[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Pages 29777-29781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12576]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2504-11; DHS Docket No. USCIS 2011-0006]
RIN 1615-ZB02


Re-registration Procedures for Temporary Protected Status (TPS) 
Beneficiaries Under the Extended TPS Designation of Haiti and Automatic 
Extension of Employment Authorization Documentation for Haitian TPS 
Beneficiaries

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

ACTION: Notice.

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SUMMARY: This notice announces the opening of the 90-day re-
registration period (May 23, 2011 through August 22, 2011) for 
individuals who were granted Temporary Protected Status (TPS) under the 
original designation of Haiti for TPS and whose initial TPS 
applications were approved on or before May 19, 2011. These TPS 
beneficiaries may now re-register under the 18-month extension of TPS 
for Haiti that was announced in the Federal Register notice published 
on May 19, 2011.
    New employment authorization documents (EADs) with a January 22, 
2013 expiration date will be issued to eligible TPS beneficiaries who 
timely re-register and apply for EADs. Given the timeframes involved 
with processing TPS re-registration applications, the Department of 
Homeland Security recognizes that all re-registrants may not receive 
new EADs until after their current EADs expire on July 22, 2011. 
Accordingly, this notice automatically extends the validity of EADs 
issued under the TPS designation of Haiti for six months, through 
January 22, 2012. This notice also explains to TPS beneficiaries and 
their employers which EADs are automatically extended.

DATES: The extension of the TPS designation of Haiti is effective July 
23, 2011, and will remain in effect through January 22, 2013. The 90-
day re-registration period begins on May 23, 2011, and will be open 
through August 22, 2011.

FOR FURTHER INFORMATION CONTACT: 
     For further information on TPS, including guidance on the 
application process and additional information on eligibility, please 
visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find 
specific information about this extension of the Haiti TPS designation 
by selecting ``TPS Designated Country: Haiti'' from the menu on the 
left of the TPS Web page. From the Haiti page, you can find additional 
information by selecting ``Temporary Protected Status--Haiti Questions 
& Answers'' from the menu on the right.
     You can contact the TPS Operations Program Manager by 
sending mail to Family and Status Branch, Service Center Operations 
Directorate, U.S. Citizenship and Immigration Services, Department of 
Homeland Security, 20 Massachusetts Avenue, NW., Washington, DC 20529-
2060, or by phone at (202) 272-1533 (this is not a toll-free number). 
Note: The phone number provided here is solely for questions regarding 
this TPS notice. It is not for individual case status inquiries. 
Applicants seeking information about the status of their individual 
cases can check Case Status Online available at the USCIS Web site at 
http://www.uscis.gov, or call the USCIS National Customer Service 
Center at 1-800-375-5283 (TTY 1-800-767-1833).
     Further information will also be available at local USCIS 
offices upon publication of this notice.

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This Document

INA--Immigration and Nationality Act
DHS--Department of Homeland Security
DOJ--Department of Justice
DOS--Department of State
EAD--Employment Authorization Document
OSC--Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status

Background

    On January 21, 2010, the Secretary of Homeland Security 
(Secretary), Janet Napolitano, designated Haiti for Temporary Protected 
Status (TPS) following the devastating earthquake in Haiti on January 
12, 2010. See 75 FR 3476. On May 19, 2011, the Secretary extended TPS 
for Haiti for an additional 18 months through January 23, 2013, and 
also re-designated Haiti for TPS through the same date. The extension 
allows existing, eligible Haitian TPS beneficiaries to retain their 
TPS, whereas the redesignation allows certain eligible individuals who 
arrived after the January 12, 2010 earthquake and before January 13, 
2011 to obtain TPS. Id. The Federal Register notice published on May 
19, 2011, provided registration procedures for individuals applying for 
TPS under the redesignation of Haiti.
    This notice provides re-registration application procedures and 
other

[[Page 29778]]

relevant information for individuals who were granted TPS under the 
original designation. TPS beneficiaries who were granted TPS by May 19, 
2011, must now apply for re-registration between May 23, 2011 and 
August 22, 2011. USCIS will withdraw TPS from any beneficiary who fails 
to file a timely re-registration application without good cause. INA 
section 244(c)(3)(C), 8 U.S.C. 1254a(c)(3)(C).

How do I know whether I should apply for re-registration under the 
extension of TPS or whether I should file an initial TPS application 
under the redesignation of Haiti?

