Extension of the Designation of Somalia for Temporary Protected Status, 14229-14235 [2020-04976]

Agencies

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

[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14229-14235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04976]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2663-20; DHS Docket No. USCIS-2013-0006]
RIN 1615-ZB77


Extension of the Designation of Somalia 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 Somalia for Temporary Protected Status 
(TPS) for 18 months, from March 18, 2020, through September 17, 2021. 
The extension allows currently eligible TPS beneficiaries to retain TPS 
through September 17, 2021, so long as they otherwise continue to meet 
the eligibility requirements for TPS. This notice also sets forth 
procedures necessary for nationals of Somalia (or aliens having no 
nationality who last habitually resided in Somalia) 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 17, 2021, expiration date to eligible 
beneficiaries under Somalia's TPS designation who timely re-register 
and apply for EADs under this extension.

DATES: Extension of Designation of Somalia for TPS: The 18-month 
extension of the TPS designation of Somalia is effective March 18, 
2020, and will remain in effect through September 17, 2021. The 60-day 
re-registration period runs from March 11, 2020 through May 11, 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

[[Page 14230]]

the USCIS TPS web page at www.uscis.gov/tps. You can find specific 
information about this extension of Somalia's TPS designation by 
selecting ``Somalia'' 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 Somalia (or aliens having no nationality who last 
habitually resided in Somalia) to re-register for TPS and to apply for 
renewal of their EADs with USCIS. Re-registration is limited to aliens 
who have previously registered for TPS under the designation of Somalia 
and whose applications have been granted.
    For aliens who have already been granted TPS under Somalia's 
designation, the 60-day re-registration period runs from March 11, 2020 
through May 11, 2020. USCIS will issue new EADs with a September 17, 
2021, expiration date to eligible Somali 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 17, 2020. Accordingly, through this Federal Register 
notice, DHS automatically extends the validity of these EADs previously 
issued under the TPS designation of Somalia for 180 days, through 
September 13, 2020. Therefore, TPS beneficiaries who have EADs with: 
(1) A March 17, 2020 expiration date and (2) an A-12 or C-19 category 
code, can show these EADs as proof of continued employment 
authorization through September 13, 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 Somalia-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 11, 2020 do not need to 
file either application again. If USCIS approves an alien's Form I-821, 
USCIS will grant the alien TPS through September 17, 2021. Similarly, 
if USCIS approves a pending TPS-related Form I-765, USCIS will issue 
the alien a new EAD that will be valid through the same date. There are 
currently approximately 454 beneficiaries under Somalia'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 Immigration and 
Nationality Act (INA), or to eligible aliens 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 Somalia designated for TPS?

    Somalia was initially designated on September 16, 1991, on the 
basis of extraordinary and temporary conditions in Somalia that 
prevented nationals of Somalia from safely returning. See Designation 
of Nationals of Somalia for Temporary Protected Status, 56 FR 46804 
(Sept. 16, 1991). Somalia's designation for TPS has been consecutively 
extended by multiple Administrations since its initial designation in 
1991. Additionally, Somalia was newly designated for TPS in 2001, based 
on new extraordinary and temporary conditions. See Extension and 
Redesignation of Somalia under Temporary Protected Status Program, 66 
FR 46288 (Sept. 4, 2001). In 2012, Somalia was again newly designated 
for TPS on the basis of extraordinary and temporary conditions and 
under the separate basis of ongoing armed conflict. See Extension and 
Redesignation of Somalia for Temporary Protected Status, 77 FR 25723 
(May 1, 2012). Somalia's 2012 TPS designation was subsequently extended 
in 2013, 2015, 2107, and 2018. See Extension of the Designation of 
Somalia for Temporary Protected Status, 83 FR 43695 (Aug. 27, 2018).

What authority does the Secretary have to extend the designation of 
Somalia 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

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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 Somalia through 
September 17, 2021?

