[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2648-2654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00886]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2615-17; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB70
Termination of the Designation of Haiti for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, U.S. Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: The designation of Haiti for Temporary Protected Status (TPS)
is set to expire on January 22, 2018. After reviewing country
conditions and consulting with the appropriate U.S. Government
agencies, the Acting Secretary of Homeland Security determined on
November 20, 2017 that conditions in Haiti no longer support its
designation for TPS and is therefore terminating the TPS designation of
Haiti. To provide time for an orderly transition, this termination is
effective on July 22, 2019, 18 months following the end of the current
designation.
Nationals of Haiti (and aliens having no nationality who last
habitually resided in Haiti) who have been granted TPS and wish to
maintain their TPS and receive TPS-based Employment Authorization
Documents (EAD) valid through July 22, 2019, must re-register for TPS
in accordance with the procedures set forth in this Notice. After July
22, 2019, nationals of Haiti (and aliens having no nationality who last
habitually resided in Haiti) who have been granted TPS under the Haiti
designation will no longer have TPS.
DATES: The designation of Haiti for TPS is terminated effective at
11:59 p.m., local time, on July 22, 2019.
The 60-day re-registration period runs from January 18, 2018
through March 19, 2018.
(Note: It is important for re-registrants to timely re-register
during this 60-day period.)
FOR FURTHER INFORMATION CONTACT:
You may contact Alex King, Branch Chief, Waivers and
Temporary Services Branch, Service Center Operations Directorate, U.S.
Citizenship and Immigration Services, U.S. 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.
[[Page 2649]]
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 termination of Haiti's TPS by
selecting ``Haiti'' from the menu on the left side of the TPS web page.
Applicants seeking information about the status of their
individual cases may 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--U.S. 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
Through this Notice, DHS sets forth procedures necessary for
eligible 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 EADs with USCIS. Re-registration is limited to persons
who have previously registered for TPS under the designation of Haiti
and whose applications have been granted.
For individuals who have already been granted TPS under Haiti's
designation, the 60-day re-registration period runs from January 18,
2018 through March 19, 2018. USCIS will issue new EADs with a July 22,
2019 expiration date to eligible Haitian TPS beneficiaries who timely
re-register and apply for EADs. 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 22, 2018. Accordingly, through this Federal Register
notice, DHS automatically extends the validity of EADs issued under the
TPS designation of Haiti for 180 days, through July 21, 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 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 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 that 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 Haiti designated for TPS?
On January 21, 2010, the Secretary of Homeland Security (Secretary)
designated Haiti for TPS under INA section 244(b)(1)(C) based on
``extraordinary and temporary conditions'' within the country,
specifically the effects of the 7.0-magnitude earthquake that occurred
on January 12, 2010, that prevented Haitians from returning in safety.
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). The last
extension of Haiti's TPS designation, for 6 months, was announced on
May 24, 2017. See Extension of the Designation of Haiti for Temporary
Protected Status, 82 FR 23830 (May 24, 2017). DHS estimates that there
are approximately 58,550 nationals of Haiti (and aliens having no
nationality who last habitually resided in Haiti) who currently hold
TPS under Haiti's designation.
What authority does the Secretary have to terminate 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 U.S. Government
agencies, to designate a foreign state (or part thereof) for TPS if the
Secretary determines 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).
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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 U.S. 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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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 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 the Secretary determines that
a foreign state continues to meet the conditions for TPS designation,
the designation must be extended for an additional period of 6 months
and, in the Secretary's discretion, may be extended for 12 or 18
months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If the
Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation, but such termination may not take effect earlier than 60
days after the date the Federal Register notice of termination is
published, or if later, the expiration of the most recent previous
extension of
[[Page 2650]]
the country designation. See INA section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B). The Secretary may determine the appropriate effective
date of the termination and the expiration of any TPS-related
documentation, such as EADs, for the purpose of providing for an
orderly transition. See id.; INA section 244(d)(3), 8 U.S.C.
1254a(d)(3).
Why is the Secretary terminating the TPS designation for Haiti as of
July 22, 2019?
