[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30325-30331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11305]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2583-16; DHS Docket No. USCIS-2014-0006]
RIN 1615-ZB51
Extension of the Designation of Nicaragua for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Nicaragua for Temporary Protected Status
(TPS) for 18 months, from July 6, 2016 through January 5, 2018.
The extension allows currently eligible TPS beneficiaries to retain
TPS through January 5, 2018, so long as they otherwise continue to meet
the eligibility requirements for TPS. The Secretary has determined that
an extension is warranted because conditions in Nicaragua supporting
its designation for TPS continue to be met.
Through this Notice, DHS also sets forth procedures necessary for
eligible nationals of Nicaragua (or aliens having no nationality who
last habitually resided in Nicaragua) to re-register for TPS and to
apply for renewal of their Employment Authorization Documents (EAD)
with U.S. Citizenship and Immigration Services (USCIS). Re-registration
is limited to persons who have previously registered for TPS under the
designation of Nicaragua and whose applications have been granted.
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 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 Nicaragua's
designation, the 60-day re-registration period runs from May 16, 2016
through July 15, 2016. USCIS will issue new EADs with a January 5,
2018, expiration date to eligible Nicaragua TPS beneficiaries who
timely re-register and apply for EADs under this extension. Given the
timeframes involved with processing TPS re-registration applications,
DHS recognizes that not all re-registrants will receive new EADs before
their current EADs expire on July 5, 2016. Accordingly, through this
Notice, DHS automatically extends the validity of EADs issued under the
TPS designation of Nicaragua for 6 months, through January 5, 2017, and
explains how TPS beneficiaries and their employers may determine which
EADs are automatically extended and the impact on Employment
Eligibility Verification (Form I-9) and the E-Verify processes.
DATES: The 18-month extension of the TPS designation of Nicaragua is
effective July 6, 2016, and will remain in effect through January 5,
2018. The 60-day re-registration period runs from May 16, 2016 through
July 15, 2016. (Note: It is important for re-registrants to timely re-
register during this 60-day 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 Nicaragua's TPS extension
by selecting ``Nicaragua'' from the menu on the left side of the TPS
Web page.
For questions concerning this Notice, you can also contact
Jerry Rigdon, Chief of the Waivers and Temporary Services 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
[[Page 30326]]
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 eligible 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 are
authorized to work and obtain EADs 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.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(2), 8 U.S.C. 1254a(c)(2).
When the Secretary terminates a country's TPS designation,
although TPS benefits end, former TPS beneficiaries continue to hold
any lawful immigration status they maintained or obtained while
registered for TPS.
When and why was Nicaragua designated for TPS?
Following the destruction wrought by Hurricane Mitch, which struck
Nicaragua in October of 1998, the Attorney General designated Nicaragua
for TPS on January 5, 1999, environmental disaster grounds. See
Designation of Nicaragua Under Temporary Protected Status, 64 FR 526
(Jan. 5, 1999). The Secretary last announced an extension of
Nicaragua's TPS designation on October 16, 2014, based on his
determination that the conditions warranting the designation continued
to be met. See Extension of the Designation of Nicaragua for Temporary
Protected Status, 79 FR 62176 (Oct. 16, 2014). This announcement is the
thirteenth extension of the TPS designation of Nicaragua since the
original designation in 1999.
What authority does the Secretary have to extend the designation of
Nicaragua for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government (Government), to designate a foreign state (or part thereof)
for TPS if the Secretary determines that certain country conditions
exist.\1\ The Secretary may then grant TPS to eligible nationals of
that foreign state (or eligible aliens having no nationality who last
habitually resided in the designated country). 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 Nicaragua
through January 5, 2018?
DHS and the Department of State (DOS) have reviewed conditions in
Nicaragua. Based on the reviews and after consulting with DOS, the
Secretary has determined that an 18-month extension is warranted
because conditions in Nicaragua supporting its designation for TPS
persist. Hurricane Mitch and subsequent environmental disasters have
substantially disrupted living conditions in Nicaragua, such that
Nicaragua remains unable, temporarily, to handle adequately the return
of its nationals.
Hurricane Mitch made landfall in Nicaragua in October 1998. The
storm killed 3,045 people and 885 were reported missing. The
devastation of Hurricane Mitch affected nearly 868,000 people.
