Extension of the Designation of Syria for Temporary Protected Status, 49751-49757 [2019-20457]

Agencies

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

[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Notices]
[Pages 49751-49757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20457]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2649-20]
RIN 1615-ZB72


Extension of the Designation of Syria 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 Syria for Temporary Protected Status (TPS) 
for 18 months, from October 1, 2019, through March 31, 2021. The 
extension allows currently eligible TPS beneficiaries to retain TPS 
through March 31, 2021, so long as they otherwise continue to meet the 
eligibility requirements for TPS.
    This Notice also sets forth procedures necessary for nationals of 
Syria (or aliens having no nationality who last habitually resided in 
Syria) to re-register for TPS and to apply for Employment Authorization 
Documents (EADs) with U.S. Citizenship and Immigration Services 
(USCIS). USCIS will issue new EADs with a March 31, 2021 expiration 
date to eligible beneficiaries under Syria's TPS designation who timely 
re-register and apply for EADs under this extension.

DATES: Extension of Designation of Syria for TPS: The 18-month 
extension of the TPS designation of Syria is effective October 1, 2019, 
and will remain in effect through March 31, 2021. The 60-day re-
registration period runs from September 23, 2019 through November 22, 
2019. (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 may contact Samantha Deshommes, Branch Chief, 
Regulatory Coordination Division, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, U.S. Department of Homeland 
Security, by mail at 20 Massachusetts Avenue NW, Washington, DC 20529-
2060, or by phone at 800-375-5283.
     For further information on TPS, including guidance on the 
re-registration process and additional information on eligibility, 
please visit the USCIS TPS web page at https://www.uscis.gov/tps. You 
can find specific information about this extension of Syria's TPS 
designation by

[[Page 49752]]

selecting ``Syria'' from the menu on the left side of the TPS web page.
     If you have additional questions about TPS, please visit 
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of 
your questions and point you to additional information on our website. 
If you are unable to find your answers there, you may also call our 
USCIS Contact Center at 800-375-5283.
     Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at https://www.uscis.gov, or call the USCIS Contact 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
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
FR--Federal Register
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
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
U.S.C.--United States Code

    Through this Notice, DHS sets forth procedures necessary for 
eligible nationals of Syria (or aliens having no nationality who last 
habitually resided in Syria) 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 Syria 
and whose applications have been granted.
    For individuals who have already been granted TPS under Syria's 
designation, the 60-day re-registration period runs from September 23, 
2019 through November 22, 2019. USCIS will issue new EADs with a March 
31, 2021 expiration date to eligible Syrian TPS beneficiaries who 
timely re-register and apply for EADs. Given the timeframes involved 
with processing TPS re-registration applications, DHS recognizes that 
all re-registrants may not receive new EADs before their current EADs 
expire on September 30, 2019. Accordingly, through this Federal 
Register Notice, DHS automatically extends the validity of EADs issued 
under the TPS designation of Syria for 180 days, through March 28, 
2020. Additionally, individuals who have EADs with an expiration date 
of March 31, 2018, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also 
covered by this automatic extension. These individuals may show their 
EAD indicating a March 31, 2018, expiration date and their EAD 
application receipt (Notice of Action, Form I-797C) that notes the 
application was received on or after March 5, 2018, to employers as 
proof of continued employment authorization through March 28, 2020. 
This Notice explains how TPS beneficiaries and their employers may 
determine which EADs are automatically extended and how this affects 
the Form I-9, Employment Eligibility Verification, E-Verify, and USCIS 
Systematic Alien Verification for Entitlements (SAVE) processes.
    Individuals who have a Syria TPS Form I-821 and/or Form I-765 that 
was still pending as of September 23, 2019 do not need to file either 
application again. If the TPS application is approved, the individual 
will be granted TPS through March 31, 2021. Similarly, if a pending 
TPS-related application for an EAD is approved, it will be valid 
through the same date. There are approximately 7,000 current 
beneficiaries under Syria's TPS designation.

What is temporary protected status (TPS)?

     TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the INA, or to eligible 
persons without nationality who last habitually resided in the 
designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to obtain EADs so long as they continue to meet the 
requirements of TPS.
     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)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
     When the Secretary terminates a country's TPS designation, 
beneficiaries return to one of the following:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
been terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, as long as it is still valid 
beyond the date TPS terminates.

