Designation of Ethiopia for Temporary Protected Status, 76074-76081 [2022-26880]
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Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Notices
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0067]
Agency Information Collection
Activities; Extension, Without Change,
of a Currently Approved Collection:
Application for Asylum and for
Withholding of Removal
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 January 11, 2023.
ADDRESSES: 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–2007–0034. All
submissions received must include the
OMB Control Number 1615–0067 in the
body of the letter, the agency name and
Docket ID USCIS–2007–0034.
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:
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SUMMARY:
Comments
The information collection notice was
previously published in the Federal
Register on September 26, 2022, at 87
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FR 58367, allowing for a 60-day public
comment period. USCIS did receive 5
comments in connection with the 60day 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–2007–0034 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: Extension, without change, of
a currently approved collection.
(2) Title of the Form/Collection:
Application for Asylum and for
Withholding of Removal.
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(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: I–589; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. Form I–589 is necessary to
determine whether an alien applying for
asylum and/or withholding of removal
in the United States is classified as
refugee and is eligible to remain in the
United States.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–589 is approximately
85,500 and the estimated hour burden
per response is 12 hours per response;
the estimated total number of
respondents for the information
collection I–589 (online filing) is
approximately 28,500 and the estimated
hour burden per response is 11 hours
per response, and the estimated number
of respondents providing biometrics is
110,000 and the estimated hour burden
per response is 1.17 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 1,468,200 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $46,968,000.
Dated: December 6, 2022.
Samantha L Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2022–26884 Filed 12–9–22; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2706–21; DHS Docket No. USCIS–
2022–0014]
RIN 1615–ZB96
Designation of Ethiopia for Temporary
Protected Status
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice of Temporary Protected
Status (TPS) designation.
AGENCY:
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Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Notices
Through this notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
designating Ethiopia for Temporary
Protected Status (TPS) for 18 months,
beginning on December 12, 2022 and
ending on Wednesday, June 12, 2024.
This designation allows Ethiopian
nationals (and individuals having no
nationality who last habitually resided
in Ethiopia) who have continuously
resided in the United States since
October 20, 2022, and who have been
continuously physically present in the
United States since December 12, 2022
to apply for TPS.
DATES:
Designation of Ethiopia for TPS: The
18-month designation of Ethiopia for
TPS begins on December 12, 2022 and
will remain in effect for 18 months,
ending Wednesday, June 12, 2024.
Registration: The registration period
for individuals to submit TPS
applications under the designation of
Ethiopia for TPS begins on December
12, 2022 and will remain in effect
through Wednesday, June 12, 2024.
FOR FURTHER INFORMATION CONTACT: You
may contact Rena´ Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of
Policy and Strategy, U.S. Citizenship
and Immigration Services, Department
of Homeland Security, by mail at 5900
Capital Gateway Drive, Camp Springs,
MD 20746, or by phone at 800–375–
5283.
For further information on TPS,
including guidance on the registration
process and additional information on
eligibility, please visit the USCIS TPS
web page at https://www.uscis.gov/tps.
You can find specific information about
Ethiopia’s TPS designation by selecting
‘‘Ethiopia’’ from the menu on the left
side of the TPS web page.
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 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://uscis.gov,
or visit the USCIS Contact Center at
https://www.uscis.gov/contactcenter.
Further information will also be
available at local USCIS offices upon
publication of this notice.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Table of Abbreviations
BIA—Board of Immigration Appeals
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CFR—Code of Federal Regulations
DHS—U.S. Department of Homeland
Security
DOS—U.S. Department of State
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
Form I–131—Application for Travel
Document
Form I–765—Application for Employment
Authorization
Form I–797—Notice of Action
Form I–821—Application for Temporary
Protected Status
Form I–9—Employment Eligibility
Verification
Form I–912—Request for Fee Waiver
Form I–94—Arrival/Departure Record
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
Purpose of This Action (TPS)
Through this notice, DHS sets forth
procedures necessary for nationals of
Ethiopia (or individuals having no
nationality who last habitually resided
in Ethiopia) to submit an initial
registration application under the
designation and apply for an
Employment Authorization Document
(EAD).
Under this designation, individuals
may submit an initial application during
the initial registration period that runs
from December 12, 2022 and runs
through the full length of the
designation period ending Wednesday,
June 12, 2024.1 In addition to
demonstrating continuous residence in
the United States since October 20, 2022
and meeting other eligibility criteria,
initial applicants for TPS under this
designation must demonstrate that they
have been continuously physically
present in the United States since
1 In general, individuals must be given an initial
registration period of no less than 180 days to
register for TPS, but the Secretary has discretion to
provide for a longer registration period. See INA
§ 244(c)(1)(A)(iv). In keeping with the humanitarian
purpose of TPS and advancing the goal of ensuring
‘‘the Federal Government eliminates . . . barriers
that prevent immigrants from accessing government
services available to them’’ under Executive Order
14012, Restoring Faith in Our Legal Immigration
Systems and Strengthening Integration and
Inclusion Efforts for New Americans, 86 FR 8277
(Feb. 5, 2021), the Secretary has exercised his
discretion to provide for a TPS initial registration
period that coincides with the full period of
Ethiopia’s designation.
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December 12, 2022,2 the effective date
of this designation of Ethiopia, before
USCIS may grant them TPS. DHS
estimates that approximately 26,730
individuals may become eligible for TPS
under the designation of Ethiopia.
What is Temporary Protected Status
(TPS)?
• TPS is a temporary immigration
status granted to eligible nationals of a
foreign state designated for TPS under
the INA, or to eligible individuals
without nationality who last habitually
resided in the designated foreign state,
regardless of their country of birth.
• During the TPS designation period,
TPS beneficiaries are eligible to remain
in the United States, may not be
removed, and are authorized to work so
long as they continue to meet the
requirements of TPS. They may apply
for and receive EADs as evidence of
employment authorization.
• TPS beneficiaries may also apply
for and be granted travel authorization
as a matter of DHS discretion.
• To qualify for TPS, beneficiaries
must meet the eligibility standards at
INA sections 244(c)(1)–(2), 8 U.S.C.
1254a(c)(1)–(2).
• When the Secretary terminates a
foreign state’s TPS designation,
beneficiaries return to one of the
following:
Æ The same immigration status or
category that they maintained before
TPS, if any (unless that status or
category has since expired or
terminated); or
Æ Any other lawfully obtained
immigration status or category they
received while registered for TPS, as
long as it is still valid beyond the date
TPS terminates.
What authority does the Secretary have
to designate Ethiopia for TPS?
Section 244(b)(1) of the INA, 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate
agencies of the U.S. Government, to
designate a foreign state (or part thereof)
for TPS if the Secretary determines that
certain country conditions exist.3 The
2 The ‘‘continuous physical presence date’’ (CPP)
is the effective date of the most recent TPS
designation of the country, which is either the
publication date of the designation announcement
in the Federal Register or such later date as the
Secretary may establish. The ‘‘continuous residence
date’’ (CR) is any date established by the Secretary
when a country is designated (or sometimes
redesignated) for TPS. See INA § 244(b)(2)(A)
(effective date of designation); Id. §§ 244(c)(1)(A)(i)–
(ii) (discussing CR and CPP date requirements).
3 INA § 244(b)(1) assigns this power to the
Attorney General. Congress transferred this
authority from the Attorney General to the Secretary
of Homeland Security. See Homeland Security Act
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Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Notices
decision to designate any foreign state
(or part thereof) is a discretionary
decision, and there is no judicial review
of any determination with respect to the
designation, termination, or extension of
a designation. See INA § 244(b)(5)(A); 8
U.S.C. 1254a(b)(5)(A).4 The Secretary, in
his or her discretion, may then grant
TPS to eligible nationals of that foreign
state (or individuals having no
nationality who last habitually resided
in the designated foreign state). See INA
§ 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
At least 60 days before the expiration
of a foreign state’s TPS designation or
extension, the Secretary, after
consultation with appropriate U.S.
Government agencies, must review the
conditions in the foreign state
designated for TPS to determine
whether they continue to meet the
conditions for the TPS designation. See
INA § 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). If the Secretary
determines that the foreign state
continues to meet the conditions for
TPS designation, the designation will be
extended for an additional period of 6
months or, in the Secretary’s discretion,
12 or 18 months. See INA § 244(b)(3)(A),
(C), 8 U.S.C. 1254a(b)(3)(A), (C). If the
Secretary determines that the foreign
state no longer meets the conditions for
TPS designation, the Secretary must
terminate the designation. See INA
§ 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why was Ethiopia designated for TPS?
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DHS has reviewed country conditions
in Ethiopia. Based on this review,
including input received from
Department of State (DOS) and other
U.S. Government agencies, the Secretary
has determined that an 18-month TPS
designation is warranted because
ongoing armed conflict and
extraordinary and temporary conditions
support Ethiopia’s TPS designation.
of 2002, Public Law 107–296, 116 Stat. 2135. The
Secretary may designate a country (or part of a
country) for TPS on the basis of ongoing armed
conflict such that returning would pose a serious
threat to the personal safety of the country’s
nationals and habitual residents, environmental
disaster (including an epidemic), or extraordinary
and temporary conditions in the country that
prevent the safe return of the country’s nationals.
For environmental disaster-based designations,
certain other statutory requirements must be met,
including that the foreign government must request
TPS. A designation based on extraordinary and
temporary conditions cannot be made if the
Secretary finds that allowing the country’s nationals
to remain temporarily in the United States is
contrary to the U.S. national interest. Id., at
§ 244(b)(1).
4 This issue of judicial review is the subject of
litigation. See, e.g., Ramos v. Wolf, 975 F.3d 872
(9th Cir. 2020), petition for en banc rehearing filed
Nov. 30, 2020 (No. 18–16981).
