Extension and Redesignation of the Republic of Yemen for Temporary Protected Status, 859-866 [2016-31003]

Agencies

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

[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Notices]
[Pages 859-866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31003]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2592-16; DHS Docket No. USCIS-2015-0005]
RIN 1615-ZB61


Extension and Redesignation of the Republic of Yemen for 
Temporary Protected Status

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

ACTION: Notice.

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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 the Republic of Yemen (Yemen) for 
Temporary Protected Status (TPS) for 18 months, from March 4, 2017, 
through September 3, 2018, and redesignating Yemen for TPS for 18 
months, effective March 4, 2017, through September 3, 2018. Through 
this Notice, DHS also sets forth procedures necessary for Yemeni 
nationals (or aliens having no nationality who last habitually resided 
in Yemen) either to re-register under the extension, if they already 
have TPS, and to apply for renewal of their Employment Authorization 
Documents (EAD) with U.S. Citizenship and Immigration Services (USCIS) 
or submit an initial registration application under the redesignation 
and apply for an EAD.

DATES: Extension of Designation of Yemen for TPS: The 18-month 
extension of the TPS designation of Yemen is effective March 4, 2017, 
and will remain in effect through September 3, 2018. The 60-day re-
registration period runs from January 4, 2017 through March 6, 2017.
    Redesignation of Yemen for TPS: The redesignation of Yemen for TPS 
is effective March 4, 2017, and will remain in effect through September 
3, 2018, a period of 18 months. The 180-day initial registration period 
for new applicants under the Yemen TPS redesignation runs from January 
4, 2017 through July 3, 2017.

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

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services

    The extension allows TPS beneficiaries to retain TPS through 
September 3, 2018, so long as they continue to meet the eligibility 
requirements for TPS. The redesignation of Yemen expands eligibility 
for TPS to include individuals who have been continuously residing in 
the United States since January 4, 2017. Previously, only individuals 
who had been continuously residing in the United States since September 
3, 2015, were eligible for TPS under Yemen's designation. The Secretary 
has determined that an extension of Yemen's current designation for TPS 
is warranted because the conditions that supported its designation on 
the basis of ongoing armed conflict persist. Additionally, the 
Secretary has determined that a redesignation of Yemen for TPS is 
warranted due to the ongoing armed conflict and to the extraordinary 
and temporary conditions in Yemen that prevent Yemeni nationals from 
returning in safety. The redesignation will extend TPS protection to 
eligible individuals who have arrived in the United States after the 
eligibility cutoff dates established by Yemen's previous designation 
for TPS in September 2015. The redesignation is based on the 
Secretary's determinations under the statute that (1) there continues 
to be an ongoing armed conflict in Yemen and, due to such conflict, 
requiring the return of Yemeni nationals to Yemen would pose a serious 
threat to their personal safety, and (2) there are extraordinary and 
temporary conditions in Yemen that prevent Yemeni nationals from 
returning to Yemen in safety, and it is not contrary to the national 
interest of the United States to permit Yemeni nationals to remain 
temporarily in the United States.
    For individuals who have already been granted TPS under Yemen's 
designation, the 60-day re-registration period runs from January 4, 
2017 through March 6, 2017. USCIS will issue new EADs with a September 
3, 2018, expiration date to eligible Yemen TPS beneficiaries who timely 
re-register and apply for EADs under this extension. Given the 
timeframes involved with processing TPS re-registration applications, 
DHS recognizes that not all re-registrants will receive new EADs before 
their current EADs expire on March 3, 2017. Accordingly, through this 
Notice, DHS automatically extends the validity of EADs issued under 
Yemen's TPS designation for 6 months, through September 3, 2017, and 
explains how TPS beneficiaries and their employers may determine which 
EADs are automatically extended and their impact on Employment 
Eligibility Verification (Form I-9) and E-Verify processes.
    Under the redesignation, individuals who currently do not have TPS 
may submit an initial application during the 180-day initial 
registration period that runs from January 4, 2017 through July 3, 
2017. In order to receive a grant of TPS, initial applicants under this 
redesignation must demonstrate that they have continuously resided in 
the United States since January 4, 2017 and

[[Page 860]]

been continuously physically present in the United States since March 
4, 2017, in addition to meeting all other TPS eligibility criteria.
    Applications for TPS that were filed pursuant to Yemen's September 
2015 TPS designation and remain pending on January 4, 2017 will be 
treated as initial applications under this 2016 redesignation. 
Individuals who have a pending initial Yemen TPS application do not 
need to file a new Application for Temporary Protected Status (Form I-
821).