When was Syria designated for TPS?

    Former Secretary of Homeland Security Napolitano initially 
designated Syria for TPS on March 29, 2012, based on extraordinary and 
temporary conditions resulting from the Syrian military's violent 
suppression of opposition to President Bashar al-Assad's regime that 
prevented Syrian nationals from safely returning to Syria. See 
Designation of Syrian Arab Republic for Temporary Protected Status, 77 
FR 19026 (Mar. 29, 2012). Following the initial designation, former 
Secretaries Napolitano and Johnson extended and newly designated Syria 
for TPS three times. In 2016, former Secretary Johnson both extended 
Syria's designation and newly designated Syria for TPS for 18 months 
through March 30, 2018. See Extension and Redesignation of Syria for 
Temporary Protected Status, 81 FR 50533 (Aug. 1, 2016). Most recently, 
in 2018, former Secretary Nielsen extended Syria's designation for 18 
months, though September 30, 2019. See Extension of the Designation of 
Syria for Temporary Protected Status, 83 FR 9329 (March 5, 2018).

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

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government (Government), to designate a foreign state (or part thereof) 
for TPS if the Secretary determines that certain country conditions 
exist.\1\ The decision to designate any foreign state (or part thereof) 
is a discretionary decision, and there is no judicial review of any 
determination with respect to the designation, or termination of or 
extension of a designation. The Secretary, in his discretion, may then 
grant TPS to eligible nationals of that foreign state (or eligible 
aliens having no

[[Page 49753]]

nationality who last habitually resided in the designated country). See 
INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to DHS ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security 
Act of 2002, tit. XV, section 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in the 
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 the 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)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the 
Secretary determines that the foreign state no longer meets the 
conditions for TPS designation, the Secretary must terminate the 
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Syria through 
March 31, 2021?

