[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Notices]
[Pages 51582-51588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21006]
[[Page 51582]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2567-15; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB40
Extension of the Designation of Haiti 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 Haiti for Temporary Protected Status (TPS)
for 18 months, from January 23, 2016 through July 22, 2017.
The extension allows currently eligible TPS beneficiaries to retain
TPS through July 22, 2017, 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 Haiti that prompted
the TPS designation continue to be met. There continue to be
extraordinary and temporary conditions in that country that prevent
Haitian nationals (or aliens having no nationality who last habitually
resided in Haiti) from returning to Haiti in safety.
Through this Notice, DHS also sets forth procedures necessary for
nationals of Haiti (or aliens having no nationality who last habitually
resided in Haiti) to re-register for TPS and to apply for renewal of
their Employment Authorization Documents (EAD) with U.S. Citizenship
and Immigration Services (USCIS). Re-registration is limited to persons
who have previously registered for TPS under the designation of Haiti
and whose applications have been granted. Certain nationals of Haiti
(or aliens having no nationality who last habitually resided in Haiti)
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
January 12, 2011, and continuous physical presence in the United States
since July 23, 2011).
For individuals who have already been granted TPS under Haiti's
designation, the 60-day re-registration period runs from August 25,
2015 through October 26, 2015. USCIS will issue new EADs with a July
22, 2017 expiration date to eligible Haiti TPS beneficiaries who timely
re-register and apply for EADs under this extension. Given the
timeframes involved with processing TPS re-registration applications,
DHS recognizes that not all re-registrants will receive new EADs before
their current EADs expire on January 22, 2016. Accordingly, through
this Notice, DHS automatically extends the validity of EADs issued
under the TPS designation of Haiti for 6 months, through July 22, 2016,
and explains how TPS beneficiaries and their employers may determine
which EADs are automatically extended and their impact on Employment
Eligibility Verification (Form I-9) and the E-Verify processes.
DATES: The 18-month extension of the TPS designation of Haiti is
effective January 23, 2016, and will remain in effect through July 22,
2017. The 60-day re-registration period runs from August 25, 2015
through October 26, 2015. (Note: It is important for re-registrants to
timely re-register during this 60-day re-registration period and not to
wait until their EADs expire.)
Further Information
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 Haiti's TPS extension by selecting ``TPS
Designated Country: Haiti'' from the menu on the left side of the TPS
Web page.
You can also contact the TPS Operations Program Manager at
the Waivers and Temporary Services 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
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
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
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 Immigration and
Nationality Act (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 obtain EADs 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 result in or lead to
permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(2) and 8 CFR 244.2-.4.
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 Haiti designated for TPS?
On January 21, 2010, the Secretary designated Haiti for TPS based
on extraordinary and temporary conditions within the country,
specifically the effects of the 7.0-magnitude earthquake that occurred
on January 12, 2010. See Designation of Haiti for Temporary Protected
Status, 75 FR 3476 (Jan. 21, 2010). In 2011, the Secretary both
extended Haiti's designation and redesignated Haiti for TPS for 18
months through January 22, 2013. See Extension and Redesignation of
Haiti for
[[Page 51583]]
Temporary Protected Status, 76 FR 29000 (May 19, 2011). Haiti's
designation was then extended for an additional 18 months on October 1,
2012. See Extension of the Designation of Haiti for Temporary Protected
Status, 77 FR 59943 (October 1, 2012). The Secretary last extended
Haiti's TPS designation in 2014. Through a notice published in the
Federal Register on March 3, 2014, the Secretary extended Haiti's
designation for TPS for 18 months, through January 22, 2016, because
the conditions warranting the 2011 redesignation continued to be met.
See Extension of the Designation of Haiti for Temporary Protected
Status, 79 FR 11808 (March 3, 2014). This announcement is the third
extension of TPS for Haiti since the 2011 redesignation.
What authority does the Secretary of Homeland Security have to extend
the designation of Haiti for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government (Government), to designate a foreign state (or part thereof)
for TPS if the Secretary determines that certain country conditions
exist.\1\ The Secretary may then grant TPS to eligible nationals of
that foreign state (or eligible aliens having no nationality who last
habitually resided in the designated country). See INA 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, 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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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 may be extended for an additional period of 6, 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 Haiti through
July 22, 2017?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Haiti. Based on this review and after
consulting with DOS, the Secretary has determined that an 18-month
extension is warranted because the extraordinary and temporary
conditions that led to Haiti's designation continue to exist and
prevent Haitian nationals (or aliens having no nationality who last
habitually resided in Haiti) from returning to Haiti in safety.