What is Temporary Protected Status (TPS)?

     TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the Immigration and 
Nationality Act (INA), or to eligible persons without nationality who 
last habitually resided in the designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and may 
obtain work authorization, so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also be granted travel authorization 
as a matter of discretion.
     The granting of TPS does not result in or lead to 
permanent resident status.
     When the Secretary terminates a country's TPS designation, 
TPS benefits end, but former TPS beneficiaries continue to hold the 
same immigration status they maintained before TPS, if any (unless that 
status has since expired or been terminated), or any other lawfully 
obtained immigration status they received while registered for TPS.

When was Yemen designated for TPS?

    On September 3, 2015, the Secretary designated Yemen for TPS based 
on ongoing armed conflict in the country that posed a serious threat to 
the personal safety of returning nationals. See Designation of the 
Republic of Yemen for Temporary Protected Status, 80 FR 53319 (Sept. 3, 
2015). This announcement marks the first extension and the first 
redesignation of TPS for Yemen since its initial designation in 
September 2015.

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

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate U.S. Government 
(Government) agencies, to designate a foreign state (or part thereof) 
for TPS if the Secretary finds that certain country conditions 
exist.\1\ The Secretary may then grant TPS to eligible nationals of 
that foreign state (or aliens having no nationality who last habitually 
resided in that state). See INA section 244(a)(1)(A), 8 U.S.C. 
1254a(a)(1)(A).
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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, the Secretary, after consultation with appropriate 
Government agencies, must review the conditions in a foreign state 
designated for TPS to determine whether the conditions for the TPS 
designation continue to be met. See INA section 244(b)(3)(A), 8 U.S.C. 
1254a(b)(3)(A). If the Secretary determines that a foreign state 
continues to meet the conditions for TPS designation, the designation 
may be extended for an additional period of 6, 12, or 18 months. See 
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If the Secretary 
determines that the foreign state no longer meets the conditions for 
TPS designation, the Secretary must terminate the designation. See INA 
section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

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

    In addition to extending an existing TPS designation, the 
Secretary, after consultation with appropriate Government agencies, may 
redesignate a country (or part thereof) for TPS. See INA section 
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 244(c)(1)(A)(i), 
8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been 
continuously physically present since the effective date of the most 
recent designation of the state'') (emphasis added). This is one of 
numerous instances in which the Secretary, and prior to the 
establishment of DHS, the Attorney General, has simultaneously extended 
a country's TPS designation and redesignated the country for TPS. See, 
e.g., Extension and Redesignation of Syria for Temporary Protected 
Status, 81 FR 50533 (Aug. 1, 2016); Extension and Redesignation of 
South Sudan for Temporary Protected Status, 81 FR 4051 (Jan. 25, 2016); 
Extension and Redesignation of Haiti for Temporary Protected Status, 76 
FR 29000 (May 19, 2011); Extension of Designation and Redesignation of 
Liberia Under Temporary Protected Status Program, 62 FR 16608 (Apr. 7, 
1997) (discussing legal authority for redesignation of a country for 
TPS).
    When the Secretary designates or redesignates a country for TPS, he 
or she also has the discretion to establish the date from which TPS 
applicants must demonstrate that they have been ``continuously 
resid[ing]'' in the United States. See INA section 244(c)(1)(A)(ii), 8 
U.S.C. 1254a(c)(1)(A)(ii). This discretion permits the Secretary to 
tailor the ``continuous residence'' date to offer TPS to the group of 
eligible individuals that the Secretary deems appropriate.
    The Secretary has determined that the ``continuous residence'' date 
for applicants for TPS under the redesignation of Yemen shall be 
January 4, 2017. Initial applicants for TPS under this redesignation 
must also show they have been ``continuously physically present'' in 
the United States since March 4, 2017, which is the effective date of 
the Secretary's redesignation of Yemen. See INA section 
244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i). For each initial TPS 
application filed under the redesignation, the final determination of 
whether the applicant has met the ``continuous physical presence'' 
requirement cannot be made until March 4, 2017. USCIS, however, will 
issue EADs, as appropriate, during the registration period in 
accordance with 8 CFR 244.5(b) to individuals who file their 
applications before March 4, 2017.

Why is the Secretary extending the TPS designation for Yemen and 
simultaneously redesignating Yemen for TPS through September 3, 2018?