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Overview
Ethiopia faces armed conflict in
multiple regions of the country resulting
in large-scale displacement. In addition,
Ethiopia has been experiencing severe
climatic shocks exacerbating
humanitarian concerns over access to
food, water, and healthcare.
Ethiopia’s civil war began in
November 2020, when a constitutional
dispute between Tigray and federal
leaders escalated into conflict amid a
prolonged power struggle.5 Since then,
Ethiopian forces and their allies have
been accused of pillaging and targeting
homes and civilian infrastructure
including businesses, hospitals, banks,
livestock, and harvests. Tigrayan forces
have been accused of these same actions
in other regions.6 By July 2021, the
conflict had spread to Tigray’s
neighboring regions of Afar and
Amhara.7 Human rights abuses by all
parties to the conflict have been
reported, including killings, torture,
gender-based violence, arbitrary or
unjust detentions, and there have also
been potential human trafficking
crimes.8 On March 24, 2022, the
Ethiopian federal government declared a
humanitarian truce, which the Tigray
forces reciprocated.
With the exception of some limited
clashes and shelling incidents, the
humanitarian truce held, and the
violence drastically decreased.9
Humanitarian convoy movements to
Tigray resumed on April 1, 2022 and
continued until August 2022.10 On
August 24, 2022, a resumption of
hostilities marked the breach of the fivemonth truce.11 On September 1, 2022,
Tigray authorities stated that the
Ethiopian and Eritrean forces had
launched major offensives into the
5 International Crisis Group, Avoiding the Abyss
as War Resumes in Northern Ethiopia (Sept. 7,
2022), https://www.crisisgroup.org/africa/hornafrica/ethiopia/avoiding-abyss-war-resumesnorthern-ethiopia.
6 Human Rights Watch (HRW), Confronting
Ethiopia’s Abusive Siege (Sept. 2, 2022), https://
www.hrw.org/the-day-in-human-rights/2022/09/02.
7 HRW, Ethiopia’s Other Conflict (July 4, 2022),
https://www.hrw.org/news/2022/07/04/ethiopiasother-conflict.
8 Id. Also, Department of State, 2022 Trafficking
in Persons Report (July 19, 2022), https://
www.state.gov/reports/2022-trafficking-in-personsreport/.
9 Id.
10 UN Office for the Coordination of
Humanitarian Affairs, Ethiopia—Situation Report,
05 Aug 2022 (July 22, 2022), https://reliefweb.int/
report/ethiopia/ethiopia-situation-report-05-aug2022.
11 International Crisis Group, Avoiding the Abyss
as War Resumes in Northern Ethiopia (Sept. 7,
2022), https://www.crisisgroup.org/africa/hornafrica/ethiopia/avoiding-abyss-war-resumesnorthern-ethiopia.
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northwestern Tigray region.12 In an
African Union-led process, the
Government of Ethiopia and the TPLF
signed a cessation of hostilities
agreement on November 2, 2022.13
While this agreement is an important
initial step in curbing violence in
northern Ethiopia, it does not address
violence in other parts of Ethiopia,
and—as of early November 2022—there
remains significant humanitarian
suffering as a result of the two-year
conflict.14
Insurgencies are ongoing in Oromia,
Benshangul-Gumuz and Gambella
regions of Ethiopia.15 Since 2019,
Ethiopian government forces and the
Oromo Liberation Army (OLA),16 also
known as the OLF-Shane/Shene, have
engaged in clashes in western Oromia.
This fighting has resulted in allegations
of serious human rights abuses.
Government forces have been accused of
extrajudicial killings and arbitrary
arrests and detentions of Oromos and
have at times cut communications in the
area. The OLA has been accused of
killing government officials and
attacking non-military government
offices.17 Deepening insurgencies have
also led to increased violence reportedly
targeting civilians. This is particularly
evident in Oromia. On June 18, 2022,
over 330 Amhara civilians were
reportedly killed by suspected OLA
gunmen in Oromia.18 Armed Conflict
12 Id.
13 UN News, Ethiopia: Peace agreement between
Government and Tigray ’a critical first step’:
Guterres, Nov. 2, 2022, available at https://
news.un.org/en/story/2022/11/1130137 (last
accessed Nov. 17, 2022).
14 Cecelia Macaulay and Anne Soy, BBC News,
Ethiopia’s Tigray conflict: Truce agreed, Nov. 2,
2022, available at https://www.bbc.com/news/
world-africa-63490546 (last accessed Nov. 17,
2022).
15 ACLED, Multiple Complications Threaten to
Result in a Dangerous Re-escalation (Aug. 15,
2022), https://acleddata.com/10-conflicts-to-worryabout-in-2022/ethiopia/mid-year-update/.
16 In September 2018, leaders of a formerly exiled
opposition group, the Oromo Liberation Front
(OLF), returned to Ethiopia with the support of
Prime Minister Abiy’s government. However, since
the OLF’s return, the Ethiopian government has
been engaged in conflict with ‘‘armed groups
associated with it in western Oromia.’’ The Oromo
Liberation Army (OLA), also known as the OLFShane/Shene faction, is an armed group that
splintered from the OLF. See Canada: Immigration
and Refugee Board of Canada, Ethiopia: The Oromo
Liberation Front (OLF), including origin, mandate,
leadership, structure, legal status, and membership;
treatment of members and supporters by authorities
(2014–2015) (May 7, 2015), https://
www.refworld.org/docid/5696030f4.html.
17 HRW, Ethiopia: Civilians in Western Oromia
Left Unprotected (Aug. 31, 2022), https://
www.hrw.org/news/2022/08/31/ethiopia-civilianswestern-oromia-left-unprotected.
18 ACLED, Multiple Complications Threaten to
Result in a Dangerous Re-escalation (Aug. 15,
2022), https://acleddata.com/10-conflicts-to-worryabout-in-2022/ethiopia/mid-year-update/.
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Location and Event Data Project
(ACLED) data indicate that over 230
alleged incidents of civilians being
targeted were reported in Ethiopia
during the first six months of 2022. This
reportedly resulted in more than 1,220
fatalities, with over 810 of these
fatalities (66%) occurring in Oromia.19
Violence in Ethiopia has caused many
to flee their homes and has exacerbated
existing humanitarian concerns
regarding access to food, water, and
healthcare. The United Nations Office of
Humanitarian Affairs (UNOCHA) noted
that regional violence remained a
critical concern across Ethiopia, from
Benishangul-Gumuz to Oromia to
Tigray.20 In the Amhara region, ongoing
violence also remains unabated
throughout the region, and along its
regional borders with BenishangulGumuz, Oromia, and Tigray, resulting in
displacement.21 A September 2022
UNOCHA report stated: ‘‘more than 20
million people affected by violence as
well as climatic shocks . . . require
humanitarian assistance and protection
services until the end of 2022.’’ 22 In
July 2022, the UN Children’s Fund
(UNICEF) estimated that 29.7 million
people are in need of humanitarian
assistance, including access to food,
water, and health services, in Ethiopia.
UNICEF also estimated that there were
2.75 million internally displaced
persons (IDPs) in Ethiopia.23 In
addition, the UN High Commissioner for
Refugees (UNHCR) estimated that there
are more than 59,500 Ethiopian refugees
in eastern Sudan who have fled violence
in Ethiopia.24
Ethiopia faces massive displacement
of persons due to armed conflict,
intercommunal violence, natural
disasters, and impacts of climate
change.25 Since June 2020, more than
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19 Id.
20 UNOCHA, Humanitarian Needs OverviewEthiopia, February 21, 2021, pg. 20, https://
www.acaps.org/sites/acaps/files/key-documents/
files/ethiopia_2021_humanitarian_needs_overviewcompressed.pdf.
21 UNOCHA, Ethiopia: Humanitarian Access
Snapshot (January–June 2021), July 30, 2021,
https://reliefweb.int/report/ethiopia/ethiopiahumanitarian-access-snapshot-january-june-2021.
22 UNOCHA, Ethiopia Situation Overview (Sept.
7, 2022), https://reports.unocha.org/en/country/
ethiopia/card/5EhBh4Xf5z/.
23 UNICEF, Ethiopia Humanitarian Situation
Report No. 7 (July 2022), https://www.unicef.org/
media/126921/file/Ethiopia%20Humanitarian
%20Situation%20Report%20No.%207,%20July
%202022.pdf.
24 UNOCHA, Sudan: East Sudan (Kassala &
Gedaref) & Blue Nile States—Ethiopian Emergency
Situation Update (as of 31 August 2022), (Sept. 14,
2022), https://reliefweb.int/report/sudan/sudaneast-sudan-kassala-gedaref-blue-nile-statesethiopian-emergency-situation-update-31-august2022.
25 UNOCHA, Response to Internal Displacement
in Ethiopia Fact Sheet—January to March 2022,
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120,000 people have been displaced due
to insecurity in the Benishangul-Gumuz
region.26 In the Tigray region, over 2
million people [out of a population of 6
million],27 have been displaced due to
the ongoing conflict between the
Ethiopian government and TPLF.28
An August 2022 report by the UN
Food and Agriculture Organization
(FAO) stated that, in 2022, 20.4 million
people are estimated to be severely food
insecure, which is 2.4 million more than
in 2021.29 In the Tigray region alone,
almost 5.3 million people are estimated
to be severely food insecure, according
to the same report.30 A September 2022
UNOCHA report stated that 9.9 million
people required food assistance and 2.9
million children and pregnant and
lactating women required nutrition
interventions until the end of 2022.31 It
further stated that ‘‘the level of water
scarcity is alarming for both livestock
and human consumption.’’ 32
Sporadic measles outbreaks and
seasonal malaria cases have increased in
Southern Nations Nationalities and
People’s region, Southwest Ethiopia
People’s region (SWEPR) and Sidama
region, following the rainy season.33
Over 60 cases of measles and 56,000
cases of malaria were reported in July
2022.34 Areas experiencing conflict
have seen their local healthcare systems
severely damaged and diminished. A
July 2022 World Health Organization
(WHO) report stated that in the Tigray
region, just 22% of health facilities were
fully functioning, with 75% only
partially functioning, and 3% not
(May 19, 2022), https://reliefweb.int/report/
ethiopia/response-internal-displacement-ethiopiafact-sheet-january-march-2022 (Sept. 22, 2022).
