83 FR 43695 - Extension of the Designation of Somalia for Temporary Protected Status

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

Federal Register Volume 83, Issue 166 (August 27, 2018)

Page Range		43695-43700
FR Document		2018-18444

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, 2018, through March 17, 2020. The extension allows currently eligible TPS beneficiaries to retain TPS through March 17, 2020, so long as they otherwise continue to meet the eligibility requirements for TPS. This Notice 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 Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS). USCIS will issue new EADs with a March 17, 2020 expiration date to eligible Somalia TPS beneficiaries who timely re- register and apply for EADs under this extension.

Federal Register, Volume 83 Issue 166 (Monday, August 27, 2018)

[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43695-43700]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-18444]

[[Page 43695]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2626-18; DHS Docket No. USCIS-2013-0006]
RIN 1615-ZB77

Extension of the Designation of Somalia for Temporary Protected
Status

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

ACTION: Notice.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Somalia for Temporary Protected Status
(TPS) for 18 months, from September 18, 2018, through March 17, 2020.
The extension allows currently eligible TPS beneficiaries to retain TPS
through March 17, 2020, so long as they otherwise continue to meet the
eligibility requirements for TPS.
This Notice 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 Employment
Authorization Documents (EADs) with U.S. Citizenship and Immigration
Services (USCIS). USCIS will issue new EADs with a March 17, 2020
expiration date to eligible Somalia TPS beneficiaries who timely re-
register and apply for EADs under this extension.

DATES: Extension of Designation of Somalia for TPS: The 18-month
extension of the TPS designation of Somalia is effective September 18,
2018, and will remain in effect through March 17, 2020. The 60-day re-
registration period runs from August 27, 2018 through October 26, 2018.
(Note: It is important for re-registrants to timely re-register during
this 60-day period and not to wait until their EADs expire.)

FOR FURTHER INFORMATION CONTACT: You may contact Samantha
Deshommes, Branch Chief, Regulatory Coordination Division, Office of
Policy and Strategy, U.S. Citizenship and Immigration Services, U.S.
Department of Homeland Security, 20 Massachusetts Avenue NW,
Washington, DC 20529-2060; or by phone at 800-375-5283.
For further information on TPS, including guidance on the
re-registration 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 ``Somalia'' from the menu on the left side of
the TPS web page.
If you have additional questions about Temporary Protected
Status, please visit uscis.gov/tools. Our online virtual assistant,
Emma, can answer many of your questions and point you to additional
information on our website. If you are unable to find your answers
there, you may also call our USCIS Contact Center at 800-375-5283.
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at http://www.uscis.gov, or call the USCIS Contact 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
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
FR--Federal Register
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

Through this Notice, DHS sets forth procedures necessary for
eligible 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 EADs with USCIS. Re-registration is limited to persons
who have previously registered for TPS under the designation of Somalia
and whose applications have been granted.
For individuals who have already been granted TPS under Somalia's
designation, the 60-day re-registration period runs from August 27,
2018 through October 26, 2018. USCIS will issue new EADs with a March
17, 2020 expiration date to eligible Somali TPS beneficiaries who
timely re-register and apply for EADs. 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 September 17, 2018. Accordingly, through this Federal
Register notice, DHS automatically extends the validity of EADs issued
under the TPS designation of Somalia for 180 days, through March 16,
2019. Additionally, individuals who have EADs with an expiration date
of March 17, 2017, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also
covered by this automatic extension. These individuals may show their
EAD indicating a March 17, 2017, expiration date and their EAD
application receipt (Notice of Action, Form I-797C) that notes the
application was received on or after January 17, 2017, to employers as
proof of continued employment authorization through March 16, 2019.
This Notice explains how TPS beneficiaries and their employers may
determine which EADs are automatically extended and how this affects
the Form I-9, Employment Eligibility Verification, and E-Verify
processes.
Individuals who have a Somalia TPS Form I-821 and/or Form I-765
that was still pending as of August 27, 2018 do not need to file either
application again. If the TPS application is approved, the individual
will be granted TPS through March 17, 2020. Similarly, if a pending
TPS-related application for an EAD is approved, it will be valid
through the same date. There are approximately 500 current
beneficiaries under Somalia's TPS designation.

What is Temporary Protected Status (TPS)?

TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the 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 obtain EADs so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion.
The granting of TPS does not result in or lead to lawful
permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).

[[Page 43696]]

When the Secretary terminates a country's TPS designation,
beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
been terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.

When was Somalia designated for TPS?

