Key information:

• Sudan received a new 18-month designation of Temporary Protected Status, or TPS, designation from April 19, 2022, through Oct. 19, 2023.
• USCIS estimates that approximately 3,090 individuals are eligible to file applications for TPS under the designation of Sudan. This includes an estimated 2,390 newly eligible individuals as well as an estimated 700 current TPS Sudan beneficiaries, whose TPS-related documentation has been automatically extended pursuant to court orders through at least Dec. 31, 2022. These individuals must file a new application for TPS under the new Sudan designation to avoid losing protection if the court injunctions are lifted.

Temporary Protected Status for Sudan

Eligibility for TPS:

• To be eligible for TPS for Sudan, an applicant must submit an Application for Temporary Protected Status (Form I-821) and pay the filing fee (or submit a Request for a Fee Waiver (Form I-912)) AND:
  • Be a national of Sudan or noncitizen having no nationality who last habitually resided in Sudan;
  • Have continuously resided in the United States since March 1, 2022; and
  • Have been continuously physically present in the United States since April 19, 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.

Registration for TPS:

• The registration period will run the entire length of the designation, opening April 19, 2022, and ending Oct. 19, 2023.
• To register for TPS based on the designation of Sudan, you must submit an Application for Temporary Protected Status (Form I-821) and pay the filing fee (or submit a Request for a Fee Waiver (Form I-912)).
• There is a $50 fee for Form I-821, or applicants can apply for a fee waiver.
• 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.
• If you receive a denial of your fee waiver request and are unable to refile by the registration deadline, you may still refile your Form I-821 with the biometrics fee. USCIS will review this situation to determine whether you established good cause for late TPS registration. However, you are urged to refile within 45 days of the date on any USCIS fee waiver denial notice, if possible.

Work Authorization for TPS:

• TPS work authorization under this designation will be valid until Oct. 19, 2023.
• Applicants 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 Form I-765 fee (or submit a Request for a Fee Waiver (Form I-912)).
• If you do not want to request an EAD during the TPS registration period, 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.
• Consult the Federal Register Notice for more information about what documents to present to your employer related to work authorization through TPS.
• 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 I-9Central@dhs.gov. USCIS accepts calls 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 Form I-9 and E-Verify.

Current Sudanese TPS Holders under the pending Ramos case

This designation also allows nationals of Sudan who currently have TPS, and whose TPS-related documents were extended pursuant to court orders through at least Dec. 31, 2022, to file an initial application under this new designation. This will allow current Sudan TPS beneficiaries to retain their status without a gap in coverage if they are otherwise eligible.

Procedures for Registration:

• The registration period will run the entire length of the designation, opening April 19, 2022, and ending Oct. 19, 2023.
• To register for TPS based on the designation of Sudan, you must submit an Application for Temporary Protected Status (Form I-821) and pay the filing fee (or submit a Request for a Fee Waiver (Form I-912)).
  • All applicants must submit a Form I-821, Application for Temporary Protected Status 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 I-821 or request for fee waiver.
  • Per the Federal Register Notice: “If your TPS is currently continuing under the court orders in Ramos, checking this 1.a. box as an initial applicant under this new designation of Sudan 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 this eighteen-month designation on Oct. 19, 2023, 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.”
• There is a $50 fee for Form I-821, or applicants can apply for a fee waiver.
• 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.
• If you receive a denial of your fee waiver request and are unable to refile by the registration deadline, you may still refile your Form I-821 with the biometrics fee. USCIS will review this situation to determine whether you established good cause for late TPS registration. However, you are urged to refile within 45 days of the date on any USCIS fee waiver denial notice, if possible.

Work Authorization:

• TPS work authorization under this designation will be valid until Oct. 19, 2023.
• For current Sudan TPS holders, work authorization expires on Dec. 31, 2022. The new designation for Sudan does NOT automatically extend work authorization under the previous TPS designation (which authorizes work through Dec. 31, 2022, under the pending litigation). Applicants MUST file new applications for TPS and work authorization to gain work authorization through Oct. 19, 2023.
• Sudanese TPS holders who wish to receive work authorization through the entire TPS designation period (through Oct. 19, 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.

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 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.