81 FR 4051 - Extension and Redesignation of South Sudan for Temporary Protected Status
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services Federal Register Volume 81, Issue 15 (January 25, 2016)
U.S. Citizenship and Immigration Services
Federal Register Volume 81, Issue 15 (January 25, 2016)
| Page Range | 4051-4059 | |
| FR Document | 2016-01388 |
[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)] [Notices] [Pages 4051-4059] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01388] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2575-15; DHS Docket No. USCIS-2014-0004] RIN 1615-ZB46 Extension and Redesignation of South Sudan 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 South Sudan for Temporary Protected Status (TPS) for 18 months, from May 3, 2016 through November 2, 2017, and redesignating South Sudan for TPS for 18 months, effective May 3, 2016 through November 2, 2017. The extension allows currently eligible TPS beneficiaries to retain TPS through November 2, 2017, so long as they otherwise continue to meet the eligibility requirements for TPS. The redesignation of South Sudan allows additional individuals who have been continuously residing in the United States since January 25, 2016 to obtain TPS, if otherwise eligible. The Secretary determined that an extension of the current designation and a redesignation of South Sudan for TPS are warranted because the ongoing armed conflict and extraordinary and temporary conditions that prompted the 2014 TPS redesignation have persisted, and in some cases deteriorated, and would pose a serious threat to the personal safety of South Sudanese nationals if they were required to return to their country. Although the parties to the conflict signed a peace agreement in August 2015, violence persists in many parts of the country, and the implementation of the peace agreement is halting to date. Through this Notice, DHS also sets forth procedures necessary for eligible nationals of South Sudan (or aliens having no nationality who last habitually resided in South Sudan) either to: (1) Re-register under the extension if they already have TPS and to apply for renewal of their Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS); or (2) submit an initial registration application under the redesignation and apply for an EAD. For individuals who have already been granted TPS, the 60-day re- registration period runs from January 25, 2016 through March 25, 2016. USCIS will issue new EADs with a November 2, 2017, expiration date to eligible South Sudan 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 not all re-registrants will receive new EADs before their current EADs expire on May 2, 2016. Accordingly, through this Notice, DHS automatically extends the validity of EADs issued under the TPS designation of South Sudan for 6 months, through November 2, 2016, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and their impact on Employment Eligibility Verification (Form I-9) and the E-Verify processes. Under the redesignation, individuals who currently do not have TPS (or an initial TPS application pending) may submit an initial application during the 180-day initial registration period that runs from January 25, 2016 through July 25, 2016. In addition to demonstrating continuous residence in the United States since January 25, 2016 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 May 3, 2016, the effective date of this redesignation of South Sudan, before USCIS may grant them TPS. TPS initial applications that were filed under South Sudan's 2011 designation or the 2013 or 2014 redesignations and remain pending on January 25, 2016 will be treated as initial applications under this redesignation. Individuals who have a pending initial South Sudan TPS application will not need to file a new Application for Temporary Protected Status (Form I-821). DHS provides additional instructions in this Notice for individuals whose TPS applications remain pending and who would like to obtain an EAD valid through November 2, 2017. [[Page 4052]] DATES: Extension of Designation of South Sudan for TPS: The 18-month extension of the TPS designation of South Sudan is effective May 3, 2016, and will remain in effect through November 2, 2017. The 60-day re-registration period runs from January 25, 2016 through March 25, 2016. (Note: It is important for re-registrants to timely re-register during this 60-day period and not to wait until their EADs expire.) Redesignation of South Sudan for TPS: The redesignation of South Sudan for TPS is effective May 3, 2016, and will remain in effect through November 2, 2017, a period of 18 months. The 180-day initial registration period for new applicants under the South Sudan TPS redesignation runs from January 25, 2016 through July 25, 2016. FOR FURTHER INFORMATION CONTACT: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 and redesignation of South Sudan for TPS by selecting ``South Sudan'' from the menu on the left side of the TPS Web page. For questions concerning this FRN, you can also contact the 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 inquiries. 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). 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 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 UN United Nations 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. To qualify for TPS, beneficiaries must meet the eligibility standards at INA section 244(c)(2), 8 U.S.C. 1254a(c)(2). 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 South Sudan designated for TPS? On October 13, 2011, the Secretary designated South Sudan for TPS, effective November 3, 2011, based on an ongoing armed conflict and extraordinary and temporary conditions within South Sudan. See Designation of Republic of South Sudan for Temporary Protected Status, 76 FR 63629 (Oct. 13, 2011). Following the initial designation, the Secretary has extended and redesignated South Sudan for TPS two times. Most recently, in 2014, the Secretary both extended South Sudan's designation and redesignated South Sudan for TPS for 18 months through May 2, 2016. See Extension and Redesignation of South Sudan for Temporary Protected Status, 79 FR 52019 (Sept. 2, 2014). What authority does the Secretary have to extend the designation of South Sudan 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 (Government), to designate a foreign state (or part thereof) for TPS if the Secretary determines 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 the designated country). 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 the Homeland Security Act of 2002, tit. XV, section 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 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). What is the Secretary's authority to redesignate South Sudan 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 section 244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 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). This is one of numerous instances in which the Secretary, and prior to the establishment of DHS, the Attorney General, has simultaneously extended a country's TPS designation and redesignated the country for TPS. See, e.g., Extension and Redesignation of Syria for Temporary Protected Status, 80 FR 245 (Jan. 5, 2015); Extension and Redesignation of Sudan for Temporary [[Page 4053]] Protected Status, 78 FR 1872 (Jan. 9, 2013); Extension and Redesignation of Haiti for Temporary Protected Status, 76 FR 29000 (May 19, 2011); Extension of Designation and Redesignation of Liberia Under Temporary Protected Status Program, 62 FR 16608 (Apr. 7, 1997) (discussing legal authority for redesignation of a country for TPS). When the Secretary designates or redesignates a country for TPS, he 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 section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii). This discretion permits the Secretary to tailor the ``continuous residence''' date to offer TPS to the group of eligible individuals that the Secretary