Extension and Redesignation of Haiti for Temporary Protected Status, 5022-5032 [2023-01586]

Agencies

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

[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5022-5032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01586]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2737-22; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB70


Extension and Redesignation of Haiti for Temporary Protected 
Status

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security (DHS).

ACTION: Notice of Temporary Protected Status (TPS) extension and 
redesignation.

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SUMMARY: Through this notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Haiti for Temporary Protected Status (TPS) 
for 18 months, beginning on February 4, 2023, and ending on August 3, 
2024. This extension allows existing TPS beneficiaries to retain TPS 
through August 3, 2024, so long as they continue to meet the 
eligibility requirements for TPS. Existing TPS beneficiaries who wish 
to extend their status through August 3, 2024, must re-register during 
the 60-day re-registration period described in this notice. The 
Secretary is also redesignating Haiti for TPS. The redesignation of 
Haiti allows additional Haitian nationals (and individuals having no 
nationality who last habitually resided in Haiti) who have been 
continuously residing in the United States since November 6, 2022, to 
apply for TPS for the first time during the initial registration period 
described under the redesignation information in

[[Page 5023]]

this notice. In addition to demonstrating continuous residence in the 
United States since November 6, 2022, and meeting other eligibility 
criteria, applicants for TPS under this designation must demonstrate 
that they have been continuously physically present in the United 
States since February 4, 2023, the effective date of this redesignation 
of Haiti for TPS.

DATES: 
    Extension of Designation of Haiti for TPS: The 18-month extension 
of Haiti's designation for TPS begins on February 4, 2023, and will 
remain in effect for 18 months, ending on August 3, 2024. The extension 
impacts existing beneficiaries of TPS.
    Re-registration: The 60-day re-registration period for existing 
beneficiaries runs from January 26, 2023 through March 27, 2023. (Note: 
It is important for re-registrants to timely re-register during the 
registration period and not to wait until their Employment 
Authorization Documents (EADs) expire, as delaying re-registration 
could result in gaps in their employment authorization documentation.) 
\1\
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    \1\ Individuals with TPS who were granted under the 2011 
designation of Haiti and who are covered under the preliminary 
injunction that requires DHS to continue their TPS and TPS-related 
documents, unless their TPS has been withdrawn for individual 
ineligibility, retain their TPS and their documents remain valid 
through June 30, 2024 in accordance with the Federal Register notice 
published at 87 FR 68717 (Nov. 16, 2022) or any superseding such 
litigation-related notice that DHS may issue. See Ramos, et al. v. 
Nielsen, et al., 321 F.Supp.3d 1083 (N.D. Cal. Oct. 3, 2018) 
(``Ramos''), vacated Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), 
petition for en banc rehearing filed Nov. 30, 2020 (No. 18-16981). 
However, such individuals may re-register under this notice, which 
will help ensure that their TPS continues (if they remain eligible) 
as long as Haiti's designation exists even if the Ramos injunction 
ceases.
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    Redesignation of Haiti for TPS: The 18-month redesignation of Haiti 
for TPS begins on February 4, 2023, and will remain in effect for 18 
months, ending on August 3, 2024. The redesignation impacts potential 
first-time applicants and others who do not currently have TPS.
    First-time Registration: The initial registration period for new 
applicants under the Haiti TPS redesignation begins on January 26, 2023 
and will remain in effect through August 3, 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 Haiti's TPS designation by selecting 
``Haiti'' from the menu on the left side of the TPS web page.
    If you have additional questions about TPS, please visit https://www.uscis.gov/tools. Our online virtual assistant, Emma, can answer 
many of your questions and point you to additional information on our 
website. If you are unable to find your answers there, you may also 
call our USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
    Applicants seeking information about the status of their individual 
cases may check Case Status Online, available on the USCIS website at 
https://www.uscis.gov, or visit the USCIS Contact Center at 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-765--Application for Employment Authorization
Form I-797--Notice of Action (Approval Notice)
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant 
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

Purpose of This Action (TPS)

    Through this notice, DHS sets forth procedures necessary for 
nationals of Haiti (or individuals having no nationality who last 
habitually resided in Haiti) to (1) re-register for TPS and apply for 
renewal of their EADs with USCIS or (2) submit an initial registration 
application under the redesignation and apply for an EAD.
    Individuals who previously registered for TPS under the August 3, 
2021 prior designation of Haiti and whose applications have been 
granted must re-register properly within the 60-day re-registration 
period in order to maintain TPS and avoid withdrawal of their TPS 
following appropriate procedures. See 8 CFR 244.14. If your TPS is 
currently continuing under the court order in Ramos, re-registering for 
TPS under this Notice does not affect the continuation of your TPS 
while the order remains in effect. However, if the court order is no 
longer in effect, re-registering for TPS under this Federal Register 
Notice will help ensure that you have TPS until the end of the 
designation as long as you remain eligible.
    For individuals who have already been granted TPS under Haiti's 
August 3, 2021 designation or the July 23, 2011 designation and who 
continue to have TPS, the 60-day re-registration period runs from 
January 26, 2023 through March 27, 2023.
    USCIS will issue new EADs with an August 3, 2024 expiration date to 
eligible Haitian TPS beneficiaries who timely re-register and apply for 
EADs.
    Given the time frames involved with processing TPS re-registration 
applications, DHS recognizes that not all re-registrants may receive 
new EADs before their current EADs expire. Accordingly, through this 
Federal Register notice, DHS automatically extends the validity of EADs 
previously issued under the August 3, 2021 TPS designation of Haiti 
through February 3, 2024. Therefore, as proof of continued employment 
authorization through February 3, 2024, TPS beneficiaries can show 
their EADs that have the notation A-12 or C-19 under Category and a 
``Card Expires'' date of February 3, 2023. This notice explains how TPS 
beneficiaries and their employers may determine which EADs are 
automatically extended and how this affects the Form I-9, Employment 
Eligibility Verification, E-Verify, and USCIS Systematic Alien 
Verification for Entitlements (SAVE) processes.\2\
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    \2\ Certain EADs and other TPS documents issued to individuals 
covered by the Ramos injunction remain valid in accordance with that 
court order. For details, please see 86 FR 50725 (Sept. 10, 2021). 
If a superseding litigation-related notice is published that affects 
individuals under Ramos, DHS will also notify the public on the 
USCIS website.
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    Individuals who have a Haiti TPS application (Form I-821) and/or 
Application for Employment Authorization (Form I-765) that was still 
pending as of January 26, 2023 do

