[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Notices]
[Pages 71021-71022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27703]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2454-08; DHS Docket No. USCIS-2008-0032]
RIN 1615-ZA77
Extension of the Re-Registration Period and Automatic Extension
of Employment Authorization Documentation for Nicaraguan Temporary
Protected Status Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
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SUMMARY: On October 1, 2008, the Department of Homeland Security (DHS)
published a Notice in the Federal Register extending the designation of
Nicaragua for Temporary Protected Status (TPS) through July 5, 2010.
USCIS has decided to extend the re-registration period through December
30, 2008. Beneficiaries of TPS for Nicaragua are required to re-
register and obtain new Employment Authorization Documents (EADs), when
an EAD is
[[Page 71022]]
requested by the beneficiary. Since, USCIS will not be able to process
and re-issue new EADs for all such beneficiaries by the January 5,
2009, expiration date, USCIS has decided to automatically extend the
validity of EADs issued to Nicaraguan nationals (or aliens having no
nationality who last habitually resided in Nicaragua) until July 5,
2009. This Notice announces that extension and also explains how TPS
beneficiaries and their employers may determine which EADs are
automatically extended.
DATES: This notice is effective November 24, 2008. The re-registration
period will be extended through December 30, 2008. The automatic
extension of EADs will begin on January 6, 2009, and will remain in
effect until July 5, 2009.
FOR FURTHER INFORMATION CONTACT: TPS Operations Program Manager, Status
and Family Branch, Office of Service Center Operations, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Avenue, NW., Washington, DC 20529, telephone (202)
272-1533. This is not a toll-free call. Further information will also
be available at local USCIS offices upon publication of this Notice and
on the USCIS Web site at http://www.uscis.gov. Note: The phone number
provided here is solely for questions regarding this TPS notice. It is
not for individual case status inquiries. Applicants seeking
information about the status of their individual case can check Case
Status Online available at the USCIS Web site listed above, or
applicants may call the USCIS National Customer Service Center at 1-
800-375-5283 (TTY 1-800-767-1833).
SUPPLEMENTARY INFORMATION:
Why is USCIS extending the re-registration period for Nicaraguan TPS
beneficiaries?
In order to provide greater uniformity and avoid potential
confusion between the re-registration periods for the three Central
American countries currently designated for TPS, USCIS has decided to
extend the re-registration period through December 30, 2008.
Why is USCIS automatically extending the validity of EADs for
Nicaraguan TPS beneficiaries?
Considering the large number of applications, it is likely that
many re-registrants will not receive their new EAD until after the
expiration date of their current EAD. In order to prevent a gap in
employment authorization for qualified re-registrants, DHS will
automatically extend the validity of applicable EADs for Nicaraguan TPS
beneficiaries until July 5, 2009.
Who is eligible to receive an automatic six-month EAD extension from
January 6, 2009, to July 5, 2009?
You are eligible to receive an automatic six-month extension of an
EAD if you:
Are a national of Nicaragua (or an alien having no
nationality who last habitually resided in Nicaragua);
Applied for and received an EAD under the designation of
Nicaragua for TPS; and
Have not had TPS withdrawn or denied.
This automatic extension is limited to EADs issued on Form I-766,
Employment Authorization Document, bearing an expiration date of
January 5, 2009. These EADs must also bear the notation ``A-12'' or
``C-19'' on the face of the card under ``Category.''
How may employers determine whether an EAD has been automatically
extended for six months, through July 5, 2009, and is therefore
acceptable for completion of the Form I-9, Employment Eligibility
Verification?
An EAD that has been automatically extended for six months by this
Notice through July 5, 2009, will bear the notation ``A-12'' or ``C-
19'' on the face of the Form I-766 under ``Category,'' and have an
expiration date of January 5, 2009, on the face of the card. New EADs
or extension stickers showing the July 5, 2009, expiration date of the
six-month automatic extension will not be issued. Employers should not
request proof of Nicaraguan citizenship.
Employers should accept an EAD as a valid ``List A'' document and
not ask for additional Form I-9 documentation if presented with an EAD
that has been extended pursuant to this Federal Register Notice, and
the EAD reasonably appears on its face to be genuine and to relate to
the employee. This extension does not affect the right of an applicant
for employment or an employee to present any legally acceptable
document as proof of identity and eligibility for employment.
Note to Employers: Employers are reminded that the laws
requiring employment eligibility verification and prohibiting unfair
immigration-related employment practices remain in full force. This
Notice does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those setting
forth re-verification requirements. For questions, employers may
call the USCIS Customer Assistance Office at 1-800-357-2099.
Employers may also call the U.S. Department of Justice Office of
Special Counsel for Immigration Related Unfair Employment Practices
(OSC) Employer Hotline at 1-800-255-8155. Employees or applicants
may call the OSC Employee Hotline at 1-800-255-7688 for information
regarding the automatic extension. Additional information is
available on the OSC Web site at http://www.usdoj.gov/crt/osc/index.html.
How may employers determine an employee's eligibility for employment
once the automatic six-month extension expires on July 5, 2009?
Eligible TPS aliens will possess an EAD on Form I-766 with an
expiration date of July 5, 2010. The EAD will bear the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category,'' and should
be accepted for the purposes of verifying identity and employment
authorization.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9?
Qualified individuals who have received a six-month automatic
extension of their EADs by virtue of this Federal Register Notice may
present their TPS-based EADs to their employers, as described above, as
proof of identity and employment authorization through July 5, 2009. To
minimize confusion over this extension at the time of hire or re-
verification, qualified individuals may also present a copy of this
Federal Register Notice regarding the automatic extension of employment
authorization documentation through July 5, 2009. After July 5, 2009, a
qualified individual may present a new EAD valid through July 5, 2010.
In the alternative, any legally acceptable document or combination
of documents as listed on the Form I-9 may be presented as proof of
identity and employment eligibility.
Dated: November 11, 2008.
Jonathan R. Scharfen,
Acting Director, U.S. Citizenship and Immigration Services.
[FR Doc. E8-27703 Filed 11-21-08; 8:45 am]
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