[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26074-26080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12161]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2623-18; DHS Docket No. USCIS-2014-0007]
RIN 1615-ZB75
Termination of the Designation of Honduras 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 Honduras for Temporary Protected Status
(TPS) is set to expire on July 5, 2018. After reviewing country
conditions and consulting with appropriate U.S. Government agencies,
the Secretary of Homeland Security has determined that because
conditions in Honduras no longer support its designation for TPS,
termination of the TPS designation of Honduras is required by statute.
To provide time for an orderly transition, the Secretary is terminating
the designation effective on January 5, 2020, which is 18 months
following the end of the current designation.
Nationals of Honduras (and aliens having no nationality who last
habitually resided in Honduras) who have been granted TPS and would
like to maintain their TPS and receive TPS-based Employment
Authorization Documents (EAD) valid through January 5, 2020, must re-
register for TPS in accordance with the procedures set forth in this
Notice. After January 5, 2020, nationals of Honduras (and aliens having
no nationality who last habitually resided in Honduras) who have been
granted TPS under the Honduras designation will no longer have TPS.
DATES: The designation of Honduras for TPS is terminated effective at
11:59 p.m., local time, on January 5, 2020. The 60-day re-registration
period runs from June 5, 2018 through August 6, 2018. (Note: It is
important for re-registrants to timely re-register during this 60-day
period.)
FOR FURTHER INFORMATION CONTACT:
You may contact Samantha Deshommes, Chief, Regulatory
Coordination Division, Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, U.S. Department of Homeland Security, 20
Massachusetts Avenue NW, Washington, DC 20529-2060; or by phone at 800-
375-5283.
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 Honduras's TPS
by selecting ``Honduras'' from the menu on the left side of the TPS web
page.
If you have additional questions about Temporary Protected
Status, please visit uscis.gov/tools. Our online virtual assistant,
Emma, can answer many of your questions and point you to additional
information on our website. If you are unable to find your answers
there, you may also call our USCIS Contact Center at 800-375-5283.
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 Contact 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
[[Page 26075]]
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 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. Re-registration is limited
to persons who have previously registered for TPS under the designation
of Honduras and whose applications have been granted.
For individuals who have already been granted TPS under Honduras's
designation, the 60-day re-registration period runs from June 5, 2018
through August 6, 2018. USCIS will issue new EADs with a January 5,
2020 expiration date to eligible Honduran 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 July 5, 2018. Accordingly, through this Federal Register
notice, DHS automatically extends the validity of EADs issued under the
TPS designation of Honduras for 180 days, through January 1, 2019.
Additionally, individuals who have EADs with an expiration date of
January 5, 2018, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also
covered by this automatic extension. These individuals may show their
EAD indicating a January 5, 2018 expiration date and their EAD
application receipt (Notice of Action, Form I-797C) that notes the
application was received on or after December 15, 2017, to employers as
proof of continued employment authorization through January 1, 2019.
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 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)(1)-(2), 8 U.S.C.
1254a(c)(1)-(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
beyond the date TPS terminates.
When was Honduras designated for TPS?
On January 5, 1999, former Attorney General Janet Reno designated
Honduras for TPS based on an environmental disaster within that
country, specifically the severe flooding and associated damage from
Hurricane Mitch, which struck Honduras in October 1998. See Designation
of Honduras Under Temporary Protected Status, 64 FR 524 (Jan. 5, 1999).
The designation has been continuously extended since its initial
designation. Most recently, on November 6, 2017, former Acting
Secretary Duke announced that she had not made a decision on Honduras's
TPS designation by the statutory deadline, resulting in an automatic 6-
month extension of the designation, through July 5, 2018. See DHS Press
Release, Acting Secretary Elaine Duke Announcement on Temporary
Protected Status for Nicaragua and Honduras (Nov. 6, 2017), available
at https://www.dhs.gov/news/2017/11/06/acting-secretary-elaine-duke-announcement-temporary-protected-status-nicaragua-and; see also
Extension of the Designation of Honduras for Temporary Protected
Status, 82 FR 59630 (Dec. 15, 2017).
What authority does the Secretary have to terminate the designation of
Honduras 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 the
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
the 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 continues to meet
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 the country's TPS 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 Honduras as of
January 5, 2020?
DHS has reviewed conditions in Honduras. Based on the review, which
[[Page 26076]]
considered input received from other appropriate U.S. Government
agencies, including the Department of State, the Secretary of Homeland
Security has determined that the conditions supporting Honduras's 1999
designation for TPS on the basis of environmental disaster due to the
damage caused by Hurricane Mitch in October 1998 are no longer met.
