[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Notices]
[Pages 68493-68498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28316]
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DEPARTMENT OF HOMELAND SECURITY
Citizenship and Immigration Services
[CIS No. 2509-11; DHS Docket No. USCIS 2007-0027]
RIN 1615-ZB05
Extension of the Designation of Nicaragua for Temporary Protected
Status and Automatic Extension of Employment Authorization
Documentation for Nicaraguan TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: This Notice announces that the Secretary of Homeland Security
(Secretary) has extended the designation of Nicaragua for temporary
protected status (TPS) for 18 months from its current expiration date
of January 5, 2012 through July 5, 2013. The Secretary has determined
that an extension is warranted because the conditions in Nicaragua that
prompted the TPS designation continue to be met. There continues to be
a substantial, but temporary, disruption of living conditions in
Nicaragua resulting from Hurricane Mitch, and Nicaragua remains unable,
temporarily, to handle adequately the return of its nationals.
This Notice also sets forth procedures necessary for nationals of
Nicaragua (or aliens having no nationality who last habitually resided
in Nicaragua) with TPS to re-register and to apply for an extension of
their Employment Authorization Documents (EADs) (Forms I-766) with U.S.
Citizenship and Immigration Services (USCIS). Re-registration is
limited to persons who previously registered for TPS under the
designation of Nicaragua and whose applications have been granted or
remain pending. Certain nationals of Nicaragua (or aliens having no
nationality who last habitually resided in Nicaragua) who have not
previously applied for TPS may be eligible to apply under the late
initial registration provisions.
USCIS will issue new EADs with a July 5, 2013 expiration date to
eligible Nicaraguan 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 all
re-registrants may not receive new EADs until after their current EADs
expire on January 5, 2012. Accordingly, this Notice automatically
extends the validity of EADs issued under the TPS designation of
Nicaragua for 6 months, through July 5, 2012, and explains how TPS
beneficiaries and their employers may determine which EADs are
automatically extended and their impact on Form I-9 and E-Verify
processes.
DATES: The 18-month extension of the TPS designation of Nicaragua is
effective January 6, 2012 and will remain in effect through July 5,
2013. The 60-day re-registration period begins November 4, 2011 and
will remain in effect until January 5, 2012.
Further Information
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the TPS Web page at http://www.uscis.gov/tps. You can find
specific information about this extension and about TPS for Nicaragua
by selecting ``TPS Designated Country--Nicaragua'' from the menu on the
left of the TPS Web page. From the Nicaragua page, you can select the
Nicaragua 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-
[[Page 68494]]
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
Act--Immigration and Nationality Act.
DHS--Department of Homeland Security.
DOS--Department of State.
EAD--Employment Authorization Document.
Government--U.S. Government.
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices.
PRRAC--European Union's Regional Program for the Reconstruction of
Central America.
Secretary--Secretary of Homeland Security.
TPS--Temporary Protected Status.
USAID--U.S. Agency for International Development.
USCIS--U.S. Citizenship and Immigration Services.
What is Temporary Protected Status (TPS)?
TPS is an immigration status granted to eligible nationals
of a country designated for TPS under the Act (or to persons having no
nationality who last habitually resided in the designated country).
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States and may obtain work
authorization, so long as they continue to meet the requirements of TPS
status.
The granting of TPS does not lead to permanent resident
status.
When the Secretary of Homeland Security (Secretary)
terminates a country's TPS designation, beneficiaries return to the
same immigration status they maintained before TPS (unless that status
has since expired or been terminated) or to any other lawfully obtained
immigration status they received while registered for TPS.
When was Nicaragua designated for TPS?
On January 5, 1999, the Attorney General designated Nicaragua for
TPS based on an environmental disaster within that country,
specifically the devastation resulting from Hurricane Mitch. See 64 FR
526 and section 244(a)(b)(1)(B) of the Immigration and Nationality Act
(Act), 8 U.S.C. 1254a(b)(1)(B). The last extension of TPS for Nicaragua
was announced on May 5, 2010, based on the Secretary's determination
that the conditions warranting the designation continued to be met.
This announcement is the tenth extension of TPS for Nicaragua.
What authority does the Secretary of Homeland Security have to extend
the designation of Nicaragua for TPS?
