Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal, 50725-50733 [2021-19617]
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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[CBP Dec. 21–13]
Determination That Maintenance of
Finding of March 29, 2021, Pertaining
to Certain Disposable Gloves
Produced in Malaysia, Is No Longer
Necessary
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Determination that merchandise
is no longer subject to 19 U.S.C. 1307.
AGENCY:
On March 29, 2021, U.S.
Customs and Border Protection (CBP),
with the approval of the Secretary of
Homeland Security, issued a Finding
that certain disposable gloves, were
mined, produced, or manufactured in
Malaysia by Top Glove Corporation Bhd
with the use of convict, forced, or
indentured labor, and were being, or
were likely to be, imported into the
United States. CBP has now determined,
based upon additional information, that
such merchandise is no longer being, or
is likely to be, imported into the United
States in violation of section 307 of the
Tariff Act of 1930, as amended.
DATES: This determination applies to
any merchandise described in this
notice that is imported on or after
September 10, 2021.
FOR FURTHER INFORMATION CONTACT: Juan
M. Estrella, Chief, Operations Branch,
Forced Labor Division, Trade Remedy
Law Enforcement Directorate, Office of
Trade, (202) 325–6087 or forcedlabor@
cbp.dhs.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
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I. Background
Pursuant to section 307 of the Tariff
Act of 1930, as amended (19 U.S.C.
1307), ‘‘[a]ll goods, wares, articles, and
merchandise mined, produced, or
manufactured wholly or in part in any
foreign country by convict labor or/and
forced labor or/and indentured labor
under penal sanctions shall not be
entitled to entry at any of the ports of
the United States, and the importation
thereof is hereby prohibited.’’ Under
this section, ‘‘forced labor’’ includes ‘‘all
work or service which is exacted from
any person under the menace of any
penalty for its nonperformance and for
which the worker does not offer himself
voluntarily’’ and includes forced or
indentured child labor.
The CBP regulations promulgated
under the authority of 19 U.S.C. 1307
are found at sections 12.42 through
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12.45 of title 19, Code of Federal
Regulations (CFR) (19 CFR 12.42–12.45).
Among other things, these regulations
allow any person outside of CBP to
communicate his or her belief that a
certain ‘‘class of merchandise . . . is
being, or is likely to be, imported into
the United States [in violation of 19
U.S.C. 1307].’’ 19 CFR 12.42(a), (b).
Upon receiving such information, the
Commissioner ‘‘will cause such
investigation to be made as appears to
be warranted by the circumstances
. . . .’’ 19 CFR 12.42(d). CBP also has
the authority to self-initiate an
investigation. 19 CFR 12.42(a). If the
Commissioner of CBP finds that the
information available ‘‘reasonably but
not conclusively indicates that
merchandise within the purview of
section 307 is being, or is likely to be,
imported,’’ the Commissioner will order
port directors to ‘‘withhold release of
any such merchandise pending [further]
instructions.’’ 19 CFR 12.42(e). After
issuance of such a withhold release
order, the covered merchandise will be
detained by CBP for an admissibility
determination and will be excluded
unless the importer demonstrates that
the merchandise was not made using
labor in violation of 19 U.S.C. 1307. 19
CFR 12.43–12.44. The importer may
also export the merchandise. 19 CFR
12.44(a).
These regulations also set forth the
procedure for the Commissioner of CBP
to issue a Finding when it is determined
that the merchandise is subject to the
provisions of 19 U.S.C. 1307. Pursuant
to 19 CFR 12.42(f), if the Commissioner
of CBP determines that merchandise
within the purview of 19 U.S.C. 1307 is
being, or is likely to be, imported into
the United States, the Commissioner of
CBP will, with the approval of the
Secretary of the Department of
Homeland Security (DHS), publish a
Finding to that effect in the Customs
Bulletin and in the Federal Register.1
Under the authority of 19 CFR 12.44(b),
CBP may seize and forfeit imported
merchandise covered by a Finding.
On July 15, 2020, CBP issued a
withhold release order on ‘‘disposable
gloves’’ reasonably indicated to be
1 Although
the regulation states that the Secretary
of the Treasury must approve the issuance of a
Finding, the Secretary of the Treasury delegated
this authority to the Secretary of Homeland Security
in Treasury Order No. 100–16 (68 FR 28322). In
Delegation Order 7010.3, Section II.A.3, the
Secretary of Homeland Security delegated the
authority to issue a Finding to the Commissioner of
CBP, with the approval of the Secretary of
Homeland Security. The Commissioner of CBP, in
turn, delegated the authority to make a Finding
regarding prohibited goods under 19 U.S.C. 1307 to
the Executive Assistant Commissioner, Office of
Trade.
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50725
manufactured by forced labor in
Malaysia by Top Glove Corporation Bhd
(Top Glove). Through its investigation,
CBP determined that there was
sufficient information to support a
Finding that Top Glove was
manufacturing disposable gloves with
forced labor and that such merchandise
was likely being imported into the
United States. Pursuant to 19 CFR
12.42(f), CBP issued a Finding to that
effect in the Federal Register on March
29, 2021 (86 FR 16380).2
Since that time, Top Glove has
provided additional information to CBP,
which CBP believes establishes by
satisfactory evidence that the subject
disposable gloves are no longer mined,
produced, or manufactured in any part
with forced labor. 19 CFR 12.42(g).
II. Determination
Pursuant to 19 U.S.C. 1307 and 19
CFR 12.42(g), it is hereby determined
that the articles described below are no
longer being mined, produced, or
manufactured wholly or in part with the
use of convict, forced, or indentured
labor by Top Glove in Malaysia.
The subject articles are disposable
gloves classified under Harmonized
Tariff Schedule of the United States
(HTSUS) subheadings 3926.20.1020,
4015.11.0150, 4015.19.0510,
4015.19.0550, 4015.19.1010,
4015.19.1050, and 4015.19.5000, which
are mined, produced, or manufactured
by Top Glove in Malaysia.
Dated: September 3, 2021.
AnnMarie R. Highsmith,
Executive Assistant Commissioner, Office of
Trade.
[FR Doc. 2021–19535 Filed 9–9–21; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2676–21; DHS Docket No. USCIS–
2019–0020]
RIN 1615–ZB83
Continuation of Documentation for
Beneficiaries of Temporary Protected
Status Designations for El Salvador,
Haiti, Nicaragua, Sudan, Honduras,
and Nepal
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
AGENCY:
2 The Finding was also published in the Customs
Bulletin and Decisions (Vol. 55, No. 14, p. 13) on
April 14, 2021.
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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices
Notice of Continuation of
Temporary Protected Status and related
documentation for Certain TPS
beneficiaries.
ACTION:
Through this notice, the
Department of Homeland Security
(DHS) announces actions to ensure its
continued compliance with the
preliminary injunction orders of the
U.S. District Court for the Northern
District of California in Ramos, et al. v.
Nielsen, et. al., No. 18–cv–01554 (N.D.
Cal. Oct. 3, 2018) (‘‘Ramos’’) and the
U.S. District Court for the Eastern
District of New York in Saget, et. al., v.
Trump, et. al., No. 18–cv–1599
(E.D.N.Y. Apr. 11, 2019) (‘‘Saget’’), and
with the order of the U.S. District Court
for the Northern District of California to
stay proceedings in Bhattarai v. Nielsen,
No. 19–cv–00731 (N.D. Cal. Mar. 12,
2019) (‘‘Bhattarai’’). Beneficiaries under
the Temporary Protected Status (TPS)
designations for El Salvador, Nicaragua,
Sudan, Honduras, and Nepal will retain
their TPS while the preliminary
injunction in Ramos and the Bhattarai
orders remain in effect, provided that
their TPS is not withdrawn because of
individual ineligibility. Beneficiaries
under the TPS designation for Haiti will
retain their TPS while either of the
preliminary injunctions in Ramos or
Saget remain in effect, provided that
their TPS is not withdrawn because of
individual ineligibility. However, on
August 3, 2021, DHS issued a new
designation for Haiti TPS, and in order
to secure TPS pursuant to the new Haiti
designation, eligible individuals must
apply before the close of the registration
period on Feb. 3, 2023. Eligible
individuals are strongly encouraged to
apply at the earliest practicable date, to
ensure that their TPS continues beyond
the court-ordered extensions and
without any gaps in status. See
Designation of Haiti for Temporary
Protected Status. In addition, eligible
individuals who do not register for the
new TPS designation during the
registration period, may be prohibited
from filing a late initial registration
during any subsequent extension of the
designation if they do not meet certain
conditions. This notice further provides
information on the automatic extension
of the validity of TPS-related
Employment Authorization Documents
(EADs); Notices of Action (Forms I–
797); and Arrival/Departure Records
(Forms I–94), (collectively ‘‘TPS-related
documentation’’); for those beneficiaries
under the TPS designations for El
Salvador, Haiti, Nicaragua, Sudan,
Honduras, and Nepal.
DATES: DHS is automatically extending
the validity of TPS-related
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SUMMARY:
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documentation for beneficiaries under
the TPS designations for El Salvador,
Haiti, Nicaragua, Sudan, Honduras, and
Nepal through December 31, 2022, from
the current expiration date of October 4,
2021.
FOR FURTHER INFORMATION CONTACT:
b 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 Dr, Camp Springs, MD 20529–
2140; or by phone at 800–375–5283.
b For further information on TPS,
please visit the USCIS TPS web page at
www.uscis.gov/tps.
b 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 U.S. Citizenship and Immigration
Services (USCIS) Contact Center at 800–
375–5283 (TTY 800–767–1833).
b Applicants seeking information
about the status of their individual cases
may check Case Status Online, available
on the USCIS website at www.uscis.gov,
or visit the USCIS Contact Center at
uscis.gov/contactcenter.
b Further information will also be
available at local USCIS offices upon
publication of this notice.
SUPPLEMENTARY INFORMATION:
Background on TPS
Table of Abbreviations
This notice ensures DHS’s continued
compliance with various court orders
issued by the federal district courts in
the Ramos, Bhattarai, and Saget
lawsuits that require DHS to maintain
the TPS designations for El Salvador,
Haiti, Sudan, Nicaragua, Honduras, and
Nepal, as well as the TPS and TPSrelated documentation for eligible
affected beneficiaries.1 The U.S. Court
of Appeals for the Ninth Circuit vacated
the district court’s preliminary
injunction in Ramos on September 14,
2020, holding that the plaintiffs’ claims
under the Administrative Procedures
BIA—Board of Immigration Appeals
CFR—Code of Federal Regulations
DHS—U.S. Department of Homeland
Security
EAD—Employment Authorization Document
EOIR—Executive Office for Immigration
Review
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
Government—U.S. Government
IER—U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee Rights
Section
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
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• TPS is a temporary immigration
status granted to eligible nationals of a
country designated for TPS under the
Immigration and Nationality Act (INA)
or to eligible 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 travel abroad
temporarily with the prior consent of
DHS.
