[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74470-74475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25907]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2590-16; DHS Docket No. USCIS-2015-0003]
RIN 1615-ZB60


Extension of the 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) is 
extending the designation of Nepal for Temporary Protected Status (TPS) 
for a period of 18 months, effective December 25, 2016, through June 
24, 2018.
    This extension allows eligible Nepalese nationals (and aliens 
having no nationality who last habitually resided in Nepal) to retain 
TPS through June 24, 2018, so long as they otherwise continue to meet 
the eligibility requirements for TPS. The Secretary has determined that 
an extension is warranted because conditions in Nepal supporting its 
designation for TPS continue to be met.
    Through this Notice, DHS also sets forth procedures necessary for 
nationals of Nepal (or aliens having no nationality who last habitually 
resided in Nepal) 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 Nepal 
and whose applications have been granted. Certain nationals of Nepal 
(or aliens having no nationality who last habitually resided in Nepal) 
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 
June 24, 2015, and continuous physical presence in the United States 
since June 24, 2015).
    For individuals who have already been granted TPS under Nepal's 
designation, the 60-day re-registration period runs from October 26, 
2016 through December 27, 2016. USCIS will issue new EADs with a June 
24, 2018 expiration date to eligible Nepal 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 December 24, 2016. Accordingly, through 
this Notice, DHS automatically extends the validity of EADs issued 
under the TPS designation of Nepal for 6 months, through June 24, 2017, 
and explains how TPS beneficiaries and their employers may determine 
which EADs are automatically extended and their impact on the 
Employment Eligibility Verification (Form I-9) and E-Verify processes.

DATES: The 18-month extension of the TPS designation of Nepal is 
effective December 25, 2016, and will remain in effect through June 24, 
2018. The 60-day re-registration period runs from October 26, 2016 
through December 27, 2016. (Note: It is important for re-registrants to 
timely re-register during this 60-day period and not to wait until 
their EADs expire.)

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 the extension of Nepal's 
designation for TPS by selecting ``Nepal'' from the menu on the left 
side of the TPS Web page.
     You can also contact Guillermo Roman-Riefkohl, TPS 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). 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
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--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

[[Page 74471]]

removed, and are authorized to work and 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.
     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.

When and why was Nepal designated for TPS?

    On June 24, 2015, the Secretary designated Nepal for TPS on 
environmental disaster grounds for a period of 18 months due to the 
conditions caused by a severe earthquake that occurred on April 25, 
2015. See Designation of Nepal for Temporary Protected Status, 80 FR 
36346 (Jun. 24, 2015).

What authority does the Secretary have to extend the designation of 
Nepal 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 
(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 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 
under this subparagraph . . .'' 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 extending the TPS designation for Nepal through 
June 24, 2018?

    The magnitude 7.8 earthquake that struck Nepal on April 25, 2015 
affected more than 8 million people--roughly 25 to 33 percent of 
Nepal's population--in 39 of Nepal's 75 districts. Approximately 9,000 
people died and 22,000 were injured. More than 755,000 homes were 
significantly damaged or destroyed. Although the Government of Nepal's 
central ministries and agencies are back to functioning at pre-
earthquake levels, reconstruction efforts have proceeded slowly. From 
late September 2015 until February 2016, earthquake relief and recovery 
efforts were impeded by civil unrest and the related obstruction of key 
crossings at the Nepal-India border. The border blockages created 
difficulties in the delivery of humanitarian relief and reconstruction 
supplies to earthquake-affected areas.
    Life in the 14 districts most affected by the earthquake continues 
to be disrupted, as most damaged or destroyed homes, schools, health 
facilities, and other buildings have not yet been repaired or rebuilt. 
According to the International Organization for Migration, as of August 
2, 2016, 18,200 earthquake-affected people remain displaced in camps, 
representing 15 percent of those who were displaced in the immediate 
aftermath of the earthquake. The Global Report on Internal Displacement 
2016 found that Nepal had the third highest level of new displacement 
related to natural disasters worldwide. The Government of Nepal has 
committed to using some of the $4.1 billion pledged by international 
donors to subsidize the rebuilding of 770,000 homes. However, 
distribution of grants for rebuilding only began in April 2016, 1 year 
after the earthquake. Because construction is difficult in monsoon 
season and winter, large-scale reconstruction is unlikely to begin 
before 2017. In May 2016, Nepal's Prime Minister estimated that it 
would take 2 years to complete the reconstruction of private homes.
    Sanitation was a challenge even before the earthquake in Nepal, and 
the earthquake significantly set back progress that had been made, 
destroying 75 percent of latrines in some affected villages. The 
earthquake's impact on safe sanitation continues to be felt, especially 
in urban areas like the Kathmandu valley, where there are land 
constraints and higher population densities.
    Hospitals, roads, and schools all suffered significant damage in 
the earthquake and are slated to be rebuilt over the next 5 years, 
according to the $8.3 billion reconstruction plan from Nepal's 
Reconstruction Authority. One year after the earthquake, 35,000 
classrooms were estimated to have been destroyed or severely damaged. 
The U.N. Development Program is still working to clear debris from 
damaged sites so that education services can be restored. In May 2016, 
the Prime Minister of Nepal estimated that the reconstruction of 
schools would take 3 years.
    In summary, although conditions in Nepal have improved following 
the April 2015 earthquake that led to Nepal's designation for TPS, the 
recovery and reconstruction process was delayed for several months due 
to civil unrest and the prolonged obstruction of Nepal's border with 
India. Some progress in rebuilding has been made, but Nepal continues 
to experience large numbers of persons without permanent or safe 
housing and a strained infrastructure that negatively impacts housing, 
food, medicine, and education.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds 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); and