Somalia was initially designated on September 16, 1991, on the
basis of extraordinary and temporary conditions in Somalia that
prevented nationals of Somalia from safely returning. See Designation
of Nationals of Somalia for Temporary Protected Status, 56 FR 46804
(Sept. 16, 1991). Somalia's designation for TPS has been consecutively
extended since its initial designation in 1991. Additionally, Somalia
was newly designated for TPS in 2001, again based on extraordinary and
temporary conditions. See Extension and Redesignation of Somalia under
Temporary Protected Status Program, 66 FR 46288 (Sept. 4, 2001). In
2012, Somalia was again newly designated for TPS on the basis of
extraordinary and temporary conditions and under the additional basis
of ongoing armed conflict. See Extension and Redesignation of Somalia
for Temporary Protected Status, 77 FR 25723 (May 1, 2012). Somalia's
2012 TPS designation was subsequently extended in 2013, 2015, and, most
recently, January 2017. See Extension of the Designation of Somalia for
Temporary Protected Status, 82 FR 4905 (Jan. 17, 2017).

What authority does the Secretary 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 (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).
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\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).
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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 the
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 does not
determine that the foreign state no longer meets the conditions for TPS
designation, the designation will be extended for an additional period
of 6 months or, in the Secretary's discretion, 12 or 18 months. See INA
section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the
Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation. See INA 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, 2020?

DHS has reviewed conditions in Somalia. Based on the review,
including input received from other U.S. Government agencies, the
Secretary has determined that an 18-month extension is warranted
because the ongoing armed conflict and extraordinary and temporary
conditions supporting Somalia's TPS designation persist.
Somalia's security situation remains fragile and volatile, with
ongoing armed conflict among government forces, clan militias, African
Union Mission in Somalia (AMISOM) troops, and al-Shabaab. Somalia
continues to experience one of the largest humanitarian crises in the
world. An estimated 5.4 million Somalis (out of a total population of
approximately 12.3 million) are in need of assistance. Although more
than 118,000 refugees have returned to Somalia since 2014, new conflict
patterns, drought, and flooding have driven over 819,000 people to flee
to neighboring countries as of May 31, 2018.
Civilians continue to be threatened by violence in Somalia. From
January 2016-October 2017, at least 2,078 civilians were killed by
armed groups. Al-Shabaab continues to wage an armed insurgency against
the Federal Government of Somalia (FGS). The group has reasserted its
territorial reach across substantial territory in southern Somalia from
which it continues to launch coordinated mass attacks on Somali and
AMISOM military bases. Somalia's Puntland region is home to a splinter
group of Al-Shabaab that has sworn allegiance to the self-described
Islamic State (IS). This group has carried out a number of suicide
bombings, assassinations, and small arms attacks in Puntland in the
past year.
Parts of Somalia remained trapped in unresolved inter-clan
conflicts. Clan and government-aligned militias continue to carry out
extrajudicial killings, extortion, arbitrary arrests, and rape of
civilians. Clan tensions are typically exacerbated in times of drought
when massive numbers of people and livestock move across traditional
clan ``boundaries'' in search of water and pasture. In particular, a
series of clashes in north-central Somalia in the last two years has
triggered the displacement of 75,000 to 100,000 civilians.
Over 2.1 million Somalis are internally displaced--nearly double
from the 2012 TPS designation. Forced evictions increased in 2017, with
over 200,000 reported evictions, according to the United Nations.
Forced evictions continue in 2018, undermining humanitarian efforts to
assist Somalia's internally displaced populations.
Decades of insecurity have devastated Somalia's physical
infrastructure. Humanitarian agencies cite the need for the
rehabilitation of crucial infrastructure, including airstrips, roads,
and ports.
Somalia has experienced some recent economic gains, with gross
domestic product (GDP) slightly improving each of the past three years.
Despite modest improvements, Somalia is among the poorest countries in
the world.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary has determined that:
The conditions supporting Somalia's designation 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 Somalia
and, due to such conflict, requiring the return of Somali nationals (or
aliens having no nationality who last habitually resided in Somalia) to
Somalia 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 Somalia that prevent Somali nationals (or aliens having
no nationality who last habitually resided in Somalia) from returning
to Somalia in safety, and it is not contrary to the national interest
of the United States to permit Somali TPS

[[Page 43697]]

beneficiaries 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 18-month period, from September 18, 2018 through March 17, 2020. See
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

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, the conditions supporting Somalia's
designation for TPS 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 existing designation of TPS for Somalia for 18 months,
from September 18, 2018, through March 17, 2020. See INA section
244(b)(1)(A), (b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C).

Kirstjen M. Nielsen,
Secretary.

