[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Notices]
[Pages 29000-29004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12440]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2500-10; DHS Docket No. USCIS 2010-0016]
RIN 1615-ZB01


Extension and Redesignation of Haiti for Temporary Protected 
Status

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces that the Secretary of Homeland Security 
(Secretary) is both extending the existing designation of Haiti for 
temporary protected status (TPS) for 18 months from July 23, 2011 
through January 22, 2013, and redesignating Haiti for TPS for 18 
months, effective July 23, 2011 through January 22, 2013. The extension 
allows current eligible TPS beneficiaries to retain their TPS through 
January 22, 2013. The redesignation of Haiti allows additional 
individuals who have been continuously residing in the United States 
since January 12, 2011, to obtain TPS, if eligible, including certain 
Haitians who arrived in the United States following the January 12, 
2010 earthquake in Haiti.
    Under the redesignation, individuals who currently do not have TPS, 
or a TPS application pending, may apply for TPS from May 19, 2011 
through November 15, 2011. In addition to demonstrating continuous 
residence in the United States since January 12, 2011, initial 
applicants for TPS under this redesignation must demonstrate that they 
have been continuously physically present in the United States since 
July 23, 2011, the effective date of the redesignation of Haiti.
    For individuals who have already been granted Haiti TPS, the 90-day 
re-registration period will run from May 23, 2011 through August 22, 
2011. The Department will publish a Federal Register notice in May with 
complete information on the re-registration procedures, including the 
automatic 6-month extension of currently valid employment authorization 
documents (EADs) that expire July 22, 2011. However, current Haiti TPS 
beneficiaries may not apply for re-registration until May 23, 2011. 
Applications and fees submitted before that date will be rejected and 
will have to be resubmitted once the re-registration period starts.
    TPS applications that were filed during the first Haiti designation 
that opened on January 21, 2010, and remain pending on May 19, 2011 
will be treated as initial applications under the redesignation. 
Therefore, individuals who have a pending TPS application will not need 
to file a new Application for Temporary Protected Status, Form I-821. 
Additional instructions are provided in this notice for individuals 
whose TPS applications remain pending and who would like to obtain an 
EAD valid through January 22, 2013.

DATES: Extension of TPS: The 18-month extension of the existing 
designation for Haiti is effective July 23, 2011, and will remain in 
effect through January 22, 2013. The 90-day re-registration period for 
current Haiti TPS beneficiaries will run from May 23, 2011 through 
August 22, 2011. Re-registration procedures will be announced prior to 
the start of the re-registration period.
    Redesignation of TPS: The redesignation of Haiti for TPS is 
effective July 23, 2011, and will remain in effect through January 22, 
2013, a period of 18 months. The initial registration period for new 
applicants under the Haiti TPS re-designation will run from May 19, 
2011 through November 15, 2011.

FOR FURTHER INFORMATION CONTACT:
     For further information on TPS, including guidance on the 
application process and additional information on eligibility, please 
visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find 
specific information about this TPS extension and re-designation of TPS 
for Haiti by selecting ``TPS Designated Country--Haiti'' from the menu 
on the left of the TPS Web page. From the Haiti page, you can select 
the Haiti TPS Questions & Answers Section from the menu on the right 
for further information.
     You can also contact the TPS Operations Program Manager at 
Status and Family Branch, Service Center Operations Directorate, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
20 Massachusetts Avenue, NW., Washington, DC 20529-2060 or by phone at 
(202) 272-1533 (this is not a toll-free number). 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 cases can check Case 
Status Online available at the USCIS Web site at http://www.uscis.gov, 
or call the USCIS National Customer Service Center at 1-800-375-5283 
(TTY 1-800-767-1833).
     Further information will also be available at local USCIS 
offices upon publication of this notice.

SUPPLEMENTARY INFORMATION:

Abbreviations and Terms Used in This Document

DHS--Department of Homeland Security
DOJ--Department of Justice
DOS--Department of State
EAD--Employment Authorization Document
GoH--Government of Haiti
IDP--Internally Displaced Person
INA--Immigration and Nationality Act
NGO--Nongovernmental Organizations
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration Related Unfair Employment Practices
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
UN--United Nations
UNICEF--United Nations Children's Fund
USAID--U.S. Agency for International Development
USCIS--U.S. Citizenship and Immigration Services

What is TPS?

