[Federal Register Volume 63, Number 239 (Monday, December 14, 1998)]
[Notices]
[Pages 68799-68800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33159]



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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1966-98]


Extension of Work Authorization for Certain Haitians Previously 
Granted Deferred Enforced Departure (DED)

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: Since December 23, 1997, the Immigration and Naturalization 
Service (Service) has granted an Employment Authorization Document 
(EAD) to Haitian nationals on the basis of Deferred Enforced Department 
(DED); those EADs bear an expiration date of December 22, 1998, and the 
notation ``274A.12(A)(11).'' By this notice, the Service is granting an 
automatic extension until December 22, 1999, of the validity of those 
EADs issued to Haitian DED beneficiaries. This action will provide 
ample opportunity for Haitian beneficiaries of DED to apply for 
adjustment of status to that of permanent resident pursuant to section 
902 of the Haitian Refugee Immigration Fairness Act of 1998, allowing 
them to maintain their employment eligibility until they are able to 
apply for a new EAD in connection with their application for adjustment 
of status.

DATES: This notice is effective December 14, 1998.

FOR FURTHER INFORMATION CONTACT:
Michael Valverde, Immigration and Naturalization Service, Adjudications 
Division, 425 I Street, NW., Room 3214, Washington, DC 20536, Telephone 
(202) 514-3228.

SUPPLEMENTARY INFORMATION: 

What is the Purpose of Extending Employment Authorization to 
Certain Haitians?

    On December 23, 1997, the President ordered the Attorney General to 
grant DED for 1 year to certain Haitian nationals. On October 21, 1998, 
the President signed into law the Fiscal Year 1999 Omnibus 
Appropriations Act, Public Law 105-277. Title IX of Pub. L. 105-277 
contains the Hatitian Refugee Immigration Fairness Act of 1998 (HRIFA). 
Specifically, section 902 HRIFA allows certain Haitian nationals to 
adjust status to that of a lawful permanent resident. In order to 
provide ample opportunity for Haitian nationals covered by DED to file 
for a new Employment Authorization Document (EAD) based upon an 
application for adjustment of status under HRIFA, the Service is 
granting an automatic extension until December 22, 1999, of the 
validity of their EADs. This automatic extension is limited to those 
EAD cards which bear an expiration date of December 22, 1998, and were 
previously issued to DED Haitians pursuant to 8 CFR 274a.12(a)(11). 
Affected Haitians who will need work authorization after December 22, 
1999, should file applications for adjustement of status and HRIFA-
based employment authorization as soon as interim regulations 
implementing HRIFA are published to ensure continuous employment 
authorization.

Who is Eligible To Receive an Automatic Extension of Employment 
Authorization?

    To be eligible for an automatic extension of employment 
authorization, and individual must be a national of Haiti who 
previously applied for and was granted employment authorization under 
the December 23, 1997, Presidential order mandating DED for Haitians.

How Will Qualified Individuals be Notified?

    Individuals will be notified that their EAD has been automatically 
extended by:
    (1) The Federal Register notice, and
    (2) A letter mailed to the individual's last known address.

Does a Qualified Individual Have to Apply to the Service for an 
Extenstion of Employment Authorization?

    No, the extension is automatic. A qualified individual will be 
notified of the extension by a letter, which will be mailed to the 
individuals' last known address on file with the Service.

What Should an Individual Do if They Have Lost Their DED-Related 
EAD?

    An individual who has lost his or her DED-related EAD should submit 
an Application for Employment Authorization, Form I-765, with fee to 
the Texas Service Center to obtain a replacement card. Applications 
should be addressed as follows: United States Immigration and 
Naturalization Service, Texas Service Center, P.O. Box 851041, 
Mesquite, Texas 75185-1041.

Can an Applicant Who is Eligible for DED Under the December 23, 
1997, Presidential Order Still Apply if He or She has not Already 
Done So?

    Yes. As long as the individuals is eligible to apply for an EAD 
under the original grant of DED, he or she may apply for DED-related 
employment authorization provided that such an application is received 
by the Texas Service Center on or before December 22, 1998, the last 
day covered by the Presidential order. Applications for DED-related 
employment authorization received after December 22, 1998, will be 
rejected.

What Documents Should an Individual Show to His or Her Employer as 
Proof of Employment Authorization When Completing the Employment 
Eligibility Verification Form (Form I-9)?

    For completion of the Form I-9 at the time of hire or re-
verification, qualified Haitian nationals who have received an 
extension of employment authorization by virtue of this Federal 
Register notice can present to their employer their EAD as proof of 
valid employment authorization and identity. To minimize confusion over 
this extension at the time of hire or re-verification, qualified 
Haitian nationals may also present to their employer a copy of either 
this Federal Register notice regarding the extension of employment 
authorization to December 22, 1999, or the letter that will be mailed 
to the last known address of qualified Haitian nationals.

