[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19496-19500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07355]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
Continuation of Employment Authorization and Automatic Extension
of Existing Employment Authorization Documents for Eligible Liberians
During the Period of Extended Wind-Down of Deferred Enforced Departure
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security.
ACTION: Notice.
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SUMMARY: On March 30, 2020, President Trump issued a memorandum to the
Acting Secretary of Homeland Security (Secretary) directing him to
extend the Deferred Enforced Departure (DED) wind-down period for
eligible Liberians, and to provide for continued work authorization
through January 10, 2021, after which date the DED wind-down period
will end. Furthermore, Liberians who apply for adjustment of status
under the Liberian Refugee Immigration Fairness (LRIF) provision of the
National Defense Authorization Act for Fiscal Year 2020 on or before
December 20, 2020 may immediately apply for
[[Page 19497]]
employment authorization consistent with that provision. During this
extended DED wind down period and the LRIF application period,
Liberians covered under DED may remain in the United States. Liberians
covered under DED who also qualify to apply for permanent resident
status under LRIF may experience a gap in employment authorization
after the March 30, 2020 expiration of their current DED-based
employment authorization documents (EADs). Therefore, the President
directed that aliens who remain covered under DED be authorized
employment for the duration of the extended DED wind-down period. This
notice extends through January 10, 2021 employment authorization for
Liberians (and persons without nationality who last habitually resided
in Liberia) covered under DED who would like to apply for an EAD and
also automatically extends DED-related EADs for those who already have
an EAD with a printed expiration date of March 30, 2020.
DATES: The DED wind-down period and employment authorization for aliens
covered under DED for Liberians is extended through January 10, 2021.
Automatically extended DED-related EADs, as specified in this notice,
expire after January 10, 2021.
FOR FURTHER INFORMATION CONTACT:
You may contact Maureen Dunn, Chief, Humanitarian Affairs
Division, Office of Policy and Strategy, U.S. Citizenship and
Immigration Services, Department of Homeland Security, by mail at 20
Massachusetts Avenue NW, Washington, DC 20529-2060.
For further information on DED, including additional
information on eligibility, please visit the USCIS DED web page at
www.uscis.gov/humanitarian/temporary-protected-status/deferred-enforced-departure. You can find specific information about DED for
Liberians by selecting ``DED Granted Country: Liberia'' from the menu
on the left of the DED web page. For further information on Liberian
Refugee Immigration Fairness (LRIF), including additional information
on eligibility, please visit the USCIS LRIF web page www.uscis.gov/green-card/other-ways-get-green-card/liberian-refugee-immigration-fairness.
If you have additional questions about DED or LRIF, 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 the 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.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
CFR--Code of Federal Regulations
DED--Deferred Enforced Departure
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-485--Application to Register Permanent Residence or Adjust
Status
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action (Approval Notice)
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section
LRIF--Liberian Refugee Immigration Fairness
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Purpose of This Action
Pursuant to the President's constitutional authority to conduct the
foreign relations of the United States, President Trump has concluded
that foreign policy considerations warrant a further extension of the
wind-down period of DED for Liberians through January 10, 2021.\1\
Through this notice, as directed by the President, DHS is extending the
DED wind-down period and employment authorization for covered Liberians
and automatically extending the validity of current DED-related EADs
through January 10, 2021. The President authorized the extension of the
DED wind-down period to allow for continued employment authorization
for aliens covered under DED. Liberians who apply for adjustment of
status under the LRIF provision of the National Defense Authorization
Act for Fiscal Year 2020 on or before December 20, 2020 may immediately
apply for employment authorization consistent with that provision. See
National Defense Authorization Act for Fiscal Year 2020, Public Law
116-92 (Dec. 20, 2019), Section 7611, available at www.congress.gov/116/bills/s1790/BILLS-116s1790enr.pdf. But because LRIF did not
specifically automatically extend existing DED-related employment
authorization, Liberians covered under DED who apply for permanent
resident status under LRIF may experience a gap in employment
authorization upon the March 30, 2020 expiration of their current DED-
based EADs. Therefore, the President directed that aliens who remain
covered under DED be authorized employment for the duration of the
current DED wind-down period, through January 10, 2021. See
Presidential Memorandum on Extending the Wind-Down Period for Deferred
Enforced Departure for Liberians, March 30, 2020, available at
www.whitehouse.gov/presidential-actions/memorandum-extending-wind-period-deferred-enforced-departure-liberians/. This notice also
explains how Liberians covered under DED and their employers may
determine which EADs are automatically extended and how this impacts
the Employment Eligibility Verification (Form I-9), E-Verify, and USCIS
Systematic Alien Verification for Entitlements Program (SAVE)
