[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Pages 59943-59948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23826]
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DEPARTMENT OF HOMELAND SECURITY
[CIS No. 2524-12; DHS Docket No. USCIS-2012-0009]
RIN 1615-ZB14
Extension of the Designation of Haiti 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 extending the designation of Haiti for Temporary
Protected Status (TPS) for 18 months from January 23, 2013 through July
22, 2014. The extension allows currently eligible TPS beneficiaries to
retain TPS through July 22, 2014. The Secretary has determined that an
extension is warranted because the conditions in Haiti that prompted
the initial 2010 TPS designation and the 2011 redesignation continue to
be met. There continue to be extraordinary and temporary conditions in
Haiti resulting from the devastating effects of the January 2010
earthquake that prevent Haitians from returning to their country in
safety. Permitting eligible Haitians to remain temporarily in the
United States is not contrary to the national interest of the United
States.
This notice also sets forth procedures necessary for nationals of
Haiti (or aliens having no nationality who last habitually resided in
Haiti) to re-register for TPS and to apply for renewal of their
Employment Authorization Documents (EADs) with U.S. Citizenship and
Immigration Services (USCIS). Re-registration is limited to persons who
have previously registered for TPS under the designation of Haiti and
whose applications have been granted. Certain nationals of Haiti (or
aliens having no nationality who last habitually resided in Haiti) who
have not previously applied for TPS may be eligible to apply under the
late initial registration provisions, if they meet: (1) At least one of
the late initial filing criteria and (2) all TPS eligibility criteria
(including continuous residence in the United States since January 12,
2011, and continuous physical presence in the United States since July
23, 2011).
USCIS will issue new EADs with a July 22, 2014 expiration date to
eligible Haitian TPS beneficiaries who timely re-register and apply for
EADs under this extension. Given the timeframes involved with
processing TPS re-registration applications, the Department of Homeland
Security (DHS) recognizes that all re-registrants may not receive new
EADs until after their current EADs expire on January 22, 2013.
Accordingly, this Notice automatically extends the validity of EADs
issued under the TPS designation of Haiti for 6 months, from January
22, 2013 through July 22, 2013, and explains how TPS beneficiaries and
their employers may determine which EADs are automatically extended and
their impact on the Employment Eligibility Verification (Form I-9) and
E-Verify processes.
DATES: The 18-month extension of the TPS designation of Haiti is
effective January 23, 2013, and will remain in effect through July 22,
2014. The 60-day re-registration period begins October 1, 2012 and will
remain in effect until November 30, 2012.
FOR FURTHER INFORMATION CONTACT:
For further information on TPS, including guidance on the
application process and additional information on eligibility
(including eligibility for late initial registration), please visit the
USCIS TPS Web page at http://www.uscis.gov/tps. The general TPS Web
page has detailed information on filing and eligibility requirements.
You can find specific information about this extension of Haiti for TPS
by selecting ``TPS Designated Country: Haiti'' from the menu on the
left of the TPS Web page. You can obtain information in French or
Creole by selecting the language from the menu on the right from the
TPS Haiti-specific Web page.
You can also contact the TPS Operations Program Manager at
the 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). Service is
available in English and Spanish only.
Further information will also be available at local USCIS
offices upon publication of this notice.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
Government--U.S. Government
HNP--Haitian National Police
IDP--Internally Displaced Persons
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices
PAHO--Pan American Health Organization
Secretary--Secretary of Homeland Security
SAVE--USCIS Systematic Alien Verification for Entitlements Program
TPS--Temporary Protected Status
UN--United Nations
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 Immigration and Nationality
Act (INA), 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
[[Page 59944]]
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 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 Haiti designated for TPS?
On January 22, 2010, the Secretary designated Haiti for TPS based
on extraordinary and temporary conditions within the country,
specifically the effects of the 7.0-magnitude earthquake that occurred
January 12, 2010. See 75 FR 3476. In 2011, the Secretary extended
Haiti's designation and redesignated Haiti for TPS for 18 months
through January 22, 2013. See 76 FR 29000 (May 19, 2011). This
announcement is the second extension of TPS for Haiti since the
original designation in January 2010.
What authority does the Secretary have to extend the designation of
Haiti for TPS?
Section 244(b)(1) of the INA, 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 INA, 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 INA 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 INA, 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 INA, 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 INA, 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for Haiti for TPS
through July 22, 2014?
Over the past year, the Department of Homeland Security (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 is warranted
because the extraordinary and temporary conditions that prompted the
original January 2010 TPS designation and the July 2011 extension and
redesignation persist.
