[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59630-59636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27140]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2612-17; DHS Docket No. USCIS-2014-0007]
RIN 1615-ZB68
Extension of the Designation of Honduras for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: The designation of Honduras for Temporary Protected Status
(TPS) is set to expire on January 5, 2018. At least 60 days before the
expiration of a country's TPS designation or extension, the Secretary
of Homeland Security (Secretary), after consultation with appropriate
Government agencies, must review the conditions in a foreign state
designated for TPS to determine whether the conditions for the TPS
designation continue to be met. If the
[[Page 59631]]
Secretary does not make a determination that a foreign state no longer
meets the conditions for designation for TPS at least 60 days before
the current expiration of the country's TPS designation, the period of
designation is automatically extended for 6 additional months (or, in
the Secretary's discretion, 12 or 18 months). The Secretary did not
make a determination on Honduras's designation by November 6, 2017, the
statutory deadline. Accordingly, the TPS designation of Honduras is
automatically extended for 6 months, from January 6, 2018 through July
5, 2018.
TPS beneficiaries are reminded that, prior to July 5, 2018, the
Secretary will review the conditions in Honduras and decide whether
extension, redesignation, or termination is warranted in accordance
with the TPS statute. During this period, beneficiaries are encouraged
to prepare for their return to Honduras in the event Honduras's
designation is not extended again and if they have no other lawful
basis for remaining in the United States, including requesting updated
travel documents from the Government of Honduras.
DATES: The 6-month extension of Honduras's TPS designation is effective
January 6, 2018, and will remain in effect through July 5, 2018. The
60-day re-registration period runs from December 15, 2017 through
February 13, 2018.
FOR FURTHER INFORMATION CONTACT:
You may contact Alexander King, Branch Chief, 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) 272-8377 (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.
For further information on TPS, including guidance on the
re-registration 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 this extension of Honduras's TPS by
selecting ``Honduras'' from the menu on the left side of the TPS web
page.
Applicants seeking information about the status of their
individual cases can check Case Status Online, available on the USCIS
website 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
CFR--Code of Federal Regulations
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
FR--Federal Register
Government--U.S. Government
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
U.S.C.--United States Code
The extension allows TPS beneficiaries to maintain TPS through July
5, 2018, so long as they continue to meet the eligibility requirements
for TPS. Through this Notice, DHS sets forth procedures necessary for
eligible nationals of Honduras (or aliens having no nationality who
last habitually resided in Honduras) to re-register for TPS and to
apply for renewal of their EADs with USCIS.
For individuals who have already been granted TPS under Honduras's
designation, the 60-day re-registration period runs from December 15,
2017 through February 13, 2018. USCIS will issue EADs with a July 5,
2018 expiration date to eligible Honduran TPS beneficiaries who timely
re-register and apply for EADs under this extension. Given the
timeframes involved with processing TPS re-registration applications,
DHS recognizes that not all re-registrants will receive new EADs before
their current EADs expire on January 5, 2018. Accordingly, through this
Notice, DHS automatically extends the validity of EADs issued under the
TPS designation of Honduras for 180 days, through July 4, 2018. This
Notice explains how TPS beneficiaries and their employers may determine
which EADs are automatically extended and how this affects the Form I-
9, Employment Eligibility Verification, and E-Verify processes.
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 apply for and be granted travel
authorization as a matter of discretion.
The granting of TPS does not automatically result in or
lead to lawful permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(2), 8 U.S.C. 1254a(c)(2).
When the Secretary terminates a country's TPS designation,
beneficiaries return to one of the following:
[cir] The same immigration status or category they maintained
before TPS, if any (unless that status or category has since expired or
been terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid on
the date TPS terminates.
When was Honduras designated for TPS?
Honduras was initially designated for TPS on January 5, 1999, on
environmental disaster grounds, specifically the devastation caused by
Hurricane Mitch. See Designation of Honduras Under Temporary Protected
Status, 64 FR 524 (Jan. 5, 1999). The last extension of Honduras's
designation for TPS was announced on May 16, 2016, based on the
determination that the conditions warranting the designation continued
to be met. See Extension of the Designation of Honduras for Temporary
Protected Status, 81 FR 30331 (May 16, 2016).
Why is the TPS designation for Honduras being extended through July 5,
2018?
