Extension and Redesignation of Ukraine for Temporary Protected Status, 56872-56880 [2023-17875]

Agencies

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

[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56872-56880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17875]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2747-23; DHS Docket No. USCIS-2022-0003]
RIN 1615-ZB91


Extension and Redesignation of Ukraine 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 Ukraine for Temporary Protected Status 
(TPS) for 18 months, beginning on October 20, 2023, and ending on April 
19, 2025. This extension allows existing TPS beneficiaries to retain 
TPS through April 19, 2025, so long as they otherwise continue to meet 
the eligibility requirements for TPS. Existing TPS beneficiaries who 
wish to extend their status through April 19, 2025, must re-register 
during the 60-day re-registration period described in this notice. The 
Secretary is also redesignating Ukraine for TPS. The redesignation of 
Ukraine allows additional Ukrainian nationals (and individuals having 
no nationality who last habitually resided in Ukraine) who have been 
continuously residing in the United States since August 16, 2023, to 
apply for TPS for the first time during the initial registration period 
described under the redesignation information in this notice. In 
addition to demonstrating continuous residence in the United States 
since August 16, 2023, 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 
October 20, 2023, the effective date of this redesignation of Ukraine 
for TPS.

DATES: Extension of Designation of Ukraine for TPS: The 18-month 
designation of Ukraine for TPS begins on October 20, 2023, and will 
remain in effect for 18 months, ending on April 19, 2025. The extension 
impacts existing beneficiaries of TPS.
    Re-registration: The 60-day re-registration period for existing 
beneficiaries runs from August 21, 2023 through October 20, 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 reregistration could 
result in gaps in their employment authorization documentation.)
    Redesignation of Ukraine for TPS: The 18-month redesignation of 
Ukraine for TPS begins on October 20, 2023, and will remain in effect 
for 18 months, ending on April 19, 2025. The redesignation impacts 
potential first-

[[Page 56873]]

time applicants and others who do not currently have TPS.
    First-time Registration: The initial registration period for new 
applicants under the Ukraine TPS redesignation begins on August 21, 
2023 and will remain in effect through April 19, 2025.

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 Ukraine's TPS designation by selecting 
``Ukraine'' from the menu on the left side of the TPS web page.
     If you have additional questions about TPS, please visit 
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of 
your questions and point you to additional information on our website. 
If you are unable to find your answers there, you may also call our 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
     Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at uscis.gov, or visit the USCIS Contact Center at 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 Ukraine (or individuals having no nationality who last 
habitually resided in Ukraine) to (1) re-register for TPS and to apply 
for renewal of their EADs with USCIS or (2) submit an initial 
registration application under the redesignation and apply for an EAD.
    Re-registration is limited to individuals who have previously 
registered for TPS under the prior designation of Ukraine and whose 
applications have been granted. Failure to re-register properly within 
the 60-day re-registration period may result in the withdrawal of your 
TPS following appropriate procedures. See 8 CFR 244.14.
    For individuals who have already been granted TPS under Ukraine's 
designation, the 60-day re-registration period runs from August 21, 
2023 through October 20, 2023. USCIS will issue new EADs with an April 
19, 2025, expiration date to eligible Ukrainian 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 certain EADs previously issued 
under the TPS designation of Ukraine through October 19, 2024. 
Therefore, as proof of continued employment authorization through 
October 19, 2024, TPS beneficiaries can show their EADs that have the 
notation A-12 or C-19 under Category and a ``Card Expires'' date of 
October 19, 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.
    Individuals who have a Ukraine TPS application (Form I-821) and/or 
Application for Employment Authorization (Form I-765) that was still 
pending as of August 21, 2023 do not need to file either application 
again. If USCIS approves an individual's pending Form I-821, USCIS will 
grant the individual TPS through April 19, 2025. Similarly, if USCIS 
approves a pending TPS-related Form I-765, USCIS will issue the 
individual a new EAD that will be valid through the same date. There 
are currently approximately 26,000 beneficiaries under Ukraine's TPS 
designation.
    Under the redesignation, individuals who currently do not have TPS 
may submit an initial application during the initial registration 
period that runs from August 21, 2023 and runs through the full length 
of the redesignation period ending April 19, 2025. In addition to 
demonstrating continuous residence in the United States since August 
16, 2023, and meeting other eligibility criteria, initial applicants 
for TPS under this redesignation must demonstrate that they have been 
continuously physically present in the United States since October 20, 
2023,\1\ the effective date of this redesignation of Ukraine, before 
USCIS may grant them TPS. DHS estimates that approximately 166,700 
individuals may become newly eligible for TPS under the redesignation 
of Ukraine.
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    \1\ 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 secs. 244(b)(2)(A) 
(effective date of designation); 244(c)(1)(A)(i-ii) (CR and CPP date 
requirements); 8 U.S.C. 1254a(b)(2)(A); 1254a(c)(1)(A)(i-ii).
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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 obtain EADs so long as they continue to meet the 
requirements of TPS.
     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

