Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal, 68717-68725 [2022-24984]

Download as PDF Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices The Council will meet in a closed session from 10:15 a.m. to 10:45 a.m. EST to participate in a sensitive discussion with DHS Senior Leadership regarding DHS operations. Basis for Partial Closure: In accordance with Section 10(d) of FACA, the Secretary of Homeland Security has determined this meeting must be closed during this session as the disclosure of information relayed would be detrimental to the public interest for the following reasons: The Council will participate in a sensitive operational discussion containing For Official Use Only and Law Enforcement Sensitive information. This discussion will include information regarding threats facing the United States and how DHS plans to address those threats. The session is closed pursuant to 5 U.S.C. 552b(c)(9)(B) because the disclosure of this information could significantly frustrate implementation of proposed agency actions. Dated: November 9, 2022. Michael J. Miron, Committee Management Officer, Department of Homeland Security. [FR Doc. 2022–24873 Filed 11–15–22; 8:45 am] BILLING CODE 9112–FN–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services RIN 1615–ZB83 Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Notice of continuation of Temporary Protected Status and related documentation for certain TPS beneficiaries. AGENCY: Through this notice, the U.S. Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction order of the U.S. District Court for the Northern District of California in Ramos, et al. v. Nielsen, et al., No. 18–cv–01554 (N.D. Cal. October 3, 2018) (‘‘Ramos’’) and with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen, khammond on DSKJM1Z7X2PROD with NOTICES VerDate Sep<11>2014 17:27 Nov 15, 2022 Jkt 259001 DHS is automatically extending the validity of certain TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through June 30, 2024, from the current expiration date of December 31, 2022. DATES: [CIS No. 2728–22; DHS Docket No. USCIS– 2019–0020] SUMMARY: No. 19–cv–00731 (N.D. Cal. March 12, 2019) (‘‘Bhattarai’’). Beneficiaries under the existing Temporary Protected Status (TPS) designations for El Salvador, Nicaragua, Honduras, and Nepal, the 2011 designation of Haiti, and the 2013 designation of Sudan will retain their TPS while the preliminary injunction in Ramos and the Bhattarai orders remain in effect, provided that their TPS is not withdrawn because of individual ineligibility. They may also apply under the more recent designations of Haiti and Sudan in 2021 and 2022, respectively, and if granted, will retain TPS in accordance with their grants regardless of any potential end to the Ramos injunction. Other individuals who have been newly granted TPS under the 2021 designation of Haiti and the 2022 designation of Sudan, but who did not have TPS at the time of those designations, are not covered by this litigation compliance notice. Their TPS grants remain valid in accordance with their individual notices of approval from USCIS. This notice further provides information on the automatic extension of the validity of TPS-related Employment Authorization Documents (EADs); Notices of Action (Forms I– 797); and Arrival/Departure Records (Forms I–94), (collectively ‘‘TPS-related documentation’’) for those beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. 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, please visit the USCIS TPS web page at https://www.uscis.gov/tps. If you have additional questions about TPS, please visit https://uscis.gov/tools. Our online virtual assistant, Emma, can answer many of your questions and point you to additional information on our website. If you are unable to find your answers there, you may also call our U.S. Citizenship and Immigration Services (USCIS) Contact Center at 800– 375–5283 (TTY 800–767–1833). FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 68717 Applicants seeking information about the status of their individual cases may check Case Status Online, available on the USCIS website at https:// www.uscis.gov, or visit the USCIS Contact Center at https://uscis.gov/ contactcenter. Further information will also be available at local USCIS offices upon publication of this notice. SUPPLEMENTARY INFORMATION: Table of Abbreviations BIA—Board of Immigration Appeals CFR—Code of Federal Regulations DHS—U.S. Department of Homeland Security EAD—Employment Authorization Document EOIR—Executive Office for Immigration Review FNC—Final Nonconfirmation Form I–765—Application for Employment Authorization Form I–797—Notice of Action (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 TPS—Temporary Protected Status TTY—Text Telephone USCIS—U.S. Citizenship and Immigration Services U.S.C.—United States Code Background on TPS • TPS is a temporary immigration status granted to eligible nationals of a foreign state designated for TPS under the Immigration and Nationality Act (INA) or to eligible persons 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 as long as they continue to have 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 discretion. • To qualify for TPS, beneficiaries must meet the eligibility standards at E:\FR\FM\16NON1.SGM 16NON1 68718 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices 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 been terminated); or Æ Any other lawfully obtained immigration status or category they received while registered for TPS, as long as it is still valid on the date TPS terminates. khammond on DSKJM1Z7X2PROD with NOTICES Purpose of This Action This notice ensures DHS’s continued compliance with various court orders issued by the federal district courts in the Ramos and Bhattarai lawsuits that require DHS to maintain the TPS designations for El Salvador, Haiti, Sudan, Nicaragua, Honduras, and Nepal, as well as the TPS and TPSrelated documentation for eligible affected beneficiaries.1 The U.S. Court of Appeals for the Ninth Circuit vacated the district court’s preliminary injunction in Ramos on September 14, 2020, holding that the decision to designate, extend, or terminate TPS is not subject to judicial review. However, the appellate order is not currently effective because the Ninth Circuit has not issued any directive to carry out the order to the federal district court.2 Therefore, the Ramos preliminary injunction remains in effect. In addition, the order of the district court in Bhattarai staying proceedings and approving the parties’ stipulated 1 See Ramos, et al. v. Nielsen, et al., No. 18–cv– 01554 (N.D. Cal. Oct. 3, 2018) (district court granted preliminary injunction against terminations of TPS for El Salvador, Haiti, Sudan, and Nicaragua) (‘‘Ramos’’); and Bhattarai, et al. v. Nielsen, et al., No. 19–cv–00731 (N.D. Cal. March 12, 2019) (district court stayed proceedings until Ramos appeal decided and approved parties’ stipulation for continued TPS and issuance of TPS-related documentation to eligible, affected beneficiaries of TPS for Honduras and Nepal during the stay and pendency of the appeal) (‘‘Bhattarai’’). In 2019, the federal district court for the Eastern District of New York had also enjoined the termination of the 2011 TPS designation for Haiti in Saget, et al., v. Trump, et al., No. 18–cv–1599 (E.D.N.Y. April 11, 2019) (‘‘Saget’’), and DHS had cited to that order in previous notices continuing the affected beneficiaries’ TPS and documentation. See, e.g., 86 FR 50725, 50726 (Sept. 10, 2021). However, the Saget case was dismissed upon the court’s approval of the parties’ joint Stipulation of Dismissal for mootness following the Secretary’s new 18-month designation of Haiti for TPS on Aug. 3, 2021, and DHS’ continuation of existing beneficiaries’ TPS and related documentation under the Ramos injunction through Dec. 31, 2022. See id., Order approving Stipulation of Dismissal, dated Oct. 15, 2021. 2 See Ramos, et al., v. Wolf, et al., No. 18–16981 (9th Cir., Sept. 14, 2020). VerDate Sep<11>2014 17:27 Nov 15, 2022 Jkt 259001 agreement to continue TPS and TPSrelated documentation for eligible beneficiaries from Nepal and Honduras remains in effect. Affected TPS beneficiaries from the six countries will retain their status, provided they continue to meet all the individual requirements for TPS eligibility described in INA section 244(c) and 8 CFR 244. As necessary, DHS will publish future information in the Federal Register to ensure its compliance with any relevant court orders that may be issued after the date of this notice. DHS initially published notices to ensure its compliance with the Ramos preliminary injunction on October 31, 2018 and March 1, 2019, and the Bhattarai order to stay proceedings on May 10, 2019. See 83 FR 54764; 84 FR 7103; and 84 FR 20647. The Department later published a notice to ensure its continued compliance with the combined orders in Ramos, Bhattarai, and Saget 3 on November 4, 2019. That notice automatically extended certain TPS and TPS-related documentation through January 4, 2021 for all eligible TPS beneficiaries covered by the courts’ orders. See 84 FR 59403. The Department last published a notice to ensure its continued compliance with these combined court orders on September 10, 2021. That notice again automatically extended certain TPS and TPS-related documentation through December 31, 2022 for all eligible TPS beneficiaries covered by the courts’ orders. See 86 FR 50725. Through this Federal Register notice, DHS announces actions to ensure its continued compliance with the district court orders in Ramos and Bhattarai while those orders remain in effect. The TPS designations for El Salvador and Nicaragua, and the 2011 designation of Haiti and the 2013 designation of Sudan will remain in effect, as required by the Ramos district court order, so long as the preliminary injunction remains in effect. The TPS designations for Honduras and Nepal will remain in effect so long as the Bhattarai order staying proceedings and approving the parties’ stipulated agreements continues in effect. Affected TPS beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal will retain their TPS and their TPSrelated documentation will continue to be valid in accordance with the specific orders that affect the TPS designations 3 As noted, on Oct. 15, 2021, the parties in Saget v. Trump, entered into a Stipulation of Dismissal as the case was rendered moot due to the Aug. 3, 2021, FRN implementing the new Haiti designation. See 86 FR 41863. PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 regarding their individual countries, provided that the affected beneficiaries continue to meet all the individual requirements for TPS. See INA section 244(c)(3). See also 8 CFR 244.14. DHS will not terminate TPS for any of the affected countries pending final disposition of the Ramos appeal, including through any additional appellate channels in which relief may be sought, or by other orders of the court. Following consideration of current country conditions, the Secretary has newly designated Haiti and Sudan for TPS for 18 months, allowing eligible individuals covered by the Ramos and Saget injunctions as well as other eligible individuals to register for and maintain TPS through February 3, 2023 and October 19, 2023, respectively. On August 3, 2021, DHS issued a Federal Register Notice implementing the new designation of Haiti for TPS, and on April 19, 2022, DHS issued a Federal Register Notice implementing the new designation of Sudan for TPS. In order to secure TPS pursuant to the new Haiti and Sudan designations, eligible individuals must apply before the close of the registration periods on February 3, 2023 and October 19, 2023, respectively. Eligible individuals are strongly encouraged to apply at the earliest practicable date, to ensure that their TPS continues without any gaps in the event that the Ramos and Bhattarai court orders cease to be effective. See Designation of Haiti for Temporary Protected Status, 86 FR 41863 (August 3, 2021) and Designation of Sudan for Temporary Protected Status, 87 FR 23202 (April 19, 2022). DHS is further announcing it is automatically extending, through June 30, 2024, the validity of certain TPSrelated documentation, as specified in this notice, for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal provided that the affected beneficiaries remain individually eligible for TPS. Automatic Extension of EADs Issued Under the TPS Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal Through this Federal Register notice, DHS automatically extends the validity of EADs listed in Table 1 below issued to beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. Such beneficiaries may show their EADs to employers to demonstrate they have employment authorization and may choose also to show employers this Federal Register notice to explain that their TPS-Related Documentation E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices has been automatically extended through June 30, 2024. This notice explains how TPS beneficiaries, their employers, and benefit-granting agencies may determine which EADs are automatically extended and how this affects the Form I–9, Employment Eligibility Verification; E-Verify; and USCIS Systematic Alien Verification for Entitlements (SAVE) processes. Additionally, a beneficiary under the TPS designation for any of these countries who has applied for a new EAD but who has not yet received their new EAD is covered by this automatic extension, provided that the EAD he or she possesses contains one of the expiration dates listed in Table 1 below. TABLE 1—AFFECTED EADS If an EAD has a category code of A–12 or C–19 and an expiration date of: Then the validity of the EAD is extended through: 07/22/2017 ...................... 