Extension and Redesignation of Yemen for Temporary Protected Status, 36295-36302 [2021-14670]

Agencies

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

[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36295-36302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14670]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2690-21; DHS Docket No. USCIS-2015-0005]
RIN 1615-ZB76


Extension and Redesignation of Yemen for Temporary Protected 
Status

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice of Temporary Protected Status extension and 
redesignation.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Yemen for Temporary Protected Status (TPS) 
for 18 months, from September 4, 2021, through March 3, 2023, and 
redesignating Yemen for 18 months, effective September 4, 2021, through 
March 3, 2023. The extension allows currently eligible TPS 
beneficiaries to retain TPS through March 3, 2023, so long as they 
otherwise continue to meet the eligibility requirements for TPS. The 
redesignation of Yemen allows additional individuals who have been 
continuously residing in the United States since July 5, 2021, to 
obtain TPS, if otherwise eligible. Through this Notice, DHS also sets 
forth procedures necessary for Yemeni nationals (or individuals having 
no nationality who last habitually resided in Yemen) either to submit 
an initial registration application under the redesignation and apply 
for an Employment Authorization Document (EAD) or, if they already have 
TPS, to re-register under the extension and to apply for renewal of 
their EADs with U.S. Citizenship and Immigration Services (USCIS). 
USCIS will issue new EADs with a March 3, 2023 expiration date to 
eligible beneficiaries under Yemen's TPS designation who timely 
reregister and apply for EADs under this extension, or who timely 
register and apply for EADs under this redesignation.

DATES: 
    Extension of Designation of Yemen for TPS: The 18-month extension 
of the TPS designation of Yemen is effective September 4, 2021, and 
will remain in effect through March 3, 2023. The 60-day re-registration 
period runs from July 9, 2021 through September 7, 2021. (Note: It is 
important for re-registrants to timely re-register during this 60-day 
period and not to wait until their EADs expire.)
    Redesignation of Yemen for TPS: The 18-month redesignation of Yemen 
for TPS is effective September 4, 2021, and will remain in effect 
through March 3, 2023. The initial registration period for new 
applicants under the Yemen TPS redesignation begins on July 9, 2021 and 
will remain in effect through March 3, 2023.\1\
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    \1\ In general, individuals must be given an initial 
registration period of no less than 180 days to register for TPS, 
but the Secretary has discretion to provide for a longer 
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). Historically, 
the length of the initial registration period has varied. Compare 66 
FR 14214 (March 9, 2001) (18-month initial registration period for 
applicants under TPS designation for El Salvador) with 80 FR 36346 
(June 24, 2015) (180-day initial registration period for applicants 
under TPS designation for Nepal). In recent years this period has 
generally been limited to the statutory minimum of 180 days, 
although later extensions of the initial registration period have 
also been announced for some countries. See, e.g., 81 FR 4051 (Jan. 
25, 2016) (setting 180-day initial registration period during 
extension and redesignation of South Sudan for TPS); 78 FR 1866 
(Jan. 9, 2013) (setting 180-day initial registration period during 
extension and redesignation of Sudan for TPS); but see 75 FR 39957 
(July 13, 2010) (extension of previously announced initial 180-day 
registration period for Haiti TPS applicants to allow more time for 
individuals to apply). After evaluating whether to limit the initial 
registration period for TPS under this new designation of Yemen to 
the statutory minimum of 180 days, DHS has determined that it will 
provide the full 18 months of this designation for applicants to 
file their initial registration Form I-821 and, if desired, Form I-
765 to obtain employment authorization documentation. Limiting the 
initial registration period to 180 days may place a burden on 
applicants who are unable to timely file but would otherwise be 
eligible for a grant of TPS. In addition, permitting registration 
throughout the entirety of the designation period could reduce the 
operational burden on USCIS, as incoming applications may be spread 
out over a longer period of time. This extended registration period 
is both in keeping with the humanitarian purpose of TPS and will 
better advance the goal of ensuring ``the Federal Government 
eliminates . . . barriers that prevent immigrants from accessing 
government services available to them.'' See Executive Order 14012, 
Restoring Faith in Our Legal Immigration Systems and Strengthening 
Integration and Inclusion Efforts for New Americans, 86 FR 8277.

FOR FURTHER INFORMATION CONTACT: 
     You may contact Andria Strano, Acting Chief, Humanitarian 
Affairs Division, Office of Policy and Strategy, U.S. Citizenship and 
Immigration Services, U.S. 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 
re-registration process and additional information on eligibility, 
please visit the USCIS TPS web page at https://www.uscis.gov/tps. You 
can find specific information about this extension of Yemen's TPS 
designation by selecting ``Yemen'' from the menu on the left side of 
the TPS web page.
     If you have additional questions about TPS, please visit 
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of 
your questions and point you to additional information on our website. 
If you are unable to find your answers there, you may also call our 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
     Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at https://www.uscis.gov, or visit the USCIS Contact Center at 
uscis.gov/contactcenter.
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

