[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Notices]
[Pages 1450-1454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-441]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2337-04]
RIN 1615-ZA15


Extension of the Designation of Temporary Protected Status for El 
Salvador; Automatic Extension of Employment Authorization Documentation 
for El Salvador TPS Beneficiaries

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

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SUMMARY: The Temporary Protected Status designation for El Salvador 
will expire on March 9, 2005. This notice extends the designation of El 
Salvador for 18 months, until September 9, 2006, and sets forth 
procedures necessary for nationals of El Salvador (or aliens having no 
nationality who last habitually resided in El Salvador) with TPS to re-
register and to apply for an extension of their employment 
authorization documents (EADs) for the additional 18-month period. Re-
registration is limited to persons who registered under the initial 
designation announced on March 9, 2001 or who filed their first 
application for TPS under the late initial registration provisions at 8 
CFR 244.2(f)(2) and also timely re-registered under each subsequent 
extension of the designation. Eligible aliens also must have maintained 
continuous physical presence in the United States since March 9, 2001, 
and continuous residence in the United States since February 13, 2001. 
Certain nationals of El Salvador (or aliens having no nationality who 
last habitually resided in El Salvador) who have not previously applied 
for temporary protected status may be eligible to apply under the late 
initial registration provisions.
    Given the large number of Salvadorans affected by this notice, the 
Department of Homeland Security recognizes that many re-registrants may 
not receive their new employment authorization documents until after 
their current documents expire on March 9, 2005. Accordingly, this 
notice automatically extends the validity of employment authorization 
documents issued under the temporary protected status designation of El 
Salvador for 6 months, until September 9, 2005, and explains how 
temporary protected status beneficiaries and their employers may 
determine which employment authorization documents are automatically 
extended.

EFFECTIVE DATES: The extension of temporary protected status for El 
Salvador is effective March 9, 2005, and will remain in effect until 
September 9, 2006. The 60-day re-registration period begins January 7, 
2005, and will remain in effect until March 8, 2005.

FOR FURTHER INFORMATION CONTACT: Colleen Cook, Residence and Status 
Services, Office of Programs and Regulations Development, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529, 
telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This Document.

Act--Immigration and Nationality Act
DHS--Department of Homeland Security
DOS--Department of State
EAD--employment authorization document
INS--Immigration and Naturalization Service
RIC--Resource Information Center
TPS--temporary protected status
USCIS--U.S. Citizenship and Immigration Services

What Authority Does the Secretary of DHS Have To Extend the Designation 
of TPS for El Salvador?

    On March 1, 2003, the functions of the Immigration and 
Naturalization Service (INS) transferred from the Department of Justice 
(DOJ) to the Department of Homeland Security (DHS) pursuant to the 
Homeland Security Act of 2002, Public Law 107-296. The responsibilities 
for administering temporary protected status (TPS) held by the former 
INS were transferred to U.S. Citizenship and Immigration Services 
(USCIS).
    Under section 244 of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a, the Secretary of DHS, after consultation with appropriate 
agencies of the Government, is authorized to designate a foreign state 
(or part thereof) for TPS. 8 U.S.C. 1254a(b)(1). The Secretary of DHS 
may then grant TPS to eligible nationals of that foreign state (or 
aliens having no nationality who last habitually resided in that 
state). 8 U.S.C. 1254a(a)(1).
    At least 60 days before the expiration of the TPS designation or 
any extension thereof, section 244(b)(3)(A) of the Act requires the 
Secretary of DHS to review, after consultation with appropriate 
agencies of the Government, the

[[Page 1451]]

conditions in a foreign state designated for TPS to determine whether 
the conditions for a TPS designation continue to be met and, if so, the 
length of an extension of the TPS designation. 8 U.S.C. 1254a(b)(3)(A). 
If the Secretary of DHS determines that the foreign state no longer 
meets the conditions for TPS designation, he shall terminate the 
designation, as provided in section 244(b)(3)(B) of the Act. 8 U.S.C. 
1254a(b)(3)(B). Finally, if the Secretary of DHS does not determine 
that a foreign state (or part thereof) no longer meets the conditions 
for designation at least 60 days before the designation is due to end, 
section 244(b)(3)(C) of the Act provides for an automatic extension of 
TPS for an additional period of 6 months (or, in the discretion of the 
Secretary of DHS, a period of 12 or 18 months). 8 U.S.C. 
1254a(b)(3)(C).

