[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Notices]
[Pages 79208-79215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27154]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2676-20; DHS Docket No. USCIS-2019-0020]
RIN 1615-ZB83
Continuation of Documentation for Beneficiaries of Temporary
Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan,
Honduras, and Nepal
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''). A panel of the U.S.
Court of Appeals for the Ninth Circuit vacated the injunction in Ramos
on September 14, 2020. However, because the appellate court has not
issued its directive to the district court to make that ruling
effective, the injunction remains in place at this time. See Ramos, et
al., v. Wolf, et al., No. 18-16981 (9th Cir., September 14, 2020).
Beneficiaries under the Temporary Protected Status (TPS) designations
for El Salvador, Nicaragua, Sudan, Honduras, and Nepal will retain
their TPS while the preliminary injunction in Ramos and the Bhattarai
order remain in effect, provided that an alien's TPS is not withdrawn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that an alien's TPS is not withdrawn because of individual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, Nicaragua, Sudan, Honduras, and Nepal.
DATES: DHS is automatically extending the validity of TPS-related
documentation for beneficiaries under the TPS designations for El
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal for nine months
through October 4, 2021, from the current expiration date of January 4,
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, U.S. Department of Homeland Security, by mail at
5900 Capital Gateway Dr, Camp Springs, MD 20529-2140; 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 visit the USCIS Contact Center at
uscis.gov/contactcenter.
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
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
EOIR--Executive Office for Immigration Review
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
[[Page 79209]]
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 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 travel abroad temporarily with the
prior consent of DHS.
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
This notice ensures DHS's continued compliance with various court
orders issued by the federal district courts in the Ramos, Bhattarai,
and Saget lawsuits that require DHS to maintain the TPS designations
for El Salvador, Haiti, Sudan, Nicaragua, Honduras, and Nepal, as well
as the TPS and TPS-related documentation for eligible affected
beneficiaries.\1\ The U.S. Court of Appeals for the Ninth Circuit
vacated the district court's preliminary injunction in Ramos on
September 14, 2020, holding that the decision to designate, extend, or
terminate TPS is not subject to judicial review. However, the appellate
order is not currently effective because the Ninth Circuit has not
issued any directive to carry out the order to the federal district
court.\2\ Therefore, the Ramos preliminary injunction remains in
effect. In addition, the order of the district court in Bhattarai
staying proceedings and approving the parties' stipulated agreement to
continue TPS and TPS-related documentation for eligible beneficiaries
from Nepal and Honduras remains in effect. The Saget district court's
order prohibiting the termination of TPS for Haiti also remains in
effect while the decision is on appeal to the U.S. Court of Appeals for
the Second Circuit. Affected TPS beneficiaries from the six countries
will retain their status, provided they continue to meet all the
individual requirements for TPS eligibility described in INA section
244(c) and 8 CFR 244. As necessary, DHS will publish future information
in the Federal Register to ensure its compliance with any relevant
court orders that may be issued after the date of this notice.
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\1\ See Ramos, et al. v. Nielsen, et. al., No. 18-cv-01554 (N.D.
Cal. Oct. 3, 2018) (district court granted preliminary injunction
against terminations of TPS for El Salvador, Haiti, Sudan, and
Nicaragua) (``Ramos''); Saget, et. al., v. Trump, et. al., No. 18-
cv-1599 (E.D.N.Y. Apr. 11, 2019) (district court granted preliminary
injunction against termination of TPS for Haiti) (``Saget''); and
Bhattarai, et al. v. Nielsen, et al., No. 19-cv-00731 (N.D. Cal.
Mar. 12, 2019) (district court stayed proceedings until Ramos appeal
decided and approved parties' stipulation for continued TPS and
issuance of TPS-related documentation to eligible, affected
beneficiaries of TPS for Honduras and Nepal during the stay and
pendency of the appeal) (``Bhattarai'').
\2\ See Ramos, et al., v. Wolf, et al., No. 18-16981 (9th Cir.,
September 14, 2020).