deems appropriate. The Secretary has determined that the ``continuous residence'' date for applicants for TPS under the redesignation of South Sudan shall be January 25, 2016. Initial applicants for TPS under this redesignation must also show they have been ``continuously physically present'' in the United States since May 3, 2016, which is the effective date of the Secretary's redesignation of South Sudan. See INA section 244(c)(1)(A)(i), 8 U.S.C. 1254a(c)(1)(A)(i). For each initial TPS application filed under the redesignation, the final determination of whether the applicant has met the ``continuous physical presence'' requirement cannot be made until May 3, 2016. USCIS, however, will issue EADs, as appropriate, during the registration period in accordance with 8 CFR 244.5(b). Why is the Secretary extending the TPS designation for South Sudan and simultaneously redesignating South Sudan for TPS through November 2, 2017? DHS and the Department of State (DOS) have reviewed conditions in South Sudan. Based on the reviews and after consulting with DOS, the Secretary has determined that an 18-month extension and redesignation is warranted because the ongoing armed conflict and extraordinary and temporary conditions that prompted the September 2, 2014 redesignation have persisted, and in some cases deteriorated. In spite of a peace deal signed in August 2015, violence persists in many parts of South Sudan, and the peace agreement itself remains fragile. The current conditions support the expansion of TPS protection to eligible South Sudanese nationals who began residing in the United States between September 2, 2014 and January 25, 2016. South Sudan is in the midst of a crisis involving a cycle of ethnic violence, allegations of atrocities and a humanitarian disaster of devastating scale. The armed conflict between the Government of South Sudan and opposition groups, which has affected a significant portion of the country, has been defined by ethnic lines and has been marked by brutal violence against civilians. Despite a peace agreement signed in August 2015, the security situation remains uncertain and violence persists in many areas. The humanitarian situation continues to deteriorate, resulting in widespread displacement due to the violence; high rates of death, disease, and injuries; severe food insecurity with a major malnutrition crisis; and disrupted livelihoods. Longstanding political tensions between President Salva Kiir Mayardit, an ethnic Dinka, and former vice president, Riek Machar Teny, an ethnic Nuer, sparked an outbreak of violence in Juba in December 2013. This outbreak of violence in Juba led to fighting between Nuer and Dinka elements within the regular Sudan People's Liberation Army. Since December 2013, thousands of people have been killed, as fighting broadened and continued along ethnic lines. The violence has flared up again toward the end of April and into May 2015, and in September following the signing of the peace agreement. South Sudan also remains embroiled in conflict along its border with Sudan. In 2015, Misseriya militias continued to attack Abyei, a disputed border area, sometimes with the backing of the Sudanese Armed Forces. Both government and opposition forces are alleged to have committed atrocities, including against civilians. The United Nations (UN) and humanitarian actors report that during the 2015 offensive, there have been atrocities including those involving rape, the systematic murder of boys over the age of 10 and the elderly, the forced recruitment and kidnapping of children, and the wholesale destruction and burning of villages. The resulting insecurity in northern and central Unity state has forced relief organizations to withdraw staff, and as of mid-June 2015, has left more than 650,000 civilians in need of emergency support without access to humanitarian assistance. The overall situation in South Sudan has continued to deteriorate since the civil conflict began in December 2013, with the security, rule of law and human rights situations remaining deeply compromised. South Sudan has not held elections since becoming independent in July 2011. The peace agreement calls for a transitional government to take office and elections in 2018, although the transitional government is not yet in place. The economic situation in South Sudan further contributes to its inability to protect its citizens from the ongoing conflict. Since fighting began in December 2013, economic activity outside the capital city, which was weak at best before the crisis, has all but stopped. Humanitarian access has been constrained by security incidents against aid staff. Humanitarian workers, both foreign and national, have been targeted and killed, with no reported prosecutions. For the month of March 2015, the UN reported 64 security incidents against humanitarian actors in South Sudan, and both international and South Sudanese non-governmental organizations continue to be targets of crime and violence. Due to ongoing hostilities in Unity state, all non- governmental organizations and UN agencies evacuated staff in May 2015, bringing relief efforts in the area to a halt. Consequently, over 300,000 civilians in need of emergency relief, including food aid and medical services were cut off from life-saving assistance. Violence in Unity state persists in spite of the peace agreement. According to the UN, over half of the country's 12 million people are in need of aid. The ongoing conflict has caused a continuous flow of internally displaced persons and refugees. The UN High Commissioner for Refugees estimates that as of November 2015, approximately 644,000 people have fled South Sudan as a direct result of the ongoing conflict and related food insecurity, in addition to more than 1.6 million South Sudanese who have been internally displaced. These figures are expected to grow even after the signing of the peace agreement. Estimates of the number of people in need of shelter for 2015 include an anticipated 1.95 million internally displaced persons and a projected 293,000 refugees. Based upon this review and after consultation with appropriate Government agencies, the Secretary has determined that: The conditions that prompted the 2014 redesignation of South Sudan for TPS continue to be met. See INA section 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 South Sudan and, due to such conflict, requiring the return of South Sudanese nationals (or aliens having no nationality who last [[Page 4054]] habitually resided in South Sudan) to South Sudan would pose a serious threat to their personal 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 South Sudan that prevent South Sudanese nationals (or aliens having no nationality who last habitually resided in South Sudan) from returning to South Sudan 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 South Sudanese (or aliens having no nationality who last habitually resided in South Sudan) 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 South Sudan for TPS should be extended for an 18-month period from May 3, 2016 through November 2, 2017. