Extension of the Designation of Yemen for Temporary Protected Status, 12313-12319 [2020-04355]

Agencies

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

[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Pages 12313-12319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04355]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2661-20; DHS Docket No. USCIS-2015-0005]
RIN 1615-ZB76


Extension of the Designation 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 Yemen for Temporary Protected Status (TPS) 
for 18 months, from March 4, 2020, through September 3, 2021. The 
extension allows currently eligible TPS beneficiaries to retain TPS 
through September 3, 2021, so long as they otherwise continue to meet 
the eligibility requirements for TPS.
    This notice also sets forth procedures necessary for nationals of 
Yemen (or aliens having no nationality who last habitually resided in 
Yemen) 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 September 3, 2021, expiration 
date to eligible beneficiaries under Yemen's TPS designation who timely 
re-register and apply for EADs under this extension.

DATES: Extension of Designation of Yemen for TPS: The 18-month 
extension of the TPS designation of Yemen is effective March 4, 2020, 
and will remain in effect through September 3, 2021. The 60-day re-
registration period runs from March 2, 2020 through May 1, 2020. (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 Maureen Dunn, Chief, Humanitarian Affairs 
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

[[Page 12314]]

www.uscis.gov/tps. You can find specific information about this 
extension of Yemen's TPS designation by selecting ``Yemen'' 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 (TTY 800-767-1833).
     Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at 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
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
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 Yemen (or aliens having no nationality who last 
habitually resided in Yemen) 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 Yemen 
and whose applications have been granted.
    For aliens who have already been granted TPS under Yemen's 
designation, the 60-day re-registration period runs from March 2, 2020 
through May 1, 2020. USCIS will issue new EADs with a September 3, 
2021, expiration date to eligible Yemeni 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 March 3, 2020. Accordingly, through this Federal Register 
notice, DHS automatically extends the validity of these EADs issued 
under the TPS designation of Yemen for 180 days, through August 30, 
2020. Additionally, aliens who have EADs with an expiration date of 
September 3, 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. Therefore, TPS beneficiaries who 
have EADs with: (1) A March 3, 2020 or September 3, 2018 expiration 
date and (2) an A-12 or C-19 category code, can show these EADs as 
proof of continued employment authorization through August 30, 2020. 
This notice explains how TPS beneficiaries and their employers may 
determine which EADs are automatically extended and how this affects 
the Employment Eligibility Verification (Form I-9), E-Verify, and USCIS 
Systematic Alien Verification for Entitlements (SAVE) processes.
    Aliens who have a Yemen-based Application for Temporary Protected 
Status (Form I-821) and/or Application for Employment Authorization 
(Form I-765) that was still pending as of March 2, 2020 do not need to 
file either application again. If USCIS approves an alien's Form I-821, 
USCIS will grant the TPS through September 3, 2021. Similarly, if USCIS 
approves a pending TPS-related Form I-765, it will be valid through the 
same date. There are currently approximately 1,647 beneficiaries under 
Yemen's TPS designation.

What Is Temporary Protected Status?

     TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the Immigration and 
Nationality Act (INA), or to eligible persons without nationality who 
last habitually resided in the designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to 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 Yemen designated for TPS?

    Former Secretary of Homeland Security Jeh Johnson initially 
designated Yemen for TPS on September 3, 2015, based on ongoing armed 
conflict in the country resulting from the July 2014 offensive by the 
Houthis, a northern opposition group that initiated a violent, 
territorial expansion across the country, eventually forcing Yemeni 
government leaders into exile in Saudi Arabia. See Designation of 
Republic of Yemen for Temporary Protected Status, 80 FR 53319 (Sept. 3, 
2015). On January 4, 2017, former Secretary Johnson announced an 18-
month extension of Yemen's existing designation and a new designation 
of Yemen for TPS on the dual bases of ongoing armed conflict and 
extraordinary and temporary conditions. See Extension and Redesignation 
of Republic of Yemen for Temporary Protected Status, 82 FR 859 (Jan. 4, 
2017).
    More recently, in July 2018, former Secretary Kirstjen Nielsen 
extended Yemen's designation for 18 months, though March 3, 2020. See 
Extension of the Designation of Yemen for Temporary Protected Status, 
83 FR 40307 (Aug. 14, 2018).

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 agencies of the U.S. 
Government (Government), to designate a foreign state (or part thereof) 
for TPS if the Secretary determines that certain

[[Page 12315]]

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 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 Yemen through 
September 3, 2021?