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DHS has initially published notices to ensure its compliance with
the Ramos preliminary injunction on October 31, 2018 and March 1, 2019,
and the Bhattarai order to stay proceedings on May 10, 2019. See 83 FR
54764; 84 FR 7103; and 84 FR 20647. The Department last published a
notice to ensure its continued compliance with the combined orders in
Ramos, Bhattarai, and Saget on November 4, 2019. That notice
automatically extended certain TPS and TPS-related documentation
through January 4, 2021 for all eligible TPS beneficiaries covered by
the courts' orders. See 84 FR 59403. Through this Federal Register
notice, DHS announces actions to ensure its continued compliance with
the district court orders in these three lawsuits while those orders
remain in effect.
The TPS designations for El Salvador, Nicaragua, and Sudan will
remain in effect, as required by the Ramos district court 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 so long as
the Bhattarai order staying proceedings and approving the parties'
stipulated agreements continues in effect. Affected TPS beneficiaries
under the TPS designations for El Salvador, Nicaragua, Sudan, Haiti,
Honduras, and Nepal will retain their TPS and their TPS-related
documentation will continue to be valid in accordance with the specific
orders that affect the TPS designations regarding their individual
countries, provided that the affected beneficiaries continue to meet
all the individual requirements for TPS. See INA section 244(c)(3). 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
October 4, 2021, the validity of certain TPS-related documentation, as
specified in this notice, for beneficiaries under the TPS designations
for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal provided
that the affected beneficiaries remain individually eligible for TPS.
Automatic Extension of EADs Issued Under the TPS designations for El
Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal
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, Nicaragua, Sudan,
Honduras, and Nepal. Such aliens may show their EAD to employers to
demonstrate they have employment authorization and may wish to also
show employers this Federal Register notice to explain that their TPS-
Related Documentation has been automatically extended through October
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
[[Page 79210]]
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
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If an EAD has a category code of A-
12 or C-19 and an expiration date Then the validity of the EAD is
of: extended through:
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07/22/2017 10/04/2021
11/02/2017 10/04/2021
01/05/2018 10/04/2021
01/22/2018 10/04/2021
03/09/2018 10/04/2021
06/24/2018 10/04/2021
07/05/2018 10/04/2021
11/02/2018 10/04/2021
01/05/2019 10/04/2021
04/02/2019 10/04/2021
06/24/2019 10/04/2021
07/22/2019 10/04/2021
09/09/2019 10/04/2021
01/02/2020 10/04/2021
01/05/2020 10/04/2021
03/24/2020 10/04/2021
01/04/2021 10/04/2021
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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, Nicaragua, Sudan, Honduras, and
Nepal. These extensions apply only if 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 the alien's country,\3\ 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
withdrawn.
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\3\ El Salvador: July 8-Sept. 6, 2016, or Jan. 18-Mar. 19, 2018;
Haiti: Aug. 25-Oct. 26, 2015, May 24-July 24, 2017, or Jan. 18-Mar.
19, 2018; Honduras: May 16-July 16, 2016; Dec. 15, 2017-Feb. 13,
2018 or June 5-Aug. 6, 2018; Nepal: Oct. 26-Dec. 27, 2016 or May 22-
July 23, 2018; Nicaragua: May 16-July 15, 2016 or Dec. 15, 2017-Feb.
13, 2018; Sudan: Jan. 25-March 25, 2016 or Oct. 11, 2017-Dec. 11,
2017.
\4\ Your Forms I-94 and I-797 may show a different beginning
date of validity than those listed here if you were a late initial
filer (LIF) at the time because the forms would have the date of
approval of your LIF application for TPS. As long as they bear an
end date of validity listed in this chart, then they are
automatically extended by this Notice.
