[Federal Register Volume 64, Number 33 (Friday, February 19, 1999)]
[Notices]
[Page 8407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4164]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1970-98]


Extension of Work Authorization for Certain Haitians Previously 
Granted Deferred Enforced Departure (DED); Correction

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice, Correction.

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SUMMARY: This notice is a technical correction to the Immigration and 
Naturalization Service (Service) Federal Register notice entitled 
``Extension of Work Authorization for certain Haitians granted Deferred 
Enforced Departure (DED)'' published at 63 FR 68799 on December 14, 
1998. The December 14, 1998, notice extended the validity of Employment 
Authorization Documents (EADs) granted to Haitian nationals on the 
basis of Deferred Enforced Departure (DED). This notice clarifies which 
EADs are automatically extended. The automatic extension applies to 
EADs bearing either the notation ``A-11'' on the face of the card under 
``Category'' if it was issued on a Form I-766, or the notation 
``274A.12(A)(11)'' on the face of the card under ``Provision of Law'' 
if it was issued on a Form I-688B. By this notice, the Service is 
granting an automatic extension until December 22, 1999, of the 
validity of those EADs issued on Form I-688B or Form I-766 to Haitians 
on the basis of DED. This action will allow Haitian beneficiaries of 
DED to maintain their employment eligibility until they are able to 
apply for new EADs in connection with their applications for adjustment 
of status, under section 902 of the Haitian Refugee Immigration 
Fairness Act of 1998.

DATES: This notice is effective February 19, 1999.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Immigration and 
Naturalization Service, Adjudications Division, 425 I Street, NW, Room 
3214, Washington, DC 20536, telephone (202) 514-3228, or Anne Gyemant, 
Immigration and Naturalization Service, Adjudications Division, 425 I 
Street, NW, Room 3214, Washington, DC 20536, telephone (202) 353-8921.

SUPPLEMENTARY INFORMATION: 

What is the purpose of the technical correction?

    The language in the Federal Register notice entitled ``Extension of 
Work Authorization for certain Haitians granted Deferred Enforced 
Departure (DED)'' published at 63 FR 68799 on December 14, 1998, 
provides that, in order to benefit from the automatic extension, the 
EAD card must contain the notation ``274A.12(A)(11)'' on the face of 
the card under ``Provision of Law'' and an expiration date of December 
22, 1998. This presumes that the affected Haitians were all issued EAD 
cards on Form I-688B. However, the Service also issued EAD cards on the 
Form I-766. The Form I-766 does not contain any references to 
``Provision of Law.'' The corresponding field to ``Provision of Law'' 
on a Form I-766 is the ``Category'' field, under which ``A-11'' should 
appear. Additionally, some EADs may contain an expiration date other 
than December 22, 1998. Therefore, in order to benefit from the 
extension, an EAD card must contain either the notation 
``274A.12(A)(11)'' on the face of the card under ``Provision of Law'' 
if it was issued on Form I-688B, or the notation ``A-11'' on the face 
of the card under ``Category'' if it was issued on Form I-766. The card 
does not have to have an expiration date of December 22, 1998.

Can an applicant who is eligible for DED under the December 23, 
1997, Presidential order still apply if he or she has not already 
done so?

    No. Applications for DED-related employment authorization received 
after December 22, 1998, will be rejected. Applications that were 
received by either the Texas Service Center or the Service Center 
having jurisdiction over the applicant's place of residence on or 
before December 22, 1998, will be accepted.

How can employers determine which employees have an additional year 
of employment authorization?

    For purposes of verifying identity and employment eligibility or 
re-verifying employment eligibility on the Form I-9 until December 22, 
1999, employers of DED Haitians whose employment authorization is 
automatically extended must accept an EAD card which contains either 
the notation ``274A.12(A)(11)'' on the face of the card under 
``Provision of Law'' if it was issued on a Form I-688B, or the notation 
``A-11'' on the face of the card under ``Category'' if it was issued on 
a Form I-766.
    EAD cards or extension stickers showing the automatic December 22, 
1999, expiration date will not be issued. Qualified Haitian nationals 
will be sent a letter to their last known address. Employers should not 
request proof of Haitian citizenship or any other additional document 
if the documentation presented by the employee satisfies the I-9 
requirements and appears to be genuine and to relate to the employees. 
This action by the Service through this notice in the Federal Register 
does not affect the right of an employee to present any legally 
acceptable document as proof of identity and eligibility for 
employment. Employers are reminded that the laws prohibiting unfair 
immigration-related employment practices remain in full force. 
Employers may call the Service's Office of Business Liaison employer 
hotline at 1-800-357-2099 to speak to a Service representative about 
this Notice. Employers can also call the Office of special Counsel for 
Immigration Related Unfair Employment Practices (OSC) Employer Hotline 
at 1-800-255-8155. Employees or applicants can call the OSC Employee 
Hotline at 1-800-255-7688.

How should employers fill out the Form I-9?

    To complete the Form I-9 at the time of hire re re-verification for 
an employee who presents an EAD card that has been automatically 
extended by this Federal Register notice, the employer should include 
or add the following information under Section 2 (List A) or Section 3 
of the Form I-9, as appropriate:
    (1) Record the document identification information of the EAD; and
    (2) Record December 22, 1999, for the document expiration date.
    If the employee presents the INS letter that was mailed to the 
alien employee's last known address informing him or her of the 
extension or a copy of this Federal Register notice, the employer 
should note on Form I-9 his or her review of these documents.

    Dated: February 1, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-4164 Filed 2-18-99; 8:45 am]
BILLING CODE 4410-10-M