[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Notices]
[Pages 49920-49922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23919]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1740-95]
RIN 1115-AC30
Extension of Work Authorization for Salvadorans Under Deferred
Enforced Departure (DED); Asylum Application Filing Deadline for
Salvadorans Under the American Baptist Churches (ABC) Settlement
Agreement
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The Immigration and Naturalization Service (``the Service'')
is granting an automatic extension until January 31, 1996, of the
validity of any Employment Authorization Document (EAD or work permit)
bearing an expiration date of December 31, 1994, and previously issued
to a Salvadoran on the basis of Deferred Enforced Departure (DED). The
Service is taking this action in order to ensure an ample opportunity
for Salvadoran beneficiaries of DED to apply for a new EAD based on a
pending asylum application.
Salvadoran nationals currently eligible for benefits under the
American Baptist Churches (ABC) settlement agreement must file an
asylum application by January 31, 1996, if they do not already have one
on file, in order to remain eligible for settlement benefits.
EFFECTIVE DATE: September 27, 1995.
FOR FURTHER INFORMATION CONTACT:
Ronald Chirlin, Adjudications Officer, Immigration and Naturalization
Service, Examinations Division, 425 I Street, NW., Room 3214,
Washington, DC 20536, Telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION:
Background
The Service announced on December 6, 1994, that it was
automatically extending work authorization until September 30, 1995,
for Salvadorans covered by the DED program. 59 FR 62751. This extension
allowed Salvadorans covered by DED a transitional period to apply for
work authorization under other immigration law provisions. Almost all
Salvadorans covered by DED are class members of the ``ABC'' lawsuit,
which was settled in 1991. American Baptist Churches v. Thornburgh, 760
F.Supp. 796 (N.D. Cal. 1991). Under the ABC settlement, Salvadoran
class members are entitled to apply for asylum under the old asylum
regulations (promulgated in 1990) and may apply for work authorization
based upon a previously or concurrently filed asylum application.
On July 7, 1995, the Service published Special Filing Instructions
for ABC Class Members (Special Filing Instructions), which instruct
class members regarding the filing of asylum and employment
authorization applications. 60 FR 35424. This Notice clarifies the
Special Filing Instruction in two important respects. First, the
Special Filing Instructions advised Salvadorans with DED work
authorization valid until September 30, 1995, to file a work
authorization application as soon as possible in order to receive a new
work permit before the old one expires. This Notice extends the
validity of work permits issued to Salvadorans under DED to January 31,
1996, and similarly advises Salvadorans with DED work authorization to
file their requests for a new work permit as soon as possible.
Second, the Special Filing Instructions urged Salvadoran class
members who do not have an asylum application on file to file one as
soon as possible to maintain their eligibility for ABC benefits. This
Notice advises that the asylum application filing deadline for
Salvadoran class members has been set at January 31, 1996. Salvadorans
who already have an asylum application on file do not have to file a
new one to maintain their ABC eligibility. Salvadorans may file an
initial asylum application after this date, but they will not be
eligible for ABC benefits.
Automatic Extension of Employment Authorization
In order to ensure an ample opportunity for Salvadorans covered by
DED to apply for a new employment authorization document (EAD), the
Service is granting an automatic extension until January 31, 1996, of
the validity of their EADs. This automatic extension is limited to EAD
cards which expire on December 31, 1994, and were previously issued to
DED Salvadorans pursuant to 8 CFR 274a.12(a)(11). Affected Salvadorans
who need work authorization after January 31, 1996, should file
applications for their new EADs as soon as possible in order to ensure
continuous employment authorization.
Employers of DED Salvadorans
Employers of DED Salvadorans whose employment authorization is
automatically extended may not refuse to accept, for purposes of
verifying or reverifying employment eligibility until January 31, 1996,
an EAD card, Form I-688B, which:
(1) Bears and expiration date of December 31, 1994, (or bears on
its reverse an extension sticker punched for December 1994), and
(2) Contains the notation ``274A.12(A)(11)'' or ``274A.12(A)(12)''
on the face of the card under ``Provision of Law.''
EAD cards or extension stickers showing the automatic January 1996
expiration date will not be issued. Employers should not request proof
of Salvadoran citizenship or any other document, if an automatically
extended EAD card appears genuine and relates to the individual.
Employers are reminded that this action does not affect the right of a
worker to present any other legally acceptable document as proof of
eligibility for employment. Employers are reminded that the laws
prohibiting unfair immigration-related employment practices remain in
full force.
To complete or update the Form I-9, Employment Eligibility
Verification, for an employee who presents an automatically extended
EAD card, the employer should include or add the following information
under Section 2 (List A) or Section 3C, as appropriate:
(1) The expiration date of ``12/31/94'' from the EAD card;
(2) The last part of the provision of law, ``(A)(11)'' or
``(A)(12)'', from the face of the EAD card; and
(3) ``Automatic expiration date 1/31/96''.