    DHS has reviewed conditions in Syria. Based on the review, 
including input received from other U.S. Government agencies, the 
Secretary has determined that an 18-month extension is warranted 
because the ongoing armed conflict and extraordinary and temporary 
conditions supporting Syria's TPS designation remain.
    Syria remains engulfed in an ongoing civil war marked by brutal 
violence against civilians, egregious human rights violations and 
abuses, and a humanitarian disaster on a devastating scale across the 
country. The Syrian Arab Republic Government (SARG) continues to 
arbitrarily and unlawfully kill, torture, and detain civilians on a 
large scale, and non-state armed groups of varying ideologies exert 
control over civilians in wide areas of the country. The SARG, with the 
support of government-linked paramilitary groups, Iranian and Iranian-
backed proxy forces, and Russian forces, continues to engage in 
hostilities with Syrian opposition forces. In addition, following its 
incursion into northern Syria in early 2018, the Turkish military and 
Turkish-backed groups continue to fight the Kurdish People's Protection 
Units (YPG). Following the defeat of the self-described Islamic State 
of Iraq and Syria (ISIS) in March 2019, ISIS sleeper cells have stepped 
up insurgency operations in cities controlled by the Syrian Democratic 
Forces (SDF). On January 16, 2019, a suicide bombing claimed by ISIS 
killed four Americans and 15 others in the northern city of Manbij, in 
Aleppo province. One week later, a vehicle-borne improvised explosive 
device targeted a joint American-SDF patrol in the town of Ash Shaddadi 
in Hasakah province. At least 10 people were killed June 1, 2019, in 
ISIS attacks in Raqqa. Despite a September 2018 agreement between 
Russia and Turkey that designated Idlib province and surrounding areas 
a demilitarized zone, non-state armed organizations, including 
designated terrorist groups, have continued to fight each other within 
the zone. In January 2019, Hayat Tahrir Al-Sham (HTS) seized large 
areas of Idlib from rival armed groups, constituting a significant 
threat to Syrian civilians in the country's northwest and northeast, as 
well as Syrian refugees residing across the adjacent Turkish border. 
Since April 2019, a renewed SARG offensive is exacting a heavy toll on 
civilians and civilian infrastructure in the area. The renewed violence 
has displaced over 630,000 civilians, and killed at least 1,089 
civilians, including many children.
    Currently, 11.9 million Syrians are displaced in or outside of 
Syria, of which 6.2 million are Internally Displaced Persons (IDPs) and 
5.7 million are UNHCR-registered refugees. Of the country's 23 million 
people, 11.7 million require humanitarian assistance. Approximately 1.6 
million Syrians were displaced by hostilities in 2018, and the overall 
IDP population increased 16% in 2018. Syria hosted approximately 
482,200 refugees during the same time period. Additionally, 1.4 million 
Syrian IDPs voluntarily returned to their home areas in 2018. Just over 
56,047 refugees returned to Syria in 2018, and as of March 2019, 21,575 
had returned. Despite the significant number of spontaneous refugee and 
IDP returns in 2018 and 2019, the United Nations High Commissioner for 
Refugees (UNHCR) assessed in February 2019 that ``present conditions in 
Syria are not conducive for voluntary repatriation in safety and 
dignity as significant risks remain for civilians across the country.''
    Syria's economy has significantly deteriorated since the outbreak 
of conflict in 2011, with economic output declining by more than 70% 
from 2011 to 2017, the most recent year for which confirmed economic 
data is available. Eight in ten Syrians live below the poverty line. 
Syria ranks last in the CIA World Factbook's survey of 224 countries in 
real annual Gross Domestic Product (GDP) growth rate, and 194th in GDP 
per capita.
    Civilian health needs remain critical in Syria due to the ongoing 
conflict, and access to medical care is limited. Hundreds of thousands 
of civilians have suffered injuries, of which 45% are expected to 
sustain permanent impairment and require lifelong medical attention. As 
of March 2019, 46% of Syrian healthcare facilities are either partially 
functional or not functional, and 167 have been completely destroyed. 
Mass displacement has contributed to a reduction of up to 50% of 
qualified medical personnel in some areas, further compromising the 
provision of quality medical assistance. The SARG continues to attack 
healthcare personnel and infrastructure, with the United Nations 
reporting 142 confirmed attacks on healthcare personnel, facilities, 
supplies, patients, warehouses, and transport in 2018.
    As of April 2019, 9 million people in Syria required food 
assistance, including 6.5 million people facing life-threatening food 
insecurity. Notwithstanding the ongoing challenges, food security 
increased in some areas in 2018 due to improvements in overall market 
accessibility and increased response efforts.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     The conditions supporting Syria's designation for TPS 
continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C. 
1254a(b)(3)(A) and (C).
     There continues to be an ongoing armed conflict in Syria 
and, due to such conflict, requiring the return to Syria of Syrian 
nationals (or aliens having no nationality who last habitually resided 
in Syria) would pose a serious threat to their personal safety. See INA 
section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
     There continue to be extraordinary and temporary 
conditions in Syria that prevent Syrian nationals (or aliens having no 
nationality who last habitually resided in Syria) from returning to 
Syria in safety, and it is not contrary to the national interest of the 
United States to permit Syrian TPS beneficiaries to remain in the 
United States temporarily. See INA section 244(b)(1)(C), 8 U.S.C. 
1254a(b)(1)(C).
     The designation of Syria for TPS should be extended for an 
18-month period, from October 1, 2019 through March 31, 2021. See INA 
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

[[Page 49754]]

Notice of Extension of the TPS Designation of Syria

    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, the conditions supporting Syria's 
designation for TPS continue to be met. See INA section 244(b)(3)(A), 8 
U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am 
extending the existing designation of TPS for Syria for 18 months, from 
October 1, 2019, through March 31, 2021. See INA section 244(b)(1)(A), 
(b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C).

Kevin McAleenan,
Acting Secretary.

