[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Notices]
[Pages 29000-29004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12440]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2500-10; DHS Docket No. USCIS 2010-0016]
RIN 1615-ZB01
Extension and Redesignation of Haiti for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is both extending the existing designation of Haiti for
temporary protected status (TPS) for 18 months from July 23, 2011
through January 22, 2013, and redesignating Haiti for TPS for 18
months, effective July 23, 2011 through January 22, 2013. The extension
allows current eligible TPS beneficiaries to retain their TPS through
January 22, 2013. The redesignation of Haiti allows additional
individuals who have been continuously residing in the United States
since January 12, 2011, to obtain TPS, if eligible, including certain
Haitians who arrived in the United States following the January 12,
2010 earthquake in Haiti.
Under the redesignation, individuals who currently do not have TPS,
or a TPS application pending, may apply for TPS from May 19, 2011
through November 15, 2011. In addition to demonstrating continuous
residence in the United States since January 12, 2011, initial
applicants for TPS under this redesignation must demonstrate that they
have been continuously physically present in the United States since
July 23, 2011, the effective date of the redesignation of Haiti.
For individuals who have already been granted Haiti TPS, the 90-day
re-registration period will run from May 23, 2011 through August 22,
2011. The Department will publish a Federal Register notice in May with
complete information on the re-registration procedures, including the
automatic 6-month extension of currently valid employment authorization
documents (EADs) that expire July 22, 2011. However, current Haiti TPS
beneficiaries may not apply for re-registration until May 23, 2011.
Applications and fees submitted before that date will be rejected and
will have to be resubmitted once the re-registration period starts.
TPS applications that were filed during the first Haiti designation
that opened on January 21, 2010, and remain pending on May 19, 2011
will be treated as initial applications under the redesignation.
Therefore, individuals who have a pending TPS application will not need
to file a new Application for Temporary Protected Status, Form I-821.
Additional instructions are provided in this notice for individuals
whose TPS applications remain pending and who would like to obtain an
EAD valid through January 22, 2013.
DATES: Extension of TPS: The 18-month extension of the existing
designation for Haiti is effective July 23, 2011, and will remain in
effect through January 22, 2013. The 90-day re-registration period for
current Haiti TPS beneficiaries will run from May 23, 2011 through
August 22, 2011. Re-registration procedures will be announced prior to
the start of the re-registration period.
Redesignation of TPS: The redesignation of Haiti for TPS is
effective July 23, 2011, and will remain in effect through January 22,
2013, a period of 18 months. The initial registration period for new
applicants under the Haiti TPS re-designation will run from May 19,
2011 through November 15, 2011.
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 TPS extension and re-designation of TPS
for Haiti by selecting ``TPS Designated Country--Haiti'' from the menu
on the left of the TPS Web page. From the Haiti page, you can select
the Haiti TPS Questions & Answers Section from the menu on the right
for further information.
You can also contact the TPS Operations Program Manager at
Status and Family Branch, Service Center Operations Directorate, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Avenue, NW., Washington, DC 20529-2060 or by phone at
(202) 272-1533 (this is not a toll-free number). Note: The phone number
provided here is solely for questions regarding this TPS notice. It is
not for individual case status inquiries. Applicants seeking
information about the status of their individual cases can check Case
Status Online available at the USCIS Web site at http://www.uscis.gov,
or call the USCIS National Customer Service Center at 1-800-375-5283
(TTY 1-800-767-1833).
Further information will also be available at local USCIS
offices upon publication of this notice.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
DHS--Department of Homeland Security
DOJ--Department of Justice
DOS--Department of State
EAD--Employment Authorization Document
GoH--Government of Haiti
IDP--Internally Displaced Person
INA--Immigration and Nationality Act
NGO--Nongovernmental Organizations
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration Related Unfair Employment Practices
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
UN--United Nations
UNICEF--United Nations Children's Fund
USAID--U.S. Agency for International Development
USCIS--U.S. Citizenship and Immigration Services
What is TPS?
