Extension of the Designation of South Sudan for Temporary Protected Status, 69344-69351 [2020-24238]

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[FR Doc. 2020–24180 Filed 10–30–20; 8:45 am] BILLING CODE 9110–05–P Penalty proposed/assessed DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services jbell on DSKJLSW7X2PROD with NOTICES [CIS No. 2673–20; DHS Docket No. USCIS– 2014–0004] RIN 1615–ZB79 Extension of the Designation of South Sudan for Temporary Protected Status U.S. Citizenship and Immigration Services, Department of Homeland Security. AGENCY: VerDate Sep<11>2014 20:55 Oct 30, 2020 Jkt 253001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). None (Warning Notice). $3,000/$500. $250/$250. None (Warning Notice). None (Warning Notice). None (Warning Notice). $1,140/$1,140. $4,000/$1,000. Pending. $250/Pending. $1,120/$1,120. $1,120/$1,120. $1,120/$1,120. $560/$560. None (Warning Notice). None (Warning Notice). $3,420/$500. None (Warning Notice). $4,000/$4,000. Pending. Pending. $1,120/$1,120. None (Warning Notice). $1,120/$560. $250/Pending. $1,120/$1,120. $1,120/None (Consent Order). $1,120/$1,120. None (Warning Notice). $1,120/$1,120. $2,235/$1,000. $22,820/$13,000. None (Letter of Correction). None (Warning Notice). None (Warning Notice). None (Notice of Noncompliance). None (Letter of Correction). None (Notice of Noncompliance). ACTION: Notice. Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of South Sudan for Temporary Protected Status (TPS) for 18 months, from November 3, 2020, through May 2, 2022. The extension allows currently eligible TPS beneficiaries to retain TPS through May 2, 2022, so long as they otherwise continue to meet the eligibility requirements for TPS. This notice also SUMMARY: E:\FR\FM\02NON1.SGM 02NON1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices sets forth procedures necessary for nationals of South Sudan (or aliens having no nationality who last habitually resided in South Sudan) 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 May 2, 2022, expiration date to eligible beneficiaries under South Sudan’s TPS designation who timely re-register and apply for EADs under this extension. DATES: Extension of Designation of South Sudan for TPS: The 18-month extension of the TPS designation of South Sudan is effective November 3, 2020, and will remain in effect through May 2, 2022. The 60-day re-registration period runs from November 2, 2020 through January 4, 2021. (Note: It is important for re-registrants to timely reregister 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 reregistration process and additional information on eligibility, please visit the USCIS TPS web page at www.uscis.gov/tps. You can find specific information about this extension of South Sudan’s TPS designation by selecting ‘‘South Sudan’’ 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 visit the USCIS Contact Center at uscis.gov/contactcenter. • 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 VerDate Sep<11>2014 20:55 Oct 30, 2020 Jkt 253001 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 South Sudan (or aliens having no nationality who last habitually resided in South Sudan) to re-register for TPS and to apply for renewal of their EADs with USCIS. Reregistration is limited to aliens who have previously registered for TPS under the designation of South Sudan and whose applications have been granted. For aliens who have already been granted TPS under South Sudan’s designation, the 60-day re-registration period runs from November 2, 2020 through January 4, 2021. USCIS will issue new EADs with a May 2, 2022, expiration date to eligible South Sudanese TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, DHS recognizes that all reregistrants may not receive new EADs before their current EADs expire on November 2, 2020. Accordingly, through this Federal Register notice, DHS automatically extends the validity of these EADs previously issued under the TPS designation of South Sudan for 180 days, through May 1, 2021. Therefore, TPS beneficiaries can show their EADs with (1) a November 2, 2020 expiration date and (2) an A–12 or C– 19 category code as proof of continued employment authorization through May 1, 2021. 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 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 69345 USCIS Systematic Alien Verification for Entitlements (SAVE) processes. Aliens who have a South Sudan-based Application for Temporary Protected Status (Form I–821) and/or Application for Employment Authorization (Form I– 765) that was still pending as of November 2, 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 May 2, 2022. 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 98 beneficiaries under South Sudan’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. Upon return from such authorized travel, TPS beneficiaries retain the same immigration status they had prior to the travel. • 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: Æ 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 Æ 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 South Sudan designated for TPS? South Sudan was initially designated on October 13, 2011, on the dual bases of ongoing armed conflict and extraordinary and temporary conditions in South Sudan that prevented nationals E:\FR\FM\02NON1.SGM 02NON1 69346 Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices of South Sudan from safely returning. See Designation of Republic of South Sudan for Temporary Protected Status, 76 FR 63629 (Oct. 13, 2011). Following the initial designation, the Secretary extended and newly