[[Page 56874]]

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 Ukraine designated for TPS?

    Ukraine was initially designated on the basis of an ongoing armed 
conflict and extraordinary and temporary conditions in Ukraine that 
prevented nationals of Ukraine from returning in safety. See 
Designation of Nationals of Ukraine for Temporary Protected Status, 87 
FR 23211 (April 19, 2022).

What authority does the Secretary have to extend the designation 
Ukraine 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.\2\ 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 sec. 244(b)(5)(A), 8 U.S.C. 
1254a(b)(5)(A).\3\ 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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    \2\ 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, Pub. L. 107-296, 116 Stat. 2135 (2002). 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. INA sec. 244(b)(1); 8 U.S.C. 
1254a(b)(1).
    \3\ 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 granted Feb. 10, 2023(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 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).

What is the Secretary's authority to redesignate Ukraine 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 sec. 
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA sec. 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).\4\
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    \4\ The extension and redesignation of TPS for Ukraine 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., ``Extension and Redesignation of Haiti for 
Temporary Protected Status'' 76 FR 29000 (May 19, 2011); ``Extension 
and Re-designation of Temporary Protected Status for Sudan'' 69 FR 
60168 (Oct. 7, 2004); ``Extension of Designation and Redesignation 
of Liberia Under Temporary Protected Status Program'' 62 FR 16608 
(Apr. 7, 1997).
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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 sec. 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 Ukraine shall be August 16, 2023. Initial applicants 
for TPS under this redesignation must also show they have been 
``continuously physically present'' in the United States since October 
20, 2023, which is the effective date of the Secretary's redesignation, 
of Ukraine. See INA sec. 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 October 20, 2023, 
the effective date of this redesignation for Ukraine. 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 Ukraine and 
simultaneously redesignating Ukraine for TPS through April 19, 2025?

    DHS has reviewed country conditions in Ukraine. Based on the 
review, including input received from DOS and other U.S. Government 
agencies, the Secretary has determined that an 18-month TPS extension 
is warranted because ongoing armed conflict and extraordinary and 
temporary conditions supporting Ukraine's TPS designation remain. The 
Secretary has further determined that redesignating Ukraine for TPS 
under INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C) is warranted 
and is changing the ``continuous residence'' and ``continuous physical 
presence'' dates that applicants must meet to be eligible for TPS.

Overview

    On February 24, 2022, Russia massively expanded its unprovoked 
military invasion of Ukraine, marking the largest conventional military 
action in Europe since World War II.\5\ There is widespread fear and 
flight of Ukrainian nationals as Russia's forces have continued to 
engage in significant, sustained bombardment of major cities across the 
country, including attacks on Ukraine's capital, Kyiv.\6\ Members of 
Russia's forces have also committed war crimes and the crimes against 
humanity of murder, torture, rape, and, alongside other Russian 
officials, deportation of

