[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Notices]
[Pages 20123-20128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07673]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2528-12; DHS Docket No. USCIS-2012-0016]
RIN 1615-ZB18


Extension of the Designation of Honduras for Temporary Protected 
Status

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

ACTION: Notice.

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SUMMARY: This Notice announces that the Secretary of Homeland Security 
(Secretary) is extending the designation of Honduras for Temporary 
Protected Status (TPS) for 18 months from July 6, 2013 through January 
5, 2015.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS through January 5, 2015. The Secretary has determined that an 
extension is warranted because the conditions in Honduras that prompted 
the TPS designation continue to be met. There continues to be a 
substantial, but temporary, disruption of living conditions in Honduras 
resulting from Hurricane Mitch, and Honduras remains unable, 
temporarily, to handle adequately the return of its nationals.
    This Notice also sets forth procedures necessary for nationals of 
Honduras (or aliens having no nationality who last habitually resided 
in Honduras) to re-register for TPS and to apply for renewal of their 
Employment Authorization Documents (EADs) with U.S. Citizenship and 
Immigration Services (USCIS). Re-registration is limited to persons who 
have previously registered for TPS under the designation of Honduras 
and whose applications have been granted. Certain nationals of Honduras 
(or aliens having no nationality who last habitually resided in 
Honduras) who have not previously applied for TPS may be eligible to 
apply under the late initial registration provisions, if they meet: (1) 
at least one of the late initial filing criteria and (2) all TPS 
eligibility criteria (including continuous residence in the United 
States since December 30, 1998, and continuous physical presence in the 
United States since January 5, 1999).
    For individuals who have already been granted TPS under the 
Honduras designation, the 60-day re-registration period runs from April 
3, 2013 through June 3, 2013. USCIS will issue new EADs with a January 
5, 2015 expiration date to eligible Honduran TPS beneficiaries who 
timely re-register and apply for EADs under this extension.
    Given the timeframes involved with processing TPS re-registration 
applications, the Department of Homeland Security (DHS) recognizes that 
all re-registrants may not receive new EADs until after their current 
EADs expire on July 5, 2013. Accordingly, this Notice automatically 
extends the validity of EADs issued under the TPS designation of 
Honduras for 6 months, from July 5, 2013 through January 5, 2014, and 
explains how TPS beneficiaries and their employers may determine which 
EADs are automatically extended and their impact on Employment 
Eligibility Verification (Form I-9) and the E-Verify processes.

DATES: The 18-month extension of the TPS designation of Honduras is 
effective July 6, 2013, and will remain in effect through January 5, 
2015. The 60-day re-registration period runs from April 3, 2013 through 
June 3, 2013.

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 Honduras for TPS by 
selecting ``TPS Designated Country: Honduras'' from the menu on the 
left of the TPS Web page.
     You can also contact the TPS Operations Program Manager at 
the 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 updates.
     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 800-375-5283 (TTY 800-767-1833). Service is available 
in English and Spanish.
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This Document

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security

[[Page 20124]]

DOS--Department of State
EAD--Employment Authorization Document
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
UN--United Nations
USCIS--U.S. Citizenship and Immigration Services

What is Temporary Protected Status (TPS)?

     TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the Immigration and 
Nationality Act (INA), or to eligible persons without nationality who 
last habitually resided in the designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States and may obtain work 
authorization, so long as they continue to meet the requirements of TPS 
status.
     TPS beneficiaries also may be granted travel authorization 
as a matter of discretion.
     The granting of TPS does not lead to permanent resident 
status.
     When the Secretary terminates a country's TPS designation, 
beneficiaries return to the same immigration status they maintained 
before TPS, if any (unless that status has since expired or been 
terminated), or to any other lawfully obtained immigration status they 
received while registered for TPS.

When was Honduras designated for TPS?

    On January 5, 1999, the Attorney General designated Honduras for 
TPS based on an environmental disaster within that country, 
specifically the devastation resulting from Hurricane Mitch. See 64 FR 
524; section 244(b)(1)(B) of the INA, 8 U.S.C. 1254a(b)(1)(B). The 
Secretary last extended the designation of Honduras for TPS on November 
4, 2011 based on her determination that the conditions warranting the 
designation continued to be met. See 76 FR 68488. This announcement is 
the eleventh extension of TPS for Honduras since the original 
designation in 1999.