Obtaining Subsequent Employment Authorization
As previously indicated, almost all Salvadorans covered by DED are
class members under the ABC settlement. In order to be eligible for
asylum-based work authorization under the settlement, Salvadoran class
members must have an asylum application on file or must file a complete
Form I-589, Request for Asylum in the United States, with the Form I-
765, Application for Employment Authorization. Class members have no
waiting period before filing a request for work authorization. ABC
class members should refer to the Form M-426, Special Filing
Instructions for ABC Class Members, for important information on the
procedures for filing their asylum and work authorization applications.
The Special Filing Instructions and the Form I-855, ABC Change of
Address Form, can be obtained at local district offices or by calling
1-800-755-0777 or 1-800-870-3676 and requesting an ``ABC packet.'' They
were also reproduced in the Federal Register on July 7, 1995, at 60 FR
35424.
Salvadorans are not under a deadline to file an application for a
new work
[[Page 49922]]
permit. However, the Service emphasizes that the adjudication of an
employment authorization application and issuance of an EAD may take 60
to 90 days not including the round-trip mailing time. Incomplete
applications will be returned causing additional delay. Therefore,
Salvadoran class members should file their work authorization
applications as soon as possible in order to receive their new work
permits before their old ones expire.
ABC Notice 5 and the Asylum Application Filing Deadline for Salvadoran
Class Members
On July 31, 1995, the Service mailed an official letter, called ABC
Notice 5, to Salvadoran class members who registered for Temporary
Protected Status (TPS). ABC Notice 5 establishes an asylum filing
deadline. (Notice 5, without the legal services list without the
attachments which it references, is reproduced at the end of this
Federal Register notice.) Salvadoran ABC class members who have never
filed an asylum application, including those who do not receive Notice
5, must do so by January 31, 1996, in order to remain eligible for ABC
benefits. Salvadorans who already have an asylum application on file do
not have to file a new one to maintain their ABC eligibility.
Salvadorans may file an initial asylum application after January 31,
1996, but they will not be eligible for ABC benefits.
As previously indicated, Salvadorans with DED work authorization
should not wait until January 31, 1996, to file their applications. In
order to avoid a lapse in employment authorization, all necessary
applications should be filed with the Service as soon as possible.
Change of Address Reporting Requirement for ABC Class Members
Salvadorans who applied for Temporary Protected Status (TPS) in
1991, but who have not received ABC Notice 5 in the mail, may not have
their current address properly on file with the Service. ABC class
members must notify the Service of any change of address by filing the
Form I-855, ABC Change of Address Form. Class members must mail the ABC
Change of Address Form, but no other materials, to the Washington, DC,
address shown on the form. Class members who have filed an asylum
application with the Service are encouraged to also send a copy of the
ABC Change of Address Form to their local asylum office.
Dated: September 21, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
Note: The ABC Notice 5 will not appear in the Code of Federal
Regulations.
Notice 5
Mailed Notice to Salvadorans Granted TPS When TPS is Over
Date: July 31, 1995.
This Letter Has Important Information About Your Legal Rights.
Read It Carefully. Show It to Your Lawyer. If You Have Questions or
Need Free Advice, Call an Organization on the Attached List.
The TPS/DED period has ended. Work authorization for Salvadorans
under DED is scheduled to expire on September 30, 1995. If you have
never applied for asylum, you must act or the INS can subject you to
deportation proceedings.
Because of the ABC (American Baptist Church) against Thornburgh
lawsuit, you can receive a new asylum interview and asylum
determination. The ABC case allows you to submit a new asylum
application. Asylum is generally for persons who fear returning to
their home country because they are afraid of being persecuted in
the future, or because they were persecuted in the past.
If you do not have an asylum application on file with the INS or
the immigration court, You Must Send an Asylum Application by
January 31, 1996 To Remain Eligible for ABC Benefits. Mail your
asylum application to the appropriate INS Service Center as
indicated in the attached Special Filing Instructions For ABC Class
Members.
If you have asylum application on file with the INS or
the immigration court, you are NOT required to send a new
application, but you can file a new application if you want to.
If you applied for asylum in the past and your
application was denied, you are entitled to a new interview and
decision. You have the right to send a new application, but you are
not required to.
You can apply for work authorization if you already
have an asylum application on file or if you file a complete asylum
application.
What To Do TO Fill Out an Asylum Application (Form I-589)
You may wish to speak to a lawyer you know or to a
legal services agency you trust so that you get it done properly. If
you do not have a lawyer, you may call one of the organizations
listed on the attached sheet for help.
For further instructions on how and where to file your
asylum application, read the instructions to the asylum application,
Form I-589 (Rev. 11-16-94), and the Special Filing Instructions for
ABC Class Members (attached).
An asylum application is not attached. You can obtain a
copy of this form at your local INS office, or you can order one by
mail by calling 1-800-870-3676 and requesting a Form I-589. The
message will ask you to provide your telephone number, but you are
not required to do so.
Work Authorization
You will receive a work permit if you file a complete
asylum application or have an application on file, and
Submit the Form I-765 (attached) to the INS, and
Follow the instructions on the forms and the Special
Filing Instructions for ABC Class Members (attached).
If You Have Questions or Need FREE Advice, Call an Organization
on the Attached List.
[FR Doc. 95-23919 Filed 9-26-95; 8:45 am]
BILLING CODE 4410-01-M