[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Notices]
[Pages 62170-62176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24559]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2543-14; DHS Docket No. USCIS-2014-0007]
RIN 1615-ZB28
Extension of the Designation of Honduras for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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[[Page 62171]]
SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Honduras for Temporary Protected Status
(TPS) for 18 months from January 6, 2015 through July 5, 2016.
The extension allows currently eligible TPS beneficiaries to retain
TPS through July 5, 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 Honduras that
prompted the TPS designation continue to be met. There continues to be
a substantial, but temporary, disruption of living conditions in
Honduras resulting from Hurricane Mitch, and Honduras remains unable,
temporarily, to handle adequately the return of its nationals.
Through this Notice, DHS also sets forth procedures necessary for
nationals of Honduras (or aliens having no nationality who last
habitually resided in Honduras) 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 Honduras and whose applications have been granted.
Certain nationals of Honduras (or aliens having no nationality who last
habitually resided in Honduras) 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 December 30, 1998, and continuous
physical presence in the United States since January 5, 1999).
For individuals who have already been granted TPS under the
Honduras designation, the 60-day re-registration period runs from
October 16, 2014 through December 15, 2014. USCIS will issue new EADs
with a July 5, 2016 expiration date to eligible Honduras 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 January 5,
2015. Accordingly, through this Notice, DHS automatically extends the
validity of EADs issued under the TPS designation of Honduras for 6
months, through July 5, 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 Honduras is
effective January 6, 2015, and will remain in effect through July 5,
2016. The 60-day re-registration period runs from October 16, 2014
through December 15, 2014. (Note: It is important for re-registrants to
timely re-register during this 60-day re-registration period, and not
to wait until their EADs expire.)
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 Honduras
for TPS by selecting ``TPS Designated Country: Honduras'' 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
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
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 Honduras designated for TPS?
On January 5, 1999, the Attorney General designated Honduras for
TPS based on an environmental disaster within that country,
specifically the devastation resulting from Hurricane Mitch. See
Designation of Honduras Under Temporary Protected Status, 64 FR 524
(Jan. 5, 1999). The Secretary last announced the extension of the
Honduras TPS designation on April 3, 2013 based on the determination
that the conditions warranting the designation continued to be met. See
Extension of the Designation of Honduras for Temporary Protected
Status, 78 FR 20123 (Apr. 3, 2013). This announcement is the twelfth
extension of TPS for Honduras since the original designation in 1999.
What authority does the Secretary of Homeland Security have to extend
the designation of Honduras for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate U.S. Government
(Government) agencies, to designate a foreign state (or part thereof)
for TPS if the Secretary finds that
[[Page 62172]]
certain country conditions exist.\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 may be extended for an additional period of 6, 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 Honduras through
July 5, 2016?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Honduras. Based on this review and
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the disruption in living
conditions in affected areas of Honduras resulting from the
environmental disaster that prompted the January 5, 1999 designation
persists.
Hurricane Mitch devastated Honduras in October 1998, killing 5,657
people and injuring 12,272 people. Hurricane Mitch destroyed tens of
thousands of homes and a large portion of Honduras's infrastructure, as
well as causing outbreaks of disease. All 18 of Honduras's departments
suffered damage from the storm. The effects of Hurricane Mitch are
still being felt in Honduras, causing continued disruption of living
conditions.
Natural disasters have occurred frequently since Hurricane Mitch in
1998. Over the last 5 years, Honduras has continued to suffer a series
of environmental events that have significantly impeded economic
development and recovery, compounding the disruption in living
conditions caused by Hurricane Mitch. In 2014, Honduras is experiencing
a drought that has caused crop failures and shortages of staple food
items, contributing to food insecurity, similar to a drought
experienced in 2012. In 2013, 25 percent of the country's coffee crops
were affected by climate-related rust fungus, which resulted in a
significant reduction in producer incomes and employment opportunities
in rural areas. In 2011, flooding killed 29 people and affected nearly
70,000 others across the country, and caused severe damage to
infrastructure, housing, and agricultural crops, including the
destruction of more than 60 percent of basic grain plantings in some
southern areas of the country. In 2010, Tropical Storm Agatha killed 14
people and damaged nearly 1,000 houses, 44 roads, and 25 bridges. In
2009, a strong earthquake damaged houses, buildings, roads, bridges,
and water systems. Globally, Honduras is considered to be among the
countries that are the most vulnerable to natural disasters, including
those related to extreme weather events. Although recovery efforts have
been implemented, the United Nations Development Programme states that
Mitch economically and socially set-back Honduras by twenty years.
Consequently, reconstruction efforts in Honduras are ongoing.
Estimates of damaged or destroyed dwellings and the resulting
homelessness vary. Local government and non-governmental organization
figures indicate the destruction of homes by Hurricane Mitch ranges
between approximately 35,000 and 66,000. Reports also indicate that
between 44,150 and 285,000 individuals were left homeless as a result
of Hurricane Mitch. Housing losses were estimated at $344 million, with
repairs and reconstruction expected to cost $485 million due to
inflation. People who were internally relocated reportedly lacked
employment opportunities and access to health and educational services.
Hurricane Mitch destroyed an estimated 60 to 70 percent of
transportation infrastructure, including as many as 189 bridges. It is
estimated that over 11 kilometers of bridges were partially or
completely destroyed. In May 2009, the World Bank approved a $25-
million loan for road rehabilitation and improvement, a project that
remained active as of April 2014.