    DHS, in consultation with the Department of State, has conducted a 
thorough review of conditions in Yemen. Based on this review, the 
Secretary has determined that an 18-month extension of Yemen's 
designation for TPS is warranted because the conditions that supported 
its designation on the basis of ongoing armed conflict persist. Ongoing 
armed conflict within Yemen continues to pose a serious threat to the 
personal safety of returning nationals.
    Furthermore, redesignation is warranted due to the continued 
deterioration of the conditions for civilians in Yemen and the 
resulting need to offer protection to individuals who have arrived in 
the United States after the eligibility cutoff dates established by 
Yemen's previous designation for TPS in September 2015. The 
redesignation is based on the dual statutory grounds of (1) ongoing 
armed conflict in Yemen and, due to such conflict, requiring the return 
of Yemen

[[Page 861]]

nationals to Yemen would pose a serious threat to their personal safety 
and (2) extraordinary and temporary conditions, stemming from the 
conflict and exacerbated by natural disasters, also prevent Yemeni 
nationals from returning to Yemen in safety and it is not contrary to 
the national interest of the United States to permit Yemeni nationals 
to remain temporarily in the United States.
    In July 2014, the Houthis, a group from the northern region of 
Yemen opposed to the government, began a violent territorial expansion 
across Yemen. The Houthis took over the capital, Sana'a, in September 
2014, consolidating control of Yemeni government ministries, 
infrastructure, and security forces. The conflict between the Houthis 
and the government escalated in March 2015, when a coalition of more 
than ten countries, led by Saudi Arabia, initiated air strikes against 
the Houthis. Since the March 2015 escalation, thousands have been 
killed and tens of thousands wounded. Out of a 2015 population of 
approximately 26.7 million, 3 million Yemenis have been internally 
displaced, and more than 180,000 people have fled the country.
    The ongoing conflict has deepened Yemen's difficult economic and 
humanitarian situation. More than 80 percent of Yemenis require some 
form of humanitarian assistance. The food security situation has 
significantly deteriorated over the last year, with over 14- million 
people food insecure. The conflict has also severely impacted the 
delivery of basic services, including health services, water, 
sanitation, and education. Infrastructure damage as a result of the 
conflict has further constrained service delivery and relief efforts, 
as roads, bridges, flood control systems, health facilities, airports, 
and schools have been damaged or destroyed in the conflict. Even if a 
political resolution to the conflict is reached, Yemen will be faced 
with tremendous reconstruction needs. Additionally, thousands of 
landmines have been placed during the conflict, with mine clearance 
likely taking years to complete.
    Many hospitals and health facilities have closed due to damage, 
destruction, or shortages of critical supplies or staff. Those that 
remain open struggle to function fully. The shortage in health care is 
disproportionately affecting children under five, pregnant women, and 
people with chronic diseases. A lack of fuel to pump clean water and 
conflict-related destruction and damage to water networks has left 
people unable to meet their basic water, hygiene, and sanitation needs, 
leading to an increased risk of disease outbreaks. There is now a 
cholera outbreak in Yemen; the number of suspected cases ballooned to 
1,410 within three weeks of the outbreak being declared. Almost half of 
all school-aged children in Yemen are unable to attend school, largely 
due to the destruction of school buildings, or because the buildings 
are being used to shelter displaced persons or by warring parties to 
the conflict.
    In addition to conflict-related damage, since Yemen's initial 
designation for TPS in September 2015, natural disasters have also 
contributed to infrastructure damage. Yemen was hit by two tropical 
cyclones, Chapala and Megh, in November 2015, inundating Yemen with 24 
inches of rain in 48 hours, an amount seven times the annual average. 
Heavy rains again pounded Yemen on April 13-14, 2016. These storms 
caused loss of life; injuries; flooding; mudslides; damage to 
infrastructure; and shortages of food, water, medical supplies, and 
fuel.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     The conditions that supported the September 3, 2015 
designation of Yemen for TPS continue to be met. See INA section 
244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
     There is ongoing armed conflict in Yemen and, due to such 
conflict, requiring the return of Yemen nationals to Yemen would pose a 
serious threat to their personal safety. See INA section 244(b)(1)(A), 
8 U.S.C. 1254a(b)(1)(A).
     There are extraordinary and temporary conditions in Yemen 
that prevent Yemeni nationals from returning to Yemen in safety, and it 
is not contrary to the national interest of the United States to permit 
Yemeni nationals to remain temporarily in the United States. See INA 
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
     The existing designation of Yemen for TPS should be 
extended for an additional 18-month period from March 4, 2017 through 
September 3, 2018. See INA section 244(b)(3)(C), 8 U.S.C. 
1254a(b)(3)(C).
     Yemen should be redesignated for TPS for an 18-month 
period on the statutory bases of ongoing armed conflict and 
extraordinary and temporary conditions, effective March 4, 2017 through 
September 3, 2018. See INA section 244(b)(1)(A) and (C), and (b)(2); 8 
U.S.C. 1254a(b)(1)(A) and (C), and (b)(2).
     TPS applicants must demonstrate that they have 
continuously resided in the United States since January 4, 2017 and 
been continuously physically present in the United States since March 
4, 2017.
     There are approximately 1,000 current Yemen TPS 
beneficiaries who may apply for re-registration and be eligible to 
retain their TPS under the extension.
     It is estimated that an additional 150-450 individuals may 
become newly eligible for TPS under the redesignation.