The designation of Honduras for TPS is set to expire on January 5,
2018. At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in a
foreign state designated for TPS to determine
[[Page 59632]]
whether the conditions for the TPS designation continue to be met.\1\
If the Secretary does not make a determination that a foreign state no
longer meets the conditions for designation for TPS at least 60 days
before the current expiration of the country's TPS designation, the
period of designation is automatically extended for 6 additional months
(or, in the Secretary's discretion, 12 or 18 months). See INA section
244(b)(3)(A) and (C). The Secretary did not make a determination on
Honduras's designation by November 6, 2017, the statutory deadline, and
did not elect to extend the designation beyond the automatic six
months. Accordingly, the TPS designation of Honduras is automatically
extended for 6 months, from January 6, 2018 to July 5, 2018. DHS
estimates that there are approximately 86,000 nationals of Honduras
(and aliens having no nationality who last habitually resided in
Honduras) who hold TPS under Honduras's designation.
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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 the Department of Homeland Security (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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Notice of Extension of the TPS Designation of Honduras
Pursuant to INA section 244(b)(3)(A) and (C), the TPS designation
for Honduras is automatically extended for 6 months, from January 6,
2018 to July 5, 2018.
Elaine C. Duke,
Acting Secretary.
Required Application Forms and Application Fees To Re-Register for TPS
To re-register for TPS based on the designation of Honduras, you
must submit an Application for Temporary Protected Status (Form I-821).
You do not need to pay the filing fee for the Form I-821. See 8 CFR
244.17. You may be required to pay the biometrics services fee. Please
see additional information under the ``Biometric Services Fee'' section
of this Notice.
Through operation of this Notice, your existing EAD issued under
the TPS designation of Honduras with an expiration date of January 5,
2018, is automatically extended for 180 days, through July 4, 2018. You
do not need to apply for a new EAD in order to benefit from this 180-
day automatic extension. However, if you want to obtain a new EAD with
an expiration date of July 5, 2018 on its face, you must file an
Application for Employment Authorization (Form I-765) and pay the Form
I-765 fee in addition to filing your re-registration application (Form
I-821). If you do not want to request an EAD now, you may also file
Form I-765 at a later date to request an EAD and pay the fee (or
request a fee waiver), provided that you still have TPS or a pending
TPS application.
If you are seeking an EAD with your re-registration for TPS, please
submit both the Form I-821 and Form I-765 together. If you are unable
to pay the application fee and/or biometrics fee, you may complete a
Request for Fee Waiver (Form I-912) or submit a personal letter
requesting a fee waiver with 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
Form I-821, the 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 and 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 complete a Form I-912 or submit a personal letter
requesting a fee waiver with satisfactory supporting documentation. For
more information on the biometric services fee, please visit the USCIS
website at http://www.uscis.gov. If necessary, you may be required to
visit an Application Support Center to have your biometrics captured.
For additional information on the USCIS biometrics screening process
please see the USCIS Customer Profile Management Service Privacy Impact
Assessment, available at www.dhs.gov/privacy.
Re-Filing a Re-Registration TPS Application After Receiving a Denial of
a Fee Waiver Request
You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any
EAD promptly. Properly filing early will also allow you to have time to
re-file your application before the deadline, should USCIS deny your
fee waiver request. If, however, you receive a denial of your fee
waiver request and are unable to re-file by the re-registration
deadline, you may still re-file your Form I-821 with the biometrics
fee. This situation will be reviewed to determine whether you
established good cause for late TPS re-registration. However, you are
urged to re-file within 45 days of the date on any USCIS fee waiver
denial notice, if possible. See INA section 244(c)(3)(C); 8 U.S.C.
1254a(c)(3)(C); 8 CFR 244.17(b). For more information on good cause for
late re-registration, visit the USCIS TPS web page at http://www.uscis.gov/tps. Following denial of your fee waiver request, you may
also file your Form I-765 with fee either with your Form I-821 or at a
later time, if you choose.
Note: Although a re-registering TPS beneficiary age 14 and older
must pay the biometric services fee (but not the Form I-821 fee)
when filing a TPS re-registration application, you may decide to
wait to request an EAD. Therefore, you do not have to file the Form
I-765 or pay the associated Form I-765 fee (or request a fee waiver)
at the time of re-registration, and could wait to seek an EAD until
after USCIS has approved your TPS re-registration, if you are
eligible. If you choose to do this, to re-register for TPS you would
only need to file the Form I-821 with the biometrics services fee,
if applicable (or request a fee waiver).
Mailing Information
Mail your application for TPS to the proper address in Table 1.
Table 1--Mailing Addresses
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If . . . Mail to . . .
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You are applying through the U.S. USCIS, Attn: TPS Honduras, P.O.
Postal Service. Box 6943, Chicago, IL 60680-
6943.
For FedEx, UPS, and DHL deliveries..... USCIS, Attn: TPS Honduras, 131
S. Dearborn Street, 3rd Floor,
Chicago, IL 60603-5517.
