[Federal Register: October 13, 2011 (Volume 76, Number 198)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY
Citizenship and Immigration Services
[CIS No. 2512-11; DHS Docket No. USCIS-2011-0013]
Extension of the Designation of Sudan for Temporary Protected
Status and Automatic Extension of Employment Authorization
Documentation for Sudanese TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
SUMMARY: This Notice announces that the Secretary of Homeland Security
(Secretary) has extended the designation of Sudan for temporary
protected status (TPS) for 18 months from its current expiration date
of November 2, 2011 through May 2, 2013. The Secretary has determined
that an extension is warranted because the conditions in Sudan that
prompted the TPS designation continue to be met. There continues to be
a substantial, but temporary, disruption of living conditions in Sudan
based upon ongoing armed conflict and extraordinary and temporary
conditions in that country that prevent Sudanese who now have TPS from
returning in safety.
This Notice also sets forth procedures necessary for nationals of
Sudan (or aliens having no nationality who last habitually resided in
Sudan) with TPS to re-register and to apply for an extension of their
Employment Authorization Documents (EADs) with U.S. Citizenship and
Immigration Services (USCIS). Re-registration is limited to persons who
previously registered for TPS under the designation of Sudan and whose
applications have been granted or remain pending. Certain nationals of
Sudan (or aliens having no nationality who last habitually resided in
Sudan) who have not previously applied for TPS may be eligible to apply
under the late initial registration provisions.
USCIS will issue new EADs with a May 2, 2013 expiration date to
eligible Sudanese TPS beneficiaries who timely re-register and apply
for EADs under this extension. Given the timeframes involved with
processing TPS re-registration applications, DHS recognizes that all
re-registrants may not receive new EADs until after their current EADs
expire on November 2, 2011. Accordingly, this Notice automatically
extends the validity of EADs issued under the TPS designation of Sudan
for 6 months, through May 2, 2012, and explains how TPS beneficiaries
and their employers may determine which EADs are automatically extended
and how the extension affects employment eligibility verification (Form
I-9 and E-Verify) processes.
In a separate Federal Register Notice issued on October 13, 2011,
the Secretary designated the newly formed Republic of South Sudan for
TPS. Some individuals who are TPS beneficiaries under the current
designation of Sudan may now be nationals of South Sudan, calling into
question their continued eligibility for TPS under the Sudan
designation. These individuals may, however, now qualify for TPS under
South Sudan. The South Sudan Notice sets forth regular procedures and
special procedures necessary for nationals of South Sudan (or aliens
having no nationality who last habitually resided in the region that is
now South Sudan) to register and to apply for TPS and EADs with USCIS.
DATES: The 18-month extension of the TPS designation of Sudan is
effective November 3, 2011, and will remain in effect through May 2,
2013. The 180-day re-registration period begins October 13, 2011, and
will remain in effect until April 10, 2012.
FOR FURTHER INFORMATION:
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the TPS Web page at http://www.uscis.gov/tps. You can find
specific information about this extension and about TPS for Sudan by
selecting ``TPS Designated Country--Sudan'' from the menu on the left
of the TPS Web page. From the Sudan page, you can select the Sudan TPS
Questions & Answers Section from the menu on the right for further
information. Additionally, information about TPS for South Sudan can be
found at the USCIS TPS Web page under the subheading ``South Sudan.''
You can also contact the TPS Operations Program Manager at
Status and Family Branch, Service Center Operations Directorate, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Avenue, NW., Washington, DC 20529-2060; or by phone at
(202) 272-1533 (this is not a toll-free number).
Note: The phone number provided here is solely for questions
regarding this TPS notice. It is not for individual case status
Applicants seeking information about the status of their
individual cases can check Case Status Online available at the USCIS
Web site at http://www.uscis.gov, or call the USCIS National Customer
Service Center at 1-800-375-5283 (TTY 1-800-767-1833).
