Designation of Venezuela for Temporary Protected Status and Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure, 13574-13581 [2021-04951]

Agencies

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

[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Notices]
[Pages 13574-13581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04951]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2682-21; DHS Docket No. USCIS-2021-0003]
RIN 1615-ZB86


Designation of Venezuela for Temporary Protected Status and 
Implementation of Employment Authorization for Venezuelans Covered by 
Deferred Enforced Departure

AGENCY: U.S. Citizenship and Immigration Services (USCIS), 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 
designating Venezuela for Temporary Protected Status (TPS) for 18 
months, effective March 9, 2021, through September 9, 2022. This notice 
also provides procedures for individuals who believe they are eligible 
for TPS under the designation of Venezuela to apply. This notice also 
provides information about Deferred Enforced Departure (DED) for 
eligible Venezuelan nationals (and persons without nationality who last 
habitually resided in Venezuela), and provides information on how 
eligible individuals may apply for DED-related EADs with USCIS, based 
on the January 19, 2021 memorandum from former President Donald Trump 
directing the Secretary to take appropriate measures for the 
implementation of DED for Venezuelan nationals for 18 months, through 
July 20, 2022 (see 86 FR 6845, dated January 25, 2021).
    Note: Individuals who apply for and receive TPS and who are also 
covered by DED do not need to apply for employment authorization under 
both programs. Individuals who apply for an EAD pursuant to their TPS 
application will receive an EAD with an expiration date of September 9, 
2022, that is eligible for renewal if the Secretary extends TPS for 
Venezuela after September 9, 2022, after determining that Venezuela 
continues to meet the conditions supporting its designation for TPS. 
Individuals who apply for an EAD pursuant to DED will receive an EAD 
with an expiration date of July 20, 2022. If the President does not 
direct an extension of the DED authorization, DED, and associated 
employment authorization, will end on July 20, 2022. USCIS encourages 
individuals who

[[Page 13575]]

believe they are eligible for TPS to file for the benefit during the 
initial registration period announced in this Notice, even if they are 
also covered by DED, in case they cannot qualify for TPS late initial 
filing under 8 CFR 244.2(f)(2) after DED has expired.

DATES: The designation of Venezuela for TPS is effective on March 9, 
2021, and will remain in effect for 18 months, through September 9, 
2022. The 180-day registration period for eligible individuals to 
submit TPS applications begins March 9, 2021, and will remain in effect 
through September 5, 2021. DED and employment authorization for 
noncitizens covered under DED for Venezuela is effective through July 
20, 2022.

FOR FURTHER INFORMATION CONTACT: 
     You may contact Maureen Dunn, Division Chief, Office of 
Policy and Strategy, U.S. Citizenship and Immigration Services, 
Department of Homeland Security, by mail at 5900 Capital Gateway Drive, 
Camp Springs, MD 20746, or by phone at 800-375-5283.
     For further information on TPS, including guidance on the 
registration process and additional information on eligibility, please 
visit the USCIS TPS web page at uscis.gov/tps. You can find specific 
information about Venezuela's TPS designation by selecting 
``Venezuela'' from the menu on the left side of the TPS web page.
     For further information on DED, including additional 
information on eligibility, please visit the USCIS DED web page at 
uscis.gov/humanitarian/temporary-protected-status/deferred-enforced-departure. You can find specific information about DED for Venezuela by 
selecting ``DED Granted Country: Venezuela'' from the menu on the left 
of the DED web page.
     If you have additional questions about DED or 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 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: Under section 244(b)(1)(C) of the 
Immigration and Nationality Act (INA), 8 U.S.C. 1254a(b)(1)(C), the 
Secretary is authorized to designate a foreign state (or any part 
thereof) for TPS upon finding that extraordinary and temporary 
conditions in the foreign state prevent its nationals from returning 
safely, unless permitting the foreign state's nationals to remain 
temporarily in the United States is contrary to the national interest 
of the United States. Regardless of an individual's country of birth, 
this designation allows eligible Venezuelan nationals (and noncitizens 
having no nationality who last habitually resided in Venezuela) who 
have continuously resided in the United States since March 8, 2021, and 
have been continuously physically present in the United States since 
March 9, 2021, to apply for TPS. This notice also describes the other 
eligibility criteria applicants must meet. Individuals who believe they 
may qualify for TPS under this designation may apply within the 180-day 
registration period that begins on March 9, 2021, and ends on September 
5, 2021. They may also apply for TPS-related Employment Authorization 
Documents (EADs) and for travel authorization.
    This notice also provides information about Deferred Enforced 
Departure (DED) for eligible Venezuelan nationals (and persons without 
nationality who last habitually resided in Venezuela), and provides 
information on how eligible individuals may apply for DED-related EADs 
with USCIS, based on the January 19, 2021 memorandum from former 
President Donald Trump directing the Secretary to take appropriate 
measures for the implementation of DED for Venezuelan nationals for 18 
months, through July 20, 2022 (see 86 FR 6845, dated January 25, 2021).

