80 FR 31056 - Extension of the Designation of Somalia for Temporary Protected Status

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

Federal Register Volume 80, Issue 104 (June 1, 2015)

Page Range		31056-31061
FR Document		2015-13094

Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Somalia for Temporary Protected Status (TPS) for 18 months from September 18, 2015, through March 17, 2017. The extension allows currently eligible TPS beneficiaries to retain TPS through March 17, 2017, so long as they otherwise continue to meet the eligibility requirements for TPS. The Secretary has determined that an extension is warranted because the conditions in Somalia that prompted the TPS designation continue to be met. There continues to be a substantial, but temporary, disruption of living conditions in Somalia due to ongoing armed conflict that would pose a serious threat to the personal safety of returning Somali nationals, as well as extraordinary and temporary conditions in the country that prevent Somali nationals from returning to Somalia in safety. The Secretary has also determined that permitting eligible Somali nationals to remain temporarily in the United States is not contrary to the national interest of the United States. Through this Notice, DHS also sets forth procedures necessary for nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) to re-register for TPS and to apply for renewal of their Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS). Re-registration is limited to persons who have previously registered for TPS under the designation of Somalia and whose applications have been granted. Certain nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions, if they meet: (1) At least one of the late initial filing criteria; and (2) all TPS eligibility criteria (including continuous residence in the United States since May 1, 2012, and continuous physical presence in the United States since September 18, 2012). For individuals who have already been granted TPS under the Somalia designation, the 60-day re-registration period runs from June 1, 2015 through July 31, 2015. USCIS will issue new EADs with a March 17, 2017 expiration date to eligible Somalia TPS beneficiaries who timely re- register and apply for EADs under this extension.

Federal Register, Volume 80 Issue 104 (Monday, June 1, 2015)

[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Notices]
[Pages 31056-31061]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-13094]

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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2559-15; DHS Docket No. USCIS-2013-0006]
RIN 1615-ZB38

Extension of the Designation of Somalia for Temporary Protected
Status

AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.

ACTION: Notice.

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

SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Somalia for Temporary Protected Status
(TPS) for 18 months from September 18, 2015, through March 17, 2017.
The extension allows currently eligible TPS beneficiaries to retain
TPS through March 17, 2017, so long as they otherwise continue to meet
the eligibility requirements for TPS. The Secretary has determined that
an extension is warranted because the conditions in Somalia that
prompted the TPS designation continue to be met. There continues to be
a substantial, but temporary, disruption of living conditions in
Somalia due to ongoing armed conflict that would pose a serious threat
to the personal safety of returning Somali nationals, as well as
extraordinary and temporary conditions in the country that prevent
Somali nationals from returning to Somalia in safety. The Secretary has
also determined that permitting eligible Somali nationals to remain
temporarily in the United States is not contrary to the national
interest of the United States.
Through this Notice, DHS also sets forth procedures necessary for
nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia) to re-register for TPS and to apply for
renewal of their Employment Authorization Documents (EADs) with U.S.
Citizenship and Immigration Services (USCIS). Re-registration is
limited to persons who have previously registered for TPS under the
designation of Somalia and whose applications have been granted.
Certain nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia) who have not previously applied for TPS
may be eligible to apply under the late initial registration
provisions, if they meet: (1) At least one of the late initial filing
criteria; and (2) all TPS eligibility criteria (including continuous
residence in the United States since May 1, 2012, and continuous
physical presence in the United States since September 18, 2012).
For individuals who have already been granted TPS under the Somalia
designation, the 60-day re-registration period runs from June 1, 2015
through July 31, 2015. USCIS will issue new EADs with a March 17, 2017
expiration date to eligible Somalia TPS beneficiaries who timely re-
register and apply for EADs under this extension.

DATES: The 18-month extension of the TPS designation of Somalia is
effective September 18, 2015, and will remain in effect through March
17, 2017. The 60-day re-registration period runs from June 1, 2015
through July 31, 2015. (Note: It is important for re-registrants to
timely re-register during this 60-day re-registration period and not to
wait until their EADs expire.)

