[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23830-23837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10749]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2596-16; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB63
Extension of the Designation of Haiti for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Haiti for Temporary Protected Status (TPS)
for 6 months, from July 23, 2017, through January 22, 2018. The
Secretary has determined that a limited, 6-month extension is warranted
because, although Haiti has made significant progress in recovering
from the January 2010 earthquake that prompted its initial designation,
conditions in Haiti supporting its designation for TPS continue to be
met at this time. The Secretary is committed to making TPS
determinations that fully comply with the Immigration and Nationality
Act and the intent of the program to provide a temporary form of
immigration relief and protection to eligible individuals who cannot
return to their home country due to ongoing armed conflict,
environmental disasters, or other extraordinary and temporary
conditions. This Notice also sets forth procedures necessary for
nationals of Haiti (or aliens having no nationality who last habitually
resided in Haiti) to re-register for TPS and to apply for renewal of
their Employment Authorization Documents (EAD) with U.S. Citizenship
and Immigration Services (USCIS). USCIS will issue EADs with a January
22, 2018 expiration date to eligible Haiti TPS beneficiaries who timely
re-register and apply for EADs under this extension. Provided a Haiti
TPS beneficiary timely re-registers and properly files an application
for an EAD during the 60-day re-registration period, his or her
employment authorization will be automatically extended for an
additional period not to exceed 180 days from the date the current EAD
expires, i.e., January 18, 2018. See 8 CFR 274a.13(d)(1). TPS
beneficiaries are reminded that, prior to January 22, 2018, the
Secretary will re-evaluate the designation for Haiti and decide anew
whether extension, redesignation, or termination is warranted. During
this period, beneficiaries are encouraged to prepare for their return
to Haiti in the event Haiti's designation is not extended again,
including requesting updated travel documents from the Government of
Haiti.
DATES: Extension of Designation of Haiti for TPS: The 6-month extension
of the TPS designation of Haiti is effective July 23, 2017, and will
remain in effect through January 22, 2018. The 60-day re-registration
period runs from May 24, 2017 through July 24, 2017.
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 Haiti's TPS extension by selecting ``Haiti''
from the menu on the left side of the TPS Web page.
You can also contact Guillermo Roman-Riefkohl, TPS
Operations Program Manager, at the Waivers and Temporary Services
Branch, Service Center Operations Directorate, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue NW., Washington, DC 20529-2060; or by phone at 202-272-1533
(this is not a toll-free number).
Note: The phone number provided here is solely for questions
regarding this TPS Notice. It is not for individual case status
inquiries.
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
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section
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
The extension allows TPS beneficiaries to maintain TPS through
January 22, 2018, so long as they continue to meet the eligibility
requirements for TPS. The Secretary has determined that an extension is
warranted because the conditions in Haiti that prompted the TPS
designation, while significantly improved, continue to be met. There
continue to be extraordinary and temporary conditions in Haiti that
prevent Haitian nationals (or aliens having no nationality who last
habitually resided in Haiti) from returning to Haiti in safety. The
Secretary also has determined that permitting such Haitian nationals to
continue to remain in the United States, at this time, is not contrary
to the national interest of the United States.
TPS beneficiaries are reminded that, prior to the conclusion of
this six-month
[[Page 23831]]
extension period, the Secretary will re-evaluate Haiti's TPS
designation and decide anew whether extension, redesignation, or
termination is warranted. Because the designation of TPS was intended
by Congress to be temporary in nature, and because the Government of
Haiti has expressed a desire for its nationals to return to Haiti, the
Secretary will fully re-evaluate the country conditions and any other
factors he deems necessary to determine whether Haiti's TPS designation
should continue. Among those factors, the Secretary will consider
whether permitting Haitian nationals to remain in the United States is
contrary to the national interest of the United States.
Thus, during this limited six-month period, beneficiaries are
encouraged to prepare for their return to Haiti, including requesting
updated travel documents from the Government of Haiti. The Secretary is
committed to working with the Government of Haiti to ensure an orderly
transition should Haiti's TPS designation be terminated at the
conclusion of this limited six-month extension.