designated South Sudan for TPS in 2013, 2014, and 2016. See Extension and Redesignation of South Sudan for Temporary Protected Status, 78 FR 1866 (Jan. 9, 2013); Extension and Redesignation of South Sudan for Temporary Protected Status, 79 FR 52019 (Sept. 2, 2014); Extension and Redesignation of South Sudan for Temporary Protected Status, 81 FR 4051 (Jan. 25, 2016). In 2017, DHS extended TPS for South Sudan, based on ongoing armed conflict and extraordinary and temporary conditions. See Extension of South Sudan for Temporary Protected Status, 82 FR 44205 (Sept. 21, 2017). Most recently, in 2019, the Secretary extended South Sudan’s TPS designation for 18 months, based on ongoing armed conflict and extraordinary and temporary conditions. See Extension of the Designation of South Sudan for Temporary Protected Status, 84 FR 13688 (Apr. 5, 2019). What authority does the Secretary have to extend the designation of South Sudan for TPS? jbell on DSKJLSW7X2PROD with NOTICES 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. See id., INA section (b)(5)(A), 8 U.S.C. 1265a(b)(5)(A). 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). 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 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). VerDate Sep<11>2014 20:55 Oct 30, 2020 Jkt 253001 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 South Sudan through May 2, 2022? DHS has reviewed conditions in South Sudan. Based on the review, the Secretary has determined that an 18month extension is warranted because the ongoing armed conflict and extraordinary and temporary conditions supporting South Sudan’s TPS designation remain. On February 21, 2020, President Salva Kiir Mayardit dissolved the incumbent government and appointed the Chairman of the Sudan People’s Liberation Movement/Army-In Opposition (SPLM/A–IO), Riek Machar Teny, as First Vice-President, launching the formation of the Revitalized Transitional Government of National Unity. Despite a decrease in large-scale fighting and limited progress on the country’s political transition, ongoing armed conflict persists in several areas in South Sudan among both signatories and non-signatories to the peace agreement, according to the U.S. Department of State (DOS). DOS reported the continuing prevalance of incidents of armed groups attacking civilians—consistently the leading form of violence throughout the conflict. In addition, high military and ethnic militia mobilization, armed groups’ readiness to resort to violence, and a lack of accountability persist, according to DOS. Outbreaks of armed conflict in 2019 and 2020 among SPLM/A, SPLM/A–IO, and non-signatory groups included sporadic fighting in Central and Eastern Equatoria states, where hostilities contributed to the targeting of civilians through armed attacks, abductions, and kidnappings, according to the United Nations Panel of Experts on South Sudan. Fighting in Upper Nile state between SPLM/A and SPLM/A–IO PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 forces led to attacks against civilians, including murders, looting, and sexual violence, and provoked extensive civilian displacement. In Western Bahr el-Ghazal state, internal SPLM/A leadership disputes erupted, leading to conflict-related incidents of sexual violence and the kidnapping of civilians, according to United Nations reporting. In Warrap state, heavy clashes erupted between armed civilians and government forces carrying out a disarmament project, resulting in many deaths. Both DOS and the United Nations reported that the intensity of intercommunal violence increased in 2019 and 2020, as localized competition for resources was exacerbated by adverse weather conditions and struggles for dominance along ethnic, tribal, and subclan lines. Sexual and gender-based violence (SGBV) remains pervasive, with both state and non-state armed groups continuing to use SGBV as a weapon of war, according to DOS. SPLM/A and SPLM/A–IO forces continue to conscript children under 15 years of age into their ranks, according to the United Nations Commission on Human Rights in South Sudan. In 2019 and 2020, DOS and the United Nations Panel of Experts on South Sudan reported that state security forces suppressed political and civil activities, arbitrarily detaining civilians and engaging in torture and extrajudicial killings. South Sudan continues to experience serious humanitarian conditions, including significant levels of civilian displacement and food insecurity, significant impediments to humanitarian assistance, and a severe economic crisis, according to DOS. The United Nations estimates that 7.5 million people, over 60 percent of the South Sudan’s population, are dependent on humanitarian assistance. All of South Sudan continues to experience food insecurity and an estimated 6.5 million people, nearly 56 percent of the total population, are acutely food insecure, according to DOS. DOS reports that continued drought conditions in some parts of the country and flooding in other areas exacerbate food insecurity among conflict-affected populations. The total number of displaced individuals has slightly decreased since South Sudan’s 2019 TPS extension; however, conflict and intercommunal clashes continue to drive internal displacement, and insecurity remains a key concern for many displaced people, according to UNOCHA. Currently, nearly 3.9 million South Sudanese are displaced, a reduction of 330,000 since November 2018, when an estimated 4.2 E:\FR\FM\02NON1.SGM 02NON1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices million South Sudanese were reported displaced. 