Temporary Protected Status (TPS) is an immigration status
granted under the Immigration and Nationality Act (INA) to eligible
nationals of a country designated for TPS (or to persons without
nationality who last habitually resided in the designated country).
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States and to obtain work
authorization documentation, so long as they continue to meet the terms
and conditions of their TPS status.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
A grant of TPS does not lead to permanent resident status.
When the Secretary terminates a country's TPS designation,
beneficiaries return to the same immigration status they maintained
before obtaining TPS (unless that status has since expired or been
terminated) or to any other status they may have obtained while
registered for TPS.
When was Haiti first designated for TPS?
On January 21, 2010, the Secretary designated Haiti for TPS based
on extraordinary and temporary conditions within Haiti which prevented
aliens who are nationals of Haiti (or persons without nationality who
last habitually resided in Haiti) from returning to Haiti
[[Page 29001]]
safely, specifically the effects of the 7.0-magnitude earthquake that
occurred January 12, 2010. See 75 FR 3476; see also INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).\1\
---------------------------------------------------------------------------
\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002 (HSA), Public Law 107-
296, 116 Stat. 2135, any reference to the Attorney General in a
provision of the INA describing functions transferred under the HSA
from the DOJ to the DHS ``shall be deemed to refer to the
Secretary'' of Homeland Security. See 6 U.S.C. 557 (2003) (codifying
HSA, tit. XV, sec. 1517).
---------------------------------------------------------------------------
What authority does the Secretary have to extend the designation of
Haiti for TPS?
At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate agencies of the government, 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).
What is the Secretary's authority to redesignate Haiti for TPS?
In addition to extending an existing TPS designation so that
current beneficiaries may renew their TPS, the Secretary, after
consultation with appropriate agencies of the government, may
redesignate a country (or part thereof) for TPS. See INA section
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 244(c)(1)(A)(i),
8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been
continuously physically present since the effective date of the most
recent designation of the state'') (emphasis added). This is one of
several instances in which the Secretary and, prior to the
establishment of DHS, the Attorney General have simultaneously extended
a country's TPS designation and redesignated the country for TPS. See,
e.g., 69 FR 60168 (Oct. 7, 2004) (extension and redesignation for
Sudan); 62 FR 16608 (Apr. 7, 1997) (extension and redesignation for
Liberia).
When the Secretary designates or redesignates a country for TPS,
she also has the discretion to establish the date from which TPS
applicants must demonstrate that they have been ``continuously
resid[ing]'' in the United States. See INA section 244(c)(1)(A)(ii).
This discretion permits her to tailor the ``continuous residence'' date
to offer TPS protection to the group of individuals that she deems most
appropriate.
The Secretary has determined that the ``continuous residence'' date
for applicants for Haiti TPS shall be changed from its original date of
January 12, 2010, to January 12, 2011. See 75 FR 3476. Initial
applicants for TPS under this redesignation must also show they have
been ``continuously physically present'' in the United States since
July 23, 2011, which is the effective date of the Secretary's most
recent designation, or redesignation, of Haiti. See INA section
244(c)(1)(A)(i). For each initial TPS application filed under the
redesignation, the final determination whether the applicant has met
the ``continuous physical presence'' requirement cannot be made until
July 23, 2011. USCIS, however, will issue employment authorization
documentation, as appropriate, during the registration period in
accordance with 8 CFR 244.5(b).
Why is the Secretary extending the TPS designation for Haiti and
simultaneously re-designating Haiti for TPS?
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 of Haiti's TPS designation from July 23, 2011 through
January 22, 2013, is warranted because the conditions prompting the
original designation continue to be met. The Secretary has further
determined that these same conditions in Haiti support redesignating
Haiti for TPS under INA section 244(b)(1)(C) and changing the
``continuous residence'' and ``continuous physical presence'' dates so
as to continue affording TPS protection to eligible Haitians who
arrived in the United States before January 12, 2010 and to extend TPS
protection to eligible Haitians who arrived between January 12, 2010
and January 12, 2011.