Table of Abbreviations

BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DED--Deferred Enforced Departure
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 (Approval Notice)
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
IER--U.S. Department of Justice Civil Rights Division, Immigrant and 
Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
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

Purpose of This Action (TPS)

    Through this notice, DHS sets forth procedures necessary for 
eligible nationals of Venezuela (or individuals having no nationality 
who last habitually resided in Venezuela) to submit an initial 
registration application under the designation of Venezuela for TPS and 
apply for an EAD. Under the designation, individuals must submit an 
initial Venezuela TPS application (Form I-821) and they may also submit 
an application for Employment Authorization (Form I-765), during the 
180-day initial registration period that runs from March 9, 2021, 
through September 5, 2021. In addition to demonstrating continuous 
residence in the United States since March 8, 2021, and meeting other 
eligibility criteria, initial applicants for TPS under this designation 
must demonstrate that they have been continuously physically present in 
the United States since March 9, 2021, the effective date of this 
designation of Venezuela, before USCIS may grant them TPS. USCIS 
estimates that approximately 323,000 individuals are eligible to file 
applications for TPS under the designation of Venezuela.

What is Temporary Protected Status (TPS)?

     TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the INA, or to eligible 
persons without nationality who last habitually resided in the 
designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to obtain EADs so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion. Upon return from such 
authorized travel, TPS beneficiaries retain the same immigration status 
they had before the travel.
    [cir] The granting of TPS does not result in or lead to lawful 
permanent resident status.

[[Page 13576]]

     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.

Why was Venezuela designated for TPS?

Overview

    Venezuela is currently facing a severe humanitarian emergency.\1\ 
Under Nicol[aacute]s Maduro's influence,\2\ the country ``has been in 
the midst of a severe political and economic crisis for several 
years.'' \3\ Venezuela's crisis has been marked by a wide range of 
factors, including: Economic contraction; inflation and hyperinflation; 
deepening poverty; high levels of unemployment; reduced access to and 
shortages of food and medicine; a severely weakened medical system; the 
reappearance or increased incidence of certain communicable diseases; a 
collapse in basic services; water, electricity, and fuel shortages; 
political polarization; institutional and political tensions; human 
rights abuses and repression; crime and violence; corruption; increased 
human mobility and displacement (including internal migration, 
emigration, and return); and the impact of the COVID-19 pandemic, among 
other factors.\4\
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    \1\ World Report 2021--Venezuela, Human Rights Watch, Jan. 2021.
    \2\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip, 
Margesson, Rhoda, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), Summary, Aug. 26, 2020.
    \3\ Venezuelan Humanitarian and Refugee Crisis, Center for 
Disaster Philanthropy, Jan. 18, 2021.
    \4\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip, 
Margesson, Rhoda, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), Summary, Aug. 26, 2020; 
Venezuelan Humanitarian and Refugee Crisis, Center for Disaster 
Philanthropy, Jan. 18, 2021; Venezuela: Complex Crisis--Overview, 
ACAPS, Jul. 27, 2020, https://www.acaps.org/country/venezuela/crisis/complex-crisis (last visited Feb. 2, 2021); Venezuela: 
Humanitarian Response Plan with Humanitarian Needs Overview 2020, 
United Nations Office for the Coordination of Humanitarian Affairs 
(UNOCHA), p.7-9, Jul. 2020; Detailed findings of the independent 
international factfinding mission on the Bolivarian Republic of 
Venezuela, United Nations Human Rights Council, p.27, Sep. 15, 2020; 
Conflictividad Social 2020 [Social Conflict 2020], Observatorio 
Venezolano de Conflictividad Social (OVCS), Jan. 25, 2021; Asmann, 
Parker, and Jones, Katie, InSight Crime's 2020 Homicide Round-Up, 
InSight Crime, Jan. 29, 2021; Venezuela 2020 Crime & Safety Report, 
Overseas Security Advisory Council (OSAC), U.S. Department of State, 
Jul. 21, 2020.
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Economic Crisis

