[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69511-69515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27770]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2551-14; DHS Docket No. USCIS-2014-0010]
RIN 1615-ZB32


Designation of Guinea 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) has 
designated Guinea for Temporary Protected Status (TPS) for a period of 
18 months, effective November 21, 2014 through May 21, 2016. Under 
section 244(b)(1)(C) of the Immigration and Nationality Act (INA), 8 
U.S.C. 1254a(b)(1)(C), the Secretary is authorized to designate a 
foreign state (or any part thereof) for TPS upon finding that the 
foreign state is experiencing extraordinary and temporary conditions 
that prevent its nationals from returning in safety and that permitting 
such aliens to remain temporarily in the United States is not contrary 
to the national interest.
    This designation allows eligible Guinean nationals (and aliens 
having no nationality who last habitually resided in Guinea) who have 
continuously resided in the United States since November 20, 2014 and 
been continuously physically present in the United States since 
November 21, 2014 to be granted TPS. This Notice also describes the 
other eligibility criteria applicants must meet.
    Individuals who believe they may qualify for TPS under this 
designation may apply within the 180-day registration period that 
begins on November 21, 2014 and ends on May 20, 2015. They may also 
apply for Employment Authorization Documents (EADs) and for travel 
authorization. Through this Notice, DHS also sets forth the procedures 
for nationals of Guinea (or aliens having no nationality who last 
habitually resided in Guinea) to apply for TPS, EADs, and travel 
authorization with U.S. Citizenship and Immigration Services (USCIS).
    Given the Ebola Virus Disease (EVD)-related basis for the 
designations of Liberia, Guinea, and Sierra Leone for TPS and ongoing 
efforts to prevent the spread of EVD, requests for advance travel 
authorization (``advance parole'') for travel to one or more of these 
three countries will not be approved, as a matter of discretion, absent 
extraordinary circumstances. If you depart from the United States 
without obtaining advance parole or you do not comply with any 
conditions that may be placed on your advance parole document, you may 
not be permitted to re-enter the United States. TPS beneficiaries who 
are granted advance parole to travel to Liberia, Guinea or Sierra Leone 
are advised that they, like other aliens granted advance parole, are 
not guaranteed parole into the United States. A separate decision 
regarding your ability to enter will be made when you arrive at a port-
of-entry upon your return. Individuals considering travel outside the 
United States should visit the Department of State's Web site for the 
most up-to-date information in Travel Alerts and Warnings and in the 
Ebola Fact Sheet for Travelers.

DATES: This designation of Guinea for TPS is effective on November 21, 
2014 and will remain in effect through May 21, 2016. The 180-day 
registration period for eligible individuals to submit TPS applications 
begins November 21, 2014, and will remain in effect through May 20, 
2015.

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 designation of Guinea 
for TPS by selecting ``TPS Designated Country: Guinea'' 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.

[[Page 69512]]

     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

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
EVD--Ebola Virus Disease
FNC--Final Nonconfirmation
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
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
WHO--World Health Organization

What is Temporary Protected Status (TPS)?

     TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the INA, or to eligible 
persons without nationality who last habitually resided in the 
designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to work and to obtain EADs, so long as they continue to meet 
the requirements of TPS.
     TPS beneficiaries may be granted travel authorization as a 
matter of discretion. Given the EVD-related basis for the designations 
of Liberia, Guinea, and Sierra Leone for TPS and ongoing efforts to 
prevent the spread of EVD, requests for advance travel authorization 
(``advance parole'') for travel to one or more of these three countries 
will not be approved, as a matter of discretion, absent extraordinary 
circumstances. If you depart from the United States without obtaining 
advance parole or you do not comply with any conditions that may be 
placed on your advance parole document, you may not be permitted to re-
enter the United States. TPS beneficiaries who are granted advance 
parole to travel to Liberia, Guinea or Sierra Leone are advised that 
they, like other aliens granted advance parole, are not guaranteed 
parole into the United States. A separate decision regarding your 
ability to enter will be made when you arrive at a port-of-entry upon 
your return. Individuals considering travel outside the United States 
should visit the Department of State's Web site for the most up-to-date 
information in Travel Alerts and Warnings and in the Ebola Fact Sheet 
for Travelers.
     The granting of TPS does not result in or lead to 
permanent resident status.
     When the Secretary terminates a country's TPS designation 
through a separate Federal Register notice, 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.