What authority does the Secretary of Homeland Security have to extend 
the designation of Honduras for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate Government agencies, to 
designate a foreign state (or part thereof) for TPS.\1\ The Secretary 
may then grant TPS to eligible nationals of that foreign state (or 
aliens having no nationality who last habitually resided in that 
state). See section 244(a)(1)(A) of the INA, 8 U.S.C. 1254a(a)(1)(A).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002 (HSA), Public Law 107-
296, 116 Stat. 2135, any reference to the Attorney General in a 
provision of the INA describing functions transferred from the 
Department of Justice to the Department of Homeland Security ``shall 
be deemed to refer to the Secretary'' of Homeland Security. See 6 
U.S.C. 557 (codifying HSA, tit. XV, sec. 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in a 
foreign state designated for TPS to determine whether the conditions 
for the TPS designation continue to be met. See section 244(b)(3)(A) of 
the INA, 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that a 
foreign state continues to meet the conditions for TPS designation, the 
designation is extended for an additional 6 months (or in the 
Secretary's discretion for 12 or 18 months). See section 244(b)(3)(C) 
of the INA, 8 U.S.C. 1254a(b)(3)(C). If the Secretary determines that 
the foreign state no longer meets the conditions for TPS designation, 
the Secretary must terminate the designation. See section 244(b)(3)(B) 
of the INA, 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Honduras for TPS 
through January 5, 2015?

    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in Honduras. Based on this review and 
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the disruption in living 
conditions in affected areas of Honduras resulting from the 
environmental disaster that prompted the January 5, 1999 designation 
persist.
    In October 1998, Hurricane Mitch caused the loss of thousands of 
lives, displacement of thousands more, collapse of physical 
infrastructure, and severe damage to the country's economic system. See 
also 64 FR 524 (Jan. 5, 1999) (Mitch ``caus[ed] severe flooding and 
associated damage in Honduras''). Despite some recovery, the government 
and people of Honduras continue to rely heavily on international 
assistance, and recovery from Hurricane Mitch is still incomplete.
    Hurricane Mitch brought 250-kilometer-per-hour winds and torrential 
rains that damaged all eighteen of Honduras's departments. The storm 
affected in some way nearly 1.5 million people, killing approximately 
5,600 and injuring approximately 12,000, and leaving thousands 
homeless. In northern Honduras, 25 small villages were swept away. It 
was estimated that 70 percent of crops were destroyed. The medical 
response was compromised given that 123 health centers and 23 out of 
the country's 28 hospitals were damaged. 20 to 25 percent of 
educational establishments were also damaged. Although the 
international community quickly responded with reconstruction and 
recovery efforts have been implemented, the United Nations (UN) 
Development Programme states that Hurricane Mitch set Honduras back 
economically and socially by more than 20 years.
    There has been some recovery in Honduras from the extensive damage 
caused by Hurricane Mitch. However, reconstruction efforts are still 
ongoing. According to Honduras's Social Fund for Housing and local 
government figures, Hurricane Mitch damaged or destroyed approximately 
85,000 homes; however, the Honduran Secretary of Health estimated 
nearly 149,000 homes were damaged or destroyed. While foreign aid has 
enabled the completion of various housing projects, other international 
aid destined for housing projects remain ongoing. For example, projects 
to address housing shortages funded by a $30 million loan approved by 
the Inter-American Development Bank in 2006 remain in the 
implementation phase. In addition, despite expansion of electrical 
services in Honduras, only half of the rural population currently has 
access to electricity.
    Hurricane Mitch destroyed an estimated 60 to 70 percent of road 
infrastructure. While the road network has been restored, transport 
infrastructure remains basic and vulnerable to further damage from 
adverse climactic conditions. The World Bank continues to fund road 
improvement projects in Honduras, including a May 2009 loan for road 
rehabilitation and improvement. As of January 2013, this project 
remains active.
    Landslides and floods caused by Hurricane Mitch damaged both the 
potable water distribution systems and sewage treatment facilities in 
urban and rural Honduras. This posed serious health risks to the 
population. The international community responded to the situation with 
funds designated for

