometric services fee 
(but not the initial TPS application fee) when filing a TPS re-
registration application, you 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 your TPS re-registration, if 
you are eligible. If you choose to do this, you would file the 
Application for Temporary Protected Status (Form I-821) with the fee 
and the Application for Employment Authorization (Form I-765) without 
the fee and without requesting an EAD.

Mailing Information

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

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
                If. . .                           Mail to. . .
------------------------------------------------------------------------
You are applying through the U.S.        USCIS, Attn: TPS South Sudan,
 Postal Service.                          P.O. Box 6943, Chicago, IL
                                          60680-6943.
You are using a non-U.S. Postal Service  USCIS, Attn: TPS South Sudan,
 delivery service.                        131 S. Dearborn Street, 3rd
                                          Floor, Chicago, IL 60603-5517.
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[[Page 4056]]

    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA) and wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the 
BIA, please mail your application to the appropriate mailing address in 
Table 1. When submitting a re-registration and/or requesting an EAD 
based on an IJ/BIA grant of TPS, Please include a copy of the IJ or BIA 
order granting you TPS with your application. This will aid in the 
verification of your grant of TPS and processing of your application, 
as USCIS may not have received records of your grant of TPS by either 
the IJ or the BIA.

E-Filing

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

Supporting Documents

What type of basic supporting documentation must I submit with my 
initial TPS application?

    To meet the basic eligibility requirements for TPS, you must submit 
evidence that you:
     Are a national of South Sudan or an alien having no 
nationality who last habitually resided in South Sudan. Documents may 
include a copy of your passport if available, other documentation 
issued by the Government of South Sudan showing your nationality (such 
as a national identity card or official travel documentation issued by 
the Government of South Sudan), and/or your birth certificate with 
English translation accompanied by photo identification. USCIS will 
also consider certain forms of secondary evidence supporting your South 
Sudan nationality. If the evidence presented is insufficient for USCIS 
to make a determination as to your nationality, USCIS may request 
additional evidence. If you cannot provide a passport, birth 
certificate with photo identification, or a national identity document 
with your photo or fingerprint, you must submit an affidavit showing 
proof of your unsuccessful efforts to obtain such documents and 
affirming that you are a national of South Sudan. However, please be 
aware that an interview with an immigration officer will be required if 
you do not present any documentary proof of identity or nationality or 
if USCIS otherwise requests a personal appearance. See 8 CFR 
103.2(b)(9), 244.9(a)(1);
     Have continuously resided in the United States since 
January 25, 2016. See INA section 244(c)(1)(A)(ii); 8 U.S.C. 
1254a(c)(1)(A)(ii); 8 CFR 244.9(a)(2); and
     Have been continuously physically present in the United 
States since May 3, 2016, the effective date of the redesignation of 
South Sudan for TPS. See INA sections 244(b)(2)(A), (c)(1)(A)(i); 8 
U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i).
    You must also submit two color passport-style photographs of 
yourself. The filing instructions on the Application for Temporary 
Protected Status (Form I-821) list all the documents needed to 
establish basic eligibility for TPS. You may also find information on 
the acceptable documentation and other requirements for applying for 
TPS on the USCIS Web site at www.uscis.gov/tps under ``South Sudan.''

Do I need to submit additional supporting documentation when filing an 
initial TPS registration or reregistering for TPS?

    If one or more of the questions listed in Part 4, Question 2 of the 
Application for Temporary Protected Status (Form I-821) applies to you, 
then you must submit an explanation on a separate sheet(s) of paper 
and/or additional documentation.

Employment Authorization Document (EAD)

How can I get information on the status of my EAD request?

    To get case status information about your TPS application, 
including the status of a request for an EAD, you can check Case Status 
Online, available at https://www.uscis.gov, or call the USCIS National 
Customer Service Center at 800-375-5283 (TTY 800-767-1833). If your 
Application for Employment Authorization (Form I-765) has been pending 
for more than 90 days, and you still need assistance, you may request 
an EAD inquiry appointment with USCIS by using the InfoPass system at 
https://infopass.uscis.gov. However, we strongly encourage you first to 
check Case Status Online or call the USCIS National Customer Service 
Center for assistance before making an InfoPass appointment.

Am I eligible to receive an automatic 6-month extension of my current 
EAD through November 2, 2016?

    Provided that you currently have TPS under the designation of South 
Sudan, this Notice automatically extends your EAD by 6 months if you:
     Are a national of South Sudan (or an alien having no 
nationality who last habitually resided in South Sudan);
     Received an EAD under the last extension of TPS for South 
Sudan; and
     Have an EAD with a marked expiration date of May 2, 2016, 
bearing the notation ``A-12'' or ``C-19'' on the face of the card under 
``Category.''
    Although this Notice automatically extends your EAD through 
November 2, 2016, you must re-register timely for TPS in accordance 
with the procedures described in this Notice if you would like to 
maintain your TPS.

