Designation of Burma (Myanmar) for Temporary Protected Status, 28132-28137 [2021-11075]
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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Notices
nonimmigrant will be able to maintain
compliance requirements for F–1
nonimmigrant student status and TPS.
When a student applies simultaneously
for TPS status and benefits under this
notice, what is the minimum course
load requirement while an application
for employment authorization is
pending?
The F–1 nonimmigrant student must
maintain normal course load
requirements for a ‘‘full course of
study’’ 11 unless or until the
nonimmigrant student receives
employment authorization under this
notice. TPS-related employment
authorization, by itself, does not
authorize a nonimmigrant student to
drop below twelve credit hours, or
otherwise applicable minimum
requirements (e.g., clock hours for
language students). Once approved for
Special Student Relief employment
authorization, the F–1 nonimmigrant
student may drop below twelve credit
hours, or otherwise applicable
minimum requirements (with a
minimum of six semester or quarter
credit hours of instruction per academic
term if at the undergraduate level, or a
minimum of three semester or quarter
credit hours of instruction per academic
term if at the graduate level). See 8 CFR
214.2(f)(5)(v), 214.2(f)(6), 214.2(f)(9)(i)
and (ii).
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How does a student who has received a
TPS-related employment authorization
document then apply for authorization
to take a reduced course load under this
notice?
There is no further application
process if a student has been approved
for a TPS-related EAD. The F–1
nonimmigrant student must
demonstrate and provide
documentation to the DSO of the direct
economic hardship resulting from the
current crisis in Burma. The DSO will
then verify and update the student’s
record in SEVIS to enable the F–1
nonimmigrant student with TPS to
reduce the course load without any
further action or application. No other
EAD needs to be issued for the F–1
nonimmigrant student to have
employment authorization.
Can a noncitizen who has been granted
TPS apply for reinstatement of F–1
nonimmigrant student status after the
noncitizen’s F–1 nonimmigrant student
status has lapsed?
Yes. Current regulations permit
certain students who fall out of F–1
nonimmigrant student status to apply
11 See
for reinstatement. See 8 CFR
214.2(f)(16). This provision might apply
to students who worked on a TPSrelated EAD or dropped their course
load before publication of this notice,
and therefore fell out of student status.
These students must satisfy the criteria
set forth in the student status
reinstatement regulations.
18:09 May 24, 2021
Jkt 253001
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2021–10997 Filed 5–24–21; 8:45 am]
BILLING CODE 9111–28–P
How long will this notice remain in
effect?
DEPARTMENT OF HOMELAND
SECURITY
This notice grants temporary relief
until November 25, 2022, to eligible F–
1 nonimmigrant students. DHS will
continue to monitor the situation in
Burma. Should the special provisions
authorized by this notice need
modification or extension, DHS will
announce such changes in the Federal
Register.
U.S. Citizenship and Immigration
Services
Paperwork Reduction Act (PRA)
An F–1 nonimmigrant student seeking
off-campus employment authorization
due to severe economic hardship must
demonstrate to the DSO that this
employment is necessary to avoid
severe economic hardship. A DSO who
agrees that a nonimmigrant student
should receive such employment
authorization must recommend an
application approval to USCIS by
entering information in the remarks
field of the student’s SEVIS record. The
authority to collect this information is
in the SEVIS collection of information
currently approved by the Office of
Management and Budget (OMB) under
OMB Control Number 1653–0038.
This notice also allows an eligible F–
1 nonimmigrant student to request
employment authorization, work an
increased number of hours while the
academic institution is in session, and
reduce their course load while
continuing to maintain F–1
nonimmigrant student status.
To apply for employment
authorization, certain F–1
nonimmigrant students must complete
and submit a currently approved Form
I–765 according to the instructions on
the form. OMB has previously approved
the collection of information contained
on the current Form I–765, consistent
with the PRA (OMB Control No. 1615–
0040). Although there will be a slight
increase in the number of Form I–765
filings because of this notice, the
number of filings currently contained in
the OMB annual inventory for Form I–
765 is sufficient to cover the additional
8 CFR 214.2(f)(6).
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filings. Accordingly, there is no further
action required under the PRA.
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[CIS No. 2686–21; DHS Docket No. USCIS–
2021–0005]
RIN 1615–ZB88
Designation of Burma (Myanmar) for
Temporary Protected Status
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice of Temporary Protected
Status (TPS) designation.
AGENCY:
Through this Notice, DHS
announces that the Secretary of
Homeland Security is designating
Burma for TPS for 18 months, effective
May 25, 2021, through November 25,
2022. Under the Immigration and
Nationality Act (INA), 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 Burmese
nationals (and individuals having no
nationality who last habitually resided
in Burma) who have continuously
resided in the United States since March
11, 2021, and have been continuously
physically present in the United States
since May 25, 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 May
25, 2021, and ends on November 22,
2021. They may also apply for TPSrelated Employment Authorization
Documents (EADs) and for travel
authorization.
SUMMARY:
The designation of Burma for
TPS is effective on May 25, 2021 and
DATES:
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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Notices
will remain in effect for 18 months,
through November 25, 2022.
The 180-day registration period for
eligible individuals to submit TPS
applications begins May 25, 2021, and
will remain in effect through November
22, 2021.