• 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 of Homeland
Security (the Secretary) terminates a
country’s TPS designation, beneficiaries
return to one of the following:
Æ The same immigration status or
category that they maintained before
TPS, if any (unless that status or
category has since expired or been
terminated); or
Æ Any other lawfully obtained
immigration status or category they
received while registered for TPS, as
long as it is still valid on the date TPS
terminates.
Purpose of This Action
1 See Ramos, et al. v. Nielsen, et. al., No. 18–cv–
01554 (N.D. Cal. Oct. 3, 2018) (district court granted
preliminary injunction against terminations of TPS
for El Salvador, Haiti, Sudan, and Nicaragua)
(‘‘Ramos’’); Saget, et. al., v. Trump, et. al., No. 18–
cv–1599 (E.D.N.Y. Apr. 11, 2019) (district court
granted preliminary injunction against termination
of TPS for Haiti) (‘‘Saget’’); and Bhattarai, et al. v.
Nielsen, et al., No. 19–cv–00731 (N.D. Cal. Mar. 12,
2019) (district court stayed proceedings until
Ramos appeal decided and approved parties’
stipulation for continued TPS and issuance of TPSrelated documentation to eligible, affected
beneficiaries of TPS for Honduras and Nepal during
the stay and pendency of the appeal) (‘‘Bhattarai’’).
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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices
Act were not subject to judicial review.
However, the appellate order is not
currently effective because the Ninth
Circuit has not issued its ‘‘mandate’’ to
the federal district court to carry out the
order, as the plaintiffs’ petition for
rehearing en banc remains pending.2
Therefore, the Ramos preliminary
injunction remains in effect. In addition,
the order of the district court in
Bhattarai staying proceedings and
approving the parties’ stipulated
agreement to continue TPS and TPSrelated documentation for eligible
beneficiaries from Nepal and Honduras
remains in effect. The Saget district
court order prohibiting the termination
of TPS for Haiti also remains in effect
while the decision is on appeal to the
U.S. Court of Appeals for the Second
Circuit. Affected TPS beneficiaries from
the six countries will retain their status,
provided they continue to meet all the
individual requirements for TPS
eligibility described in INA section
244(c) and 8 CFR 244. As necessary,
DHS will publish future information in
the Federal Register to ensure its
compliance with any relevant court
orders that may be issued after the date
of this notice.
DHS initially published notices to
ensure its compliance with the Ramos
preliminary injunction on October 31,
2018 and March 1, 2019, and the
Bhattarai order to stay proceedings on
May 10, 2019. See 83 FR 54764; 84 FR
7103; and 84 FR 20647. The Department
later published a notice to ensure its
continued compliance with the
combined orders in Ramos, Bhattarai,
and Saget on November 4, 2019. That
notice automatically extended certain
TPS and TPS-related documentation
through January 4, 2021 for all eligible
TPS beneficiaries covered by the courts’
orders. See 84 FR 59403. The
Department last published a notice to
ensure its continued compliance with
these combined court orders on
December 9, 2020. That notice again
automatically extended certain TPS and
TPS-related documentation through
October 4, 2021 for all eligible TPS
beneficiaries covered by the courts’
orders. See 85 FR 79208. Through this
Federal Register notice, DHS announces
actions to ensure its continued
compliance with the district court
orders in these three lawsuits while
those orders remain in effect.
The TPS designations for El Salvador,
Nicaragua, and Sudan will remain in
effect, as required by the Ramos district
court order, so long as the preliminary
injunction remains in effect. The 2011
2 See Ramos, et al., v. Wolf, et al., No. 18–16981
(9th Cir., September 14, 2020).
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TPS designation for Haiti will remain in
effect, as required by the preliminary
injunction orders in both Ramos and
Saget, so long as either of those
preliminary injunctions remain in
effect. The TPS designations for
Honduras and Nepal will remain in
effect so long as the Bhattarai order
staying proceedings and approving the
parties’ stipulated agreements continues
in effect. Affected TPS beneficiaries
under the TPS designations for El
Salvador, Haiti, Nicaragua, Sudan,
Honduras, and Nepal will retain their
TPS and their TPS-related
documentation will continue to be valid
in accordance with the specific orders
that affect the TPS designations
regarding their individual countries,
provided that the affected beneficiaries
continue to meet all the individual
requirements for TPS. See INA section
244(c)(3). See also 8 CFR 244.14. DHS
will not terminate TPS for any of the
affected countries pending final
disposition of the Ramos appeal,
including through any additional
appellate channels in which relief may
be sought, or by other orders of the
court. Following consideration of
current country conditions, the
Secretary has already newly designated
Haiti for TPS for eighteen months,
allowing individuals covered by the
Ramos and Saget injunctions as well as
other eligible individuals to register for
and maintain TPS through February 3,
2023.
DHS is further announcing it is
automatically extending, through
December 31, 2022, the validity of
certain TPS-related documentation, as
specified in this notice, for beneficiaries
under the TPS designations for El
Salvador, Haiti, Nicaragua, Sudan,
Honduras, and Nepal provided that the
affected beneficiaries remain
individually eligible for TPS.
Automatic Extension of EADs Issued
Under the TPS Designations for El
Salvador, Haiti, Nicaragua, Sudan,
Honduras, and Nepal
Through this Federal Register notice,
DHS automatically extends the validity
of EADs listed in Table 1 below issued
to beneficiaries under the TPS
designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and
Nepal. Such beneficiaries may show
their EADs to employers to demonstrate
they have employment authorization
and may choose to also show employers
this Federal Register notice to explain
that their TPS-Related Documentation
has been automatically extended
through December 31, 2022. This notice
explains how TPS beneficiaries, their
employers, and benefit-granting
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50727
agencies 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.
Additionally, a beneficiary under the
TPS designation for any of these
countries who has applied for a new
EAD but who has not yet received his
or her new EAD is covered by this
automatic extension, provided that the
EAD he or she possesses contains one of
the expiration dates listed in Table 1
below.
TABLE 1—AFFECTED EADS
If an EAD has a category
code of A–12 or C–19
and an expiration date of:
07/22/2017
11/02/2017
01/05/2018
01/22/2018
03/09/2018
06/24/2018
07/05/2018
11/02/2018
01/05/2019
04/02/2019
06/24/2019
07/22/2019
09/09/2019
01/02/2020
01/05/2020
03/24/2020
01/04/2021
10/04/2021
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
Then the validity
of the EAD is
extended through:
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
Automatic Extension of Forms I–94 and
Forms I–797
Also through this Federal Register
notice, DHS automatically extends the
validity periods of the Forms I–94 and
Forms I–797 listed in Table 2 below
previously issued to beneficiaries under
the TPS designations for El Salvador,
Haiti, Nicaragua, Sudan, Honduras, and
Nepal. These extensions apply only if
the TPS beneficiary properly filed for reregistration during either the most
recent DHS-announced registration
period for their country, or any
applicable previous DHS-announced reregistration periods for the beneficiary’s
country,3 or has a re-registration
3 El Salvador: July 8–Sept. 6, 2016, or Jan. 18–
Mar. 19, 2018;
Haiti: Aug. 25–Oct. 26, 2015, May 24–July 24,
2017, or Jan. 18–Mar. 19, 2018;
Honduras: May 16–July 16, 2016; Dec. 15, 2017–
Feb. 13, 2018 or June 5–Aug. 6, 2018;
Nepal: Oct. 26–Dec. 27, 2016 or May 22–July 23,
2018;
Nicaragua: May 16–July 15, 2016 or Dec. 15,
2017–Feb. 13, 2018;
Sudan: Jan. 25–March 25, 2016 or Oct. 11, 2017–
Dec. 11, 2017.
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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices
application that remains pending. This
notice does not extend the validity
periods of Forms I–94 or Forms I–797
for any TPS beneficiary who failed to
file for TPS re-registration during one of
the applicable previous DHS-announced
re-registration periods, or for whom a reregistration request has been denied. In
addition, the extensions do not apply
for any beneficiary from whom TPS has
been withdrawn.
TABLE 2—AFFECTED FORMS I–94 AND I–797 4
Country
El Salvador ...............................................................................
Haiti ...........................................................................................
Honduras ..................................................................................
Nepal .........................................................................................
Nicaragua ..................................................................................
Sudan ........................................................................................
Application Procedures
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Current beneficiaries covered by the
court orders that continue the TPS
designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and Sudan
do not need to pay a fee or file any
application, including Application for
Employment Authorization (Form I–
765), to maintain their TPS benefits
through December 31, 2022 under this
notice, provided that they have properly
re-registered for TPS during either the
most recent DHS-announced registration
period for their country, or any
applicable previous re-registration
period described in Footnote 3.
However, in order to secure TPS
pursuant to the new Haiti designation,
eligible individuals must apply before
the close of the registration period on
Feb. 3, 2023. Eligible individuals for the
new TPS Haiti designation are strongly
encouraged to apply at the earliest
practicable date, to ensure that their
TPS continues beyond the court-ordered
extensions and without any gaps in
status.
In addition, eligible individuals who
do not register for the new TPS
4 Your Forms I–94 and I–797 may show a
different beginning date of validity than those listed
here if you were a late initial filer (LIF) at the time
because the forms would have the date of approval
of your LIF application for TPS. As long as they
bear an end date of validity listed in this chart, then
they are automatically extended by this Notice.
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Beginning date of validity:
End date of validity:
Sept. 10, 2016 ........................
Mar. 10, 2018 .........................
Sept. 10, 2019 ........................
Jan. 23, 2016 ..........................
July 23, 2017 ..........................
Jan. 23, 2018 ..........................
July 23, 2019 ..........................
July 6, 2016 ............................
Jan. 6, 2018 ............................
July 6, 2018 ............................
Jan. 6, 2020 ............................
Dec. 25, 2016 .........................
June 25, 2018 .........................
June 25, 2019 .........................
July 6, 2016 ............................
Jan. 6, 2018 ............................
Jan. 6, 2019 ............................
May 3, 2016 ............................
Nov. 3, 2017 ...........................
Nov. 3, 2018 ...........................
Mar. 9, 2018 ...........................
Sept. 9, 2019 ..........................
Oct. 4, 2021 ............................
July 22, 2017 ..........................
Jan. 22, 2018 ..........................
July 22, 2019 ..........................
Oct. 4, 2021 ............................
Jan. 5, 2018 ............................