1.67 million South Sudanese are internally displaced, and an estimated 2.2 million South Sudanese are refugees or asylum-seekers in neighboring countries as of June 2020, according to the United Nations High Commissioner for Refugees (UNHCR). UNHCR reports 214,142 South Sudanese refugees have spontaneously returned since the revitalized peace agreement was signed in September 2018, although these returns significantly slowed in the first half of 2020 due to escalating intercommunal violence and COVID–19 border restrictions. According to DOS, the United Nations Mission in South Sudan (UNMISS) hosted more than 181,000 civilians at six civilian protection sites within UNMISS bases as of June 2020. After contracting for four consecutive years, South Sudan’s economy grew 3.2 percent in the 2018/19 Fiscal Year, largely due to a rebound in the oil sector, according to the World Bank. Nevertheless, oil sector shocks continue to impact the economy and the government’s ability to service debts and fulfill obligations. In August 2020, citing plummeting oil revenues, a senior Central Bank official reported that the government had run out of foreign exchange reserves. DOS assesses that South Sudan remains in a deep economic crisis, with further deterioration on the horizon. Over 88 percent of the population lives below the poverty line—an increase from 80 percent in 2016—and livelihoods remain concentrated in low productive, unpaid agriculture and pastoralist work. The rate of inflation increased from 40 percent in December 2018 to 86 percent in June 2019, according to World Bank estimates. The COVID–19 pandemic has contributed to further increases in the prices of basic food items and a reduction in food imports, according to the Assessment Capacities Project (ACAPS), a consortium of humanitarian non-profit organizations. Based upon this review, and after consultation with appropriate Government agencies, the Secretary has determined that: • The conditions supporting South Sudan’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 South Sudan and, due to such conflict, requiring the return to South Sudan of South Sudanese nationals (or aliens having no nationality who last habitually resided in South Sudan) would pose a serious threat to their personal safety. See INA VerDate Sep<11>2014 20:55 Oct 30, 2020 Jkt 253001 section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A). • There continue to be extraordinary and temporary conditions in South Sudan that prevent South Sudanese nationals (or aliens having no nationality who last habitually resided in South Sudan) from returning to South Sudan in safety, and it is not contrary to the national interest of the United States to permit South Sudanese 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 South Sudan for TPS should be extended for an 18month period, from November 3, 2020, through May 2, 2022. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). Notice of Extension of the TPS Designation of South Sudan By the authority vested in me as Secretary under INA section 244, 8 U.S.C. 1254a, I have determined, after consultation with the appropriate Government agencies, the conditions supporting South Sudan’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 South Sudan for 18 months, from November 3, 2020, through May 2, 2022. See INA section 244(b)(1)(A), (b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C). The Acting Secretary of Homeland Security, Chad F. Wolf, having reviewed and approved this document, has delegated the authority to electronically sign this document to Chad R. Mizelle, who is the Senior Official Performing the Duties of the General Counsel for DHS, for purposes of publication in the Federal Register. Chad R. Mizelle, Senior Official Performing the Duties of the General Counsel, U.S. Department of Homeland Security. Required Application Forms and Application Fees To Re-Register for TPS To re-register for TPS based on the designation of South Sudan, 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 South Sudan with the expiration date of November 2, 2020, is PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 69347 automatically extended for 180 days, through May 1, 2021. Although not required to do so, if you want to obtain a new EAD valid through May 2, 2022, 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) at that time, 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 November 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 May 2, 2022. 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 May 1, 2021. 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 E:\FR\FM\02NON1.SGM 02NON1 69348 Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices 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 reregistration 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 reregistration, 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. TABLE 1—MAILING ADDRESSES If you would like to send your application by: Then, mail your application to: U.S. Postal Service .................................................................................. U.S. Citizenship and Immigration Services, Attn: TPS South Sudan, P.O. Box 6943, Chicago, IL 60680–6943. U.S. Citizenship and Immigration Services, Attn: TPS South Sudan, 131 S Dearborn Street—3rd Floor, Chicago, IL 60603–5517. A non-U.S. Postal Service courier ........................................................... 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 reregistering 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 reregistering 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 ‘‘South Sudan.’’ Employment Authorization Document (EAD) jbell on DSKJLSW7X2PROD with NOTICES 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 visit the USCIS Contact Center at uscis.gov/contactcenter. If your Form I– 765 has been pending for more than 90 days, and you still need assistance, you may ask a question about your case online at egov.uscis.gov/e-request/ Intro.do or call the USCIS Contact Center at 800–375–5283 (TTY 800–767– 1833). VerDate Sep<11>2014 20:55 Oct 30, 2020 Jkt 253001 Am I eligible to receive an automatic 180-day extension of my current EAD through May 1, 2021, through this Federal Register notice? Yes. Provided that you currently have a South Sudan TPS-based EAD with a marked expiration date of November 2, 2020, bearing the notation A–12 or C– 19 on the face of the card under Category, this notice automatically extends your EAD through May 1, 2021. Although this Federal Register notice automatically extends your EAD through May 1, 2021, you must reregister timely for TPS in accordance with the procedures described in this Federal Register notice to maintain your TPS and employment authorization. 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 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 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 Document for a new job?’’ of this Federal Register notice for further information. If your EAD has an expiration date of November 2, 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 May 1, 2021, 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 Form I–9 using my automatically extended Employment Authorization Document 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. E:\FR\FM\02NON1.SGM 02NON1 Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices What documentation may I present to my employer for Form I–9 if I am already employed but my current TPSrelated 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 May 1, 2021. 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 May 1, 2021. Before you start work on May 2, 2021, 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 present and cannot reject an acceptable receipt. jbell on DSKJLSW7X2PROD with NOTICES Can my employer require that I provide any other documentation to prove my status, such as proof of my South Sudanese 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 VerDate Sep<11>2014 20:55 Oct 30, 2020 Jkt 253001 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 South Sudanese citizenship or proof of re-registration for TPS when completing Form I–9 for new hires or reverifying the employment authorization of current employees. If 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 Document for a new job? When using an automatically extended EAD to complete Form I–9 for a new job before May 2, 2021, for Section 1, you should: a. Check ‘‘An alien authorized to work until’’ and enter May 1, 2021 as the expiration date; and b. Enter your USCIS number or ANumber 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 autoextended by ensuring it is in Category A–12 or C–19 and has a Card Expires date of November 2, 2020; b. Write in the document title; c. Enter the issuing authority; d. Enter either the employee’s ANumber or USCIS number from Section 1 in the Document Number field on Form I–9; and e. Write May 1, 2021, as the expiration date. Before the start of work on May 2, 2021, 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 Document has been automatically extended? If you presented a TPS-related EAD that was valid when you first started PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 69349 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 November 2, 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 May 1, 2021, 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 180day automatic extension has ended, or the employee presents a new document to show continued employment authorization, whichever is sooner. By May 2, 2021, 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 EVerify 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 autoextension period for this EAD is about to expire. Before this employee starts work on May 2, 2021, you must reverify his or her employment authorization in Section 3 of Form I–9. Employers should not use E-Verify for reverification. E:\FR\FM\02NON1.SGM 02NON1 69350 Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices 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 I9Central@ dhs.gov. 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 IER@usdoj.gov. jbell on DSKJLSW7X2PROD with NOTICES Note to Employees For general questions about the employment eligibility verification process, employees may call USCIS at 888–897–7781 (TTY 877–875–6028) or email USCIS at I-9Central@dhs.gov. 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 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 VerDate Sep<11>2014 20:55 Oct 30, 2020 Jkt 253001 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 EVerify. A ‘‘Final Nonconfirmation’’ (FNC) case result is received when EVerify 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 EVerify 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.everify.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; PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 • 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, Form I–797, or Form I–94, Arrival/Departure Record. 