    Table 1 below will help you decide if you should file a re-
registration application under the extension of TPS for Haiti or if you 
should file an initial application under the redesignation of Haiti for 
TPS. Table 1 will also help you decide if you need to file an 
Application for Temporary Protected Status, Form I-821, and/or an 
Application for Employment Authorization, Form I-765.

          Table 1--Re-Registration Filing Versus Initial Filing
------------------------------------------------------------------------
          If . . .                  And . . .            Then . . .
------------------------------------------------------------------------
You filed a TPS application   Your application was  You need to re-
 under the initial             approved by May 19,   register under the
 designation of Haiti during   2011.                 extension by filing
 the registration period                             Form I-821 and Form
 January 21, 2010 through                            I-765 during the re-
 January 18, 2011, or filed                          registration period
 after January 18, 2011                              of May 23, 2011
 under the fee waiver cure*.                         through August 22,
                                                     2011.
                              Your application is   You do not yet have
                               still pending as of   TPS. Your pending
                               May 19, 2011.         Form I-821 will be
                                                     treated as an
                                                     initial application
                                                     under the
                                                     redesignation, so
                                                     you do not need to
                                                     file a new Form I-
                                                     821. Please see
                                                     Table 2 to
                                                     determine if you
                                                     need to file a new
                                                     Form I-765.
*The ``fee waiver cure''      Your application was  You may be covered
 refers to USCIS' policy of    denied before May     under the
 permitting certain            19, 2011, and you     redesignation. You
 applicants whose request      believe you may be    must file an
 for a TPS fee waiver was      eligible for TPS      initial Form I-821
 denied to re-file their       under the             and Form I-765
 applications, with the        redesignation.        during the
 correct fees, during a                              registration period
 limited period after                                ending November 15,
 January 18, 2011. See 75 FR                         2011.
 39957 (July 13, 2010).
 USCIS sent the affected
 applicants an individual
 notice with the procedures
 for re-filing.
You never filed a TPS         You believe you may   You may be covered
 application under the         be eligible for TPS   under the
 initial designation of        under the             redesignation. You
 Haiti.                        redesignation.        must file an
                                                     initial Form I-821
                                                     and Form I-765
                                                     during the
                                                     registration period
                                                     ending November 15,
                                                     2011.
------------------------------------------------------------------------

I have a pending TPS application filed during the original Haiti TPS 
registration period that ran from January 21, 2010 through January 18, 
2011. What should I do?

    If your TPS application remained pending on May 19, 2011, you do 
not need to file a new Form I-821. Pending TPS applications are being 
treated as initial applications under the redesignation. Therefore, if 
your TPS application is approved, you will be granted TPS through 
January 22, 2013. If your TPS application was pending on May 19, 2011 
and it has not been denied, please refer to Table 2 below to determine 
whether you should file a new Form I-765, starting May 23, 2011. If 
your TPS application was denied after May 19, 2011, do not file a new 
Form I-765; if you do file, the new Form I-765 will be denied because 
your Form I-821 was denied under the redesignation.

                      Table 2--EAD Information for TPS Applications Pending on May 19, 2011
----------------------------------------------------------------------------------------------------------------
               If . . .                       And . . .                Then . . .              But if . . .
----------------------------------------------------------------------------------------------------------------
You requested an EAD during the        You received an EAD      You must file a new      Your Form I-821 is
 original registration period for       with Category C19        Form I-765 with fee      denied before the re-
 Haiti TPS.                             (temporary TPS-related   (or fee waiver           registration period
                                        EAD) or A12 (regular     request) during the re-  opens on May 23, 2011,
                                        TPS-related EAD).        registration period      DO NOT file a new Form
                                                                 that opens on May 23,    I-765. If you file a
                                                                 2011 if you wish to      new Form I-765 it will
                                                                 have a new EAD valid     be denied because your
                                                                 through January 22,      Form I-821 was denied
                                                                 2013.                    under the
                                                                                          redesignation.
                                       You did not receive an   You do not need to file  .......................
                                        EAD with Category C19    a new Form I-765. If
                                        or A12.                  your TPS application
                                                                 is approved, your Form
                                                                 I-765 will be approved
                                                                 through January 22,
                                                                 2013..

[[Page 29779]]

 
You did not request an EAD during the  You want an EAD valid    You must file a new      Your Form I-821 is
 original registration period for       through January 22,      Form I-765 with fee      denied before the re-
 Haiti TPS.                             2013.                    (or fee waiver           registration period
                                                                 request) during the re-  opens on May 23, 2011,
                                                                 registration period      then DO NOT file a new
                                                                 that opens on May 23,    Form I-765. If you
                                                                 2011.                    file a new Form I-765
                                                                                          it will be denied
                                                                                          because your Form I-
                                                                                          821 was denied under
                                                                                          the redesignation.
                                       You do not want an EAD   You do not need to file  .......................
                                        valid through January    a Form I-765.
                                        22, 2013.
----------------------------------------------------------------------------------------------------------------

I am a TPS beneficiary. What are the procedures for re-registration for 
TPS under the extension?

