[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59286-59290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23507]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2546-14; DHS Docket No. USCIS-2011-0014]
RIN 1615-ZB31


Filing Procedures for Employment Authorization and Automatic 
Extension of Existing Employment Authorization Documents for Liberians 
Eligible for Deferred Enforced Departure

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security (DHS).

ACTION: Notice.

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SUMMARY: On September 26, 2014, President Obama issued a memorandum to 
the Secretary of Homeland Security (``Secretary''), Jeh Charles 
Johnson, directing him to extend for an additional 24 months the 
deferred enforced departure (DED) of certain Liberians and to provide 
for work authorization during that period. The DED extension runs from 
October 1, 2014, through September 30, 2016. This Notice provides 
instructions for eligible Liberians on how to apply for the full 24 
month extension of employment authorization. Finally, this Notice 
provides instructions for DED-eligible Liberians on how to apply for 
permission to travel outside the United States during the 24 month DED 
period.
    USCIS will issue new employment authorization documents (EADs) with 
a September 30, 2016 expiration date to Liberians whose DED has been 
extended under the Presidential Memorandum of September 26, 2014, and 
who apply for EADs under this extension. Given the timeframes involved 
with processing EAD applications, DHS recognizes that not all DED-
eligible Liberians will receive new EADs before their current EADs 
expire on September 30, 2014. Accordingly, this Notice also 
automatically extends for 6 months (through March 30, 2015) the 
validity of DED-related EADs that have an expiration date of September 
30, 2014, and explains how Liberians covered under DED and their 
employers may determine which EADs are automatically extended and their 
impact on Employment Eligibility Verification (Form I-9) and E-Verify 
processes.

DATES: The 24 month extension of DED is valid through September 30, 
2016. The 6-month automatic extension of employment authorization for 
Liberians who are covered under DED, including the extension of their 
EADs as specified in this Notice, is effective on October 1, 2014, and 
expires on March 30, 2015.

FOR FURTHER INFORMATION CONTACT:
     For further information on DED, including guidance on the 
application process for EADs and additional information on eligibility, 
please visit the Temporary Protected Status (TPS) Web page at http://www.USCIS.gov/tps and choose ``Temporary Protected Status & Deferred 
Enforced Departure'' from the menu on the left. You can find specific 
information about DED for Liberia by selecting ``DED Granted Country: 
Liberia'' from the menu on the left of the TPS or DED Web pages.
     You can also contact the DED Operations Program Manager at 
the Status and Family 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 DED 
Notice. It is not for individual case status inquiries.
     Applicants seeking information about the status of their 
individual cases can check Case Status Online available at the USCIS 
Web site at http://www.USCIS.gov, or call the USCIS National Customer 
Service Center at 1-800-375-5283 (TTY 1-800-767-1833).
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION:

Presidential Memorandum Extending DED for Certain Liberians

    Pursuant to his constitutional authority to conduct the foreign 
relations of the United States, President Obama has directed that 
Liberian nationals (and eligible persons without nationality who last 
resided in Liberia) who are physically present in the United States, 
have continuously resided in the United States since October 1, 2002, 
and who remain eligible for DED, be provided DED for an additional 24 
month period. See Presidential Memorandum--Deferred Enforced Departure 
for Liberians, September 26, 2014 (``Presidential Memorandum'') at 
http://www.whitehouse.gov/the-press-office/2014/09/26/presidential-memorandum-deferred-enforced-departure-liberians. Note that only 
individuals who held TPS under the former Liberia TPS designation as of 
September 30, 2007 are eligible for DED, provided they have continued 
to meet all other eligibility criteria established by the President. 
The President also directed the Secretary to implement the necessary 
steps to authorize employment authorization for eligible Liberians for 
24 months from October 1, 2014 through September 30, 2016.

Employment Authorization and Filing Requirements

How will I know if I am eligible for employment authorization under the 
Presidential Memorandum that extended DED for certain Liberians for 24 
months?

    The DED extension and the procedures for employment authorization 
in this Notice apply only to Liberian nationals (and persons without 
nationality who last habitually resided in Liberia) who:
     Are physically present in the United States;
     Have continuously resided in the United States since 
October 1, 2002; and
     Are currently under a grant of DED.
    The above eligibility criteria are described in the Presidential 
Memorandum. Only individuals who held TPS under the former Liberia TPS 
designation as of September 30, 2007 are eligible for DED under this

[[Page 59287]]

extension, provided they have continued to meet all other eligibility 
criteria established by the President. This DED extension does not 
include any individual:
     Who would be ineligible for TPS for the reasons provided 
in section 244(c)(2)(B) of the Immigration and Nationality Act, 8 
U.S.C. 1254a(c)(2)(B);
     Whose removal the Secretary determines is in the interest 
of the United States;
     Whose presence or activities in the United States the 
Secretary of State has reasonable grounds to believe would have 
potentially serious adverse foreign policy consequences for the United 
States;
     Who has voluntarily returned to Liberia or his or her 
country of last habitual residence outside the United States;
     Who was deported, excluded, or removed prior to September 
26, 2014; or
     Who is subject to extradition.