FOR FURTHER INFORMATION:
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find
specific information about this extension of Somalia's TPS designation
by selecting ``TPS Designated Country: Somalia'' from the menu on the
left of the TPS Web page.
You can also contact the TPS Operations Program Manager at
the Family and Status Branch, Service Center Operations Directorate,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 20 Massachusetts Avenue NW.,

[[Page 31057]]

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 inquires.
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 800-375-5283 (TTY 800-767-1833). Service is available
in English and Spanish.
Further information will also be available at local USCIS
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IDP--Internally Displaced Person
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
UNHCR--Office of the United Nations High Commissioner for Refugees
USAID--U.S. Agency for International Development
USCIS--U.S. Citizenship and Immigration Services

What is Temporary Protected Status (TPS)?

TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA), or to eligible 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, may not be removed, and are
authorized to work and obtain EADs, so long as they continue to meet
the requirements of TPS.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not result in or lead to
permanent resident status.
When the Secretary terminates a country's TPS designation,
beneficiaries return to the same immigration status they maintained
before TPS, if any (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 Somalia designated for TPS?

On September 16, 1991, the Attorney General designated Somalia for
TPS based on extraordinary and temporary conditions. See 56 FR 46804
(Sept. 16, 1991). The initial designation was extended nine times based
on determinations that the conditions warranting the designation
continued to be met. On September 4, 2001, the Attorney General
extended Somalia's TPS designation for a tenth time and redesignated
Somalia for TPS. See 66 FR 46288 (Sept. 4, 2001). Under the 2001
redesignation, the Attorney General revised the date from which
applicants had to show they had been ``continuously residing'' in and
``continuously physically present'' in the United States to September
4, 2001. Somalia's TPS designation was subsequently extended nine
additional times, including on May 1, 2012, when the Secretary both
extended and redesignated Somalia for TPS and added ongoing armed
conflict as an additional basis for Somalia's TPS designation. Under
the 2012 redesignation, the Secretary revised the ``continuous
residence'' date to May 1, 2012, and the ``continuous physical
presence'' date to September 18, 2012. See 77 FR 25723 (May 1, 2012).
This announcement is the second extension of the TPS designation for
Somalia since the 2012 extension and redesignation.

What authority does the Secretary of Homeland Security have to extend
the designation of Somalia 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 finds that certain country conditions exist.\1\ The
Secretary may then grant TPS to eligible nationals of that foreign
state (or eligible aliens having no nationality who last habitually
resided in that state). See INA section 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, 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 DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying section 1517 of the
Homeland Security Act of 2002).
---------------------------------------------------------------------------

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 section
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 may be extended for an additional period of 6, 12, or
18 months. See INA section 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 section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Somalia through
March 17, 2017?

Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Somalia. Based on this review and
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the conditions that led to the
2012 redesignation of Somalia for TPS--(1) ongoing armed conflict and
(2) extraordinary and temporary conditions that prevent Somali
nationals from returning to Somalia in safety--continue to exist, and
that permitting eligible Somali nationals to remain temporarily in the
United States is not contrary to the national interest of the United
States.
Since President Hassan Sheikh Mohamud's inauguration in September
2012, the Federal Government of Somalia has made some progress in
establishing government institutions, negotiating federal relationships
with regional authorities, and attracting financial support from the
international community. In spite of these political gains, instability
and conflict persist throughout Somalia. A sustained military campaign
against al-Shabaab in 2014 resulted in large numbers of civilian deaths
and population displacement. Targeted attacks by al-Shabaab using
suicide bombers and improvised explosive devices also resulted in
significant civilian casualties. In October 2014, troops from the
African Union Mission in Somalia, in coordination with the Somali
National Army, successfully completed an offensive to liberate parts of
south-central Somalia from al-Shabaab's control and to consolidate and
expand the Somali government's security gains. Despite the offensive's
success, al-

[[Page 31058]]