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). Based on current country conditions, South Sudan should be simultaneously redesignated for TPS effective May 3, 2016 through November 2, 2017. See INA sections 244(b)(1)(A), (b)(1)(C), and (b)(2); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C), and (b)(2). TPS applicants must demonstrate that they have continuously resided in the United States since January 25, 2016. The date by which TPS applicants must demonstrate that they have been continuously physically present in the United States is May 3, 2016, the effective date of the redesignation of South Sudan for TPS. There are approximately 50 current South Sudan TPS beneficiaries who are expected to file for re-registration under the extension. It is estimated that an additional 25-150 nationals of South Sudan (and persons without nationality who last habitually resided in South Sudan) may be eligible for TPS under the redesignation of South Sudan. This estimate is based on the total number of South Sudanese nationals believed to be in the United States in a nonimmigrant status or without lawful immigration status. Notice of Extension of the TPS Designation of South Sudan 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 TPS for South Sudan in 2014 not only continue to be met, but have significantly deteriorated. See INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am simultaneously extending the existing designation of TPS for South Sudan for 18 months, from May 3, 2016 through November 2, 2017, and redesignating South Sudan for TPS for the same 18-month period. See INA section 244(b)(1)(A), (b)(1)(C), and (b)(2); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C), and (b)(2). I have also determined that eligible individuals must demonstrate that they have continuously resided in the United States since January 25, 2016. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii). Jeh Charles Johnson, Secretary. I am currently a South Sudan TPS beneficiary. What should I do? If you have been granted TPS under South Sudan's designation, then you must re-register under the extension if you wish to maintain TPS benefits through November 2, 2017. You must use the Application for Temporary Protected Status (Form I-821) to re-register for TPS. The 60- day open re-registration period will run from January 25, 2016 through March 25, 2016. I have a pending initial TPS application filed during the South Sudan TPS registration period that ran from September 2, 2014 through March 2, 2015. What should I do? If your TPS application is still pending on January 25, 2016, then you do not need to file a new Application for Temporary Protected Status (Form I-821). Pending TPS applications will be treated as initial applications under this re-designation. Therefore, if your TPS application is approved, you will be granted TPS through November 2, 2017. If you have a pending TPS application and you wish to have an EAD valid through November 2, 2017, please refer to Table 1 to determine whether you should file a new Application for Employment Authorization (Form I-765). Table 1--Form and EAD Information for Pending TPS Applications ------------------------------------------------------------------------ If. . . And. . . Then. . . ------------------------------------------------------------------------ You requested an EAD during You received an EAD You must file a new the previous initial with Category C-19 Application for registration period for or A-12. Employment South Sudan TPS. Authorization (Form I-765) with fee (or fee waiver request) if you wish to have a new EAD valid through November 2, 2017. You did not receive You do not need to an EAD with file a new Category C-19 or A- Application for 12. Employment Authorization (Form I-765). If your TPS application is approved, your Application for Employment Authorization (Form I-765) will be approved through November 2, 2017. You did not request an EAD You wish to have an You must file a new during the previous initial EAD valid through Application for registration period for November 2, 2017. Employment South Sudan TPS. Authorization (Form I-765) with fee (or fee waiver request). You do not wish to You do not need to have an EAD valid file a new through November 2, Application for 2017. Employment Authorization (Form I-765). ------------------------------------------------------------------------ [[Page 4055]] I am not a TPS beneficiary, and I do not have a TPS application pending. What are the procedures for initial registration for TPS under the South Sudan redesignation? If you are not a South Sudan TPS beneficiary or do not have a pending TPS application with USCIS, you may submit your TPS application during the 180-day initial registration period that will run from January 25, 2016 through July 25, 2016. 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 South Sudan, you must submit each of the following applications: 1. Application for Temporary Protected Status (Form I-821). If you are filing an initial application, 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. 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. 2. Application for Employment Authorization (Form I-765). If you are applying for 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. You do not need to pay the Application for Employment Authorization (Form I- 765) fee if you are under the age of 14 or are 66 and older, applying for late initial registration and you want an EAD. If you are applying for re-registration, you must pay the fee for the Application for Employment Authorization (Form I-765), regardless of your age, if you want an EAD. 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 initial registration or re- registration. You must submit both completed application forms together. If you are unable to pay for the application fee and/or biometrics fee, you may complete a Request for Fee Waiver (Form I-912) or submit a personal letter requesting a fee waiver with 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). Biometric Services Fee Biometrics (such as fingerprints) are required for all applicants 14 years and 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 complete a Request for Fee Waiver (Form I-912) or submit a personal letter requesting a fee waiver with 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 an Initial TPS Application After Receiving a Denial of a Fee Waiver Request If you request a fee waiver when filing your initial TPS application package and your request is denied, you may re-file your application packet before the initial filing deadline of July 25, 2016. If you attempt to submit your application with a fee waiver request before that deadline, and receive your application back with the USCIS fee waiver denial, and there are fewer than 45 days before the filing deadline (or the deadline has passed), you may still re-file your application within the 45-day period after the date on the USCIS fee waiver denial notice. You must include the correct fees or file a new fee waiver request. Your application will not be rejected even if the filing deadline has passed, provided it is mailed within those 45 days and all other required information for the application is included. Please be aware that if you re-file your TPS application packet with a new fee waiver request after the deadline and that your new fee waiver request is denied, you cannot refile again. Note: Alternatively, you may pay the TPS application fee and biometrics fee (if you are age 14 or older) but wait to request an EAD and pay the Application for Employment Authorization (Form I-765) application fee after USCIS grants your TPS application, if you are eligible. Re-Filing a Re-Registration TPS Application After Receiving a Denial of a Fee Waiver Request You should re-register as soon as possible within the 60-day period so that USCIS can process your application and issue any EAD promptly. Filing early will also allow you time to re-file your application before the deadline, should USCIS deny your fee waiver request. If, however, you receive a denial of your fee waiver request and you are unable to re-file by the re-registration deadline, you may still re- file your application. This situation will be reviewed to determine whether you have established good cause for late re-registration. However, you are urged to re-file within 45 days of the date on any 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: 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, you 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 your TPS re-registration, if you are 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 South Sudan, Postal Service. P.O. Box 6943, Chicago, IL 60680-6943. You are using a non-U.S. Postal Service USCIS, Attn: TPS South Sudan, delivery service. 