Extension and Redesignation of Ethiopia for Temporary Protected Status, 26172-26180 [2024-07643]

Agencies

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

[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26172-26180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07643]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2768-24; DHS Docket No. USCIS-2022-0014]
RIN 1615-ZB96


Extension and Redesignation of Ethiopia for Temporary Protected 
Status

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

ACTION: Notice of Temporary Protected Status (TPS) 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 Ethiopia for Temporary Protected Status 
(TPS) for 18 months, beginning on June 13, 2024, and ending on December 
12, 2025. This extension allows existing TPS beneficiaries to retain 
TPS through December 12, 2025, if they otherwise continue to meet the 
eligibility requirements for TPS. Existing TPS beneficiaries who wish 
to extend their status through December 12, 2025, must re-register 
during the 60-day re-registration period described in this notice. The 
Secretary is also redesignating Ethiopia for TPS. The redesignation of 
Ethiopia allows additional Ethiopian nationals (and individuals having 
no nationality who last habitually resided in Ethiopia) who have been 
continuously residing in the United States since April 11, 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 April 11, 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 
June 13, 2024, the effective date of this redesignation of Ethiopia for 
TPS.

DATES: Extension and Redesignation of Designation of Ethiopia for TPS 
begins on June 13, 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 Ethiopia's TPS designation by selecting 
``Ethiopia'' from the menu on the left side of the TPS web page.
     If you have additional questions about TPS, please visit 
https://uscis.gov/tools. Our online virtual assistant, Emma, can answer 
many of your questions and point you to additional information on our 
website. If you 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 https://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 Ethiopia for TPS: The 18-month 
designation of Ethiopia for TPS begins on June 13, 2024, and will 
remain in effect for 18 months, ending on December 12, 2025. The 
extension impacts existing beneficiaries of TPS.
    Re-registration: The 60-day re-registration period for existing 
beneficiaries runs from April 15, 2024 through June 14, 2024. (Note: It 
is important for re-registrants to timely re-register during the 
registration period and not to wait until their Employment 
Authorization Documents (EADs) expire, as delaying re-registration 
could result in gaps in their employment authorization documentation.)
    Redesignation of Ethiopia for TPS: The 18-month redesignation of 
Ethiopia for TPS begins on June 13, 2024, and will remain in effect for 
18 months, ending on December 12, 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 Ethiopia TPS redesignation begins on April 15, 
2024 and will remain in effect through December 12, 2025.

Purpose of This Action (TPS)

    Through this notice, DHS sets forth procedures necessary for 
nationals of Ethiopia (or individuals having no nationality who last 
habitually resided in Ethiopia) to (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 Ethiopia 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 Ethiopia's 
designation, the 60-day re-registration period runs from April 15, 
2024, through June 14, 2024. USCIS will issue new EADs with a December 
12, 2025, expiration date to eligible Ethiopian

[[Page 26173]]

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 June 12, 2025, the validity 
of EADs previously issued under the TPS designation of Ethiopia. As 
proof of continued employment authorization through June 12, 2025, TPS 
beneficiaries can show their EAD with the notation A-12 or C-19 under 
Category and a ``Card Expires'' date of June 12, 2024. 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 an Application for Temporary Protected Status 
(Form I-821) or Application for Employment Authorization (Form I-765) 
that was still pending as of April 15, 2024, 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 December 12, 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 April 15, 2024, through the full length of the 
redesignation period ending December 12, 2025. In addition to 
demonstrating continuous residence in the United States since April 11, 
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 June 13, 
2024,\1\ the effective date of this redesignation of Ethiopia, before 
USCIS may grant them TPS. DHS estimates that approximately 12,800 
individuals may become newly eligible for TPS under the redesignation 
of Ethiopia.
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    \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).
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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 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 Ethiopia designated for TPS?

    Ethiopia was initially designated on December 12, 2022, on the 
basis of ongoing armed conflict and extraordinary and temporary 
conditions in Ethiopia that prevented nationals of Ethiopia from 
returning in safety. See Designation of Ethiopia for Temporary 
Protected Status, 87 FR 76074 (December 12, 2022).

What authority does the Secretary have to extend the designation of 
Ethiopia for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government, to designate a foreign state (or part thereof) for TPS if 
the Secretary determines that certain country conditions exist.\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). 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).
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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).
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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 Ethiopia 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).\3\
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    \3\ The extension and redesignation of TPS for Ethiopia 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).