Re-registration is limited to persons who have previously
registered for TPS under the designation of Haiti and whose
applications have been granted. Certain nationals of Haiti (or aliens
having no nationality who last habitually resided in Haiti) who have
not previously applied for TPS may be eligible to apply under the late
initial registration provisions if they meet (1) at least one of the
late initial filing criteria in 8 CFR 244.2(f)(2), which are also
described on the TPS Web page at https://www.uscis.gov/humanitarian/temporary-protected-status, and (2) all TPS eligibility criteria
(including continuous residence in the United States since January 12,
2011, and continuous physical presence in the United States since July
23, 2011).
For individuals who have already been granted TPS under Haiti's
designation, the 60-day re-registration period runs from May 24, 2017
through July 24, 2017. USCIS will issue EADs with a January 22, 2018
expiration date to eligible Haiti TPS beneficiaries who timely re-
register and apply for EADs under this extension. Given the timeframes
involved with processing TPS re-registration applications, DHS
recognizes that not all re-registrants will receive new EADs before
their current EADs expire on July 22, 2017. But provided a Haiti TPS
beneficiary timely re-registers and properly files an application for
an EAD during the 60-day re-registration period, his or her employment
authorization will be automatically extended for an additional period
not to exceed 180 days from the date the current EAD expires, i.e.,
January 18, 2018. This notice explains how TPS beneficiaries and their
employers may determine whether a beneficiary's employment
authorization has been automatically extended and the impact on the
Employment Eligibility Verification (Form I-9) and E-Verify processes.
There are approximately 46,000 current Haiti TPS beneficiaries who are
expected to file for re-registration under the extension.
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA), or to eligible persons without nationality who
last habitually resided in the designated country.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to work and obtain EADs so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not result in or lead to lawful
permanent resident status.
When the Secretary terminates a country's TPS designation,
beneficiaries return to the same immigration status they maintained
before TPS, if any (unless that status has since expired or been
terminated), or to any other lawfully obtained immigration status they
received while registered for TPS.
When was Haiti designated for TPS?
On January 21, 2010, the Secretary designated Haiti for TPS based
on extraordinary and temporary conditions within the country,
specifically the effects of the 7.0-magnitude earthquake that occurred
on January 12, 2010. See Designation of Haiti for Temporary Protected
Status, 75 FR 3476 (Jan. 21, 2010). In 2011, the Secretary both
extended Haiti's designation and redesignated Haiti for TPS for 18
months through January 22, 2013. See Extension and Redesignation of
Haiti for Temporary Protected Status, 76 FR 29000 (May 19, 2011). This
announcement is the fourth extension of TPS for Haiti since the 2011
redesignation. The Secretary last extended Haiti's designation on
August 25, 2015. See Extension of the Designation of Haiti for
Temporary Protected Status, 80 FR 51582 (Aug. 25, 2015).
What authority does the Secretary of Homeland Security have to extend
the designation of Haiti for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary finds that certain country conditions exist.\1\ The
Secretary may then grant TPS to eligible nationals of that foreign
state (or eligible aliens having no nationality who last habitually
resided in the designated country). See INA section 244(a)(1)(A), 8
U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------
\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, title XV, section 1517).
---------------------------------------------------------------------------
At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If following this review the
Secretary determines that a foreign state continues to meet the
conditions for TPS designation (or makes no determination at all), the
designation must be extended for an additional period of 6 months or,
in the Secretary's discretion, for an additional 12 or 18 months. See
INA section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the
Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for Haiti through
January 22, 2018?
Since the last extension was announced, DHS has reviewed conditions
in Haiti. Based on this review and after consulting with DOS, the
Secretary has determined that a limited, 6-month extension is warranted
because, although Haiti has made significant progress in recovering
from the January 2010 earthquake that prompted its initial designation,
conditions in Haiti supporting its designation for TPS persist.
[[Page 23832]]
Although lingering effects of the 2010 earthquake remain, Haiti has
made significant progress in addressing issues specific to the
earthquake, as its economy continues to recover and grow. For example,
96% of people displaced by the earthquake and living in internally
displaced person (IDP) camps have left those camps. Over 98% of the IDP
camps have closed. However, over 55,000 Haitians who lost their homes
in the earthquake are still living in 31 camps for internally displaced
persons without viable options to leave. Gender-based violence in these
camps continues to be a serious concern, and personal security is a
serious and pervasive issue. Some people who were displaced by the
earthquake, although no longer in camps, have moved back to unsafe
homes or relocated to informal settlements located in hazardous areas.
However, demonstrating improvement in Haiti's security situation, in
March 2017, the United Nations announced that the mandate of the United
Nations peacekeeping mission in Haiti will end in October 2017, to be
replaced by a new police-only mission focused on rule of law.