July 5, 2018 ............................
Jan. 5, 2020 ............................
Oct. 4, 2021 ............................
June 24, 2018 .........................
June 24, 2019 .........................
Oct. 4, 2021 ............................
Jan. 5, 2018 ............................
Jan. 5, 2019 ............................
Oct. 4, 2021 ............................
Nov. 2, 2017 ...........................
Nov. 2, 2018 ...........................
Oct. 4, 2021 ............................
designation during the registration
period, may be prohibited from filing a
late initial registration during any
subsequent extension of the designation
if they do not meet certain conditions.
See 8 CFR 244.2(f)(2).
TPS beneficiaries who have failed to
re-register properly for TPS during any
of these re-registration periods may still
file an Application for Temporary
Protected Status (Form I–821), but must
demonstrate ‘‘good cause’’ for failing to
re-register on time, as required by law.
See INA section 244(c)(3)(C) (TPS
beneficiary’s failure to register without
good cause in form and manner
specified by DHS is ground for TPS
withdrawal); 8 CFR 244.17(b) and Form
I–821 instructions.5
Any currently eligible beneficiary
who does not presently have a pending
EAD application under the TPS
designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras or Nepal
may file Form I–765 with appropriate
fee in order to obtain a new EAD with
a printed expiration date of December
31, 2022.
5 An applicant for TPS Haiti who applies under
the procedures announced in the Notice regarding
the new TPS designation of Haiti at 86 FR 41863
(Aug. 3, 2021) is an initial applicant and does not
have to demonstrate ‘‘good cause’’ for failing to reregister under prior TPS Haiti designations.
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Frm 00035
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Validity of
forms I–94
and I–797
extended
through:
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
Possible Future Actions
In order to comply with statutory
requirements for TPS while the district
courts’ orders or any superseding court
order concerning the beneficiaries under
the TPS designations for El Salvador,
Haiti, Nicaragua, Sudan, Honduras, and
Nepal remain in effect, DHS may require
these beneficiaries to re-register and will
announce the re-registration procedures
in a future Federal Register notice. DHS
has the authority to conduct TPS reregistration in accordance with INA
section 244(c)(3)(C) and 8 CFR 244.17.
Through the re-registration process,
which is generally conducted every
twelve to eighteen months while a
country is designated for TPS, USCIS
determines whether each TPS
beneficiary is continuing to maintain
individual eligibility for TPS, including
but not limited to, the requirements
related to disqualifying criminal or
security issues. See id.; INA section
244(c)(2); 8 CFR 244.2, 244.3, and 244.4
(describing individual TPS eligibility
requirements, including mandatory
criminal and security bars).
The Secretary has already newly
designated Haiti for TPS for eighteen
months through February 3, 2023. 86 FR
41863. Eligible Haitian nationals (and
individuals having no nationality who
last habitually resided in Haiti) who
wish to receive or continue their
existing TPS through that date are
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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices
encouraged to submit their applications
for TPS by following the instructions in
the Federal Register notice, Designation
of Haiti for Temporary Protected Status,
at 86 FR 41863. Failure to submit an
application under the new designation
of Haiti, however, does not affect the
continuation of the validity of the TPS
and TPS documents through December
31, 2022 as described in this notice.
The Government has appealed both
the Ramos and Saget preliminary
injunctions. The U.S. Court of Appeals
for the Ninth Circuit ruled for the
Government and vacated the Ramos
preliminary injunction on September
14, 2020. However, the preliminary
injunction remains in effect because the
appellate court has not issued its
directive (i.e., the mandate) to the
district court to implement the panel’s
decision due to the pendency of the
plaintiffs’ petition for rehearing en banc.
Should the Government ultimately
prevail in its challenge to the Ramos
preliminary injunction, and absent any
further change in the TPS designations
for Nicaragua, Sudan, Honduras, and
Nepal, the Secretary’s determination to
terminate TPS for those countries would
take effect no earlier than 120 days from
the issuance of any appellate mandate to
the district court. Absent any further
change in the TPS designation for El
Salvador, the Secretary’s determination
to terminate TPS for that country will
take effect no earlier than 365 days from
the issuance of any appellate mandate to
the Ramos district court. DHS provides
this additional time for El Salvador TPS
beneficiaries in part because there are
almost 100,000 more such beneficiaries
than in the combined TPS beneficiary
populations of all the other five
countries covered by this notice.6 The
additional period of 245 days beyond
120 days would permit an orderly
transition for beneficiaries of TPS from
El Salvador as they return to their
homeland. If the Government prevails in
its appeals, DHS will also continue to
monitor the circumstances of the
affected beneficiaries under the other
five TPS country designations covered
by this notice. See INA section
244(d)(3).
To the extent that a Federal Register
notice has automatically extended TPSrelated documentation beyond 120 days
from the issuance of any appellate
mandate to the District Court, DHS
reserves the right to issue a subsequent
Federal Register notice announcing an
expiration date for the documentation
6 As of December 31, 2019, the number of TPS
beneficiaries covered under the affected
designations were: El Salvador 247,412; Haiti
55,218; Nicaragua 4,409; Sudan 771; Honduras
79,290; Nepal 14,549.
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18:09 Sep 09, 2021
Jkt 253001
that corresponds to the last day of the
120-day period for Sudan, Nicaragua,
Honduras, and Nepal. Should the
Government move to vacate the
Bhattarai order to stay proceedings in
light of an appellate decision affirming
the preliminary injunction in Ramos
that suggests a basis on which to
distinguish the determinations to
terminate the TPS designations for
Honduras and Nepal from the TPS
terminations at issue in Ramos, TPS
will remain in effect for Honduras and
Nepal for at least 180 days following an
order of the District Court vacating the
stay in proceedings.
The Secretary has announced a new
18-month designation of Haiti for TPS,
which continues through February 3,
2023. Application procedures for TPS
under this new Haiti designation,
including for individuals who currently
have TPS pursuant to the court orders,
are provided in the notice published at
86 FR 41863.
Additional Notes
Nothing in this notice affects DHS’s
ongoing authority to determine on a
case-by-case basis whether a TPS
beneficiary continues to meet the
eligibility requirements for TPS
described in INA section 244(c) and the
implementing regulations in part 244 of
Title 8 of the Code of Federal
Regulations.
Notice of Compliance with the ‘‘Order
Enjoining the Implementation and
Enforcement of Determinations to
Terminate the TPS Designations for El
Salvador, Haiti, Nicaragua, and Sudan’’
in Ramos, the ‘‘Order Enjoining the
Implementation of Enforcement of
Determination to Terminate the TPS
Designation of Haiti’’ in Saget, and the
‘‘Order to Stay Proceedings and
Agreement to Stay the Determinations to
Terminate the TPS Designations for
Honduras and Nepal’’ in Bhattarai
The previously announced
determinations to terminate the existing
designations of TPS for El Salvador,
Nicaragua, and Sudan 7 will not be
implemented or enforced unless and
until the district court’s order in Ramos
is reversed and that reversal becomes
final. The previously announced
determination to terminate the 2011
designation of TPS for Haiti will not be
implemented or enforced unless and
until the district court’s order in Saget
is reversed and the reversal becomes
7 See Termination of the Designation of El
Salvador for Temporary Protected Status, 83 FR
2654 (Jan. 18, 2018); Termination of the Designation
of Nicaragua for Temporary Protected Status, 82 FR
59636 (Dec. 15, 2017); Termination of the
Designation of Sudan for Temporary Protected
Status, 82 FR 47228 (Oct. 11, 2017).
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Frm 00036
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50729
final.8 As required by the order to stay
proceedings in Bhattarai, DHS will not
implement or enforce the previously
announced determinations to terminate
the existing TPS designations for
Honduras and Nepal 9 unless and until
the district court’s order in Ramos
enjoining implementation and
enforcement of the determinations to
terminate the TPS designations for El
Salvador, Haiti, Nicaragua, and Sudan is
reversed and that reversal becomes final
for some or all of the affected countries,
or by other order of the court. Any
termination of TPS-related
documentation for beneficiaries under
the TPS designations for Nicaragua,
Sudan, Honduras, and Nepal will go
into effect no earlier than 120 days, and
no earlier than 365 days for
beneficiaries under the TPS designation
for El Salvador, following the issuance
of any mandate to the district court, as
described in the ‘‘Possible Future
Action’’ section of this Federal Register
notice.10
In further compliance with the stillvalid district court orders, DHS is
publishing this notice automatically
extending the validity of the TPS-related
documentation specified in the
Supplementary Information section of
this notice through December 31, 2022,
for eligible beneficiaries under the TPS
designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and
Nepal. DHS will continue to issue
notices that will automatically extend
TPS-related documentation for all
affected beneficiaries under the TPS
designations for El Salvador, Nicaragua,
Sudan, Honduras and Nepal, so long as
the Ramos preliminary injunction and
Bhattarai order to stay proceedings
remain in place; for Haiti as long as the
Ramos or Saget preliminary injunctions
remain in place; or by other order of the
court. However, should compliance
with the Ramos, Bhattarai, and/or Saget
court orders remain necessary, DHS may
announce periodic re-registration
procedures for eligible TPS beneficiaries
in accordance with the INA and DHS
8 See Termination of the Designation of Haiti for
Temporary Protected Status, 83 FR 2648 (Jan. 18,
2018).
9 See Termination of the Designation of Honduras
for Temporary Protected Status, 83 FR 26074 (June
5, 2018); Termination of the Designation of Nepal
for Temporary Protected Status, 83 FR 23705 (May
22, 2018).
10 An additional provision in the Bhattarai Order
to Stay Proceedings states that if the preliminary
injunction in Ramos is upheld, but the Government
moves to vacate the Bhattarai Order based on
reasons for distinguishing the terminations of TPS
for Honduras and Nepal from those under the
injunction in Ramos, TPS will remain in effect for
Honduras and Nepal for at least 180 days following
an order of the District Court vacating its stay of
proceedings order.
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regulations. DHS further continues its
commitment to a transition period, as
described above.
All TPS beneficiaries must continue
to maintain their TPS eligibility by
meeting the requirements for TPS in
INA section 244(c) and 8 CFR part 244.
DHS will continue to adjudicate any
pending TPS re-registration and
pending late initial applications for
affected beneficiaries under the TPS
designations for El Salvador, Nicaragua,
Sudan, Honduras, and Nepal. Nationals
of Haiti (and individuals having no
nationality who last habitually resided
in Haiti) are encouraged to apply under
the new designation for Haiti
announced at 86 FR 41863.11 DHS will
also continue to make appropriate
individual TPS withdrawal decisions in
accordance with existing procedures if
an individual no longer maintains TPS
eligibility. DHS will take appropriate
steps to continue its compliance with
the orders, and with all statutory
requirements.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
Approved Documentation To
Demonstrate Continuation of Lawful
Status and TPS-Related Employment
Authorization
• Documentation automatically
extended through this Federal Register
notice dated September 10, 2021.
