[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54764-54769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23892]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2631-18; DHS Docket No. USCIS-2018-0005]
RIN 1615-ZB78


Continuation of Documentation for Beneficiaries of Temporary 
Protected Status Designations for Sudan, Nicaragua, Haiti, and El 
Salvador

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

ACTION: Notice.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces actions to ensure its compliance with the preliminary 
injunction order of the U.S. District Court for the Northern District 
of California in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 
2018) (``preliminary injunction''). Beneficiaries under the Temporary 
Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El 
Salvador will retain their TPS while the preliminary injunction remains 
in effect, provided that an individual's TPS status is not withdrawn 
under INA section 244(c)(3) or 8 CFR 244.14 because of ineligibility.
    DHS is further announcing it is automatically extending through 
April 2, 2019, the validity of TPS-related Employment Authorization 
Documents (EADs), Forms I-797, Notice of Action (Approval Notice), and 
Forms I-94 (Arrival/Departure Record) (collectively ``TPS-Related 
Documentation''), as specified in this Notice, for beneficiaries under 
the TPS designations for Sudan and Nicaragua, provided that the 
affected TPS beneficiaries remain otherwise individually eligible for 
TPS. See INA section 244(c)(3). This Notice also provides information 
explaining DHS's plans to issue a subsequent notice that will describe 
the steps DHS will take after April 2, 2019 to continue its compliance 
with the preliminary injunction.

DATES: The TPS designations of Sudan, Nicaragua, Haiti, and El Salvador 
will remain in effect, as required by the preliminary injunction order 
of the U.S. District Court for the Northern District of California in 
Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), so long as 
the preliminary injunction remains in effect. TPS for those countries 
will not be terminated unless and until any superseding, final, non-
appealable judicial order permits the implementation of such 
terminations. Information on the status of the preliminary injunction 
will be available at http://uscis.gov/tps.
    Further, DHS is automatically extending the validity of TPS-Related 
Documentation for those beneficiaries under the TPS designations for 
Sudan and Nicaragua, as specified in this Notice. Those documents will 
remain in effect for six months from the issuance of the preliminary 
injunction (which occurred on October 3, 2018), through April 2, 2019, 
provided the individual's TPS is not withdrawn under INA section 
244(c)(3) or 8 CFR 244.14 because of ineligibility.
    In the event the preliminary injunction is reversed and that 
reversal becomes final, DHS will allow for an orderly transition 
period, as described in the ``Possible Future Action'' section of this 
Notice.

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, please visit the USCIS TPS 
web page at http://www.uscis.gov/tps. You can find specific information 
about this continuation of the TPS benefits for eligible individuals 
under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador 
by selecting the respective country's page 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).
     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--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-94--Arrival/Departure Record
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

Background on 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

[[Page 54765]]

    [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.

Purpose of This Action

    Through this Federal Register Notice, the Department of Homeland 
Security (DHS) announces actions to ensure its compliance with the 
preliminary injunction order of the U.S. District Court for the 
Northern District of California in Ramos v. Nielsen, No. 18-cv-01554 
(N.D. Cal. Oct. 3, 2018) (``preliminary injunction''). Beneficiaries 
under the Temporary Protected Status (TPS) designations for Sudan, 
Nicaragua, Haiti, and El Salvador will retain their TPS while the 
preliminary injunction remains in effect, provided that an individual's 
TPS status is not withdrawn under INA section 244(c)(3) or 8 CFR 244.14 
because of ineligibility.
    DHS is further announcing it is automatically extending through 
April 2, 2019, the validity of TPS-related Employment Authorization 
Documents (EADs), Forms I-797, Notice of Action (Approval Notice), and 
Forms I-94 (Arrival/Departure Record) (collectively ``TPS-Related 
Documentation''), as specified in this Notice, for beneficiaries under 
the TPS designations for Sudan and Nicaragua, provided that the 
affected TPS beneficiaries remain otherwise individually eligible for 
TPS. See INA section 244(c)(3). This Notice also provides information 
explaining DHS's plans to issue a subsequent notice that will describe 
the steps DHS will take after April 2, 2019 to continue its compliance 
with the preliminary injunction.