Section 244(b)(1) of the Act, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate Government agencies, to
designate a foreign state (or part thereof) for TPS.\1\ The Secretary
may then grant TPS to eligible nationals of that foreign state (or
aliens having no nationality who last habitually resided in that
state). See section 244(a)(1)(A) of the Act, 8 U.S.C. 1254a(a)(1)(A).
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\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002 (HSA), Pub. L. 107-
296, 116 Stat. 2135, any reference to the Attorney General in a
provision of the Immigration and Nationality Act describing
functions transferred from the Department of Justice to the
Department of Homeland Security ``shall be deemed to refer to the
Secretary'' of Homeland Security. See 6 U.S.C. 557 (codifying HSA,
tit. XV, sec. 1517).
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At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See section 244(b)(3)(A) of
the Act, 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that a
foreign state continues to meet the conditions for TPS designation, the
designation is extended for an additional 6 months (or in the
Secretary's discretion for 12 or 18 months). See section 244(b)(3)(C)
of the Act, 8 U.S.C. 1254a(b)(3)(C). If the Secretary determines that
the foreign state no longer meets the conditions for TPS designation,
the Secretary must terminate the designation. See section 244(b)(3)(B)
of the Act, 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for Nicaragua
through July 5, 2013?
Over the past year, the Department of Homeland Security (DHS) and
the Department of State (DOS) have continued to review conditions in
Nicaragua. Based on this review and after consulting with DOS, the
Secretary has determined that an 18-month extension is warranted
because there continues to be a substantial, but temporary, disruption
of living conditions in Nicaragua resulting from Hurricane Mitch and
Nicaragua remains unable, temporarily, to handle adequately the return
of its nationals.
In October 1998, Hurricane Mitch resulted in the loss of thousands
of lives, displacement of thousands more, collapse of physical
infrastructure, and severe damage to the country's economic system. See
64 FR 526 (Jan. 5, 1999) (discussing the devastation caused by
Hurricane Mitch). The government and people of Nicaragua continue to
rely heavily on international assistance, and recovery from Hurricane
Mitch is still incomplete.
Hurricane Mitch brought extremely heavy rainfall causing severe
flooding in Nicaragua. Damage from flooding was extensive throughout
the north and northwest. Two million people were directly affected by
the storm and total material damage was estimated at $1.5 billion USD.
Nicaragua has not fully recovered from the devastation caused by
Hurricane Mitch. The hardest hit areas, Nicaragua's mountainous north
and isolated Atlantic coast, continue to be the poorest and least
developed in the country. Nicaragua is the second poorest country in
the Western Hemisphere after Haiti.
Other climatic events have further devastated the northern
mountainous region, Atlantic coast, and western part of the country
since 1998. A significant challenge to long-term recovery has been the
recurrence of these environmental disasters and ensuing damage in the
years following Hurricane Mitch. Natural disasters that further
impacted Nicaragua's economy since the devastating effects of Mitch
include Hurricane Felix in 2007, Tropical Storm Alma and Tropical
Depression 16 in 2008, Hurricane Ida in 2009, and Tropical Storm
Matthew in 2010. For example, Alma alone left more than 25,000 people
homeless. Each of these environmental events has hampered the recovery
efforts from Hurricane Mitch.
By some estimates, 145,000 homes, 90 health clinics, and 343
schools were among the infrastructure destroyed by Hurricane Mitch. In
addition to the 90 clinics, 40 health posts and six hospitals were
damaged. As of 2009, reports showed that only about 55 health
facilities, 159 schools, and over 1,600 homes were repaired or
constructed through assistance by such organizations as USAID, the
European Union's PRRAC, and Habitat for Humanity.
[[Page 68495]]
Critical food and potable water shortages were widespread as a
result of Hurricane Mitch. Over 100,000 acres of crops were destroyed
as a result of the hurricane, half of them life-sustaining food crops
such as beans and corn. The coffee crop was also hard hit as officials
estimated that 20-30% of coffee production had been lost. Crop recovery
was hampered (and continues to be hampered) by later natural disasters,
such as Hurricane Ida in 2009 and Tropical Storm Matthew in 2010. Food
insufficiency remains a threat for a large portion of the Nicaraguan
population. In an effort to combat the high levels of malnutrition
prevalent in Nicaragua's countryside, the United Nations and the
European Union have joined forces with the Nicaraguan government to
support a boost in productivity of staple crops (such as beans, corn,
and rice) by small-scale farmers. In its undated ``Closeout Report''
issued upon completion of its ``Hurricane Mitch Reconstruction
Program,'' USAID included among the Program's achievements that the
``need for water and sanitation [was] met for approximately 200,000
persons in 250 rural communities.''