The January 12, 2010 earthquake has exacerbated Haiti's position as
the least-developed country in the Western Hemisphere and one of the
poorest in the world. According to the Central Intelligence Agency
World Factbook (last updated on September 22, 2010), 80 percent of
Haiti's population is living below the poverty line. Per capita gross
domestic product is now under $2 per day, and comparative social and
economic indicators continue to decline. Low revenue collection rates
by the Government of Haiti (GoH)--barely over 10 percent of gross
domestic product--remain insufficient for Haiti to provide adequate
social services and to invest in physical and human capital.
According to the GoH, an estimated 230,000 people died and
approximately three million were affected by the earthquake. In total,
more than one million Haitians have been left homeless and are
currently living in temporary camps. As of October 14, 2010, teams from
international nongovernmental organizations (NGOs) and the GoH had
conducted assessments of structures to determine habitability on
297,569 buildings out of an estimated 350,000 to 400,000 buildings
destroyed by the earthquake. Roughly half of those buildings assessed
were deemed safe for habitation with another 26 percent deemed possibly
safe with repairs conducted. Approximately 21 percent of assessed homes
thus far have been deemed unsafe, requiring major repairs or
demolition.
Despite these assessments, DOS estimates that there are
approximately 1,300 internally displaced persons (IDPs) camps in Haiti.
Although statistical reports vary, the United Nations Children's Fund
(UNICEF) reports that there are approximately 1.6 million IDPs, of
which approximately 800,000 are children. The IDP camps are extremely
crowded and are vulnerable to flooding, crime (including gender-based
violence), and disease.
International NGOs report that primary healthcare services are
available at 160 fixed and mobile sites. Thirty-one percent of these
sites are supported by USAID and the Office of U.S. Foreign Disaster
Assistance. The current cholera outbreak in Haiti is evidence of the
vulnerability of the public health sector of Haiti. Although
statistical reports have varied, the GoH Ministry of Public Health and
Population reported 199,497 cholera cases, including 112,656
hospitalizations and 3,927 deaths. Health officials and aid
organizations believe the outbreak may spread nationwide. In efforts to
contain the outbreak, a network of cholera treatment centers has been
created.
Based on this review and after consultation with the appropriate
Government agencies, the Secretary has determined that:
The conditions that prompted the January 21, 2010
designation of Haiti for TPS continue to be met. See INA sections
244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
[[Page 29002]]
Nationals of Haiti (and persons without nationality who
last habitually resided in Haiti) still cannot safely return to Haiti
due to continued extraordinary and temporary conditions. 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 aliens who meet the eligibility requirements for TPS
to remain in the United States temporarily. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The TPS designation of Haiti should be extended for an
additional 18-month period from July 23, 2011 through January 22, 2013.
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Haiti should be simultaneously redesignated for TPS
effective July 23, 2011 through January 22, 2013. See INA sections
244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2).
It is appropriate to change the date by which TPS
applicants must demonstrate that they have continuously resided in the
United States from January 12, 2010 to January 12, 2011.
The date by which TPS applicants must demonstrate that
they have been continuously physically present in the United States is
July 23, 2011, the effective date of the redesignation of Haiti for
TPS.
There are approximately 47,000 current Haiti TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
It is estimated that approximately 10,000 additional
individuals may be eligible for TPS under the redesignation of Haiti.
Why is the Secretary changing the ``continuous residence'' date from
January 12, 2010 to January 12, 2011?