FOR FURTHER INFORMATION CONTACT:
• You may contact Maureen Dunn,
Chief, Humanitarian Affairs Division,
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 Burma’s TPS
designation by selecting ‘‘Burma’’ 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 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:
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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 (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
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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 Burma (or individuals
having no nationality who last
habitually resided in Burma) to submit
an initial registration application under
the designation of Burma for TPS and
apply for an EAD. Under the
designation, individuals must submit an
initial Application for Temporary
Protected Status (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 May
25, 2021 through November 22, 2021. In
addition to demonstrating continuous
residence in the United States since
March 11, 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 May 25, 2021, the
effective date of this designation of
Burma, in order for USCIS to grant them
TPS. USCIS estimates that
approximately 1,600 individuals are
eligible to apply for TPS under the
designation of Burma.
What is Temporary Protected Status
(TPS)?
• TPS is a temporary immigration
status granted to eligible nationals of a
foreign state designated for TPS under
the INA, or to eligible individuals
without nationality who last habitually
resided in the designated foreign state.
• 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.
• 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).
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• When the Secretary terminates a
foreign state’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.
Why was Burma designated for TPS?
Overview
On February 1, 2021, the Burmese
military perpetrated a coup, deposing
the democratically elected government
and declaring a temporary one-year state
of emergency, after which it has said it
will hold elections. The military is
responding with increasing oppression
and violence to demonstrations and
protests, resulting in large-scale human
rights abuses, including arbitrary
detentions and deadly force against
unarmed individuals. The coup has
triggered a humanitarian crisis,
including the disruption of
communications and limited access to
medical care. The Burmese military has
a clear and well-documented history of
committing atrocities against the people
of Burma, and again, the military is
committing brutal violence against the
Burmese people, including young
children.
Political Crisis
On February 1, 2021, the Burmese
military seized power in a coup against
the democratically elected government
led by President Win Myint and State
Counsellor Aung San Suu Kyi, who
were taken into custody along with
other leaders of their party, the National
League for Democracy (NLD).1
Immediately after the coup, there were
disruptions of internet and cellular
service, state television went off air,
security checkpoints were set up in
major cities, and banks suspended
services. The military has imposed a
curfew across the country, from 8 p.m.
until 6 a.m.2 and restricted internet and
telecommunication services across the
country. The military regime has also
blocked social media sites such as
Facebook and Twitter, detained
journalists for doing their work, and is
drafting a cybersecurity law that will
1 ‘‘Myanmar military seizes power, detains
elected leader Aung San Suu Kyi,’’ Reuters, Feb. 1,
2021.
2 ‘‘Myanmar’s military stages coup d’etat: Live
news,’’ Al-Jazeera, Feb. 1, 2021.
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further restrict online freedom of
expression.3 These disruptions,
limitations, and detentions prevent
persons in Burma from obtaining timely
safety information.
Public protests have taken place in
various parts of the country, including
some that occur on a nightly basis and
some with thousands of participants, in
spite of the government’s continued
blocking of social media websites.4
Since February 5, a grassroots peaceful
Civil Disobedience Movement (CDM),
spearheaded by political leaders, civil
society activists, youth, government
bureaucrats, and health officials, has
spread in cities across the country.5 The
protest sizes ebb and flow, reaching
numbers of more than 1 million people
on February 22. Airport, bank, and
health care workers have gone on
strike.6
To curb protests, on February 8, the
military declared a curfew in 36
townships and major cities,
dramatically expanding the ability of
security forces to arbitrarily arrest and
detain individuals, search homes, and
use force against people congregating
peacefully in groups of five or more.7 In
addition, the military has released more
than 20,000 convicted prisoners in what
some civil society contacts report is an
apparent attempt to intimidate peaceful
protestors and create disorder and fear,
thus enabling further military
crackdowns.8
Criminal charges against State
Counsellor Aung San Suu Kyi followed
3 ‘‘Myanmar coup: Teachers join growing protests
against military’’, BBC News, Feb. 5. 2021;
Myanmar: ‘‘A coup is worse than covid. I’ve lived
through three’’, The Economist, Feb. 5. 2021; Report
of the Special Rapporteur on the situation of human
rights in Myanmar, Thomas H. Andrews, U.N.
Human Rights Council, Mar. 4, 2021.
4 ‘‘Myanmar coup: Teachers join growing protests
against military’’, BBC News, Feb. 5. 2021;
Myanmar: ‘‘A coup is worse than covid. I’ve lived
through three’’, The Economist, Feb. 5. 2021.
5 ‘‘Myanmar’s Military Arrests Doctors for Joining
and Supporting Civil Disobedience Movement’’,
The Irrawaddy, Feb. 12, 2021; Report of the Special
Rapporteur on the situation of human rights in
Myanmar, Thomas H. Andrews, U.N. Human Rights
Council, Mar. 4, 2021.
6 ‘‘Myanmar grinds to a halt as hundreds of
thousands strike against military coup’’,
Washington Post, Feb. 22, 2021; Report of the
Special Rapporteur on the situation of human rights
in Myanmar, Thomas H. Andrews, U.N. Human
Rights Council, Mar. 4, 2021, Feb. 22, 2021; Report
of the Special Rapporteur on the situation of human
rights in Myanmar, Thomas H. Andrews, U.N.
Human Rights Council, Mar. 4, 2021.