[[Page 5024]]

not need to file either application again. If USCIS approves an 
individual's Form I-821, USCIS will grant the individual TPS through 
August 3, 2024. Similarly, if USCIS approves a pending TPS-related Form 
I-765 filed in connection with a Form I-821, USCIS will issue the 
individual a new EAD that will be valid through the same date.
    Under the redesignation, individuals who currently do not have TPS 
may submit an initial application during the initial registration 
period that runs from January 26, 2023 through the full length of the 
redesignation period ending August 3, 2024.\3\ In addition to 
demonstrating continuous residence in the United States since November 
6, 2022, and meeting other eligibility criteria, applicants for TPS 
under this redesignation must demonstrate that they have been 
continuously physically present in the United States since February 4, 
2023,\4\ the effective date of this redesignation of Haiti, before 
USCIS may grant them TPS. DHS estimates that approximately 105,000 
individuals may become newly eligible for TPS under the redesignation 
of Haiti.
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    \3\ In general, individuals must be given an initial 
registration period of no less than 180 days to register for TPS, 
but the Secretary has discretion to provide for a longer 
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). 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 a Haiti's 
redesignation.
    \4\ 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 section 244(b)(2)(A) 
(effective date of designation); 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 Immigration 
and Nationality Act (INA), or to eligible individuals without 
nationality who last habitually resided in the designated foreign 
state, regardless of their country of birth.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to work so long as they continue to meet the requirements of 
TPS. They may apply for and receive EADs as evidence of employment 
authorization.
     TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of DHS discretion.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
     When the Secretary terminates a foreign state's TPS 
designation, beneficiaries return to one of the following:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, as long as it is still valid 
beyond the date TPS terminates.

When was Haiti designated for TPS?

    Haiti was initially designated on the basis of extraordinary and 
temporary conditions that prevented nationals of Haiti from returning 
in safety. See Designation of Haiti for Temporary Protected Status, 75 
FR 3476 (Jan. 21, 2010). Following the initial designation, TPS for 
Haiti was extended and redesignated once from July 23, 2011, through 
January 22, 2013, based on extraordinary and temporary conditions.\5\ 
Thereafter, TPS for Haiti was extended four times based on 
extraordinary and temporary conditions: (1) from January 23, 2013, 
through July 22, 2014; \6\ (2) from July 23, 2014, through January 22, 
2016; \7\ (3) from January 23, 2016, through July 22, 2017; \8\ and (4) 
from July 23, 2017, through January 22, 2018.\9\ Subsequently, the 
Secretary announced the termination of the TPS designation of Haiti 
effective July 22, 2019.\10\
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    \5\ See Extension and Redesignation of Haiti for Temporary 
Protected Status, 76 FR 29000 (May 19, 2011).
    \6\ See Extension of the Designation of Haiti for Temporary 
Protected Status, 77 FR 59943 (Oct. 1, 2012).
    \7\ See Extension of the Designation of Haiti for Temporary 
Protected Status, 79 FR 11808 (Mar. 3, 2014).
    \8\ See Extension of the Designation of Haiti for Temporary 
Protected Status, 80 FR 51582 (Aug. 25, 2015).
    \9\ See Extension of the Designation of Haiti for Temporary 
Protected Status, 82 FR 23830 (May 24, 2017).
    \10\ See Termination of the Designation of Haiti for Temporary 
Protected Status, 83 FR 2648 (Jan. 18, 2018).
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    The termination of Haiti's 2011 TPS designation is being challenged 
in several lawsuits, and court injunctions require DHS to continue TPS 
for Haiti temporarily pending further court order.\11\ Secretary 
Mayorkas newly designated Haiti on the basis of extraordinary and 
temporary conditions effective August 3, 2021, through February 3, 
2023.\12\
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    \11\ See Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition 
for en banc rehearing filed Nov. 30, 2020 (No. 18-16981) (district 
court's preliminary injunction against termination of six countries' 
TPS, including TPS for Haiti, remains in effect pending 9th Circuit 
consideration of plaintiffs' request for en banc rehearing of 
appellate panel decision to vacate the district court injunction); 
Saget v. Trump, No. 1:18-cv-1599 (E.D.N.Y. 2019) (injunction issued, 
but dismissed as moot, Oct. 15, 2021)); NAACP v. DHS, No. 18-cv-
00239 (D. Md.); and Centro Presente v. Trump, No. 18-cv-10340 (D. 
Mass).
    \12\ See Designation of Haiti for Temporary Protected Status, 86 
FR 41863 (Aug. 3, 2021).
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What authority does the Secretary have to extend the designation of 
Haiti 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.\13\ The 
decision to designate any foreign state (or part thereof) is a 
discretionary decision, and there is no judicial review of any 
determination with respect to the designation, termination, or 
extension of a designation. See INA section 244(b)(5)(A); 8 U.S.C. 
1254a(b)(5)(A).\14\ The Secretary, in his or her discretion, may then 
grant TPS to eligible nationals of that foreign state (or individuals 
having no nationality who last habitually resided in the designated 
foreign state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \13\ INA section 244(b)(1) ascribes this power to the Attorney 
General. Congress transferred this authority from the Attorney 
General to the Secretary of Homeland Security. See Homeland Security 
Act of 2002, Public Law 107-296, 116 Stat. 2135. The Secretary may 
designate a country (or part of a country) for TPS on the basis of 
ongoing armed conflict such that returning would pose a serious 
threat to the personal safety of the country's nationals and 
habitual residents, environmental disaster (including an epidemic), 
or extraordinary and temporary conditions in the country that 
prevent the safe return of the country's nationals. For 
environmental disaster-based designations, certain other statutory 
requirements must be met, including that the foreign government must 
request TPS. A designation based on extraordinary and temporary 
conditions cannot be made if the Secretary finds that allowing the 
country's nationals to remain temporarily in the United States is 
contrary to the U.S. national interest. Id., at section 244(b)(1).
    \14\ This issue of judicial review is the subject of litigation. 
See, e.g., Ramos v. Wolf, 975 F.3d 872 (9th Cir. 2020), petition for 
en banc rehearing filed Nov. 30, 2020 (No. 18-16981); Saget v. 
Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019).
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    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

[[Page 5025]]

conditions in the foreign state designated for TPS to determine whether 
they continue to meet the conditions for the TPS designation. See INA 
section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary 
determines that the foreign state continues to meet the conditions for 
TPS designation, the designation will be extended for an additional 
period of 6 months or, in the Secretary's discretion, 12 or 18 months. 
See INA section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the 
Secretary determines that the foreign state no longer meets the 
conditions for TPS designation, the Secretary must terminate the 
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

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

    In addition to extending an existing TPS designation, the 
Secretary, after consultation with appropriate Government agencies, may 
redesignate a country (or part thereof) for TPS. See INA section 
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 244(c)(1)(A)(i), 
8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been 
continuously physically present since the effective date of the most 
recent designation of the state'') (emphasis added).\15\
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    \15\ The extension and redesignation of TPS for Haiti is one of 
several instances in which the Secretary and, prior to the 
establishment of DHS, the Attorney General, have simultaneously 
extended a country's TPS designation and redesignated the country 
for TPS. See, e.g., 76 FR 29000 (May 19, 2011) (extension and 
redesignation for Haiti); 69 FR 60168 (Oct. 7, 2004) (extension and 
redesignation for Sudan); 62 FR 16608 (Apr. 7, 1997) (extension and 
redesignation for Liberia).
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    When the Secretary designates or redesignates a country for TPS, 
the Secretary also has the discretion to establish the date from which 
TPS applicants must demonstrate that they have been ``continuously 
resid[ing]'' in the United States. See INA section 244(c)(1)(A)(ii), 8 
U.S.C. 1254a(c)(1)(A)(ii). The Secretary has determined that the 
``continuous residence'' date for applicants for TPS under the 
redesignation of Haiti will be November 6, 2022. Initial applicants for 
TPS under this redesignation must also show they have been 
``continuously physically present'' in the United States since February 
4, 2023, which is the effective date of the Secretary's redesignation 
of Haiti. See INA section 244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i). 
For each initial TPS application filed under the redesignation, the 
final determination of whether the applicant has met the ``continuous 
physical presence'' requirement cannot be made until February 4, 2023, 
the effective date of this redesignation for Haiti. USCIS, however, 
will issue employment authorization documentation, as appropriate, 
during the registration period in accordance with 8 CFR 244.5(b).