Æ Certain TPS-related documentation,
including EADs, of affected
beneficiaries under the TPS
designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and
Nepal, that are automatically extended
through this Federal Register notice
through December 31, 2022.
Æ Regardless of their country of birth,
a beneficiary granted TPS under the
jbell on DSKJLSW7X2PROD with NOTICES
11 As noted above, the Department of Homeland
Security (DHS) announced that the Secretary of
Homeland Security (Secretary) has newly
designated Haiti for TPS for eighteen months,
effective August 3, 2021 through February 3, 2023.
This designation allows eligible Haitian nationals
(and individuals having no nationality who last
habitually resided in Haiti) who have continuously
resided in the United States since July 29, 2021, and
who have been continuously physically present in
the United States since August 3, 2021 to apply for
TPS. TPS beneficiaries whose TPS has been
continued pursuant to court orders, as described in
85 FR 79208 (Dec. 9, 2020), should newly apply for
TPS following the instructions in Federal Register
Notice Designation of Haiti for Temporary Protected
Status at 86 FR 41863.
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18:09 Sep 09, 2021
Jkt 253001
designation for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, or Nepal
may show his or her EAD that has been
automatically extended to his or her
employer to demonstrate identity and
continued TPS-related employment
eligibility to meet Employment
Eligibility Verification (Form I–9)
requirements. A beneficiary granted TPS
under a designation for one of these
countries may also choose to show an
employer this Federal Register notice,
which explains that his or her EAD has
been automatically extended.
Æ As evidence of his or her lawful
status, a TPS beneficiary may show his
or her EAD that has been automatically
extended, or Form I–94, or Form I–797,
along with a copy of this Federal
Register notice, to law enforcement,
federal, state, and local government
agencies, and private entities.
• Unexpired EAD.
• Alternatively, such a TPS
beneficiary may choose to show other
acceptable documents that are evidence
of identity and employment eligibility
as described in the instructions to Form
I–9.
Am I eligible to receive an automatic
extension of my current EAD using this
Federal Register notice?
Yes. Provided that you currently have
a TPS-related EAD with the specified
expiration dates below, this notice
automatically extends your EAD as
stated in Table 3 below.
TABLE 3—AFFECTED EADS
If your EAD has
category code of
A–12 or C–19
and an expiration
date of:
07/22/2017
11/02/2017
01/05/2018
01/22/2018
03/09/2018
06/24/2018
07/05/2018
11/02/2018
01/05/2019
04/02/2019
06/24/2019
07/22/2019
09/09/2019
01/02/2020
01/05/2020
03/24/2020
01/04/2021
PO 00000
Then this Federal
Register notice
extends your EAD
through:
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
......................
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12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
TABLE 3—AFFECTED EADS—
Continued
If your EAD has
category code of
A–12 or C–19
and an expiration
date of:
10/04/2021 ......................
Then this Federal
Register notice
extends your EAD
through:
12/31/2022
When hired, what documentation may I
show to my employer as evidence of
employment authorization and identity
when completing Form I–9?
You can find the Lists of Acceptable
Documents on the third page of Form I–
9 as well as the Acceptable Documents
web page at www.uscis.gov/i-9-central/
acceptable-documents. Employers must
complete Form I–9 to verify the identity
and employment authorization of all
new employees. Within 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 documentation
from List A (which provides evidence of
both your identity and employment
authorization) or documentation from
List B (which provides evidence of your
identity) together with documentation
from List C (which provides evidence of
your employment authorization), or you
may present an acceptable receipt as
described in the Form I–9 instructions.
Employers may not reject a document
based on a future expiration date. You
can find additional information about
Form I–9 on the I–9 Central web page
at www.uscis.gov/I-9Central.
An EAD is an acceptable document
under List A. See the section ‘‘How do
my employer and I complete Form I–9
using my automatically extended
employment authorization for a new
job?’’ of this Federal Register notice for
further information. If your EAD has one
of the expiration dates in Table 4 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 it to
your employer as proof of identity and
employment eligibility for Form I–9
through December 31, 2022, unless your
TPS has been withdrawn or your
request for TPS has been denied.
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50731
TABLE 4—AFFECTED EADS AND FORM I–9
Enter this date
in Section 1
of Form I–9:
If your EAD has category code of A–12 or C–19 and an expiration date of:
jbell on DSKJLSW7X2PROD with NOTICES
07/22/2017
11/02/2017
01/05/2018
01/22/2018
03/09/2018
06/24/2018
07/05/2018
11/02/2018
01/05/2019
04/02/2019
06/24/2019
07/22/2019
09/09/2019
01/02/2020
01/05/2020
03/24/2020
01/04/2021
10/04/2021
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
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...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
What documentation may I present to
my employer for Form I–9 if I am
already employed but my current TPSrelated EAD is set to expire?
Your employer may not specify which
List A or List C document you must
present and cannot reject an acceptable
receipt.
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 Expires
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 December 31, 2022 as indicated
in the above chart, but you are not
required to do so.
The last day of the automatic
extension for your EAD is December 31,
2022. On or before you start work on
January 1, 2023, 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.
Can I obtain a new EAD?
Yes, if you remain eligible for TPS
and apply for a new EAD, you can
obtain a new EAD. However, you do not
need to apply for a new EAD in order
to benefit from this automatic extension.
If you are a beneficiary under the TPS
designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, or Nepal
and want to obtain a new EAD valid
through December 31, 2022, then you
must file Form I–765 and pay the
associated fee (or obtain a fee waiver).
If you do not want a new EAD, you do
not have to file Form I–765 or pay the
Form I–765 fee. If you do not want to
request a new EAD now, you may file
Form I–765 at a later date and pay the
fee (or request a fee waiver), provided
that you still have TPS or a pending TPS
application.
If you are unable to pay the
application fee and/or biometric
services fee, you may request a fee
waiver 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 you have a Form I–821 and/or Form
I–765 application that is still pending
under the TPS designations for El
Salvador, Haiti, Nicaragua, Sudan,
Honduras, or Nepal, then you should
not file either application again. If your
pending Form I–821 is approved, you
will be issued Forms I–797 and I–94
through December 31, 2022. Similarly, if
you have a pending TPS-related Form
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18:09 Sep 09, 2021
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12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
12/31/2022
Your employer
must reverify your
employment
authorization by:
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
01/01/2023
I–765 that is approved, your new EAD
will be valid through December 31,
2022. Your TPS itself continues as long
as the preliminary injunction impacting
your country’s TPS designation remains
in effect and in accordance with any
relevant future Federal Register notices
that DHS may issue respecting your
country’s TPS designation, or until your
TPS is finally withdrawn for individual
ineligibility under INA section 244(c),
or the applicable TPS designation is
terminated as discussed in the ‘‘Possible
Future Action’’ section of this Federal
Register notice.
Can my employer require that I provide
any other documentation to prove my
status, such as proof of my citizenship
from El Salvador, Haiti, Nicaragua,
Sudan, Honduras, or Nepal?
No. When completing Form I–9,
including reverifying employment
authorization, employers must accept
any documentation that appears on the
Form I–9 Lists of Acceptable Documents
that reasonably appears to be genuine
and that relates to you, or an acceptable
List A, List B, or List C receipt.
Employers need not reverify List B
identity documents. Therefore,
employers may not request proof of
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 the employee. Refer to the
‘‘Note to Employees’’ section of this
Federal Register notice for important
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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
How do my employer and I complete
Form I–9 using my automatically
extended employment authorization for
a new job?
See Table 4 in the question ‘‘When
hired, what documentation may I show
to my employer as evidence of
employment authorization and identity
when completing Form I–9?’’ to
determine if your EAD has been
automatically extended.
1. For Section 1, you should:
a. Check ‘‘An alien authorized to work
until’’ and enter December 31, 2022, as
the expiration date; and
b. Enter your USCIS number or ANumber where indicated. (Your EAD or
other document from DHS will have
your USCIS number or A-Number
printed on it; the USCIS number is the
same as your A-Number without the A
prefix).
2. For Section 2, employers should:
a. Determine if your EAD has been
automatically extended by using Table 4
in the question ‘‘When hired, what
documentation may I show to my
employer as evidence of employment
authorization and identity when
completing Form I–9?’’
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write December 31, 2022, as the
expiration date.
On or before the start of work on
January 1, 2023, 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
employment authorization has been
automatically extended?
If you presented a TPS-related EAD
that was valid when you first started
your job and your EAD has now been
automatically extended, your employer
may need to re-inspect your current
EAD if they do not have a copy of the
EAD on file. See Table 4 in the question
‘‘When hired, what documentation may
I show to my employer as evidence of
employment authorization and identity
when completing Form I–9?’’ to
determine if your EAD has been
automatically extended.
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:
VerDate Sep<11>2014
18:09 Sep 09, 2021
Jkt 253001
a. Write EAD EXT and December 31,
2022, as the last day of the automatic
extension in the Additional Information
field; and
b. Initial and date the correction.
Note: This is not considered a
reverification. Employers should not
complete Section 3 until either this notice’s
automatic extension of EADs has ended, or
the employee presents a new document to
show continued employment authorization,
whichever is sooner. By January 1, 2023,
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 EVerify 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 December 31, 2022, as the
expiration date for EADs that have been
automatically 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 Expiration’’
alert for an automatically extended
EAD?
E-Verify has automated the
verification process for TPS-related
EADs that are automatically extended. If
you have employees who provided a
TPS-related EAD when they first started
working for you, you will receive a
‘‘Work Authorization Documents
Expiring’’ case alert when the autoextension period for this EAD is about
to expire. On or before this employee
starts work on January 1, 2023, you
must reverify his or her employment
authorization in Section 3 of Form I–9.
Employers may not use E-Verify for
reverification.
If I already have TPS for Haiti, do I need
to apply under the new TPS designation
for Haiti?
TPS beneficiaries under the Haiti
designation whose TPS has been
continued pursuant to court orders, and
as described in this notice, are strongly
encouraged to apply for TPS before the
close of the registration period on Feb.
3, 2023, following the instructions in
the August 3, 2021 Federal Register
notice regarding the new Designation of
Haiti for Temporary Protected Status at
86 FR 41863. Eligible individuals are
strongly encouraged to apply at the
earliest practicable date, to ensure that
their TPS continues beyond the courtordered extensions and without any
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
gaps in status. Eligible individuals who
do not register for the new TPS
designation during the registration
period may be prohibited from filing a
late initial registration during any
subsequent extension of the designation
if they do not meet certain conditions.