7 ‘‘Myanmar’s military stages coup d’etat: Live
news’’, Al-Jazeera, Feb. 1, 2021; Report of the
Special Rapporteur on the situation of human rights
in Myanmar, Thomas H. Andrews, U.N. Human
Rights Council, Mar. 4, 2021.
8 ‘‘Report of the Special Rapporteur on the
situation of human rights in Myanmar’’, Thomas H.
Andrews, U.N. Human Rights Council, Mar. 4,
2021.
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18:09 May 24, 2021
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two days after the coup. Those charges,
purported to relate to violations of
import law, were ‘‘widely seen as a
pretext to keep her detained’’ 9 and to
disqualify and/or prevent her for
keeping office as an elected official. She
was accused of new criminal charges on
April 12.10
On March 3, the United Nations
Special Envoy for Burma, Christine
Schraner Burgener, warned that the
situation in Burma challenges ‘‘the
stability of the region’’ and could lead
to a ‘‘real war’’ and stressed that ‘‘every
tool available was now needed to end
the situation’’ and that ‘‘the unity of the
international community was
essential.’’ 11
Human Rights Abuses
Violence Committed by Police and
Military Forces
Since the coup, police and military
forces steadily escalated their use of
force, resulting in the injuring and
killing of multiple individuals. There
are multiple credible accounts of
heavily armed police and military
deploying to areas where
demonstrations were taking place, firing
into crowds, and killing and injuring
demonstrators. 12 Police and military
personnel have conducted nighttime
raids, resulting in arrests and killings of
individuals who tried to stop
individuals from entering their
communities. 13 On March 30, Secretary
of State Antony Blinken called the
military’s actions in Burma
‘‘reprehensible’’ and described
‘‘increasingly disturbing and even
horrifying violence’’.14 On April 21,
Secretary Blinken stated that the
military regime ‘‘has intensified its
violent crackdown, killing more than
650 people, including many children,
9 ‘‘Myanmar’s Coup, Explained,’’ New York
Times, Feb. 5, 2020.
10 ‘‘Myanmar’s Junta Levies New Charge Against
Aung San Suu Kyi,’’ Voice of America News, April
12, 2021.
11 ‘‘Stability of the region’ hangs on Myanmar,
declares UN Special Envoy,’’ UN News, https://
news.un.org/en/story/2021/03/1086332, UN News,
March 3, 2021.
12 See, e.g., ‘‘Mass protests and funeral follow
deadly shootings in Myanmar,’’ NBC News/
Associated Press, Feb. 21, 2021; Report of the
Special Rapporteur on the situation of human rights
in Myanmar, Thomas H. Andrews, U.N. Human
Rights Council, Mar. 4, 2021.
13 See, e.g., ‘‘Myanmar security forces open fire on
protesters, killing at least 18, according to U.N.,’’
Washington Post, Feb. 28, 2021; Myanmar residents
on night patrol as coup tensions deepen, AgenceFrance Press, Feb. 15, 2021.
14 ‘‘U.S.’ Blinken calls for global companies to
reconsider financial support to Myanmar’s
military,’’ Reuters, March 30, 2021.
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and detaining more than 3,200 others
since February 1.’’ 15
Security forces killed over 100 people
on March 27 alone as the military
celebrated its annual Armed Forces Day,
the single bloodiest day since the
coup.16 On April 9, the junta’s armed
forces killed some 82 people in the city
of Bago in a violent suppression of
protests.17 The military has also killed
at least 43 children since February 1,
according to rights organization Save
the Children.18
Arbitrary Arrest and Detention
The U.N. Human Rights Office
advised that, since the beginning of the
coup, the police and security forces
have targeted an ‘‘ever-increasing
number of opposition voices and
demonstrators by arresting political
officials, activists, civil society
members, journalists and medical
professionals.’’ 19
Danger to Vulnerable Groups
Human Rights Watch has expressed
concern that military control of the
government will further endanger
human rights for Rohingya Muslims,
who have been denied citizenship and
suffered oppression for decades, and
that ‘‘serious threats lay ahead for
activists, journalists, ethnic minorities
and others who have long been targets
of the military’s oppressive
campaigns.’’ 20
The regime has also stepped up the
violence in ethnic minority regions. In
late March, the military escalated its
offensive in Karen State, launching
aerial attacks that have driven more
than 200,000 residents from their homes
to seek shelter in the border regions.21
15 ‘‘Press Statement of Antony J. Blinken,
Secretary of State, on Imposing Sanctions on Two
Burmese State-Owned Enterprises’’ (April 21,
2021).
16 ‘‘Army Fires at funeral as Myanmar mourns day
of ‘mass murder,’ ’’ Aljazeera, March 28, 2021,
available at https://www.aljazeera.com/news/2021/
3/28/12-defence-chiefs-condemn-myanmar-armyafter-day-of-mass-murder.
17 ‘‘Witnesses to Bago killings describe relentless
military onslaught against Myanmar civilian
population,’’ CNN, April 16, 2021, available at
https://www.cnn.com/2021/04/16/asia/bago-masskilling-myanmar-civilians-intl-hnk/.
18 ‘‘Myanmar coup: More than 40 children killed
by military, rights group says,’’ BBC News, April 1,
2021, available at https://www.bbc.com/news/
world-asia-56600292.
19 ‘‘UN Human Rights Office urges military to halt
violence against peaceful protestors across
Myanmar,’’ https://bangkok.ohchr.org/6109-2/,
February 28, 2021.
