[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Notices]
[Pages 20647-20653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09635]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2641-19; DHS Docket No. USCIS-2018-0005]
RIN 1615-ZB78


Continuation of Documentation for Beneficiaries of Temporary 
Protected Status Designations for Nepal and Honduras

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 order of the U.S. 
District Court for the Northern District of California to stay 
proceedings in Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 
12, 2019) (``order to stay proceedings''). The claims raised in 
Bhattarai v. Nielsen are similar to, and will be informed by the 
resolution of, the claims being litigated before the Ninth Circuit 
Court of Appeals in Ramos v. Nielsen, No. 18-16981 (9th Cir. filed Oct. 
12, 2018). For that reason, DHS will not implement or enforce the 
decision to terminate Temporary Protected Status (TPS) for Honduras or 
Nepal pending the resolution of the Ramos v. Nielsen appeal, or by 
other order of the court. Beneficiaries under the TPS designations for 
Nepal and Honduras will retain their TPS, provided that an individual's 
TPS status is not withdrawn because of ineligibility.
    DHS is further announcing it is automatically extending through 
March 24, 2020, 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 designation for Nepal, provided that the affected TPS 
beneficiaries remain otherwise individually eligible for TPS. The TPS 
designation for Honduras remains in effect through January 5, 2020. See 
83 FR 26074 (June 5, 2018). This Notice also provides information 
explaining DHS's plans to issue subsequent notices that will describe 
the steps DHS will take to address the TPS status of beneficiaries 
under the TPS designations for Honduras and Nepal, if continued 
compliance with the order to stay proceedings during the pendency of 
the Ramos v. Nielsen appeal become necessary.

DATES: The TPS designations of Nepal and Honduras will remain in 
effect, as required by the order of the U.S. District Court for the 
Northern District of California adopting the parties' stipulation to 
stay proceedings in Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. 
Mar. 12, 2019), pending final disposition of the Government's appeal of 
the preliminary injunction order in Ramos v. Nielsen enjoining 
implementation and enforcement of the determinations to terminate the 
TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, or by 
other order of the court. DHS will not terminate TPS for Honduras or 
Nepal pending final disposition of the Ramos appeal, including through 
any additional appellate channels in which relief may be sought, or by 
other order of the court. Information on the status of the order to 
stay proceedings and the Ramos v. Nielsen appeal is available at http://uscis.gov/tps.
    Further, DHS is automatically extending the validity of TPS-Related 
Documentation for those beneficiaries under the TPS designation for 
Nepal, as specified in this Notice. Those documents will remain in 
effect for nine months through March 24, 2020, provided the 
individual's TPS is not withdrawn under INA section 244(c)(3) or 8 CFR 
244.14 because of ineligibility, and Nepal's TPS designation remains in 
effect.
    In the event the preliminary injunction in Ramos v. Nielsen is 
reversed and that reversal becomes final, DHS will allow for a 
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, by mail 
at 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 Nepal by selecting the ``Nepal'' 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

[[Page 20648]]

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 U.S. Citizenship and 
Immigration Services (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
    [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, DHS announces actions to 
ensure its compliance with the order of the U.S. District Court for the 
Northern District of California to stay proceedings in Bhattarai v. 
Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019). The claims raised 
in Bhattarai v. Nielsen are similar to, and will be informed by the 
resolution, of the claims being litigated before the Ninth Circuit 
Court of Appeals in Ramos v. Nielsen, No. 18-16981 (9th Cir. filed Oct. 
12, 2018). For that reason, DHS will not implement or enforce the 
decision to terminate TPS for Honduras or Nepal pending the resolution 
of the Ramos v. Nielsen appeal, or by other order of the court. 
Beneficiaries under the TPS designations for Nepal and Honduras will 
retain their TPS, provided that an individual's TPS status is not 
withdrawn under INA section 244(c)(3) because of ineligibility. See 
also 8 CFR 244.14.
    DHS is further announcing it is automatically extending through 
March 24, 2020, the validity of TPS-related 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 designation for Nepal, provided 
that the affected TPS beneficiaries remain otherwise individually 
eligible for TPS. See INA section 244(c)(3). The validity dates of TPS-
Related Documentation for beneficiaries under the TPS designation for 
Honduras is discussed below. This Notice also provides information 
explaining DHS's plans to issue subsequent notices that will describe 
the steps DHS will take to address the TPS status of beneficiaries 
under the TPS designations for Honduras and Nepal in order to continue 
its compliance with the order to stay proceedings should such 
compliance be necessary.