Hurricane Matthew made landfall in Haiti on October 4, 2016,
causing extensive damage to crops, housing, livestock, and
infrastructure across Haiti's southwest peninsula. The Government of
Haiti confirmed 546 fatalities from the storm, and over 175,000 people
were left without housing. The most significant impact from the storm
was concentrated in 3 of Haiti's 10 departments--Nippes, Grand'Anse,
and Sud. Minimal damage was inflicted on the rest of the country,
including the capital, Port-au-Prince, and the second largest city,
Cap-Ha[iuml]tien. Still, significant losses of crops and livestock in
the regions damaged by Hurricane Matthew impacted the entire country.
Heavy rains in late April 2017 caused flooding and landslides in
South, South East, Grand'Anse, and Nippes departments, with South
department most impacted. At least four people were killed, nearly
10,000 homes may have been damaged, and at least 350,000 people may
have been affected. According to a Haitian government official, an
estimated 80% of the spring harvest in South department may have been
destroyed. The damage from Hurricane Matthew and the recent heavy rains
are compounding the existing food insecurity experienced by an
estimated 3.2 million people (approximately 30 percent of the
population) in September 2016.
Haiti's weak public health system is further strained due to an
ongoing cholera epidemic, whose inception was traced to U.N.
peacekeepers assisting with earthquake recovery. Since October 2010,
close to 800,000 Haitians have contracted cholera, and nearly 10,000
people have died from the disease. However, progress has been made in
combatting cholera, and Haiti has made some progress in the health
sector in recent years. Nevertheless, Haiti faces longstanding public
health challenges, where 40% of the population lacked access to basic
health services before the 2010 earthquake. As of 2016, this figure
remains the same--40% of the population lacks access to fundamental
health and nutrition services. While the lack of access to safe
drinking water and Haiti's weak sanitation infrastructure remain
significant concerns, these are not new problems. Extreme poverty,
corruption, and low levels of education in Haiti challenge its
resilience and have contributed to the government's longstanding
inability to adequately provide for the security, health, and safety of
its citizenry.
Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
The conditions that prompted the July 23, 2011
redesignation of Haiti for TPS continue to be met. See INA section
244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
There continue to be extraordinary and temporary
conditions in Haiti that prevent Haitian nationals (or aliens having no
nationality who last habitually resided in Haiti) from returning to
Haiti in safety. See INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
It is not contrary to the national interest of the United
States to permit Haitians (or aliens having no nationality who last
habitually resided in Haiti) who meet the eligibility requirements of
TPS to remain in the United States temporarily. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The designation of Haiti for TPS should be extended for a
6-month period from July 23, 2017, through January 22, 2018. See INA
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
It is in the best interest of TPS beneficiaries to prepare
for their return to Haiti in the event that Haiti's TPS designation is
not extended again, including requesting updated travel documents from
the Government of Haiti.
Notice of Extension of the TPS Designation of Haiti
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, that the conditions that prompted
the redesignation of Haiti for TPS on July 23, 2011, continue to be
met. See INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the
basis of this determination, I am extending the existing designation of
Haiti for TPS for 6 months, from July 23, 2017, through January 22,
2018. See INA section 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C)
and (b)(2).
John F. Kelly,
Secretary.
Required Application Forms and Application Fees To Register or Re-
Register for TPS
To register or re-register for TPS based on the designation of
Haiti, an applicant must submit each of the following two applications:
1. Application for Temporary Protected Status (Form I-821).
If you are filing an application for late initial
registration, you must pay the fee for the Application for Temporary
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and
information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
If you are filing an application for re-registration, you
do not need to pay the fee for the Application for Temporary Protected
Status (Form I-821). See 8 CFR 244.17.
2. Application for Employment Authorization (Form I-765).
If you are applying for late initial registration and want
an EAD, you must pay the fee (or request a fee waiver) 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 age 66 or older and applying for late initial registration.
If you are applying for re-registration, you must pay the
fee (or request a fee waiver) 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.
If you do not want to request an EAD now, you may also
file Form I-765 later to request an EAD, and pay the fee (or request a
fee waiver), provided that
[[Page 23833]]
you still have TPS or a pending TPS application. Your EAD application
will be considered timely filed even if the date on your current TPS-
related EAD has expired. But until you timely re-register and properly
file an EAD application, your current employment authorization will end
on July 22, 2017. Accordingly, you must also properly file your EAD
application during the 60-day re-registration period in order for your
current employment authorization to be automatically extended for 180
days (i.e., Janaury 18, 2018). You are strongly encouraged to file your
EAD application as early as possible during the 60-day re-registration
period to avoid lapses in your employment authorization.