Shabaab maintains a stronghold in some rural areas of south central
Somalia that surround urban centers, and continues to attack critical
targets in Somalia and the region.
Even in government-controlled areas, al-Shabaab has demonstrated
the capability to carry out attacks, with particular emphasis on
targeting government facilities, the facilities and movements of
foreign delegations, commercial establishments frequented by government
officials, foreign nationals, the development and humanitarian
community and the Somali diaspora. Al-Shabaab-planned and/or conducted
assassinations, suicide bombings, and indiscriminate armed attacks in
civilian populated areas were frequent in Somalia over the reporting
period. Insecurity further persists as a result of inter-clan and
inter-factional fighting, which flares up with little or no warning.
The World Health Organization reported in June 2014 that violence and
conflict continue to take a heavy toll on civilians in Somalia.
Somalia's ongoing complex emergency continues to shape the
humanitarian situation within the country. While fragile gains have
been made since the 2011-2012 famine that resulted in the deaths of an
estimated 258,000 people, ongoing climatic conditions such as drought
and flooding, coupled with insecurity, conflict, and an increase in
food prices continue to result in significant humanitarian need. In
September 2014, the U.S. Agency for International Development (USAID)
reported that approximately 3.1 million people, or roughly 29 percent
of the country's population, are experiencing some level of food
insecurity, representing a 20 percent increase since January 2014
Malnutrition rates in Somalia remain among the highest in the world,
with USAID reporting in September 2014 that an estimated 218,000
children under the age of 5 are acutely malnourished.
The Office of the United Nations High Commissioner for Refugees
(UNHCR) stated in November 2014 that there are over 1.1 million
internally displaced persons (IDPs) in Somalia. In addition to those
internally displaced, UNHCR also noted that more than 950,000 Somalis
have sought refuge in neighboring countries in the Horn of Africa and
in Yemen. USAID noted that forced evictions, drought, conflict, and
lack of livelihoods have displaced 130,000 Somalis since January 2014,
and approximately 369,000 IDPs live in makeshift camps in Mogadishu.
UNHCR reports that IDPs in Somalia often live in crowded settlements,
lack adequate protection, and face forced evictions, discrimination,
and gender-based violence.
The security situation remains volatile, and the risks associated
with humanitarian aid work are high due to insecurity as well as direct
and indirect attacks on humanitarian personnel and assets. According to
the United Nations, from January to September 2014, there were 40
violent incidents against aid workers. Armed groups also made several
attempts to loot relief food and disrupt food distributions. Al-Shabaab
maintains control over some key supply routes, hampering commercial
activities and the delivery of humanitarian assistance.
Many critical services were unavailable to Somalis because of
insufficient resources and the government's limited capacity to deliver
essential services and provide basic security. For instance, the health
sector was unable to provide a functional system of primary or
secondary health clinics, and the justice sector lacked the capacity to
effectively administer justice or enforce the law.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the May 1, 2012 redesignation
of Somalia for TPS continue to be met. See INA section 244(b)(1)(A) and
(C), (b)(3)(A) and (C); 8 U.S.C. 1254a(b)(1)(A) and (C), (b)(3)(A) and
(C).
There continues to be an ongoing armed conflict in Somalia
and, due to such conflict, requiring the return of Somali nationals
would pose a serious threat to their safety. See INA section
244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
There continue to be extraordinary and temporary
conditions in Somalia that prevent Somali nationals from returning to
Somalia in safety. See INA section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).
It is not contrary to the national interest of the United
States to permit Somalis (and persons who have no nationality who last
habitually resided in Somalia) who meet the eligibility requirements of
TPS to remain in the United States temporarily. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The designation of Somalia for TPS should be extended for
an additional 18-month period from September 18, 2015, through March
17, 2017. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
There are approximately 270 current Somalia TPS
beneficiaries who are expected to file for re-registration under the
extension.

Notice of Extension of the TPS Designation of Somalia

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 Government agencies, that the conditions that prompted the
redesignation of Somalia for TPS on May 1, 2012, continue to be met.
See INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of
this determination, I am extending the designation of Somalia for TPS
for 18 months from September 18, 2015 through March 17, 2017. See INA
section 244(b)(1)(A) and (C), (b)(2); 8 U.S.C. 1254a(b)(1)(A) and (C),
(b)(2).

Jeh Charles Johnson,
Secretary.

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
Somalia, an applicant must submit each of the following two
applications:
1. Application for Temporary Protected Status (Form I-821).
If you are filing an application for late initial
registration, you must pay the fee for the Application for Temporary
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and
information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
If you are filing an application for re-registration, you
do not need to pay the fee for the Application for Temporary Protected
Status (Form I-821). See 8 CFR 244.17. and
2. Application for Employment Authorization (Form I-765).
If you are applying for late initial registration and want
an EAD, you must pay the fee for the Application for Employment
Authorization (Form I-765) only if you are age 14 through 65. No fee
for the Application for Employment Authorization (Form I-765) is
required if you are under the age of 14 or are 66 and older and
applying for late initial registration.
If you are applying for re-registration, you must pay the
fee for the Application for Employment Authorization (Form I-765) only
if you want an EAD, regardless of age.
You do not pay the fee for the Application for Employment
Authorization (Form I-765) if you are not requesting an EAD, regardless
of whether you are applying for late initial registration or re-
registration.

