Extension of the Designation of Venezuela for Temporary Protected Status, 55024-55032 [2022-19527]
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
Can a noncitizen who has been granted
TPS apply for reinstatement of F–1
nonimmigrant student status after the
noncitizen’s F–1 nonimmigrant student
status has lapsed?
Yes. Regulations permit certain
students who fall out of F–1
nonimmigrant student status to apply
for reinstatement. See 8 CFR
214.2(f)(16). This provision might apply
to students who worked on a TPSrelated EAD or dropped their course
load before publication of this notice,
and therefore fell out of student status.
These students must satisfy the criteria
set forth in the F–1 nonimmigrant
student status reinstatement regulations.
How long will this notice remain in
effect?
This notice grants temporary relief
through March 10, 2024,61 to eligible F–
1 nonimmigrant students. DHS will
continue to monitor the situation in
Venezuela. Should the special
provisions authorized by this notice
need modification or extension, DHS
will announce such changes in the
Federal Register.
Paperwork Reduction Act (PRA)
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An F–1 nonimmigrant student seeking
off-campus employment authorization
due to severe economic hardship
resulting from the humanitarian crisis in
Venezuela must demonstrate to the DSO
that this employment is necessary to
avoid severe economic hardship. A DSO
who agrees that a nonimmigrant student
should receive such employment
authorization must recommend an
application approval to USCIS by
entering information in the remarks
field of the student’s SEVIS record. The
authority to collect this information is
in the SEVIS collection of information
currently approved by the Office of
Management and Budget (OMB) under
OMB Control Number 1653–0038.
This notice also allows an eligible F–
1 nonimmigrant student to request
61 Because the suspension of requirements under
this notice applies throughout an academic term
during which the suspension is in effect, DHS
considers an F–1 nonimmigrant student who
engages in a reduced course load or employment (or
both) after this notice is effective to be engaging in
a ‘‘full course of study,’’ see 8 CFR 214.2(f)(6), and
eligible for employment authorization, through the
end of any academic term for which such student
is matriculated as of March 10, 2024, provided the
student satisfies the minimum course load
requirement in this notice. DHS also considers
students who engage in online coursework pursuant
to ICE COVID–19 guidance for nonimmigrant
students to be in compliance with regulations while
such guidance remains in effect. See ICE Guidance
and Frequently Asked Questions on COVID–19,
Nonimmigrant Students & SEVP-Certified Schools:
Frequently Asked Questions, https://www.ice.gov/
coronavirus (last visited July 8, 2022).
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employment authorization, work an
increased number of hours while the
academic institution is in session, and
reduce their course load while
continuing to maintain F–1
nonimmigrant student status.
To apply for employment
authorization, certain F–1
nonimmigrant students must complete
and submit a currently approved Form
I–765 according to the instructions on
the form. OMB has previously approved
the collection of information contained
on the current Form I–765, consistent
with the PRA (OMB Control No. 1615–
0040). Although there will be a slight
increase in the number of Form I–765
filings because of this notice, the
number of filings currently contained in
the OMB annual inventory for Form I–
765 is sufficient to cover the additional
filings. Accordingly, there is no further
action required under the PRA.
Alejandro Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2022–19542 Filed 9–7–22; 8:45 am]
BILLING CODE 9111–28–P
Venezuelan nationals (and individuals
having no nationality who last
habitually resided in Venezuela) to reregister for TPS and to apply for
Employment Authorization Documents
(EADs) with U.S Citizenship and
Immigration Services (USCIS). USCIS
will issue new EADs with a March 10,
2024 expiration date to eligible
beneficiaries under Venezuela’s TPS
designation who timely re-register and
apply for EADs under this extension.
Extension of Designation of
Venezuela for TPS: The 18-month
extension of the TPS designation of
Venezuela for TPS is effective on
September 10, 2022, and will remain in
effect for 18 months, through March 10,
2024. The 60-day re-registration period
for existing TPS beneficiaries runs from
September 8, 2022 through November 7,
2022. (Note: It is important for reregistrants to timely re-register during
the 60-day registration period and not to
wait until their EADs expire, as delaying
reregistration could result in gaps in
their employment authorization
documentation.)
DATES:
You
may contact Rena´ Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of
Policy and Strategy, U.S. Citizenship
and Immigration Services, Department
of Homeland Security, by mail at 5900
Capital Gateway Drive, Camp Springs,
MD 20746, or by phone at 800–375–
5283.
For further information on TPS,
including guidance on the reregistration process and additional
information on eligibility, please visit
the USCIS TPS web page at uscis.gov/
tps. You can find specific information
about this extension of Venezuela’s TPS
designation by selecting ‘‘Venezuela’’
from the menu on the left side of the
TPS web page.
If you have additional questions about
TPS, please visit uscis.gov/tools. Our
online virtual assistant, Emma, can
answer many of your questions and
point you to additional information on
our website. If you are unable to find
your answers there, you may also call
our USCIS Contact Center at 800–375–
5283 (TTY 800–767–1833).
Applicants seeking information about
the status of their individual cases may
check Case Status Online, available on
the USCIS website at uscis.gov, or visit
the USCIS Contact Center at uscis.gov/
contactcenter.
Further information will also be
available at local USCIS offices upon
publication of this notice.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2682–21; DHS Docket No. USCIS–
2021–0003]
RIN 1615–ZB86
Extension of the Designation of
Venezuela for Temporary Protected
Status
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice of Temporary Protected
Status (TPS) extension.
AGENCY:
Through this notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
extending the designation of Venezuela
for Temporary Protected Status (TPS)
for 18 months, effective September 10,
2022 through March 10, 2024. This
extension allows currently eligible TPS
beneficiaries to retain TPS through
March 10, 2024, so long as they
otherwise continue to meet the
eligibility requirements for TPS.
Existing TPS beneficiaries who wish to
extend their status through March 10,
2024 must re-register during the reregistration period. This notice sets
forth procedures necessary for
SUMMARY:
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SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
Table of Abbreviations
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BIA—Board of Immigration Appeals
CFR—Code of Federal Regulations
DHS—U.S. Department of Homeland
Security
DOS—U.S. Department of State
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
Form I–765—Application for Employment
Authorization
Form I–797—Notice of Action (Approval
Notice)
Form I–821—Application for Temporary
Protected Status
Form I–9—Employment Eligibility
Verification
Form I–912—Request for Fee Waiver
Form I–94—Arrival/Departure Record
FR—Federal Register
Government—U.S. Government
IER—U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee Rights
Section
IJ—Immigration Judge
INA—Immigration and Nationality Act
SAVE—USCIS Systematic Alien Verification
for Entitlements Program
Secretary—Secretary of Homeland Security
TNC—Tentative Nonconfirmation
TPS—Temporary Protected Status
TTY—Text Telephone
USCIS—U.S. Citizenship and Immigration
Services
U.S.C.—United States Code
Purpose of This Action (TPS)
Through this notice, DHS sets forth
procedures necessary for nationals of
Venezuela (or individuals having no
nationality who last habitually resided
in Venezuela) to re-register for TPS and
to apply for renewal of their EADs with
USCIS. Re-registration is limited to
individuals who have previously
registered for TPS under the designation
of Venezuela and whose applications
have been granted. Failure to re-register
properly within the 60-day reregistration period may result in the
withdrawal of your TPS following
appropriate procedures. See 8 CFR
244.14. Individuals who have a
Venezuelan TPS application (Form I–
821) pending as of September 8, 2022 do
not need to file to re-register. If USCIS
approves an individual’s pending Form
I–821, USCIS will grant the individual
TPS through March 10, 2024. Certain
nationals of Venezuela (or individuals
having no nationality who last
habitually resided in Venezuela) who
have not previously applied for TPS
may be eligible to apply under the late
initial registration provisions, if they
meet: (1) At least one of the late initial
filing criteria; and, (2) all TPS eligibility
criteria (including continuous residence
in the United States since March 8,
2021, and continuous physical presence
in the United States since March 9,
2021). For more information on late
initial filing please see 8 CFR 244.2(f)
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and (g); and https://www.uscis.gov/
humanitarian/temporary-protectedstatus under Late Filing.
For individuals who have already
been granted TPS under Venezuela’s
designation, the 60-day re-registration
period runs from September 8, 2022
through November 7, 2022. USCIS will
issue new EADs with a March 10, 2024
expiration date to eligible Venezuelan
TPS beneficiaries who timely re-register
and apply for EADs. Given the time
frames involved with processing TPS reregistration applications, DHS
recognizes that not all re-registrants may
receive new EADs before their current
EADs expire on September 9, 2022.
Accordingly, through this Federal
Register notice, DHS automatically
extends the validity of these EADs
previously issued under the TPS
designation of Venezuela through
September 9, 2023.
Therefore, as proof of continued
employment authorization through
September 9, 2023, TPS beneficiaries
can show their EADs that have the
notation A–12 or C–19 under Category
and a ‘‘Card Expires’’ date of September
9, 2022. This notice explains how TPS
beneficiaries and their employers may
determine which EADs are
automatically extended and how this
affects the Form I–9, Employment
Eligibility Verification, E-Verify, and
USCIS Systematic Alien Verification for
Entitlements (SAVE) processes.
Individuals who have a Venezuelan
TPS application (Form I–821) and/or
Application for Employment
Authorization (Form I–765) that was
still pending as of September 8, 2022 do
not need to file either application again.
If USCIS approves an individual’s
pending Form I–821, USCIS will grant
the individual TPS through March 10,
2024. Similarly, if USCIS approves a
pending TPS-related Form I–765, USCIS
will issue the individual a new EAD
that will be valid through the same date.
What is temporary protected status
(TPS)?
• TPS is a temporary immigration
status granted to eligible nationals of a
foreign state designated for TPS under
the INA, or to eligible individuals
without nationality who last habitually
resided in the designated foreign state,
regardless of their country of birth.
• During the TPS designation period,
TPS beneficiaries are eligible to remain
in the United States, may not be
removed, and are authorized to work so
long as they continue to meet the
requirements of TPS. They may apply
for and receive EADs as evidence of
employment authorization.
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• TPS beneficiaries may also apply
for and be granted travel authorization
as a matter of DHS discretion.
• To qualify for TPS, beneficiaries
must meet the eligibility standards at
INA section 244(c)(1)–(2), 8 U.S.C.
1254a(c)(1)–(2).
• When the Secretary terminates a
foreign state’s TPS designation,
beneficiaries return to one of the
following:
Æ The same immigration status or
category that they maintained before
TPS, if any (unless that status or
category has since expired or
terminated); or
Æ Any other lawfully obtained
immigration status or category they
received while registered for TPS, as
long as it is still valid beyond the date
TPS terminates.
When was Venezuela designated for
TPS?