[[Page 56875]]

population.\7\ This ongoing armed conflict poses a serious threat to 
the safety of nationals returning to Ukraine. Extraordinary and 
temporary conditions, including destroyed infrastructure, lack of 
access to healthcare, and displacement continue to prevent Ukrainian 
nationals from returning to their homes in safety.
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    \5\ ``Russia invades Ukraine on multiple fronts in `brutal act 
of war','' PBS, Feb. 24, 2022, available at https://www.pbs.org/newshour/world/russia-invades-ukraine-on-multiple-fronts-in-brutal-act-of-war (last visited Mar. 1, 2022); Natalia Zinets and 
Aleksandar Vasovic, ``Missiles rain down around Ukraine,'' Reuters, 
Feb. 24, 2022, available at https://www.reuters.com/world/europe/putin-orders-military-operations-ukraine-demands-kyiv-forces-surrender-2022-02-24/ (last visited Mar. 1, 2022).
    \6\ Amnesty Int'l, Amnesty International Report 2022/23: The 
State of the World's Human Rights, Ukraine, 2022, Mar. 27, 2023, 
available at https://www.ecoi.net/en/document/2089403.html (last 
visited May 8, 2023); ACLED--Armed Conflict Location & Event Data 
Project, War in Ukraine: One Year On, Nowhere Safe, Mar. 1, 2023, 
available at https://acleddata.com/2023/03/01/war-in-ukraine-one-year-on-nowhere-safe/ (last visited May 8, 2023).
    \7\ Antony J. Blinken, U.S. Sec'y of State, Virtual Remarks on 
Russia's Accountability for the Crimes in Ukraine, U.S. Dept. of 
State (Mar. 31, 2023) available at: https://ua.usembassy.gov/secretary-antony-j-blinken-virtual-remarks-on-russias-accountability-for-the-crimes-in-ukraine/ (last visited May 4, 
2023); Amnesty Int'l, Amnesty International Report 2022/23: The 
State of the World's Human Rights, Ukraine, at 377-82, available at 
https://www.ecoi.net/en/document/2089403.html (last visited May 4, 
2023); https://ua.usembassy.gov/crimes-against-humanity-in-ukraine/; 
https://www.state.gov/war-crimes-by-russias-forces-in-ukraine/.
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Armed Conflict and Violence

    Russia's expanded military invasion of Ukraine has placed civilians 
at significant risk of physical harm throughout the country and caused 
vast harm to infrastructure.\8\ By April 2023, the Office of the UN 
High Commissioner for Human Rights (OHCHR) recorded 22,734 civilian 
casualties in Ukraine, including 8,490 killed and 14,244 injured.\9\ 
OHCHR further found that most of the recorded civilian casualties were 
caused by explosive weapons, including shelling from heavy artillery, 
multiple launch rocket systems, missiles, and air strikes.\10\ Russian 
forces continue to launch aerial attacks across Ukraine, resulting in 
immense damage to civilian infrastructure. In Kyiv, damage to a thermal 
power plant led to loss of electricity and heating in parts of the 
city, while aerial attacks in oblasts including Kharkiv, Lviv, 
Zhytomyr, and others, resulted in numerous power outages.\11\ Damage to 
buildings, infrastructure, energy, and agricultural sectors will cost 
roughly $411 billion to repair.\12\
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    \8\ Press briefing notes on Ukraine, United Nations Office of 
the High Commissioner Human Rights, Mar. 1, 2022, available at 
https://reliefweb.int/report/ukraine/press-briefing-notes-ukraine-01-march-2022-enru (last visited May 15, 2022).
    \9\ U. N. Human Rights Office of High Comm'r (OHCHR), Ukraine: 
civilian casualty update, Apr. 10, 2023, available at https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023 (last visited May 4, 2023).
    \10\ U. N. Human Rights Office of High Comm'r (OHCHR), Ukraine: 
civilian casualty update, Apr. 10, 2023, available at https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023 (last visited May 4, 2023).
    \11\ USAID, Ukraine--Complex Emergency, Mar. 10, 2023, available 
at https://www.usaid.gov/sites/default/files/2023-03/2023-03-10_Ukraine_Complex_Emergency_Fact_Sheet_10.pdf (last visited May 5, 
2023).
    \12\ The World Bank, Updated Ukraine Recovery and Reconstruction 
Needs Assessment, Mar. 23, 2023, available at: https://www.worldbank.org/en/news/press-release/2023/03/23/updated-ukraine-recovery-and-reconstruction-needs-assessment (last visited May 5, 
2023).
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Humanitarian Situation and Human Rights Abuses