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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 Ethiopia will be April 11, 2024. Initial applicants 
for TPS under this redesignation must also show they have been 
``continuously physically present'' in the United States since June 13, 
2024, which is the effective date of the Secretary's redesignation of 
Ethiopia. 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 June 13, 2024, 
the effective date of this redesignation for Ethiopia. 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 Ethiopia and 
simultaneously redesignating Ethiopia for TPS through December 12, 
2025?

    DHS has reviewed country conditions in Ethiopia. Based on the 
review, including input received from Department of State (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 Ethiopia's TPS 
designation remain. The Secretary has further determined that 
redesignating Ethiopia 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

    Ethiopia continues to face internal armed conflict in Amhara and 
violence in multiple other regions of the country.\4\ Human rights 
abuses by armed actors are prevalent, and civilians are facing 
indiscriminate attacks.\5\ Droughts, floods, and disease outbreaks have 
put millions of people's lives and livelihoods at risk.\6\ These 
overlapping humanitarian crises have resulted in ``ongoing high and 
urgent humanitarian needs.'' \7\
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    \4\ Center for Preventative Action, Conflict in Ethiopia, last 
updated Dec. 19, 2023, available at: https://www.cfr.org/global-conflict-tracker/conflict/conflict-ethiopia (last visited Dec. 22, 
2023).
    \5\ See UN Human Rights Council, The acute risk of further 
atrocity crimes in Ethiopia: an analysis, October 3, 2023, 2, 
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/chreetiopia/A-HRC-54-CRP-2.pdf.
    \6\ UNHCR, Ethiopia: Protection Cluster National Strategy 2023-
2023, Protection Cluster, Nov. 3, 2023, 4, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-national-strategy-2023-2025 (last visited Dec. 18, 2023).
    \7\ Id.
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Armed Conflict

    There is an ongoing armed conflict in Amhara between the Ethiopian 
National Defense Force (ENDF) and the Fano militia, a non-state militia 
in Amhara.\8\ In April 2023, the government of Ethiopia declared that 
all regional security forces would be incorporated into the national 
security services, and this decision caused violent backlash.\9\ The 
rising insecurity and violence led the Ethiopian government to declare 
a state of emergency in August 2023.\10\ Civilian casualties have been 
reported. In November 2023, there were multiple drone strikes that 
killed 26 civilians and injured 14 in their homes, at a primary school, 
and a bus station.\11\
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    \8\ Reuters, Ethiopian military clashes with militia in Amhara, 
injuries reported, Aug. 2, 2023, available at https://www.reuters.com/world/africa/ethiopian-military-clashes-with-militia-amhara-residents-say-2023-08-02/ (last visited Dec. 18, 
2023).
    \9\ Id.
    \10\ UN Human Rights Council, The acute risk of further atrocity 
crimes in Ethiopia: an analysis, Oct. 3, 2023, 2, available at 
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/chreetiopia/A-HRC-54-CRP-2.pdf.
    \11\ OHCHR, Ethiopia: Violence in Amhara region, Nov. 17, 2023, 
available at https://www.ohchr.org/en/statements/2023/11/ethiopia-violence-amhara-region (last visited Dec. 19, 2023).
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Violence and Human Rights