     Temporary Protected Status (TPS) is an immigration status 
granted under the Immigration and Nationality Act (INA) to eligible 
nationals of a country designated for TPS (or to 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 and to obtain work 
authorization documentation, so long as they continue to meet the terms 
and conditions of their TPS status.
     TPS beneficiaries may also be granted travel authorization 
as a matter of discretion.
     A grant of TPS does not lead to permanent resident status.
     When the Secretary terminates a country's TPS designation, 
beneficiaries return to the same immigration status they maintained 
before obtaining TPS (unless that status has since expired or been 
terminated) or to any other status they may have obtained while 
registered for TPS.

When was Haiti first designated for TPS?

    On January 21, 2010, the Secretary designated Haiti for TPS based 
on extraordinary and temporary conditions within Haiti which prevented 
aliens who are nationals of Haiti (or persons without nationality who 
last habitually resided in Haiti) from returning to Haiti

[[Page 29001]]

safely, specifically the effects of the 7.0-magnitude earthquake that 
occurred January 12, 2010. See 75 FR 3476; see also INA section 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).\1\
---------------------------------------------------------------------------

    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002 (HSA), Public Law 107-
296, 116 Stat. 2135, any reference to the Attorney General in a 
provision of the INA describing functions transferred under the HSA 
from the DOJ to the DHS ``shall be deemed to refer to the 
Secretary'' of Homeland Security. See 6 U.S.C. 557 (2003) (codifying 
HSA, tit. XV, sec. 1517).
---------------------------------------------------------------------------

What authority does the Secretary have to extend the designation of 
Haiti for TPS?

    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate agencies of the government, must review the conditions in a 
foreign State designated for TPS to determine whether the conditions 
for the TPS designation continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that 
a foreign state continues to meet the conditions for TPS designation, 
the designation is extended for an additional 6 months (or in the 
Secretary's discretion for 12 or 18 months). See INA section 
244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If the Secretary determines that 
the foreign state no longer meets the conditions for TPS designation, 
the Secretary must terminate the designation. See INA section 
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

What is the Secretary's authority to redesignate Haiti for TPS?

    In addition to extending an existing TPS designation so that 
current beneficiaries may renew their TPS, the Secretary, after 
consultation with appropriate agencies of the government, may 
redesignate a country (or part thereof) for TPS. See INA section 
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 244(c)(1)(A)(i), 
8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been 
continuously physically present since the effective date of the most 
recent designation of the state'') (emphasis added). This is one of 
several instances in which the Secretary and, prior to the 
establishment of DHS, the Attorney General have simultaneously extended 
a country's TPS designation and redesignated the country for TPS. See, 
e.g., 69 FR 60168 (Oct. 7, 2004) (extension and redesignation for 
Sudan); 62 FR 16608 (Apr. 7, 1997) (extension and redesignation for 
Liberia).
    When the Secretary designates or redesignates a country for TPS, 
she also has the discretion to establish the date from which TPS 
applicants must demonstrate that they have been ``continuously 
resid[ing]'' in the United States. See INA section 244(c)(1)(A)(ii). 
This discretion permits her to tailor the ``continuous residence'' date 
to offer TPS protection to the group of individuals that she deems most 
appropriate.
    The Secretary has determined that the ``continuous residence'' date 
for applicants for Haiti TPS shall be changed from its original date of 
January 12, 2010, to January 12, 2011. See 75 FR 3476. Initial 
applicants for TPS under this redesignation must also show they have 
been ``continuously physically present'' in the United States since 
July 23, 2011, which is the effective date of the Secretary's most 
recent designation, or redesignation, of Haiti. See INA section 
244(c)(1)(A)(i). For each initial TPS application filed under the 
redesignation, the final determination whether the applicant has met 
the ``continuous physical presence'' requirement cannot be made until 
July 23, 2011. USCIS, however, will issue employment authorization 
documentation, as appropriate, during the registration period in 
accordance with 8 CFR 244.5(b).

Why is the Secretary extending the TPS designation for Haiti and 
simultaneously re-designating Haiti for TPS?