See 8 CFR 244.2(f)(2).
If you are found eligible for TPS
under the new Haiti designation, your
TPS will continue through February 3,
2023, even if the current court orders in
Ramos and Saget that continue TPS are
no longer in effect.
Note to All Employers
Employers are reminded that the laws
requiring proper employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
Federal Register notice does not
supersede or in any way limit
applicable employment verification
rules and policy guidance, including
those rules setting forth reverification
requirements. For general questions
about the employment eligibility
verification process, employers may call
USCIS at 888–464–4218 (TTY 877–875–
6028) or email USCIS at I9Central@
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’s Civil Rights
Division, Immigrant and Employee
Rights Section (IER) Employer Hotline
at 800–255–8155 (TTY 800–237–2515).
IER offers language interpretation in
numerous languages. Employers may
also email IER at IER@usdoj.gov.
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 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,
E:\FR\FM\10SEN1.SGM
10SEN1
Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
or an acceptable List A, List B, or List
C receipt as described in the Form I–9
instructions. Employers may not require
extra or additional documentation
beyond what is required for Form I–9
completion. Further, employers
participating in E-Verify who receive an
E-Verify case result of ‘‘Tentative
Nonconfirmation’’ (TNC) must promptly
inform employees of the TNC and give
such employees an opportunity to
contest the TNC. A TNC case result
means that the information entered into
E-Verify from an employee’s Form I–9
differs from records available to DHS.
Employers may not terminate,
suspend, delay training, withhold or
lower pay, or take any other 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 EVerify cannot verify an employee’s
employment eligibility. An employer
may terminate employment based on a
case result of FNC. Work-authorized
employees who receive an FNC may call
USCIS for assistance at 888–897–7781
(TTY 877–875–6028). For more
information about E-Verify-related
discrimination or to report an employer
for discrimination in the E-Verify
process based on citizenship,
immigration status, or national origin,
contact IER’s Worker Hotline at 800–
255–7688 (TTY 800–237–2515).
Additional information about proper
nondiscriminatory Form I–9 and EVerify procedures is available on the
IER website at www.justice.gov/ier and
on the USCIS and E-Verify websites at
www.uscis.gov/i-9-central and www.everify.gov.
Note Regarding Federal, State, and
Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, TPS
beneficiaries presenting an
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 receipt notice 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
VerDate Sep<11>2014
18:09 Sep 09, 2021
Jkt 253001
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;
• Your automatically extended EAD
with a TPS category code of A–12 or C–
19 and an expiration date shown in
Table 3 in the question ‘‘Am I eligible
to receive an automatic extension of my
current EAD using this Federal Register
notice?’’; or
• Your Form I–94, Arrival/Departure
Record or Form I–797 as shown in Table
2.
Check with the government agency
regarding which document(s) the agency
will accept.
Some benefit-granting agencies use
the USCIS Systematic Alien Verification
for Entitlements Program (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 TPS-related
document, regardless of your country of
birth. It may assist the agency if you:
a. Present the agency with a copy of
this Federal Register notice showing the
extension of TPS-related
documentation, in addition to your most
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 receive a final
SAVE response verifying your TPS and
TPS-related benefits.
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
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
50733
using your date of birth and one
immigration identifier number (ANumber, 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 case and you do not believe
the SAVE response is correct, the SAVE
website, https://www.uscis.gov/save, has
information on how to correct or update
your immigration record, make an
appointment, or submit a written
request to correct records.
[FR Doc. 2021–19617 Filed 9–9–21; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6276–N–01]
Rental Assistance Demonstration:
Post-Conversion Replacement of Units
Under a PBV Housing Assistance
Payment Contract
Office of the Assistant
Secretary for Housing-Federal Housing
Commissioner and Office of the
Assistant Secretary for Public and
Indian Housing, HUD.
ACTION: Notice.
AGENCY:
This notice establishes the
process by which assisted units under a
Project Based Voucher (PBV) Section 8
Housing Assistance Payment (HAP)
contract originally executed through a
conversion under the Rental Assistance
Demonstration (RAD) can be replaced in
the event that the original units would
be unavailable for occupancy due to a
proposed demolition and reconstruction
of the units, as a result of natural
disaster, or other causes.
DATES: This notice is effective on
September 10, 2021.
ADDRESSES: Interested persons are
invited to submit questions or
comments electronically to rad@
hud.gov.
FOR FURTHER INFORMATION CONTACT: To
assure a timely response, please direct
requests for further information
electronically to the email address rad@
hud.gov. Written requests may also be
directed to the following address: Office
of Housing—Office of Recapitalization,
Department of Housing and Urban
Development, 451 7th Street SW, Room
6230, Washington, DC 20410. The Office
of Recapitalization phone number is
(202) 708–0001.
SUMMARY:
E:\FR\FM\10SEN1.SGM
10SEN1
]]>Agencies
[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50725-50733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19617]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2676-21; DHS Docket No. USCIS-2019-0020]
RIN 1615-ZB83
Continuation of Documentation for Beneficiaries of Temporary
Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan,
Honduras, and Nepal
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
[[Page 50726]]
ACTION: Notice of Continuation of Temporary Protected Status and
related documentation for Certain TPS beneficiaries.
-----------------------------------------------------------------------
SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces actions to ensure its continued compliance with the
preliminary injunction orders of the U.S. District Court for the
Northern District of California in Ramos, et al. v. Nielsen, et. al.,
No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (``Ramos'') and the U.S.
District Court for the Eastern District of New York in Saget, et. al.,
v. Trump, et. al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) (``Saget''),
and with the order of the U.S. District Court for the Northern District
of California to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-
00731 (N.D. Cal. Mar. 12, 2019) (``Bhattarai''). Beneficiaries under
the Temporary Protected Status (TPS) designations for El Salvador,
Nicaragua, Sudan, Honduras, and Nepal will retain their TPS while the
preliminary injunction in Ramos and the Bhattarai orders remain in
effect, provided that their TPS is not withdrawn because of individual
ineligibility. Beneficiaries under the TPS designation for Haiti will
retain their TPS while either of the preliminary injunctions in Ramos
or Saget remain in effect, provided that their TPS is not withdrawn
because of individual ineligibility. However, on August 3, 2021, DHS
issued a new designation for Haiti TPS, and in order to secure TPS
pursuant to the new Haiti designation, eligible individuals must apply
before the close of the registration period on Feb. 3, 2023. Eligible
individuals are strongly encouraged to apply at the earliest
practicable date, to ensure that their TPS continues beyond the court-
ordered extensions and without any gaps in status. See Designation of
Haiti for Temporary Protected Status. In addition, eligible individuals
who do not register for the new TPS designation during the registration
period, may be prohibited from filing a late initial registration
during any subsequent extension of the designation if they do not meet
certain conditions. This notice further provides information on the
automatic extension of the validity of TPS-related Employment
Authorization Documents (EADs); Notices of Action (Forms I-797); and
Arrival/Departure Records (Forms I-94), (collectively ``TPS-related
documentation''); for those beneficiaries under the TPS designations
for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.
DATES: DHS is automatically extending the validity of TPS-related
documentation for beneficiaries under the TPS designations for El
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through December
31, 2022, from the current expiration date of October 4, 2021.
FOR FURTHER INFORMATION CONTACT:
[ballot] 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 Dr, Camp Springs, MD 20529-2140; or by phone at
800-375-5283.
[ballot] For further information on TPS, please visit the USCIS TPS
web page at www.uscis.gov/tps.
[ballot] 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
U.S. Citizenship and Immigration Services (USCIS) Contact Center at
800-375-5283 (TTY 800-767-1833).
[ballot] Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at www.uscis.gov, or visit the USCIS Contact Center at
uscis.gov/contactcenter.
[ballot] 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
EAD--Employment Authorization Document
EOIR--Executive Office for Immigration Review
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
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
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
Background on TPS
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA) or to eligible 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 travel abroad temporarily with the
prior consent of DHS.
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 of Homeland Security (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 on
the date TPS terminates.
Purpose of This Action
This notice ensures DHS's continued compliance with various court
orders issued by the federal district courts in the Ramos, Bhattarai,
and Saget lawsuits that require DHS to maintain the TPS designations
for El Salvador, Haiti, Sudan, Nicaragua, Honduras, and Nepal, as well
as the TPS and TPS-related documentation for eligible affected
beneficiaries.\1\ The U.S. Court of Appeals for the Ninth Circuit
vacated the district court's preliminary injunction in Ramos on
September 14, 2020, holding that the plaintiffs' claims under the
Administrative Procedures
[[Page 50727]]
Act were not subject to judicial review. However, the appellate order
is not currently effective because the Ninth Circuit has not issued its
``mandate'' to the federal district court to carry out the order, as
the plaintiffs' petition for rehearing en banc remains pending.\2\
Therefore, the Ramos preliminary injunction remains in effect. In
addition, the order of the district court in Bhattarai staying
proceedings and approving the parties' stipulated agreement to continue
TPS and TPS-related documentation for eligible beneficiaries from Nepal
and Honduras remains in effect. The Saget district court order
prohibiting the termination of TPS for Haiti also remains in effect
while the decision is on appeal to the U.S. Court of Appeals for the
Second Circuit. Affected TPS beneficiaries from the six countries will
retain their status, provided they continue to meet all the individual
requirements for TPS eligibility described in INA section 244(c) and 8
CFR 244. As necessary, DHS will publish future information in the
Federal Register to ensure its compliance with any relevant court
orders that may be issued after the date of this notice.
---------------------------------------------------------------------------
\1\ See Ramos, et al. v. Nielsen, et. al., No. 18-cv-01554 (N.D.
Cal. Oct. 3, 2018) (district court granted preliminary injunction
against terminations of TPS for El Salvador, Haiti, Sudan, and
Nicaragua) (``Ramos''); Saget, et. al., v. Trump, et. al., No. 18-
cv-1599 (E.D.N.Y. Apr. 11, 2019) (district court granted preliminary
injunction against termination of TPS for Haiti) (``Saget''); and
Bhattarai, et al. v. Nielsen, et al., No. 19-cv-00731 (N.D. Cal.
Mar. 12, 2019) (district court stayed proceedings until Ramos appeal
decided and approved parties' stipulation for continued TPS and
issuance of TPS-related documentation to eligible, affected
beneficiaries of TPS for Honduras and Nepal during the stay and
pendency of the appeal) (``Bhattarai'').
\2\ See Ramos, et al., v. Wolf, et al., No. 18-16981 (9th Cir.,
September 14, 2020).
