Federal Register - August 4, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices INAImmigration and Nationality Act SecretarySecretary of Homeland Security TPSTemporary Protected Status TTYText Telephone USCISU.S. Citizenship and Immigration Services
Background on 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, are employment authorized, and may obtain Employment Authorization Documents EADs, so long as they continue to meet the requirements of TPS.
TPS beneficiaries may also apply for travel authorization as a matter of discretion.
To qualify for TPS, beneficiaries must meet the eligibility standards at INA section 244c12, 8 U.S.C.
1254ac12.
When the Secretary of Homeland Security Secretary terminates a countrys TPS designation, beneficiaries return to one of the following:
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 Any other lawfully obtained immigration status or category they received while registered for TPS, as long as it is still valid on the date TPS
terminates.
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Purpose of This Action Through this Federal Register notice, DHS is extending the initial registration periods from 180 days to 18 months for initial applicants that is, individuals who do not currently have TPS under the TPS designations for Venezuela, Syria, and Burma, as specified in this notice. The initial registration periods will now run for the entire 18-month period of the TPS designations for Venezuela and Burma, and for the entire 18-month period of TPS redesignation for Syria. This will allow individuals to submit an initial application for TPS
and an application for employment authorization documentation if desired, during the relevant countrys TPS designation or redesignation.
DHS is extending the registration period for a number of reasons. In general, individuals must be given an initial registration period of no less than
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180 days to register for TPS, but the Secretary has discretion to provide for a longer registration period. See 8 U.S.C.
1254ac1Aiv. Historically, the length of the initial registration period has varied. Compare 66 FR 14214
March 9, 2001 18 months initial registration period for applicants under TPS designation for El Salvador with 80
FR 36346 June 24, 2015 180-day initial registration period for applicants under TPS designation for Nepal. In recent years, this period has most typically been limited to the statutory minimum of 180 days, although later extensions of the initial registration period have also been announced for some countries. See, e.g., 81 FR 4051
Jan. 25, 2016 setting 180-day initial registration period during extension and redesignation of South Sudan for TPS;
78 FR 1866 Jan. 9, 2013 setting 180day initial registration period during extension and redesignation of Sudan for TPS; 75 FR 39957 July 13, 2010
extending previously announced initial 180-day registration period for Haiti TPS applicants to allow more time for individuals to apply. After reevaluating the initial 180-day registration periods announced for TPS under the new designations for Venezuela and Burma and the redesignation of Syria, DHS has determined that it will provide the full 18 months of these designations for applicants to file their initial Form I
821 and Form I765 to obtain an EAD, if desired. Limiting the initial registration period to 180 days may place a burden on applicants who are unable to timely file but would otherwise be eligible for a grant of TPS.
In addition, permitting registration throughout the entirety of the designation period could reduce the operational burden on USCIS, as incoming applications may be spread out over a longer period of time. This extended registration period is in keeping with the humanitarian purpose of TPS and will better advance the goal of ensuring the Federal Government eliminates . . . barriers that prevent immigrants from accessing government services available to them. See Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, 86 FR 8277
Feb. 5, 2021.
In addition, through this Federal Register notice, DHS is making corrections to the Federal Register notice regarding Venezuelas TPS
designation that was published on March 9, 2021, at 86 FR 13574. USCIS
is correcting the second paragraph of the section titled Required Application
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Forms and Application Fees To Register for TPS to correct the end date of the EAD validity period noted in that section from September 7, 2021 to September 9, 2022. USCIS is also correcting the section titled Refiling a TPS Registration Application After Receiving a Denial of a Fee Waiver Request in order to remove erroneous references to a good cause exception to late filings for initial TPS applicants under the Venezuela designation.3
Corrections In FR Doc. 202104951, beginning on page 13574, in the Federal Register of March 9, 2021, make the following corrections:
1. On page 13578, the sentence indicating Although not required to do so, if you want to obtain an EAD valid through September 7, 2021, you must file an Application for Employment Authorization Form I765 and pay the Form I765 fee or submit a Request for a Fee Waiver Form I912 is corrected to read as follows: Although not required to do so, if you want to obtain an EAD valid through September 9, 2022, you must file an Application for Employment Authorization Form I
765 and pay the Form I765 fee or request a fee waiver.
2. On page 13578, the heading Refiling a TPS Registration Application After Receiving a Denial of a Fee Waiver Request is corrected to read as follows:
Refiling a TPS Registration Application after Receiving Notice that USCIS Did Not Grant the Fee Waiver Request.
3. On page 13578, the first paragraph under the heading that currently reads Refiling a TPS Registration Application After Receiving a Denial of a Fee Waiver Request is struck and replaced with the following correction:
You should file as soon as possible so USCIS can process your application and issue an EAD promptly, if you requested one. If USCIS does not grant your fee waiver request related to your initial TPS application, you must refile your Form I821 for TPS, along with the required fees, by September 9, 2022 to continue seeking initial TPS. If USCIS
does not grant your fee waiver request, you may also refile your Form I765, with fee, either with your Form I821 or at a later time as long as it is within the period that Venezuela is designated for TPS. For more information on late 3 See 8 CFR 244.2f and g noting requirements for consideration of late initial TPS registration applications. A good cause exception to late filings is applicable only to persons re-registering for TPS as per INA 244c3C, not to initial registrants.
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