IMPORTANT NOTE: In the section in the Federal Register Notice, “Am I eligible to receive an automatic 180-day extension of my current EAD through November 1, 2022, using this Federal Register notice?” there appears to be a typo on the date that South Sudanese TPS holders would have on a work permit. CLINIC has contacted USCIS to clarify and will update this page as needed.

 

Key information:

• South Sudan Temporary Protected Status, or TPS, was extended for 18 months and redesignated from May 3, 2022 through Nov. 3, 2023.
• To maintain TPS through the 18-month period, current South Sudanese TPS holders will need to re-register during the 60-day re-registration period, which runs from March 3, 2022, to May 2, 2022.
• Current South Sudanese TPS holders with EADs with a May 2, 2022, expiration date receive an automatic extension of their work authorization for 180 days through Nov. 1, 2022.
• The redesignation of South Sudan allows additional individuals who have been continuously residing in the United States since March 1, 2022, and continuously physically present in the United States since March 3, 2022, to obtain TPS, if otherwise eligible. The registration period for the redesignation will remain open from March 3, 2022, through Nov. 3, 2023.

 

Redesignation (Eligibility and Registration Process for South Sudanese Nationals Who Do Not Currently Have TPS)

Eligibility Based on Redesignation:

• To be eligible for TPS under the redesignation, applicants must submit an Application for Temporary Protected Status (Form I-821) and pay the $50 filing fee (or submit a Request for a Fee Waiver (Form I-912)) AND:
  • Be a South Sudanese national or noncitizen having no nationality who last habitually resided in South Sudan;
  • Have continuously resided in the United States since March 1, 2022; and
  • Have been continuously physically present in the United States since March 3, 2022.
  However, otherwise eligible individuals are not eligible if they:
  • Have been convicted of any felony or two or more misdemeanors committed in the United States;
  • Are found inadmissible under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
  • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity; or
  • Fail to meet the continuous physical presence and continuous residence in the United States requirements.

Procedures for Registration:

• The registration period for South Sudanese nationals eligible under the redesignation runs from March 3, 2022, and will remain in effect through Nov. 3, 2023. Eligible South Sudanese are encouraged to apply as early as possible during the registration period.
• South Sudanese who are newly filing for TPS under the redesignation must pay the $50 fee for the Application for Temporary Protected Status (Form I-821) or submit a Request for a Fee Waiver (Form I-912).
• Applicants age 14 and over must also submit a biometrics service fee, which is $85. Individuals unable to pay the biometrics fee may submit a Request for a Fee Waiver (Form I-912).
• More information on fee waivers can be found here: uscis.gov/i-912.

Work Authorization Under Redesignation:

• South Sudanese eligible for TPS under the redesignation may apply for work authorization when they register for TPS or after.
• TPS work authorization under this designation will be valid through Nov. 3, 2023.
• South Sudanese who want to obtain an Employment Authorization Document, or EAD, under TPS must file an Application for Employment Authorization (Form I-765) and pay the associated $410 fee (or submit a Request for a Fee Waiver (Form I-912)).
• More information on fee waivers can be found here: uscis.gov/i-912.

 

Extension (Current South Sudanese TPS Holders)

Procedures for Re-Registration:

• The 60-day re-registration period for CURRENT South Sudanese TPS holders runs from March 3, 2022, through May 2, 2022. TPS holders are encouraged to apply as early as possible during the re-registration period.
• To re-register, current TPS holders who do not have a pending application must submit the TPS application (Form I-821). Current South Sudanese TPS holders DO NOT need to pay a filing fee with Form I-821.
• Although current TPS holders do not need to pay a filing fee for Form I-821, TPS holders age 14 and over must submit a biometrics service fee, which is $85. Individuals unable to pay the biometrics fee may submit a Request for a Fee Waiver (Form I-912). More information on fee waivers can be found here: uscis.gov/i-912.
• South Sudanese TPS holders who file a fee waiver application for the biometrics fee but are denied may still re-file the I-821 and pay the biometrics fee even if outside the 60-day re-registration period. According to USCIS, in this situation, applicants are urged to re-file within 45 days of the denial notice, showing good cause for late filing (e.g. the application is late because of the fee waiver denial). For more information on filing late and good cause visit: uscis.gov/humanitarian/temporary-protected-status.
• Exception to re-registration: Individuals who have a South Sudan TPS application (Form I-821) and/or Application for Employment Authorization (Form I-765) that was still pending as of March 3, 2022, do not need to file either application again. If USCIS approves an individual’s Form I-821, USCIS will grant the individual TPS through Nov. 3, 2023. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.

Work Authorization:

• TPS work authorization under this designation will be valid until Nov. 3, 2023.
• For current South Sudanese TPS holders, EADs with an expiration date of May 2, 2022, are automatically extended for 180 days through Nov. 1, 2022.
• South Sudanese TPS holders who do not have an application pending from the previous re-registration period and who wish to receive work authorization through the entire TPS designation period (through Nov. 3, 2023), must file the I-821 along with an Application for Employment Authorization (Form I-765) and pay the $410 fee and the biometrics service fee, which is $85 (or request a fee waiver). More information on fee waivers can be found here: uscis.gov/i-912.
• Individuals who have a South Sudan TPS application (Form I-821) and/or Application for Employment Authorization (Form I-765) that was still pending as of March 3, 2022, do not need to file either application again. If USCIS approves an individual’s Form I-821, USCIS will grant the individual TPS through Nov. 3, 2023. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.
• South Sudanese TPS holders who do not have pending applications from the last re-registration period and are seeking work authorization through Nov. 3, 2023, are encouraged to submit Form I-765 when they submit their Form I-821 and biometrics fee as soon as possible during the 60-day re-registration period.
• South Sudanese TPS holders may apply for work authorization through Nov. 3, 2023, at a later time (after the 60-day re-registration period closes on May 2, 2022), but risk having gaps in employment authorization.

Resources for help with your TPS at work, the DMV, and other public or private institutions:

• Processing delays at USCIS can cause serious consequences for TPS holders, impacting work, drivers’ licenses and more. Current South Sudanese TPS holders who face these issues can use the following resources:
  • Contact a qualified legal services organization for help. A list of qualified organizations can be found here.
  • 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 E-Verify@uscis.dhs.gov. Information about rights and responsibilities can also be found on the USCIS website and E-Verify website.
  • TPS holders can also call the Department of Justice Immigrant and Employee Rights Worker Hotline at 800-255-7688 (TTY 800-237-2515) or visit the website for questions or issues related to discrimination. Emails can be sent to ier@usdoj.gov.

 

Avoiding Legal Services Fraud

• Individuals registering or re-registering for TPS should seek qualified legal assistance and beware of fraud. More information about avoiding legal services scams is available here: cliniclegal.org/resources/protecting-your-community/unauthorized-practice-immigration-law.
• A list of qualified organizations can be found here.