[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Notices]
[Pages 52425-52429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17579]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2361-05]
RIN 1615-ZA29


Extension of the Designation of Burundi for Temporary Protected 
Status; Extension of Employment Authorization Documentation for 
Eligible TPS Beneficiaries

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The designation of Burundi for Temporary Protected Status 
(TPS) will expire on November 2, 2005. This Notice extends TPS for 
Burundi for 12 months, until November 2, 2006, and sets forth 
procedures for nationals of Burundi (or aliens having no nationality 
who last habitually resided in Burundi) with TPS to re-register and to 
apply for an extension of their employment authorization documents 
(EADs) for the additional 12-month period. Certain nationals of Burundi 
(or aliens having no nationality who last habitually resided in 
Burundi) who previously have not applied for TPS may be eligible to 
apply under the late initial registration provisions.
    The Department of Homeland Security recognizes that some re-
registrants may not receive their new employment authorization 
documents until after their current documents expire on November 2, 
2005. Accordingly, when eligible TPS beneficiaries re-register for TPS 
and appear at a U.S. Citizenship and Immigration Services Application 
Support Center for collection of biometrics, stickers will be affixed 
to their employment authorization documents to extend the validity of 
the cards through February 2006.

[[Page 52426]]


DATES: The extension of the designation of TPS for Burundi is effective 
as of November 2, 2005, and will remain in effect until November 2, 
2006. The 60-day re-registration period begins September 2, 2005 and 
will remain in effect until November 1, 2005.

FOR FURTHER INFORMATION CONTACT: Susan Kopp Keyack, Residence and 
Status Services, Office of Program 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. This is a toll call.

SUPPLEMENTARY INFORMATION:

Abbreviations and Terms Used in This Document

Act--Immigration and Nationality Act.
ASC--U.S. Citizenship and Immigration Services, Application Support 
Center.
DHS--Department of Homeland Security.
DOS--Department of State.
EAD--Employment Authorization Document.
RIC--U.S. Citizenship and Immigration Services, Resource Information 
Center.
TPS--Temporary Protected Status.
USCIS--U.S. Citizenship and Immigration Services.

What Authority Does the Secretary of Homeland Security Have To Extend 
the Designation of TPS for Burundi?

    Under section 244 of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a, the Secretary of Homeland Security, 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 Homeland Security 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 to review, after consultation with appropriate agencies of 
the Government, the 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 determines that the foreign 
state no longer meets the conditions for the 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, section 244(b)(3)(C) of the Act 
provides for the extension of TPS for an additional period of 6 months 
(or, in the discretion of the Secretary, a period of 12 or 18 months) 
unless the Secretary determines that a foreign state (or part thereof) 
no longer meets the conditions for the designation at least 60 days 
before the designation or extension is due to end. 8 U.S.C. 
1254a(b)(3)(C).

Why Is the Secretary of Homeland Security Extending the TPS Designation 
for Burundi for an Additional Year?