11/02/2017 ...................... 01/05/2018 ...................... 06/30/2024 06/30/2024 06/30/2024 TABLE 1—AFFECTED EADS— Continued If an EAD has a category code of A–12 or C–19 and an expiration date of: 01/22/2018 03/09/2018 06/24/2018 07/05/2018 11/02/2018 01/05/2019 04/02/2019 06/24/2019 07/22/2019 09/09/2019 01/02/2020 01/05/2020 03/24/2020 01/04/2021 10/04/2021 12/31/2022 Then the validity of the EAD is extended through: ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 Automatic Extension of Forms I–94 and Forms I–797 68719 validity periods of the Forms I–94 and Forms I–797 listed in Table 2 below previously issued to beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. These extensions apply only if the TPS beneficiary properly filed for reregistration during either the most recent DHS-announced registration period for their country,4 or any applicable previous DHS-announced reregistration periods for the beneficiary’s country,5 or has a re-registration application that remains pending. This notice does not extend the validity periods of Forms I–94 or Forms I–797 for any TPS beneficiary who failed to file for TPS re-registration during one of the applicable previous DHS-announced re-registration periods, or for whom a reregistration request has been denied. In addition, the extensions do not apply for any beneficiary from whom TPS has been withdrawn. Also through this Federal Register notice, DHS automatically extends the TABLE 2—AFFECTED FORMS I–94 AND I–797 6 Country El Salvador ........................................................ Haiti ................................................................... Honduras ........................................................... Nepal ................................................................. Nicaragua .......................................................... khammond on DSKJM1Z7X2PROD with NOTICES Sudan ................................................................ End date of validity: Sept. 10, 2016 .................................................. March 10, 2018 ................................................ Sept. 10, 2019 .................................................. Oct. 5, 2021 ...................................................... Jan. 23, 2016 ................................................... July 23, 2017 .................................................... Jan. 23, 2018 ................................................... July 23, 2019 .................................................... Oct. 5, 2021 ...................................................... July 6, 2016 ...................................................... Jan. 6, 2018 ..................................................... July 6, 2018 ...................................................... Jan. 6, 2020 ..................................................... Oct. 5, 2021 ...................................................... Dec. 25, 2016 ................................................... June 25, 2018 .................................................. June 25, 2019 .................................................. Oct. 5, 2021 ...................................................... July 6, 2016 ...................................................... Jan. 6, 2018 ..................................................... Jan. 6, 2019 ..................................................... Oct. 5, 2021 ...................................................... May 3, 2016 ..................................................... Nov. 3, 2017 ..................................................... Nov. 3, 2018 ..................................................... Oct. 5, 2021 ...................................................... March 9, 2018 .................................................. Sept. 9, 2019 .................................................... Oct. 4, 2021 ...................................................... Dec. 31, 2022 ................................................... July 22, 2017 .................................................... Jan. 22, 2018 ................................................... July 22, 2019 .................................................... Oct. 4, 2021 ...................................................... Dec. 31, 2022 ................................................... Jan. 5, 2018 ..................................................... July 5, 2018 ...................................................... Jan. 5, 2020 ..................................................... Oct. 4, 2021 ...................................................... Dec. 31, 2022 ................................................... June 24, 2018 .................................................. June 24, 2019 .................................................. Oct. 4, 2021 ...................................................... Dec. 31, 2022 ................................................... Jan. 5, 2018 ..................................................... Jan. 5, 2019 ..................................................... Oct. 4, 2021 ...................................................... Dec. 31, 2022 ................................................... Nov. 2, 2017 ..................................................... Nov. 2, 2018 ..................................................... Oct. 4, 2021 ...................................................... Dec. 31, 2022 ................................................... 4 DHS issued a new designation period for Haiti TPS on Aug. 3, 2021 and Sudan TPS on Apr. 19, 2022. The registration periods end on Feb. 3, 2023 and Oct. 19, 2023, respectively. 5 El Salvador: July 8–Sept. 6, 2016, or Jan. 18– March 19, 2018; Haiti: Aug. 25–Oct. 26, 2015, May 24–July 24, 2017, or Jan. 18–March 19, 2018; VerDate Sep<11>2014 17:27 Nov 15, 2022 Jkt 259001 Validity of Forms I–94 and I–797 extended through: Beginning date of validity: Honduras: May 16–July 16, 2016; Dec. 15, 2017– Feb. 13, 2018 or June 5–Aug. 6, 2018; Nepal: Oct. 26–Dec. 27, 2016 or May 22–July 23, 2018; Nicaragua: May 16–July 15, 2016 or Dec. 15, 2017–Feb. 13, 2018; Sudan: Jan. 25–March 25, 2016 or Oct. 11, 2017– Dec. 11, 2017. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 6 Your Forms I–94 and I–797 may show a different beginning date of validity than those listed here if you were a late initial filer (LIF) at the time because the forms would have the date of approval of your LIF application for TPS. As long as they bear an end date of validity listed in this chart, then they are automatically extended by this Notice. E:\FR\FM\16NON1.SGM 16NON1 68720 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices Application Procedures khammond on DSKJM1Z7X2PROD with NOTICES Current beneficiaries covered by the court orders that continue the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan do not need to pay a fee or file any application, including Application for Employment Authorization (Form I– 765), to maintain their TPS benefits through June 30, 2024 under this notice, provided that they have properly reregistered for TPS during either the most recent DHS-announced registration period for their country,7 or any applicable previous re-registration period described in Footnote 5. In the case of TPS beneficiaries under the prior Haiti and Sudan designations, reregistering under the applicable previous re-registration period in Footnote 5 is sufficient to qualify for the extension in this notice. Although there is no need to pay a fee or file an application to qualify for this extension, in order to secure TPS pursuant to the new Haiti or Sudan designations, eligible individuals must apply before the close of the registration period on February 3, 2023 under the new Haiti designation and October 19, 2023 under the new Sudan designation. Eligible individuals for the new TPS Haiti or Sudan designations are strongly encouraged to apply at the earliest practicable date, to ensure that their TPS continues beyond the court-ordered extensions and without any gaps in status. TPS beneficiaries who have failed to re-register properly for TPS during any of these re-registration periods may still file an Application for Temporary Protected Status (Form I–821) but must demonstrate ‘‘good cause’’ for failing to re-register on time, as required by law. See INA section 244(c)(3)(C) (TPS beneficiary’s failure to register without good cause in form and manner specified by DHS is a ground for TPS withdrawal); 8 CFR 244.17(b) and Form I–821 instructions.8 Any currently eligible beneficiary who does not presently have a pending 7 DHS issued a new designation period for Haiti TPS on Aug. 3, 2021 and Sudan TPS on Apr. 19, 2022. The registration periods end on Feb. 3, 2023 and Oct. 19, 2023, respectively. 8 An applicant for TPS Haiti who applies under the procedures announced in the Notice regarding the new TPS designation of Haiti at 86 FR 41863 (Aug. 3, 2021) is an initial applicant and does not have to demonstrate ‘‘good cause’’ for failing to reregister under prior TPS Haiti designations. Similarly, an applicant for TPS Sudan who applies under the procedures announced in the Notice regarding the new TPS designation of Sudan at 87 FR 23202 (April 19, 2022) is an initial applicant and does not have to demonstrate ‘‘good cause’’ for failing to re-register under prior TPS Sudan designations. VerDate Sep<11>2014 17:27 Nov 15, 2022 Jkt 259001 EAD application under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras or Nepal may file Form I–765 with the appropriate fee or a fee waiver request in order to obtain a new EAD with a printed expiration date of June 30, 2024. However, applicants under the Haiti 2021 and Sudan 2022 new TPS designations may also file Form I–821 for TPS and, if eligible, receive an EAD with a printed expiration date that correlates with those new designations. Possible Future Actions In order to comply with statutory requirements for TPS while the district courts’ orders or any superseding court orders concerning the beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal remain in effect, DHS may require these beneficiaries to re-register and will announce the reregistration procedures in a future Federal Register notice. DHS has the authority to conduct TPS re-registration in accordance with INA section 244(c)(3)(C) and 8 CFR 244.17. Through the re-registration process, which is generally conducted every 12 to 18 months while a foreign state is designated for TPS, USCIS determines whether each TPS beneficiary is continuing to maintain individual eligibility for TPS, including but not limited to, the requirements related to disqualifying criminal or security issues. See id.; INA section 244(c)(2); 8 CFR 244.2, 244.3, and 244.4 (describing individual TPS eligibility requirements, including mandatory criminal and security bars). The Secretary has already newly designated Haiti for TPS for 18 months through February 3, 2023. See 86 FR 41863. Eligible Haitian nationals (and individuals having no nationality who last habitually resided in Haiti) who wish to receive or continue their existing TPS through that date are encouraged to submit their applications for TPS by following the instructions in the Federal Register notice, Designation of Haiti for Temporary Protected Status, at 86 FR 41863. Failure to submit an application under the new designation of Haiti, however, does not affect the continuation of the validity of TPS and TPS documents through June 30, 2024 as described in this notice. Similarly, the Secretary has already newly designated Sudan for TPS for 18 months through October 19, 2023. See 87 FR 23202. Eligible Sudanese nationals (and individuals having no nationality who last habitually resided in Sudan) who wish to receive or continue their existing TPS through that PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 date are encouraged to submit their applications for TPS by following the instructions in the Federal Register notice, Designation of Sudan for Temporary Protected Status, at 87 FR 23202. Failure to submit an application under the new designation of Sudan, however, does not affect the continuation of the validity of TPS and TPS documents through June 30, 2024 as described in this notice. The Government appealed both the Ramos and Saget preliminary injunctions. A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled for the Government and vacated the Ramos preliminary injunction on September 14, 2020. However the preliminary injunction remains in effect because the appellate court has not issued its directive (i.e., the mandate) to the district court to implement the panel’s decision. The plaintiffs have filed a request for a hearing en banc which is pending. The Saget case was dismissed as a result of the new TPS designation for Haiti on October 15, 2021.9 Should the Government ultimately prevail in its challenge to the Ramos preliminary injunction and absent any further change with respect to TPS designations for El Salvador, Nicaragua, Honduras, or Nepal, the Secretary’s determination to terminate TPS for any of those countries will take effect no earlier than 365 days from the issuance of any appellate mandate to the district court or upon the expiration of this Federal Register notice’s extension of TPS-related documents on June 30, 2024, whichever is later.10 9 Order Approving Stipulation of Dismissal, dated Oct. 15, 2021 in Saget (cited previously). 