What will I need to file if I am covered by DED and would like to have 
evidence of employment authorization?

    If you are covered under DED for Liberia, and would like evidence 
of your employment authorization during the 24 month extension of DED, 
you must apply for an EAD by filing an Application for Employment 
Authorization (Form I-765). USCIS will begin accepting these 
applications on October 1, 2014. Although this Notice automatically 
extends DED-related EADs that have a printed validity date of September 
30, 2014 for an additional 6-months through March 30, 2015, if you 
would like evidence of your continued employment authorization through 
September 30, 2016, you must file an Application for Employment 
Authorization (Form I-765) as soon as possible to avoid gaps in work 
authorization. Please carefully follow the Application for Employment 
Authorization (Form I-765) instructions when completing the application 
for an EAD. When filing the Application for Employment Authorization 
(Form I-765), you must:
     Indicate that you are eligible for DED by putting 
``(a)(11)'' in response to Question 16 on Application for Employment 
Authorization (Form I-765);
     Include a copy of your last Notice of Action (Form I-797) 
showing that you were approved for TPS as of September 30, 2007, if 
such copy is available. Please note that evidence of TPS as of 
September 30, 2007 is necessary to show that you were covered under the 
previous DED for Liberia through September 30, 2014; and
     Submit the fee for the Application for Employment 
Authorization (Form I-765).
    The regulations require individuals covered under DED who request 
an EAD to pay the fee prescribed in 8 CFR 103.7(b)(1)(i)(HH) for the 
Application for Employment Authorization (Form I-765). See also 8 CFR 
274a.12(a)(11) (employment authorized for DED-covered aliens); and 8 
CFR 274a.13(a) (requirement to file EAD application if EAD desired). If 
you are unable to pay the fee, you may apply for an application fee 
waiver by completing a Request for Fee Waiver (Form I-912) or 
submitting a personal letter requesting a fee waiver, and providing 
satisfactory supporting documentation.

How will I know if USCIS will need to obtain biometrics?

    If biometrics are required to produce the secure EAD, you will be 
notified by USCIS and scheduled for an appointment at a USCIS 
Application Support Center.

Where do I submit my completed Application for Employment Authorization 
(Form I-765)?

    Mail your completed Application for Employment Authorization (Form 
I-765) and supporting documentation 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 Attn: DED Liberia,
 Service.                                    P.O. Box 6943, Chicago, IL
                                             60680-6943.
You are using a non-U.S. Postal Service     USCIS Attn: DED Liberia, 131
 delivery service.                           S. Dearborn 3rd Floor,
                                             Chicago, IL 60603-5517.
------------------------------------------------------------------------

Can I file my Application for Employment Authorization (Form I-765) 
electronically?

    No. Electronic filing is not available when filing Application for 
Employment Authorization (Form I-765) based on DED.

Extension of Employment Authorization and EADs

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

    No. USCIS will not issue interim EADs to individuals eligible for 
DED under the Presidential Memorandum at local offices.

Am I eligible to receive an automatic 6-month extension of my current 
EAD through March 30, 2015?

    You are eligible for an automatic 6-month extension of your EAD if 
you are a national of Liberia (or person having no nationality who last 
habitually resided in Liberia), you are currently covered by DED 
through September 30, 2014, and you are within the class of persons 
approved for DED by the President.
    This automatic extension covers EADs issued on the Employment 
Authorization Document (Form I-766) bearing an expiration date of 
September 30, 2014. These EADs must also bear the notation ``A-11'' on 
the face of the card under ``Category.''

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 
Employment Eligibility Verification (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.
    If your EAD has an expiration date of September 30, 2014, and 
states ``A-11'' 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 March 30, 2015 (see the subsection titled ``How do my 
employer and I complete the Employment Eligibility Verification

[[Page 59288]]

(Form I-9) 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 March 30, 2015. As an alternative to presenting 
your automatically extended EAD, you may choose to present any other 
acceptable document from List A, or a combination of one selection from 
List B and one selection from List C.

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

    Even though EADs with an expiration date of September 30, 2014 that 
state ``A-11'' 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 
September 30, 2014 is reached 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 March 30, 2015, 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 Employment 
Eligibility Verification (Form I-9) (see the subsection titled, ``What 
corrections should my current employer and I make to 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 Employment Eligibility Verification (Form I-9).
    By March 30, 2015, the expiration date of the automatic extension, 
your employer must reverify your employment authorization. At that 
time, 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, or an acceptable List A or List C receipt 
described in the Employment Eligibility Verification (Form I-9) 
Instructions. Your employer should complete 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) has expired 
(check the date in the upper right-hand corner of the form), 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.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my Liberian 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) 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 Liberian 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 have been automatically extended, 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 of this Notice 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.

