Termination of the Designation of Sudan for Temporary Protected Status, 47228-47234 [2017-22074]

Agencies

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

[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47228-47234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22074]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2610-17; DHS Docket No. USCIS-2014-0003]
RIN 1615-ZB66


Termination of the Designation of Sudan for Temporary Protected 
Status

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

ACTION: Notice.

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SUMMARY: The designation of Sudan for Temporary Protected Status (TPS) 
is set to expire on November 2, 2017. After reviewing country 
conditions and consulting with the appropriate U.S. Government 
agencies, the Secretary of Homeland Security (Secretary) has determined 
that conditions in Sudan have sufficiently improved for TPS purposes 
and no longer support a designation for TPS. Therefore, the Secretary 
is terminating the TPS designation of Sudan. To provide for an orderly 
transition, this termination is effective November 2, 2018, twelve 
months following the end of the current designation.
    Nationals of Sudan (and aliens having no nationality who last 
habitually resided in Sudan) who have been

[[Page 47229]]

granted TPS and wish to maintain their TPS and have their current TPS-
based Employment Authorization Documents (EAD) extended through 
November 2, 2018, should re-register for TPS in accordance with the 
procedures set forth in this Notice. On November 3, 2018, nationals of 
Sudan (and aliens having no nationality who last habitually resided in 
Sudan) who have been granted TPS under the Sudan designation will no 
longer have TPS.

DATES: The designation of Sudan for TPS is terminated, effective at 
11:59 p.m., local time, on November 2, 2018. The 60-day re-registration 
period runs from October 11, 2017 through December 11, 2017. (Note: It 
is important for re-registrants to timely re-register during this 60-
day period and not to wait until their EADs expire.)

FOR FURTHER INFORMATION CONTACT: 
     You can contact Alexander King, Branch Chief, 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) 272-8377 (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.
     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 termination of Sudan for TPS by 
selecting ``Sudan'' from the menu on the left side of the TPS Web page.
     Applicants seeking information about the status of their 
individual cases can check Case Status Online, available at the USCIS 
Web site at https://www.uscis.gov, or call the USCIS National Customer 
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available 
in English and Spanish.
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

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
IER--U.S. Department of Justice Civil Rights Division, Immigrant and 
Employee Rights Section (IER)
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

    Through this Notice, DHS sets forth procedures necessary for 
eligible nationals of Sudan (or aliens having no nationality who last 
habitually resided in Sudan) to re-register for TPS and to apply for 
renewal of their EADs with USCIS. Re-registration is limited to persons 
who have previously registered for TPS under the designation of Sudan 
and whose applications have been granted.
     For individuals who have already been granted TPS under 
Sudan's designation, the 60-day re-registration period runs from 
October 11, 2017 through December 11, 2017. USCIS will issue new EADs 
with a November 2, 2018 expiration date to eligible Sudan TPS 
beneficiaries who timely re-register and apply for EADs. 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 November 2, 2017. However, provided a 
Sudan TPS beneficiary timely re-registers and properly files an 
application for an EAD during the 60-day re-registration period, his or 
her EAD will be automatically extended for an additional period not to 
exceed 180 days from the date the current EAD expires, i.e., through 
May 1, 2018. This notice 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.

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 and so long as a TPS 
beneficiary continues to meet the requirements of TPS, he or she is 
eligible to remain in the United States, may not be removed, and is 
authorized to work and obtain an EAD.
     TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion.
     The granting of TPS does not result in or lead to lawful 
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 that is still valid on the date TPS 
terminates.

When was Sudan designated for TPS?

    On November 4, 1997, the Attorney General designated Sudan for TPS 
due to: (1) An ongoing armed conflict, and that because of such 
conflict, requiring the return of nationals to Sudan would pose a 
serious threat to their personal safety; and, (2) extraordinary and 
temporary conditions within Sudan that prevented nationals from 
returning to Sudan in safety. See Designation of Sudan Under Temporary 
Protected Status, 62 FR 59737 (Nov. 4, 1997). Since the initial 
designation, the Attorney General and, later, the Secretary, have 
extended TPS and/or redesignated Sudan for TPS. Sudan's most recent 
redesignation for TPS was in 2013, when the Secretary both extended 
Sudan's designation and redesignated Sudan for TPS for 18 months. See 
Extension and Redesignation of Sudan for Temporary Protected Status, 78 
FR 1872 (Jan. 9, 2013). Sudan's TPS designation was most recently 
extended in 2016, when the Secretary extended Sudan's designation for 
TPS for 18 months through November 2, 2017. See Extension and 
Redesignation of Sudan for Temporary Protected Status, 81 FRN 4045 
(Jan. 25, 2016).