---------------------------------------------------------------------------
DHS initially published notices to ensure its compliance with the
Ramos preliminary injunction on October 31, 2018 and March 1, 2019, and
the Bhattarai order to stay proceedings on May 10, 2019. See 83 FR
54764; 84 FR 7103; and 84 FR 20647. The Department later published a
notice to ensure its continued compliance with the combined orders in
Ramos, Bhattarai, and Saget on November 4, 2019. That notice
automatically extended certain TPS and TPS-related documentation
through January 4, 2021 for all eligible TPS beneficiaries covered by
the courts' orders. See 84 FR 59403. The Department last published a
notice to ensure its continued compliance with these combined court
orders on December 9, 2020. That notice again automatically extended
certain TPS and TPS-related documentation through October 4, 2021 for
all eligible TPS beneficiaries covered by the courts' orders. See 85 FR
79208. Through this Federal Register notice, DHS announces actions to
ensure its continued compliance with the district court orders in these
three lawsuits while those orders remain in effect.
The TPS designations for El Salvador, Nicaragua, and Sudan will
remain in effect, as required by the Ramos district court order, so
long as the preliminary injunction remains in effect. The 2011 TPS
designation for Haiti will remain in effect, as required by the
preliminary injunction orders in both Ramos and Saget, so long as
either of those preliminary injunctions remain in effect. The TPS
designations for Honduras and Nepal will remain in effect so long as
the Bhattarai order staying proceedings and approving the parties'
stipulated agreements continues in effect. Affected TPS beneficiaries
under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan,
Honduras, and Nepal will retain their TPS and their TPS-related
documentation will continue to be valid in accordance with the specific
orders that affect the TPS designations regarding their individual
countries, provided that the affected beneficiaries continue to meet
all the individual requirements for TPS. See INA section 244(c)(3). See
also 8 CFR 244.14. DHS will not terminate TPS for any of the affected
countries pending final disposition of the Ramos appeal, including
through any additional appellate channels in which relief may be
sought, or by other orders of the court. Following consideration of
current country conditions, the Secretary has already newly designated
Haiti for TPS for eighteen months, allowing individuals covered by the
Ramos and Saget injunctions as well as other eligible individuals to
register for and maintain TPS through February 3, 2023.
DHS is further announcing it is automatically extending, through
December 31, 2022, the validity of certain TPS-related documentation,
as specified in this notice, for beneficiaries under the TPS
designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and
Nepal provided that the affected beneficiaries remain individually
eligible for TPS.
Automatic Extension of EADs Issued Under the TPS Designations for El
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal
Through this Federal Register notice, DHS automatically extends the
validity of EADs listed in Table 1 below issued to beneficiaries under
the TPS designations for El Salvador, Haiti, Nicaragua, Sudan,
Honduras, and Nepal. Such beneficiaries may show their EADs to
employers to demonstrate they have employment authorization and may
choose to also show employers this Federal Register notice to explain
that their TPS-Related Documentation has been automatically extended
through December 31, 2022. This notice explains how TPS beneficiaries,
their employers, and benefit-granting agencies 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. Additionally, a
beneficiary under the TPS designation for any of these countries who
has applied for a new EAD but who has not yet received his or her new
EAD is covered by this automatic extension, provided that the EAD he or
she possesses contains one of the expiration dates listed in Table 1
below.
Table 1--Affected EADs
------------------------------------------------------------------------
Then the validity
If an EAD has a category code of A-12 or C-19 and an of the EAD is
expiration date of: extended through:
------------------------------------------------------------------------
07/22/2017........................................... 12/31/2022
11/02/2017........................................... 12/31/2022
01/05/2018........................................... 12/31/2022
01/22/2018........................................... 12/31/2022
03/09/2018........................................... 12/31/2022
06/24/2018........................................... 12/31/2022
07/05/2018........................................... 12/31/2022
11/02/2018........................................... 12/31/2022
01/05/2019........................................... 12/31/2022
04/02/2019........................................... 12/31/2022
06/24/2019........................................... 12/31/2022
07/22/2019........................................... 12/31/2022
09/09/2019........................................... 12/31/2022
01/02/2020........................................... 12/31/2022
01/05/2020........................................... 12/31/2022
03/24/2020........................................... 12/31/2022
01/04/2021........................................... 12/31/2022
10/04/2021........................................... 12/31/2022
------------------------------------------------------------------------
Automatic Extension of Forms I-94 and Forms I-797
Also through this Federal Register notice, DHS automatically
extends the validity periods of the Forms I-94 and Forms I-797 listed
in Table 2 below previously issued to beneficiaries under the TPS
designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and
Nepal. These extensions apply only if the TPS beneficiary properly
filed for re-registration during either the most recent DHS-announced
registration period for their country, or any applicable previous DHS-
announced re-registration periods for the beneficiary's country,\3\ or
has a re-registration
[[Page 50728]]
application that remains pending. This notice does not extend the
validity periods of Forms I-94 or Forms I-797 for any TPS beneficiary
who failed to file for TPS re-registration during one of the applicable
previous DHS-announced re-registration periods, or for whom a re-
registration request has been denied. In addition, the extensions do
not apply for any beneficiary from whom TPS has been withdrawn.
---------------------------------------------------------------------------
\3\ El Salvador: July 8-Sept. 6, 2016, or Jan. 18-Mar. 19, 2018;
Haiti: Aug. 25-Oct. 26, 2015, May 24-July 24, 2017, or Jan. 18-
Mar. 19, 2018;
Honduras: May 16-July 16, 2016; Dec. 15, 2017-Feb. 13, 2018 or
June 5-Aug. 6, 2018;
Nepal: Oct. 26-Dec. 27, 2016 or May 22-July 23, 2018;
Nicaragua: May 16-July 15, 2016 or Dec. 15, 2017-Feb. 13, 2018;
Sudan: Jan. 25-March 25, 2016 or Oct. 11, 2017-Dec. 11, 2017.
Table 2--Affected Forms I-94 and I-797 4
----------------------------------------------------------------------------------------------------------------
Validity of
Beginning date of forms I-94 and
Country validity: End date of validity: I-797 extended
through:
----------------------------------------------------------------------------------------------------------------
El Salvador............................. Sept. 10, 2016............ Mar. 9, 2018.............. 12/31/2022
Mar. 10, 2018............. Sept. 9, 2019............. 12/31/2022
Sept. 10, 2019............ Oct. 4, 2021.............. 12/31/2022
Haiti................................... Jan. 23, 2016............. July 22, 2017............. 12/31/2022
July 23, 2017............. Jan. 22, 2018............. 12/31/2022
Jan. 23, 2018............. July 22, 2019............. 12/31/2022
July 23, 2019............. Oct. 4, 2021.............. 12/31/2022
Honduras................................ July 6, 2016.............. Jan. 5, 2018.............. 12/31/2022
Jan. 6, 2018.............. July 5, 2018.............. 12/31/2022
July 6, 2018.............. Jan. 5, 2020.............. 12/31/2022
Jan. 6, 2020.............. Oct. 4, 2021.............. 12/31/2022
Nepal................................... Dec. 25, 2016............. June 24, 2018............. 12/31/2022
June 25, 2018............. June 24, 2019............. 12/31/2022
June 25, 2019............. Oct. 4, 2021.............. 12/31/2022
Nicaragua............................... July 6, 2016.............. Jan. 5, 2018.............. 12/31/2022
Jan. 6, 2018.............. Jan. 5, 2019.............. 12/31/2022
Jan. 6, 2019.............. Oct. 4, 2021.............. 12/31/2022
Sudan................................... May 3, 2016............... Nov. 2, 2017.............. 12/31/2022
Nov. 3, 2017.............. Nov. 2, 2018.............. 12/31/2022
Nov. 3, 2018.............. Oct. 4, 2021.............. 12/31/2022
----------------------------------------------------------------------------------------------------------------
Application Procedures
---------------------------------------------------------------------------
\4\ Your Forms I-94 and I-797 may show a different beginning
date of validity than those listed here if you were a late initial
filer (LIF) at the time because the forms would have the date of
approval of your LIF application for TPS. As long as they bear an
end date of validity listed in this chart, then they are
automatically extended by this Notice.
---------------------------------------------------------------------------
Current beneficiaries covered by the court orders that continue the
TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua,
and Sudan do not need to pay a fee or file any application, including
Application for Employment Authorization (Form I-765), to maintain
their TPS benefits through December 31, 2022 under this notice,
provided that they have properly re-registered for TPS during either
the most recent DHS-announced registration period for their country, or
any applicable previous re-registration period described in Footnote 3.
However, in order to secure TPS pursuant to the new Haiti designation,
eligible individuals must apply before the close of the registration
period on Feb. 3, 2023. Eligible individuals for the new TPS Haiti
designation are strongly encouraged to apply at the earliest
practicable date, to ensure that their TPS continues beyond the court-
ordered extensions and without any gaps in status.
In addition, eligible individuals who do not register for the new
TPS designation during the registration period, may be prohibited from
filing a late initial registration during any subsequent extension of
the designation if they do not meet certain conditions. See 8 CFR
244.2(f)(2).
TPS beneficiaries who have failed to re-register properly for TPS
during any of these re-registration periods may still file an
Application for Temporary Protected Status (Form I-821), but must
demonstrate ``good cause'' for failing to re-register on time, as
required by law. See INA section 244(c)(3)(C) (TPS beneficiary's
failure to register without good cause in form and manner specified by
DHS is ground for TPS withdrawal); 8 CFR 244.17(b) and Form I-821
instructions.\5\
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\5\ An applicant for TPS Haiti who applies under the procedures
announced in the Notice regarding the new TPS designation of Haiti
at 86 FR 41863 (Aug. 3, 2021) is an initial applicant and does not
have to demonstrate ``good cause'' for failing to re-register under
prior TPS Haiti designations.
---------------------------------------------------------------------------
Any currently eligible beneficiary who does not presently have a
pending EAD application under the TPS designations for El Salvador,
Haiti, Nicaragua, Sudan, Honduras or Nepal may file Form I-765 with
appropriate fee in order to obtain a new EAD with a printed expiration
date of December 31, 2022.
Possible Future Actions
In order to comply with statutory requirements for TPS while the
district courts' orders or any superseding court order concerning the
beneficiaries under the TPS designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal remain in effect, DHS may require
these beneficiaries to re-register and will announce the re-
registration procedures in a future Federal Register notice. DHS has
the authority to conduct TPS re-registration in accordance with INA
section 244(c)(3)(C) and 8 CFR 244.17. Through the re-registration
process, which is generally conducted every twelve to eighteen months
while a country is designated for TPS, USCIS determines whether each
TPS beneficiary is continuing to maintain individual eligibility for
TPS, including but not limited to, the requirements related to
disqualifying criminal or security issues. See id.; INA section
244(c)(2); 8 CFR 244.2, 244.3, and 244.4 (describing individual TPS
eligibility requirements, including mandatory criminal and security
bars).