Automatic Extension of EADs

    Through this Federal Register Notice, DHS automatically extends 
through March 24, 2020, 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 designation for Nepal:

06/24/2018
06/24/2019

    Additionally, a beneficiary under the TPS designation for Nepal 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 one of these automatically 
extended EADs to employers to demonstrate they have employment 
authorization. Such individuals may also show employers this Federal 
Register Notice, which explains that their EADs have been extended 
through March 24, 2020. 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 March 24, 2020, 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 designation for Nepal:

------------------------------------------------------------------------
                         Beginning date of
      Country                validity:            End date of validity:
------------------------------------------------------------------------
Nepal..............  Dec. 25, 2016............  June 24, 2018.
                     June 25, 2018............  June 24, 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 Nepal (May 22, 
2018-July 23, 2018), the previous re-registration period (Oct. 26, 
2016-Dec. 27, 2016), 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

[[Page 20649]]

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 designation for Nepal 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 March 24, 2020, if they have properly re-registered 
for TPS during the most recent DHS-announced registration period for 
their country, which ran from May 22, 2018 through July 23, 2018, or 
the previous re-registration period from October 26, 2016 through 
December 27, 2016. TPS beneficiaries who have failed to re-register 
properly for TPS during either of these re-registration periods 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 designation for 
Nepal 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 a March 24, 2020 expiration date. Similarly, USCIS 
will issue an EAD with a March 24, 2020 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 District Court's Order 
or any superseding court order concerning the beneficiaries under the 
TPS designations for Nepal and Honduras, 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.
    Following the conclusion of the appeal of the preliminary 
injunction in Ramos v. Nielsen, TPS will remain in effect for Honduras 
and Nepal for a minimum of the later of (a) 120 days from the issuance 
of any appellate mandate to the District Court, or (b) on the 
Secretary's previously-announced effective date for the termination of 
TPS designations for each individual country, as follows:
     Nepal--N/A; \1\
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    \1\ Any 120-day transition period would end later than the 
Secretary's previously-announced effective date for the termination 
of TPS designation for Nepal (June 24, 2019).
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     Honduras--January 5, 2020.
    To the extent that a Federal Register Notice has automatically 
extended TPS-Related Documentation beyond the 120-day 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 period. Should the Government move to 
vacate the stay in proceedings in light of an appellate decision 
affirming the preliminary injunction in Ramos v. Nielsen that suggests 
a basis on which to distinguish the determinations to terminate the TPS 
designations for Honduras and Nepal TPS from the TPS terminations at 
issue in Ramos v. Nielsen, TPS will remain in effect for Honduras and 
Nepal for at least 180 days following an order of the District Court 
vacating the stay in proceedings.

Effect on TPS-Related Documentation for Beneficiaries Under the TPS 
Designation for Honduras

    If otherwise eligible, beneficiaries under the TPS designation for 
Honduras 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 until 
January 5, 2020. DHS will issue a Federal Register Notice approximately 
45 days before January 5, 2020, that will announce an automatic 
extension of TPS-related documentation for beneficiaries under the TPS 
designation for Honduras. The automatic extension announced in this 
Notice therefore does not apply to them.\2\
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    \2\ See Termination of the Designation of Honduras for Temporary 
Protected Status, 83 FR 26074 (June 5, 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 To Stay Proceedings and Agreement 
To Stay the Determinations Terminate the TPS Designations for Nepal and 
Honduras