[[Page 31059]]

You must submit both completed application forms together. If you
are unable to pay for the Application for Employment Authorization
(Form I-765) and/or biometrics fee, you may apply for a fee waiver by
completing a Request for Fee Waiver (Form I-912) or submitting a
personal letter requesting a fee waiver, and by 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. Fees for the Application for Temporary Protected
Status (Form I-821), the Application for Employment Authorization (Form
I-765), and biometric services are also described in 8 CFR
103.7(b)(1)(i).

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 for the
biometric services fee, you may apply for a fee waiver by completing a
Request for Fee Waiver (Form I-912) or by submitting 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.

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

USCIS urges all re-registering applicants to file as soon as
possible within the 60-day re-registration period so that USCIS can
process the applications and issue EADs promptly. Filing early will
also allow those applicants who may receive denials of their fee waiver
requests to have time to re-file 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 re-file by the re-
registration deadline, the applicant may still re-file his or her
application. This situation will be reviewed to determine whether the
applicant has established good cause for late re-registration. However,
applicants are urged to refile within 45 days of the date on their
USCIS fee waiver denial notice, if at all possible. See INA section
244(c)(3)(C), 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more
information on good cause for late re-registration, visit the USCIS TPS
Web page at http://www.uscis.gov/tps. Note: As previously stated,
although a re-registering TPS beneficiary age 14 and older must pay the
biometric services fee (but not the initial TPS application fee) when
filing a TPS re-registration application, the applicant may decide to
wait to request an EAD, and therefore not pay the Application for
Employment Authorization (Form I-765) fee, until after USCIS has
approved the individual's TPS re-registration, if he or she is
eligible. If you choose to do this, you would file the Application for
Temporary Protected Status (Form I-821) with the fee and the
Application for Employment Authorization (Form I-765) without the fee
and without requesting an EAD.

Mailing Information

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

Table 1--Mailing Addresses
------------------------------------------------------------------------
If. . . Mail to. . .
------------------------------------------------------------------------
You are applying through the U.S. USCIS: Attn: TPS Somalia, P.O.
Postal Service. Box 6943, Chicago, IL 60680-
6943.
You are using a non-U.S. Postal Service USCIS: Attn: TPS Somalia, 131
delivery service. S. Dearborn, 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, or are
re-registering for the first time following a grant of TPS by an IJ or
the BIA, please mail your application to the appropriate address in
Table 1. Upon receiving a Notice of Action (Form I-797) from USCIS,
please send an email to the appropriate USCIS Service Center handling
your application providing the receipt number and stating that you
submitted a re-registration and/or request for an EAD based on an IJ/
BIA grant of TPS. Upon receiving a Notice of Action (Form I-797) from
USCIS, please send an email to TPSijgrant.vsc@uscis.dhs.gov with the
receipt number and state that you submitted a re-registration and/or
request for an EAD based on an IJ/BIA grant of TPS. You can find
detailed information on what further information you need to email and
the email addresses on the USCIS TPS Web page at http://www.uscis.gov/tps.

E-Filing

You cannot electronically file your application when re-registering
or submitting a late initial registration for Somalia TPS. Please mail
your application to the mailing address listed in Table 1.

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 through March 17, 2016?

No. Previously issued EADs will not be automatically extended. You
must apply for a new EAD during the 60-day re- registration period.
Failure to file your TPS application during the re-registration period
without good cause may result in gaps in work authorization. DHS
strongly encourages you to apply as early as possible within the re-
registration period to avoid a gap in your employment authorization.

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 the ``Lists
of Acceptable Documents'' for Employment Eligibility Verification (Form
I-9). You can find additional detailed information on the USCIS I-9
Central Web page at http://www.uscis.gov/I-9Central. Employers are
required to verify the identity and employment authorization of all new
employees by using Employment Eligibility Verification (Form I-9).
Within 3 days of hire, an employee must present proof of identity and
employment authorization to his or her employer.
You may present any document from List A (reflecting both your
identity and employment authorization) or one

[[Page 31060]]

document from List B (reflecting identity) together with one document
from List C (reflecting employment authorization). You may present an
acceptable receipt for List A, List B, or List C documents as described
in the Form I-9 Instructions. An EAD is an acceptable document under
``List A.'' Employers may not reject a document based on a future
expiration date.