    Loss of life, injuries, lack of access to healthcare, displacement, 
and damaged infrastructure as a result of the ongoing war in Ukraine 
have created a humanitarian crisis and has had a severe impact, with 
millions of Ukrainians requiring humanitarian assistance.\13\ According 
to the 2023 Humanitarian Needs Overview (HNO) for Ukraine, an estimated 
17.6 million Ukrainian people require humanitarian assistance in 2023, 
of which 52% are assessed to have ``severe'' humanitarian needs and 28% 
have ``catastrophic'' (i.e., the most severe) humanitarian needs.\14\ 
Heavy fighting in eastern regions of Ukraine has led to large influxes 
of internally displaced persons (IDPs) from those areas into 
neighboring regions.\15\ There continues to be significant humanitarian 
concerns including lack of infrastructure, healthcare, and 
displacement. This ongoing humanitarian crisis constitutes 
extraordinary and temporary conditions that make it difficult for 
Ukrainian nationals and stateless habitual residents of Ukraine to 
safely return to their country.
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    \13\ Ukraine one year on: IRC survey reveals war has near 
universal impact, IRC, Feb. 22, 2023, available at https://www.rescue.org/press-release/ukraine-one-year-irc-survey-reveals-war-has-near-universal-impact (last visited Apr. 10, 2023).
    \14\ U.N. Office for the Coordination of Humanitarian Affairs, 
Ukraine: Humanitarian Response Plan,, Feb. 15, 2023, available at 
https://reliefweb.int/report/ukraine/ukraine-humanitarian-response-plan-february-2023-enuk (last visited Mar. 24, 2023).
    \15\ USAID, Ukraine--Complex Emergency, Mar. 10, 2023, available 
at https://www.usaid.gov/sites/default/files/2023-03/2023-03-10_Ukraine_Complex_Emergency_Fact_Sheet_10.pdf (last visited May 5, 
2023).
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    In March 2022, the U.S. government assessed that members of 
Russia's forces committed war crimes in Ukraine. In February 2023, the 
Secretary of State determined that members of Russia's forces and other 
Russian officials had committed crimes against humanity in Ukraine.\16\ 
Widely reported atrocities and other abuses include torture, unlawful 
killings, sexual violence, disappearances, and attacks on hospitals and 
schools.\17\ Members of Russia's forces have unlawfully transferred or 
deported Ukrainian civilians, including children, within occupied areas 
of Ukraine and from occupied areas of Ukraine to the Russian 
Federation, which is a grave breach of the Fourth Geneva Convention and 
a war crime.\18\ The U.S. Department of State reported alarming 
findings from the Office of the UN High Commissioner for Human Rights 
Monitoring Mission in Ukraine (HRMMU) that, since February 24, 2022, 
there have been 86 documented cases of conflict-related sexual 
violence, including ``rape, gang rape, forced nudity and forced public 
stripping, sexual torture, and sexual abuse.'' \19\
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    \16\ Antony J. Blinken, U.S. Sec'y of State, Virtual Remarks on 
Russia's Accountability for the Crimes in Ukraine, U.S. Dept. of 
State, Mar. 31, 2023, available at: https://ua.usembassy.gov/secretary-antony-j-blinken-virtual-remarks-on-russias-accountability-for-the-crimes-in-ukraine/ (last visited May 4, 
2023).
    \17\ Antony J. Blinken, U.S. Sec'y of State, Virtual Remarks on 
Russia's Accountability for the Crimes in Ukraine, U.S. Dept. of 
State, Mar. 31, 2023, available at: https://ua.usembassy.gov/secretary-antony-j-blinken-virtual-remarks-on-russias-accountability-for-the-crimes-in-ukraine/ (last visited May 4, 
2023); Amnesty Int'l, Amnesty International Report 2022/23: The 
State of the World's Human Rights, Ukraine, at 377--82, available at 
https://www.ecoi.net/en/document/2089403.html (last visited May 4, 
2023).
    \18\ Situation in Ukraine: ICC judges issue arrest warrants 
against Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-
Belova, International Criminal Court (ICC), Mar. 17, 2023, available 
at https://www.icc-cpi.int/news/situation-ukraine-icc-judges-issue-arrest-warrants-against-vladimir-vladimirovich-putin-and (last 
visited May 5, 2023).
    \19\ U.S. Dept. of State, 2022 Country Report on Human Rights 
Practices: Ukraine, Mar. 20, 2023, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/ukraine/ (last visited May 5, 2023).
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    Loss of life, injuries, lack of access to healthcare, displacement, 
and damaged infrastructure as a result of the ongoing war in Ukraine 
have created a humanitarian crisis and have had a severe impact, with 
millions of Ukrainians requiring humanitarian assistance.\20\ In June 
2023, the Kakhovka dam collapsed causing serious environmental 
destruction including flooding of homes and farms, drying of irrigation 
canals, and the loss of countless trees, plants, and crops.\21\ The dam 
collapse has led to increased pollution in the region, as flooding 
through industrial areas carried over 150 tons of machine oil into the 
Black Sea and caused oil slicks across