26 UNOCHA, Humanitarian Needs Overview—
Ethiopia, February 21, 2021, pg. 20, https://
www.acaps.org/sites/acaps/files/key-documents/
files/ethiopia_2021_humanitarian_needs_overviewcompressed.pdf.
27 UNOCHA, Ethiopia: Humanitarian Access
Snapshot (January–June 2021), July 30, 2021,
https://reliefweb.int/report/ethiopia/ethiopiahumanitarian-access-snapshot-january-june-2021.
28 Id.
29 Food and Agriculture Organization of the
United Nations (FAO), GIEWS—Global Information
and Early Warning System, Country Briefs, Ethiopia
(Aug. 24, 2022), https://www.fao.org/giews/
countrybrief/country.jsp?code=ETH&lang=en.
30 UN FAO, GIEWS—Global Information and
Early Warning System, Country Briefs, Ethiopia
(Aug. 24, 2022), https://www.fao.org/giews/
countrybrief/country.jsp?code=ETH&lang=en.
31 UNOCHA, Ethiopia Drought Response July–
December 2022 (Revised) (Sept. 8, 2022), https://
reliefweb.int/report/ethiopia/ethiopia-droughtresponse-july-december-2022-revised.
32 Id.
33 UNICEF, Ethiopia Humanitarian Situation
Report No. 7 (July 2022), https://www.unicef.org/
media/126921/file/Ethiopia%20Humanitarian
%20Situation%20Report%20No.%207,%20July
%202022.pdf.
34 Id.
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76077
functioning at all.35 A June 2022 Doctors
Without Borders report stated that only
20% of health facilities in the Afar
region were reportedly functioning, ‘‘as
many are damaged, destroyed,
abandoned or without resources.’’ 36 As
of July 2022, only 23.3% of the
Ethiopia’s population was fully
vaccinated against COVID–19.37
Ethiopia has been experiencing
climate-induced shocks—primarily
drought and floods—that have generated
further displacement across the country
and exacerbated humanitarian concerns.
Since late 2020, Ethiopia has been
experiencing one of the most severe
droughts in the last forty years.38 An
August 2022 U.S. Agency for
International Development (USAID)
report stated that: ‘‘the likelihood of a
fifth consecutive poor rainy season in
2022 has significantly increased
concern. . .that already high levels of
acute food insecurity and malnutrition
in southern and southeastern Ethiopia
will continue through at least the first
half of 2023.’’ 39 Drought conditions
have resulted in widespread death of
livestock, a key source of food, milk,
and income for pastoralists.40 Between
March and April 2022, the International
Organization for Migration (IOM)
recorded 20% of all IDPs citing drought
as the primary cause of displacement.41
In April 2022, 7.2 million people in
Ethiopia were in need of food assistance
due to severe drought.42 Additionally,
in 2022, heavy rains from early August
to October caused flooding that
displaced at least 185,200 people and
affected an additional 79,631 people.43
35 WHO, Situation Report: Greater Horn of Africa
Drought and Food Insecurity Grade 3 Emergency
(July 29, 2022), https://cdn.who.int/media/docs/
default-source/documents/emergencies/who_ghoa_
sitrep_2022-08-08.pdf?sfvrsn=dbdfc8b0_
3&download=true.
36 Doctors Without Borders, Conflict and brought
spark a deadly malnutrition crisis in Ethiopia’s Afar
region (June 9, 2022), https://
www.doctorswithoutborders.org/latest/conflict-anddrought-spark-deadly-malnutrition-crisis-ethiopiasafar-region.
37 Reuters, COVID–19 Tracker: Ethiopia (July 15,
2022), https://graphics.reuters.com/worldcoronavirus-tracker-and-maps/countries-andterritories/ethiopia/.
38 UNOCHA, Ethiopia: Drought Update No. 4,
June 2022 (June 3, 2022), https://reliefweb.int/
report/ethiopia/ethiopia-drought-update-no-4-june2022.
39 USAID, Horn of Africa—Complex Emergency
(Aug. 19, 2022), https://www.usaid.gov/sites/
default/files/documents/2022-08-19_USG_Horn_of_
Africa_Complex_Emergency_Fact_Sheet_2.pdf.
40 Id.
41 Id.
42 World Food Program, Regional Drought
Response Plan for the Horn of Africa May-December
2022 (July 1, 2022), https://docs.wfp.org/api/
documents/WFP-0000140899/download/.
43 UNOCHA, Ethiopia: Gambella Region Flood
Update (As of 21 October 2022), (October 24, 2022),
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‘‘Assessments also revealed that 72 per
cent of cropland was damaged (mostly
the staple maize).’’ 44
In addition to violence and climatic
shocks, Ethiopia is facing economic
pressure, exacerbated by the ongoing
armed conflict.45 Annual inflation
remains high, driven by rising food and
fuel costs, which puts pressure on
households’ ability to access market
foods. Ethiopia is experiencing
insufficient foreign currency reserves
and the continuous depreciation of the
national currency, the Ethiopian birr.46
Annual inflation in July 2022 was at
33.5%, down slightly from June 2022.47
In summary, Ethiopia is experiencing
ongoing armed conflict in multiple
regions of the country as well as
extraordinary and temporary conditions
resulting from drought, flooding, food
insecurity, displacement of persons, and
other humanitarian concerns.
Notice of the Designation of Ethiopia for
TPS
By the authority vested in me as
Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after
consultation with the appropriate U.S.
Government agencies, the statutory
conditions supporting Ethiopia’s
designation for TPS on the basis of
ongoing armed conflict and
extraordinary and temporary conditions
are met. See INA § 244(b)(1)(A), 8 U.S.C.
1254a(b)(1)(A) and 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C). I estimate up to
approximately 26,730 individuals may
be eligible for TPS under the
designation of Ethiopia. On the basis of
this determination, I am designating
Ethiopia for TPS for 18 months,
beginning on December 12, 2022 and
ending on Wednesday, June 12, 2024.
See INA § 244(b)(1) and (b)(2); 8 U.S.C.
1254a(b)(1), and (b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
Eligibility and Employment
Authorization for TPS
Required Application Forms and
Application Fees To Register for TPS
To register for TPS based on the
designation of Ethiopia, you must
submit Form I–821, Application for
Temporary Protected Status, and pay
the filing fee (or request a fee waiver,
which you may submit on Form I–912,
Request for Fee Waiver). You may be
required to pay the biometric services
fee. If you can demonstrate an inability
to pay the biometric services fee, you
may request to have the fee waived.
Please see additional information under
the ‘‘Biometric Services Fee’’ section of
this notice.
TPS beneficiaries are eligible for an
EAD, which proves their authorization
to work in the United States. You are
not required to submit Form I–765,
Application for Employment
Authorization, or have an EAD to be
granted TPS, but see below for more
information if you want an EAD to use
as proof that you can work in the United
States.
For more information on the
application forms and fees for TPS,
please visit the USCIS TPS web page at
https://www.uscis.gov/tps. Fees for the
Form I–821, the Form I–765, and
biometric services are also described in
8 CFR 106.
How can TPS beneficiaries obtain an
Employment Authorization Document
(EAD)?
Every employee must provide their
employer with documentation showing
that they have the legal right to work in
the United States. TPS beneficiaries are
eligible for an EAD, which proves their
legal right to work. Those who want to
obtain an EAD must file a Form I–765,
Application for Employment
Authorization, and pay the Form I–765
fee (or request a fee waiver, which you
may submit on Form I–912, Request for
Fee Waiver). TPS applicants may file
this form along with their TPS
application, or at a later date, provided
their TPS application is still pending or
has been approved.
Refiling an Initial TPS Registration
Application After Receiving a Denial of
a Fee Waiver Request
If you receive a denial of a fee waiver
request, you must refile your Form I–
821 for TPS along with the required fees
during the registration period, which
ends on June 12, 2024. Meanwhile,
Form I–765 EAD applications with fee
payment may be filed at the same time
as your TPS application or at any later
date you decide you want to request an
EAD during the designation period,
which ends on Wednesday, June 12,
2024.
Filing Information
USCIS offers the option to applicants
for TPS under Ethiopia’s designation to
file Form I–821 and related requests for
EADs online or by mail. When filing a
TPS application, applicants can also
request an EAD by submitting a
completed Form I–765 with their Form
I–821.
Online filing: Form I–821 and I–765
are available for concurrent filing
online.48 To file these forms online, you
must first create a USCIS online
account.49
Mail filing: Mail your application for
TPS to the proper address in Table 1.
Table 1—Mailing Addresses
Mail your completed Form I–821,
Application for Temporary Protected
Status and Form I–765, Application for
Employment Authorization, Form I–
912, Request for Fee Waiver, if
applicable, and supporting
documentation to the proper address in
Table 1.
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TABLE 1—MAILING ADDRESSES
If . . .
Mail to . . .
You are using the U.S. Postal Service (USPS) .......................................
USCIS, Attn: TPS Ethiopia, P.O. Box 8635, Chicago, IL 60680–8635.
https://reliefweb.int/report/ethiopia/ethiopiagambella-region-flood-update-21-october2022#:∼:text=In%202022%2C%20heavy%20rains
%20from,(15%2C927%20households)%20were
%20affected.