Why did the Secretary of DHS decide to extend the TPS designation for 
El Salvador?

    On March 9, 2001, a notice was published in the Federal Register at 
66 FR 14214, designating El Salvador for TPS due to the devastation 
resulting from a series of severe earthquakes. The designation of El 
Salvador for TPS subsequently has been extended twice, with notice of 
such determinations published in the Federal Register (67 FR 46000; 68 
FR 42071). The most recent extension became effective on September 9, 
2003, and is due to end on March 9, 2005.
    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in El Salvador. Due to ongoing 
reconstruction of infrastructure and housing damaged by the 
earthquakes, the Secretary of DHS has determined that an 18-month 
extension of the TPS designation is warranted because El Salvador 
remains unable, temporarily, to adequately handle the return of its 
nationals. 8 U.S.C. 1254a(b)(1)(B). On October 15, 2004, DOS submitted 
a memorandum to USCIS recommending the extension of TPS for El Salvador 
(the DOS Recommendation).
    DOS notes that the 2001 earthquakes damaged or destroyed over 
300,000 houses in El Salvador leaving more than 1.5 million people, a 
quarter of the country's population, without adequate housing. 
According to a report in October 2004 from the USCIS Resource 
Information Center (RIC Report), El Salvador's Vice-Ministry of Housing 
reported in July 2004 that 102,000 houses had been rebuilt or were 
under construction. Id. Construction of another 11,500 houses is due to 
begin soon. Id. DOS estimates that almost 50% of the people who lost 
housing during the earthquakes are still without permanent shelter. 
(DOS Recommendation).
    The earthquakes also severely damaged or destroyed over 35% of the 
nation's schools. (RIC Report). Significant progress has been made in 
school reconstruction. Id. El Salvador's Ministry of Education reported 
in February 2004 that five percent of the schools damaged by the 
earthquakes still needed to be rebuilt. Id. Nevertheless, over 250 
schools still require repair at a cost of approximately $21.7 million. 
(DOS Recommendation).
    The pace of reconstruction of health infrastructure has been 
slower. The earthquakes caused severe damage to 55% of the nation's 
health infrastructure. (RIC Report). While the Government of El 
Salvador has made significant progress in the reconstruction of health 
centers, virtually no progress has been made in the reconstruction of 
hospitals. (DOS Recommendation). A World Bank loan for the 
reconstruction of hospitals was made available in 2004. Id. The 
Government of El Salvador expects to complete hospital reconstruction 
in 2007. Id., (RIC Report).
    Based upon this review, the Secretary of DHS, after consultation 
with appropriate Government agencies, finds that the conditions that 
prompted the designation of El Salvador for TPS continue to be met. 8 
U.S.C. 1254a(b)(3)(A). There continues to be a substantial, but 
temporary, disruption in living conditions in El Salvador as the result 
of an environmental disaster, and El Salvador remains unable, 
temporarily to handle adequately the return of its nationals. 8 U.S.C. 
1254a(b)(1)(B). On the basis of these findings, the Secretary of DHS 
concludes that the TPS designation for El Salvador should be extended 
for an additional 18-month period. 8 U.S.C. 1254a(b)(3)(C).

If I currently have benefits through the TPS designation of El 
Salvador, should I re-register for TPS?

    Yes. If you already have received benefits through the TPS 
designation of El Salvador, your benefits will expire on March 9, 2005. 
Accordingly, individual TPS beneficiaries must comply with the re-
registration requirements described below in order to maintain TPS 
benefits through September 9, 2006. TPS benefits include temporary 
protection against removal from the United States, as well as 
employment authorization, during the TPS designation period. 8 U.S.C. 
1254a(a)(1).

If I am currently registered for TPS, how do I re-register under the 
extension?