20 ‘‘Serious Threats’ Ahead: Human Rights
Experts Voice Concern for Rohingya Muslims in
Myanmar Following Military Coup,’’ Frontline,
https://www.pbs.org/wgbh/frontline/article/humanrights-experts-concern-rohingya-muslims-myanmarjanuary-31-military-coup/, February 2, 2021.
21 ‘‘Myanmar military’s offensive against Karen
people,’’ Vatican News, https://
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The military has also intensified
fighting in Kachin State, after the
Kachin Independence Organization
(KIO) opposition to the coup and the
killing of protestors.22
concerns for its own staff safety and
security as well.28
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Humanitarian Crisis
The Burmese military’s history of
committing atrocities to maintain and
expand its control in the country have
raised concerns about the possibility of
escalating violence, new displacement,
and ongoing and increased obstacles to
the provision of humanitarian
assistance. In response to past
movements against military rule, in
1988 and 2007, the military committed
massacres against individuals.23
Burma’s coup on February 1, 2021, has
triggered a humanitarian crisis,
including the disruption of
communications and limited access to
medical care. The impacts include,
among other things, the closure of banks
and interruptions of payments and cash
withdrawal systems, as well as a
reported increase in prices of basic
commodities, including food,
construction materials and fuel in some
areas.24 The U.N. Office for the
Coordination of Humanitarian Affairs
(OCHA) reports the situation has
impacted the ability of partners to
respond to the needs of vulnerable
communities and displaced persons in
violence-affected areas. OCHA indicated
that about 945,000 people were targeted
for such assistance in 2021.25 Among
those in need of humanitarian
assistance are over 330,000 people who
remain internally displaced (IDPs)
within Burma.26 This includes 126,000
IDPs in camps since the 2012 violence
in Rakhine State and, in northern Shan
State, around 2,300 people newly
displaced in Kyaukme, Namtu and
Hsipaw townships in February due to
armed clashes between the MAF and
ethnic armed organizations or between
armed organizations.27 OCHA reports
www.vaticannews.va/en/world/news/2021-04/
myanmar-military-strikes-karen-peopledisplaced.html.
22 ‘‘Myanmar Military Suffers Heavy Casualties in
Attacks by Ethnic Armed Groups in Kachin State,
The Irrawaddy, https://www.irrawaddy.com/news/
burma/myanmar-military-suffers-heavy-casualtiesattacks-ethnic-armed-group-kachin-state.html.
23 ‘‘The shooting starts,’’ The Economist, Mar. 6,
2021.
24 ‘‘Myanmar Humanitarian Update No. 4,’’
https://reliefweb.int/report/myanmar/myanmarhumanitarian-update-no-4-25-february-2021, Feb.
25, 2021.
25 ‘‘Relief programmes hit by ongoing crisis in
Myanmar, UN humanitarian office says,’’ U.N.
News, Feb. 26, 2021.
26 ‘‘Myanmar: Humanitarian Update No. 4, U.N.
Office for the Coordination of Humanitarian
Affairs,’’ Feb. 25, 2021.
27 ‘‘Myanmar Humanitarian Update No. 4,’’
https://reliefweb.int/report/myanmar/myanmar-
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What authority does the Secretary have
to designate Burma for TPS?
Section 244(b)(1) of the INA, 8 U.S.C.
1254a(b)(1), authorizes the Secretary,29
after consultation with appropriate
agencies of the U.S. 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). It is then in the
Secretary’s discretion to grant TPS to
eligible nationals of that foreign state (or
individuals having no nationality who
last habitually resided in the designated
foreign state). See INA section
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
At least 60 days before the expiration
of a foreign state’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 Burma 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
humanitarian-update-no-4-25-february-2021, Feb.
25, 2021.
28 ‘‘Myanmar Humanitarian Update No. 4,’’
https://reliefweb.int/report/myanmar/myanmarhumanitarian-update-no-4-25-february-2021, Feb.
25, 2021.
29 INA § 244(b)(1) prescribes this power to the
Attorney General. Congress transferred this
authority from the Attorney General to the Secretary
of Homeland Security See Homeland Security Act
of 2002, Public Law 107–296, 116 Stat. 2135.
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conditions supporting Burma’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). I estimate
approximately 1,600 individuals are
eligible to apply for TPS under the
designation of Burma. On the basis of
this determination, I am designating
Burma for TPS for 18 months, from May
25, 2021 through November 25, 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 Burma, you must submit
an Application for Temporary Protected
Status (Form I–821) and pay 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
November 25, 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 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
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
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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Notices
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, if you
requested one. Properly filing early will
also allow you 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 biometric services fee. However, you
are urged to refile within 45 days of the
date on any USCIS fee waiver denial
notice. See INA section 244(c)(1)(A)(iv);
8 U.S.C. 1254a(c)(1)(A)(iv); 8 CFR
244.6(a). 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 an initial applicant for
TPS must pay the Form I–821 filing fee
and those applicants age 14 or older
must also pay the biometric services fee,
unless granted a fee waiver, 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 $50 filing
fee and 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
Temporary Protected Status (Form I–
821) and Application for Employment
Authorization (Form I–765) and
supporting documentation to the proper
address in Table 1.
TABLE 1—MAILING ADDRESSES
If . . .
Mail to . . .
