[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Notices]
[Pages 37941-37943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5975]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2382-06; DHS Docket No. USCIS-2006-0005]
RIN 1615-ZA34


Automatic Extension of Employment Authorization Documentation for 
El Salvadoran TPS Beneficiaries

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice.

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SUMMARY: This Notice alerts the public that Employment Authorization 
Documents (EADs) issued under the designation of El Salvador for TPS 
and bearing an expiration date of either July 5, 2006 or September 9, 
2006 are automatically extended until March 9, 2007. Prior to the most 
recent extension of El Salvador for Temporary Protected Status (TPS), 
the designation of El Salvador for TPS was set to expire on September 
9, 2006. On June 15, 2006, a Notice was published in the Federal 
Register to inform the public that the Secretary extended the 
designation of El Salvador for TPS for 12 months until September 9, 
2007. The June 15, 2006 Notice set forth procedures 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 EADs. The June 15, 2006 Notice also automatically extended 
until March 9, 2007 the validity of EADs issued under the designation 
of El Salvador for TPS that bear an expiration date of September 9, 
2006. Certain El Salvadoran TPS beneficiaries, however, received EADs 
with an expiration date of July 5, 2006, and thus are not covered by 
this automatic extension provision. This Notice alerts the public that 
EADs issued under the designation of El Salvador for TPS and bearing an 
expiration date of either July 5, 2006 or September 9, 2006 are 
automatically extended until March 9, 2007 and explains how TPS 
beneficiaries and their employers may determine which EADs are 
automatically extended.

FOR FURTHER INFORMATION CONTACT: Matthew Horner, Status and Family 
Branch, Service Center Operations, U.S. Citizenship and Immigration 
Services, Department of Homeland Security, 20 Massachusetts Avenue, 
NW., 2nd Floor, Washington, DC 20529, telephone (202) 272-1505. This is 
not a toll free number.

DATES: This notice is effective June 29, 2006.

SUPPLEMENTARY INFORMATION:

Abbreviations and Terms Used in This Document

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

What authority does the Secretary of Homeland Security (Secretary) have 
to automatically extend the validity of EADs issued under the 
designation of El Salvador for TPS?

    Under section 244 of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a, the Secretary 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). At least 60 days 
before the expiration of the TPS designation, or any extension thereof, 
the Secretary, after consultations with appropriate agencies of the 
Government, must review 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). The Secretary may grant TPS to 
eligible nationals of that foreign state (or aliens having no 
nationality who last habitually resided in that state) and authorize 
those aliens to engage in employment authorization. 8 U.S.C. 
1254a(a)(1). EADs are issued to TPS beneficiaries during the period of 
designation or extension of such period

[[Page 37942]]

and the periods of validity of the documentation may be staggered to 
provide for an orderly renewal of such documentation. 8 U.S.C. 
1254a(d)(1), (2).

Why did the Secretary decide to automatically extend the validity of 
EADs issued under the designation of El Salvador for TPS?

    The Secretary recognized that, under the extension and re-
registration period beginning July 3, 2006, some El Salvadoran TPS 
beneficiaries may not receive an extension sticker or a new EAD before 
their current EADs expire. Therefore, on June 15, 2006, the Secretary 
automatically extended until March 9, 2007 the validity of EADs issued 
under the designation of El Salvador for TPS that bear an expiration 
date of September 9, 2006. 71 FR 34637. Certain El Salvadoran TPS 
beneficiaries, however, were issued EADs with an expiration date of 
July 5, 2006, and consequently are not covered by the automatic 
extension in that June 15, 2006 Federal Register Notice. Accordingly, 
this Notice automatically extends until March 9, 2007 the validity of 
EADs issued under the designation of El Salvador for TPS which have an 
expiration date of July 5, 2006 or September 9, 2006.

