[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Notices]
[Pages 59403-59410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24047]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2654-19; DHS Docket No. USCIS-2019-0020]
RIN 1615-ZB83


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

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 continued compliance with the 
preliminary injunction orders of the U.S. District Court for the 
Northern District of California in Ramos, et al. v. Nielsen, et al., 
No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (``Ramos'') and the U.S. 
District Court for the Eastern District of New York in Saget, et al., 
v. Trump, et al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) (``Saget''), 
and 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) (``Bhattarai''). Beneficiaries under 
the Temporary Protected Status (TPS) designations for El Salvador, 
Honduras, Nepal, Nicaragua, and Sudan will retain their TPS while the 
preliminary injunction in Ramos remains in effect, provided that an 
alien's TPS is not withdrawn because of individual ineligibility. 
Beneficiaries under the TPS designation for Haiti will retain their TPS 
while either of the preliminary injunctions in Ramos or Saget remain in 
effect, provided that an alien's TPS is not withdrawn because of 
individual ineligibility. This notice further provides information on 
the automatic extension of the validity of TPS-related Employment 
Authorization Documents (EADs); Notices of Action (Forms I-797); and 
Arrival/Departure Records (Forms I-94), (collectively ``TPS-related 
documentation''); for those beneficiaries under the TPS designations 
for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.

DATES: DHS is automatically extending the validity of TPS-related 
documentation for beneficiaries under the TPS designations for El 
Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan, as specified in 
this notice. Such TPS-related documentation will remain in effect 
through January 4, 2021, from the current expiration dates of: January 
2, 2020 (for beneficiaries under the TPS designations for El Salvador, 
Haiti, Nicaragua, and Sudan); January 5, 2020 (for beneficiaries under 
the TPS designation for Honduras); and March 24, 2020 (for 
beneficiaries under the TPS designation for Nepal).

FOR FURTHER INFORMATION CONTACT:  You may contact Maureen Dunn, 
Chief, Humanitarian Affairs 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 www.uscis.gov/tps.
     If you have additional questions about (TPS), 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 
U.S. Citizenship and Immigration Services (USCIS) Contact Center at 
800-375-5283 (TTY 800-767-1833).
     Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at 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.

[[Page 59404]]


SUPPLEMENTARY INFORMATION:

Table of Abbreviations

CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
Government--U.S. Government
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 Immigration and 
Nationality Act (INA) or to eligible persons without nationality who 
last habitually resided in the designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to obtain EADs so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also apply for 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 of Homeland Security (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

    DHS last published notices to ensure its compliance with the Ramos 
preliminary injunction on March 1, 2019, and the Bhattarai order to 
stay proceedings on May 10, 2019. 84 FR 7103; 84 FR 20647. Through this 
Federal Register notice, DHS announces actions to ensure its continued 
compliance with the Ramos and Saget preliminary injunction orders and 
with the order to stay proceedings in Bhattarai.
    The TPS designations for El Salvador, Nicaragua, and Sudan will 
remain in effect, as required by the Ramos order, so long as the 
preliminary injunction remains in effect. The TPS designation for Haiti 
will remain in effect, as required by the preliminary injunction orders 
in both Ramos and Saget, so long as either of those preliminary 
injunctions remain in effect. The TPS designations for Honduras and 
Nepal will remain in effect, as required by the Bhattarai order to stay 
proceedings, pending final disposition of the Government's appeal of 
the preliminary injunction order in Ramos. Beneficiaries under the TPS 
designations for El Salvador, Honduras, Nepal, Nicaragua, and Sudan 
will retain their TPS while the preliminary injunction in Ramos remains 
in effect, and beneficiaries under the TPS designation for Haiti will 
retain their TPS while the preliminary injunctions in either Ramos or 
Saget remain in effect, provided that an alien's TPS status is not 
withdrawn under INA section 244(c)(3) because of individual 
ineligibility. See also 8 CFR 244.14. DHS will not terminate TPS for 
any of the affected countries pending final disposition of the Ramos 
appeal, or for Haiti pending both Ramos and Saget appeals, including 
through any additional appellate channels in which relief may be 
sought, or by other orders of the court.
    DHS is further announcing it is automatically extending, through 
January 4, 2021, the validity of certain TPS-related documentation, as 
specified in this notice, for beneficiaries under the TPS designations 
for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan, provided 
that the affected beneficiaries remain individually eligible for TPS. 
This notice also provides information explaining DHS's plans to issue 
subsequent notices that will describe the steps DHS will take to 
address the status of beneficiaries under the TPS designations for all 
the affected countries, if continued compliance with the Ramos or Saget 
preliminary injunctions or the Bhattarai order to stay proceedings 
becomes necessary.

