[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Notices]
[Pages 11808-11814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04593]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2539-13; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB25


Extension of the Designation of Haiti for Temporary Protected 
Status

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Haiti for Temporary Protected Status (TPS) 
for 18 months from July 23, 2014 through January 22, 2016.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS through January 22, 2016, so long as they otherwise continue to 
meet the eligibility requirements for TPS. The Secretary has determined 
that an extension is warranted because the conditions in Haiti that 
prompted the TPS designation continue to be met. There continues to be 
a substantial, but temporary, disruption of living conditions in Haiti 
based upon extraordinary and temporary conditions in that country that 
prevent Haitians who have TPS from safely returning.
    Through this Notice, DHS 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).
    For individuals who have already been granted TPS under the Haiti 
designation, the 60-day re-registration period runs from March 3, 2014 
through May 2, 2014. USCIS will issue new EADs with a January 22, 2016 
expiration date to eligible Haiti TPS beneficiaries who timely re-
register and apply for EADs under this extension. Given the timeframes 
involved with processing TPS re-registration applications, DHS 
recognizes that not all re-registrants will receive new EADs before 
their current EADs expire on July 22, 2014. Accordingly, through this 
Notice, DHS automatically extends the validity of EADs issued under the 
TPS designation of Haiti for 6 months, from July 22, 2014 through 
January 22, 2015, and explains how TPS beneficiaries and their 
employers may determine which EADs are automatically extended and their 
impact on Employment Eligibility Verification (Form I-9) and the E-
Verify processes.

DATES: The 18-month extension of the TPS designation of Haiti is 
effective July 23, 2014, and will remain in effect through January 22, 
2016. The 60-day re-registration period runs from March 3, 2014 through 
May 2, 2014.

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 Haiti for 
TPS by selecting ``TPS Designated Country: Haiti'' from the menu on the 
left of the TPS Web page.
     You can also contact the TPS Operations Program Manager at 
the Family and Status 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 inquires.
     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 800-375-5283 (TTY 800-767-1833). Service is available 
in English and Spanish.
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations

BIA--Board of Immigration Appeals

[[Page 11809]]

DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
UN--United Nations
USCIS--U.S. Citizenship and Immigration Services

What is Temporary Protected Status (TPS)?

     TPS is a temporary 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, may not be removed, and may 
obtain work authorization, so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also be granted travel authorization 
as a matter of discretion.
     The granting of TPS does not result in or 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, if any (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 21, 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 
on January 12, 2010. See Designation of Haiti for Temporary Protected 
Status, 75 FR 3476 (Jan. 21, 2010). In 2011, the Secretary both 
extended Haiti's designation and redesignated Haiti for TPS for 18 
months through January 22, 2013. See Extension and Redesignation of 
Haiti for Temporary Protected Status, 76 FR 29000 (May 19, 2011). The 
Secretary last extended Haiti's TPS designation in 2012. Through a 
notice published in the Federal Register on October 1, 2012, the 
Secretary extended Haiti's designation for TPS for 18 months, through 
July 22, 2014, because the conditions warranting the 2011 redesignation 
continued to be met. See Extension of the Designation of Haiti for 
Temporary Protected Status, 77 FR 59943 (Oct. 1, 2012). This 
announcement is the third extension of TPS for Haiti since the original 
designation in January 2010 and the second extension of TPS for Haiti 
since the 2011 redesignation.

What authority does the Secretary of Homeland Security 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 INA section 244(a)(1)(A), 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, 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 DHS ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security 
Act of 2002, tit. XV, section 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 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).

Why is the Secretary extending the TPS designation for Haiti through 
January 22, 2016?