You are applying through the U.S. Postal Service.
You are using FedEx, UPS, or DHL ..................
U.S. Citizenship and Immigration Services, Attn: TPS Burma, P.O. Box 6943, Chicago, IL
60680–6943.
U.S. Citizenship and Immigration Services, Attn: TPS Burma (Box 6943), 131 S Dearborn St.
3rd Floor, Chicago, IL 60603–5517.
While Burma is designated for TPS, if
you are 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
USCIS to verify your grant of TPS and
process your application.
Supporting Documents
The filing instructions on 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 ‘‘Burma.’’
jbell on DSKJLSW7X2PROD with NOTICES
General Employment-Related
Information for TPS Applicants and
Their Employers
How can I obtain information on the
status of my TPS and EAD request?
To get case status information about
your TPS application, as well as the
status of your TPS-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–821 or Form I–765 has
VerDate Sep<11>2014
18:09 May 24, 2021
Jkt 253001
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
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
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
TPS-based EAD?
Yes, if you are eligible for TPS, you
can obtain a new EAD, regardless of
whether you already have an EAD or
work authorization based on another
immigration status. If you want to
obtain a TPS-based EAD valid through
November 25, 2022, then you must file
Form I–765, Application for
Employment Authorization, and pay the
associated fee (unless USCIS grants your
fee waiver request).
Can my employer require that I provide
any other documentation, such as
evidence of my status or proof of my
Burmese citizenship, for Form I–9
completion?
No. When completing Form I–9,
employers must accept any
documentation you choose to present
from 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 proof of Burmese
citizenship when completing Form I–9
for new hires or reverifying the
employment authorization of current
employees. Refer to the ‘‘Note to
E:\FR\FM\25MYN1.SGM
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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Notices
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.
jbell on DSKJLSW7X2PROD with 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 I-9Central@
uscis.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, 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.
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@
uscis.dhs.gov. USCIS accepts calls in
English, Spanish and many other
languages. Employees or job 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 under DHS regulations, and as
described in the Form I–9 Instructions.
Employers may not require extra or
additional documentation beyond what
VerDate Sep<11>2014
18:09 May 24, 2021
Jkt 253001
is required for Form I–9 completion.
Further, employers participating in EVerify 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 EVerify. 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 EVerify procedures is available on the
IER website at justice.gov/ier and the
USCIS and E-Verify websites at
uscis.gov/i-9-central and e-verify.gov.
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. 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
they require you 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 show you are
authorized to work based on TPS.
Examples of such documents are:
• Your new EAD with a category code
of A12 or C19; or
• A copy of your Form I–94, Arrival/
Departure Record or Form I–797, the
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
28137
notice of approval, for your Form I–821,
if you received one from USCIS.
Check with the government agency
regarding which document(s) the agency
will accept.
Some benefit-granting agencies use
the SAVE program to confirm the
current immigration status of applicants
for public benefits. SAVE can verify
when an individual has TPS 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 for information about
correcting records on the SAVE website
at www.uscis.gov/save.
[FR Doc. 2021–11075 Filed 5–24–21; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6270–N–01]
Notice of a Federal Advisory
Committee Meeting Manufactured
Housing Consensus Committee
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, Department of Housing
and Urban Development (HUD).
ACTION: Notice of Federal Advisory
Committee meetings: Manufactured
Housing Consensus Committee (MHCC,
Committee).
AGENCY:
This notice sets forth the
schedule and proposed agenda for a
meeting of the Manufactured Housing
Consensus Committee, to be held via
teleconference and webinar. The
meeting is open to the public. The
agenda for the meeting provides an
SUMMARY:
E:\FR\FM\25MYN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Pages 28132-28137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11075]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2686-21; DHS Docket No. USCIS-2021-0005]
RIN 1615-ZB88
Designation of Burma (Myanmar) for Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) designation.
-----------------------------------------------------------------------
SUMMARY: Through this Notice, DHS announces that the Secretary of
Homeland Security is designating Burma for TPS for 18 months, effective
May 25, 2021, through November 25, 2022. Under the Immigration and
Nationality Act (INA), 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 Burmese nationals
(and individuals having no nationality who last habitually resided in
Burma) who have continuously resided in the United States since March
11, 2021, and have been continuously physically present in the United
States since May 25, 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 May 25, 2021, and
ends on November 22, 2021. They may also apply for TPS-related
Employment Authorization Documents (EADs) and for travel authorization.
DATES: The designation of Burma for TPS is effective on May 25, 2021
and
[[Page 28133]]
will remain in effect for 18 months, through November 25, 2022.
The 180-day registration period for eligible individuals to submit
TPS applications begins May 25, 2021, and will remain in effect through
November 22, 2021.
FOR FURTHER INFORMATION CONTACT:
You may contact Maureen Dunn, Chief, Humanitarian Affairs
Division, 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 Burma's TPS designation by selecting ``Burma'' 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 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 (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 Burma (or individuals having no nationality who
last habitually resided in Burma) to submit an initial registration
application under the designation of Burma for TPS and apply for an
EAD. Under the designation, individuals must submit an initial
Application for Temporary Protected Status (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 May 25,
2021 through November 22, 2021. In addition to demonstrating continuous
residence in the United States since March 11, 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 May 25, 2021, the effective date of this
designation of Burma, in order for USCIS to grant them TPS. USCIS
estimates that approximately 1,600 individuals are eligible to apply
for TPS under the designation of Burma.