Hurricane Mitch-related damage to transportation infrastructure
included the destruction of 71 bridges and damage to 8,000 km of roads.
The World Bank-funded ``Third Roads Rehabilitation and Maintenance
Project'' began in 2001 to stabilize rural roads within the region
affected by Mitch and was completed in 2007. The World Bank-funded
``Fourth Roads Rehabilitation and Maintenance Project'' to relieve
transportation bottlenecks and improve secondary and rural roads got
underway in 2006. It is currently scheduled to be completed by the end
of December 2012.
DOS has also informed DHS that political tension is increasing in
Nicaragua, including violent demonstrations and seizures of government
offices in certain northern areas along the Atlantic Coast. This area
was heavily affected by Hurricane Mitch, and the increased tension
could hinder the efforts of already-weak local institutions to provide
services and help reintegrate returned Nicaraguans.
Given the ongoing challenges faced by Nicaragua, Nicaragua remains
temporarily unable to handle adequately the return of its nationals
from the United States. Based on this review and after consultation
with the appropriate Government agencies, the Secretary finds that:
The conditions that prompted the January 5, 1999
designation of Nicaragua for TPS continue to be met. See section
244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A).
There continues to be a substantial, but temporary,
disruption in living conditions in Nicaragua as a result of an
environmental disaster. See section 244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
Nicaragua continues to be unable, temporarily, to handle
adequately the return of its nationals (or aliens having no nationality
who last habitually resided in Nicaragua). See section 244(b)(1)(B) of
the Act, 8 U.S.C. 1254a(b)(1)(B).
The designation of Nicaragua for TPS should be extended
for an additional 18-month period. See section 244(b)(3)(C) of the Act,
8 U.S.C. 1254a(b)(3)(C).
There are approximately 3,000 nationals of Nicaragua (or
aliens having no nationality who last habitually resided in Nicaragua)
who may be eligible to re-register for TPS under this extended
designation.
Notice of Extension of the TPS Designation of Nicaragua
By the authority vested in me as Secretary of Homeland Security
under section 244 of the Act, 8 U.S.C. 1254a, I have determined after
consultation with the appropriate Government agencies, that the
conditions that prompted the designation of Nicaragua for temporary
protected status (TPS) on January 5, 1999 continue to be met. See
section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the basis
of this determination, I am extending the TPS designation of Nicaragua
for 18 months from its current expiration on January 5, 2012 through
July 5, 2013.
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees To Register or Re-
register for TPS
To register or re-register for TPS for Nicaragua, an applicant must
submit:
1. Application for Temporary Protected Status, Form I-821.
You only need to pay the Form I-821 application fee if you
are filing an application for late initial registration. See 8 CFR
244.2(f)(2) and information on late initial filing on the USCIS TPS Web
page at http://www.uscis.gov/tps.
You do not need to pay the Form I-821 fee for a re-
registration.
and
2. Application for Employment Authorization, Form I-765.
If you are applying for re-registration, you must pay the
Form I-765 application fee only if you want an Employment Authorization
Document (EAD) (Form I-766).
If you are applying for late initial registration and 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 applying for late initial registration.
You do not pay the Form I-765 fee if you are not
requesting an EAD.
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 a Request for Fee Waiver (Form I-912) or
submitting a personal letter requesting a fee waiver, and 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 and click on Temporary Protected Status for
Nicaragua. Fees for Form I-821, Form I-765, and biometric services 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 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.
Refiling After Receiving a Denial of a Fee Waiver Request
USCIS urges all re-registering applicants to file as soon as
possible within the 60-day re-registration period so that USCIS can
promptly process the applications and issue EADs. Filing early will
also allow those applicants who may receive denials of their fee waiver
requests to have time to refile 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 refile by the re-
registration deadline, the applicant may still refile his or her
application. We will consider this situation as showing good cause for
late re-registration. Applicants are, however, urged to refile within
45 days of the date on their USCIS fee waiver denial notice, if at all
possible. See section 244(c)(3)(A)(iii) of the Act, 8 U.S.C.