Further information will also be available at local USCIS
offices upon publication of this Notice.
Abbreviations and Terms Used in This Document
CPA--Comprehensive Peace Agreement.
DHS--Department of Homeland Security.
DOS--Department of State.
EAD--Employment Authorization Document.
GOS--Government of Sudan.
INA--Immigration and Nationality Act.
JEM--Justice & Equality Movement.
NCP--National Congress Party.
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices.
Secretary--Secretary of Homeland Security.
South Sudan--Republic of South Sudan.
SPLM--Sudan People's Liberation Movement.
SPLM/A--Sudan People's Liberation Movement/Army.
TPS--Temporary Protected Status.
USAID--U.S. Agency for International Development.
USCIS--U.S. Citizenship and Immigration Services.
What is temporary protected status (TPS)?
TPS is an immigration status granted to eligible nationals
of a country designated for TPS under the Act (or to persons without
nationality who last habitually resided in the designated country).
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States and may obtain work
authorization, so long as they continue to meet the requirements of
The granting of TPS does not lead to permanent resident
When the Secretary of Homeland Security (Secretary)
terminates a country's TPS designation, beneficiaries return to the
same immigration status they maintained before TPS (unless that status
has since expired or been terminated) or to any other lawfully obtained
immigration status they received while registered for TPS.
When was Sudan designated for TPS?
On November 4, 1997, the Attorney General designated Sudan for TPS
based on an ongoing armed conflict and extraordinary and temporary
conditions within that country. See 62 FR 59737; section
244(a)(b)(1)(A), (C) of the Immigration and Nationality Act (INA), 8
U.S.C. 1254a(b)(1)(A), (C). Following the initial designation of Sudan
for TPS in 1997, the Attorney General and, later, the Secretary have
extended TPS and/or redesignated Sudan for TPS a total of 12 times,
including this extension. See 74 FR 69355 (Dec. 31, 2009) (describing
the complete history of Sudan TPS extensions and redesignations). In
the 2004 redesignation of Sudan, the Secretary established October 7,
2004, as the date by which TPS Sudan applicants must demonstrate that
they have been continuously residing and continuously physically
present in the United States. 69 FR 60168 (Oct. 7, 2004). The last
extension of TPS for Sudan was announced on December 31, 2009, based on
the Secretary's determination that the conditions warranting the
designation continued to be met. There has been no change to the
October 7, 2004 ``continuous residence'' and ``continuous physical
presence'' date requirements since 2004.
What authority does the Secretary of Homeland Security have to extend
the designation of Sudan for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate Government agencies, to
designate a foreign state (or part thereof) for TPS.\1\ The Secretary
may then grant TPS to eligible nationals of that foreign state (or
aliens having no nationality who last habitually resided in that
state). See INA sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002 (HSA), Public Law 107-
296, 116 Stat. 2135, any reference to the Attorney General in a
provision of the INA describing functions transferred from the
Department of Justice to the Department of Homeland Security ``shall
be deemed to refer to the Secretary'' of Homeland Security. See 6
U.S.C. 557 (codifying HSA, tit. XV, sec. 1517).
At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA sec. 244(b)(3)(A),
8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that a foreign
state continues to meet the conditions for TPS designation, the
designation is extended for an additional 6 months (or in the
Secretary's discretion for 12 or 18 months). See INA sec. 244(b)(3)(C),
8 U.S.C. 1254a(b)(3)(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) of the Act, 8
Why is the Secretary extending the TPS designation for Sudan through
May 2, 2013?
Over the past year, the Department of Homeland Security (DHS) and
the Department of State (DOS) have continued to review conditions in
Sudan. Based on this review and after consulting with DOS, the
Secretary has determined that an 18-month extension is warranted
because the armed conflict is ongoing, although there have been a few
improvements, and the extraordinary and temporary conditions that
prompted the October 7, 2004 redesignation persist.