BIA Board of Immigration Appeals
CFR Code of Federal Regulations
DHS U.S. Department of Homeland Security
DOS U.S. Department of State
EAD Employment Authorization Document
FNC Final Nonconfirmation
Form I-765 Application for Employment Authorization
Form I-797 Notice of Action
Form I-821 Application for Temporary Protected Status
Form I-9 Employment Eligibility Verification
Form I-912 Request for Fee Waiver
Form I-94 Arrival/Departure Record

[[Page 36296]]

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

    Through this Notice, DHS sets forth procedures necessary for 
eligible nationals of Yemen (or individuals having no nationality who 
last habitually resided in Yemen) to (1) re-register for TPS and to 
apply for renewal of their EADs with USCIS or (2) submit an initial 
registration application under the redesignation and apply for an EAD.
    Re-registration is limited to individuals who have previously 
registered for TPS under the designation of Yemen and whose 
applications have been granted.
    For individuals who have already been granted TPS under Yemen's 
designation, the 60-day re-registration period runs from July 9, 2021 
through September 7, 2021. USCIS will issue new EADs with a March 3, 
2023 expiration date to eligible Yemeni TPS beneficiaries who timely 
re-register and apply for EADs. Given the timeframes involved with 
processing TPS re-registration applications, DHS recognizes that not 
all re-registrants may receive new EADs before their current EADs 
expire on September 3, 2021. Accordingly, through this Federal Register 
Notice, DHS automatically extends the validity of EADs previously 
issued under the TPS designation of Yemen for 180 days, through March 
2, 2022. Therefore, TPS beneficiaries can show their EADs with: (1) A 
September 3, 2021 expiration date on the face of the card and (2) an A-
12 or C-19 category code as proof of continued employment authorization 
through March 2, 2022. This Notice explains how TPS beneficiaries and 
their employers may determine which EADs are automatically extended and 
how this affects the Form I-9, Employment Eligibility Verification, E-
Verify, and USCIS Systematic Alien Verification for Entitlements (SAVE) 
processes.
    Individuals who have a Yemen TPS application (Form I-821) and/or 
Application for Employment Authorization (Form I-765) that was still 
pending as of July 9, 2021 do not need to file either application 
again. If USCIS approves an individual's Form I-821, USCIS will grant 
the individual TPS through March 3, 2023. Similarly, if USCIS approves 
a pending TPS-related Form I-765, USCIS will issue the individual a new 
EAD that will be valid through the same date. There are approximately 
1,700 current beneficiaries under Yemen's TPS designation.\2\
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    \2\ Data extracted from the Computer Linked Application 
Information Management System (CLAIMS3) and the USCIS Electronic 
Immigration System (ELIS) database in March, 2021.
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    Under the redesignation, individuals who do not have TPS may submit 
an initial application during the initial registration period that runs 
from July 9, 2021 and runs through the full length of the redesignation 
period ending March 3, 2023. In addition to demonstrating continuous 
residence in the United States since July 5, 2021 and meeting other 
eligibility criteria, initial applicants for TPS under this 
redesignation must demonstrate that they have been continuously 
physically present in the United States since September 4, 2021, the 
effective date of this redesignation of Yemen, before USCIS may grant 
them TPS. The DHS Office of Immigration Statistics has estimated that 
approximately 480 individuals may become newly eligible for TPS under 
the redesignation of Yemen.

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 prior to the travel.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
     When the Secretary terminates a country's TPS designation, 
beneficiaries return to one of the following:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
been terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, as long as it is still valid 
beyond the date TPS terminates.

When was Yemen designated for TPS?

    Former Secretary of Homeland Security Jeh Johnson initially 
designated Yemen for TPS on September 3, 2015, based on ongoing armed 
conflict in the country resulting from the July 2014 offensive by the 
Houthis, a northern opposition group that initiated a violent, 
territorial expansion across the country, eventually forcing Yemeni 
government leaders into exile in Saudi Arabia. See Designation of 
Republic of Yemen for Temporary Protected Status, 80 FR 53319 (Sept. 3, 
2015). On January 4, 2017, former Secretary Johnson announced an 18-
month extension of Yemen's existing designation and a redesignation of 
Yemen for TPS on the dual bases of ongoing armed conflict and 
extraordinary and temporary conditions. See Extension and Redesignation 
of Republic of Yemen for Temporary Protected Status, 82 FR 859 (Jan. 4, 
2017). In July 2018, former Secretary Kirstjen Nielsen extended Yemen's 
designation for 18 months, though March 3, 2020. See Extension of the 
Designation of Yemen for Temporary Protected Status, 83 FR 40307 (Aug. 
14, 2018). Most recently, former Acting Secretary Chad Wolf extended 
Yemen's TPS designation for an additional 18 months through September 
3, 2021. See Extension of the Designation of Yemen for Temporary 
Protected Status, 85 FR 12313 (Mar. 2, 2020).

