[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4905-4911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31861]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2593-16; DHS Docket No. USCIS-2015-USCIS-2013-0006]
RIN 1615-ZB62


Extension of the Designation of Somalia for Temporary Protected 
Status

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security (DHS) announces that the 
Secretary of Homeland Security (Secretary) is extending the designation 
of Somalia for Temporary Protected Status (TPS) for a period of 18 
months, effective March 18, 2017 through September 17, 2018. This 
extension allows eligible Somali nationals (and aliens having no 
nationality who last habitually resided in Somalia) to retain TPS 
through September 17, 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 Somalia supporting its 
designation for TPS continue to be met. Through this Notice, DHS also 
sets forth procedures necessary for nationals of Somalia (or aliens 
having no nationality who last habitually resided in Somalia) to re-
register for TPS and to apply for renewal of their Employment 
Authorization Documents (EAD) with U.S. Citizenship and Immigration 
Services (USCIS).

DATES: The 18-month extension of the TPS designation of Somalia is 
effective as of March 18, 2017, and will remain in effect through 
September 17, 2018. The 60-day re-registration period runs from January 
17, 2017 through March 20, 2017. 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 Somalia's designation for 
TPS by selecting ``Somalia'' from the menu on the left side of the TPS 
Web page.
     You can also contact Guillermo Roman-Riefkohl, TPS Program 
Manager, 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--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 aliens 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.

[[Page 4906]]

     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 Somalia designated for TPS?

    On September 16, 1991, the Attorney General designated Somalia for 
TPS based on extraordinary and temporary conditions. See 56 FR 46804 
(Sept. 16, 1991). The initial designation was extended nine times based 
on determinations that the conditions warranting the designation 
continued to be met. On September 4, 2001, the Attorney General 
extended Somalia's TPS designation for a tenth time and redesignated 
Somalia for TPS. See 66 FR 46288 (Sept. 4, 2001). Under the 2001 
redesignation, the Attorney General revised the date from which 
applicants had to show they had been ``continuously residing'' in and 
``continuously physically present'' in the United States to September 
4, 2001. Somalia's TPS designation was subsequently extended nine 
additional times, including on May 1, 2012, when the Secretary both 
extended and redesignated Somalia for TPS and added ongoing armed 
conflict as an additional basis for Somalia's TPS designation. Under 
the 2012 redesignation, the Secretary revised the ``continuous 
residence'' date to May 1, 2012, and the ``continuous physical 
presence'' date to September 18, 2012. See 77 FR 25723 (May 1, 2012). 
This announcement is the third extension of the Somalia designation for 
TPS since the 2012 extension and redesignation.

What is the effect of this extension of Somalia's designation for TPS?

    This extension of Somalia's designation for TPS allows eligible 
Somali nationals (and aliens having no nationality who last habitually 
resided in Somalia) who currently hold TPS to retain it through 
September 17, 2018, so long as they otherwise continue to meet the 
eligibility requirements for TPS. Current beneficiaries who wish to 
maintain their TPS should file a re-registration application with 
USCIS. They may also apply for renewal of their EADs.
    Re-registration is limited to persons who have previously 
registered for TPS under the designation of Somalia and whose 
applications have been granted. Certain nationals of Somalia (or aliens 
having no nationality who last habitually resided in Somalia) 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 May 1, 2012, 
and continuous physical presence in the United States since September 
18, 2012).
    For individuals who have already been granted TPS under Somalia's 
designation, the 60-day re-registration period runs from January 17, 
2017 through March 20, 2017. USCIS will issue new EADs with a September 
17, 2018 expiration date to eligible Somalia 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 March 17, 2017. Accordingly, through this 
Notice, DHS automatically extends the validity of EADs issued under the 
TPS designation of Somalia for 6 months, through September 17, 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.

What authority does the Secretary have to extend the designation of 
Somalia 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\ 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).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

Why is the Secretary extending the TPS designation for Somalia through 
September 17, 2018?