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

To re-register for TPS based on the designation of Somalia, you
must submit an Application for Temporary Protected Status (Form I-821).
You do not need to pay the filing fee for the Form I-821. See 8 CFR
244.17. You may be required to pay the biometric services fee. Please
see additional information under the ``Biometric Services Fee'' section
of this Notice.
Through operation of this Federal Register notice, your existing
EAD issued under the TPS designation of Somalia with the expiration
date of September 17, 2018, is automatically extended for 180 days,
through March 16, 2019. However, if you want to obtain a new EAD valid
through March 17, 2020, you must file an Application for Employment
Authorization (Form I-765) and pay the Form I-765 fee (or request a fee
waiver). If you do not want a new EAD, you do not have to file Form I-
765 or pay the Form I-765 fee. If you do not want to request a new EAD
now, you may also file Form I-765 at a later date and pay the fee (or
request a fee waiver), provided that you still have TPS or a pending
TPS application.
Additionally, individuals who have EADs with an expiration date of
March 17, 2017, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also
covered by this automatic extension through March 16, 2019. You do not
need to apply for a new EAD in order to benefit from this 180-day
automatic extension. If you have a Form I-821 and/or Form I-765 that
was still pending as of August 27, 2018, then you do not need to file
either application again. If your pending TPS application is approved,
you will be granted TPS through March 17, 2020. Similarly, if you have
a pending TPS-related application for an EAD that is approved, it will
be valid through the same date.
You may file the application for a new EAD either prior to or after
your current EAD has expired. However, you are strongly encouraged to
file your application for a new EAD as early as possible to avoid gaps
in the validity of your employment authorization documentation and to
ensure that you receive your new EAD by March 16, 2019.
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 Form I-821, the 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 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 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 website at http://www.uscis.gov. If necessary,
you may be required to visit an Application Support Center to have your
biometrics captured. For additional information on the USCIS biometrics
screening process, please see the USCIS Customer Profile Management
Service Privacy Impact Assessment, available at www.dhs.gov/privacy.

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

You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any
EAD promptly. Properly filing early will also allow you to have time to
refile your application before the deadline, should USCIS deny your fee
waiver request. If, however, you receive a denial of your fee waiver
request and are unable to refile by the re-registration deadline, you
may still refile your Form I-821 with the biometrics fee. This
situation will be reviewed to determine whether you established good
cause for late TPS re-registration. However, you are urged to refile
within 45 days of the date on any USCIS fee waiver denial notice, if
possible. See INA section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR
244.17(b). For more information on good cause for late re-registration,
visit the USCIS TPS web page at http://www.uscis.gov/tps. Following
denial of your fee waiver request, you may also refile your Form I-765
with fee either with your Form I-821 or at a later time, if you choose.
Note: Although re-registering TPS beneficiaries age 14 and older
must pay the biometric services fee (but not the Form I-821 fee) when
filing a TPS re-registration application, you may decide to wait to
request an EAD. Therefore, you do not have to file the Form I-765 or
pay the associated Form I-765 fee (or request a fee waiver) at the time
of re-registration, and could wait to seek an EAD until after USCIS has
approved your TPS re-registration application. If you choose to do
this, to re-register for TPS you would only need to file the Form I-821
with the biometrics services fee, if applicable, (or request a fee
waiver).

Mailing Information

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

Table 1--Mailing Addresses
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If you would like to send your application Then, mail your application
by: to:
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U.S. Postal Service....................... U.S. Citizenship and
Immigration Services, Attn:
TPS Somalia, P.O. Box 6943,
Chicago, IL 60680-6943.
A non-U.S. Postal Service courier......... U.S. Citizenship and
Immigration Services, Attn:
TPS Somalia, 131 S.
Dearborn Street, 3rd Floor,
Chicago, IL 60603-5517.
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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 mailing address in
Table 1. When re-registering and 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.

[[Page 43698]]

This will help us to verify your grant of TPS and process your
application.

Supporting Documents

The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying or
registering for TPS on the USCIS website at www.uscis.gov/tps under
``Somalia.''

Employment Authorization Document (EAD)

How can I obtain information on the status of my EAD request?

To get case status information about your TPS application,
including the status of an EAD request, you can check Case Status
Online at http://www.uscis.gov, or call the USCIS National Contact
Center at 800-375-5283 (TTY 800-767-1833). If your 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
Contact Center for assistance before making an InfoPass appointment.

Am I eligible to receive an automatic 180-day extension of my current
EAD through March 16, 2019, using this Federal Register notice?