    Violent clashes between the Ethiopian federal government and the 
Oromo Liberation Front-Shane (also known as the Oromo Liberation Army) 
increased in May 2023 in Oromia following failed peace talks, rivaling 
the levels of violence in 2022.\12\ In regions impacted by inter-
communal violence, like Oromia, Northern Ethiopia, and along the border 
between the Somali and Afar regions, state forces and non-state armed 
groups are reportedly attacking civilians.\13\ Security forces are also 
reportedly committing extrajudicial killings and using excessive 
force.\14\
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    \12\ ACLED-Ethiopia Peace Observatory, EPO May 2023 Monthly: 
Violence Returns to Oromia Despite Attempted Peace Talks, June 22, 
2023, https://epo.acleddata.com/2023/06/22/epo-may-2023-monthly-violence-returns-to-oromia-despite-attempted-peace-talks/ (last 
visited on Dec. 18, 2023).
    \13\ UNHCR, Ethiopia: Protection Cluster National Strategy 2023-
2023, Protection Cluster, Nov. 3, 2023, 5, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-national-strategy-2023-2025 (last visited Dec. 18, 2023).
    \14\ Id.
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    In Tigray, conditions remain fragile even after the Ethiopian 
federal government and the Tigray People's Liberation Front (TPLF) 
signed the Cessation of Hostilities Agreement (COHA) in November 
2022.\15\ Although the number of atrocities in Tigray has decreased 
since the signing of the COHA, armed actors, such as Eritrean security 
forces, Amhara forces, and Fano militia, continue to abuse human 
rights.\16\ Incidences of sexual violence, predominately perpetrated by 
Eritrean or Ethiopian armed forces, have been documented in Tigray.\17\ 
The International Commission of Human Rights Experts for Ethiopia 
estimates there were at least 10,000 survivors of conflict-related 
sexual violence (CRSV) in Tigray alone who sought support between 
November 2020 and June 2023.\18\ Other reported abuses against 
civilians include ethnic cleansing of Tigrayan civilians from Western 
Tigray by members of Amhara forces.\19\
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    \15\ UN Human Rights Council, The acute risk of further atrocity 
crimes in Ethiopia: an analysis, Oct. 3, 2023, 2, available at 
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/chreetiopia/A-HRC-54-CRP-2.pdf.
    \16\ UN Human Rights Council, The acute risk of further atrocity 
crimes in Ethiopia: an analysis, Oct. 3, 2023, 2, available at 
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/chreetiopia/A-HRC-54-CRP-2.pdf; UNHCR, Ethiopia: 
Protection Cluster National Strategy 2023-2023, Protection Cluster, 
Nov. 3, 2023, 4, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-national-strategy-2023-2025 (last 
visited Dec. 18, 2023).
    \17\ Physicians for Human Rights, Broken Promises: Conflict-
Related Sexual Violence Before and After the Cessation of 
Hostilities Agreement in Tigray, Ethiopia, Aug. 24, 2023, available 
at https://phr.org/our-work/resources/medical-records-sexual-violence-tigray-ethiopia/ (last visited Dec. 18, 2023).
    \18\ UN Human Rights Council, Comprehensive investigative 
findings and legal determinations, Oct. 13, 2023, 25-26, available 
at https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/chreetiopia/a-hrc-54-crp-3.pdf.
    \19\ Human Rights Watch, Ethiopia: Ethnic Cleansing Persists 
Under Tigray Truce, June 1, 2023, available at: https://www.hrw.org/news/2023/06/01/ethiopia-ethnic-cleansing-persists-under-tigray-truce (last visited Jan. 29, 2024).
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Environmental Disasters

    Severe drought, which began in late 2020, expanded in 2023, mainly 
due to

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five consecutive weak-to-failed rainy seasons.\20\ In the Amhara and 
Tigray regions, approximately 5 million people have been negatively 
affected by the drought-like conditions.\21\ Millions of Ethiopians who 
rely on livestock have had their livelihoods damaged.\22\ As such, food 
insecurity has increased, and hundreds of thousands of people have been 
displaced as they search for new places to survive.\23\ Furthermore, a 
cholera outbreak has affected these drought-stricken areas.\24\
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    \20\ UNHCR, Ethiopia: Protection Cluster National Strategy 2023-
2023, Protection Cluster, Nov. 3, 2023, 4, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-national-strategy-2023-2025 (last visited Dec. 18, 2023).
    \21\ UN Population Fund, UNFPA Ethiopia Humanitarian Response 
Situation Report--October 2023, Nov. 30, 2023, https://reliefweb.int/report/ethiopia/unfpa-ethiopia-humanitarian-response-situation-report-october-2023 (last visited Dec. 19, 2023).
    \22\ UNOCHA, Humanitarian Response Plan Ethiopia, Feb. 28, 2023, 
4, available at https://humanitarianaction.info/plan/1128?bs=eyJibG9jay05YTI0NGYzYy1jZmQ4LTRjZTAtOTRmOC0yOWYzZjIxOGRmM2YiOnsidGFyZ2V0IjowfX0%3D (last visited on Dec. 18, 2023).
    \23\ Id.
    \24\ UNOCHA, Ethiopia Situation Report, Dec. 1, 2023, available 
at https://reliefweb.int/report/ethiopia/ethiopia-situation-report-1-dec-2023 (last visited Feb. 28, 2024).
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    Flooding has also caused significant harm to the lives of many 
Ethiopians. Between October and November 2023, flooding and mudslides 
from heavy rainfall and river overflows affected an estimated 1.5 
million people, mainly in the Somali, Oromia, Afar, South Ethiopia, and 
Gambella regions of the country.\25\ The Somali region alone accounted 
for over one million of the flood-affected people.\26\ Moreover, the 
Oromia and Southern Ethiopia regions faced significant displacement, 
damaged farmland, and adversely impacted social infrastructures as a 
result of the flooding.\27\ Health facilities have also been damaged by 
the floods, and thus these populations do not have access to basic 
health services.\28\
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    \25\ Id.
    \26\ Id.
    \27\ UNOCHA, Ethiopia: Floods, Flash Update 32, Nov. 16, 2023, 
4-5, https://reliefweb.int/report/ethiopia/ethiopia-floods-flash-update-2-15-november-2023 (last visited on Dec. 20, 2023).
    \28\ Health Cluster, WHO, Ethiopia Health Cluster Bulletin, Dec. 
1, 2023, 1, https://reliefweb.int/report/ethiopia/ethiopia-health-cluster-bulletin-november-2023 (last visited on Dec. 19, 2023).
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Internal Displacement