Table 2--Affected Forms I-94 and I-797 \4\
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Validity of
Beginning date of forms I-94 and
Country validity: End date of validity: I-797
extended
-----------------------------------------------------------------------------------------------------through:---
El Salvador............................. Sept. 10, 2016............ Mar. 9, 2018.............. 10/04/2021
Mar. 10, 2018............. Sept. 9, 2019............. 10/04/2021
Haiti................................... Jan. 23, 2016............. July 22, 2017............. 10/04/2021
July 23, 2017............. Jan. 22, 2018............. 10/04/2021
Jan. 23, 2018............. July 22, 2019............. 10/04/2021
Honduras................................ July 6, 2016.............. Jan. 5, 2018.............. 10/04/2021
Jan. 6, 2018.............. July 5, 2018.............. 10/04/2021
July 6, 2018.............. Jan. 5, 2020.............. 10/04/2021
Nepal................................... Dec. 25, 2016............. June 24, 2018............. 10/04/2021
June 25, 2018............. June 24, 2019............. 10/04/2021
Nicaragua............................... July 6, 2016.............. Jan. 5, 2018.............. 10/04/2021
Jan. 6, 2018.............. Jan. 5, 2019.............. 10/04/2021
Sudan................................... May 3, 2016............... Nov. 2, 2017.............. 10/04/2021
Nov. 3, 2017.............. Nov. 2, 2018.............. 10/04/2021
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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
October 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 3.
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 Actions
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 anticipates
requiring these beneficiaries to re-register and will announce the re-
registration procedures in a future Federal Register notice. DHS has
the authority to conduct TPS re-registration in accordance with section
244(c)(3)(C) of the INA and 8 CFR 244.17. Through the re-registration
process, which is generally conducted every 12 to 18 months while a
country is designated
[[Page 79211]]
for TPS, USCIS determines whether each TPS beneficiary is continuing to
maintain individual eligibility for TPS, including but not limited to,
the requirements related to disqualifying criminal or security issues.
See id.; INA, section 244(c)(2); 8 CFR 244.2, 244.3, and 244.4
(describing individual TPS eligibility requirements, including
mandatory criminal and security bars).
The Government has appealed both the Ramos and Saget preliminary
injunctions. A 3-judge panel of the U.S. Court of Appeals for the Ninth
Circuit ruled for the Government and vacated the Ramos preliminary
injunction on September 14, 2020. However, the preliminary injunction
remains in effect because the appellate court has not issued its
directive (i.e., the mandate) to the district court to implement the
panel's decision. Should the Government ultimately prevail in its
challenge to the Ramos preliminary injunction, the Secretary's
determination to terminate TPS for Nicaragua, Sudan, Honduras, and
Nepal 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.\5\ 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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\5\ As of December 31, 2019, the number of TPS beneficiaries
covered under the affected designations were: El Salvador 247,412;
Haiti 55,218; Nicaragua 4,409; Sudan 771; Honduras 79,290; Nepal
14,549.
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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 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 in light of an appellate
decision affirming the preliminary injunction in Ramos that suggests a
basis on which to distinguish the determinations to terminate the TPS
designations for Honduras and Nepal from the TPS terminations at issue
in Ramos, 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 \6\ 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.\7\ 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 \8\ 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, Nicaragua, Sudan, Honduras, and Nepal 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.\9\
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\6\ 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).
\7\ See Termination of the Designation of Haiti for Temporary
Protected Status, 83 FR 2648 (Jan. 18, 2018).
\8\ 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).
\9\ An additional provision in the Bhattarai Order to Stay
Proceedings states that if the preliminary injunction in Ramos is
upheld, but the Government moves to vacate the Bhattarai Order based
on reasons for distinguishing the terminations of TPS for Honduras
and Nepal from those under the injunction in Ramos, 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.
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In further compliance with the still-valid district court 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 October 4, 2021, for
eligible beneficiaries under the TPS designations for El Salvador,
Haiti, Nicaragua, Sudan, Honduras, and Nepal. 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
[[Page 79212]]
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.
The Acting Secretary of Homeland Security, Chad F. Wolf, having
reviewed and approved this document, has delegated the authority to
electronically sign this document to Ian Brekke, who is the Deputy
General Counsel for DHS, for purposes of publication in the Federal
Register.
Ian Brekke,
Deputy General Counsel, U.S. Department of Homeland Security.