Automatic Extension of EADs Issued Under the TPS Designations for El 
Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan

    Through this Federal Register notice, DHS automatically extends the 
validity of EADs listed in Table 1 below issued to beneficiaries under 
the TPS designations for El Salvador, Haiti, Honduras, Nepal, 
Nicaragua, and Sudan. Such individuals may show their automatically-
extended EAD to employers to demonstrate they have employment 
authorization, and may wish also to show employers this Federal 
Register Notice to explain that their TPS-Related Documentation has 
been extended through January 4, 2021. This Notice explains how TPS 
beneficiaries, their employers, and benefit-granting agencies 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. 
Additionally, a beneficiary under the TPS designation for any of these 
countries who has applied for a new EAD but who has not yet received 
his or her new EAD is covered by this automatic extension, provided 
that the EAD he or she possesses contains one of the expiration dates 
listed in Table 1 below.

                         Table 1--Affected EADs
------------------------------------------------------------------------
                                                            Then the
 If an EAD has a category code of A-12 or C-19 and an    validity of the
                  expiration date of:                    EAD is extended
                                                            through:
------------------------------------------------------------------------
07/22/2017............................................        01/04/2021
11/02/2017............................................        01/04/2021
01/05/2018............................................        01/04/2021
01/22/2018............................................        01/04/2021
03/09/2018............................................        01/04/2021
06/24/2018............................................        01/04/2021
07/05/2018............................................        01/04/2021
11/02/2018............................................        01/04/2021
01/05/2019............................................        01/04/2021
04/02/2019............................................        01/04/2021
06/24/2019............................................        01/04/2021
07/22/2019............................................        01/04/2021
09/09/2019............................................        01/04/2021
01/02/2020............................................        01/04/2021
01/05/2020............................................        01/04/2021
03/24/2020............................................        01/04/2021
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Automatic Extension of Forms I-94 and Forms I-797

    Also through this Federal Register notice, DHS automatically 
extends the validity periods of the Forms I-94 and Forms I-797 listed 
in Table 2 below previously issued to beneficiaries under the TPS 
designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and 
Sudan. These extensions apply only if

[[Page 59405]]

the TPS beneficiary properly filed for re-registration during either 
the most recent DHS-announced registration period for their country, or 
any applicable previous DHS-announced re-registration periods for his 
or her country,\1\ or has a re-registration application that remains 
pending. This notice does not extend the validity periods of Forms I-94 
or Forms I-797 for any TPS beneficiary who failed to file for TPS re-
registration during one of the applicable previous DHS-announced re-
registration periods, or for whom a re-registration request has been 
finally denied. In addition, the extensions do not apply for any 
beneficiary from whom TPS has been finally withdrawn.
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    \1\ El Salvador: July 8--Sept. 6, 2016 (corresponding to an end 
validity date of Mar. 9, 2018) or Jan. 18-Mar. 19, 2018 
(corresponding to an end validity date of Sept. 9, 2019); Haiti: 
Aug. 25--Oct. 26, 2015 (corresponding to an end validity date of 
July 22, 2017), May 24--July 24, 2017 (corresponding to an end 
validity date of Jan. 22, 2018), or Jan. 18--Mar. 19, 2018 
(corresponding to an end validity date of July 22, 2019); Honduras: 
May 16--July 15, 2016 (corresponding to an end validity date of Jan. 
5, 2018); Dec. 15, 2017--Feb. 13, 2018 (corresponding to an end date 
of July 5, 2018) or June 5--Aug. 6, 2018 (corresponding to an end 
validity date of Jan. 5, 2020); Nepal: Oct. 26--Dec. 27, 2016 
(corresponding to an end validity date of June 24, 2018) or May 22--
July 23, 2018 (corresponding to an end validity date of June 24, 
2019); Nicaragua: May 16--July 15, 2016 (corresponding to an end 
validity date of Jan. 5, 2018) or Dec. 15, 2017--Feb. 13, 2018 
(corresponding to an end validity date of Jan. 5, 2019); Sudan: Jan. 
25--Mar. 25, 2016 (corresponding to an end validity date of Nov. 2, 
2017) or Oct. 11, 2017--Dec. 11, 2017 (corresponding to an end 
validity date of Nov. 2, 2018).