What authority does the Secretary have to designate Guinea for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate U.S. Government 
agencies, to designate a foreign state (or part thereof) for TPS if the 
Secretary finds that certain country conditions exist.\1\ The Secretary 
can designate a foreign state for TPS based on one of three 
circumstances. One circumstance is if ``there exist extraordinary and 
temporary conditions in the foreign state that prevent aliens who are 
nationals of the state from returning to the state in safety, unless 
the [Secretary] finds that permitting the aliens to remain temporarily 
in the United States is contrary to the national interest of the United 
States.'' INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
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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, 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 the Homeland Security 
Act of 2002, tit. XV, section 1517).
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    Following the designation of a foreign state for TPS, 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 section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A). 
Applicants must demonstrate that they satisfy all eligibility criteria, 
including that they have been ``continuously physically present'' in 
the United States since the effective date of the designation, which is 
either the date of the Federal Register Notice announcing the 
designation or such later date as the Secretary may determine, and that 
they have ``continuously resided'' in the United States since such date 
as the Secretary may designate. See INA section 244(a)(1)(A), 
(b)(2)(A), (c)(1)(A)(i-ii); 8 U.S.C. 1254a(a)(1)(A), (b)(2)(A), 
(c)(1)(A)(i-ii).

Why is the Secretary designating Guinea for TPS through May 21, 2016?

    The Secretary has determined, after consultation with the 
Department of State (DOS) and other appropriate Government agencies, 
that there exist extraordinary and temporary conditions in Guinea that 
prevent Guinean nationals (and persons having no nationality who last 
habitually resided in Guinea) from returning in safety. The Secretary 
also has determined that permitting such aliens to remain temporarily 
in the United States would not be contrary to the national interest of 
the United States.
    On November 7, 2014 the World Health Organization (WHO) reported 
that as of November 4, 2014 there had been 13,241 cases of EVD in 
Guinea, Liberia, and Sierra Leone with 4,950 deaths, making the 2014 
EVD epidemic the largest in history. The outbreak began in Guinea in 
March 2014 and spread to Liberia and Sierra Leone.
    The course of the EVD epidemic currently cannot be predicted 
accurately as cases of EVD continue to rise every day. As of November 
4, 2014 there are numerous areas in each of the three countries where 
transmission continues to occur at high rates. Large scale efforts to 
control the epidemic in Guinea, Liberia and Sierra Leone are ongoing to 
address these hotspots. As of November 4, 2014, the WHO reported a 
total of 1,760 EVD cases occurring in Guinea, resulting in 1,054 
deaths. Ebola is a highly infectious, severe, and acute viral illness 
with a high fatality rate. Although experimental treatments and 
vaccines are under development, there are currently no approved 
vaccines or approved antivirals for treatment of the disease. It is 
unlikely that a medical vaccine or cure could be produced on a large 
scale in the near future.
    As of November 4, 2014, 2014, the WHO stated that the rate of 
transmission in Guinea at the national level, although still of grave 
concern, appears to have stabilized. Transmission remains persistent in 
the Macenta district which accounted for more than half of the 
confirmed cases reported in Guinea in the previous week.
    The Government of Guinea declared a public health emergency on 
August 14, 2014, and announced the

[[Page 69513]]

