[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