Yes. Provided that you currently have a Somalia TPS-based EAD, this
Federal Register notice automatically extends your EAD through March
16, 2019, if you:
Are a national of Somalia (or an alien having no
nationality who last habitually resided in Somalia); and either
Have an EAD with a marked expiration date of September 17,
2018, bearing the notation A-12 or C-19 on the face of the card under
Category, or
Have an EAD with a marked expiration date of March 17,
2017, bearing the notation A-12 or C-19 on the face of the card under
Category and you applied for a new EAD during the last re-registration
period but have not yet received a new EAD.
Although this Federal Register notice automatically extends your
EAD through March 16, 2019, you must re-register timely for TPS in
accordance with the procedures described in this Federal Register
notice if you would like to maintain your TPS.

When hired, what documentation may I show to my employer as evidence 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 Form I-9. Employers must complete Form I-
9 to verify the identity and employment authorization of all new
employees. Within three days of hire, employees must present acceptable
documents to their employers as evidence of identity and employment
authorization to satisfy Form I-9 requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization), or one document from
List B (which provides evidence of your identity) together with one
document from List C (which is evidence of employment authorization),
or you may present an acceptable receipt for List A, List B, or List C
documents as described in the Form I-9 Instructions. Employers may not
reject a document based on a future expiration date. You can find
additional detailed information about Form I-9 on USCIS' I-9 Central
web page at http://www.uscis.gov/I-9Central.
An EAD is an acceptable document under List A. If your EAD has an
expiration date of September 17, 2018, or March 17, 2017 (and you
applied for a new EAD during the last re-registration period but have
not yet received a new EAD), and states A-12 or C-19 under Category, it
has been extended automatically by virtue of this Federal Register
notice and you may choose to present this Notice along with your EAD to
your employer as proof of identity and employment eligibility for Form
I-9 through March 16, 2019, unless your TPS has been withdrawn or your
request for TPS has been denied. If you have an EAD with a marked
expiration date of September 17, 2018, that states A-12 or C-19 under
Category, and you properly filed for a new EAD in accordance with this
Notice, you will also receive Form I-797C, Notice of Action that will
state your EAD is automatically extended for 180 days. You may choose
to present your EAD to your employer together with this Form I-797C as
a List A document that provides evidence of your identity and
employment authorization for Form I-9 through March 16, 2019, unless
your TPS has been withdrawn or your request for TPS has been denied.
See the subsection titled, ``How do my employer and I complete the
Employment Eligibility Verification (Form I-9) using an automatically
extended EAD for a new job?'' for further information.
To reduce confusion over this extension at the time of hire, you
should explain to your employer that your EAD has been automatically
extended through March 16, 2019. You may also provide your employer
with a copy of this Federal Register notice, which explains that your
EAD has been automatically extended. As an alternative to presenting
evidence of your automatically extended EAD, you may choose to present
any other acceptable document from List A, a combination of one
selection from List B and one selection from List C, or a valid
receipt.

What documentation may I present to my employer for Employment
Eligibility Verification (Form I-9) if I am already employed but my
current TPS-related EAD is set to expire?

Even though your EAD has been automatically extended, your employer
is required by law to ask you about your continued employment
authorization no later than before you start work on September 18,
2018. You will need to present your employer with evidence that you are
still authorized to work. Once presented, you may correct your
employment authorization expiration date in Section 1 and your employer
should correct the EAD expiration date in Section 2 of 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
employment authorization has been automatically extended?'' for further
information. You may show this Federal Register notice to your employer
to explain what to do for Form I-9 and to show that your EAD has been
automatically extended through March 16, 2019. Your employer may need
to re-inspect your automatically extended EAD to check the expiration
date and Category code if your employer did not keep a copy of this EAD
when you initially presented it. In addition, if you have an EAD with a
marked expiration date of September 17, 2018 that states A-12 or C-19
under Category, and you properly filed your Form I-765 to obtain a new
EAD, you will receive a Form I-797C, Notice of Action. Form I-797C will
state that your EAD is automatically extended for 180 days. You may
present Form I-797C to your employer along with your EAD to confirm
that the validity of your EAD has been automatically extended through
March 16, 2019, unless your TPS has been withdrawn or your request for
TPS has been denied. To reduce the possibility of gaps in your

[[Page 43699]]

employment authorization documentation, you should file your Form I-765
to request a new EAD as early as possible during the re-registration
period.
The last day of the automatic EAD extension is March 16, 2019.
Before you start work on March 17, 2019, your employer must reverify
your employment authorization. At that time, you must present any
document from List A or any document from List C on Form I-9 Lists of
Acceptable Documents, or an acceptable List A or List C receipt
described in the Form I-9 Instructions to reverify employment
authorization.
By March 17, 2019, your employer must complete Section 3 of the
current version of the form, Form I-9 07/17/17 N, and attach it to the
previously completed Form I-9, if your original Form I-9 was a previous
version. Your employer can check the USCIS' I-9 Central web page at
http://www.uscis.gov/I-9Central for the most current version of Form I-
9.
Note that your employer may not specify which List A or List C
document you must present and cannot reject an acceptable receipt.