In the aftermath of the earthquake in Haiti, additional Haitian
nationals were lawfully admitted to the United States as nonimmigrants
or were granted humanitarian parole for emergency reasons. As described
in this notice, the devastating impact of the January 12, 2010
earthquake continues to create extraordinary and temporary conditions
that prevent aliens who are nationals of Haiti from safely returning to
Haiti. Therefore, the Secretary has determined, in her discretion, that
it is appropriate for DHS to extend TPS to eligible Haitians who
arrived in the United States between January 12, 2010, and January 12,
2011, so that they will not be subject to removal while in TPS and can
obtain work authorization to support themselves until they are able to
return safely to Haiti.
Notice of Extension of TPS for Haiti and Re-designation of Haiti for
TPS through January 22, 2013
By the authority vested in me as Secretary of Homeland Security
under section 244 of the INA, 8 U.S.C. 1254a, I have determined, after
consultation with the appropriate government agencies, that the
conditions that prompted the original designation of Haiti for
temporary protected status on January 21, 2010, 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 simultaneously extending the existing TPS
designation of Haiti for 18 months from July 23, 2011 through January
22, 2013, and redesignating Haiti for TPS for 18 months effective July
23, 2011 through January 22, 2013. See INA sections 244(b)(1)(C) and
(b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2). I am also changing the
``continuous residence'' date from January 12, 2010 to January 12,
2011. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii).
Janet Napolitano,
Secretary.
How do I know whether I should wait until May 23, 2011, to apply for
re-registration under the extension of TPS or whether I should file an
initial TPS application now under the re-designation of Haiti?
Table 1 below will help you decide if you should file for re-
registration under the extension of TPS for Haiti or if you should file
an initial application under the re-designation of Haiti for TPS.
Table 1--Re-Registration Filing Versus Initial Filing
------------------------------------------------------------------------
If . . . And . . . Then . . .
------------------------------------------------------------------------
You filed a TPS application Your application You need to re-
under the initial designation was approved by register under the
of Haiti during the May 19, 2011. extension by filing
registration period January a Form I-821
21, 2010 through January 18, application and Form
2011, or filed after January I-765 during the re-
18 under the fee waiver cure.. registration period
May 23, 2011 through
August 22, 2011.
You filed a TPS application Your application You do not yet have
under the initial designation is still pending TPS and your pending
of Haiti during the as of May 19, Form I-821 will be
registration period January 2011. treated as an
21, 2010 through January 18, initial application
2011, or filed after January under the
18 under the fee waiver cure.. redesignation. You
do not need to file
a new Form I-821.
Please see Table 2
to determine if you
need to file a new
Form I-765.
You filed a TPS application Your application You may be covered
under the initial designation was denied under the re-
of Haiti during the before May 19, designation and you
registration period January 2011, and you need to file an
21, 2010 through January 18, believe you may initial application
2011, or filed after January be eligible for during the
18 under the fee waiver cure.. TPS under the registration period
redesignation. May 19, 2011 through
November 15, 2011.
You never filed a TPS You believe you You may be covered
application under the initial may be eligible under the re-
designation of Haiti. for TPS under designation and you
the need to file an
redesignation. initial application
during the
registration period
May 19, 2011 through
November 15, 2011.
------------------------------------------------------------------------
[[Page 29003]]
I have been granted TPS. If the re-registration period does not begin
until May 2011, does my current TPS continue through January 22, 2013?
Although an individual's TPS continues until it is withdrawn or
terminated, your TPS will be withdrawn if you fail to re-register
during the May 23, 2011 through August 22, 2011 period, or if USCIS
does not approve your re-registration application. The forthcoming
Federal Register notice, to be published in May 2011, regarding re-
registration will explain the requirements, fees, and fee waiver
procedures. Please do not submit your re-registration application
before May 23rd or it will be rejected, and you will need to re-file
when the re-registration period opens. Given the timeframes involved
with processing TPS re-registration applications, and because the re-
registration period will not open until May 23, 2011, DHS recognizes
the possibility that re-registrants may not receive new EADs until
after their current EADs expire on July 22, 2011. Accordingly, the May
2011 Federal Register notice explaining the re-registration procedures
will also extend the validity of EADs issued under the original TPS
designation of Haiti for an additional 6 months, through January 22,
2012. That notice will provide further details for re-registration and
explanations of the 6-month automatic extension of EADs that expire on
July 22, 2011.