Many of the conditions prompting the original January 2010 TPS
designation and the May 2011 redesignation persist, including a housing
shortage, a cholera epidemic, limited access to medical care, damage to
the economy, political instability, security risks, limited access to
food and water, a heightened vulnerability of women and children, and
environmental risks. More than 5 years after the earthquake, Haiti
continues to recover.
The January 12, 2010 earthquake caused extensive damage to the
country's physical infrastructure and public health, agricultural,
housing, transportation, and educational facilities. The Haitian
government estimates that 105,000 houses were destroyed and 188,383
houses collapsed or suffered considerable damage. At the peak of the
displacement, estimates of people internally displaced range from
approximately 1.5 million to 2.3 million. While most of the earthquake
related rubble has been cleared, and there have been improvements to
road conditions, the effort to rebuild damaged buildings has been slow.
Virtually all government offices and ministries were destroyed in
downtown Port-au-Prince and, 5 years later, remain housed in temporary
facilities.
While the country continues to make progress in relocating people
made homeless by the 2010 earthquake, estimates by the International
Organization for Migration in December 2014 put the number of Haitians
still living in internally displaced person (IDP) camps at
approximately 80,000 scattered across 105 sites. Basic services
available to camp residents have deteriorated as IDP camps close and
funding dries up, with most camps lacking waste management services and
adequate sanitation facilities--leading to a high risk of cholera
transmission--and possessing malnutrition rates higher than emergency
thresholds. Gender-based violence that exists within these informal
settlement areas continues to be a serious concern and personal
security is a serious and pervasive issue. While IDP camps are closing,
Haiti's housing shortage remains far from resolved. Haiti lacks
sufficient housing units to address its pre-earthquake shortage,
replace damaged or destroyed units, and satisfy projected urban growth.
Some Haitians have returned to unsafe homes or built houses in informal
settlements located in hazardous areas without access to basic
services.
Lingering infrastructure damage since the earthquake has also
impacted food security. Even prior to the 2010 earthquake, Haiti had
one of the highest rates of hunger and malnutrition in the Western
Hemisphere, with 45 percent of the population undernourished and 30
percent of children under 5 suffering from chronic malnutrition. Damage
from the 2010 earthquake exacerbated Haiti's historic food security
challenges. An estimated 2.5 million people are unable to cover their
basic food needs and a January 2015 United Nations report estimated
that over 600,000 people were facing severe food insecurity.
Haiti's longstanding public health challenges were exacerbated by
the January 2010 earthquake and an ongoing cholera epidemic that
started in October 2010. The introduction of cholera in Haiti shortly
after the earthquake, and its persistence since then, is mainly due to
the lack of access to clean water and appropriate sanitation
facilities. Concerted efforts by Haiti and its partners have reduced
the number of reported cholera cases in the country, but Haiti
continues to host the largest cholera epidemic in the Western
Hemisphere. As of December 2014, the cholera epidemic has affected
approximately 725,000 people and claimed over 8,800 lives in Haiti
since October 2010. In January 2015, the U.S. Centers for Disease
Control and Prevention stated that outbreaks of epidemic diseases still
occur and that progress has been slow and limited in restoring Haiti's
physical health infrastructure.
Haiti's ability to recover has been further constrained by
political instability. The January 2010 earthquake had an immediate
impact on governance and the rule of law in Haiti, killing an estimated
18 percent of the country's civil service and destroying key government
infrastructure, including the National Palace, 28 of 29 government
ministry buildings, the National Police headquarters, and various
judicial facilities. Following the expiration of local and
parliamentary
[[Page 51584]]
mandates on January 12, 2015, Haiti was left without a functioning
legislative branch or duly elected local authorities. Increasingly,
politically and economically motivated protests and demonstrations have
turned violent.