What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?

At the time of expiration, you must present any document from List
A or any document from List C on Employment Eligibility Verification
(Form I-9) to re-verify employment authorization, or an acceptable List
A or List C receipt described in the Form I-9 instructions. Your
employer is required to re-verify on Employment Eligibility
Verification (Form I-9) the employment authorization of current
employees upon the expiration of a TPS-related EAD. Your employer
should use either section 3 of the Employment Eligibility Verification
(Form I-9) originally completed for the employee or, if this section
has already been completed or if the version of Employment Eligibility
Verification (Form I-9) is no longer valid, complete section 3 of a new
Employment Eligibility Verification (Form I-9) using the most current
version. Note that your employer may not specify which List A or List C
document employees must present, and cannot reject an acceptable
receipt.
USCIS anticipates that it will be able to process and issue new
EADs for existing TPS Somalia beneficiaries before their current EADs
expire on September 17, 2015. However, re-registering beneficiaries are
encouraged to file as early as possible within the 60-day re-
registration period to help ensure that they receive their EADs
promptly.

Can my employer require that I produce any other documentation to prove
my status, such as proof of my Somali citizenship?

No. When completing Employment Eligibility Verification (Form I-9),
including re-verifying employment authorization, employers must accept
any documentation that appears on the ``Lists of Acceptable Documents''
for Employment Eligibility Verification (Form I-9) 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 documentation that
does not appear on the ``Lists of Acceptable Documents.'' Therefore,
employers may not request proof of Somali citizenship when completing
Employment Eligibility Verification (Form I-9) for new hires or
reverifying the employment authorization of current employees. Refer to
the Note to Employees section of this 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.

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 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 I-9Central@dhs.gov. Calls and emails
are accepted in English and many other languages. For questions about
avoiding discrimination during the employment eligibility verification
process, employers may also call the U.S. Department of Justice, Civil
Rights Division, Office of Special Counsel for Immigration-Related
Unfair Employment Practices (OSC) Employer Hotline at 800-255-8155 (TTY
800-237-2515), which offers language interpretation in numerous
languages, or email OSC at osccrt@usdoj.gov.

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 at I-9Central@dhs.gov. Calls are accepted in English and many
other languages. Employees or applicants may also call the U.S.
Department of Justice, Civil Rights Division, Office of Special Counsel
for Immigration-Related Unfair Employment Practices (OSC) Worker
Information Hotline at 800-255-7688 (TTY 800-237-2515) for information
regarding employment discrimination based upon citizenship status,
immigration status, or national origin, or for information regarding
discrimination related to Employment Eligibility Verification (Form I-
9) and E-Verify. The OSC Worker Information Hotline provides language
interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt described
in the Employment Eligibility Verification (Form I-9) Instructions.
Employers may not require extra or additional documentation beyond what
is required for Employment Eligibility Verification (Form I-9)
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from Employment Eligibility
Verification (Form I-9) differs from records available to DHS or the
Social Security Administration.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay or take any adverse action against an employee based on the
employee's decision to contest a TNC or because the case is still
pending with E-Verify. A Final Nonconfirmation (FNC) case result is
received when E-Verify cannot verify 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). An employee
that believes he or she was discriminated against by an employer in the
E-Verify process based on citizenship or immigration status, or based
on national origin, may contact OSC's Worker Information Hotline at
800-255-7688 (TTY 800-237-2515). Additional information about proper
nondiscriminatory Employment Eligibility Verification (Form I-9) and E-
Verify procedures is available on the OSC Web site at http://www.justice.gov/crt/about/osc/ and the USCIS Web site at http://www.dhs.gov/E-verify.

Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)

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

[[Page 31061]]

government benefit, you may need to provide the government agency with
documents that show you are a TPS beneficiary and/or show you are
authorized to work based on TPS. Examples are:
(1) Your unexpired EAD;
(2) A copy of your Application for Temporary Protected Status
Notice of Action (Form I-797) for this re-registration; and/or
(3) A copy of your past or current Application for Temporary
Protected Status Approval Notice (Form I-797), if you received one from
USCIS.
Check with the government agency regarding which document(s) the
agency will accept. You may also provide the agency with a copy of this
Federal Register Notice.
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,
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 upon or will act upon a SAVE verification and you do not believe
the response is correct, you may make an InfoPass 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 to correct records under the Freedom of Information Act 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. 2015-13094 Filed 5-29-15; 8:45 am]
BILLING CODE 9111-97-P

31058 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices

Shabaab maintains a stronghold in some protection, and face forced evictions, are expected to file for re-registration
rural areas of south central Somalia that discrimination, and gender-based under the extension.
surround urban centers, and continues violence.
Notice of Extension of the TPS
to attack critical targets in Somalia and The security situation remains Designation of Somalia
the region. volatile, and the risks associated with
Even in government-controlled areas, humanitarian aid work are high due to By the authority vested in me as
al-Shabaab has demonstrated the insecurity as well as direct and indirect Secretary under INA section 244, 8
capability to carry out attacks, with attacks on humanitarian personnel and U.S.C. 1254a, I have determined, after
particular emphasis on targeting assets. According to the United Nations, consultation with the appropriate
government facilities, the facilities and from January to September 2014, there Government agencies, that the
movements of foreign delegations, were 40 violent incidents against aid conditions that prompted the
commercial establishments frequented workers. Armed groups also made redesignation of Somalia for TPS on
by government officials, foreign several attempts to loot relief food and May 1, 2012, continue to be met. See
nationals, the development and disrupt food distributions. Al-Shabaab INA section 244(b)(3)(A), 8 U.S.C.
humanitarian community and the maintains control over some key supply 1254a(b)(3)(A). On the basis of this
Somali diaspora. Al-Shabaab-planned routes, hampering commercial activities determination, I am extending the
and/or conducted assassinations, and the delivery of humanitarian designation of Somalia for TPS for 18
suicide bombings, and indiscriminate assistance. months from September 18, 2015
armed attacks in civilian populated Many critical services were through March 17, 2017. See INA
areas were frequent in Somalia over the unavailable to Somalis because of section 244(b)(1)(A) and (C), (b)(2); 8
reporting period. Insecurity further insufficient resources and the U.S.C. 1254a(b)(1)(A) and (C), (b)(2).
persists as a result of inter-clan and government’s limited capacity to deliver Jeh Charles Johnson,
inter-factional fighting, which flares up essential services and provide basic Secretary.
with little or no warning. The World security. For instance, the health sector
Health Organization reported in June was unable to provide a functional Required Application Forms and
2014 that violence and conflict continue system of primary or secondary health Application Fees To Register or Re-
to take a heavy toll on civilians in clinics, and the justice sector lacked the Register for TPS
Somalia. capacity to effectively administer justice To register or re-register for TPS based
Somalia’s ongoing complex on the designation of Somalia, an
or enforce the law.
emergency continues to shape the applicant must submit each of the
Based upon this review and after
humanitarian situation within the following two applications:
consultation with appropriate
country. While fragile gains have been 1. Application for Temporary
Government agencies, the Secretary
made since the 2011–2012 famine that Protected Status (Form I–821).
finds that:
resulted in the deaths of an estimated • If you are filing an application for
258,000 people, ongoing climatic • The conditions that prompted the
May 1, 2012 redesignation of Somalia late initial registration, you must pay
conditions such as drought and the fee for the Application for
flooding, coupled with insecurity, for TPS continue to be met. See INA
section 244(b)(1)(A) and (C), (b)(3)(A) Temporary Protected Status (Form I–
conflict, and an increase in food prices 821). See 8 CFR 244.2(f)(2) and 244.6
continue to result in significant and (C); 8 U.S.C. 1254a(b)(1)(A) and (C),
(b)(3)(A) and (C). and information on late initial filing on
humanitarian need. In September 2014, the USCIS TPS Web page at http://
the U.S. Agency for International • There continues to be an ongoing
armed conflict in Somalia and, due to www.uscis.gov/tps.
Development (USAID) reported that • If you are filing an application for
approximately 3.1 million people, or such conflict, requiring the return of
re-registration, you do not need to pay
roughly 29 percent of the country’s Somali nationals would pose a serious
the fee for the Application for
population, are experiencing some level threat to their safety. See INA section
Temporary Protected Status (Form I–
of food insecurity, representing a 20 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
821). See 8 CFR 244.17. and
percent increase since January 2014 • There continue to be extraordinary 2. Application for Employment
Malnutrition rates in Somalia remain and temporary conditions in Somalia Authorization (Form I–765).
among the highest in the world, with that prevent Somali nationals from • If you are applying for late initial
USAID reporting in September 2014 that returning to Somalia in safety. See INA registration and want an EAD, you must
an estimated 218,000 children under the section 244(b)(1)(C), 8 U.S.C. pay the fee for the Application for
age of 5 are acutely malnourished. 1254a(b)(1)(C). Employment Authorization (Form I–
The Office of the United Nations High • It is not contrary to the national 765) only if you are age 14 through 65.
Commissioner for Refugees (UNHCR) interest of the United States to permit No fee for the Application for
stated in November 2014 that there are Somalis (and persons who have no Employment Authorization (Form I–
over 1.1 million internally displaced nationality who last habitually resided 765) is required if you are under the age
persons (IDPs) in Somalia. In addition to in Somalia) who meet the eligibility of 14 or are 66 and older and applying
those internally displaced, UNHCR also requirements of TPS to remain in the for late initial registration.
noted that more than 950,000 Somalis United States temporarily. See INA • If you are applying for re-
have sought refuge in neighboring section 244(b)(1)(C), 8 U.S.C. registration, you must pay the fee for the
countries in the Horn of Africa and in 1254a(b)(1)(C). Application for Employment
Yemen. USAID noted that forced • The designation of Somalia for TPS Authorization (Form I–765) only if you
Lhorne on DSK2VPTVN1PROD with NOTICES