The Secretary has already newly designated Haiti for TPS for
eighteen months through February 3, 2023. 86 FR 41863. Eligible Haitian
nationals (and individuals having no nationality who last habitually
resided in Haiti) who wish to receive or continue their existing TPS
through that date are
[[Page 50729]]
encouraged to submit their applications for TPS by following the
instructions in the Federal Register notice, Designation of Haiti for
Temporary Protected Status, at 86 FR 41863. Failure to submit an
application under the new designation of Haiti, however, does not
affect the continuation of the validity of the TPS and TPS documents
through December 31, 2022 as described in this notice.
The Government has appealed both the Ramos and Saget preliminary
injunctions. The U.S. Court of Appeals for the Ninth Circuit ruled for
the Government and vacated the Ramos preliminary injunction on
September 14, 2020. However, the preliminary injunction remains in
effect because the appellate court has not issued its directive (i.e.,
the mandate) to the district court to implement the panel's decision
due to the pendency of the plaintiffs' petition for rehearing en banc.
Should the Government ultimately prevail in its challenge to the Ramos
preliminary injunction, and absent any further change in the TPS
designations for Nicaragua, Sudan, Honduras, and Nepal, the Secretary's
determination to terminate TPS for those countries would take effect no
earlier than 120 days from the issuance of any appellate mandate to the
district court. Absent any further change in the TPS designation for El
Salvador, the Secretary's determination to terminate TPS for that
country will take effect no earlier than 365 days from the issuance of
any appellate mandate to the Ramos district court. DHS provides this
additional time for El Salvador TPS beneficiaries in part because there
are almost 100,000 more such beneficiaries than in the combined TPS
beneficiary populations of all the other five countries covered by this
notice.\6\ The additional period of 245 days beyond 120 days would
permit an orderly transition for beneficiaries of TPS from El Salvador
as they return to their homeland. If the Government prevails in its
appeals, DHS will also continue to monitor the circumstances of the
affected beneficiaries under the other five TPS country designations
covered by this notice. See INA section 244(d)(3).
---------------------------------------------------------------------------
\6\ As of December 31, 2019, the number of TPS beneficiaries
covered under the affected designations were: El Salvador 247,412;
Haiti 55,218; Nicaragua 4,409; Sudan 771; Honduras 79,290; Nepal
14,549.
---------------------------------------------------------------------------
To the extent that a Federal Register notice has automatically
extended TPS-related documentation beyond 120 days from the issuance of
any appellate mandate to the District Court, DHS reserves the right to
issue a subsequent Federal Register notice announcing an expiration
date for the documentation that corresponds to the last day of the 120-
day period for Sudan, Nicaragua, Honduras, and Nepal. Should the
Government move to vacate the Bhattarai order to stay proceedings in
light of an appellate decision affirming the preliminary injunction in
Ramos that suggests a basis on which to distinguish the determinations
to terminate the TPS designations for Honduras and Nepal from the TPS
terminations at issue in Ramos, TPS will remain in effect for Honduras
and Nepal for at least 180 days following an order of the District
Court vacating the stay in proceedings.
The Secretary has announced a new 18-month designation of Haiti for
TPS, which continues through February 3, 2023. Application procedures
for TPS under this new Haiti designation, including for individuals who
currently have TPS pursuant to the court orders, are provided in the
notice published at 86 FR 41863.
Additional Notes
Nothing in this notice affects DHS's ongoing authority to determine
on a case-by-case basis whether a TPS beneficiary continues to meet the
eligibility requirements for TPS described in INA section 244(c) and
the implementing regulations in part 244 of Title 8 of the Code of
Federal Regulations.
Notice of Compliance with the ``Order Enjoining the Implementation
and Enforcement of Determinations to Terminate the TPS Designations for
El Salvador, Haiti, Nicaragua, and Sudan'' in Ramos, the ``Order
Enjoining the Implementation of Enforcement of Determination to
Terminate the TPS Designation of Haiti'' in Saget, and the ``Order to
Stay Proceedings and Agreement to Stay the Determinations to Terminate
the TPS Designations for Honduras and Nepal'' in Bhattarai
The previously announced determinations to terminate the existing
designations of TPS for El Salvador, Nicaragua, and Sudan \7\ will not
be implemented or enforced unless and until the district court's order
in Ramos is reversed and that reversal becomes final. The previously
announced determination to terminate the 2011 designation of TPS for
Haiti will not be implemented or enforced unless and until the district
court's order in Saget is reversed and the reversal becomes final.\8\
As required by the order to stay proceedings in Bhattarai, DHS will not
implement or enforce the previously announced determinations to
terminate the existing TPS designations for Honduras and Nepal \9\
unless and until the district court's order in Ramos enjoining
implementation and enforcement of the determinations to terminate the
TPS designations for El Salvador, Haiti, Nicaragua, and Sudan is
reversed and that reversal becomes final for some or all of the
affected countries, or by other order of the court. Any termination of
TPS-related documentation for beneficiaries under the TPS designations
for Nicaragua, Sudan, Honduras, and Nepal will go into effect no
earlier than 120 days, and no earlier than 365 days for beneficiaries
under the TPS designation for El Salvador, following the issuance of
any mandate to the district court, as described in the ``Possible
Future Action'' section of this Federal Register notice.\10\
---------------------------------------------------------------------------
\7\ See Termination of the Designation of El Salvador for
Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018); Termination
of the Designation of Nicaragua for Temporary Protected Status, 82
FR 59636 (Dec. 15, 2017); Termination of the Designation of Sudan
for Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017).
\8\ See Termination of the Designation of Haiti for Temporary
Protected Status, 83 FR 2648 (Jan. 18, 2018).
\9\ See Termination of the Designation of Honduras for Temporary
Protected Status, 83 FR 26074 (June 5, 2018); Termination of the
Designation of Nepal for Temporary Protected Status, 83 FR 23705
(May 22, 2018).
\10\ An additional provision in the Bhattarai Order to Stay
Proceedings states that if the preliminary injunction in Ramos is
upheld, but the Government moves to vacate the Bhattarai Order based
on reasons for distinguishing the terminations of TPS for Honduras
and Nepal from those under the injunction in Ramos, TPS will remain
in effect for Honduras and Nepal for at least 180 days following an
order of the District Court vacating its stay of proceedings order.
---------------------------------------------------------------------------
In further compliance with the still-valid district court orders,
DHS is publishing this notice automatically extending the validity of
the TPS-related documentation specified in the Supplementary
Information section of this notice through December 31, 2022, for
eligible beneficiaries under the TPS designations for El Salvador,
Haiti, Nicaragua, Sudan, Honduras, and Nepal. DHS will continue to
issue notices that will automatically extend TPS-related documentation
for all affected beneficiaries under the TPS designations for El
Salvador, Nicaragua, Sudan, Honduras and Nepal, so long as the Ramos
preliminary injunction and Bhattarai order to stay proceedings remain
in place; for Haiti as long as the Ramos or Saget preliminary
injunctions remain in place; or by other order of the court. However,
should compliance with the Ramos, Bhattarai, and/or Saget court orders
remain necessary, DHS may announce periodic re-registration procedures
for eligible TPS beneficiaries in accordance with the INA and DHS
[[Page 50730]]
regulations. DHS further continues its commitment to a transition
period, as described above.
All TPS beneficiaries must continue to maintain their TPS
eligibility by meeting the requirements for TPS in INA section 244(c)
and 8 CFR part 244. DHS will continue to adjudicate any pending TPS re-
registration and pending late initial applications for affected
beneficiaries under the TPS designations for El Salvador, Nicaragua,
Sudan, Honduras, and Nepal. Nationals of Haiti (and individuals having
no nationality who last habitually resided in Haiti) are encouraged to
apply under the new designation for Haiti announced at 86 FR 41863.\11\
DHS will also continue to make appropriate individual TPS withdrawal
decisions in accordance with existing procedures if an individual no
longer maintains TPS eligibility. DHS will take appropriate steps to
continue its compliance with the orders, and with all statutory
requirements.
---------------------------------------------------------------------------
\11\ As noted above, the Department of Homeland Security (DHS)
announced that the Secretary of Homeland Security (Secretary) has
newly designated Haiti for TPS for eighteen months, effective August
3, 2021 through February 3, 2023. This designation allows eligible
Haitian nationals (and individuals having no nationality who last
habitually resided in Haiti) who have continuously resided in the
United States since July 29, 2021, and who have been continuously
physically present in the United States since August 3, 2021 to
apply for TPS. TPS beneficiaries whose TPS has been continued
pursuant to court orders, as described in 85 FR 79208 (Dec. 9,
2020), should newly apply for TPS following the instructions in
Federal Register Notice Designation of Haiti for Temporary Protected
Status at 86 FR 41863.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Approved Documentation To Demonstrate Continuation of Lawful Status and
TPS-Related Employment Authorization
Documentation automatically extended through this Federal
Register notice dated September 10, 2021.
[cir] Certain TPS-related documentation, including EADs, of
affected beneficiaries under the TPS designations for El Salvador,
Haiti, Nicaragua, Sudan, Honduras, and Nepal, that are automatically
extended through this Federal Register notice through December 31,
2022.
[cir] Regardless of their country of birth, a beneficiary granted
TPS under the designation for El Salvador, Haiti, Nicaragua, Sudan,
Honduras, or Nepal may show his or her EAD that has been automatically
extended to his or her employer to demonstrate identity and continued
TPS-related employment eligibility to meet Employment Eligibility
Verification (Form I-9) requirements. A beneficiary granted TPS under a
designation for one of these countries may also choose to show an
employer this Federal Register notice, which explains that his or her
EAD has been automatically extended.
[cir] As evidence of his or her lawful status, a TPS beneficiary
may show his or her EAD that has been automatically extended, or Form
I-94, or Form I-797, along with a copy of this Federal Register notice,
to law enforcement, federal, state, and local government agencies, and
private entities.
Unexpired EAD.
Alternatively, such a TPS beneficiary may choose to show
other acceptable documents that are evidence of identity and employment
eligibility as described in the instructions to Form I-9.
Am I eligible to receive an automatic extension of my current EAD using
this Federal Register notice?
Yes. Provided that you currently have a TPS-related EAD with the
specified expiration dates below, this notice automatically extends
your EAD as stated in Table 3 below.
