[Federal Register Volume 77, Number 84 (Tuesday, May 1, 2012)]
[Notices]
[Pages 25723-25728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10388]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2521-12; DHS Docket No. USCIS 2010-0010]
RIN 1615-ZB11
Extension and Redesignation of Somalia for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
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SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is both extending the existing designation of Somalia for
temporary protected status (TPS) for 18 months from September 18, 2012
through March 17, 2014, and redesignating Somalia for TPS for 18
months, effective September 18, 2012 through March 17, 2014. The
extension allows currently eligible TPS beneficiaries to retain their
TPS through March 17, 2014. The redesignation of Somalia allows
additional individuals who have been continuously residing in the
United States since May 1, 2012, to obtain TPS, if eligible. The
Secretary has determined that an extension is warranted because the
conditions in Somalia that prompted the TPS designation continue to be
met. There continues to be a substantial, but temporary, disruption of
living conditions in Somalia based upon ongoing armed conflict and
extraordinary and temporary conditions in that country that prevent
Somalis who now have TPS from safely returning.
This notice also sets forth procedures necessary for nationals of
Somalia (or aliens having no nationality who last habitually resided in
Somalia) to re-register under the extension if they already have TPS or
to submit an initial registration application under the redesignation,
and to file Applications for Employment Authorization (Forms I-765)
with U.S. Citizenship and Immigration Services (USCIS).
Under the redesignation, individuals who currently do not have TPS,
or a TPS application pending, may apply for TPS from May 1, 2012
through October 29, 2012. In addition to demonstrating continuous
residence in the United States since May 1, 2012, USCIS will determine
whether initial applicants for TPS under this redesignation have
demonstrated that they have been continuously physically present in the
United States since September 18, 2012, the effective date of the
redesignation of Somalia, before USCIS grants them TPS.
For individuals who have already been granted TPS under the Somalia
designation, the 60-day re-registration period will run from May 1,
2012 through July 2, 2012. USCIS will issue new Employment
Authorization Documents (EADs) with a March 17, 2014 expiration date to
eligible Somali TPS beneficiaries who timely re-register and apply for
EADs under this extension.
DATES: Extension of TPS: The 18-month extension of the TPS designation
of Somalia is effective September 18, 2012, and will remain in effect
through March 17, 2014. The 60-day re-registration period begins May 1,
2012 and will remain in effect until July 2, 2012.
Redesignation of Somalia for TPS: The redesignation of Somalia for
TPS is effective September 18, 2012, and will
[[Page 25724]]
remain in effect through March 17, 2014, a period of 18 months. The
initial registration period for new applicants under the Somalia TPS
re-designation will run from May 1, 2012 through October 29, 2012.
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 extension of Somalia for TPS and
redesignation of Somalia by selecting ``TPS Designated Country--
Somalia'' from the menu on the left of the TPS Web page.
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
Act--Immigration and Nationality Act
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
Government--U.S. Government
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
USCIS--U.S. Citizenship and Immigration Services
What is Temporary Protected Status (TPS)?
TPS is an immigration status granted to eligible nationals
of a country designated for TPS under the Act (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 may obtain work
authorization, so long as they continue to meet the requirements of TPS
status.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not lead to permanent resident
status.
When the Secretary of Homeland Security (Secretary)
terminates a country's TPS designation, beneficiaries return to the
same immigration status they maintained before TPS (unless that status
has since expired or been terminated) or to any other lawfully obtained
immigration status they received while registered for TPS.
When was Somalia designated for TPS?
On September 16, 1991, the Attorney General designated Somalia for
TPS based on extraordinary and temporary conditions resulting from
armed conflict. See 56 FR 46804. On September 4, 2001, the Attorney
General redesignated Somalia for TPS. See 66 FR 46288. The Secretary of
Homeland Security has extended Somalia's TPS designation several times
based on a determination that the conditions warranting the designation
have continued to be met. The last extension for Somalia was announced
on November 2, 2010. See 75 FR 67383. This announcement is the ninth
extension of TPS for Somalia since the redesignation and extension in
2001, and the second redesignation of Somalia for TPS since the
original designation in 1991.
What authority does the Secretary have to extend the designation of
Somalia for TPS?
Section 244(b)(1) of the Act, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate Government agencies, to
designate a foreign state (or part thereof) for TPS.\1\ The Secretary
may then grant TPS to eligible nationals of that foreign state (or
aliens having no nationality who last habitually resided in that
state). See section 244(a)(1)(A) of the Act, 8 U.S.C. 1254a(a)(1)(A).
