[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Notices]
[Pages 11808-11814]
From the Federal Register Online via the Government Publishing 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
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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 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
[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.
[[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 [email protected]. 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 [email protected].
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 [email protected]. 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