Why is the Secretary extending the TPS designation for Haiti and 
simultaneously redesignating Haiti for TPS through August 3, 2024?

    DHS has reviewed country conditions in Haiti. Based on the review, 
including consultation with DOS and other U.S. Government agencies, the 
Secretary has determined that an 18-month TPS extension is warranted 
because the extraordinary and temporary conditions supporting Haiti's 
TPS designation remain and that such extension is not contrary to the 
national interest of the United States. The Secretary has further 
determined that redesignating Haiti for TPS based on extraordinary and 
temporary conditions under INA section 244(b)(3)(C), 8 U.S.C. 
1254a(b)(1)(C) is warranted, including a determination that 
redesignation is not contrary to the national interest of the United 
States, and is changing the ``continuous residence'' and ``continuous 
physical presence'' dates that applicants must meet to be eligible for 
TPS.

Overview

    DHS has conducted a thorough review of country conditions in Haiti. 
Haiti is experiencing economic, security, political, and health crises 
simultaneously. Haitian gangs are the primary source of violence and 
instability in Haiti and pose an increasing threat as they expand their 
influence and geographic presence over portions of metropolitan Port-
au-Prince.\16\ Haitian political and business elites have long 
cultivated relationships with gang leaders to further their agendas and 
destabilize Haiti.\17\ While elites often operationalize gangs, the 
gangs typically function as mercenaries responsive to the highest 
bidder.\18\ Moreover, some gangs earn sufficient funds from kidnapping 
for ransom operations to function as independent criminal 
organizations.\19\ At the same time, Haiti is confronting a 
humanitarian crisis, with many citizens having limited access to 
safety, healthcare, food, water, and economic opportunity. These 
circumstances continue to make return to Haiti dangerous for Haitian 
nationals living in the United States.
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    \16\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political 
Deadlock Persists, International Crisis Group (July 27, 2022), 
https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists.
    \17\ Id.
    \18\ D.C. Beer, Chapter 3 Haiti: The Gangs of Cit[eacute] 
Soleil, PRISM: National Defense University, May 24, 2016, https://cco.ndu.edu/News/Article/780129/chapter-3-haiti-the-gangs-of-cit-soleil/.
    \19\ Jennifer Jelly and Tatiana Vasquez, The Rise of Kidnappings 
for Ransom in Haiti, The Counterterrorism Group, Dec. 13, 2021, 
https://www.counterterrorismgroup.com/post/the-rise-of-kidnappings-for-ransom-in-haiti.
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Political Situation

    The Haitian parliament was dissolved in January 2020 as the 
mandates of two thirds of Senate members and all Chamber of Deputies 
members expired, and no new elections were held.\20\ On July 7, 2021, 
President Jovenel Mo[iuml]se was assassinated in his private residence 
in Port-au-Prince. Subsequently, Ariel Henry, whom Mo[iuml]se had 
appointed prime minister days before the assassination, was installed 
as head of a new government.\21\
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    \20\ Freedom House, Freedom in the World 2022--Haiti (Feb. 28, 
2022), https://freedomhouse.org/country/haiti/freedom-world/2022.
    \21\ Human Rights Watch, World Report 2022--Haiti (Jan. 13, 
2022), https://www.hrw.org/world-report/2022/country-chapters/haiti.
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    Since then, PM Henry and opposition groups have engaged in 
intermittent negotiations about a political path towards elections. On 
December 21, 2022, representatives of civil society, the private 
sector, and political groups began signing a revised political 
agreement known as the ``December Accord,'' which was supported by PM 
Henry.\22\ Some opposition members, including many members of the 
Citizen Conference for a Haitian Solution to the Crisis, also known as 
Montana Group members, had not yet agreed to the accord as of January 
4, 2023.\23\
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    \22\ Haiti Libre, Haiti--FLASH: The PM signed a historic 
consensus for an inclusive transition, Dec. 22, 2022, https://www.haitilibre.com/en/news-38427-haiti-flash-the-pm-signed-a-historic-consensus-for-an-inclusive-transition.html.
    \23\ Juno7, Accord du 21 d[eacute]cembre 2022: les violons ne 
s'accordant pas au sein de l'accord de Montana, Dec. 29, 2022, 
https://www.juno7.ht/accord-du-21-decembre-2022-violons-laccord-de-montana/.
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    The Haitian government has long been accused of corruption and 
ineptitude. Politicians and the business elite in Haiti have 
historically relied on gangs to obtain and exert power, but the gangs 
have grown more autonomous in recent years.\24\ An April 2021 report by

[[Page 5026]]

Harvard Law School's International Human Rights Clinic alleged that the 
Mo[iuml]se government funneled money, weapons, uniforms, and vehicles 
to gangs like the G9, in exchange for them repressing political 
opponents, often brutally, and maintaining the peace in poorer 
neighborhoods.\25\ A July 2022 International Crisis Group report stated 
``collusion between state security forces and illegal armed groups has 
flourished in the absence of political will to hold corrupt officers 
accountable and because of efforts of those in power to deploy the 
police (as well as gangs) to serve their personal interests.'' \26\
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    \24\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political 
Deadlock Persists, International Crisis Group (July 27, 2022), 
https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists.
    \25\ Harvard Law School International Human Rights Clinic, 
Killing with Impunity: State-Sanctioned Massacres in Haiti (April 
2021), https://hrp.law.harvard.edu/wp-content/uploads/2021/04/Killing_With_Impunity-1.pdf.
    \26\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political 
Deadlock Persists, International Crisis Group (July 27, 2022), 
https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists.
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Security Situation