What authority does the Secretary have to extend the designation of 
Yemen for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government (Government), to designate a foreign state (or part thereof) 
for TPS if the Secretary determines that certain country conditions 
exist.\3\ 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, extension or termination 
of

[[Page 36297]]

a designation. See INA section 244(b)(5)(A). The Secretary, in his/her 
discretion, may then grant TPS to eligible nationals of that foreign 
state (or individuals having no nationality who last habitually resided 
in the designated country). See INA section 244(a)(1)(A), 8 U.S.C. 
1254a(a)(1)(A).
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    \3\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to DHS ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security 
Act of 2002, tit. XV, section 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in the 
foreign state designated for TPS to determine whether the conditions 
for the TPS designation continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary does not 
determine that the foreign state no longer meets the conditions for TPS 
designation, the designation will be extended for an additional period 
of 6 months or, in the Secretary's discretion, 12 or 18 months. See INA 
section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the 
Secretary determines that the foreign state no longer meets the 
conditions for TPS designation, the Secretary must terminate the 
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

What is the Secretary's authority to redesignate Yemen for TPS?

    In addition to extending an existing TPS designation, the 
Secretary, after consultation with appropriate Government agencies, may 
redesignate a country (or part thereof) for TPS.\4\ See section 
244(b)(1) of the Act, 8 U.S.C. 1254a(b)(1); see also section 
244(c)(1)(A)(i) of the Act, 8 U.S.C. 1254a(c)(1)(A)(i) (requiring that 
``the alien has been continuously physically present since the 
effective date of the most recent designation of the state'') (emphasis 
added).
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    \4\ This extension and redesignation of TPS for Yemen is one of 
several instances in which the Secretary and, prior to the 
establishment of DHS, the Attorney General have simultaneously 
extended a country's TPS designation and redesignated the country 
for TPS. See, e.g., 76 FR 29000 (May 19, 2011) (extension and 
redesignation for Haiti); 69 FR 60168 (Oct. 7, 2004) (extension and 
redesignation for Sudan); 62 FR 16608 (Apr. 7, 1997) (extension and 
redesignation for Liberia).
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    When the Secretary designates or redesignates a country for TPS, 
the Secretary also has the discretion to establish the date from which 
TPS applicants must demonstrate that they have been ``continuously 
resid[ing]'' in the United States. See section 244(c)(1)(A)(ii) of the 
Act, 8 U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the 
``continuous residence'' date for applicants for TPS under the 
redesignation of Yemen shall be July 5, 2021. Initial applicants for 
TPS under this redesignation must also show they have been 
``continuously physically present'' in the United States since 
September 4, 2021, which is the effective date of the Secretary's most 
recent designation, or redesignation, of Yemen. See section 
244(c)(1)(A)(i) of the Act, 8 U.S.C. 1254a(c)(1)(A)(i). For each 
initial TPS application filed under the redesignation, the final 
determination of whether the applicant has met the ``continuous 
physical presence'' requirement cannot be made until September 4, 2021. 
USCIS, however, will issue employment authorization documentation, as 
appropriate, during the registration period in accordance with 8 CFR 
244.5(b).

Why is the Secretary extending the TPS designation for Yemen and 
simultaneously redesignating Yemen for TPS through March 3, 2023?

    DHS has reviewed conditions in Yemen. Based on this review and 
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the armed conflict is ongoing, and 
the extraordinary and temporary conditions that prompted the 2017 
redesignation of Yemen persist. The Secretary has further determined 
that the conditions support redesignating Yemen for TPS under section 
244(b)(1)(A) and (C) of the Act and changing the dates for ``continuous 
residence'' and ``continuous physical presence'' in the United States 
that applicants must meet, in addition to other requirements, to be 
eligible for TPS.
    In September 2014, the Houthi clan, with their armed wing, Ansar 
Allah, and forces allied with them, launched an attack on Sana'a, 
Yemen's capital city, and much of the surrounding areas in an attempt 
to remove Yemen's President Abdu Rabbu Mansour Hadi.\5\ The armed 
conflict in Yemen escalated on March 25, 2015, when a coalition that 
included Saudi Arabia and the United Arab Emirates (UAE) entered the 
conflict with the aim of retaking the Houthis' territorial gains and 
returning President Hadi to power.\6\ Now in its seventh year, the 
protracted conflict has shown no sign of abating, as fighting between 
Houthi and government forces continues.\7\
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    \5\ The War in Yemen and the Making of a Chaos State, The 
Atlantic, February 3, 2018.
    \6\ Saudi Arabia bombs Yemen, launches coalition op against 
Houthi rebels, Reuters, March 25, 2015.
    \7\ Kali Robinson, Yemen's Tragedy: War, Stalemate, and 
Suffering, Council on Foreign Relations, Feb. 5, 2021.
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    There are 24.1 million people (approximately 80% of the population) 
in need of humanitarian assistance as a result of civil war and 
conflict in Yemen.\8\ The United Nations High Commissioner for Refugees 
(UNHCR) has recorded 69,160 Yemeni refugees and asylum-seekers in 
neighboring countries.\9\ Over 4 million people have been internally 
displaced within Yemen, and 166,000 of those were displaced in 
2020.\10\ The number of those killed since the escalation in violence 
in 2015 is estimated at over 233,000 individuals.\11\ The protracted 
armed conflict has resulted in high levels of food insecurity, limited 
access to water and medical care, and the large-scale destruction of 
Yemen's infrastructure and cultural heritage.\12\
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    \8\ The United Nations in Yemen, https://yemen.un.org/en/about/about-the-un, (last visited April 26, 2021).
    \9\ Refugee Data Finder, The UN Refugee Agency, UNHCR, https://www.unhcr.org/refugee-statistics/download/?url=Gb4fe1 (last visited 
Apr. 16, 2021).
    \10\ Operational Update: Yemen, UNHCR, April 15, 2021.
    \11\ UN humanitarian office puts Yemen war dead at 233,000, 
mostly from `indirect causes', UN News, Dec. 1, 2020.
    \12\ Heritage at Risk in Yemen, UNESCO, https://en.unesco.org/galleries/heritage-risk-yemen (last visited April 16, 2021).
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    The ongoing conflict has deepened Yemen's difficult economic and 
humanitarian situation. The food security situation has significantly 
deteriorated, with 16.2 million people experiencing food 
insecurity.\13\ The conflict has also severely impacted the delivery of 
basic services, including health services, water, sanitation, and 
education. UNICEF estimates that 18 million people in Yemen 
(approximately 59% of the population) do not currently have access to 
clean water and sanitation.\14\ Infrastructure damage as a result of 
the conflict has further constrained service delivery and relief 
efforts, as roads, bridges, flood control systems, health facilities, 
airports, and schools have been damaged or destroyed in the 
conflict.\15\ Even if a political resolution to the conflict is 
reached, Yemen will be faced with tremendous reconstruction needs. 
Additionally, thousands of landmines have been placed during the 
conflict,