Notice of Extension of the TPS Designation of Yemen and Redesignation 
of Yemen for TPS

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate Government agencies, that the conditions that supported 
Yemen's designation for TPS in September 2015 based on the ongoing 
armed conflict in Yemen continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). I also have determined that 
there are extraordinary and temporary conditions in Yemen that prevent 
Yemeni nationals from returning to Yemen in safety, and that it is not 
contrary to the national interest of the United States to permit Yemeni 
nationals to remain temporarily in the United States. See INA section 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On the basis of these 
determinations, I am simultaneously extending the existing TPS 
designation of Yemen for 18 months from March 4, 2017, through 
September 3, 2018, and redesignating Yemen for TPS for the same 18-
month period. See INA section 244(b)(1)(A) and (C), and (b)(2); 8 
U.S.C. 1254a(b)(1)(A) and (C), and (b)(2). I have also determined that 
to be eligible for TPS under the redesignation, individuals must 
demonstrate that they have continuously resided in the United States 
since January 4, 2017. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 
1254a(c)(1)(A)(ii).

Jeh Charles Johnson,
Secretary.

I am currently a Yemen TPS beneficiary. What should I do?

    If you are a current TPS beneficiary whose TPS application was 
approved prior to January 4, 2017, then you need to file a re-
registration application under the extension if you wish to maintain 
TPS benefits through September 3, 2018. You must use the Application 
for Temporary Protected Status (Form I-821) to re-register for TPS. The 
60-day open reregistration period will run from January 4, 2017 through 
March 6, 2017.

[[Page 862]]

I have a pending initial TPS application filed during the Yemen TPS 
registration period that ran from September 3, 2015, through March 1, 
2016. What should I do?

    If your TPS application is still pending on January 4, 2017, then 
you do not need to file a new Application for Temporary Protected 
Status (Form I-821). Pending TPS applications will be treated as 
initial applications under this redesignation. Therefore, if your TPS 
application is approved, you will be granted TPS through September 3, 
2018. If you have a pending TPS application and you wish to have an EAD 
valid through September 3, 2018, please refer to Table 1 to determine 
whether you should file a new Application for Employment Authorization 
(Form I-765).

     Table 1--Form and EAD Information for Pending TPS Applications
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           If . . .                 And . . .            Then . . .
------------------------------------------------------------------------
You requested an EAD during     You received an    You must file a new
 the previous initial            EAD with           Application for
 registration period for Yemen   Category C19 or    Employment
 TPS.                            A12.               Authorization (Form
                                                    I-765) with the fee
                                                    (or fee waiver
                                                    request) if you wish
                                                    to have a new EAD
                                                    valid through Sept.
                                                    3, 2018.
                                You did not        You do not need to
                                 receive an EAD     file a new
                                 with Category      Application for
                                 C19 or A12.        Employment
                                                    Authorization (Form
                                                    I-765). If your TPS
                                                    application is
                                                    approved, your
                                                    Application for
                                                    Employment
                                                    Authorization (Form
                                                    I-765) will be
                                                    approved through
                                                    Sept. 3, 2018.
You did not request an EAD      You wish to have   You must file a new
 during the previous initial     an EAD valid       Application for
 registration period for Yemen   through Sept. 3,   Employment
 TPS.                            2018.              Authorization (Form
                                                    I-765) with the fee
                                                    (or fee waiver
                                                    request).
                                You do not wish    You do not need to
                                 to have an EAD     file a new
                                 valid through      Application for
                                 Sept. 3, 2018.     Employment
                                                    Authorization (Form
                                                    I-765).
------------------------------------------------------------------------

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

    If you are not a current Yemen TPS beneficiary, nor do you have a 
pending TPS application with USCIS, you may submit your TPS application 
during the 180-day initial registration period that will run from 
January 4, 2017 through July 3, 2017.