    DHS has reviewed conditions in Somalia. Based on the review, the 
Secretary has determined that an 18-month extension is warranted 
because the ongoing armed conflict and extraordinary and temporary 
conditions supporting Somalia's TPS designation remain.
    Despite Somalia's peaceful political transition in 2017, the 
country is currently a terrorist safe haven, and the security situation 
remains volatile, with armed conflict continuing in 2018 and 2019. 
Civilians in Somalia continue to be displaced, injured, and killed as a 
result of conflicts involving government forces, clan militias, the 
African Union Mission in Somalia (AMISOM), al Shabaab, and a splinter 
group of the self-described Islamic State (IS-Somalia). The United 
States has provided significant support for AMISOM and Somali efforts 
to counter al Shabaab, and U.S. military personnel advise, assist, and 
accompany regional forces during counterterrorism operations. U.S. air 
strikes in Somalia against members of al Qaeda and al Shabaab continued 
in 2018 and 2019 as well. Al Shabaab currently controls many rural 
areas in Somalia. IS-Somalia expanded activities in 2018 from its 
primary base in Somalia's Puntland region, establishing influence in 
Mogadishu. Both al Shabaab and IS-Somalia used a range of asymmetric 
tactics against AMISOM and Somali security forces, members of 
parliament, and other government personnel, as well as soft targets 
such as hotels, restaurants, and cafes. Al Shabaab launched multiple, 
often coordinated attacks on a regular basis throughout the country, 
using suicide bombers, Vehicle Borne Improvised Explosive Devices, 
ambush-style raids, targeted killings, and mortar attacks. On December 
28, 2019, al Shabaab launched a suicide car bomb attack in Mogadishu. 
At least 79 civilians, including many students, were killed and at 
least 90 were wounded. It was reportedly the worst terrorist attack in 
Mogadishu since 2017. IS-Somalia carried out a number of roadside 
Improvised Explosive Device and small arms attacks, suicide bombings, 
and targeted killings, primarily in Bosasso in Puntland and the Bakara 
Market area of Mogadishu, as well as in smaller towns. The United 
Nations Assistance Mission in Somalia reported 982 civilian casualties 
from January-October 2018, over half from al Shabaab attacks.
    Civilians continue to suffer human rights abuses and violations, 
including those involving unlawful or arbitrary killings by security 
forces, clan militias, and unknown assailants; forced disappearances; 
torture; arbitrary and politically motivated arrests and detentions; 
forced evictions; sexual abuse; and the forced recruitment of children. 
Civilian movements are severely limited in many areas of the country 
due to regular and active hostilities or military operations, and al 
Shabaab restrictions on civilians leaving territory under its control.
    According to a needs assessment conducted by the United Nations 
Office for the Coordination of Humanitarian Affairs (UNOCHA), 
approximately 4.2 million Somalis--37 percent of the country's 
estimated population of 11.3 million--required humanitarian assistance 
in 2019. UNOCHA reported that this represents a reduction as compared 
to previously reported figures, which UNOCHA attributed to improvements 
in the humanitarian situation, a more focused definition of 
humanitarian needs, and a change in how humanitarian needs are 
calculated.
    As of December 2019, more than 2.6 million people in Somalia were 
displaced, representing an increase of more than 500,000 from the 2.1 
million reported displaced as of April 2018, according to the United 
Nations High Commissioner for Refugees (UNHCR). Forced evictions, fed 
by growing population density and rising property prices, as well as 
weak land tenure protections, continue to negatively affect displaced 
populations in Somalia. According to the U.S. Department of State (DOS) 
2018 Human Rights Report for Somalia, more than 204,000 displaced 
individuals were forced from their places of shelter in 2018, further 
undermining humanitarian efforts. 173,255 people were evicted from 
January-August 2019, with the majority of evictions taking place in 
Mogadishu.
    According to UNHCR, there were 752,038 Somali refugees in 
neighboring countries as of December 2019. This is a decrease of more 
than 66,000 from the 819,000 reported refugees in neighboring countries 
as of May 2018. Since December 2014, more than 91,000 Somali refugees 
have voluntarily returned to Somalia with the assistance of UNHCR from 
countries including Djibouti, Eritrea, Kenya, Libya, Sudan, and Yemen. 
In addition, some 38,000 Somali nationals who had been in Yemen have 
returned to Somalia since March 2015. According to UNHCR, Somalia 
hosted 35,523 refugees and asylum seekers, mainly from Ethiopia 
(21,707) and Yemen (13,259).
    Access to medical care continued to worsen in 2018 due to 
widespread violence, and Somalia's health system remains fragmented, 
under-resourced, and ill-equipped to provide lifesaving and 
preventative services. Three million people in Somalia require urgent 
and essential healthcare services, according to UNOCHA. Women and 
children are particularly exposed to elevated health risks--Somalia has 
the world's highest child mortality rate and faces the sixth highest 
lifetime maternal death risk in the world, also according to UNOCHA.
    Somalia experienced signs of economic recovery in 2018. Both the 
World Bank and the International Monetary Fund reported Gross Domestic 
Product growth of 2.8 percent. The World Bank projects further growth 
of 3.0 to 3.5 percent in 2019 and 2020. Nevertheless, an estimated 69 
percent of Somalia's population lives in poverty, the sixth highest 
poverty rate of all countries in the world. In 2018, average