processes. Note that DED only applies to aliens who have continuously
resided in the United States since October 1, 2002, and who held
Temporary Protected Status (TPS) on September 30, 2007, under the TPS
designation for Liberia, which terminated on that date. Id.; see also
71 FR 55000 (Sept. 20, 2006) (termination of TPS Liberia notice).
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\1\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extending Deferred Enforced
Departure for Liberians March 30, 2020, available at
www.whitehouse.gov/presidential-actions/memorandum-extending-wind-period-deferred-enforced-departure-liberians/. Note: Aliens covered
by the presidential DED memorandum include certain Liberians as well
as persons without nationality who last habitually resided in
Liberia who held Temporary Protected Status on September 30, 2007
and who meet all other criteria in the memorandum for DED.
Hereinafter, ``DED for Liberians'' also includes such persons
without nationality.
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Employment Authorization and Eligibility
How will I know if I am eligible for employment authorization under the
Presidential Memorandum that extended the DED wind-down period for
eligible Liberians?
The procedures for employment authorization in this notice apply
only to aliens who are Liberian nationals (and persons without
nationality who last habitually resided in Liberia) who:
[[Page 19498]]
Have continuously resided in the United States since
October 1, 2002;
Held TPS on September 30, 2007, the termination date of a
former TPS designation for Liberia; and
Currently remain covered under DED for Liberians.
This DED extension does not include any alien:
Who would be ineligible for TPS for the reasons set forth
in section 244(c)(2)(B) of the Immigration and Nationality Act, 8
U.S.C. 1254a(c)(2)(B);
Who sought or seek LPR status under the LRIF provision but
whose applications have been or are denied by the Secretary;
Whose removal the Secretary determines is in the interest
of the United States, subject to the LRIF provision and other
applicable law;
Whose presence or activities in the United States the
Secretary of State has reasonable grounds to believe would have
potentially serious adverse foreign policy consequences for the United
States;
Who has voluntarily returned to Liberia or his or her
country of last habitual residence outside the United States beyond the
timeframe specified in subsection (c) of the LRIF provision;
Who was deported, excluded, or removed prior to March 30,
2020; or
Who is subject to extradition.
Does this Federal Register notice automatically extend my current EAD
through January 10, 2021?
If you are a national of Liberia (or a person having no nationality
who last habitually resided in Liberia), you are currently covered
under DED for Liberians, and you are within the class of aliens
approved for DED by the President, this notice automatically extends
your DED-based EAD with a marked expiration date of March 30, 2020,
bearing the notation A-11 on the face of the card under Category,
though January 10, 2021. This means that your EAD is valid through
January 10, 2021, even though its marked expiration date has passed.
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization 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 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 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 EAD for a new job?'' of this Federal Register notice for
further information. If your EAD has an expiration date of March 30,
2020, and states A-11 under Category, it has been extended
automatically consistent with the President's directive and the
issuance of this Federal Registernotice, and you may choose to present
this EAD to your employer as proof of identity and employment
eligibility for Form I-9 through January 10, 2021. To minimize
confusion over this extension at the time of hire, you may also show
your employer a copy of this Federal Register notice confirming the
extension of your employment authorization through January 10, 2021.
See the section ``How do my employer and I complete Form I-9 using my
automatically extended EAD for a new job?'' for further information. As
an alternative to presenting your automatically extended EAD, you may
choose to present any other acceptable document from List A, a
combination of one selection from List B and one selection from List C,
or an acceptable receipt.
