[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Notices]
[Pages 71151-71153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33011]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 2037-99]


Extension of Work Authorization for Certain Haitians Previously 
Granted Deferred Enforced Departure (DED) until September 30, 2000

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: From December 23, 1997, until December 22, 1998, the 
Immigration and Naturalization Service (Service) issued Employment 
Authorization Documents (EAD) to Haitian nationals on the basis of 
Deferred Enforced Departure (DED). By notice in the Federal Register on 
December 14, 1998, the Service automatically extended the validity of 
those EADs for a period of 1 year, ending December 22, 1999. By this 
notice, the Service is granting a further extension of these EADs until 
September 30, 2000. This action will provide Haitian nationals who 
obtained DED-based EADs an additional 9 months of employment 
authorization while they apply for adjustment of status pursuant to 
section 902 of the Haitian Refugee Immigration Fairness Act of 1998, 
and obtain a new EAD in connection with their application for 
adjustment of status. The automatic extension applies to EADs bearing 
the notation:

     ``A-11'' on the face of the card under ``Category'' for 
EADs issued on a Form I-766; or
     ``274A.12(A)(11)'' on the face of the card under 
``Provision of Law'' for EADs issued on a Form I-688B.

DATES: This notice is effective December 20, 1999.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Adjudications 
Officer, Immigration and Naturalization Service, Adjudications 
Division, 425 I Street, NW, Room 3214, Washington, DC 20536, telephone 
(202) 514-4754.

SUPPLEMENTARY INFORMATION: 

What is the purpose of extending employment authorization to 
certain Haitian nationals?

    On December 23, 1997, the President ordered the Attorney General to 
grant DED for 1 year to certain Haitian nationals. On October 21, 1998, 
the President signed into law the Fiscal Year 1999 Omnibus 
Appropriations Act, Public Law 105-277. Title IX of Public Law 105-277 
contains the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA). 
Specifically, section 902 of HRIFA allows certain Haitian nationals to 
adjust status to that of a lawful permanent resident. The Attorney 
General issued the HRIFA regulations in an interim rule published in 
the Federal Register at 64 FR 25756 on May 12, 1999. That rule allows 
qualified aliens to submit applications for adjustment of status under 
the HRIFA during the period from June 11, 1999, until March 31, 2000.
    The employment authorization for Haitian nationals covered by DED 
was originally scheduled to expire in December 1998. In order to allow 
these aliens to maintain their employment authorization until they 
could obtain a new EAD in connection of their DED-related EADs until 
December 22, 1999, through a notice in the Federal Register (63 FR 
68799 (December 14, 1998)). At the time this notice was published, the 
Service anticipated that the HRIFA regulations would have been issued 
earlier than May 12, 1999, which is when they were actually issued. 
Because of this unanticipated delay, affected aliens had less time to 
apply for adjustment of status under HRIFA and receive an EAD based 
upon this application before the expiration of their DED-related EAD. 
Therefore, the Service has decided to extend the validity of the DED-
related EADs for a second time, until September 30, 2000.
    This automatic extension of DED-related EADs will expire on 
September 30, 2000. Affected Haitian nationals who will need work 
authorization after September 30, 2000, should file an application for 
adjustment of status pursuant to HRIFA and related EAD applications as 
soon as possible to ensure continuous employment authorization if they 
have not already done so. In any event, all applications for adjustment 
of status under the HRIFA must be filed by March 31, 2000.

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

    No. The grant of DED for certain Haitian nationals expired on 
December 22, 1998. Therefore, the Service cannot accept new 
applications for DED-related employment authorization under that 
program. However, Haitian nationals without employment authorization 
who qualify for adjustment of status under the HRIFA may apply 
immediately for adjustment of status under HRIFA, and they can also 
apply for related employment authorization in connection with a HRIFA 
application.

Who is eligible to receive an automatic extension of employment 
authorization?

    To be eligible for an automatic extension of employment 
authorization, an individual must be a national of Haiti who previously 
applied for and was issued an EAD under the December 23, 1997, 
Presidential order mandating DED for Haitians.
    This second automatic extension is limited to EADs bearing the 
notation:

[[Page 71152]]

     ``A-11'' on the face of the card under ``Category'' for 
EADs issued on Form I-766; or,
     ``274A.12(A)(11)'' on the face of the card under 
``Provision of Law'' for EADs issued on Form I-688B.

Does a qualified individual have to apply to the Service for an 
extension of their DED-related EAD?

    No, the extension is automatic. However as discussed below, 
qualified individuals are encouraged to retain a copy of this Federal 
Register notice for purposes of the employment verification process.

What should an individual do if they have lost their DED-related 
EAD?