Automatic Extension of EADs

    Through this Federal Register Notice, DHS automatically extends 
through April 2, 2019, the validity of EADs with the category codes 
``A-12'' or ``C-19'' and one of the expiration dates shown below that 
have been issued under the TPS designations of Sudan and Nicaragua:

11/02/2017
01/05/2018
11/02/2018
01/05/2019

    Additionally, a beneficiary under the TPS designations for Sudan or 
Nicaragua who applied for a new EAD but who has not yet received his or 
her new EAD is also covered by this automatic extension, provided that 
the EAD he or she possesses contains one of the expiration dates noted 
in the chart above. Such individuals may show this Federal Register 
Notice and their EAD to employers to demonstrate that their TPS-Related 
Documentation and employment authorization has been extended through 
April 2, 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, E-
Verify, and USCIS Systematic Alien Verification for Entitlements (SAVE) 
processes.

Automatic Extension of Forms I-94 (Arrival/Departure Record) and Forms 
I-797 (Notice of Action (Approval Notice))

    In addition, through this Federal Register Notice, DHS 
automatically extends through April 2, 2019, the validity periods of 
the following Forms I-94 and Forms I-797, Notice of Action (Approval 
Notice) previously issued to eligible beneficiaries granted TPS under 
the designations for Sudan and Nicaragua:

------------------------------------------------------------------------
                                  Beginning date of       End date of
            Country                   validity:            validity:
------------------------------------------------------------------------
Sudan..........................  May 3, 2016........  Nov. 2, 2017.
                                 Nov. 3, 2017.......  Nov. 2, 2018.
Nicaragua......................  July 6, 2016.......  Jan. 5, 2018.
                                 Jan. 6, 2018.......  Jan. 5, 2019.
------------------------------------------------------------------------

    However, the extension of this validity period applies only if the 
eligible TPS beneficiary properly filed for TPS re-registration during 
the most recent DHS-announced registration period for the applicable 
country, or has a re-registration application that remains pending. In 
addition, the extension does not apply if the TPS of any such 
individual has been finally withdrawn. This Notice does not extend the 
validity date of any TPS-related Form I-94 or Form I-797, Notice of 
Action (Approval Notice) issued to a TPS beneficiary that contains an 
end date not on the chart above where the individual has failed to file 
for TPS re-registration, or where his or her re-registration request 
has been finally denied.

Application Procedures

    Current beneficiaries under the TPS designations for Sudan and 
Nicaragua do not need to pay a fee or file any application, including 
the Application for Employment Authorization (Form I-765), to maintain 
their TPS benefits through April 2, 2019, if they have properly re-
registered for TPS during the most recent DHS-announced registration 
period for their country. TPS beneficiaries who have failed to re-
register properly for TPS during the last registration period may still 
file Form I-821 (Application for Temporary Protected Status) but must 
demonstrate ``good cause'' for failing to re-register on time, as 
required by law. See INA, section 244(c)(3)(C) (TPS beneficiary's 
failure to register without good cause in form and manner specified by 
DHS is ground for TPS withdrawal); 8 CFR 244.17(b) and Instructions to 
Form I-821. Any eligible beneficiary under the TPS designations for 
Sudan or Nicaragua who either does not possess an EAD that is 
automatically extended by this Notice, or wishes to apply for a new EAD 
may file Form I-765 with appropriate fee (or fee waiver request). If 
approved, USCIS will issue an EAD with an April 2, 2019, expiration 
date. Similarly, USCIS will issue an EAD with an April 2, 2019 
expiration date for those with pending EAD applications that are 
ultimately approved.