131 S. Dearborn Street, 3rd Floor, Chicago, IL 60603-5517. ------------------------------------------------------------------------ [[Page 4056]] If you were granted TPS by an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) and 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 mailing address in Table 1. When submitting a re-registration and/or requesting an EAD based on an IJ/BIA grant of TPS, Please include a copy of the IJ or BIA order granting you TPS with your application. This will aid in the verification of your grant of TPS and processing of your application, as USCIS may not have received records of your grant of TPS by either the IJ or the BIA. E-Filing You cannot electronically file your application when re-registering or submitting an initial registration for South Sudan TPS. Please mail your application to the mailing address listed in Table 1. Supporting Documents What type of basic supporting documentation must I submit with my initial TPS application? To meet the basic eligibility requirements for TPS, you must submit evidence that you: Are a national of South Sudan or an alien having no nationality who last habitually resided in South Sudan. Documents may include a copy of your passport if available, other documentation issued by the Government of South Sudan showing your nationality (such as a national identity card or official travel documentation issued by the Government of South Sudan), and/or your birth certificate with English translation accompanied by photo identification. USCIS will also consider certain forms of secondary evidence supporting your South Sudan nationality. If the evidence presented is insufficient for USCIS to make a determination as to your nationality, USCIS may request additional evidence. If you cannot provide a passport, birth certificate with photo identification, or a national identity document with your photo or fingerprint, you must submit an affidavit showing proof of your unsuccessful efforts to obtain such documents and affirming that you are a national of South Sudan. However, please be aware that an interview with an immigration officer will be required if you do not present any documentary proof of identity or nationality or if USCIS otherwise requests a personal appearance. See 8 CFR 103.2(b)(9), 244.9(a)(1); Have continuously resided in the United States since January 25, 2016. See INA section 244(c)(1)(A)(ii); 8 U.S.C. 1254a(c)(1)(A)(ii); 8 CFR 244.9(a)(2); and Have been continuously physically present in the United States since May 3, 2016, the effective date of the redesignation of South Sudan for TPS. See INA sections 244(b)(2)(A), (c)(1)(A)(i); 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i). You must also submit two color passport-style photographs of yourself. The filing instructions on the Application for Temporary Protected Status (Form I-821) list all the documents needed to establish basic eligibility for TPS. You may also find information on the acceptable documentation and other requirements for applying for TPS on the USCIS Web site at www.uscis.gov/tps under ``South Sudan.'' Do I need to submit additional supporting documentation when filing an initial TPS registration or reregistering for TPS? If one or more of the questions listed in Part 4, Question 2 of the Application for Temporary Protected Status (Form I-821) applies to you, then you must submit an explanation on a separate sheet(s) of paper and/or additional documentation. Employment Authorization Document (EAD) How can I get information on the status of my EAD request? To get case status information about your TPS application, including the status of a request for an EAD, you can check Case Status Online, available at http://www.uscis.gov, or call the USCIS National Customer Service Center at 800-375-5283 (TTY 800-767-1833). If your Application for Employment Authorization (Form I-765) has been pending for more than 90 days, and you still need assistance, you may request an EAD inquiry appointment with USCIS by using the InfoPass system at https://infopass.uscis.gov. However, we strongly encourage you first to check Case Status Online or call the USCIS National Customer Service Center for assistance before making an InfoPass appointment. Am I eligible to receive an automatic 6-month extension of my current EAD through November 2, 2016? Provided that you currently have TPS under the designation of South Sudan, this Notice automatically extends your EAD by 6 months if you: Are a national of South Sudan (or an alien having no nationality who last habitually resided in South Sudan); Received an EAD under the last extension of TPS for South Sudan; and Have an EAD with a marked expiration date of May 2, 2016, bearing the notation ``A-12'' or ``C-19'' on the face of the card under ``Category.'' Although this Notice automatically extends your EAD through November 2, 2016, you must re-register timely for TPS in accordance with the procedures described in this Notice if you would like to maintain your TPS. 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 being hired, you must present proof of identity and employment authorization to your employer. 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.'' You may present an acceptable receipt for List A, List B, or List C documents as described in the Form I-9 Instructions. An acceptable receipt is one that shows an employee has applied to replace a document that was lost, stolen or damaged. If you present this receipt, you must present your employer with the actual document within 90 days. Employers may not reject a document based on a future expiration date. If your EAD has an expiration date of May 2, 2016, and states ``A- 12'' or ``C-19'' under ``Category,'' it has been extended automatically for 6 months by virtue of this Federal Register Notice, and you may choose to present your EAD to your employer as proof of identity and employment authorization for Employment Eligibility Verification (Form I-9) through November 2, 2016 (see the subsection titled ``How do my employer and I complete the Employment Eligibility Verification [[Page 4057]] (Form I-9) using an automatically extended EAD for a new job?'' for further information). To minimize confusion over this extension at the time of hire, you should explain to your employer that USCIS has automatically extended your EAD through November 2, 2016, based on your Temporary Protected Status. You are also strongly encouraged, although not required, to show your employer a copy of this Federal Register Notice confirming the automatic extension of employment authorization through November 2, 2016. As an alternative to presenting your automatically extended EAD, you may choose to present any other acceptable document from List A, or a combination of one selection from List B and one selection from List C. What documentation may I show my employer if I am already employed but my current TPS-related EAD is set to expire? Even though EADs with an expiration date of May 2, 2016, that state ``A-12'' or ``C-19'' under ``Category'' have been automatically extended for 6 months by this Federal Register Notice, your employer will need to ask you about your continued employment authorization once May 2, 2016, is reached to meet its responsibilities for Employment Eligibility Verification (Form I-9). Your employer does not need to complete a new Form I-9 to reverify your employment authorization until November 2, 2016, the expiration date of the automatic extension, but may need to reinspect your automatically extended EAD to check the expiration date and code in order to record the updated expiration date on your Form I-9 if your employer did not keep a copy of this EAD at the time you initially presented it. You and your employer must make corrections to the employment authorization expiration dates in Section 1 and Section 2 of Employment Eligibility Verification (Form I-9) (see the subsection titled ``What corrections should my current employer and I make to Employment Eligibility Verification (Form I-9) if my EAD has been automatically extended?'' for further information). You are also strongly encouraged, although not required, to show this Federal Register Notice to your employer to explain what to do for Employment Eligibility Verification (Form I-9). By November 2, 2016, the expiration date of the automatic extension, your employer must reverify your employment authorization. At that time, you must present any unexpired document from List A or any unexpired document from List C on Employment Eligibility Verification (Form I-9) to reverify employment authorization, or an acceptable List A or List C receipt described in the Form I-9 instructions. Your employer is required to reverify on Employment Eligibility Verification (Form I-9) the employment authorization of current employees upon the automatically extended expiration date of a TPS-related EAD, which is November 2, 2016, in this case. 