[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65690-65695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25969]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2538-13; DHS Docket No. USCIS-2013-0006]
RIN 1615-ZB24


Extension of the Designation of Somalia for Temporary Protected 
Status

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

ACTION: Notice.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Somalia for Temporary Protected Status 
(TPS) for 18 months from March 18, 2014 through September 17, 2015.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS

[[Page 65691]]

through September 17, 2015, so long as they otherwise continue to meet 
the eligibility requirements for TPS. The Secretary has determined that 
an extension is warranted because the conditions in Somalia that 
prompted the TPS designation continue to be met. There continues to be 
a substantial, but temporary, disruption of living conditions in 
Somalia based upon ongoing armed conflict and extraordinary and 
temporary conditions in that country that prevent Somalis who have TPS 
from safely returning.
    Through this Notice, DHS also sets forth procedures necessary for 
nationals of Somalia (or aliens having no nationality who last 
habitually resided in Somalia) 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 Somalia and whose applications have been granted. 
Certain nationals of Somalia (or aliens having no nationality who last 
habitually resided in Somalia) 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 May 1, 2012, and continuous 
physical presence in the United States since September 18, 2012).
    For individuals who have already been granted TPS under the Somalia 
designation, the 60-day re-registration period runs from October 31, 
2013 through December 30, 2013. USCIS will issue new EADs with a 
September 17, 2015 expiration date to eligible Somali TPS beneficiaries 
who timely re-register and apply for EADs under this extension.

DATES: The 18-month extension of the TPS designation of Somalia is 
effective March 18, 2014, and will remain in effect through September 
17, 2015. The 60-day re-registration period runs from October 31, 2013 
through December 30, 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 Somalia 
for TPS by selecting ``TPS Designated Country: Somalia'' 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 inquires.
     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:

Table of Abbreviations

AMISOM--African Union Mission in Somalia
BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
GOS--Government of Somalia
Government--U.S. Government
IDP--Internally Displaced Person
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
TFG--Transitional Federal Government
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
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 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, may not be removed, and may 
obtain work authorization, so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also 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 Somalia designated for TPS?

    On September 16, 1991, the Attorney General designated Somalia for 
TPS based on extraordinary and temporary conditions resulting from 
armed conflict. See 56 FR 46804 (Sept. 16, 1991). The initial 
designation was extended nine times based on determinations that the 
conditions warranting the designation continued to be met. On September 
4, 2001, the Attorney General both extended Somalia's TPS designation 
for a tenth time and redesignated Somalia for TPS. See 66 FR 46288 
(Sept. 4, 2001). Under the 2001 redesignation, the Attorney General 
revised the date from which applicants had to show they had been 
``continuously residing'' in and ``continuously physically present'' in 
the United States to September 4, 2001. Somalia's TPS designation was 
subsequently extended nine additional times, including on May 1, 2012, 
when the Secretary both extended and redesignated Somalia for TPS. 
Under the 2012 redesignation, the Secretary revised the ``continuous 
residence'' date to May 1, 2012 and the ``continuous physical 
presence'' date to September 18, 2012. See 77 FR 25723 (May 1, 2012). 
This announcement is the first extension of TPS for Somalia since the 
2012 extension and redesignation.

What authority does the Secretary of Homeland Security have to extend 
the designation of Somalia 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 INA

[[Page 65692]]

section 244(a)(1)(A), 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 DHS ``shall be deemed to refer to the 
Secretary'' of Homeland Security. See 6 U.S.C. 557 (codifying HSA, 
tit. XV, section 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 INA section 
244(b)(3)(A), 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 INA section 
244(b)(3)(C), 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 INA section 
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Somalia through 
September 17, 2015?