    DHS has reviewed conditions in Yemen. Based on the review, 
including input received from other Government agencies, the Secretary 
has determined that an 18-month extension is warranted because the 
ongoing armed conflict and extraordinary and temporary conditions 
supporting Yemen's TPS designation remain.
    Now in its fifth year, the conflict in Yemen continues, with 
ongoing clashes between the Houthi and government forces in Yemen. The 
Saudi-led coalition continues to wage a persistent air campaign against 
the Houthis and their allies, and fighting between government forces 
and the United Arab Emirates-backed Southern Transition Council (STC) 
initiated a new wave of violence in the south in 2019. In addition, 
terrorist groups, including Al-Qaeda in the Arabian Peninsula (AQAP) 
and a faction of the self-described Islamic State (IS-Y), carried out 
hundreds of attacks throughout Yemen in 2018 and 2019.
    Civilians in Yemen continue to be killed and injured and to suffer 
numerous human rights abuses and violations, including those involving 
unlawful or arbitrary killings, forced disappearances, torture, sexual 
violence, arbitrary arrest and detention, and harsh and life-
threatening prison conditions. Saudi-led coalition airstrikes have 
resulted in civilian casualties on multiple occasions. Houthi forces 
have used banned antipersonnel landmines, recruited children, and fired 
artillery into cities including Taiz and Aden, killing and wounding 
civilians. Government and Houthi security forces have committed rape 
and other forms of serious sexual violence targeting foreign migrants, 
internally displaced persons (IDPs), and other vulnerable groups. Non-
state actors, including tribal militias, militant secessionist 
elements, AQAP, and IS-Y have also reportedly committed significant 
human rights abuses with impunity.
    The United Nations has reported that there have been at least 
102,000 civilian fatalities due to armed conflict in Yemen since 2015. 
2018 was the deadliest year of the conflict to date, with 30,800 
reported fatalities. From January-June 2019, 11,900 civilian fatalities 
were reported, also according to NGO reports.
    Yemen continues to experience a significant humanitarian crisis. An 
estimated 24.1 million people--about 80 percent of the country's 
population of 30.5 million--require humanitarian assistance, according 
to the United Nations. From 2016 to 2018, as many as 4.3 million people 
were internally displaced in Yemen. An estimated 3.6 million remained 
displaced as of late 2019, while 1 million have returned from 
displacement to their places of origin, according to the United Nations 
Office for the Coordination of Humanitarian Affairs (UNOCHA). According 
to the International Organization for Migration, more than 190,000 
people, including about 65,000 Yemenis, have fled to neighboring 
countries since the outbreak of the conflict. Yemen currently hosts 
more than 422,000 refugees, asylum-seekers, and migrants, many of whom 
grew more vulnerable due to the worsening security and economic 
situation in 2018, according to UNOCHA. More than 30 percent of new 
arrivals to Yemen are unaccompanied minors, also according to UNOCHA.
    Yemen relies on imports for approximately 90 percent of staple food 
supplies, according to UNOCHA. Prior to 2015, Yemen was already 
suffering from significant food insecurity. In March 2019, the World 
Food Program declared that Yemen was experiencing the world's largest 
food crisis, affecting 20.1 million individuals. Of those experiencing 
food insecurity, 9.9 million are facing acute food insecurity. There 
are nearly 2.3 million suspected cholera cases, and more than 3,700 
associated deaths from cholera, since April 2017, according to the 
World Health Organization.
    Years of protracted conflict have severely damaged much of Yemen's 
critical infrastructure, according to UNOCHA. The conflict has caused 
significant destruction of housing, medical facilities, schools, and 
power and water utilities, limiting the availability of electricity, 
clean water, and medical care and hampering the ability of humanitarian 
organizations to deliver critically needed food, medicine, and water, 
according to a 2019 DOS Yemen Travel Advisory. In 2019, the escalating 
conflict extensively damaged the remaining public and civilian 
infrastructure, also according to UNOCHA.
    Yemen's economy continues to deteriorate due to the ongoing 
conflict. The country's Gross Domestic Product (GDP) is estimated to 
have contracted by almost 40 percent since the end of 2014, although 
official statistics remain unavailable, according to the World Bank. 
The decline in economic activity has in turn led to a significant 
reduction in revenue collection, and increased the country's debt. 
Along with growing debt, a sharp increase in inflation and a large 
depreciation in the exchange rate from April 2018 to April 2019 
dramatically reduced household purchasing power. The share of the 
population living below the poverty line has notably increased since 
the conflict began, with current projections indicating that more than 
75 percent of the total population lives below the poverty line, also 
according to the World Bank.
    Based upon this review, and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     The conditions supporting Yemen'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 Yemen 
and, due to