10 The most recent litigation compliance Federal Register notice stated that, absent any further change in the TPS designation of El Salvador, the termination of the TPS designation for El Salvador would go into effect no earlier than 365 days after the issuance of any appellate court mandate. Absent any change in the TPS designations of Nicaragua, Honduras, Sudan, or Nepal, that notice further provided that such terminations would go into effect no earlier than 120 days after issuance of the appellate mandate. The notice also provided that, should the government move to vacate the Bhattarai order to stay proceedings in light of an appellate decision affirming the preliminary injunction in Ramos that suggests a basis on which to distinguish the determinations to terminate the TPS designations for Honduras and Nepal from the TPS terminations at issue in Ramos, TPS would remain in effect for Honduras and Nepal for at least 180 days following an order of the district court vacating the stay in proceedings. See 86 FR 50725, 50729 (Sept. 10, 2021). DHS has since determined that absent any further action with respect to TPS for Nicaragua, Honduras, or Nepal, it is appropriate to apply the same minimum post-mandate 365-day effective date provision to the terminations of the existing designations for those countries as for El Salvador. This decision remains consistent with the parties’ court-approved stipulations for implementing the current district court orders in E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices The Secretary has announced new 18month designations of Haiti and Sudan for TPS, which continue through February 3, 2023 and October 19, 2023, respectively. Application procedures for TPS under the new Haiti and Sudan designations, including for individuals who currently have TPS pursuant to the court orders, are provided in the notices published at 86 FR 41863 and 87 FR 23202. Additional Notes Nothing in this notice affects DHS’s ongoing authority to determine on a case-by-case basis whether a TPS beneficiary continues to meet the eligibility requirements for TPS described in INA section 244(c) and the implementing regulations in part 244 of Title 8 of the Code of Federal Regulations. Notice of Compliance With the ‘‘Order Enjoining the Implementation and Enforcement of Determinations To Terminate the TPS Designations for El Salvador, Haiti, Nicaragua, and Sudan’’ in Ramos and the ‘‘Order To Stay Proceedings and Agreement To Stay the Determinations To Terminate the TPS Designations for Honduras and Nepal’’ in Bhattarai khammond on DSKJM1Z7X2PROD with NOTICES The previously announced determinations to terminate the existing designations of TPS for El Salvador and Nicaragua, and the 2011 designation of Haiti and the 2013 designation of Sudan 11 will not be implemented or enforced unless and until the district court’s order in Ramos is reversed and that reversal becomes final. As required by the order to stay proceedings in Bhattarai, DHS will not implement or enforce the previously announced determinations to terminate the existing TPS designations for Honduras and Nepal 12 unless and until the district court’s order in Ramos enjoining implementation and enforcement of the determinations to terminate the TPS Ramos and Bhattarai. (As noted, the Secretary has newly designated Sudan as well as Haiti for TPS eliminating the need for this minimum effective date provision for the challenged TPS terminations for those countries.) 11 See Termination of the Designation of El Salvador for Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018); Termination of the Designation of Nicaragua for Temporary Protected Status, 82 FR 59636 (Dec. 15, 2017); Termination of the Designation of Sudan for Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017): and Termination of the Designation of Haiti for Temporary Protected Status, 83 FR 2648 (Jan. 18, 2018). 12 See Termination of the Designation of Honduras for Temporary Protected Status, 83 FR 26074 (June 5, 2018); Termination of the Designation of Nepal for Temporary Protected Status, 83 FR 23705 (May 22, 2018). VerDate Sep<11>2014 17:27 Nov 15, 2022 Jkt 259001 designations for El Salvador, Haiti, Nicaragua, and the 2011 designation of Haiti and the 2013 designation of Sudan is reversed and that reversal becomes final for some or all of the affected countries, or by other order of the court. Any termination of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Nicaragua, the 2011 designation of Haiti, the 2013 designation of Sudan, and the designations of Honduras, and Nepal will go into effect no earlier than either 365 days following the issuance of any mandate to the district court or June 30, 2024, whichever is later, as described in the ‘‘Possible Future Action’’ section of this Federal Register notice. In further compliance with the stillvalid district court orders, DHS is publishing this notice automatically extending the validity of the TPS-related documentation specified in the Supplementary Information section of this notice through June 30, 2024, for eligible beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. DHS will issue future notices, as necessary, that will continue TPSrelated documentation for all affected beneficiaries under the TPS designations for El Salvador, Nicaragua, Sudan, Haiti, Honduras, and Nepal, so long as the Ramos preliminary injunction and Bhattarai order to stay proceedings remain in place; for Haiti as long as the Ramos preliminary injunction remains in place; or by other order of the court. However, should compliance with the Ramos and/or Bhattarai, court orders remain necessary, DHS may announce periodic re-registration procedures for eligible TPS beneficiaries in accordance with the INA and DHS regulations. DHS further continues its commitment to a transition period, as described above. All TPS beneficiaries must continue to maintain their TPS eligibility by meeting the requirements for TPS in INA section 244(c) and 8 CFR part 244. DHS will continue to adjudicate any pending TPS re-registration and pending late initial applications for affected beneficiaries under the TPS designations for El Salvador, Nicaragua, Honduras, and Nepal. Nationals of Haiti and Sudan (and individuals having no nationality who last habitually resided in Haiti or Sudan) are encouraged to apply under the new designations for Haiti and Sudan announced at 86 FR 41863 and 87 FR 23202. DHS will also continue to make appropriate individual TPS withdrawal decisions in accordance with existing procedures if PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 68721 an individual no longer maintains TPS eligibility. DHS will take appropriate steps to continue its compliance with the orders, and with all statutory requirements. Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. Approved Documentation To Demonstrate Continuation of Lawful Status and TPS-Related Employment Authorization • Documentation automatically extended through this Federal Register notice dated November 16, 2022. Æ Certain TPS-related documentation, including EADs, of affected beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal, that are automatically extended through this Federal Register notice through June 30, 2024. Æ Regardless of their country of birth, a beneficiary granted TPS under the designation for El Salvador, Haiti, Nicaragua, Sudan, Honduras, or Nepal may show their EAD that has been automatically extended to their employer to demonstrate identity and continued TPS-related employment eligibility to meet Employment Eligibility Verification (Form I–9) requirements. In addition, a beneficiary granted TPS under a designation for one of these countries may also choose to show an employer this Federal Register notice, which explains that their EAD has been automatically extended. Æ As evidence of their lawful status, a TPS beneficiary may show their EAD that has been automatically extended, or Form I–94, or Form I–797, along with a copy of this Federal Register notice, to law enforcement, federal, state, and local government agencies, and private entities. • Unexpired TPS-related EAD. • Alternatively, a TPS beneficiary may choose to show other acceptable documents that are evidence of identity and employment eligibility as described in the instructions to Form I–9. Am I eligible to receive an automatic extension of my current EAD using this Federal Register notice? Yes. Regardless of your country of birth, provided that you currently have a TPS-related EAD with the specified expiration dates below, this notice automatically extends your EAD as stated in Table 3 below. E:\FR\FM\16NON1.SGM 16NON1 68722 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices TABLE 3—AFFECTED EADS If your EAD has category code of A–12 or C–19 and an expiration date of: 07/22/2017 11/02/2017 01/05/2018 01/22/2018 03/09/2018 06/24/2018 07/05/2018 11/02/2018 01/05/2019 04/02/2019 06/24/2019 07/22/2019 09/09/2019 01/02/2020 01/05/2020 03/24/2020 01/04/2021 10/04/2021 12/31/2022 Then this Federal Register notice extends your EAD through: ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 When hired, what documentation may I show to my employer as evidence of employment authorization and identity when completing Form I–9? You can find the Lists of Acceptable Documents on the Form I–9, Employment Eligibility Verification, as well as the Acceptable Documents web page at https://www.uscis.gov/i-9central/acceptable-documents. Employers must complete Form I–9 to verify the identity and employment authorization of all new employees. Within three days of hire, employees must present acceptable documents to their employers as evidence of identity and employment authorization to satisfy Form I–9 requirements. You may present any documentation from List A (which provides evidence of both your identity and employment authorization) or documentation from List B (which provides evidence of your identity) together with documentation from List C (which provides evidence of your employment authorization), or you may present an acceptable receipt as described in the Form I–9 Instructions. Employers may not reject a document based on a future expiration date. You can find additional information about Form I–9 on the I–9 Central web page at https://www.uscis.gov/I-9Central. An EAD is an acceptable document under List A. See the section ‘‘How do my employer and I complete Form I–9 using my automatically extended employment authorization for a new job?’’ of this Federal Register notice for further information. If your EAD has one of the expiration dates in Table 4 and states A–12 or C–19 under Category, it has been extended automatically by virtue of this Federal Register notice, and you may choose to present it to your employer as proof of identity and employment eligibility for Form I–9 through June 30, 2024, 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 one of these TPS designated countries for you to be eligible for this extension. TABLE 4—AFFECTED EADS AND FORM I–9 Enter this date as the employment authorization expiration date in Section 1 of Form I–9: If your EAD has category code of A–12 or C–19 and an expiration date of: khammond on DSKJM1Z7X2PROD with NOTICES 07/22/2017 11/02/2017 01/05/2018 01/22/2018 03/09/2018 06/24/2018 07/05/2018 11/02/2018 01/05/2019 04/02/2019 06/24/2019 07/22/2019 09/09/2019 01/02/2020 01/05/2020 03/24/2020 01/04/2021 10/04/2021 12/31/2022 ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... ............................................................................................................................................... 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 VerDate Sep<11>2014 17:27 Nov 15, 2022 Jkt 259001 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 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 06/30/2024 Your employer must reverify your employment authorization by: 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 07/01/2024 show that your EAD has been automatically extended through June 30, 2024 as indicated in the above chart, but you are not required to do so. The last day of the automatic EAD extension is June 30, 2024. Before you start work on July 1, 2024, your employer is required by law to reverify your employment authorization in Section 3 of Form I–9. By that time, you must present any document from List A or any document from List C on Form I–9, Lists of Acceptable Documents, or E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES Can I obtain a new EAD? Yes, if you remain eligible for TPS and apply for a new EAD, you can obtain a new EAD. However, you do not need to apply for a new EAD in order to benefit from this automatic extension. If you are a beneficiary under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, or Nepal and want to obtain a new EAD valid through June 30, 2024, then you must file Form I–765, Application for Employment Authorization, and pay the associated fee (or obtain a fee waiver). If you do not want a new EAD, you do not have to file Form I–765 or pay the Form I–765 fee. If you do not want to request a new EAD now, you may file Form I–765 at a later date and pay the fee (or request a fee waiver), provided that you still have TPS or a pending TPS application. If you are unable to pay the application fee and/or biometric services fee, you may request a fee waiver by submitting a Request for Fee Waiver (Form I–912). For more information on the application forms and fees for TPS, please visit the USCIS TPS web page at https://www.uscis.gov/ tps. If you have a Form I–821 and/or Form I–765 application that is still pending under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, or Nepal, then you should not file either application again. If your pending Form I–821 is approved, you will be issued Forms I–797 and I–94 valid through June 30, 2024. Similarly, if you have a pending TPS-related Form I–765 that is approved, your new EAD will be valid through June 30, 2024. Your TPS itself continues as long as the preliminary injunction impacting your country’s TPS designation remains in effect and in accordance with any relevant future Federal Register notices that DHS may issue respecting your country’s TPS designation, or until your TPS is finally withdrawn for individual ineligibility under INA section 244(c), or the applicable TPS designation is terminated as discussed in the ‘‘Possible Future Action’’ section of this Federal Register notice. VerDate Sep<11>2014 17:27 Nov 15, 2022 Jkt 259001 Can my employer require that I provide any other documentation to prove my status, such as proof of my citizenship from El Salvador, Haiti, Nicaragua, Sudan, Honduras, or Nepal? No. When completing Form I–9, including reverifying employment authorization, employers must accept any documentation 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 citizenship or proof of re-registration for TPS when completing Form I–9 for new hires or reverifying the employment authorization of current employees. If you present an EAD that 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? See Table 4 in the question ‘‘When hired, what documentation may I show to my employer as evidence of employment authorization and identity when completing Form I–9?’’ to determine if your EAD has been automatically extended. 1. For Section 1, you should: a. Check ‘‘An alien authorized to work until’’ and enter June 30, 2024, as the expiration date; and b. Enter your USCIS number or ANumber where indicated. (Your EAD or other document from DHS will have your USCIS number or A-Number printed on it; the USCIS number is the same as your A-Number without the A prefix). 2. For Section 2, employers should: a. Determine if your EAD has been automatically extended by using Table 4 in the question ‘‘When hired, what documentation may I show to my employer as evidence of employment authorization and identity when completing Form I–9?’’ b. Write in the document title; c. Enter the issuing authority; d. Provide the document number; and PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 68723 e. Write June 30, 2024, as the expiration date. Before the start of work on July 1, 2024, 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 employment authorization has been automatically extended? If you presented a TPS-related EAD that was valid when you first started your job and USCIS has 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. See Table 4 in the question ‘‘When hired, what documentation may I show to my employer as evidence of employment authorization and identity when completing Form I–9?’’ to determine if your EAD has been automatically extended. 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 June 30, 2024, 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 should not reverify an employee until either this notice’s automatic extension of EADs has ended, or the employee presents a new document to show continued employment authorization, whichever is sooner. By July 1, 2024, when the employee’s automatically extended EAD has expired, employers are required by law to reverify the employee’s employment authorization in Section 3. If I am an employer enrolled in EVerify, 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 and the date from the Expiration Date field on Form I–9 into the Document Number and Expiration Date fields in E-Verify. Employers should ensure that they entered June 30, 2024, as the expiration date for EADs that have been automatically extended under this Federal Register notice on both the employee’s Form I–9 and their E-Verify case. E:\FR\FM\16NON1.SGM 16NON1 68724 Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices If I am an employer enrolled in EVerify, what do I do when I receive a ‘‘Work Authorization Documents Expiration’’ alert for an automatically extended EAD? E-Verify has automated the verification process for TPS-related EADs that USCIS has automatically extended. If you have employees who provided a TPS-related EAD when they first started working for you, you will receive a ‘‘Work Authorization Documents Expiring’’ case alert when the auto-extension period for this EAD is about to expire. Before this employee starts work on July 1, 2024, you must reverify their employment authorization on Form I–9. Employers may not use EVerify for reverification. If I already have TPS for Haiti or Sudan, do I need to apply under the new TPS designation for Haiti or Sudan? TPS beneficiaries under the Haiti and Sudan designations whose TPS has been continued pursuant to court orders, and as described in this notice, are strongly encouraged to apply for TPS before the close of the registration period on February 3, 2023 and October 19, 2023, respectively, following the instructions in the August 3, 2021 Federal Register notice regarding the new Designation of Haiti for Temporary Protected Status at 86 FR 41863 or the April 19, 2022 Federal Register notice regarding the new Designation for Sudan for Temporary Protected Status at 87 FR 23202, respectively. Eligible individuals are strongly encouraged to apply at the earliest practicable date, to ensure that their TPS continues beyond the courtordered extensions and without any gaps in status. If you are found eligible for TPS under the new Haiti or Sudan designations, your TPS will continue through February 3, 2023 and October 19, 2023, respectively, even if the current court order in Ramos that continues TPS is no longer in effect. khammond on DSKJM1Z7X2PROD with NOTICES Note to All Employers Employers are reminded that the laws requiring proper employment eligibility verification and prohibiting unfair immigration-related employment practices remain in full force. This Federal Register notice does not supersede or in any way limit applicable employment verification rules and policy guidance, including those rules setting forth reverification requirements. For general questions about the employment eligibility verification process, employers may call USCIS at 888–464–4218 (TTY 877–875– VerDate Sep<11>2014 17:27 Nov 15, 2022 Jkt 259001 6028) or email USCIS at I9Central@ uscis.dhs.gov. USCIS accepts calls and emails in English and many other languages. For questions about avoiding discrimination during the employment eligibility verification process (Form I– 9 and E-Verify), employers may call the U.S. Department of Justice’s Civil Rights Division, Immigrant and Employee Rights Section (IER) Employer Hotline at 800–255–8155 (TTY 800–237–2515). IER offers language interpretation in numerous languages. Employers may also email IER at IER@usdoj.gov. Note to Employees For general questions about the employment eligibility verification process, employees may call USCIS at 888–897–7781 (TTY 877–875–6028) or email USCIS at I-9Central@ uscis.dhs.gov. USCIS accepts calls in English, Spanish, and many other languages. Employees or applicants may also call the IER Worker Hotline at 800– 255–7688 (TTY 800–237–2515) for information regarding employment discrimination based upon citizenship, immigration status, or national origin, including discrimination related to Form I–9 and E-Verify. The IER Worker Hotline provides language interpretation in numerous languages. To comply with the law, employers must accept any document or combination of documents from the Lists of Acceptable Documents if the documentation reasonably appears to be genuine and to relate to the employee, 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’’ (mismatch) must promptly inform employees of the mismatch and give such employees an opportunity to take action to resolve the mismatch. A Tentative Nonconfirmation case result means that the information entered into E-Verify from an employee’s Form I–9 differs from records available to DHS. Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because of a mismatch while the case is still pending with E-Verify. A Final Nonconfirmation (FNC) case result is received when EVerify cannot verify an employee’s employment eligibility. An employer may terminate employment based on a case result of FNC. Work-authorized employees who receive an FNC may call USCIS for assistance at 888–897–7781 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 (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 https://www.justice.gov/ ier and on the USCIS and E-Verify websites at https://www.uscis.gov/i-9central and https://www.e-verify.gov. Note Regarding Federal, State, and Local Government Agencies (Such as Departments of Motor Vehicles) For Federal purposes, if you present an automatically extended EAD as referenced in this Federal Register notice, you do not need to show any other document, such as a Form I–797C, Notice of Action reflecting receipt of a Form I–765 EAD renewal application or this Federal Register notice, to prove that you 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 whether you have TPS or other immigration status. Examples of such documents are: • Your current EAD; • Your continued EAD with a TPS category code of A–12 or C–19 and an expiration date shown in Table 3 in the question ‘‘Am I eligible to receive an automatic extension of my current EAD using this Federal Register notice?’’ even if your country of birth noted on the EAD does not reflect one of these TPS designated countries; or • 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 or Form I–797C, Notice of Action, reflecting approval or receipt of a past or current Form I–821. Check with the government agency requesting documentation regarding which document(s) the agency will E:\FR\FM\16NON1.SGM 16NON1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices accept. Some Federal, State and local government agencies use the USCIS Systematic Alien Verification for Entitlements Program (SAVE) program to confirm the current immigration status of applicants for public benefits. While SAVE can verify that an individual has TPS, each agency’s procedures govern whether they will accept an unexpired EAD, Form I–797, Form I–797C, or Form I–94, Arrival/ Departure Record. If an agency accepts the type of TPS-related document you present, such as an EAD, the agency should accept your automatically extended TPS-related document, regardless of your country of birth. It may assist the agency if you: a. Give the agency a copy of this Federal Register notice showing the extension of TPS-related documentation, in addition to your most recent TPS-related document with your A-Number 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 https://save.uscis.gov/casecheck/. CaseCheck is a free service that lets you follow the progress of your SAVE verification case using your date of birth and one immigration identifier number (A-Number, USCIS number, or Form I– 94 number) or Verification Case Number). If an agency has denied your application based solely or in part on a SAVE response, the agency must offer you the opportunity to appeal the decision in accordance with the agency’s procedures. If the agency has received and acted upon or will act upon a SAVE verification case and you do not believe the SAVE response is correct, the SAVE website, https:// www.uscis.gov/save, has 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. 2022–24984 Filed 11–10–22; 5:15 pm] BILLING CODE 9111–97–P VerDate Sep<11>2014 17:27 Nov 15, 2022 Jkt 259001 DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615–0053] Agency Information Collection Activities; Revision of a Currently Approved Collection: Request for Certification of Military or Naval Service U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: 30-Day notice. AGENCY: The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The purpose of this notice is to allow an additional 30 days for public comments. DATES: Comments are encouraged and will be accepted until December 16, 2022. SUMMARY: Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, must be submitted via the Federal eRulemaking Portal website at https:// www.regulations.gov under e-Docket ID number USCIS–2007–0016. All submissions received must include the OMB Control Number 1615–0053 in the body of the letter, the agency name and Docket ID USCIS–2007–0016. FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Samantha Deshommes, Chief, Telephone number (240) 721–3000 (This is not a toll-free number; comments are not accepted via telephone message.). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS website at https:// www.uscis.gov, or call the USCIS Contact Center at (800) 375–5283; TTY (800) 767–1833. SUPPLEMENTARY INFORMATION: ADDRESSES: Comments The information collection notice was previously published in the Federal PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 68725 Register on August 15, 2022, at 87 FR 50094 allowing for a 60-day public comment period. USCIS did receive 1 comment in connection with the 60-day notice. You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: https://www.regulations.gov and enter USCIS–2007–0016 in the search box. The comments submitted to USCIS via this method are visible to the Office of Management and Budget and comply with the requirements of 5 CFR 1320.12(c). All submissions will be posted, without change, to the Federal eRulemaking Portal at https:// www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of https://www.regulations.gov. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection Request: Revision of a Currently Approved Collection. (2) Title of the Form/Collection: Request for Certification of Military or Naval Service. E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Notices]
[Pages 68717-68725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24984]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2728-22; DHS Docket No. USCIS-2019-0020]
RIN 1615-ZB83