    All persons previously granted TPS under the designation of El 
Salvador who wish to maintain such status must re-register under the 
extension by filing the following: (1) Form I-821, Application for 
Temporary Protected Status, without fee; (2) Form I-765, Application 
for Employment Authorization (see the chart below to determine whether 
you must submit the one hundred and seventy-five dollar ($175) filing 
fee with Form I-765); and (3) a biometric service fee of seventy 
dollars ($70) if you are 14 or older, or if you are under 14 and 
requesting an employment authorization document (EAD). The biometric 
service fee will not be waived. 8 CFR 103.2(e)(4)(i), (iii). Unlike 
previous registration periods, TPS applicants need not submit 
photographs with the TPS application because a photograph will be taken 
when the alien appears at an Application Support Center (ASC) for 
collection of biometrics. Aliens who have previously registered for TPS 
but whose applications remain pending should follow these instructions 
if they wish to renew their TPS benefits.
    An application submitted without the required fees will be returned 
to the applicant. Please note that Form I-821 has been revised and the 
new form has a Revision Date of 11/5/04. The previous revision of Form 
I-821, with Revision Date 7/30/04, will be accepted through January 3, 
2005. Applicants submitting the earlier revision of Form I-821 should 
submit their application materials as outlined in this Federal Register 
notice. After January 3, 2005, only the new form with Revision Date 11/
05/04 will be accepted. Submissions of older versions of Form I-821 
will be rejected. Unlike previous registration periods, all 
applications for re-registration and late-initial registration are to 
be submitted, with applicable fees, to the USCIS Lockbox in Chicago, 
Illinois as outlined in this Federal Register notice, during the 60-day 
re-registration period that begins January 7, 2005, and ends March 8, 
2005. An interim EAD will not be issued unless the Form I-765, as part 
of the TPS registration package, has been pending with USCIS more than 
90 days after all requested initial evidence has been received, 
including collection of the applicant's biometrics at an ASC. See 8 CFR 
103.2(b)(10)(ii) and 8 CFR 274a.13(d).

[[Page 1452]]

Where can I obtain a copy of the new Form I-821 dated 11/5/04?

    TPS forms are available from the toll-free USCIS Forms line, 1-800-
870-3676, from your local USCIS district office, or from the USCIS Web 
site: http://uscis.gov.

Who must submit the $175 filing fee for the Form I-765?

    Although all re-registrants must submit the Form I-765, those re-
registrants and aliens renewing an EAD, regardless of age, must submit 
the $175 filing fee or a properly documented fee waiver request 
pursuant to 8 CFR 244.20. Persons between the ages of 14 and 65 
(inclusive) filing under the late initial registration provisions who 
are requesting an EAD must also submit the $175 fee or a fee waiver 
request pursuant to 8 CFR 244.20. Aliens who are submitting Form I-765 
only for data-gathering purposes (as explained in the chart below) are 
not required to submit a $175 filing fee, nor are they required to 
submit a fee waiver request.

 
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                   If:                                 Then:
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You are re-registering for or renewing a   You must complete and file
 TPS-related EAD, regardless of your age.   the Form I-765, Application
                                            for Employment
                                            Authorization, with the $175
                                            fee or a fee waiver request
                                            in accordance with 8 CFR
                                            244.20.
You are not requesting an EAD............  You must complete and file
                                            Form I-765 (for data-
                                            gathering purposes only)
                                            with no fee.\1\
You are applying for a TPS-related EAD     You must complete and file
 under the late initial registration        Form I-765 (for data-
 provisions and are under age 14 or over    gathering purposes only)
 age 65.                                    with no fee.
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\1\ An applicant who does not want an EAD does not need to submit the
  $175 fee, but must complete and submit Form I-765 for data-gathering
  purposes.

Who must submit the $70 biometric service fee?

    All aliens 14 years of age and older who are re-registering for 
TPS, renewing temporary treatment benefits, or late initial registering 
must submit the $70 biometric service fee. In addition, any applicant 
under the age of 14 choosing to apply for an EAD must submit the $70 
biometric service fee, as a photograph, signature, and fingerprint are 
required to produce the EAD. The biometric service fee will not be 
waived. 8 CFR 103.2(e)(4)(i), (iii).

Where should an applicant submit his or her application to re-register, 
late initial register, or renew temporary treatment benefits?

