[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36346-36350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15576]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2568-15; DHS Docket No. USCIS-2015-0003]
RIN 1615-ZB39
Designation of Nepal 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 Nepal for Temporary Protected Status (TPS) for a period of
18 months, effective June 24, 2015 through December 24, 2016. Under
section 244(b)(1)(B) of the Immigration and Nationality Act (INA), 8
U.S.C. 1254a(b)(1)(B), the Secretary is authorized to designate a
foreign state (or any part thereof) for TPS upon finding that the
foreign state has experienced an earthquake resulting in a substantial,
but temporary, disruption of living conditions.
This designation allows eligible Nepalese nationals (and aliens
having no nationality who last habitually resided in Nepal) who have
continuously resided in the United States since June 24, 2015, and have
been continuously physically present in the United States since June
24, 2015 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 June 24, 2015 and ends on December 21, 2015. They may also
apply for Employment Authorization Documents (EAD) and for travel
authorization. Through this Notice, DHS also sets forth the procedures
for nationals of Nepal (or aliens having no nationality who last
habitually resided in Nepal) to apply for TPS, EADs, and travel
authorization with U.S. Citizenship and Immigration Services (USCIS).
DATES: This designation of Nepal for TPS is effective on June 24, 2015
and will remain in effect through December 24, 2016. The 180-day
registration period for eligible individuals to submit TPS applications
begins June 24, 2015, and will remain in effect through December 21,
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 Nepal for TPS by
selecting ``TPS Designated Country: Nepal'' 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).
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
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
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 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.
The granting of TPS does not result in or lead to
lawful permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(2).
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 Nepal for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary,
[[Page 36347]]
after consultation with appropriate U.S. Government (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 if the Secretary determines that
one or more of three bases exist. One basis is if the Secretary finds
that ``. . . (i) there has been an earthquake, flood, drought,
epidemic, or other environmental disaster in the state resulting in a
substantial, but temporary, disruption of living conditions in the area
affected, (ii) the foreign state is unable, temporarily, to handle
adequately the return to the state of aliens who are nationals of the
state, and (iii) the foreign state officially has requested designation
for TPS. . . .'' INA section 244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B).
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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
eligible 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 sections 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 Nepal for TPS through December 24,
2016?
On April 25, 2015, a magnitude 7.8 earthquake struck Nepal. The
earthquake's epicenter was less than 50 miles from the capital city,
Kathmandu, and Pokhara, another major city in central Nepal.
Approximately 25 to 33 percent of Nepal's population (over 8 million
people) in 39 of Nepal's 75 districts has been affected by the
earthquake. There have been numerous aftershocks since the April 25
earthquake, with the strongest striking on May 12 and measuring
magnitude 7.3. The May 12 aftershock contributed to additional
casualties and resulted in the collapse of some buildings that had
suffered damage in the April 25 earthquake. The earthquake and its
aftershocks have caused over 8,700 fatalities and more than 20,000
injuries, displaced millions of people, and resulted in destruction or
significant damage to over 750,000 homes. The UN estimates 2.8 million
people are in need of humanitarian assistance.
The earthquake severely damaged much of the country's
infrastructure in the affected areas, including the capital of
Kathmandu. Earthquake-related rubble litters urban population centers,
and many roads have been destroyed or rendered impassable.
Infrastructure damage from the earthquake has jeopardized food
security, with over 1.4 million people estimated to be in need of food
assistance. Displaced persons have varying access to basic services,
such as shelter, water, sanitation, and hygiene and many continue to
live outdoors. Medical care was also affected by the earthquake, with
over 25 hospitals damaged and more than 900 village health facilities
rendered nonfunctional. At least 950,000 children in Nepal are at risk
of being unable to return to school or are learning in temporary
structures because their schools have been destroyed, damaged.
The institutional capacity of the Nepalese government to respond to
the immediate effects of the earthquake alone is low.
The April 25 earthquake and its aftershocks caused enormous damage
in Nepal'srural areas that are difficult to access because of the
mountainous terrain and limited numbers of undamaged roads. With the
2015 monsoon season starting this month, remote areas will face
additional threats, including landslides and flooding, and providing
aid to them may become more difficult.