                                     Table 2--Affected Forms I-94 and I-797
----------------------------------------------------------------------------------------------------------------
                                                                                                   Validity of
                                                                                                Forms I-94 and I-
             Country                Beginning date of validity:       End date of validity:       797 extended
                                                                                                    through:
----------------------------------------------------------------------------------------------------------------
El Salvador......................  Sept. 10, 2016...............  Mar. 9, 2018................        01/04/2021
                                   Mar. 10, 2018................  Sept. 9, 2019...............        01/04/2021
Haiti............................  Jan. 23, 2016................  Jul. 22, 2017...............        01/04/2021
                                   Jul. 23, 2017................  Jan. 22, 2018...............        01/04/2021
                                   Jan. 23, 2018................  July 22, 2019...............        01/04/2021
Honduras.........................  July 6, 2016.................  Jan. 5, 2018................        01/04/2021
                                   Jan. 6, 2018.................  July 5, 2018................        01/04/2021
                                   July 6, 2018.................  Jan. 5, 2020................        01/04/2021
Nepal............................  Dec. 25, 2016................  June 24, 2018...............        01/04/2021
                                   June 25, 2018................  June 24, 2019...............        01/04/2021
Nicaragua........................  July 6, 2016.................  Jan. 5, 2018................        01/04/2021
                                   Jan. 6, 2018.................  Jan. 5, 2019................        01/04/2021
Sudan............................  May 3, 2016..................  Nov. 2, 2017................        01/04/2021
                                   Nov. 3, 2017.................  Nov. 2, 2018................        01/04/2021
----------------------------------------------------------------------------------------------------------------

Application Procedures

    Current beneficiaries under the TPS designations for El Salvador, 
Haiti, Honduras, Nepal, Nicaragua, and Sudan do not need to pay a fee 
or file any application, including Application for Employment 
Authorization (Form I-765), to maintain their TPS benefits through 
January 4, 2021, provided that they have properly re-registered for TPS 
during either the most recent DHS-announced registration period for 
their country, or any applicable previous re-registration period 
described in Footnote 1, above.
    TPS beneficiaries who have failed to re-register properly for TPS 
during any of these re-registration periods may still file an 
Application for Temporary Protected Status (Form I-821), 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 Form I-821 
instructions.
    Any currently eligible beneficiary who does not presently have a 
pending EAD application under the TPS designations for El Salvador, 
Haiti, Honduras, Nepal, Nicaragua, or Sudan may file Form I-765 with 
appropriate fee.