Continuation of Documentation for Beneficiaries of Temporary 
Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, 
Honduras, and Nepal

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

ACTION: Notice of continuation of Temporary Protected Status and 
related documentation for certain TPS beneficiaries.

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SUMMARY: Through this notice, the U.S. Department of Homeland Security 
(DHS) announces actions to ensure its continued compliance with the 
preliminary injunction order of the U.S. District Court for the 
Northern District of California in Ramos, et al. v. Nielsen, et al., 
No. 18-cv-01554 (N.D. Cal. October 3, 2018) (``Ramos'') and with the 
order of the U.S. District Court for the Northern District of 
California to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-00731 
(N.D. Cal. March 12, 2019) (``Bhattarai''). Beneficiaries under the 
existing Temporary Protected Status (TPS) designations for El Salvador, 
Nicaragua, Honduras, and Nepal, the 2011 designation of Haiti, and the 
2013 designation of Sudan will retain their TPS while the preliminary 
injunction in Ramos and the Bhattarai orders remain in effect, provided 
that their TPS is not withdrawn because of individual ineligibility. 
They may also apply under the more recent designations of Haiti and 
Sudan in 2021 and 2022, respectively, and if granted, will retain TPS 
in accordance with their grants regardless of any potential end to the 
Ramos injunction. Other individuals who have been newly granted TPS 
under the 2021 designation of Haiti and the 2022 designation of Sudan, 
but who did not have TPS at the time of those designations, are not 
covered by this litigation compliance notice. Their TPS grants remain 
valid in accordance with their individual notices of approval from 
USCIS. This notice further provides information on the automatic 
extension of the validity of TPS-related Employment Authorization 
Documents (EADs); Notices of Action (Forms I-797); and Arrival/
Departure Records (Forms I-94), (collectively ``TPS-related 
documentation'') for those beneficiaries under the TPS designations for 
El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.

DATES: DHS is automatically extending the validity of certain TPS-
related documentation for beneficiaries under the TPS designations for 
El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through June 
30, 2024, from the current expiration date of December 31, 2022.

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, please visit the USCIS TPS web page 
at https://www.uscis.gov/tps.
    If you have additional questions about TPS, please visit https://uscis.gov/tools. Our online virtual assistant, Emma, can answer many of 
your questions and point you to additional information on our website. 
If you are unable to find your answers there, you may also call our 
U.S. Citizenship and Immigration Services (USCIS) Contact Center at 
800-375-5283 (TTY 800-767-1833).
    Applicants seeking information about the status of their individual 
cases may check Case Status Online, available on the USCIS website at 
https://www.uscis.gov, or visit the USCIS Contact Center at https://uscis.gov/contactcenter.
    Further information will also be available at local USCIS offices 
upon publication of this notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
EOIR--Executive Office for Immigration Review
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action (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
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

Background on TPS

     TPS is a temporary immigration status granted to eligible 
nationals of a foreign state designated for TPS under the Immigration 
and Nationality Act (INA) or to eligible persons 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 as long as they continue to have 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 discretion.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at

[[Page 68718]]

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

Purpose of This Action

    This notice ensures DHS's continued compliance with various court 
orders issued by the federal district courts in the Ramos and Bhattarai 
lawsuits that require DHS to maintain the TPS designations for El 
Salvador, Haiti, Sudan, Nicaragua, Honduras, and Nepal, as well as the 
TPS and TPS-related documentation for eligible affected 
beneficiaries.\1\ The U.S. Court of Appeals for the Ninth Circuit 
vacated the district court's preliminary injunction in Ramos on 
September 14, 2020, holding that the decision to designate, extend, or 
terminate TPS is not subject to judicial review. However, the appellate 
order is not currently effective because the Ninth Circuit has not 
issued any directive to carry out the order to the federal district 
court.\2\ Therefore, the Ramos preliminary injunction remains in 
effect. In addition, the order of the district court in Bhattarai 
staying proceedings and approving the parties' stipulated agreement to 
continue TPS and TPS-related documentation for eligible beneficiaries 
from Nepal and Honduras remains in effect. Affected TPS beneficiaries 
from the six countries will retain their status, provided they continue 
to meet all the individual requirements for TPS eligibility described 
in INA section 244(c) and 8 CFR 244. As necessary, DHS will publish 
future information in the Federal Register to ensure its compliance 
with any relevant court orders that may be issued after the date of 
this notice.
---------------------------------------------------------------------------

    \1\ See Ramos, et al. v. Nielsen, et al., No. 18-cv-01554 (N.D. 
Cal. Oct. 3, 2018) (district court granted preliminary injunction 
against terminations of TPS for El Salvador, Haiti, Sudan, and 
Nicaragua) (``Ramos''); and Bhattarai, et al. v. Nielsen, et al., 
No. 19-cv-00731 (N.D. Cal. March 12, 2019) (district court stayed 
proceedings until Ramos appeal decided and approved parties' 
stipulation for continued TPS and issuance of TPS-related 
documentation to eligible, affected beneficiaries of TPS for 
Honduras and Nepal during the stay and pendency of the appeal) 
(``Bhattarai''). In 2019, the federal district court for the Eastern 
District of New York had also enjoined the termination of the 2011 
TPS designation for Haiti in Saget, et al., v. Trump, et al., No. 
18-cv-1599 (E.D.N.Y. April 11, 2019) (``Saget''), and DHS had cited 
to that order in previous notices continuing the affected 
beneficiaries' TPS and documentation. See, e.g., 86 FR 50725, 50726 
(Sept. 10, 2021). However, the Saget case was dismissed upon the 
court's approval of the parties' joint Stipulation of Dismissal for 
mootness following the Secretary's new 18-month designation of Haiti 
for TPS on Aug. 3, 2021, and DHS' continuation of existing 
beneficiaries' TPS and related documentation under the Ramos 
injunction through Dec. 31, 2022. See id., Order approving 
Stipulation of Dismissal, dated Oct. 15, 2021.
    \2\ See Ramos, et al., v. Wolf, et al., No. 18-16981 (9th Cir., 
Sept. 14, 2020).
---------------------------------------------------------------------------

    DHS initially published notices to ensure its compliance with the 
Ramos preliminary injunction on October 31, 2018 and March 1, 2019, and 
the Bhattarai order to stay proceedings on May 10, 2019. See 83 FR 
54764; 84 FR 7103; and 84 FR 20647. The Department later published a 
notice to ensure its continued compliance with the combined orders in 
Ramos, Bhattarai, and Saget ³ on November 4, 2019. That 
notice automatically extended certain TPS and TPS-related documentation 
through January 4, 2021 for all eligible TPS beneficiaries covered by 
the courts' orders. See 84 FR 59403. The Department last published a 
notice to ensure its continued compliance with these combined court 
orders on September 10, 2021. That notice again automatically extended 
certain TPS and TPS-related documentation through December 31, 2022 for 
all eligible TPS beneficiaries covered by the courts' orders. See 86 FR 
50725. Through this Federal Register notice, DHS announces actions to 
ensure its continued compliance with the district court orders in Ramos 
and Bhattarai while those orders remain in effect.
---------------------------------------------------------------------------

    \3\ As noted, on Oct. 15, 2021, the parties in Saget v. Trump, 
entered into a Stipulation of Dismissal as the case was rendered 
moot due to the Aug. 3, 2021, FRN implementing the new Haiti 
designation. See 86 FR 41863.
---------------------------------------------------------------------------

    The TPS designations for El Salvador and Nicaragua, and the 2011 
designation of Haiti and the 2013 designation of Sudan will remain in 
effect, as required by the Ramos district court order, so long as the 
preliminary injunction remains in effect. The TPS designations for 
Honduras and Nepal will remain in effect so long as the Bhattarai order 
staying proceedings and approving the parties' stipulated agreements 
continues in effect. Affected TPS beneficiaries under the TPS 
designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and 
Nepal will retain their TPS and their TPS-related documentation will 
continue to be valid in accordance with the specific orders that affect 
the TPS designations regarding their individual countries, provided 
that the affected beneficiaries continue to meet all the individual 
requirements for TPS. See INA section 244(c)(3). See also 8 CFR 244.14. 
DHS will not terminate TPS for any of the affected countries pending 
final disposition of the Ramos appeal, including through any additional 
appellate channels in which relief may be sought, or by other orders of 
the court. Following consideration of current country conditions, the 
Secretary has newly designated Haiti and Sudan for TPS for 18 months, 
allowing eligible individuals covered by the Ramos and Saget 
injunctions as well as other eligible individuals to register for and 
maintain TPS through February 3, 2023 and October 19, 2023, 
respectively.
    On August 3, 2021, DHS issued a Federal Register Notice 
implementing the new designation of Haiti for TPS, and on April 19, 
2022, DHS issued a Federal Register Notice implementing the new 
designation of Sudan for TPS. In order to secure TPS pursuant to the 
new Haiti and Sudan designations, eligible individuals must apply 
before the close of the registration periods on February 3, 2023 and 
October 19, 2023, respectively. Eligible individuals are strongly 
encouraged to apply at the earliest practicable date, to ensure that 
their TPS continues without any gaps in the event that the Ramos and 
Bhattarai court orders cease to be effective. See Designation of Haiti 
for Temporary Protected Status, 86 FR 41863 (August 3, 2021) and 
Designation of Sudan for Temporary Protected Status, 87 FR 23202 (April 
19, 2022).
    DHS is further announcing it is automatically extending, through 
June 30, 2024, the validity of certain TPS-related documentation, as 
specified in this notice, for beneficiaries under the TPS designations 
for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal provided 
that the affected beneficiaries remain individually eligible for TPS.

Automatic Extension of EADs Issued Under the TPS Designations for El 
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

    Through this Federal Register notice, DHS automatically extends the 
validity of EADs listed in Table 1 below issued to beneficiaries under 
the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, 
Honduras, and Nepal. Such beneficiaries may show their EADs to 
employers to demonstrate they have employment authorization and may 
choose also to show employers this Federal Register notice to explain 
that their TPS-Related Documentation

[[Page 68719]]

has been automatically extended through June 30, 2024. This notice 
explains how TPS beneficiaries, their employers, and benefit-granting 
agencies may determine which EADs are automatically extended and how 
this affects the Form I-9, Employment Eligibility Verification; E-
Verify; and USCIS Systematic Alien Verification for Entitlements (SAVE) 
processes. Additionally, a beneficiary under the TPS designation for 
any of these countries who has applied for a new EAD but who has not 
yet received their new EAD is covered by this automatic extension, 
provided that the EAD he or she possesses contains one of the 
expiration dates listed in Table 1 below.