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

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate U.S. Government 
agencies, to designate a foreign state (or part thereof) for TPS if the 
Secretary determines that certain country conditions exist.\1\ The 
Secretary

[[Page 47230]]

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 the Department of Homeland Security (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 does not 
determine that a foreign state no longer meets the conditions for TPS 
designation, the designation will be extended for an additional period 
of 6 months, or in the Secretary's discretion, 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, but such 
termination may not take effect earlier than 60 days after the date the 
Federal Register notice of termination is published, or if later, the 
expiration of the most recent previous extension of the country 
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). The 
Secretary may determine the appropriate effective date of the 
termination and the expiration of any TPS-related documentation, such 
as EADs, for the purpose of providing an orderly transition. See id.; 
INA section 244(d)(3), 8 U.S.C. 1254a(d)(3).

Why is the Secretary terminating the TPS designation for Sudan as of 
November 2, 2018?

    DHS and the Department of State (DOS) have reviewed the conditions 
in Sudan. Based on this review and consultation, the Secretary has 
determined that conditions in Sudan have sufficiently improved for TPS 
purposes. Termination of the TPS designation of Sudan is required 
because it no longer meets the statutory conditions for designation. 
The ongoing armed conflict no longer prevents the return of nationals 
of Sudan to all regions of Sudan without posing a serious threat to 
their personal safety. Further, extraordinary and temporary conditions 
within Sudan no longer prevent nationals from returning in safety to 
all regions of Sudan. To provide for an orderly transition, this 
termination is effective November 2, 2018, twelve months following the 
end of the current designation.
    Conflict in Sudan is limited to Darfur and the Two Areas (South 
Kordofan and Blue Nile states). As a result of the continuing armed 
conflict in these regions, hundreds of thousands of Sudanese have fled 
to neighboring countries. However, in Darfur, toward the end of 2016 
and through the first half of 2017, parties to the conflict renewed a 
series of time-limited unilateral cessation of hostilities 
declarations, resulting in a reduction in violence and violent rhetoric 
from the parties to the conflict. The remaining conflict is limited and 
does not prevent the return of nationals of Sudan to all regions of 
Sudan without posing a serious threat to their personal safety.
    Above-average harvests have moderately improved food security 
across much of Sudan. While populations in conflict-affected areas 
continue to experience acute levels of food insecurity, there has also 
been some improvement in access for humanitarian actors to provide 
much-needed humanitarian aid.
    Although Sudan's human rights record remains extremely poor in 
general, conditions on the ground no longer prevent all Sudanese 
nationals from returning in safety.
    Taking into account the geographically limited scope of the 
conflict, the renewed series of unilateral cessation of hostilities 
declarations and concomitant reduction in violence and violent rhetoric 
from the parties to the conflict, and improvements in access for 
humanitarian actors to provide aid, the Secretary has determined that 
the ongoing armed conflict and extraordinary and temporary conditions 
that served as the basis for Sudan's most recent designation have 
sufficiently improved such that they no longer prevent nationals of 
Sudan from returning in safety to all regions of Sudan. Based on this 
determination, the Secretary has concluded that termination of the TPS 
designation of Sudan is required because Sudan no longer meets the 
statutory conditions for designation. To provide for an orderly 
transition, this termination is effective November 2, 2018, twelve 
months following the end of the current designation. DHS estimates that 
there are approximately 1,040 nationals of Sudan (and aliens having no 
nationality who last habitually resided in Sudan) who currently receive 
TPS benefits.