    On November 4, 1997, the Attorney General published a Notice in the 
Federal Register at 62 FR 59735 designating TPS for Burundi based upon 
the ongoing armed conflict and extraordinary and temporary conditions 
within the country. The Attorney General subsequently extended the 
designation for one year finding that the conditions prompting 
designation continued to exist. In November 1999, the Attorney General 
extended and re-designated TPS for Burundi by publishing a Notice in 
the Federal Register at 64 FR 61123, based upon ongoing armed conflict 
and extraordinary and temporary conditions. Since that date, the 
Attorney General and the Secretary of Homeland Security, respectively, 
have extended TPS for Burundi five times, determining in each instance 
that the conditions warranting the designation continued to be met. 65 
FR 67404, 66 FR 46027, 67 FR 55875, 68 FR 52405, 69 FR 60165. The most 
recent extension became effective on November 2, 2004, and is due to 
end on November 2, 2005.
    Over the past year, the Department of Homeland Security (DHS) and 
the Department of State (DOS) have continued to review conditions in 
Burundi. Based on this review, DHS has concluded that a 12-month 
extension is warranted because, although there has been progress in the 
peace process, both the armed conflict and extraordinary and temporary 
conditions that prompted designation persist. Further, DHS has 
determined that it is not contrary to the national interest of the 
United States to permit aliens who are eligible for TPS based on the 
designation of Burundi to remain temporarily in the United States. See 
8 U.S.C. 1254a(b)(1)(C).
    On June 27, 2005, DOS submitted a memorandum to U.S. Citizenship 
and Immigration Services (USCIS) recommending an extension of TPS for 
Burundi (DOS Recommendation). The DOS Recommendation noted that while 
there have been some steps towards long-term peace, progress has been 
slower than expected. Specifically, the DOS Recommendation explains 
that despite a cease-fire on May 15, 2005, violence has continued with 
attacks on some neighborhoods of the capital, Bujumbura, as recently as 
June. Questions also remain regarding the extent of civilian control 
over the military. While there has been some improvement in security 
conditions in parts of Burundi, fighting and resulting displacement of 
the population continues around Bujumbura. USAID reports that, as of 
February 2005, sporadic attacks temporarily displaced between 25,000 to 
50,000 residents each month, impeding humanitarian assistance. In May 
2004, the Security Council authorized a United Nations Operation in 
Burundi (UNOB). The UNOB has been extended several times, most recently 
until December 1, 2005, to help create the necessary security 
conditions for the provision of humanitarian assistance and to carry 
out the disarmament and demobilization portions of the national 
Disarmament, Demobilization and Reintegration program. The World Bank 
estimates that there are some 55,000 combatants to be demobilized; as 
of May 10, 2005, only 10,000 former combatants had entered the national 
demobilization process.
    Burundi has an estimated population of 6.8 million people. 
Currently, there are approximately 800,000 Burundian refugees, 
approximately 12 percent of the total population, the vast majority of 
whom are in neighboring Tanzania, with smaller numbers in Rwanda, the 
Democratic Republic of Congo and other countries in the region. The 
State Department reported that last year the United Nations High 
Commissioner for Refugees estimated that 150,000 to 175,000 Burundian 
nationals would return annually. However, the USCIS Resource 
Information Center (RIC) reported that approximately 158,000 refugees 
have returned to Burundi since 2002. RIC Report, June 23, 2005.
    There are an estimated 120,000 internally displaced persons (IDPs) 
within Burundi. This number, however, shifts according to the pace of 
conflict.
    As a result of 12 years of armed conflict, the humanitarian 
situation in Burundi continues to be dire. According to the RIC Report:
     Two million people required food aid in March 2005, an 
increase of 40 percent from 2004;
     One million two hundred thousand Burundi nationals lack 
basic shelter;
     The poverty level doubled to 67 percent between 1990 and 
2003. Sixty-eight percent of the population lives on one dollar a day 
or less compared to 40 percent in 1993.

[[Page 52427]]

    Based upon this review, the Secretary of Homeland Security, after 
consultation with appropriate Government agencies, finds that the 
conditions that prompted the designation of Burundi for TPS continue to 
be met. See 8 U.S.C. 1254a(b)(3)(A). The armed conflict is ongoing, and 
there are extraordinary and temporary conditions in Burundi that 
prevent eligible Burundian nationals (or aliens having no nationality 
who last habitually resided in Burundi) from returning in safety, 
assuming these aliens meet the other statutory requirements for TPS. 
The Secretary of Homeland Security also finds that it is not contrary 
to the national interest of the United States to permit aliens who meet 
the eligibility requirements of TPS to remain in the United States 
temporarily. See 8 U.S.C. 1254a(b)(1)(C). On the basis of these 
findings, the Secretary of Homeland Security concludes that the 
designation of Burundi for TPS should be extended for an additional 12-
month period. See 8 U.S.C. 1254a(b)(3)(C).

If I Currently Have Benefits Through the TPS Designation of Burundi, 
Should I Re-register for TPS?

    Yes. If you already have received benefits through the TPS 
designation of Burundi, your benefits will expire on November 2, 2005. 
Accordingly, you must comply with the re-registration requirements 
described below in order to maintain TPS benefits through November 2, 
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, or Have a Pending Application for 
TPS, How Do I Re-register Under the Extension?

    All persons previously granted TPS under the designation of Burundi 
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 
seventy-five dollar ($175) filing fee with Form I-765) or a fee waiver 
request;
    (3) A biometric service fee of seventy dollars ($70) if you are 14 
years of age or older, or if you are under 14 and are requesting an 
Employment Authorization Document (EAD). The biometric service fee will 
not be waived. 8 CFR 103.2(e)(4)(i), (iii). An application submitted 
without the required fees will be returned to the applicant.
    (4) Unlike previous registration periods, you do not need to submit 
photographs with your TPS application because a photograph will be 
taken when you appear at a USCIS Application Support Center (ASC) for 
collection of biometrics. Biometric collection also includes capture of 
your signature and fingerprints.
    Aliens who have previously registered for TPS but whose 
applications remain pending should follow these instructions if they 
wish to renew their TPS benefits.