Secretary of Homeland Security,
Alejandro N. Mayorkas, initially
designated Venezuela for TPS on March
9, 2021, on the basis of extraordinary
and temporary conditions that
prevented nationals of Venezuela from
returning in safety. See Designation of
Venezuela for Temporary Protected
Status and Implementation of
Employment Authorization for
Venezuelans Covered by Deferred
Enforced Departure, 86 FR 13574 (Mar.
9, 2021).
What authority does the Secretary have
to extend the designation of Venezuela
for TPS?
Section 244(b)(1) of the INA, 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate
agencies of the U.S. Government, to
designate a foreign state (or part thereof)
for TPS if the Secretary determines that
certain country conditions exist.1 The
decision to designate any foreign state
(or part thereof) is a discretionary
1 INA section 244(b)(1) ascribes this power to the
Attorney General. Congress transferred this
authority from the Attorney General to the Secretary
of Homeland Security. See Homeland Security Act
of 2002, Public Law 107–296, 116 Stat. 2135. The
Secretary may designate a country (or part of a
country) for TPS on the basis of ongoing armed
conflict such that returning would pose a serious
threat to the personal safety of the country’s
nationals and habitual residents, environmental
disaster (including an epidemic), or extraordinary
and temporary conditions in the country that
prevent the safe return of the country’s nationals.
For environmental disaster-based designations,
certain other statutory requirements must be met,
including that the foreign government must request
TPS. A designation based on extraordinary and
temporary conditions cannot be made if the
Secretary finds that allowing the country’s nationals
to remain temporarily in the United States is
contrary to the U.S. national interest. Id., at
§ 244(b)(1).
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decision, and there is no judicial review
of any determination with respect to the
designation, termination, or extension of
a designation. See INA section
244(b)(5)(A); 8 U.S.C. 1254a(b)(5)(A).2
The Secretary, in his or her discretion,
may then grant TPS to eligible nationals
of that foreign state (or individuals
having no nationality who last
habitually resided in the designated
foreign state). See INA section
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
At least 60 days before the expiration
of a foreign state’s TPS designation or
extension, the Secretary, after
consultation with appropriate U.S.
Government agencies, must review the
conditions in the foreign state
designated for TPS to determine
whether they continue to meet the
conditions for the TPS designation. See
INA section 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). If the Secretary
determines that the foreign state
continues to meet the conditions for
TPS designation, the designation will be
extended for an additional period of 6
months or, in the Secretary’s discretion,
12 or 18 months. See INA section
244(b)(3)(A), (C), 8 U.S.C.
1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no
longer meets the conditions for TPS
designation, the Secretary must
terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B).
Why is the Secretary extending the TPS
designation for Venezuela through
March 10, 2024?
The Secretary has determined that an
18-month TPS extension is warranted
because the extraordinary and
temporary conditions supporting TPS
designation remain based on DHS’s
review of country conditions in
Venezuela, including input received
from the Department of State (DOS) and
other U.S. Government agencies.
Overview
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Extraordinary and temporary
conditions that prevent Venezuelan
nationals from returning in safety
include severe economic and political
crises ongoing within Venezuela, which
have an impact across sectors, including
2 This issue of judicial review is the subject of
litigation. See, e.g., Ramos v. Wolf, 975 F.3d 872
(9th Cir. 2020), petition for en banc rehearing filed
Nov. 30, 2020 (No. 18–16981); Saget v. Trump, 375
F. Supp. 3d 280 (E.D.N.Y. 2019).
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limited access to food, basic services,
and adequate healthcare, and the
deterioration of the rule of law and
protection of human rights.
Venezuela remains in a humanitarian
emergency due to economic and
political crises. The Congressional
Research Service (CRS) reported in
April 2021 that ‘‘Venezuela’s economy
has collapsed’’ 3 and noted that
Venezuela was ‘‘in the throes of a
multiyear economic crisis, one of the
worst economic crises in the world
since World War II,’’ with its economy
contracting by ‘‘more than 75% since
2014 [. . .], estimated as the single
largest economic collapse outside of war
in at least 45 years and more than twice
the magnitude of the Great Depression
in the United States.’’ 4 More recently,
the CRS reported, ‘‘Between 2014 and
2021, Venezuela’s economy contracted
by 80%.’’ 5 Though the CRS indicates
that ‘‘hyperinflation has abated and
higher oil prices driven by Russia’s
invasion of Ukraine appear to be driving
a nascent economic recovery,’’ the
economic situation, which negatively
impacts access to food, purchasing
power, and social services, has created
a humanitarian crisis.6
Moreover, Venezuela has experienced
more than ‘‘two decades of political
tumult.’’ 7 The European Asylum
Support Office (EASO) also reported
that this political polarization
contributed to the emergence of
institutional duality in Venezuela, in
which neither side, those allied with
Nicolas Maduro and those allied with
Juan Guaido´, recognizes the validity of
the other’s institutions.8 Though the
Venezuelan constitution provides
3 Clare Ribando Seelke, Rebecca M. Nelson,
Rhoda Margesson, Phillip Brown, Venezuela:
Background and U.S. Relations, Congressional
Research Service (CRS), Summary, Apr. 28, 2021,
https://sgp.fas.org/crs/row/R44841.pdf (last visited:
Aug. 18, 2022).
4 Id.
5 Id.
6 Clare Ribando Seelke, Venezuela: Political Crisis
and U.S. Policy, CRS, p. 1, Aug. 1, 2022, chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/
https://sgp.fas.org/crs/row/IF10230.pdf (last visited
Aug. 18, 2022).
7 Overcoming the Global Rift on Venezuela,
International Crisis Group, p. i, Feb. 17, 2022,
https://d2071andvip0wj.cloudfront.net/093overcoming-the-global-rift-on-venezuela.pdf (last
visited Aug. 18, 2022).
8 Venezuela: Country Focus, European Asylum
Support Office (EASO), p.21, Aug. 2020, https://
coi.easo.europa.eu/administration/easo/PLib/2020_
08_EASO_COI_Report_Venezuela.pdf (last visited
Aug. 18, 2022).
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citizens the ability to change their
government through free and fair
elections, the Maduro regime has
restricted the exercise of this right and
arbitrarily banned key opposition
figures from participating, maintained
hundreds of political prisoners, used
judicial processes to steal the legal
personages of political parties, and
denied opposition political
representatives equal access to media
coverage and freedom of movement in
the country.9
The resulting impact of the economic
and political crises spreads across
various sectors in Venezuela. Reuters
reported on a 2020–2021 National
Survey of Living Conditions (ENCOVI)
that found that of the country’s 28
million residents, 76.6% live in extreme
poverty, which was an almost 10%
increase from the previous year.10
Moreover, Human Rights Watch
reports that one out of three
Venezuelans is food insecure and in
need of assistance.11 Based on data
collected prior to the pandemic, 8
percent of children under age 5 were
acutely malnourished and 30 percent
chronically malnourished or stunted.12
The United Nations Children’s Fund
(UNICEF) estimates that 116,596
Venezuelan children could suffer from
global acute malnutrition in 2022.13
Estimates suggest that Venezuelans
would require 136 times the minimum
wage of $1.71 per month to access a
basic food basket.14
9 2021 Country Reports of Human Rights
Practices: Venezuela, U.S. Department of State, Apr.
12, 2022, available at: https://www.state.gov/
reports/2021-country-reports-on-human-rightspractices/venezuela/ (last visited: Aug. 18, 2022).
10 Reuters, Extreme Poverty in Venezuela Rises to
76.6%—study, Sept. 29, 2021, https://
www.reuters.com/world/americas/extreme-povertyvenezuela-rises-766-study-2021-09-29/ (last visited
Aug. 18, 2022).
11 Human Rights Watch, World Report 2021,
Venezuela, https://www.hrw.org/world-report/2021/
country-chapters/venezuela (last visited Aug. 18,
2022).
12 Id.
13 UNICEF, Humanitarian Action for Children
2022—Venezuela, (Dec. 7, 2021), https://
reliefweb.int/report/venezuela-bolivarian-republic/
humanitarian-action-children-2022-venezuela (last
visited Aug. 18, 2022).
14 Id. The UN’s Food and Agriculture
Organization (FAO) issues a monthly food price
index, a measure of change in international prices
of a basket of food commodities. See United
Nations, ‘‘Global Issues: Food’’ (last visited 7/25/
2022), https://www.un.org/en/global-issues/food. A
national food basket is a group of essential food
commodities.
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Additionally, sources have described
Venezuela’s health system as ‘‘rundown,’’ 15 ‘‘overloaded and
crumbling,’’ 16 and ‘‘collapsed.’’ 17
Human Rights Watch noted that
millions of Venezuelans are unable to
access basic healthcare.18 Moreover,
Venezuela’s ‘‘collapsed health system
has led to the resurgence of vaccinepreventable and infectious diseases.
Shortages of medications and supplies,
interruptions of utilities at healthcare
centers, and the emigration of
healthcare workers have led to a decline
in operational capacity.’’ 19 Venezuela is
currently experiencing an outbreak of
yellow fever, and other vaccinepreventable diseases such as measles
and polio are at risk of re-emerging.20
Three quarters of households experience
irregular water service provision, while
8.4% do not have access, factors which
exacerbate health and nutrition
problems.21
Human Rights Watch reports that ‘‘As
of October 28 [2021], Venezuela has
confirmed 403,318 cases of COVID–19
and 4,848 deaths. Given limited
availability of reliable testing, lack of
government transparency, and
persecution of medical professionals
and journalists who report on the
15 Vivian Sequera, Venezuela COVID patients,
exhausted doctors get mental health help from
medical charity, Reuters, Feb. 2, 2022, https://
web.archive.org/web/20220217023626/https:/
www.reuters.com/world/asia-pacific/venezuelacovid-patients-exhausted-doctors-get-mentalhealth-help-medical-2022-02-02/ (last visited Aug.
18, 2022).
16 Venezuelans rely on the kindness of strangers
to pay for COVID–19 treatment, Reuters, Oct. 4,
2021, https://web.archive.org/web/
20211004193653/https:/www.reuters.com/world/
americas/venezuelans-rely-kindness-strangers-paycovid-19-treatment-2021-10-04/ (last visited Aug.
18, 2022).
17 Ribando Seelke, Clare, Nelson, Rebecca M.,
Brown, Phillip, Margesson, Rhoda, Venezuela:
Background and U.S. Relations, CRS, p.11, Apr. 28,
2021, https://sgp.fas.org/crs/row/R44841.pdf; World
Report 2022—Venezuela, Human Rights Watch, Jan.
2022, https://www.hrw.org/world-report/2022/
country-chapters/venezuela (last visited Aug. 18,
2022).
18 Human Rights Watch, World Report 2021,
Venezuela, https://www.hrw.org/world-report/2021/
country-chapters/venezuela (last visited Aug. 18,
2022).
19 World Report 2022—Venezuela, Human Rights
Watch, Jan. 2022, https://www.hrw.org/worldreport/2022/country-chapters/venezuela (last
visited Aug. 18, 2022).