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 A-number, USCIS number or Form 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 (A-number, USCIS number or Form I–94 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 SAVE response is correct, you may make an appointment for an in-person E:\FR\FM\02NON1.SGM 02NON1 Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Notices 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. 2020–24238 Filed 10–30–20; 8:45 am] BILLING CODE 9111–97–P business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question. You will receive a reply during normal business hours. Individuals who need special assistance, such as sign language interpretation or other reasonable accommodations, should contact Dolores Garcia no later than 2 weeks before the start of the meeting. The 15member RAC advises the Secretary of the Interior, through the BLM, on a variety of planning and management issues associated with public land management in Arizona. Agenda items will include orientation for newly appointed members; updates on BLM project work in compliance with Department of the Interior priorities and Secretary’s Orders; resource management updates, including the latest initiatives; District updates; and public comment periods. The final agenda will be posted on the BLM Arizona RAC website (see ADDRESSES.) The public may address the RAC on BLM-related topics during the public comment portion of the virtual meeting on November 30 and December 1, or by submitting a written statement to the contact listed in the ADDRESSES section prior to the meetings. Depending on the number of persons wishing to speak, and the time available, the time for individual comments may be limited. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLAZ910000.L12100000.XP0000 19X 6100.241A] Arizona Resource Advisory Council Meeting Bureau of Land Management, Interior. ACTION: Notice of public meeting. AGENCY: In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972; the U.S. Department of the Interior, Bureau of Land Management (BLM) will hold a virtual public meeting of the Arizona Resource Advisory Council (RAC). DATES: The RAC will hold a two-day virtual public meeting on November 30 and December 1, 2020. The November 30 meeting will begin at 8:30 a.m. and adjourn at approximately 2 p.m. The December 1 meeting will begin at 8:30 a.m. and adjourn at approximately 3 p.m. Each day will begin at 8:00 a.m. to allow for check-in and technical assistance with the virtual platform. ADDRESSES: The meeting will be held virtually. The meeting link(s) will be made available at least one week before the meeting dates on the RAC’s website, https://www.blm.gov/get-involved/ resource-advisory-council/near-you/ arizona. Written comments may be submitted in advance to Dolores Garcia, Public Affairs Specialist, BLM Arizona State Office, One North Central Avenue, Suite 800, Phoenix, Arizona 85004– 4427; or by email to dagarcia@blm.gov. All comments received will be provided to the Arizona RAC. FOR FURTHER INFORMATION CONTACT: Dolores Garcia, Public Affairs Specialist, by mail at the BLM Arizona State Office, One North Central Avenue, Suite 800, Phoenix, Arizona, 85004–4427; by telephone at 602–417–9241; or by email at dagarcia@blm.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1–800–877–8339 to contact Ms. Garcia during normal jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 21:41 Oct 30, 2020 Jkt 253001 Authority: 43 CFR 1784.4–2. Raymond Suazo, Arizona State Director. [FR Doc. 2020–24233 Filed 10–30–20; 8:45 am] BILLING CODE 4310–12–P PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 69351 DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLAK930000.L51010000.FP0000. LVRWL14L0740] Notice of Availability of the Record of Decision for the Proposed Willow Master Development Plan Project, Alaska Bureau of Land Management, Interior ACTION: Notice of availability. AGENCY: The Bureau of Land Management (BLM), Alaska State Office, announces the availability of the Record of Decision (ROD) for the Final Environmental Impact Statement (EIS) for the Willow Master Development Plan (MDP) Project. The ROD includes a deferral on a decision for drill sites 4 and 5 and associated gravel roads and pipelines, at the request of the project proponent. The ROD constitutes the final decision of the BLM on the remainder of the project and completes the required National Environmental Policy Act process for subsequent issuance of appropriate BLM rights-ofway grant, permits to drill, and other authorizations necessary for initial development of the Willow MDP Project. SUMMARY: Requests for information regarding the ROD may be mailed to: Willow Master Development plan EIS, Attn: Racheal Jones, 222 West 7th Avenue, #13, Anchorage, AK 99513– 7504. The ROD is available on the BLMAlaska website at https://www.blm.gov/ alaska. Copies may be requested by calling Racheal Jones, BLM’s project manager, at 907–290–0307. FOR FURTHER INFORMATION CONTACT: Racheal Jones, BLM Alaska State Office, telephone: 907–290–0307, email: rajones@blm.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1–800–877–8339 to contact Ms. Jones during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The Final EIS for the MDP Project was issued on August 13, 2020, and evaluated four alternatives, including a no-action alternative. The ROD adopts Alternative B and module delivery Option 3 as described in the Final EIS, subject to minor modifications and clarifications described in the ROD. The ROD constitutes the final decision of the BLM and DOI except for ADDRESSES: E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69344-69351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24238]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2673-20; DHS Docket No. USCIS-2014-0004]
RIN 1615-ZB79