    Venezuela continues to suffer from a severe economic crisis. The 
Congressional Research Service (CRS) reported in August 2020 that 
``Venezuela's economy has collapsed.'' With the largest proven oil 
reserves in the world, Venezuela had long been ``one of the most 
prosperous countries in South America.'' However, in 2014, the country 
entered into an ongoing ``economic recession marked by hyperinflation, 
shortages of basic goods and a collapse in public services such as 
electricity and water.'' Sources attribute Venezuela's economic crisis 
to a variety of factors, including: The crash of global oil prices; 
economic mismanagement; heavy government regulation of the economy and 
the private sector; corruption; and the impact of the COVID-19 
pandemic.

Political Crisis

    Venezuela continues to be impacted by a prolonged political crisis. 
Following a May 2018 electoral process that lacked legitimacy, but 
which Nicol[aacute]s Maduro claimed to have won, the United States and 
many other democracies recognized Juan Guaid[oacute] as the interim 
President of Venezuela. Maduro continued to exert control over all 
Venezuelan institutions after January 2019, aside from the legitimately 
elected, opposition-controlled 2015 National Assembly. In elections 
held on December 6, 2020--which were rejected by the Organization of 
American States, many governments, and other international 
organizations as fraudulent \5\--supporters of Maduro won a vast 
majority of seats in the National Assembly under manipulated electoral 
conditions. Maduro installed a new illegitimate purported National 
Assembly on January 5, 2021.
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    \5\ See Remarks by Bradley A. Freden, Deputy Permanent 
Representative of the United States OAS Permanent Council, OAS 
Resolution Condemns the Fraudulent Elections in Venezuela (Dec 9, 
2020).
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Human Rights

    While concerns about ``the deterioration of democratic institutions 
and threats to freedom of speech and press in Venezuela'' have been 
expressed by human rights organizations for over a decade, CRS reported 
in August 2020 that human rights conditions are even worse under Maduro 
than under former President Ch[aacute]vez.\6\ The Independent 
International Fact-Finding Mission created by the UN Human Rights 
Council to investigate allegations of atrocities since 2014 concluded 
that there were reasonable grounds to believe that pro-government 
groups and high-level authorities, including Maduro, had committed 
violations amounting to crimes against humanity. The mission found the 
judiciary contributed to arbitrary arrests, impunity for egregious 
abuses, and denial of justice to victims.\7\
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    \6\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip, 
Margesson, Rhoda, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), p.7, Aug. 26, 2020.
    \7\ OHCHR [verbar] Venezuela: UN report urges accountability for 
crimes against humanity (Sep 16, 2020).
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Health Crisis

    Venezuela was facing a significant health crisis even before the 
start of the COVID-19 pandemic. According to CRS, ``overall health 
indicators, particularly infant and maternal mortality rates,'' had 
deteriorated well before the impact of the COVID-19 pandemic. In April 
2019, Human Rights Watch and the Johns Hopkins Bloomberg School of 
Public Health reported that ``Venezuela's health system has been in 
decline since 2012, with conditions worsening drastically since 2017.'' 
Human Rights Watch reported in May 2020 that ``Venezuela's health 
system has collapsed. Shortages of medications and health supplies, 
interruptions of basic utilities at healthcare facilities, and the 
emigration of healthcare workers have led to a progressive decline in 
healthcare operational capacity.'' Venezuelans also face ``severe 
shortages of medicines and medical supplies'' \8\ and ``a complex 
situation in which access to basic services, especially health services 
remain critical.'' \9\
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    \8\ Venezuela: Country Focus, European Asylum Support Office 
(EASO), p.41, Aug. 2020.
    \9\ United Nations Office for the Coordination of Humanitarian 
Affairs (OCHA), Venezuela: Health Emergency 12-month update, https://reliefweb.int/report/venezuela-bolivarian-republic/venezuela-health-emergency-12-month-update-mdrve004, May 20, 2020.
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Food Insecurity

    In an October 2020 report, the Food and Agriculture Organization of 
the United Nations (FAO) and the World Food Programme (WFP) identified 
Venezuela (and Venezuelan migrants in neighboring countries) as one of 
20 ``acute food insecurity hotspots'' \10\ in