DHS has reviewed conditions in Haiti. Based on the review,
including input received from other appropriate U.S. Government
agencies, the Acting Secretary of Homeland Security determined on
November 20, 2017 that the conditions for Haiti's designation for TPS--
on the basis of ``extraordinary and temporary conditions'' relating to
the 2010 earthquake that prevented Haitian nationals from returning in
safety--are no longer met.
Haiti has made progress recovering from the 2010 earthquake and
subsequent effects that formed the basis for its designation. For
example, the number of internally displaced persons (IDP) from the
earthquake has continued to decline--98 precent of IDP sites have
closed, and only approximately 38,000 of the estimated 2 million
Haitians who lost their homes in the earthquake were still living in
camps as of June 2017. In October 2017, the United Nations withdrew its
peacekeeping mission, noting the mission had achieved its goals. The
peacekeeping mission has been replaced by a successor operation that is
a police-only force focused on strengthening rule of law, promoting
human rights and supporting the Haitian National Police.
Haiti successfully completed its presidential election in February
2017. The 2010 earthquake destroyed key government infrastructure,
including dozens of primary federal buildings, which the Haitian
government is working to rebuild. The Supreme Court is already
reconstructed and operational, and, in April 2017, President Mo[iuml]se
announced a project to rebuild Haiti's National Palace. A Palace
spokesperson announced on January 8 that a project to reconstruct the
Palace would commence on January 12, 2018.
Haiti's economy continues to recover from the 2010 earthquake.
Annual GDP growth has been generally positive since 2010, averaging 1.7
percent over the period (2010-2016). Although Haiti has grappled with a
cholera epidemic that began in 2010 in the aftermath of the earthquake,
cholera is currently at its lowest level since the outbreak began.
Notice of Termination of the TPS Designation of Haiti
By the authority vested in the Secretary of Homeland Security under
INA section 244(b)(3), 8 U.S.C. 1254a(b)(3), the Acting Secretary of
Homeland Security determined on November 20, 2017, after consultation
with appropriate U.S. Government agencies, that the conditions for the
designation of Haiti for TPS under 244(b)(1)(C) of the INA. 8 U.S.C.
1254a(b)(1)(C), are no longer met. Accordingly, I order as follows:
(1) Pursuant to INA section 244(b)(3)(B) and in accordance with INA
section 244(d)(3), in order to provide for an orderly transition, the
designation of Haiti for TPS is terminated effective at 11:59 p.m.,
local time, on July 22, 2019, 18 months following the end of the
current designation.
(2) Information concerning the termination of TPS for nationals of
Haiti (and aliens having no nationality who last habitually resided in
Haiti) will be available at local USCIS offices upon publication of
this Notice and through the USCIS National Customer Service Center at
1-800-375-5283. This information will be published on the USCIS website
at www.USCIS.gov.
Elaine C. Duke,
Deputy Secretary.
Required Application Forms and Application Fees To Re-Register for TPS
To re-register for TPS based on the designation of Haiti, 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 biometric services fee. Please see
additional information under the ``Biometric Services Fee'' section of
this Notice.
Through operation of this Federal Register notice, your existing
EAD issued under the TPS designation of Haiti with the expiration date
of January 22, 2018, is automatically extended for 180 days, through
July 21, 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 valid through July 22, 2019, you must file an
Application for Employment Authorization (Form I-765) and pay the Form
I-765 fee. Note, if you do not want a new EAD, you do not have to file
Form I-765 or pay the Form I-765 fee. If you do not want to request a
new EAD now, you may also file Form I-765 at a later date and pay the
fee (or request a fee waiver), provided that you still have TPS or a
pending TPS application. But unless you timely re-register and properly
file an EAD application in accordance with this Notice, the validity of
your current EAD will end on July 21, 2018. You may file the
application for a new EAD either prior to or after your current EAD has
expired. However, you are strongly encouraged to file your application
for a new EAD as early as possible to avoid gaps in the validity of
your employment authorization documentation and to ensure that you
receive your new EAD by July 22, 2018.
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 biometric services 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).
Note: If you have a Form I-821 and/or Form I-765 that was still
pending as of January 18, 2018, then you do not need to file a new
application or applications. If your TPS application is approved,
you will be granted TPS through July 22, 2019. Similarly, if you
have a pending TPS-related application for an EAD that is approved,
it will be valid through the same date.