[[Page 36298]]

with mine clearance likely taking years to complete.\16\
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    \13\ WFP Yemen Emergency Dashboard, World Food Programme, March 
2021.
    \14\ UNICEF Yemen, Water, Sanitation, Hygiene, https://www.unicef.org/yemen/water-sanitation-and-hygiene (last visited 
April 23, 2021).
    \15\ Saudi-led attacks devastated Yemen's civilian 
infrastructure, dramatically worsening the humanitarian crisis, The 
Washington Post, Feb. 22, 2021.
    \16\ Yemen: Houthi Landmines Kill Civilians, Block Aid, Human 
Rights Watch, April 22, 2019.
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    COVID-19 has devastated what remained of Yemen's healthcare 
infrastructure after years of protracted conflict. In April of 2021, it 
was reported that a new wave of COVID infections had more than doubled 
the number of confirmed cases in the preceding six weeks, and that 
while health facilities are increasingly turning people away for lack 
of space and supplies, reporting mechanisms capture only a small share 
of cases.\17\ In December of 2020, it was reported that only 51% of 
Yemen's health facilities were functioning, and the country had 
desperately low testing capacity for COVID-19, a total of only 700 
intensive care beds, and just 500 ventilators available for a 
population of over 30 million people.\18\ In July of 2020, 
approximately 20% of the country's 333 districts had no medical 
doctors, with numbers continuing to decline as scores of doctors died 
from the virus.\19\ Healthcare for mothers and their babies is on the 
brink of collapse, with only 20% of the remaining healthcare facilities 
providing maternal and newborn healthcare as of December 2020.\20\ One 
woman and six newborns in Yemen die every two hours due to 
complications during pregnancy or childbirth.\21\
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    \17\ Under-Secretary-General for Humanitarian Affairs and 
Emergency Relief Coordinator, Mark Lowcock: Briefing to the Security 
Council on the Humanitarian Situation in Yemen, United Nations 
Office for the Coordination of Humanitarian Affairs, April 15, 2021.
    \18\ A crisis with no end in sight: How the ongoing crisis in 
Taiz Governorate continues to put civilians at risk, Oxfam, p. 3, 
Dec. 2020.
    \19\ Agencies fear hidden cholera deaths in Yemen as Covid-19 
overwhelms clinics, The Guardian, July 28, 2020.
    \20\ After years of conflict, Yemen remains the world's worst 
humanitarian crisis, a UNFPA 2021 appeal shows, Reliefweb, Dec. 7, 
2020.
    \21\ After years of conflict, Yemen remains the world's worst 
humanitarian crisis, a UNFPA 2021 appeal shows, Reliefweb, Dec. 7, 
2020.
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    Yemen's citizens have also been beleaguered by a cholera outbreak 
since 2016.\22\ Between October 2016 and December 2020, 2,510,806 cases 
of cholera were recorded in Yemen.\23\ COVID-19 can exacerbate death 
tolls in areas with cholera outbreaks, because the twin crises can 
overwhelm the healthcare system, and COVID-19 outbreaks can discourage 
cholera patients from seeking medical attention.\24\ The cholera 
outbreak in Yemen is considered to be the worst in modern times, 
affecting all other major health crises, including COVID-19, and 
contributing to widespread malnutrition.\25\
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    \22\ Yemen's cholera outbreak now the worst in history as 
millionth case looms, The Guardian, Oct. 12, 2017.
    \23\ Cholera Situation in Yemen, December 2020, World Health 
Organization, Dec. 2020.
    \24\ Osama B. Hassan & Laura B. Nellums, Cholera during COVID-
19: The forgotten threat for forcibly displaced populations, 
EClinicalMedicine published by The Lancet, Volume 32, Feb. 11, 2021.
    \25\ Agencies fear hidden cholera deaths in Yemen as Covid-19 
overwhelms clinics, The Guardian, July 28, 2020.
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    Since March of 2020, the economy of Yemen has contracted sharply 
from an already low base.\26\ The COVID-19 pandemic depressed the 
worldwide oil market, which was particularly problematic for Yemen as 
the oil sector was previously the only large export earner in the 
Yemeni economy.\27\ Yemen's private sector has suffered greatly from 
the armed conflict, and the shrinking of the economy has also affected 
the ability of laborers to bring home wages due to an extremely 
unreliable supply chain and a coercive business environment.\28\
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    \26\ Republic of Yemen, World Bank Economic Update, April 2021.
    \27\ Republic of Yemen, World Bank Economic Update, April 2021.
    \28\ Republic of Yemen, World Bank Economic Update, April 2021.
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    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     The conditions supporting Yemen's designation for TPS 
continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C. 
1254a(b)(3)(A) and (C).
     There continues to be an ongoing armed conflict in Yemen 
and, due to such conflict, requiring the return to Yemen of Yemeni 
nationals (or individuals having no nationality who last habitually 
resided in Yemen) would pose a serious threat to their personal safety. 
See INA section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
     There continue to be extraordinary and temporary 
conditions in Yemen that prevent Yemeni nationals (or individuals 
having no nationality who last habitually resided in Yemen) from 
returning to Yemen in safety, and it is not contrary to the national 
interest of the United States to permit Yemeni TPS beneficiaries to 
remain in the United States temporarily. See INA section 244(b)(1)(C), 
8 U.S.C. 1254a(b)(1)(C).
     The designation of Yemen for TPS should be extended for an 
18-month period, from September 4, 2021, through March 3, 2023. See INA 
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Yemen should be simultaneously redesignated for TPS 
effective September 4, 2021, through March 3, 2023, on the statutory 
bases of ongoing armed conflict and extraordinary and temporary 
conditions. See section 244(b)(1)(A) and (C) and (b)(2) of the Act, 8 
U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
     Under the redesignation, the Secretary has determined that 
TPS applicants must demonstrate that they have continuously resided in 
the United States since July 5, 2021.
     Initial TPS applicants under the redesignation must 
demonstrate that they have been continuously physically present in the 
United States since September 4, 2021, the effective date of the 
redesignation of Yemen for TPS.
     There are approximately 1,700 current Yemen TPS 
beneficiaries who are expected to be eligible to re-register for TPS 
under the extension.\29\
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    \29\ See FN 2.
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     It is estimated that approximately 480 additional 
individuals may be eligible for TPS under the redesignation of Yemen. 
This estimate includes Yemenis in the United States as nonimmigrants or 
without immigration status.