[[Page 68496]]
1254a(c)(3)(A)(iii); 8 CFR 244.17(c). For more information on good
cause for late re-registration, please look at the Questions & Answers
for Nicaragua TPS found on the USCIS TPS Web page for Nicaragua.
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 are applying for re-registration USCIS, Attn: TPS Nicaragua,
through U.S. Postal Service. P.O. Box 6943, Chicago, IL
or You were granted TPS by an 60680-6943.
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 by the IJ or BIA.
You are applying for the first time as USCIS, Attn: TPS Nicaragua,
a late initial registrant through US P.O. Box 8631, Chicago, IL
Postal Service. 60680-8631.
You are using a Non-US Postal Service USCIS, Attn: TPS Nicaragua, 131
delivery service when applying for any S. Dearborn--3rd Floor,
of the above. Chicago, IL 60603-5517.
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E-Filing
If you are re-registering for TPS during the re-registration period
and you do not need to submit any supporting documents or evidence, you
are eligible to file your applications electronically. For more
information on e-filing, please visit the USCIS E-Filing Reference
Guide at the USCIS Web site at http://www.uscis.gov.
Employment Authorization Document (EAD)
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.
Am I eligible to receive an automatic 6-month extension of my current
EAD from January 5, 2012 through July 5, 2012?
You will receive an automatic 6-month extension of your EAD if you:
Are a national of Nicaragua (or an alien having no
nationality who last habitually resided in Nicaragua);
Received an EAD under the last extension of TPS for
Nicaragua; and
Have not had TPS withdrawn or denied.
This automatic extension is limited to EADs with an expiration date
of January 5, 2012. These EADs must also bear the notation ``A-12'' or
``C-19'' on the face of the card under ``Category.''
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 page 5 of the
Employment Eligibility Verification, Form I-9. Employers are required
to verify the identity and employment authorization of all new
employees by using Form I-9. Within three 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). An EAD is an acceptable document
under ``List A.''
If you received a 6-month automatic extension of your EAD by virtue
of this Federal Register notice, you may choose to present your
automatically extended EAD, as described above, to your employer as
proof of identity and employment authorization for Form I-9 through
July 5, 2012 (see the subsection below titled ``How do I and my
employer complete Form I-9 (i.e., verification) using an automatically
extended EAD for a new job?'' for further information). To minimize
confusion over this extension at the time of hire, you may also show
your employer a copy of this Federal Register notice confirming the
automatic extension of employment authorization through July 5, 2012.
As an alternative to presenting your automatically extended EAD, you
may choose to present any other acceptable document from List A, or
List B plus List C.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?
You must present any document from List A or any document from List
C on Form I-9 to reverify employment authorization. Employers are
required to reverify on Form I-9 the employment authorization of
current employees upon the expiration of a TPS-related EAD.
If you received a 6-month automatic extension of your EAD by virtue
of this Federal Register notice, your employer does not need to
reverify until after July 5, 2012. You and your employer, however, must
make corrections to the employment authorization expiration dates in
section 1 and section 2 of the Form I-9 (see the subsection below
titled ``What corrections should I and my employer at my current job
make to Form I-9 if my EAD has been automatically extended?'' for
further information). In addition, you may also show this Federal
Register notice to your employer to avoid confusion about whether or
not your expired TPS-related document is acceptable. After July 5,
2012, when the automatic extension expires, your employer must reverify
your employment authorization. You may show any document from List A or
List C on Form I-9 to satisfy this reverification requirement.
What happens after July 5, 2012 for purposes of employment
authorization?
After July 5, 2012, employers may not accept the EADs that were
automatically extended by this Federal Register notice. USCIS will
issue new EADs to TPS re-registrants. These EADs will have an
expiration date of July 5, 2013, and can be presented to your employer
as proof of employment authorization and identity. The EAD will bear
the notation ``A-12'' or ``C-19'' on the face of the card under
``Category.'' Alternatively, you may choose to present any other
legally acceptable document or combination of documents listed on the
Form I-9 to prove identity and employment authorization.
How do I and my employer complete Form I-9 (i.e., verification) using
an automatically extended EAD for a new job?