Table 3--Affected EADs
------------------------------------------------------------------------
Then this Federal
If your EAD has category code of A-12 or C-19 and Register notice
an expiration date of: extends your EAD
through:
------------------------------------------------------------------------
07/22/2017........................................... 12/31/2022
11/02/2017........................................... 12/31/2022
01/05/2018........................................... 12/31/2022
01/22/2018........................................... 12/31/2022
03/09/2018........................................... 12/31/2022
06/24/2018........................................... 12/31/2022
07/05/2018........................................... 12/31/2022
11/02/2018........................................... 12/31/2022
01/05/2019........................................... 12/31/2022
04/02/2019........................................... 12/31/2022
06/24/2019........................................... 12/31/2022
07/22/2019........................................... 12/31/2022
09/09/2019........................................... 12/31/2022
01/02/2020........................................... 12/31/2022
01/05/2020........................................... 12/31/2022
03/24/2020........................................... 12/31/2022
01/04/2021........................................... 12/31/2022
10/04/2021........................................... 12/31/2022
------------------------------------------------------------------------
When hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing Form I-9?
You can find the Lists of Acceptable Documents on the third page of
Form I-9 as well as the Acceptable Documents web page at www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to
verify the identity and employment authorization of all new employees.
Within 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 documentation from List A (which provides
evidence of both your identity and employment authorization) or
documentation from List B (which provides evidence of your identity)
together with documentation from List C (which provides evidence of
your employment authorization), or you may present an acceptable
receipt as described in the Form I-9 instructions. Employers may not
reject a document based on a future expiration date. You can find
additional information about Form I-9 on the I-9 Central web page at
www.uscis.gov/I-9Central.
An EAD is an acceptable document under List A. See the section
``How do my employer and I complete Form I-9 using my automatically
extended employment authorization for a new job?'' of this Federal
Register notice for further information. If your EAD has one of the
expiration dates in Table 4 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 it to your employer as proof of
identity and employment eligibility for Form I-9 through December 31,
2022, unless your TPS has been withdrawn or your request for TPS has
been denied.
[[Page 50731]]
Table 4--Affected EADs and Form I-9
------------------------------------------------------------------------
Your employer
If your EAD has category code of A- Enter this date must reverify
12 or C-19 and an expiration date in Section 1 of your employment
of: Form I-9: authorization by:
------------------------------------------------------------------------
07/22/2017........................ 12/31/2022 01/01/2023
11/02/2017........................ 12/31/2022 01/01/2023
01/05/2018........................ 12/31/2022 01/01/2023
01/22/2018........................ 12/31/2022 01/01/2023
03/09/2018........................ 12/31/2022 01/01/2023
06/24/2018........................ 12/31/2022 01/01/2023
07/05/2018........................ 12/31/2022 01/01/2023
11/02/2018........................ 12/31/2022 01/01/2023
01/05/2019........................ 12/31/2022 01/01/2023
04/02/2019........................ 12/31/2022 01/01/2023
06/24/2019........................ 12/31/2022 01/01/2023
07/22/2019........................ 12/31/2022 01/01/2023
09/09/2019........................ 12/31/2022 01/01/2023
01/02/2020........................ 12/31/2022 01/01/2023
01/05/2020........................ 12/31/2022 01/01/2023
03/24/2020........................ 12/31/2022 01/01/2023
01/04/2021........................ 12/31/2022 01/01/2023
10/04/2021........................ 12/31/2022 01/01/2023
------------------------------------------------------------------------
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 Expires 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
December 31, 2022 as indicated in the above chart, but you are not
required to do so.
The last day of the automatic extension for your EAD is December
31, 2022. On or before you start work on January 1, 2023, 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 I obtain a new EAD?
Yes, if you remain eligible for TPS and apply for a new EAD, you
can obtain a new EAD. However, you do not need to apply for a new EAD
in order to benefit from this automatic extension. If you are a
beneficiary under the TPS designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, or Nepal and want to obtain a new EAD valid
through December 31, 2022, then you must file Form I-765 and pay the
associated fee (or obtain a fee waiver). If you do not want a new EAD,
you do not have to file Form I-765 or pay the Form I-765 fee. If you do
not want to request a new EAD now, you may file Form I-765 at a later
date and pay the fee (or request a fee waiver), provided that you still
have TPS or a pending TPS application.
If you are unable to pay the application fee and/or biometric
services fee, you may request a fee waiver 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 you have a Form I-821 and/or Form I-765 application that is
still pending under the TPS designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, or Nepal, then you should not file either
application again. If your pending Form I-821 is approved, you will be
issued Forms I-797 and I-94 through December 31, 2022. Similarly, if
you have a pending TPS-related Form I-765 that is approved, your new
EAD will be valid through December 31, 2022. Your TPS itself continues
as long as the preliminary injunction impacting your country's TPS
designation remains in effect and in accordance with any relevant
future Federal Register notices that DHS may issue respecting your
country's TPS designation, or until your TPS is finally withdrawn for
individual ineligibility under INA section 244(c), or the applicable
TPS designation is terminated as discussed in the ``Possible Future
Action'' section of this Federal Register notice.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my citizenship from El Salvador, Haiti,
Nicaragua, Sudan, Honduras, or Nepal?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 Lists of Acceptable Documents that reasonably appears to
be genuine and that relates to you, or an acceptable List A, List B, or
List C receipt. Employers need not reverify List B identity documents.
Therefore, employers may not request proof of 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 the employee. Refer to the ``Note
to Employees'' section of this Federal Register notice for important
[[Page 50732]]
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin.
How do my employer and I complete Form I-9 using my automatically
extended employment authorization for a new job?
See Table 4 in the question ``When hired, what documentation may I
show to my employer as evidence of employment authorization and
identity when completing Form I-9?'' to determine if your EAD has been
automatically extended.
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter December
31, 2022, as the expiration date; and
b. Enter your USCIS number or A-Number where indicated. (Your EAD
or other document from DHS will have your USCIS number or A-Number
printed on it; the USCIS number is the same as your A-Number without
the A prefix).
2. For Section 2, employers should:
a. Determine if your EAD has been automatically extended by using
Table 4 in the question ``When hired, what documentation may I show to
my employer as evidence of employment authorization and identity when
completing Form I-9?''
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write December 31, 2022, as the expiration date.
On or before the start of work on January 1, 2023, 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
employment authorization has been automatically extended?
If you presented a TPS-related EAD that was valid when you first
started your job and your EAD has now been automatically extended, your
employer may need to re-inspect your current EAD if they do not have a
copy of the EAD on file. See Table 4 in the question ``When hired, what
documentation may I show to my employer as evidence of employment
authorization and identity when completing Form I-9?'' to determine if
your EAD has been automatically extended.
If your employer determines that your EAD has been automatically
extended, your employer should update Section 2 of your previously
completed Form I-9 as follows:
a. Write EAD EXT and December 31, 2022, as the last day of the
automatic extension in the Additional Information field; and
b. Initial and date the correction.
Note: This is not considered a reverification. Employers should
not complete Section 3 until either this notice's automatic
extension of EADs has ended, or the employee presents a new document
to show continued employment authorization, whichever is sooner. By
January 1, 2023, 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 December 31,
2022, as the expiration date for EADs that have been automatically
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 Expiration'' alert for an automatically
extended EAD?
E-Verify has automated the verification process for TPS-related
EADs that are automatically extended. If you have employees who
provided a TPS-related EAD when they first started working for you, you
will receive a ``Work Authorization Documents Expiring'' case alert
when the auto-extension period for this EAD is about to expire. On or
before this employee starts work on January 1, 2023, you must reverify
his or her employment authorization in Section 3 of Form I-9. Employers
may not use E-Verify for reverification.
If I already have TPS for Haiti, do I need to apply under the new TPS
designation for Haiti?
TPS beneficiaries under the Haiti designation whose TPS has been
continued pursuant to court orders, and as described in this notice,
are strongly encouraged to apply for TPS before the close of the
registration period on Feb. 3, 2023, following the instructions in the
August 3, 2021 Federal Register notice regarding the new Designation of
Haiti for Temporary Protected Status at 86 FR 41863. Eligible
individuals are strongly encouraged to apply at the earliest
practicable date, to ensure that their TPS continues beyond the court-
ordered extensions and without any gaps in status. Eligible individuals
who do not register for the new TPS designation during the registration
period may be prohibited from filing a late initial registration during
any subsequent extension of the designation if they do not meet certain
conditions. See 8 CFR 244.2(f)(2).
If you are found eligible for TPS under the new Haiti designation,
your TPS will continue through February 3, 2023, even if the current
court orders in Ramos and Saget that continue TPS are no longer in
effect.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at
[email protected]. USCIS accepts calls and emails in English and
many other languages. For questions about avoiding discrimination
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice's Civil
Rights Division, Immigrant and Employee Rights Section (IER) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
[email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at [email protected]. USCIS accepts calls in
English, Spanish, and many other languages. Employees or applicants may
also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based upon citizenship,
immigration status, or national origin, including discrimination
related to Form I-9 and E-Verify. The IER Worker Hotline provides
language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee,
[[Page 50733]]
or an acceptable List A, List B, or List C receipt as described in the
Form I-9 instructions. Employers may not require extra or additional
documentation beyond what is required for Form I-9 completion. Further,
employers participating in E-Verify who receive an E-Verify case result
of ``Tentative Nonconfirmation'' (TNC) must promptly inform employees
of the TNC and give such employees an opportunity to contest the TNC. A
TNC case result means that the information entered into E-Verify from
an employee's Form I-9 differs from records available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any other adverse action against an employee because
of the TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
verify an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at www.justice.gov/ier and
on the USCIS and E-Verify websites at www.uscis.gov/i-9-central and
www.e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, TPS beneficiaries presenting an 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 receipt
notice 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;
Your automatically extended EAD with a TPS category code
of A-12 or C-19 and an expiration date shown in Table 3 in the question
``Am I eligible to receive an automatic extension of my current EAD
using this Federal Register notice?''; or
Your Form I-94, Arrival/Departure Record or Form I-797 as
shown in Table 2.
Check with the government agency regarding which document(s) the
agency will accept.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (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 TPS-related document, regardless of
your country of birth. It may assist the agency if you:
a. Present the agency with a copy of this Federal Register notice
showing the extension of TPS-related documentation, in addition to your
most 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
receive a final SAVE response verifying your TPS and TPS-related
benefits.
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 case and
you do not believe the SAVE response is correct, the SAVE website,
https://www.uscis.gov/save, has information on how to correct or update
your immigration record, make an appointment, or submit a written
request to correct records.
[FR Doc. 2021-19617 Filed 9-9-21; 8:45 am]
BILLING CODE 9111-97-P