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state.
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.
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 foreign state'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 Burma designated for TPS?
Overview
On February 1, 2021, the Burmese military perpetrated a coup,
deposing the democratically elected government and declaring a
temporary one-year state of emergency, after which it has said it will
hold elections. The military is responding with increasing oppression
and violence to demonstrations and protests, resulting in large-scale
human rights abuses, including arbitrary detentions and deadly force
against unarmed individuals. The coup has triggered a humanitarian
crisis, including the disruption of communications and limited access
to medical care. The Burmese military has a clear and well-documented
history of committing atrocities against the people of Burma, and
again, the military is committing brutal violence against the Burmese
people, including young children.
Political Crisis
On February 1, 2021, the Burmese military seized power in a coup
against the democratically elected government led by President Win
Myint and State Counsellor Aung San Suu Kyi, who were taken into
custody along with other leaders of their party, the National League
for Democracy (NLD).\1\ Immediately after the coup, there were
disruptions of internet and cellular service, state television went off
air, security checkpoints were set up in major cities, and banks
suspended services. The military has imposed a curfew across the
country, from 8 p.m. until 6 a.m.\2\ and restricted internet and
telecommunication services across the country. The military regime has
also blocked social media sites such as Facebook and Twitter, detained
journalists for doing their work, and is drafting a cybersecurity law
that will
[[Page 28134]]
further restrict online freedom of expression.\3\ These disruptions,
limitations, and detentions prevent persons in Burma from obtaining
timely safety information.
---------------------------------------------------------------------------
\1\ ``Myanmar military seizes power, detains elected leader Aung
San Suu Kyi,'' Reuters, Feb. 1, 2021.
\2\ ``Myanmar's military stages coup d'etat: Live news,'' Al-
Jazeera, Feb. 1, 2021.
\3\ ``Myanmar coup: Teachers join growing protests against
military'', BBC News, Feb. 5. 2021; Myanmar: ``A coup is worse than
covid. I've lived through three'', The Economist, Feb. 5. 2021;
Report of the Special Rapporteur on the situation of human rights in
Myanmar, Thomas H. Andrews, U.N. Human Rights Council, Mar. 4, 2021.
---------------------------------------------------------------------------
Public protests have taken place in various parts of the country,
including some that occur on a nightly basis and some with thousands of
participants, in spite of the government's continued blocking of social
media websites.\4\ Since February 5, a grassroots peaceful Civil
Disobedience Movement (CDM), spearheaded by political leaders, civil
society activists, youth, government bureaucrats, and health officials,
has spread in cities across the country.\5\ The protest sizes ebb and
flow, reaching numbers of more than 1 million people on February 22.
Airport, bank, and health care workers have gone on strike.\6\
---------------------------------------------------------------------------
\4\ ``Myanmar coup: Teachers join growing protests against
military'', BBC News, Feb. 5. 2021; Myanmar: ``A coup is worse than
covid. I've lived through three'', The Economist, Feb. 5. 2021.
\5\ ``Myanmar's Military Arrests Doctors for Joining and
Supporting Civil Disobedience Movement'', The Irrawaddy, Feb. 12,
2021; Report of the Special Rapporteur on the situation of human
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council,
Mar. 4, 2021.
\6\ ``Myanmar grinds to a halt as hundreds of thousands strike
against military coup'', Washington Post, Feb. 22, 2021; Report of
the Special Rapporteur on the situation of human rights in Myanmar,
Thomas H. Andrews, U.N. Human Rights Council, Mar. 4, 2021, Feb. 22,
2021; Report of the Special Rapporteur on the situation of human
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council,
Mar. 4, 2021.
---------------------------------------------------------------------------
To curb protests, on February 8, the military declared a curfew in
36 townships and major cities, dramatically expanding the ability of
security forces to arbitrarily arrest and detain individuals, search
homes, and use force against people congregating peacefully in groups
of five or more.\7\ In addition, the military has released more than
20,000 convicted prisoners in what some civil society contacts report
is an apparent attempt to intimidate peaceful protestors and create
disorder and fear, thus enabling further military crackdowns.\8\
---------------------------------------------------------------------------
\7\ ``Myanmar's military stages coup d'etat: Live news'', Al-
Jazeera, Feb. 1, 2021; Report of the Special Rapporteur on the
situation of human rights in Myanmar, Thomas H. Andrews, U.N. Human
Rights Council, Mar. 4, 2021.
\8\ ``Report of the Special Rapporteur on the situation of human
rights in Myanmar'', Thomas H. Andrews, U.N. Human Rights Council,
Mar. 4, 2021.
---------------------------------------------------------------------------
Criminal charges against State Counsellor Aung San Suu Kyi followed
two days after the coup. Those charges, purported to relate to
violations of import law, were ``widely seen as a pretext to keep her
detained'' \9\ and to disqualify and/or prevent her for keeping office
as an elected official. She was accused of new criminal charges on
April 12.\10\
---------------------------------------------------------------------------
\9\ ``Myanmar's Coup, Explained,'' New York Times, Feb. 5, 2020.
\10\ ``Myanmar's Junta Levies New Charge Against Aung San Suu
Kyi,'' Voice of America News, April 12, 2021.