[[Page 56876]]

Kherson.\22\ As a result of the dam's destruction, approximately 70 
percent of the Kakhovka Reservoir, one of the largest in Europe, 
emptied and is currently below its operational threshold.\23\ This has 
cut off or threatened clean water supplies for at least 200,000 people, 
a number that could increase to 700,000, across southern Ukraine.\24\ 
Additionally, attacks on electrical grids pose a serious humanitarian 
concern, particularly in winter as frigid winter temperatures set in 
and Ukrainians were without heat.\25\ Hundreds of schools have also 
been damaged or destroyed, resulting in severe disruption in the 
education of millions of students.\26\ The WHO Surveillance System 
reported 763 attacks on healthcare facilities in 2022, leaving up to 50 
percent of medical facilities non-functional in eastern and southern 
parts of Ukraine.\27\ As a result of the ongoing attacks, health care 
workers were forced to flee, leaving few present to attend to growing 
needs.\28\ More than 6.2 million Ukrainians are now refugees and an 
estimated 5.1 million Ukrainians are Internally Displaced Persons 
(IDP).\29\ Large-scale displacement of this nature drives other 
protection concerns, including gender-based violence, separation of 
children from their families, and restrictions on movement.\30\ In 
summary, Russia's invasion of Ukraine has led to large numbers of 
civilian casualties and a mounting record of serious human rights 
abuses by Russian forces against civilians. The war has created a 
deepening humanitarian crisis, including mass displacement, destruction 
of civilian infrastructure that is causing both economic and social 
harm, and limitations on access to vital healthcare.
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    \20\ Ukraine one year on: IRC survey reveals war has near 
universal impact, IRC, Feb. 22, 2023, available at https://www.rescue.org/press-release/ukraine-one-year-irc-survey-reveals-war-has-near-universal-impact (last visited Apr. 10, 2023).
    \21\ Lori Hinnant, Sam McNeil, and Illia Novikov, Ukraine's dam 
collapse is both a fast-moving disaster and a slow-moving ecological 
catastrophe, Associated Press, June 11, 2023, available at: https://apnews.com/article/ukraine-dam-environment-disaster-753d1e03810e6bd2e4a26cf2dd3aa97b (last visited: July 19, 2023); 
Jamey Keaten, Ukrainian dam breach: What's happening and what's at 
stake, Associated Press, June 7, 2023, available at: https://apnews.com/article/kakhovka-dam-ukraine-russia-war-whats-at-stake-a417dafefa79462bef5e4e63c0a94c8c (last visited: July 19, 2023).
    \22\ Lori Hinnant, Sam McNeil, and Illia Novikov, Ukraine's dam 
collapse is both a fast-moving disaster and a slow-moving ecological 
catastrophe, Associated Press, June 11, 2023, available at: https://apnews.com/article/ukraine-dam-environment-disaster-753d1e03810e6bd2e4a26cf2dd3aa97b (last visited: July 19, 2023).
    \23\ United Nations, Ukraine: 700,000 people affected by water 
shortages from dam disaster, June 16, 2023, available at: https://
news.un.org/en/story/2023/06/
1137797#:~:text=Cut%20off%20from%20drinking%20water,empty%2C%20accord
ing%20to%20Ukrainian% (last visited: July 19, 2023).
    \24\ United Nations, Ukraine: 700,000 people affected by water 
shortages from dam disaster, June 16, 2023, available at: https://
news.un.org/en/story/2023/06/
1137797#:~:text=Cut%20off%20from%20drinking%20water,empty%2C%20accord
ing%20to%20Ukrainian%20authorities (last visited: July 19, 2023).
    \25\ The Guardian, Ukrainians endure grim winter as Russia 
destroys infrastructure--in maps, Feb. 6, 2023, available at https://www.theguardian.com/world/ng-interactive/2023/feb/06/ukrainians-endure-grim-winter-as-russia-destroys-infrastructure-in-maps (last 
visited May 5, 2023).
    \26\ U.N. Office of the High Comm'r for Human Rights, Report on 
the human rights situation in Ukraine (1 August 2022-31 January 
2023); Mar. 24, 2023, available at: https://www.ohchr.org/en/documents/country-reports/report-human-rights-situation-ukraine-1-august-2022-31-january-2023 (last visited on May 12, 2023).
    \27\ U.N. Office for the Coordination for Humanitarian Affairs 
(OCHA), Ukraine humanitarian response--Key achievements in 2022, 
Feb. 10, 2023, available at https://reports.unocha.org/en/country/ukraine (last visited May 5, 2023).
    \28\ OCHA, Ukraine humanitarian response--Key achievements in 
2022, Feb. 10, 2023, available at https://reports.unocha.org/en/country/ukraine (last visited May 5, 2023).
    \29\ UNHCR, Ukraine Refugee Situation, Aug. 1, 2023, available 
at: https://data2.unhcr.org/en/situations/ukraine (last visited Aug. 
3, 2023); IOM, Ukraine--Internal Displacement Report--General 
Population Survey Round 13 (11 May-14 June 2023), June 2023, 
available at: https://dtm.iom.int/reports/ukraine-internal-displacement-report-general-population-survey-round-13-11-may-14-june-2023?close=true (last visited Aug. 3, 2023).
    \30\ OCHA, Ukraine humanitarian response--Key achievements in 
2022, Feb. 10, 2023, available at https://reports.unocha.org/en/country/ukraine/ (last visited May 5, 2023).
---------------------------------------------------------------------------