implementation of preventive measures, including travel restrictions 
and a ban on transporting human remains between towns. Violence and 
distrust towards government and health care workers are among the 
largest barriers in controlling the EVD epidemic in Guinea. At least 
eight EVD aid workers have reportedly been killed in Guinea, and health 
workers in several parts of the country have reportedly endured vicious 
attacks by angry mobs and destruction of their vehicles, medicine, and 
equipment. More than half of the prefectures in Guinea have seen cases 
of Ebola as of November 7, 2014.
    In September 2014, the World Bank predicted that by the end of 
2015, Guinea, Sierra Leone, and Liberia could potentially lose a total 
of $809 million in their economies due to the West African Ebola 
outbreak. Many countries in the region have closed borders and 
implemented travel bans to and from Guinea, Liberia, and Sierra Leone.
    The EVD epidemic has overwhelmed the already weak health care 
systems in Liberia and Sierra Leone, and placed Guinea's system under 
great strain. As of November 4, 2014, the WHO reports that, 545 health 
care workers are known to have developed EVD (88 in Guinea, 318 in 
Liberia, 11 in Nigeria, and 128 in Sierra Leone). Three hundred and 
eleven health care workers have died as a result of EVD infection. 
Fears of transmission, overcrowding, and inadequate medical and 
protective supplies have resulted in patients refraining from seeking 
care and doctors and nurses refusing to work. Individuals in these 
countries are increasingly unable to get treatment for preventable or 
treatable conditions, such as malaria, diarrheal diseases, and 
pregnancy complications. Maternal and child health care is being 
especially undermined. Attempted containment measures such as 
cancellation of airline flights, international trade restrictions, and 
disruption to agriculture threaten future food shortages and have added 
to the suffering caused by the EVD epidemic.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds that:
     Guinean nationals (and persons without nationality who 
last habitually resided in Guinea) cannot return to Guinea in safety 
due to extraordinary and temporary conditions. See INA section 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C);
     It is not contrary to the national interest of the United 
States to permit nationals of Guinea (and persons without nationality 
who last habitually resided in Guinea) 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 Guinea for TPS will be for an 18-month 
period from November 21, 2014 through May 21, 2016. See INA section 
244(b)(2), 8 U.S.C. 1254a(b)(2);
     Applicants for TPS under the designation of Guinea must 
demonstrate that they have been continuously residing in the United 
States since November 20, 2014. See INA section 244(c)(1)(A)(ii), 8 
U.S.C. 1254a(c)(1)(A)(ii);
     Applicants for TPS under the designation of Guinea must 
demonstrate that they have been continuously physically present in the 
United States since November 21, 2014, the effective date of this 
designation of Guinea for TPS. See INA section 244(b)(2)(A), 
(c)(1)(A)(i); 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i); and
     An estimated 2,000 nationals of Guinea (and persons 
without nationality who last habitually resided in Guinea) are (or are 
likely to become) eligible for TPS under this designation.

Notice of the Designation of Guinea for TPS

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, after consultation with the appropriate U.S. Government 
agencies, I designate Guinea for TPS under INA section 244(b)(1)(C), 8 
U.S.C. 1254a(b)(1)(C), for a period of 18 months from November 21, 2014 
through May 21, 2016.

Jeh Charles Johnson,
Secretary.

Required Application Forms and Application Fees To Register for TPS

    To register for TPS for Guinea, an applicant must submit each of 
the following two applications:
    1. Application for Temporary Protected Status (Form I-821) with the 
form fee; and
    2. Application for Employment Authorization (Form I-765).
     For administrative purposes, an applicant must submit an 
Application for Employment Authorization (Form I-765) even if no EAD is 
requested.
     If you want an EAD you must pay the Application for 
Employment Authorization (Form I-765) fee only if you are age 14 
through 65.
     No application fee for Employment Authorization (Form I-
765) is required for an EAD with an initial TPS application if you are 
under the age of 14 or over the age of 65.
    You must submit both completed application forms together. If you 
are unable to pay the required fees, you may apply for a waiver for 
these application fees and/or the biometrics services fee described 
below by completing a Request for Fee Waiver (Form I-912), or 
submitting a personal letter requesting a fee waiver, and 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), Application for Employment Authorization 
(Form I-765), and biometric services are also described in 8 CFR 
103.7(b).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age or older. Those applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay for the 
biometric services fee, you may request 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 TPS Application After Receiving a Denial of a Fee Waiver 
Request

    If you request a fee waiver when filing your TPS and EAD 
application forms and your request is denied, you may re-file your 
application packet with the correct fees before the filing deadline of 
May 20, 2015. If you attempt to submit your application with a fee 
waiver request before the initial filing deadline, but you receive your 
application back with the USCIS fee waiver denial, and there are fewer 
than 45 days before the filing deadline (or the deadline has passed), 
you may still re-file your application within the 45-day period after 
the date on the USCIS fee waiver denial notice. You must include the 
correct fees, or file a new fee waiver request. Your application will 
not be rejected even if the deadline has passed, provided it is mailed 
within those 45 days and all other required information for the 
application is included. Please be aware that if you re-file your TPS 
application packet with a new fee waiver request after the deadline 
based on this guidance and that new fee waiver request is denied, you 
cannot re-

[[Page 69514]]

file again. Note: Alternatively, you may pay the TPS application fee 
and biometrics fee (if age 14 or older) but wait to request an EAD and 
pay the EAD application fee after USCIS grants your TPS application.