Recovery and reconstruction efforts relating to Hurricane Mitch have
largely been completed. The social and economic conditions affected by
the hurricane have stabilized, and people are able to conduct their
daily activities without impediments directly related to damage from
the hurricane. Honduras has, however, experienced some negative
environmental conditions unrelated to Hurricane Mitch over the
intervening years. Despite ongoing challenges relating to coffee rust,
coffee bean production is up and Honduras is currently the third
largest Arabica producer in the world. In 2017 Honduras was devastated
by a pine beetle plague but the Government of Honduras took aggressive
steps to stem the invasion. Drought conditions Honduras has previously
dealt with are not currently impacting the country, with USAID
reporting as of January 2018 that sufficient seasonal rainfall had led
to higher agricultural production compared to recent years and an
increase in employment opportunities, resulting in improvements in the
food security situation in many parts of the country. While some
housing issues remain, recent construction figures show sustained
growth in 2017, with residential projects growing by 10% with respect
to 2016, and commercial projects growing by 18% over the same period.
Additionally, Honduras has been regularly accepting the return of its
nationals with final removal orders over the last five years. From
fiscal year 2013 to fiscal year 2016, DHS removed 120,047 individuals
to Honduras. In fiscal year 2017, DHS removed 22,381 Honduran
nationals. As of May 2, 2018, in fiscal year 2018 DHS has removed
13,800 Honduran nationals.
Following Hurricane Mitch, Honduras received a significant amount
of international aid to assist in its recovery efforts and to fund
reconstruction projects. Accordingly, many reconstruction projects have
now been completed. Reconstruction programs have helped to address
Honduras's ongoing housing shortage and improve infrastructure, in
particular, roads and bridges. Schools and health centers damaged by
the hurricane have also been repaired or rebuilt and reopened.
Additionally, Honduras's economy is steadily improving. The Honduran
economy grew by 3.7% in 2016, and its Gross Domestic Product (GDP)
annual growth rate is projected to trend around 4.90% by the end of the
first quarter of 2018. The GDP in Honduras averaged $5.69 billion (USD)
from 1960 until 2016, reaching an all-time high of $21.52 billion in
2016. The Honduran Government estimated that the country's unemployment
rate was 7.4% in 2016.
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.
Notice of Termination of the TPS Designation of Honduras
By the authority vested in the Secretary of Homeland Security under
INA section 244(b)(3), 8 U.S.C. 1254a(b)(3), I have determined, after
consultation with appropriate U.S. Government agencies, that the
conditions for the designation of Honduras for TPS under 244(b)(1)(B)
of the INA, 8 U.S.C. 1254a(b)(1)(B), are no longer met.
Accordingly, I order as follows:
(1) Pursuant to sections 244(b)(3)(B) and 244(d)(3) of the
Immigration and Nationality Act, the designation of Honduras for TPS
is terminated effective at 11:59 p.m., local time, on January 5,
2020, which is 18 months following the end of the current
designation, in order to provide for an orderly transition.
(2) Information concerning the termination of TPS for nationals
of Honduras (and aliens having no nationality who last habitually
resided in Honduras) will be available at local USCIS offices upon
publication of this Notice and through the USCIS Contact Center at
1-800-375-5283. This information will be published on the USCIS
website at www.uscis.gov.
Kirstjen M. Nielsen,
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 are not required 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 Honduras with the expiration
date of July 5, 2018, is automatically extended for 180 days, through
January 1, 2019. However, if you want to obtain a new EAD valid through
January 5, 2020, you must file an Application for Employment
Authorization (Form I-765) and pay the Form I-765 fee (or request a fee
waiver). 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.
Additionally, individuals who have EADs with an expiration date of
January 5, 2018, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also
covered by this automatic extension through January 1, 2019. You do not
need to apply for a new EAD in order to benefit from this 180-day
automatic extension. If you have a Form I-821 and/or Form I-765 that
was still pending as of June 5, 2018, then you do not need to file
either application again. If your pending TPS application is approved,
you will be granted TPS through January 5, 2020. Similarly, if you have
a pending TPS-related application for an EAD that is approved, it will
be valid through the same date.
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 January 1, 2019. 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 January 1,
2019.
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
[[Page 26077]]
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.
Refiling 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
refile 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 refile by the re-registration deadline, you
may still refile 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 refile
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 refile 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
application. 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 you . . . Mail your application to:
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Are re-registering for TPS and you are U.S. Citizenship and Immigration Services, Attn: TPS Honduras, P.O. Box
using the U.S. Postal Service to mail 6943, Chicago, IL 60680-6943.
your package;
or....................................
Were granted TPS by an immigration
judge or the Board of Immigration
Appeals, and you wish to request an
EAD;.
or....................................
You are re-registering for the first
time after an immigration judge or
the Board of Immigration Appeals
granted you TPS and you are using the
U.S. Postal Service to mail your
package.
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Are using a non-U.S. Postal Service U.S. Citizenship and Immigration Services, Attn: TPS Honduras, 131 S
delivery service to mail your package Dearborn--3rd Floor, Chicago, IL 60603-5517.
(for re-registrations).
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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.