You must submit both completed application forms together, even if
you are not currently requesting an EAD. 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 submitting a personal letter
requesting a fee waiver, and by providing satisfactory supporting
documentation. For more information on the application forms and fees
for TPS, please visit the USCIS TPS Web page at http://www.uscis.gov/tps. Fees for the Application for Temporary Protected Status (Form I-
821), the Application for Employment Authorization (Form I-765), and
biometric services are also described in 8 CFR 103.7(b)(1)(i).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay for the
biometric services fee, you may apply for a fee waiver by completing a
Request for Fee Waiver (Form I-912) or by submitting a personal letter
requesting a fee waiver, and providing satisfactory supporting
documentation. For more information on the biometric services fee,
please see the Instructions to Form I-821 or visit the USCIS Web site
at http://www.uscis.gov. If necessary, you may be required to visit an
Application Support Center (ASC) to have your biometrics captured. In
such case, USCIS will send you an ASC scheduling notice.
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 or 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 . . . Mail to . . .
------------------------------------------------------------------------
You live in Florida............... For U.S. Postal Service:
U.S. Citizenship and Immigration
Services, P.O. Box 4464,
Chicago, IL 60680.
For FedEx, UPS, and DHL deliveries:
U.S. Citizenship and Immigration
Services, Attn: Haiti TPS, 131
S. Dearborn--3rd Floor, Chicago,
IL 60603.
You live in the State of New York. For U.S. Postal Service:
U.S. Citizenship and Immigration
Services, P.O. Box 660167,
Dallas, TX 75266.
For FedEx, UPS, and DHL deliveries:
U.S. Citizenship and Immigration
Services, Attn: Haiti TPS, 2501
S. State Highway, 121 Business
Suite 400, Lewisville, TX 75067.
You live in any other state....... For U.S. Postal Service:
U.S. Citizenship and Immigration
Services, P.O. Box 24047,
Phoenix, AZ 85074.
For FedEx, UPS, and DHL deliveries:
U.S. Citizenship and Immigration
Services, Attn: Haiti TPS, 1820
E. Skyharbor Circle S, Suite
100, Phoenix, AZ 85034.
------------------------------------------------------------------------
If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the
BIA, please mail your application to the appropriate address in Table
1. When submitting a re-registration application and/or requesting an
EAD based on an IJ/BIA grant of TPS, please include a copy of the IJ or
BIA order granting you TPS with your application. This will aid in the
verification of your grant of TPS and processing of your application,
as USCIS may not have received records of your grant of TPS by either
the IJ or the BIA.
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 Haiti or an alien having no nationality
who last habitually resided in Haiti. Such documents may include a copy
of your
[[Page 23834]]
passport if available, other documentation issued by the Government of
Haiti showing your nationality (e.g., national identity card, official
travel documentation issued by the Government of Haiti), and/or your
birth certificate with English translation accompanied by photo
identification. USCIS will also consider certain forms of secondary
evidence supporting your Haitian 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 Haiti.
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
January 12, 2011. 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 23, 2011. See INA sections 244(b)(2)(A),
(c)(1)(A)(i); 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i).
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 ``Haiti.''
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.
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 extension of my current EAD
through January 18, 2018?
Provided that you currently have a Haiti TPS-based EAD, you may be
eligible to have your employment authorization automatically extended
to January 18, 2018 if you:
Are a national of Haiti (or an alien having no nationality
who last habitually resided in Haiti);
Received an EAD under the designation of Haiti for TPS;
Have an EAD with a marked expiration date of July 22,
2017, bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category'';
Timely re-registered for TPS during the 60-day re-
registration period; and
Properly filed an application for an EAD during the 60-day
re-registration period.
Although you may be eligible to automatically extend your
employment authorization through January 18, 2018, you must timely re-
register for TPS in accordance with the procedures described in this
Notice if you would like to maintain your TPS. You are strongly
encouraged to file your EAD renewal application as early as possible
during the 60-day re-registration period to avoid lapses in your
employment authorization.