                         Table 1--Affected EADs
------------------------------------------------------------------------
                                                       Then the validity
 If an EAD has a category code of A-12 or C-19 and an    of the EAD is
                 expiration date of:                   extended through:
 
------------------------------------------------------------------------
07/22/2017...........................................         06/30/2024
11/02/2017...........................................         06/30/2024
01/05/2018...........................................         06/30/2024
01/22/2018...........................................         06/30/2024
03/09/2018...........................................         06/30/2024
06/24/2018...........................................         06/30/2024
07/05/2018...........................................         06/30/2024
11/02/2018...........................................         06/30/2024
01/05/2019...........................................         06/30/2024
04/02/2019...........................................         06/30/2024
06/24/2019...........................................         06/30/2024
07/22/2019...........................................         06/30/2024
09/09/2019...........................................         06/30/2024
01/02/2020...........................................         06/30/2024
01/05/2020...........................................         06/30/2024
03/24/2020...........................................         06/30/2024
01/04/2021...........................................         06/30/2024
10/04/2021...........................................         06/30/2024
12/31/2022...........................................         06/30/2024
------------------------------------------------------------------------

Automatic Extension of Forms I-94 and Forms I-797

    Also through this Federal Register notice, DHS automatically 
extends the validity periods of the Forms I-94 and Forms I-797 listed 
in Table 2 below previously issued to beneficiaries under the TPS 
designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and 
Nepal. These extensions apply only if the TPS beneficiary properly 
filed for re-registration during either the most recent DHS-announced 
registration period for their country,\4\ or any applicable previous 
DHS-announced re-registration periods for the beneficiary's country,\5\ 
or has a re-registration application that remains pending. This notice 
does not extend the validity periods of Forms I-94 or Forms I-797 for 
any TPS beneficiary who failed to file for TPS re-registration during 
one of the applicable previous DHS-announced re-registration periods, 
or for whom a re-registration request has been denied. In addition, the 
extensions do not apply for any beneficiary from whom TPS has been 
withdrawn.
---------------------------------------------------------------------------

    \4\ DHS issued a new designation period for Haiti TPS on Aug. 3, 
2021 and Sudan TPS on Apr. 19, 2022. The registration periods end on 
Feb. 3, 2023 and Oct. 19, 2023, respectively.
    \5\ El Salvador: July 8-Sept. 6, 2016, or Jan. 18-March 19, 
2018;
    Haiti: Aug. 25-Oct. 26, 2015, May 24-July 24, 2017, or Jan. 18-
March 19, 2018;
    Honduras: May 16-July 16, 2016; Dec. 15, 2017-Feb. 13, 2018 or 
June 5-Aug. 6, 2018;
    Nepal: Oct. 26-Dec. 27, 2016 or May 22-July 23, 2018;
    Nicaragua: May 16-July 15, 2016 or Dec. 15, 2017-Feb. 13, 2018;
    Sudan: Jan. 25-March 25, 2016 or Oct. 11, 2017-Dec. 11, 2017.
    \6\ Your Forms I-94 and I-797 may show a different beginning 
date of validity than those listed here if you were a late initial 
filer (LIF) at the time because the forms would have the date of 
approval of your LIF application for TPS. As long as they bear an 
end date of validity listed in this chart, then they are 
automatically extended by this Notice.

                                   Table 2--Affected Forms I-94 and I-797 \6\
----------------------------------------------------------------------------------------------------------------
                                                                                                  Validity of
                                             Beginning date of                                 Forms I-94 and  I-
                Country                          validity:            End date of validity:       797 extended
                                                                                                    through:
----------------------------------------------------------------------------------------------------------------
El Salvador............................  Sept. 10, 2016...........  March 9, 2018............         06/30/2024
                                         March 10, 2018...........  Sept. 9, 2019............         06/30/2024
                                         Sept. 10, 2019...........  Oct. 4, 2021.............         06/30/2024
                                         Oct. 5, 2021.............  Dec. 31, 2022............         06/30/2024
Haiti..................................  Jan. 23, 2016............  July 22, 2017............         06/30/2024
                                         July 23, 2017............  Jan. 22, 2018............         06/30/2024
                                         Jan. 23, 2018............  July 22, 2019............         06/30/2024
                                         July 23, 2019............  Oct. 4, 2021.............         06/30/2024
                                         Oct. 5, 2021.............  Dec. 31, 2022............         06/30/2024
Honduras...............................  July 6, 2016.............  Jan. 5, 2018.............         06/30/2024
                                         Jan. 6, 2018.............  July 5, 2018.............         06/30/2024
                                         July 6, 2018.............  Jan. 5, 2020.............         06/30/2024
                                         Jan. 6, 2020.............  Oct. 4, 2021.............         06/30/2024
                                         Oct. 5, 2021.............  Dec. 31, 2022............         06/30/2024
Nepal..................................  Dec. 25, 2016............  June 24, 2018............         06/30/2024
                                         June 25, 2018............  June 24, 2019............         06/30/2024
                                         June 25, 2019............  Oct. 4, 2021.............         06/30/2024
                                         Oct. 5, 2021.............  Dec. 31, 2022............         06/30/2024
Nicaragua..............................  July 6, 2016.............  Jan. 5, 2018.............         06/30/2024
                                         Jan. 6, 2018.............  Jan. 5, 2019.............         06/30/2024
                                         Jan. 6, 2019.............  Oct. 4, 2021.............         06/30/2024
                                         Oct. 5, 2021.............  Dec. 31, 2022............         06/30/2024
Sudan..................................  May 3, 2016..............  Nov. 2, 2017.............         06/30/2024
                                         Nov. 3, 2017.............  Nov. 2, 2018.............         06/30/2024
                                         Nov. 3, 2018.............  Oct. 4, 2021.............         06/30/2024
                                         Oct. 5, 2021.............  Dec. 31, 2022............         06/30/2024
----------------------------------------------------------------------------------------------------------------


[[Page 68720]]

Application Procedures

    Current beneficiaries covered by the court orders that continue the 
TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, 
and Sudan do not need to pay a fee or file any application, including 
Application for Employment Authorization (Form I-765), to maintain 
their TPS benefits through June 30, 2024 under this notice, provided 
that they have properly re-registered for TPS during either the most 
recent DHS-announced registration period for their country,\7\ or any 
applicable previous re-registration period described in Footnote 5. In 
the case of TPS beneficiaries under the prior Haiti and Sudan 
designations, re-registering under the applicable previous re-
registration period in Footnote 5 is sufficient to qualify for the 
extension in this notice.
---------------------------------------------------------------------------

    \7\ DHS issued a new designation period for Haiti TPS on Aug. 3, 
2021 and Sudan TPS on Apr. 19, 2022. The registration periods end on 
Feb. 3, 2023 and Oct. 19, 2023, respectively.
---------------------------------------------------------------------------

    Although there is no need to pay a fee or file an application to 
qualify for this extension, in order to secure TPS pursuant to the new 
Haiti or Sudan designations, eligible individuals must apply before the 
close of the registration period on February 3, 2023 under the new 
Haiti designation and October 19, 2023 under the new Sudan designation. 
Eligible individuals for the new TPS Haiti or Sudan designations are 
strongly encouraged to apply at the earliest practicable date, to 
ensure that their TPS continues beyond the court-ordered extensions and 
without any gaps in status.
    TPS beneficiaries who have failed to re-register properly for TPS 
during any of these re-registration periods may still file an 
Application for Temporary Protected Status (Form I-821) but must 
demonstrate ``good cause'' for failing to re-register on time, as 
required by law. See INA section 244(c)(3)(C) (TPS beneficiary's 
failure to register without good cause in form and manner specified by 
DHS is a ground for TPS withdrawal); 8 CFR 244.17(b) and Form I-821 
instructions.\8\
---------------------------------------------------------------------------

    \8\ An applicant for TPS Haiti who applies under the procedures 
announced in the Notice regarding the new TPS designation of Haiti 
at 86 FR 41863 (Aug. 3, 2021) is an initial applicant and does not 
have to demonstrate ``good cause'' for failing to re-register under 
prior TPS Haiti designations. Similarly, an applicant for TPS Sudan 
who applies under the procedures announced in the Notice regarding 
the new TPS designation of Sudan at 87 FR 23202 (April 19, 2022) is 
an initial applicant and does not have to demonstrate ``good cause'' 
for failing to re-register under prior TPS Sudan designations.
---------------------------------------------------------------------------

    Any currently eligible beneficiary who does not presently have a 
pending EAD application under the TPS designations for El Salvador, 
Haiti, Nicaragua, Sudan, Honduras or Nepal may file Form I-765 with the 
appropriate fee or a fee waiver request in order to obtain a new EAD 
with a printed expiration date of June 30, 2024. However, applicants 
under the Haiti 2021 and Sudan 2022 new TPS designations may also file 
Form I-821 for TPS and, if eligible, receive an EAD with a printed 
expiration date that correlates with those new designations.

Possible Future Actions

    In order to comply with statutory requirements for TPS while the 
district courts' orders or any superseding court orders concerning the 
beneficiaries under the TPS designations for El Salvador, Haiti, 
Nicaragua, Sudan, Honduras, and Nepal remain in effect, DHS may require 
these beneficiaries to re-register and will announce the re-
registration procedures in a future Federal Register notice. DHS has 
the authority to conduct TPS re-registration in accordance with INA 
section 244(c)(3)(C) and 8 CFR 244.17. Through the re-registration 
process, which is generally conducted every 12 to 18 months while a 
foreign state is designated for TPS, USCIS determines whether each TPS 
beneficiary is continuing to maintain individual eligibility for TPS, 
including but not limited to, the requirements related to disqualifying 
criminal or security issues. See id.; INA section 244(c)(2); 8 CFR 
244.2, 244.3, and 244.4 (describing individual TPS eligibility 
requirements, including mandatory criminal and security bars).
    The Secretary has already newly designated Haiti for TPS for 18 
months through February 3, 2023. See 86 FR 41863. Eligible Haitian 
nationals (and individuals having no nationality who last habitually 
resided in Haiti) who wish to receive or continue their existing TPS 
through that date are encouraged to submit their applications for TPS 
by following the instructions in the Federal Register notice, 
Designation of Haiti for Temporary Protected Status, at 86 FR 41863. 
Failure to submit an application under the new designation of Haiti, 
however, does not affect the continuation of the validity of TPS and 
TPS documents through June 30, 2024 as described in this notice.
    Similarly, the Secretary has already newly designated Sudan for TPS 
for 18 months through October 19, 2023. See 87 FR 23202. Eligible 
Sudanese nationals (and individuals having no nationality who last 
habitually resided in Sudan) who wish to receive or continue their 
existing TPS through that date are encouraged to submit their 
applications for TPS by following the instructions in the Federal 
Register notice, Designation of Sudan for Temporary Protected Status, 
at 87 FR 23202. Failure to submit an application under the new 
designation of Sudan, however, does not affect the continuation of the 
validity of TPS and TPS documents through June 30, 2024 as described in 
this notice.
    The Government appealed both the Ramos and Saget preliminary 
injunctions. A three-judge panel of the U.S. Court of Appeals for the 
Ninth Circuit ruled for the Government and vacated the Ramos 
preliminary injunction on September 14, 2020. However the preliminary 
injunction remains in effect because the appellate court has not issued 
its directive (i.e., the mandate) to the district court to implement 
the panel's decision. The plaintiffs have filed a request for a hearing 
en banc which is pending. The Saget case was dismissed as a result of 
the new TPS designation for Haiti on October 15, 2021.\9\
---------------------------------------------------------------------------