    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in Somalia. Based on this review and 
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the conditions that led to the 
2012 redesignation of Somalia for TPS--(1) ongoing armed conflict and 
(2) extraordinary and temporary conditions that prevent Somali 
nationals from returning to Somalia in safety--continue to exist.
    Somalia ended its 8-year transitional period of governance in 
September 2012 with the formation of a new and more representative 
federal parliament and that parliament's indirect election of Hassan 
Sheikh Mohamud as President. The Somaliland and Puntland regions, in 
the north of Somalia, are relatively stable, and the administrations of 
each are able to provide some degree of social services, including 
minimal law enforcement. President Hassan Sheikh's Government of 
Somalia (GOS) has prioritized security and peace among its ``Six Pillar 
Policy'' framework of the new administration. Though the country is now 
transitioning to more permanent governing institutions, the GOS still 
retains little control of the territory and has little capacity to 
govern beyond Mogadishu. No effective political parties yet exist. Two 
decades of conflict in Somalia and the country's most severe drought in 
60 years have led to what has been referred to as the worst 
humanitarian crisis in the world. A sustained military campaign against 
al-Shabaab throughout 2012 resulted in large numbers of civilian deaths 
and displacement. During the same period, targeted attacks by al-
Shabaab, using suicide bombers and improvised explosive devices, 
resulted in significant civilian causalities. Al-Shabaab still controls 
large rural areas in southern Somalia and as far north as Puntland, and 
denies both the Somali government and humanitarian organizations access 
to people in those areas. Although it no longer maintains an open 
presence in the capital, Al Shabaab has continued to carry out 
coordinated asymmetric attacks in Mogadishu in 2013.
    A severe drought and famine that lasted from July 2011 to February 
2012 is estimated to have resulted in approximately 258,000 deaths. 
About half, or some 133,000 of the Somalis who perished, were children 
under 5 years of age, according to the United Nations (UN) Food and 
Agricultural Organization. Recovery from the famine has been slow. 
Internal displacement remained a major problem during 2012 as hundreds 
of thousands of people continued to be displaced by fighting, 
insecurity, and malnutrition. Estimates of internally displaced persons 
at the end of 2012 were as high as 1.36 million. Displacement resulted 
from conflict as fighting escalated in Mogadishu, Kismayo and the 
Afgoye corridor at various points in 2012. An October 2012 flood in 
Beletweyn-Hiiraan in central Somalia affected 60,000 and resulted in 
39,000 people receiving shelter and survival aid from the International 
Committee of the Red Cross. During the first quarter of 2013 an 
additional 14,000 individuals were displaced. As of May 2013, in 
Mogadishu alone there were 369,000 IDPs.
    Humanitarian access and assistance remains restricted inside parts 
of Somalia due to ongoing conflict, al-Shabaab prohibitions on 
international aid organizations, insecurity, and diversion of aid. 
Somalia's displaced population has been victim to theft, extortion, and 
the threat of forced evictions by abusive groups controlling IDP sites. 
These threats combined with lack of infrastructure and logistical 
challenges have caused difficulties in protecting vulnerable IDP 
populations. During 2012, nine humanitarian personnel were killed, one 
was wounded, and four were kidnapped. Access to aid gradually improved 
during 2012, in limited urban areas, but the country presents a 
challenging operating environment as deliberate obstruction by groups 
continues to restrict access to humanitarian assistance and create high 
risks for aid workers.
    Transitional Federal Government (TFG) forces and the African Union 
Mission in Somalia (AMISOM) military launched successful offensives 
against al-Shabaab in 2011. By August 2011, AMISOM and TFG forces had 
expelled al-Shabaab from the capital city of Mogadishu. Kenyan forces 
took control of the major port city, Kismayo, from al-Shabaab in 
September 2012. A sustained military campaign against al-Shabaab 
throughout 2012 resulted in large numbers of civilian deaths and 
displacement. Targeted attacks by al-Shabaab using suicide bombers and 
improvised explosive devices resulted in significant civilian 
causalities. Reliable estimates of nationwide civilian causalities are 
not currently available. Between January and late September 2012, four 
hospitals in Mogadishu treated 5,219 casualties, with 118 dying from 
weapon-related injuries.
    Somalis who have sought to move to the relatively more secure 
regions of Puntland and Somaliland have in some cases been expelled or 
prosecuted, as they are viewed as outsiders. In al-Shabaab controlled 
territory, they are at risk of running afoul of al-Shabaab imposed 
edicts on behavior or of conscription of minors into al-Shabaab forces. 
Despite initial security sector improvements and restructuring, the GOS 
currently does not have the capability to provide improved rule of law 
for Somali citizens.
    Additionally, Somalis have fled to neighboring countries in an 
attempt to find refuge. In July 2012, the Office of the UN High 
Commissioner for Refugees announced that the population exodus from 
Somalia had exceeded one million, with refugees having fled mainly to 
Kenya (with approximately 535,000 registered Somali refugees at the end 
of July 2012), Yemen, and Ethiopia. As of January 2013, there were 
approximately 1.1 million refugees outside of Somalia and 33,000 asylum 
seekers worldwide. One million Somalis, or 14 percent of the total 
population, are experiencing acute food insecurity. The IDPs amount to 
60 percent of the total population experiencing acute food insecurity. 
It is estimated that 2.7 million Somalis are dependent on humanitarian 
assistance. Authorities in the Transitional Federal Government and 
Government of Somalia (TFG/GOS), Somaliland, and Puntland 
administrations have provided some protection and assistance to IDPs, 
although the response in TFG/GOS areas has been largely ineffective as 
a consequence of limitations on resources, capacity, and poor 
coordination.