[[Page 13577]]

the world.\11\ In an April 2019 report, Human Rights Watch and the 
Johns Hopkins Bloomberg School of Public Health reported that 
``[h]unger, malnutrition, and severe shortages of food are widespread'' 
in Venezuela.\12\ Despite a lack of nationwide nutrition data--last 
published by the government in 2007--the report asserted that 
``available evidence suggests malnutrition is high.'' \13\ Moreover, 
Human Rights Watch reported in January 2021 that, ``[b]ased on data 
collected prior to the pandemic, the 2020 National Survey of Life 
Conditions reported 8 percent of children under five acutely 
malnourished and 30 percent chronically malnourished, or stunted.''
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    \10\ FAO-WFP early warning analysis of acute food insecurity 
hotspots: October 2020, Food and Agriculture Organization of the 
United Nations (FAO) and the World Food Programme (WFP), p.6, Nov. 
2020.
    \11\ FAO-WFP early warning analysis of acute food insecurity 
hotspots: October 2020, Food and Agriculture Organization of the 
United Nations (FAO) and the World Food Programme (WFP), p.5-6,12, 
Nov. 2020.
    \12\ Venezuela's Humanitarian Emergency: Large-Scale UN Response 
Needed to Address Health and Food Crises, Human Rights Watch & Johns 
Hopkins Bloomberg School of Public Health, p.4, Apr. 4, 2019.
    \13\ Venezuela's Humanitarian Emergency: Large-Scale UN Response 
Needed to Address Health and Food Crises, Human Rights Watch & Johns 
Hopkins Bloomberg School of Public Health, p.4, Apr. 4, 2019.
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    To help address shortages of food, the Venezuelan government 
established the Local Committees for Supply and Production 
(Comit[eacute]s Locales de Abastecimiento y Producci[oacute]n--CLAP) in 
2016. According to the European Asylum Support Office (EASO), the CLAP 
``are responsible for the delivery of food and other government aid to 
the communities.'' However, CLAP food boxes ``do not meet the basic 
nutritional needs,'' and their delivery is reportedly ``inconsistent 
and discretionary.'' Furthermore, EASO noted that the CLAP are 
reportedly used to monitor the population--including the political 
activity of beneficiaries--and ``as a tool to discriminate and harass 
those who oppose the government or are involved in human rights 
advocacy.'' There have also been allegations that certain Venezuelans 
have been ``excluded from the list of CLAP beneficiaries because they 
were not government supporters.''

Access to Basic Services (Electricity, Water, Gas, etc.)

    Venezuela has seen a ``collapse of basic services.'' \14\ In a July 
2020 report, OHCHR stated that ``Access and quality of basic services, 
such as transportation, electricity, water and sanitation, and gas, 
continued to deteriorate, undermining the right to an adequate standard 
of living.'' \15\ Venezuela also faces ``severe shortages of water.'' 
Further, ``an estimated 86% of Venezuelans reported unreliable water 
service, including 11% who have none at all'', according to an April 
2020 survey of 4,500 residents by the non-profit Venezuelan Observatory 
of Public Services.\16\
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    \14\ Venezuela: Country Focus, European Asylum Support Office 
(EASO), p.41, Aug. 2020.
    \15\ Outcomes of the investigation into allegations of possible 
human right violations of the human rights to life, liberty and 
physical and moral integrity in the Bolivarian Republic of 
Venezuela, Office of the United Nations High Commissioner for Human 
Rights (OHCHR), p.4, Jul. 2, 2020.
    \16\ Latest on Water Shortage in Venezuela, Hispanic Oulook 
Magazine, June 2020.
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Crime and Insecurity