    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 is warranted because the extraordinary and temporary 
conditions that prompted the July 2011 extension and redesignation 
continue to exist.
    While the Government of Haiti has made considerable progress in 
improving security and quality of life of its citizens following the 
January 2010 earthquake, Haiti continues to lack the adequate 
infrastructure, employment and educational opportunities, and basic 
services to absorb the approximately 58,000 Haitian nationals living in 
the United States under TPS. 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 2011 extension and redesignation, continue to persist.
    Haitian government estimates of the death toll caused by the 
earthquake have ranged from 230,000 to 316,000 people, though the 
accuracy of differing estimates is in dispute. The U.S. Agency for 
International Development reported that approximately 1.5 million 
people were initially displaced to temporary camps. Destruction from 
the earthquake rose to catastrophic levels due to Haiti's already weak 
infrastructure, as the government struggled to provide minimum basic 
services prior to the earthquake. Rubble severely impeded recovery 
efforts, yet most of the 11 million cubic meters of debris has been 
removed, making Port-au-Prince's roads passable.
    The January 2010 earthquake had an immediate impact on governance 
and the rule of law, killing more than 16,000 of Haiti's civil service 
members and destroying key infrastructure, including the National 
Palace, the Parliament, 28 of 29 government ministry buildings, the 
headquarters of the Haitian National Police, many courts, and several 
correctional facilities. The most serious impediments to human rights 
in Haiti are weak governance; inadequate respect for the rule of law, a 
deficient judicial system; and a high prevalence of corruption in 
various branches of government. Establishing a timetable for long-
delayed partial senatorial, municipal, and local elections has 
generated considerable ongoing political friction since 2011. While 
finally resolved, Haiti faces another round of elections in 2014.
    Since the January 2010 earthquake, Haiti's population has faced 
increased risks to its security and fundamental human rights. Those 
displaced to camps, as well as those living in marginalized 
communities, have been

[[Page 11810]]

subjected to a high risk of crime, gender-based violence, and 
exploitation. The earthquake also exacerbated pre-existing 
vulnerabilities, including gender-based violence, trafficking, sexual 
exploitation, child labor, domestic violence, and recruitment into 
crime or violence. The Pan American Health Organization indicated that 
kidnappings, death threats, murders, armed robberies, home break-ins, 
and carjacking continue to occur in large urban centers of Haiti, 
though it notes that statistics are not readily available. The 
humanitarian community estimates that over 16,000 households have been 
affected by forced evictions, including violent evictions by police 
officers. On October 10, 2013, the UN Security Council voted 
unanimously to extend the UN peacekeeping mission in Haiti until mid-
October 2014 so that it can further contribute to the country's 
stability and development.
    The earthquake devastated much of Haiti's health infrastructure and 
exacerbated the already poor state of health care in the country where 
40 percent of the Haitian population had no access to basic health 
services. Steady rains in October 2010 led to flooding, which 
contributed to poor camp conditions and a deadly cholera outbreak. 
According to the Haitian Ministry of Health and Population, there have 
been 693,875 cumulative cholera cases and 8,482 deaths as of November 
30, 2013. Since the onset of the 2013 rainy season in April, Haiti 
experienced a rise in new cholera infections. Available resources for 
the cholera response, including funding and staff, have been in steady 
decline since 2012.
    The January 2010 earthquake was a major setback to the economy and 
aggravated an already precarious social situation. The earthquake 
inflicted $7.8 billion in damage and caused the country's GDP to 
contract 5.4 percent in 2010. In 2011, the Haitian economy began to 
slowly recover from the effects of the earthquake, however, Tropical 
Storm Isaac and Hurricane Sandy adversely affected the economic 
recovery in 2012. Haiti's ability to attract investment is impeded, 
partly because of weak infrastructure such as access to electricity. 
Estimates indicate that unemployment in Haiti was as high as 80 percent 
before the earthquake, and though it has decreased, it remained at 
approximately 40 percent as of July 2013. More than 78 percent live on 
less than $2 per day and over 50 percent live on less than $1 per day. 
In rural areas, 88 percent of individuals live below the poverty line 
and basic services are practically nonexistent.
    Following the January 2010 earthquake, approximately 1.5 million 
Haitians were left homeless and living in temporary camps. According to 
the International Organization for Migration as of September 2013, 
approximately 172,000 individuals still remained in temporary camps. It 
is estimated that there will be approximately 100,000 persons in these 
camps by the end of 2013/early 2014.
    According to the World Bank, 964 schools were greatly damaged by 
the earthquake, affecting more than 200,000 children. Since then, many 
schools have been reconstructed, with the government and donors 
agreeing to pay school fees for a total of 1,130,000 children for the 
2012/2013 school year.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds that:
     The conditions that prompted the 2011 redesignation of 
Haiti for TPS continue to be met. See INA section 244(b)(3)(A) and (C), 
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 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 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 INA section 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
     The designation of Haiti for TPS should be extended for an 
additional 18-month period from July 23, 2014 through January 22, 2016. 
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     There are approximately 51,000 current Haiti TPS 
beneficiaries who are expected to file for re-registration and may be 
eligible to retain their TPS under the extension.

