[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