Notice of Extension of the TPS Designation and Redesignation of Yemen 
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 Government agencies, the conditions supporting Yemen's 
designation for TPS continue to be met. See INA section 244(b)(3)(A), 8 
U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am 
simultaneously extending the existing designation of TPS for Yemen for 
18 months, from September 4, 2021 through March 3, 2023 and 
redesignating Yemen for TPS for the same 18-month period. See INA 
section 244(b)(1)(A), (b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(A), 
(b)(1)(C), and (b)(2).

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

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

    To register or re-register for TPS based on the designation of 
Yemen, you must submit an Application for Temporary Protected Status 
(Form I-821). If you are filing an initial application, you must pay 
the fee for the Application for Temporary Protected Status (Form I-821) 
or, if you can demonstrate an inability to pay the fee, you may be able

[[Page 36299]]

to have the fee waived. A fee waiver may be requested by submitting a 
Request for a Fee Waiver (Form I-912). If you are filing an application 
for re-registration, you do not need to pay the fee for the Application 
for Temporary Protected Status (Form I-821). There is no Form I-821 fee 
for re-registration. See 8 CFR 244.17. You may be required to pay the 
biometric services fee. If you can demonstrate an inability to pay the 
biometric services fee, you may request to have the fee waived. Please 
see additional information under the ``Biometric Services Fee'' section 
of this Notice.
    EAD information if you are already a TPS Yemen Beneficiary:
    Through this Federal Register Notice, your existing EAD issued 
under the TPS designation of Yemen with the expiration date of 
September 3, 2021, is automatically extended for 180 days, through 
March 2, 2022. Although not required to do so, if you want to obtain a 
new EAD valid through March 3, 2023, you must file an Application for 
Employment Authorization (Form I-765) and pay the Form I-765 fee (or 
request a fee waiver). If you do not want a new EAD, you do not have to 
file Form I-765 and pay the Form I-765 fee. If you do not want to 
request a new EAD now, you may also file Form I-765 at a later date and 
pay the fee (or request a fee waiver), provided that you still have TPS 
or a pending TPS application. You may file the application for a new 
EAD either prior to or after your current EAD has expired. However, you 
are strongly encouraged to file your application for a new EAD as early 
as possible to avoid gaps in the validity of your employment 
authorization documentation and to ensure that you receive your new EAD 
by March 2, 2022.
    If you have a Form I-821 and/or Form I-765 that was still pending 
as of July 9, 2021, then you do not need to file either application 
again. If USCIS approves your pending TPS application, USCIS will grant 
you TPS through March 3, 2023. Similarly, if USCIS approves your 
pending TPS-related Form I-765, it will be valid through the same date.
    EAD information if you are not already a TPS Yemen Beneficiary:
    Everyone must provide their employer with documentation showing 
that they have the legal right to work in the United States. You do not 
need to have an EAD, but you can obtain one and it will prove your 
legal right to work. If you are applying for initial registration and 
want an EAD, you must file and pay the fee for the Application for 
Employment Authorization (Form I-765). 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 https://www.uscis.gov/tps. Fees 
for the Form I-821, the Form I-765, and biometric services are also 
described in 8 CFR 103.7(b)(1)(i).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age and older. Those applicants must generally submit a 
biometric services fee. As previously stated, if you can demonstrate an 
inability to pay the biometric services fee, you may be able to have 
the fee waived. A fee waiver may be requested by submitting a Request 
for Fee Waiver (Form I-912). For more information on the application 
forms and fees for TPS, please visit the USCIS TPS web page at 
www.uscis.gov/tps. If necessary, you may be required to visit an 
Application Support Center to have your biometrics captured. For 