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

No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 ``Lists of Acceptable Documents'' that reasonably appears
to be genuine and that relates to you, or an acceptable List A, List B,
or List C receipt. Employers need not reverify List B identity
documents. Employers may not request documentation that does not appear
on the ``Lists of Acceptable Documents.'' Therefore, employers may not
request proof of Somali citizenship or proof of re-registration for TPS
when completing Form I-9 for new hires or reverifying the employment
authorization of current employees. If presented with EADs that have
been automatically extended, employers should accept such documents as
a valid List A document so long as the EAD reasonably appears to be
genuine and relates to the employee. Refer to the Note to Employees
section of this Federal Register notice for important information about
your rights if your employer rejects lawful documentation, requires
additional documentation, or otherwise discriminates against you based
on your citizenship or immigration status, or your national origin.

How do my employer and I complete Employment Eligibility Verification
(Form I-9) using my automatically extended employment authorization for
a new job?

When using an automatically extended EAD to complete Form I-9 for a
new job before March 17, 2019, you and your employer should do the
following:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter March 16,
2019 as the ``expiration date''; and
b. Enter your Alien Number/USCIS number or A-Number where indicated
(your EAD or other document from DHS will have your USCIS number or A-
Number printed on it; the USCIS number is the same as your A-Number
without the A prefix).
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a September 17, 2018, expiration date (or
March 17, 2017 expiration date provided your employee applied for a new
EAD during the last re-registration period but has not yet received a
new EAD);
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write March 16, 2019, as the expiration date.
Before the start of work on March 17, 2019, employers must reverify
the employee's employment authorization in Section 3 of Form I-9.

What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my employment authorization has
been automatically extended?

If you presented a TPS-related EAD that was valid when you first
started your job and your EAD has now been automatically extended, your
employer may need to re-inspect your current EAD if they do not have a
copy of the EAD on file. You may, and your employer should, correct
your previously completed Form I-9 as follows:
1. For Section 1, you may:
a. Draw a line through the expiration date in Section 1;
b. Write March 16, 2019, above the previous date; and
c. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended by ensuring:
It is in category A-12 or C-19; and
Has a marked expiration date of September 17, 2018, or
March 17, 2017, provided your employee applied for a new EAD during the
last re-registration period but has not yet received a new EAD.
b. Draw a line through the expiration date written in Section 2;
c. Write March 16, 2019, above the previous date; and
d. Initial and date the correction in the Additional Information
field in Section 2.
Note: This is not considered a reverification. Employers do not
need to complete Section 3 until either the 180-day automatic extension
has ended or the employee presents a new document to show continued
employment authorization, whichever is sooner. By March 16, 2019, when
the employee's automatically extended EAD has expired, employers must
reverify the employee's employment authorization in Section 3.

If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?

Employers may create a case in E-Verify for these employees by
providing the employee's Alien Registration number, USCIS number, and
entering the receipt number as the document number on Form I-9 into the
document number field in E-Verify.

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?

E-Verify automated the verification process for TPS-related EADs
that are automatically extended. If you have employees who provided a
TPS-related EAD when they first started working for you, you will
receive a ``Work Authorization Documents Expiring'' case alert when the
auto-extension period for this EAD is about to expire. The alert
indicates that before this employee starts to work on March 17, 2019,
you must reverify his or her employment authorization in Section 3 of
Form I-9. Employers should not use E-Verify for reverification.

Note to All Employers

Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification

[[Page 43700]]

requirements. For general questions about the employment eligibility
verification process, employers may call USCIS at 888-464-4218 (TTY
877-875-6028) or email USCIS at [email protected]. Calls and emails are
accepted in English and many other languages. For questions about
avoiding discrimination during the employment eligibility verification
process (Form I-9 and E-Verify), employers may call the U.S. Department
of Justice's Civil Rights Division, Immigrant and Employee Rights
Section (IER) (formerly the Office of Special Counsel for Immigration-
Related Unfair Employment Practices) Employer Hotline at 800-255-8155
(TTY 800-237-2515). IER offers language interpretation in numerous
languages. Employers may also email IER at [email protected].