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

    Yes. If you already have received TPS benefits through the 
designation of El Salvador for TPS, your benefits will expire on 
September 9, 2006. Accordingly, individual TPS beneficiaries must 
comply with the re-registration requirements set forth in the Federal 
Register at 71 FR 34637 on June 15, 2006. The June 15, 2006 Notice as 
well as the present Notice can be found on the U.S. Citizenship and 
Immigration Services (USCIS) Web site at http://www.uscis.gov/graphics/services/tps_elsa.htm or by contacting Matthew Horner, Service Center 
Operations, USCIS, (202) 272-1505. Failure to re-register during the 
re-registration period without good cause will result in the withdrawal 
of your temporary protected status and possibly your removal from the 
United States. 8 U.S.C. 1254a(c)(3)(C).

How may employers determine whether an EAD has been automatically 
extended through March 9, 2007, 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 March 9, 
2007, employers of El Salvadoran TPS beneficiaries whose EADs have been 
automatically extended must accept the EAD if presented. An EAD (Form 
I-766) that has been automatically extended by this Notice or by the 
Notice published at 71 FR 34637 to March 9, 2007, will actually contain 
an expiration date of July 5, 2006 or September 9, 2006, and must be a 
Form I-766 bearing the notation ``A-12'' or ``C-19'' on the face of the 
card under ``Category.''
    In the alternative, any legally acceptable documentation 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.
    Employers should not request proof of El Salvadoran citizenship. 
Employers presented with an EAD that has been extended pursuant to this 
Federal Register Notice, provided it appears to be genuine and 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 
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. This 
Notice does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those setting forth 
re-verification requirements, see 8 CFR 274a.2(b)(1)(vii). 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.

How may employers determine an employee's eligibility for employment 
once the automatic extension has expired, after March 9, 2007, and 
before the expiration of EADs for El Salvadoran TPS beneficiaries on 
September 30, 2007?

    El Salvadorans with TPS will possess either: (1) An EAD with an 
expiration date of September 30, 2007; or (2) an EAD with an expiration 
date of July 5, 2006 or September 9, 2006 and a sticker affixed to it 
extending the validity of the EAD through September 2007. In either 
case, the EAD will be a Form I-766 bearing the notation ``A-12'' or 
``C-19'' on the face of the card under ``Category.'' Either of these 
EADs must be accepted for the purpose of verifying identity and/or 
employment authorization. Employers are reminded that the laws 
prohibiting unfair immigration-related employment practices remain in 
full force, as described above.

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?

    Until March 9, 2007, qualified individuals who have received an 
automatic extension of their EADs by virtue of this Federal Register 
Notice or the June 15, 2006 Notice published at 71 FR 34637 may present 
to their employer a TPS-based EAD, as described above, as proof of 
identity and employment authorization until March 9, 2007 (see section 
``How may employers determine an employee's eligibility for employment 
once the automatic extension has expired, after March 9, 2007, and 
before the expiration of EADs for El Salvadoran TPS beneficiaries on 
September 30, 2007''). To minimize confusion over this extension at the 
time of hire or re-verification, qualified individuals may also present 
a copy of this Federal Register Notice regarding the automatic 
extension of employment authorization documentation to March 9, 2007.
    Qualified individuals will receive either a sticker affixed to his 
or her current EAD, which extends the validity period of the EAD 
through the end of September 2007, or a new EAD valid through September 
30, 2007. Either an EAD with the extension sticker or a newly issued 
EAD may be presented as evidence of employment authorization.
    In the alternative to the aforementioned options, the employee may 
choose to present as proof of identity and employment eligibility any 
legally acceptable document or

[[Page 37943]]

combination of documents listed in List A, List B, or List C of the 
Form I-9.
    Information concerning the automatic extension of EADs for El 
Salvadoran TPS beneficiaries will be available at local USCIS offices 
upon publication of this Notice and on the USCIS Web site at http://www.uscis.gov.

    Dated: June 29, 2006.
Emilio Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 06-5975 Filed 6-29-06; 11:25 am]
BILLING CODE 4410-10-P