    If you are re-registering and have previously filed with the 
Vermont Service Center, the Form I-821, Form I-765, fees, and all 
supporting documentation should be filed at the USCIS Chicago Lockbox 
at: U.S. Citizenship and Immigration Services, P.O. Box 6943, Chicago, 
IL 60680-6943.
    Or, for non-United States Postal Service (USPS) deliveries: U.S. 
Citizenship and Immigration Services, Attn: TPS/VSC, 427 S. LaSalle--
3rd Floor, Chicago, IL 60605.
    If you are re-registering and have previously filed with either the 
California Service Center, Texas Service Center, or Nebraska Service 
Center or if you are filing a late initial registration, the Form I-
821, Form I-765, fees, and all supporting documentation should be filed 
at the USCIS Chicago Lockbox at: U.S. Citizenship and Immigration 
Services, Attn: TPS El Salvador, P.O. Box 87583, Chicago, IL 60680-
0583.
    Or, for non-United States Postal Service (USPS) deliveries: U.S. 
Citizenship and Immigration Services, Attn: TPS El Salvador, 427 S. 
LaSalle--3rd Floor, Chicago, IL 60605.
    Please note that this is not the location where you have submitted 
your forms during previous re-registration periods. Also, there are two 
different P.O. Boxes listed. Failure to use the appropriate P.O. Box 
may delay processing your TPS application. Aliens re-registering or 
late initial registering for TPS under the designation of El Salvador 
should not send their TPS forms and fees directly to a USCIS Service 
Center or district office. Failure to follow these instructions may 
delay processing of your TPS application.
    Aliens re-registering for TPS under the designation of El Salvador 
during the re-registration period from January 7, 2005, to March 8, 
2005, may file the Form I-821, I-765 and fees electronically by using 
E-filing at the USCIS Web site, www.uscis.gov. In order to properly re-
register using E-filing, aliens must start the electronic filing with 
Form I-821, and the system will then link the alien to Form I-765 once 
Form I-821 is complete. Aliens re-registering for TPS after March 8, 
2005, or aliens late initial registering may not file electronically, 
and must send their application materials to the USCIS Chicago Lockbox. 
Failure to follow these instructions may result in an incomplete filing 
and delay processing of your TPS application.

Who is eligible to receive an automatic extension of his or her EAD 
from March 9, 2005 to September 9, 2005?

    To receive an automatic extension of his or her EAD, an individual 
must be a national of El Salvador (or an alien having no nationality 
who last habitually resided in El Salvador) who has applied for and 
received an EAD under the TPS designation of El Salvador and who has 
not had TPS withdrawn or denied. This automatic extension is limited to 
EADs issued on either Form I-766, Employment Authorization Document, or 
Form I-688B, Employment Authorization Card, bearing an expiration date 
of March 9, 2005. The EAD must also be either (1) a Form I-766 bearing 
the notation ``A-12'' or ``C-19'' on the face of the card under 
``Category'' or (2) a Form I-688B bearing the notation 
``274a.12(a)(12)'' or ``274a.12(c)(19)'' on the face of the card under 
``Provision of Law.''

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

    For completion of the Form I-9 at the time of hire or re-
verification, qualified individuals who have received a 6 month 
extension of their EADs by virtue of this Federal Register notice may 
present to their employer a TPS-based EAD as proof of identity and 
employment authorization until September 9, 2005. To minimize confusion 
over this extension at the time of hire or re-verification, qualified 
individuals may also present to their employer a copy of this Federal 
Register notice regarding the automatic extension of employment 
authorization documentation to September 9, 2005. In the alternative, 
any legally acceptable document or combination of documents listed in 
List A, List B, or List C of the

[[Page 1453]]

Form I-9 may be presented as proof of identity and employment 
eligibility; it is the choice of the employee.

How may employers determine whether an EAD has been automatically 
extended through September 9, 2005 and is therefore 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 9, 
2005, employers of Salvadoran TPS beneficiaries whose EADs have been 
automatically extended by this notice must accept such EAD if 
presented. An EAD that has been automatically extended by this notice 
to September 9, 2005 will actually contain an expiration date of March 
9, 2005, and must be either (1) a Form I-766 bearing the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category,'' or (2) a 
Form I-688B bearing the notation ``274a.12(a)(12)'' or 
``274a.12(c)(19)'' on the face of the card under ``Provision of Law.'' 
New EADs or extension stickers showing the September 9, 2005 expiration 
date will not be issued.
    Employers should not request proof of Salvadoran citizenship. 
Unless put on notice that an employee is unauthorized to work, 
employers presented with an EAD that has been extended pursuant to this 
Federal Register notice, if it appears to be genuine and appears to 
relate to the employee, should accept the EAD as a valid ``List A'' 
document and should not ask for additional Form I-9 documentation. This 
action by the Secretary of DHS through this Federal Register notice 
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 and that 
this notice does not supersede or in any way limit applicable 
employment verification rules and policy guidance. For questions, 
employers may call the USCIS Office of Business Liaison Employer 
Hotline at 1-800-357-2099 to speak to a USCIS representative. Also, 
employers may call the U.S. Department of Justice Office of Special 
Counsel for Immigration Related Unfair Employment Practices (OSC) 
Employer Hotline at 1-800-255-8155 or 1-800-362-2735 (TDD). Employees 
or applicants may call the OSC Employee Hotline at 1-800-255-7688 or 1-
800-237-2515 (TDD) for information regarding the automatic extension. 
Additional information is available on the OSC Web site at http://www.usdoj.gov/crt/osc/index.html.