Although the Government of Haiti has taken significant steps to
improve stability and the quality of life for Haitian citizens, Haiti
continues to lack the adequate infrastructure, health and sanitation
services, and emergency response capacity necessary to ensure the
personal safety of Haitian nationals.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary has determined that:
The conditions that prompted the July 23, 2011
redesignation of Haiti 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 extraordinary and temporary
conditions in Haiti that prevent Haitian nationals (or aliens having no
nationality who last habitually resided in Haiti) from returning to
Haiti in safety. 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 Haitians (or aliens having no nationality who last
habitually resided in Haiti) 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 Haiti for TPS should be extended for an
18-month period from January 23, 2016 through July 22, 2017. See INA
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
There are approximately 50,000 current Haiti TPS
beneficiaries who are expected to file for re-registration under the
extension.
Notice of Extension of the TPS Designation of Haiti
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 Haiti for TPS on July 23, 2011, 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 designation of Haiti
for TPS for 18 months, from January 23, 2016 through July 22, 2017. See
INA section 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and
(b)(2).
Jeh Charles Johnson,
Secretary.
Required Application Forms and Application Fees To Register or Re-
Register for TPS
To register or re-register for TPS based on the designation of
Haiti, 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.
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 requesting an initial EAD and are under the age of
14 or over the age of 65 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 for Employment
Authorization (Form I-765) 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. If you choose to do this, you would file the Application for
Temporary Protected Status (Form I-821) with the fee and the
Application
[[Page 51585]]
for Employment Authorization (Form I-765) without the fee and without
requesting an EAD.
Mailing Information
Mail your application for TPS to the proper address in Table 1.
Table 1--Mailing Addresses
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If . . . Mail to . . .
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You live in Florida.................... U.S. Postal Service:
U.S. Citizenship and
Immigration Services,
Attn: Haiti TPS,
P.O. Box 4464,
Chicago, IL 60680.
Non-U.S. Postal Delivery
Service:
U.S. Citizenship and
Immigration Services,
Attn: Haiti TPS,
131 S. Dearborn--3rd Floor,
Chicago, IL 60603.
You live in the State of New York...... U.S. Postal Service:
U.S. Citizenship and
Immigration Services,
Attn: Haiti TPS,
P.O. Box 660167,
Dallas, TX 75266.
Non-U.S. Postal Delivery
Service:
U.S. Citizenship and
Immigration Services,
Attn: Haiti TPS,
2501 S. State Highway, 121
Business Suite 400,
Lewisville, TX 75067.
You live in any other state............ U.S. Postal Service:
U.S. Citizenship and
Immigration Services,
Attn: Haiti TPS,
P.O. Box 24047,
Phoenix, AZ 85074.
Non-U.S. Postal Delivery
Service:
U.S. Citizenship and
Immigration Services,
Attn: Haiti TPS,
1820 E. Skyharbor Circle S,
Suite 100,
Phoenix, AZ 85034.
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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 an IJ or the
BIA, please mail your application to the appropriate mailing address in
Table 1. Upon receiving a Notice of Action (Form I-797) from USCIS,
please send an email to the appropriate USCIS Service Center handling
your application providing the receipt number and stating that you
submitted a re-registration and/or request for an EAD based on an IJ/
BIA grant of TPS. If your USCIS receipt number begins with the letters
``LIN,'' please email the Nebraska Service Center at
[email protected]. If your USCIS receipt number begins with
the letters ``WAC,'' please email the California Service Center at
[email protected]. 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 an initial registration for Haiti TPS. Please mail your
application to the mailing address listed in Table 1.
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.
Am I eligible to receive an automatic 6-month extension of my current
EAD through July 22, 2016?
Provided that you currently have TPS under the designation of
Haiti, this Notice automatically extends your EAD by 6 months if you:
Are a national of Haiti (or an alien having no nationality
who last habitually resided in Haiti);
Received an EAD under the last extension of TPS for Haiti;
and
Have an EAD with a marked expiration date of January 22,
2016, bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.''
Although this Notice automatically extends your EAD through July
22, 2016, you must re-register timely for TPS in accordance with the
procedures described in this Notice if you would like to maintain your
TPS.