    \9\ Order Approving Stipulation of Dismissal, dated Oct. 15, 
2021 in Saget (cited previously).
---------------------------------------------------------------------------

    Should the Government ultimately prevail in its challenge to the 
Ramos preliminary injunction and absent any further change with respect 
to TPS designations for El Salvador, Nicaragua, Honduras, or Nepal, the 
Secretary's determination to terminate TPS for any of those countries 
will take effect no earlier than 365 days from the issuance of any 
appellate mandate to the district court or upon the expiration of this 
Federal Register notice's extension of TPS-related documents on June 
30, 2024, whichever is later.\10\
---------------------------------------------------------------------------

    \10\ The most recent litigation compliance Federal Register 
notice stated that, absent any further change in the TPS designation 
of El Salvador, the termination of the TPS designation for El 
Salvador would go into effect no earlier than 365 days after the 
issuance of any appellate court mandate. Absent any change in the 
TPS designations of Nicaragua, Honduras, Sudan, or Nepal, that 
notice further provided that such terminations would go into effect 
no earlier than 120 days after issuance of the appellate mandate. 
The notice also provided that, should the government move to vacate 
the Bhattarai order to stay proceedings in light of an appellate 
decision affirming the preliminary injunction in Ramos that suggests 
a basis on which to distinguish the determinations to terminate the 
TPS designations for Honduras and Nepal from the TPS terminations at 
issue in Ramos, TPS would remain in effect for Honduras and Nepal 
for at least 180 days following an order of the district court 
vacating the stay in proceedings. See 86 FR 50725, 50729 (Sept. 10, 
2021). DHS has since determined that absent any further action with 
respect to TPS for Nicaragua, Honduras, or Nepal, it is appropriate 
to apply the same minimum post-mandate 365-day effective date 
provision to the terminations of the existing designations for those 
countries as for El Salvador. This decision remains consistent with 
the parties' court-approved stipulations for implementing the 
current district court orders in Ramos and Bhattarai. (As noted, the 
Secretary has newly designated Sudan as well as Haiti for TPS 
eliminating the need for this minimum effective date provision for 
the challenged TPS terminations for those countries.)

---------------------------------------------------------------------------

[[Page 68721]]

    The Secretary has announced new 18-month designations of Haiti and 
Sudan for TPS, which continue through February 3, 2023 and October 19, 
2023, respectively. Application procedures for TPS under the new Haiti 
and Sudan designations, including for individuals who currently have 
TPS pursuant to the court orders, are provided in the notices published 
at 86 FR 41863 and 87 FR 23202.

Additional Notes

    Nothing in this notice affects DHS's ongoing authority to determine 
on a case-by-case basis whether a TPS beneficiary continues to meet the 
eligibility requirements for TPS described in INA section 244(c) and 
the implementing regulations in part 244 of Title 8 of the Code of 
Federal Regulations.

Notice of Compliance With the ``Order Enjoining the Implementation and 
Enforcement of Determinations To Terminate the TPS Designations for El 
Salvador, Haiti, Nicaragua, and Sudan'' in Ramos and the ``Order To 
Stay Proceedings and Agreement To Stay the Determinations To Terminate 
the TPS Designations for Honduras and Nepal'' in Bhattarai

    The previously announced determinations to terminate the existing 
designations of TPS for El Salvador and Nicaragua, and the 2011 
designation of Haiti and the 2013 designation of Sudan \11\ will not be 
implemented or enforced unless and until the district court's order in 
Ramos is reversed and that reversal becomes final. As required by the 
order to stay proceedings in Bhattarai, DHS will not implement or 
enforce the previously announced determinations to terminate the 
existing TPS designations for Honduras and Nepal \12\ unless and until 
the district court's order in Ramos enjoining implementation and 
enforcement of the determinations to terminate the TPS designations for 
El Salvador, Haiti, Nicaragua, and the 2011 designation of Haiti and 
the 2013 designation of Sudan is reversed and that reversal becomes 
final for some or all of the affected countries, or by other order of 
the court. Any termination of TPS-related documentation for 
beneficiaries under the TPS designations for El Salvador, Nicaragua, 
the 2011 designation of Haiti, the 2013 designation of Sudan, and the 
designations of Honduras, and Nepal will go into effect no earlier than 
either 365 days following the issuance of any mandate to the district 
court or June 30, 2024, whichever is later, as described in the 
``Possible Future Action'' section of this Federal Register notice.
---------------------------------------------------------------------------

    \11\ See Termination of the Designation of El Salvador for 
Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018); Termination 
of the Designation of Nicaragua for Temporary Protected Status, 82 
FR 59636 (Dec. 15, 2017); Termination of the Designation of Sudan 
for Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017): and 
Termination of the Designation of Haiti for Temporary Protected 
Status, 83 FR 2648 (Jan. 18, 2018).
    \12\ See Termination of the Designation of Honduras for 
Temporary Protected Status, 83 FR 26074 (June 5, 2018); Termination 
of the Designation of Nepal for Temporary Protected Status, 83 FR 
23705 (May 22, 2018).
---------------------------------------------------------------------------

    In further compliance with the still-valid district court orders, 
DHS is publishing this notice automatically extending the validity of 
the TPS-related documentation specified in the Supplementary 
Information section of this notice through June 30, 2024, for eligible 
beneficiaries under the TPS designations for El Salvador, Haiti, 
Nicaragua, Sudan, Honduras, and Nepal. DHS will issue future notices, 
as necessary, that will continue TPS-related documentation for all 
affected beneficiaries under the TPS designations for El Salvador, 
Nicaragua, Sudan, Haiti, Honduras, and Nepal, so long as the Ramos 
preliminary injunction and Bhattarai order to stay proceedings remain 
in place; for Haiti as long as the Ramos preliminary injunction remains 
in place; or by other order of the court. However, should compliance 
with the Ramos and/or Bhattarai, court orders remain necessary, DHS may 
announce periodic re-registration procedures for eligible TPS 
beneficiaries in accordance with the INA and DHS regulations. DHS 
further continues its commitment to a transition period, as described 
above.
    All TPS beneficiaries must continue to maintain their TPS 
eligibility by meeting the requirements for TPS in INA section 244(c) 
and 8 CFR part 244. DHS will continue to adjudicate any pending TPS re-
registration and pending late initial applications for affected 
beneficiaries under the TPS designations for El Salvador, Nicaragua, 
Honduras, and Nepal. Nationals of Haiti and Sudan (and individuals 
having no nationality who last habitually resided in Haiti or Sudan) 
are encouraged to apply under the new designations for Haiti and Sudan 
announced at 86 FR 41863 and 87 FR 23202. DHS will also continue to 
make appropriate individual TPS withdrawal decisions in accordance with 
existing procedures if an individual no longer maintains TPS 
eligibility. DHS will take appropriate steps to continue its compliance 
with the orders, and with all statutory requirements.

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

Approved Documentation To Demonstrate Continuation of Lawful Status and 
TPS-Related Employment Authorization

     Documentation automatically extended through this Federal 
Register notice dated November 16, 2022.
    [cir] Certain TPS-related documentation, including EADs, of 
affected beneficiaries under the TPS designations for El Salvador, 
Haiti, Nicaragua, Sudan, Honduras, and Nepal, that are automatically 
extended through this Federal Register notice through June 30, 2024.
    [cir] Regardless of their country of birth, a beneficiary granted 
TPS under the designation for El Salvador, Haiti, Nicaragua, Sudan, 
Honduras, or Nepal may show their EAD that has been automatically 
extended to their employer to demonstrate identity and continued TPS-
related employment eligibility to meet Employment Eligibility 
Verification (Form I-9) requirements. In addition, a beneficiary 
granted TPS under a designation for one of these countries may also 
choose to show an employer this Federal Register notice, which explains 
that their EAD has been automatically extended.
    [cir] As evidence of their lawful status, a TPS beneficiary may 
show their EAD that has been automatically extended, or Form I-94, or 
Form I-797, along with a copy of this Federal Register notice, to law 
enforcement, federal, state, and local government agencies, and private 
entities.
     Unexpired TPS-related EAD.
     Alternatively, a TPS beneficiary may choose to show other 
acceptable documents that are evidence of identity and employment 
eligibility as described in the instructions to Form I-9.

Am I eligible to receive an automatic extension of my current EAD using 
this Federal Register notice?

    Yes. Regardless of your country of birth, provided that you 
currently have a TPS-related EAD with the specified expiration dates 
below, this notice automatically extends your EAD as stated in Table 3 
below.

[[Page 68722]]



                         Table 3--Affected EADs
------------------------------------------------------------------------
                                                       Then this Federal
 If your EAD has category code of A-12 or C-19 and an   Register notice
                 expiration date of:                    extends your EAD
                                                            through:
------------------------------------------------------------------------
07/22/2017...........................................         06/30/2024
11/02/2017...........................................         06/30/2024
01/05/2018...........................................         06/30/2024
01/22/2018...........................................         06/30/2024
03/09/2018...........................................         06/30/2024
06/24/2018...........................................         06/30/2024
07/05/2018...........................................         06/30/2024
11/02/2018...........................................         06/30/2024
01/05/2019...........................................         06/30/2024
04/02/2019...........................................         06/30/2024
06/24/2019...........................................         06/30/2024
07/22/2019...........................................         06/30/2024
09/09/2019...........................................         06/30/2024
01/02/2020...........................................         06/30/2024
01/05/2020...........................................         06/30/2024
03/24/2020...........................................         06/30/2024
01/04/2021...........................................         06/30/2024
10/04/2021...........................................         06/30/2024
12/31/2022...........................................         06/30/2024
------------------------------------------------------------------------

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

    You can find the Lists of Acceptable Documents on the Form I-9, 
Employment Eligibility Verification, as well as the Acceptable 
Documents web page at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the identity and 
employment authorization of all new employees. Within three days of 
hire, employees must present acceptable documents to their employers as 
evidence of identity and employment authorization to satisfy Form I-9 
requirements.
    You may present any documentation from List A (which provides 
evidence of both your identity and employment authorization) or 
documentation from List B (which provides evidence of your identity) 
together with documentation from List C (which provides evidence of 
your employment authorization), or you may present an acceptable 
receipt as described in the Form I-9 Instructions. Employers may not 
reject a document based on a future expiration date. You can find 
additional information about Form I-9 on the I-9 Central web page at 
https://www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. See the section 
``How do my employer and I complete Form I-9 using my automatically 
extended employment authorization for a new job?'' of this Federal 
Register notice for further information. If your EAD has one of the 
expiration dates in Table 4 and states A-12 or C-19 under Category, it 
has been extended automatically by virtue of this Federal Register 
notice, and you may choose to present it to your employer as proof of 
identity and employment eligibility for Form I-9 through June 30, 2024, 
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 one of these TPS designated countries for you to be eligible 
for this extension.

