Designation of Republic of South Sudan for Temporary Protected Status

This Notice announces that the Secretary of Homeland Security (Secretary) has designated the Republic of South Sudan (South Sudan) for Temporary Protected Status (TPS) for a period of 18 months, effective November 3, 2011 through May 2, 2013. Under section 244(b)(1) of the Immigration and Nationality Act (INA), the Secretary is authorized to grant TPS to eligible nationals of designated foreign states or parts of such states (or to eligible aliens having no nationality who last habitually resided in such states) upon finding that such states are experiencing ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions that prevent nationals from returning safely. This designation allows eligible South Sudan nationals (and aliens having no nationality who last habitually resided in the region that is now South Sudan) who have continuously resided in the United States since October 7, 2004 to obtain TPS. In addition to demonstrating continuous residence in the United States since October 7, 2004, applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since November 3, 2011, the effective date of the designation of South Sudan. The Secretary has established November 3, 2011, as the effective date so that the 18-month designation of South Sudan will coincide with the 18-month extension period of TPS for Sudan, which is also being announced today. Although November 3, 2011, is a future date, applicants may begin applying for TPS immediately. This designation is unique because on July 9, 2011, South Sudan became a new nation and independent from the Republic of Sudan, which has been designated for TPS since 1997. Some individuals who are TPS beneficiaries under the current designation of Sudan may now be nationals of South Sudan, calling into question their continued eligibility for TPS under the Sudan designation. These individuals may, however, now qualify for TPS under the South Sudan designation. This Notice sets forth regular procedures and special procedures necessary for nationals of South Sudan (or aliens having no nationality who last habitually resided in the region that is now South Sudan) to register and to apply for TPS and Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS). Given the timeframes involved with processing TPS applications, the Department of Homeland Security (DHS) recognizes that individuals who have EADs under Sudan TPS that expire November 2, 2011 may not receive new EADs under South Sudan TPS until after their current EADs expire. Accordingly, the validity of EADs issued under the TPS designation of Sudan has been automatically extended for 6 months, through May 2, 2012. This automatic extension includes individuals who are now applying for TPS under the designation of South Sudan but were granted TPS and were issued an EAD under the Sudan designation. This Notice explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and how the extension affects employment eligibility verification (Form I-9 and E-Verify) processes. This Notice also describes examples of acceptable evidence of South Sudanese nationality required for TPS registration under the South Sudan designation.