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. An acceptable receipt is one that shows an employee has applied to replace a document that was lost, stolen or damaged. Can my employer require that I produce any other documentation to prove my current TPS status, such as proof of my South Sudanese citizenship or proof that I have re-registered for TPS? No. When completing Employment Eligibility Verification (Form I-9), including reverifying 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 South Sudanese citizenship or proof of re-registration for TPS 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 that although you are not required to provide your employer with a copy of this Federal Register Notice, you are strongly encouraged to do so to help avoid confusion. What happens after November 2, 2016, for purposes of employment authorization? After November 2, 2016, employers may no longer accept the EADs that this Federal Register Notice automatically extended. Before that time, however, USCIS will work to issue new EADs to eligible TPS re- registrants who request them. These new EADs should have an expiration date of November 2, 2017, and can be presented to your employer for completion of Employment Eligibility Verification (Form I-9). Alternatively, you may choose to present any other legally acceptable document or combination of documents listed on the Employment Eligibility Verification (Form I-9). How do my employer and I complete Employment Eligibility Verification (Form I-9) using an automatically extended EAD for a new job? When using an automatically extended EAD to complete Employment Eligibility Verification (Form I-9) for a new job before November 2, 2016, you and your employer should do the following: 1. For Section 1, you should: a. Check ``An alien authorized to work;'' b. Write the automatically extended EAD expiration date (November 2, 2016) in the first space; and c. Write your alien number (USCIS number or A-number) in the second space (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 record the: a. Document title; b. Issuing authority; c. Document number; and d. Automatically extended EAD expiration date (November 2, 2016). By November 2, 2016, employers must reverify the employee's employment authorization in Section 3 of the Employment Eligibility Verification (Form I-9). What corrections should my current employer and I make to Employment Eligibility Verification (Form I-9) if my EAD has been automatically extended? If you are an existing employee who presented a TPS-related EAD that was valid when you first started your job but that EAD has now been automatically extended, your employer may reinspect your automatically extended EAD if the employer does not have a photocopy of the EAD on file, and you and your [[Page 4058]] employer should correct your previously completed Employment Eligibility Verification (Form I-9) as follows: 1. For Section 1, you should: a. Draw a line through the expiration date in the first space; b. Write ``November 2, 2016'' above the previous date; c. Write ``TPS Ext.'' in the margin of Section 1; and d. 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 ``November 2, 2016'' above the previous date; c. Write ``EAD Ext.'' in the margin of Section 2; and d. Initial and date the correction in the margin of Section 2. By November 2, 2016, when the automatic extension of EADs expires, employers must reverify the employee's employment authorization in Section 3. If I am an employer enrolled in E-Verify, what do I do when I receive a ``Work Authorization Documents Expiration'' alert for an automatically extended EAD? If you are an employer who participates in E-Verify and you have an employee who is a TPS beneficiary who provided a TPS-related EAD when he or she first started working for you, you will receive a ``Work Authorization Documents Expiring'' case alert when this EAD is about to expire. Usually, this message is an alert to complete Section 3 of the Employment Eligibility Verification (Form I-9) to reverify an employee's employment authorization. For existing employees with TPS- related EADs that have been automatically extended, employers should dismiss this alert by clicking the red ``X'' in the ``dismiss alert'' column and follow the instructions above explaining how to correct the Employment Eligibility Verification (Form I-9). By November 2, 2016, employment authorization must be reverified in Section 3. Employers should never 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 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 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, 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, you 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. You may also call the 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 Federal or state government records. Employers may not terminate, suspend, delay training, withhold pay, lower pay, or take any adverse action against you based on your decision to contest a TNC or because your case is still pending with E- Verify. A Final Nonconfirmation (FNC) case result is received when E- Verify cannot verify your 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). If you believe you were discriminated against by an employer in the E-Verify process based on citizenship or immigration status or based on national origin, you 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 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 this Federal Register Notice if your EAD is automatically extended under this Notice; (3) A copy of your Application for Temporary Protected Status Notice of Action (Form I-797) for this re-registration; (4) A copy of your past or current Application for Temporary Protected Status Approval Notice (Form I-797), if you received one from USCIS; and/or (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 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 [[Page 4059]] 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. 2016-01388 Filed 1-22-16; 8:45 am] BILLING CODE 9111-97-P
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Information Hotline at 800–255–7688 corrections, make an appointment, or nationals of South Sudan (or aliens
(TTY 800–237–2515). Additional submit a written request to correct having no nationality who last
information about proper records under the Freedom of habitually resided in South Sudan)
nondiscriminatory Employment Information Act can be found at the either to: (1) Re-register under the
Eligibility Verification (Form I–9) and E- SAVE Web site at http://www.uscis.gov/ extension if they already have TPS and
Verify procedures is available on the save, then by choosing ‘‘How to Correct to apply for renewal of their
OSC Web site at http://www.justice.gov/ Your Records’’ from the menu on the Employment Authorization Documents
crt/about/osc/ and the USCIS Web site right. (EADs) with U.S. Citizenship and
at http://www.dhs.gov/E-verify. [FR Doc. 2016–01387 Filed 1–22–16; 8:45 am] Immigration Services (USCIS); or (2)
submit an initial registration application
Note Regarding Federal, State, and BILLING CODE 9111–97–P
under the redesignation and apply for
Local Government Agencies (Such as an EAD.