    The remainder of this Federal Register notice will provide you with 
the procedures for re-registration under the extension. The following 
procedures do not apply to individuals who are filing an initial 
application under the redesignation. Registration procedures for 
individuals applying for TPS under the redesignation can be found in 
the Haitian TPS Federal Register notice that was published on May 19, 
2011, and on the ``TPS Designated Country: Haiti'' Web page that can be 
accessed from the USCIS TPS Web site at http://www.uscis.gov/tps.

Required Application Forms and Application Fees to Re-Register for TPS

    To re-register for TPS, an applicant must submit:
    1. Application for Temporary Protected Status, Form I-821
     You do not need to pay the application fee for a re-
registration; and
    2. Application for Employment Authorization, Form I-765
     For re-registration, you must pay the application fee if 
you want an EAD.
     You do not pay the Form I-765 fee if you are not 
requesting an EAD.
    You must submit both completed application forms together. If you 
are unable to pay, you may apply for application and/or biometrics fee 
waivers by submitting a written request for a fee waiver or by 
completing Request for Fee Waiver, Form I-912, and providing 
satisfactory supporting documentation. For more information on the 
application forms and application fees for TPS, please visit the USCIS 
TPS Web page at http://www.uscis.gov/tps and on left hand column click 
on Temporary Protected Status for Haiti. Fees for the Form I-821, Form 
I-765, and biometric services fee are also described in 8 CFR 103.7(b).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age or older. Those applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay, you may 
apply for a biometrics fee waiver by completing Form I-912 or 
submitting your own written request for a fee waiver, and providing 
satisfactory supporting documentation. For more information on the 
biometric services fee, please visit the USCIS Web site at http://www.uscis.gov.

Mailing Information

    Mail your re-registration application for TPS to the proper address 
in Table 3:

                       Table 3--Mailing Addresses
------------------------------------------------------------------------
                                                    For express mail and
    If you live in . . .        For regular mail,    courier deliveries,
                                  send to . . .         send to . . .
------------------------------------------------------------------------
The state of Florida........  USCIS, P.O. Box       USCIS, Attn: Haiti
                               4464, Chicago, IL     TPS, 131 South
                               60680-4464.           Dearborn, 3rd
                                                     Floor, Chicago, IL
                                                     60603-5517.
The state of New York.......  USCIS, P.O. Box       USCIS, Attn: Haiti
                               660167, Dallas, TX    TPS, 2501 S. State
                               75266-0167.           Hwy. 121, Business,
                                                     Suite 400,
                                                     Lewisville, TX
                                                     75067.
All other states............  USCIS, P.O. Box       USCIS, Attn: Haiti
                               24047, Phoenix, AZ    TPS, 1820 E.
                               85074-4047.           Skyharbor Circle S,
                                                     Suite 100, Phoenix,
                                                     AZ 85034.
------------------------------------------------------------------------

E-Filing

    E-filing is not available for Haiti TPS, so you cannot e-file your 
re-registration application. Please mail your application to the 
mailing address listed in Table 3 above.

Employment Authorization Documents (EADs)

    DHS recognizes the possibility that all re-registrants may not 
receive new EADs until after their current EADs expire on July 22, 
2011. Accordingly, DHS is automatically extending the validity of EADs 
issued under the 2010 TPS designation of Haiti for six months, through 
January 22, 2012.

May I request an interim EAD at my local USCIS office?

    No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.

Am I eligible to receive an automatic six-month EAD extension from July 
23, 2011, through January 22, 2012?

    You will receive an automatic six-month extension of your EAD if 
you:
     Are a national of Haiti (or an alien having no nationality 
who last habitually resided in Haiti) who received an EAD under the 
designation of Haiti for TPS, and
     Have not had TPS withdrawn or denied.

This automatic extension is limited to EADs Form I-766 with an 
expiration date of July 22, 2011. These EADs must also bear the 
notation ``A-12'' or ``C-19'' on the face of the card under 
``Category.''

[[Page 29780]]

Upon hire, what documentation may I show to my employer as proof of 
employment authorization and identity when completing Employment 
Eligibility Verification, Form I-9?

