Extension and Redesignation of Syria for Temporary Protected Status, 5562-5571 [2024-01764]

Agencies

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

[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5562-5571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01764]


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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2763-24; DHS Docket No. USCIS-2013-0001]
RIN 1615-ZB72


Extension and Redesignation of Syria 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.

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

SUMMARY: Through this notice, the Department of Homeland Security

[[Page 5563]]

(DHS) announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Syria for Temporary Protected Status (TPS) 
for 18 months, beginning on April 1, 2024, and ending on September 30, 
2025. This extension allows existing TPS beneficiaries to retain TPS 
through September 30, 2025, if they otherwise continue to meet the 
eligibility requirements for TPS. Existing TPS beneficiaries who wish 
to extend their status through September 30, 2025, must re-register 
during the 60-day re-registration period described in this notice. The 
Secretary is also redesignating Syria for TPS. The redesignation of 
Syria allows additional Syrian nationals (and individuals having no 
nationality who last habitually resided in Syria) who have been 
continuously residing in the United States since January 25, 2024, 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 January 25, 2024, 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 
April 1, 2024, the effective date of this redesignation of Syria for 
TPS.

DATES: Extension and Redesignation of the Designation of Syria for TPS 
begins on April 1, 2024, and will remain in effect for 18 months. For 
registration instructions, see the Registration Information section 
below.

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 240-721-3000.
     For more 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 Syria's TPS designation by selecting 
``Syria'' 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 cannot 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.
     You can also find more information at local USCIS offices 
after this notice is published.

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

Registration Information

    Extension of Designation of Syria for TPS: The 18-month designation 
of Syria for TPS begins on April 1, 2024, and will remain in effect for 
18 months, ending on September 30, 2025. The extension impacts existing 
beneficiaries of TPS.
    Re-registration: The 60-day re-registration period for existing 
beneficiaries runs from January 29, 2024 through March 29, 2024. (Note: 
It is important for re-registrants to timely re-register during the re-
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 Syria for TPS: The 18-month redesignation of Syria 
for TPS begins on April 1, 2024, and will remain in effect for 18 
months, ending on September 30, 2025. 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 Syria TPS redesignation begins on January 29, 2024 
and will remain in effect through September 30, 2025.

Purpose of This Action (TPS)

    Through this notice, DHS sets forth procedures necessary for 
nationals of Syria (or individuals having no nationality who last 
habitually resided in Syria) to (1) re-register for TPS and apply to 
renew their EAD 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 Syria and whose 
applications have been granted. If you do not re-register properly 
within the 60-day re-registration period, USCIS may withdraw your TPS 
following appropriate procedures. See 8 CFR 244.14.
    For individuals who have already been granted TPS under Syria's 
designation, the 60-day re-registration period runs January 29, 2024, 
through March 29, 2024. USCIS will issue new EADs with a September 30, 
2025, expiration date to eligible Syrian 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 a new EAD before their current EAD 
expires. Accordingly, through this Federal Register notice, DHS 
automatically extends through March 31, 2025, the validity of certain 
EADs previously issued under the TPS designation of Syria. As proof of 
continued employment authorization through March 31, 2025, TPS 
beneficiaries can show their EAD with the notation A-12 or C-19 under 
Category and a Card Expires date of March 31, 2024, September 30, 2022, 
or March 31, 2021. This notice explains how TPS beneficiaries and their 
employers may determine if an EAD is 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 Syria TPS application (Form I-821) or 
Application for Employment Authorization (Form I-765) that was still 
pending as of January 29, 2024, do not need to file either application 
again. If USCIS approves an

[[Page 5564]]

individual's pending Form I-821, USCIS will grant the individual TPS 
through September 30, 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.
    Under the redesignation, individuals who currently do not have TPS 
may submit an initial application during the initial registration 
period that runs from January 29, 2024 through the full length of the 
redesignation period ending September 30, 2025. In addition to 
demonstrating continuous residence in the United States since January 
25, 2024, 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 April 1, 
2024,\1\ the effective date of this redesignation of Syria, before 
USCIS may grant them TPS. DHS estimates that approximately 2,500 
individuals may become newly eligible for TPS under the redesignation 
of Syria.
---------------------------------------------------------------------------

    \1\ The ``continuous physical presence'' date 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 a later date established by the Secretary. The 
``continuous residence'' date is any date established by the 
Secretary when a country is designated (or sometimes redesignated) 
for TPS. See INA sec. 244(b)(2)(A) (effective date of designation); 
244(c)(1)(A)(i-ii) (continuous residence and continuous physical 
presence date requirements); 8 U.S.C. 1254a(b)(2)(A); 
1254a(c)(1)(A)(i-ii).
---------------------------------------------------------------------------

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 if 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 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, if it is still valid beyond the 
date their TPS terminates.