44 Id.
45 Vivienne Nunis, BBC News, Ethiopia’s
economy battered by Tigray war, Aug. 30, 2021,
available at https://www.bbc.com/news/worldafrica-58319977 (last accessed Nov. 17, 2022); AP
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18:08 Dec 09, 2022
Jkt 259001
News, Ethiopia’s economy struggles as war reignites
in Tigray, Sept. 13, 2022, available at https://
apnews.com/article/africa-economy-governmentspending-kenya-826141a7a692574d9609462d
2549bffb (last accessed Nov. 17, 2022).
46 Food and Agriculture Organization of the
United Nations (FAO), GIEWS—Global Information
and Early Warning System, Country Briefs, Ethiopia
(Aug. 24, 2022), https://www.fao.org/giews/
countrybrief/country.jsp?code=ETH&lang=en.
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47 Famine Early Warning Systems Network
(FEWS NET), There is the potential for extreme
food insecurity in conflict and drought-affected
areas of Ethiopia (July 2022), https://fews.net/eastafrica/ethiopia/key-message-update/july-2022.
48 Find information about online filing at ‘‘Forms
Available to File Online,’’ https://www.uscis.gov/
file-online/forms-available-to-file-online.
49 https://myaccount.uscis.gov/users/sign_up.
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76079
TABLE 1—MAILING ADDRESSES—Continued
If . . .
Mail to . . .
You are using FedEx, UPS, or DHL ........................................................
USCIS, Attn: TPS Ethiopia (Box 8635), 131 S Dearborn—3rd Floor,
Chicago, IL 60603–5517.
If you were granted TPS by an
immigration judge (IJ) or the Board of
Immigration Appeals (BIA) and you
wish to request an EAD, please mail
your Form I–765 to the appropriate
mailing address in Table 1. When you
are requesting an EAD based on an IJ/
BIA grant of TPS, please include a copy
of the IJ or BIA order granting you TPS
with your application. This will help us
verify your grant of TPS and process
your application.
Supporting Documents
The filing instructions on the Form I–
821 list all the documents needed to
establish eligibility for TPS. You may
also find information on the acceptable
documentation and other requirements
for applying (that is, registering) for TPS
on the USCIS website at https://
www.uscis.gov/tps under ‘‘Ethiopia.’’
Travel
TPS beneficiaries may also apply for
and be granted travel authorization as a
matter of discretion. You must file for
travel authorization if you wish to travel
outside of the United States. If granted,
travel authorization gives you
permission to leave the United States
and return during a specific period. To
request travel authorization, you must
file Form I–131, Application for Travel
Document, available at https://
www.uscis.gov/i-131. You may file Form
I–131 together with your Form I–821 or
separately. When filing the Form I–131,
you must:
• Select Item Number 1.d. in Part 2
on the Form I–131; and
• Submit the fee for the Form I–131,
or request a fee waiver, which you may
submit on Form I–912, Request for Fee
Waiver.
If you are filing Form I–131 together
with Form I–821, send your forms to the
address listed in Table 1. If you are
filing Form I–131 separately based on a
pending or approved Form I–821, send
your form to the address listed in Table
2 and include a copy of Form I–797 for
the approved or pending Form I–821
TABLE 2—MAILING ADDRESSES
If you are . . .
Mail to . . .
Filing Form I–131 together with a Form I–821, Application for Temporary Protected Status.
Filing Form I–131 based on a pending or approved Form I–821, and
you are using the U.S. Postal Service (USPS): You must include a
copy of the receipt notice (Form I–797C) showing we accepted or
approved your Form I–821.
Filing Form I–131 based on a pending or approved Form I–821, and
you are using FedEx, UPS, or DHL: You must include a copy of the
receipt notice (Form I–797C) showing we accepted or approved your
Form I–821.
The address provided in Table 1.
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Biometric Services Fee for TPS
Biometrics (such as fingerprints) are
required for all applicants 14 years of
age and older. Those applicants must
submit a biometric services fee. As
previously stated, if you are unable to
pay the biometric services fee, you may
request a fee waiver, which you may
submit on Form I–912, Request for Fee
Waiver. For more information on the
application forms and fees for TPS,
please visit the USCIS TPS web page at
https://www.uscis.gov/tps. If necessary,
you may be required to visit an
Application Support Center to have
your biometrics captured. For additional
information on the USCIS biometric
screening process, please see the USCIS
Customer Profile Management Service
Privacy Impact Assessment, available at
https://www.dhs.gov/publication/
dhsuscispia-060-customer-profilemanagement-service-cpms.
VerDate Sep<11>2014
18:08 Dec 09, 2022
Jkt 259001
USCIS, Attn: I–131 TPS, P.O. Box 660167, Dallas, TX 75266–0867.
USCIS, Attn: I–131 TPS, 2501 S State Hwy. 121 Business, Ste. 400,
Lewisville, TX 75067.
General Employment-Related
Information for TPS Applicants and
Their Employers
How can I obtain information on the
status of my TPS application and EAD
request?
To get case status information about
your TPS application, as well as the
status of your TPS-based EAD request,
you can check Case Status Online at
https://www.uscis.gov, or visit the
USCIS Contact Center at https://
www.uscis.gov/contactcenter. If your
Form I–765 has been pending for more
than 90 days, and you still need
assistance, you may ask a question
about your case online at https://
egov.uscis.gov/e-request/Intro.do or call
the USCIS Contact Center at 800–375–
5283 (TTY 800–767–1833).
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When I am hired, what documentation
may I show to my employer as evidence
of identity and employment
authorization when completing Form I–
9?
You can find the Lists of Acceptable
Documents on 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 document from
List A (which provides evidence of both
identity and employment authorization)
or one document from List B (which
provides evidence of your identity)
together with one document from List C
(which provides evidence of
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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.
If I have an EAD based on another
immigration status, can I obtain a new
TPS-based EAD?
Yes, if you are eligible for TPS, you
can obtain a new TPS-based EAD,
regardless of whether you have an EAD
or work authorization based on another
immigration status. If you want to
obtain a new TPS-based EAD valid
through June 12, 2024, then you must
file Form I–765, Application for
Employment Authorization, and pay the
associated fee (unless USCIS grants your
fee waiver request).
lotter on DSK11XQN23PROD with NOTICES1
Can my employer require that I provide
any other documentation such as
evidence of my status or proof of my
Ethiopian citizenship or a Form I–797
showing that I registered for TPS for
Form I–9 completion?
No. When completing Form I–9,
employers must accept any
documentation you choose to present
from the Form I–9 Lists of Acceptable
Documents that reasonably appears to
be genuine and that relates to you, or an
acceptable List A, List B, or List C
receipt. Employers need not reverify
List B identity documents. Employers
may not request proof of Ethiopian
citizenship or proof of registration for
TPS when completing Form I–9 for new
hires or reverifying the employment
authorization of current employees.
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.
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
VerDate Sep<11>2014
18:08 Dec 09, 2022
Jkt 259001
verification process, employers may call
USCIS at 888–464–4218 (TTY 877–875–
6028) or email USCIS at I-9Central@
uscis.dhs.gov. USCIS accepts calls and
emails in English and many other
languages. For questions about avoiding
discrimination during the employment
eligibility verification process (Form I–
9 and E-Verify), employers may call the
U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee
Rights Section (IER) Employer Hotline
at 800–255–8155 (TTY 800–237–2515).
IER offers language interpretation in
numerous languages. Employers may
also email IER at IER@usdoj.gov.
Note to Employees
For general questions about the
employment eligibility verification
process, employees may call USCIS at
888–897–7781 (TTY 877–875–6028) or
email USCIS at I-9Central@
uscis.dhs.gov. USCIS accepts calls in
English, Spanish and many other
languages. Employees or job applicants
may also call the IER Worker Hotline at
800–255–7688 (TTY 800–237–2515) for
information regarding employment
discrimination based on citizenship,
immigration status, or national origin,
including discrimination related to
Form I–9 and E-Verify. The IER Worker
Hotline provides language interpretation
in numerous languages.
To comply with the law, employers
must accept any document or
combination of documents from the
Lists of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt as described in the Form I–9
Instructions. Employers may not require
extra or additional documentation
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 mismatch means that the
information entered into E-Verify from
Form I–9 differs from records available
to DHS.
Employers may not terminate,
suspend, delay training, withhold or
lower pay, or take any adverse action
against an employee because of a
mismatch while the case is still pending
with E-Verify. A Final Nonconfirmation
(FNC) case result is received when EVerify cannot confirm an employee’s
employment eligibility. An employer
may terminate employment based on a
case result of FNC. Work-authorized
employees who receive an FNC may call
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Sfmt 4703
USCIS for assistance at 888–897–7781
(TTY 877–875–6028). For more
information about E-Verify-related
discrimination or to report an employer
for discrimination in the E-Verify
process based on citizenship,
immigration status, or national origin,
contact IER’s Worker Hotline at 800–
255–7688 (TTY 800–237–2515).
Additional information about proper
nondiscriminatory Form I–9 and EVerify procedures is available on the
IER website at https://www.justice.gov/
crt/immigrant-and-employee-rightssection and 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, individuals
approved for TPS may show their Form
I–797, Notice of Action, indicating
approval of their Form I–821
application, or EAD with category code
of their A–12 or C–19 EAD to prove that
they have TPS. However, while Federal
Government agencies must follow the
guidelines laid out by the Federal
Government, State and local
government agencies establish their own
rules and guidelines when granting
certain benefits. Each state may have
different laws, requirements, and
determinations about what documents
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
that may be used by DHS to determine
if you have TPS or another immigration
status. Examples of such documents are:
• Your new EAD with a TPS category
code of A–12 or C–19, even if your
country of birth noted on the EAD does
not reflect the TPS designated country
of Ethiopia;
• Your Form I–94, Arrival/Departure
Record;
• Your Form I–797, Notice of Action,
reflecting approval of your Form I–765;
or
• Your Form I–797 or Form I–797C,
Notice of Action, reflecting approval or
receipt of a current Form I–821, if you
received one from USCIS.