Note to Employees

For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at [email protected]. Calls are accepted in English,
Spanish, and many other languages. Employees or applicants may also
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based upon citizenship,
immigration status, or national origin, including discrimination
related to Employment Eligibility Verification (Form I-9) and E-Verify.
The IER Worker Hotline provides language interpretation in numerous
languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Employment Eligibility Verification (Form I-9)
Instructions. Employers may not require extra or additional
documentation beyond what is required for 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
an employee's 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 an employee because of
the TNC while 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). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at https://www.justice.gov/ier and on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.

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

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 of such documents are:
(1) Your current EAD;
(2) A copy of your Notice of Action (Form I-797C), the notice of
receipt, for your application to renew your current EAD providing an
automatic extension of your currently expired or expiring EAD;
(3) A copy of your Notice of Action (Form I-797C), the notice of
receipt, for your Application for Temporary Protected Status for this
re-registration; and
(4) A copy of your Notice of Action (Form I-797), the notice of
approval, for a past or current Application for Temporary Protected
Status, if you received one from USCIS. Check with the government
agency regarding which document(s) the agency will accept.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements (SAVE) program to confirm the current
immigration status of applicants for public benefits. In most cases,
SAVE provides an automated electronic response to benefit-granting
agencies within seconds, but, occasionally, verification can be
delayed. You can check the status of your SAVE verification by using
CaseCheck at the following link: https://save.uscis.gov/casecheck/,
then by clicking the ``Check Your Case'' button. CaseCheck is a free
service that lets you follow the progress of your SAVE verification
using your date of birth and one immigration identifier number. If an
agency has denied your application based solely or in part on a SAVE
response, the agency must offer you the opportunity to appeal the
decision in accordance with the agency's procedures. If the agency has
received and acted 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 on the SAVE website at http://www.uscis.gov/save.

[FR Doc. 2018-18444 Filed 8-24-18; 8:45 am]
BILLING CODE 9111-97-P

43698 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices

This will help us to verify your grant of When hired, what documentation may I automatically extended EAD for a new
TPS and process your application. show to my employer as evidence of job?’’ for further information.
employment authorization and identity To reduce confusion over this
Supporting Documents extension at the time of hire, you should
when completing Employment
The filing instructions on the Form I– Eligibility Verification (Form I–9)? explain to your employer that your EAD
821 list all the documents needed to has been automatically extended
You can find a list of acceptable
establish eligibility for TPS. You may through March 16, 2019. You may also
document choices on the ‘‘Lists of
also find information on the acceptable provide your employer with a copy of
Acceptable Documents’’ for Form I–9.
documentation and other requirements this Federal Register notice, which
Employers must complete Form I–9 to
for applying or registering for TPS on explains that your EAD has been
verify the identity and employment
the USCIS website at www.uscis.gov/tps automatically extended. As an
authorization of all new employees.
under ‘‘Somalia.’’ alternative to presenting evidence of
Within three days of hire, employees
your automatically extended EAD, you
Employment Authorization Document must present acceptable documents to
may choose to present any other
(EAD) their employers as evidence of identity
acceptable document from List A, a
and employment authorization to satisfy combination of one selection from List
How can I obtain information on the Form I–9 requirements.
status of my EAD request? B and one selection from List C, or a
You may present any document from
valid receipt.