    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in Haiti. Based on this review, and 
after consulting with DOS, the Secretary has determined that an 18-
month extension of Haiti's TPS designation from July 23, 2011 through 
January 22, 2013, is warranted because the conditions prompting the 
original designation continue to be met. The Secretary has further 
determined that these same conditions in Haiti support redesignating 
Haiti for TPS under INA section 244(b)(1)(C) and changing the 
``continuous residence'' and ``continuous physical presence'' dates so 
as to continue affording TPS protection to eligible Haitians who 
arrived in the United States before January 12, 2010 and to extend TPS 
protection to eligible Haitians who arrived between January 12, 2010 
and January 12, 2011.
    The January 12, 2010 earthquake has exacerbated Haiti's position as 
the least-developed country in the Western Hemisphere and one of the 
poorest in the world. According to the Central Intelligence Agency 
World Factbook (last updated on September 22, 2010), 80 percent of 
Haiti's population is living below the poverty line. Per capita gross 
domestic product is now under $2 per day, and comparative social and 
economic indicators continue to decline. Low revenue collection rates 
by the Government of Haiti (GoH)--barely over 10 percent of gross 
domestic product--remain insufficient for Haiti to provide adequate 
social services and to invest in physical and human capital.
    According to the GoH, an estimated 230,000 people died and 
approximately three million were affected by the earthquake. In total, 
more than one million Haitians have been left homeless and are 
currently living in temporary camps. As of October 14, 2010, teams from 
international nongovernmental organizations (NGOs) and the GoH had 
conducted assessments of structures to determine habitability on 
297,569 buildings out of an estimated 350,000 to 400,000 buildings 
destroyed by the earthquake. Roughly half of those buildings assessed 
were deemed safe for habitation with another 26 percent deemed possibly 
safe with repairs conducted. Approximately 21 percent of assessed homes 
thus far have been deemed unsafe, requiring major repairs or 
demolition.
    Despite these assessments, DOS estimates that there are 
approximately 1,300 internally displaced persons (IDPs) camps in Haiti. 
Although statistical reports vary, the United Nations Children's Fund 
(UNICEF) reports that there are approximately 1.6 million IDPs, of 
which approximately 800,000 are children. The IDP camps are extremely 
crowded and are vulnerable to flooding, crime (including gender-based 
violence), and disease.
    International NGOs report that primary healthcare services are 
available at 160 fixed and mobile sites. Thirty-one percent of these 
sites are supported by USAID and the Office of U.S. Foreign Disaster 
Assistance. The current cholera outbreak in Haiti is evidence of the 
vulnerability of the public health sector of Haiti. Although 
statistical reports have varied, the GoH Ministry of Public Health and 
Population reported 199,497 cholera cases, including 112,656 
hospitalizations and 3,927 deaths. Health officials and aid 
organizations believe the outbreak may spread nationwide. In efforts to 
contain the outbreak, a network of cholera treatment centers has been 
created.
    Based on this review and after consultation with the appropriate 
Government agencies, the Secretary has determined that:
     The conditions that prompted the January 21, 2010 
designation of Haiti for TPS continue to be met. See INA sections 
244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).

[[Page 29002]]

     Nationals of Haiti (and persons without nationality who 
last habitually resided in Haiti) still cannot safely return to Haiti 
due to continued extraordinary and temporary conditions. See INA 
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
     It is not contrary to the national interest of the United 
States to permit aliens who meet the eligibility requirements for TPS 
to remain in the United States temporarily. See INA section 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
     The TPS designation of Haiti should be extended for an 
additional 18-month period from July 23, 2011 through January 22, 2013. 
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     Haiti should be simultaneously redesignated for TPS 
effective July 23, 2011 through January 22, 2013. See INA sections 
244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2).
     It is appropriate to change the date by which TPS 
applicants must demonstrate that they have continuously resided in the 
United States from January 12, 2010 to January 12, 2011.
     The date by which TPS applicants must demonstrate that 
they have been continuously physically present in the United States is 
July 23, 2011, the effective date of the redesignation of Haiti for 
TPS.
     There are approximately 47,000 current Haiti TPS 
beneficiaries who are expected to be eligible to re-register for TPS 
under the extension.
     It is estimated that approximately 10,000 additional 
individuals may be eligible for TPS under the redesignation of Haiti.

Why is the Secretary changing the ``continuous residence'' date from 
January 12, 2010 to January 12, 2011?