    Since President Mo[iuml]se's assassination, Haiti has experienced a 
sharp deterioration in an already fragile security situation. Gang 
violence and kidnappings have spiked throughout the country, 
particularly in the capital, Port-au-Prince. The United Nations 
documented 934 killings, 684 injuries, and 680 kidnappings in Port-au-
Prince from January to June 2022.\27\ In one 10-day period in July 
2022, more than 200 people were killed in gang violence in Port-au-
Prince; nearly half of the decedents had no gang ties.\28\ Human rights 
organizations have said there were more than 1,200 kidnappings in 2021, 
almost twice the number reported in 2020 and five times more than in 
2019.\29\
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    \27\ Haiti: UN sounds alarm over worsening gang violence across 
Port-au-Prince, UN News, July 16, 2022, https://news.un.org/en/
story/2022/07/
1122662#:~:text=%E2%80%9CWe%20have%20so%20far%20documented,Soleil%20a
rea%20of%20the%20city.%E2%80%9D.
    \28\ BBC News, Haiti Gang Violence: 209 killed in Cit[eacute] 
Soleil in 10 days, July 26, 2022, https://www.bbc.com/news/world-latin-america-62292007.
    \29\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political 
Deadlock Persists, International Crisis Group (July 27, 2022), 
https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists.
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    There are around 200 gangs across Haiti, 95 of which operate in 
metropolitan Port-au-Prince. Many of Haiti's gangs have coalesced 
around two main alliances: the G9 and the GP[egrave]p. A struggle for 
dominance by various gangs has superseded the old local rivalries. 
Gangs have decapitated opponents in public, burnt corpses in the 
street, set fire to houses, and used sexual violence to intimidate 
residents out of collaborating with their rivals.\30\ Clashes between 
rival gangs led to particularly high levels of gang violence in April 
and May 2022, leading to the temporary closure of dozens of schools, 
medical centers, businesses, and markets, making it difficult for 
people to find basic products including food, water, and medicines.\31\ 
In May 2022, UN High Commissioner for Human Rights Michelle Bachelet 
described armed violence in Haiti as ``unimaginable and intolerable'' 
and stated that ``violence has had a severe impact on the most basic 
human rights of people.'' \32\ Also in May, Doctors Without Borders 
warned that kidnappings for ransom that target many residents of Port-
au-Prince, including medical personnel, were making it increasingly 
difficult for the population to access healthcare.\33\ Gangs in Port-
au-Prince targeted homeless and at-risk teens as participants in gang 
violence.\34\ In July 2022, the UN Office for the Coordination of 
Humanitarian Affairs (UNOCHA) estimated that more than a third of Port-
au-Prince was under the control of gangs.\35\
---------------------------------------------------------------------------

    \30\ Id.
    \31\ Office of the High Commissioner for Human Rights, Press 
Release: Haiti: Bachelet deeply disturbed by human rights impact of 
deteriorating security situation in Port-au-Prince (May 17, 2022), 
https://www.ohchr.org/en/press-releases/2022/05/haiti-bachelet-deeply-disturbed-human-rights-impact-deteriorating-security.
    \32\ Id.
    \33\ Doctors Without Borders, Haiti: Attacks on medical staff 
leave many people without health care (May 22, 2022), https://www.doctorswithoutborders.org/latest/haiti-attacks-medical-staff-leave-many-people-without-health-care.
    \34\ InSight Crime, Haiti Gangs Recruiting, Arming More Children 
(June 3, 2022), https://insightcrime.org/news/haiti-gangs-recruiting-arming-more-children/.
    \35\ UNOCHA, Haiti: Impact of the deteriorating security 
situation on humanitarian access: Background note--8 July 2022 (July 
9, 2022), https://reliefweb.int/report/haiti/haiti-impact-deteriorating-security-situation-humanitarian-access-background-note-8-july-2022.
---------------------------------------------------------------------------

    Haitian gangs have also attacked religious and government 
infrastructure. On June 10, 2022, a gang known as 5 Seconds took 
temporary control of the Court of First Instance, the main courthouse 
in Port au Prince. While the courthouse had not been used for criminal 
trials for several years due to persistent insecurity, the gang 
nevertheless forced judicial officials out and stole computers, desks, 
and other assets. The gang appears to have stolen or destroyed case 
files and evidence that the president of the Association of Haitian 
Magistrates said would be impossible to recover as Haitian courts do 
not have digital copies of files.\36\ On July 27, 2022, gang members 
set Port-au-Prince's transitional cathedral on fire and deployed tear 
gas during a clash in Bel Air neighborhood, in which several people 
were killed and others injured by stray bullets. Local sources 
denounced the use of state-owned machinery by the G9 as well as a lack 
of action by state forces. In Ouest department, the region in which 
Port-au-Prince is located, members of the 400 Mawozo gang set a public 
prosecutor's office on fire in Croix-de-Bouquets district near the 
capital on the night of July 25, 2022.\37\
---------------------------------------------------------------------------

    \36\ HRW, Haiti: Wave of Violence Deepens Crisis (July 22, 
2022), https://reliefweb.int/report/haiti/haiti-wave-violence-deepens-crisis.
    \37\ ACLED, ACLED Regional Overview--Mexico, Central America, 
and the Caribbean (23-29 July 2022) (July 29, 2022), https://reliefweb.int/report/haiti/acled-regional-overview-mexico-central-america-and-caribbean-23-29-july-2022.
---------------------------------------------------------------------------

    In mid-September, gangs blocked access to the Varreux Terminal in 
Port-au-Prince, the main entry point for fuel in Haiti, cutting off 
millions of gallons of diesel and gasoline and causing a severe fuel 
shortage.\38\ The fuel blockage paralyzed Haiti's economy.\39\ Health 
centers and hospitals had to close, and the distribution of water was 
interrupted.\40\ The lack of access to clean water contributed to the 
outbreak of cholera in early October, and complicated efforts to 
respond to and contain the outbreak.\41\ On October 7, the government 
of Haiti requested assistance from the international community to 
confront gangs and address the humanitarian crisis.\42\ In an October 
12, 2022 Press Statement, U.S. Secretary of State Antony Blinken 
emphasized the critical nature of the humanitarian situation in Haiti, 
noting that the United States is committed to continuing to help Haiti 
address the crisis through multiple avenues.\43\ On

[[Page 5027]]

October 15, the U.S. and Canada delivered Haitian National Police-
purchased armored vehicles and other law enforcement equipment to 
assist in re-taking the terminal.\44\ A Haitian National Police 
operation in early November successfully re-gained control of the fuel 
terminal.\45\ The relatively small size of the Haitian National Police 
remains concerning. Out of 14,161 officers, approximately 13,000 
officers are assigned to law enforcement activities.\46\ Haiti has just 
over one police officer assigned to law enforcement activities per 
1,000 inhabitants, well below the 2.2 officers per 1,000 recommended by 
the United Nations.\47\
---------------------------------------------------------------------------