[[Page 14232]]

per capita income was $332 U.S. dollars per year, according to the 
World Bank.
    Based upon this review, and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     The conditions supporting Somalia'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 Somalia 
and, due to such conflict, requiring the return to Somalia of Somali 
nationals (or aliens having no nationality who last habitually resided 
in Somalia) 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 Somalia that prevent Somali nationals (or aliens having 
no nationality who last habitually resided in Somalia) from returning 
to Somalia in safety, and it is not contrary to the national interest 
of the United States to permit Somali 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 Somalia for TPS should be extended for 
an 18-month period, from March 18, 2020, through September 17, 2021. 
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

Notice of Extension of the TPS Designation of Somalia

    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 Somalia'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 Somalia for 18 months, 
from March 18, 2020, through September 17, 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 Somalia, 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 Somalia with the expiration date of March 
17, 2020, is automatically extended for 180 days, through September 13, 
2020. Although not required to do so, if you want to obtain a new EAD 
valid through September 17, 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.
    If you have a Form I-821 and/or Form I-765 that was still pending 
as of March 11, 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 17, 2021. Similarly, if USCIS approves your 
pending TPS-related Form I-765, 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 September 13, 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. As previously stated, if you are unable to pay the 
biometric services fee, you may complete a Request for Fee Waiver (Form 
I-912). 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 can 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.

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                       Table 1--Mailing Addresses
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     If you would like to send your      Then, mail your application to:
            application by:
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U.S. Postal Service....................  U.S. Citizenship and
                                          Immigration Services, Attn:
                                          TPS Somalia, P.O. Box 6943,
                                          Chicago, IL 60680-6943.
A non-U.S. Postal Service courier......  U.S. Citizenship and
                                          Immigration Services, Attn:
                                          TPS Somalia, 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 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 
``Somalia.''

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 180-day extension of my current 
EAD through September 13, 2020, through this Federal Register notice?

    Yes. Provided that you currently have a Somalia TPS-based EAD with 
a marked expiration date of March 17, 2020, bearing the notation A-12 
or C-19 on the face of the card under Category, this notice 
automatically extends your EAD through September 13, 2020. Although 
this Federal Register notice automatically extends your EAD through 
September 13, 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 17, 2020, 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 September 13, 
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 
17, 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 September 13, 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 
September 13, 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 September 
13, 2020. Before you start work on September 14, 2020, your employer is 
required by law to reverify your

[[Page 14234]]

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 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 Somali 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 Somali 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 September 14, 2020, for Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter September 
13, 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 17, 2020;
    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 September 13, 2020, as the expiration date.
    Before the start of work on September 14, 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 17, 2020. 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 September 13, 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 September 14, 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 has 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 September 14, 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]. 
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

[[Page 14235]]

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 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/ 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. 2020-04976 Filed 3-10-20; 8:45 am]
 BILLING CODE 9111-97-P