20 UNICEF, Humanitarian Action for Children
2022—Venezuela (Dec. 7, 2021), https://
reliefweb.int/report/venezuela-bolivarian-republic/
humanitarian-action-children-2022-venezuela (last
visited Aug. 18, 2022).
21 Id.
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pandemic, the actual numbers are
probably much higher.’’ 22 Reports
further indicate that ‘‘Venezuela’s
COVID–19 vaccination has been marred
by corruption allegations and opacity
regarding the acquisition and
distribution of vaccines and other
medical supplies.’’ 23 Human Rights
Watch reports that ‘‘. . . only 21.6
percent of Venezuelans were fully
vaccinated as of that date [October 27,
2021], according to the Pan American
Health Organization, and 25 to 28
percent of health professionals were still
waiting for their second vaccine shot in
August.’’ 24
The political and economic crises also
impact respect for human rights in
Venezuela. In a February 2022 report,
Amnesty International noted that
‘‘[c]rimes under international law and
human rights violations, including
politically motivated arbitrary
detentions, torture, extrajudicial
executions and excessive use of force
have been systematic and widespread,
and could constitute crimes against
humanity.’’ 25 Amnesty International
further reported that ‘‘trends of
repression in Venezuela have been
directed against a specific group of
people: those perceived as dissidents or
opponents’’ of Nicola´s Maduro.26 While
the ‘‘people belonging to this group are
all different,’’ Amnesty International
noted that it is nevertheless ‘‘possible to
identify particular groups that have
been especially targeted by the policy of
repression, namely students, political
activists, and human rights
defenders.’’ 27
It is estimated that ‘‘more than 6
million refugees and migrants have left
Venezuela as a result of the political
turmoil, socio-economic instability, and
22 Human Rights Watch, World Report 2022,
Venezuela, https://www.hrw.org/world-report/2022/
country-chapters/venezuela (last visited Aug. 18,
2022).
23 Id.
24 Id.
25 Venezuela: Calculated repression: Correlation
between stigmatization and politically motivated
arbitrary detentions, Amnesty International, p.11,
Feb. 10, 2022, https://www.amnesty.org/en/
documents/amr53/5133/2022/en/ (last visited Aug.
18, 2022).
26 Venezuela: Calculated repression: Correlation
between stigmatization and politically motivated
arbitrary detentions, Amnesty International, p.52,
Feb. 10, 2022, https://www.amnesty.org/en/
documents/amr53/5133/2022/en/ (last visited Aug.
18, 2022).
27 Id.
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55027
the ongoing humanitarian crisis.’’ 28 The
New Humanitarian reports that ‘‘The
vast majority of the 6 million
Venezuelans who have escaped poverty,
insecurity, and economic collapse . . .
have tried to start new lives in South
America. But two years after COVID–19
led governments to close borders and
enforce quarantines, many are
discovering that the region is becoming
a less welcoming place.’’ 29
In summary, Venezuela continues to
be in a humanitarian emergency.
Venezuela continues to face economic
contraction, poverty, high levels of
unemployment, reduced access to and
shortages of food and medicine, a
severely weakened medical system, a
collapse in basic services, political
polarization, institutional and political
tensions, human rights abuses and
repression, crime and violence,
corruption, and increased human
mobility and displacement. The
continuing extraordinary and temporary
conditions supporting Venezuela’s TPS
designation remain.
Based upon this review and after
consultation with appropriate U.S.
Government agencies, the Secretary has
determined that:
• The conditions supporting
Venezuela’s designation for TPS
continue to be met. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
• There continue to be extraordinary
and temporary conditions in Venezuela
that prevent Venezuelan nationals (or
individuals having no nationality who
last habitually resided in Venezuela)
from returning to Venezuela in safety,
and it is not contrary to the national
interest of the United States to permit
Venezuelan TPS beneficiaries to remain
in the United States temporarily. See
INA section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).
• The designation of Venezuela for
TPS should be extended for an 18month period, from September 10, 2022,
through March 10, 2024. See INA
section 244(b)(3)(C), 8 U.S.C.
1254a(b)(3)(C).
28 International Organization for Migration, UN
Migration, Venezuelan Refugee and Migrant Crisis,
https://www.iom.int/venezuelan-refugee-andmigrant-crisis (last visited Aug. 15, 2022).
29 Paula Dupraz-Dobias, The New Humanitarian,
Nowhere left to turn, part 2: In a region hit hard
by COVID, the welcome for Venezuelan migrants
wears thin, July 12, 2022, https://
www.thenewhumanitarian.org/analysis/2022/07/
14/South-America-Venezuelan-migrants-COVID
(last visited Aug. 18, 2022).
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
Notice of the Extension of the TPS
Designation of Venezuela
By the authority vested in me as
Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after
consultation with the appropriate U.S.
Government agencies, the statutory
conditions supporting Venezuela’s
designation for TPS on the basis of
extraordinary and temporary conditions
continue to be met. See INA section INA
section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C). On the basis of this
determination, I am extending the
existing designation of TPS for
Venezuela for 18 months, from
September 10, 2022, through March 10,
2024. See INA section 244(b)(1)(C) and
(b)(2); 8 U.S.C. 1254a(b)(1)(C), and
(b)(2).
Alejandro N. Mayorkas
Secretary, U.S. Department of Homeland
Security.
Eligibility and Employment
Authorization for TPS
Required Application Forms and
Application Fees To Re-Register for
TPS
To re-register for TPS based on the
designation of Venezuela, you must
submit an Application for Temporary
Protected Status (Form I–821). There is
no Form I–821 fee for re-registration.
See 8 CFR 244.17. You may be required
to pay the biometric services fee. If you
can demonstrate an inability to pay the
biometric services fee, you may request
to have the fee waived. Please see
additional information under the
‘‘Biometric Services Fee’’ section of this
notice.
Through this Federal Register notice,
your existing EAD issued under the TPS
designation of Venezuela with the
expiration date of September 9, 2022, is
automatically extended through
September 9, 2023. Although not
required to do so, if you want to obtain
a new EAD valid through March 10,
2024, you must file an Application for
Employment Authorization (Form I–
765) and pay the Form I–765 fee (or
request a fee waiver, which you may
submit on Form I–912, Request for Fee
Waiver). If you do not want a new EAD,
you do not have to file Form I–765 and
pay the Form I–765 fee. If you do not
want to request a new EAD now, you
may file Form I–765 at a later date and
pay the fee (or request a fee waiver) at
that time, provided that you still have
TPS or a pending TPS application.
If you have a Form I–821 and/or Form
I–765 that was still pending as of
September 8, 2022, then you do not
need to file either application again. If
USCIS approves your pending TPS
application, USCIS will grant you TPS
through March 10, 2024. Similarly, if
USCIS approves your pending TPSrelated Form I–765, it will be valid
through the same date.
You may file the application for a new
EAD either prior to or after your current
EAD has expired. However, you are
strongly encouraged to file your
application for a new EAD as early as
possible to avoid gaps in the validity of
your employment authorization
documentation.
For more information on the
application forms and fees for TPS,
please visit the USCIS TPS web page at
www.uscis.gov/tps. Fees for the Form I–
821, the Form I–765, and biometric
services are also described in 8 CFR
103.7(b)(1)(i).
Refiling a TPS Re-Registration
Application After Receiving a Denial of
a Fee Waiver Request
You should file as soon as possible
within the 60-day re-registration period
so USCIS can process your application
and issue your EAD promptly. Properly
filing early will also allow you to have
time to refile your application before the
deadline, should USCIS deny your fee
waiver request. If, however, you receive
a denial of your fee waiver request and
are unable to refile by the re-registration
deadline, you may still refile your Form
I–821 with the biometrics fee. USCIS
will review this situation to determine
whether you established good cause for
late TPS re-registration. However, you
are urged to refile within 45 days of the
date on any USCIS fee waiver denial
notice, if possible. See INA section
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8
CFR 244.17(b). For more information on
good cause for late re-registration, visit
the USCIS TPS web page at
www.uscis.gov/tps. Following denial of
your fee waiver request, you may also
refile your Form I–765 with fee either
with your Form I–821 or at a later time,
if you choose.
Note: A re-registering TPS beneficiary
age 14 and older must pay the biometric
services fee (but not the Form I–821 fee),
or request a fee waiver, when filing a
TPS re-registration application.
However, if you decide to wait to
request an EAD, you do not have to file
the Form I–765 or pay the associated
Form I–765 fee (or request a fee waiver)
at the time of re-registration. You may
wait to seek an EAD until after USCIS
has approved your TPS re-registration
application or at any later date you
decide you want to request an EAD. To
re-register for TPS, you only need to file
the Form I–821 with the biometrics
services fee, if applicable, (or request a
fee waiver).
Filing Information
USCIS offers the option to reregistrants for TPS under the extension
of Venezuela’s designation to file Form
I–821 and related requests for EADs
online or by mail. When filing a TPS
application, applicants can also request
an EAD by submitting a completed
Form I–765, Request for Employment
Authorization, with their Form I–821.
Online filing: Form I–821 and I–765
are available for concurrent filing
online.30 To file these forms online, you
must first create a USCIS online
account.31
Mail filing: Mail your application for
TPS to the proper address in Table 1.
Table 1—Mailing Addresses
Mail your completed Form I–821,
Application for Temporary Protected
Status; Form I–765, Application for
Employment Authorization; Form I–
912, Request for Fee Waiver (if
applicable); and supporting
documentation to the proper address in
Table 1.
TABLE 1—MAILING ADDRESSES
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If . . .
Mail to . . .
You are a beneficiary
TPS designation for
in Florida.
You are a beneficiary
TPS designation for
in any other state.
re-registering under the
Venezuela and you live
re-registering under the
Venezuela and you live
U.S. Postal Service (USPS): USCIS, Attn: TPS Venezuela, P.O. Box 20300, Phoenix, AZ 85036–0300.
FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Venezuela (Box 20300), 1820 E Skyharbor Circle S, Suite
100, Phoenix, AZ 85034–4850.
U.S. Postal Service (USPS): USCIS, Attn: TPS Venezuela, P.O. Box 805282, Chicago, IL 60680–5285.
FedEx, UPS, and DHL deliveries: USCIS, Attn: TPS Venezuela (Box 805282), 131 South Dearborn—3rd Floor,
Chicago, IL 60603–5517.
30 Find information about online filing at ‘‘Forms
Available to File Online,’’ https://www.uscis.gov/
file-online/forms-available-to-file-online.
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31 https://myaccount.uscis.gov/users/sign_up.
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If you were granted TPS by an
immigration judge (IJ) or the Board of
Immigration Appeals (BIA) and you
wish to request an EAD, please mail
your Form I–765 application to the
appropriate mailing address in Table 1.
When you are requesting an EAD based
on an IJ/BIA grant of TPS, please
include a copy of the IJ or BIA order
granting you TPS with your application.
This will help us verify your grant of
TPS and process your application.