    \38\ PBS NewsHour, Haiti reaches a breaking point as the economy 
tanks and violence soars (Oct. 4, 2022), https://www.pbs.org/newshour/world/haiti-reaches-a-breaking-point-as-the-economy-tanks-and-violence-soars.
    \39\ Brian Ellsworth and Harold Isaac, UN calls for 
`humanitarian corridor' in Haiti as gang blockade drags on, Reuters, 
Oct. 6, 2022, https://www.reuters.com/world/americas/un-calls-humanitarian-corridor-haiti-gang-blockade-drags-2022-10-06/.
    \40\ UN News, Haiti: Fuel crisis prompts appeal for humanitarian 
corridor amid cholera outbreak, Oct. 6, 2022, https://news.un.org/en/story/2022/10/1129317.
    \41\ Id.
    \42\ Reuters, Haiti's situation is dire and cannot persist, 
State Department says, Oct. 11, 2022, https://www.reuters.com/world/americas/haitis-situation-is-dire-cannot-persist-state-department-says-2022-10-11/.
    \43\ U.S. Department of State, Press Statement, Steps to Address 
the Humanitarian and Security Situation in Haiti, Oct. 12, 2022, 
https://www.state.gov/steps-to-address-the-humanitarian-and-security-situation-in-haiti/.
    \44\ Reuters, U.S., Canada deliver armored vehicles to Haitian 
police to fight gangs, Oct. 15, 2022, https://www.reuters.com/world/americas/us-canada-deliver-armored-vehicles-haitian-police-2022-10-15/.
    \45\ Reuters, Haitians hope for fuel supplies after police break 
up gang blockade at terminal, Nov. 5, 2022, https://www.reuters.com/world/americas/haitians-hope-fuel-supplies-after-police-break-up-gang-blockade-terminal-2022-11-05/.
    \46\ United National Security Council, Letter dated 8 October 
2022 from the Secretary-General addresses to the President of the 
Security Council, Oct. 10, 2022, https://digitallibrary.un.org/record/3990649?ln=en.
    \47\ Id.
---------------------------------------------------------------------------

Environmental Situation

    Several recent environmental disasters have contributed to the 
extraordinary and temporary conditions in Haiti. On August 14, 2021, a 
7.2 magnitude earthquake hit the southern region of Haiti, killing more 
than 2,200 people, injuring 12,700, destroying 130,000 homes, and 
leaving thousands of people in urgent need of assistance.\48\ Two days 
later, Tropical Storm Grace's torrential rains caused floods and 
landslides in the same departments affected by the earthquake, as well 
as in Sud-Est.\49\ According to the 2021 Global Climate Risk Index, 
Haiti was third among the countries most affected by extreme weather 
events between 2000 and 2019 and continues to remain vulnerable.\50\ 
Widespread deforestation has left the country especially prone to 
flooding and mudslides, which strike Haiti at twice the rate as the 
Dominican Republic.\51\
---------------------------------------------------------------------------

    \48\ UNICEF, Massive earthquake leaves devastation in Haiti 
(last updated Oct. 4, 2021), https://www.unicef.org/emergencies/massive-earthquake-devastation-haiti.
    \49\ FAO, Haiti: Urgent call for funding (September 2021-May 
2022)--Emergency response to households affected by the earthquake 
and Tropical Storm Grace (Sept. 10, 2021), https://reliefweb.int/report/haiti/haiti-urgent-call-funding-september-2021-may-2022-emergency-response-households.
    \50\ Germanwatch, Global Climate Risk Index 2021 (Jan. 25, 
2021), https://reliefweb.int/report/world/global-climate-risk-index-2021.
    \51\ Council on Foreign Relations, Haiti's Troubled Path to 
Development (Sept. 17, 2021), https://www.cfr.org/backgrounder/haitis-troubled-path-development.
---------------------------------------------------------------------------

Humanitarian Situation

    Haiti has one of the highest levels of chronic food insecurity in 
the world with more than half of its total population chronically food 
insecure and 22% of children chronically malnourished, according to a 
September 2022 report.\52\ As of October 2022, the total number of 
people in acute food insecurity stood at 4.7 million people, including 
1.8 million people in the ``emergency'' phase on the World Food 
Program's (WFP) Integrated Food Security Classification Index.\53\ For 
the first time ever, 19,000 Haitians are considered to be in the 
``catastrophe'' phase (the most severe classification).\54\
---------------------------------------------------------------------------

    \52\ WFP, WFP Haiti Country Brief, September 2022 (Sept. 30, 
2022), https://reliefweb.int/report/haiti/wfp-haiti-country-brief-september-2022.
    \53\ UN News, `Catastrophic' hunger recorded in Haiti for first 
time, UN warns, Oct. 14, 2022, https://news.un.org/en/story/2022/10/
1129537#:~:text=According%20to%20the%20latest%20IPC,in%20Catastrophe%
20phase%2C%20phase%205.
    \54\ Id.
---------------------------------------------------------------------------

    Armed clashes between gangs destroyed water networks and disrupted 
water truck deliveries in several Port-au-Prince neighborhoods during 
2022. A Doctors Without Borders project coordinator noted that in 
addition to an epidemic of scabies directly connected to the lack of 
water since the beginning of 2022, people could only ``afford small 
quantities of drinking water, but they [couldn't] access clean water in 
quantities needed for hygiene.'' \55\ Adding to the struggle Haitians 
face to meet their basic needs, two WFP warehouses were looted and 
pillaged in September 2022, resulting in the loss of approximately $6 
million of relief assistance, including 2,000 tons of food.\56\
---------------------------------------------------------------------------

    \55\ Doctors Without Borders, Returning to Haiti means death 
(Aug. 12, 2022), https://www.doctorswithoutborders.org/latest/returning-haiti-means-death.
    \56\ Reuters, Haiti looting caused loss of some $6 million in 
relief supplies, WFP says, Sept. 26, 2022, https://www.reuters.com/world/haiti-looting-caused-loss-some-6-mln-relief-supplies-wfp-says-2022-09-26/.
---------------------------------------------------------------------------

    Haiti continues to face many health challenges. USAID's most recent 
Strategic Framework report stated: ``health challenges for preventable 
diseases worsened after the 2010 cholera epidemic and there has been 
limited progress in improving health outcomes.'' \57\ As of August 1, 
2022, 1.4% of the country's population was fully vaccinated against 
COVID-19.\58\ Haiti ranks among the world's bottom 10 countries in 
terms of COVID-19 vaccination coverage.\59\
---------------------------------------------------------------------------

    \57\ USAID, Haiti Strategic Framework December 23, 2020-December 
23, 2022 (July 29, 2021), https://www.usaid.gov/sites/default/files/documents/Strategic_Framework_-_Haiti_-_December_2020-2022.pdf.
    \58\ Congressional Research Service, Haiti: Political Conflict 
and U.S. Policy Overview (Aug. 2, 2022), https://crsreports.congress.gov/product/pdf/IF/IF12182.
    \59\ World Bank, The World Bank approved $35 million to improve 
Haiti's COVID-19 response (June 11, 2022), https://reliefweb.int/report/haiti/world-bank-approved-35-million-improve-haitis-covid-19-response.
---------------------------------------------------------------------------