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

    To register or re-register for TPS, an applicant must submit the 
following two applications:
    1. Application for Temporary Protected Status (Form I-821).
     If you are filing an initial application, you must pay the 
fee for the Application for Temporary Protected Status (Form I-821). 
See 8 CFR 244.2(f)(2) and 244.6 and information on initial filing on 
the USCIS TPS Web page at https://www.uscis.gov/tps.
     If you are filing an application for re-registration, you 
do not need to pay the fee for the Application for Temporary Protected 
Status (Form I-821). See 8 CFR 244.17.
    2. Application for Employment Authorization (Form I-765).
     If you are applying for initial registration and want an 
EAD, you must pay the fee for the Application for Employment 
Authorization (Form I-765) only if you are age 14 through 65. No fee 
for the Application for Employment Authorization (Form I-765) is 
required if you are under the age of 14 or are over 65 and applying for 
initial registration.
     If you are applying for re-registration and want an EAD, 
you must pay the fee for the Application for Employment Authorization 
(Form I-765), regardless of your age.
     If you are not requesting an EAD, regardless of whether 
you are applying for initial registration or re-registration, you do 
not pay the fee for the Application for Employment Authorization (Form 
I-765).
    You must submit both completed application forms together. If you 
are unable to pay for the application and/or biometric services fee, 
you may apply for a fee waiver by completing a Request for Fee Waiver 
(Form I-912) or submitting a personal letter requesting a fee waiver, 
and by providing satisfactory supporting documentation. For more 
information on the application forms and fees for TPS, please visit the 
USCIS TPS Web page at https://www.uscis.gov/tps. Fees for the 
Application for Temporary Protected Status (Form I-821), the 
Application for Employment Authorization (Form I-765), and biometric 
services are also described in 8 CFR 103.7(b)(1)(i).

Biometric Services Fee

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

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

    If you request a fee waiver when filing your initial TPS 
application package and your request is denied, you may re-file your 
application packet before the initial filing deadline of July 3, 2017. 
If you submit your application with a fee waiver request before that 
deadline, but you receive a fee waiver denial and there are fewer than 
45 days before the filing deadline (or the deadline has passed), you 
may still re-file your application within the 45-day period after the 
date on the USCIS fee waiver denial notice. Your application will not 
be rejected even if the filing deadline has passed, provided it is 
mailed within those 45 days and all other required information for the 
application is included. Note: If you wish, you may also wait to 
request an EAD and pay the Application for Employment Authorization 
(Form I-765) fee after USCIS grants you TPS, if you are found eligible. 
If you choose to do this, you would file the Application for Temporary 
Protected Status (Form I-821) with the fee and the Application for 
Employment Authorization (Form I-765) without the fee and without 
requesting an EAD.

[[Page 863]]

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

    USCIS urges all re-registering applicants to file as soon as 
possible within the 60-day re-registration period so that USCIS can 
process the applications and issue EADs promptly. Filing early will 
also allow those applicants who may receive denials of their fee waiver 
requests to have time to re-file their applications before the re-
registration deadline. If, however, an applicant receives a denial of 
his or her fee waiver request and is unable to re-file by the re-
registration deadline, the applicant may still re-file his or her 
application. This situation will be reviewed to determine whether the 
applicant has established good cause for late re-registration. However, 
applicants are urged to re-file within 45 days of the date on their 
USCIS fee waiver denial notice, if at all possible. See INA section 
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more 
information on good cause for late re-registration, visit the USCIS TPS 
Web page at https://www.uscis.gov/tps. Note: Although a re-registering 
TPS beneficiary age 14 and older must pay the biometric services fee 
(but not the initial TPS application fee) when filing a TPS re-
registration application, the applicant may decide to wait to request 
an EAD, and therefore not pay the Application for Employment 
Authorization (Form I-765) fee, until after USCIS has approved the 
individual's TPS re-registration, if he or she is eligible.

Mailing Information

    Mail your application for TPS to the proper address in Table 2.