Possible Future Action

    In order to comply with statutory requirements for TPS while the 
district courts' orders or any superseding court order concerning the 
beneficiaries under the TPS designations for El Salvador, Haiti, 
Honduras, Nepal, Nicaragua, and Sudan are pending, DHS may require 
these beneficiaries to re-register and announce the re-registration 
procedures in a future Federal Register notice. See section 
244(c)(3)(C) of the INA; 8 CFR 244.17.
    The Government has appealed both the Ramos and Saget preliminary 
injunctions. Should the Government prevail in its challenge to the 
Ramos preliminary injunction, the Secretary's determination to 
terminate TPS for Honduras, Nepal, Nicaragua, and Sudan will take 
effect no earlier than 120 days from the issuance of any appellate 
mandate to the district court. The Secretary's determination to 
terminate TPS for El Salvador will take effect no earlier than 365 days 
from the issuance of any appellate mandate to the Ramos district court. 
DHS provides this additional time for El Salvador TPS beneficiaries in 
part because there are almost 100,000 more such beneficiaries than in 
the combined TPS beneficiary populations of all the other five 
countries covered by this notice.\2\ The additional period of 245 days 
beyond 120 days permits an orderly transition for beneficiaries of TPS 
from El Salvador as they return to their homeland. If the Government 
prevails in its appeals, DHS will also continue to monitor the 
circumstances of the affected beneficiaries under the other five TPS 
country designations covered by this notice. See INA 244(d)(3).
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    \2\ As reported to Congress on May 1, 2019 in the DHS Annual 
Congressional Report on TPS, there were 251,445 TPS beneficiaries 
from El Salvador at the end of 2018. In contrast, there were 56,114 
beneficiaries from Haiti, 80,570 beneficiaries from Honduras, 14,594 
beneficiaries from Nepal, 4,508 beneficiaries from Nicaragua, and 
805 beneficiaries from Sudan. As reported, there are 94,854 more 
beneficiaries of TPS from El Salvador than the combined total of all 
other countries whose terminations are currently enjoined by court 
order.
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    TPS for beneficiaries under Haiti's designation may continue 
pursuant to the Saget preliminary injunction. However, should the 
Government prevail in its challenges to both the Ramos preliminary 
injunction and the

[[Page 59406]]

Saget preliminary injunction, the Secretary's determination to 
terminate TPS for Haiti will take effect no earlier than 120 days from 
the issuance of the later of the two appellate mandates to the District 
Court. To the extent that a Federal Register notice has automatically 
extended TPS-related documentation beyond 120 days from the issuance of 
any appellate mandate to the District Court, 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 Bhattarai order to 
stay proceedings, 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.

Additional Notes

    Nothing in this notice affects DHS's ongoing authority to determine 
on a case-by-case basis whether a TPS beneficiary continues to meet the 
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 the ``Order Enjoining the Implementation and 
Enforcement of Determinations to Terminate the TPS Designations for El 
Salvador, Haiti, Nicaragua, and Sudan'' in Ramos, the ``Order Enjoining 
the Implementation of Enforcement of Determination to Terminate the TPS 
Designation of Haiti'' in Saget, and the ``Order to Stay Proceedings 
and Agreement to Stay the Determinations to Terminate the TPS 
Designations for Honduras and Nepal'' in Bhattarai

    The previously-announced determinations to terminate the existing 
designations of TPS for El Salvador, Nicaragua, and Sudan \3\ will not 
be implemented or enforced unless and until the district court's order 
in Ramos is reversed and that reversal becomes final. The previously-
announced determination to terminate the existing designation of TPS 
for Haiti will not be implemented or enforced unless and until the 
district court's orders in Ramos and Saget are reversed and those 
reversals become final.\4\ As required by the order to stay proceedings 
in Bhattarai, DHS will not implement or enforce the previously-
announced determinations to terminate the existing TPS designations for 
Honduras and Nepal \5\ unless and until the district court's order in 
Ramos enjoining implementation and enforcement of the determinations to 
terminate the TPS designations for El Salvador, Haiti, Nicaragua, and 
Sudan is reversed and that reversal becomes final for some or all of 
the affected countries, or by other order of the court. Any termination 
of TPS-related documentation for beneficiaries under the TPS 
designations for Haiti, Honduras, Nicaragua, Nepal, and Sudan will go 
into effect no earlier than 120 days, and no earlier than 365 days for 
beneficiaries under the TPS designation for El Salvador, following the 
issuance of any mandate to the district court, as described in the 
``Possible Future Action'' section of this Federal Register notice.\6\
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    \3\ See Termination of the Designation of El Salvador for 
Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018); Termination 
of the Designation of Nicaragua for Temporary Protected Status, 82 
FR 59636 (Dec. 15, 2017); Termination of the Designation of Sudan 
for Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017).
    \4\ See Termination of the Designation of Haiti for Temporary 
Protected Status, 83 FR 2648 (Jan. 18, 2018).
    \5\ See Termination of the Designation of Honduras for Temporary 
Protected Status, 83 FR 26074 (June 5, 2018); Termination of the 
Designation of Nepal for Temporary Protected Status, 83 FR 23705 
(May 22, 2018).
    \6\ An additional provision in the Bhattarai Order to Stay 
Proceedings states that if the Government moves to vacate that 
Order, TPS will remain in effect for Honduras and Nepal for at least 
180 days following an order of the District Court vacating its stay 
of proceedings order.
---------------------------------------------------------------------------