[[Page 65693]]

Gender-based violence, including sexual assault of female IDPs, has 
remained a problem. In Mogadishu and surrounding areas between January 
and November 2012, almost one-third of the recorded incidents were 
against children. Many cases involved assaults by armed men in uniform.
    In many parts of Somalia, including Mogadishu, public security is 
unstable. The capacity of the GOS to process, accommodate, and provide 
assistance to returnees is extremely limited. It is unable to assist or 
monitor the welfare of IDP or refugee returnees to communities still 
controlled by al-Shabaab. Returnees may be more vulnerable than the 
average Somali if they are unable to reestablish themselves in their 
clan structure or community of origin.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds that:
     The conditions that prompted the May 1, 2012 redesignation 
of Somalia for TPS continue to be met. See INA section 244(b)(3)(A) and 
(C), 8 U.S.C. 1254a(b)(3)(A) and (C).
     There continue to be an ongoing armed conflict and 
extraordinary and temporary conditions in Somalia that prevent Somali 
nationals from returning to Somalia in safety. See INA section 
244(b)(1)(A) and (C), 8 U.S.C. 1254a(b)(1)(A) and (C).
     It is not contrary to the national interest of the United 
States to permit Somalis (and persons who have no nationality who last 
habitually resided in Somalia) who meet the eligibility requirements of 
TPS to remain in the United States temporarily. See INA section 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
     The designation of Somalia for TPS should be extended for 
an additional 18-month period from March 18, 2014 through September 17, 
2015. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     There are approximately 400 current Somalia TPS 
beneficiaries who are expected to be eligible to re-register for TPS 
under the extension.

Notice of Extension of the TPS Designation of Somalia

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate Government agencies, that the conditions that prompted the 
redesignation of Somalia for TPS on May 1, 2012 continue to be met. See 
INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this 
determination, I am extending the existing TPS designation of Somalia 
for 18 months from March 18, 2014 through September 17, 2015. See INA 
section 244(b)(1)(A) and (C) and (b)(2), 8 U.S.C. 1254a(b)(1)(A) and 
(C) and (b)(2).

Rand Beers,
Acting Secretary.

Required Application Forms and Application Fees To Register or Re-
Register for TPS

    To register or re-register for TPS for Somalia, 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 the Application for 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 are 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 regardless of age.
     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.

Re-Filing 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 re-file 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 re-file by the re-
registration deadline, the applicant may still re-file his or her 
application. This situation will be reviewed to determine whether the 
applicant has established good cause for late re-registration. However, 
applicants are urged to re-file within 45 days of the date on their 
USCIS fee waiver denial notice, if at all possible. See INA section 
244(c)(3)(C); 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 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.

[[Page 65694]]



                       Table 1--Mailing Addresses
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                If . . .                          Mail to . . .
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You are applying through the U.S.        USCIS, Attn: TPS Somalia, P.O.
 Postal Service.                          Box 6943, Chicago, IL 60680-
                                          6943.
You are using a non-U.S. Postal Service  USCIS, Attn: TPS Somalia, 131
 delivery service.                        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. Upon receiving a Notice of Action (Form I-797) 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

    You cannot electronically file your application when re-registering 
or submitting a late initial registration for Somalia TPS. Please mail 
your application to the mailing address listed in Table 1.

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.

Will my current EAD that is set to expire on March 17, 2014, be 
automatically extended for 6 months?

    No. This notice does not automatically extend previously issued 
EADs. DHS has announced the extension of the TPS designation of Somalia 
and established the re-registration period at an early date to allow 
sufficient time for USCIS to process EAD requests prior to the March 
17, 2014 expiration date. You must apply during the 60-day re-
registration period. Failure to file your TPS application during the 
re-registration period without good cause may result in gaps in work 
authorization. DHS strongly encourages you to apply as early as 
possible within the re-registration period.