Based upon review of these conditions and after consultation with
appropriate Government agencies, the Secretary has determined that:
There has been an earthquake, flood, drought, epidemic, or
other environmental disaster in Nepal resulting in a substantial, but
temporary, disruption of living conditions in the area affected. See
INA section 244(b)(1)(B)(i), 8 U.S.C. 1254a(b)(1)(B)(i);
Nepal is unable, temporarily, to handle adequately the
return of aliens who are nationals of Nepal. See INA section
244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii);
Nepal has officially requested designation for TPS. See
INA section 244(b)(1)(B)(iii), 8 U.S.C. 1254a(b)(1)(B)(iii);
The designation of Nepal for TPS will be for an 18-month
period from June 24, 2015 through December 24, 2016. See INA section
244(b)(2), 8 U.S.C. 1254a(b)(2);
The date by which applicants for TPS under the designation
of Nepal must demonstrate that they have continuously resided in the
United States is June 24, 2015. See INA section 244(c)(1)(A)(ii), 8
U.S.C. 1254a(c)(1)(A)(ii);
The date by which applicants for TPS under the designation
of Nepal must demonstrate that they have been continuously physically
present in the United States is June 24, 2015, the effective date of
this designation of Nepal for TPS. INA sections 244(b)(2)(A),
(c)(1)(A)(i), 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i); and
An estimated 10,000 to 25,000 nationals of Nepal (and
persons without nationality who last habitually resided in Nepal) are
(or are likely to become) eligible for TPS under this designation. INA
section 244(b)(1), 8 U.S.C. 1254a(b)(1). This estimate is based on the
total number of Nepalese nationals believed to be in the United States
in a nonimmigrant status or without lawful immigration status.
Notice of the Designation of Nepal for TPS
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, after consultation with the appropriate Government
agencies, I designate Nepal for TPS under INA section 244(b)(1)(B), 8
U.S.C. 1254a(b)(1)(B), for a period of 18 months from June 24, 2015
through December 24, 2016.
Jeh Charles Johnson,
Secretary.
Required Application Forms and Application Fees To Register for TPS
To register for TPS for Nepal, 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 fee for Application for Employment Authorization (Form
I-
[[Page 36348]]
765) is required if you are not requesting an EAD with an initial TPS
application. Additionally, no fee is required if you are requesting an
EAD and 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 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 refile your
application packet with the correct fees before the filing deadline of
December 21, 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 refile 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-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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Then mail your application
If you: to:
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Would like to send your application by USCIS, P.O. Box 7555,
U.S. Postal Service. Chicago, IL 60680.
Would like to send your application by non- Attn: Nepal TPS, 131 S.
U.S. Postal Service courier. Dearborn 3rd Floor,
Chicago, IL 60603.
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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 appropriate mailing address in Table 1.
After you submit your EAD application and receive a USCIS receipt
number, please send an email to the Service Center handling your
application. The email should include the receipt number and state that
you submitted a request for an EAD based on an IJ/BIA grant of TPS.
This will aid in the verification of your grant of TPS and processing
of your EAD application, as USCIS may not have received records of your
grant of TPS by either the IJ or the BIA. To obtain additional
information, including the email address of the appropriate Service
Center, you may go to 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 Nepal or an alien having no nationality
who last habitually resided in Nepal. Such documents may include a copy
of your passport if available, other documentation issued by the
Government of Nepal showing your nationality (e.g., national identity
card, official travel documentation issued by the Government of Nepal),
and/or your birth certificate with English translation accompanied by
photo identification. USCIS will also consider certain forms of
secondary evidence supporting your Nepalese 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 Nepal.
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 June
24, 2015. 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 June 24, 2015, the effective date of the designation of
Nepal. See INA sections 244(b)(2)(A), (c)(1)(A)(i);8 U.S.C.
1254a(b)(2)(A), (c)(1)(A)(i).
You must also submit 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: Nepal.''
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.
[[Page 36349]]
Employment Authorization Document (EAD)
How can I obtain information on the status of my EAD request?
To obtain case status information about your TPS application,
including the status of a request for an EAD, you 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). If your Form I-765 Application for Employment
Authorization has been pending for more than 90 days, and you still
need assistance, you may request an EAD inquiry appointment with USCIS
by using the InfoPass system at https://infopass.uscis.gov. However,
we strongly encourage you first to check Case Status Online or call the
USCIS National Customer Service Center for assistance before making an
InfoPass appointment.
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; the receipt for the application for replacement
of a lost, stolen, or damaged employment authorization document is
acceptable. A receipt for the application for an initial or renewal
employment authorization is not an acceptable receipt. 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 current TPS status, such as proof of my Nepalese citizenship or
proof that I have registered for TPS?
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 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 Nepalese
citizenship or proof of TPS registration 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 status, 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 status,
[[Page 36350]]
immigration status, or 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, 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 Notice of Action (Form I-797C) showing approval
for TPS, 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. 2015-15576 Filed 6-23-15; 8:45 am]
BILLING CODE 9111-97-P