Landslides and floods destroyed entire villages and caused extensive
damages to the transportation network, housing, medical and educational
facilities, water supply and sanitation facilities, and the
agricultural sector. Overall damage estimates ranged between $1.3-1.5
billion.
Nicaragua continues to suffer from the residual effects of
Hurricane Mitch, and subsequent disasters have caused additional damage
and added to the country's fragility. The regions most devastated by
Hurricane Mitch continue to be the poorest and least developed in the
country. Nicaragua is particularly vulnerable to recurring natural
disasters and the impact of climate change, and its resilience to such
threats is severely limited by poverty, lack of infrastructure, and
governance challenges.
Since the last extension of Nicaragua's TPS designation, Nicaragua
has experienced a series of environmental disasters that have
exacerbated the persisting disruptions caused by Hurricane Mitch and
significantly compromised Nicaragua's ability to adequately handle the
return of its nationals. Nicaragua suffered from heavy rains and
extensive flooding in October 2014, May 2015, and June 2015.
Significant earthquakes struck in Nicaragua and off its coast in April
and October of 2014. Between early May and late July 2015, the Telica
volcano erupted 426 times, causing respiratory problems in neighboring
communities. Much of the country is suffering from a prolonged regional
drought, which, combined with the coffee rust epidemic
[[Page 30327]]
in Central America, has negatively impacted livelihoods and food
security.
Hurricane Mitch and subsequent environmental disasters have had a
significant negative effect on Nicaragua's infrastructure. Only a
fraction of the 41,000 homes that were damaged or destroyed by
Hurricane Mitch have been reconstructed. Heavy rains, flooding, and
earthquakes have continued to destroy or degrade the country's housing
stock, leaving Nicaragua with a chronic housing deficit. Damages to
roads and bridges accounted for approximately 60 percent of Mitch-
related reconstruction costs. Approximately 1,500 kilometers of paved
and 6,500 kilometers of unpaved roads were damaged and 3,800 meters of
bridges were damaged or destroyed. Transportation infrastructure in the
regions hardest hit by Hurricane Mitch has not been properly
rehabilitated since the storm and has been damaged by subsequent
flooding. Only 12 percent of Nicaragua's roads are paved, representing
the lowest percentage in Central America. Damage to many schools and
health care facilities caused by Hurricane Mitch continues to go
unrepaired. Consequently, the need for reconstruction, infrastructure
improvement, and disaster preparedness projects remains ongoing.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary has determined that:
Conditions supporting the designation of Nicaragua for TPS
continue to be met. See INA section 244(b)(1)(B), (b)(3)(A) and (C), 8
U.S.C. 1254a(b)(1)(B), (b)(3)(A) and (C).
There continues to be a substantial, but temporary,
disruption in living conditions in Nicaragua as a result of an
environmental disaster. See INA section 244(b)(1)(B)(i), 8 U.S.C.
1254a(b)(1)(B)(i).
Nicaragua continues to be unable, temporarily, to
adequately handle the return of its nationals (or aliens having no
nationality who last habitually resided in Nicaragua). See INA section
244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii).
The designation of Nicaragua for TPS should be extended
for an 18-month period from July 6, 2016 through January 5, 2018. See
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
There are approximately 2,550 current Nicaragua TPS
beneficiaries who are expected to file for re-registration under the
extension.
Notice of Extension of the TPS Designation of Nicaragua
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 conditions supporting Nicaragua's
designation for TPS 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 designation of TPS for Nicaragua for 18 months,
from July 6, 2016 through January 5, 2018. 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 based on the designation of
Nicaragua, you must submit each of the following 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.
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. You do
not need to pay this fee if you are under the age of 14 or are 66 or
older.
If you are applying for re-registration, you must pay the
fee for the Application for Employment Authorization (Form I-765),
regardless of your age, if you want an EAD.
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 the application fee and/or biometrics fee, you may
complete a Request for Fee Waiver (Form I-912) or submit a personal
letter requesting a fee waiver with 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).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years and 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 complete a Request for Fee Waiver (Form I-912) or
submit a personal letter requesting a fee waiver with 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
You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue
EADs promptly. Filing early will also allow you to have time to re-file
your application before the deadline, should USCIS deny your fee waiver
request. If, however, you receive a denial of your fee waiver request
and are unable to re-file by the re-registration deadline, you may
still re-file your application. This situation will be reviewed to
determine whether you established good cause for late re-registration.