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\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 Immigration and Nationality Act describing
functions transferred from the Department of Justice to the
Department of Homeland Security ``shall be deemed to refer to the
Secretary'' of Homeland Security. See 6 U.S.C. 557 (codifying HSA,
tit. XV, sec. 1517).
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At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, 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 section 244(b)(3)(A) of
the Act, 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 section 244(b)(3)(C)
of the Act, 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 section 244(b)(3)(B)
of the Act, 8 U.S.C. 1254a(b)(3)(B).
What is the Secretary's authority to redesignate Somalia for TPS?
In addition to extending an existing TPS designation, the
Secretary, after consultation with appropriate Government agencies, may
redesignate a country (or part thereof) for TPS. See section 244(b)(1)
of the Act, 8 U.S.C. 1254a(b)(1); see also section 244(c)(1)(A)(i) of
the Act, 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., 76 FR 29000 (May 19, 2011) (extension and redesignation for
Haiti); 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 section 244(c)(1)(A)(ii) of the
Act, 8 U.S.C. 1254a(c)(1)(A)(ii). This discretion permits the Secretary
to tailor the ``continuous residence'' date to offer TPS to the group
of eligible individuals that the Secretary deems appropriate.
The Secretary has determined that the ``continuous residence'' date
for applicants for TPS under the redesignation of Somalia shall be May
1, 2012. Initial applicants for TPS under this redesignation must also
show they have been ``continuously physically present'' in the United
States since September 18, 2012, which is the effective date of the
Secretary's most recent designation, or redesignation, of Somalia. See
section 244(c)(1)(A)(i) of
[[Page 25725]]
the Act, 8 U.S.C. 1254a(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 September 18, 2012. 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 Somalia and
simultaneously redesignating Somalia for TPS through March 17, 2014?
Over the past year, the Department of Homeland Security (DHS) and
the Department of State (DOS) have continued to review conditions in
Somalia. Based on this review and after consulting with DOS, the
Secretary has determined that an 18-month extension is warranted
because the armed conflict is ongoing, and the extraordinary and
temporary conditions that prompted the 2001 redesignation persist. The
Secretary has further determined that the conditions have not only
persisted, but have deteriorated in Somalia, supporting redesignating
Somalia for TPS under section 244(b)(1)(A) and (C) of the Act and
changing the ``continuous residence'' and ``continuous physical
presence'' dates.
Two decades of conflict in Somalia and the country's most severe
drought in 60 years have led to what has been referred to as the worst
humanitarian crisis in the world. During this reporting period of 2010
and 2011, the number of armed groups involved on both sides of the
conflict increased and the areas of intense conflict expanded. A
dramatic upsurge in violence and severe drought were related factors
contributing to famine experienced by six regions in south-central
Somalia during 2011. All these conditions led to a rise in civilian
deaths and population displacement, and left more than half the
population in need of humanitarian assistance. Distribution of
humanitarian aid increased significantly during 2011 and the
international community has doubled its pledge for humanitarian aid to
Somalia for 2012. However, the delivery of humanitarian aid continues
to be impeded by numerous factors, including piracy off the coast of
Somalia, difficulty accessing areas affected by seasonal flooding,
general insecurity, and most notably threats to aid workers and
restrictions on the presence and work of humanitarian agencies.
Conflict between the Transitional Federal Government (TFG) and
allied forces on one side and insurgent militias (including al-Shabaab)
on the other continued to result in high levels of civilian casualties
and population displacement. In early 2010, most of the country was in
the hands of Islamist insurgents, with the TFG supported by the African
Union Mission in Somalia (AMISOM) controlling only a few blocks of
Mogadishu. Human Rights Watch (HRW) reported continual fighting between
militant Islamist groups and the TFG raging in Mogadishu (Somalia's
capital) throughout 2010, with all parties conducting random attacks
causing high civilian casualties. HRW further reported that opposition
fighters deployed unlawfully in densely populated civilian
neighborhoods and at times used civilians as ``shields'' to fire
mortars at TFG and AMISOM. These attacks were conducted so
indiscriminately that they frequently destroyed civilian homes, but
rarely struck military targets. According to the United Nations (UN)
Secretary-General, by early November 2011, the TFG and AMISOM were
present across almost all 16 districts of Mogadishu, but many districts
remained insecure and terrorist attacks by al-Shabaab occurred almost
daily.