[[Page 20125]]

water and sanitation projects. Although there has been improvement, 
projects are still ongoing. For example, a World Bank project that 
began in June 2007 is not scheduled to be completed until December 
2013. To date, water sources continue to be threatened by deforestation 
and erosion, and Honduras's largest source of fresh water (the Lago de 
Yojoa) is heavily polluted.
    Subsequent natural disasters have plagued Honduras and exacerbated 
conditions caused by Hurricane Mitch, making it difficult to assess the 
status of Hurricane Mitch-related reconstruction projects. Since 
Hurricane Mitch, a series of natural disasters (such as tropical 
storms, other hurricanes, and earthquakes) have plagued Honduras, 
resulting in additional floods, damaged infrastructure, and loss of 
life. Most recently, Honduras suffered a drought in June 2012, and both 
a tropical depression and tropical storm in 2011. These natural 
disasters have compounded the initial devastation and substantial 
disruption of living conditions caused by Hurricane Mitch. Honduras has 
endured severe, continuing, and sustained damage to its infrastructure 
and is considered one of the poorest and most vulnerable countries in 
the world. Accordingly, the conditions caused by Hurricane Mitch 
continue to exist.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds that:
     The conditions that prompted the January 5, 1999 
designation of Honduras for TPS continue to be met. See sections 
244(b)(3)(A) and (C) of the INA, 8 U.S.C. 1254a(b)(3)(A) and (C).
     There continues to be a substantial, but temporary, 
disruption in living conditions in Honduras as a result of an 
environmental disaster. See section 244(b)(1)(B) of the Act, 8 U.S.C. 
1254a(b)(1)(B).
     Honduras continues to be unable, temporarily, to handle 
adequately the return of its nationals (or aliens having no nationality 
who last habitually resided in Honduras). See section 244(b)(1)(B) of 
the Act, 8 U.S.C. 1254a(b)(1)(B).
     The designation of Honduras for TPS should be extended for 
an additional 18-month period from July 6, 2013 through January 5, 
2015. See section 244(b)(3)(C) of the INA, 8 U.S.C. 1254a(b)(3)(C).
     There are approximately 64,000 current Honduras TPS 
beneficiaries who are expected to be eligible to re-register for TPS 
under the extension.

Notice of Extension of the TPS Designation of Honduras

    By the authority vested in me as Secretary under section 244 of the 
INA, 8 U.S.C. 1254a, I have determined, after consultation with the 
appropriate Government agencies that the conditions that prompted the 
designation of Honduras for TPS on January 5, 1999, continue to be met. 
See section 244(b)(3)(A) of the INA, 8 U.S.C. 1254a(b)(3)(A). On the 
basis of this determination, I am extending the existing TPS 
designation of Honduras for 18 months from July 6, 2013 through January 
5, 2015.

Janet Napolitano,
Secretary.

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

    To register or re-register for TPS for Honduras, an applicant must 
submit each of the following two applications:
    1. Application for Temporary Protected Status (Form I-821).
     If you are filing an application for late initial 
registration, you must pay the fee for the Application for Temporary 
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and 
information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
     If you are filing an application for re-registration, you 
do not need to pay the fee for the Application for Temporary Protected 
Status (Form I-821). See 8 CFR 244.17.

and

    2. Application for Employment Authorization (Form I-765).
     If you are applying for late initial registration and want 
an EAD, you must pay the fee for Application for the Employment 
Authorization (Form I-765) only if you are age 14 through 65. No fee 
for the Application for Employment Authorization (Form I-765) is 
required if you are under the age of 14 or 66 and older and applying 
for late initial registration.
     If you are applying for re-registration, you must pay the 
fee for the Application for Employment Authorization (Form I-765) only 
if you want an EAD.
     You do not pay the fee for the Application for Employment 
Authorization (Form I-765) if you are not requesting an EAD, regardless 
of whether you are applying for late initial registration or re-
registration.
    You must submit both completed application forms together. If you 
are unable to pay for the application and/or biometrics fee, you may 
apply for a fee waiver by completing a Request for Fee Waiver (Form I-
912) or submitting a personal letter requesting a fee waiver, and by 
providing satisfactory supporting documentation. For more information 
on the application forms and fees for TPS, please visit the USCIS TPS 
Web page at http://www.uscis.gov/tps. Fees for the Application for 
Temporary Protected Status (Form I-821), the Application for Employment 
Authorization (Form I-765), and biometric services are also described 
in 8 CFR 103.7(b)(1)(i).