Sudan's 22-year civil war formally ended in 2005 with the signing
of the Comprehensive Peace Agreement (CPA) between the north's
Government of Sudan in Khartoum and its ruling National Congress Party
(NCP) and the south's Sudan People's Liberation Movement/Army (SPLM/A).
Sudan accomplished two key requirements of the CPA by holding national
and local elections in April 2010 and holding the referendum on
independence for South Sudan in January 2011. Following referendum
results indicating approximately 98 percent of registered South
Sudanese voted for secession, the new nation of South Sudan was
officially created on July 9, 2011.
While the formal armed conflict between the north and south has
ended, the violence in Sudan and South Sudan continues. The challenges
of partitioning the country have created new conflicts and complicated
existing disputes between the north and south. Additionally, several
groups, including numerous nonaligned Sudanese militias, threaten the
long-term security of the region.
In spite of milestone accomplishments under the CPA, serious
impediments to the peace process remain and the civilian population
continues to suffer harm related to ongoing conflict in various parts
of Sudan. Contentious issues between Sudan and South Sudan remain to be
negotiated, including demarcation of the border, the citizenship status
of displaced persons, and the sharing of vital natural resources, such
as Nile River water and oil reserves in South Sudan. The failure to
formally demobilize the 180,000 soldiers from both Sudan and South
Sudan as required by the CPA is of further concern. As of early 2011,
only about 400 soldiers across the entire country have completed the
In Darfur, fighting between government and rebel forces continues
and has caused the widespread displacement of civilians. The CPA does
not cover the Darfur region of western Sudan. Despite numerous attempts
to negotiate peace between government forces and the various
amalgamations of militia groups, conflict in Darfur is ongoing. In
2003, two rebel groups, the SPLM and the Justice and Equality Movement
(JEM), led an insurrection against the Government of Sudan (GOS). In
response, the GOS reportedly armed local rival tribes and militia known
collectively as the ``Janjaweed.'' According to U.S. Government
reports, attacks on the civilian population by the Janjaweed, often
with the direct support of the GOS, have led to the deaths of hundreds
of thousands of people in Darfur. The UN estimated in 2006 that 200,000
persons had died as a result of the conflict and that by 2008 an
additional 100,000 may have died. An estimated 1.9 million civilians
have been internally displaced, and approximately 280,000 refugees have
fled to neighboring Chad. Fighting in Darfur includes armed clashes
between government and rebel forces, among rebel factions, and between
ethnic Arab groups. In the first half of 2010, armed clashes resulted
in the highest number of deaths in the Darfur conflict since 2008, with
armed clashes occurring in all three Darfur states. In more than seven
years of the Darfur conflict, a series of periodic ceasefires between
the GOS and various rebel groups have all subsequently quickly fallen
apart. Despite formal international efforts to negotiate peace within
the region, the peace process has floundered. In 2009 through early
2011, fighting between the GOS and various rebel groups escalated.
The transitional areas of Abyei, Blue Nile and Southern Kordorfan,
located along the contentious north-south border, continue to be
flashpoints for positional violence. Clashes that began on June 6 in
Southern Kordofan State between the Sudanese Armed Forces (SAF) and
forces loyal to the Sudan People's Liberation Army (SPLA) displaced up
to 73,000 people, according to unconfirmed estimates. Violations of
human rights and international humanitarian law have been reported in
the state, and humanitarian access is limited. There is potential for
violence also to flare in Blue Nile. On May 21, the Sudan Armed Forces
took over the Abyei Area, a disputed territory in the middle of what
was then Sudan, displacing an estimated 100,000 people.
While the northern and eastern parts of Sudan have not recently
experienced the same level of violence that has plagued Darfur, the
disputed Abyei region, South Kordofan, and Southern Sudan, human rights
abuses continue throughout the country. For example, numerous persons
were detained following demonstrations in January 2011.