additional information on the USCIS biometrics screening process, 
please see the USCIS Customer Profile Management Service Privacy Impact 
Assessment, available at www.dhs.gov/privacy.

Refiling a TPS Initial Registration Application After Receiving Notice 
That the Fee Waiver Request Was Not Granted

    You should file as soon as possible so USCIS can process your 
application and issue any EAD promptly, if you requested one. If you 
receive a denial of a fee waiver request related to your initial TPS 
application, you must refile your Form I-821 for TPS along with the 
required fees no later than March 3, 2023, in order to continue seeking 
initial TPS. If your fee waiver request was not granted, 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:  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. However, 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 
or at any later date you decide you want to request an EAD. If you 
choose to do this, to register for TPS you only need to file the 
Form I-821 with the $50 filing fee and the biometric services fee, 
if applicable (or request a fee waiver).

Refiling a TPS Re-Registration Application After Receiving Notice That 
the Fee Waiver Request Was Not Granted

    You should file as soon as possible so USCIS can process your 
application and issue any EAD promptly, if you requested one. Properly 
filing early will also allow you to have time to refile your 
application before the deadline, should USCIS not grant your fee waiver 
request. If you receive a notice that your fee waiver request was not 
granted and are unable to refile by September 7, 2021, you may still 
refile your Form I-821 with the biometrics fee. USCIS will review this 
situation to determine whether you established good cause for late TPS 
re-registration. However, you are urged to refile within 45 days of the 
date on any USCIS notice that the fee waiver was not granted, if 
possible. See INA section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 
244.17(b). For more information on good cause for late re-registration, 
visit the USCIS TPS web page at https://www.uscis.gov/tps. If your fee 
waiver request is not granted, 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:  A re-registering TPS beneficiary age 14 and older must 
pay the biometric services fee (but not the Form I-821 filing fee), 
or request a fee waiver, when filing a TPS re-registration 
application. However, you may decide to wait to request an EAD. 
Therefore, you do not have to file the Form I-765 or pay the 
associated Form I-765 fee (or request a fee waiver) at the time of 
re-registration, and could wait to seek an EAD until after USCIS has 
approved your TPS re-registration application or at any later date 
you decide you want to request an EAD. If you choose to do this, to 
re-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.

[[Page 36300]]



                       Table 1--Mailing Addresses
------------------------------------------------------------------------
  If you would like to send
     your application by:           Then, mail your application to:
------------------------------------------------------------------------
U.S. Postal Service..........  U.S. Citizenship and Immigration
                                Services, Attn: TPS Yemen, P.O. Box
                                6943, Chicago, IL 60680-6943.
FedEx, UPS, or DHL...........  U.S. Citizenship and Immigration
                                Services, Attn: TPS Yemen (Box 6943),
                                131 S. Dearborn Street--3rd Floor,
                                Chicago, IL 60603-5517.
------------------------------------------------------------------------

    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the 
BIA, please mail your application to the appropriate mailing address in 
Table 1. When re-registering and requesting an EAD based on an IJ/BIA 
grant of TPS, please include a copy of the IJ or BIA order granting you 
TPS with your application. This will help us to verify your grant of 
TPS and process your application.

Supporting Documents

    The filing instructions on the Form I-821 list all the documents 
needed to establish eligibility for TPS. You may also find information 
on the acceptable documentation and other requirements for applying or 
registering for TPS on the USCIS website at www.uscis.gov/tps under 
``Yemen.''