    Based upon this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Ukraine's designation for TPS 
continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C. 
1254a(b)(3)(A) and (C).
     There continues to be an ongoing armed conflict in Ukraine 
and, due to such conflict, requiring the return to Ukraine of Ukrainian 
nationals (or individuals having no nationality who last habitually 
resided in Ukraine) would pose a serious threat to their personal 
safety. See INA sec. 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
     There continue to be extraordinary and temporary 
conditions in Ukraine that prevent Ukrainian nationals (or individuals 
having no nationality who last habitually resided in Ukraine) from 
returning to Ukraine in safety, and it is not contrary to the national 
interest of the United States to permit Ukrainian TPS beneficiaries to 
remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8 
U.S.C. 1254a(b)(1)(C).
     The designation of Ukraine for TPS should be extended for 
an 18-month period, beginning on October 20, 2023 and ending on April 
19, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Due to the conditions described above, Ukraine should be 
simultaneously extended and redesignated for TPS beginning on October 
20, 2023 and ending on April 19, 2025. See INA 244(b)(1)(A) and (C) and 
(b)(2), 8 U.S.C. 1254a(b)(1)(A) and (C) and (b)(2).
     For the redesignation, the Secretary has determined that 
TPS applicants must demonstrate that they have continuously resided in 
the United States since August 16, 2023.
     Initial TPS applicants under the redesignation must 
demonstrate that they have been continuously physically present in the 
United States since October 20, 2023, the effective date of the 
redesignation of Ukraine for TPS.
     There are approximately 26,000 current Ukraine TPS 
beneficiaries who are eligible to re-register for TPS under the 
extension.
     It is estimated that approximately 166,700 additional 
individuals may be eligible for TPS under the redesignation of Ukraine. 
This population includes Ukrainian nationals in the United States in 
nonimmigrant status or without immigration status.