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 for the 
biometric services fee, you may apply for a fee waiver by completing a 
Request for Fee Waiver (Form I-912) or by submitting a personal letter 
requesting 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. If necessary, 
you may be required to visit an Application Support Center to have your 
biometrics captured.

Refiling a Re-registration TPS Application After Receiving a Denial of 
a Fee Waiver Request

    USCIS urges all re-registering applicants to file as soon as 
possible within the 60-day re-registration period so that USCIS can 
process the applications and issue EADs promptly. Filing early will 
also allow those applicants who may receive denials of their fee waiver 
requests to have time to refile their applications before the re-
registration deadline. If, however, an applicant receives a denial of 
his or her fee waiver request and is unable to refile by the re-
registration deadline, the applicant may still refile his or her 
application. This situation will be reviewed under good cause for late 
re-registration. However, applicants are urged to refile within 45 days 
of the date on their USCIS fee waiver denial notice, if at all 
possible. See section 244(c)(3)(C) of the INA; 8 U.S.C. 1254a(c)(3)(C); 
8 CFR 244.17(c). For more information on good cause for late re-
registration, visit the USCIS TPS Web page at http://www.uscis.gov/tps. 
Note: As previously stated, although a re-registering TPS beneficiary 
age 14 and older must pay the biometric services fee (but not the 
initial TPS application fee) when filing a TPS re-registration 
application, the

[[Page 20126]]

applicant may decide to wait to request an EAD, and therefore not pay 
the Application for Employment Authorization (Form I-765) fee, until 
after USCIS has approved the individual's TPS re-registration, if he or 
she is eligible.

Mailing Information

    Mail your application for TPS to the proper address in Table 1.

                       Table 1--Mailing Addresses
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                 If . . .                           Mail to . . .
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You are applying through the U.S. Postal    USCIS, P.O. Box 6943,
 Service.                                    Chicago, IL 60680-6943.
You are using a non-U.S. Postal Service     USCIS, Attn: TPS Honduras,
 delivery service.                           131 S. Dearborn 3rd Floor,
                                             Chicago, IL 60603-5517.
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    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA), and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by the IJ or 
BIA, please mail your application to the appropriate address in Table 1 
above. Upon receiving a Receipt Notice from USCIS, please send an email 
to [email protected] with the receipt number and state that 
you submitted a re-registration and/or request for an EAD based on an 
IJ/BIA grant of TPS. You can find detailed information on what further 
information you need to email and the email addresses on the USCIS TPS 
Web page at http://www.uscis.gov/tps.

E-Filing

    If you are re-registering for TPS during the re-registration period 
and you do not need to submit any supporting documents or evidence, you 
are eligible to file your applications electronically. For more 
information on e-filing, please visit the USCIS E-Filing Reference 
Guide at the USCIS Web site at http://www.uscis.gov.

Employment Authorization Document (EAD)

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 6 month extension of my current 
EAD from July 5, 2013 through January 5, 2014?

    Provided that you currently have TPS under the Honduras 
designation, this notice automatically extends your EAD by 6 months if 
you:
     Are a national of Honduras (or an alien having no 
nationality who last habitually resided in Honduras);
     Received an EAD under the last extension or re-designation 
of TPS for Honduras; and
     Have an EAD with a marked expiration date of July 5, 2013, 
bearing the notation ``A-12'' or ``C-19'' on the face of the card under 
``Category.''
    Although your EAD is automatically extended through January 5, 2014 
by this notice, you must re-register timely for TPS in accordance with 
the procedures described in this notice if you would like to maintain 
your TPS.