When hired, what documentation may I show to my employer as proof of
employment authorization and identity when completing Employment
Eligibility Verification (Form I-9)?
You can find a list of acceptable document choices on the ``Lists
of Acceptable Documents'' for Form I-9. You can find additional
detailed information about Form I-9 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 (which reflect both
identity and employment authorization), or one document from List B
(which reflects your identity) together with one document from List C
(which reflects 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 July 22, 2017, and states
``A-12'' or ``C-19'' under ``Category,'' and you timely filed an EAD
renewal application during the 60-day re-registration period, you may
choose to present your EAD to your employer together with the Form I-
797C Notice of Action (showing the qualifying eligibility category of
either A12 or C19) as proof of identity and employment authorization
for Form I-9 through January 18, 2018 (see the subsection titled ``How
do my employer and I complete the Employment Eligibility Verification
(Form I-9) on the basis of automatically extended employment
authorization 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 your employment authorization has been
automatically extended through January 18, 2018. As an alternative to
presenting evidence of your automatically extended employment
authorization, 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 to complete Employment
Verification (Form I-9) if I am already employed but my current TPS-
related EAD is set to expire?
Even though you may be eligible to have your employment
authorization automatically extended, your employer will need to ask
you about your continued employment authorization once July 22, 2017,
is reached to meet its responsibilities for Form I-9. Your employer
will need a new document to re-verify your employment authorization.
Once presented, you and your employer must make corrections to the
employment authorization
[[Page 23835]]
expiration dates in Section 1 and Section 2 of Form I-9 (see the
subsection titled ``What corrections should my current employer and I
make to Employment Eligibility Verification (Form I-9) if my employment
authorization 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.
If you file your Form I-765 to renew your current EAD, and you
receive a USCIS receipt notice (Form I-797C) stating that your current
``A-12'' or ``C-19'' coded EAD is automatically extended for 180 days,
you may show that receipt notice to your employer along with your EAD
to confirm automatic extension of employment authorization through
January 18, 2018, unless your TPS has been finally withdrawn or your
request for TPS has been finally denied. To avoid delays in receiving
the Form I-797C and a lapse in your employment authorization, you
should file your EAD renewal application as early as possible during
the re-registration period.
By January 18, 2018, the expiration date of the automatic
extension, your employer must re-verify 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 re-verify 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 bottom left-hand corner of the form), complete Section 3 of
a new Form I-9 using the most current version. Note that your employer
may not specify which List A or List C document employees must present
and cannot reject an acceptable receipt.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my Haitian 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'' 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.'' Therefore,
employers may not request proof of Haitian citizenship or proof of re-
registration for TPS when completing Form I-9 for new hires or re-
verifying the employment authorization of current employees. If the
expired EAD with category A12 or C19 is presented with the Form I-797C
Notice of Action as described herein, an employer should accept this
document combination as a valid List A document so long as the EAD
reasonably appears 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.
How do my employer and I complete Employment Eligibility Verification
(Form I-9) on the basis of automatically extended employment
authorization for a new job?
To evidence the automatic extension of your employment
authorization, you may present your expired EAD with category A12 or
C19 in combination with the Form I-797C Notice of Action showing that
the EAD renewal application was timely filed and that the qualifying
eligibility category is either A12 or C19. This document combination is
considered an unexpired Employment Authorization Document (Form I-766)
under List A. When completing Form I-9 for a new job before January 18,
2018, you and your employer should do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter the date
that is 180 days from the date your current EAD expires (January 18,
2018) as the ``employment authorized until mm/dd/yyyy'' date; and
b. Enter your Alien Number/USCIS number or A-Number where indicated
(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. When completing Section 2, employers should:
a. Determine if the EAD is auto-extended for 180 days by ensuring:
It is in category A12 or C19;
the ``received date'' on Form I-797 is on or before the
end of the 60-day re-registration period stated in this Notice; and
the category code on the EAD is the same category code on
Form I-797C, noting that employers should consider category codes A12
and C19 to be the same category code;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Insert the date that is 180 days from the date the current EAD
expires (January 18, 2018).
By January 18, 2018, employers must re-verify the employee's
employment authorization in Section 3 of the Form I-9.