Notice of Termination of the TPS Designation of 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 U.S. Government agencies, that Sudan no longer meets the 
conditions for designation of TPS under 244(b)(1) of the Act. 8 U.S.C. 
1254a(b)(1). Accordingly, I order as follows:
    (1) Pursuant to INA section 244(b)(3)(B), to provide for an orderly 
transition, the designation of Sudan for TPS is terminated effective at 
11:59 p.m., local time, on November 2, 2018, 12 months following the 
end of the current designation.
    (2) Information concerning the termination of TPS for nationals of 
Sudan (and aliens having no nationality who last habitually resided in 
Sudan) will be available at local USCIS offices upon publication of 
this Notice and through the USCIS National Customer Service Center at 
1-800-375-5283. This information will be published on the USCIS Web 
site at www.USCIS.gov.

Elaine C. Duke,
Acting Secretary.

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

    To re-register for TPS based on the designation of Sudan, you must 
submit each of the following applications:
    1. Application for Temporary Protected Status (Form I-821):
     You do not need to pay the fee for the Form I-821. See 8 
CFR 244.17.
    2. Application for Employment Authorization (Form I-765):
     If you want an EAD, you must pay the fee (or request a fee 
waiver) for the Application for Employment Authorization (Form I-765), 
regardless of your age.
     If you do not want an EAD, you do not have to pay the Form 
I-765 fee.
    If you do not want to request an EAD now, you may also file Form I-
765 later to request an EAD and pay the fee (or request a fee waiver), 
provided that you still have TPS or a pending TPS application. Your EAD 
application will be considered timely filed even if the date on your 
current TPS-related EAD has expired. However, if you do not timely re-
register and properly file an EAD application, the validity of your 
current EAD will end on November 2, 2017. Accordingly, you must also 
properly file your EAD application during the 60-day re-registration 
period for your current EAD to be automatically extended for 180 days 
(i.e., through May 1, 2018). You are

[[Page 47231]]

strongly encouraged to properly file your EAD application as early as 
possible during the 60-day re-registration period to avoid lapses in 
your employment authorization and to ensure that you receive your Form 
I-797C, Notice of Action, prior to November 2, 2017.
    You must submit both completed forms together. If you are unable to 
pay the application form fee for the I-765 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 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 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 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.

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

    You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any 
EAD promptly. Properly filing early will also allow you to have time to 
re-file your application before the deadline and receive a Form I-797C 
demonstrating your EAD's automatic extension, should USCIS deny your 
fee waiver request. If, however, you receive a denial of your fee 
waiver request and are unable to re-file by the re-registration 
deadline, you may still re-file your I-765 application. This situation 
will be reviewed to determine whether you 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 possible. See INA 
section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(b). 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 Form I-821 
fee) when filing a TPS re-registration application, you may decide 
to wait to request an EAD, and therefore not pay the Form I-765 fee 
(or request a fee waiver) until after USCIS has approved your TPS 
re-registration, if you are eligible. If you choose to do this, you 
would file the Form I-821 with the biometrics services fee, if 
applicable, (or request a fee waiver) and the 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
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                 If . . .                           Mail to . . .
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You are applying through the U.S. Postal    USCIS, Attn: TPS Sudan, P.O.
 Service.                                    Box 6943, Chicago, IL 60680-
                                             6943.
For FedEx, UPS, and DHL deliveries:         USCIS, Attn: TPS Sudan, 131
                                             S. Dearborn Street, 3rd
                                             Floor, Chicago, IL 60603-
                                             5517.
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    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 mailing address in 
Table 1. When re-registering 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.

Supporting Documents

    The filing instructions on the Application for Temporary Protected 
Status (Form I-821) list all the documents needed to establish 
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 ``Sudan.''

Do I need to submit additional supporting documentation?

    If one or more of the questions listed in Part 4, Question 2 of the 
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 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 extension of my current EAD while I wait 
for my new one to arrive?

    Provided that you currently have a Sudan TPS-based EAD, you may be 
eligible to have the validity of your current EAD extended for 180 days 
(through May 1, 2018) if you:
     Are a national of Sudan (or an alien having no nationality 
who last habitually resided in Sudan);
     Received an EAD under the designation of Sudan for TPS;
     Have an EAD with a marked expiration date of November 2, 
2017, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category;''
     Timely re-registered for TPS during the 60-day re-
registration period; and
     Properly filed an application for an EAD during the 60-day 
re-registration period.
    You must timely re-register for TPS in accordance with the 
procedures described in this Notice if you would like to maintain your 
TPS and in order to have the validity of your current EAD extended by 
180 days. You are strongly encouraged to file your EAD renewal 
application as early as possible during the 60-day re-registration 
period to avoid lapses in your employment authorization.