Possible Future Action

    If it becomes necessary to comply with statutory requirements for 
TPS re-registration during the pendency of the Court's Order or any 
superseding court order concerning the beneficiaries under the TPS 
designations for Sudan, Nicaragua, Haiti, and El Salvador, DHS may 
announce re-registration procedures in a future Federal Register 
Notice. See section 244(c)(3)(C) of the INA; 8 CFR 244.17.
    In the event the preliminary injunction is reversed and that 
reversal becomes final, DHS will allow for an orderly transition 
period, ending on the later of (a) 120 days from the effective date of 
such a superseding, final order, or (b) on the Secretary's previously-
announced effective date for the termination of TPS designations for 
each individual country, as follows:
     Sudan--N/A; \1\
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    \1\ Any 120-day transition period would end later than the 
Secretary's previously-announced effective dates for the termination 
of TPS designations for Sudan and Nicaragua (November 2, 2018, and 
January 5, 2019, respectively).
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     Nicaragua--N/A;
     Haiti--July 22, 2019;
     El Salvador--September 9, 2019.
    To the extent that a Federal Register Notice has auto-extended TPS-
Related Documentation beyond the 120-day orderly transition period, DHS 
reserves the right to issue a subsequent Federal Register Notice 
announcing an expiration date for the documentation that corresponds to 
the last day of the 120-day orderly transition period.

[[Page 54766]]

Effect on TPS-Related Documentation for Beneficiaries Under the TPS 
Designations for Haiti and El Salvador

    If otherwise eligible, beneficiaries under the TPS designations for 
Haiti and El Salvador who either have been approved for re-registration 
or have pending TPS re-registration and EAD applications, either have 
or will receive TPS-Related Documentation that will remain in effect 
for more than six months. Specifically, such beneficiaries will have 
TPS-Related Documentation valid until July 22, 2019, for beneficiaries 
under the TPS designations for Haiti, or until September 9, 2019, for 
beneficiaries under the TPS designations for El Salvador. The automatic 
extensions announced in this Notice therefore do not apply to them.\2\
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    \2\ See Termination of the Designation of Haiti for Temporary 
Protected Status, 83 FR 2648 (Jan. 18, 2018) and Termination of the 
Designation of El Salvador for Temporary Protected Status, 83 FR 
2654 (Jan. 18, 2018).
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Additional Notes

    Nothing in this Notice affects DHS's ongoing authority to determine 
on a case-by-case basis whether TPS beneficiaries continue to meet the 
individual eligibility requirements for TPS described in section 244(c) 
of the INA and the implementing regulations in part 244 of Title 8 of 
the Code of Federal Regulations.

Notice of Compliance With Court Order Enjoining the Implementation and 
Enforcement of Determinations To Terminate the TPS Designations of 
Sudan, Nicaragua, Haiti, and El Salvador