    The United Nations and the Haitian government have reported a new 
cholera outbreak, with the first cases detected between October 1-2, 
2022.\60\ As of November 15, 2022, there were 8,146 hospitalized 
suspected cases and 821 confirmed cases of cholera, resulting in 188 
deaths.\61\ The end of the two-month fuel terminal seizure allowed 
hospitals, water treatment plants, commercial water suppliers, and 
transportation networks to resume functioning, allowing for better 
access to cholera prevention and treatment. However, paradoxically, the 
availability of fuel also allowed for resumed mobility among the 
general population, potentially leading to increased cholera 
transmission.\62\ In November 2022, the UN launched a ``Flash Appeal'' 
requesting $145.6 million to contain the outbreak and respond to other 
humanitarian needs throughout Haiti.\63\
---------------------------------------------------------------------------

    \60\ Widlore M[eacute]rancourt, Kelly Kasulis Cho, and Amanda 
Coletta, The Washington Post, Cholera Resurfaces in Haiti as gangs 
hinder access to water, hospitals, Oct. 3, 2022, https://www.washingtonpost.com/world/2022/10/03/haiti-cholera-gang-violence-water/.
    \61\ Pan American Health Organization, Cholera Outbreak in 
Hispaniola, Situation Report #6, Nov. 17, 2022, https://www.paho.org/en/documents/cholera-outbreak-hispaniola-2022-situation-report-6.
    \62\ PBS NewsHour, Cholera overwhelms Haiti, experts warn 
outbreak could worsen as fuel blockade lifts, Nov. 16, 2022, https://www.pbs.org/newshour/world/cholera-overwhelms-haiti-experts-warn-outbreak-could-worsen-as-fuel-blockade-lifts.
    \63\ UN Office for the Coordination of Humanitarian Affairs, 
Haiti 2022 Cholera Flash Appeal (Mid Oct 2022-Mid Apr 2023), Nov. 
15, 2022, https://reliefweb.int/report/haiti/haiti-2022-cholera-flash-appeal-mid-oct-2022-mid-apr-2023.
---------------------------------------------------------------------------

Economic Situation

    Amidst the political, security, and environmental crises, Haiti's 
economy has floundered. Haiti is among the countries with the greatest 
inequality in the region. The richest 20% of its population holds more 
than 64% of its total wealth, while the poorest 20% has less than 
1%.\64\ Latest estimates put the

[[Page 5028]]

2021 poverty rate at 52.3%, up from 51% in 2020.\65\ In 2021, Haiti had 
a GDP per capita of $1,815, the lowest in the Latin America and the 
Caribbean (LAC) region and less than a fifth of the LAC average of 
$15,092.\66\ On the UN's Human Development Index,\67\ Haiti ranked 170 
out of 189 in 2020.\68\
---------------------------------------------------------------------------

    \64\ World Bank, The World Bank in Haiti Overview (last updated 
June 14, 2022), https://www.worldbank.org/en/country/haiti/overview.
    \65\ Id.
    \66\ Id.
    \67\ The Human Development Index (HDI) is a summary measure of 
average achievement in key dimensions of human development: a long 
and healthy life, being knowledgeable and have a decent standard of 
living. See UNDP, Human Development Index (HDI) (last visited Aug. 
15, 2022), https://hdr.undp.org/data-center/human-development-index#/indicies/HDI.
    \68\ World Bank, The World Bank in Haiti Overview (last updated 
June 14, 2022), https://www.worldbank.org/en/country/haiti/overview.
---------------------------------------------------------------------------

    In summary, Haiti is experiencing extraordinary and temporary 
conditions resulting from grave insecurity and gang crime, as well as 
socio-economic and humanitarian conditions, including those resulting 
from environmental disasters aggravating food insecurity.
    Based upon this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Haiti's designation for TPS 
continue to be met. See INA section 244(b)(3)(C), 8 U.S.C. 
1254a(b)(1)(C).
     There continue to be extraordinary and temporary 
conditions in Haiti that prevent Haitian nationals (or individuals 
having no nationality who last habitually resided in Haiti) from 
returning to Haiti in safety, and it is not contrary to the national 
interest of the United States to permit Haitian TPS beneficiaries to 
remain in the United States temporarily. See INA section 244(b)(1)(C), 
8 U.S.C. 1254a(b)(1)(C).
     The designation of Haiti for TPS should be extended for an 
18-month period, from February 4, 2023, through August 3, 2024. See INA 
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Due to the conditions described above, Haiti should be 
simultaneously redesignated for TPS effective February 4, 2023, through 
August 3, 2024. See INA section 244(b)(1)(C) and (b)(2), 8 U.S.C. 
1254a(b)(1)(C) and (b)(2).
     The Secretary has determined that TPS applicants under the 
redesignation must demonstrate that they have continuously resided in 
the United States since November 6, 2022.
     TPS applicants under the redesignation must demonstrate 
that they have been continuously physically present in the United 
States since February 4, 2023, the effective date of the redesignation 
of Haiti for TPS.
     It is estimated that approximately 105,000 additional 
individuals may be eligible for TPS under the redesignation of Haiti. 
This population includes Haitian nationals in the United States in 
nonimmigrant status or without immigration status.

Notice of the Designation of Haiti 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 Haiti's designation for TPS on the basis of extraordinary 
and temporary conditions are met. See INA section 244(b)(1)(C), 8 
U.S.C. 1254a(b)(1)(C). On the basis of this determination, I am 
simultaneously extending the existing designation of TPS for Haiti for 
18 months, from February 4, 2023, through August 3, 2024, and 
redesignating Haiti for TPS for the same 18-month period. See INA 
section 244(b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(C), and (b)(2).

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

Eligibility and Employment Authorization for TPS

Required Application Forms and Application Fees To Register or Re-
Register for TPS

    To register initially for TPS based on the designation of Haiti, 
you must submit a 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.
    Individuals with existing TPS granted under the 2021 designation of 
Haiti must file Form-821 for re-registration as discussed above. 
Individuals who currently retain their TPS under the Ramos injunction 
noted in footnote 1 above, may file Form I-821 for re-registration if 
they wish to help ensure that their TPS continues should the Ramos 
court order end and they remain eligible. Re-registrants do not pay the 
$50 filing fee for the Form I-821 but must pay the biometric services 
fee if age 14 or older (or request a fee waiver).
    TPS beneficiaries are authorized to work in the United States. You 
are not required to submit Form I-765 or have an EAD, but see below for 
more information if you want to work in the United States.
    Individuals who have a Haiti TPS application (Form I-821) that was 
still pending as of January 26, 2023 do not need to file the 
application again. If USCIS approves an individual's Form I-821, USCIS 
will grant the individual TPS through August 3, 2024.
    For more information on the application forms and fees for TPS, 
please visit the USCIS TPS web page at https://www.uscis.gov/tps. Fees 
for the Form I-821, the Form I-765, and biometric services are also 
described in 8 CFR 103.7(b)(1) (Oct. 1, 2020). In addition, the form 
instructions for the Form I-821 and Form I-765 provide further 
information on requirements and fees for both initial TPS applicants 
and existing TPS beneficiaries who are re-registering.
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. Beneficiaries with a Haiti TPS-
related Form I-765 application in connection with a Form I-821 that was 
still pending as of January 26, 2023 do not need to file the 
application again. If USCIS approves a pending TPS-related Form I-765, 
USCIS will issue the individual a new EAD that will be valid through 
August 3, 2024.