List A (which provides evidence of both
To get case status information about identity and employment What documentation may I present to
your TPS application, including the authorization), or one document from my employer for Employment Eligibility
status of an EAD request, you can check List B (which provides evidence of your Verification (Form I–9) if I am already
Case Status Online at http:// identity) together with one document employed but my current TPS-related
www.uscis.gov, or call the USCIS from List C (which is evidence of EAD is set to expire?
National Contact Center at 800–375– employment authorization), or you may
5283 (TTY 800–767–1833). If your Form Even though your EAD has been
present an acceptable receipt for List A, automatically extended, your employer
I–765 has been pending for more than List B, or List C documents as described
90 days, and you still need assistance, is required by law to ask you about your
in the Form I–9 Instructions. Employers continued employment authorization no
you may request an EAD inquiry may not reject a document based on a
appointment with USCIS by using the later than before you start work on
future expiration date. You can find September 18, 2018. You will need to
InfoPass system at https:// additional detailed information about
infopass.uscis.gov. However, we present your employer with evidence
Form I–9 on USCIS’ I–9 Central web that you are still authorized to work.
strongly encourage you first to check page at http://www.uscis.gov/I-9Central.
Case Status Online or call the USCIS Once presented, you may correct your
An EAD is an acceptable document employment authorization expiration
National Contact Center for assistance under List A. If your EAD has an date in Section 1 and your employer
before making an InfoPass appointment. expiration date of September 17, 2018, should correct the EAD expiration date
Am I eligible to receive an automatic or March 17, 2017 (and you applied for in Section 2 of Form I–9. See the
180-day extension of my current EAD a new EAD during the last re- subsection titled, ‘‘What corrections
through March 16, 2019, using this registration period but have not yet should my current employer and I make
Federal Register notice? received a new EAD), and states A–12 to Employment Eligibility Verification
or C–19 under Category, it has been (Form I–9) if my employment
Yes. Provided that you currently have extended automatically by virtue of this authorization has been automatically
a Somalia TPS-based EAD, this Federal Federal Register notice and you may extended?’’ for further information. You
Register notice automatically extends choose to present this Notice along with may show this Federal Register notice
your EAD through March 16, 2019, if your EAD to your employer as proof of to your employer to explain what to do
you: identity and employment eligibility for for Form I–9 and to show that your EAD
• Are a national of Somalia (or an Form I–9 through March 16, 2019, has been automatically extended
alien having no nationality who last unless your TPS has been withdrawn or through March 16, 2019. Your employer
habitually resided in Somalia); and your request for TPS has been denied. may need to re-inspect your
either If you have an EAD with a marked automatically extended EAD to check
• Have an EAD with a marked expiration date of September 17, 2018, the expiration date and Category code if
expiration date of September 17, 2018, that states A–12 or C–19 under your employer did not keep a copy of
bearing the notation A–12 or C–19 on Category, and you properly filed for a this EAD when you initially presented
the face of the card under Category, or new EAD in accordance with this it. In addition, if you have an EAD with
Notice, you will also receive Form I– a marked expiration date of September
• Have an EAD with a marked 797C, Notice of Action that will state 17, 2018 that states A–12 or C–19 under
expiration date of March 17, 2017, your EAD is automatically extended for Category, and you properly filed your
bearing the notation A–12 or C–19 on 180 days. You may choose to present Form I–765 to obtain a new EAD, you
the face of the card under Category and your EAD to your employer together will receive a Form I–797C, Notice of
you applied for a new EAD during the with this Form I–797C as a List A Action. Form I–797C will state that your
last re-registration period but have not document that provides evidence of EAD is automatically extended for 180
yet received a new EAD. your identity and employment days. You may present Form I–797C to
amozie on DSK3GDR082PROD with NOTICES1