                       Table 2--Mailing Addresses
------------------------------------------------------------------------
                 If . . .                           Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S. Postal    USCIS, Attn: TPS Yemen, P.O.
 Service.                                    Box 7555, Chicago, IL 60680-
                                             6943.
You are using a non-U.S. Postal Service     USCIS, Attn: TPS Yemen, 131
 delivery service.                           S. Dearborn, 3rd Floor,
                                             Chicago, IL 60603-5517.
------------------------------------------------------------------------

    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA), and you wish to request an EAD, or are 
re-registering for the first time following a grant of TPS by an IJ or 
the BIA, please mail your application to the appropriate address in 
Table 2. When submitting a re-registration application and/or 
requesting an EAD based on an IJ/BIA grant of TPS, please include a 
copy of the IJ or BIA order granting you TPS with your application. 
This will aid in the verification of your grant of TPS and processing 
of your application, as USCIS may not have received records of your 
grant of TPS by either the IJ or the BIA.

E-Filing

    You cannot electronically file your application when re-registering 
or submitting an initial registration for Yemen TPS. Please mail your 
application to the mailing address listed in Table 2.

Supporting Documents

    The filing instructions on the Application for Temporary Protected 
Status (Form I-821) list all the documents needed to establish basic 
eligibility for TPS. You may also find information on the acceptable 
documentation and other requirements for applying or registering for 
TPS on the USCIS Web site at www.uscis.gov/tps under ``Yemen.''

Do I need to submit additional supporting documentation?

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

Employment Authorization Document (EAD)

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

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

Am I eligible to receive an automatic 6-month extension of my current 
EAD through September 3, 2017?

    Provided that you currently have a Yemen TPS-based EAD, this Notice 
automatically extends your EAD by 6 months if you:
     Are a national of Yemen (or an alien having no nationality 
who last habitually resided in Yemen);
     Received an EAD under the designation of Yemen for TPS; 
and
     Have an EAD with a marked expiration date of March 3, 
2017, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category.''
    Although this Notice automatically extends your EAD through 
September 3, 2017, you must re-register timely for TPS in accordance 
with the procedures described in this Notice if you would like to 
maintain your TPS.

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

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Employment Eligibility Verification (Form 
I-9). You can find additional detailed information on the USCIS I-9 
Central Web page at https://www.uscis.gov/I-9Central. Employers are 
required to verify the identity and employment authorization of all new 
employees by using Employment Eligibility Verification (Form I-9). 
Within 3 days of hire, an employee must present proof of identity and 
employment authorization to his or her employer.
    You may present any document from List A (reflecting both your 
identity and employment authorization), or one document from List B 
(reflecting identity) together with one document from List C 
(reflecting employment authorization), or you may present an acceptable 
receipt for List A, List B, or List C documents as described in the 
Employment Eligibility Verification (Form I-9) Instructions. An EAD is 
an acceptable document under ``List A.'' Employers may not reject a 
document based on a future expiration date.
    If your EAD has an expiration date of March 3, 2017, and states 
``A-12'' or ``C-19'' under ``Category,'' it has been extended 
automatically for 6 months by virtue of this Federal Register Notice, 
and you may choose to present your EAD to your employer as proof of 
identity and employment authorization for Form I-9 through September 3, 
2017 (see the subsection titled ``How do my employer and I complete the 
Employment Eligibility Verification (Form I-9) using an automatically 
extended EAD for a new job?'' for further information). To minimize

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confusion over this extension at the time of hire, you should explain 
to your employer that USCIS has automatically extended your EAD through 
September 3, 2017. You may also show your employer a copy of this 
Federal Register Notice confirming the automatic extension of 
employment authorization through September 3, 2017. As an alternative 
to presenting your automatically extended EAD, you may choose to 
present any other acceptable document from List A, a combination of one 
selection from List B and one selection from List C, or a valid 
receipt.

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

    Even though EADs with an expiration date of March 3, 2017, that 
state ``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended for 6 months by this Federal Register Notice, your employer 
will need to ask you about your continued employment authorization once 
March 3, 2017 is reached to meet its responsibilities for Employment 
Eligibility Verification (Form I-9). Your employer may need to re-
inspect your automatically extended EAD to check the expiration date 
and code to record the updated expiration date on your Employment 
Eligibility Verification (Form I-9) if he or she did not keep a copy of 
this EAD when you initially presented it. However, your employer does 
not need a new document to re-verify your employment authorization 
until September 3, 2017, the expiration date of the automatic 
extension. Instead, you and your employer must make corrections to the 
employment authorization expiration dates in Section 1 and Section 2 of 
Employment Eligibility Verification (Form I-9) (see the subsection 
titled ``What corrections should my current employer and I make to 
Employment Eligibility Verification (Form I-9) if my EAD has been 
automatically extended?'' for further information). In addition, you 
may also show this Federal Register Notice to your employer to explain 
what to do for Employment Eligibility Verification (Form I-9).
    By September 3, 2017, the expiration date of the automatic 
extension, your employer must re-verify your employment authorization. 
At that time, you must present any document from List A or any document 
from List C on Employment Eligibility Verification (Form I-9) to re-
verify employment authorization, or an acceptable List A or List C 
receipt described in the Employment Eligibility Verification (Form I-9) 
Instructions. Your employer should complete either Section 3 of the 
Employment Eligibility Verification (Form I-9) originally completed for 
you or, if this Section has already been completed or if the version of 
Employment Eligibility Verification (Form I-9) has expired (check the 
date in the bottom left-hand corner of the form), complete Section 3 of 
a new Employment Eligibility Verification (Form I-9) using the most 
current version. Note that your employer may not specify which List A 
or List C document employees must present, and cannot reject an 
acceptable receipt.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my Yemeni citizenship?