    In the aftermath of the earthquake in Haiti, additional Haitian 
nationals were lawfully admitted to the United States as nonimmigrants 
or were granted humanitarian parole for emergency reasons. As described 
in this notice, the devastating impact of the January 12, 2010 
earthquake continues to create extraordinary and temporary conditions 
that prevent aliens who are nationals of Haiti from safely returning to 
Haiti. Therefore, the Secretary has determined, in her discretion, that 
it is appropriate for DHS to extend TPS to eligible Haitians who 
arrived in the United States between January 12, 2010, and January 12, 
2011, so that they will not be subject to removal while in TPS and can 
obtain work authorization to support themselves until they are able to 
return safely to Haiti.

Notice of Extension of TPS for Haiti and Re-designation of Haiti for 
TPS through January 22, 2013

    By the authority vested in me as Secretary of Homeland Security 
under section 244 of the INA, 8 U.S.C. 1254a, I have determined, after 
consultation with the appropriate government agencies, that the 
conditions that prompted the original designation of Haiti for 
temporary protected status on January 21, 2010, continue to be met. See 
INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this 
determination, I am simultaneously extending the existing TPS 
designation of Haiti for 18 months from July 23, 2011 through January 
22, 2013, and redesignating Haiti for TPS for 18 months effective July 
23, 2011 through January 22, 2013. See INA sections 244(b)(1)(C) and 
(b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2). I am also changing the 
``continuous residence'' date from January 12, 2010 to January 12, 
2011. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii).

Janet Napolitano,
Secretary.

How do I know whether I should wait until May 23, 2011, to apply for 
re-registration under the extension of TPS or whether I should file an 
initial TPS application now under the re-designation of Haiti?

    Table 1 below will help you decide if you should file for re-
registration under the extension of TPS for Haiti or if you should file 
an initial application under the re-designation of Haiti for TPS.

          Table 1--Re-Registration Filing Versus Initial Filing
------------------------------------------------------------------------
           If . . .                 And . . .            Then . . .
------------------------------------------------------------------------
You filed a TPS application     Your application   You need to re-
 under the initial designation   was approved by    register under the
 of Haiti during the             May 19, 2011.      extension by filing
 registration period January                        a Form I-821
 21, 2010 through January 18,                       application and Form
 2011, or filed after January                       I-765 during the re-
 18 under the fee waiver cure..                     registration period
                                                    May 23, 2011 through
                                                    August 22, 2011.
You filed a TPS application     Your application   You do not yet have
 under the initial designation   is still pending   TPS and your pending
 of Haiti during the             as of May 19,      Form I-821 will be
 registration period January     2011.              treated as an
 21, 2010 through January 18,                       initial application
 2011, or filed after January                       under the
 18 under the fee waiver cure..                     redesignation. You
                                                    do not need to file
                                                    a new Form I-821.
                                                    Please see Table 2
                                                    to determine if you
                                                    need to file a new
                                                    Form I-765.
You filed a TPS application     Your application   You may be covered
 under the initial designation   was denied         under the re-
 of Haiti during the             before May 19,     designation and you
 registration period January     2011, and you      need to file an
 21, 2010 through January 18,    believe you may    initial application
 2011, or filed after January    be eligible for    during the
 18 under the fee waiver cure..  TPS under the      registration period
                                 redesignation.     May 19, 2011 through
                                                    November 15, 2011.
You never filed a TPS           You believe you    You may be covered
 application under the initial   may be eligible    under the re-
 designation of Haiti.           for TPS under      designation and you
                                 the                need to file an
                                 redesignation.     initial application
                                                    during the
                                                    registration period
                                                    May 19, 2011 through
                                                    November 15, 2011.
------------------------------------------------------------------------


[[Page 29003]]

I have been granted TPS. If the re-registration period does not begin 
until May 2011, does my current TPS continue through January 22, 2013?

    Although an individual's TPS continues until it is withdrawn or 
terminated, your TPS will be withdrawn if you fail to re-register 
during the May 23, 2011 through August 22, 2011 period, or if USCIS 
does not approve your re-registration application. The forthcoming 
Federal Register notice, to be published in May 2011, regarding re-
registration will explain the requirements, fees, and fee waiver 
procedures. Please do not submit your re-registration application 
before May 23rd or it will be rejected, and you will need to re-file 
when the re-registration period opens. Given the timeframes involved 
with processing TPS re-registration applications, and because the re-
registration period will not open until May 23, 2011, DHS recognizes 
the possibility that re-registrants may not receive new EADs until 
after their current EADs expire on July 22, 2011. Accordingly, the May 
2011 Federal Register notice explaining the re-registration procedures 
will also extend the validity of EADs issued under the original TPS 
designation of Haiti for an additional 6 months, through January 22, 
2012. That notice will provide further details for re-registration and 
explanations of the 6-month automatic extension of EADs that expire on 
July 22, 2011.