Mailing Information

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

                       Table 1--Mailing Addresses
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              If you:                   Then mail your application to:
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Would like to send your application  USCIS, P.O. Box 6943, Chicago, IL
 by U.S. Postal Service.              60680-6943.
Would like to send your application  Attn: Guinea TPS, 131 S. Dearborn
 by non-U.S. Postal Service courier.  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, please 
mail your application to the address in Table 1. Upon receiving a 
Receipt Notice from USCIS, please send an email to 
[email protected] with the receipt number stating that you 
submitted a request for an EAD based on an IJ/BIA grant of TPS as USCIS 
may not have independently received a record of your grant of TPS by 
either an IJ or the BIA. This will aid in the verification of your 
grant and processing of your application. You can find detailed 
information on what further information you need to email, and email 
addresses on the USCIS TPS Web page at http://www.uscis.gov/tps.

E-Filing

    You cannot electronically file your application packet when 
applying for initial registration for TPS. Please mail your application 
packet to the mailing address listed in Table 1.

Supporting Documents

What type of basic supporting documentation must I submit?

    To meet the basic eligibility requirements for TPS, you must submit 
evidence that you:
     Are a national of Guinea or an alien having no nationality 
who last habitually resided in Guinea. Such documents may include a 
copy of your passport if available, other documentation issued by the 
Government of Guinea showing your nationality (e.g., national identity 
card, official travel documentation issued by the Government of 
Guinea), and/or your birth certificate with English translation 
accompanied by photo identification. USCIS will also consider certain 
forms of secondary evidence supporting your Guinean nationality. If the 
evidence presented is insufficient for USCIS to make a determination as 
to your nationality, USCIS may request additional evidence. If you 
cannot provide a passport, birth certificate with photo identification, 
or a national identity document with your photo or fingerprint, you 
must submit an affidavit showing proof of your unsuccessful efforts to 
obtain such documents and affirming that you are a national of Guinea. 
However, please be aware that an interview with an immigration officer 
will be required if you do not present any documentary proof of 
identity or nationality or if USCIS otherwise requests a personal 
appearance. See 8 CFR 103.2(b)(9), 244.9(a)(1);
     Have continuously resided in the United States since 
November 20, 2014. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 
1254a(c)(1)(A)(ii); 8 CFR 244.9(a)(2); and
     Have been continuously physically present in the United 
States since November 21, 2014, the effective date of the designation 
of Guinea. See INA section 244(b)(2)(A), (c)(1)(A)(i); 8 U.S.C. 
1254a(b)(2)(A), (c)(1)(A)(i).
    You must also present two color passport-style photographs of 
yourself. The filing instructions on the Application for Temporary 
Protected Status (Form I-821) list all the documents needed to 
establish basic eligibility for TPS. You may also find information on 
the acceptable documentation and other requirements for applying for 
TPS on the USCIS Web site at www.uscis.gov/tps under ``TPS Designated 
Country: Guinea.''

Do I need to submit additional supporting documentation?

    If one or more of the questions listed in Part 4, Question 2 of the 
Application for Temporary Protected Status (Form I- 821) applies to 
you, then you must submit an explanation on a separate sheet(s) of 
paper and/or additional documentation. Depending on the nature of the 
question(s) you are addressing, additional documentation alone may 
suffice, but usually a written explanation will also be needed.

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 at local 
offices.

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 ``List 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 the 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.

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

    No. When completing the 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

[[Page 69515]]

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 
Guinean citizenship when completing the Employment Eligibility 
Verification (Form I-9) for new hires or reverifying the employment 
authorization of current employees. If presented with EADs that are 
unexpired on their face, employers should accept such EADs as valid 
``List A'' documents so long as the EADs reasonably appear to be 
genuine and to relate to the employee. Refer to the ``Note to All 
Employees'' section for important information about your rights if your 
employer rejects lawful documentation, requires additional 
documentation, or otherwise discriminates against you because of your 
citizenship or immigration status, or national origin.

Note to All Employers

    Employers are reminded that the laws requiring 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, 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 U.S. 
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Worker Information Hotline at 
800-255-7688 (TTY 800-237-2515) for information regarding employment 
discrimination based upon citizenship status, 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 Lists 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 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 federal or state government 
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 a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples are:
    (1) Your EAD that has a valid expiration date;
    (2) A copy of your Form I-821 Approval Notice (Form I-797), if you 
receive 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 to correct records under the Freedom of Information Act 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. 2014-27770 Filed 11-20-14; 8:45 am]
BILLING CODE 4410-10-P