When was Syria designated for TPS?

    Syria was initially designated for TPS on March 29, 2012, on the 
basis of extraordinary and temporary conditions in Syria that prevented 
nationals of Syria from returning in safety.\2\ Following the initial 
designation, the Secretary extended and redesignated Syria for TPS 
three times based on ongoing armed conflict and extraordinary and 
temporary conditions: (1) from October 1, 2013, to March 31, 2015; \3\ 
(2) from April 1, 2015, to September 30, 2016; \4\ and (3) from October 
1, 2016, to March 31, 2018.\5\ Thereafter, the Secretary extended TPS 
for Syria from April 1, 2018, to September 30, 2019,\6\ and again on 
October 1, 2019, to March 31, 2021,\7\ based on ongoing armed conflict 
and extraordinary and temporary conditions. Most recently, the 
Secretary extended and redesignated TPS for Syria based on ongoing 
armed conflict and extraordinary and temporary conditions from March 
31, 2021, to September 30, 2022,\8\ and from October 1, 2022, to March 
31, 2024.\9\
---------------------------------------------------------------------------

    \2\ See Designation of Syrian Arab Republic for Temporary 
Protected Status, 77 FR 19026 (Mar. 29, 2012).
    \3\ See Extension and Redesignation of Syria for Temporary 
Protected Status, 78 FR 36223 (June 17, 2013).
    \4\ See Extension and Redesignation of the Syrian Arab Republic 
for Temporary Protected Status, 80 FR 245 (Jan. 5, 2015).
    \5\ See Extension and Redesignation of Syria for Temporary 
Protected Status, 81 FR 50533 (Aug. 1, 2016).
    \6\ See Extension of the Designation of Syria for Temporary 
Protected Status, 83 FR 9329 (Mar. 5, 2018).
    \7\ See Extension of the Designation of Syria for Temporary 
Protected Status, 84 FR 49751 (Sept. 23, 2019).
    \8\ See Extension and Redesignation of Syria for Temporary 
Protected Status, 86 FR 14946 (Mar. 19, 2021).
    \9\ See Extension and Redesignation of Syria for Temporary 
Protected Status, 87 FR 46982 (Aug. 1, 2022).
---------------------------------------------------------------------------

What authority does the Secretary have to extend the designation of 
Syria 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.\10 \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). The Secretary, in their 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).
---------------------------------------------------------------------------

    \10\ 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 (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).
---------------------------------------------------------------------------

    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 Syria 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

[[Page 5565]]

physically present since the effective date of the most recent 
designation of the state'') (emphasis added).\11\
---------------------------------------------------------------------------

    \11\ The extension and redesignation of TPS for Syria is one of 
several instances in which the Secretary and, before 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).
---------------------------------------------------------------------------

    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 Syria will be January 25, 2024. Initial applicants for 
TPS under this redesignation must also show they have been 
``continuously physically present'' in the United States since April 1, 
2024, which is the effective date of the Secretary's redesignation of 
Syria. 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, USCIS 
cannot make the final determination of whether the applicant has met 
the ``continuous physical presence'' requirement until April 1, 2024, 
the effective date of this redesignation for Syria. 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 Syria and 
simultaneously redesignating Syria for TPS through September 30, 2025?

    DHS has reviewed country conditions in Syria. 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 the ongoing armed conflict and extraordinary and 
temporary conditions supporting Syria's TPS designation remain. The 
Secretary has further determined that redesignating Syria 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

    The ongoing civil war in Syria is in its thirteenth year and has 
involved large-scale destruction of infrastructure, widespread civilian 
casualties, and human rights abuses and violations. The humanitarian 
consequences are dire, including mass displacement of civilians, high 
levels of food insecurity, and limited access to healthcare and clean 
water. These impacts have been compounded by the February 6, 2023 
earthquake, which resulted in the further destruction of infrastructure 
and has contributed to the further breakdown of the economy and 
strained an already overburdened healthcare system.12 13
---------------------------------------------------------------------------

    \12\ International Blue Crescent, Kahramanmara[scedil] 
Earthquakes Situation Report, Apr. 6, 2023, 6, available at https://reliefweb.int/report/turkiye/devastating-earthquakes-southern-turkiye-and-northern-syria-april-6th-2023-situation-report-20-entr 
(last visited Oct. 10, 2023).
    \13\ The World Bank, Syria Earthquake 2023 Rapid Damage and 
Needs Assessment (RDNA), Mar. 2023, 48, available at https://reliefweb.int/report/syrian-arab-republic/syria-earthquake-2023-rapid-damage-and-needs-assessment-rdna-enar (last visited Nov. 9, 
2023).
---------------------------------------------------------------------------