I have a pending TPS application filed during the original Haiti TPS 
registration period that ran from January 21, 2010 through January 18, 
2011. What should I do?

    If your TPS application is still pending on May 19, 2011, then you 
will not need to file a new Application for Temporary Protected Status, 
Form I-821. Pending TPS applications will be treated as initial 
applications under the re-designation. Therefore, if your TPS 
application is approved, you will be granted TPS through January 22, 
2013. If you have a pending TPS application and you wish to have an EAD 
valid through January 22, 2013, please look at Table 2 below to 
determine whether you should file a new Application for Employment 
Authorization, Form I-765. If you do need to file a new Form I-765, 
wait until the re-registration period opens May 23, 2011, before filing 
your application.

                           Table 2--EAD Information for Still Pending TPS Applications
----------------------------------------------------------------------------------------------------------------
               If . . .                       And . . .                Then . . .              But if . . .
----------------------------------------------------------------------------------------------------------------
You requested an EAD during the        You received an EAD      You must file a new      Your Form I-821 is
 original registration period for       with Category C19 or     Form I-765 with fee      denied before the re-
 Haiti TPS.                             A12.                     (or fee waiver           registration period
                                                                 request) during the re-  opens May 23, 2011,
                                                                 registration period      then DO NOT file a new
                                                                 that opens May 23,       Form I-765. If you
                                                                 2011 if you wish to      file a new Form I-765,
                                                                 have a new EAD valid     it will be denied due
                                                                 through January 22,      to the denial of your
                                                                 2013.                    Form I-821.
You requested an EAD during the        You did not receive an   You do not need to file  .......................
 original registration period for       EAD with Category C19    a new Form I-765. If
 Haiti TPS.                             or A12.                  your TPS application
                                                                 is approved, your Form
                                                                 I-765 will be approved
                                                                 through January 22,
                                                                 2013.
You did not request an EAD during the  You wish to have an EAD  You must file a new      Your Form I-821 is
 original registration period for       valid through January    Form I-765 with fee      denied before the re-
 Haiti TPS.                             22, 2013.                (or fee waiver           registration period
                                                                 request) during the re-  opens on May 23, 2011,
                                                                 registration period      then DO NOT file a new
                                                                 that opens May 23,       Form I-765. If you
                                                                 2011.                    file a new Form I-765,
                                                                                          it will be denied due
                                                                                          to the denial of your
                                                                                          Form I-821.
You did not request an EAD during the  You do not wish to have  You do not need to file  .......................
 original registration period.          an EAD valid through     a new Form I-765.
                                        January 22, 2013.
----------------------------------------------------------------------------------------------------------------

I am not a TPS beneficiary and I do not have a TPS application pending. 
What are the procedures for Initial Registration for TPS under the 
Redesignation?

    Individuals who do not yet have Haiti TPS or a pending application 
for TPS may submit their TPS applications during the 180-day initial 
registration period that will run from May 19, 2011 through November 
15, 2011.
    The remainder of this Federal Register notice provides the 
procedures for initial registration under the redesignation. The 
following procedures do not apply to individuals who have already been 
granted TPS under the original designation of Haiti. Re-registration 
procedures for current TPS beneficiaries will be announced in a 
subsequent Federal Register notice that will be published in May.

Required Application Forms and Application Fees To Register Initially 
for TPS

    To register for TPS for the first time, an applicant must submit:
    1. Application for Temporary Protected Status, Form I-821 and pay 
the Form I-821 application fee, which is $50, and
    2. Application for Employment Authorization, Form I-765.
     If you want an EAD, you must pay the Form I-765 fee only 
if you are age 14 through 65. No EAD fee is required if you are under 
the age of 14 or over the age of 65 and filing for initial TPS 
registration.
     You do not pay the Form I-765 fee if you are not 
requesting an EAD.

Individuals who are in removal proceedings will be provided an 
opportunity to apply for TPS in accordance with 8 CFR 244.7(d) and 
1244.7(d).