However, you are urged to re-file within 45 days of the date on any
USCIS fee waiver denial notice, if 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: 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, you 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 your TPS re-registration, if
you are 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
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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 applying through the U.S. Postal USCIS, Attn: TPS Nicaragua,
Service. P.O. Box 4413, Chicago, IL
60680.
You are using a non-U.S. Postal Service USCIS, Attn: TPS Nicaragua,
delivery service. 131 S. Dearborn Street, 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 mailing address in
Table 1. When submitting a re-registration application and/or
requesting an EAD based on an IJ/BIA grant of TPS, please include a
copy of the IJ or BIA order granting you TPS with your application.
This will aid in the verification of your grant of TPS and processing
of your application, as USCIS may not have received records of your
grant of TPS by either the IJ or the BIA.
E-filing
In May 2016, USCIS will begin processing applications for Nicaragua
TPS in its electronic immigration system. After you file by paper at
the designated USCIS mailing address noted above, USCIS will scan your
application(s) and supporting documents for adjudication
electronically. You will receive a USCIS Account Acceptance Notice in
the mail with instructions on how to create a USCIS online account.
USCIS will continue processing your application for TPS Nicaragua even
if you choose not to access your online account right away. USCIS also
will continue to send you copies of notifications about your case by
mail through the U.S. Postal Service.
Having a USCIS online account allows you to:
Check the status of your case;
Receive notifications and case updates;
Respond to requests for evidence; and
Manage your contact information online, including updating
your address.
Supporting Documents
The filing instructions on the Application for Temporary Protected
Status (Form I-821) list all the documents needed to establish basic
eligibility for TPS. You may also find information on the acceptable
documentation and other requirements for applying or registering for
TPS on the USCIS Web site at www.uscis.gov/tps under ``Nicaragua.''
Do I need to submit additional supporting documentation?
If one or more of the questions listed in Part 4, Question 2 of the
Application for Temporary Protected Status (Form I-821) applies to you,
then you must submit an explanation on a separate sheet(s) of paper
and/or additional documentation.
Employment Authorization Document (EAD)
How can I obtain information on the status of my EAD request?
To get case status information about your TPS application,
including the status of a request for an EAD, you can check Case Status
Online at http://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833). If your Application
for Employment Authorization (Form I-765) has been pending for more
than 90 days and you still need assistance, you may request an EAD
inquiry appointment with USCIS by using the InfoPass system at https://infopass.uscis.gov. However, we strongly encourage you first to check
Case Status Online or call the USCIS National Customer Service Center
for assistance before making an InfoPass appointment.
Am I eligible to receive an automatic 6-month extension of my current
EAD through January 5, 2017?
Provided that you currently have TPS under the designation of
Nicaragua, this Notice automatically extends your EAD by 6 months 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 an EAD with a marked expiration date of July 5, 2016,
bearing the notation ``A-12'' or ``C-19'' on the face of the card under
``Category.''
Although this Notice automatically extends your EAD through January
5, 2017, 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 being hired, you must present proof of identity and
employment authorization to your 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.'' You may present an acceptable receipt for a List A,
List B, or List C document as described in the Employment Eligibility
Verification (Form I-9) Instructions. An acceptable receipt is one that
shows an employee has applied to replace a document that was lost,
stolen, or damaged. If you present an acceptable receipt, you must
present your employer with the actual document within 90 days.
Employers may not reject a document based on a future expiration date.
If your EAD has an expiration date of July 5, 2016, and states ``A-
12'' or ``C-19'' under ``Category,'' it has been extended automatically
for 6 months by virtue of this Federal Register Notice, and you may
choose to present your EAD to your employer as proof of identity and
employment authorization for Employment Eligibility Verification (Form
I-9) through January 5, 2017 (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 should explain to your employer that USCIS has automatically
extended your EAD through January 5, 2017, based on your TPS. You are
also strongly encouraged, although not required, to show your employer
a copy
[[Page 30329]]
of this Federal Register Notice confirming the automatic extension of
employment authorization through January 5, 2017. As an alternative to
presenting your automatically extended EAD, you may choose to present
any other acceptable document from List A, or a combination of one
selection from List B and one selection from List C.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?