    Sources reported in mid-2020 that Venezuela has ``among the highest 
homicide and crime victimization rates in Latin America and the 
Caribbean,'' and ``one of the highest number [sic] of violent deaths in 
the region and in the world.'' While Venezuela recorded ``a substantial 
decrease in homicides in 2020,'' InSight Crime noted in January 2021 
that ``violence is indeed still rampant'' in the country. InSight Crime 
also reported that--per the Venezuelan Violence Observatory 
(Observatorio Venezolano de Violencia or OVV)--``a violence epidemic 
continues to plague every single state, as well as the capital district 
of Caracas.'' Sources have attributed recent declines in the homicide 
rate to a variety of factors, including: A decrease in violence among 
armed structures that engage in territorial control; fewer 
opportunities to engage in criminal behavior due to rising poverty, 
emigration, and economic deterioration, among other factors; and the 
impact of quarantines and restrictions on movement related to the 
COVID-19 pandemic. In its 2020 report, the U.S. Department of State's 
Overseas Security Advisory Council (OSAC) stated that ``[h]eavily armed 
criminals have used grenades and assault rifles to commit crimes at 
banks, shopping malls, public transportation stations, and 
universities.'' \17\
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    \17\ Venezuela 2020 Crime & Safety Report, Department of State 
Overseas Security Advisory Council, July 21, 2020.
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What authority does the Secretary have to designate Venezuela 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. 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 INA section 244(b)(5)(A); 8 U.S.C. 
1254a(b)(5)(A). The Secretary, in his/her discretion, may then grant 
TPS to eligible nationals of that foreign state (or noncitizens 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 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).

Notice of the Designation of Venezuela for TPS

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate U.S. Government agencies, the statutory conditions 
supporting Venezuela's designation for TPS on the basis of 
extraordinary and temporary conditions are met. See INA section 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On the basis of this 
determination, I am designating Venezuela for TPS for 18 months, from 
March 9, 2021 through September 9, 2022. See INA section 244(b)(1)(C) 
and (b)(2); 8 U.S.C. 1254a(b)(1)(C), and (b)(2).

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.

Eligibility and Employment Authorization for TPS

Required Application Forms and Application Fees To Register for TPS

    To register for TPS based on the designation of Venezuela, you must 
submit an Application for Temporary Protected Status (Form I-821) and 
pay

[[Page 13578]]

the filing fee (or submit a Request for a Fee Waiver (Form I-912)). You 
may be required to pay the biometric services fee. Please see 
additional information under the ``Biometric Services Fee'' section of 
this notice.
    Although not required to do so, if you want to obtain an EAD valid 
through September 7, 2021, you must file an Application for Employment 
Authorization (Form I-765) and pay the Form I-765 fee (or submit a 
Request for a Fee Waiver (Form I-912)). If you do not want to request 
an EAD now, you may also file Form I-765 at a later date and pay the 
fee (or request a fee waiver), provided that you still have TPS or a 
pending TPS application.
    For more information on the application forms and fees for TPS, 
please visit the USCIS TPS web page at 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 for TPS

    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 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 biometric 
screening process, please see the USCIS Customer Profile Management 
Service Privacy Impact Assessment, available at dhs.gov/privacy.

Refiling a TPS Registration Application After Receiving a Denial of a 
Fee Waiver Request

    You should file as soon as possible within the 180-day registration 
period so USCIS can process your application and issue any EAD 
promptly. Properly filing early will also allow you to have time to 
refile your application before the deadline, should USCIS deny your fee 
waiver request. If, however, you receive a denial of your fee waiver 
request and are unable to refile by the 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 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 initial registration, visit the 
USCIS TPS web page at 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 registering TPS beneficiary age 14 and older must 
pay the biometric services fee (but not the Form I-821 fee) when filing 
a TPS 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 
registration, and could wait to seek an EAD until after USCIS has 
approved your TPS registration application. If you choose to do this, 
to register for TPS you would only need to file the Form I-821 with the 
biometric 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:
    Mail your completed Application for Employment Authorization (Form 
I-765) and supporting documentation to the proper address in Table 1.

                       Table 1--Mailing Addresses
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                If . . .                          Mail to . . .
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You are applying through the U.S.        USCIS, Attn: TPS Venezuela,
 Postal Service and you live in Florida.  P.O. Box 20300, Phoenix, AZ
                                          85036.
You are using FedEx, UPS, or DHL and     USCIS, Attn: TPS Venezuela,
 you live in Florida.                     1820 E. Skyharbor Circle S,
                                          Suite 100, Phoenix, AZ 85034
You are applying through U.S. Postal     USCIS Attn: TPS Venezuela, P.O.
 Service and you live in any other        Box 805282, Chicago, IL 60690.
 state.
You are using FedEx, UPS, or DHL and     USCIS, Attn: TPS Venezuela
 you live in any other state.             (805282), 131 South Dearborn--
                                          3rd Floor, Chicago, IL 60603-
                                          5517.
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    If you were granted TPS by an immigration judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD or are 
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 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 uscis.gov/tps under 
``Venezuela.''