Refiling an Initial TPS Registration Application After Denial of a Fee 
Waiver Request

    If your fee waiver request is denied, you must refile your Form I-
821 for TPS along with the required fees during the registration 
period, which extends until August 3, 2024. You may also file your Form 
I-765 with payment of the fee along with your TPS application or at any 
later date you decide you want to request an EAD during the 
registration period.

[[Page 5029]]

Refiling a TPS Re-Registration Application After Denial of a Fee Waiver 
Request

    You should refile your Form I-821 for TPS and Form I-765 as soon as 
possible so USCIS can process your application and issue any EAD 
promptly, if you requested one. Properly filing early will also give 
you time to refile your application before the deadline, if USCIS does 
not grant your fee waiver request. If you receive a notice that USCIS 
did not grant your fee waiver request, and you are unable to refile by 
the re-registration deadline, you may still refile your Form I-821 with 
the biometric services fee. USCIS will review this situation to 
determine whether you established good cause for late TPS re-
registration. However, if possible, we urge you to refile within 45 
days of the date on any USCIS notice that we did not grant you a fee 
waiver. See INA section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 
244.17(b). For more information on good cause for late re-registration, 
visit the USCIS TPS web page at https://www.uscis.gov/tps. If USCIS 
does not grant your fee waiver request, you may also refile your Form 
I-765 with the fee either with your Form I-821 or at a later time, if 
you choose.

    Note: A re-registering TPS beneficiary age 14 and older must pay 
the biometric services fee (but not the Form I-821 filing fee), or 
request a fee waiver, when filing a TPS re-registration application. 
However, if you decide to wait to request an EAD, you do not have to 
file the Form I-765 or pay the associated Form I-765 fee (or request 
a fee waiver) at the time of re-registration. You may wait to seek 
an EAD until after USCIS has approved your TPS re-registration 
application or at any later date you decide you want to request an 
EAD. To re-register for TPS, you only need to file the Form I-821 
with the biometric services fee, if applicable (or request a fee 
waiver).

Filing Information

    USCIS offers the option to applicants for TPS under Haiti's 
designation to file Form I-821 and related requests for EADs online or 
by mail. When filing a TPS application, applicants can also request an 
EAD by submitting a completed Form I-765, Request for Employment 
Authorization, with their Form I-821.
    Online filing: Forms I-821 and I-765 are available for concurrent 
filing online.\69 \To file these forms online, you must first create a 
USCIS online account.\70\
---------------------------------------------------------------------------

    \69\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \70\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

    Mail filing: Mail your application for TPS to the proper address in 
Table 1.

Table 1--Mailing Addresses

    Mail your completed Form I-821, Application for Temporary Protected 
Status; Form I-765, Application for Employment Authorization, if 
applicable; 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 live in the following states:        USCIS, Attn: TPS Haiti, P.O.
 Florida or New York, and you are using   Box 660167, Dallas, TX 75266-
 the U.S. Postal Service (USPS).          0167.
You live in the following states:        USCIS, Attn: TPS Haiti (Box
 Florida or New York, and you are using   660167), 2501 S State Highway,
 FedEx, UPS, or DHL.                      121 Business, Suite 400,
                                          Lewisville, TX 75067-8003.
You live in any other state, and you     USCIS, Attn: TPS Haiti, P.O.
 are using the U.S. Postal Service        Box 24047, Phoenix, AZ 85074-
 (USPS).                                  4047.
You live in any other state, and you     USCIS Attn: TPS Haiti (Box
 are using FedEx, UPS, or DHL.            24047), 1820 E Skyharbor
                                          Circle S, Suite 100, Phoenix,
                                          AZ 85034-4850.
------------------------------------------------------------------------

    If you were granted TPS by an immigration judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD, please 
mail your Form I-765 application to the appropriate mailing address in 
Table 1. When you are requesting an EAD based on an IJ/BIA grant of 
TPS, please include a copy of the IJ or BIA order granting you TPS with 
your application. This will help us verify your grant of TPS and 
process your application.

Supporting Documents

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

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- The address listed for on the
 821, Application for Temporary            TPS page for your country.
 Protected Status.

[[Page 5030]]

 
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,
 FedEx, UPS, or DHL: You must include a    Ste. 400, Lewisville, TX
 copy of the receipt notice (Form I-       75067.
 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).
Am I eligible to receive an automatic extension of my current EAD 
through February 3, 2024, using this Federal Register notice?
    Yes. Regardless of your country of birth, provided that you 
currently have a Haiti TPS-based EAD that has the notation A-12 or C-19 
under Category and a ``Card Expires'' date of February 3, 2023, this 
Federal Register notice automatically extends your EAD through February 
3, 2024. Although this Federal Register notice automatically extends 
your EAD through February 3, 2024, you must re-register timely for TPS 
in accordance with the procedures described in this Federal Register 
notice to maintain your TPS and employment authorization.

    Note: The validity dates of certain EADs with facial expiration 
dates before February 3, 2023 for TPS beneficiaries who are covered 
by the Ramos injunction continue in accordance with 86 FR 50725 
(Sept. 10, 2021) and may be continued by a superseding litigation-
related notice.

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 employment 
authorization), or you may present an acceptable receipt as described 
in the Form I-9 Instructions. Employers may not reject a document based 
on a future expiration date. You can find additional information about 
Form I-9 on the I-9 Central web page at https://www.uscis.gov/I-9Central. An EAD is an acceptable document under List A. See the 
section ``How do my employer and I complete Form I-9 using my 
automatically extended EAD for a new job?'' of this Federal Register 
notice for further information. If your EAD states A-12 or C-19 under 
Category and has a ``Card Expires'' date of February 3, 2023, it has 
been extended automatically by virtue of this Federal Register notice 
and you may choose to present your EAD to your employer as proof of 
identity and employment eligibility for Form I-9 through February 3, 
2024, unless your TPS has been withdrawn or your request for TPS has 
been denied. Your country of birth notated on the EAD does not have to 
reflect the TPS designated country of Haiti for you to be eligible for 
this extension.
What documentation may I present to my employer for Form I-9 if I am 
already employed but my current TPS-related EAD is set to expire?
    Even though we have automatically extended your EAD, your employer 
is required by law to ask you about your continued employment 
authorization. Your employer may need to re-inspect your automatically 
extended EAD to check the ``Card Expires'' date and Category code if 
your employer did not keep a copy of your EAD when you initially 
presented it. Once your employer has reviewed the ``Card Expires'' date 
and Category code, your employer should update the EAD expiration date 
in Section 2 of Form I-9. See the section ``What updates should my 
current employer make to Form I-9 if my EAD has been automatically 
extended?'' of this Federal Register notice for further information. 
You may show this Federal Register notice to your employer to explain 
what to do for Form I-9 and to show that USCIS has automatically 
extended your EAD through February 3, 2024, but you are not required to 
do so. The last day of the automatic EAD extension is February 3, 2024. 
Before you start work on February 4, 2024, your employer is required by 
law to reverify your employment authorization on Form I-9. By that 
time, you must present any document from List A or any document from 
List C on Form I-9 Lists of Acceptable Documents, or an acceptable List 
A or List C receipt described in the Form I-9 instructions to reverify 
employment authorization.