What Edition of the Form I-821 Must be Submitted?

    Form I-821 has been revised. Only the Form I-821 with a revision 
date of November 5, 2004 will be accepted. The bottom of each page of 
the revised form reads, ``Form I-821 (Rev. 11/05/04)N.'' Submissions of 
older versions of Form I-821 will be rejected.

Where Can I Obtain a Copy of the Revised Form I-821 Dated 11/5/04?

    Immigration forms, including the revised Form I-821, 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://www.uscis.gov.

Where and When Should the Forms and Fees Be Submitted?

    Submit the completed forms and applicable fee(s), if any, to the 
USCIS Chicago, Illinois Lockbox, as noted below, during the 60-day re-
registration period that begins September 2, 2005 and ends November 1, 
2005.

Who Is Eligible to Receive a Sticker To Extend the Validity of His or 
Her EAD From November 2, 2005 Through February 2006?

    An individual who is a national of Burundi (or an alien having no 
nationality who last habitually resided in Burundi), who has applied 
for and received an EAD under the TPS designation of Burundi, and who 
has not had TPS withdrawn or denied may have a temporary extension 
sticker affixed to his/her current TPS-related EAD when the individual 
re-registers for TPS and appears at an ASC for collection of 
biometrics. The sticker will indicate ``February 2006'' and will 
thereby extend the validity of the EAD until February 28, 2006. USCIS 
district offices will not be providing EAD extension stickers. This 
benefit will be available only through ASCs.

How May Employers Determine Whether an EAD Has Been Automatically 
Extended Through February 2006 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 February 
2006, employers of Burundian TPS beneficiaries whose EADs have been 
extended by an extension sticker must accept such EAD if presented. 
Employers will see a sticker that indicates ``February 2006'' on 
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.'' This sticker extends validity of 
the EAD through February 28, 2006.
    Employers should not request proof of Burundian citizenship. Unless 
put on notice that an employee is unauthorized to work, employers 
presented with an EAD that contains a valid extension sticker, 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 
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.

Where Should an Applicant Submit His or Her Application for Re-
Registration or for Late Initial Registration?

    The Form I-821, Form I-765, fees, and all supporting documentation

[[Page 52428]]

should be filed at the USCIS Chicago, Illinois Lockbox at: U.S. 
Citizenship and Immigration Services, Attn: TPS Burundi, P.O. Box 
87583, Chicago, IL 60680-0583 or, for non-United States Postal Service 
deliveries: U.S. Citizenship and Immigration Services, Attn: TPS 
Burundi, 427 S. LaSalle--3rd Floor, Chicago, IL 60605.
    Please note that the above-stated addresses are not the same as 
where you have submitted your forms during previous re-registration 
periods. Aliens re-registering or filing for late initial registration 
for TPS under the designation of Burundi should not send their TPS 
forms and fees directly to a USCIS district office. Failure to follow 
these instructions will delay processing of your TPS re-registration 
application and may result in your application being returned to you.

Who Must Submit the $175 Filing Fee for the Form I-765?

    (1) Although all re-registrants must submit the Form I-765, only 
those re-registrants requesting an EAD, regardless of age, must submit 
the $175 filing fee or a properly documented fee waiver request 
pursuant to 8 CFR 244.20.
    (2) Persons between the ages of 14 and 65 (inclusive) filing under 
the late initial registration provisions who are requesting an EAD also 
must submit the $175 fee or a fee waiver request pursuant to 8 CFR 
244.20.
    (3) 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.
    Note that TPS re-registrants and applicants for late initial 
registration may wish to consider whether obtaining an EAD will be 
helpful to them for reasons other than verifying employment eligibility 
(for example, as a photo identity document and/or in order to 
demonstrate eligibility for a driver's license in some states).

------------------------------------------------------------------------
                   If                                  Then
------------------------------------------------------------------------
You are re-registering for or renewing   You must complete and file the
 a TPS-related EAD, regardless of your    Form I-765, Application for
 age.                                     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 or
                                          fee waiver request.\1\
You are applying for a TPS-related EAD   You must complete and file Form
 under the late initial registration      I-765 with the $175 fee or a
 provisions and are between the ages of   fee waiver request.
 14 and 65 (inclusive).
You are applying for a TPS-related EAD   You must complete and file Form
 under the late initial registration      I-765 (for data-gathering
 provisions and are under age 14 or       purposes only) with no fee.
 over age 65.
------------------------------------------------------------------------
\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?