---------------------------------------------------------------------------
On March 3, the United Nations Special Envoy for Burma, Christine
Schraner Burgener, warned that the situation in Burma challenges ``the
stability of the region'' and could lead to a ``real war'' and stressed
that ``every tool available was now needed to end the situation'' and
that ``the unity of the international community was essential.'' \11\
---------------------------------------------------------------------------
\11\ ``Stability of the region' hangs on Myanmar, declares UN
Special Envoy,'' UN News, https://news.un.org/en/story/2021/03/1086332, UN News, March 3, 2021.
---------------------------------------------------------------------------
Human Rights Abuses
Violence Committed by Police and Military Forces
Since the coup, police and military forces steadily escalated their
use of force, resulting in the injuring and killing of multiple
individuals. There are multiple credible accounts of heavily armed
police and military deploying to areas where demonstrations were taking
place, firing into crowds, and killing and injuring demonstrators. \12\
Police and military personnel have conducted nighttime raids, resulting
in arrests and killings of individuals who tried to stop individuals
from entering their communities. \13\ On March 30, Secretary of State
Antony Blinken called the military's actions in Burma ``reprehensible''
and described ``increasingly disturbing and even horrifying
violence''.\14\ On April 21, Secretary Blinken stated that the military
regime ``has intensified its violent crackdown, killing more than 650
people, including many children, and detaining more than 3,200 others
since February 1.'' \15\
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\12\ See, e.g., ``Mass protests and funeral follow deadly
shootings in Myanmar,'' NBC News/Associated Press, Feb. 21, 2021;
Report of the Special Rapporteur on the situation of human rights in
Myanmar, Thomas H. Andrews, U.N. Human Rights Council, Mar. 4, 2021.
\13\ See, e.g., ``Myanmar security forces open fire on
protesters, killing at least 18, according to U.N.,'' Washington
Post, Feb. 28, 2021; Myanmar residents on night patrol as coup
tensions deepen, Agence-France Press, Feb. 15, 2021.
\14\ ``U.S.' Blinken calls for global companies to reconsider
financial support to Myanmar's military,'' Reuters, March 30, 2021.
\15\ ``Press Statement of Antony J. Blinken, Secretary of State,
on Imposing Sanctions on Two Burmese State-Owned Enterprises''
(April 21, 2021).
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Security forces killed over 100 people on March 27 alone as the
military celebrated its annual Armed Forces Day, the single bloodiest
day since the coup.\16\ On April 9, the junta's armed forces killed
some 82 people in the city of Bago in a violent suppression of
protests.\17\ The military has also killed at least 43 children since
February 1, according to rights organization Save the Children.\18\
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\16\ ``Army Fires at funeral as Myanmar mourns day of `mass
murder,' '' Aljazeera, March 28, 2021, available at https://www.aljazeera.com/news/2021/3/28/12-defence-chiefs-condemn-myanmar-army-after-day-of-mass-murder.
\17\ ``Witnesses to Bago killings describe relentless military
onslaught against Myanmar civilian population,'' CNN, April 16,
2021, available at https://www.cnn.com/2021/04/16/asia/bago-mass-killing-myanmar-civilians-intl-hnk/.
\18\ ``Myanmar coup: More than 40 children killed by military,
rights group says,'' BBC News, April 1, 2021, available at https://www.bbc.com/news/world-asia-56600292.
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Arbitrary Arrest and Detention
The U.N. Human Rights Office advised that, since the beginning of
the coup, the police and security forces have targeted an ``ever-
increasing number of opposition voices and demonstrators by arresting
political officials, activists, civil society members, journalists and
medical professionals.'' \19\
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\19\ ``UN Human Rights Office urges military to halt violence
against peaceful protestors across Myanmar,'' https://bangkok.ohchr.org/6109-2/, February 28, 2021.
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Danger to Vulnerable Groups
Human Rights Watch has expressed concern that military control of
the government will further endanger human rights for Rohingya Muslims,
who have been denied citizenship and suffered oppression for decades,
and that ``serious threats lay ahead for activists, journalists, ethnic
minorities and others who have long been targets of the military's
oppressive campaigns.'' \20\
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\20\ ``Serious Threats' Ahead: Human Rights Experts Voice
Concern for Rohingya Muslims in Myanmar Following Military Coup,''
Frontline, https://www.pbs.org/wgbh/frontline/article/human-rights-experts-concern-rohingya-muslims-myanmar-january-31-military-coup/,
February 2, 2021.
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The regime has also stepped up the violence in ethnic minority
regions. In late March, the military escalated its offensive in Karen
State, launching aerial attacks that have driven more than 200,000
residents from their homes to seek shelter in the border regions.\21\
[[Page 28135]]
The military has also intensified fighting in Kachin State, after the
Kachin Independence Organization (KIO) opposition to the coup and the
killing of protestors.\22\
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\21\ ``Myanmar military's offensive against Karen people,''
Vatican News, https://www.vaticannews.va/en/world/news/2021-04/myanmar-military-strikes-karen-people-displaced.html.
\22\ ``Myanmar Military Suffers Heavy Casualties in Attacks by
Ethnic Armed Groups in Kachin State, The Irrawaddy, https://www.irrawaddy.com/news/burma/myanmar-military-suffers-heavy-casualties-attacks-ethnic-armed-group-kachin-state.html.