The January 12, 2010 earthquake that struck Haiti caused extensive
damage to infrastructure, public health, agriculture, transportation,
and educational facilities. A coordinated international effort and
strong partnership with the Haitian people resulted in emergency
response activities that saved lives and laid a foundation for Haiti to
rebuild. However, many of the conditions prompting the original January
2010 TPS designation and the July 2011 extension and redesignation
persist.
Haitian government estimates of the death toll caused by the
earthquake have ranged from 230,000 to over 300,000 people. The
Government of Haiti further estimated that more than 1,000,000 people
were displaced within the Port-au-Prince metropolitan area. Destruction
from the earthquake rose to catastrophic levels due to Haiti's already
weak infrastructure, as the government struggled to provide minimum
basic services even prior to the earthquake.
Security in Haiti remains a concern as progress toward a return to
country conditions before the January 2010 earthquake has been slow.
The earthquake killed 77 officers of the Haitian National Police (HNP),
injured 253 officers, and destroyed or severely damaged 45 HNP stations
and substations. The earthquake destroyed 13 of the 15 ministry
buildings and 180 other government buildings, including the National
Palace. In addition to devastating the center of government, damage
from the earthquake paralyzed the economic center as well. Some 30,000
commercial buildings suffered severe damage, collapsed, or were
expected to be demolished. Political instability, including the
resignation of Prime Minister Conille, had also hampered the
reconstruction process. Without the Government of Haiti's authority to
fully engage in development decisions, the reconstruction process was
at a standstill. However, a new Prime Minister and cabinet are now in
place.
Following the January 2010 earthquake, more than 1,000,000 Haitians
were left homeless and living in temporary camps. In early 2012,
approximately 500,000 people continued to live in internally displaced
persons (IDP) camps, which are vulnerable to flooding, disease, crime,
and gender-based violence. Alternative housing options are lacking.
Severely damaged infrastructure remains unrepaired, disrupting the
informal businesses on which the economy is based. Rubble continues to
impede recovery efforts. By some estimates, the amount of debris in
Port-au-Prince alone after the earthquake was about 33,000,000 cubic
yards. The scale of the damage, level of displacement, low funding, and
the lack of a government housing reconstruction policy have all impeded
reconstruction efforts.
Poor camp conditions were exacerbated by steady rains in October
2010, which led to flooding and contributed to a deadly cholera
outbreak. According to the Haitian Ministry of Health, as of May 1,
2012, there have been an estimated 532,192 cholera cases and 7,060
associated deaths since October 2010. The Pan American Health
Organization (PAHO) warns that 200,000 to 250,000 people could contract
the disease during the April to November 2012 rainy season.
Food security continues to be a problem 2 years after the
earthquake, although much progress has been made. The quality of
drinking water in the camps has remained stable since January 2012
according to the National Directorate for Potable Water and Sanitation
of the Republic of Haiti. A survey conducted at 433 sites showed that
roughly 63 percent of the camp population is drinking chlorinated
water. Despite this promising number, camp sanitation remains a
concern.
Children are a particularly vulnerable population in Haiti. Of the
661,000 displaced persons outside of Port-au-Prince six months after
the quake, roughly half were estimated to be children. The Ministry of
Education in Haiti estimated that 80 percent of the schools west of the
capital were destroyed or severely damaged in the earthquake. The
Ministry further estimated that some 35 to 40 percent of
[[Page 59945]]
schools in the southeast were destroyed, rendering the total number of
schools destroyed or severely damaged as high as 5,000.
The 2010 earthquake exacerbated Haiti's position as the poorest
nation in the Western Hemisphere and one of the poorest nations in the
world. Given the risk of contracting cholera, unsafe living conditions
in IDP camps, damaged infrastructure, and a shortage of permanent
shelter, it is unsafe for Haitians currently in the United States with
TPS to return home. While the situation has improved, the effects of
the earthquake continue to reverberate in Haiti.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the July 23, 2011 extension
and redesignation of Haiti for TPS continue to be met. See section
244(b)(3)(A) and (C) of the INA, 8 U.S.C. 1254a(b)(3)(A) and (C).
There continue to be extraordinary and temporary
conditions in Haiti that prevent Haitian nationals from returning to
Haiti in safety. See section 244(b)(1)(C) of the INA, 8 U.S.C.
1254a(b)(1)(C).
It is not contrary to the national interest of the United
States to permit Haitians (and persons who have no nationality who last
habitually resided in Haiti) who meet the eligibility requirements of
TPS to remain in the United States temporarily. See section
244(b)(1)(C) of the INA, 8 U.S.C. 1254a(b)(1)(C).