When using an automatically extended EAD to fill out Form I-9 for a
new job prior to July 5, 2012, you and your employer should do the
following:
(1) For Section 1, you should:
a. Check ``An alien authorized to work'';
[[Page 68497]]
b. Write your alien number (A-number) in the first space (your EAD
or other document from DHS will have your A-number printed on it); and
c. Write the automatic extension date in the second space.
(2) For Section 2, employers should:
a. Record the document title;
b. Record the document number; and
c. Record the automatically extended EAD expiration date.
After July 5, 2012, employers must reverify the employee's
employment authorization in Section 3 of Form I-9.
What corrections should I and my employer at my current job make to
Form I-9 if my EAD has been automatically extended?
If you are an existing employee who presented a TPS 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 Form I-9 as follows:
(1) For Section 1, you should:
a. Draw a line through the expiration date in the second space;
b. Write ``July 5, 2012'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 1; and
d. Initial and date the correction in the margin of Section 1.
(2) For Section 2, employers should:
a. Draw a line through the expiration date written in Section 2;
b. Write ``July 5, 2012'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
After July 5, 2012, 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 Expiring'' 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 Form I-9 to reverify an employee's
employment authorization. For existing employees with TPS EADs that
have been automatically extended, employers should disregard the E-
Verify case alert and follow the instructions above explaining how to
correct Form I-9. After July 5, 2012, employment authorization needs to
be reverified in Section 3. You should never use E-Verify for
reverification.
Can my employer require that I produce any other documentation to prove
my status, such as proof of my Nicaraguan citizenship?
No. When completing the Form I-9, employers must accept any
documentation that appears on the lists of acceptable documentation,
and that reasonably appears to be genuine and that relates to you.
Employers may not request documentation that does not appear on Form I-
9. Therefore, employers may not request proof of Nicaraguan citizenship
when completing Form I-9. If presented with EADs that have been
automatically extended pursuant to this Federal Register notice or EADs
that are unexpired on their face, employers should accept such EADs as
valid ``List A'' documents so long as the EADs reasonably appear to be
genuine and to relate to the employee. See below for important
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you because of your citizenship or immigration
status, or national origin.
Note to All 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. The USCIS Customer Assistance
Office accepts calls in English and Spanish only. Employers may also
call the Department of Justice (DOJ) 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 DOJ OSC Worker Information
Hotline at 1-800-255-7688 for information regarding employment
discrimination based upon citizenship or immigration status and
national origin, unfair documentary practices related to the Form I-9,
and discriminatory practices related E-Verify. Employers must accept
any document or combination of documents acceptable for Form I-9
completion if the documentation reasonably appears to be genuine and to
relate to the employee. Employers may not require extra or additional
documentation beyond what is required for Form I-9 completion. Further,
employees who receive an initial mismatch via E-Verify must be given an
opportunity to challenge the mismatch, and employers are prohibited
from taking adverse action against such employees based on the initial
mismatch unless and until E-Verify returns a final non-confirmation.
The Hotline accepts calls in multiple languages. Additional information
is available on the OSC Web site at http://www.justice.gov/crt/osc/.
Note Regarding Federal, 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. Each state may have
different laws, requirements, and determinations about what documents
you need to provide to prove eligibility for certain benefits. If you
are applying for a state or local government benefit, you may need to
provide the state or local government agency with documents that show
you are a TPS beneficiary and/or show you are authorized to work based
on TPS. Examples are:
(1) Your expired EAD that has been automatically extended, or your
EAD that has a valid expiration date;
(2) A copy of this Federal Register notice if your EAD is
automatically extended under this notice;
(3) A copy of your Application for Temporary Protected Status, Form
I-821 Receipt Notice (Form I-797), for this re-registration;
(4) A copy of your past or current Form I-821 Approval Notice (Form
I-797), if you receive one from USCIS; and
(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 state or local agency regarding which document(s) the
agency will accept.
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
following completion of all required SAVE verification steps, the
agency must offer you the opportunity
[[Page 68498]]
to appeal the decision in accordance with the agency's procedures. If
the agency has completed all SAVE verification and you do not believe
the response is correct, you may make an Info Pass 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. 2011-28316 Filed 11-3-11; 8:45 am]
BILLING CODE 9111-97-P