Employment Authorization Document (EAD)

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

    To get case status information about your TPS application, 
including the status of an EAD request, you can check Case Status 
Online at https://www.uscis.gov, or visit the USCIS Contact Center at 
uscis.gov/contactcenter. If your Form I-765 has been pending for more 
than 90 days, and you still need assistance, you may ask a question 
about your case online at egov.uscis.gov/e-request/Intro.do or call the 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).

Am I eligible to receive an automatic 180-day extension of my current 
EAD through March 2, 2022, using this Federal Register Notice?

    Yes. Regardless of your country of birth, provided that you 
currently have a Yemen TPS-based EAD with an expiration date of 
September 3, 2021, on the face of the card, bearing the notation A-12 
or C-19 under Category, this notice automatically extends your EAD 
through March 2, 2022. Although this Federal Register Notice 
automatically extends your EAD through March 2, 2022, you must re-
register timely for TPS in accordance with the procedures described in 
this Federal Register Notice to maintain your TPS and employment 
authorization.

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

    You can find the Lists of Acceptable Documents on the third page of 
Form I-9 as well as the Acceptable Documents web page at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete 
Form I-9 to verify the identity and employment authorization of all new 
employees. Within 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 for List A, 
List B, or List C documents 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 https://www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. See the section 
``How do my employer and I complete Form I-9 using my automatically 
extended EAD for a new job?'' of this Federal Register Notice for 
further information. If your EAD has an expiration date of September 3, 
2021 and states A-12 or C-19 under Category, it has been extended 
automatically by virtue of this Federal Register Notice and you may 
choose to present your EAD to your employer as proof of identity and 
employment eligibility for Form I-9 through March 2, 2022, unless your 
TPS has been withdrawn or your request for TPS has been denied.

What documentation may I present to my employer for Form I-9 if I am 
already employed but my current TPS-related EAD is set to expire?

    Even though your EAD has been automatically extended, your employer 
is required by law to ask you about your continued employment 
authorization. Your employer may need to re-inspect your automatically 
extended EAD to check the Card Expires date and Category code if your 
employer did not keep a copy of your EAD when you initially presented 
it. Once your employer has reviewed the Card Expiration date and 
Category code, your employer should update the EAD expiration date in 
Section 2 of Form I-9. See the section ``What updates should my current 
employer make to Form I-9 if my EAD has been automatically extended?'' 
of this Federal Register Notice for further information. You may show 
this Federal Register Notice to your employer to explain what to do for 
Form I-9 and to show that your EAD has been automatically extended 
through March 2, 2022, but you are not required to do so. The last day 
of the automatic EAD extension is March 2, 2022. Before you start work 
on March 3, 2022, your employer is required by law to reverify your 
employment authorization in Section 3 of Form I-9. By that time, you 
must present any document from List A or any document from List C on 
Form I-9 Lists of Acceptable Documents, or an acceptable List A or List 
C receipt described in the Form I-9 instructions to reverify employment 
authorization.
    Your employer may not specify which List A or List C document you 
must present and cannot reject an acceptable receipt.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my Yemeni citizenship or a Form I-797C 
showing I re-registered for TPS?

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the Form I-9 Lists of Acceptable Documents that reasonably appears to 
be genuine and that relates to you, or an acceptable List A, List B, or 
List C receipt.

[[Page 36301]]

Employers need not reverify List B identity documents. Therefore, 
employers may not request proof of Yemeni citizenship or proof of re-
registration for TPS when completing Form I-9 for new hires or 
reverifying the employment authorization of current employees. If you 
present an EAD that has been automatically extended, employers should 
accept it as a valid List A document so long as the EAD reasonably 
appears to be genuine and relates to you. Refer to the Note to 
Employees section of this Federal Register Notice for important 
information about your rights if your employer rejects lawful 
documentation, requires additional documentation, or otherwise 
discriminates against you based on your citizenship or immigration 
status, or your national origin.

How do my employer and I complete Form I-9 using my automatically 
extended EAD for a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before March 3, 2022, for Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter March 2, 
2022 as the ``expiration date''; and
    b. Enter your Alien Number/USCIS number or A-Number where indicated 
(your EAD or other document from DHS will have your USCIS number or A-
Number printed on it; the USCIS number is the same as your A-Number 
without the A prefix).
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended by ensuring it is in 
category A-12 or C-19 and has a Card Expires date of September 3, 2021;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write March 2, 2022, as the expiration date.
    Before the start of work on March 3, 2022, employers must reverify 
the employee's employment authorization in Section 3 of Form I-9.

What updates should my current employer make to Form I-9 if my EAD has 
been automatically extended?