Purpose of this Action (DED)

    Pursuant to the President's constitutional authority to conduct the 
foreign relations of the United States, foreign policy considerations 
warrant implementing DED for Venezuela through July 20, 2022.\18\ 
Through this notice, DHS is establishing procedures for individuals 
covered by DED for Venezuela to apply for employment authorization 
through July 20, 2022.
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    \18\ See Deferred Enforced Departure for Certain Venezuelans, 86 
FR 6845, January 25, 2021, available at Federal Register: Deferred 
Enforced Departure for Certain Venezuelans.
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What is Deferred Enforced Departure (DED)?

     DED is an administrative stay of removal ordered by the 
President. The authority to grant DED arises from the President's 
constitutional authority to conduct the foreign relations of the United 
States. The President can authorize DED for any reason related to this 
authority. DED has been authorized in situations where foreign 
nationals may face danger if required to return to countries 
experiencing political instability, conflict, or other unsafe 
conditions, or when there are other foreign policy reasons for allowing 
a designated group of foreign nationals to remain in the United States.
     Although DED is not a specific immigration status, 
individuals covered

[[Page 13579]]

by DED are not subject to removal from the United States, usually for a 
designated period of time. Furthermore, the President may direct that 
certain benefits, such as employment authorization or travel 
authorization, be available to foreign nationals covered by the DED 
directive.
     If the President provides for employment or travel 
authorization, USCIS administers those benefits. USCIS publishes a 
Federal Register notice to instruct the covered population on how to 
apply for any benefits provided.
     The President issues directives regarding DED and who is 
covered via presidential memorandum. The qualification requirements for 
individuals who are covered under DED are based on the terms of the 
President's directive regarding DED and any relevant implementing 
requirements established by DHS. Since DED is a directive not to remove 
particular individuals, rather than a specific immigration status like 
TPS, there is no DED application form required to obtain DED coverage.
    The Presidential Memorandum ordering DED for Venezuelans can be 
found at: https://www.federalregister.gov/documents/2021/01/25/2021-01718/deferred-enforced-departure-for-certain-venezuelans

Eligibility and Employment Authorization for DED

How will I know if I am eligible for employment authorization under the 
DED Presidential Memorandum for eligible Venezuelans?

    The procedures for employment authorization in this notice apply 
only to noncitizens who are Venezuelan nationals, and persons without 
nationality who last habitually resided in Venezuela, who are present 
in the United States as of January 20, 2021, and except for 
noncitizens:
     Who have voluntarily returned to Venezuela or their 
country of last habitual residence outside the United States;
     Who have not continuously resided in the United States 
since January 20, 2021;
     Who are inadmissible under section 212(a)(3) of the 
Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or 
removable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
     Who have been convicted of any felony or two or more 
misdemeanors committed in the United States, or who meet the criteria 
set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
     Who were deported, excluded, or removed, before January 
20, 2021;
     Who are subject to extradition;
     Whose presence in the United States the Secretary of 
Homeland Security has determined is not in the interest of the United 
States or presents a danger to public safety; or
     Whose presence in the United States the Secretary of State 
has reasonable grounds to believe would have potentially serious 
adverse foreign policy consequences for the United States.

What will I need to file if I am covered by DED and would like to 
obtain employment authorization?

    If you are covered under DED for Venezuela and would like to work, 
you must apply for an EAD by filing an Application for Employment 
Authorization (Form I-765). Please carefully follow the Application for 
Employment Authorization (Form I-765) instructions when completing the 
application for an EAD. When filing the Application for Employment 
Authorization (Form I-765), you must:
     Indicate that you are eligible for DED by entering 
``(a)(11)'' in response to Question 27 on the Application for 
Employment Authorization (Form I-765); and
     Submit the fee for the Application for Employment 
Authorization (Form I-765).
    The regulations require individuals covered under DED who request 
an EAD to pay the fee prescribed in 8 CFR 103.7 for the Application for 
Employment Authorization (Form I-765). See also 8 CFR 274a.12(a)(11) 
(employment authorization for DED-covered individuals); and 8 CFR 
274a.13(a) (requirement to file EAD application if EAD desired). If you 
are unable to pay the fee, you may apply for an application fee waiver 
by completing a Request for Fee Waiver (Form I-912) or submitting a 
personal letter requesting a fee waiver, and providing satisfactory 
supporting documentation.

How will I know if USCIS will need to obtain biometrics?