    In further compliance with the orders, DHS is publishing this 
notice automatically extending the validity of the TPS-related 
documentation specified in the Supplementary Information section of 
this notice through January 4, 2021, for eligible beneficiaries under 
the TPS designations for El Salvador, Haiti, Honduras, Nepal, 
Nicaragua, and Sudan. DHS will continue to issue notices that will 
automatically extend TPS-related documentation for all affected 
beneficiaries under the TPS designations for El Salvador, Honduras, 
Nicaragua, Nepal, and Sudan, so long as the Ramos preliminary 
injunction and Bhattarai order to stay proceedings remain in place; for 
Haiti so long as either the Ramos or Saget preliminary injunctions 
remain in place; or by other order of the court. However, should 
compliance with the Ramos, Bhattarai, and/or Saget court orders remain 
necessary, DHS may announce periodic re-registration procedures for 
eligible TPS beneficiaries in accordance with the INA and DHS 
regulations. DHS further continues 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 El Salvador, Haiti, 
Honduras, Nicaragua, Nepal, and Sudan, and continue to make appropriate 
individual TPS withdrawal decisions in accordance with existing 
procedures if an alien no longer maintains TPS eligibility. DHS will 
take appropriate steps to continue its compliance with the orders, and 
with all statutory requirements.

    Dated: October 29, 2019.
Kevin K. McAleenan,
Acting Secretary.

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

 This Federal Register notice November 4, 2019

    [cir] Through operation of this notice, certain TPS-related 
documentation, including EADs, of affected beneficiaries under the TPS 
designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and 
Sudan are automatically extended through January 4, 2021.
    [cir] A beneficiary granted TPS under the designation for El 
Salvador, Haiti, Honduras, Nepal, Nicaragua, or Sudan may show his or 
her EAD that has been automatically extended to his or her employer to 
demonstrate identity and continued TPS-related employment eligibility 
to meet Employment Eligibility Verification (Form I-9) requirements. A 
beneficiary granted TPS under a designation for one of these countries 
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 Form I-9.
    [cir] Finally, such a TPS beneficiary may show a copy of this 
Federal Register notice, along with his or her EAD that has been 
automatically extended, or Form I-94, or Form I-797, as evidence of his 
or her lawful status, to law enforcement, Federal, state, and local 
government agencies, and private entities.


[[Page 59407]]


 Employment Authorization Document (EAD)

Am I eligible to receive an automatic extension of my current EAD using 
this Federal Register notice?

    Yes. Provided that you currently have a TPS-related EAD with the 
specified expiration dates below, this notice automatically extends 
your EAD as stated in Table 3 below.

                         Table 3--Affected EADs
------------------------------------------------------------------------
                                                            Then this
                                                             Federal
 If your EAD has category code of A-12 or C-19 and an    Register notice
                  expiration date of:                   extends your EAD
                                                            through:
------------------------------------------------------------------------
07/22/2017............................................        01/04/2021
11/02/2017............................................        01/04/2021
01/05/2018............................................        01/04/2021
01/22/2018............................................        01/04/2021
03/09/2018............................................        01/04/2021
06/24/2018............................................        01/04/2021
07/05/2018............................................        01/04/2021
11/02/2018............................................        01/04/2021
01/05/2019............................................        01/04/2021
04/02/2019............................................        01/04/2021
06/24/2019............................................        01/04/2021
07/22/2019............................................        01/04/2021
09/09/2019............................................        01/04/2021
01/02/2020............................................        01/04/2021
01/05/2020............................................        01/04/2021
03/24/2020............................................        01/04/2021
------------------------------------------------------------------------