In eastern Sudan, the political and security situation remained
relatively calm, due, in part, to the Eastern Sudan Peace Agreement
between GOS and rebels from the Eastern Front. A number of issues have
not been fully addressed, however, including growing poverty, economic
marginalization, security vulnerabilities, as well as the Eastern Front
splitting into three groups.
A myriad of factors contribute to the ongoing humanitarian crisis
in Sudan. Sporadic eruptions of political and intercommunal violence
caused civilian deaths, continued displacement of the population, and
general instability. Natural disasters have compounded the harm
suffered by the population in some regions. Drought and flooding
continue to increase food insecurity and concerns of malnutrition.
Delivery of humanitarian aid continues to be threatened by attacks
against aid workers and GOS restrictions on the operations of
Sudan is the largest humanitarian aid recipient in the world, with
the international community providing approximately $1.3 billion in
humanitarian assistance in 2009. Reports from the U.S. Agency for
International Development (USAID) and the World Food Programme indicate
that in addition to coping with the effects of conflict and
displacement, the country continues to struggle with perennial
environmental shocks, such as flooding and droughts, which further
compound the country's vulnerabilities and have led to food shortages
and budget constraints. U.S. Government reports indicate that food
insecurity in Darfur is considered an emergency concern. In eastern
Sudan, chronic poverty and development needs persist throughout the
region, which has experienced slow recovery following decades of
While certain provisions of the 2005 CPA have generally been
upheld, many contentious issues remain unresolved and present potential
for conflict. The transitional areas along the Sudan-South Sudan border
remain flashpoints for potential violence. Violence and ensuing
population displacement, compounded by environmental and economic
factors, have created one of the worst humanitarian crises in the
world. Despite encouraging incidents of progress toward peace, Sudan's
overall internal security and political stability remain fragile and
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the October 7, 2004
redesignation of Sudan for TPS continue to be met. See INA sec.
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A).
There continues to be an ongoing armed conflict and
extraordinary and temporary conditions in Sudan that prevent Sudanese
nationals from returning to Sudan in safety. See INA sec. 244(b)(1)(A),
(C), 8 U.S.C. 1254a(b)(1)(A), (C).
It is not contrary to the national interest of the United
States to permit Sudanese (and persons who have no nationality who last
habitually resided in Sudan) who meet the eligibility requirements of
TPS 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 Sudan for TPS should be extended for an
additional 18-month period. See INA sec. 244(b)(3)(C), 8 U.S.C.
There are approximately 340 individuals who currently have
TPS under the designation of Sudan. DHS estimates that the combined
total of Sudanese and South Sudanese who will be eligible for TPS under
the South Sudan designation and the extension of TPS for Sudan is
approximately 340. DHS recognizes that the actual number of re-
registering Sudan TPS applicants may be lower than 340, because some of
those 340 individuals may apply and qualify for registration under the
new South Sudan TPS designation.
Notice of Extension of the TPS Designation of Sudan
By the authority vested in me as Secretary of Homeland Security
under section 244 of the INA, 8 U.S.C. 1254a, I have determined, after
consultation with the appropriate Government agencies, that the
conditions that prompted the redesignation of Sudan for temporary
protected status (TPS) on October 7, 2004 continue to be met. See INA
sec. 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the basis of
this determination, I am extending the TPS designation of Sudan for 18
months from its current expiration on November 2, 2011 through May 2,
Required Application Forms and Application Fees To Register or Re-
Register for TPS
To Register or Re-Register for TPS for Sudan, an Applicant Must Submit
1. Application for Temporary Protected Status, Form I-821,
You only need to pay the Form I-821 application fee if you
are filing an application for late initial registration. See 8 CFR
244.2(f)(2) and information on late initial filing on the USCIS Web
site at http://www.uscis.gov under ``Temporary Protected Status for
You do not need to pay the Form I-821 fee for a re-
2. Application for Employment Authorization, Form I-765.
If you are applying for re-registration, you must pay the
Form I-765 application fee only if you want an Employment Authorization
If you are applying for late initial registration and want
an EAD, you must pay the Form I-765 fee only if you are age 14 through
65. No EAD fee is required if you are under the age of 14 or over the
age of 65 and applying for late initial registration.