In 2011, the Economic Commission for Latin America and the
Caribbean estimated that Honduras sustained approximately $205 million
in material losses as a result of floods and landslides, which most
heavily affected houses, agriculture, and infrastructure in southern
Honduras. The floods resulted in damages to the shrimp business, the
main industry along the Pacific region, and losses to the melon and
cantaloupe crop in Valle and Choluteca, where most large export
plantations are located. The Economic Commission for Latin America and
the Caribbean (ECLAC) estimates that in 2011 Honduras sustained
approximately US$205 million in material losses as a result of floods
and landslides, which most heavily affected houses, agriculture, and
infrastructure in southern Honduras. For example, the floods resulted
in damages to the shrimp business, the main industry along the Pacific
region, and losses to the first melon and cantaloupe crop cycle in
Valle and Choluteca, where most large export plantations are located.
Landslides and floods caused by Hurricane Mitch damaged both the
potable water distribution systems and sewage treatment facilities in
urban and rural Honduras. This posed serious health risks to the
population. The international community funds water and sanitation
projects, such as a 2007 World Bank project for a $35-million loan for
water supply and sanitation services improvement projects. The projects
are scheduled to be completed in December 2016.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the January 5, 1999
designation of Honduras 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).
There continues to be a substantial, but temporary,
disruption in living conditions in Honduras as a result of an
environmental disaster. See INA section 244(b)(1)(B), 8 U.S.C.
1254a(b)(1)(B),
Honduras continues to be unable, temporarily, to handle
adequately the return of its nationals (or aliens having no nationality
who last habitually resided in Honduras). See section 244(b)(1)(B) of
the Act, 8 U.S.C. 1254a(b)(1)(B).
The designation of Honduras for TPS should be extended for
an additional 18-month period from January 6, 2015 through July 5,
2016.
[[Page 62173]]
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
There are approximately 61,000 current Honduras 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 Honduras
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
designation of Honduras for TPS in 1999 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 Honduras
for 18 months from January 6, 2015 through July 5, 2016. See INA
section 244(b)(2) and (b)(3), 8 U.S.C. 1254a(b)(2) and (b)(3).
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 Honduras, 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 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. If you choose to do this, you would file the Application for
Temporary Protected Status (Form I-821) with the fee and the
Application for Employment Authorization (Form I-765) without the fee
and without requesting an EAD.
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 re-registering for TPS through U.S. Citizenship and
the U.S. Postal Service. Immigration Services; Attn:
TPS Honduras; P.O. Box 6943;
Chicago, IL 60680-6943.
or
You were granted TPS by an Immigration
Judge (IJ) or the Board of Immigration
Appeals (BIA), and you wish to request
an EAD,
or
You are re-registering for the first
time following a grant of TPS by an IJ
or BIA and you are mailing through the
U.S. Postal Service
[[Page 62174]]
You are registering late for the first U.S. Citizenship and
time with a late initial filing Immigration Services; Attn:
through the U.S. Postal Service. TPS Honduras; P.O. Box 6943;
Chicago, IL 60680-6943.
You would like to send your application U.S. Citizenship and
using a non-U.S. Postal Service Immigration Services; Attn:
delivery service (for re-registrations TPS Honduras; 131 S. Dearborn--
AND late initial filings). 3rd Floor; Chicago, IL 60603-
5517.
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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.
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 http://www.uscis.gov/e-filing.
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 through July 5, 2015?
Provided that you currently have TPS under the Honduras
designation, this notice automatically extends your EAD by 6 months if
you:
Are a national of Honduras (or an alien having no
nationality who last habitually resided in Honduras);
Received an EAD under the last extension of TPS for
Honduras; and
Have an EAD with a marked expiration date of January 5,
2015, bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.''
Although this Notice automatically extends your EAD through July 5,
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 January 5, 2015, 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 July 5, 2015 (see the subsection titled
``How do my employer and I complete the Employment Eligibility
Verification (Form I-9) 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, 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 January 5, 2015 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
January 5, 2015 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
July 5, 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 my current employer and I 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 July 5, 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-
[[Page 62175]]
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) has expired
(check the date in the upper right-hand corner of the form), 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 Honduran 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) 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 Honduran 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 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 July 5, 2015 for purposes of employment
authorization?
After July 5, 2015, employers may no longer accept the EADs that
this Federal Register Notice automatically extended. Before that time,
however, USCIS will endeavor to issue new EADs to eligible TPS re-
registrants who request them. These new EADs will have an expiration
date of July 5, 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) 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 5,
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 (July 5,
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 (July 5, 2015).
No later than July 5, 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 ``July 5, 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 ``July 5, 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 July 5, 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 and you have an
employee who is a TPS beneficiary who provided a TPS-related EAD when
he or she first started working for you, you will receive a ``Work
Authorization Documents Expiring'' case alert when this 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 July 5, 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 reverification
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 800-237-2515), which offers
language interpretation in numerous languages, or email OSC at
[email protected].
[[Page 62176]]
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 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 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 Lists 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.
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 employee
that believes he or she was discriminated against by an employer 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 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. 2014-24559 Filed 10-15-14; 8:45 am]
BILLING CODE 9111-97-P