    As required by the preliminary injunction order of the U.S. 
District Court for the Northern District of California in Ramos v. 
Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), the previously-
announced determinations to terminate the existing designations of TPS 
for Sudan, Nicaragua, Haiti, and El Salvador \3\ will not be 
implemented or enforced unless and until the District Court's Order is 
reversed and that reversal becomes final for some or all of these four 
countries.
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    \3\ See Termination of the Designation of Sudan for Temporary 
Protected Status, 82 FR 47228 (Oct. 11, 2017); Termination of the 
Designation of Nicaragua for Temporary Protected Status, 82 FR 59636 
(Dec. 15, 2017); Termination of the Designation of Haiti for 
Temporary Protected Status, 83 FR 2648 (Jan. 18, 2018); Termination 
of the Designation of El Salvador for Temporary Protected Status, 83 
FR 2654 (Jan. 18, 2018).
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    In further compliance with the Order, I am publishing this Federal 
Register Notice automatically extending the validity of the TPS-Related 
Documentation specified above in the Supplementary Information section 
of this Notice for six months from the date of the Order, October 3, 
2018 through April 2, 2019, for eligible beneficiaries under the TPS 
designations for Sudan and Nicaragua.
    Any termination of TPS-Related Documentation for beneficiaries 
under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador 
will go into effect on the later of: (a) 120 Days from the effective 
date any superseding, final, non-appealable judicial order that permits 
the implementation of such terminations, or (b) on the Secretary's 
previously-announced effective date for the termination of TPS 
designations for each individual country. To the extent that a 
subsequent Federal Register Notice has auto-extended TPS-Related 
Documentation beyond the 120-day orderly transition period, DHS 
reserves the right to issue another Federal Register Notice 
invalidating the documents at the end of the orderly transition period.
    DHS will issue another Federal Register Notice approximately 30 
days before April 2, 2019, that will extend TPS-Related Documentation 
for an additional nine months from April 2, 2019, for all affected 
beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, 
and El Salvador. DHS will continue to issue Federal Register Notices at 
nine-month intervals so long as the preliminary injunction remains in 
place and will continue its commitment to a 120-day orderly transition 
period, as described above.
    All TPS beneficiaries must continue to maintain their TPS 
eligibility by meeting the requirements for TPS in INA section 244(c) 
and part 244 of Title 8 of the Code of Federal Regulations. DHS will 
continue to adjudicate any pending TPS re-registration and pending late 
initial applications for affected beneficiaries from the four 
countries, and continue to make appropriate individual TPS withdrawal 
decisions in accordance with existing procedures if an individual no 
longer maintains TPS eligibility. DHS may continue to announce periodic 
re-registration procedures for eligible TPS beneficiaries in accordance 
with the INA and DHS regulations. Should the preliminary injunction 
order remain in effect, DHS will take appropriate steps to continue its 
compliance with the preliminary injunction, and all statutory 
requirements.

Claire M. Grady,
Acting Deputy Secretary.

Approved Forms To Demonstrate Continuation of Lawful Status and TPS-
Related Employment Authorization

     This Federal Register Notice (October 31, 2018)
    [cir] Through operation of this Federal Register Notice, the 
existing EADs of affected TPS beneficiaries are automatically extended 
through April 2, 2019.
    [cir] A beneficiary granted TPS under the designations for Sudan 
and Nicaragua may show a copy of this Notice, along with his or her 
specified EAD, to his or her employer to demonstrate identity and 
continued TPS-related employment eligibility for purposes of meeting 
the Employment Eligibility Verification (Form I-9) requirements.
    [cir] Alternatively, such a TPS beneficiary may choose to show 
other acceptable documents that are evidence of identity and employment 
eligibility as described in the Instructions to Employment Eligibility 
Verification (Form I-9).
    [cir] Finally, such a TPS beneficiary may show a copy of this 
Notice, along with his or her specified EAD, Form I-94, or Form I-797 
Notice of Action (Approval Notice), as evidence of his or her lawful 
status, to law enforcement, federal, state, and local government 
agencies, and private entities.
     Employment Authorization Document (EAD)
    Am I eligible to receive an automatic extension of my current EAD 
through April 2, 2019, using this Federal Register Notice?
    Yes. Provided that you currently have a TPS-related EAD for Sudan 
or Nicaragua with the specified expiration dates described below, this 
Federal Register Notice automatically extends your EAD through April 2, 
2019, if you:
     Are a national of Sudan or Nicaragua (or an alien having 
no nationality who last habitually resided in Sudan or Nicaragua) who 
has TPS, and your EAD contains a category code of A-12 or C-19 and one 
of the expiration dates shown below:

11/02/2017
01/05/2018
11/02/2018
01/05/2019

    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)?

[[Page 54767]]

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Form I-9 at https://www.uscis.gov/i-9-central/acceptable-documents. 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 category code of A-12 or
  C-19 and an expiration date from the
 column below, you may show your expired    Enter this date in Section 1 of    Your employer must reverify your
  EAD along with this Federal Register                 Form I-9:                 employment authorization by:
      Notice to complete Form I-9:
----------------------------------------------------------------------------------------------------------------
11/02/2017..............................  Apr. 2, 2019......................  Apr. 3, 2019.
01/05/2018..............................  Apr. 2, 2019......................  Apr. 3, 2019.
11/02/2018..............................  Apr. 2, 2019......................  Apr. 3, 2019.
01/05/2019..............................  Apr. 2, 2019......................  Apr. 3, 2019.
----------------------------------------------------------------------------------------------------------------