Armed Conflict and Security Situation

    The armed conflict in Syria continues to include numerous local and 
international actors, such as the Syrian regime, foreign states, 
opposition groups, and terrorist groups, like ISIS.14 15 
Syrian civilians are suffering with 61 percent of Syria's pre-war 
population displaced, and Syria remains the third least peaceful 
country in the world according to the Global Peace Index (GPI).\16\ The 
United Nations High Commissioner for Refugees (UNHCR) reports 5,183,140 
Syrian refugees in neighboring countries,\17\ and 6.8 million people 
internally displaced (IDPs) within Syria--the highest in the world.\18\
---------------------------------------------------------------------------

    \14\ See U.S. Dep't of State, 2022 Country Report on Human 
Rights Practices: Syria, Mar. 20, 2023, available at https://
www.state.gov/reports/2022-country-reports-on-human-rights-
practices/syria/
#:~:text=As%20of%20December%2C%20the%20SNHR,Directorate%2C%20Air%20Fo
rce%20Intelligence%20Directorate%2C (last visited Oct. 5, 2023).
    \15\ U.N. Gen. Assembly Human Rights Council, Report of the 
Independent International Commission of Inquiry on the Syrian Arab 
Republic, Aug. 14, 2023, available at https://www.ohchr.org/en/hr-bodies/hrc/iici-syria/report-coi-syria-september2023 (last visited 
Nov. 27, 2023).
    \16\ Inst. for Economics and Peace, Global Peace Index 2023: 
Measuring Peace in a Complex World, June 2023, 28, available at 
https://visionofhumanity.org/resources (last visited Oct. 26, 2023).
    \17\ UNHCR, Situation Syria Regional Refugee Response, lasted 
updated Nov. 30, 2023, available at https://data2.unhcr.org/en/situations/syria (last visited Dec. 13, 2023).
    \18\ UNHCR, Syria: UNHCR Operational Update, September 2023, 
Oct. 18, 2023, 1, available at https://reliefweb.int/report/syrian-arab-republic/syria-unhcr-operational-update-september-2023-enar 
(last visited Oct. 27, 2023).
---------------------------------------------------------------------------

    The conflict and its levels of violence are regularly in flux. 
Ongoing hostilities in several parts of the country include ``artillery 
shelling, air strikes and land mines, [and] continue to threaten the 
lives of civilians and hamper humanitarian activities.'' \19\ In 
January 2023, regime-controlled areas experienced ``an alarming 
escalation of violence, worsening living conditions, tightening 
security grip and ongoing arbitrary arrests.'' \20\ On October 5, 2023, 
northern Syria experienced renewed hostilities with reports of multiple 
attacks by regime-forces that killed civilians and damaged vital 
civilian infrastructure across the region.\21\ Since October 5, 2023, 
parties to the conflict have engaged in continuous shelling and 
airstrikes, which have struck more than 1,400 locations, including 
frontline and residential areas, in Idlib and western Aleppo.\22\ As of 
October 13, at least 53 people in affected areas have been killed, 
including 11 women and 15 children, and 303 others injured as reported 
by local health authorities since the start of the incidents on October 
5.\23\
---------------------------------------------------------------------------

    \19\ UNOCHA, Humanitarian Needs Overview: Syrian Arab Republic, 
12 (Dec. 22, 2022), available at hno_2023-rev-1.12_1.pdf 
(humanitarianresponse.info) (last visited Oct. 5, 2023).
    \20\ The Syrian Observatory for Human Rights, Regime-controlled 
areas in January 2023 Nearly 190 fatalities in acts of violence . . 
. 12 assassinations and attacks in three provinces . . . escalating 
living crises, Feb. 9, 2023, available at https://www.syriahr.com/en/288096/ (last visited Oct. 6, 2023).
    \21\ UNOCHA, Joint Statement by the United Nations Resident 
Coordinator and Humanitarian Coordinator for Syria, Mr. Adam 
Abdelmoula, and the Regional Humanitarian Coordinator for the Syria 
Crisis, Mr. Muhannad Hadi, on the renewed hostilities in northern 
Syria, Oct. 6, 2023, available at https://reliefweb.int/report/syrian-arab-republic/joint-statement-united-nations-resident-coordinator-and-humanitarian-coordinator-syria-mr-adam-abdelmoula-and-regional-humanitarian-coordinator-syria-crisis-mr-muhannad-hadi-renewed-hostilities-northern-syria-enar (last visited Oct. 6, 2023).
    \22\ UNOCHA, North-west Syria: Escalation of Hostilities--Flash 
Update No. 3, Oct. 13, 2023, available at https://reliefweb.int/report/syrian-arab-republic/north-west-syria-escalation-hostilities-flash-update-no3-13-october-2023-enar (last visited Oct. 26, 2023).
    \23\ Id.
---------------------------------------------------------------------------