Does TPS lead to lawful permanent residence?

    No. TPS is a temporary benefit that does not lead to lawful 
permanent residence or by itself confer any other immigration status. 8 
U.S.C. 1254a(e), (f)(1), (h). When a country's TPS designation is 
terminated, TPS beneficiaries will maintain the same immigration status 
they held prior to TPS (unless that status has since expired or been 
terminated), or any other status they may have acquired while 
registered for TPS. Accordingly, if an alien held no lawful immigration 
status prior to being granted TPS and did not obtain any other status 
during the TPS period, he or she will revert to unlawful status upon 
the termination of the TPS designation. Once the Secretary determines 
that a TPS designation should be terminated, aliens who had TPS under 
that designation are expected to plan for their departure from the 
United States and may wish to apply for immigration benefits for which 
they may be eligible.

May I apply for another immigration benefit while registered for TPS?

    Yes. Registration for TPS does not prevent you from applying for 
another non-immigrant status, from filing for adjustment of status 
based on an immigrant petition, or from applying for any other 
immigration benefit or protection. 8 U.S.C. 1254a(a)(5). For the 
purposes of change of nonimmigrant status and adjustment of status, an 
alien is considered as being in, and maintaining, lawful status as a 
nonimmigrant during the period in which the alien is granted TPS. 8 
U.S.C. 1254a(f)(4).

How does an application for TPS affect my application for asylum or 
other immigration benefits?

    An application for TPS does not affect an application for asylum or 
any other immigration benefit. Denial of an application for asylum or 
any other immigration benefit does not affect an applicant's TPS 
eligibility, although the grounds for denying one form of relief may 
also be grounds for denying TPS. For example, a person who has been 
convicted of a particularly serious crime is not eligible for asylum or 
TPS. 8 U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. 1254a(c)(2)(B)(ii).

Does this extension allow nationals of El Salvador (or aliens having no 
nationality who last habitually resided in El Salvador) who entered the 
United States after February 13, 2001, to file for TPS?

    No. This is a notice of an extension of the TPS designation of El 
Salvador, not a notice re-designating El Salvador for TPS. An extension 
of a TPS designation does not change the required dates of continuous 
residence and continuous physical presence in the United States. This 
extension does not expand TPS availability to those beyond the current 
TPS eligibility requirements for El Salvador. To be eligible for 
benefits under this extension, nationals of El Salvador (or aliens 
having no nationality who last habitually resided in El Salvador) must 
have continuously resided in the United States since February 13, 2001, 
and been continuously physically present in the United States since 
March 9, 2001, the date of the initial designation of TPS for El 
Salvador.

Are certain aliens ineligible for TPS?

    Yes. There are certain criminal and terrorism-related 
inadmissibility grounds that render an alien ineligible for TPS. 8 
U.S.C. 1254a(c)(2)(A)(iii). Further, aliens who have been convicted of 
any felony, or two or more misdemeanors, committed in the United States 
are ineligible for TPS under section 244(c)(2)(B) of the Act, 8 U.S.C. 
1254a(c)(2)(B), as are aliens described in the bars to asylum in 
section 208(b)(2)(A) of the Act, 8 U.S.C. 1158(b)(2)(A).

What is late initial registration?