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

Does TPS Lead to Lawful Permanent Residence?

    No. TPS is a temporary benefit that does not lead to lawful 
permanent residence by itself or confer any other immigration status. 8 
U.S.C. 1254a(e), (f)(1), and (h). TPS also does not cure any 
immigration status violations, including periods of unlawful presence 
that may have accrued prior to an alien's filing of a prima facie 
eligible application for TPS which is ultimately granted, following 
withdrawal of TPS, or after termination of a TPS designation. When a 
country's TPS designation is terminated, TPS beneficiaries will have 
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 have no 
lawful 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 and who have not acquired 
another immigration status are expected to plan for their departure 
from the United States.

May I Apply for Another Immigration Benefit While I am 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 he or she 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 Burundi (or Aliens Having No 
Nationality Who Last Habitually Resided in Burundi) To Apply for TPS if 
They Entered the United States After November 9, 1999?

    No. This is a Notice of an extension of the TPS designation of 
Burundi, not a Notice re-designating Burundi 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 Burundi. To be eligible for benefits 
under this extension, nationals of

[[Page 52429]]

Burundi (or aliens having no nationality who last habitually resided in 
Burundi) must have been continuously physically present in the United 
States and must have continuously resided in the United States since 
November 9, 1999.

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 aliens who did not file for TPS during the initial 
registration period may be eligible for late initial registration under 
8 U.S.C. 1254a(c)(1)(A) and (c)(2) and 8 CFR 244.2(f)(2) and (g). To 
apply for late initial registration an applicant must:
    (1) Be a national of Burundi (or an alien who has no nationality 
and who last habitually resided in Burundi);
    (2) Have continuously resided in the United States since November 
9, 1999;
    (3) Have been continuously physically present in the United States 
since November 9, 1999; and
    (4) Be 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 registration period for the initial designation (from November 4, 
1997 to November 3, 1998), or during the registration period for the 
re-designation (from November 9, 1999 to November 2, 2000), he or she:
    (1) Was a nonimmigrant or had been granted voluntary departure or 
any relief from removal;
    (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 within 60 days of the expiration or termination 
of the above-described conditions. 8 CFR 244.2(g). All late initial 
registration applications for TPS pursuant to the TPS extension of 
Burundi should be submitted to the USCIS lockbox address listed above.

What Happens When This Extension of TPS Expires on November 2, 2006?

    At least 60 days before this extension of the TPS designation for 
Burundi expires on November 2, 2006, the Secretary of Homeland 
Security, after consultation with appropriate agencies of the 
Government, will review conditions in Burundi and determine whether the 
conditions for 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 Burundi

    By the authority vested in the Secretary of Homeland Security under 
sections 244(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 Burundi for TPS continue to be 
met. Accordingly, DHS orders as follows:
    (1) The designation of Burundi under section 244(b)(1)(C) of the 
Act is extended for an additional 12-month period from November 2, 
2005, to November 2, 2006. 8 U.S.C. 1254a(b)(3)(C).
    (2) There are approximately 30 nationals of Burundi (or aliens 
having no nationality who last habitually resided in Burundi) who have 
been granted TPS and who are eligible for re-registration.
    (3) To maintain TPS, a national of Burundi (or an alien having no 
nationality who last habitually resided in Burundi) who was granted TPS 
during one of the initial designation periods (or through late initial 
registration) and who re-registered during the subsequent extensions of 
this designation, if any, must re-register for TPS during the 60-day 
re-registration period from September 2, 2005 until November 1, 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 $70 if the alien is age 14 or older, or if the alien is 
under age 14 and requesting an EAD. Applications submitted without the 
required fees will be returned to the applicant. If the alien requests 
an EAD, he or she must submit $175 or a properly documented fee waiver 
request, pursuant to 8 CFR 244.20, with 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 during 
the re-registration period 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 November 2, 
2006, the Secretary of Homeland Security, after consultation with 
appropriate agencies of the Government, will review the designation of 
Burundi 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 Burundi 
for TPS will be available at local USCIS offices upon publication of 
this Notice and on the USCIS Web site at http://www.uscis.gov.

    Dated: August 22, 2005.
Michael Chertoff,
Secretary.
[FR Doc. 05-17579 Filed 8-31-05; 10:06 am]
BILLING CODE 4410-10-P