Supporting Documents
The filing instructions on the Form I–
821 list all the documents needed to
establish eligibility for TPS. You may
also find information on the acceptable
documentation and other requirements
for applying (that is, registering) for TPS
on the USCIS website at uscis.gov/tps
under ‘‘Venezuela.’’
Travel
TPS beneficiaries may also apply for
and be granted travel authorization as a
matter of discretion. You must file for
travel authorization if you wish to travel
outside of the United States. If granted,
travel authorization gives you
permission to leave the United States
and return during a specific period. To
request travel authorization, you must
file Form I–131, Application for Travel
Document, available at www.uscis.gov/i131. You may file Form I–131 together
55029
with your Form I–821 or separately.
When filing the Form I–131, you must:
• Select Item Number 1.d. in Part 2
on the Form I–131; and
• Submit the fee for the Form I–131,
or request a fee waiver, which you may
submit on Form I–912, Request for Fee
Waiver.
If you are filing Form I–131 together
with Form I–821, send your forms to the
address listed in Table 1. If you are
filing Form I–131 separately based on a
pending or approved Form I–821, send
your form to the address listed in Table
2 and include a copy of Form I–797 for
the approved or pending Form I–821.
TABLE 2—MAILING ADDRESSES
If you are . . .
Mail to . . .
Filing Form I–131 together with a Form I–821, Application for Temporary Protected Status.
Filing Form I–131 based on a pending or approved Form I–821, and
you are using the U.S. Postal Service (USPS):
You must include a copy of the receipt notice (Form I–797C) showing
we accepted or approved your Form I–821.
Filing Form I–131 based on a pending or approved Form I–821, and
you are using FedEx, UPS, or DHL:
You must include a copy of the receipt notice (Form I–797C) showing
we accepted or approved your Form I–821.
The address provided in Table 1.
Biometric Services Fee
Biometrics (such as fingerprints) are
required for all applicants 14 years of
age and older. Those applicants must
submit a biometric services fee. As
previously stated, if you are unable to
pay the biometric services fee, you may
request a fee waiver, which you may
submit on Form I–912, Request for Fee
Waiver. For more information on the
application forms and fees for TPS,
please visit the USCIS TPS web page at
www.uscis.gov/tps. If necessary, you
may be required to visit an Application
Support Center to have your biometrics
captured. For additional information on
the USCIS biometrics screening process,
please see the USCIS Customer Profile
Management Service Privacy Impact
Assessment, available at www.dhs.gov/
privacy.
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General Employment-Related
Information for TPS Applicants and
Their Employers
How can I obtain information on the
status of my TPS application and EAD
request?
To get case status information about
your TPS application, as well as the
status of your TPS-based EAD request,
you can check Case Status Online at
uscis.gov, or visit the USCIS Contact
Center at uscis.gov/contactcenter. If
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USCIS, Attn: I–131 TPS, P.O. Box 660167, Dallas, TX 75266–0867.
USCIS, Attn: I–131 TPS, 2501 S State Hwy. 121 Business, Ste. 400,
Lewisville, TX 75067.
your Form I–765 has been pending for
more than 90 days, and you still need
assistance, you may ask a question
about your case online at egov.uscis.gov/
e-request/Intro.do or call the USCIS
Contact Center at 800–375–5283 (TTY
800–767–1833).
Am I eligible to receive an automatic
extension of my current EAD through
September 9, 2023, using this Federal
Register notice?
Yes. Regardless of your country of
birth, provided that you currently have
a Venezuela TPS-based EAD that has the
notation A–12 or C–19 under Category
and a ‘‘Card Expires’’ date of September
9, 2022, this Federal Register notice
automatically extends your EAD
through September 9, 2023. Although
this Federal Register notice
automatically extends your EAD
through September 9, 2023, you must
re-register timely for TPS in accordance
with the procedures described in this
Federal Register notice to maintain your
TPS and employment authorization.
When hired, what documentation may I
show to my employer as evidence of
identity and employment authorization
when completing Form I–9?
You can find the Lists of Acceptable
Documents on the Form I–9,
Employment Eligibility Verification, as
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well as the Acceptable Documents web
page at uscis.gov/i-9-central/acceptabledocuments. Employers must complete
Form I–9 to verify the identity and
employment authorization of all new
employees. Within three days of hire,
employees must present acceptable
documents to their employers as
evidence of identity and employment
authorization to satisfy Form I–9
requirements.
You may present any document from
List A (which provides evidence of both
identity and employment authorization)
or one document from List B (which
provides evidence of your identity)
together with one document from List C
(which provides evidence of
employment authorization), or you may
present an acceptable receipt as
described in the Form I–9 Instructions.
Employers may not reject a document
based on a future expiration date. You
can find additional information about
Form I–9 on the I–9 Central web page
at uscis.gov/I-9Central. An EAD is an
acceptable document under List A. See
the section ‘‘How do my employer and
I complete Form I–9 using my
automatically extended EAD for a new
job?’’ of this Federal Register notice for
further information. If your EAD states
A–12 or C–19 under Category and has
a Card Expires date of September 9,
2022, it has been extended
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automatically by virtue of this Federal
Register notice and you may choose to
present your EAD to your employer as
proof of identity and employment
eligibility for Form I–9 through
September 9, 2023, unless your TPS has
been withdrawn or your request for TPS
has been denied. Your country of birth
notated on the EAD does not have to
reflect the TPS designated country of
Venezuela for you to be eligible for this
extension.
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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?
Even though we have automatically
extended your EAD, 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 USCIS has
automatically extended your EAD
through September 9, 2023, but you are
not required to do so. The last day of the
automatic EAD extension is September
9, 2023. Before you start work on
September 10, 2023, your employer is
required by law to reverify your
employment authorization on 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.
If I have an EAD based on another
immigration status, can I obtain a new
TPS-based EAD?
Yes, if you are eligible for TPS, you
can obtain a new TPS-based EAD,
regardless of whether you have an EAD
or work authorization based on another
immigration status. If you want to
obtain a new TPS-based EAD valid
through March 10, 2024, then you must
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file Form I–765, Application for
Employment Authorization, and pay the
associated fee (unless USCIS grants your
fee waiver request).
Before the start of work on September
10, 2023, employers must reverify the
employee’s employment authorization
on Form I–9.
Can my employer require that I provide
any other documentation such as
evidence of my status or proof of my
Venezuelan citizenship or a Form I–
797C showing that I registered or reregistered for TPS for Form I–9
completion?
No. When completing Form I–9,
employers must accept any
documentation you choose to present
from the Form I–9 Lists of Acceptable
Documents that reasonably appears to
be genuine and that relates to you, or an
acceptable List A, List B, or List C
receipt. Employers need not reverify
List B identity documents. Employers
may not request proof of Venezuelan
citizenship or proof of registration or reregistration for TPS when completing
Form I–9 for new hires or reverifying
the employment authorization of
current employees. If you present an
EAD that USCIS has automatically
extended, employers should accept it as
a valid List A document so long as the
EAD reasonably appears to be genuine
and to relate to you. Refer to the ‘‘Note
to Employees’’ section of this Federal
Register notice for important
information about your rights if your
employer rejects lawful documentation,
requires additional documentation, or
otherwise discriminates against you
based on your citizenship or
immigration status, or your national
origin.
What updates should my current
employer make to Form I–9 if my EAD
has been automatically extended?
If you presented a TPS-related EAD
that was valid when you first started
your job and USCIS has now
automatically extended your EAD, your
employer may need to re-inspect your
current EAD if they do not have a copy
of the EAD on file. Your employer
should determine if your EAD is
automatically extended by ensuring that
it contains Category A–12 or C–19 on
the front of the card and has a ‘‘Card
Expires’’ date of September 9, 2022. The
employer may not rely on the country
of birth listed on the card to determine
whether you are eligible for this
extension.
If your employer determines that
USCIS has automatically extended your
EAD, your employer should update
Section 2 of your previously completed
Form I–9 as follows:
1. Write EAD EXT and September 9,
2023, as the last day of the automatic
extension in the Additional Information
field; and
2. Initial and date the correction.
Note: This is not considered a
reverification. Employers do not reverify
the employee until either the one-year
automatic extension has ended, or the
employee presents a new document to
show continued employment
authorization, whichever is sooner. By
September 10, 2023, when the
employee’s automatically extended EAD
has expired, employers are required by
law to reverify the employee’s
employment authorization on Form I–9.
How do my employer and I complete
Form I–9 using my automatically
extended EAD for a new job?
When using an automatically
extended EAD to complete Form I–9 for
a new job before September 10, 2023:
1. For Section 1, you should:
a. Check ‘‘An alien authorized to work
until’’ and enter September 9, 2023, 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 the EAD is autoextended by ensuring it is in category
A–12 or C–19 and has a ‘‘Card Expires’’
date of September 9, 2022;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write September 9, 2023, as the
expiration date.
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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 September 9, 2023, as the
expiration date for an EAD that has been
extended under this Federal Register
notice.
If I am an employer enrolled in E-Verify,
what do I do when I receive a ‘‘Work
Authorization Documents Expiring’’
alert for an automatically extended
EAD?
E-Verify automated the verification
process for TPS-related EADs that are
automatically extended. If you have
employees who provided a TPS-related
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EAD when they first started working for
you, you will receive a ‘‘Work
Authorization Documents Expiring’’
case alert when the auto-extension
period for this EAD is about to expire.
Before this employee starts work on
September 10, 2023, you must reverify
their employment authorization on
Form I–9. Employers may not use EVerify for reverification.
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Note to All Employers
Employers are reminded that the laws
requiring proper employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
Federal Register notice does not
supersede or in any way limit
applicable employment verification
rules and policy guidance, including
those rules setting forth reverification
requirements. For general questions
about the employment eligibility
verification process, employers may call
USCIS at 888–464–4218 (TTY 877–875–
6028) or email USCIS at I-9Central@
uscis.dhs.gov. USCIS accepts calls and
emails in English and many other
languages. For questions about avoiding
discrimination during the employment
eligibility verification process (Form I–
9 and E-Verify), employers may call the
U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee
Rights Section (IER) Employer Hotline
at 800–255–8155 (TTY 800–237–2515).
IER offers language interpretation in
numerous languages. Employers may
also email IER at IER@usdoj.gov.
Note to Employees
For general questions about the
employment eligibility verification
process, employees may call USCIS at
888–897–7781 (TTY 877–875–6028) or
email USCIS at I-9Central@
uscis.dhs.gov. USCIS accepts calls in
English, Spanish and many other
languages. Employees or job applicants
may also call the IER Worker Hotline at
800–255–7688 (TTY 800–237–2515) for
information regarding employment
discrimination based on citizenship,
immigration status, or national origin,
including discrimination related to
Form I–9 and E-Verify. The IER Worker
Hotline provides language interpretation
in numerous languages.