What happens after March 30, 2015, for purposes of employment 
authorization?

    After March 30, 2015, employers may no longer accept the EADs that 
this Federal Register Notice automatically extended. Before that time, 
however, USCIS will endeavor to issue new EADs to eligible individuals 
covered by DED who request them. These new EADs will have an expiration 
date of September 30, 2016, 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 my employer and I complete Employment Eligibility Verification 
(Form I-9) using an automatically extended EAD for a new job?

    When using an automatically extended EAD to fill out Employment 
Eligibility Verification (Form I-9) for a new job prior to March 30, 
2015, 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 (March 30, 2015) 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 (March 30, 2015).
    No later than March 30, 2015, employers must reverify the 
employee's employment authorization in Section 3 of Employment 
Eligibility Verification (Form I-9).

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

    If you are an existing employee who presented a DED-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 ``March 30, 2015'' above the previous date;
    c. Write ``DED 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 ``March 30, 2015'' above the previous date;
    c. Write ``DED Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By March 30, 2015, when the automatic extension of EADs expires, 
employers must reverify the employee's employment authorization in 
Section 3.

[[Page 59289]]

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

    If you are an employer who participates in E-Verify, and you have 
an employee covered under DED who provided a DED-related EAD when he or 
she first started working for you, you will receive a ``Work 
Authorization Documents Expiring'' case alert when this 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 DED-
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 March 30, 2015, 
employment authorization must be reverified in Section 3. Employers 
should never use E-Verify for reverification.

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 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 (I-9 and E-Verify), 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 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 and many 
other languages. Employees or applicants may also call the OSC Worker 
Information Hotline at 800-255-7688 (TTY 800-237-2515) for information 
regarding employment discrimination based upon citizenship, immigration 
status, or national origin 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 as 
described in the Employment Eligibility Verification (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 Department of State 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 employee 
who believes he or she was discriminated against by an employer 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 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 covered by DED 
and/or show you are authorized to work based on DED. Examples are:
    (1) Your unexpired EAD that has been automatically extended, or 
your EAD that has not expired;
    (2) A copy of this Federal Register Notice if your EAD is 
automatically extended under this Notice;
    (3) A copy of your past Application for Temporary Protected Status 
Notice of Action (Form I-797), if you received one from USCIS, coupled 
with a copy of the Presidential Memorandum extending DED for Liberians; 
and/or
    (4) If there is an automatic extension of work authorization, a 
copy of the fact sheet from the USCIS DED 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 
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.

Travel Authorization and Advance Parole

    Individuals covered under DED who would like to travel outside of 
the

[[Page 59290]]

United States must apply for and receive advance parole by filing an 
Application for Travel Document (Form I-131) with required fee before 
departing from the United States. See 8 CFR 223.2(a). DHS has the 
discretion to determine whether to grant advance parole and cannot 
guarantee advance parole in all cases. In addition, possession of an 
advance parole document does not guarantee that you will be permitted 
to re-enter the United States, as that is a decision that will be made 
by an immigration officer at the port of entry upon your return. If you 
seek advance parole to travel to Liberia or to your country of last 
habitual residence outside the United States, you will risk being found 
ineligible to re-enter the United States under DED because the 
Presidential Memorandum excludes persons ``who have voluntarily 
returned to Liberia or his or her country of last habitual residence 
outside the United States.''
    You may submit your completed Application for Travel Document (Form 
I-131) with your Application for Employment Authorization (Form I-765). 
If you are filing the Application for Travel Document (Form I-131) 
concurrently with your Application for Employment Authorization (Form 
I-765), please submit both applications and supporting documentation to 
the proper address in Table 1.
    If you choose to file an Application for Travel Document (Form I-
131) separately, please submit the application along with supporting 
documentation that you qualify for DED to the proper address in Table 
2.

                       Table 2--Mailing Addresses
------------------------------------------------------------------------
                If . . .                          Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S.        USCIS, Attn: DED Liberia, P.O.
 Postal Service.                          Box 6943, Chicago, IL 60680-
                                          6943.
You are using a non-U.S. Postal Service  USCIS, Attn: DED Liberia, 131
 delivery service.                        S. Dearborn 3rd Floor,
                                          Chicago, IL 60603-5517.
------------------------------------------------------------------------

    If you have a pending or approved Application for Employment 
Authorization (Form I-765), please submit the Notice of Action (Form I-
797) along with your Application for Travel Document (Form I-131) and 
supporting documentation.

Le[oacute]n Rodr[iacute]guez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2014-23507 Filed 9-30-14; 8:45 am]
BILLING CODE 9111-97-P