When hired, what documentation may I show to my employer as evidence 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 Form I-9. You can find additional 
detailed information about Form I-9 on the

[[Page 47232]]

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 Form I-9. Within three days 
of hire, an employee must present evidence of identity and employment 
authorization to his or her employer by presenting documentation 
sufficient to satisfy Form I-9 requirements.
    You may present any document from List A (which provides evidence 
of both identity and employment authorization), or one document from 
List B (which provides evidence of your identity) together with one 
document from List C (which is evidence of employment authorization), 
or you may present an acceptable receipt for List A, List B, or List C 
documents as described in the Form I-9 Instructions. An EAD is an 
acceptable document under List A. Employers may not reject a document 
based on a future expiration date.
    If your EAD has an expiration date of November 2, 2017, and states 
``A-12'' or ``C-19'' under ``Category,'' and you timely and properly 
filed an EAD renewal application during the 60-day re-registration 
period, you may choose to present your EAD to your employer together 
with the Form I-797C Notice of Action (showing the qualifying 
eligibility category of either A-12 or C-19) as a List A document that 
provides evidence of your identity and employment authorization for 
Form I-9 through May 1, 2018, unless your TPS has been finally 
withdrawn or your request for TPS has been finally denied. 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 confusion over this extension at the time of hire, you 
should explain to your employer that your EAD has been automatically 
extended through May 1, 2018. You may also provide your employer with a 
copy of this Federal Register Notice which explains how your EAD could 
be automatically extended; however, this Federal Register Notice is not 
acceptable evidence that your EAD has been automatically extended. As 
an alternative to presenting evidence of 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 for my Employment Eligibility 
Verification (Form I-9) if I am already employed but my current TPS-
related EAD is set to expire?

    Even though you may be eligible to have your EAD automatically 
extended, your employer will need to ask you about your continued 
employment authorization no later than before you start work on 
November 3, 2017. You will need to present your employer with evidence 
that you are still authorized to work. Once presented, you may correct 
your employment authorization expiration date in Section 1 and your 
employer should correct the employment authorization document 
expiration date in Section 2 of 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 employment authorization has 
been automatically extended?'' for further information. In addition, 
you may also show this Notice to your employer to explain what to do 
for Form I-9.
    When you properly file your Form I-765 to renew your current EAD, 
you will receive a USCIS receipt notice (Form I-797C). The receipt 
notice will state that your current ``A-12'' or ``C-19'' coded EAD is 
automatically extended for 180 days. You may show this receipt notice 
to your employer along with your EAD to confirm your EAD has been 
automatically extended through May 1, 2018, unless your TPS has been 
finally withdrawn or your request for TPS has been finally denied. You 
may also show this Federal Register Notice to your employer to minimize 
confusion; however, this Federal Register Notice is not acceptable 
evidence that your EAD has been automatically extended. To avoid delays 
in receiving the Form I-797C and a lapse in your employment 
authorization, you should file your EAD renewal application as early as 
possible during the re-registration period.
    The last day of the automatic EAD extension is May 1, 2018. Before 
you start work on May 2, 2018, your employer must reverify your 
employment authorization. At that time, you must present any document 
from List A or any document from List C on Form I-9 Lists of Acceptable 
Documents, or an acceptable List A or List C receipt described in the 
Form I-9 Instructions to reverify employment authorization. Your 
employer should either complete Section 3 of the Form I-9 originally 
completed for you; or if this section has already been completed or if 
the version of Form I-9 has expired (check the date in the bottom left-
hand corner of the form), complete Section 3 of a new Form I-9 ensuring 
it is the most current version. Note that your employer may not specify 
which List A or List C document you 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 Sudanese citizenship?

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the appropriate ``Lists of Acceptable Documents'' for Form I-9 that 
reasonably appears to be genuine and that relates to you, or an 
acceptable List A, List B (for new hires only), 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 Sudanese citizenship or proof of re-registration for TPS when 
completing Form I-9 for new hires or reverifying the employment 
authorization of current employees. If the expired EAD with category A-
12 or C-19 is presented with the Form I-797C Notice of Action as 
described herein, an employer should accept this document combination 
as a valid List A document so long as the EAD reasonably appears 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.