Although this Federal Register notice authorization for Form I–9 through your employer along with your EAD to
automatically extends your EAD March 16, 2019, unless your TPS has confirm that the validity of your EAD
through March 16, 2019, you must re- been withdrawn or your request for TPS has been automatically extended
register timely for TPS in accordance has been denied. See the subsection through March 16, 2019, unless your
with the procedures described in this titled, ‘‘How do my employer and I TPS has been withdrawn or your
Federal Register notice if you would complete the Employment Eligibility request for TPS has been denied. To
like to maintain your TPS. Verification (Form I–9) using an reduce the possibility of gaps in your

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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices 43699

employment authorization immigration status, or your national • Has a marked expiration date of
documentation, you should file your origin. September 17, 2018, or March 17, 2017,
Form I–765 to request a new EAD as provided your employee applied for a
How do my employer and I complete
early as possible during the re- new EAD during the last re-registration
Employment Eligibility Verification
registration period. period but has not yet received a new
(Form I–9) using my automatically
The last day of the automatic EAD EAD.
extended employment authorization for b. Draw a line through the expiration
extension is March 16, 2019. Before you a new job?
start work on March 17, 2019, your date written in Section 2;
employer must reverify your When using an automatically c. Write March 16, 2019, above the
employment authorization. At that time, extended EAD to complete Form I–9 for previous date; and
you must present any document from a new job before March 17, 2019, you d. Initial and date the correction in
List A or any document from List C on and your employer should do the the Additional Information field in
Form I–9 Lists of Acceptable following: Section 2.
Documents, or an acceptable List A or 1. For Section 1, you should: Note: This is not considered a
List C receipt described in the Form I– a. Check ‘‘An alien authorized to work reverification. Employers do not need to
9 Instructions to reverify employment until’’ and enter March 16, 2019 as the complete Section 3 until either the 180-
authorization. ‘‘expiration date’’; and day automatic extension has ended or
b. Enter your Alien Number/USCIS the employee presents a new document
By March 17, 2019, your employer
number or A–Number where indicated to show continued employment
must complete Section 3 of the current
(your EAD or other document from DHS authorization, whichever is sooner. By
version of the form, Form I–9 07/17/17
will have your USCIS number or A– March 16, 2019, when the employee’s
N, and attach it to the previously
Number printed on it; the USCIS automatically extended EAD has
completed Form I–9, if your original
number is the same as your A–Number expired, employers must reverify the
Form I–9 was a previous version. Your
without the A prefix). employee’s employment authorization
employer can check the USCIS’ I–9
2. For Section 2, employers should: in Section 3.
Central web page at http://
a. Determine if the EAD is auto-
www.uscis.gov/I-9Central for the most If I am an employer enrolled in E-Verify,
extended by ensuring it is in category
current version of Form I–9. how do I verify a new employee whose
A–12 or C–19 and has a September 17,
Note that your employer may not EAD has been automatically extended?
2018, expiration date (or March 17, 2017
specify which List A or List C document Employers may create a case in E-
expiration date provided your employee
you must present and cannot reject an Verify for these employees by providing
applied for a new EAD during the last
acceptable receipt. the employee’s Alien Registration
re-registration period but has not yet
Can my employer require that I provide received a new EAD); number, USCIS number, and entering
any other documentation to prove my b. Write in the document title; the receipt number as the document
status, such as proof of my Somali c. Enter the issuing authority; number on Form I–9 into the document
citizenship? d. Provide the document number; and number field in E-Verify.
e. Write March 16, 2019, as the
No. When completing Form I–9, If I am an employer enrolled in E-Verify,
expiration date.
including reverifying employment what do I do when I receive a ‘‘Work
Before the start of work on March 17,
authorization, employers must accept Authorization Documents Expiration’’
2019, employers must reverify the
any documentation that appears on the alert for an automatically extended
employee’s employment authorization
Form I–9 ‘‘Lists of Acceptable EAD?
in Section 3 of Form I–9.
Documents’’ that reasonably appears to E-Verify automated the verification
be genuine and that relates to you, or an What corrections should my current process for TPS-related EADs that are
acceptable List A, List B, or List C employer and I make to Employment automatically extended. If you have
receipt. Employers need not reverify Eligibility Verification (Form I–9) if my employees who provided a TPS-related
List B identity documents. Employers employment authorization has been EAD when they first started working for
may not request documentation that automatically extended? you, you will receive a ‘‘Work
does not appear on the ‘‘Lists of If you presented a TPS-related EAD Authorization Documents Expiring’’
Acceptable Documents.’’ Therefore, that was valid when you first started case alert when the auto-extension
employers may not request proof of your job and your EAD has now been period for this EAD is about to expire.
Somali citizenship or proof of re- automatically extended, your employer The alert indicates that before this
registration for TPS when completing may need to re-inspect your current employee starts to work on March 17,
Form I–9 for new hires or reverifying EAD if they do not have a copy of the 2019, you must reverify his or her
the employment authorization of EAD on file. You may, and your employment authorization in Section 3
current employees. If presented with employer should, correct your of Form I–9. Employers should not use
EADs that have been automatically previously completed Form I–9 as E-Verify for reverification.
extended, employers should accept such follows:
documents as a valid List A document Note to All Employers
1. For Section 1, you may:
so long as the EAD reasonably appears a. Draw a line through the expiration Employers are reminded that the laws
to be genuine and relates to the date in Section 1; requiring proper employment eligibility
employee. Refer to the Note to b. Write March 16, 2019, above the verification and prohibiting unfair
amozie on DSK3GDR082PROD with NOTICES1

Employees section of this Federal previous date; and immigration-related employment
Register notice for important c. Initial and date the correction in the practices remain in full force. This
information about your rights if your margin of Section 1. Federal Register notice does not
employer rejects lawful documentation, 2. For Section 2, employers should: supersede or in any way limit
requires additional documentation, or a. Determine if the EAD is auto- applicable employment verification
otherwise discriminates against you extended by ensuring: rules and policy guidance, including
based on your citizenship or • It is in category A–12 or C–19; and those rules setting forth reverification

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Document Created: 2018-08-25 01:49:19
Document Modified: 2018-08-25 01:49:19

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 Somalia for TPS: The 18-month extension of the TPS designation of Somalia is effective September 18, 2018, and will remain in effect through March 17, 2020. The 60-day re- registration period runs from August 27, 2018 through October 26, 2018. (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> You may contact Samantha Deshommes, Branch Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, 20 Massachusetts Avenue NW, Washington, DC 20529-2060; or by phone at 800-375-5283.
FR Citation		83 FR 43695
RIN Number		1615-ZB77

83 FR 43695 - Extension of the Designation of Somalia for Temporary Protected Status

DEPARTMENT OF HOMELAND SECURITYU.S. Citizenship and Immigration Services

Federal Register Volume 83, Issue 166 (August 27, 2018)

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