Check with the government agency
requesting documentation regarding
which document(s) the agency will
accept. Some State and local
government agencies use the SAVE
program to confirm the current
immigration status of applicants for
public benefits.
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Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Notices
SAVE can verify when an individual
has TPS based on the documents above.
In most cases, SAVE provides an
automated electronic response to
benefit-granting agencies within
seconds, but occasionally verification
can be delayed.
You can check the status of your
SAVE verification by using CaseCheck
at https://www.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 on or will act on a
SAVE verification 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. 2022–26880 Filed 12–9–22; 8:45 am]
BILLING CODE 9111–97–P
Notice of Senior Executive Service
Performance Review Board
Appointments
Office of the Secretary, Interior.
Notice of appointments.
AGENCY:
This notice provides the
names of individuals appointed to serve
on the Department of the Interior Senior
Executive Service (SES) Performance
Review Board.
DATES: These appointments take effect
upon publication in the Federal
Register.
SUMMARY:
To
request additional information about
this notice, contact Mark Green, Deputy
Assistant Secretary—Human Capital
and Diversity/Chief Human Capital
Officer, by email at Mark_Green@
ios.doi.gov, or by telephone at (202)
208–3100.
SUPPLEMENTARY INFORMATION: The
individuals appointed to serve on the
Department of the Interior SES
FOR FURTHER INFORMATION CONTACT:
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[FR Doc. 2022–26885 Filed 12–9–22; 8:45 am]
BILLING CODE 4334–63–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[L51010000.FX0000.LVRWF2108220.21X.
LLNVS010000; N–100224; MO#4500167449]
Notice of Segregation of Public Land
for the Bonanza Solar Project, Clark
County, NV
Through this notice the
Bureau of Land Management (BLM) is
segregating public lands for the Bonanza
Solar Project right-of-way application
from appropriation under the public
land laws, including the Mining Law,
but not the Mineral Leasing or Material
Sales Acts, for a period of 2 years from
the date of publication of this notice,
subject to valid existing rights. This
segregation is to allow for the orderly
administration of the public lands to
facilitate consideration of development
of renewable energy resources. The
public lands segregated by this notice
total 6,239 acres.
DATES: This segregation for the lands
identified in this notice is effective on
December 12, 2022.
FOR FURTHER INFORMATION CONTACT: For
further information, and/or to have your
name added to the mailing list, send
requests to: Gregory L. Helseth, Branch
Chief, at telephone 775–821–6477; 1340
Financial Boulevard, Reno, NV 89502;
or email ghelseth@blm.gov. Individuals
in the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
SUMMARY:
[233D0102DM, DS6CS00000,
DLSN00000.000000, DX.6CS25]
19:30 Dec 09, 2022
Authority: Title 5, U.S. Code, 4314.
Mark D. Green,
Deputy Assistant Secretary—Human Capital
and Diversity, Chief Human Capital Officer.
Bureau of Land Management,
Interior.
ACTION: Notice of segregation.
Office of the Secretary
VerDate Sep<11>2014
ANDERSON, JAMES
CONANT, ERNEST
EGGERS, BARBARA
FORD, JEROME
GIDNER, JEROLD
HARTLEY, DEBORAH
KEABLE, EDWARD
MATRAGRANO, KAREN
PFEIFFER, TAMARAH
POITRA, TAMMIE
SHOPE, THOMAS
SIMMONS, SHAYLA
WERKHEISER, WILLIAM
WEYERS, HOLLY
AGENCY:
DEPARTMENT OF THE INTERIOR
ACTION:
Performance Review Board are as
follows:
Jkt 259001
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
76081
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION:
Regulations found at 43 CFR 2091.3–
1(e) and 43 CFR 2804.25(f) allow the
BLM to temporarily segregate public
lands within a right-of-way application
area for solar energy development from
the operation of the public land laws,
including the Mining Law, by
publication of a Federal Register notice.
The BLM uses this temporary
segregation authority to preserve its
ability to approve, approve with
modifications, or deny proposed rightsof-way, and to facilitate the orderly
administration of the public lands. This
temporary segregation is subject to valid
existing rights, including existing
mining claims, located before this
segregation notice. Licenses, permits,
cooperative agreements, or discretionary
land use authorizations of a temporary
nature which would not impact lands
identified in this notice may be allowed
with the approval of an authorized
officer of the BLM during the
segregation period. The lands segregated
under this notice are legally described
as follows:
Mount Diablo Meridian, Nevada
T. 16 S., R. 54 E.,
Sec. 12, S1⁄2NE1⁄4SE1⁄4, SE1⁄4NW1⁄4SE1⁄4,
E1⁄2SW1⁄4SE1⁄4, and SE1⁄4SE1⁄4;
Sec. 13, NE1⁄4NE1⁄4, E1⁄2NW1⁄4NE1⁄4,
E1⁄2SW1⁄4NE1⁄4, SE1⁄4NE1⁄4,
N1⁄2NE1⁄4SE1⁄4, and NE1⁄4NW1⁄4SE1⁄4.
T. 16 S., R. 55 E.,
Sec. 7, lots 3 and 4, S1⁄2NE1⁄4SW1⁄4,
SE1⁄4SW1⁄4, SW1⁄4NW1⁄4SE1⁄4, and
S1⁄2SE1⁄4;
Sec. 8, S1⁄2SW1⁄4, S1⁄2SW1⁄4SE1⁄4, and
S1⁄2SE1⁄4SE1⁄4;
Sec. 9, S1⁄2SW1⁄4SW1⁄4, NE1⁄4SE1⁄4SW1⁄4,
S1⁄2SE1⁄4SW1⁄4, and S1⁄2SE1⁄4;
Sec. 10, S1⁄2NE1⁄4SW1⁄4, S1⁄2NW1⁄4SW1⁄4,
S1⁄2SW1⁄4, S1⁄2NE1⁄4SE1⁄4, S1⁄2NW1⁄4SE1⁄4,
and S1⁄2SE1⁄4;
Sec. 11, SE1⁄4SW1⁄4NE1⁄4, S1⁄2SE1⁄4NE1⁄4,
and S1⁄2;
Sec. 12, S1⁄2SW1⁄4NW1⁄4, S1⁄2SE1⁄4NW1⁄4,
and SW1⁄4;
Sec. 13, W1⁄2;
Secs. 14 thru 17;
Sec. 18, lots 1 thru 3, NE1⁄4, E1⁄2NW1⁄4,
NE1⁄4SW1⁄4, NE1⁄4SE1⁄4SW1⁄4, N1⁄2SE1⁄4,
N1⁄2SW1⁄4SE1⁄4, N1⁄2SE1⁄4SE1⁄4, and
SE1⁄4SE1⁄4SE1⁄4;
Sec. 19, NE1⁄4NE1⁄4NE1⁄4;
Sec. 20, N1⁄2NE1⁄4, NE1⁄4SW1⁄4NE1⁄4,
N1⁄2SE1⁄4NE1⁄4, N1⁄2NE1⁄4NW1⁄4,
SE1⁄4NE1⁄4NW1⁄4, and N1⁄2NW1⁄4NW1⁄4;
Sec. 21, NE1⁄4, N1⁄2NW1⁄4, N1⁄2SW1⁄4NW1⁄4,
SE1⁄4SW1⁄4NW1⁄4, SE1⁄4NW1⁄4,
NE1⁄4NE1⁄4SW1⁄4, N1⁄2NE1⁄4SE1⁄4, and
N1⁄2NW1⁄4SE1⁄4;
E:\FR\FM\12DEN1.SGM
12DEN1
]]>Agencies
[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Notices]
[Pages 76074-76081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26880]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2706-21; DHS Docket No. USCIS-2022-0014]
RIN 1615-ZB96
Designation of Ethiopia for Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) designation.
-----------------------------------------------------------------------
[[Page 76075]]
SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
designating Ethiopia for Temporary Protected Status (TPS) for 18
months, beginning on December 12, 2022 and ending on Wednesday, June
12, 2024. This designation allows Ethiopian nationals (and individuals
having no nationality who last habitually resided in Ethiopia) who have
continuously resided in the United States since October 20, 2022, and
who have been continuously physically present in the United States
since December 12, 2022 to apply for TPS.
DATES:
Designation of Ethiopia for TPS: The 18-month designation of
Ethiopia for TPS begins on December 12, 2022 and will remain in effect
for 18 months, ending Wednesday, June 12, 2024.
Registration: The registration period for individuals to submit TPS
applications under the designation of Ethiopia for TPS begins on
December 12, 2022 and will remain in effect through Wednesday, June 12,
2024.
FOR FURTHER INFORMATION CONTACT: You may contact Ren[aacute] Cutlip-
Mason, Chief, Humanitarian Affairs Division, Office of Policy and
Strategy, U.S. Citizenship and Immigration Services, Department of
Homeland Security, by mail at 5900 Capital Gateway Drive, Camp Springs,
MD 20746, or by phone at 800-375-5283.
For further information on TPS, including guidance on the
registration process and additional information on eligibility, please
visit the USCIS TPS web page at https://www.uscis.gov/tps. You can find
specific information about Ethiopia's TPS designation by selecting
``Ethiopia'' from the menu on the left side of the TPS web page.
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
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://uscis.gov, or visit the USCIS Contact Center at https://www.uscis.gov/contactcenter.
Further information will also be available at local USCIS offices
upon publication of this notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-131--Application for Travel Document
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
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
Purpose of This Action (TPS)
Through this notice, DHS sets forth procedures necessary for
nationals of Ethiopia (or individuals having no nationality who last
habitually resided in Ethiopia) to submit an initial registration
application under the designation and apply for an Employment
Authorization Document (EAD).