    As required by the order of the U.S. District Court for the 
Northern District of California to stay proceedings in Bhattarai v. 
Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019), DHS will not 
implement or enforce the previously-announced determinations to 
terminate the existing TPS designations for Nepal and Honduras \3\ 
unless and until the District Court's order in Ramos v. Nielsen 
enjoining implementation and enforcement of the determinations to 
terminate the TPS designations for Sudan, Nicaragua, Haiti, and El 
Salvador is reversed and that reversal becomes final for some or all of 
the affected countries, or by other order of the court.
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    \3\ See Termination of the Designation of Nepal for Temporary 
Protected Status, 83 FR 23705 (May 22, 2018); Termination of the 
Designation of Honduras for Temporary Protected Status, 83 FR 26074 
(June 5, 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 nine months through March 24, 2020, for eligible 
beneficiaries under the TPS designation for Nepal.
    Any termination of TPS-Related Documentation for beneficiaries 
under the TPS designations for Nepal and Honduras will go into effect 
on the later of: (a) 120 days following the issuance of any mandate to 
the District Court, 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 automatically extended TPS-Related Documentation beyond the 
120-day period, DHS reserves the right to issue another Federal 
Register Notice invalidating the documents at the end of the 120-day 
period. Should the Government move to vacate the stay in proceedings in 
light of an appellate decision affirming the preliminary injunction in 
Ramos v. Nielsen that suggests a basis on which to distinguish the 
Honduras and Nepal TPS terminations from the TPS terminations at issue 
in Ramos v. Nielsen, TPS will remain in effect for Honduras and Nepal 
for at least 180 days following an order of the court vacating the stay 
in proceedings.

[[Page 20650]]

    DHS will continue to issue Federal Register Notices that will 
automatically extend by nine months TPS-Related Documentation for all 
affected beneficiaries under the TPS designations for Nepal and 
Honduras, so long as the order to stay proceedings remains in place, or 
by other order of the court, and will continue its commitment to a 
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 8 CFR part 244. DHS will continue to adjudicate any pending TPS re-
registration and pending late initial applications for affected 
beneficiaries under the TPS designations for Nepal and Honduras, 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 order to stay proceedings 
remain in effect, DHS will take appropriate steps to continue its 
compliance with the order, and all statutory requirements.

Kevin K. McAleenan,
Acting Secretary.

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

 This Federal Register Notice May 10, 2019

    [cir] Through operation of this Federal Register Notice, certain 
EADs of affected beneficiaries under the TPS designation for Nepal are 
automatically extended through March 24, 2020.
    [cir] A beneficiary granted TPS under the designation for Nepal may 
show 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. A beneficiary granted TPS under the designation for Nepal 
may also wish to show an employer this Federal Register Notice, which 
explains that his or her EAD has been automatically extended.
    [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 March 24, 2020, using this Federal Register notice?
    Yes. Provided that you currently have a TPS-related EAD for Nepal 
with the specified expiration dates described below, this Federal 
Register Notice automatically extends your EAD through March 24, 2020, 
if you:
     Are a national of Nepal (or an alien having no nationality 
who last habitually resided in Nepal) who has TPS, and your EAD 
contains a category code of A-12 or C-19 and one of the expiration 
dates shown below:

06/24/2018
06/24/2019
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)?
    You can find the Lists of Acceptable Documents on the third page of 
Form I-9 as well as the ``Acceptable Documents'' web page 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 information about Form I-9 on the 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     Enter this date in    Your employer must
 column below, you may show   Section 1 of Form I-      reverify your
 your expired EAD along with           9:                employment
this Federal Register Notice                          authorization by:
    to complete Form I-9:
------------------------------------------------------------------------
June 24, 2018...............  March 24, 2020......  March 25, 2020.
June 24, 2019...............  March 24, 2020......  March 25, 2020.
------------------------------------------------------------------------

    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 March 24, 2020 (if you are a beneficiary under the TPS 
designation for Nepal).
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