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). You may present an acceptable 
receipt for List A, List B, or List C documents as described in the 
Form I-9 Instructions. An EAD is an acceptable document under ``List 
A.'' Employers may not reject a document based on a future expiration 
date.

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

    At the time of expiration, you must present any document from List 
A or any document from List C on Employment Eligibility Verification 
(Form I-9) to re-verify employment authorization, or an acceptable List 
A or List C receipt described in the Form I-9 instructions. Your 
employer is required to re-verify on Employment Eligibility 
Verification (Form I-9) the employment authorization of current 
employees upon the expiration of a TPS-related EAD. Your employer 
should use either Section 3 of the Employment Eligibility Verification 
(Form I-9) originally completed for the employee or, if this section 
has already been completed or if the version of Employment Eligibility 
Verification (Form I-9) is no longer valid, complete Section 3 of a new 
Employment Eligibility Verification (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, and cannot reject an acceptable 
receipt.
    USCIS anticipates that it will be able to process and issue new 
EADs for existing TPS Somalia beneficiaries before their current EADs 
expire on March 17, 2014. However, re-registering beneficiaries are 
encouraged to file as early as possible within the 60-day re-
registration period to help ensure that they receive their EADs 
promptly.

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

    No. When completing Employment Eligibility Verification (Form I-9), 
including re-verifying 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 or an acceptable List A, 
List B, or List C receipt. Employers may not request documentation that 
does not appear on the ``Lists of Acceptable Documents.'' Therefore, 
employers may not request proof of Somali citizenship when completing 
Employment Eligibility Verification (Form I-9) for new hires or re-
verifying 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. Refer to 
the Note to Employees section 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

[[Page 65695]]

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 re-verification 
requirements. For general questions about the employment eligibility 
verification process, employers may call USCIS at 888-464-4218 (TTY 
877-875-6028) or email USCIS at [email protected]. Calls and emails 
are accepted in English and many other languages. For questions about 
avoiding discrimination during the employment eligibility verification 
process, employers may also call the U.S. Department of Justice, Office 
of Special Counsel for Immigration-Related Unfair Employment Practices 
(OSC) Employer Hotline at 800-255-8155 (TTY for the hearing impaired is 
at 800-237-2515), which offers language interpretation in numerous 
languages, or email OSC at [email protected].

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email at [email protected]. Calls are accepted in English, Spanish and 
many other languages. Employees or applicants may also call the OSC 
Worker Information Hotline at 800-255-7688 (TTY 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.
    To comply with the law, employers must accept any document or 
combination of documents from the List of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt described 
in the Form I-9 Instructions. 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 case result of 
``Tentative Nonconfirmation'' (TNC) must promptly inform employees of 
the TNC and give such employees an opportunity to contest the TNC. A 
TNC case result means that the information entered into E-Verify from 
Employment Eligibility Verification (Form I-9) differs from the Social 
Security Administration, DHS, or DOS records. Employers may not 
terminate, suspend, delay training, withhold pay, lower pay or take any 
adverse action against an employee based on the employee's decision to 
contest a TNC or because the case is still pending with E-Verify. A 
Final Nonconfirmation (FNC) case result is received when E-Verify 
cannot verify an employee's employment eligibility. An employer may 
terminate employment based on a case result of FNC. Work-authorized 
employees who receive an FNC may call USCIS for assistance at 888-897-
7781 (TTY 877-875-6028). An employer that discriminates against an 
employee in the E-Verify process based on citizenship or immigration 
status, or based on national origin, may contact OSC's Worker 
Information Hotline at 800-255-7688 (TTY for the hearing impaired is at 
800-237-2515). Additional information about proper nondiscriminatory 
Employment Eligibility Verification (Form I-9) and E-Verify procedures 
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 unexpired EAD;
    (2) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration; and/or
    (3) A copy of your past or current Application for Temporary 
Protected Status Approval Notice (Form I-797), if you received one from 
USCIS.
    Check with the government agency regarding which document(s) the 
agency will accept. You may also provide the agency with a copy of this 
Federal Register 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. 2013-25969 Filed 10-31-13; 8:45 am]
BILLING CODE 9111-97-P