During 2010 and 2011, the conflict intensified outside of
Mogadishu. The UN Security Council reported that ``the relatively
stable northern regions of Puntland and Somaliland have suffered
increasing spillover from the conflict to the south in the form of
targeted killings and bombings.'' In late 2011, Kenya and Ethiopia
provided assistance to the TFG and deployed troops into the border
areas those countries share with Somalia to fight al-Shabaab.
An escalation in fighting contributed to high numbers of civilian
casualties. An estimated 2,200 civilians were killed in 2010. Around
1,400 civilians were killed in the first half of 2011. Between January
and July 2011 some 6,543 individuals were admitted to hospitals in
Mogadishu with ``weapon-related injuries.'' In addition to being caught
in the middle of fighting, civilians were also targeted by armed
groups. According to an August 2011 HRW report, all forces involved in
the fighting in Mogadishu ``have been responsible for serious
violations of international humanitarian law * * * [including]
indiscriminate attacks, extrajudicial killings, arbitrary arrests and
detention, and unlawful forced recruitment'' (including forced
recruitment of children by al-Shabaab).
Worsening conditions, famine, and conflict led to the displacement
of many people within and outside Somalia, with dire consequences for
the health and safety of those populations. By the end of 2011, there
were an estimated 1.5 million internally displaced people (IDP) within
Somalia. Approximately 470,000 Somalis fled to IDP camps at or near
Mogadishu. Makeshift IDP camps provided little access to humanitarian
aid and placed IDPs at risk of harassment by local militia groups. In
December 2011, the UN news agency Integrated Regional Information
Networks reported a sharp rise in the number of rapes reported in IDP
camps.
The number of Somalis fleeing to neighboring countries drastically
increased. The Office of the UN High Commissioner for Refugees (UNHCR)
reported that in 2011 new Somali refugee arrivals in neighboring
countries increased to 286,487, bringing the total number of Somali
refugees in the region to 944,692 as of November 2011. Approximately
1,500 refugees per day crossed the border from Somalia into Ethiopia
and Kenya at the peak of the famine. UNHCR expressed alarm at security
incidents targeting the refugee complex in Kenya, where four targeted
attacks took place between October and December 2011, including the
kidnapping of three aid workers.
Conflict, displacement, and factors related to food insecurity--
including severe drought, rising food prices, and restrictions on
humanitarian aid--were at the root of the ongoing humanitarian crisis
in Somalia during 2010 and 2011. In 2010, Amnesty International
reported that the threat of piracy, insecurity, restrictions on
movement and operations of aid agencies, and corruption were factors
that hampered delivery of humanitarian aid to populations in need.
In July 2011 the UN declared a state of famine in parts of southern
Somalia. According to the UN Office for the Coordination of
Humanitarian Affairs (OCHA), by the second half of 2011, tens of
thousands had died from famine. In August 2011, OCHA reported that
``Somalia is currently facing the most serious food and nutrition
crisis in the world in terms of both scale and severity.'' During this
reporting period of 2010 and 2011, Somalia had the highest malnutrition
rates in the world. According to the UN Food Security and Nutrition
Analysis Unit, 450,000 children were acutely malnourished throughout
the country. Only 30 percent of Somalis had access to safe water, the
lowest rate globally. Furthermore, food prices had drastically
increased in 2011. Local cereal prices in the south had increased 270
percent in some areas. Additionally, local food shortages, an increase
in global oil and food prices, and piracy had contributed to an
[[Page 25726]]
average increase of 29 percent on all imported commodities. By the end
of 2011, the UN reported that an estimated four million Somalis were in
urgent need of food aid, humanitarian aid, and other assistance--more
than half the country's population; three million of those were in
crisis, and 250,000 were suffering from famine and were at risk of
starvation.
Despite the humanitarian crisis, al-Shabaab blocked aid
distribution. TFG troops reportedly complicated aid distribution by
stealing aid. Reports described blanket prohibition on humanitarian aid
in al-Shabaab-controlled areas; and in late November 2011, al-Shabaab
announced a ban on the operations of 16 relief organizations, including
the UN Children's Fund, the World Health Organization and several UN
agencies inside Somalia. This ban created concerns about renewed food
insecurity and severe malnutrition. It also endangers the ability of
Somali people in such areas to recover from the famine, rebuild
community resilience, and build reserves for future adverse weather
events.