Notice of the Designation of Ukraine 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 Ukraine's designation for TPS on the basis of an ongoing 
armed conflict and extraordinary and temporary conditions are met and 
that designating Ukraine for TPS is not contrary to the national 
interest of the United States. See INA sec. 244(b)(1)(A) and (C), 8 
U.S.C. 1254a(b)(1)(A) and (C). On the basis of this determination, I am 
simultaneously extending the existing designation of Ukraine for TPS 
for 18 months, beginning on October 20, 2023 and ending on April 19, 
2025, and redesignating Ukraine for TPS for the same 18-month period. 
See INA sec. 244(b)(1)(A) and (C) and (b)(2); 8 U.S.C. 1254a(b)(1)(A) 
and (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 Ukraine, 
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.

[[Page 56877]]

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.
    Individuals who have a Ukraine TPS application (Form I-821) that 
was still pending as of August 21, 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 April 19, 2025.
    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).

How can TPS beneficiaries obtain an employment authorization document 
(EAD)?

    Everyone must provide their employer with documentation showing 
that they have the legal right to work in the United States. TPS 
beneficiaries are eligible to obtain an EAD, which proves their legal 
right to work. Those who want to obtain an EAD must file a Form I-765 
and pay the Form I-765 fee (or request a fee waiver, which you may 
submit on Form I-912, Request for Fee Waiver). 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 Ukrainian TPS-related Form I-765 that was still 
pending as of August 21, 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 April 19, 
2025.

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

    If USCIS denies your fee waiver request, you can resubmit your TPS 
application. The fee waiver denial notice will contain specific 
instructions about resubmitting your application.

Filing Information

    USCIS offers the option to applicants for TPS under Ukraine'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: Forms I-821 and I-765 are available for concurrent 
filing online.\31\ To file these forms online, you must first create a 
USCIS online account.\32\ However, if you are requesting a fee waiver, 
you cannot submit the applications online. You will need to file paper 
versions of the fee waiver request and the form for which you are 
requesting the fee waiver.
---------------------------------------------------------------------------

    \31\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \32\ 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
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Alabama, Alaska, American Samoa,         USCIS Chicago Lockbox.
 Arizona, Arkansas, Colorado,            U.S. Postal Service (USPS):
 Connecticut, Delaware, District of       U.S. Citizenship and
 Columbia, Florida, Georgia, Guam,        Immigration Services, Attn:
 Hawaii, Idaho, Illinois, Indiana,        TPS Ukraine, P.O. Box 4464,
 Iowa, Kansas, Kentucky, Louisiana,       Chicago, IL 60680-4464.
 Maine, Maryland, Massachusetts, New     ...............................
 York, Ohio.                             FedEx, UPS, or DHL: U.S.
                                          Citizenship and Immigration
                                          Services, Attn: TPS Ukraine
                                          (Box 4464), 131 S Dearborn
                                          St., 3rd Floor, Chicago, IL
                                          60603-5517.
California, Michigan, Minnesota,         USCIS Phoenix Lockbox.
 Mississippi, Missouri, Montana,         U.S. Postal Service (USPS):
 Nebraska, Nevada, New Hampshire, New     U.S. Citizenship and
 Jersey, New Mexico, North Carolina,      Immigration Services, Attn:
 North Dakota, Northern Mariana           TPS Ukraine, P.O. Box 24047,
 Islands, Oklahoma, Oregon,               Phoenix, AZ 85074-4047.
 Pennsylvania, Puerto Rico, Rhode        ...............................
 Island, South Carolina, South Dakota,   FedEx, UPS, or DHL: U.S.
 Tennessee, Texas, Utah, Vermont,         Citizenship and Immigration
 Virgin Islands, Virginia, Washington,    Services, Attn: TPS Ukraine
 West Virginia, Wisconsin, Wyoming.       (Box 24047), 2108 E Elliot
                                          Rd., Tempe, AZ 85284-1806.
------------------------------------------------------------------------

    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 
file online or mail your Form I-765 application to the appropriate 
mailing address in Table 1 regardless of whether you are requesting a 
fee waiver. If filing online, please include the fee. If filing by 
mail, please include the fee or fee waiver request. 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 
(i.e., registering) for TPS on the USCIS website at https://www.uscis.gov/tps under ``Ukraine.''