    DHS, in consultation with the Department of State, has conducted a 
thorough review of conditions in Somalia. Based on this review, the 
Secretary has determined that an 18-month extension of Somalia's 
designation for TPS is warranted because the conditions that supported 
its 2012 redesignation--(1) ongoing armed conflict and (2) 
extraordinary and temporary conditions that prevent Somali nationals 
from returning to Somalia in safety--continue to exist. The Secretary 
has further determined that permitting eligible Somali nationals to 
remain temporarily in the United States is not contrary to the national 
interest of the United States.
    The security situation in Somalia remains fragile and volatile, 
with much of Somalia in a state of ongoing armed conflict between 
government forces, clan militia, African Union troops, and al-Shabaab. 
Al-Shabaab controls large swaths of territory in southern Somalia and 
conducts frequent asymmetric attacks on military and civilian targets 
in government-controlled areas. Additionally, some parts of the country 
not under al-Shabaab control experience high levels of insecurity due 
to inter- and intra-clan conflict. Members of minority clans are 
systematically marginalized, abused, and sometimes killed by members of 
larger clans. Minority clan members have also been largely displaced 
from their original territories in Somalia, and members of those clans 
who return to Somalia may find themselves in displaced persons camps. 
Individuals living in informal camps for displaced persons have been 
subjected to serious abuses, including rape, physical attacks, 
restricted access to humanitarian assistance, and clan-based 
discrimination.

[[Page 4907]]

    Somalia continues to experience a complex protracted emergency that 
is one of the worst humanitarian crises in the world. Approximately 5 
million people (over 40 percent of the total population of around 11 
million) are in need of humanitarian assistance, and there are an 
estimated 1.1 million internally displaced persons. Malnutrition rates 
in Somalia are among the highest in the world, with an estimated one 
million people experiencing acute food insecurity. The 2015-2016 El 
Ni[ntilde]o phenomenon has intensified extensive flooding and severe 
drought, with the drought conditions contributing to deteriorating food 
security in northern areas of the country. Non-permanent water sources, 
such as dams and streams are drying up, driving up the price of water. 
Vulnerable households are forced to consume unsafe water because they 
are unable to pay the high cost.
    Approximately 3.2 million people in Somalia lack sufficient access 
to emergency health care services, and about 1.9 million people are at 
risk of dying of preventable diseases due to lack of access to primary 
health care services. The maternal mortality rate in Somalia is among 
the highest in the world. Due to the drought, health facilities have 
seen an increase in waterborne communicable diseases, as the only 
available remaining water sources are shared by humans and livestock. 
Health facilities have also recorded an increased incidence of diseases 
associated with a lack of water and poor hygiene, namely skin diseases, 
respiratory infections, and febrile illnesses.
    Based upon DHS's review of conditions in Somalia and after 
consultation with appropriate Government agencies, the Secretary has 
determined that:
     The conditions that prompted the May 1, 2012 redesignation 
of Somalia for TPS continue to be met. See INA section 244(b)(1)(A) and 
(C), (b)(3)(A) and (C); 8 U.S.C. 1254a(b)(1)(A) and (C), (b)(3)(A) and 
(C).
     There continues to be an ongoing armed conflict in Somalia 
and, due to such conflict, requiring the return of Somali nationals 
would pose a serious threat to their safety. See INA section 
244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
     There continue to be extraordinary and temporary 
conditions in Somalia that prevent Somali nationals from returning to 
Somalia 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 Somalis (and persons who have no nationality who last 
habitually resided in Somalia) 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 Somalia for TPS should be extended for 
an additional 18-month period from March 18, 2017 through September 17, 
2018. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

Based on data from the last re-registration period, DHS expects 
approximately 250 beneficiaries under Somalia's TPS designation to file 
for re-registration under the extension.

Notice of Extension of the TPS Designation of Somalia

    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 supporting the 
most recent designation of Somalia for Temporary Protected Status (TPS) 
on May 1, 2012 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 designation of Somalia for TPS for 18 months from March 
18, 2017 through September 17, 2018. See INA section 244(b)(1)(A) and 
(C), (b)(2); 8 U.S.C. 1254a(b)(1)(A) and (C), (b)(2).