Approved Forms To Demonstrate Continuation of Lawful Status and TPS-
Related Employment Authorization
This Federal Register notice dated December 9, 2020
[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 October 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.
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
------------------------------------------------------------------------
If your EAD has category code of A-
12 or C-19 and an expiration date Then this Federal Register notice
of: extends your EAD through:
------------------------------------------------------------------------
07/22/2017 10/04/2021
11/02/2017 10/04/2021
01/05/2018 10/04/2021
01/22/2018 10/04/2021
03/09/2018 10/04/2021
06/24/2018 10/04/2021
07/05/2018 10/04/2021
11/02/2018 10/04/2021
01/05/2019 10/04/2021
04/02/2019 10/04/2021
06/24/2019 10/04/2021
07/22/2019 10/04/2021
09/09/2019 10/04/2021
01/02/2020 10/04/2021
01/05/2020 10/04/2021
03/24/2020 10/04/2021
01/04/2021 10/04/2021
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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 October 4, 2021, as follows:
Table 4--Affected EADs and Form I-9
------------------------------------------------------------------------
You may show your EAD
to complete Form I-9 Your employer must
if your EAD has Enter this date in reverify your
category code of A-12 Section 1 of Form I-9: employment
or C-19 and bears an authorization by:
expiration date of:
------------------------------------------------------------------------
07/22/2017 10/04/2021 10/05/2021
11/02/2017 10/04/2021 10/05/2021
01/05/2018 10/04/2021 10/05/2021
01/22/2018 10/04/2021 10/05/2021
03/09/2018 10/04/2021 10/05/2021
06/24/2018 10/04/2021 10/05/2021
07/05/2018 10/04/2021 10/05/2021
11/02/2018 10/04/2021 10/05/2021
01/05/2019 10/04/2021 10/05/2021
04/02/2019 10/04/2021 10/05/2021
[[Page 79213]]
06/24/2019 10/04/2021 10/05/2021
07/22/2019 10/04/2021 10/05/2021
09/09/2019 10/04/2021 10/05/2021
01/02/2020 10/04/2021 10/05/2021
01/05/2020 10/04/2021 10/05/2021
03/24/2020 10/04/2021 10/05/2021
01/04/2021 10/04/2021 10/05/2021
------------------------------------------------------------------------
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
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. In this situation,
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 October 4, 2021 as indicated in the
above chart.
The last day of the automatic extension for your EAD is October 4,
2021. Before you start work on October 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.
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 TPS and apply for a new EAD, 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,
Nicaragua, Sudan, Honduras, or Nepal and want to obtain a new EAD valid
through October 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).
For more information on the application forms and fees for TPS, please
visit the USCIS TPS web page at www.uscis.gov/tps.
If you have a Form I-821 and/or Form I-765 application that is
still pending for beneficiaries under the TPS designations for El
Salvador, Haiti, Honduras, Nepal, Nicaragua, or Sudan, 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 October 4,
2021. Similarly, if you have a pending TPS-related Form I-765 that is
approved, your new EAD will be valid through October 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 until 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.
In addition, 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 October 4,
2021, as the
[[Page 79214]]
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 into Section 2's Document Number field on Form I-9; and
d. Write October 4, 2021, as the expiration date indicated in the
chart.
Before the start of work on October 5, 2021, employers must
reverify the employee's employment authorization in Section 3 of Form
I-9.
What updates 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 update Section 2 of your previously completed Form I-9 as
follows:
a. Write EAD EXT and October 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
October 5, 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 TPS-related
EADs that are automatically extended. If you have employees who
provided a TPS-related EAD when they first started working for you, you
will receive a ``Work Authorization Documents Expiring'' case alert
when the auto-extension period for this EAD is about to expire. Before
this employee starts work on October 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 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
[[Page 79215]]
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, USCIS number or I-
94 number;
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/. 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 (A-Number, USCIS number or
Form I-94 number) or Verification Case 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
SAVE response is correct, find 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 on the SAVE website at www.uscis.gov/save.
[FR Doc. 2020-27154 Filed 12-7-20; 1:30 pm]
BILLING CODE 9111-97-P