    Ethiopia continues to face massive displacement of persons for 
numerous reasons, including violence and climate events.\29\ As of June 
2023, there were an estimated 4.3 million internally displaced persons 
(IDPs) in Ethiopia.\30\ Around 2.9 million of those IDPs are a result 
of conflict--a 57% increase since January 31, 2023.\31\ IDPs due to 
droughts totaled 810,855 as of June 2023, and people displaced by 
floods totaled 613,000 in November 2023.\32\
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    \29\ IOM, Ethiopia National Displacement Report 16--Site 
Assessment Round 33 and Village Assessment survey Round 16: November 
2022-June 2023, Aug. 22, 2023, available at: Ethiopia National 
Displacement Report 16--Site Assessment Round 33 and Village 
Assessment Survey Round 16: November 2022-June 2023--Ethiopia 
[verbar] ReliefWeb (last visited Jan. 29, 2024).
    \30\ Id.
    \31\ UNOCHA, Ethiopia, available at https://m.reliefweb.int/country/87/eth?figures-display=all (last visited Dec. 19, 2023).
    \32\ Id.
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Food Insecurity

    Throughout 2023, food insecurity continued to be a major concern in 
Ethiopia due to multiple challenges, including ongoing conflict, 
drought-like conditions, and a pause in international food assistance 
due to food aid diversion and corruption.\33\ Nearly 20.1 million 
people are in need of food assistance and 7.4 million women and 
children are malnourished.\34\ 3.5 million people in Amhara are in need 
of assistance because the ongoing insecurity in the Amhara region has 
disrupted farming activities.\35\ International donors suspended food 
aid distributions in June 2023 due to reports of large-scale theft of 
food aid allegedly perpetrated by federal and regional entities in 
Ethiopia.\36\ Food aid to Ethiopia resumed in December 2023 after the 
government of Ethiopia agreed to substantial reforms of the food 
assistance structure.\37\
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    \33\ Associated Press, U.S. will resume food aid to millions in 
Ethiopia after monthslong pause over massive corruption, Nov. 15, 
2023, available at: https://www.pbs.org/newshour/world/u-s-will-
resume-food-aid-to-millions-in-ethiopia-after-monthslong-pause-over-
massive-
corruption#:~:text=USAID%20and%20the%20U.N.%E2%80%99s%20World%20Food%
20Program%20suspended,country%20for%20interrupting%20their%20oversigh
t%20of%20aid%20delivery (last visited Dec. 19, 2023); World Food 
Programme, WFP Ethiopia Country Brief, September 2023, available at 
https://docs.wfp.org/api/documents/WFP-0000154798/download/?_ga=2.168713697.1310415555.1702745002-257522247.1691073788 (last 
visited Dec. 16, 2023).
    \34\ UN World Food Programme, Ethiopia, available at: https://www.wfp.org/countries/ethiopia (last visited Dec. 16, 2023).
    \35\ UN Population Fund, Ethiopia Humanitarian Response 
Situation Report--October 2023, Nov. 30, 2023, 1, https://ethiopia.unfpa.org/en/resources/unfpa-ethiopia-humanitarian-situation-reportoctober-2023 (last visited on Dec. 19, 2023).
    \36\ Reuters, UN agency joins US in suspending food aid to 
Ethiopia after diversions, June 9, 2023, available at https://www.reuters.com/world/africa/wfp-suspends-food-aid-ethiopia-after-diversions-2023-06-09/ (last visited Dec. 22, 2023).
    \37\ USAID, USAID Resumes Food Assistance for People Across 
Ethiopia Following Implementation of Comprehensive Reforms, Nov. 14, 
2023, available at https://www.usaid.gov/news-information/press-releases/nov-14-2023-usaid-resumes-food-assistance-people-across-ethiopia-following-implementation-comprehensive-reforms (last 
visited Dec. 18, 2023).
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Communicable Diseases Outbreaks