To comply with the law, employers
must accept any document or
combination of documents from the
Lists of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt as described in the Form I–9
Instructions. Employers may not require
extra or additional documentation
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18:19 Sep 07, 2022
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beyond what is required for Form I–9
completion. Further, employers
participating in E-Verify who receive an
E-Verify case result of ‘‘Tentative
Nonconfirmation’’ (TNC) must promptly
inform employees of the TNC and give
such employees an opportunity to
contest the TNC. A TNC case result
means that the information entered into
E-Verify from Form I–9 differs from
records available to DHS.
Employers may not terminate,
suspend, delay training, withhold or
lower pay, or take any adverse action
against an employee because of a TNC
while the case is still pending with EVerify. A Final Nonconfirmation (FNC)
case result is received when E-Verify
cannot confirm an employee’s
employment eligibility. An employer
may terminate employment based on a
case result of FNC. Work-authorized
employees who receive an FNC may call
USCIS for assistance at 888–897–7781
(TTY 877–875–6028). For more
information about E-Verify-related
discrimination or to report an employer
for discrimination in the E-Verify
process based on citizenship,
immigration status, or national origin,
contact IER’s Worker Hotline at 800–
255–7688 (TTY 800–237–2515).
Additional information about proper
nondiscriminatory Form I–9 and EVerify procedures is available on the
IER website at justice.gov/
ierandtheUSCISandEVerifywebsitesatuscis.gov/i-9-central
and e-verify.gov.
Note Regarding Federal, State, and
Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, TPS
beneficiaries presenting an
automatically extended EAD referenced
in this Federal Register notice do not
need to show any other document, such
as an I–797C Notice of Action or this
Federal Register notice, to prove that
they qualify for this extension. 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, or
may be used by DHS to determine if you
PO 00000
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Sfmt 4703
55031
have TPS or another immigration status.
Examples of such documents are:
• Your current EAD with a TPS
category code of A12 or C19, even if
your country of birth noted on the EAD
does not reflect the TPS designated
country of Venezuela;
• Your Form I–94, Arrival/Departure
Record;
• Your Form I–797, Notice of Action,
reflecting approval of your Form I–765;
or
• Form I–797, Notice of Action,
reflecting approval or receipt of a past
or current Form I–821.
Check with the government agency
regarding which document(s) the agency
will accept. Some benefit-granting
agencies use the SAVE program to
confirm the current immigration status
of applicants for public benefits.
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 TPSrelated document you are presenting,
such as an EAD, the agency should
accept your automatically extended
EAD, regardless of the country of birth
listed on the EAD. It may assist the
agency if you:
a. Present the agency with a copy of
the relevant Federal Register notice
showing the extension of your EAD in
addition to your recent TPS-related
document with your A-Number, or
USCIS number;
b. Explain that SAVE will be able to
verify the continuation of your TPS
using this information; and
c. Ask the agency to initiate a SAVE
query with your information and follow
through with additional verification
steps, if necessary, to get a final SAVE
response verifying your TPS.
You can also ask the agency to look
for SAVE notices or contact SAVE if
they have any questions about your
immigration status or automatic
extension of TPS-related
documentation. In most cases, SAVE
provides an automated electronic
response to benefit-granting agencies
within seconds, but occasionally
verification can be delayed. You can
check the status of your SAVE
verification by using CaseCheck at
save.uscis.gov/casecheck/. CaseCheck is
a free service that lets you follow the
progress of your SAVE verification case
using your date of birth and one
immigration identifier number (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
E:\FR\FM\08SEN1.SGM
08SEN1
55032
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
response, the agency must offer you the
opportunity to appeal the decision in
accordance with the agency’s
procedures. If the agency has received
and acted on or will act on a SAVE
verification and you do not believe the
SAVE response is correct, the SAVE
website, www.uscis.gov/save, has
detailed information on how to make
corrections or update your immigration
record, make an appointment, or submit
a written request to correct records.
[FR Doc. 2022–19527 Filed 9–7–22; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–IA–2022–0120;
FXIA16710900000–223–FF09A30000]
I. Public Comment Procedures
Foreign Endangered Species; Receipt
of Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of permit
applications; request for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on applications to conduct
certain activities with foreign species
that are listed as endangered under the
Endangered Species Act (ESA). With
some exceptions, the ESA prohibits
activities with listed species unless
Federal authorization is issued that
allows such activities. The ESA also
requires that we invite public comment
before issuing permits for any activity
otherwise prohibited by the ESA with
respect to any endangered species.
DATES: We must receive comments by
October 11, 2022.
ADDRESSES:
Obtaining Documents: The
applications, application supporting
materials, and any comments and other
materials that we receive will be
available for public inspection at
https://www.regulations.gov in Docket
No. FWS–HQ–IA–2022–0120.
Submitting Comments: When
submitting comments, please specify the
name of the applicant and the permit
number at the beginning of your
comment. You may submit comments
by one of the following methods:
• Internet: https://
www.regulations.gov. Search for and
submit comments on Docket No. FWS–
HQ–IA–2022–0120.
• U.S. mail: Public Comments
Processing, Attn: Docket No. FWS–HQ–
IA–2022–0120; U.S. Fish and Wildlife
Service Headquarters, MS: PRB/3W;
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
5275 Leesburg Pike; Falls Church, VA
22041–3803.
For more information, see Public
Comment Procedures under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Brenda Tapia, by phone at 703–358–
2185 or via email at DMAFR@fws.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
A. How do I comment on submitted
applications?
We invite the public and local, State,
Tribal, and Federal agencies to comment
on these applications. Before issuing
any of the requested permits, we will
take into consideration any information
that we receive during the public
comment period.
You may submit your comments and
materials by one of the methods in
ADDRESSES. We will not consider
comments sent by email, or to an
address not in ADDRESSES. We will not
consider or include in our
administrative record comments we
receive after the close of the comment
period (see DATES).
When submitting comments, please
specify the name of the applicant and
the permit number at the beginning of
your comment. Provide sufficient
information to allow us to authenticate
any scientific or commercial data you
include. The comments and
recommendations that will be most
useful and likely to influence agency
decisions are: (1) Those supported by
quantitative information or studies; and
(2) those that include citations to, and
analyses of, the applicable laws and
regulations.
B. May I review comments submitted by
others?
You may view and comment on
others’ public comments at https://
www.regulations.gov, unless our
allowing so would violate the Privacy
Act (5 U.S.C. 552a) or Freedom of
Information Act (5 U.S.C. 552).
C. Who will see my comments?
If you submit a comment at https://
www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
on the website. If you submit a
hardcopy comment that includes
personal identifying information, such
as your address, phone number, or
email address, you may request at the
top of your document that we withhold
this information from public review.
However, we cannot guarantee that we
will be able to do so. Moreover, all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
II. Background
To help us carry out our conservation
responsibilities for affected species, and
in consideration of section 10(c) of the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.),
we invite public comments on permit
applications before final action is taken.
With some exceptions, the ESA
prohibits certain activities with listed
species unless Federal authorization is
issued that allows such activities.
Permits issued under section 10(a)(1)(A)
of the ESA allow otherwise prohibited
activities for scientific purposes or to
enhance the propagation or survival of
the affected species. Service regulations
regarding prohibited activities with
endangered species, captive-bred
wildlife registrations, and permits for
any activity otherwise prohibited by the
ESA with respect to any endangered
species are available in title 50 of the
Code of Federal Regulations in part 17.
III. Permit Applications
We invite comments on the following
applications.
Applicant: Florida State University
Robert K. Godfrey Herbarium,
Tallahassee, FL; Permit No.
PER0050556
The applicant requests the renewal of
their permit to export and re-import
herbarium specimens of endangered and
threatened species (excluding animals)
previously legally accessioned into the
permittee’s collection for scientific
research. This notification covers
activities to be conducted by the
applicant over a 5-year period.
Applicant: Duke University, Durham,
NC; Permit No. PER0050971
The applicant requests authorization
to export and reimport nonliving
museum specimens of endangered
animal species previously accessioned
into the applicant’s collection for
scientific research. This notification
E:\FR\FM\08SEN1.SGM
08SEN1
]]>Agencies
[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55024-55032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19527]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2682-21; DHS Docket No. USCIS-2021-0003]
RIN 1615-ZB86
Extension of the Designation of Venezuela for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) extension.
-----------------------------------------------------------------------
SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Venezuela for Temporary Protected Status
(TPS) for 18 months, effective September 10, 2022 through March 10,
2024. This extension allows currently eligible TPS beneficiaries to
retain TPS through March 10, 2024, so long as they otherwise continue
to meet the eligibility requirements for TPS. Existing TPS
beneficiaries who wish to extend their status through March 10, 2024
must re-register during the re-registration period. This notice sets
forth procedures necessary for Venezuelan nationals (and individuals
having no nationality who last habitually resided in Venezuela) to re-
register for TPS and to apply for Employment Authorization Documents
(EADs) with U.S Citizenship and Immigration Services (USCIS). USCIS
will issue new EADs with a March 10, 2024 expiration date to eligible
beneficiaries under Venezuela's TPS designation who timely re-register
and apply for EADs under this extension.
DATES: Extension of Designation of Venezuela for TPS: The 18-month
extension of the TPS designation of Venezuela for TPS is effective on
September 10, 2022, and will remain in effect for 18 months, through
March 10, 2024. The 60-day re-registration period for existing TPS
beneficiaries runs from September 8, 2022 through November 7, 2022.
(Note: It is important for re-registrants to timely re-register during
the 60-day registration period and not to wait until their EADs expire,
as delaying reregistration could result in gaps in their employment
authorization documentation.)
FOR FURTHER INFORMATION CONTACT: You may contact Ren[aacute] Cutlip-
Mason, Chief, Humanitarian Affairs Division, Office of Policy and
Strategy, U.S. Citizenship and Immigration Services, Department of
Homeland Security, by mail at 5900 Capital Gateway Drive, Camp Springs,
MD 20746, or by phone at 800-375-5283.
For further information on TPS, including guidance on the re-
registration process and additional information on eligibility, please
visit the USCIS TPS web page at uscis.gov/tps. You can find specific
information about this extension of Venezuela's TPS designation by
selecting ``Venezuela'' from the menu on the left side of the TPS web
page.
If you have additional questions about TPS, please visit uscis.gov/tools. Our online virtual assistant, Emma, can answer many of your
questions and point you to additional information on our website. If
you are unable to find your answers there, you may also call our USCIS
Contact Center at 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their individual
cases may check Case Status Online, available on the USCIS website at
uscis.gov, or visit the USCIS Contact Center at uscis.gov/contactcenter.
Further information will also be available at local USCIS offices
upon publication of this notice.
SUPPLEMENTARY INFORMATION:
[[Page 55025]]
Table of Abbreviations
BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action (Approval Notice)
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Purpose of This Action (TPS)
Through this notice, DHS sets forth procedures necessary for
nationals of Venezuela (or individuals having no nationality who last
habitually resided in Venezuela) to re-register for TPS and to apply
for renewal of their EADs with USCIS. Re-registration is limited to
individuals who have previously registered for TPS under the
designation of Venezuela and whose applications have been granted.