Under this designation, individuals may submit an initial
application during the initial registration period that runs from
December 12, 2022 and runs through the full length of the designation
period ending Wednesday, June 12, 2024.\1\ In addition to demonstrating
continuous residence in the United States since October 20, 2022 and
meeting other eligibility criteria, initial applicants for TPS under
this designation must demonstrate that they have been continuously
physically present in the United States since December 12, 2022,\2\ the
effective date of this designation of Ethiopia, before USCIS may grant
them TPS. DHS estimates that approximately 26,730 individuals may
become eligible for TPS under the designation of Ethiopia.
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\1\ In general, individuals must be given an initial
registration period of no less than 180 days to register for TPS,
but the Secretary has discretion to provide for a longer
registration period. See INA Sec. 244(c)(1)(A)(iv). In keeping with
the humanitarian purpose of TPS and advancing the goal of ensuring
``the Federal Government eliminates . . . barriers that prevent
immigrants from accessing government services available to them''
under Executive Order 14012, Restoring Faith in Our Legal
Immigration Systems and Strengthening Integration and Inclusion
Efforts for New Americans, 86 FR 8277 (Feb. 5, 2021), the Secretary
has exercised his discretion to provide for a TPS initial
registration period that coincides with the full period of
Ethiopia's designation.
\2\ The ``continuous physical presence date'' (CPP) is the
effective date of the most recent TPS designation of the country,
which is either the publication date of the designation announcement
in the Federal Register or such later date as the Secretary may
establish. The ``continuous residence date'' (CR) is any date
established by the Secretary when a country is designated (or
sometimes redesignated) for TPS. See INA Sec. 244(b)(2)(A)
(effective date of designation); Id. Sec. Sec. 244(c)(1)(A)(i)-(ii)
(discussing CR and CPP date requirements).
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What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state, regardless of their country of birth.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to work so long as they continue to meet the requirements of
TPS. They may apply for and receive EADs as evidence of employment
authorization.
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of DHS discretion.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA sections 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary terminates a foreign state's TPS
designation, beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.
What authority does the Secretary have to designate Ethiopia for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\3\ The
[[Page 76076]]
decision to designate any foreign state (or part thereof) is a
discretionary decision, and there is no judicial review of any
determination with respect to the designation, termination, or
extension of a designation. See INA Sec. 244(b)(5)(A); 8 U.S.C.
1254a(b)(5)(A).\4\ The Secretary, in his or her discretion, may then
grant TPS to eligible nationals of that foreign state (or individuals
having no nationality who last habitually resided in the designated
foreign state). See INA Sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\3\ INA Sec. 244(b)(1) assigns this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135. The Secretary may
designate a country (or part of a country) for TPS on the basis of
ongoing armed conflict such that returning would pose a serious
threat to the personal safety of the country's nationals and
habitual residents, environmental disaster (including an epidemic),
or extraordinary and temporary conditions in the country that
prevent the safe return of the country's nationals. For
environmental disaster-based designations, certain other statutory
requirements must be met, including that the foreign government must
request TPS. A designation based on extraordinary and temporary
conditions cannot be made if the Secretary finds that allowing the
country's nationals to remain temporarily in the United States is
contrary to the U.S. national interest. Id., at Sec. 244(b)(1).
\4\ This issue of judicial review is the subject of litigation.
See, e.g., Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition for
en banc rehearing filed Nov. 30, 2020 (No. 18-16981).
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At least 60 days before the expiration of a foreign state's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether they continue to
meet the conditions for the TPS designation. See INA Sec.
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
the foreign state continues to meet the conditions for TPS designation,
the designation will be extended for an additional period of 6 months
or, in the Secretary's discretion, 12 or 18 months. See INA Sec.
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
Sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why was Ethiopia designated for TPS?
DHS has reviewed country conditions in Ethiopia. Based on this
review, including input received from Department of State (DOS) and
other U.S. Government agencies, the Secretary has determined that an
18-month TPS designation is warranted because ongoing armed conflict
and extraordinary and temporary conditions support Ethiopia's TPS
designation.
Overview
Ethiopia faces armed conflict in multiple regions of the country
resulting in large-scale displacement. In addition, Ethiopia has been
experiencing severe climatic shocks exacerbating humanitarian concerns
over access to food, water, and healthcare.
Ethiopia's civil war began in November 2020, when a constitutional
dispute between Tigray and federal leaders escalated into conflict amid
a prolonged power struggle.\5\ Since then, Ethiopian forces and their
allies have been accused of pillaging and targeting homes and civilian
infrastructure including businesses, hospitals, banks, livestock, and
harvests. Tigrayan forces have been accused of these same actions in
other regions.\6\ By July 2021, the conflict had spread to Tigray's
neighboring regions of Afar and Amhara.\7\ Human rights abuses by all
parties to the conflict have been reported, including killings,
torture, gender-based violence, arbitrary or unjust detentions, and
there have also been potential human trafficking crimes.\8\ On March
24, 2022, the Ethiopian federal government declared a humanitarian
truce, which the Tigray forces reciprocated.
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\5\ International Crisis Group, Avoiding the Abyss as War
Resumes in Northern Ethiopia (Sept. 7, 2022), https://www.crisisgroup.org/africa/horn-africa/ethiopia/avoiding-abyss-war-resumes-northern-ethiopia.
\6\ Human Rights Watch (HRW), Confronting Ethiopia's Abusive
Siege (Sept. 2, 2022), https://www.hrw.org/the-day-in-human-rights/2022/09/02.
\7\ HRW, Ethiopia's Other Conflict (July 4, 2022), https://www.hrw.org/news/2022/07/04/ethiopias-other-conflict.
\8\ Id. Also, Department of State, 2022 Trafficking in Persons
Report (July 19, 2022), https://www.state.gov/reports/2022-trafficking-in-persons-report/.
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With the exception of some limited clashes and shelling incidents,
the humanitarian truce held, and the violence drastically decreased.\9\
Humanitarian convoy movements to Tigray resumed on April 1, 2022 and
continued until August 2022.\10\ On August 24, 2022, a resumption of
hostilities marked the breach of the five-month truce.\11\ On September
1, 2022, Tigray authorities stated that the Ethiopian and Eritrean
forces had launched major offensives into the northwestern Tigray
region.\12\ In an African Union-led process, the Government of Ethiopia
and the TPLF signed a cessation of hostilities agreement on November 2,
2022.\13\ While this agreement is an important initial step in curbing
violence in northern Ethiopia, it does not address violence in other
parts of Ethiopia, and--as of early November 2022--there remains
significant humanitarian suffering as a result of the two-year
conflict.\14\
---------------------------------------------------------------------------
\9\ Id.
\10\ UN Office for the Coordination of Humanitarian Affairs,
Ethiopia--Situation Report, 05 Aug 2022 (July 22, 2022), https://reliefweb.int/report/ethiopia/ethiopia-situation-report-05-aug-2022.
\11\ International Crisis Group, Avoiding the Abyss as War
Resumes in Northern Ethiopia (Sept. 7, 2022), https://www.crisisgroup.org/africa/horn-africa/ethiopia/avoiding-abyss-war-resumes-northern-ethiopia.
\12\ Id.
\13\ UN News, Ethiopia: Peace agreement between Government and
Tigray 'a critical first step': Guterres, Nov. 2, 2022, available at
https://news.un.org/en/story/2022/11/1130137 (last accessed Nov. 17,
2022).
\14\ Cecelia Macaulay and Anne Soy, BBC News, Ethiopia's Tigray
conflict: Truce agreed, Nov. 2, 2022, available at https://www.bbc.com/news/world-africa-63490546 (last accessed Nov. 17,
2022).
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Insurgencies are ongoing in Oromia, Benshangul-Gumuz and Gambella
regions of Ethiopia.\15\ Since 2019, Ethiopian government forces and
the Oromo Liberation Army (OLA),\16\ also known as the OLF-Shane/Shene,
have engaged in clashes in western Oromia. This fighting has resulted
in allegations of serious human rights abuses. Government forces have
been accused of extrajudicial killings and arbitrary arrests and
detentions of Oromos and have at times cut communications in the area.
The OLA has been accused of killing government officials and attacking
non-military government offices.\17\ Deepening insurgencies have also
led to increased violence reportedly targeting civilians. This is
particularly evident in Oromia. On June 18, 2022, over 330 Amhara
civilians were reportedly killed by suspected OLA gunmen in Oromia.\18\
Armed Conflict
[[Page 76077]]
Location and Event Data Project (ACLED) data indicate that over 230
alleged incidents of civilians being targeted were reported in Ethiopia
during the first six months of 2022. This reportedly resulted in more
than 1,220 fatalities, with over 810 of these fatalities (66%)
occurring in Oromia.\19\
---------------------------------------------------------------------------
\15\ ACLED, Multiple Complications Threaten to Result in a
Dangerous Re-escalation (Aug. 15, 2022), https://acleddata.com/10-conflicts-to-worry-about-in-2022/ethiopia/mid-year-update/.
\16\ In September 2018, leaders of a formerly exiled opposition
group, the Oromo Liberation Front (OLF), returned to Ethiopia with
the support of Prime Minister Abiy's government. However, since the
OLF's return, the Ethiopian government has been engaged in conflict
with ``armed groups associated with it in western Oromia.'' The
Oromo Liberation Army (OLA), also known as the OLF-Shane/Shene
faction, is an armed group that splintered from the OLF. See Canada:
Immigration and Refugee Board of Canada, Ethiopia: The Oromo
Liberation Front (OLF), including origin, mandate, leadership,
structure, legal status, and membership; treatment of members and
supporters by authorities (2014-2015) (May 7, 2015), https://www.refworld.org/docid/5696030f4.html.
\17\ HRW, Ethiopia: Civilians in Western Oromia Left Unprotected
(Aug. 31, 2022), https://www.hrw.org/news/2022/08/31/ethiopia-civilians-western-oromia-left-unprotected.