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    Your employer may not specify which List A or List C document you 
must present and cannot reject an acceptable receipt.
If I have an EAD based on another immigration status, can I obtain a 
new TPS-based EAD?
    Yes, if you are eligible for TPS, you can obtain a new TPS-based 
EAD, regardless of whether you have an EAD or work authorization based 
on another immigration status. If you want to obtain a new TPS-based 
EAD valid through August 3, 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 Haitian citizenship or a Form I-
797C 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 may not request proof of Haitian citizenship or proof of 
registration for TPS when completing Form I-9 for new hires or 
reverifying the employment authorization of current employees. If you 
present an EAD that USCIS has automatically extended, employers should 
accept it as a valid List A document so long as the EAD reasonably 
appears to be genuine and to relate to you. Refer to the ``Note to 
Employees'' section of this Federal Register notice for important 
information about your rights if your employer rejects lawful 
documentation, requires additional documentation, or otherwise 
discriminates against you based on your citizenship or immigration 
status, or your national origin.
How do my employer and I complete Form I-9 using my automatically 
extended EAD for a new job?
    When using an automatically extended EAD to complete Form I-9 for a 
new job before February 3, 2024:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter February 
3, 2024, as the ``expiration date''; and
    b. Enter your USCIS number or A-Number where indicated. (Your EAD 
or other document from DHS will have your USCIS number or A-Number 
printed on it; the USCIS number is the same as your A-Number without 
the A prefix.)
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended by ensuring it is in 
category A-12 or C-19 and has a ``Card Expires'' date of February 3, 
2023;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write February 3, 2024, as the expiration date.
    Before the start of work on February 4, 2024, employers must 
reverify the employee's employment authorization on Form I-9.
What updates should my current employer make to Form I-9 if my EAD has 
been automatically extended?
    If you presented a TPS-related EAD that was valid when you first 
started your job and USCIS has now automatically extended your EAD, 
your employer may need to re-inspect your current EAD if they do not 
have a copy of the EAD on file. Your employer should determine if your 
EAD is automatically extended by ensuring that it contains Category A-
12 or C-19 on the front of the card and has a ``Card Expires'' date of 
February 3, 2023. Your employer may not rely on the country of birth 
listed on the card to determine whether you are eligible for this 
extension.
    If your employer determines that USCIS has automatically extended 
your EAD, your employer should update Section 2 of your previously 
completed Form I-9 as follows:
    1. Write EAD EXT and February 3, 2024, as the last day of the 
automatic extension in the Additional Information field; and
    2. Initial and date the correction.

    Note: This is not considered a reverification. Employers do not 
reverify the employee until either the one-year automatic extension 
has ended, or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By February 4, 2024, 
when the employee's automatically extended EAD has expired, 
employers are required by law to reverify the employee's employment 
authorization on Form I-9.

If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?
    Employers may create a case in E-Verify for a new employee by 
entering the number from the Document Number field on Form I-9 into the 
document number field in E-Verify. Employers should enter February 3, 
2024, as the expiration date for an EAD that has been extended under 
this Federal Register notice.
If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiring'' alert for an automatically 
extended EAD?
    E-Verify automated the verification process for TPS-related EADs 
that are automatically extended. If you have employees who provided a 
TPS-related EAD when they first started working for you, you will 
receive a ``Work Authorization Documents Expiring'' case alert when the 
auto-extension period for this EAD is about to expire. Before this 
employee starts work on February 4, 2024, you must reverify their 
employment authorization on Form I-9. Employers may not use E-Verify 
for reverification.

Note to All Employers

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

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at [email protected]. USCIS accepts calls in 
English, Spanish and many other languages. Employees or job applicants 
may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) 
for information regarding employment discrimination based on 
citizenship, immigration status, or national origin, including 
discrimination related to Form I-9 and E-Verify. The IER Worker Hotline 
provides language interpretation in numerous languages.

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    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 contest 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/ier 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, if you present an automatically extended EAD 
referenced in this Federal Register notice, you do not need to show any 
other document, such as a Form I-797C, Notice of Action, or this 
Federal Register notice, to prove that you qualify for this extension. 
While Federal Government agencies must follow the guidelines laid out 
by the Federal Government, State and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each state may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, State, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary, show you are authorized to work based on TPS or other 
status, or may be used by DHS to determine if you have TPS or another 
immigration status. Examples of such documents are:
     Your current 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 Haiti;
     Your Form I-94, Arrival/Departure Record;
     Your Form I-797C, Notice of Action, reflecting approval of 
your Form I-765; or
     Form I-797 or Form I-797C, Notice of Action, reflecting 
approval or receipt of a past or current Form I-821.
    Check with the government agency requesting documentation regarding 
which document(s) the agency will accept. Some state and local 
government agencies use the SAVE program to confirm the current 
immigration status of applicants for public benefits.
    While SAVE can verify that an individual has TPS, each state and 
local government agency's procedures govern whether they will accept an 
unexpired EAD, Form I-797, Form I-797C, or Form I-94, Arrival/Departure 
Record. If an agency accepts the type of TPS-related document you 
present, such as an EAD, the agency should accept your automatically 
extended EAD, regardless of the country of birth listed on the EAD. It 
may assist the agency if you:
    a. Give the agency a copy of the relevant Federal Register notice 
listing the TPS-related document, including any applicable auto-
extension of the document, in addition to presenting your recent TPS-
related document with your A-Number, or USCIS number;
    b. Explain that SAVE will be able to verify the continuation of 
your TPS using this information; and
    c. Ask the agency to initiate a SAVE query with your information 
and follow through with additional verification steps, if necessary, to 
get a final SAVE response verifying your TPS.
    You can also ask the agency to look for SAVE notices or contact 
SAVE if they have any questions about your immigration status or 
automatic extension of TPS-related documentation. In most cases, SAVE 
provides an automated electronic response to benefit-granting agencies 
within seconds, but occasionally verification can be delayed. You can 
check the status of your SAVE verification by using CaseCheck at 
https://save.uscis.gov/casecheck. CaseCheck is a free service that lets 
you follow the progress of your SAVE verification case using your date 
of birth and one immigration identifier number (A-Number, USCIS number, 
or Form I-94 number) or Verification Case Number. If an agency has 
denied your application based solely or in part on a SAVE response, the 
agency must offer you the opportunity to appeal the decision in 
accordance with the agency's procedures. If the agency has received and 
acted on or will act on a SAVE verification and you do not believe the 
SAVE response is correct, the SAVE website, www.uscis.gov/save, has 
detailed information on how to make corrections or update your 
immigration record, make an appointment, or submit a written request to 
correct records.

[FR Doc. 2023-01586 Filed 1-25-23; 8:45 am]
BILLING CODE 9111-97-P