When hired, what documentation may I show to my employer as proof of 
employment authorization and identity when completing Employment 
Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Employment Eligibility Verification (Form 
I-9). You can find additional detailed information on the USCIS I-9 
Central Web page at https://www.uscis.gov/I-9Central. Employers are 
required to verify the identity and employment authorization of all new 
employees by using Employment Eligibility Verification (Form I-9). 
Within 3 days of being hired, you must present proof of identity and 
employment authorization to your 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.'' You may present an acceptable receipt for List A, 
List B, or List C documents as described in the Form I-9 Instructions. 
An acceptable receipt is one that shows an employee has applied to 
replace a document that was lost, stolen or damaged. If you present 
this receipt, you must present your employer with the actual document 
within 90 days. Employers may not reject a document based on a future 
expiration date.
    If your EAD has an expiration date of May 2, 2016, and states ``A-
12'' or ``C-19'' under ``Category,'' it has been extended automatically 
for 6 months by virtue of this Federal Register Notice, and you may 
choose to present your EAD to your employer as proof of identity and 
employment authorization for Employment Eligibility Verification (Form 
I-9) through November 2, 2016 (see the subsection titled ``How do my 
employer and I complete the Employment Eligibility Verification

[[Page 4057]]

(Form I-9) using an automatically extended EAD for a new job?'' for 
further information). To minimize confusion over this extension at the 
time of hire, you should explain to your employer that USCIS has 
automatically extended your EAD through November 2, 2016, based on your 
Temporary Protected Status. You are also strongly encouraged, although 
not required, to show your employer a copy of this Federal Register 
Notice confirming the automatic extension of employment authorization 
through November 2, 2016. As an alternative to presenting your 
automatically extended EAD, you may choose to present any other 
acceptable document from List A, or a combination of one selection from 
List B and one selection from List C.

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

    Even though EADs with an expiration date of May 2, 2016, that state 
``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended for 6 months by this Federal Register Notice, your employer 
will need to ask you about your continued employment authorization once 
May 2, 2016, is reached to meet its responsibilities for Employment 
Eligibility Verification (Form I-9). Your employer does not need to 
complete a new Form I-9 to reverify your employment authorization until 
November 2, 2016, the expiration date of the automatic extension, but 
may need to reinspect your automatically extended EAD to check the 
expiration date and code in order to record the updated expiration date 
on your Form I-9 if your employer did not keep a copy of this EAD at 
the time you initially presented it. You and your employer must make 
corrections to the employment authorization expiration dates in Section 
1 and Section 2 of Employment Eligibility Verification (Form I-9) (see 
the subsection titled ``What corrections should my current employer and 
I make to Employment Eligibility Verification (Form I-9) if my EAD has 
been automatically extended?'' for further information). You are also 
strongly encouraged, although not required, to show this Federal 
Register Notice to your employer to explain what to do for Employment 
Eligibility Verification (Form I-9).
    By November 2, 2016, the expiration date of the automatic 
extension, your employer must reverify your employment authorization. 
At that time, you must present any unexpired document from List A or 
any unexpired document from List C on Employment Eligibility 
Verification (Form I-9) to reverify employment authorization, or an 
acceptable List A or List C receipt described in the Form I-9 
instructions. Your employer is required to reverify on Employment 
Eligibility Verification (Form I-9) the employment authorization of 
current employees upon the automatically extended expiration date of a 
TPS-related EAD, which is November 2, 2016, in this case. 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. An acceptable receipt is one that shows an employee has 
applied to replace a document that was lost, stolen or damaged.

Can my employer require that I produce any other documentation to prove 
my current TPS status, such as proof of my South Sudanese citizenship 
or proof that I have re-registered for TPS?

    No. When completing Employment Eligibility Verification (Form I-9), 
including reverifying employment authorization, employers must accept 
any documentation that appears on the ``Lists of Acceptable Documents'' 
for Employment Eligibility Verification (Form I-9) that reasonably 
appears to be genuine and that relates to you or an acceptable List A, 
List B, or List C receipt. Employers may not request documentation that 
does not appear on the ``Lists of Acceptable Documents.'' Therefore, 
employers may not request proof of South Sudanese citizenship or proof 
of re-registration for TPS when completing Employment Eligibility 
Verification (Form I-9) for new hires or reverifying the employment 
authorization of current employees. Refer to the ``Note to Employees'' 
section of this Notice for important information about your rights if 
your employer rejects lawful documentation, requires additional 
documentation, or otherwise discriminates against you based on your 
citizenship or immigration status, or your national origin. Note that 
although you are not required to provide your employer with a copy of 
this Federal Register Notice, you are strongly encouraged to do so to 
help avoid confusion.

What happens after November 2, 2016, for purposes of employment 
authorization?