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
[[Page 2651]]
and issue an 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 re-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 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 live in the State of 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: TPS Haiti, 131 S.
Dearborn--3rd Floor, Chicago, IL
60603-5517.
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: TPS Haiti, 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: TPS Haiti, 1820 E.
Skyharbor Circle S, Suite 100,
Phoenix, AZ 85034.
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If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD 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, as USCIS may not have received
records of your grant of TPS by either the IJ or the BIA.
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
``Haiti.''
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 21, 2018, using this Federal Register notice?
Yes. Provided that you currently have a Haiti TPS-based EAD, this
Federal Register notice automatically extends your EAD by 180 days
(through July 21, 2018) if you:
Are a national of Haiti (or an alien having no nationality
who last habitually resided in Haiti);
Have an EAD with a marked expiration date of January 22,
2018, bearing the notation A-12 or C-19 on the face of the card under
Category.
Although this Federal Register notice automatically extends your
EAD through July 22, 2018, you must re-register timely for TPS in
accordance with the procedures described in this Federal Register
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' 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
[[Page 2652]]
expiration date of January 22, 2018, and states A-12 or C-19 under
Category, it has been extended automatically for 180 days by virtue of
this Federal Register notice and you may choose to present your EAD to
your employer as proof of identity and employment eligibility for Form
I-9 through July 21, 2018, unless your TPS has been withdrawn or your
request for TPS has been denied. If you properly filed for a new EAD in
accordance with this notice, you will receive Form I-797C, Notice of
Action that will state your current A-12 or C-19 coded EAD is
automatically extended for 180 days. You may choose to present your EAD
to your employer together with this Form I-797C as a List A document
that provides evidence of your identity and employment authorization
for Form I-9 through July 21, 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 your EAD has been automatically
extended through July 21, 2018. You may also provide your employer with
a copy of this Federal Register notice, which explains that your EAD
has been automatically extended. As an alternative to presenting
evidence of 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 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
will need to ask you about your continued employment authorization no
later than before you start work on January 23, 2018. 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 employment authorization has
been automatically extended?'' for further information. You may also
show this Federal Register 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 your Form I-765 to obtain a new EAD, you will
receive a Form I-797C, Notice of Action. Form I-797C 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 that the validity of your EAD has been automatically
extended through July 21, 2018, unless your TPS has been finally
withdrawn or your request for TPS has been finally denied. You may also
present this Federal Register notice to your employer to show that your
EAD has been automatically extended through July 21, 2018. To reduce
the possibility of gaps in your employment authorization documentation,
you should file your Form I-765 to request a new EAD as early as
possible during the re-registration period.
The last day of the automatic EAD extension is July 21, 2018.
Before you start work on July 22, 2018, 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 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 22, 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' I-9 Central web page at
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 Haitian 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 Haitian 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 Federal Register 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 employment authorization for
a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job before July 22, 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 21,
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 22, 2018 expiration
date;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Insert July 21, 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 or expiring EAD with category A-12 or C-19 in combination with
the Form I-797C
[[Page 2653]]
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 21, 2018, the date that is 180 days from the date
the current EAD expires. Before the start of work on July 22, 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 employment authorization 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 re-inspect your current EAD if they do 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 21, 2018, the date that is 180 days from the date
your current EAD expires above the previous date (January 22, 2018);
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 A-12 or C-19; and
Has an expiration date of January 22, 2018.
b. Draw a line through the expiration date written in Section 2;
c. Write July 21, 2018, the date that is 180 days from the date the
employee's current EAD expires above the previous date (January 22,
2018); and
d. Initial and date the correction in the margin 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 21, 2018, the date that is 180 days from the date the
employee's current EAD expires above the previous date (January 22,
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 22, 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 22, 2018, or the Form I-797C
receipt information provided on Form I-9. In either case, the receipt
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 such an employee
starts to work on July 22, 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 Federal Register 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). The 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 Employment Eligibility Verification (Form I-9)
Instructions. Employers may
[[Page 2654]]
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 an employee's 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 Notice of Action (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 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. 2018-00886 Filed 1-17-18; 8:45 am]
BILLING CODE 9111-97-P