When hired, 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 the ``Lists 
of Acceptable Documents'' for Employment Eligibility Verification (Form 
I-9). You can find additional detailed information on the USCIS I-9 
Central Web page at http://www.uscis.gov/I-9Central. Employers are 
required to verify the identity and employment authorization of all new 
employees by using Employment Eligibility Verification (Form I-9). 
Within 3 days of hire, an employee must present proof of identity and 
employment authorization to his or her employer.
    You may present any document from List A (reflecting both your 
identity and employment authorization), or one document from List B 
(reflecting identity) together with one document from List C 
(reflecting employment authorization). An EAD is an acceptable document 
under ``List A.'' Employers may not reject a document based upon a 
future expiration date.
    If your EAD has an expiration date of July 5, 2013, and states ``A-
12'' or ``C-19'' under ``Category'', it has been extended automatically 
for 6 months by virtue of this Federal Register notice, and you may 
choose to present your EAD to your employer as proof of identity and 
employment authorization for Employment Eligibility Verification (Form 
I-9) through January 5, 2014 (see the subsection below titled ``How do 
I and my employer complete the Employment Eligibility Verification 
(Form I-9) (i.e., verification) using an automatically extended EAD for 
a new job?'' for further information). To minimize confusion over this 
extension at the time of hire, you may also show your employer a copy 
of this Federal Register notice confirming the automatic extension of 
employment authorization through January 5, 2014. 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?

    Even though EADs with an expiration date of July 5, 2013, that 
state ``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended for 6 months by virtue of this Federal Register notice, your 
employer will need to ask you about your continued employment 
authorization once July 5, 2013 is reached in order to meet its 
responsibilities for Employment Eligibility Verification (Form I-9). 
However, your employer does not need a new document to reverify your 
employment authorization until January 5, 2014, the expiration date of 
the automatic extension. Instead, you and your employer must make 
corrections to the employment authorization expiration dates in section 
1 and section 2 of the Employment Eligibility Verification (Form I-9) 
(see the subsection below titled ``What corrections should I and my 
current employer make to the Employment Eligibility Verification (Form 
I-9) if my EAD has been automatically extended?'' for further 
information). In addition, you may also show this Federal Register 
notice to your employer to avoid confusion about what to do for the 
Form I-9.
    By January 5, 2014, the expiration date of the automatic extension, 
your employer must reverify your employment authorization. You must 
present any document from List A or any document from List C on 
Employment Eligibility Verification (Form I-9) to reverify employment 
authorization. Your employer is required to reverify on Employment 
Eligibility Verification (Form I-9) the employment authorization of 
current employees no later than the expiration of a TPS-related EAD. 
Your employer should use either Section 3 of the Form I-9 originally 
completed for the employee or, if this section has already been 
completed or if the version of Form I-9 is no longer valid, in Section 
3 of a new Form I-9 using the most current version. Note that your 
employer may not specify which List A or List C document employees must 
present.

[[Page 20127]]

What happens after January 5, 2014 for purposes of employment 
authorization?

    After January 5, 2014, employers may no longer accept the EADs that 
this Federal Register notice automatically extended. However, before 
that time, USCIS will issue new EADs to TPS re-registrants. These new 
EADs will have an expiration date of January 5, 2015 and can be 
presented to your employer for completion of Employment Eligibility 
Verification (Form I-9). Alternatively, you may choose to present any 
other legally acceptable document or combination of documents listed on 
the Employment Eligibility Verification (Form I-9).

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

    When using an automatically extended EAD to fill out the Employment 
Eligibility Verification (Form I-9) for a new job prior to January 5, 
2014, 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 (USCIS number or A-number) in the first 
space (your EAD or other document from DHS will have your USCIS number 
or A-number printed on it; the USCIS Number is the same as your A-
number without the A prefix); and
    c. Write the automatic extension date (January 5, 2014) in the 
second space.
    (2) For Section 2, employers should record the:
    a. Document title;
    b. Document number; and
    c. Automatically extended EAD expiration date (January 5, 2014).
    No later than January 5, 2014, employers must reverify the 
employee's employment authorization in Section 3 of the Employment 
Eligibility Verification (Form I-9).

What corrections should my current employer and I make to the 
Employment Eligibility Verification (Form I-9) if my EAD has been 
automatically extended?

    If you are an existing employee who presented a TPS-related 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 Employment Eligibility Verification (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 5, 2014'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 1; and
    d. 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 5, 2014'' 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.
    By January 5, 2014, 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 Expiration'' 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 the Employment Eligibility Verification 
(Form I-9) to reverify an employee's employment authorization. For 
existing employees with TPS-related EADs that have been automatically 
extended, employers should dismiss this alert by clicking the red ``X'' 
in the ``dismiss alert'' column and follow the instructions above 
explaining how to correct the Employment Eligibility Verification (Form 
I-9). By January 5, 2014, employment authorization must be reverified 
in Section 3. Employers 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 Honduran citizenship?