Failure to re-register properly within the 60-day re-registration
period may result in the withdrawal of your TPS following appropriate
procedures. See 8 CFR 244.14. Individuals who have a Venezuelan TPS
application (Form I-821) pending as of September 8, 2022 do not need to
file to re-register. If USCIS approves an individual's pending Form I-
821, USCIS will grant the individual TPS through March 10, 2024.
Certain nationals of Venezuela (or individuals having no nationality
who last habitually resided in Venezuela) who have not previously
applied for TPS may be eligible to apply under the late initial
registration provisions, if they meet: (1) At least one of the late
initial filing criteria; and, (2) all TPS eligibility criteria
(including continuous residence in the United States since March 8,
2021, and continuous physical presence in the United States since March
9, 2021). For more information on late initial filing please see 8 CFR
244.2(f) and (g); and https://www.uscis.gov/humanitarian/temporary-protected-status under Late Filing.
For individuals who have already been granted TPS under Venezuela's
designation, the 60-day re-registration period runs from September 8,
2022 through November 7, 2022. USCIS will issue new EADs with a March
10, 2024 expiration date to eligible Venezuelan TPS beneficiaries who
timely re-register and apply for EADs. Given the time frames involved
with processing TPS re-registration applications, DHS recognizes that
not all re-registrants may receive new EADs before their current EADs
expire on September 9, 2022. Accordingly, through this Federal Register
notice, DHS automatically extends the validity of these EADs previously
issued under the TPS designation of Venezuela through September 9,
2023.
Therefore, as proof of continued employment authorization through
September 9, 2023, TPS beneficiaries can show their EADs that have the
notation A-12 or C-19 under Category and a ``Card Expires'' date of
September 9, 2022. This notice explains how TPS beneficiaries and their
employers may determine which EADs are automatically extended and how
this affects the Form I-9, Employment Eligibility Verification, E-
Verify, and USCIS Systematic Alien Verification for Entitlements (SAVE)
processes.
Individuals who have a Venezuelan TPS application (Form I-821) and/
or Application for Employment Authorization (Form I-765) that was still
pending as of September 8, 2022 do not need to file either application
again. If USCIS approves an individual's pending Form I-821, USCIS will
grant the individual TPS through March 10, 2024. Similarly, if USCIS
approves a pending TPS-related Form I-765, USCIS will issue the
individual a new EAD that will be valid through the same date.
What is temporary protected status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state, regardless of their country of birth.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to work so long as they continue to meet the requirements of
TPS. They may apply for and receive EADs as evidence of employment
authorization.
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of DHS discretion.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary terminates a foreign state's TPS
designation, beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.
When was Venezuela designated for TPS?
Secretary of Homeland Security, Alejandro N. Mayorkas, initially
designated Venezuela for TPS on March 9, 2021, on the basis of
extraordinary and temporary conditions that prevented nationals of
Venezuela from returning in safety. See Designation of Venezuela for
Temporary Protected Status and Implementation of Employment
Authorization for Venezuelans Covered by Deferred Enforced Departure,
86 FR 13574 (Mar. 9, 2021).
What authority does the Secretary have to extend the designation of
Venezuela for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\1\ The
decision to designate any foreign state (or part thereof) is a
discretionary
[[Page 55026]]
decision, and there is no judicial review of any determination with
respect to the designation, termination, or extension of a designation.
See INA section 244(b)(5)(A); 8 U.S.C. 1254a(b)(5)(A).\2\ The
Secretary, in his or her discretion, may then grant TPS to eligible
nationals of that foreign state (or individuals having no nationality
who last habitually resided in the designated foreign state). See INA
section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------
\1\ INA section 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135. The Secretary may
designate a country (or part of a country) for TPS on the basis of
ongoing armed conflict such that returning would pose a serious
threat to the personal safety of the country's nationals and
habitual residents, environmental disaster (including an epidemic),
or extraordinary and temporary conditions in the country that
prevent the safe return of the country's nationals. For
environmental disaster-based designations, certain other statutory
requirements must be met, including that the foreign government must
request TPS. A designation based on extraordinary and temporary
conditions cannot be made if the Secretary finds that allowing the
country's nationals to remain temporarily in the United States is
contrary to the U.S. national interest. Id., at Sec. 244(b)(1).
\2\ This issue of judicial review is the subject of litigation.
See, e.g., Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition for
en banc rehearing filed Nov. 30, 2020 (No. 18-16981); Saget v.
Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019).
---------------------------------------------------------------------------
At least 60 days before the expiration of a foreign state's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether they continue to
meet the conditions for the TPS designation. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
the foreign state continues to meet the conditions for TPS designation,
the designation will be extended for an additional period of 6 months
or, in the Secretary's discretion, 12 or 18 months. See INA section
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for Venezuela
through March 10, 2024?
The Secretary has determined that an 18-month TPS extension is
warranted because the extraordinary and temporary conditions supporting
TPS designation remain based on DHS's review of country conditions in
Venezuela, including input received from the Department of State (DOS)
and other U.S. Government agencies.
Overview
Extraordinary and temporary conditions that prevent Venezuelan
nationals from returning in safety include severe economic and
political crises ongoing within Venezuela, which have an impact across
sectors, including limited access to food, basic services, and adequate
healthcare, and the deterioration of the rule of law and protection of
human rights.
Venezuela remains in a humanitarian emergency due to economic and
political crises. The Congressional Research Service (CRS) reported in
April 2021 that ``Venezuela's economy has collapsed'' \3\ and noted
that Venezuela was ``in the throes of a multiyear economic crisis, one
of the worst economic crises in the world since World War II,'' with
its economy contracting by ``more than 75% since 2014 [. . .],
estimated as the single largest economic collapse outside of war in at
least 45 years and more than twice the magnitude of the Great
Depression in the United States.'' \4\ More recently, the CRS reported,
``Between 2014 and 2021, Venezuela's economy contracted by 80%.'' \5\
Though the CRS indicates that ``hyperinflation has abated and higher
oil prices driven by Russia's invasion of Ukraine appear to be driving
a nascent economic recovery,'' the economic situation, which negatively
impacts access to food, purchasing power, and social services, has
created a humanitarian crisis.\6\
---------------------------------------------------------------------------
\3\ Clare Ribando Seelke, Rebecca M. Nelson, Rhoda Margesson,
Phillip Brown, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), Summary, Apr. 28, 2021,
https://sgp.fas.org/crs/row/R44841.pdf (last visited: Aug. 18,
2022).
\4\ Id.
\5\ Id.
\6\ Clare Ribando Seelke, Venezuela: Political Crisis and U.S.
Policy, CRS, p. 1, Aug. 1, 2022, chrome-extension://
efaidnbmnnnibpcajpcglclefindmkaj/https://sgp.fas.org/crs/row/IF10230.pdf (last visited Aug. 18, 2022).
---------------------------------------------------------------------------
Moreover, Venezuela has experienced more than ``two decades of
political tumult.'' \7\ The European Asylum Support Office (EASO) also
reported that this political polarization contributed to the emergence
of institutional duality in Venezuela, in which neither side, those
allied with Nicolas Maduro and those allied with Juan Guaid[oacute],
recognizes the validity of the other's institutions.\8\ Though the
Venezuelan constitution provides citizens the ability to change their
government through free and fair elections, the Maduro regime has
restricted the exercise of this right and arbitrarily banned key
opposition figures from participating, maintained hundreds of political
prisoners, used judicial processes to steal the legal personages of
political parties, and denied opposition political representatives
equal access to media coverage and freedom of movement in the
country.\9\
---------------------------------------------------------------------------
\7\ Overcoming the Global Rift on Venezuela, International
Crisis Group, p. i, Feb. 17, 2022, https://d2071andvip0wj.cloudfront.net/093-overcoming-the-global-rift-on-venezuela.pdf (last visited Aug. 18, 2022).
\8\ Venezuela: Country Focus, European Asylum Support Office
(EASO), p.21, Aug. 2020, https://coi.easo.europa.eu/administration/easo/PLib/2020_08_EASO_COI_Report_Venezuela.pdf (last visited Aug.
18, 2022).
\9\ 2021 Country Reports of Human Rights Practices: Venezuela,
U.S. Department of State, Apr. 12, 2022, available at: https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/venezuela/ (last visited: Aug. 18, 2022).
---------------------------------------------------------------------------
The resulting impact of the economic and political crises spreads
across various sectors in Venezuela. Reuters reported on a 2020-2021
National Survey of Living Conditions (ENCOVI) that found that of the
country's 28 million residents, 76.6% live in extreme poverty, which
was an almost 10% increase from the previous year.\10\
---------------------------------------------------------------------------
\10\ Reuters, Extreme Poverty in Venezuela Rises to 76.6%--
study, Sept. 29, 2021, https://www.reuters.com/world/americas/extreme-poverty-venezuela-rises-766-study-2021-09-29/ (last visited
Aug. 18, 2022).
---------------------------------------------------------------------------
Moreover, Human Rights Watch reports that one out of three
Venezuelans is food insecure and in need of assistance.\11\ Based on
data collected prior to the pandemic, 8 percent of children under age 5
were acutely malnourished and 30 percent chronically malnourished or
stunted.\12\ The United Nations Children's Fund (UNICEF) estimates that
116,596 Venezuelan children could suffer from global acute malnutrition
in 2022.\13\ Estimates suggest that Venezuelans would require 136 times
the minimum wage of $1.71 per month to access a basic food basket.\14\
---------------------------------------------------------------------------
\11\ Human Rights Watch, World Report 2021, Venezuela, https://www.hrw.org/world-report/2021/country-chapters/venezuela (last
visited Aug. 18, 2022).
\12\ Id.
\13\ UNICEF, Humanitarian Action for Children 2022--Venezuela,
(Dec. 7, 2021), https://reliefweb.int/report/venezuela-bolivarian-republic/humanitarian-action-children-2022-venezuela (last visited
Aug. 18, 2022).
\14\ Id. The UN's Food and Agriculture Organization (FAO) issues
a monthly food price index, a measure of change in international
prices of a basket of food commodities. See United Nations, ``Global
Issues: Food'' (last visited 7/25/2022), https://www.un.org/en/global-issues/food. A national food basket is a group of essential
food commodities.