[[Page 12316]]

such conflict, requiring the return to Yemen of Yemeni nationals (or 
aliens having no nationality who last habitually resided in 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 continue to be extraordinary and temporary 
conditions in Yemen that prevent Yemeni nationals (or aliens having no 
nationality who last habitually resided in Yemen) from returning to 
Yemen in safety, and it is not contrary to the national interest of the 
United States to permit Yemeni 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 Yemen for TPS should be extended for an 
18-month period, from March 4, 2020, through September 3, 2021. See INA 
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

Notice of Extension of the TPS Designation of Yemen

    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 Yemen'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 Yemen for 18 months, from 
March 4, 2020, through September 3, 2021. See INA section 244(b)(1)(A), 
(b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C).

Chad F. Wolf,
Acting Secretary.

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

    To re-register for TPS based on the designation of Yemen, you must 
submit an Application for Temporary Protected Status (Form I-821). 
There is no Form I-821 fee for re-registration. 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 Yemen with the expiration date of March 3, 
2020, is automatically extended for 180 days, through August 30, 2020. 
Although not required to do so, if you want to obtain a new EAD valid 
through September 3, 2021, you must file an Application for Employment 
Authorization (Form I-765) and pay the Form I-765 fee (or submit a 
Request for a Fee Waiver (Form I-912)). 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, aliens who have EADs with an expiration date of 
September 3, 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 August 30, 2020. You do 
not need to apply for a new EAD 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 March 2, 2020, then you do not need to file either 
application again. If USCIS approves your pending TPS application, 
USCIS will grant you TPS through September 3, 2021. Similarly, if USCIS 
approves your pending TPS-related Form I-765, USCIS will issue you a 
new EAD that 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 August 30, 2020.
    For more information on the application forms and fees for TPS, 
please visit the USCIS TPS web page at 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. For more information on the application forms and fees 
for TPS, please visit the USCIS TPS web page at www.uscis.gov/tps. 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. USCIS will 
review this situation 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 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   Then, mail your application
                    by:                                  to:
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U.S. Postal Service.......................  U.S. Citizenship and
                                             Immigration Services, Attn:
                                             TPS Yemen, P.O. Box 6943,
                                             Chicago, IL 60680-6943.
A non-U.S. Postal Service courier.........  U.S. Citizenship and
                                             Immigration Services, Attn:
                                             TPS Yemen, 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

[[Page 12317]]

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 
``Yemen.''

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 www.uscis.gov, or call the USCIS 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 at my.uscis.gov/en/appointment/v2. 
However, we strongly encourage you first to check Case Status Online or 
call the USCIS Contact Center for assistance before requesting an 
appointment online.

Am I eligible to receive an automatic extension of my current EAD 
through August 30, 2020, through this Federal Register notice?

    Yes. Provided that you currently have a Yemen TPS-based EAD 
described below, this notice automatically extends your EAD through 
August 30, 2020, if you are a national of Yemen (or an alien having no 
nationality who last habitually resided in Yemen); and have one of the 
following:
     An EAD with a marked expiration date of March 3, 2020, 
bearing the notation A-12 or C-19 on the face of the card under 
Category, or
     An EAD with a marked expiration date of September 3, 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 August 30, 2020, you must re-register timely for TPS in 
accordance with the procedures described in this Federal Register 
notice to maintain your TPS.

When hired, what documentation may I show to my employer as evidence of 
employment authorization and identity when completing Form I-9?

    You can find the Lists of Acceptable Documents on the third page of 
Form I-9 as well as the Acceptable Documents web page at 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 3 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 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 www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. See the section 
``How do my employer and I complete Form I-9 using my automatically 
extended employment authorization for a new job?'' of this Federal 
Register notice for further information. If your EAD has an expiration 
date of March 3, 2020, or September 3, 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 August 30, 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 March 3, 2020, that 
states A-12 or C-19 under Category, and you received a Notice of Action 
(Form I-797C) that states 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 August 30, 
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.
    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 an acceptable receipt.