[[Page 20651]]

has been automatically extended through March 24, 2020 (if you are a 
beneficiary under the TPS designation for Nepal). 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 your EAD when you initially presented it.
    The last day of the automatic EAD extension for eligible 
beneficiaries under the TPS designation for Nepal is March 24, 2020. 
Before you start work on March 25, 2020, your employer is required by 
law to reverify your employment authorization in Section 3 of Form I-9. 
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. If your original Form I-9 was a 
previous version, your employer must complete Section 3 of the current 
version of Form I-9, and attach it to your previously completed Form I-
9. Your employer can check the I-9 Central web page at http://www.uscis.gov/I-9Central for the most current version of Form I-9.
    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 are a beneficiary under the 
TPS designation for Nepal and want to obtain a new EAD valid through 
March 24, 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. 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).
    If you have a Form I-821 and/or Form I-765 that was still pending 
as of June 24, 2019, then you should not file either application again. 
If your pending TPS application under the TPS designation for Nepal is 
approved, you will be granted TPS through March 24, 2020. 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 Nepal?
    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 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?
    If you are a beneficiary under the TPS designation for Nepal, when 
using an automatically extended EAD to complete Form I-9 for a new job 
on or before March 24, 2020, you and your employer should do the 
following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter March 24, 
2020, 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 automatically extended:

------------------------------------------------------------------------
   An employee's EAD has been automatically extended if it contains a
    category code of A-12 or C-19 and an expiration date shown below:
-------------------------------------------------------------------------
06/24/2018.
06/24/2019.
------------------------------------------------------------------------

    If it has been automatically extended, the employer should:
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write March 24, 2020, as the expiration date.
    Before the start of work on March 25, 2020, employers are required 
by law to reverify the employee's employment authorization in Section 3 
of Form I-9. If your original Form I-9 was a previous version, your 
employer must complete Section 3 of the current version of Form I-9 and 
attach it to your previously completed Form I-9. Your employer can 
check the I-9 Central web page at http://www.uscis.gov/I-9Central for 
the most current version 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 
because you are a beneficiary under the TPS designation for Nepal, 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 March 24, 2020, 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 automatically extended:

[[Page 20652]]



------------------------------------------------------------------------
   An employee's EAD has been automatically extended if it contains a
    category code of A-12 or C-19 and an expiration date shown below:
-------------------------------------------------------------------------
06/24/2018.
06/24/2019.
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    If it has been automatically extended:
    b. Draw a line through the expiration date written in Section 2;
    c. Write March 24, 2020, 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 March 
25, 2020, 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 your original Form I-9 was a previous 
version, your employer must complete Section 3 of the current version 
of Form I-9 and attach it to your previously completed Form I-9. Your 
employer can check the I-9 Central web page at http://www.uscis.gov/I-9Central for the most current version of Form I-9.
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 automatically extended by this Notice, 
you should dismiss the ``Work Authorization Documents Expiring'' case 
alert. Before this employee starts to work on March 25, 2020, 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]. USCIS accepts calls and emails 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]. USCIS accepts calls 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 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) Your automatically extended EAD with 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 automatically 
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

[[Page 20653]]

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. While 
SAVE can verify when an individual has TPS, each agency's procedures 
govern whether they will accept an automatically extended TPS-related 
document. You should present the agency with a copy of this Federal 
Register Notice showing the extension of TPS-related documentation in 
addition to your recent TPS-related document with your alien or I-94 
number. You should explain that SAVE will be able to verify the 
continuation of your TPS using this information. You should ask the 
agency to initiate a SAVE query with your information and follow 
through with additional verification steps, if necessary, to get a 
final SAVE response showing the TPS. You can also ask the agency to 
look for SAVE notices or contact SAVE if they have any questions about 
your immigration status or automatic extension of TPS-related 
documentation. 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. 2019-09635 Filed 5-9-19; 8:45 am]
 BILLING CODE 9111-97-P