[[Page 51586]]
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 acceptable receipt is one that shows an
employee has applied to replace a document that was lost, stolen or
damaged. If you present this receipt, you must present your employer
with the actual document within 90 days. 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 January 22, 2016, and states
``A-12'' or ``C-19'' 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 July 22, 2016 (see the subsection
titled ``How do my employer and I complete the Employment Eligibility
Verification (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 should explain to your employer that
USCIS has automatically extended your EAD through July 22, 2016, based
on your Temporary Protected Status. You are also strongly encouraged,
although not required, to show your employer a copy of this Federal
Register Notice confirming the automatic extension of employment
authorization through July 22, 2016. 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 TPS-related EAD is set to expire?
Even though EADs with an expiration date of January 22, 2016, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended for 6 months by this Federal Register Notice, your employer
will need to ask you about your continued employment authorization once
January 22, 2016, is reached to meet its responsibilities for
Employment Eligibility Verification (Form I-9). Your employer does not
need a new Form I-9 to reverify your employment authorization until
July 22, 2016, the expiration date of the automatic extension, but may
need to reinspect your automatically extended EAD to check the
expiration date and code in order to record the updated expiration date
on your Form I-9 if your employer did not keep a copy of this EAD at
the time you initially presented it. 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). You are also
strongly encouraged, although not required, to show this Federal
Register Notice to your employer to explain what to do for Employment
Eligibility Verification (Form I-9).
By July 22, 2016, the expiration date of the automatic extension,
your employer must reverify your employment authorization. At that
time, you must present any unexpired document from List A or any
unexpired 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 Form I-9 instructions. Your
employer is required to reverify on Employment Eligibility Verification
(Form I-9) the employment authorization of current employees upon the
automatically extended expiration date of a TPS-related EAD, which is
July 22, 2016, in this case. 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. An
acceptable receipt is one that shows an employee has applied to replace
a document that was lost, stolen or damaged.
Can my employer require that I produce any other documentation to prove
my current TPS status, such as proof of my Haitian citizenship or proof
that I have re-registered for TPS?
No. When completing Employment Eligibility Verification (Form I-9),
including reverifying 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 Haitian citizenship or proof of re-
registration for TPS when completing Employment Eligibility
Verification (Form I-9) for new hires or reverifying the employment
authorization of current employees. 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. Note that
although you are not required to provide your employer with a copy of
this Federal Register notice, you are strongly encouraged to do so to
help avoid confusion.
What happens after July 22, 2016, for purposes of employment
authorization?
After July 22, 2016, 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 TPS re-
registrants who request them. These new EADs will have an expiration
date of July 22, 2017, 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
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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 complete Employment
Eligibility Verification (Form I-9) for a new job prior to July 22,
2016, you and your employer should do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work;''
b. Write the automatically extended EAD expiration date (July 22,
2016) in the first space; and
c. Write your alien number (USCIS number or A-number) in the second
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).
2. For Section 2, employers should record the:
a. Document title;
b. Issuing authority;
c. Document number; and
d. Automatically extended EAD expiration date (July 22, 2016).
By July 22, 2016, employers must reverify the employee's employment
authorization in Section 3 of the 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 TPS-related EAD
that was valid when you first started your job but that EAD has now
been automatically extended, your employer may reinspect your
automatically extended EAD if the employer does not have a photocopy of
the EAD on file, and 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 first space;
b. Write ``July 22, 2016'' above the previous date;
c. Write ``TPS 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 ``July 22, 2016'' above the previous date;
c. Write ``EAD Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
By July 22, 2016, when the automatic extension of EADs expires,
employers must reverify the employee's employment authorization in
Section 3.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiration'' alert for an automatically
extended EAD?
If you are an employer who participates in E-Verify and you have an
employee who is a TPS beneficiary who provided a TPS-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 TPS-
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 July 22, 2016,
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, 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 records available to DHS or the
Social Security Administration.
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
that 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
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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 unexpired EAD;
(2) A copy of this Federal Register Notice if your EAD is
automatically extended under this Notice;
(3) A copy of your Application for Temporary Protected Status
Notice of Action (Form I-797) for this re-registration;
(4) A copy of your past or current Application for Temporary
Protected Status Approval Notice (Form I-797), if you received one from
USCIS; and/or
(5) If there is an automatic extension of work authorization, a
copy of the fact sheet from the USCIS TPS 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 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. 2015-21006 Filed 8-24-15; 8:45 am]
BILLING CODE 9111-97-P