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

    To re-register for TPS based on the designation of Syria, you must 
submit an Application for Temporary Protected Status (Form I-821). You 
do not need to pay the filing fee for the Form I-821. See 8 CFR 244.17. 
You may be required to pay the biometric services fee. Please see 
additional information under the ``Biometric Services Fee'' section of 
this Notice.
    Through this Federal Register Notice, your existing EAD issued 
under the TPS designation of Syria with the expiration date of 
September 30, 2019, is automatically extended for 180 days, through 
March 28, 2020. Although not required to do so, if you want to obtain a 
new EAD valid through March 31, 2021, you must file an Application for 
Employment Authorization (Form I-765) and pay the Form I-765 fee (or 
request a fee waiver). If you do not want a new EAD, you do not have to 
file Form I-765 and pay the Form I-765 fee. If you do not want to 
request a new EAD now, you may also file Form I-765 at a later date and 
pay the fee (or request a fee waiver), provided that you still have TPS 
or a pending TPS application.
    Additionally, individuals who have EADs with an expiration date of 
March 31, 2018, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also 
covered by this automatic EAD extension through March 28, 2020. You do 
not need to apply for a new EAD in order to benefit from this 180-day 
automatic extension. If you have a Form I-821 and/or Form I-765 that 
was still pending as of September 23, 2019, then you do not need to 
file either application again. If your pending TPS application is 
approved, you will be granted TPS through March 31, 2021. Similarly, if 
you have a pending TPS-related application for an EAD that is approved, 
it will be valid through the same date.
    You may file the application for a new EAD either prior to or after 
your current EAD has expired. However, you are strongly encouraged to 
file your application for a new EAD as early as possible to avoid gaps 
in the validity of your employment authorization documentation and to 
ensure that you receive your new EAD by March 28, 2020.
    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-821, 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 of age and older. Those applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay 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 website at https://www.uscis.gov. If necessary, 
you may be required to visit an Application Support Center to have your 
biometrics captured. For additional information on the USCIS biometrics 
screening process, please see the USCIS Customer Profile Management 
Service Privacy Impact Assessment, available at www.dhs.gov/privacy.

Refiling a TPS Re-Registration 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 
refile your application before the deadline, should USCIS deny your fee 
waiver request. If, however, you receive a denial of your fee waiver 
request and are unable to refile by the re-registration deadline, you 
may still refile your Form I-821 with the biometrics fee. This 
situation will be reviewed to determine whether you established good 
cause for late TPS re-registration. However, you are urged to refile 
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. Following 
denial of your fee waiver request, you may also refile your Form I-765 
with fee either with your Form I-821 or at a later time, if you choose.
    Note: Although a re-registering TPS beneficiary age 14 and older 
must pay the biometric services fee (but not the Form I-821 fee) when 
filing a TPS re-registration application, you may decide to wait to 
request an EAD. Therefore, you do not have to file the Form I-765 or 
pay the associated Form I-765 fee (or request a fee waiver) at the time 
of re-registration, and could wait to seek an EAD until after USCIS has 
approved your TPS re-registration application. If you choose to do 
this, to re-register for TPS you would only need to file the Form I-821 
with the biometrics services fee, if applicable, (or request a fee 
waiver).

Mailing Information

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

                       Table 1--Mailing Addresses
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  If you would like to send your
          application by:              Then, mail your application to:
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U.S. Postal Service...............  U.S. Citizenship and Immigration
                                     Services,
                                    Attn: TPS Syria,
                                    P.O. Box 6943,
                                    Chicago, IL 60680-6943.
A non-U.S. Postal Service courier.  U.S. Citizenship and Immigration
                                     Services,
                                    Attn: TPS Syria,
                                    131 S Dearborn Street--3rd Floor,
                                    Chicago, IL 60603-5517.
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[[Page 49755]]

    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 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 help us to verify your grant of 
TPS and process your application.

Supporting Documents

    The filing instructions on the 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 website at www.uscis.gov/tps under 
``Syria.''

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 an EAD request, you can check Case Status 
Online at https://www.uscis.gov, or call the USCIS National Contact 
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 
Contact Center for assistance before making an InfoPass appointment.

Am I eligible to receive an automatic 180-day extension of my current 
EAD through March 28, 2020, using this Federal Register Notice?

    Yes. Provided that you currently have a Syria TPS-based EAD, this 
Federal Register Notice automatically extends your EAD through March 
28, 2020, if you:

 Are a national of Syria (or an alien having no nationality who 
last habitually resided in Syria); and either
 Have an EAD with a marked expiration date of September 30, 
2019, bearing the notation A-12 or C-19 on the face of the card under 
Category, or
 Have an EAD with a marked expiration date of March 31, 2018 
bearing the notation A-12 or C-19 on the face of the card under 
Category and you applied for a new EAD during the last re-registration 
period but have not yet received a new EAD.