    Ethiopia faced four outbreaks of communicable diseases in 2023: 
cholera, measles, malaria, and dengue.\38\ Cholera, malaria, and 
measles continue to be problems in 2024.\39\ Responding to these 
outbreaks has been difficult due to ``[l]imited access to health 
services, medical supplies, WASH [Water, sanitation and hygiene] 
services, and trained health care workers[.]'' \40\
---------------------------------------------------------------------------

    \38\ World Health Organization, Northern Ethiopia--Public Health 
Situation Analysis, Sept. 22, 2023, 2, https://reliefweb.int/report/ethiopia/northern-ethiopia-public-health-situation-analysis-phsa-25-august-2023 (last visited on Dec. 19, 2023).
    \39\ UNOCHA, Ethiopia Situation Report, last updated Feb. 16, 
2024, available at https://reports.unocha.org/en/country/ethiopia 
(last visited Feb. 28, 2024).
    \40\ World Health Organization, Northern Ethiopia--Public Health 
Situation Analysis, Sept. 22, 2023, 2, https://reliefweb.int/report/ethiopia/northern-ethiopia-public-health-situation-analysis-phsa-25-august-2023 (last visited on Dec. 19, 2023).
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    The current cholera outbreak has been ongoing since August 2022 
when the first case of cholera was reported, making this among the 
longest outbreaks ever in Ethiopia.\41\ In December 2023, the World 
Health Organization (WHO) reported that due to floods, cholera deaths 
increased by 12% in November when compared to October.\42\ As of early 
February 2024, 34,000 cholera cases had been reported, including 504 
deaths.\43\ While 7.1 million people have been vaccinated as of 
November 18, 2023, sustainable solutions to address root causes of 
cholera still need to be addressed.\44\
---------------------------------------------------------------------------

    \41\ ECHO, Ethiopia--Cholera outbreak, Sept. 6, 2023, available 
at https://reliefweb.int/report/ethiopia/ethiopia-cholera-outbreak-dg-echo-un-ocha-echo-daily-flash-06-september-2023 (last visited on 
Dec. 19, 2023).
    \42\ Health Cluster, WHO, Ethiopia Health Cluster Bulletin, Dec. 
1, 2023, 1, https://reliefweb.int/report/ethiopia/ethiopia-health-cluster-bulletin-november-2023 (last visited on Dec. 19, 2023).
    \43\ UNOCHA, Ethiopia Situation Report, last updated Feb. 16, 
2024, available at https://reports.unocha.org/en/country/ethiopia 
(last visited Feb. 28, 2024).
    \44\ UNOCHA, Ethiopia Situation Report, Dec. 1, 2023, available 
at https://reliefweb.int/report/ethiopia/ethiopia-situation-report-1-dec-2023 (last visited Feb. 28, 2024).
---------------------------------------------------------------------------

    A measles outbreak, which began in August 2021, is active in 71 
districts.\45\ In the first ten months of 2023, there were nearly 
20,800 measles cases reported, including 159 deaths.\46\ As of

[[Page 26176]]

early February 2024, most new cases reported are from Oromia, Sidama, 
Central, and Southwest.\47\
---------------------------------------------------------------------------

    \45\ UNOCHA, Ethiopia Situation Report, last updated Feb. 16, 
2024, available at https://reports.unocha.org/en/country/ethiopia 
(last visited Feb. 28, 2024).
    \46\ UNOCHA, Ethiopia Situation Report, Dec. 1, 2023, available 
at https://reliefweb.int/report/ethiopia/ethiopia-situation-report-1-dec-2023 (last visited Feb. 28, 2024).
    \47\ UNOCHA, Ethiopia Situation Report, last updated Feb. 16, 
2024, available at https://reports.unocha.org/en/country/ethiopia 
(last visited Feb. 28, 2024).
---------------------------------------------------------------------------