Notice of Extension of the TPS Designation of Haiti

    By the authority vested in me as Secretary under INA section 244, 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 in 2011 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 extending the existing TPS designation of Haiti for 
18 months from July 23, 2014 through January 22, 2016. See INA section 
244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2).

Jeh Charles Johnson,
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).
     If you are filing an application for late initial 
registration, you must pay the fee for the Application for Temporary 
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and 
information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
     If you are filing an application for re-registration, you 
do not need to pay the fee for the Application for Temporary Protected 
Status (Form I-821). See 8 CFR 244.17. and

2. Application for Employment Authorization (Form I-765).

     If you are applying for late initial registration and want 
an EAD, you must pay the fee for the Application for Employment 
Authorization (Form I-765) only if you are age 14 through 65. No fee 
for the Application for Employment Authorization (Form I-765) is 
required if you are under the age of 14 or are 66 and older and 
applying for late initial registration.
     If you are applying for re-registration, you must pay the 
fee for the Application for Employment Authorization (Form I-765) only 
if you want an EAD, regardless of age.
     You do not pay the fee for the Application for Employment 
Authorization (Form I-765) if you are not requesting an EAD, regardless 
of whether you are applying for late initial registration or re-
registration.

    You must submit both completed application forms together. If you 
are unable to pay for the Application for Employment Authorization 
(Form I-765) 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 the Application for Temporary Protected 
Status (Form I-821), the Application for Employment

[[Page 11811]]

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 
process the applications and issue EADs promptly. 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 to determine whether the 
applicant has established 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 INA section 
244(c)(3)(C); 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 therefore not pay the Application for 
Employment Authorization (Form I-765) fee, until 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 Addresses
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                If . . .                          Mail to . . .
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You live in the State of Florida.......  U.S. Postal Service:
                                          U.S. Citizenship and
                                          Immigration Services
                                          Attn: Haiti TPS
                                          P.O. Box 4464
                                          Chicago, IL 60680-4464
                                          Non-US Postal Delivery
                                          Service:
                                          U.S. Citizenship and
                                          Immigration Services
                                          Attn: Haiti TPS
                                          131 S. Dearborn--3rd Floor
                                          Chicago, IL 60603-5517
You live in the State of New York......  U.S. Postal Service:
                                          U.S. Citizenship and
                                          Immigration Services
                                          Attn: Haiti TPS
                                          P.O. Box 660167
                                          Dallas, TX 75266-0167
                                          Non-U.S. Postal Delivery
                                          Service:
                                          U.S. Citizenship and
                                          Immigration Services
                                          Attn: Haiti TPS
                                          2501 S. State Highway, 121
                                          Business Suite 400
                                          Lewisville, TX 75067
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You live in any other state............  U.S. Postal Service:
                                          U.S. Citizenship and
                                          Immigration Services
                                          Attn: Haiti TPS
                                          P.O. Box 24047
                                          Phoenix, AZ 85074-4047
                                          Non-U.S. Postal Delivery
                                          Service:
                                          U.S. Citizenship and
                                          Immigration Services
                                          Attn: Haiti TPS
                                          1820 E. Skyharbor Circle S,
                                          Suite 100
                                          Phoenix, AZ 85034
------------------------------------------------------------------------