Departments of Motor Vehicles) For individuals who have already
DEPARTMENT OF HOMELAND
While Federal Government agencies SECURITY been granted TPS, the 60-day re-
must follow the guidelines laid out by registration period runs from January
the Federal Government, State and local U.S. Citizenship and Immigration 25, 2016 through March 25, 2016.
government agencies establish their own Services USCIS will issue new EADs with a
rules and guidelines when granting November 2, 2017, expiration date to
[CIS No. 2575–15; DHS Docket No. USCIS–
certain benefits. Each State may have 2014–0004] eligible South Sudan TPS beneficiaries
different laws, requirements, and who timely re-register and apply for
determinations about what documents RIN 1615–ZB46 EADs under this extension. Given the
you need to provide to prove eligibility timeframes involved with processing
for certain benefits. Whether you are Extension and Redesignation of South TPS re-registration applications, DHS
applying for a Federal, State, or local Sudan for Temporary Protected Status recognizes that not all re-registrants will
government benefit, you may need to AGENCY: U.S. Citizenship and receive new EADs before their current
provide the government agency with Immigration Services, Department of EADs expire on May 2, 2016.
documents that show you are a TPS Homeland Security. Accordingly, through this Notice, DHS
beneficiary and/or show you are ACTION: Notice. automatically extends the validity of
authorized to work based on TPS. EADs issued under the TPS designation
Examples are: SUMMARY: Through this Notice, the of South Sudan for 6 months, through
(1) Your unexpired EAD; Department of Homeland Security November 2, 2016, and explains how
(2) A copy of this Federal Register (DHS) announces that the Secretary of TPS beneficiaries and their employers
Notice if your EAD is automatically Homeland Security (Secretary) is may determine which EADs are
extended under this Notice; extending the designation of South automatically extended and their impact
(3) A copy of your Application for Sudan for Temporary Protected Status on Employment Eligibility Verification
Temporary Protected Status Notice of (TPS) for 18 months, from May 3, 2016 (Form I–9) and the E-Verify processes.
Action (Form I–797) for this re- through November 2, 2017, and Under the redesignation, individuals
registration; redesignating South Sudan for TPS for who currently do not have TPS (or an
(4) A copy of your past or current 18 months, effective May 3, 2016 initial TPS application pending) may
Application for Temporary Protected through November 2, 2017. submit an initial application during the
Status Approval Notice (Form I–797), if The extension allows currently 180-day initial registration period that
you received one from USCIS; and/or eligible TPS beneficiaries to retain TPS runs from January 25, 2016 through July
(5) If there is an automatic extension through November 2, 2017, so long as 25, 2016. In addition to demonstrating
of work authorization, a copy of the fact they otherwise continue to meet the continuous residence in the United
sheet from the USCIS TPS Web site that eligibility requirements for TPS. The States since January 25, 2016 and
provides information on the automatic redesignation of South Sudan allows meeting other eligibility criteria, initial
extension. additional individuals who have been applicants for TPS under this
Check with the government agency continuously residing in the United redesignation must demonstrate that
regarding which document(s) the agency States since January 25, 2016 to obtain they have been continuously physically
will accept. You may also provide the TPS, if otherwise eligible. The Secretary present in the United States since May
agency with a copy of this Federal determined that an extension of the 3, 2016, the effective date of this
Register Notice. current designation and a redesignation redesignation of South Sudan, before
Some benefit-granting agencies use of South Sudan for TPS are warranted USCIS may grant them TPS.
the USCIS Systematic Alien Verification because the ongoing armed conflict and TPS initial applications that were
for Entitlements Program (SAVE) to extraordinary and temporary conditions filed under South Sudan’s 2011
verify the current immigration status of that prompted the 2014 TPS designation or the 2013 or 2014
applicants for public benefits. If such an redesignation have persisted, and in redesignations and remain pending on
agency has denied your application some cases deteriorated, and would January 25, 2016 will be treated as
based solely or in part on a SAVE pose a serious threat to the personal initial applications under this
response, the agency must offer you the safety of South Sudanese nationals if redesignation. Individuals who have a
opportunity to appeal the decision in they were required to return to their pending initial South Sudan TPS
asabaliauskas on DSK5VPTVN1PROD with NOTICES
accordance with the agency’s country. Although the parties to the application will not need to file a new
procedures. If the agency has received conflict signed a peace agreement in Application for Temporary Protected
and acted upon or will act upon a SAVE August 2015, violence persists in many Status (Form I–821). DHS provides
verification and you do not believe the parts of the country, and the additional instructions in this Notice for
response is correct, you may make an implementation of the peace agreement individuals whose TPS applications
InfoPass appointment for an in-person is halting to date. remain pending and who would like to
interview at a local USCIS office. Through this Notice, DHS also sets obtain an EAD valid through November
Detailed information on how to make forth procedures necessary for eligible 2, 2017.
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Protected Status, 78 FR 1872 (Jan. 9, September 2, 2014 and January 25, not held elections since becoming
2013); Extension and Redesignation of 2016. independent in July 2011. The peace
Haiti for Temporary Protected Status, 76 South Sudan is in the midst of a crisis agreement calls for a transitional
FR 29000 (May 19, 2011); Extension of involving a cycle of ethnic violence, government to take office and elections
Designation and Redesignation of allegations of atrocities and a in 2018, although the transitional
Liberia Under Temporary Protected humanitarian disaster of devastating government is not yet in place. The
Status Program, 62 FR 16608 (Apr. 7, scale. The armed conflict between the economic situation in South Sudan
1997) (discussing legal authority for Government of South Sudan and further contributes to its inability to
redesignation of a country for TPS). opposition groups, which has affected a protect its citizens from the ongoing
When the Secretary designates or significant portion of the country, has conflict. Since fighting began in
redesignates a country for TPS, he also been defined by ethnic lines and has December 2013, economic activity
has the discretion to establish the date been marked by brutal violence against outside the capital city, which was weak
from which TPS applicants must civilians. Despite a peace agreement at best before the crisis, has all but
demonstrate that they have been signed in August 2015, the security stopped.