    Mosquito-borne diseases are also affecting several regions in 
Ethiopia. In 2023, 4.1 million malaria cases were reported throughout 
Ethiopia.\48\ In April 2023, a dengue fever outbreak began in the Afar 
region and subsequently spread to the Dire Dewa, Oromia, and Somali 
regions.\49\ Cases increased from 6,238 as of late June 2023 to 10,165 
as of early October 2023.\50\
---------------------------------------------------------------------------

    \48\ Health Cluster, WHO, Ethiopia Health Cluster Bulletin, Feb. 
1, 2024, 4, https://reliefweb.int/report/ethiopia/ethiopia-health-cluster-bulletin-november-2023 (last visited on Feb. 28, 2024).
    \49\ WHO, Weekly Bulletin on Outbreaks and other Emergencies, 
Nov. 7, 2023, https://reliefweb.int/report/ethiopia/weekly-bulletin-outbreaks-and-other-emergencies-week-41-09-october-15-october-2023-data-reported-1700-15-october-2023 (last visited Dec. 8, 2023).
    \50\ Health Cluster, WHO, Ethiopia Health Cluster Bulletin, Oct. 
6, 2023, 1, available at https://reliefweb.int/report/ethiopia/ethiopia-health-cluster-bulletin-quarter-3-july-september-2023-6-october-2023 (last visited Dec. 19, 2023).
---------------------------------------------------------------------------

    Based on this review and after consultation with appropriate U.S. 
Government agencies, the Secretary has determined that:
     The conditions supporting Ethiopia'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 
Ethiopia and, due to such conflict, requiring the return to Ethiopia of 
Ethiopian nationals (or individuals having no nationality who last 
habitually resided in Ethiopia) 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 Ethiopia that prevent Ethiopian nationals (or individuals 
having no nationality who last habitually resided in Ethiopia) from 
returning to Ethiopia in safety, and it is not contrary to the national 
interest of the United States to permit Ethiopian 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 Ethiopia for TPS should be extended for 
an 18-month period, beginning on June 13, 2024, and ending on December 
12, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Due to the conditions described above, Ethiopia should be 
simultaneously extended and redesignated for TPS beginning on June 13, 
2024, and ending on December 12, 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 April 11, 2024.
     Initial TPS applicants under the redesignation must 
demonstrate that they have been continuously physically present in the 
United States since June 13, 2024, the effective date of the 
redesignation of Ethiopia for TPS.
     There are currently approximately 2,300 beneficiaries 
under Ethiopia's TPS designation who are eligible to re-register for 
TPS under the extension.
     It is estimated that approximately 12,800 additional 
individuals may be eligible for TPS under the redesignation of 
Ethiopia. This population includes Ethiopian nationals in the United 
States in nonimmigrant status or without immigration status.

Notice of the Designation of Ethiopia for TPS

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate U.S. Government agencies, the statutory conditions 
supporting Ethiopia's designation for TPS on the basis of ongoing armed 
conflict and extraordinary and temporary conditions are met, and it is 
not contrary to the national interest of the United States to allow 
Ethiopian TPS beneficiaries to remain in the United States temporarily. 
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 Ethiopia for TPS for 18 months, beginning on 
June 13, 2024, and ending on December 12, 2025, and redesignating 
Ethiopia 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 or re-register for TPS based on the designation of 
Ethiopia, you must submit a Form I-821. 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 are 
required to pay the biometric services fee. If you cannot pay the 
biometric services fee, you may ask USCIS to waive the fee. 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 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 an Ethiopia TPS application (Form I-821) that 
was still pending as of April 15, 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 December 12, 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 and Form I-765 and the biometric services fee are 
also described in 8 CFR 106.2 and the fee waiver-related regulations in 
8 CFR 106.3 (Apr. 1, 2024). In addition, USCIS Form G-1055, Fee 
Schedule, provides the current fees required for the Form I-821 and 
Form I-765 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). 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 an Ethiopia TPS-related Form I-765 that was 
still pending as of April 15, 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 December 12, 
2025.

[[Page 26177]]

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

    USCIS offers the option to applicants for TPS under Ethiopia's 
designation to file Form I-821 and related requests for EADs online or 
by mail. However, if you request a fee waiver, you must submit your 
application by mail. When filing a TPS application, you may request an 
EAD by submitting a completed Form I-765 with your Form I-821.
    Online filing: Form I-821 and Form I-765 are available for 
concurrent filing online.\51\ To file these forms online, you must 
first create a USCIS online account.\52\
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    \51\ Find information about online filing at ``Forms Available 
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
    \52\ https://myaccount.uscis.gov/users/sign_up.
---------------------------------------------------------------------------

    Mail filing: Mail your completed Form I-821; Form I-765, if 
applicable; Form I-912, if applicable; and supporting documentation to 
the proper address in Table 1--Mailing Addresses.