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 Contact
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
Contact Center for assistance before making an InfoPass appointment.
Am I eligible to receive an automatic extension of my current EAD
through January 1, 2019, using this Federal Register notice?
Yes. Provided that you currently have a Honduras TPS-based EAD,
this Federal Register notice automatically extends your EAD through
January 1, 2019, if you:
Are a national of Honduras (or have no nationality and
last habitually resided in Honduras); and either,
Have an EAD with a marked expiration date of July 5, 2018,
bearing the notation A-12 or C-19 on the face of the card under
Category, or
Have an EAD 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 and you applied for a new EAD during the last re-registration
period but have not yet received a new EAD.
Although this Federal Register notice automatically extends your
EAD through January 1, 2019, 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
[[Page 26078]]
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
expiration date of July 5, 2018, or January 5, 2018 (and you applied
for a new EAD during the last re-registration period but have not yet
received a new EAD), 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 this Notice along with
your EAD to your employer as proof of identity and employment
eligibility for Form I-9 through January 1, 2019, unless your TPS has
been withdrawn or your request for TPS has been denied. If you have an
EAD with a marked expiration date of July 5, 2018, and you properly
filed for a new EAD in accordance with this Notice, you will also
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 January 1, 2019, unless
your TPS has been withdrawn or your request for TPS has been 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 January 1, 2019. 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
is required by law to ask you about your continued employment
authorization no later than before you start work on July 6, 2018 (or
July 5, if you have an EAD with a marked expiration date of January 5,
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 show this Federal Register notice to your employer
to explain what to do for Form I-9 and to show that your EAD has been
automatically extended through January 1, 2019. Your employer may need
to reinspect your automatically extended EAD to check the expiration
date and Category code if your employer did not keep a copy of this EAD
when you initially presented it. In addition, if you have an EAD with a
marked expiration date of July 5, 2018, and 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 January 1, 2019,
unless your TPS has been withdrawn or your request for TPS has been
denied. 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 January 1, 2019.
Before you start work on January 2, 2019, 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 January 2, 2019, 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 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 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 January 2, 2019, you and your employer should do the
following:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter January 1,
2019, the
[[Page 26079]]
automatically extended EAD expiration date as the ``expiration 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. For Section 2, employers should:
a. Determine if the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a July 5, 2018 expiration date (or
January 5, 2018 expiration date provided you applied for a new EAD
during the last re-registration period but have not yet received a new
EAD);
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write January 1, 2019, as the expiration date.
Alternatively, if you have an EAD with a marked expiration date of
July 5, 2018, and 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 Notice of Action showing that the qualifying
eligibility category is either A-12 or C-19. Unless your TPS has been
withdrawn or your request for TPS has been denied, this document
combination is considered an unexpired EAD under List A. In these
situations, to complete Section 2, employers should:
a. Determine if the EAD is auto-extended through January 1, 2019,
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. Write January 1, 2019, as the expiration date. Before the start
of work on January 2, 2019, 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 may, 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 January 1, 2019, above the previous date; 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 by ensuring:
It is in category A-12 or C-19; and
Has a marked expiration date of July 5, 2018; or January
5, 2018, provided your employee applied for a new EAD during the last
re-registration period but has not yet received a new EAD.
b. Draw a line through the expiration date written in Section 2;
c. Write January 1, 2019, above the previous date; and
d. Initial and date the correction in the Additional Information
field in Section 2.
In the alternative, you may present your expired EAD with category
A-12 or C-19 in combination with the Form I-797C Notice of Action if
you have an EAD with a marked expiration date of July 5, 2018. The Form
I-797C should show 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 January 1, 2019, above the previous date; 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 automatic
extension has ended or the employee presents a new document to show
continued employment authorization, whichever is sooner. By January
2, 2019, 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 bearing the expiration date July 5, 2018. Employers may also
create a case in E-Verify for a new employee using the EAD bearing the
expiration date January 5, 2018, provided the employee applied for a
new EAD during the last re-registration period but has not yet received
a new EAD. Employers may also create a case in E-Verify using the Form
I-797C receipt information provided on Form I-9 for employees whose
EADs have a January 5, 2018 or July 5, 2018 expiration date. 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. The alert indicates that before this employee
starts to work on January 2, 2019, you must reverify his or her
employment authorization in Section 3 of Form I-9. 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
[[Page 26080]]
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 Employment Eligibility Verification (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
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 because of
the TNC while 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), the notice of
receipt, for your application to renew your current EAD providing an
automatic extension of your currently expired or expiring EAD;
(3) A copy of your Notice of Action (Form I-797C), the notice of
receipt, for your Application for Temporary Protected Status for this
re-registration; and
(4) A copy of your Notice of Action (Form I-797), the notice of
approval, for a past or current Application for Temporary Protected
Status, 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. 2018-12161 Filed 6-4-18; 8:45 am]
BILLING CODE 9111-97-P