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my employment authorization 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 and your employment
authorization has now been automatically extended when you timely filed
a new application for employment authorization during the 60-day re-
registration period, you may present your expired EAD with category A12
or C19 in combination with the Form I-797C Notice of Action. The Form
I-797C should show that the EAD renewal application was timely filed
and that the qualifying eligibility category is either A12 or C19. Your
employer may need to re-inspect your current EAD if your employer does
not have a copy of the EAD on file. 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 Section 1;
b. Write the date that is 180 days from the date your current EAD
expires (January 18, 2018) above the previous date (July 22, 2017); and
c. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended for 180 days by ensuring:
It is in category A12 or C19;
the ``received date'' on Form I-797 is on or before the
end of the 60-day re-registration period stated in this Notice; and
the category code on the EAD is the same category code on
Form I-797C, noting that employers should consider category codes A12
and C19 to be the same category code;
b. Draw a line through the expiration date written in Section 2;
c. Write the date that is 180 days from the date the employee's
current EAD expires (January 18, 2018) above the previous date (July
22, 2017); and
d. Initial and date the correction in the margin of Section 2.
Note: This is not considered a reverification; do not complete
Section 3
[[Page 23836]]
until either the 180-day extension has ended or the employee
presents a new document to show continued employment authorization,
whichever is sooner. By January 18, 2018, when the employee's
automatically extended employment authorization ends, employers must
re-verify 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-related EAD 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. After completing
the Form I-9 in accordance with the instructions above, the employer
may create a case in E-Verify for a new employee using the information
provided on Form I-9 and Form I-797C. The receipt number entered as the
document number on Form I-9 should be entered into the document number
field in E-Verify. By January 18, 2018, employment authorization must
be re-verified 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
process (Form I-9 and E-Verify), employers may also call the U.S.
Department of Justice's Civil Rights Division, Immigrant and Employee
Rights Section (IER), formerly the Office of Special Counsel for
Immigration-Related Unfair Employment Practices, Employer Hotline at
800-255-8155 (TTY 800-237-2515), which offers language interpretation
in numerous languages, or email IER 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, Spanish,
and many other languages. Employees or applicants may also call the IER
Worker Hotline at 800-255-7688 (TTY 800-237-2515) for information
regarding employment discrimination based upon citizenship, immigration
status, or national origin, including discrimination related to
Employment Eligibility Verification (Form I-9) and E-Verify. The IER
Worker Hotline provides language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Employment Eligibility Verification (Form I-9)
Instructions. Employers may not require extra or additional
documentation beyond what is required for Employment Eligibility
Verification (Form I-9) completion. Further, employers participating in
E-Verify who receive an E-Verify case result of ``Tentative
Nonconfirmation'' (TNC) must promptly inform employees of the TNC and
give such employees an opportunity to contest the TNC. A TNC case
result means that the information entered into E-Verify from Employment
Eligibility Verification (Form I-9) differs from Federal or state
government records.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against an employee based on the
employee's decision to contest a TNC or because the case is still
pending with E-Verify. A Final Nonconfirmation (FNC) case result is
received when E-Verify cannot verify an employee's employment
eligibility. An employer may terminate employment based on a case
result of FNC. Work-authorized employees who receive an FNC may call
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). For more
information about E-Verify related discrimination or to report an
employer for discrimination in the E-Verify process based on
citizenship or immigration status, or based on national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Employment Eligibility
Verification (Form I-9) and E-Verify procedures is available on the IER
Web site at https://www.justice.gov/ier 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 of such documents are:
(1) Your current EAD;
(2) A copy of this Federal Register Notice;
(3) A copy of your receipt notice (Form I-797C) for your
application to renew your current EAD providing an automatic extension
of your current expired or expiring EAD;
(4) A copy of your Application for Temporary Protected Status
Notice of Action (Form I-797) for this re-registration; and
(5) A copy of your past or current Application for Temporary
Protected Status Notice of Action (Form I-797), if you received one
from USCIS.
Check with the government agency regarding which document(s) the
agency will accept.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements (SAVE) program 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
service that lets you follow the progress of your SAVE verification
using your date of birth and one immigration identifier number. If an
agency has denied your application based solely or in part on a SAVE
response, the agency must offer you the opportunity to appeal the
decision in
[[Page 23837]]
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 on the SAVE Web site at http://www.uscis.gov/save, then by
choosing ``For Benefits Applicants'' from the menu on the left,
selecting ``Save Resources,'' followed by ``SAVE Fact Sheet for Benefit
Applicants.''
[FR Doc. 2017-10749 Filed 5-23-17; 8:45 am]
BILLING CODE 9111-97-P