I have a pending TPS application filed during the original Haiti TPS
registration period that ran from January 21, 2010 through January 18,
2011. What should I do?
If your TPS application is still pending on May 19, 2011, then you
will not need to file a new Application for Temporary Protected Status,
Form I-821. Pending TPS applications will be treated as initial
applications under the re-designation. Therefore, if your TPS
application is approved, you will be granted TPS through January 22,
2013. If you have a pending TPS application and you wish to have an EAD
valid through January 22, 2013, please look at Table 2 below to
determine whether you should file a new Application for Employment
Authorization, Form I-765. If you do need to file a new Form I-765,
wait until the re-registration period opens May 23, 2011, before filing
your application.
Table 2--EAD Information for Still Pending TPS Applications
----------------------------------------------------------------------------------------------------------------
If . . . And . . . Then . . . But if . . .
----------------------------------------------------------------------------------------------------------------
You requested an EAD during the You received an EAD You must file a new Your Form I-821 is
original registration period for with Category C19 or Form I-765 with fee denied before the re-
Haiti TPS. A12. (or fee waiver registration period
request) during the re- opens May 23, 2011,
registration period then DO NOT file a new
that opens May 23, Form I-765. If you
2011 if you wish to file a new Form I-765,
have a new EAD valid it will be denied due
through January 22, to the denial of your
2013. Form I-821.
You requested an EAD during the You did not receive an You do not need to file .......................
original registration period for EAD with Category C19 a new Form I-765. If
Haiti TPS. or A12. your TPS application
is approved, your Form
I-765 will be approved
through January 22,
2013.
You did not request an EAD during the You wish to have an EAD You must file a new Your Form I-821 is
original registration period for valid through January Form I-765 with fee denied before the re-
Haiti TPS. 22, 2013. (or fee waiver registration period
request) during the re- opens on May 23, 2011,
registration period then DO NOT file a new
that opens May 23, Form I-765. If you
2011. file a new Form I-765,
it will be denied due
to the denial of your
Form I-821.
You did not request an EAD during the You do not wish to have You do not need to file .......................
original registration period. an EAD valid through a new Form I-765.
January 22, 2013.
----------------------------------------------------------------------------------------------------------------
I am not a TPS beneficiary and I do not have a TPS application pending.
What are the procedures for Initial Registration for TPS under the
Redesignation?
Individuals who do not yet have Haiti TPS or a pending application
for TPS may submit their TPS applications during the 180-day initial
registration period that will run from May 19, 2011 through November
15, 2011.
The remainder of this Federal Register notice provides the
procedures for initial registration under the redesignation. The
following procedures do not apply to individuals who have already been
granted TPS under the original designation of Haiti. Re-registration
procedures for current TPS beneficiaries will be announced in a
subsequent Federal Register notice that will be published in May.
Required Application Forms and Application Fees To Register Initially
for TPS
To register for TPS for the first time, an applicant must submit:
1. Application for Temporary Protected Status, Form I-821 and pay
the Form I-821 application fee, which is $50, and
2. Application for Employment Authorization, Form I-765.
If you want an EAD, you must pay the Form I-765 fee only
if you are age 14 through 65. No EAD fee is required if you are under
the age of 14 or over the age of 65 and filing for initial TPS
registration.
You do not pay the Form I-765 fee if you are not
requesting an EAD.
Individuals who are in removal proceedings will be provided an
opportunity to apply for TPS in accordance with 8 CFR 244.7(d) and
1244.7(d).