evictions, drought, conflict, and lack of should be extended for an additional 18- want an EAD, regardless of age.
livelihoods have displaced 130,000 month period from September 18, 2015, • You do not pay the fee for the
Somalis since January 2014, and through March 17, 2017. See INA Application for Employment
approximately 369,000 IDPs live in section 244(b)(3)(C), 8 U.S.C. Authorization (Form I–765) if you are
makeshift camps in Mogadishu. UNHCR 1254a(b)(3)(C). not requesting an EAD, regardless of
reports that IDPs in Somalia often live • There are approximately 270 whether you are applying for late initial
in crowded settlements, lack adequate current Somalia TPS beneficiaries who registration or re-registration.

VerDate Sep<11>2014 14:50 May 29, 2015 Jkt 235001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1

Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices 31059

You must submit both completed and providing satisfactory supporting date on their USCIS fee waiver denial
application forms together. If you are documentation. For more information notice, if at all possible. See INA section
unable to pay for the Application for on the biometric services fee, please 244(c)(3)(C), 8 U.S.C. 1254a(c)(3)(C); 8
Employment Authorization (Form I– visit the USCIS Web site at http:// CFR 244.17(c). For more information on
765) and/or biometrics fee, you may www.uscis.gov. If necessary, you may be good cause for late re-registration, visit
apply for a fee waiver by completing a required to visit an Application Support the USCIS TPS Web page at http://
Request for Fee Waiver (Form I–912) or Center to have your biometrics www.uscis.gov/tps. Note: As previously
submitting a personal letter requesting a captured. stated, although a re-registering TPS
fee waiver, and by providing satisfactory beneficiary age 14 and older must pay
Re-Filing a Re-Registration TPS
supporting documentation. For more
Application After Receiving a Denial of the biometric services fee (but not the
information on the application forms
a Fee Waiver Request initial TPS application fee) when filing
and fees for TPS, please visit the USCIS
TPS Web page at http://www.uscis.gov/ USCIS urges all re-registering a TPS re-registration application, the
tps. Fees for the Application for applicants to file as soon as possible applicant may decide to wait to request
Temporary Protected Status (Form within the 60-day re-registration period an EAD, and therefore not pay the
I–821), the Application for Employment so that USCIS can process the Application for Employment
Authorization (Form I–765), and applications and issue EADs promptly. Authorization (Form I–765) fee, until
biometric services are also described in Filing early will also allow those after USCIS has approved the
8 CFR 103.7(b)(1)(i). applicants who may receive denials of individual’s TPS re-registration, if he or
their fee waiver requests to have time to she is eligible. If you choose to do this,
Biometric Services Fee re-file their applications before the re- you would file the Application for
Biometrics (such as fingerprints) are registration deadline. If, however, an Temporary Protected Status (Form I–
required for all applicants 14 years of applicant receives a denial of his or her 821) with the fee and the Application
age or older. Those applicants must fee waiver request and is unable to re- for Employment Authorization (Form I–
submit a biometric services fee. As file by the re-registration deadline, the 765) without the fee and without
previously stated, if you are unable to applicant may still re-file his or her requesting an EAD.
pay for the biometric services fee, you application. This situation will be
may apply for a fee waiver by reviewed to determine whether the Mailing Information
completing a Request for Fee Waiver applicant has established good cause for
(Form I–912) or by submitting a late re-registration. However, applicants Mail your application for TPS to the
personal letter requesting a fee waiver, are urged to refile within 45 days of the proper address in Table 1.