    Since the conflict began, civilian casualty counts have varied 
among media sources and human rights groups, in part due to the large 
number of missing and forcibly disappeared Syrians. Human rights groups 
estimate more than 550,000 people have been

[[Page 5566]]

killed since the start of the conflict.\24\ Armed actors, including 
those of the Syrian regime and its Russian allies, continue to strike 
civilians and civilian facilities.\25\ The Syrian Network for Human 
Rights (SNHR) reported that ground attacks and airstrikes ``have caused 
the destruction of homes, schools, hospitals, shops and other 
structures, and that there are reasonable grounds to believe that the 
war crime of attacking civilians has been committed in many cases.'' 
\26\ In the first half of 2023, through June, SNHR documented that 
parties to the conflict and controlling forces in Syria killed 501 
civilians, including 71 children and 42 women.\27\
---------------------------------------------------------------------------

    \24\ U.S. Dep't of State, 2022 Country Report on Human Rights 
Practices: Syria, Mar. 20, 2023, available at https://www.state.gov/
reports/2022-country-reports-on-human-rights-practices/syria/
#:~:text=As%20of%20December%2C%20the%20SNHR,Directorate%2C%20Air%20Fo
rce%20Intelligence%20Directorate%2C (last visited Dec. 7, 2023).
    \25\ Syrian Network for Human Rights, Most Notable Human Rights 
Violations in Syria in May 2023, June 5, 2023, available at https://reliefweb.int/report/syrian-arab-republic/most-notable-human-rights-violations-syria-may-2023 (last visited Oct. 10, 2023).
    \26\ Id.
    \27\ Syrian Network for Human Rights, 501 Civilians, Including 
71 Children, 42 Woman, and 20 Individuals Who Died due to Torture 
Documented Killed in Syria, in the First Half of 2023, July 2, 2023, 
7, available at https://reliefweb.int/report/syrian-arab-republic/501-civilians-including-71-children-42-woman-and-20-individuals-who-died-due-torture-documented-killed-syria-first-half-2023 (last 
visited Oct. 5, 2023).
---------------------------------------------------------------------------

Human Rights Abuses and Civilian Deaths

    The Syrian regime and other armed actors continue to commit human 
rights abuses. There are documented reports of unjust killings, 
arbitrary arrests, enforced disappearances, forced displacements, 
seizures of land and properties, and rampant security instability that 
have ``provided a ripe environment for many assassinations and 
bombings.'' \28\ During the January 2023 escalation of violence in 
regime-controlled areas, SNHR reported that 55 civilians died, at least 
42 civilians were arbitrarily arrested by regime forces and 
intelligence services, and 14 civilians were kidnapped.\29\ SNHR 
reported that, in the first half of 2023, 20 individuals, including 
civilians, died due to torture and that the Syrian regime was 
reportedly responsible for the deaths of 30 percent of these 
individuals.\30\
---------------------------------------------------------------------------

    \28\ Syrian Network for Human Rights, 12th Annual Report--Most 
notable violations in 2022, 6-7, Jan. 24, 2023, available at https://snhr.org/blog/2023/01/24/snhrs-12th-annual-report-most-notable-human-rights-violations-in-syria-in-2022/ (last visited Oct. 5, 
2023).
    \29\ The Syrian Observatory for Human Rights, Regime-controlled 
areas in January 2023 Nearly 190 fatalities in acts of violence . . 
. 12 assassinations and attacks in three provinces . . . escalating 
living crises, Feb. 9, 2023, available at https://www.syriahr.com/en/288096/ (last visited Oct. 6, 2023).
    \30\ Syrian Network for Human Rights, 501 Civilians, Including 
71 Children, 42 Woman, and 20 Individuals Who Died due to Torture 
Documented Killed in Syria, in the First Half of 2023, July 2, 2023, 
13, available at https://reliefweb.int/report/syrian-arab-republic/501-civilians-including-71-children-42-woman-and-20-individuals-who-died-due-torture-documented-killed-syria-first-half-2023 (last 
visited Oct. 5, 2023).
---------------------------------------------------------------------------