                   Table 4--Affected EADs and Form I-9
------------------------------------------------------------------------
                                  Enter this date as
                                    the employment    Your employer must
If your EAD has category code of     authorization       reverify your
 A-12 or C-19 and an expiration   expiration date in      employment
            date of:               Section 1 of Form   authorization by:
                                         I-9:
------------------------------------------------------------------------
07/22/2017......................          06/30/2024          07/01/2024
11/02/2017......................          06/30/2024          07/01/2024
01/05/2018......................          06/30/2024          07/01/2024
01/22/2018......................          06/30/2024          07/01/2024
03/09/2018......................          06/30/2024          07/01/2024
06/24/2018......................          06/30/2024          07/01/2024
07/05/2018......................          06/30/2024          07/01/2024
11/02/2018......................          06/30/2024          07/01/2024
01/05/2019......................          06/30/2024          07/01/2024
04/02/2019......................          06/30/2024          07/01/2024
06/24/2019......................          06/30/2024          07/01/2024
07/22/2019......................          06/30/2024          07/01/2024
09/09/2019......................          06/30/2024          07/01/2024
01/02/2020......................          06/30/2024          07/01/2024
01/05/2020......................          06/30/2024          07/01/2024
03/24/2020......................          06/30/2024          07/01/2024
01/04/2021......................          06/30/2024          07/01/2024
10/04/2021......................          06/30/2024          07/01/2024
12/31/2022......................          06/30/2024          07/01/2024
------------------------------------------------------------------------

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 your EAD has been 
automatically extended through June 30, 2024 as indicated in the above 
chart, but you are not required to do so.
    The last day of the automatic EAD extension is June 30, 2024. 
Before you start work on July 1, 2024, your employer is required by law 
to reverify your employment authorization in Section 3 of Form I-9. By 
that time, you must present any document from List A or any document 
from List C on Form I-9, Lists of Acceptable Documents, or

[[Page 68723]]

an acceptable List A or List C receipt described in the Form I-9 
instructions to reverify employment authorization.
    Your employer may not specify which List A or List C document you 
must present and cannot reject an acceptable receipt.

Can I obtain a new EAD?

    Yes, if you remain eligible for TPS and apply for a new EAD, you 
can obtain a new EAD. However, you do not need to apply for a new EAD 
in order to benefit from this automatic extension. If you are a 
beneficiary under the TPS designations for El Salvador, Haiti, 
Nicaragua, Sudan, Honduras, or Nepal and want to obtain a new EAD valid 
through June 30, 2024, then you must file Form I-765, Application for 
Employment Authorization, and pay the associated fee (or obtain a fee 
waiver). If you do not want a new EAD, you do not have to file Form I-
765 or pay the Form I-765 fee. If you do not want to request a new EAD 
now, you may file Form I-765 at a later date and pay the fee (or 
request a fee waiver), provided that you still have TPS or a pending 
TPS application.
    If you are unable to pay the application fee and/or biometric 
services fee, you may request a fee waiver by submitting a Request for 
Fee Waiver (Form I-912). For more information on the application forms 
and fees for TPS, please visit the USCIS TPS web page at https://www.uscis.gov/tps.
    If you have a Form I-821 and/or Form I-765 application that is 
still pending under the TPS designations for El Salvador, Haiti, 
Nicaragua, Sudan, Honduras, or Nepal, then you should not file either 
application again. If your pending Form I-821 is approved, you will be 
issued Forms I-797 and I-94 valid through June 30, 2024. Similarly, if 
you have a pending TPS-related Form I-765 that is approved, your new 
EAD will be valid through June 30, 2024. Your TPS itself continues as 
long as the preliminary injunction impacting your country's TPS 
designation remains in effect and in accordance with any relevant 
future Federal Register notices that DHS may issue respecting your 
country's TPS designation, or until your TPS is finally withdrawn for 
individual ineligibility under INA section 244(c), or the applicable 
TPS designation is terminated as discussed in the ``Possible Future 
Action'' section of this Federal Register notice.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my citizenship from El Salvador, Haiti, 
Nicaragua, Sudan, Honduras, or Nepal?

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation 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 citizenship or proof of 
re-registration for TPS when completing Form I-9 for new hires or 
reverifying the employment authorization of current employees. If you 
present an EAD that 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?

    See Table 4 in the question ``When hired, what documentation may I 
show to my employer as evidence of employment authorization and 
identity when completing Form I-9?'' to determine if your EAD has been 
automatically extended.
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter June 30, 
2024, as the expiration date; and
    b. Enter your USCIS number or A-Number where indicated. (Your EAD 
or other document from DHS will have your USCIS number or A-Number 
printed on it; the USCIS number is the same as your A-Number without 
the A prefix).
    2. For Section 2, employers should:
    a. Determine if your EAD has been automatically extended by using 
Table 4 in the question ``When hired, what documentation may I show to 
my employer as evidence of employment authorization and identity when 
completing Form I-9?''
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write June 30, 2024, as the expiration date.
    Before the start of work on July 1, 2024, 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 
employment authorization has been automatically extended?

    If you presented a TPS-related EAD that was valid when you first 
started your job and USCIS has 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. See Table 4 in the question ``When hired, what 
documentation may I show to my employer as evidence of employment 
authorization and identity when completing Form I-9?'' to determine if 
your EAD has been automatically extended. 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 June 30, 2024, 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 should 
not reverify an employee until either this notice's automatic 
extension of EADs has ended, or the employee presents a new document 
to show continued employment authorization, whichever is sooner. By 
July 1, 2024, when the employee's automatically extended EAD has 
expired, employers are required by law to reverify the employee's 
employment authorization in Section 3.

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

    Employers may create a case in E-Verify for a new employee by 
entering the number from the Document Number field and the date from 
the Expiration Date field on Form I-9 into the Document Number and 
Expiration Date fields in E-Verify. Employers should ensure that they 
entered June 30, 2024, as the expiration date for EADs that have been 
automatically extended under this Federal Register notice on both the 
employee's Form I-9 and their E-Verify case.

[[Page 68724]]

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

    E-Verify has automated the verification process for TPS-related 
EADs that USCIS has automatically extended. If you have employees who 
provided a TPS-related EAD when they first started working for you, you 
will receive a ``Work Authorization Documents Expiring'' case alert 
when the auto-extension period for this EAD is about to expire. Before 
this employee starts work on July 1, 2024, you must reverify their 
employment authorization on Form I-9. Employers may not use E-Verify 
for reverification.

If I already have TPS for Haiti or Sudan, do I need to apply under the 
new TPS designation for Haiti or Sudan?

    TPS beneficiaries under the Haiti and Sudan designations whose TPS 
has been continued pursuant to court orders, and as described in this 
notice, are strongly encouraged to apply for TPS before the close of 
the registration period on February 3, 2023 and October 19, 2023, 
respectively, following the instructions in the August 3, 2021 Federal 
Register notice regarding the new Designation of Haiti for Temporary 
Protected Status at 86 FR 41863 or the April 19, 2022 Federal Register 
notice regarding the new Designation for Sudan for Temporary Protected 
Status at 87 FR 23202, respectively. Eligible individuals are strongly 
encouraged to apply at the earliest practicable date, to ensure that 
their TPS continues beyond the court-ordered extensions and without any 
gaps in status.
    If you are found eligible for TPS under the new Haiti or Sudan 
designations, your TPS will continue through February 3, 2023 and 
October 19, 2023, respectively, even if the current court order in 
Ramos that continues TPS is no longer in effect.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Federal Register notice 
does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at 
[email protected]. USCIS accepts calls and emails in English and 
many other languages. For questions about avoiding discrimination 
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice's Civil 
Rights Division, Immigrant and Employee Rights Section (IER) Employer 
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language 
interpretation in numerous languages. Employers may also email IER at 
[email protected].

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at [email protected]. USCIS accepts calls in 
English, Spanish, and many other languages. Employees or applicants may 
also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, including discrimination 
related to Form I-9 and E-Verify. The IER Worker Hotline provides 
language interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, 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'' (mismatch) must 
promptly inform employees of the mismatch and give such employees an 
opportunity to take action to resolve the mismatch. A Tentative 
Nonconfirmation case result means that the information entered into E-
Verify from an employee's Form I-9 differs from records available to 
DHS.
    Employers may not terminate, suspend, delay training, withhold or 
lower pay, or take any other adverse action against an employee because 
of a mismatch while the case is still pending with E-Verify. A Final 
Nonconfirmation (FNC) case result is received when E-Verify cannot 
verify an employee's employment eligibility. An employer may terminate 
employment based on a case result of FNC. Work-authorized employees who 
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination 
or to report an employer for discrimination in the E-Verify process 
based on citizenship, immigration status, or national origin, contact 
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Form I-9 and E-Verify 
procedures is available on the IER website at https://www.justice.gov/ier and on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.

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

    For Federal purposes, if you present an automatically extended EAD 
as referenced in this Federal Register notice, you do not need to show 
any other document, such as a Form I-797C, Notice of Action reflecting 
receipt of a Form I-765 EAD renewal application or this Federal 
Register notice, to prove that you 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 whether you have TPS or other immigration status. Examples of 
such documents are:
     Your current EAD;
     Your continued EAD with a TPS category code of A-12 or C-
19 and an expiration date shown in Table 3 in the question ``Am I 
eligible to receive an automatic extension of my current EAD using this 
Federal Register notice?'' even if your country of birth noted on the 
EAD does not reflect one of these TPS designated countries; or
     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 or Form I-797C, Notice of Action, reflecting 
approval or receipt of a past or current Form I-821.
    Check with the government agency requesting documentation regarding 
which document(s) the agency will

[[Page 68725]]

accept. Some Federal, State and local government agencies use the USCIS 
Systematic Alien Verification for Entitlements Program (SAVE) program 
to confirm the current immigration status of applicants for public 
benefits.
    While SAVE can verify that an individual has TPS, each agency's 
procedures govern whether they will accept an unexpired EAD, Form I-
797, Form I-797C, or Form I-94, Arrival/Departure Record. If an agency 
accepts the type of TPS-related document you present, such as an EAD, 
the agency should accept your automatically extended TPS-related 
document, regardless of your country of birth. It may assist the agency 
if you:
    a. Give the agency a copy of this Federal Register notice showing 
the extension of TPS-related documentation, in addition to your most 
recent TPS-related document with your A-Number 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 https://save.uscis.gov/casecheck/. CaseCheck is a free 
service that lets you follow the progress of your SAVE verification 
case using your date of birth and one immigration identifier number (A-
Number, USCIS number, or Form I-94 number) or Verification Case 
Number). If an agency has denied your application based solely or in 
part on a SAVE response, the agency must offer you the opportunity to 
appeal the decision in accordance with the agency's procedures. If the 
agency has received and acted upon or will act upon a SAVE verification 
case and you do not believe the SAVE response is correct, the SAVE 
website, https://www.uscis.gov/save, has 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. 2022-24984 Filed 11-10-22; 5:15 pm]
BILLING CODE 9111-97-P

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