    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 an IJ or 
the BIA, please mail your application to the appropriate address in 
Table 1. Upon receiving a Notice of Action (Form I-797) 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 
TPSijgrant.nsc@uscis.dhs.gov. If your USCIS receipt number begins with 
the letters ``WAC,'' please email the California Service Center at 
TPSijgrant.csc@uscis.dhs.gov. 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.

[[Page 11812]]

E-Filing

    You cannot electronically file your application when re-registering 
or submitting a late initial registration for Haiti TPS. Please mail 
your application to the mailing address listed in Table 1.

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 July 22, 2014 through January 22, 2015?

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 redesignation of 
TPS for Haiti; and
 Have an EAD with a marked expiration date of July 22, 2014, 
bearing the notation ``A-12'' or ``C-19'' on the face of the card under 
``Category.''

Although this Notice automatically extends your EAD through January 22, 
2015, 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). You may present an acceptable 
receipt for List A, List B, or List C documents as described in the 
Form I-9 Instructions. An EAD is an acceptable document under ``List 
A.'' Employers may not reject a document based on a future expiration 
date.
    If your EAD has an expiration date of July 22, 2014, 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 January 22, 2015 (see the subsection 
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 January 22, 
2015. As an alternative to presenting your automatically extended EAD, 
you may choose to present any other acceptable document from List A, or 
a combination of one selection from List B and one selection from 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 July 22, 2014, that 
state ``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended for 6 months by this Federal Register Notice, your employer 
will need to ask you about your continued employment authorization once 
July 22, 2014 is reached to meet its responsibilities for Employment 
Eligibility Verification (Form I-9). However, your employer does not 
need a new document to reverify your employment authorization until 
January 22, 2015, the expiration date of the automatic extension. 
Instead, you and your employer must make corrections to the employment 
authorization expiration dates in Section 1 and Section 2 of Employment 
Eligibility Verification (Form I-9) (see the subsection titled ``What 
corrections should I and my current employer make to 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 explain what to do for 
Employment Eligibility Verification (Form I-9).
    By January 22, 2015, the expiration date of the automatic 
extension, your employer must reverify your employment authorization. 
At that time, you must present any document from List A or any document 
from List C on Employment Eligibility Verification (Form I-9) to 
reverify employment authorization, or an acceptable List A or List C 
receipt described in the Form I-9 Instructions. Your employer should 
complete either Section 3 of the Employment Eligibility Verification 
(Form I-9) originally completed for the employee or, if this Section 
has already been completed or if the version of Employment Eligibility 
Verification (Form I-9) is no longer valid, complete Section 3 of a new 
Employment Eligibility Verification (Form I-9) using the most current 
version. Your employer should use either Section 3 of the Employment 
Eligibility Verification (Form I-9) originally completed for the 
employee or, if this Section has already been completed or if the 
version of Employment Eligibility Verification (Form I-9) is no longer 
valid, complete Section 3 of a new Employment Eligibility Verification 
(Form I-9) using the most current version. Note that your employer may 
not specify which List A or List C document employees must present, and 
cannot reject an acceptable receipt.

Can my employer require that I produce any other documentation to prove 
my status, such as proof of my Haitian citizenship?