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) on the basis of automatically extended employment 
authorization for a new job?

    As proof of the automatic extension of your employment 
authorization, you may present your expired EAD with category A-12 or 
C-19 in combination with the Form I-797C Notice of Action showing that 
the EAD renewal application was timely filed and that the qualifying 
eligibility category is either A-12 or C-19. Unless your TPS has been 
finally withdrawn or your request for TPS has been finally denied, this 
document combination is considered an unexpired Employment 
Authorization Document (Form I-766) under List A. When completing Form 
I-9 for a new job you are starting before May 2, 2018,

[[Page 47233]]

you and your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter the date 
that is 180 days from the date your current EAD expires (May 1, 2018) 
as the ``expiration date, if applicable, mm/dd/yyyy''; and
    b. Enter your Alien Number/USCIS number or A-Number where indicated 
(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. When completing Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19;
     The ``received date'' on Form I-797 is on or before the 
end of the 60-day re-registration period stated in this Notice; and
     The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Insert May 1, 2018, the date that is 180 days from the date the 
current EAD expires. By the start of work on May 2, 2018, employers 
must reverify the employee's employment authorization in Section 3 of 
the Form I-9.

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my employment authorization 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 and your employment 
authorization has now been automatically extended because you timely 
and properly filed a new application for employment authorization 
during the 60-day re-registration period, you may present your expired 
EAD with category A-12 or C-19 in combination with the Form I-797C 
Notice of Action. The Form I-797C should show that the EAD renewal 
application was timely filed and that the qualifying eligibility 
category is either A-12 or C-19. To avoid confusion, you may also 
provide your employer a copy of this Federal Register Notice; however, 
this Federal Register Notice is not acceptable evidence that your EAD 
has been automatically extended. Your employer may need to re-inspect 
your current EAD if your employer does not have a copy of the EAD on 
file. You and your employer should correct your previously completed 
Form I-9 as follows:
    1. For Section 1, you may:
    a. Draw a line through the expiration date in Section 1;
    b. Write the date that is 180 days from the date your current EAD 
expires (May 1, 2018) above the previous date (November 2, 2017); and
    c. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19;
     The ``received date'' on Form I-797 is on or before the 
end of the 60-day re-registration period stated in this Notice; and
     The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code;
    b. Draw a line through the expiration date written in Section 2;
    c. Write the date that is 180 days from the date the employee's 
current EAD expires (May 1, 2018) above the previous date (November 2, 
2017); and
    d. Initial and date the correction in the margin of Section 2.

    Note: This is not considered a reverification. Employers do not 
need to complete Section 3 until either the 180-day extension has 
ended or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By May 2, 2018, when 
the employee's automatically extended employment authorization has 
ended, employers must reverify the employee's employment 
authorization in Section 3.

If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee using 
the Form I-797C receipt information provided on Form I-9. The receipt 
number entered as the document number on Form I-9 should be entered 
into the document number field in E-Verify.

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-related EAD was automatically extended. 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. This indicates that you should update Form I-9 
in accordance with the instructions above. By the employee's start of 
work on May 2, 2018, employment authorization must be reverified 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 I9Central@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 call the U.S. Department 
of Justice's Civil Rights Division, Immigrant and Employee Rights 
Section (IER) (formerly the Office of Special Counsel for Immigration-
Related Unfair Employment Practices) Employer Hotline at 800-255-8155 
(TTY 800-237-2515). IER offers language interpretation in numerous 
languages. Employers may also email IER at IER@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 USCIS at I-9Central@dhs.gov. Calls are accepted in English, 
Spanish, and many other languages. Employees or applicants may also 
call the IER Worker 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 IER Worker 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,

[[Page 47234]]

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). For more 
information about E-Verify-related discrimination or to report an 
employer for discrimination in the E-Verify process based on 
citizenship, immigration status, or national origin, contact IER's 
Worker 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 IER 
Web site at https://www.justice.gov/ier 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 current EAD;
    (2) A copy of your receipt notice (Form I-797C) for your 
application to renew your current EAD providing an automatic extension 
of your currently expired or expiring EAD;
    (3) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration; and
    (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.
    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 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.

[FR Doc. 2017-22074 Filed 10-10-17; 8:45 am]
 BILLING CODE 9111-97-P