‘‘continuously resid[ing]’’ in the United situation remains uncertain and Humanitarian access has been
States. See INA section 244(c)(1)(A)(ii), violence persists in many areas. The constrained by security incidents
8 U.S.C. 1254a(c)(1)(A)(ii). This humanitarian situation continues to against aid staff. Humanitarian workers,
discretion permits the Secretary to tailor deteriorate, resulting in widespread both foreign and national, have been
the ‘‘continuous residence’’’ date to displacement due to the violence; high targeted and killed, with no reported
offer TPS to the group of eligible rates of death, disease, and injuries; prosecutions. For the month of March
individuals that the Secretary deems severe food insecurity with a major 2015, the UN reported 64 security
appropriate. malnutrition crisis; and disrupted incidents against humanitarian actors in
The Secretary has determined that the livelihoods. South Sudan, and both international
‘‘continuous residence’’ date for Longstanding political tensions and South Sudanese non-governmental
applicants for TPS under the between President Salva Kiir Mayardit, organizations continue to be targets of
redesignation of South Sudan shall be an ethnic Dinka, and former vice crime and violence. Due to ongoing
January 25, 2016. Initial applicants for president, Riek Machar Teny, an ethnic hostilities in Unity state, all non-
TPS under this redesignation must also Nuer, sparked an outbreak of violence in governmental organizations and UN
show they have been ‘‘continuously Juba in December 2013. This outbreak of agencies evacuated staff in May 2015,
physically present’’ in the United States violence in Juba led to fighting between bringing relief efforts in the area to a
since May 3, 2016, which is the effective Nuer and Dinka elements within the halt. Consequently, over 300,000
date of the Secretary’s redesignation of regular Sudan People’s Liberation civilians in need of emergency relief,
South Sudan. See INA section Army. Since December 2013, thousands including food aid and medical services
244(c)(1)(A)(i), 8 U.S.C. of people have been killed, as fighting were cut off from life-saving assistance.
1254a(c)(1)(A)(i). For each initial TPS broadened and continued along ethnic Violence in Unity state persists in spite
application filed under the lines. The violence has flared up again of the peace agreement.
redesignation, the final determination of toward the end of April and into May According to the UN, over half of the
whether the applicant has met the 2015, and in September following the country’s 12 million people are in need
‘‘continuous physical presence’’ signing of the peace agreement. of aid. The ongoing conflict has caused
requirement cannot be made until May South Sudan also remains embroiled a continuous flow of internally
3, 2016. USCIS, however, will issue in conflict along its border with Sudan. displaced persons and refugees. The UN
EADs, as appropriate, during the In 2015, Misseriya militias continued to High Commissioner for Refugees
registration period in accordance with 8 attack Abyei, a disputed border area, estimates that as of November 2015,
CFR 244.5(b). sometimes with the backing of the approximately 644,000 people have fled
Sudanese Armed Forces. South Sudan as a direct result of the
Why is the Secretary extending the TPS Both government and opposition ongoing conflict and related food
designation for South Sudan and forces are alleged to have committed insecurity, in addition to more than 1.6
simultaneously redesignating South atrocities, including against civilians.
Sudan for TPS through November 2, million South Sudanese who have been
The United Nations (UN) and internally displaced. These figures are
2017? humanitarian actors report that during expected to grow even after the signing
DHS and the Department of State the 2015 offensive, there have been of the peace agreement. Estimates of the
(DOS) have reviewed conditions in atrocities including those involving number of people in need of shelter for
South Sudan. Based on the reviews and rape, the systematic murder of boys over 2015 include an anticipated 1.95
after consulting with DOS, the Secretary the age of 10 and the elderly, the forced million internally displaced persons
has determined that an 18-month recruitment and kidnapping of children, and a projected 293,000 refugees.
extension and redesignation is and the wholesale destruction and Based upon this review and after
warranted because the ongoing armed burning of villages. The resulting consultation with appropriate
conflict and extraordinary and insecurity in northern and central Unity Government agencies, the Secretary has
temporary conditions that prompted the state has forced relief organizations to determined that:
September 2, 2014 redesignation have withdraw staff, and as of mid-June 2015, • The conditions that prompted the
persisted, and in some cases has left more than 650,000 civilians in 2014 redesignation of South Sudan for
asabaliauskas on DSK5VPTVN1PROD with NOTICES
deteriorated. In spite of a peace deal need of emergency support without TPS continue to be met. See INA section
signed in August 2015, violence persists access to humanitarian assistance. 244(b)(3)(A) and (C), 8 U.S.C.
in many parts of South Sudan, and the The overall situation in South Sudan 1254a(b)(3)(A) and (C).
peace agreement itself remains fragile. has continued to deteriorate since the • There continues to be an ongoing
The current conditions support the civil conflict began in December 2013, armed conflict in South Sudan and, due
expansion of TPS protection to eligible with the security, rule of law and to such conflict, requiring the return of
South Sudanese nationals who began human rights situations remaining South Sudanese nationals (or aliens
residing in the United States between deeply compromised. South Sudan has having no nationality who last
VerDate Sep<11>2014 13:09 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\25JAN1.SGM 25JAN1](https://thefederalregister.org/doc/81_FR_4066/page/3.svg)
![Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Notices 4059
based solely or in part on a SAVE access these numbers through TTY by Dated: January 15, 2016.
response, the agency must offer you the call the Federal Relay Service as 800– Lourdes Castro Ramı́rez,
opportunity to appeal the decision in 877–8339 (this is a toll-free number). Principal Deputy Assistant Secretary, Office
accordance with the agency’s SUPPLEMENTARY INFORMATION: of Public and Indian Housing.
procedures. If the agency has received The comprehensive document titled [FR Doc. 2016–01374 Filed 1–22–16; 8:45 am]
and acted upon or will act upon a SAVE ‘‘Opening Doors: Federal Strategic Plan BILLING CODE 4210–67–P
verification and you do not believe the to Prevent and End Homelessness’’ sets
response is correct, you may make an the goal of ending homelessness for
InfoPass appointment for an in-person youth (along with families and children) DEPARTMENT OF HOUSING AND
interview at a local USCIS office. by the year 2020. FUP is a vital tool in URBAN DEVELOPMENT
Detailed information on how to make achieving this goal. [Docket No. FR–5913–N–01]
corrections, make an appointment, or
submit a written request to correct In a HUD study of the FUP program,
a major barrier to greater youth 60-Day Notice of Proposed Information
records under the Freedom of Collection: Home Equity Conversion
Information Act can be found at the participation was the time limit on the
rental subsidy.1 PHAs and public child Mortgage Client Session Evaluation
SAVE Web site at http://www.uscis.gov/
save, then by choosing ‘‘How to Correct welfare agencies (PCWAs) suggested the AGENCY: Office of the Assistant
Your Records’’ from the menu on the 18-month time limit is too short, noting Secretary for Housing—Federal Housing
right. that landlords generally prefer annual Commissioner, HUD.