Somalia currently does not have a national government capable of
providing a minimum level of human security and law and order for its
citizens, and public security is unstable in many parts of Somalia. The
TFG has little or no presence outside of Mogadishu, and has limited
capacity to provide normal government services in the areas it does
control. The TFG's capacity to process, accommodate, and provide
assistance to returnees is extremely limited. Somalia faces an
uncertain political future as the TFG's mandate is scheduled to end in
August 2012.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the September 4, 2001
redesignation of Somalia for TPS continue to be met. See section
244(b)(3)(A) and (C) of the Act, 8 U.S.C. 1254a(b)(3)(A) and (C).
There continues to be an ongoing armed conflict and
extraordinary and temporary conditions in Somalia that prevent Somali
nationals from returning to Somalia in safety. See section 244(b)(1)(A)
and (C) of the Act, 8 U.S.C. 1254a(b)(1)(A) and (C).
It is not contrary to the national interest of the United
States to permit Somalis (and persons who have no nationality who last
habitually resided in Somalia) who meet the eligibility requirements of
TPS to remain in the United States temporarily. See section
244(b)(1)(C) of the Act, 8 U.S.C. 1254a(b)(1)(C).
The designation of Somalia for TPS should be extended for
an additional 18-month period from September 18, 2012 through March 17,
2014. See section 244(b)(3)(C) of the Act, 8 U.S.C. 1254a(b)(3)(C).
Since the conditions in Somalia have significantly
deteriorated which further prevents the safe return of Somali nationals
(and persons with no nationality who last habitually resided in
Somalia), Somalia should be simultaneously redesignated for TPS
effective September 18, 2012 through March 17, 2014. See section
244(b)(1)(A) and (C) and (b)(2) of the Act, 8 U.S.C. 1254a(b)(1)(A) and
(C) and (b)(2).
For the redesignation, the Secretary has determined that
TPS applicants must demonstrate that they have continuously resided in
the United States since May 1, 2012.
The date by which TPS applicants must demonstrate that
they have been continuously physically present in the United States is
September 18, 2012, the effective date of the redesignation of Somalia
for TPS.
There are approximately 250 current Somalia TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
It is estimated that fewer than 1,000 additional
individuals may be eligible for TPS under the redesignation of Somalia.
This population includes potentially eligible Somalis who have limited
time remaining as nonimmigrants or who have no other status.
Notice of Extension of the TPS Designation of Somalia and Redesignation
of Somalia for TPS
By the authority vested in me as Secretary under section 244 of the
Act, 8 U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, that the conditions that prompted the
redesignation of Somalia for temporary protected status on September 4,
2001, not only continue to be met but have significantly deteriorated.
See section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the
basis of this determination, I am simultaneously extending the existing
TPS designation of Somalia for 18 months from September 18, 2012
through March 17, 2014, and redesignating Somalia for TPS for 18 months
effective September 18, 2012 through March 17, 2014. See section
244(b)(1)(A) and (C) and (b)(2) of the Act, 8 U.S.C. 1254a(b)(1)(A) and
(C) and (b)(2). I have also determined that under the redesignation
eligible individuals must have continuously resided in the United
States since May 1, 2012. See section 244(c)(1)(A)(ii) of the Act, 8
U.S.C. 1254a(c)(1)(A)(ii).
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees To Register or Re-
Register for TPS
To register or re-register for TPS for Somalia, an applicant must
submit:
1. Application for Temporary Protected Status, Form I-821,
If you are filing an initial application, you must pay the
Form I-821 fee. See 8 CFR 244.2(f)(1) and 244.6 and information on
initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
If you are filing a re-registration, you do not need to
pay the Form I-821 fee. See 8 CFR 244.17; and
2. Application for Employment Authorization, Form I-765.
If you are applying for initial registration and 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 applying for initial registration.
If you are applying for re-registration, you must pay the
Form I-765 application fee only if you want an EAD.
You do not pay the Form I-765 fee if you are not
requesting an EAD, regardless of whether you are applying for initial
registration or re-registration.
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 a Request for Fee Waiver (Form I-912) or
submitting a personal letter requesting a fee waiver, and providing
satisfactory supporting documentation. For more information on the
application forms and fees for TPS, please visit the USCIS TPS Web page
at http://www.uscis.gov/tps. Fees for Form I-821, Form I-765, and
biometric services 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 a Form I-912, or by
submitting a personal letter requesting a fee waiver, and providing
satisfactory supporting documentation. For more information on the
biometric
[[Page 25727]]
services fee, please visit the USCIS Web site at http://www.uscis.gov.