    You must submit both completed application forms together. If you 
are unable to pay, you may apply for application and/or biometrics fee 
waivers by completing Request for Fee Waiver, Form I-912, or submitting 
your own request for a fee waiver, and providing satisfactory 
supporting documentation. For more information on the application forms 
and

[[Page 29004]]

application fees for TPS, please visit the USCIS TPS Web page at http://www.uscis.gov/tps and click on Temporary Protected Status for Haiti. 
Fees for the Form I-821, Form I-765, and biometrics fee are also 
described in 8 CFR 103.7(b).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age or older. Those applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay, you may 
apply for a biometrics fee waiver by completing Form I-912 or your own 
request for a fee waiver, and providing satisfactory supporting 
documentation. For more information on the biometric services fee, 
please visit the USCIS Web site at http://www.uscis.gov.

Mailing Information

    Mail your application for TPS to the proper address in Table 3:

                        Table 3-Mailing Addresses
------------------------------------------------------------------------
                                                    For express mail and
                                For regular mail,    courier deliveries,
    If you live in . . .          send to . . .         send to . . .
 
------------------------------------------------------------------------
The state of Florida........  USCIS, P.O. Box       USCIS, Attn: Haiti
                               4464, Chicago, IL     TPS, 131 South
                               60680-4464.           Dearborn, 3rd
                                                     Floor, Chicago, IL
                                                     60603-5520.
The state of New York.......  USCIS, P.O. Box       USCIS, Attn: Haiti
                               660167, Dallas, TX    TPS, 2501 S. State
                               75266-0167.           Hwy. 121, Business,
                                                     Suite 400,
                                                     Lewisville, TX
                                                     75067.
All other states............  USCIS, P.O. Box       USCIS, Attn: Haiti
                               24047, Phoenix, AZ    TPS, 1820 E.
                               85074-4047.           Skyharbor Circle S,
                                                     Suite 100, Phoenix,
                                                     AZ 85034.
------------------------------------------------------------------------

E-Filing

    You cannot e-file your application when applying for initial 
registration for TPS. Please mail your application to the mailing 
address listed in Table 2 above.

Employment Authorization Document (EAD)

May I request an interim EAD at my local USCIS office?

    No. USCIS will not issue interim EADs to TPS applicants at local 
offices.

What documents may I show to my employer as proof of employment 
authorization and identity for Form I-9 (Employment Eligibility 
Verification form)?

    To complete Form I-9 for new hires, an employee must present his or 
her employer with proof of identity and employment authorization. For 
reverification, an employee needs to provide proof of continued 
employment authorization. Document choices are listed on the Lists of 
Acceptable Documents on page 5 of Form I-9. An EAD is listed as an 
acceptable document under ``List A.'' Therefore, TPS beneficiaries 
under this redesignation of Haiti who have timely registered with USCIS 
as directed under this notice and obtained an EAD may present their 
valid EAD to their employers as proof of employment authorization and 
identity. In the alternative, employees may present any other legally 
acceptable document or combination of documents listed on the Form I-9 
as proof of identity and employment authorization.
    Employers may not request proof of Haitian citizenship when 
completing Form I-9. Employers should accept a valid EAD so long as the 
EAD reasonably appears on its face to be genuine and to relate to the 
employee.

    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 rules 
setting forth reverification requirements. For questions, employers 
may call the USCIS Customer Assistance Office at 1-800-357-2099. 
Employers may also call DOJ's Office of Special Counsel for 
Immigration Related Unfair Employment Practices (OSC) Employer 
Hotline at 1-800-255-8155.


    Note to Employees: Employees or applicants may call the OSC 
Employee Hotline at 1-800-255-7688 for information regarding 
employment problems. Additional information is available on the OSC 
Web site at http://www.justice.gov/crt/osc/.


    Note Regarding State and Local Government Agencies (Such as 
Departments of Motor Vehicles): State and Local government agencies 
are permitted to create their own guidelines when granting certain 
benefits, such as a driver's license or an identification card. Each 
state may have different laws and requirements pertaining to the 
documents that may be used to prove eligibility for certain 
benefits. If you are applying for a state or local government 
benefit, you should take all documents that show that you are a TPS 
beneficiary to the state or local government agency. Examples are:
    (1) A copy of your Form I-821 Approval Notice (I-797), and
    (2) Your EAD that has a valid expiration date (if you have a 
TPS-based EAD).

[FR Doc. 2011-12440 Filed 5-18-11; 8:45 am]
BILLING CODE 9111-97-P