What documentation may I present to my employer for Form I-9 if I am
already employed but my current DED-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, your employer
should update 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 10, 2021. 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 10,
2021. Before you start work on January 11, 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 your 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 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 remain eligible for DED, you can obtain a new EAD;
however, you do not need to apply for a new EAD to benefit from this
automatic extension. If you are currently covered under DED and want to
obtain a new DED-based EAD valid through January 10, 2021, then you
must file Form I-765, Application for Employment Authorization, and pay
the associated fee. If you are currently covered under DED and are
eligible for permanent resident status under LRIF, you may file Form I-
765 concurrently with or after you file Form I-485, Application to
Register Permanent Residence or Adjust Status. You may be eligible for
a fee waiver, if you meet the eligibility criteria. See Form I-912,
Request for Fee Waiver.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my Liberian citizenship?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the
[[Page 19499]]
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 do not need to 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 Liberian citizenship 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 document as a valid List A document, as
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.
What happens after January 10, 2021, for purposes of employment
authorization?
After January 10, 2021, employers may no longer accept EADs issued
under the previous DED extension of Liberia that this Federal Register
notice automatically extended.
What can I do to adjust status based on LRIF and continue working in
the United States after January 10, 2021?
Aliens who are eligible for permanent resident status under LRIF
and who wish to prevent a gap in employment authorization should submit
their completed Form I-485 and associated Form I-765 as early as
possible. Liberian nationals applying to adjust status under LRIF must
properly file Form I-485, and USCIS must receive Form I-485, by
December 20, 2020.
How do my employer and I complete Form I-9 using an automatically
extended EAD for a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job on or before January 10, 2021, for Section 1, you should:
a. Check ``An alien authorized to work until'' and enter January
10, 2021 as the expiration date; 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:
a. Determine if the EAD is auto-extended by ensuring it is in
Category A-11 and has a Card Expires date of March 30, 2020;
b. Write in the document title;
c. Enter the issuing authority;
d. Enter either the employee's A-Number or USCIS number from the
EAD in the Document Number field on Form I-9; and
e. Write January 10, 2021 as the expiration date.
Before the start of work on January 11, 2021, employers must
reverify the employee's employment authorization in Section 3 of Form
I-9.
What corrections should my current employer make to Form I-9 if my EAD
has been automatically extended?
If you presented a DED-related EAD that was valid when you first
started your job and your EAD has now been automatically extended, your
employer may need to reinspect your current EAD if your employer does
not have a copy of the EAD on file. Your employer should determine if
your EAD is automatically extended by ensuring that it contains
Category A-11 and has a Card Expires date of March 30, 2020. If your
employer determines that your EAD has been automatically extended, your
employer should update Section 2 of your previously completed Form I-9
as follows:
a. Write EAD Ext. and January 10, 2021 as the expiration date 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 11, 2021, 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 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.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiration'' alert for an automatically
extended EAD?
E-Verify has automated the verification process for DED-related
EADs that are automatically extended. If you have employees who
provided a DED-related EAD when they first started working for you, you
will receive a ``Work Authorization Documents Expiring'' case alert
when the auto-extension period for this EAD is about the expire. Before
this employee starts work on January 11, 2021, 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) 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
[[Page 19500]]
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 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
confirm 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
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)
For Federal purposes, individuals covered under DED for Liberians
presenting an EAD referenced in this Federal Register notice do not
need to show any other document, such as an I-797, Notice of Action, to
prove that they qualify for this extension. However, 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 covered under DED and/or show you are
authorized to work based on DED. 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 EAD;
A copy of the notice of approval of your past Application
for Temporary Protected Status Form I-797, Notice of Action, if you
received one from USCIS, coupled with a copy of the March 30, 2020,
Presidential Memorandum extending DED for Liberians; and/or
A print-out from the USCIS DED website that provides
information on the automatic extension. Such a print-out could be
coupled with your EAD or with the Presidential Memorandum and your
USCIS notice of approval showing that you had TPS as of September 30,
2007.
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 DED, each
agency's procedures govern whether they will accept an automatically
extended DED-related EAD. You should:
a. Present the agency with a copy of this Federal Register notice
showing the extension of DED and of your DED-related EAD with your
alien number;
b. Explain that SAVE will be able to verify the continuation of
your DED 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 confirming your DED.
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 your DED-related EAD. 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 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 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.
Joseph Edlow,
Deputy Director for Policy, U.S. Citizenship and Immigration Services.
[FR Doc. 2020-07355 Filed 4-3-20; 4:15 pm]
BILLING CODE 9111-97-P