\18\ ACLED, Multiple Complications Threaten to Result in a
Dangerous Re-escalation (Aug. 15, 2022), https://acleddata.com/10-conflicts-to-worry-about-in-2022/ethiopia/mid-year-update/.
\19\ Id.
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Violence in Ethiopia has caused many to flee their homes and has
exacerbated existing humanitarian concerns regarding access to food,
water, and healthcare. The United Nations Office of Humanitarian
Affairs (UNOCHA) noted that regional violence remained a critical
concern across Ethiopia, from Benishangul-Gumuz to Oromia to
Tigray.\20\ In the Amhara region, ongoing violence also remains
unabated throughout the region, and along its regional borders with
Benishangul-Gumuz, Oromia, and Tigray, resulting in displacement.\21\ A
September 2022 UNOCHA report stated: ``more than 20 million people
affected by violence as well as climatic shocks . . . require
humanitarian assistance and protection services until the end of
2022.'' \22\ In July 2022, the UN Children's Fund (UNICEF) estimated
that 29.7 million people are in need of humanitarian assistance,
including access to food, water, and health services, in Ethiopia.
UNICEF also estimated that there were 2.75 million internally displaced
persons (IDPs) in Ethiopia.\23\ In addition, the UN High Commissioner
for Refugees (UNHCR) estimated that there are more than 59,500
Ethiopian refugees in eastern Sudan who have fled violence in
Ethiopia.\24\
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\20\ UNOCHA, Humanitarian Needs Overview- Ethiopia, February 21,
2021, pg. 20, https://www.acaps.org/sites/acaps/files/key-documents/files/ethiopia_2021_humanitarian_needs_overview-compressed.pdf.
\21\ UNOCHA, Ethiopia: Humanitarian Access Snapshot (January-
June 2021), July 30, 2021, https://reliefweb.int/report/ethiopia/ethiopia-humanitarian-access-snapshot-january-june-2021.
\22\ UNOCHA, Ethiopia Situation Overview (Sept. 7, 2022),
https://reports.unocha.org/en/country/ethiopia/card/5EhBh4Xf5z/.
\23\ UNICEF, Ethiopia Humanitarian Situation Report No. 7 (July
2022), https://www.unicef.org/media/126921/file/Ethiopia%20Humanitarian%20Situation%20Report%20No.%207,%20July%202022.pdf.
\24\ UNOCHA, Sudan: East Sudan (Kassala & Gedaref) & Blue Nile
States--Ethiopian Emergency Situation Update (as of 31 August 2022),
(Sept. 14, 2022), https://reliefweb.int/report/sudan/sudan-east-sudan-kassala-gedaref-blue-nile-states-ethiopian-emergency-situation-update-31-august-2022.
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Ethiopia faces massive displacement of persons due to armed
conflict, intercommunal violence, natural disasters, and impacts of
climate change.\25\ Since June 2020, more than 120,000 people have been
displaced due to insecurity in the Benishangul-Gumuz region.\26\ In the
Tigray region, over 2 million people [out of a population of 6
million],\27\ have been displaced due to the ongoing conflict between
the Ethiopian government and TPLF.\28\
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\25\ UNOCHA, Response to Internal Displacement in Ethiopia Fact
Sheet--January to March 2022, (May 19, 2022), https://reliefweb.int/report/ethiopia/response-internal-displacement-ethiopia-fact-sheet-january-march-2022 (Sept. 22, 2022).
\26\ UNOCHA, Humanitarian Needs Overview--Ethiopia, February 21,
2021, pg. 20, https://www.acaps.org/sites/acaps/files/key-documents/files/ethiopia_2021_humanitarian_needs_overview-compressed.pdf.
\27\ UNOCHA, Ethiopia: Humanitarian Access Snapshot (January-
June 2021), July 30, 2021, https://reliefweb.int/report/ethiopia/ethiopia-humanitarian-access-snapshot-january-june-2021.
\28\ Id.
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An August 2022 report by the UN Food and Agriculture Organization
(FAO) stated that, in 2022, 20.4 million people are estimated to be
severely food insecure, which is 2.4 million more than in 2021.\29\ In
the Tigray region alone, almost 5.3 million people are estimated to be
severely food insecure, according to the same report.\30\ A September
2022 UNOCHA report stated that 9.9 million people required food
assistance and 2.9 million children and pregnant and lactating women
required nutrition interventions until the end of 2022.\31\ It further
stated that ``the level of water scarcity is alarming for both
livestock and human consumption.'' \32\
---------------------------------------------------------------------------
\29\ Food and Agriculture Organization of the United Nations
(FAO), GIEWS--Global Information and Early Warning System, Country
Briefs, Ethiopia (Aug. 24, 2022), https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en.
\30\ UN FAO, GIEWS--Global Information and Early Warning System,
Country Briefs, Ethiopia (Aug. 24, 2022), https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en.
\31\ UNOCHA, Ethiopia Drought Response July-December 2022
(Revised) (Sept. 8, 2022), https://reliefweb.int/report/ethiopia/ethiopia-drought-response-july-december-2022-revised.
\32\ Id.
---------------------------------------------------------------------------
Sporadic measles outbreaks and seasonal malaria cases have
increased in Southern Nations Nationalities and People's region,
Southwest Ethiopia People's region (SWEPR) and Sidama region, following
the rainy season.\33\ Over 60 cases of measles and 56,000 cases of
malaria were reported in July 2022.\34\ Areas experiencing conflict
have seen their local healthcare systems severely damaged and
diminished. A July 2022 World Health Organization (WHO) report stated
that in the Tigray region, just 22% of health facilities were fully
functioning, with 75% only partially functioning, and 3% not
functioning at all.\35\ A June 2022 Doctors Without Borders report
stated that only 20% of health facilities in the Afar region were
reportedly functioning, ``as many are damaged, destroyed, abandoned or
without resources.'' \36\ As of July 2022, only 23.3% of the Ethiopia's
population was fully vaccinated against COVID-19.\37\
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\33\ UNICEF, Ethiopia Humanitarian Situation Report No. 7 (July
2022), https://www.unicef.org/media/126921/file/Ethiopia%20Humanitarian%20Situation%20Report%20No.%207,%20July%202022.pdf.
\34\ Id.
\35\ WHO, Situation Report: Greater Horn of Africa Drought and
Food Insecurity Grade 3 Emergency (July 29, 2022), https://cdn.who.int/media/docs/default-source/documents/emergencies/who_ghoa_sitrep_2022-08-08.pdf?sfvrsn=dbdfc8b0_3&download=true.
\36\ Doctors Without Borders, Conflict and brought spark a
deadly malnutrition crisis in Ethiopia's Afar region (June 9, 2022),
https://www.doctorswithoutborders.org/latest/conflict-and-drought-spark-deadly-malnutrition-crisis-ethiopias-afar-region.
\37\ Reuters, COVID-19 Tracker: Ethiopia (July 15, 2022),
https://graphics.reuters.com/world-coronavirus-tracker-and-maps/countries-and-territories/ethiopia/.
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Ethiopia has been experiencing climate-induced shocks--primarily
drought and floods--that have generated further displacement across the
country and exacerbated humanitarian concerns. Since late 2020,
Ethiopia has been experiencing one of the most severe droughts in the
last forty years.\38\ An August 2022 U.S. Agency for International
Development (USAID) report stated that: ``the likelihood of a fifth
consecutive poor rainy season in 2022 has significantly increased
concern. . .that already high levels of acute food insecurity and
malnutrition in southern and southeastern Ethiopia will continue
through at least the first half of 2023.'' \39\ Drought conditions have
resulted in widespread death of livestock, a key source of food, milk,
and income for pastoralists.\40\ Between March and April 2022, the
International Organization for Migration (IOM) recorded 20% of all IDPs
citing drought as the primary cause of displacement.\41\ In April 2022,
7.2 million people in Ethiopia were in need of food assistance due to
severe drought.\42\ Additionally, in 2022, heavy rains from early
August to October caused flooding that displaced at least 185,200
people and affected an additional 79,631 people.\43\
[[Page 76078]]
``Assessments also revealed that 72 per cent of cropland was damaged
(mostly the staple maize).'' \44\
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\38\ UNOCHA, Ethiopia: Drought Update No. 4, June 2022 (June 3,
2022), https://reliefweb.int/report/ethiopia/ethiopia-drought-update-no-4-june-2022.
\39\ USAID, Horn of Africa--Complex Emergency (Aug. 19, 2022),
https://www.usaid.gov/sites/default/files/documents/2022-08-19_USG_Horn_of_Africa_Complex_Emergency_Fact_Sheet_2.pdf.
\40\ Id.
\41\ Id.
\42\ World Food Program, Regional Drought Response Plan for the
Horn of Africa May-December 2022 (July 1, 2022), https://docs.wfp.org/api/documents/WFP-0000140899/download/.
\43\ UNOCHA, Ethiopia: Gambella Region Flood Update (As of 21
October 2022), (October 24, 2022), https://reliefweb.int/report/
ethiopia/ethiopia-gambella-region-flood-update-21-october-
2022#:~:text=In%202022%2C%20heavy%20rains%20from,(15%2C927%20househol
ds)%20were%20affected.
\44\ Id.
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In addition to violence and climatic shocks, Ethiopia is facing
economic pressure, exacerbated by the ongoing armed conflict.\45\
Annual inflation remains high, driven by rising food and fuel costs,
which puts pressure on households' ability to access market foods.