Humanitarian and Economic Situation

    Since 2022, the number of people in Syria in need of humanitarian 
assistance has increased by five percent to 15.3 million people, which 
is over two thirds of the population.\31\ Of those 15.3 million people, 
there are 7 million children currently in need of humanitarian 
assistance.\32\ According to the European Union's Directorate-General 
for Civil Protection and Humanitarian Aid Operations, 85 percent of 
households cannot meet their basic needs, over half the population 
lacks a stable water source, and more than 12 million people are food 
insecure.\33\
---------------------------------------------------------------------------

    \31\ UNHCR, Syria: UNHCR Operational Update, September 2023, 
Oct. 18, 2023, available at https://reliefweb.int/report/syrian-arab-republic/syria-unhcr-operational-update-september-2023-enar 
(last visited Oct. 27, 2023).
    \32\ UNICEF, Humanitarian Action for Children 2023--Syria, June 
2023, available at https://www.unicef.org/media/143511/file/2023-HAC-Syrian-Arab-Republic-revised-June.pdf (last visited Nov. 27, 
2023).
    \33\ European Commission, European Civil Protection and 
Humanitarian Aid Operations, Syria, last updated Nov. 24, 2023, 
available at https://civil-protection-humanitarian-aid.ec.europa.eu/where/middle-east-and-northern-africa/syria_en (last visited Oct. 6, 
2023).
---------------------------------------------------------------------------

    Food insecurity is of particular concern as the Syrian economy has 
been rapidly deteriorating.\34\ Syria is experiencing hyperinflation 
with a record depreciation of the Syrian pound, which has led to 
substantial food and fuel price hikes.35 36 About, 12.1 
million Syrians (almost 60 percent of the population) are considered 
food insecure, with an additional three million more Syrians at risk of 
food insecurity.\37\ After years of conflict, Syria is now one of six 
countries ``with the highest food insecurity in the world.'' \38\ Over 
the course of the conflict ``wheat production has declined by 75 per 
cent due to damaged infrastructure, the high cost of fuel, and drought-
like conditions.'' \39\
---------------------------------------------------------------------------

    \34\ World Food Programme, Syria--Market Price Watch Bulletin 
July 2023, Aug. 23, 2023, available at https://reliefweb.int/report/syrian-arab-republic/syria-market-price-watch-bulletin-july-2023 
(last visited Sept. 27, 2023).
    \35\ Reuters, Syria slashes gasoline subsidy, boosts public-
sector salaries, Aug. 16, 2023, available at https://www.reuters.com/world/middle-east/syria-slashes-gasoline-subsidy-boosts-public-sector-salaries-2023-08-16/ (last visited Oct. 6, 
2023).
    \36\ BBC News, Syria doubles public-sector pay and cuts 
subsidies as economy sinks, Aug. 16, 2023, available at https://www.bbc.com/news/world-middle-east-66526132 (last visited Oct. 6, 
2023).
    \37\ UN News, More than half of all Syrians going hungry: WFP, 
Mar. 14, 2023, available at https://news.un.org/en/story/2023/03/1134567 (last visited Oct. 6, 2023).
    \38\ Id.
    \39\ Id.
---------------------------------------------------------------------------

    The February 6, 2023 earthquake and subsequent aftershock that hit 
southern Turkey near the Syrian border also contributed to the 
worsening humanitarian situation and economic deterioration in 
Syria.\40\ According to the International Blue Crescent Relief and 
Development Foundation, the earthquake killed 8,476 people in 
Syria.\41\ In addition to the loss of life, the earthquake has also had 
devastating effects on Syria's economy, infrastructure, and health 
sector.\42\ Prior to the earthquake, 90 percent of Syrians lived in 
poverty.\43\ The effect of the earthquake in the northern border region 
of Syria resulted in further economic hardships. An estimated 170,000 
employees lost their jobs because of the earthquake and approximately 
35,000 micro, small, and medium sized businesses were damaged.\44\ As a 
result, Syria's temporary loss of employment has been calculated to be 
a loss of labor income equal to at least 5.7 million dollars per 
month.\45\ The United Nations estimates that Syria needs almost 15 
billion dollars to recover from the earthquakes.\46\
---------------------------------------------------------------------------

