[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