    No. When completing Employment Eligibility Verification (Form I-9), 
including re-verifying employment authorization, employers must accept 
any documentation that appears on the ``Lists of Acceptable Documents'' 
for Employment Eligibility Verification (Form I-9) that reasonably 
appears to be genuine and that relates to you, or an acceptable List A, 
List B, or List C receipt. Employers may not request documentation that 
does not appear on the ``Lists of Acceptable Documents.'' Therefore, 
employers may not request proof of Yemeni citizenship or proof of re-
registration for TPS when completing Employment Eligibility 
Verification (Form I-9) for new hires or re-verifying the employment 
authorization of current employees. If presented with EADs that have 
been automatically extended, employers should accept such EADs as valid 
List A documents so long as the EADs reasonably appear to be genuine 
and to relate to the employee. Refer to the Note to Employees section 
of this Notice for important information about your rights if your 
employer rejects lawful documentation, requires additional 
documentation, or otherwise discriminates against you based on your 
citizenship or immigration status, or your national origin.

What happens after September 3, 2017 for purposes of employment 
authorization?

    After September 3, 2017, employers may no longer accept the EADs 
that this Federal Register Notice automatically extended. Before that 
time, however, USCIS will endeavor to issue new EADs to eligible TPS 
re-registrants who request them. These new EADs will have an expiration 
date of September 3, 2018, and can be presented to your employer for 
completion of Employment Eligibility Verification (Form I-9). 
Alternatively, you may choose to present any other legally acceptable 
document or combination of documents listed on the Employment 
Eligibility Verification (Form I-9).

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

    When using an automatically extended EAD to complete Employment 
Eligibility Verification (Form I-9) for a new job prior to September 3, 
2017, you and your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and write the 
automatically extended EAD expiration date (September 3, 2017) in the 
space provided; and
    b. Write your alien number (USCIS number or A-number) in the next 
space (your EAD or other document from DHS will have your USCIS number 
or A-number printed on it; the USCIS number is the same as your A-
number without the A prefix).
    2. For Section 2, employers should record the:
    a. Document title;
    b. Issuing authority;
    c. Document number; and
    d. Automatically extended EAD expiration date (September 3, 2017).
    By September 3, 2017, employers must re-verify the employee's 
employment authorization in Section 3 of the Employment Eligibility 
Verification (Form I-9).

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

    If you are an existing employee who presented a TPS-related EAD 
that was valid when you first started your job, but that EAD has now 
been automatically extended, your employer may need to re-inspect your 
automatically extended EAD if your employer does not have a copy of the 
EAD on file, and you and your employer should correct your previously 
completed Employment Eligibility Verification (Form I-9) as follows:
    1. For Section 1, you should:
    a. Draw a line through the expiration date in Section 1;
    b. Write ``September 3, 2017'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 1; and
    d. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Draw a line through the expiration date written in Section 2;

[[Page 865]]

    b. Write ``September 3, 2017'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By September 3, 2017, when the automatic extension of EADs expires, 
employers must re-verify the employee's employment authorization in 
Section 3.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiration'' alert for an automatically 
extended EAD?