    Although this Federal Register Notice automatically extends your 
EAD through March 28, 2020, you must re-register timely for TPS in 
accordance with the procedures described in this Federal Register 
Notice if you would like to maintain your TPS.

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 the Lists of Acceptable Documents on the ``Acceptable 
Documents'' web page for Form I-9 at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the 
identity and employment authorization of all new employees. Within 
three days of hire, employees must present acceptable documents to 
their employers as evidence of identity and employment authorization 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 provides 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. 
Employers may not reject a document based on a future expiration date. 
You can find additional information about Form I-9 on the I-9 Central 
web page at https://www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. If your EAD has an 
expiration date of September 30, 2019, or March 31, 2018 (and you 
applied for a new EAD during the last re-registration period but have 
not yet received a new EAD), and states A-12 or C-19 under Category, it 
has been extended automatically by virtue of this Federal Register 
Notice and you may choose to present your EAD to your employer as proof 
of identity and employment eligibility for Form I-9 through March 28, 
2020, unless your TPS has been withdrawn or your request for TPS has 
been denied. If you have an EAD with a marked expiration date of 
September 30, 2019, that states A-12 or C-19 under Category, and you 
properly filed for a new EAD in accordance with this Notice, you will 
also receive Form I-797C, Notice of Action that will state your EAD is 
automatically extended for 180 days. You may choose to present your EAD 
to your employer together with this Form I-797C as a List A document 
that provides evidence of your identity and employment authorization 
for Form I-9 through March 28, 2020, unless your TPS has been withdrawn 
or your request for TPS has been denied. See the subsection titled, 
``How do my employer and I complete the Employment Eligibility 
Verification (Form I-9) using my automatically extended employment 
authorization for a new job?'' for further information.
    To reduce confusion over this extension at the time of hire, you 
should explain to your employer that your EAD has been automatically 
extended through March 28, 2020. You may also provide your employer 
with a copy of this Federal Register Notice, which explains 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 present to my employer for Employment 
Eligibility Verification (Form I-9) if I am already employed but my 
current TPS-related EAD is set to expire?

    Even though your EAD has been automatically extended, your employer 
is required by law to ask you about your continued employment 
authorization no later than before you start work on October 1, 2019. 
You will need to present your employer with evidence that you are still 
authorized to work. Once presented, your employer should note the 
automatic extension date from this Federal Register Notice in the 
Additional Information field in Section 2 of Form I-9. See the 
subsection titled, ``What updates should my current employer make to 
Employment Eligibility Verification (Form I-9) if my employment 
authorization has been automatically extended?'' for further 
information. You may show this Federal Register Notice to your employer 
to explain what to do for Form I-9 and to show that your EAD has been 
automatically extended through March 28, 2020. Your employer may need 
to re-inspect your automatically extended EAD to check the Card Expires 
date and Category code if your employer did not keep a copy of this EAD 
when you initially presented it. In addition, if you have an EAD with a 
marked expiration date of September 30, 2019 that states A-12 or C-19 
under Category, and you

[[Page 49756]]

properly filed your Form I-765 to obtain a new EAD, you will receive a 
Form I-797C, Notice of Action. Form I-797C will state that your EAD is 
automatically extended for up to 180 days. You may present Form I-797C 
to your employer along with your EAD to confirm that the validity of 
your EAD has been automatically extended through March 28, 2020, unless 
your TPS has been withdrawn or your request for TPS has been denied. To 
reduce the possibility of gaps in your employment authorization 
documentation, you should file your Form I-765 to request a new EAD as 
early as possible during the re-registration period.
    The last day of the automatic EAD extension is March 28, 2020. 
Before you start work on March 29, 2020, your employer must reverify 
your employment authorization in Section 3 of Form I-9, using the most 
current version available at https://www.uscis.gov/I-9. 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.
    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 Syrian citizenship?