When hired, what documentation may I show to my employer as evidence of 
employment authorization and identity when completing 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 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 3 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 your identity and employment authorization) or one document 
from List B (which provides evidence of your identity) together with 
one document from List C (which provides evidence of your employment 
authorization), or you may present an acceptable receipt 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 www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. See the section 
``How do my employer and I complete Form I-9 using my automatically 
extended employment authorization for a new job?'' of this Federal 
Register notice for further information. If you present your EAD with 
one of the expiration dates specified below, 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 January 4, 2021, as follows:

                   Table 4--Affected EADs and Form I-9
------------------------------------------------------------------------
                                                          Your employer
  You may show your EAD to complete    Enter this date    must reverify
  Form I-9 if your EAD has category    in Section 1 of   your employment
  code of A-12 or C-19 and bears an       Form I-9:       authorization
         expiration date of:                                   by:
------------------------------------------------------------------------
07/22/2017..........................        01/04/2021        01/05/2021
11/02/2017..........................        01/04/2021        01/05/2021
01/05/2018..........................        01/04/2021        01/05/2021
01/22/2018..........................        01/04/2021        01/05/2021
03/09/2018..........................        01/04/2021        01/05/2021
06/24/2018..........................        01/04/2021        01/05/2021
07/05/2018..........................        01/04/2021        01/05/2021
11/02/2018..........................        01/04/2021        01/05/2021
01/05/2019..........................        01/04/2021        01/05/2021
04/02/2019..........................        01/04/2021        01/05/2021
06/24/2019..........................        01/04/2021        01/05/2021
07/22/2019..........................        01/04/2021        01/05/2021
09/09/2019..........................        01/04/2021        01/05/2021
01/02/2020..........................        01/04/2021        01/05/2021
01/05/2020..........................        01/04/2021        01/05/2021
03/24/2020..........................        01/04/2021        01/05/2021
------------------------------------------------------------------------

What documentation may I present to my employer for 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 to verify your continued employment 
authorization, and you will need to present your employer with evidence 
that you are still authorized to work. Once presented, your employer 
should correct the EAD expiration date in Section 2 of Form I-9. See 
the section, ``What corrections should my current employer make to Form 
I-9 if my employment authorization has been automatically extended?'' 
of this Federal Register notice 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 4 2021, as indicated in the above chart. Your employer 
may need to re-inspect your automatically extended EAD to check the 
Card Expires 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 extension for your EAD is January 4, 
2021. Before you start work on January 5, 2021, 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.

[[Page 59408]]

    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 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 obtain a new EAD?

    Yes, if you apply and remain eligible for TPS, you can obtain a new 
EAD. However, you do not need to apply for a new EAD in order to 
benefit from this automatic extension. If you are a beneficiary under 
the TPS designations for El Salvador, Haiti, Honduras, Nepal, 
Nicaragua, or Sudan and want to obtain a new EAD valid through January 
4, 2021, then you must file Form I-765 and pay the associated fee. 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 file Form I-765 at a later date and pay the fee, 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) 
consistent with applicable form instructions. For more information on 
the application forms and fees for TPS, please visit the USCIS TPS web 
page at www.uscis.gov/tps. Fees for Form I-821, 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 application that is 
still pending as of January 2, 2020 (for beneficiaries under the TPS 
designations for El Salvador, Haiti, Nicaragua, or Sudan); January 5, 
2020 (for beneficiaries under the TPS designation for Honduras); or 
March 24, 2020 (for beneficiaries under the TPS designation for Nepal); 
then you should not file either application again. If your pending Form 
I-821 is approved, you will be issued Forms I-797 and I-94 through 
January 4, 2021. Similarly, if you have a pending TPS-related Form I-
765 that is approved, your new EAD will be valid through January 4, 
2021.
    Your TPS itself continues as long as the preliminary injunction 
impacting your country's TPS designation remains in effect and in 
accordance with any relevant future Federal Register notices that DHS 
may issue respecting your country's TPS designation, or your TPS is 
finally withdrawn for individual ineligibility under INA, section 
244(c), or the applicable TPS designation is terminated as discussed in 
the ``Possible Future Action'' section of this Federal Register notice.