    An individual who has lost his or her DED-related EAD has two 
options:
    (1) The individual can submit an Application for Employment 
Authorization, Form I-765, with $100 fee or fee waiver request, to the 
Texas Service Center to obtain a replacement card. Applications for 
replacement cards should be mailed to the following address: United 
States Immigration and Naturalization Service, Texas Service Center, 
P.O. Box 152122, Department A, Irving, Texas 75015-2122; or,
    (2) If eligible, the individual can submit an application for 
adjustment of status under the HRIFA and the related employment 
authorization with the appropriate fee to the Nebraska Service Center. 
Both the application for adjustment of status under the HRIFA and the 
application for employment authorization should be addressed as 
follows: United States Immigration and Naturalization Service, Nebraska 
Service Center, P.O. Box 87245, Lincoln, NE 68501-7245. Applicants for 
adjustment of status under the HRIFA must file their applications for 
adjustment on or before March 31, 2000.
    The DED-related replacement EADs are valid until September 30, 
2000. The EADs issued on the basis of HRIFA-related applications for 
adjustment of status will be valid for 1 year from the date of 
approval.

How can eligible Haitian nationals obtain HRIFA-related employment 
authorization?

    On May 12, 1999, the Attorney General issued an interim rule at 64 
FR 25756, implementing section 902 of the HRIFA by establishing 
procedures for certain nationals of Haiti who have been residing in the 
United States to apply for lawful permanent resident status in this 
country. The interim rule includes instructions for obtaining 
employment authorization based upon a pending HRIFA-based application 
for adjustment of status. Qualified Haitian nationals filing as 
principal applicants must file for adjustment of status on or before 
March 31, 2000.
    An applicant for adjustment of status under the HRIFA who wishes to 
obtain initial employment authorization, or continued employment 
authorization when his or her prior authorization expires during the 
pendency of the adjustment of status application, may file an 
Application for Employment Authorization (Form I-765) with the Service.

When do beneficiaries of HRIFA have to file an application for new 
work authorization?

    Qualified Haitian nationals filing as principal applicants must 
file an application for adjustment of status under the HRIFA on or 
before March 31, 2000. Therefore, applicants are encouraged to submit 
their complete HRIFA-related adjustment applications as quickly as 
possible. While there is a statutory deadline for HRIFA application for 
adjustment of status for principal applicants, there is no deadline to 
file for HRIFA-related employment authorization, or for dependents to 
file for adjustment. However, the adjudication of an employment 
authorization application and issuance of an EAD may take up to 180 
days not including the round-trip mailing time. Since the automatic 
extension of the DED-related EADs will expire on September 30, 2000, 
Haitian DED grantees who apply for adjustment of status under the HRIFA 
are encouraged to submit their complete HRIFA-related adjustment 
applications and their work authorization applications as soon as 
possible, so that they may receive their HRIFA-based EADs before their 
DED-related EADs expire.

What documents can a qualified individual show to his or her 
employer as proof of employment authorization and identity when 
completing the Employment Eligibility Verification Form (Form I-9)?

    For completion of the Form I-9 at the time of hire or 
reverification, qualified Haitian nationals who have received an 
extension of employment authorization by virtue of this Federal 
Register notice can present to their employer their DED-related EAD as 
proof of valid employment authorization and identity until September 
30, 2000. To minimize confusion over this extension at the time of hire 
or re-verification, qualified Haitian nationals may also present to 
their employer a copy of this Federal Register notice regarding the 
extension of employment authorization to September 30, 2000. In the 
alternative to presenting a DED-related EAD, any legally acceptable 
document or combination of documents listed in List A, List B, or List 
C of the Form I-9 may be presented as proof of identity and employment 
eligibility; it is the choice of the employee.

How can employers determine which EADs that have been automatically 
extended through September 30, 2000, are acceptable for completion 
of the Form I-9?

    For purposes of verifying identity and employment eligibility or 
re-verifying employment eligibility on the Form I-9 until September 30, 
2000, employers of DED Haitian nationals whose employment authorization 
has been automatically extended by this notice must accept an EAD that 
bears the notation:
     ``A-11'' on the face of the card under ``Category'' for 
EADs issued on Form I-766; or,
     ``274A.12(A)(11)'' on the face of the card under 
``Provision of Law'' for EADs issued on Form I-688B.
    New EADs or extension stickers showing the automatic September 30, 
2000, expiration date will not be issued. Employers should not request 
proof of Haitian citizenship. Employers presented with an EAD that has 
been extended by this Federal Register notice and that appears to be 
genuine and to relate to the employee should accept the document as a 
valid List A document and should not ask for additional I-9 
documentation. 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 about the automatic extension.

[[Page 71153]]

How should employers fill-out the Form I-9 if an employee presents, 
at the time of hire or re-verification, an EAD that has been 
extended by this Federal Register notice?

    To complete the Form I-9 at the time of hire or 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 (in List A) or Section 
3 of the Form I-9, as appropriate:
    (1) Record the document identification information of the EAD; and
    (2) Record September 30, 2000, for the document expiration date.
    If the employee presents a copy of this Federal Register notice, 
the employer should note on Form I-9 his or her review of this 
document.

    Dated: December 16, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-33011 Filed 12-16-99; 12:30 pm]
BILLING CODE 4410-10-M