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[[Page 59633]]
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the
BIA, please mail your application to the appropriate mailing address in
Table 1. When re-registering and 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 help us to verify your grant of
TPS and process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying or
registering for TPS on the USCIS website at www.uscis.gov/tps under
``Honduras.''
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 an EAD request, 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 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 180 day extension of my current
EAD through July 4, 2018, using this Federal Register notice?
Yes. Provided that you currently have TPS under the designation of
Honduras, this Notice automatically extends your EAD by 180 days if
you:
Are a national of Honduras (or an alien having no
nationality who last habitually resided in Honduras); and
Have an EAD under the designation of TPS for Honduras with
a marked expiration date of January 5, 2018, bearing the notation A-12
or C-19 on the face of the card under Category.
Although this Notice automatically extends your EAD through July 4,
2018, 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 evidence 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. Employers must complete Form I-
9 to verify the identity and employment authorization of all new
employees. Within three days of hire, employees must present acceptable
documents to their employers as evidence of identity and employment
authorization to satisfy Form I-9 requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization), or one document from
List B (which provides evidence of your identity) together with one
document from List C (which is evidence of 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. Employers may not
reject a document based on a future expiration date. You can find
additional detailed information about Form I-9 on USCIS's I-9 Central
web page at http://www.uscis.gov/I-9Central.
An EAD is an acceptable document under List A. If your EAD has an
expiration date of January 5, 2018, and states ``A-12'' or ``C-19''
under ``Category,'' it has been extended automatically for 180 days by
virtue of this Notice, and you may choose to present your EAD to your
employer as proof of identity and employment authorization for Form I-9
through July 4, 2018, unless your TPS has been withdrawn or your
request for TPS has been denied. If you properly filed an EAD renewal
application in accordance with this Notice, 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 A-12 or
C-19) as a List A document that provides evidence of your identity and
employment authorization for Form I-9 through July 4, 2018, unless your
TPS has been finally withdrawn or your request for TPS has been finally
denied. 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 reduce confusion over this extension at the time of hire, you
should explain to your employer that the validity of your EAD has been
automatically extended through July 4, 2018. You may also provide your
employer with a copy of this Notice, which explains that your EAD has
been automatically extended. As an alternative to presenting evidence
showing your EAD has been automatically extended, 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 present to my employer for Employment
Eligibility Verification (Form I-9) if I am already employed but my
current TPS-related EAD is set to expire?
Even though your EAD has been automatically extended, your employer
is required to ask you about your continued employment authorization by
the expiration date listed on your current EAD. You will need to
present your employer with evidence that you are still authorized to
work. Once presented, you may correct your employment authorization
expiration date in Section 1 and your employer should correct the EAD
expiration date in 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 EAD has been automatically
extended?'' for further information. You may also show this Notice to
your employer to explain what to do for Form I-9.
Your employer may need to reinspect your automatically extended EAD
to check the expiration date and Category code to record the updated
expiration date on your Form I-9 if your employer did not keep a copy
of this EAD when you initially presented it. In addition, if you
properly filed Form I-765 to obtain a new EAD, you will receive a Form
I-797C. The receipt notice will state that your current ``A-12'' or
``C-19'' coded EAD is automatically extended for 180 days. You may
present Form I-797C to your employer along with your EAD to confirm the
validity of your EAD has been automatically extended through July 4,
2018, unless your TPS has been finally withdrawn or your request for
TPS has been finally denied. You may also show this Federal Register
notice to your employer to show that the validity of your EAD has been
automatically extended until July 4, 2018.
The last day of the automatic EAD extension is July 4, 2018. Before
you start work on July 5, 2018, your employer must reverify your
employment authorization. At that time,
[[Page 59634]]
you must present any document from List A or any document from List C
on Form I-9 Lists of Acceptable Documents, or an acceptable List A or
List C receipt described in the Form I-9 Instructions to reverify
employment authorization.
By July 5, 2018, your employer must complete Section 3 of the
current version of the form, Form I-9 07/17/17 N, and attach it to the
previously completed Form I-9, if your original Form I-9 was a previous
version. Your employer can check the USCIS's I-9 Central web page
http://www.uscis.gov/I-9Central for the most current version of Form I-
9.
Note that your employer may not specify which List A or List C
document you 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 Honduran citizenship?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 Lists of Acceptable Documents that reasonably appears to
be genuine and that relates to you, or an acceptable List A, List B, or
List C receipt. Employers need not reverify List B identity documents.