    You can find a list of acceptable document choices on page 5 of the 
Employment Eligibility Verification form, Form I-9. Employers are 
required to verify the identity and employment authorization of all new 
employees by using Form I-9. Within three days of hire, an employee 
must present his or her employer with proof of identity and employment 
authorization.
    You may present any document from List A (reflecting both your 
identity and employment authorization), or one document from list B 
(reflecting identify) together with one document from list C 
(reflecting employment authorization). An EAD is an acceptable document 
under ``List A.''
    If you received a six-month automatic extension of your EAD by 
virtue of this Federal Register notice, you may choose to present your 
automatically extended EAD, as described above, to your employer as 
proof of identity and employment authorization for Form I-9 through 
January 22, 2012 (see the subsection below titled ``How do I and my 
employer complete Form I-9 using an automatically extended EAD for a 
new job (i.e., verification)'' for further information). To minimize 
confusion over this extension at the time of hire, you may choose to 
present a copy of this Federal Register notice regarding the automatic 
extension of employment authorization through January 22, 2012, to your 
employer. As an alternative to presenting your automatically extended 
EAD, you may choose to present any other acceptable document from list 
A, or list B plus list C.

What documentation may I show my employer if I am already employed but 
my current TPS-related EAD is set to expire?

    You must present any document from list A or any document from list 
C on Form I-9 to reverify employment authorization. Employers are 
required to reverify on Form I-9 the employment authorization of 
current employees upon the expiration of a TPS-related EAD.
    If you received a six-month automatic extension of your EAD by 
virtue of this Federal Register notice, your employer does not need to 
reverify until after January 22, 2012. You and your employer do need to 
make corrections to the employment authorization expiration dates in 
section 1 and section 2 of the Form I-9 (see the subsection below 
titled ``How do I and my employer fill out Form I-9 using an 
automatically extended EAD for my current job?'' for further 
information). In addition, you may also show this Federal Register 
notice to your employer to avoid confusion about whether or not your 
expired TPS-related document is acceptable. After January 22, 2012, 
when the automatic extension expires, your employer must reverify your 
employment authorization. You may show any document from list A or list 
C on Form I-9 to satisfy this reverification requirement (including a 
new TPS EAD that expires January 22, 2013).

What happens after January 22, 2012 for purposes of employment 
authorization?

    After January 22, 2012, employers may not accept the EADs that were 
automatically extended by this Federal Register notice. However, USCIS 
will issue new EADs to TPS re-registrants. These EADs will have an 
expiration date of January 22, 2013, and can be presented to your 
employer as proof of employment authorization and identity. The EAD 
will bear the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category.'' Alternatively, you may choose to present any other 
legally acceptable document or combination of documents listed on the 
Form I-9 to prove identity and employment authorization.

How do I and my employer complete Form I-9 using an automatically 
extended EAD for a new job (i.e., verification)?

    When using an automatically extended EAD to fill out Form I-9 for a 
new job prior to January 22, 2012, you and your employer should do the 
following:
    (1) For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Write your alien number (A-number) in the first space (your EAD 
will have your A-number printed on it); and
    c. Write the automatic extension date in the second space.
    (2) For Section 2, employers should:
    a. Record the document title;
    b. Record the document number; and
    c. Record the automatically extended EAD expiration date.
    After January 22, 2012, employers must reverify the employee's 
employment authorization in section 3 of Form I-9.

How do I and my employer make corrections to Form I-9 using an 
automatically extended EAD for my current job?

    If you are an existing employee and you presented an EAD that was 
valid when you first started your job, but that EAD has now been 
automatically extended, you and your employer should correct your 
previously completed Form I-9 as follows:
    (1) For section 1, you should:
    a. Draw a line through the expiration date in the second space;
    b. Write January 22, 2012, above the previous date;
    c. Write ``TPS Ext.'' in the margin of section 1; and
    a. Initial and date the correction in the margin of section 1.
    (2) For section 2, employers should:
    a. Draw a line through the expiration date written in section 2;
    b. Write January 22, 2012, above the previous date;
    c. Write ``TPS Ext.'' in the margin of section 2; and
    d. Initial and date the correction in the margin of section 2.
    After January 22, 2012, when the automatic extension of EADs 
expires, employers must reverify the employee's employment 
authorization in section 3.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiring'' alert for an automatically 
extended EAD?