If necessary, you may be required to visit an Application Support
Center to have your biometrics captured.
Re-Filing an Initial TPS Application After Receiving a Denial of a Fee
Waiver Request
If you request a fee waiver when filing your TPS and EAD
application forms and your request is denied, you may re-file your
application packet with the correct fees before the filing deadline
October 29, 2012. If you attempt to submit your application with a fee
waiver request before the initial filing deadline, but you receive your
application back with the USCIS fee waiver denial, and there are fewer
than 45 days before the filing deadline (or the deadline has passed),
you may still refile your application within the 45-day period after
the date on the USCIS fee waiver denial notice. Your application will
not be rejected even if the deadline has passed, provided it is mailed
within those 45 days and all other required information for the
application is included. Note: If you wish, you may also wait to
request an EAD and pay the EAD application fee at a later time after
USCIS grants you TPS, if you are found eligible.
Re-Filing a Re-Registration TPS Application After Receiving a Denial of
a Fee Waiver Request
USCIS urges all re-registering applicants to file as soon as
possible within the 60-day re-registration period so that USCIS can
promptly process the applications and issue EADs. Filing early will
also allow those applicants who may receive denials of their fee waiver
requests to have time to re-file their applications before the re-
registration deadline. If, however, an applicant receives a denial of
his or her fee waiver request and is unable to refile by the re-
registration deadline, the applicant may still refile his or her
application. This situation will be reviewed under good cause for late
re-registration. However, applicants are urged to re-file within 45
days of the date on their USCIS fee waiver denial notice, if at all
possible. See section 244(c)(3)(C) of the Act; 8 U.S.C. 1254a(c)(3)(C);
8 CFR 244.17(c). For more information on good cause for late re-
registration, visit the USCIS TPS Web page at http://www.uscis.gov/tps.
Note: Although, as stated above, a re-registering TPS beneficiary age
14 and older must pay the biometrics fee (but not the initial TPS
application fee) upon filing a TPS re-registration application, the
applicant may wish to wait to request an EAD and pay the EAD
application fee after USCIS has approved the individual's TPS re-
registration, if he or she is eligible.
Mailing Information
Mail your application for TPS to the proper address in Table 1:
Table 1--Mailing Address
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If . . . Mail to . . .
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You are applying for a re-registration U.S. Postal Service: USCIS,
or applying for an initial Attn: TPS Somalia, P.O. Box
registration: 6943, Chicago, IL 60680-6943.
Non-U.S. Postal Delivery
Service: USCIS, Attn: TPS
Somalia, 131 S. Dearborn--3rd
Floor, Chicago, IL 60603-5517.
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If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA), and you wish to request an EAD or are re-
registering for the first time following a grant by the IJ or BIA,
please mail your application to the address in Table 1 above. Upon
receiving a Receipt Notice from USCIS, please send an email to
TPSijgrant.vsc@uscis.dhs.gov with the receipt number and stating that
you submitted a re-registration and/or request for an EAD based on an
IJ/BIA grant of TPS. You can find detailed information on what further
information you need to email and email addresses on the USCIS TPS Web
page at http://www.uscis.gov/tps.
E-Filing
You cannot electronically file your application when registering or
re-registering for Somalia TPS. Please mail your application to the
mailing address listed in Table 1 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 and re-
registrants at local offices.
Will my current EAD that is set to expire on September 17, 2012, be
automatically extended for six months?
No. This notice does not automatically extend previously issued
EADs. DHS has announced the extension of the TPS designation of Somalia
and established the re-registration period at an early date to allow
sufficient time for USCIS to process EAD requests prior to the
September 17, 2012 expiration date. You must apply during the 60-day
re-registration period. Failure to apply for TPS during the re-
registration period without good cause may result in gaps in work
authorization. DHS strongly encourages you to apply as early as
possible within the re-registration period.
When hired, what documentation may I show to my employer as proof of
employment authorization and identity when completing Employment
Eligibility Verification, Form I-9?
You can find a list of acceptable document choices on page 5 of the
Employment Eligibility Verification, Form I-9. Employers are required
to verify the identity and employment authorization of all new
employees by using Form I-9. Within three days of hire, an employee
must present proof of identity and employment authorization to his or
her employer.