Ethiopia is experiencing insufficient foreign currency reserves and the
continuous depreciation of the national currency, the Ethiopian
birr.\46\ Annual inflation in July 2022 was at 33.5%, down slightly
from June 2022.\47\
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\45\ Vivienne Nunis, BBC News, Ethiopia's economy battered by
Tigray war, Aug. 30, 2021, available at https://www.bbc.com/news/world-africa-58319977 (last accessed Nov. 17, 2022); AP News,
Ethiopia's economy struggles as war reignites in Tigray, Sept. 13,
2022, available at https://apnews.com/article/africa-economy-government-spending-kenya-826141a7a692574d9609462d2549bffb (last
accessed Nov. 17, 2022).
\46\ Food and Agriculture Organization of the United Nations
(FAO), GIEWS--Global Information and Early Warning System, Country
Briefs, Ethiopia (Aug. 24, 2022), https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en.
\47\ Famine Early Warning Systems Network (FEWS NET), There is
the potential for extreme food insecurity in conflict and drought-
affected areas of Ethiopia (July 2022), https://fews.net/east-africa/ethiopia/key-message-update/july-2022.
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In summary, Ethiopia is experiencing ongoing armed conflict in
multiple regions of the country as well as extraordinary and temporary
conditions resulting from drought, flooding, food insecurity,
displacement of persons, and other humanitarian concerns.
Notice of the Designation of Ethiopia for TPS
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting Ethiopia's designation for TPS on the basis of ongoing armed
conflict and extraordinary and temporary conditions are met. See INA
Sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A) and 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C). I estimate up to approximately 26,730 individuals may
be eligible for TPS under the designation of Ethiopia. On the basis of
this determination, I am designating Ethiopia for TPS for 18 months,
beginning on December 12, 2022 and ending on Wednesday, June 12, 2024.
See INA Sec. 244(b)(1) and (b)(2); 8 U.S.C. 1254a(b)(1), and (b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Register for TPS
To register for TPS based on the designation of Ethiopia, you must
submit Form I-821, Application for Temporary Protected Status, and pay
the filing fee (or request a fee waiver, which you may submit on Form
I-912, Request for Fee Waiver). You may be required to pay the
biometric services fee. If you can demonstrate an inability to pay the
biometric services fee, you may request to have the fee waived. Please
see additional information under the ``Biometric Services Fee'' section
of this notice.
TPS beneficiaries are eligible for an EAD, which proves their
authorization to work in the United States. You are not required to
submit Form I-765, Application for Employment Authorization, or have an
EAD to be granted TPS, but see below for more information if you want
an EAD to use as proof that you can work in the United States.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at https://www.uscis.gov/tps. Fees
for the Form I-821, the Form I-765, and biometric services are also
described in 8 CFR 106.
How can TPS beneficiaries obtain an Employment Authorization Document
(EAD)?
Every employee must provide their employer with documentation
showing that they have the legal right to work in the United States.
TPS beneficiaries are eligible for an EAD, which proves their legal
right to work. Those who want to obtain an EAD must file a Form I-765,
Application for Employment Authorization, and pay the Form I-765 fee
(or request a fee waiver, which you may submit on Form I-912, Request
for Fee Waiver). TPS applicants may file this form along with their TPS
application, or at a later date, provided their TPS application is
still pending or has been approved.
Refiling an Initial TPS Registration Application After Receiving a
Denial of a Fee Waiver Request
If you receive a denial of a fee waiver request, you must refile
your Form I-821 for TPS along with the required fees during the
registration period, which ends on June 12, 2024. Meanwhile, Form I-765
EAD applications with fee payment may be filed at the same time as your
TPS application or at any later date you decide you want to request an
EAD during the designation period, which ends on Wednesday, June 12,
2024.
Filing Information
USCIS offers the option to applicants for TPS under Ethiopia's
designation to file Form I-821 and related requests for EADs online or
by mail. When filing a TPS application, applicants can also request an
EAD by submitting a completed Form I-765 with their Form I-821.
Online filing: Form I-821 and I-765 are available for concurrent
filing online.\48\ To file these forms online, you must first create a
USCIS online account.\49\
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\48\ Find information about online filing at ``Forms Available
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
\49\ https://myaccount.uscis.gov/users/sign_up.
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Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Form I-821, Application for Temporary Protected
Status and Form I-765, Application for Employment Authorization, Form
I-912, Request for Fee Waiver, if applicable, and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are using the U.S. Postal Service USCIS, Attn: TPS Ethiopia, P.O.
(USPS). Box 8635, Chicago, IL 60680-
8635.
[[Page 76079]]
You are using FedEx, UPS, or DHL....... USCIS, Attn: TPS Ethiopia (Box
8635), 131 S Dearborn--3rd
Floor, Chicago, IL 60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, please
mail your Form I-765 to the appropriate mailing address in Table 1.
When you are requesting an EAD based on an IJ/BIA grant of TPS, please
include a copy of the IJ or BIA order granting you TPS with your
application. This will help us verify your grant of TPS and process
your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying
(that is, registering) for TPS on the USCIS website at https://www.uscis.gov/tps under ``Ethiopia.''
Travel
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. You must file for travel
authorization if you wish to travel outside of the United States. If
granted, travel authorization gives you permission to leave the United
States and return during a specific period. To request travel
authorization, you must file Form I-131, Application for Travel
Document, available at https://www.uscis.gov/i-131. You may file Form
I-131 together with your Form I-821 or separately. When filing the Form
I-131, you must:
Select Item Number 1.d. in Part 2 on the Form I-131; and
Submit the fee for the Form I-131, or request a fee
waiver, which you may submit on Form I-912, Request for Fee Waiver.
If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1. If you are filing Form I-131
separately based on a pending or approved Form I-821, send your form to
the address listed in Table 2 and include a copy of Form I-797 for the
approved or pending Form I-821
Table 2--Mailing Addresses
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If you are . . . Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with a Form The address provided in Table
I-821, Application for Temporary 1.
Protected Status.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, P.O.
approved Form I-821, and you are using Box 660167, Dallas, TX 75266-
the U.S. Postal Service (USPS): You 0867.
must include a copy of the receipt
notice (Form I-797C) showing we
accepted or approved your Form I-821.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, 2501 S
approved Form I-821, and you are using State Hwy. 121 Business, Ste.
FedEx, UPS, or DHL: You must include a 400, Lewisville, TX 75067.
copy of the receipt notice (Form I-
797C) showing we accepted or approved
your Form I-821.
------------------------------------------------------------------------
Biometric Services Fee for TPS
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay the
biometric services fee, you may request a fee waiver, which you may
submit on Form I-912, Request for Fee Waiver. For more information on
the application forms and fees for TPS, please visit the USCIS TPS web
page at https://www.uscis.gov/tps. If necessary, you may be required to
visit an Application Support Center to have your biometrics captured.
For additional information on the USCIS biometric screening process,
please see the USCIS Customer Profile Management Service Privacy Impact
Assessment, available at https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms.
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at https://www.uscis.gov, or visit the USCIS Contact Center at
https://www.uscis.gov/contactcenter. If your Form I-765 has been
pending for more than 90 days, and you still need assistance, you may
ask a question about your case online at https://egov.uscis.gov/e-request/Intro.do or call the USCIS Contact Center at 800-375-5283 (TTY
800-767-1833).
When I am hired, what documentation may I show to my employer as
evidence of identity and employment authorization when completing Form
I-9?
You can find the Lists of Acceptable Documents on 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 document from List A (which provides evidence
of both identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of
[[Page 76080]]
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.
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, regardless of whether you have an EAD or work authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through June 12, 2024, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation such as
evidence of my status or proof of my Ethiopian citizenship or a Form I-
797 showing that I registered for TPS for Form I-9 completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C receipt.
Employers need not reverify List B identity documents. Employers may
not request proof of Ethiopian citizenship or proof of registration for
TPS when completing Form I-9 for new hires or reverifying the
employment authorization of current employees. 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.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. USCIS accepts calls and emails in English and
many other languages. For questions about avoiding discrimination
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil
Rights Division, Immigrant and Employee Rights Section (IER) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
[email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at [email protected]. USCIS accepts calls in
English, Spanish and many other languages. Employees or job applicants
may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515)
for information regarding employment discrimination based on
citizenship, immigration status, or national origin, including
discrimination related to Form I-9 and E-Verify. The IER Worker Hotline
provides language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 Instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (mismatch) must
promptly inform employees of the mismatch and give such employees an
opportunity to take action to resolve the mismatch. A mismatch means
that the information entered into E-Verify from Form I-9 differs from
records available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
mismatch while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
confirm an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at https://www.justice.gov/crt/immigrant-and-employee-rights-section and 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, individuals approved for TPS may show their
Form I-797, Notice of Action, indicating approval of their Form I-821
application, or EAD with category code of their A-12 or C-19 EAD to
prove that they have TPS. However, while Federal Government agencies
must follow the guidelines laid out by the Federal Government, State
and local government agencies establish their own rules and guidelines
when granting certain benefits. Each state may have different laws,
requirements, and determinations about what documents 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 that may be used by DHS to determine if you have TPS
or another immigration status. Examples of such documents are:
Your new EAD with a TPS category code of A-12 or C-19,
even if your country of birth noted on the EAD does not reflect the TPS
designated country of Ethiopia;
Your Form I-94, Arrival/Departure Record;
Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
Your Form I-797 or Form I-797C, Notice of Action,
reflecting approval or receipt of a current Form I-821, if you received
one from USCIS.
Check with the government agency requesting documentation regarding
which document(s) the agency will accept. Some State and local
government agencies use the SAVE program to confirm the current
immigration status of applicants for public benefits.
[[Page 76081]]
SAVE can verify when an individual has TPS based on the documents
above. In most cases, SAVE provides an automated electronic response to
benefit-granting agencies within seconds, but occasionally verification
can be delayed.
You can check the status of your SAVE verification by using
CaseCheck at https://www.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 on or will act on a SAVE verification 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. 2022-26880 Filed 12-9-22; 8:45 am]
BILLING CODE 9111-97-P