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Humanitarian Crisis
The Burmese military's history of committing atrocities to maintain
and expand its control in the country have raised concerns about the
possibility of escalating violence, new displacement, and ongoing and
increased obstacles to the provision of humanitarian assistance. In
response to past movements against military rule, in 1988 and 2007, the
military committed massacres against individuals.\23\ Burma's coup on
February 1, 2021, has triggered a humanitarian crisis, including the
disruption of communications and limited access to medical care. The
impacts include, among other things, the closure of banks and
interruptions of payments and cash withdrawal systems, as well as a
reported increase in prices of basic commodities, including food,
construction materials and fuel in some areas.\24\ The U.N. Office for
the Coordination of Humanitarian Affairs (OCHA) reports the situation
has impacted the ability of partners to respond to the needs of
vulnerable communities and displaced persons in violence-affected
areas. OCHA indicated that about 945,000 people were targeted for such
assistance in 2021.\25\ Among those in need of humanitarian assistance
are over 330,000 people who remain internally displaced (IDPs) within
Burma.\26\ This includes 126,000 IDPs in camps since the 2012 violence
in Rakhine State and, in northern Shan State, around 2,300 people newly
displaced in Kyaukme, Namtu and Hsipaw townships in February due to
armed clashes between the MAF and ethnic armed organizations or between
armed organizations.\27\ OCHA reports concerns for its own staff safety
and security as well.\28\
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\23\ ``The shooting starts,'' The Economist, Mar. 6, 2021.
\24\ ``Myanmar Humanitarian Update No. 4,'' https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-4-25-february-2021, Feb. 25, 2021.
\25\ ``Relief programmes hit by ongoing crisis in Myanmar, UN
humanitarian office says,'' U.N. News, Feb. 26, 2021.
\26\ ``Myanmar: Humanitarian Update No. 4, U.N. Office for the
Coordination of Humanitarian Affairs,'' Feb. 25, 2021.
\27\ ``Myanmar Humanitarian Update No. 4,'' https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-4-25-february-2021, Feb. 25, 2021.
\28\ ``Myanmar Humanitarian Update No. 4,'' https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-4-25-february-2021, Feb. 25, 2021.
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What authority does the Secretary have to designate Burma for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary,\29\ after consultation with appropriate agencies of the U.S.
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). It is then in the Secretary's discretion to grant TPS
to eligible nationals of that foreign state (or individuals having no
nationality who last habitually resided in the designated foreign
state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\29\ INA Sec. 244(b)(1) prescribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135.
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At least 60 days before the expiration of a foreign state'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 Burma 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 Burma'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). I estimate approximately 1,600 individuals are
eligible to apply for TPS under the designation of Burma. On the basis
of this determination, I am designating Burma for TPS for 18 months,
from May 25, 2021 through November 25, 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 Burma, you must
submit an Application for Temporary Protected Status (Form I-821) and
pay 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 November 25, 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 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
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
[[Page 28136]]
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, if you requested one. Properly filing early will also allow
you 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 biometric
services fee. However, you are urged to refile within 45 days of the
date on any USCIS fee waiver denial notice. See INA section
244(c)(1)(A)(iv); 8 U.S.C. 1254a(c)(1)(A)(iv); 8 CFR 244.6(a).
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 an initial applicant for TPS must pay the Form I-821
filing fee and those applicants age 14 or older must also pay the
biometric services fee, unless granted a fee waiver, 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 $50 filing fee and 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 Temporary Protected Status
(Form I-821) and Application for Employment Authorization (Form I-765)
and supporting documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
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You are applying through the U.S. Citizenship and Immigration
U.S. Postal Service. Services, Attn: TPS Burma, P.O. Box
6943, Chicago, IL 60680-6943.
You are using FedEx, UPS, or U.S. Citizenship and Immigration
DHL. Services, Attn: TPS Burma (Box 6943),
131 S Dearborn St. 3rd Floor, Chicago,
IL 60603-5517.
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While Burma is designated for TPS, if you are 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 USCIS to verify your grant of TPS and
process your application.
Supporting Documents
The filing instructions on 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
``Burma.''
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS and EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-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-821 or 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 TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new EAD,
regardless of whether you already have an EAD or work authorization
based on another immigration status. If you want to obtain a TPS-based
EAD valid through November 25, 2022, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation, such as
evidence of my status or proof of my Burmese citizenship, for Form I-9
completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from 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 proof of Burmese citizenship when completing Form I-9 for
new hires or reverifying the employment authorization of current
employees. Refer to the ``Note to
[[Page 28137]]
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, 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 job 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 under DHS
regulations, and 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/ier and the
USCIS and E-Verify websites at uscis.gov/i-9-central and e-verify.gov.
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.
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 they require you 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 show you are authorized to work based on TPS. Examples of
such documents are:
Your new EAD with a category code of A12 or C19; or
A copy of your Form I-94, Arrival/Departure Record or Form
I-797, the notice of approval, for your Form I-821, if you received one
from USCIS.
Check with the government agency regarding which document(s) the
agency will accept.
Some benefit-granting agencies use the SAVE program to confirm the
current immigration status of applicants for public benefits. SAVE can
verify when an individual has TPS 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 for information about correcting records on
the SAVE website at www.uscis.gov/save.
[FR Doc. 2021-11075 Filed 5-24-21; 8:45 am]
BILLING CODE 9111-97-P