The designation of Haiti for TPS should be extended for an
additional 18-month period from January 23, 2013 through July 22, 2014.
See section 244(b)(3)(C) of the INA, 8 U.S.C. 1254a(b)(3)(C).
There are approximately 60,000 current Haiti TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
Notice of Extension of the TPS Designation of Haiti
By the authority vested in me as Secretary 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
redesignation of Haiti for TPS on July 23, 2011 continue to be met. See
section 244(b)(3)(A) of the INA, 8 U.S.C. 1254a(b)(3)(A). On the basis
of this determination, I am extending the existing TPS designation of
Haiti for 18 months from January 23, 2013 through July 22, 2014.
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees To Register or Re-
register for TPS
To register or re-register for TPS for Haiti, an applicant must
submit each of the following two applications:
1. Application for Temporary Protected Status (Form I-821).
You only need to pay the Application for Temporary
Protected Status (Form I-821) application fee if you are filing an
application for late initial registration. See 8 CFR 244.2(f)(2) and
information on late initial filing on the USCIS TPS Web page at
www.uscis.gov/tps.
You do not need to pay the Application for Temporary
Protected Status (Form I-821) fee for a re-registration;
and
2. Application for Employment Authorization (Form I-765).
If you are applying for re-registration, you must pay the
Application for Employment Authorization (Form I-765) fee only if you
want an EAD.
If you are applying for late initial registration and want
an EAD, you must pay the Application for Employment Authorization (Form
I-765) fee only if you are age 14 through 65. No Application for
Employment Authorization (Form I-765) fee is required if you are under
the age of 14 or over the age of 65 and applying for late initial
registration.
You do not pay the Application for Employment
Authorization (Form I-765) fee if you are not requesting an EAD,
regardless of whether you are applying for re-registration or are
filing a late initial registration.
You must submit both completed application forms together. If you
are unable to pay for the application and/or biometrics fee, you may
apply for a fee waiver by completing a Request for Fee Waiver (Form I-
912) or submitting a personal letter requesting a fee waiver, and by
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 Application for
Temporary Protected Status (Form I-821), Application for Employment
Authorization (Form I-765), and biometric services are also described
in 8 CFR 103.7(b)(1)(i).
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 for the
biometric services fee, you may apply for a fee waiver by completing a
Request for Fee Waiver (Form I-912) or by submitting a personal letter
requesting 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. If necessary,
you may be required to visit an Application Support Center to have your
biometrics captured.
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 re-file by the re-
registration deadline, the applicant may still re-file 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 INA; 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: As previously stated, although a re-registering TPS beneficiary
age 14 and older must pay the biometric services fee (but not the
initial TPS application fee) when filing a TPS re-registration
application, the applicant may decide to wait to request an EAD and pay
the Application for Employment Authorization (Form I-765) 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:
[[Page 59946]]
Table 1--Mailing Address
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For regular mail using the U.S. Postal For delivery services other than the
If you live in . . . Service, send to . . . U.S. Postal Service, send to . . .
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The State of Florida............ USCIS, P.O. Box 4464, Chicago, IL USCIS, Attn: TPS Haiti, 131 S.
60680-4464. Dearborn 3rd Floor, Chicago, IL 60603-
5517.
The State of New York........... USCIS, P.O. Box 660167, Dallas, TX USCIS, Attn: TPS Haiti, 2501 S. State
75266-0167. Hwy. 121, Business, Suite 400,
Lewisville, TX 75067.
Any other state................. USCIS, P.O. Box 24047, Phoenix, AZ USCIS, Attn: TPS Haiti, 1820 E.
85074-4047. Skyharbor Circle S, Suite 100,
Phoenix, AZ 85034.
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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 of TPS by the IJ or
BIA, please mail your application to the appropriate address in Table 1
above. Upon receiving a Receipt Notice from USCIS, please send an email
to the appropriate USCIS Service Center handling your application
providing 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.
If your USCIS receipt number begins with the letters ``LIN'', please
email the Nebraska Service Center at [email protected]. If
your USCIS receipt number begins with the letters ``WAC'', please email
the California Service Center at [email protected]. You can
find detailed information on what further information you need to email
and the 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 Haiti 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.
Am I eligible to receive an automatic 6-month extension of my current
EAD from January 22, 2013 through July 22, 2013?
Provided that you currently have TPS under the Haiti designation,
this notice automatically extends your EAD by 6 months if you:
Are a national of Haiti (or an alien having no nationality
who last habitually resided in Haiti);
Received an EAD under the last extension or re-designation
of TPS for Haiti; and
Have an EAD with a marked expiration date of January 22,
2013, bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.''