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
              If you . . .                        Mail to . . .
------------------------------------------------------------------------
Are using the U.S. Postal Service        USCIS, Attn: TPS Ethiopia, P.O.
 (USPS).                                  Box 8635, Chicago, IL 60680-
                                          8635.
Are using FedEx, UPS, or DHL deliveries  USCIS, Attn: TPS Ethiopia (Box
                                          8635), 131 South Dearborn
                                          Street--3rd Floor, Chicago, IL
                                          60603-5517.
------------------------------------------------------------------------

    If you were granted TPS by an immigration judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD, please 
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 IJ or BIA grant of TPS, please include with your 
application a copy of the order from the IJ or BIA granting you TPS. 
This will help us verify your grant of TPS and process your 
application.

Supporting Documents

    The filing instructions for Form I-821 list all the documents you 
need 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 ``Ethiopia.''

Travel

    TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion. You must file for travel 
authorization if you wish to travel outside of the United States. If 
USCIS grants travel authorization, it 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 you file 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.
    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 your 
approved or pending Form I-821.

                       Table 2--Mailing Addresses
------------------------------------------------------------------------
              If you . . .                        Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with Form I-  The address provided in Table
 821.                                     1.
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 Notice
 of Action (Form I-797C or I-797)
 showing USCIS 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 Notice
 of Action (Form I-797C or I-797)
 showing USCIS accepted or approved
 your Form I-821..
------------------------------------------------------------------------

Biometric Services Fee for TPS

    Biometrics (such as fingerprints) are required for all applicants, 
in addition to a biometric services fee. As previously stated, if you 
cannot pay the biometric services fee, you may request a fee waiver, 
which you may submit on Form I-912. For more information on the 
application forms and fees for TPS, please visit the USCIS TPS web page 
at https://www.uscis.gov/tps. USCIS may require you to visit an 
Application Support Center to submit your 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

[[Page 26178]]

https://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 June 12, 2025, through this Federal Register notice?

    Yes. Regardless of your country of birth, if you currently have an 
Ethiopia TPS-based EAD with the notation A-12 or C-19 under Category 
and a ``Card Expires'' date of June 12, 2024, this Federal Register 
notice automatically extends your EAD through June 12, 2025. Although 
this Federal Register notice automatically extends your EAD through 
June 12, 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 these lists. 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 June 12, 2024, 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 June 12, 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 Ethiopia 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 explain what to do for Form 
I-9 and to show that USCIS has automatically extended your EAD through 
June 12, 2025, but you are not required to do so. The last day of the 
automatic EAD extension is June 12, 2025. Before you start work on June 
13, 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 these 
lists 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 already have an EAD or work authorization based on 
another immigration status. If you want to obtain a new TPS-based EAD 
valid through December 12, 2025, you must file Form I-765 and pay the 
associated fee (unless USCIS grants your fee waiver request).

Can my employer require that I provide any other documentation to 
complete Form I-9, such as evidence of my status, proof of my Ethiopian 
citizenship, or a Form I-797C showing that I registered for TPS?

    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 
Ethiopian 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 June 13, 2025:
    1. For Section 1, you should:
    a. Check ``A noncitizen authorized to work until'' and enter June 
12, 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 June 12, 2024;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write June 12, 2025, as the expiration date.
    Before the start of work on June 13, 2025, employers must reverify 
the

[[Page 26179]]

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 June 12, 2024. 
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 June 12, 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 June 13, 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 June 12, 
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 June 13, 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 many languages. Employers may also email IER at 
[email protected] or get more information online at https://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 many 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 these lists. 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 occurs if 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

[[Page 26180]]

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 Ethiopia;
     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 SAVE to confirm the current immigration status 
of applicants for public benefits.
    While SAVE can verify that an individual has TPS or a pending TPS 
application, each agency's procedures govern whether they will accept 
an unexpired EAD, Form I-797, Form I-797C, or Form I-94. 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 your 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. 2024-07643 Filed 4-12-24; 8:45 am]
BILLING CODE 9111-97-P