    If you presented a TPS-related EAD that was valid when you first 
started your job and your EAD has now been automatically extended, your 
employer may need to re-inspect your current EAD if they do not have a 
copy of the EAD on file. Your employer should determine if your EAD is 
automatically extended by ensuring that it contains Category A-12 or C-
19 and has a Card Expires date of September 3, 2021, on the front of 
the card.
    If your employer determines that your EAD has been automatically 
extended, your employer should update Section 2 of your previously 
completed Form I-9 as follows:
    1. Write EAD EXT and March 2, 2022, as the last day of the 
automatic extension in the Additional Information field; and
    2. Initial and date the correction.

    Note:  This is not considered a reverification. Employers do not 
complete Section 3 until either the 180-day automatic extension has 
ended, or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By March 3, 2022, 
when the employee's automatically extended EAD has expired, 
employers are required by law to reverify the employee's employment 
authorization in Section 3.

If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee by 
entering the number from the Document Number field on Form I-9 into the 
document number field in E-Verify. Employers should enter March 2, 
2022, as the expiration date for an EAD that has been extended under 
this Federal Register Notice.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiring'' alert for an automatically 
extended EAD?

    E-Verify automated the verification process for TPS-related EADs 
that are automatically extended. If you have employees who provided a 
TPS-related EAD when they first started working for you, you will 
receive a ``Work Authorization Documents Expiring'' case alert when the 
auto-extension period for this EAD is about to expire. Before this 
employee starts work on March 3, 2022, you must reverify his or her 
employment authorization in Section 3 of Form I-9. Employers may not 
use E-Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Federal Register Notice 
does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at 
[email protected]. USCIS accepts calls and emails in English and 
many other languages. For questions about avoiding discrimination 
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, 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]. Calls are accepted in English, 
Spanish, and many other languages. Employees or applicants may also 
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, including discrimination 
related to Form I-9 and E-Verify. The IER Worker Hotline provides 
language interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Form I-9 Instructions. Employers may not require extra 
or additional documentation beyond what is required for Form I-9 
completion. Further, employers participating in E-Verify who receive an 
E-Verify case result of Tentative Nonconfirmation (TNC) must promptly 
inform employees of the TNC and give such employees an opportunity to 
contest the TNC. A TNC case result means that the information entered 
into E-Verify from an employee's Form I-9 differs from Federal or state 
government records.
    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 
verify an employee's employment eligibility. An employer may terminate 
employment based on a case result of FNC. Work-authorized

[[Page 36302]]

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 https://www.justice.gov/ier and on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.

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

    For Federal purposes, TPS beneficiaries presenting an automatically 
extended EAD as referenced in this Federal Register Notice do not need 
to show any other document, such as an I-797C Notice of Action or this 
Federal Register Notice, to prove that they qualify for this extension. 
However, while Federal Government agencies must follow the guidelines 
laid out by the Federal Government, state and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each state may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, state, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary, show you are authorized to work based on TPS or other 
status, and/or that may be used by DHS to determine whether you have 
TPS or other immigration status. Examples of such documents are:
     Your current EAD with a TPS category code of A12 or C19;
     Your Form I-94, Arrival/Departure Record;
     Your Form I-797, Notice of Action, reflecting approval of 
your Form I-765; or
     Your Form I-797, the notice of approval, for a past or 
current 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 USCIS' 
Systematic Alien Verification for Entitlements (SAVE) program to 
confirm the current immigration status of applicants for public 
benefits. While SAVE can verify when an individual has TPS, each 
agency's procedures govern whether they will accept an unexpired EAD, 
Form I-797, or Form I-94, Arrival/Departure Record. If an agency 
accepts the type of TPS-related document you are presenting, such as an 
EAD, the agency should accept your automatically extended EAD. It may 
assist the agency if you:
    a. Present the agency with a copy of the relevant Federal Register 
Notice showing the extension of TPS-related documentation in addition 
to your recent TPS-related document with your A-number, USCIS number or 
Form I-94 number;
    b. Explain that SAVE will be able to verify the continuation of 
your TPS using this information; and
    c. Ask the agency to initiate a SAVE query with your information 
and follow through with additional verification steps, if necessary, to 
get a final SAVE response verifying your TPS.
    You can also ask the agency to look for SAVE notices or contact 
SAVE if they have any questions about your immigration status or 
automatic extension of TPS-related documentation. In most cases, SAVE 
provides an automated electronic response to benefit-granting agencies 
within seconds, but, occasionally, verification can be delayed. You can 
check the status of your SAVE verification by using CaseCheck at 
save.uscis.gov/casecheck/. CaseCheck is a free service that lets you 
follow the progress of your SAVE verification case using your date of 
birth and one immigration identifier number (A-number, USCIS number or 
Form I-94 number) or Verification Case Number. If an agency has denied 
your application based solely or in part on a SAVE response, the agency 
must offer you the opportunity to appeal the decision in accordance 
with the agency's procedures. If the agency has received and acted upon 
or will act upon a SAVE verification and you do not believe the SAVE 
response is correct, find detailed information on how to make 
corrections or update your immigration record, make an appointment, or 
submit a written request to correct records. More information can be 
found on the SAVE website at www.uscis.gov/save.

[FR Doc. 2021-14670 Filed 7-7-21; 4:15 pm]
BILLING CODE 9111-97-P