You must submit both completed application forms together. If you
are unable to pay, you may apply for application and/or biometrics fee
waivers by completing Request for Fee Waiver, Form I-912, or submitting
your own request for a fee waiver, and providing satisfactory
supporting documentation. For more information on the application forms
and
[[Page 29004]]
application fees for TPS, please visit the USCIS TPS Web page at http://www.uscis.gov/tps and click on Temporary Protected Status for Haiti.
Fees for the Form I-821, Form I-765, and biometrics fee are also
described in 8 CFR 103.7(b).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay, you may
apply for a biometrics fee waiver by completing Form I-912 or your own
request for 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.
Mailing Information
Mail your application for TPS to the proper address in Table 3:
Table 3-Mailing Addresses
------------------------------------------------------------------------
For express mail and
For regular mail, courier deliveries,
If you live in . . . send to . . . send to . . .
------------------------------------------------------------------------
The state of Florida........ USCIS, P.O. Box USCIS, Attn: Haiti
4464, Chicago, IL TPS, 131 South
60680-4464. Dearborn, 3rd
Floor, Chicago, IL
60603-5520.
The state of New York....... USCIS, P.O. Box USCIS, Attn: Haiti
660167, Dallas, TX TPS, 2501 S. State
75266-0167. Hwy. 121, Business,
Suite 400,
Lewisville, TX
75067.
All other states............ USCIS, P.O. Box USCIS, Attn: Haiti
24047, Phoenix, AZ TPS, 1820 E.
85074-4047. Skyharbor Circle S,
Suite 100, Phoenix,
AZ 85034.
------------------------------------------------------------------------
E-Filing
You cannot e-file your application when applying for initial
registration for TPS. Please mail your application to the mailing
address listed in Table 2 above.
Employment Authorization Document (EAD)
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to TPS applicants at local
offices.
What documents may I show to my employer as proof of employment
authorization and identity for Form I-9 (Employment Eligibility
Verification form)?
To complete Form I-9 for new hires, an employee must present his or
her employer with proof of identity and employment authorization. For
reverification, an employee needs to provide proof of continued
employment authorization. Document choices are listed on the Lists of
Acceptable Documents on page 5 of Form I-9. An EAD is listed as an
acceptable document under ``List A.'' Therefore, TPS beneficiaries
under this redesignation of Haiti who have timely registered with USCIS
as directed under this notice and obtained an EAD may present their
valid EAD to their employers as proof of employment authorization and
identity. In the alternative, employees may present any other legally
acceptable document or combination of documents listed on the Form I-9
as proof of identity and employment authorization.
Employers may not request proof of Haitian citizenship when
completing Form I-9. Employers should accept a valid EAD so long as the
EAD reasonably appears on its face to be genuine and to relate to the
employee.
Note to Employers: Employers are reminded that the laws
requiring employment eligibility verification and prohibiting unfair
immigration-related employment practices remain in full force. This
notice does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules
setting forth reverification requirements. For questions, employers
may call the USCIS Customer Assistance Office at 1-800-357-2099.
Employers may also call DOJ's Office of Special Counsel for
Immigration Related Unfair Employment Practices (OSC) Employer
Hotline at 1-800-255-8155.
Note to Employees: Employees or applicants may call the OSC
Employee Hotline at 1-800-255-7688 for information regarding
employment problems. Additional information is available on the OSC
Web site at http://www.justice.gov/crt/osc/.
Note Regarding State and Local Government Agencies (Such as
Departments of Motor Vehicles): State and Local government agencies
are permitted to create their own guidelines when granting certain
benefits, such as a driver's license or an identification card. Each
state may have different laws and requirements pertaining to the
documents that may be used to prove eligibility for certain
benefits. If you are applying for a state or local government
benefit, you should take all documents that show that you are a TPS
beneficiary to the state or local government agency. Examples are:
(1) A copy of your Form I-821 Approval Notice (I-797), and
(2) Your EAD that has a valid expiration date (if you have a
TPS-based EAD).
[FR Doc. 2011-12440 Filed 5-18-11; 8:45 am]
BILLING CODE 9111-97-P