    Some persons may be eligible for late initial registration under 8 
U.S.C. 1254a(c)(1)(A)(iv) and 8 CFR 244.2(f)(2) and (g). To apply for 
late initial registration an applicant must:
    (1) Be a national of El Salvador (or alien who has no nationality 
and who last habitually resided in El Salvador);
    (2) Have continuously resided in the United States since February 
13, 2001;
    (3) Have been continuously physically present in the United States 
since March 9, 2001; and
    (4) Be both admissible as an immigrant, except as provided under 
section 244(c)(2)(A) of the Act, and not ineligible under section 
244(c)(2)(B) of the Act.
    Additionally, the applicant must be able to demonstrate that during 
the initial registration period (from March 9, 2001 to September 9, 
2002), he or she:
    (1) Was a nonimmigrant or had been granted voluntary departure or 
any relief from removal;

[[Page 1454]]

    (2) Had an application for change of status, adjustment of status, 
asylum, voluntary departure, or any relief from removal or change of 
status pending or subject to further review or appeal;
    (3) Was a parolee or had a pending request for reparole; or
    (4) Is the spouse or child of an alien currently eligible to be a 
TPS registrant.
    An applicant for late initial registration must file an application 
for late registration no later than 60 days after the expiration or 
termination of the conditions described above. 8 CFR 244.2(g). All late 
initial registration applications for TPS pursuant to the TPS extension 
of El Salvador should be submitted to the USCIS Chicago Lockbox.

What happens when this extension of TPS expires on September 9, 2006?

    At least 60 days before this extension of TPS designation for El 
Salvador expires on September 9, 2006, the Secretary of DHS, after 
consultation with appropriate agencies of the Government, will review 
conditions in El Salvador and determine whether the conditions for TPS 
designation continue to be met at that time, or whether the TPS 
designation should be terminated. 8 U.S.C. 1254a(b)(3). Notice of that 
determination, including the basis for the determination, will be 
published in the Federal Register.

Notice of Extension of Designation of TPS for El Salvador

    By the authority vested in DHS under sections 244(b)(1)(B), 
(b)(3)(A), and (b)(3)(C) of the Act, DHS has determined, after 
consultation with the appropriate Government agencies, that the 
conditions that prompted designation of El Salvador for TPS continue to 
be met. Accordingly, DHS orders as follows:
    (1) The designation of El Salvador under section 244(b)(1)(B) of 
the Act is extended for an additional 18-month period from March 9, 
2005, to September 9, 2006. 8 U.S.C. 1254a(b)(3)(C).
    (2) There are approximately 248,282 nationals of El Salvador (or 
aliens having no nationality who last habitually resided in El 
Salvador) who have been granted TPS and who are eligible for re-
registration.
    (3) To maintain TPS, a national of El Salvador (or an alien having 
no nationality who last habitually resided in El Salvador) who was 
granted TPS during the initial designation period (or through late 
initial registration) and who re-registered during the subsequent 
extensions of this designation, must re-register for TPS during the 60-
day re-registration period from January 7, 2005, until March 8, 2005.
    (4) To re-register, the alien must file the following: (1) Form I-
821, Application for Temporary Protected Status, without fee; (2) Form 
I-765, Application for Employment Authorization; and (3) a biometric 
services fee of seventy dollars ($70) if the alien is age 14 or older, 
or if the alien is under age 14 and requesting an employment 
authorization document. Applications submitted without the required 
fees will be returned to the applicant. If the alien requests an EAD, 
he or she must submit one hundred and seventy-five dollars ($175) or a 
properly documented fee waiver request, pursuant to 8 CFR 244.20, with 
the Form I-765. An alien who does not request employment authorization 
must still file Form I-765 along with Form I-821, but he or she is not 
required to submit the fee or a fee waiver request for filing Form I-
765. Failure to re-register without good cause will result in the 
withdrawal of TPS. 8 U.S.C. 1254a(c)(3)(C). Aliens who have previously 
registered for TPS but whose applications remain pending should follow 
these instructions to renew temporary treatment benefits. Some persons 
who had not previously applied for TPS may be eligible for late initial 
registration under 8 CFR 244.2.
    (5) At least 60 days before this extension ends on September 9, 
2006, the Secretary of DHS, after consultation with appropriate 
agencies of the Government, will review the designation of El Salvador 
for TPS and determine whether the conditions for designation continue 
to be met. 8 U.S.C. 1254a(b)(3)(A). Notice of that determination, 
including the basis for the determination, will be published in the 
Federal Register. Id.
    (6) Information concerning the extension of designation of El 
Salvador for TPS will be available at local USCIS offices upon 
publication of this notice and on the USCIS Web site at http://uscis.gov.

    Dated: December 29, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 05-441 Filed 1-6-05; 8:45 am]
BILLING CODE 4410-10-P