---------------------------------------------------------------------------
[[Page 55027]]
Additionally, sources have described Venezuela's health system as
``run-down,'' \15\ ``overloaded and crumbling,'' \16\ and
``collapsed.'' \17\ Human Rights Watch noted that millions of
Venezuelans are unable to access basic healthcare.\18\ Moreover,
Venezuela's ``collapsed health system has led to the resurgence of
vaccine-preventable and infectious diseases. Shortages of medications
and supplies, interruptions of utilities at healthcare centers, and the
emigration of healthcare workers have led to a decline in operational
capacity.'' \19\ Venezuela is currently experiencing an outbreak of
yellow fever, and other vaccine-preventable diseases such as measles
and polio are at risk of re-emerging.\20\ Three quarters of households
experience irregular water service provision, while 8.4% do not have
access, factors which exacerbate health and nutrition problems.\21\
---------------------------------------------------------------------------
\15\ Vivian Sequera, Venezuela COVID patients, exhausted doctors
get mental health help from medical charity, Reuters, Feb. 2, 2022,
https://web.archive.org/web/20220217023626/https:/www.reuters.com/world/asia-pacific/venezuela-covid-patients-exhausted-doctors-get-mental-health-help-medical-2022-02-02/ (last visited Aug. 18, 2022).
\16\ Venezuelans rely on the kindness of strangers to pay for
COVID-19 treatment, Reuters, Oct. 4, 2021, https://web.archive.org/web/20211004193653/https:/www.reuters.com/world/americas/venezuelans-rely-kindness-strangers-pay-covid-19-treatment-2021-10-04/ (last visited Aug. 18, 2022).
\17\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations, CRS,
p.11, Apr. 28, 2021, https://sgp.fas.org/crs/row/R44841.pdf; World
Report 2022--Venezuela, Human Rights Watch, Jan. 2022, https://www.hrw.org/world-report/2022/country-chapters/venezuela (last
visited Aug. 18, 2022).
\18\ Human Rights Watch, World Report 2021, Venezuela, https://www.hrw.org/world-report/2021/country-chapters/venezuela (last
visited Aug. 18, 2022).
\19\ World Report 2022--Venezuela, Human Rights Watch, Jan.
2022, https://www.hrw.org/world-report/2022/country-chapters/venezuela (last visited Aug. 18, 2022).
\20\ UNICEF, Humanitarian Action for Children 2022--Venezuela
(Dec. 7, 2021), https://reliefweb.int/report/venezuela-bolivarian-republic/humanitarian-action-children-2022-venezuela (last visited
Aug. 18, 2022).
\21\ Id.
---------------------------------------------------------------------------
Human Rights Watch reports that ``As of October 28 [2021],
Venezuela has confirmed 403,318 cases of COVID-19 and 4,848 deaths.
Given limited availability of reliable testing, lack of government
transparency, and persecution of medical professionals and journalists
who report on the pandemic, the actual numbers are probably much
higher.'' \22\ Reports further indicate that ``Venezuela's COVID-19
vaccination has been marred by corruption allegations and opacity
regarding the acquisition and distribution of vaccines and other
medical supplies.'' \23\ Human Rights Watch reports that ``. . . only
21.6 percent of Venezuelans were fully vaccinated as of that date
[October 27, 2021], according to the Pan American Health Organization,
and 25 to 28 percent of health professionals were still waiting for
their second vaccine shot in August.'' \24\
---------------------------------------------------------------------------
\22\ Human Rights Watch, World Report 2022, Venezuela, https://www.hrw.org/world-report/2022/country-chapters/venezuela (last
visited Aug. 18, 2022).
\23\ Id.
\24\ Id.
---------------------------------------------------------------------------
The political and economic crises also impact respect for human
rights in Venezuela. In a February 2022 report, Amnesty International
noted that ``[c]rimes under international law and human rights
violations, including politically motivated arbitrary detentions,
torture, extrajudicial executions and excessive use of force have been
systematic and widespread, and could constitute crimes against
humanity.'' \25\ Amnesty International further reported that ``trends
of repression in Venezuela have been directed against a specific group
of people: those perceived as dissidents or opponents'' of
Nicol[aacute]s Maduro.\26\ While the ``people belonging to this group
are all different,'' Amnesty International noted that it is
nevertheless ``possible to identify particular groups that have been
especially targeted by the policy of repression, namely students,
political activists, and human rights defenders.'' \27\
---------------------------------------------------------------------------
\25\ Venezuela: Calculated repression: Correlation between
stigmatization and politically motivated arbitrary detentions,
Amnesty International, p.11, Feb. 10, 2022, https://www.amnesty.org/en/documents/amr53/5133/2022/en/ (last visited Aug. 18, 2022).
\26\ Venezuela: Calculated repression: Correlation between
stigmatization and politically motivated arbitrary detentions,
Amnesty International, p.52, Feb. 10, 2022, https://www.amnesty.org/en/documents/amr53/5133/2022/en/ (last visited Aug. 18, 2022).
\27\ Id.
---------------------------------------------------------------------------
It is estimated that ``more than 6 million refugees and migrants
have left Venezuela as a result of the political turmoil, socio-
economic instability, and the ongoing humanitarian crisis.'' \28\ The
New Humanitarian reports that ``The vast majority of the 6 million
Venezuelans who have escaped poverty, insecurity, and economic collapse
. . . have tried to start new lives in South America. But two years
after COVID-19 led governments to close borders and enforce
quarantines, many are discovering that the region is becoming a less
welcoming place.'' \29\
---------------------------------------------------------------------------
\28\ International Organization for Migration, UN Migration,
Venezuelan Refugee and Migrant Crisis, https://www.iom.int/venezuelan-refugee-and-migrant-crisis (last visited Aug. 15, 2022).
\29\ Paula Dupraz-Dobias, The New Humanitarian, Nowhere left to
turn, part 2: In a region hit hard by COVID, the welcome for
Venezuelan migrants wears thin, July 12, 2022, https://www.thenewhumanitarian.org/analysis/2022/07/14/South-America-Venezuelan-migrants-COVID (last visited Aug. 18, 2022).
---------------------------------------------------------------------------
In summary, Venezuela continues to be in a humanitarian emergency.
Venezuela continues to face economic contraction, poverty, high levels
of unemployment, reduced access to and shortages of food and medicine,
a severely weakened medical system, a collapse in basic services,
political polarization, institutional and political tensions, human
rights abuses and repression, crime and violence, corruption, and
increased human mobility and displacement. The continuing extraordinary
and temporary conditions supporting Venezuela's TPS designation remain.
Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
The conditions supporting Venezuela's designation for TPS
continue to be met. See INA section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).
There continue to be extraordinary and temporary
conditions in Venezuela that prevent Venezuelan nationals (or
individuals having no nationality who last habitually resided in
Venezuela) from returning to Venezuela in safety, and it is not
contrary to the national interest of the United States to permit
Venezuelan TPS beneficiaries to remain in the United States
temporarily. See INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The designation of Venezuela for TPS should be extended
for an 18-month period, from September 10, 2022, through March 10,
2024. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
[[Page 55028]]
Notice of the Extension of the TPS Designation of Venezuela
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting Venezuela's designation for TPS on the basis of
extraordinary and temporary conditions continue to be met. See INA
section INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). On the basis
of this determination, I am extending the existing designation of TPS
for Venezuela for 18 months, from September 10, 2022, through March 10,
2024. See INA section 244(b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(C),
and (b)(2).
Alejandro N. Mayorkas
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Re-Register for TPS
To re-register for TPS based on the designation of Venezuela, you
must submit an Application for Temporary Protected Status (Form I-821).
There is no Form I-821 fee for re-registration. See 8 CFR 244.17. You
may be required to pay the biometric services fee. If you can
demonstrate an inability to pay the biometric services fee, you may
request to have the fee waived. Please see additional information under
the ``Biometric Services Fee'' section of this notice.
Through this Federal Register notice, your existing EAD issued
under the TPS designation of Venezuela with the expiration date of
September 9, 2022, is automatically extended through September 9, 2023.
Although not required to do so, if you want to obtain a new EAD valid
through March 10, 2024, you must file an Application for Employment
Authorization (Form I-765) and pay the Form I-765 fee (or request a fee
waiver, which you may submit on Form I-912, Request for Fee Waiver). If
you do not want a new EAD, you do not have to file Form I-765 and pay
the Form I-765 fee. If you do not want to request a new EAD now, you
may file Form I-765 at a later date and pay the fee (or request a fee
waiver) at that time, provided that you still have TPS or a pending TPS
application.
If you have a Form I-821 and/or Form I-765 that was still pending
as of September 8, 2022, then you do not need to file either
application again. If USCIS approves your pending TPS application,
USCIS will grant you TPS through March 10, 2024. Similarly, if USCIS
approves your pending TPS-related Form I-765, it will be valid through
the same date.
You may file the application for a new EAD either prior to or after
your current EAD has expired. However, you are strongly encouraged to
file your application for a new EAD as early as possible to avoid gaps
in the validity of your employment authorization documentation.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at www.uscis.gov/tps. Fees for the
Form I-821, the Form I-765, and biometric services are also described
in 8 CFR 103.7(b)(1)(i).
Refiling a TPS Re-Registration Application After Receiving a Denial of
a Fee Waiver Request
You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue
your EAD promptly. Properly filing early will also allow you to have
time to refile your application before the deadline, should USCIS deny
your fee waiver request. If, however, you receive a denial of your fee
waiver request and are unable to refile by the re-registration
deadline, you may still refile your Form I-821 with the biometrics fee.
USCIS will review this situation to determine whether you established
good cause for late TPS re-registration. However, you are urged to
refile within 45 days of the date on any USCIS fee waiver denial
notice, if possible. See INA section 244(c)(3)(C); 8 U.S.C.
1254a(c)(3)(C); 8 CFR 244.17(b). For more information on good cause for
late re-registration, visit the USCIS TPS web page at www.uscis.gov/tps. Following denial of your fee waiver request, you may also refile
your Form I-765 with fee either with your Form I-821 or at a later
time, if you choose.
Note: A re-registering TPS beneficiary age 14 and older must pay
the biometric services fee (but not the Form I-821 fee), or request a
fee waiver, when filing a TPS re-registration application. However, if
you decide to wait to request an EAD, you do not have to file the Form
I-765 or pay the associated Form I-765 fee (or request a fee waiver) at
the time of re-registration. You may wait to seek an EAD until after
USCIS has approved your TPS re-registration application or at any later
date you decide you want to request an EAD. To re-register for TPS, you
only need to file the Form I-821 with the biometrics services fee, if
applicable, (or request a fee waiver).
Filing Information
USCIS offers the option to re-registrants for TPS under the
extension of Venezuela's designation to file Form I-821 and related
requests for EADs online or by mail. When filing a TPS application,
applicants can also request an EAD by submitting a completed Form I-
765, Request for Employment Authorization, with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing online.\30\ To file these forms online, you must first create a
USCIS online account.\31\
---------------------------------------------------------------------------
\30\ Find information about online filing at ``Forms Available
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
\31\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------
Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Form I-821, Application for Temporary Protected
Status; Form I-765, Application for Employment Authorization; Form I-
912, Request for Fee Waiver (if applicable); and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are a beneficiary re-registering under the TPS U.S. Postal Service
designation for Venezuela and you live in Florida. (USPS): USCIS,
Attn: TPS
Venezuela, P.O. Box
20300, Phoenix, AZ
85036-0300.