    \40\ Erol Yayboke, Shattered Relief: A 7.8-Magnitude Earthquake 
Strikes Turkey and Syria, CSIS, Feb. 7, 2023, available at https://www.csis.org/analysis/shattered-relief-78-magnitude-earthquake-strikes-turkey-and-syria (last visited Oct. 10, 2023).
    \41\ International Blue Crescent, Kahramanmara[scedil] 
Earthquakes Situation Report, Apr. 6, 2023, 2, available at https://reliefweb.int/report/turkiye/devastating-earthquakes-southern-turkiye-and-northern-syria-april-6th-2023-situation-report-20-entr 
(last visited Oct. 10, 2023).
    \42\ Id.
    \43\ Middle East Monitor, UN Chief says 90% of Syrians live 
below poverty line, Jan. 14, 2022, available at https://www.middleeastmonitor.com/20220114-un-chief-says-90-of-syrians-live-below-poverty-line/ (last visited Oct. 10, 2023).
    \44\ International Blue Crescent, Kahramanmara[scedil] 
Earthquakes Situation Report, Apr. 6, 2023, 6, available at https://reliefweb.int/report/turkiye/devastating-earthquakes-southern-turkiye-and-northern-syria-april-6th-2023-situation-report-20-entr 
(last visited Oct. 10, 2023).
    \45\ Id.
    \46\ UN News, Almost $15 billion needed for earthquake recovery 
in Syria, May 8, 2023, available at https://news.un.org/en/story/2023/05/1136452 (last visited Oct. 6, 2023).
---------------------------------------------------------------------------

Healthcare Needs and Access to Water

    Over 15.3 million people in Syria need healthcare assistance, which 
is an

[[Page 5567]]

increase of 3.2 million people from 2022.\47\ The World Health 
Organization reports that 41 percent of public hospitals and 43 percent 
of primary health care facilities are either partially functioning or 
not functioning at all.\48\ Further, up to 50 percent of healthcare 
workers have fled Syria since the start of the conflict.\49\ In January 
2023, sources in regime-controlled areas reported a lack of medicine in 
pharmacies as well as a significant increase in the prices of medicine 
for heart disease, epilepsy, diabetes, cancer, and the flu.\50\
---------------------------------------------------------------------------

    \47\ World Health Organization, Health sector needs HNO 2023, 
Dec. 4, 2022, available at https://reliefweb.int/report/syrian-arab-republic/health-sector-needs-hno-2023 (last visited Oct. 12, 2023).
    \48\ Id.
    \49\ World Health Organization, Syrian Arab Republic: Public 
Health Situation Analysis (PHSA) Long-form, Aug. 18, 2022, 2, 
available at https://reliefweb.int/report/syrian-arab-republic/syrian-arab-republic-public-health-situation-analysis-phsa-long-form-last-update-18-august-2022 (last visited Oct. 12, 2023).
    \50\ The Syrian Observatory for Human Rights, Regime-controlled 
areas in January 2023 Nearly 190 fatalities in acts of violence . . 
. 12 assassinations and attacks in three provinces . . . escalating 
living crises, Feb. 9, 2023, available at https://www.syriahr.com/en/288096/ (last visited Oct. 6, 2023).
---------------------------------------------------------------------------

    Access to clean water outside of northwest Syria continues to be a 
serious situation for many Syrians as 52 percent of Syrians lack access 
to clean water and must turn to unsafe alternatives, such as polluted 
rivers or unregulated private companies providing unclean water.\51\ 
Before the war, 92 percent of Syrians had consistent access to clean 
water but over the last few years, Syria's water infrastructure has 
deteriorated quickly, whether because of the conflict, climate change, 
Syria's energy crisis, and/or conflict actors limiting access to water 
as a political pressure tactic.\52\ Without clean water, Syrians must 
forego basic hygiene and clean drinking water, which leaves Syrians at 
risk for infectious waterborne diseases.\53\
---------------------------------------------------------------------------

    \51\ The Century Foundation, Cholera in the Time of Assad: How 
Syria's Water Crisis Caused an Avoidable Outbreak, Jan. 24, 2023, 
available at https://tcf.org/content/report/cholera-in-the-time-of-
assad-how-syrias-water-crisis-caused-an-avoidable-outbreak/
#:~:text=According%20to%20UN%20data%20collected,over%20the%20past%20f
ew%20years. (last visited Oct. 10, 2023).
    \52\ Id.
    \53\ Id.
---------------------------------------------------------------------------

    In February 2023, the earthquake exacerbated the health care system 
in northwest Syria, the area that saw most of the damage.\54\ The World 
Bank estimates that the total effect of both the damage and loss due to 
the earthquake on Syria's health sector is 300.4 million dollars.\55\ 
Northwest Syria's earthquake-damaged infrastructure includes water, 
sanitation, and hygiene, and healthcare facilities, raising health 
concerns related to contaminated water and an increased risk of 
waterborne illness.56 57
---------------------------------------------------------------------------