You do not pay the Form I-765 fee if you are not
requesting an EAD.
You must submit both completed application forms together. If you
are unable to pay, you may apply for application and/or biometrics fee
waivers by completing a Request for Fee Waiver (Form I-912) or
submitting a personal letter requesting a fee waiver, and providing
satisfactory supporting documentation. For more information on the
application forms and fees for TPS, please visit the USCIS TPS Web page
at http://www.uscis.gov/tps and click on ``Temporary Protected Status
for Sudan.'' Fees for Form I-821, Form I-765, and biometric services
are also described in 8 CFR 103.7(b).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay, you may
apply for a biometrics fee waiver by completing a Form I-912, or a
personal letter requesting a fee waiver, and providing satisfactory
supporting documentation. For more information on the biometric
services fee, please visit the USCIS Web site at http://www.uscis.gov.
If necessary, you may be required to visit an Application Support
Center to have your biometrics captured.
Refiling After Receiving a Denial of a Fee Waiver Request
USCIS urges all re-registering applicants to file as soon as
possible within the 180-day re-registration period so that USCIS can
promptly process the applications and issue EADs. Filing early will
also allow those applicants who may receive denials of their fee waiver
requests to have time to pay the appropriate fees and refile their
applications before the re-registration deadline. If, however, an
applicant receives a denial of his or her fee waiver request and is
unable to refile with the appropriate fees by the re-registration
deadline, the applicant may still refile his or her applications. This
situation will constitute good cause for late re-registration. See 8
CFR 244.17. However, applicants are urged to refile within 45 days of
the date on their USCIS fee waiver denial notice if at all possible.
For more information on good cause for late re-registration, please
look at the Questions & Answers for Sudan TPS found on the USCIS TPS
Web page for Sudan.
Mail your application for TPS to the proper address in Table 1:
Table 1-Mailing Addresses
If Mail to
You are applying for re-registration USCIS, P.O. Box 8677, Chicago,
through the U.S. Postal Service. IL 60680-8677.
You are applying for the first time as USCIS, P.O. Box 8677, Chicago,
a late initial registrant through the IL 60680-8677.
U.S. Postal Service.
You are using a Non-U.S. Postal Service USCIS, Attn: TPS Sudan, 131 S.
delivery service for either re- Dearborn 3rd Floor, Chicago,
registration or first-time late IL 60603-5517.
You cannot electronically file your application when re-registering
or applying for late initial registration for Sudan TPS. Please mail
your application to the mailing address listed in Table 1 above.
Employment Authorization Document (EAD)
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.
Am I eligible to receive an automatic 6-month extension of my current
EAD from November 2, 2011 through May 2, 2012?
You will receive an automatic 6-month extension of your EAD if you:
Are a national of Sudan, an alien having no nationality
who last habitually resided in Sudan, or a new national of South Sudan
who received an EAD under the last extension of TPS for Sudan;
Received an EAD under the last extension of TPS for Sudan;
Have not had TPS withdrawn or denied.
This automatic extension is limited to EADs with an expiration date
of November 2, 2011. These EADs must also bear the notation ``A-12'' or
``C-19'' on the face of the card under ``Category.''
When hired, what documentation may I show to my employer as proof of
employment authorization and identity when completing Employment
Eligibility Verification, Form I-9?
You can find a list of acceptable document choices on page 5 of the
Employment Eligibility Verification, Form I-9. Employers are required
to verify the identity and employment authorization of all new
employees by using Form I-9. Within three days of hire, an employee
must present proof of identity and employment authorization to his or
You may present any document from List A (reflecting both your
identity and employment authorization), or one document from List B
(reflecting identity) together with one document from List C
(reflecting employment authorization). An EAD is an acceptable document
under ``List A.''