You may present any document from List A (reflecting both your
identity and employment authorization), or one document from List B
(reflecting identity) together with one document from List C
(reflecting employment authorization). An EAD is an acceptable document
under ``List A.'' Employers may not reject a document based on a future
expiration date.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?
You must present any document from List A or any document from List
C on
[[Page 25728]]
Form I-9 to reverify employment authorization. Employers are required
to reverify on Form I-9 the employment authorization of current
employees upon the expiration of a TPS-related EAD but may not specify
which List A or List C document employees must present. USCIS
anticipates that it will be able to process and issue new EADs for
existing TPS Somalia beneficiaries before their current EADs expire on
September 17, 2012. However, re-registering beneficiaries are
encouraged to file as early as possible within the 60-day re-
registration period to help ensure that they receive their EADs
promptly.
Can my employer require that I produce any other documentation to prove
my status, such as proof of my Somali citizenship?
No. When completing the Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the lists of acceptable documentation, and that reasonably appears to
be genuine and that relates to you. Employers may not request specific
documentation, regardless of whether it does or does not appear on the
Form I-9. Therefore, employers may not request proof of Somali
citizenship when completing Form I-9 for new hires or reverifying the
employment authorization of current employees. If presented with EADs
that are unexpired on their face, employers should accept such EADs as
valid ``List A'' documents so long as the EADs reasonably appear to be
genuine and to relate to the employee. See below for important
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or based on your national origin.
Note to All Employers
Employers are reminded that the laws requiring proper 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 general questions about the employment eligibility
verification process, employers may call the USCIS Customer Assistance
Office at 1-800-357-2099. The USCIS Customer Assistance Office accepts
calls in English and Spanish only. For questions about avoiding
discrimination during the employment eligibility verification process,
employers may call the Department of Justice (DOJ) Office of Special
Counsel for Immigration-Related Unfair Employment Practices (OSC)
Employer Hotline at 1-800-255-8155, which offers language
interpretation in numerous languages.
Note to Employees
Employees or applicants may call the DOJ OSC Worker Information
Hotline at 1-800-255-7688 (TDD for the hearing impaired is at
1[hyphen]800[hyphen]237-2515) for information regarding employment
discrimination based on citizenship or immigration status, or based on
national origin, or for information regarding discrimination related to
the Form I-9 and E-Verify. Language interpretation is available in
numerous languages. In order to comply with the law, employers must
accept any document or combination of documents acceptable for Form I-9
completion if the documentation reasonably appears to be genuine and to
relate to the employee. Employers may not require extra or additional
documentation beyond what is required for Form I-9 completion. Further,
employees who receive an initial mismatch in E-Verify must be given an
opportunity to challenge the mismatch, and employers are prohibited
from taking adverse action against such employees based on the initial
mismatch unless and until E-Verify returns a final non-confirmation.
For example, employers must allow employees challenging their
mismatches to continue to work without any delay in start date or
training, and without any change in hours or pay while the final E-
Verify determination remains pending. Additional information is
available on the OSC Web site at http://www.justice.gov/crt/about/osc/.
Note Regarding Federal, 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. Each state may have
different laws, requirements, and determinations about what documents
you need to provide to prove eligibility for certain benefits. If you
are applying for a state or local government benefit, you may need to
provide the state or local government agency with documents that show
you are a TPS beneficiary and/or show you are authorized to work based
on TPS. Examples are:
(1) Your EAD that has a valid expiration date;
(2) A copy of your Application for Temporary Protected Status, Form
I-821 Receipt Notice (Form I-797) for this re-registration;
(3) A copy of your past or current Form I-821 Approval Notice (Form
I-797), if you receive one from USCIS.
Check with the state or local agency regarding which document(s)
the agency will accept. You may also provide the agency with a copy of
this notice.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (SAVE) to verify the current
immigration status of applicants for public benefits. If such an agency
has denied your application based solely or in part on a SAVE response
following completion of all required SAVE verification steps, the
agency must offer you the opportunity to appeal the decision in
accordance with the agency's procedures. If the agency has completed
all SAVE verification and you do not believe the response is correct,
you may make an Info Pass appointment for an in-person interview at a
local USCIS office. Detailed information on how to make corrections,
make an appointment, or submit a written request can be found at the
SAVE Web site at www.uscis.gov/save, then by choosing ``How to Correct
Your Records'' from the menu on the right.
[FR Doc. 2012-10388 Filed 4-30-12; 8:45 am]
BILLING CODE 9111-97-P