    No. When completing Employment Eligibility Verification (Form I-9), 
including re-verifying employment authorization, employers must accept 
any documentation that appears on the ``Lists of Acceptable Documents'' 
for Employment Eligibility Verification (Form I-9) and that reasonably 
appears to be genuine and that relates to you or an acceptable List A, 
List B, or List C receipt. Employers may not request documentation that 
does not appear on the ``Lists of Acceptable Documents.'' Therefore, 
employers may not request proof of Haitian citizenship when completing 
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, 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. Refer to 
the Note to Employees section of this Notice for important information 
about your rights

[[Page 11813]]

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.

What happens after January 22, 2015 for purposes of employment 
authorization?

    After January 22, 2015, employers may no longer accept the EADs 
that this Federal Register Notice automatically extended. Before that 
time, however, USCIS will issue new EADs to eligible TPS re-registrants 
who request them. These new EADs will have an expiration date of 
January 22, 2016 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 my employer and I complete 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 complete Employment 
Eligibility Verification (Form I-9) for a new job prior to January 22, 
2015, 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 automatically extended EAD expiration date (January 
22, 2015) 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 (January 22, 2015).

    No later than January 22, 2015, 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 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 ``January 22, 2015'' 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 ``January 22, 2015'' 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.

    By January 22, 2015, 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). By January 22, 2015, employment authorization must be reverified 
in Section 3. Employers should never use E-Verify for reverification.

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 re-
verification requirements. For general questions about the employment 
eligibility verification process, employers may call USCIS at 888-464-
4218 (TTY 877-875-6028) or email USCIS at I-9Central@dhs.gov. Calls and 
emails are accepted in English and many other languages. For questions 
about avoiding discrimination during the employment eligibility 
verification process, employers may also call the U.S. Department of 
Justice, Office of Special Counsel for Immigration-Related Unfair 
Employment Practices (OSC) Employer Hotline at 800-255-8155 (TTY for 
the hearing impaired is at 800-237-2515), which offers language 
interpretation in numerous languages, or email OSC at osccrt@usdoj.gov.

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email at I-9Central@dhs.gov. Calls are accepted in English, Spanish and 
many other languages. Employees or applicants may also call the U.S. 
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Worker Information Hotline at 
800-255-7688 (TTY for the hearing impaired is at 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, or for information regarding 
discrimination related to Employment Eligibility Verification (Form I-
9) and E-Verify. The OSC Worker Information Hotline provides language 
interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the List of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt described 
in the Employment Eligibility Verification (Form I-9) Instructions. 
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 case result of ``Tentative Nonconfirmation'' (TNC) must 
promptly inform employees of the TNC and give such employees an 
opportunity to contest the TNC. A TNC case result means that the 
information entered into E-Verify from Employment Eligibility 
Verification (Form I-9) differs from the Social Security 
Administration, DHS, or DOS records.

[[Page 11814]]

Employers may not terminate, suspend, delay training, withhold pay, 
lower pay or take any adverse action against an employee based on the 
employee's decision to contest a TNC or because the case is still 
pending with E-Verify. A Final Nonconfirmation (FNC) case result is 
received when E-Verify cannot verify an employee's employment 
eligibility. An employer may terminate employment based on a case 
result of FNC. Work-authorized employees who receive an FNC may call 
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). An employer 
that discriminates against an employee in the E-Verify process based on 
citizenship or immigration status, or based on national origin, may 
contact OSC's Worker Information Hotline at 800-255-7688 (TTY for the 
hearing impaired is at 800-237-2515). Additional information about 
proper nondiscriminatory Employment Eligibility Verification (Form I-9) 
and E-Verify procedures 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 
establish their own rules and 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 unexpired EAD that has been automatically extended, or your 
EAD that has not expired;
(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 Notice of 
Action (Form I-797) for this re-registration;
(4) A copy of your past or current Application for Temporary Protected 
Status Notice of Action (Form I-797), if you received 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 
Federal Register 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 http://www.uscis.gov/save, 
then by choosing ``How to Correct Your Records'' from the menu on the 
right.
[FR Doc. 2014-04593 Filed 2-28-14; 8:45 am]
BILLING CODE 9111-97-P