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the Form I-9 ``Lists of Acceptable Documents'' that reasonably appears 
to be genuine and that relates to you, or an acceptable List A, List B, 
or List C receipt. Employers need not reverify List B identity 
documents. Employers may not request documentation that does not appear 
on the ``Lists of Acceptable Documents.'' Therefore, employers may not 
request proof of Syrian 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 you present an EAD that has been 
automatically extended, employers should accept it as a valid List A 
document so long as the EAD reasonably appears to be genuine and 
relates to you. Refer to the Note to Employees section of this Federal 
Register 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) using my automatically extended employment authorization for 
a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before March 29, 2020, you and your employer should do the 
following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter March 28, 
2020 as the ``expiration date''; 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. For Section 2, employers should:
    a. Determine if the EAD is auto-extended by ensuring it is in 
category A-12 or C-19 and has a September 30, 2019, expiration date (or 
March 31, 2018 expiration date provided the employee applied for a new 
EAD during the last re-registration period but has not yet received a 
new EAD);
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Enter either the employee's Alien Registration number or USCIS 
number from Section 1 in the Document Number field on Form I-9; and
    e. Write March 28, 2020, as the expiration date.
    Before the start of work on March 29, 2020, employers must reverify 
the employee's employment authorization in Section 3 of Form I-9.

What updates should my current employer make to Employment Eligibility 
Verification (Form I-9) if my employment authorization has been 
automatically extended?

    If you presented a TPS-related EAD that was valid when you first 
started your job and your EAD has now been automatically extended, your 
employer may need to re-inspect your current EAD if they do not have a 
copy of the EAD on file. Your employer should update Section 2 of your 
previously completed Form I-9 as follows:
    1. Determine if the EAD is auto-extended by ensuring:
    a. It contains Category A-12 or C-19; and
    b. Has a Card Expires date of September 30, 2019, or March 31, 2018 
if the employee applied for a new EAD during the last re-registration 
period but has not yet received a new EAD.
    2. Enter EAD EXT and March 28, 2020 in the Additional Information 
field; and
    3. Initial and date the update.
    Note: This is not considered a reverification. Employers do not 
need to complete Section 3 until either the 180-day automatic extension 
has ended or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By March 29, 2020, when 
the employee's automatically extended EAD has expired, 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 these employees by 
entering the number from the Document Number field on Form I-9 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 TPS-related EADs 
that are automatically extended. If you have employees who provided a 
TPS-related EAD when they 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. Before March 29, 
2020, you must reverify his or her employment authorization in Section 
3 of Form I-9. 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 Federal Register 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 [email protected]. 
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

[[Page 49757]]

U.S. Department of Justice's Civil Rights Division, Immigrant and 
Employee Rights Section (IER) Employer Hotline at 800-255-8155 (TTY 
800-237-2515). IER offers language interpretation in numerous 
languages. Employers may also email IER at [email protected].

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 [email protected]. 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, 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 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 
an employee's 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 because of 
the TNC while 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 Form I-9 and E-Verify 
procedures is available on the IER website at https://www.justice.gov/ier and on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.

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 Notice of Action (Form I-797C), the notice of 
receipt, for your application to renew your current EAD providing an 
automatic extension of your currently expired or expiring EAD;
    (3) A copy of your Notice of Action (Form I-797C), the notice of 
receipt, for your Application for Temporary Protected Status for this 
re-registration; and
    (4) A copy of your Notice of Action (Form I-797), the notice of 
approval, for a past or current Application for Temporary Protected 
Status, 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. While SAVE can verify when an 
individual has TPS, each agency's procedures govern whether they will 
accept an unexpired EAD, I-797, or I-94. You should present the agency 
with a copy of the relevant Federal Register Notice showing the 
extension of TPS-related documentation in addition to your recent TPS-
related document with your alien or I-94 number. You should explain 
that SAVE will be able to verify the continuation of your TPS. You 
should ask the agency to initiate a SAVE query with your information 
and follow through with additional verification steps, if necessary, to 
get a final SAVE response showing the TPS. You can also ask the agency 
to look for SAVE notices or contact SAVE if they have any questions 
about your immigration status or auto-extension of TPS-related 
documentation. 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 website at https://www.uscis.gov/save.

[FR Doc. 2019-20457 Filed 9-20-19; 8:45 am]
 BILLING CODE 9111-97-P