    If biometrics are required to produce your EAD, you will be 
notified by USCIS and scheduled for an appointment at a USCIS 
Application Support Center.

Where do I submit my completed DED-based Application for Employment 
Authorization (Form I-765)?

    For DED, mail your completed Application for Employment 
Authorization (Form I-765) and supporting documentation to the proper 
address in Table 2.

                       Table 2--Mailing Addresses
------------------------------------------------------------------------
                If . . .                          Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S.        USCIS, Attn: DED Venezuela, PO
 Postal Service.                          Box 805283, Chicago, IL 60680-
                                          6943]
You are using FedEx, UPS, or DHL.......  USCIS, Attn: DED Venezuela, 131
                                          South Dearborn--3rd Floor,
                                          >Chicago, IL 60603-5517
------------------------------------------------------------------------

Can I file my DED-based Application for Employment Authorization (Form 
I-765) electronically?

    No. Electronic filing is not available when filing an Application 
for Employment Authorization (Form I-765) based on DED.

What happens after July 20, 2022, for purposes of DED-based employment 
authorization?

    This DED authorization is set to end on July 20, 2022. After that 
date, employers will no longer accept EADs with a category code of A11 
and a July 20, 2022, expiration date, and employees will need to 
present other evidence of continued work authorization.

[[Page 13580]]

General Employment-Related Information for TPS Applicants and 
Individuals With DED-Based Employment Authorization and Their Employers

How can I obtain information on the status of my EAD request?

    To get case status information about your TPS application, as well 
as the status of your TPS or DED-based EAD request, you can check Case 
Status Online at 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).

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

    You can find the Lists of Acceptable Documents on the third page of 
Form I-9, Employment Eligibility Verification, as well as the 
Acceptable Documents web page at uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the identity and 
employment authorization of all new employees. Within three days of 
hire, employees must present acceptable documents to their employers as 
evidence of identity and employment authorization to satisfy Form I-9 
requirements.
    You may present any document from List A (which provides evidence 
of both identity and employment authorization) or one document from 
List B (which provides evidence of your identity) together with one 
document from List C (which provides evidence of employment 
authorization), or you may present an acceptable receipt 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 uscis.gov/I-9Central. An EAD is 
an acceptable document under List A.

If I have an EAD based on another immigration status, can I obtain a 
new EAD?

    Yes, if you are eligible for DED or TPS, you can obtain a new EAD, 
regardless of whether you have an EAD based on another immigration 
status. If you want to obtain a new TPS-based EAD valid through 
September 9, 2022, then you must file Form I-765, Application for 
Employment Authorization, and pay the associated fee. If you want to 
obtain a new DED-based EAD valid through July 20, 2022, then you must 
file Form I-765, Application for Employment Authorization, and pay the 
associated fee.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my Venezuelan citizenship?

    No. When completing Form I-9, 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 Venezuelan 
citizenship when completing Form I-9 for new hires or reverifying the 
employment authorization of current employees. 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.

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 Form I-9 differs from records 
available to DHS.
    Employers may not terminate, suspend, delay training, withhold or 
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 
confirm 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 justice.gov/ierandtheUSCISandE-Verifywebsitesatuscis.gov/i-9-central and e-verify.gov.

[[Page 13581]]

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

    For Federal purposes, individuals approved for TPS may show their 
Form I-797, Notice of Action, indicating approval of their Form I-821 
application, or their A12 or C19 EAD to prove that they have TPS. 
Individuals may present their A11 EAD to show they are covered by DED. 
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 covered under 
TPS and/or DED and/or show you are authorized to work based on TPS and/
or DED. Examples of such documents are:
     Your new EAD with a category code of A12 or C19 for TPS, 
or A11 for DED;
     A copy of your Form I-797, the notice of approval, for a 
current Form I-821, if you received one from USCIS; or
     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 SAVE program to confirm the 
current immigration status of applicants for public benefits. SAVE can 
verify when an individual has TPS or DED based on the documents above. 
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 uscis.gov/save/save-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 SAVE verification case number or an immigration identifier number 
that you provided to the benefit-granting agency. 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 on or will act on a SAVE verification and you do not believe the 
response is correct, find detailed information on how to make 
corrections or update your immigration record, make an appointment, or 
submit a written request to correct records on the SAVE website at 
www.uscis.gov/save.

[FR Doc. 2021-04951 Filed 3-8-21; 4:15 pm]
BILLING CODE 9111-97-P