Although your EAD is automatically extended through July 22, 2013
by this notice, you must re-register timely for TPS in accordance with
the procedures described in this notice if you would like to maintain
your TPS.
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 the ``Lists
of Acceptable Documents'' for Employment Eligibility Verification (Form
I-9). You can find additional detailed information on the USCIS I-9
Central Web page at http://www.uscis.gov/I-9Central. Employers are
required to verify the identity and employment authorization of all new
employees by using Employment Eligibility Verification (Form I-9).
Within 3 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) on the Employment Eligibility
Verification (Form I-9). An EAD is an acceptable document under ``List
A.'' Employers may not reject a document based upon a future expiration
date.
If your EAD has an expiration date of January 22, 2013, and states
``A-12'' or ``C-19'' under ``Category'', it has been extended
automatically for 6 months by virtue of this Federal Register notice,
and you may choose to present your EAD to your employer as proof of
identity and employment authorization for Employment Eligibility
Verification (Form I-9) through July 22, 2013 (see the subsection below
titled ``How do I and my employer complete the Employment Eligibility
Verification (Form I-9) (i.e., verification) using an automatically
extended EAD for a new job?'' for further information). To minimize
confusion over this extension at the time of hire, you may also show
your employer a copy of this Federal Register notice confirming the
automatic extension of employment authorization through July 22, 2013.
As an alternative to presenting your automatically extended EAD, you
may choose to present any other acceptable document from List A, or
List B plus List C.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?
Even though EADs with an expiration date of January 22, 2013, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended for 6 months by virtue of this Federal Register notice, your
employer will need to ask you about your continued employment
authorization once January 22, 2013 is reached in order to meet its
responsibilities for Employment Eligibility Verification (Form I-9).
However, your employer does not need a new document in order to
reverify your employment authorization until after July 22, 2013.
Instead, you and your employer must make corrections to the employment
authorization expiration dates in section 1 and section 2 of the
Employment Eligibility Verification (Form I-9) (see the subsection
below titled ``What corrections should I and my employer at my current
job make to the Employment Eligibility Verification (Form I-9) if my
EAD has been automatically extended?'' for further information). In
addition, you may also show this Federal Register notice to your
employer to avoid confusion about what to do for the Form I-9.
After July 22, 2013, when the automatic extension expires, your
[[Page 59947]]
employer must reverify your employment authorization. You may show any
document from List A or List C on the Employment Eligibility
Verification (Form I-9) to satisfy this reverification requirement.
Your employer is required to reverify on the Employment Eligibility
Verification (Form I-9) your continued employment authorization upon
the July 22, 2013 expiration of your TPS-related EAD but may not
specify which List A or List C document you must present. Employers
reverify either in Section 3 of the Form I-9 originally completed or,
if this section has already been completed or if the version of Form I-
9 is no longer valid, in Section 3 of a new Form I-9 using the most
current version.
What happens after July 22, 2013 for purposes of employment
authorization?
After July 22, 2013, employers may no longer accept the EADs that
this Federal Register notice automatically extended. However, before
that time, USCIS will issue new EADs to TPS re-registrants. These new
EADs will have an expiration date of July 22, 2014 and can be presented
to your employer for completion of Employment Eligibility Verification
(Form I-9). Alternatively, you may choose to present any other legally
acceptable document or combination of documents listed on the
Employment Eligibility Verification (Form I-9).
How do I and my employer complete the Employment Eligibility
Verification (Form I-9) (i.e., verification) using an automatically
extended EAD for a new job?
When using an automatically extended EAD to fill out the Employment
Eligibility Verification (Form I-9) for a new job prior to July 22,
2013, you and your employer should do the following:
(1) For Section 1, you should:
a. Check ``An alien authorized to work'';
b. Write your alien number (USCIS number or A-number) in the first
space (your EAD or other document from DHS will have your USCIS number
or A-number printed on it; the USCIS Number is the same as your A-
number without the A prefix); and
c. Write the automatic extension date (July 22, 2013) in the second
space.
(2) For Section 2, employers should record the:
a. Document title;
b. Document number; and
c. Automatically extended EAD expiration date (July 22, 2013).
After July 22, 2013, employers must reverify the employee's
employment authorization in Section 3 of the Employment Eligibility
Verification (Form I-9).
What corrections should my current employer and I make to the
Employment Eligibility Verification (Form I-9) if my EAD has been
automatically extended?