[FR Doc. 2016–01388 Filed 1–22–16; 8:45 am] leases with full 12-month renewals. The ACTION: Notice.
BILLING CODE 9111–97–P
limited time causes high turnover rates
demanding greater staff resources and SUMMARY: HUD is seeking approval from
creating greater administrative costs. the Office of Management and Budget
The 18-month restriction does not align (OMB) for the information collection
DEPARTMENT OF HOUSING AND
with a standard academic term for youth described below. In accordance with the
URBAN DEVELOPMENT
enrolled in an education program. Paperwork Reduction Act, HUD is
[Docket No. FR–5922–N–01] Finally, youth simply need more time to requesting comment from all interested
become self-sufficient and transition to parties on the proposed collection of
Alternative Requirements for the independent living. information. The purpose of this notice
Family Unification Program (FUP) Implementation of this demonstration is to allow for 60 days of public
AGENCY: Office of the Assistant requires will be through a notice issued comment.
Secretary for Public and Indian by the Office of Public and Indian DATES: Comments Due Date: March 25,
Housing, HUD. Housing. Participation in the 2016.
ACTION: Notice.
demonstration requires adherence to the ADDRESSES: Interested persons are
requirements outlined in a Public and invited to submit comments regarding
SUMMARY: The Consolidated and Further Indian Housing notice issued in this proposal. Comments should refer to
Continuing Appropriations Act of 2015, supplement to this Federal Register the proposal by name and/or OMB
authorizes the Secretary to carry out a notice and available at http:// Control Number and should be sent to:
demonstration testing the effectiveness portal.hud.gov/hudportal/documents/ Colette Pollard, Reports Management
of combining vouchers for homeless huddoc?id=16-01pihn.pdf. Officer, QDAM, Department of Housing
youth under Family Unification Applicable Alternative Requirements and Urban Development, 451 7th Street
Program authorized under section 8(x) SW., Room 4176, Washington, DC
of the United States Housing Act of To facilitate the operation of a FUP 20410–5000; telephone 202–402–3400
1937 (‘‘the Act’’) with assistance under demonstration, the Consolidated and (this is not a toll-free number) or email
the Family Self-Sufficiency (FSS) Further Continuing Appropriations Act at Colette.Pollard@hud.gov for a copy of
program authorized under section 23 of of 2015, authorizes the Secretary by the proposed forms or other available
the Act. The Secretary was authorized to Federal Register notice to establish information. Persons with hearing or
establish alternative requirements to alternative requirements to those speech impairments may access this
those contained in section 8(x) of the contained in Section 8(x) of the 1937 number through TTY by calling the toll-
Act to facilitate the demonstration. This Act. Under this authority, the Secretary free Federal Relay Service at (800) 877–
notice provides an alternative hereby authorizes the following 8339.
requirement to facilitate the operation of alternative requirement, which has the
FOR FURTHER INFORMATION CONTACT:
this demonstration. Specifically, this effect of modifying the FUP statute.
Brian Siebentist, Office of Policy and
notice extends the 18-month time limit Waiver allowing the extension of the Grant Management, Office of Housing
to match the length of the FSS contract, 18-month time limit for FUP assistance Counseling, at Department of Housing
typically five years. Implementation of to match the length of the FSS contract and Urban Development, 451 7th Street
this demonstration will be through a for youth participating in the SW., Washington, DC 20410. This is not
notice issued by the Office of Public and demonstration. a toll-free number. Persons with hearing
Indian Housing. Participation in the demonstration or speech impairments may access this
DATES: Effective date: January 25, 2016. requires adherence to the requirements number through TTY by calling the toll-
asabaliauskas on DSK5VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT: outlined in a Public and Indian Housing free Federal Relay Service at (800) 877–
Ryan Jones, Office of Public Housing notice issued in supplement to this 8339.
and Voucher Programs, Office of Federal Register notice. Copies of available documents
Housing and Urban Development, 451 submitted to OMB may be obtained
7th Street SW., Washington, DC 20410– 1 The Family Unification Program: A Housing
from Ms. Pollard.
Resources for Youth Aging Our of Foster Care,
7000; telephone number 202–402–2677 published May 2014. This study is available at
SUPPLEMENTARY INFORMATION: This
(this is not a toll-free number). Hearing http://www.huduser.gov/portal/youth_foster_ notice informs the public that HUD is
and speech-impaired persons may care.html. seeking approval from OMB for the
VerDate Sep<11>2014 13:09 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\25JAN1.SGM 25JAN1](https://thefederalregister.org/doc/81_FR_4066/page/9.svg)
Document Created: 2018-02-02 12:35:22
Document Modified: 2018-02-02 12:35:22
| 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 | Extension of Designation of South Sudan for TPS: The 18-month extension of the TPS designation of South Sudan is effective May 3, 2016, and will remain in effect through November 2, 2017. The 60-day re-registration period runs from January 25, 2016 through March 25, 2016. (Note: It is important for re-registrants to timely re-register during this 60-day period and not to wait until their EADs expire.) | |
| Contact | <bullet> 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. | |
| FR Citation | 81 FR 4051 | |
| RIN Number | 1615-ZB46 |
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