Jeh Charles Johnson,
Secretary.

I am currently a Somalia TPS beneficiary. What should I do?

    If you are a current TPS beneficiary, then you need to file a re-
registration application under the extension if you wish to maintain 
TPS benefits through September 17, 2018. You must use the Application 
for Temporary Protected Status (Form I-821) to re-register for TPS. The 
60-day open re-registration period will run from January 17, 2017 
through March 20, 2017.

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 
Somalia, 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 biometric services 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.

[[Page 4908]]

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
------------------------------------------------------------------------
                If you:                   Then mail your application to:
------------------------------------------------------------------------
Would like to send your application by   USCIS Attn: TPS Somalia, P.O.
 U.S. Postal Service.                     Box 6943, Chicago, IL 60680-
                                          6943.
Would like to send your application by   USCIS Attn: TPS Somalia, 131 S.
 non-U.S. Postal Service courier.         Dearborn, 3rd Floor, Chicago,
                                          IL 60603-5517.
------------------------------------------------------------------------

    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, 
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. Please mail 
your application packet to the mailing address listed in Table 1.

Supporting Documents

    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 or registering for 
TPS on the USCIS Web site at www.uscis.gov/tps under ``Somalia.''

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.

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 September 17, 2017?

    Provided that you currently have TPS under the designation of 
Somalia, this Notice automatically extends your EAD by 6 months if you:
     Are a national of Somalia (or an alien having no 
nationality who last habitually resided in Somalia);
     Have an EAD under the designation of TPS for Somalia with 
a marked expiration date of March 17, 2017, bearing the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category.''
    Although this Notice automatically extends your EAD through 
September 17, 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, 
Employment Eligibility Verification?

    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). Alternatively, you may present 
an acceptable receipt for List A,

[[Page 4909]]

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 March 17, 2017, 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 September 
17, 2017 (see the subsection titled, ``How do my employer and I 
complete 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 September 17, 2017. You may 
also show your employer a copy of this Federal Register Notice 
confirming the automatic extension of employment authorization through 
September 17, 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 March 17, 2017, 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 
September 17, 2017, 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 September 17, 2017, the expiration date of the 
automatic extension. Instead, you and your employer must make 
corrections to the employment authorization expiration dates in 
Sections 1 and 2 of 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 September 17, 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 
the most current version of Form I-9. 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 Somali citizenship?

    No. When completing Form I-9, including re-verifying employment 
authorization, employers must accept any documentation that appears on 
the Lists of Acceptable Documents and 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 Somali 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 September 17, 2017, for purposes of employment 
authorization?

    After September 17, 2017, 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 September 17, 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 September 17, 2017, you and your employer should do 
the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Enter the automatically extended EAD expiration date (September 
17, 2017) in the first space; and
    c. Enter 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 enter the:
    a. Document title;
    b. Issuing authority;
    c. Document number; and
    d. Automatically extended EAD expiration date (September 17, 2017).
    By September 17, 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 first space;
    b. Write ``September 17, 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;

[[Page 4910]]

    b. Write ``September 17, 2017,'' above the previous date;
    c. Write ``TPS Ext.'' in the Additional Information field in 
Section 2; and
    d. Initial and date the correction in the Additional Information 
field in Section 2.
    By September 17, 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 September 17, 
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 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 
(Form I-9 and E-Verify) 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 
who believes he or she was discriminated against by an employer in the 
E-Verify process based on citizenship or immigration status, or based 
on national origin, may contact OSC's Worker Information Hotline at 
800-255-7688 (TTY 800-237-2515). Additional information about proper 
nondiscriminatory 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; or
    (5) If there is an automatic extension of work authorization, 
information from the USCIS TPS Web site that provides information about 
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 click 
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,

[[Page 4911]]

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. 2016-31861 Filed 1-13-17; 8:45 am]
 BILLING CODE 9111-97-P