    \54\ The World Bank, Syria Earthquake 2023 Rapid Damage and 
Needs Assessment (RDNA), Mar. 2023, 48, available at https://reliefweb.int/report/syrian-arab-republic/syria-earthquake-2023-rapid-damage-and-needs-assessment-rdna-enar (last visited Nov. 9, 
2023).
    \55\ Id.
    \56\ Maia C Tarnas, Naser Almhawish, Nabil Karah, Richard 
Sullivan, & Aula Abbara, Communicable diseases in northwest Syria in 
the context of protracted armed conflict and earthquakes, The Lancet 
Infectious Diseases, July 2023, ISSN 1473-3099, available at https://doi.org/10.1016/S1473-3099(23)00201-3 (last visited Oct. 6, 2023).
    \57\ The World Bank, Syria Earthquake 2023 Rapid Damage and 
Needs Assessment (RDNA), Mar. 2023, 49, available at https://reliefweb.int/report/syrian-arab-republic/syria-earthquake-2023-rapid-damage-and-needs-assessment-rdna-enar (last visited Oct. 10, 
2023).
---------------------------------------------------------------------------

    In summary, over a decade after the uprising that sparked the war, 
the Syrian conflict remains ongoing and detrimental impacts on the 
country continue. Armed actors continue to kill civilians and destroy 
vital civilian infrastructure, the economy is rapidly deteriorating, 
and Syrians cannot afford their basic needs, such as food and 
healthcare. Further, the lack of access to clean water has created a 
serious problem for those in most of the country. The February 2023 
earthquake further complicated these issues.
    Based on this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Syria'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 Syria 
and, due to such conflict, requiring the return to Syria of Syrian 
nationals (or individuals having no nationality who last habitually 
resided in Syria) 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 Syria that prevent Syrian nationals (or individuals 
having no nationality who last habitually resided in Syria) from 
returning to Syria in safety, and it is not contrary to the national 
interest of the United States to permit Syrian 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 Syria for TPS should be extended for an 
18-month period, beginning on April 1, 2024, and ending on September 
30, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Due to the conditions described above, Syria should be 
simultaneously extended and redesignated for TPS beginning on April 1, 
2024, and ending on September 30, 2025. 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).
     For the redesignation, the Secretary has determined that 
TPS applicants must demonstrate that they have continuously resided in 
the United States since January 25, 2024.
     Initial TPS applicants under the redesignation must 
demonstrate that they have been continuously physically present in the 
United States since April 1, 2024, the effective date of the 
redesignation of Syria for TPS.
     There are approximately 6,200 current Syria TPS 
beneficiaries who are eligible to re-register for TPS under the 
extension.
     It is estimated that approximately 2,500 additional 
individuals may be eligible for TPS under the redesignation of Syria. 
This population includes Syrian nationals in the United States in 
nonimmigrant status or without immigration status.

Notice of the Designation of Syria 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 Syria's designation for TPS on the basis of ongoing armed 
conflict and extraordinary and temporary conditions are met and it is 
not contrary to the national interest of the United States to allow 
Syrian TPS beneficiaries to remain in the United States temporarily. 
See INA sec. 244(b)(1)(A), (C); 8 U.S.C. 1254a(b)(1)(A), (C). On the 
basis of this determination, I am simultaneously extending the existing 
designation of Syria for TPS for 18 months, beginning on April 1, 2024, 
and ending on September 30, 2025, and redesignating Syria for TPS for 
the same 18-month period. See INA sec. 244(b)(1)(A), (C), and (b)(2); 8 
U.S.C. 1254a(b)(1)(A), (C), and (b)(2).

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

[[Page 5568]]

Eligibility and Employment Authorization for TPS

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

    To register or re-register for TPS based on the designation of 
Syria, you must submit a Form I-821, Application for Temporary 
Protected Status. If you are submitting an initial TPS application, you 
must pay the application fee for Form I-821 (or request a fee waiver, 
which you may submit on Form I-912, Request for Fee Waiver). If you are 
filing an application to re-register for TPS, you do not need to pay 
the application fee. Whether you are registering as an initial 
applicant or re-registering, you may be required to pay the biometric 
services fee. If you can demonstrate an inability to pay the biometric 
services fee, you may request to have the fee waived. Please see 
additional information under the ``Biometric Services Fee'' section of 
this notice.
    TPS beneficiaries are eligible for an Employment Authorization 
Document (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 Syria TPS application (Form I-821) that was 
still pending as of January 29, 2024, do not need to file the 
application again. If USCIS approves an individual's Form I-821, USCIS 
will grant the individual TPS through September 30, 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). The instructions for 
Form I-821 and Form I-765 also provide more 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)?