If you received a 6-month automatic extension of your EAD by virtue
of this Federal Register notice, you may choose to present your
automatically extended EAD, as described above, to your employer as
proof of identity and employment authorization for Form I-9 through May
2, 2012 (see the subsection below titled ``How do my employer and I
complete Form I-9 (i.e., verification) using an automatically extended
EAD for a new job?'' for further information). To minimize confusion
over this extension at the time of hire, you may also show a copy of
this Federal Register notice regarding the automatic extension of
employment authorization through May 2, 2012 to your employer. As an
alternative to presenting your automatically extended EAD, you may
choose to present any other acceptable document from List A, or List B
plus List C.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?
You must present any document from List A or any document from List
C on Form I-9 to reverify employment authorization. Employers are
required to reverify on Form I-9 the employment authorization of
current employees upon the expiration of a TPS-related EAD.
If you received a 6-month automatic extension of your EAD by virtue
of this Federal Register notice, your employer does not need to
reverify until after May
2, 2012. However, you and your employer do need to make corrections to
the employment authorization expiration dates in Section 1 and Section
2 of the Form I-9 (see the subsection below titled ``What corrections
should my employer at my current job and I make to Form I-9 if my EAD
has been automatically extended?'' for further information). In
addition, you may also show this Federal Register notice to your
employer to avoid confusion about whether or not your expired TPS-
related document is acceptable. After May 2, 2012, when the automatic
extension expires, your employer must reverify your employment
authorization. You may show any document from List A or List C on Form
I-9 to satisfy this reverification requirement.
What happens after May 2, 2012 for purposes of employment
After May 2, 2012, employers may not accept the EADs that were
automatically extended by this Federal Register notice. However, USCIS
will issue new EADs to TPS re-registrants. These EADs will have an
expiration date of May 2, 2013 and can be presented to your employer as
proof of employment authorization and identity. The EAD will bear the
notation ``A-12'' or ``C-19'' on the face of the card under
``Category.'' Alternatively, you may choose to present any other
legally acceptable document or combination of documents listed on the
Form I-9 to prove identity and employment authorization.
How do my employer and I complete Form I-9 (i.e., Verification) using
an automatically extended EAD for a new job?
When using an automatically extended EAD to fill out Form I-9 for a
new job prior to May 2, 2012, you and your employer should do the
(1) For Section 1, you should:
a. Check ``An alien authorized to work;''
b. Write your alien number (A-number) in the first space (your EAD
or other document from DHS will have your A-number printed on it); and
c. Write the automatic extension date in the second space.
(2) For Section 2, employers should:
a. Record the document title;
b. Record the document number; and
c. Record the automatically extended EAD expiration date.
After May 2, 2012, employers must reverify the employee's
employment authorization in Section 3 of Form I-9.
What corrections should my employer at my current job and I make to
Form I-9 if my EAD has been automatically extended?
If you are an existing employee who presented a TPS EAD that was
valid when you first started your job, but that EAD has now been
automatically extended, you and your employer should correct your
previously completed Form I-9 as follows:
(1) For Section 1, you should:
a. Draw a line through the expiration date in the second space;
b. Write ``May 2, 2012'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 1; and
a. Initial and date the correction in the margin of Section 1.
(2) For Section 2, employers should:
a. Draw a line through the expiration date written in Section 2;
b. Write ``May 2, 2012'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
After May 2, 2012, when the automatic extension of EADs expires,
employers must reverify the employee's employment authorization in
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
If you are an employer who participates in E-Verify, you will
receive a ``Work Authorization Documents Expiring'' case alert when a
TPS beneficiary's EAD is about to expire. Usually, this message is an
alert to complete Section 3 of Form I-9 to reverify an employee's
employment authorization. For existing employees with TPS EADs that
have been automatically extended, employers should disregard the E-
Verify case alert and follow the instructions above explaining how to
correct Form I-9. After May 2, 2012, employment authorization needs to
be reverified in Section 3. You should never use E-Verify for
Can my employer require that I produce any other documentation to prove
my status, such as proof of my Sudanese or South Sudanese Citizenship?