FedEx, UPS, and DHL
deliveries: USCIS,
Attn: TPS Venezuela
(Box 20300), 1820 E
Skyharbor Circle S,
Suite 100, Phoenix,
AZ 85034-4850.
You are a beneficiary re-registering under the TPS U.S. Postal Service
designation for Venezuela and you live in any (USPS): USCIS,
other state. Attn: TPS
Venezuela, P.O. Box
805282, Chicago, IL
60680-5285.
FedEx, UPS, and DHL
deliveries: USCIS,
Attn: TPS Venezuela
(Box 805282), 131
South Dearborn--3rd
Floor, Chicago, IL
60603-5517.
------------------------------------------------------------------------
[[Page 55029]]
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, please
mail your Form I-765 application to the appropriate mailing address in
Table 1. When you are requesting an EAD based on an IJ/BIA grant of
TPS, please include a copy of the IJ or BIA order granting you TPS with
your application. This will help us verify your grant of TPS and
process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying
(that is, registering) for TPS on the USCIS website at uscis.gov/tps
under ``Venezuela.''
Travel
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. You must file for travel
authorization if you wish to travel outside of the United States. If
granted, travel authorization gives you permission to leave the United
States and return during a specific period. To request travel
authorization, you must file Form I-131, Application for Travel
Document, available at www.uscis.gov/i-131. You may file Form I-131
together with your Form I-821 or separately. When filing the Form I-
131, you must:
Select Item Number 1.d. in Part 2 on the Form I-131; and
Submit the fee for the Form I-131, or request a fee
waiver, which you may submit on Form I-912, Request for Fee Waiver.
If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1. If you are filing Form I-131
separately based on a pending or approved Form I-821, send your form to
the address listed in Table 2 and include a copy of Form I-797 for the
approved or pending Form I-821.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with a Form The address provided in Table
I-821, Application for Temporary 1.
Protected Status.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, P.O.
approved Form I-821, and you are using Box 660167, Dallas, TX 75266-
the U.S. Postal Service (USPS): 0867.
You must include a copy of the receipt
notice (Form I-797C) showing we
accepted or approved your Form I-821.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, 2501 S
approved Form I-821, and you are using State Hwy. 121 Business, Ste.
FedEx, UPS, or DHL: 400, Lewisville, TX 75067.
You must include a copy of the receipt
notice (Form I-797C) showing we
accepted or approved your Form I-821.
------------------------------------------------------------------------
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay the
biometric services fee, you may request a fee waiver, which you may
submit on Form I-912, Request for Fee Waiver. For more information on
the application forms and fees for TPS, please visit the USCIS TPS web
page at www.uscis.gov/tps. If necessary, you may be required to visit
an Application Support Center to have your biometrics captured. For
additional information on the USCIS biometrics screening process,
please see the USCIS Customer Profile Management Service Privacy Impact
Assessment, available at www.dhs.gov/privacy.
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at uscis.gov, or visit the USCIS Contact Center at uscis.gov/contactcenter. If your Form I-765 has been pending for more than 90
days, and you still need assistance, you may ask a question about your
case online at egov.uscis.gov/e-request/Intro.do or call the USCIS
Contact Center at 800-375-5283 (TTY 800-767-1833).
Am I eligible to receive an automatic extension of my current EAD
through September 9, 2023, using this Federal Register notice?
Yes. Regardless of your country of birth, provided that you
currently have a Venezuela TPS-based EAD that has the notation A-12 or
C-19 under Category and a ``Card Expires'' date of September 9, 2022,
this Federal Register notice automatically extends your EAD through
September 9, 2023. Although this Federal Register notice automatically
extends your EAD through September 9, 2023, you must re-register timely
for TPS in accordance with the procedures described in this Federal
Register notice to maintain your TPS and employment authorization.
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on the Form I-9,
Employment Eligibility Verification, as well as the Acceptable
Documents web page at uscis.gov/i-9-central/acceptable-documents.
Employers must complete Form I-9 to verify the identity and employment
authorization of all new employees. Within three days of hire,
employees must present acceptable documents to their employers as
evidence of identity and employment authorization to satisfy Form I-9
requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt as described
in the Form I-9 Instructions. Employers may not reject a document based
on a future expiration date. You can find additional information about
Form I-9 on the I-9 Central web page at uscis.gov/I-9Central. An EAD is
an acceptable document under List A. See the section ``How do my
employer and I complete Form I-9 using my automatically extended EAD
for a new job?'' of this Federal Register notice for further
information. If your EAD states A-12 or C-19 under Category and has a
Card Expires date of September 9, 2022, it has been extended
[[Page 55030]]
automatically by virtue of this Federal Register notice and you may
choose to present your EAD to your employer as proof of identity and
employment eligibility for Form I-9 through September 9, 2023, unless
your TPS has been withdrawn or your request for TPS has been denied.
Your country of birth notated on the EAD does not have to reflect the
TPS designated country of Venezuela for you to be eligible for this
extension.
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 we have automatically extended your EAD, 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 USCIS has automatically
extended your EAD through September 9, 2023, but you are not required
to do so. The last day of the automatic EAD extension is September 9,
2023. Before you start work on September 10, 2023, your employer is
required by law to reverify your employment authorization on 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.
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, regardless of whether you have an EAD or work authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through March 10, 2024, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation such as
evidence of my status or proof of my Venezuelan citizenship or a Form
I-797C showing that I registered or re-registered for TPS for Form I-9
completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C receipt.
Employers need not reverify List B identity documents. Employers may
not request proof of Venezuelan citizenship or proof of registration or
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 USCIS has automatically extended, employers should
accept it as a valid List A document so long as the EAD reasonably
appears to be genuine and to relate to you. Refer to the ``Note to
Employees'' section of this Federal Register notice for important
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin.
How do my employer and I complete Form I-9 using my automatically
extended EAD for a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job before September 10, 2023:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter September
9, 2023, 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 the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a ``Card Expires'' date of September 9,
2022;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write September 9, 2023, as the expiration date.
Before the start of work on September 10, 2023, employers must
reverify the employee's employment authorization on Form I-9.
What updates should my current employer make to Form I-9 if my EAD has
been automatically extended?
If you presented a TPS-related EAD that was valid when you first
started your job and USCIS has now automatically extended your EAD,
your employer may need to re-inspect your current EAD if they do not
have a copy of the EAD on file. Your employer should determine if your
EAD is automatically extended by ensuring that it contains Category A-
12 or C-19 on the front of the card and has a ``Card Expires'' date of
September 9, 2022. The employer may not rely on the country of birth
listed on the card to determine whether you are eligible for this
extension.
If your employer determines that USCIS has automatically extended
your EAD, your employer should update Section 2 of your previously
completed Form I-9 as follows:
1. Write EAD EXT and September 9, 2023, as the last day of the
automatic extension in the Additional Information field; and
2. Initial and date the correction.
Note: This is not considered a reverification. Employers do not
reverify the employee until either the one-year automatic extension has
ended, or the employee presents a new document to show continued
employment authorization, whichever is sooner. By September 10, 2023,
when the employee's automatically extended EAD has expired, employers
are required by law to reverify the employee's employment authorization
on Form I-9.
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee by
entering the number from the Document Number field on Form I-9 into the
document number field in E-Verify. Employers should enter September 9,
2023, as the expiration date for an EAD that has been extended under
this Federal Register notice.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?
E-Verify automated the verification process for TPS-related EADs
that are automatically extended. If you have employees who provided a
TPS-related
[[Page 55031]]
EAD when they first started working for you, you will receive a ``Work
Authorization Documents Expiring'' case alert when the auto-extension
period for this EAD is about to expire. Before this employee starts
work on September 10, 2023, you must reverify their employment
authorization on Form I-9. Employers may not use E-Verify for
reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. USCIS accepts calls and emails in English and
many other languages. For questions about avoiding discrimination
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil
Rights Division, Immigrant and Employee Rights Section (IER) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
[email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at [email protected]. USCIS accepts calls in
English, Spanish and many other languages. Employees or job applicants
may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515)
for information regarding employment discrimination based on
citizenship, immigration status, or national origin, including
discrimination related to Form I-9 and E-Verify. The IER Worker Hotline
provides language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 Instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from Form I-9 differs from records
available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
confirm an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at justice.gov/ierandtheUSCISandE-Verifywebsitesatuscis.gov/i-9-central and e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, TPS beneficiaries presenting an automatically
extended EAD referenced in this Federal Register notice do not need to
show any other document, such as an I-797C Notice of Action or this
Federal Register notice, to prove that they qualify for this extension.
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, or may be used by DHS to determine if you have TPS or another
immigration status. Examples of such documents are:
Your current EAD with a TPS category code of A12 or C19,
even if your country of birth noted on the EAD does not reflect the TPS
designated country of Venezuela;
Your Form I-94, Arrival/Departure Record;
Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
Form I-797, Notice of Action, reflecting approval or
receipt of a past or current Form I-821.
Check with the government agency regarding which document(s) the
agency will accept. Some benefit-granting agencies use the SAVE program
to confirm the current immigration status of applicants for public
benefits.
While SAVE can verify when an individual has TPS, each agency's
procedures govern whether they will accept an unexpired EAD, Form I-
797, or Form I-94, Arrival/Departure Record. If an agency accepts the
type of TPS-related document you are presenting, such as an EAD, the
agency should accept your automatically extended EAD, regardless of the
country of birth listed on the EAD. It may assist the agency if you:
a. Present the agency with a copy of the relevant Federal Register
notice showing the extension of your EAD in addition to your recent
TPS-related document with your A-Number, or USCIS number;
b. Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
c. Ask the agency to initiate a SAVE query with your information
and follow through with additional verification steps, if necessary, to
get a final SAVE response verifying your TPS.
You can also ask the agency to look for SAVE notices or contact
SAVE if they have any questions about your immigration status or
automatic extension of TPS-related documentation. In most cases, SAVE
provides an automated electronic response to benefit-granting agencies
within seconds, but occasionally verification can be delayed. You can
check the status of your SAVE verification by using CaseCheck at
save.uscis.gov/casecheck/. CaseCheck is a free service that lets you
follow the progress of your SAVE verification case using your date of
birth and one immigration identifier number (A-Number, USCIS number, or
Form I-94 number) or Verification Case Number. If an agency has denied
your application based solely or in part on a SAVE
[[Page 55032]]
response, the agency must offer you the opportunity to appeal the
decision in accordance with the agency's procedures. If the agency has
received and acted on or will act on a SAVE verification and you do not
believe the SAVE response is correct, the SAVE website, www.uscis.gov/save, has detailed information on how to make corrections or update
your immigration record, make an appointment, or submit a written
request to correct records.
[FR Doc. 2022-19527 Filed 9-7-22; 8:45 am]
BILLING CODE 9111-97-P