[[Page 74472]]

     There are approximately 8,950 beneficiaries under Nepal's 
TPS designation.

Notice of the Extension of the TPS Designation of Nepal

    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 conditions supporting Nepal's 
June 24, 2015 designation for TPS 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 Nepal for TPS 
for 18 months from December 25, 2016 through June 24, 2018. See INA 
section 244(b)(3)(C), 8 U.S.C. 1245a(b)(3)(C).

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 
Nepal, an applicant must submit each of the following two applications:
    1. Application for Temporary Protected Status (Form I-821).
     If you are filing an application for late initial 
registration, you must pay the fee for the Application for Temporary 
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and 
information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
     If you are filing an application for re-registration, you 
do not need to pay the fee for the Application for Temporary Protected 
Status (Form I-821). See 8 CFR 244.17. and
    2. Application for Employment Authorization (Form I-765).
     If you are applying for late initial registration and want 
an EAD, you must pay the fee for the Application for Employment 
Authorization (Form I-765) only if you are age 14 through 65. No fee 
for the Application for Employment Authorization (Form I-765) is 
required if you are under the age of 14 or are 66 and older and 
applying for late initial registration.
     If you are applying for re-registration, you must pay the 
fee for the Application for Employment Authorization (Form I-765) only 
if you want an EAD, regardless of age.
     You do not pay the fee for the Application for Employment 
Authorization (Form I-765) if you are not requesting an EAD, regardless 
of whether you are applying for late initial registration or re-
registration.
    You must submit both completed application forms together. If you 
are unable to pay for the Application 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 submit a personal 
letter requesting a fee waiver, and provide 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 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 you:                   Then mail your application to:
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Would like to send your application by   USCIS, P.O. Box 7555, Chicago,
 U.S. Postal Service.                     IL 60680.
Would like to send your application by   Attn: Nepal TPS, 131 S.
 non-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 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,

[[Page 74473]]

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. 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 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: 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.

Employment Authorization Document (EAD)

How can I obtain information on the status of my EAD request?

    To get case status information about your TPS application, 
including the status of a request for an EAD, you can check Case Status 
Online at http://www.uscis.gov, or call the USCIS National Customer 
Service Center at 800-375-5283 (TTY 800-767-1833). If your Application 
for Employment Authorization (Form I-765) 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 June 24, 2017?

    Provided that you currently have TPS under the designation of 
Nepal, this Notice automatically extends your EAD by 6 months if you:
     Are a national of Nepal (or an alien having no nationality 
who last habitually resided in Nepal);
     Received an EAD under the initial designation of TPS for 
Nepal; and
     Have an EAD with a marked expiration date of December 24, 
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 June 
24, 2017, you must re-register timely for TPS in accordance with the 
procedures described in this Notice if you would like to maintain your 
TPS.

When hired, what documentation may I show to my employer as proof of 
employment authorization and identity when completing Form I-9?

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for 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 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). Or 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.
    If your EAD has an expiration date of December 24, 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 Form I-9 through June 24, 
2017 (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 
June 24, 2017. You may also show your employer a copy of this Federal 
Register Notice confirming the automatic extension of employment 
authorization through June 24, 2017. As an alternative to presenting 
your automatically extended EAD, you may choose to present any other 
acceptable document from List A, a combination of one selection from 
List B and one selection from List C, or a valid receipt.