How can Employers Determine Which Employees Have an Additional Year 
of Employment Authorization?

    For purposes of verifying identity and employment eligibility or 
re-verifying employment eligibility on the Form I-9 until December 22, 
1999, employers of DED Haitians whose employment authorization is 
automatically extended must accept an EAD card which:
    (1) Bears an expiration date of December 22, 1998; and
    (2) Contains the notation ``274A.12(A)(11)'' on the face of the 
card under ``Provision of Law.''
    The EAD cards or extension stickers showing the automatic December 
22, 1999, expiration date will not be issued. Qualified Haitian 
nationals will be sent a letter to their last known address. Employers 
should not request proof of Haitian citizenship or any other document 
if the documentation presented by the employee satisfied the I-9 
requirements and appears to be genuine and to relate to the employee. 
This action by the Service through this notice of the Federal Register 
does not affect the right of an employee to present any legally 
acceptable document as proof of identity and eligibility for 
employment. Employers are reminded that the laws prohibiting unfair 
immigration-related employment practices remain in full force. 
Employers may call the Service's Office of Business Liaison employer 
hotline at 1-800-357-2099 to speak to a Service representative about 
this Notice.

[[Page 68800]]

Employers can also call the Office of Special Counsel for Immigration 
Related Unfair Employment Practices (OSC) Employer Hotline at 1-800-
255-8155. Employees or applicants can call the OSC Employee Hotline at 
1-800-255-7688.

How Should Employers Fill-out the Form I-9?

    To complete the Form I-9 at the time of hire or re-verification for 
an employee who presents an EAD card that has been automatically 
extended by this Federal Register notice, the employer should include 
or add the following information under Section 2 (List A) or Section 3 
of the Form I-9, as appropriate:
    (1) Record the document identification information of the EAD; and
    (2) Record December 22, 1999 for the document expiration date.
    If the employee presents the mailed letter or a copy of this 
Federal Register notice, the employer should note on Form I-9 his or 
her review of these documents.

What is the First Step in Obtaining Subsequent Employment 
Authorization?

    The Service will soon issue an interim rule which implements 
section 902 of HRIFA by establishing procedures for certain nationals 
of Haiti who have been residing in the United States to apply for 
lawful permanent resident status in this country. Instructions for 
obtaining employment authorization based upon HRIFA will be included in 
these procedures. In accordance with HRIFA, the interim rule will allow 
eligible aliens to obtain lawful permanent resident status without 
applying for an immigrant visa at a United States consulate abroad and 
will waive many of the usual requirements for this benefit.

Who is Eligible for Benefits Under HRIFA?

    In order to be eligible for benefits under HRIFA, an applicant must 
be a national of Haiti who was present in the United States on December 
31, 1995, and who was physically present in the United States for a 
continuous period beginning not later than December 31, 1995, and 
ending not earlier than the date the application for adjustment of 
status is filed (not counting absences totaling 180 days or less). The 
applicant must fall within one of the five classes of persons described 
in section 902(b)(1) of HRIFA. Those five classes are:
    (1) Haitian nationals who filed for asylum before December 31, 
1995,
    (2) Haitian nationals who were paroled into the United States prior 
to December 31, 1998, after having been identified as having a credible 
fear of persecution, or paroled for emergent reasons or reasons deemed 
strictly in the public interest,
    (3) Haitian national children who arrived in the United States 
without parents and have remained without parents in the United States 
since arrival,
    (4) Haitian national children who became orphaned subsequent to 
arrival in the United States; and
    (5) Haitian national children who were abandoned by their parents 
or guardians prior to April 1, 1998, and have remained abandoned since 
such abandonment.
    For the last three of these classes, the applicant must have been a 
child at the time of his or her arrival in the United States and on 
December 31, 1995, but not necessarily at the time of his or her 
adjustment of status. In addition, the spouse, child, or unmarried son 
or daughter of an alien whose status is adjusted pursuant to HRIFA may 
be eligible to adjust under HRIFA themselves.

When do Beneficiaries of HRIFA Benefits Have To File an Application 
for New Work Authorization?

    Once the HRIFA regulations are promulgated, HRIFA beneficiaries 
will not be under a deadline to file an application for a new 
Employment Authorization Document. However, the Service emphasizes that 
the adjudication of an employment authorization application and 
issuance of an EAD may take up to 90 days not including the round-trip 
mailing time. Incomplete applications will be returned requiring 
additional time. Therefore, Haitian DED grantees who apply for 
adjustment of status under HRIFA should file their work authorization 
applications as soon as possible in order to receive their HRIFA-based 
EADs before December 22, 1999, when this automatic extension of 
employment authorization expires.

    Dated: December 9, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-33159 Filed 12-10-98; 8:45 am]
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