    If you are an employer who participates in E-Verify, you will 
receive a ``Work Authorization Documents Expiring'' case alert when a 
TPS beneficiary's EAD is about to expire. Usually, this message is an 
alert to complete section 3 of Form I-9 to reverify an employee's 
employment authorization. For existing employees with TPS EADs that 
have been automatically extended, employers should disregard the E-
Verify case alert and follow the instructions above explaining how to 
correct Form I-9. After January 22, 2012, employment authorization 
needs to be reverified in section 3. You should never use E-Verify for 
reverification.

Can my employer require that I produce any other documentation to prove 
my status, such as proof of my Haitian citizenship?

    No. When completing the Form I-9, employers must accept any 
documentation that appears on the lists of acceptable documentation, 
and that reasonably appears to be genuine and that relates to you. 
Employers may not

[[Page 29781]]

request documentation that does not appear on the Form I-9. Therefore, 
employers may not request proof of Haitian citizenship when completing 
Form I-9. If presented with EADs that have been automatically extended 
pursuant to this Federal Register notice or EADs that are unexpired on 
their face, employers should accept such EADs as valid ``List A'' 
documents so long as the EADs reasonably appear on their face to be 
genuine and to relate to the employee. See below for important 
information about your rights if your employer rejects lawful 
documentation, requires additional documentation, or otherwise 
discriminates against you because of your citizenship or immigration 
status, or national origin.

    Note to All Employers:  Employers are reminded that the laws 
requiring employment eligibility verification and 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 rules 
setting forth reverification requirements. For questions, employers 
may call the USCIS Customer Assistance Office at 1-800-357-2099. The 
USCIS Customer Assistance Office accepts calls in English and 
Spanish only. Employers may also call the Department of Justice 
(DOJ) Office of Special Counsel for Immigration-Related Unfair 
Employment Practices (OSC) Employer Hotline at 1-800-255-8155.


    Note to Employees:  Employees or applicants may call the DOJ OSC 
Worker Information Hotline at 1-800-255-7688 for information 
regarding employment discrimination based upon citizenship or 
immigration status, and national origin, unfair documentary 
practices related to the Form I-9, and discriminatory practices 
related to E-Verify. Employers must accept any document or 
combination of documents acceptable for Form I-9 completion if the 
documentation reasonably appears to be genuine and relates to the 
employee. Employers may not require extra or additional 
documentation beyond what is required for Form I-9 completion. 
Further, employees who receive an initial mismatch via E-Verify must 
be given an opportunity to challenge the mismatch, and employers are 
prohibited from taking adverse action against such employees based 
on the initial mismatch unless and until E-Verify returns a final 
nonconfirmation. The Hotline accepts calls in multiple languages. 
Additional information is available on the OSC Web site at http://www.justice.gov/crt/osc/.


    Note Regarding State and Local Government Agencies (Such as 
Departments of Motor Vehicles): State and local government agencies 
are permitted to create their own guidelines when granting certain 
benefits, such as a driver's license or an identification card. Each 
state may have different laws, requirements, and determinations 
about what documents you need to provide to prove eligibility for 
certain benefits. If you are applying for a state or local 
government benefit, you should provide the state or local government 
agency with all documents that show you are a TPS beneficiary and/or 
show you are authorized to work based on TPS. Examples are:
    (1) Your expired EAD that has been automatically extended, or 
your EAD that has a valid expiration date,
    (2) A copy of this Federal Register notice if your EAD is 
automatically extended,
    (3) A copy of your I-821 Receipt Notice (I-797) for this re-
registration,
    (4) A copy of your I-821 Approval Notice (I-797), if you receive 
one from USCIS,
    (5) Any other document from USCIS (such as a mailer) showing 
that you have a pending or approved I-821 or I-765 re-registration 
or approved I-821 or I-765 initial registration.

    Some benefit-granting agencies use the USCIS Systematic Alien 
Verification for Entitlements Program (SAVE) to verify the current 
immigration status of applicants for public benefits. If such an agency 
has denied your application based solely or in part on a SAVE response 
following completion of all required SAVE verification steps, the 
agency must offer you the opportunity to appeal the decision in 
accordance with the agency's procedures. If the agency has completed 
all SAVE verification and you do not believe the response is correct, 
you may make an Info Pass appointment for an in-person interview at a 
local USCIS office. Detailed information on how to make corrections and 
how to make an appointment or a written request can be found at the 
SAVE Web site at http://www.uscis.gov/save, then by choosing ``How to 
Correct Your Records'' from the menu on the right.

Janet Napolitano,
Secretary.
[FR Doc. 2011-12576 Filed 5-20-11; 8:45 am]
BILLING CODE 9111-97-P