What documentation may I present to my employer for 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, and you will need to present your employer with evidence 
that you are still authorized to work. Once presented, your employer 
should update the EAD expiration date in Section 2 of Form I-9. See the 
section ``What corrections should my current employer make to Form I-9 
if my employment authorization has been automatically extended?'' of 
this Federal Register notice 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 
August 30, 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 your EAD when you 
initially presented it.
    The last day of the automatic extension for your EAD is August 30, 
2020. Before you start work on August 31, 2020, your employer is 
required by law to reverify your employment authorization in Section 3 
of Form 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.
    If your original Form I-9 was a previous version, your employer 
must complete Section 3 of the current version of Form I-9, and attach 
it to your previously completed Form I-9. Your employer can check the 
I-9 Central web page at www.uscis.gov/I-9Central for the most current 
version of Form I-9.
    Your employer may not specify which List A or List C document you 
must

[[Page 12318]]

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 or a Form I-797C 
showing I re-registered for TPS?

    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 Yemeni 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 presented with an EAD that has 
been automatically extended, employers should accept such a document as 
a valid List A document, so long as the EAD reasonably appears to be 
genuine and relates to the employee. 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 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 August 31, 2020, for Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter August 30, 
2020 as the expiration date; and
    b. Enter your 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).
    For Section 2, your employer should:
    a. Determine if the EAD is auto-extended by ensuring it is in 
Category A-12 or C-19 and has a Card Expires date of March 3, 2020 (or 
Card Expires date of September 3, 2018, if you applied for a new EAD 
during the last re-registration period but have not yet received a new 
EAD);
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Enter either the employee's A-Number or USCIS number from 
Section 1 in the Document Number field on Form I-9; and
    e. Write August 30, 2020, as the expiration date.
    Before the start of work on August 31, 2020, employers must 
reverify the employee's employment authorization in Section 3 of Form 
I-9.

What corrections should my current employer make to 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 the employer does 
not have a copy of the EAD on file. Your employer should determine if 
your EAD is automatically extended by ensuring that it contains 
Category A-12 or C-19 and has a Card Expires date of March 3, 2020 (or 
a Card Expires date of September 3, 2018, if you applied for a new EAD 
during the last re-registration period but have not yet received a new 
EAD). If your employer determines that your EAD has been automatically 
extended, your employer should update Section 2 of your previously 
completed Form I-9 as follows:
    a. Write EAD EXT and August 30, 2020, as the last day of the 
automatic extension in the Additional Information field; and
    b. Initial and date the correction.

    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 August 
31, 2020, when the employee's automatically extended EAD has 
expired, employers are required by law to reverify the employee's 
employment authorization in Section 3. If your original Form I-9 was 
a previous version, your employer must complete Section 3 of the 
current version of Form I-9 and attach it to your previously 
completed Form I-9. Your employer can check the I-9 Central web page 
at www.uscis.gov/I-9Central for the most current version of Form I-
9.

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 by 
providing the employee's A-Number or USCIS number from Form I-9 in 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 this 
employee starts work on August 31, 2020, as appropriate, 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]. 
USCIS accepts calls and emails 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) 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]. USCIS accepts calls 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

[[Page 12319]]

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 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 records 
available to DHS.
    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 www.justice.gov/ier and 
on the USCIS and E-Verify websites at www.uscis.gov/i-9-central and 
www.e-verify.gov.

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

    For Federal purposes, TPS beneficiaries presenting an EAD 
referenced in this Federal Register Notice do not need to show any 
other document, such as an I-797C Notice of Action, to prove that they 
qualify for this extension. However, 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, show you are authorized to work based on TPS or 
other status, and/or that may be used by DHS to determine whether you 
have TPS or other immigration status. Examples of such documents are:
     Your current EAD;
     A copy of your Form I-797C, Notice of Action, for your 
Form I-765 providing an automatic extension of your currently expired 
or expiring EAD;
     A copy of your Form I-797C, Notice of Action, for your 
Form I-821 for this re-registration;
     A copy of your Form I-797, the notice of approval, for a 
past or current Form I-821, if you received one from USCIS; and
     Any other relevant DHS-issued document that indicates your 
immigration status or authorization to be in the United States, or that 
may be used by DHS to determine whether you have such status or 
authorization to remain in the United States.
    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 alien has TPS, each agency's 
procedures govern whether they will accept an unexpired EAD, I-797, or 
I-94. You should:
    a. 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;
    b. Explain that SAVE will be able to verify the continuation of 
your TPS using this information; and
    c. 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 validity of your 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 
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 appointment for an in-person interview at a local USCIS 
office. Detailed information on how to make corrections or update your 
immigration record, 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 www.uscis.gov/save.

[FR Doc. 2020-04355 Filed 2-28-20; 8:45 am]
 BILLING CODE 9111-97-P