TABLE 1—MAILING ADDRESSES
If. . . Mail to. . .

You are applying through the U.S. Postal Service .................................. USCIS: Attn: TPS Somalia, P.O. Box 6943, Chicago, IL 60680–6943.
You are using a non-U.S. Postal Service delivery service ...................... USCIS: Attn: TPS Somalia, 131 S. Dearborn, 3rd Floor, Chicago, IL
60603–5517.

If you were granted TPS by an E-Filing you to apply as early as possible within
Immigration Judge (IJ) or the Board of the re-registration period to avoid a gap
You cannot electronically file your
Immigration Appeals (BIA), and you in your employment authorization.
application when re-registering or
wish to request an EAD, or are re- submitting a late initial registration for When hired, what documentation may I
registering for the first time following a Somalia TPS. Please mail your show to my employer as proof of
grant of TPS by an IJ or the BIA, please application to the mailing address listed employment authorization and identity
mail your application to the appropriate in Table 1. when completing Employment
address in Table 1. Upon receiving a Eligibility Verification (Form I–9)?
Notice of Action (Form I–797) from Employment Authorization Document
USCIS, please send an email to the (EAD) You can find a list of acceptable
appropriate USCIS Service Center document choices on the ‘‘Lists of
May I request an interim EAD at my
handling your application providing the Acceptable Documents’’ for
local USCIS office?
Employment Eligibility Verification
receipt number and stating that you
No. USCIS will not issue interim (Form I–9). You can find additional
submitted a re-registration and/or
EADs to TPS applicants and re- detailed information on the USCIS I–9
request for an EAD based on an IJ/BIA
registrants at local offices. Central Web page at http://
grant of TPS. Upon receiving a Notice of www.uscis.gov/I-9Central. Employers
Action (Form I–797) from USCIS, please Am I eligible to receive an automatic are required to verify the identity and
send an email to TPSijgrant.vsc@ 6-month extension of my current EAD employment authorization of all new
uscis.dhs.gov with the receipt number through March 17, 2016? employees by using Employment
and state that you submitted a re- No. Previously issued EADs will not Eligibility Verification (Form I–9).
registration and/or request for an EAD
Lhorne on DSK2VPTVN1PROD with NOTICES

be automatically extended. You must Within 3 days of hire, an employee must
based on an IJ/BIA grant of TPS. You apply for a new EAD during the 60-day present proof of identity and
can find detailed information on what re- registration period. Failure to file employment authorization to his or her
further information you need to email your TPS application during the re- employer.
and the email addresses on the USCIS registration period without good cause You may present any document from
TPS Web page at http://www.uscis.gov/ may result in gaps in work List A (reflecting both your identity and
tps. authorization. DHS strongly encourages employment authorization) or one

VerDate Sep<11>2014 14:50 May 29, 2015 Jkt 235001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1

Document Created: 2015-12-15 15:19:10
Document Modified: 2015-12-15 15:19:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		The 18-month extension of the TPS designation of Somalia is effective September 18, 2015, and will remain in effect through March 17, 2017. The 60-day re-registration period runs from June 1, 2015 through July 31, 2015. (Note: It is important for re-registrants to timely re-register during this 60-day re-registration period and not to wait until their EADs expire.)
FR Citation		80 FR 31056
RIN Number		1615-ZB38

80 FR 31056 - Extension of the Designation of Somalia for Temporary Protected Status

DEPARTMENT OF HOMELAND SECURITYU.S. Citizenship and Immigration Services

Federal Register Volume 80, Issue 104 (June 1, 2015)

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