Extension of the Designation of South Sudan 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 South Sudan for Temporary Protected Status 
(TPS) for 18 months, from November 3, 2020, through May 2, 2022. The 
extension allows currently eligible TPS beneficiaries to retain TPS 
through May 2, 2022, so long as they otherwise continue to meet the 
eligibility requirements for TPS. This notice also

[[Page 69345]]

sets forth procedures necessary for nationals of South Sudan (or aliens 
having no nationality who last habitually resided in South Sudan) 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 May 2, 2022, expiration date to eligible 
beneficiaries under South Sudan's TPS designation who timely re-
register and apply for EADs under this extension.

DATES: Extension of Designation of South Sudan for TPS: The 18-month 
extension of the TPS designation of South Sudan is effective November 
3, 2020, and will remain in effect through May 2, 2022. The 60-day re-
registration period runs from November 2, 2020 through January 4, 2021. 
(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 www.uscis.gov/tps. You can find 
specific information about this extension of South Sudan's TPS 
designation by selecting ``South Sudan'' 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 visit the USCIS Contact Center at 
uscis.gov/contactcenter.
     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 South Sudan (or aliens having no nationality who 
last habitually resided in South Sudan) 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 South Sudan and whose applications have been granted.
    For aliens who have already been granted TPS under South Sudan's 
designation, the 60-day re-registration period runs from November 2, 
2020 through January 4, 2021. USCIS will issue new EADs with a May 2, 
2022, expiration date to eligible South Sudanese 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 November 2, 2020. Accordingly, through this Federal Register 
notice, DHS automatically extends the validity of these EADs previously 
issued under the TPS designation of South Sudan for 180 days, through 
May 1, 2021. Therefore, TPS beneficiaries can show their EADs with (1) 
a November 2, 2020 expiration date and (2) an A-12 or C-19 category 
code as proof of continued employment authorization through May 1, 
2021. 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 South Sudan-based Application for Temporary 
Protected Status (Form I-821) and/or Application for Employment 
Authorization (Form I-765) that was still pending as of November 2, 
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 May 2, 2022. 
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 98 beneficiaries under South 
Sudan'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. Upon return from such 
authorized travel, TPS beneficiaries retain the same immigration status 
they had prior to the travel.
     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 South Sudan designated for TPS?

    South Sudan was initially designated on October 13, 2011, on the 
dual bases of ongoing armed conflict and extraordinary and temporary 
conditions in South Sudan that prevented nationals

[[Page 69346]]

of South Sudan from safely returning. See Designation of Republic of 
South Sudan for Temporary Protected Status, 76 FR 63629 (Oct. 13, 
2011). Following the initial designation, the Secretary extended and 
newly designated South Sudan for TPS in 2013, 2014, and 2016. See 
Extension and Redesignation of South Sudan for Temporary Protected 
Status, 78 FR 1866 (Jan. 9, 2013); Extension and Redesignation of South 
Sudan for Temporary Protected Status, 79 FR 52019 (Sept. 2, 2014); 
Extension and Redesignation of South Sudan for Temporary Protected 
Status, 81 FR 4051 (Jan. 25, 2016). In 2017, DHS extended TPS for South 
Sudan, based on ongoing armed conflict and extraordinary and temporary 
conditions. See Extension of South Sudan for Temporary Protected 
Status, 82 FR 44205 (Sept. 21, 2017). Most recently, in 2019, the 
Secretary extended South Sudan's TPS designation for 18 months, based 
on ongoing armed conflict and extraordinary and temporary conditions. 
See Extension of the Designation of South Sudan for Temporary Protected 
Status, 84 FR 13688 (Apr. 5, 2019).

What authority does the Secretary have to extend the designation of 
South Sudan 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. See id., INA section (b)(5)(A), 8 U.S.C. 
1265a(b)(5)(A). 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).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 South Sudan 
through May 2, 2022?