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

    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 an EAD that has 
been automatically extended, employers should accept such a document 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 Form I-9 using my automatically 
extended employment authorization for a new job?

    See the chart in the question above ``When hired, what 
documentation may I show to my employer as evidence of employment 
authorization and identity when completing Form I-9?'' to determine if 
your EAD has been automatically extended.
    For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter January 4, 
2021, as the expiration date indicated in the chart; and
    b. Enter your 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).
    For Section 2, your employer should also use the chart in the 
question above ``When hired, what documentation may I show to my 
employer as evidence of employment authorization and identity when 
completing Form I-9?'' to determine if your EAD has been automatically 
extended. If it has been automatically extended, the employer should:
    a. Write in the document title;
    b. Enter the issuing authority;
    c. Enter either the employee's A-Number or USCIS number from 
Section 1 in the Document Number field on Form I-9; and
    d. Write January 4, 2021, as the expiration date indicated in the 
chart.
    Before the start of work on January 5, 2021, 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 www.uscis.gov/I-9Central for the most 
current version of Form I-9.

What corrections should my current employer make to 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. See the chart in the question above ``When 
hired, what documentation may I show to my employer as evidence of 
employment authorization and identity when completing Form I-9?'' to 
determine if your EAD has been automatically extended. If your employer 
determines that your EAD has been automatically extended, your employer 
should correct Section 2 of your previously completed Form I-9 as 
follows:
    a. Write EAD EXT and January 4, 2021, as the last day of the 
automatic extension in the Additional Information field; and
    b. Initial and date the correction.
    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 
January 5, 2021, when the employee's automatically extended EAD

[[Page 59409]]

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 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 a new employee by 
providing the employee's A-Number or USCIS number from Form I-9 in the 
Document Number field in E-Verify. Employers should enter January 4, 
2021 for the document expiration date.

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 an employee who provided a TPS-related EAD with an 
expiration date that has been automatically extended by this Federal 
Register notice, you should dismiss the ``Work Authorization Documents 
Expiring'' case alert. Before this employee starts work on January 5, 
2021, as appropriate, 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, Spanish, 
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) 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 Form I-9 and E-Verify. The IER Worker Hotline provides 
language interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Form I-9 instructions. Employers may not require extra 
or additional documentation beyond what is required for Form I-9 
completion. Further, employers participating in E-Verify who receive an 
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must 
promptly inform employees of the TNC and give such employees an 
opportunity to contest the TNC. A TNC case result means that the 
information entered into E-Verify from 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 www.justice.gov/ier and 
on the USCIS and E-Verify websites at www.uscis.gov/i-9-central and 
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:
     Your current EAD;
     Your automatically extended EAD with a copy of this 
Federal Register notice, providing an automatic extension of your 
currently expired or expiring EAD;
     A copy of your Form I-94 or Form I-797 that has been 
automatically extended by this notice and a copy of this notice;
     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 USCIS Systematic Alien 
Verification for Entitlements Program (SAVE) program to confirm the 
current immigration status of applicants for public benefits. While 
SAVE can verify when an alien has TPS, each agency's procedures govern 
whether they will accept a particular document, such as an EAD or an I-
94. If an agency accepts the type of TPS-related document you are 
presenting, such as an EAD or I-94, the agency should accept your 
automatically extended TPS-related document. You should:
    a. Present the agency with a copy of this Federal Register notice 
showing the extension of TPS-related documentation, in addition to your 
most recent TPS-related document with your A-Number or I-94 number;

[[Page 59410]]

    b. Explain that SAVE will be able to verify the continuation of 
your TPS using this information; and
    c. 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 validity of your 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 
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 case 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 case 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 or update your immigration record, 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 www.uscis.gov/save.

[FR Doc. 2019-24047 Filed 11-1-19; 8:45 am]
 BILLING CODE 9111-97-P