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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
decision to designate any foreign state or part thereof is a discretionary decision, and there is no judicial review of any determination with respect to the designation, or termination of or extension of a designation. See INA
section 244b5A; 8 U.S.C.
1254ab5A.67 The Secretary, in his or her discretion, may then grant TPS to eligible nationals of that foreign state or individuals having no nationality who last habitually resided in the designated foreign state. See INA section 244a1A, 8 U.S.C. 1254aa1A.
At least 60 days before the expiration of a foreign states TPS designation or extension, the Secretary, after consultation with appropriate U.S.
Government agencies, must review the conditions in the foreign state designated for TPS to determine whether they continue to meet the conditions for the TPS designation. See INA section 244b3A, 8 U.S.C.
1254ab3A. If the Secretary determines that the foreign state meets the conditions for TPS designation, the designation will be extended for an additional period of 6 months or, in the Secretarys discretion, 12 or 18 months.
See INA section 244b3A, C, 8
U.S.C. 1254ab3A, 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 244b3B, 8 U.S.C.
1254ab3B.
Notice of the Designation of Haiti for TPS

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By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the appropriate U.S.
Government agencies, the statutory conditions supporting Haitis designation for TPS on the basis of extraordinary and temporary conditions are met. See INA section 244b1C, 8
U.S.C. 1254ab1C. I estimate approximately 155,000 individuals are eligible to apply for TPS under the designation of Haiti. On the basis of this determination, I am designating Haiti for TPS for 18 months, from August 3, 2021 through February 3, 2023. See INA

67 This availability of judicial review is under consideration by the courts in the TPS litigation referenced supra.

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section 244b1C and b2; 8 U.S.C.
1254ab1C, and b2.
Alejandro N. Mayorkas Secretary, U.S. Department of Homeland Security.

Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Register for TPS
ALL APPLICANTS, including individuals whose TPS under the previous designation of Haiti has been continued under preliminary injunctions issued by certain courts and 85 FR 79208 Dec. 9, 2020, should follow these instructions: You must submit an Application for Temporary Protected Status Form I821 as a new applicant by selecting 1.a This is my initial first time application for Temporary Protected Status TPS. I do not currently have TPS, along with the required $50 fee for Form I821 or request for fee waiver. If your TPS is currently continuing under the court orders in Ramos and Saget, checking this 1.a. box as an initial applicant under this new designation of Haiti does not affect the continuation of your TPS
while those orders remain. However, if those orders are no longer in effect applying for TPS under this Federal Register Notice will help ensure that you have TPS until the end of the designation as long as you remain eligible. USCIS understands that you do currently have TPS if you are covered by the court orders, and checking Box 1.a. will not be deemed a misrepresentation on your part.
You may request a fee waiver by submitting a Request for a Fee Waiver Form I912. You must also pay the biometrics services fee if you are age 14
or older, unless USCIS grants a fee waiver. Please see additional information under the Biometric Services Fee section of this Notice.
You are not required to submit an I765
or have an EAD, but see below for more information if you want to work in the United States.
How TPS Beneficiaries Can Obtain an Employment Authorization Document EAD
Everyone must provide their employer with documentation showing that they have the legal right to work in the United States. TPS beneficiaries are eligible to apply for and obtain an EAD, which proves their legal right to work.
68 Find information about online filing at Forms Available to File Online, https www.uscis.gov/fileonline/forms-available-to-file-online.

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TPS applicants who want to obtain an EAD valid through February 3, 2023
must file an Application for Employment Authorization Form I
765 and pay the Form I765 fee or request a fee waiver by submitting a Request for a Fee Waiver Form I912.
TPS applicants may file this form along with their TPS application, or at a later date, provided their TPS application is still pending or has been approved.
For more information on the application forms and fees for TPS, please visit the USCIS TPS web page at uscis.gov/tps. Fees for the Form I821, the Form I765, and biometric services are also described in 8 CFR
103.7b1i.
Refiling a TPS Registration Application After Receiving a Denial of a Fee Waiver Request If you receive a denial of a fee waiver request, you must refile your Form I
821 for TPS along with the required fees during the registration period, which extends until February 3, 2023, in order to continue seeking initial TPS or to newly register to avoid losing protection in the event that the court injunctions are lifted. You may also file for your Employment Authorization Document on Form I765 with payment of the fee along with your TPS application or at any later date you decide you want to request an EAD during the registration period.
Filing Information USCIS offers the option to applicants for TPS under Haitis designation to file Form I821 and related requests for EADs online or by mail. When filing an initial TPS application, applicants can also request an EAD by submitting a completed Form I765, Request for Employment Authorization, with their Form I821.
Online filing: Form I821 and I765
are available for concurrent filing online.68 To file these forms online, you must first create a USCIS online account.69
Mail filing: Mail your application for TPS to the proper address in Table 1.
Table 1Mailing Addresses Mail your completed Application for Temporary Protected Status Form I
821 and Application for Employment Authorization Form I765, Form I912
for a fee waiver if applicable and supporting documentation to the proper address in Table 1.
69 https myaccount.uscis.gov/users/sign_up.

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