    E-Verify automated the verification process for employees whose TPS 
was automatically extended in a Federal Register Notice. If you have an 
employee who is a TPS beneficiary who provided a TPS-related EAD when 
he or she first started working for you, you will receive a ``Work 
Authorization Documents Expiring'' case alert when the auto-extension 
period for this EAD is about to expire. By September 3, 2017, 
employment authorization must be re-verified in Section 3. Employers 
should not use E-Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Notice does not 
supersede or in any way limit applicable employment verification rules 
and policy guidance, including those rules setting forth reverification 
requirements. For general questions about the employment eligibility 
verification process, employers may call USCIS at 888-464-4218 (TTY 
877-875-6028) or email USCIS at I-9Central@dhs.gov. Calls and emails 
are accepted in English and many other languages. For questions about 
avoiding discrimination during the employment eligibility verification 
process (Form I-9 and E-Verify), employers may also call the U.S. 
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Employer Hotline at 800-255-
8155 (TTY 800-237-2515), which offers language interpretation in 
numerous languages, or email OSC at osccrt@usdoj.gov.

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email at I-9Central@dhs.gov. Calls are accepted in English, and many 
other languages. Employees or applicants may also call the OSC Worker 
Information Hotline at 800-255-7688 (TTY 800-237-2515) for information 
regarding employment discrimination based upon citizenship, immigration 
status, or national origin, including discrimination related to 
Employment Eligibility Verification (Form I-9) and E-Verify. The OSC 
Worker Information Hotline provides language interpretation in numerous 
languages.
    To comply with the law, employers must accept any document or 
combination of documents from the List of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Employment Eligibility Verification (Form I-9) 
Instructions. Employers may not require extra or additional 
documentation beyond what is required for Employment Eligibility 
Verification (Form I-9) completion. Further, employers participating in 
E-Verify who receive an E-Verify case result of ``Tentative 
Nonconfirmation'' (TNC) must promptly inform employees of the TNC and 
give such employees an opportunity to contest the TNC. A TNC case 
result means that the information entered into E-Verify from Employment 
Eligibility Verification (Form I-9) differs from Federal or state 
government records.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against an employee based on the 
employee's decision to contest a TNC or because the case is still 
pending with E-Verify. A Final Nonconfirmation (FNC) case result is 
received when E-Verify cannot verify an employee's employment 
eligibility. An employer may terminate employment based on a case 
result of FNC. Work-authorized employees who receive an FNC may call 
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). To report an 
employer for discrimination in the E-Verify process based on 
citizenship or immigration status, or based on national origin, contact 
OSC's Worker Information Hotline at 800-255-7688 (TTY 800-237-2515). 
Additional information about proper nondiscriminatory Employment 
Eligibility Verification (Form I-9) and E-Verify procedures is 
available on the OSC Web site at https://www.justice.gov/crt/about/osc/ 
and the USCIS Web site at https://www.dhs.gov/E-verify.

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

    While Federal Government agencies must follow the guidelines laid 
out by the Federal Government, state and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each state may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, state, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples of such documents are:
    (1) Your EAD that has been automatically extended, or your EAD that 
has not expired;
    (2) A copy of this Federal Register Notice if your EAD is 
automatically extended under this Notice;
    (3) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration;
    (4) A copy of your past or current Application for Temporary 
Protected Status Notice of Action (Form I-797), if you received one 
from USCIS; or
    (5) If there is an automatic extension of work authorization, a 
copy of information from the USCIS TPS Web site that provides 
information on the automatic extension.
    Check with the Government agency regarding which document(s) the 
agency will accept.
    Some benefit-granting agencies use the USCIS Systematic Alien 
Verification for Entitlements (SAVE) program to confirm the current 
immigration status of applicants for public benefits. In most cases, 
SAVE provides an automated electronic response to benefit-granting 
agencies within seconds, but, occasionally, verification can be 
delayed. You can check the status of your SAVE verification by using 
CaseCheck at the following link: https://save.uscis.gov/casecheck/, 
then by clicking the ``Check Your Case'' button. CaseCheck is a free 
service that lets you follow the progress of your SAVE verification 
using your date of birth and one immigration identifier number. If an 
agency has denied your application based solely or in part on a SAVE 
response, the agency must offer you the opportunity to appeal the 
decision in accordance with the agency's procedures. If the agency has 
received and acted upon or will act upon a SAVE verification and you do 
not believe the

[[Page 866]]

response is correct, you may make an InfoPass appointment for an in-
person interview at a local USCIS office. Detailed information on how 
to make corrections, make an appointment, or submit a written request 
to correct records under the Freedom of Information Act can be found on 
the SAVE Web site at https://www.uscis.gov/save, then by choosing ``For 
Benefits Applicants'' from the menu on the left and selecting 
``Questions about your Records?''.
[FR Doc. 2016-31003 Filed 1-3-17; 8:45 am]
 BILLING CODE 9111-97-P