[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Pages 3053-3054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1634]



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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1740E-95]
RIN 1115-AC30


Further Extension of Work Authorization for Salvadorans Under 
Deferred Enforced Departure (DED)

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: The Immigration and Naturalization Service (``the Service'' or 
``INS'') is granting a further automatic extension until April 30, 
1996, of the validity of any Employment Authorization Document (EAD or 
work permit) bearing an expiration date of December 31, 1994, 
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 mail an 
asylum application to the appropriate INS Service Center by January 31, 
1996, if they do not already have one on file, in order to remain 
eligible for settlement benefits. Asylum applications will be 
considered timely filed if postmarked on or before January 31, 1996. 
This notice does not constitute an extension of the ABC asylum 
application filing deadline.

EFFECTIVE DATE: January 30, 1996.

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 in the Federal Register 
Special Filing Instructions for ABC Class Members, Form M-426, which 
provided instructions to class members regarding the filing of asylum 
and employment authorization applications. 60 FR 35424. On July 31, 
1995, the Service mailed ABC Notice 5 advising Salvadoran ABC class 
members who have never filed an asylum application to do so by January 
31, 1996, in order to remain eligible for ABC benefits. In a notice 
published September 27, 1995, the Service clarified the ABC Special 
Filing Instructions, extended the validity of DED-based work permits 
until January 31, 1996, and published the text of Notice 5. 60 FR 
49921.
    Salvadoran ABC class members who apply for asylum and employment 
authorization in the period ending on January 31, 1996, may face a 
lapse in their employment authorization, since the processing time for 
EAD applications at the Service Centers is approximately 60 to 90 days. 
In order to avoid possible interruption of employment authorization for 
class members, this Notice extends the validity of Salvadoran DED-based 
work permits until April 30, 1996, and reminds Salvadorans with DED 
work authorization to file their requests for a new work permit as soon 
as possible.

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 of the validity of their 
EADs until April 30, 1996. 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). Salvadorans who need 
work 

[[Page 3054]]
authorization after April 30, 1996, should file applications for their 
new EADs as soon as possible in order to ensure continuous employment 
authorization.

Employers of DED Salvadorans

    For purposes of verifying or reverifying employment eligibility 
until April 30 1996, employers of DED Salvadorans whose employment 
authorization is automatically extended may not refuse to accept an EAD 
card, Form I-688B, which:
    (1) Bears an 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 April 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 law 
prohibiting unfair immigration-relate 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 4/30/96''.

Obtaining Subsequent Employment Authorization

    In order to be eligible for asylum-based work authorization under 
the ABC settlement, Salvadoran class members must have an asylum 
application on file or must mail a complete Form I-589, Request for 
Asylum in the United States, to the appropriate INS Service Center on 
or before January 31, 1996. 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.''
    Although Salvadorans do not have a deadline for filing employment 
authorization applications, the Service emphasizes that the 
adjudication of the application and issuance of the EAD may take 60 to 
90 days not including delays caused by incomplete applications. 
Therefore, Salvadoran class members should file their work 
authorization applications early enough to allow for issuance and 
return of their new work permits before their old ones expire.

ABC Notice 5 and the Asylum Application Filing Deadline for Salvadoran 
Class Members

    Salvadoran ABC class members who have never filed an asylum 
application, including those who did not receive Notice 5, must mail a 
complete asylum application by January 31, 1996, in order to remain 
eligible for ABC benefits. This asylum filing deadline remains 
unchanged. Salvadorans may file an initial asylum application after 
January 31, 1996, but they will not be eligible for ABC benefits.

Change of Address Reporting Requirement for ABC Class Members

    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 also to 
send a copy of the ABC Change of Address Form to their local asylum 
office.

    Dated: January 23, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-1634 Filed 1-29-96; 8:45 am]
BILLING CODE 4410-10-M