If you are an existing employee who presented a TPS-related EAD
that was valid when you first started your job, but that EAD has now
been automatically extended, you and your employer should correct your
previously completed Employment Eligibility Verification (Form I-9) as
follows:
(1) For Section 1, you should:
a. Draw a line through the expiration date in the second space;
b. Write ``July 22, 2013'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 1; and
d. Initial and date the correction in the margin of Section 1.
(2) For Section 2, employers should:
a. Draw a line through the expiration date written in Section 2;
b. Write ``July 22, 2013'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
After July 22, 2013, when the automatic extension of EADs expires,
employers must reverify the employee's employment authorization in
Section 3.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiration'' alert for an automatically
extended EAD?
If you are an employer who participates in E-Verify, you will
receive a ``Work Authorization Documents Expiring'' case alert when a
TPS beneficiary's EAD is about to expire. Usually, this message is an
alert to complete Section 3 of the Employment Eligibility Verification
(Form I-9) to reverify an employee's employment authorization. For
existing employees with TPS-related EADs that have been automatically
extended, employers should dismiss this alert by clicking the red ``X''
in the ``dismiss alert'' column and follow the instructions above
explaining how to correct the Employment Eligibility Verification (Form
I-9). After July 22, 2013, employment authorization must be reverified
in Section 3. Employers should never use E-Verify for reverification.
Can my employer require that I produce any other documentation to prove
my status, such as proof of my Haitian citizenship?
No. When completing the Employment Eligibility Verification (Form
I-9), including reverifying employment authorization, employers must
accept any documentation that appears on the Employment Eligibility
Verification (Form I-9) lists of acceptable documentation, and that
reasonably appears to be genuine and that relates to you. Employers may
not request documentation that does not appear on the Lists of the
Acceptable Document for Form I-9. Therefore, employers may not request
proof of Haitian citizenship when completing the Employment Eligibility
Verification (Form I-9) for new hires or reverifying the employment
authorization of current employees. If presented with EADs that have
been automatically extended pursuant to this Federal Register notice or
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 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 Form I-9 Customer
Support at 1-888-464-4218 (TDD 877-875-6028 for hearing impaired). For
questions about avoiding discrimination during the employment
eligibility verification process, employers may also call the
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Employer Hotline at 1-800-
255-8155 (TDD for the hearing impaired is at 1-800-237-2515), which
offers language interpretation in numerous languages.
[[Page 59948]]
Note to Employees
For general questions about the employment eligibility verification
process, employees may call the USCIS National Customer Service Center
at 1-800-375-5283; calls are accepted in English and Spanish. Employees
or applicants may also call the OSC Worker Information Hotline at 1-
800-255-7688 (TDD for the hearing impaired is at 1-800-237-2515) for
information regarding employment discrimination based upon citizenship
or immigration status, or based on national origin, or for information
regarding discrimination related to the Employment Eligibility
Verification (Form I-9) and E-Verify. The OSC Worker Information
Hotline provides language interpretation in numerous languages. In
order to comply with the law, employers must accept any document or
combination of documents acceptable for Employment Eligibility
Verification (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
Employment Eligibility Verification (Form I-9) completion. Further,
employers participating in E-verify who receive an E-verify initial
mismatch (``tentative nonconfirmation'' or ``TNC'') on employees must
inform employees of the mismatch and give such employees an opportunity
to challenge the mismatch. Employers are prohibited from taking adverse
action against such employees based on the initial mismatch unless and
until E-Verify returns a final nonconfirmation. 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 and the USCIS Web site at http://www.dhs.gov/E-verify.
Note Regarding Federal, State and Local Government Agencies (Such as
Departments of Motor Vehicles)
While federal government agencies must follow the guidelines laid
out by the federal government, 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. Whether you are applying for a
federal, state, or local government benefit, you may need to provide
the 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 expired EAD that has been automatically extended, or your
EAD that has a valid expiration date;
(2) A copy of this Federal Register notice if your EAD is
automatically extended under this notice;
(3) A copy of your Application for Temporary Protected Status
Receipt Notice (Form I-797) for this re-registration;
(4) A copy of your past or current Application for Temporary
Protected Status Approval Notice (Form I-797), if you receive one from
USCIS; and/or
(5) If there is an automatic extension of work authorization, a
copy of the fact sheet from the USCIS TPS Web site that provides
information on the automatic extension.
Check with the government 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,
the agency must offer you the opportunity to appeal the decision in
accordance with the agency's procedures. If the agency has received and
acted upon or will act upon a SAVE verification and you do not believe
the response is correct, you may make an InfoPass 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. 2012-23826 Filed 9-28-12; 8:45 am]
BILLING CODE 9111-97-P