Even though EADs with an expiration date of July 5, 2016, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended for 6 months by this Federal Register Notice, your employer
will need to ask you about your continued employment authorization once
July 5, 2016, is reached to meet its responsibilities for Employment
Eligibility Verification (Form I-9). Your employer does not need to
reverify your employment authorization on Form I-9 until January 5,
2017, the expiration date of the automatic extension, but may need to
reinspect your automatically extended EAD to check the expiration date
and code to record the updated expiration date on your Form I-9 if he
or she did not keep a copy of this EAD when you initially presented it.
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). You are also strongly encouraged,
although not required, to show this Federal Register Notice to your
employer to explain what to do for Employment Eligibility Verification
(Form I-9).
By January 5, 2017, the expiration date of the automatic extension,
your employer must reverify your employment authorization. At that
time, you must present any unexpired document from List A or any
unexpired 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 Employment Eligibility
Verification (Form I-9) instructions. Your employer is required to
reverify on Employment Eligibility Verification (Form I-9) the
employment authorization of current employees upon the automatically
extended expiration date of a TPS-related EAD, which is January 5,
2017, in this case. Your employer should use either Section 3 of the
Employment Eligibility Verification (Form I-9) originally completed for
the employee or, if this section has already been completed or if the
version of Employment Eligibility Verification (Form I-9) is no longer
valid, complete Section 3 of a new Employment Eligibility Verification
(Form I-9) using the most current version. Note that your employer may
not specify which List A or List C document employees must present, and
cannot reject an acceptable receipt. An acceptable receipt is one that
shows an employee has applied to replace a document that was lost,
stolen or damaged.
Can my employer require that I produce any other documentation to prove
my current TPS status, such as proof of my Nicaraguan citizenship or
proof that I have re-registered for TPS?
No. When completing Employment Eligibility Verification (Form I-9),
including reverifying 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 Nicaraguan citizenship or proof of
re-registration for TPS when completing Employment Eligibility
Verification (Form I-9) for new hires or reverifying the employment
authorization of current employees. 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. Note that
although you are not required to provide your employer with a copy of
this Federal Register Notice, you are strongly encouraged to do so to
help avoid confusion.
What happens after January 5, 2017, for purposes of employment
authorization?
After January 5, 2017, employers may no longer accept the EADs that
this Federal Register Notice automatically extended. Before that time,
however, USCIS will work to issue new EADs to eligible TPS re-
registrants who request them. These new EADs should have an expiration
date of January 5, 2018, 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 before January 5,
2017, you and your employer should do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work;''
b. Write the automatically extended EAD expiration date (January 5,
2017) in the first space; and
c. Write your alien number (USCIS number or A-number) in the second
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).
2. For Section 2, employers should record the:
a. Document title;
b. Issuing authority;
c. Document number; and
d. Automatically extended EAD expiration date (January 5, 2017).
By January 5, 2017, 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, your employer may reinspect your
automatically extended EAD if the employer does not have a photocopy of
the EAD on file, and 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 first space;
b. Write ``January 5, 2017'' 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:
[[Page 30330]]
a. Draw a line through the expiration date written in Section 2;
b. Write ``January 5, 2017'' above the previous date;
c. Write ``EAD Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
By January 5, 2017, 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 January 5, 2017,
employment authorization must be reverified in Section 3. Employers
should not 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 [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].
Note to Employees
For general questions about the employment eligibility verification
process, you may call USCIS at 888-897-7781 (TTY 877-875-6028) or email
[email protected]. Calls are accepted in English and many other
languages. You may also call the OSC Worker Information Hotline at 800-
255-7688 (TTY 800-237-2515) for information regarding employment
discrimination based upon citizenship status, 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 Federal or state government
records.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against you based on your
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 your 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). If you believe you were discriminated against
by an employer in the E-Verify process based on citizenship or
immigration status or based on national origin, you 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;
(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 Approval Notice (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 to correct records under the Freedom of
[[Page 30331]]
Information Act 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. 2016-11305 Filed 5-13-16; 8:45 am]
BILLING CODE 9111-97-P