    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. If you want to obtain an EAD, you must file 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 with their TPS application, or separately later, if their TPS 
application is still pending or has been approved. Beneficiaries with a 
Syria TPS-related Form I-765 that was still pending as of January 29, 
2024 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 September 30, 2025.

Refiling An Initial TPS Registration Application After Receiving 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

    You may file Form I-821 and related requests for EADs online or by 
mail. However, if you request a fee waiver, you must submit your 
application by mail. When filing a TPS application, applicants may 
request an EAD by submitting a completed Form I-765 with their Form I-
821.
    Online filing: Form I-821 and Form I-765 are available for 
concurrent filing online.\58\ To file these forms online, you must 
first create a USCIS online account.\59\
---------------------------------------------------------------------------

    \58\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \59\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

    Mail filing: 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-Mailing Addresses.

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
If you send your paper application via:  Then, mail your application to:
 
------------------------------------------------------------------------
U.S. Postal Service (USPS).............  USCIS, Attn: TPS Syria, P.O.
                                          Box 6943, Chicago, IL 60680-
                                          6943.
FedEx, UPS, or DHL deliveries..........  USCIS, Attn: TPS Syria (Box
                                          6943), 131 S Dearborn 3rd
                                          Floor, Chicago, IL 60603-5517.
------------------------------------------------------------------------

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

Supporting Documents

    The filing instructions on 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 (also 
called, registering) for TPS on the USCIS website at https://www.uscis.gov/tps under ``Syria.''

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 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.

[[Page 5569]]

    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. Box
 approved Form I-821, and you are using   660167, Dallas, TX 75266-0867.
 the U.S. Postal Service (USPS): 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: You must include a   400, Lewisville, TX 75067.
 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. USCIS may require you to visit an 
Application Support Center to submit biometrics. 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 March 31, 2025, through this Federal Register notice?

    Yes. Regardless of your country of birth, if you currently have a 
Syria TPS-based EAD with the notation A-12 or C-19 under Category and a 
Card Expires date of March 31, 2024, September 30, 2022, or March 31, 
2021, this Federal Register notice automatically extends your EAD 
through March 31, 2025. Although this Federal Register notice 
automatically extends your EAD through March 31, 2025, you must timely 
re-register 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 more information. If your EAD states A-12 or C-19 under 
Category and has a Card Expires date of March 31, 2024, September 30, 
2022, or March 31, 2021, this Federal Register notice extends it 
automatically, and you may choose to present your EAD to your employer 
as proof of identity and employment eligibility for Form I-9 through 
March 31, 2025, unless your TPS has been withdrawn or your request for 
TPS has been denied. Your country of birth noted on the EAD does not 
have to reflect the TPS-designated country of Syria 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 Expires date and Category 
code, they 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 more information. You may show this Federal 
Register notice to your employer to

[[Page 5570]]

explain what to do for Form I-9 and to show that USCIS has 
automatically extended your EAD through March 31, 2025, but you are not 
required to do so. The last day of the automatic EAD extension is March 
31, 2025. Before you start work on April 1, 2025, 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, even if you have an EAD or work authorization based on another 
immigration status. If you want to obtain a new TPS-based EAD valid 
through September 30, 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 Syrian 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 other documentation, such as proof of Syrian 
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 if 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 April 1, 2025:
    1. For Section 1, you should:
    a. Check ``A noncitizen authorized to work until'' and enter March 
31, 2025, 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 whether the EAD is auto-extended by ensuring it is in 
category A-12 or C-19 and has a Card Expires date of March 31, 2024, 
September 30, 2022 or March 31, 2021;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write March 31, 2025, as the expiration date.
    Before the start of work on April 1, 2025, 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 whether 
your EAD is automatically extended by ensuring that it contains 
Category A-12 or C-19 and has a Card Expires date of March 31, 2024, 
September 30, 2022, or March 31, 2021. 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 March 31, 2025, 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 April 1, 2025, 
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 March 31, 
2025, 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 April 1, 2025, 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

[[Page 5571]]

numerous languages. Employers may also email IER at [email protected] or 
get more information online at www.justice.gov/ier.

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 U.S. Department of Justice, Civil Rights Division, 
Immigrant and Employee Rights Section (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 other than what is required to complete 
Form I-9. 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 these employees an 
opportunity 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 or applicant, 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 Syria;
     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 about 
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://www.uscis.gov/save/save-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/save-resources, 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. 2024-01764 Filed 1-26-24; 8:45 am]
BILLING CODE 9111-97-P