No. When completing the Form I-9, employers must accept any
documentation that appears on the lists of acceptable documentation,
and that reasonably appears to be genuine and that relates to you.
Employers may not request documentation that does not appear on the
Form I-9. Therefore, employers may not request proof of Sudanese or
South Sudanese citizenship when completing Form I-9. If presented with
EADs that have been automatically extended pursuant to this Federal
Register notice or EADs that are unexpired on their face, employers
should accept such EADs as valid ``List A'' documents so long as the
EADs reasonably appear to be genuine and to relate to the employee. See
below for important information about your rights if your employer
rejects lawful documentation, requires additional documentation, or
otherwise discriminates against you because of your citizenship or
immigration status, or national origin.
Note to All Employers
Employers are reminded that the laws requiring employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those rules setting forth reverification
requirements. For questions, employers may call the USCIS Customer
Assistance Office at 1-800-357-2099. The USCIS Customer Assistance
Office accepts calls in English and Spanish only. Employers may also
call the Department of Justice (DOJ) Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC) Employer Hotline
Note to Employees
Employees or applicants may call the DOJ OSC Worker Information
Hotline at 1-800-255-7688 for information regarding employment
discrimination based upon citizenship or immigration status, or
national origin, unfair documentary practices related to the Form I-9,
or discriminatory practices related to E-Verify. Employers must accept
any document or combination of documents acceptable for Form I-9
completion if the documentation reasonably appears to be genuine and to
relate to the employee. Employers may not require extra or additional
documentation beyond what is required for Form I-9 completion. Further,
employees who receive an initial mismatch via E-Verify must be given an
opportunity to challenge the mismatch, and employers are prohibited
from taking adverse action against such employees based on the initial
mismatch unless and until E-Verify returns a final nonconfirmation. The
Hotline accepts calls in multiple languages. Additional information is
available on the OSC Web site at http://www.justice.gov/crt/osc/.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
State and local government agencies are permitted to create their
own guidelines when granting certain benefits, such as a driver's
license or an identification card. Each state may have different laws,
requirements, and determinations about what documents you need to
provide to prove eligibility for certain benefits. If you are applying
for a state or local government benefit, you may need to provide the
state or local government agency with documents that show you are a TPS
beneficiary and/or show you are authorized to work based on TPS.
(1) Your expired EAD that has been automatically extended, or your
EAD that has a valid expiration date;
(2) A copy of this Federal Register notice if your EAD is
automatically extended under this notice;
(3) A copy of your Application for Temporary Protected Status, Form
I-821 Receipt Notice (Form I-797) for this re-registration;
(4) A copy of your past or current Form I-821 Approval Notice (Form
I-797), if you receive one from USCIS; and
(5) If there is an automatic extension of work authorization, a
copy of the fact sheet from the USCIS TPS Web site that provides
information on the automatic extension.
Check with the state or local agency regarding which document(s)
the agency will accept.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (SAVE) to verify the current
immigration status of applicants for public benefits. If such an agency
has denied your application based solely or in part on a SAVE response
following completion of all required SAVE verification steps, the
agency must offer you the opportunity to appeal the decision in
accordance with the agency's procedures. If the agency has completed
all SAVE verification and you do not believe the response is correct,
you may make an Info Pass appointment for an in-person interview at a
local USCIS office. Detailed information on how to make corrections,
make an appointment, or submit a written request can be found at the
SAVE Web site at http://www.uscis.gov/save, then by choosing ``How to
Correct Your Records'' from the menu on the right.
[FR Doc. 2011-26538 Filed 10-12-11; 8:45 am]
BILLING CODE 9111-97-P
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