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

[[Page 56878]]

separately. When filing Form I-131, you must:
     Select Item Number 1.d. in Part 2 on the Form I-131; and
     Submit the fee for Form I-131, or request a fee waiver, 
which you may submit on Form I-912, Request for Fee Waiver.
    If you are filing Form I-131 together with Form I-821, send your 
forms to the address listed in Table 1. If you are filing Form I-131 
separately based on a pending or approved Form I-821, send your form to 
the address listed in Table 2 and include a copy of Form I-797 for the 
approved or pending Form I-821.

                       Table 2--Mailing Addresses
------------------------------------------------------------------------
            If you are . . .                      Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with a Form   The address provided in Table
 I-821, Application for Temporary         1.
 Protected Status.
Filing Form I-131 based on a pending or  USCIS, Attn: I-131 TPS, P.O.
 approved Form I-821, and you are using   Box 660167, Dallas, TX 75266-
 the U.S. Postal Service (USPS):          0867.
You must include a copy of the receipt
 notice (Form I-797 or I-797C) showing
 we accepted or approved your Form I-
 821.
Filing Form I-131 based on a pending or  USCIS, Attn: I-131 TPS, 2501 S
 approved Form I-821, and you are using   State Hwy. 121, Business Ste.
 FedEx, UPS, or DHL:                      400, Lewisville, TX 75067.
You must include a copy of the receipt
 notice (Form I-797 or 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 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 October 19, 2024, through this Federal Register notice?

    Yes. Regardless of your country of birth, provided that you 
currently have a Ukraine TPS-based EAD that has the notation A-12 or C-
19 under Category and a ``Card Expires'' date of October 19, 2023, this 
Federal Register notice automatically extends your EAD through October 
19, 2024. Although this Federal Register notice automatically extends 
your EAD through October 19, 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.

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

    You can find the Lists of Acceptable Documents on 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 October 19, 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 October 19, 
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 Ukraine 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-examine 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 Expiration date 
and Category code, your employer should update the EAD expiration date 
in Section 2 of Form I-

[[Page 56879]]

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 October 
19, 2024, but you are not required to do so. The last day of the 
automatic EAD extension is October 19, 2024. Before you start work on 
October 20, 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.
    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 April 19, 2025, 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, proof of my Ukrainian 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 Ukrainian 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 October 20, 2024:
    1. For Section 1, you should:
    a. Check ``A noncitizen authorized to work until'' and enter 
October 19, 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 October 19, 
2023.
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write October 19, 2024, as the expiration date.
    Before the start of work on October 20, 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-examine 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 and has a ``Card Expires'' date of October 19, 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 October 19, 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 automatic extension has 
ended, or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By October 20, 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 October 19, 
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 October 20, 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

[[Page 56880]]

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/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 reflecting 
receipt of a Form I-765 EAD renewal application or this Federal 
Register notice, to prove that you qualify for this extension. While 
Federal Government agencies must follow the guidelines laid out by the 
Federal Government, State and local government agencies establish their 
own rules and guidelines when granting certain benefits. Each state may 
have different laws, requirements, and determinations about what 
documents you need to provide to prove eligibility for certain 
benefits. Whether you are applying for a Federal, State, or local 
government benefit, you may need to provide the government agency with 
documents that show you are a TPS beneficiary, show you are authorized 
to work based on TPS or other status, or that 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 Ukraine;
     Your Form I-94, Arrival/Departure Record;
     Your Form I-797, Notice of Action, reflecting approval of 
your Form I-765; or
     Form I-797 or Form I-797C, Notice of Action, reflecting 
approval or receipt of a past or current Form I-821, 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.
    While SAVE can verify that an individual has TPS, each agency's 
procedures govern whether they will accept an unexpired EAD, Form I-
797, Form I-797C, or Form I-94, Arrival/Departure Record. If an agency 
accepts the type of TPS-related document you present, such as an EAD, 
the agency should accept your automatically extended 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 
showing the extension of TPS-related documentation in addition to your 
recent TPS-related document with your A-number, USCIS number, or Form 
I-94 number;
    b. Explain that SAVE will be able to verify the continuation of 
your TPS using this information; and
    c. Ask the agency to initiate a SAVE query with your information 
and follow through with additional verification steps, if necessary, to 
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 
(such as 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. 2023-17875 Filed 8-18-23; 8:45 am]
BILLING CODE 9111-97-P