    DHS has reviewed conditions in South Sudan. 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 South Sudan's TPS designation remain.
    On February 21, 2020, President Salva Kiir Mayardit dissolved the 
incumbent government and appointed the Chairman of the Sudan People's 
Liberation Movement/Army-In Opposition (SPLM/A-IO), Riek Machar Teny, 
as First Vice-President, launching the formation of the Revitalized 
Transitional Government of National Unity. Despite a decrease in large-
scale fighting and limited progress on the country's political 
transition, ongoing armed conflict persists in several areas in South 
Sudan among both signatories and non-signatories to the peace 
agreement, according to the U.S. Department of State (DOS). DOS 
reported the continuing prevalance of incidents of armed groups 
attacking civilians--consistently the leading form of violence 
throughout the conflict. In addition, high military and ethnic militia 
mobilization, armed groups' readiness to resort to violence, and a lack 
of accountability persist, according to DOS.
    Outbreaks of armed conflict in 2019 and 2020 among SPLM/A, SPLM/A-
IO, and non-signatory groups included sporadic fighting in Central and 
Eastern Equatoria states, where hostilities contributed to the 
targeting of civilians through armed attacks, abductions, and 
kidnappings, according to the United Nations Panel of Experts on South 
Sudan. Fighting in Upper Nile state between SPLM/A and SPLM/A-IO forces 
led to attacks against civilians, including murders, looting, and 
sexual violence, and provoked extensive civilian displacement. In 
Western Bahr el-Ghazal state, internal SPLM/A leadership disputes 
erupted, leading to conflict-related incidents of sexual violence and 
the kidnapping of civilians, according to United Nations reporting. In 
Warrap state, heavy clashes erupted between armed civilians and 
government forces carrying out a disarmament project, resulting in many 
deaths. Both DOS and the United Nations reported that the intensity of 
intercommunal violence increased in 2019 and 2020, as localized 
competition for resources was exacerbated by adverse weather conditions 
and struggles for dominance along ethnic, tribal, and subclan lines.
    Sexual and gender-based violence (SGBV) remains pervasive, with 
both state and non-state armed groups continuing to use SGBV as a 
weapon of war, according to DOS. SPLM/A and SPLM/A-IO forces continue 
to conscript children under 15 years of age into their ranks, according 
to the United Nations Commission on Human Rights in South Sudan. In 
2019 and 2020, DOS and the United Nations Panel of Experts on South 
Sudan reported that state security forces suppressed political and 
civil activities, arbitrarily detaining civilians and engaging in 
torture and extrajudicial killings.
    South Sudan continues to experience serious humanitarian 
conditions, including significant levels of civilian displacement and 
food insecurity, significant impediments to humanitarian assistance, 
and a severe economic crisis, according to DOS. The United Nations 
estimates that 7.5 million people, over 60 percent of the South Sudan's 
population, are dependent on humanitarian assistance. All of South 
Sudan continues to experience food insecurity and an estimated 6.5 
million people, nearly 56 percent of the total population, are acutely 
food insecure, according to DOS. DOS reports that continued drought 
conditions in some parts of the country and flooding in other areas 
exacerbate food insecurity among conflict-affected populations.
    The total number of displaced individuals has slightly decreased 
since South Sudan's 2019 TPS extension; however, conflict and 
intercommunal clashes continue to drive internal displacement, and 
insecurity remains a key concern for many displaced people, according 
to UNOCHA. Currently, nearly 3.9 million South Sudanese are displaced, 
a reduction of 330,000 since November 2018, when an estimated 4.2

[[Page 69347]]

million South Sudanese were reported displaced. 1.67 million South 
Sudanese are internally displaced, and an estimated 2.2 million South 
Sudanese are refugees or asylum-seekers in neighboring countries as of 
June 2020, according to the United Nations High Commissioner for 
Refugees (UNHCR). UNHCR reports 214,142 South Sudanese refugees have 
spontaneously returned since the revitalized peace agreement was signed 
in September 2018, although these returns significantly slowed in the 
first half of 2020 due to escalating intercommunal violence and COVID-
19 border restrictions. According to DOS, the United Nations Mission in 
South Sudan (UNMISS) hosted more than 181,000 civilians at six civilian 
protection sites within UNMISS bases as of June 2020.
    After contracting for four consecutive years, South Sudan's economy 
grew 3.2 percent in the 2018/19 Fiscal Year, largely due to a rebound 
in the oil sector, according to the World Bank. Nevertheless, oil 
sector shocks continue to impact the economy and the government's 
ability to service debts and fulfill obligations. In August 2020, 
citing plummeting oil revenues, a senior Central Bank official reported 
that the government had run out of foreign exchange reserves.
    DOS assesses that South Sudan remains in a deep economic crisis, 
with further deterioration on the horizon. Over 88 percent of the 
population lives below the poverty line--an increase from 80 percent in 
2016--and livelihoods remain concentrated in low productive, unpaid 
agriculture and pastoralist work. The rate of inflation increased from 
40 percent in December 2018 to 86 percent in June 2019, according to 
World Bank estimates. The COVID-19 pandemic has contributed to further 
increases in the prices of basic food items and a reduction in food 
imports, according to the Assessment Capacities Project (ACAPS), a 
consortium of humanitarian non-profit organizations.
    Based upon this review, and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     The conditions supporting South Sudan'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 South 
Sudan and, due to such conflict, requiring the return to South Sudan of 
South Sudanese nationals (or aliens having no nationality who last 
habitually resided in South Sudan) 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 South Sudan that prevent South Sudanese nationals (or 
aliens having no nationality who last habitually resided in South 
Sudan) from returning to South Sudan in safety, and it is not contrary 
to the national interest of the United States to permit South Sudanese 
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 South Sudan for TPS should be extended 
for an 18-month period, from November 3, 2020, through May 2, 2022. See 
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