    After November 2, 2016, employers may no longer accept the EADs 
that this Federal Register Notice automatically extended. Before that 
time, however, USCIS will work to issue new EADs to eligible TPS re-
registrants who request them. These new EADs should have an expiration 
date of November 2, 2017, and can be presented to your employer for 
completion of Employment Eligibility Verification (Form I-9). 
Alternatively, you may choose to present any other legally acceptable 
document or combination of documents listed on the Employment 
Eligibility Verification (Form I-9).

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) using an automatically extended EAD for a new job?

    When using an automatically extended EAD to complete Employment 
Eligibility Verification (Form I-9) for a new job before November 2, 
2016, you and your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Write the automatically extended EAD expiration date (November 
2, 2016) in the first space; and
    c. Write your alien number (USCIS number or A-number) in the second 
space (your EAD or other document from DHS will have your USCIS number 
or A-number printed on it; the USCIS number is the same as your A-
number without the A prefix).
    2. For Section 2, employers should record the:
    a. Document title;
    b. Issuing authority;
    c. Document number; and
    d. Automatically extended EAD expiration date (November 2, 2016).
    By November 2, 2016, employers must reverify the employee's 
employment authorization in Section 3 of the Employment Eligibility 
Verification (Form I-9).

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my EAD has been automatically 
extended?

    If you are an existing employee who presented a TPS-related EAD 
that was valid when you first started your job but that EAD has now 
been automatically extended, your employer may reinspect your 
automatically extended EAD if the employer does not have a photocopy of 
the EAD on file, and you and your

[[Page 4058]]

employer should correct your previously completed Employment 
Eligibility Verification (Form I-9) as follows:
    1. For Section 1, you should:
    a. Draw a line through the expiration date in the first space;
    b. Write ``November 2, 2016'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 1; and
    d. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Draw a line through the expiration date written in Section 2;
    b. Write ``November 2, 2016'' above the previous date;
    c. Write ``EAD Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By November 2, 2016, 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 Expiration'' alert for an automatically 
extended EAD?

    If you are an employer who participates in E-Verify and you have an 
employee who is a TPS beneficiary who provided a TPS-related EAD when 
he or she first started working for you, you will receive a ``Work 
Authorization Documents Expiring'' case alert when this EAD is about to 
expire. Usually, this message is an alert to complete Section 3 of the 
Employment Eligibility Verification (Form I-9) to reverify an 
employee's employment authorization. For existing employees with TPS-
related EADs that have been automatically extended, employers should 
dismiss this alert by clicking the red ``X'' in the ``dismiss alert'' 
column and follow the instructions above explaining how to correct the 
Employment Eligibility Verification (Form I-9). By November 2, 2016, 
employment authorization must be reverified in Section 3. Employers 
should never use E-Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Notice does not 
supersede or in any way limit applicable employment verification rules 
and policy guidance, including those rules setting forth reverification 
requirements. For general questions about the employment eligibility 
verification process, employers may call USCIS at 888-464-4218 (TTY 
877-875-6028) or 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 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, you may call USCIS at 888-897-7781 (TTY 877-875-6028) or email 
at I-9Central@dhs.gov. Calls are accepted in English and many other 
languages. You may also call the OSC Worker Information Hotline at 800-
255-7688 (TTY 800-237-2515) for information regarding employment 
discrimination based upon citizenship status, 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 Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt described 
in the Employment Eligibility Verification (Form I-9) Instructions. 
Employers may not require extra or additional documentation beyond what 
is required for Employment Eligibility Verification (Form I-9) 
completion. Further, employers participating in E-Verify who receive an 
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must 
promptly inform employees of the TNC and give such employees an 
opportunity to contest the TNC. A TNC case result means that the 
information entered into E-Verify from Employment Eligibility 
Verification (Form I-9) differs from Federal or state government 
records.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against you based on your 
decision to contest a TNC or because your case is still pending with E-
Verify. A Final Nonconfirmation (FNC) case result is received when E-
Verify cannot verify your 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). If you believe you were discriminated against 
by an employer in the E-Verify process based on citizenship or 
immigration status or based on national origin, you may contact OSC's 
Worker Information Hotline at 800-255-7688 (TTY 800-237-2515). 
Additional information about proper nondiscriminatory Employment 
Eligibility Verification (Form I-9) and E-Verify procedures is 
available on the OSC Web site at https://www.justice.gov/crt/about/osc/ 
and the USCIS Web site at https://www.dhs.gov/E-verify.

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

    While Federal Government agencies must follow the guidelines laid 
out by the Federal Government, State and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each State may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, State, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples are:
    (1) Your unexpired EAD;
    (2) A copy of this Federal Register Notice if your EAD is 
automatically extended under this Notice;
    (3) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration;
    (4) A copy of your past or current Application for Temporary 
Protected Status Approval Notice (Form I-797), if you received one from 
USCIS; and/or
    (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 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

[[Page 4059]]

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 to correct records under the 
Freedom of Information Act 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. 2016-01388 Filed 1-22-16; 8:45 am]
BILLING CODE 9111-97-P