    If you want to use your EAD with one of the specified expiration 
dates above, and that date has passed, then you may also provide your 
employer with a copy of this Federal Register Notice, which explains 
that your EAD has been automatically extended for a temporary period of 
time, through April 2, 2019.
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, and 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 April 2, 2019. Your employer 
may need to re-inspect 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.
    The last day of the automatic EAD extension for eligible 
beneficiaries under the TPS designations for Sudan and Nicaragua is 
April 2, 2019. Before you start work on April 3, 2019, your employer is 
required by law to re-verify your employment authorization. At that 
time, you must present any document from List A or any document from 
List C on Form I-9 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 April 3, 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 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 I seek a new EAD?
    You do not need to apply for a new EAD in order to benefit from 
this automatic extension. However, if you want to obtain a new EAD 
valid through April 2, 2019, you must file an Application for 
Employment Authorization (Form I-765) and pay the Form I-765 fee (or 
request a fee waiver). 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. You may file the application for a 
new EAD either before or after your current EAD has expired.
    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 October 2, 2018, then you should not file either 
application again. If your pending TPS application is approved, you 
will be granted TPS through April 2, 2019. Similarly, if you have a 
pending TPS-related application for an EAD that is approved, it will 
be valid through the same date.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my citizenship from Sudan, Nicaragua, 
Haiti, or El Salvador?
    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 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

[[Page 54768]]

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 on or before April 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 April 2, 
2019, 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, your employer should:
    a. Determine if the EAD is auto-extended:

------------------------------------------------------------------------
 An employee's EAD has been auto-extended if it contains a category code
           of A-12 or C-19 and an expiration date shown below:
-------------------------------------------------------------------------
11/02/2017
01/05/2018
11/02/2018
01/05/2019
------------------------------------------------------------------------

    If it has been auto-extended, the employer should:
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write April 2, 2019, as the expiration date.
    Before the start of work on April 3, 2019, employers are required 
by law to 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 auto-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 April 2, 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:

------------------------------------------------------------------------
 An employee's EAD has been auto-extended if it contains a category code
           of A-12 or C-19 and an expiration date shown below:
-------------------------------------------------------------------------
11/02/2017
01/05/2018
11/02/2018
01/05/2019
------------------------------------------------------------------------

    If it has been auto-extended:
    b. Draw a line through the expiration date written in Section 2;
    c. Write April 2, 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 this Notice's automatic 
extension of EADs has ended or the employee presents a new document 
to show continued employment authorization, whichever is sooner. By 
April 3, 2019, when the employee's automatically extended EAD has 
expired, employers are required by law to 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 these employees by 
providing the employee's Alien Registration number (A#) or USCIS number 
as the document number on Form I-9 in 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?
    If you have employees who provided a TPS-related EAD with an 
expiration date that has been auto-extended by this Notice, you should 
dismiss the ``Work Authorization Documents Expiring'' case alert. 
Before this employee starts to work on April 3, 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 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,

[[Page 54769]]

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 records available to DHS.
    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 on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.

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, show you are authorized to work based on TPS or other 
status, and/or that may be used by DHS to determine whether you have 
TPS or other immigration status. Examples of such documents are:
    (1) Your current EAD;
    (2) A copy of this Federal Register Notice, providing an automatic 
extension of your currently expired or expiring EAD;
    (3) A copy of your Form I-94, (Arrival/Departure Record), or Form 
I-797, Notice of Action (Approval Notice), that has been auto-extended 
by this Notice and a copy of this Notice;
    (4) Any other relevant DHS-issued document that indicates your 
immigration status or authorization to be in the United States, or that 
may be used by DHS to determine whether you have such status or 
authorization to remain in the United States. Check with the government 
agency regarding which document(s) the agency will accept.
    Some benefit-granting agencies use the 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. 2018-23892 Filed 10-30-18; 8:45 am]
 BILLING CODE 9111-97-P