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 December 24, 2016, that 
state ``A-12'' or ``C-19'' under ``Category''

[[Page 74474]]

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 December 24, 2016, is reached to meet its 
responsibilities for Form I-9 compliance. Your employer may need to 
reinspect your automatically extended EAD to check the expiration date 
and code to record the updated expiration date on your Form I-9 if he 
or she did not keep a copy of this EAD when you initially presented it. 
However, your employer does not need a new document to reverify your 
employment authorization until June 24, 2017, the expiration date of 
the automatic extension. Instead, you and your employer must make 
corrections to the employment authorization expiration dates in Section 
1 and Section 2 of Employment Eligibility Verification (Form I-9) (see 
the subsection titled ``What corrections should my current employer and 
I make to Form I-9 if my EAD has been automatically extended?'' for 
further information). In addition, you may also show this Federal 
Register Notice to your employer to explain what to do for Form I-9.
    By June 24, 2017, the expiration date of the automatic extension, 
your employer must reverify your employment authorization. At that 
time, you must present any document from List A or any document from 
List C on 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 should complete either Section 3 of the 
Form I-9 originally completed for you or, if this Section has already 
been completed or if the version of Form I-9 has expired (check the 
date in the upper right-hand corner of the form), complete Section 3 of 
a new Form I-9 of the most current version. Note that employers may not 
specify which List A or List C document employees must present and 
cannot reject an acceptable receipt.

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

    No. When completing Employment Form I-9, including re-verifying 
employment authorization, employers must accept any documentation that 
appears on the Lists of Acceptable Documents for 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 
for Form I-9. Therefore, employers may not request proof of Nepalese 
citizenship or proof of re-registration for TPS when completing Form I-
9 for new hires, making corrections, or reverifying the employment 
authorization of current employees. If presented with EADs that have 
been automatically extended, employers should accept such EADs as valid 
List A documents so long as the EADs reasonably appear to be genuine 
and to relate to the employee. Refer to the Note to Employees section 
of this Notice for important information about your rights if your 
employer rejects lawful documentation, requires additional 
documentation, or otherwise discriminates against you based on your 
citizenship or immigration status, or your national origin.

What happens after June 24, 2017, for purposes of employment 
authorization?

    After June 24, 2017, employers may no longer accept the EADs that 
were issued under the initial TPS designation of Nepal and 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 June 24, 2018, and can be presented to your employer for 
completion of Form I-9. Alternatively, you may choose to present any 
other legally acceptable document or combination of documents listed on 
the Lists of Acceptable Documents for Form I-9.

How do my employer and I complete Form I-9 using an automatically 
extended EAD for a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job prior to June 24, 2017, you and your employer should do the 
following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Write your alien number (USCIS number or A-number) in the first 
space (your EAD or other document from DHS will have your USCIS number 
or A-number printed on it; the USCIS number is the same as your A-
number without the A prefix); and
    c. Write the automatically extended EAD expiration date (June 24, 
2017) in the second space.
    2. For Section 2, employers should record the:
    a. Document title;
    b. Document number; and
    c. Automatically extended EAD expiration date (June 24, 2017).
    By June 24, 2017, employers must reverify the employee's employment 
authorization in Section 3 of Form I-9.

What corrections should my current employer and I make to 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 need to reinspect your 
automatically extended EAD if your employer does not have a copy of the 
EAD on file, and you and your employer should correct your previously 
completed Form I-9 as follows:
    1. For Section 1, you should:
    a. Draw a line through the expiration date in the second space;
    b. Write ``June 24, 2017,'' 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 ``June 24, 2017,'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By June 24, 2017, 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?

    E-Verify automated the verification process for employees whose TPS 
status was automatically extended in a Federal Register notice. If 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 the auto-
extension period for this EAD is about to expire. By June 24, 2017, you 
must reverify employment authorization in Section 3. Employers should 
not 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

[[Page 74475]]

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 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, including information regarding 
discrimination related to 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 for 
Form I-9 if the documentation reasonably appears to be genuine and to 
relate to the employee, or an acceptable List A, List B, or List C 
receipt described in the Form I-9 Instructions. Employers may not 
require extra or additional documentation beyond what is required for 
Form I-9 completion. Further, employers participating in E-Verify who 
receive an E-Verify case result of ``Tentative Nonconfirmation'' (TNC) 
must promptly and privately 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 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 
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 Information Hotline at 
800-255-7688 (TTY 800-237-2515). Additional information about proper 
nondiscriminatory 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 that has been automatically extended or your 
EAD that has not expired;
    (2) A copy of this Federal Register Notice if your EAD is 
automatically extended under this Notice;
    (3) A copy of your 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 Notice of Action (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 confirm the current 
immigration status of applicants for public benefits. In most cases, 
SAVE provides an automated electronic response to benefit granting 
agencies within seconds but occasionally verification can be delayed. 
You can check the status of your SAVE verification by using CaseCheck 
at the following link: https://save.uscis.gov/casecheck/, then by 
clicking the ``Check Your Case'' button. CaseCheck is a free and fast 
service that lets you follow the progress of your SAVE verification 
using your date of birth and one immigration identifier number. If a 
benefit-granting 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 ``For Benefit Applicants'' from 
the menu on the left and selecting ``Questions about your Records?''

[FR Doc. 2016-25907 Filed 10-25-16; 8:45 am]
 BILLING CODE 9111-97-P