Employers may not request documentation that does not appear on the
``Lists of Acceptable Documents.'' Therefore, employers may not request
proof of Honduran citizenship or proof of re-registration for TPS when
completing Form I-9 for new hires or reverifying the employment
authorization of current employees. If presented with EADs that have
been automatically extended, employers should accept such documents as
a valid List A document so long as the EAD reasonably appears to be
genuine and relates 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) using my automatically extended EAD for a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job before July 5, 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 July 4,
2018, the automatically extended EAD expiration date as the
``expiration date, if applicable, mm/dd/yyyy''; 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. For Section 2, employers should:
a. Determine if the EAD is auto-extended for 180 days by ensuring
it is in category A-12 or C-19 and has a January 5, 2018 expiration
date;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Insert July 4, 2018, the date that is 180 days from the date the
current EAD expires.
If you also filed for a new EAD, as proof of the automatic
extension of your employment authorization, you may present your
expired EAD with category A-12 or C-19 in combination with the Form I-
797C Notice of Action showing that the EAD renewal application was
filed and that the qualifying eligibility category is either A-12 or C-
19. Unless your TPS has been finally withdrawn or your request for TPS
has been finally denied, this document combination is considered an
unexpired EAD (Form I-766) under List A. In these situations, to
complete Section 2, employers should:
a. Determine if the EAD is auto-extended for 180 days by ensuring:
It is in category A-12 or C-19; and
The category code on the EAD is the same category code on
Form I-797C, noting that employers should consider category codes A-12
and C-19 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 July 4, 2018, the date that is 180 days from the date the
current EAD expires.
Before the start of work on July 5, 2018, 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 Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?
If you presented a TPS-related EAD that was valid when you first
started your job and your 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. You and your employer
should correct your previously completed Form I-9 as follows:
1. For Section 1, you may
a. Draw a line through the expiration date in Section 1;
b. Write July 4, 2018 which is the date that is 180 days from the
date your current EAD expires above the previous date (January 5,
2018); and
c. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Draw a line through the expiration date written in Section 2;
b. Write July 4, 2018, the date that is 180 days from the date the
employee's current EAD expires above the previous date (January 5,
2018); and
c. Initial and date the correction in the Additional Information
field of Section 2.
In the alternative, if you properly applied for a new EAD, you may
present your expired EAD with category A-12 or C-19 in combination with
the Form I-797C Notice of Action. The Form I-797C should show that the
EAD renewal application was filed and that the qualifying eligibility
category is either A-12 or C-19. To avoid confusion, you may also
provide your employer a copy of this Notice. Your employer should
correct your previously completed Form I-9 as follows:
For Section 2, employers should:
a. Determine if the EAD is auto-extended for 180 days by ensuring:
It is in category A-12 or C-19; and
The category code on the EAD is the same category code on
Form I-797C, noting that employers should consider category codes A-12
and C-19 to be the same category code.
b. Draw a line through the expiration date written in Section 2;
c. Write July 4, 2018, the date that is 180 days from the date the
employee's current EAD expires above the previous date (January 5,
2018); and
d. Initial and date the correction in the Additional Information
field in Section 2.
Note: This is not considered a reverification. Employers do not
need to complete Section 3 until either the 180-day extension has
ended or the employee presents a new document to show continued
employment authorization, whichever is sooner. By July 5, 2018, when
the employee's automatically extended EAD has expired, employers
must reverify the employee's employment authorization in Section 3.
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee using
the EAD with expiration date January 5,
[[Page 59635]]
2018, or the Form I-797C receipt information provided on Form I-9. In
either case, the number entered as the document number on Form I-9
should be entered into the document number field in E-Verify.
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. If you have employees who
are TPS beneficiaries who provided a TPS-related EAD when they 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. This indicates that you should update Form I-9
in accordance with the instructions above. Before the employee starts
to work on July 5, 2018, employment authorization must be reverified 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 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). IER offers language interpretation in numerous
languages. Employers may also 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 USCIS 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 (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 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). For more
information about E-Verify-related discrimination or to report an
employer for discrimination in the E-Verify process based on
citizenship, immigration status, or national origin, contact IER's
Worker 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 IER website at https://www.justice.gov/ier and the USCIS website 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 your receipt notice (Form I-797C) for your
application to renew your current EAD providing an automatic extension
of your currently expired or expiring EAD;
(3) A copy of your Application for Temporary Protected Status
Notice of Action (Form I-797) for this re-registration; and
(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.
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 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
[[Page 59636]]
submit a written request to correct records under the Freedom of
Information Act can be found on the SAVE website at http://www.uscis.gov/save.
[FR Doc. 2017-27140 Filed 12-14-17; 8:45 am]
BILLING CODE 9111-97-P