Notice of Extension of the TPS Designation of South Sudan

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate Government agencies, the conditions supporting South 
Sudan'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 South 
Sudan for 18 months, from November 3, 2020, through May 2, 2022. See 
INA section 244(b)(1)(A), (b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), 
(b)(1)(C).
    The Acting Secretary of Homeland Security, Chad F. Wolf, having 
reviewed and approved this document, has delegated the authority to 
electronically sign this document to Chad R. Mizelle, who is the Senior 
Official Performing the Duties of the General Counsel for DHS, for 
purposes of publication in the Federal Register.

Chad R. Mizelle,
Senior Official Performing the Duties of the General Counsel, U.S. 
Department of Homeland Security.

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

    To re-register for TPS based on the designation of South Sudan, 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 South Sudan with the expiration date of 
November 2, 2020, is automatically extended for 180 days, through May 
1, 2021. Although not required to do so, if you want to obtain a new 
EAD valid through May 2, 2022, 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) at that 
time, 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 November 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 May 2, 2022. 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 May 1, 2021.
    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

[[Page 69348]]

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.

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

    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the 
BIA, please mail your application to the appropriate 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 
``South Sudan.''

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 visit the USCIS Contact Center at 
uscis.gov/contactcenter. If your Form I-765 has been pending for more 
than 90 days, and you still need assistance, you may ask a question 
about your case online at egov.uscis.gov/e-request/Intro.do or call the 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).

Am I eligible to receive an automatic 180-day extension of my current 
EAD through May 1, 2021, through this Federal Register notice?

    Yes. Provided that you currently have a South Sudan TPS-based EAD 
with a marked expiration date of November 2, 2020, bearing the notation 
A-12 or C-19 on the face of the card under Category, this notice 
automatically extends your EAD through May 1, 2021. Although this 
Federal Register notice automatically extends your EAD through May 1, 
2021, you must re-register timely for TPS in accordance with the 
procedures described in this Federal Register notice to maintain your 
TPS and employment authorization.

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 Document for a new job?'' of this 
Federal Register notice for further information. If your EAD has an 
expiration date of November 2, 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 
May 1, 2021, 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 Form I-9 using my automatically extended Employment 
Authorization Document 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.

[[Page 69349]]

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 
May 1, 2021. 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 May 1, 
2021. Before you start work on May 2, 2021, 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 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 South Sudanese 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 South Sudanese citizenship or proof of re-registration for TPS 
when completing Form I-9 for new hires or reverifying the employment 
authorization of current employees. If 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 Document for a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before May 2, 2021, for Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter May 1, 
2021 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 November 2, 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 May 1, 2021, as the expiration date.
    Before the start of work on May 2, 2021, 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 Document 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 November 2, 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 May 1, 2021, 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 May 2, 2021, 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 May 2, 2021, you must reverify his or her 
employment authorization in Section 3 of Form I-9. Employers should not 
use E-Verify for reverification.

[[Page 69350]]

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 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, Form I-
797, or Form I-94, Arrival/Departure Record. 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 A-number, USCIS number or 
Form 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 (A-number, USCIS number or Form I-94 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 SAVE response is correct, you may make an appointment 
for an in-person

[[Page 69351]]

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. 2020-24238 Filed 10-30-20; 8:45 am]
BILLING CODE 9111-97-P