    No. When completing Employment Eligibility Verification (Form I-9), 
including reverifying employment authorization, employers must accept 
any documentation that appears on the ``Lists of Acceptable Documents'' 
for Employment Eligibility Verification (Form I-9) and that reasonably 
appears to be genuine and that relates to you. Employers may not 
request documentation that does not appear on the ``Lists of Acceptable 
Documents.'' Therefore, employers may not request proof of Honduran 
citizenship when completing Employment Eligibility Verification (Form 
I-9) for new hires or reverifying the employment authorization of 
current employees. If presented with EADs that are unexpired on their 
face, employers should accept such EADs as valid List A documents so 
long as the EADs reasonably appear 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 based on your 
citizenship or immigration status, or your national origin.

Note to All Employers

    Employers are reminded that the laws requiring proper 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 general questions about the employment eligibility 
verification process, employers may call the USCIS Form I-9 Customer 
Support at 888-464-4218 (TDD for the hearing impaired is at 877-875-
6028). For questions about avoiding discrimination during the 
employment eligibility verification process, employers may also call 
the Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Employer Hotline at 800-255-
8155 (TDD for the hearing impaired is at 800-237-2515), which offers 
language interpretation in numerous languages.

Note to All Employees

    For general questions about the employment eligibility verification 
process, employees may call the USCIS National Customer Service Center 
at 800-375-5283 (TDD for the hearing impaired is at 800-767-1833); 
calls are accepted in English and Spanish. Employees or applicants may 
also call the OSC Worker Information Hotline at 800-255-7688 (TDD for 
the hearing impaired is at 800-237-2515) for information regarding 
employment discrimination based upon citizenship, immigration status, 
or national origin, or for information regarding discrimination related 
to Employment Eligibility Verification (Form I-9) and E-Verify. The OSC 
Worker Information Hotline provides language interpretation in numerous 
languages. In order to comply with the law, employers must accept any 
document or combination of documents acceptable for Employment

[[Page 20128]]

Eligibility Verification (Form I-9) completion if the documentation 
reasonably appears to be genuine and to relate to the employee. 
Employers may not require extra or additional documentation beyond what 
is required for Employment Eligibility Verification (Form I-9) 
completion. Further, employers participating in E-verify who receive an 
E-verify initial mismatch (``tentative nonconfirmation'' or ``TNC'') on 
employees must inform employees of the mismatch and give such employees 
an opportunity to challenge the mismatch. Employers are prohibited from 
taking adverse action against such employees based on the initial 
mismatch unless and until E-Verify returns a final nonconfirmation. For 
example, employers must allow employees challenging their mismatches to 
continue to work without any delay in start date or training and 
without any change in hours or pay while the final E-Verify 
determination remains pending. Additional information is available on 
the OSC Web site at http://www.justice.gov/crt/about/osc and the USCIS 
Web site at http://www.dhs.gov/E-verify.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    While Federal government agencies must follow the guidelines laid 
out by the Federal government, state and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each state may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, state, or local government benefit, you may need to provide 
the government agency with 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 under this notice;
    (3) A copy of your Application for Temporary Protected Status 
Receipt Notice (Form I-797) for this re-registration;
    (4) A copy of your past or current Application for Temporary 
Protected Status Approval Notice (Form I-797), if you receive one from 
USCIS; and/or
    (5) If there is an automatic extension of work authorization, a 
copy of the fact sheet from the USCIS TPS Web site that provides 
information on the automatic extension.
    Check with the government agency regarding which document(s) the 
agency will accept. You may also provide the agency with a copy of this 
notice.
    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, 
the agency must offer you the opportunity to appeal the decision in 
accordance with the agency's procedures. If the agency has received and 
acted upon or will act upon a SAVE verification and you do not believe 
the response is correct, you may make an InfoPass appointment for an 
in-person interview at a local USCIS office. Detailed information on 
how to make corrections, make an appointment, or submit 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.

[FR Doc. 2013-07673 Filed 4-2-13; 8:45 am]
BILLING CODE 9111-97-P