[Federal Register Volume 86, Number 29 (Tuesday, February 16, 2021)]
[Notices]
[Pages 9531-9535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03149]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services


Reinstatement of Deferred Enforced Departure and Continuation of 
Employment Authorization and Automatic Extension of Existing Employment 
Authorization Documents for Eligible Liberians

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

ACTION: Notice.

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SUMMARY: On January 20, 2021, President Biden issued a memorandum to 
the Secretary of Homeland Security (Secretary) directing the Secretary 
to reinstate Deferred Enforced Departure (DED) for eligible Liberians, 
and to provide for continued work authorization through June 30, 2022. 
Eligible Liberian nationals (and persons without nationality who last 
habitually resided in Liberia) covered under DED as of January 10, 2021 
may remain in the United States through June 30, 2022. This notice 
extends through June 30, 2022 employment authorization for Liberians 
covered under DED and also automatically extends DED-related Employment 
Authorization Documents (EADs) for those who already have an EAD with a 
printed expiration date of March 30, 2020 or January 10, 2021. The 
reinstatement of DED for Liberians is intended to allow additional time 
for eligible Liberians to apply for adjustment of status on or before 
December 20, 2021 under the extension of the Liberian Refugee 
Immigration Fairness (LRIF) provision in section 901 of the 
Consolidated Appropriations Act, 2021. Liberians who apply for 
adjustment of status under LRIF may immediately apply for employment 
authorization consistent with that provision.

DATES: DED and employment authorization for individuals covered under 
DED for Liberians is extended through June 30, 2022. Automatically 
extended DED-related EADs, as specified in this notice, expire after 
June 30, 2022.

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 5900 
Capital Gateway Drive, Camp Springs, MD 20746.
     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 Biden has concluded 
that foreign policy considerations warrant a reinstatement of DED for 
Liberians through June 30, 2022.\1\ Through this notice, as directed by 
the President, DHS is extending DED and employment authorization for 
covered Liberians through June 30, 2022 and automatically extending the 
validity of DED-related EADs bearing a printed expiration date of March 
30, 2020 or January 10, 2021 through June 30, 2022.\2\ The President 
authorized the reinstatement of DED to allow for continued employment 
authorization for individuals covered under DED. Liberians who apply 
for adjustment of status on or before December 20, 2021 under the 
extension of the LRIF provision in section 901 of the Consolidated 
Appropriations Act, 2021 may immediately apply for employment 
authorization consistent with that provision. See Consolidated 
Appropriations Act for Fiscal Year 2021,

[[Page 9532]]

Public Law 116-260 (Dec. 27, 2020) Section 901, available at https://www.congress.gov/bill/116th-congress/house-bill/133/text; National 
Defense Authorization Act for Fiscal Year 2020, Public Law 116-92 (Dec. 
20, 2019) Section 7611, available at https://www.govinfo.gov/content/pkg/PLAW-116publ92/html/PLAW-116publ92.htm. The extension of the LRIF 
provision in section 901 of the Consolidated Appropriations Act, 2021 
did not provide for continued employment authorization for DED-covered 
individuals who have not yet applied for adjustment of status. 
Therefore, the President directed that DED be reinstated for eligible 
Liberians and certain other persons without nationality who were 
covered by DED for Liberians to provide for their continued employment 
authorization through June 20, 2022 while they apply for adjustment of 
status under LRIF. See Presidential Memorandum for the Secretary of 
State and the Secretary of Homeland Security on Reinstating Deferred 
Enforced Departure for Liberians January 20, 2021, available at: 
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/reinstating-deferred-enforced-departure-for-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 individuals 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 Reinstating Deferred Enforced 
Departure for Liberians January 20, 2021, available at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/reinstating-deferred-enforced-departure-for-liberians/ Note: 
Individuals 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.
    \2\ USCIS had previously auto-extended to January 10, 2021 those 
EADs for individuals covered under DED for Liberians with a March 
30, 2020 facial expiration date. See 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, 84 FR 19496 
(April 7, 2020).
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Employment Authorization and Eligibility

How will I know if I am eligible for employment authorization under the 
Presidential Memorandum that reinstated DED for eligible Liberians?

    The procedures for employment authorization in this notice apply 
only to individuals who are Liberian nationals (and persons without 
nationality who last habitually resided in Liberia) who:
     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
     Were covered under DED for Liberians as of January 10, 
2021.
    This DED reinstatement does not include any individual:
     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 seeks 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 for an 
aggregate period of 180 days or more, as specified in subsection (c) of 
the LRIF provision;
     Who was deported, excluded, or removed prior to January 
20, 2021; or
     Who is subject to extradition.

Does this Federal Register notice automatically extend my current EAD 
through June 30, 2022?

    Regardless of your country of birth, if you are a national of 
Liberia (or a person having no nationality who last habitually resided 
in Liberia), you were covered under DED for Liberians as of January 10, 
2021, and you are an individual approved for DED by the President, this 
notice automatically extends your DED-based EAD with a marked 
expiration date of March 30, 2020, or January 10, 2021 bearing the 
notation A-11 on the front of the card under ``Category,'' though June 
30, 2022. This means that your EAD is valid through June 30, 2022, 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 or January 10, 2021 on its face, and states A-11 under 
``Category,'' it has been extended automatically consistent with the 
President's directive and by this Federal Register notice, and you may 
choose to present this EAD to your employer as proof of identity and 
employment eligibility for Form I-9 through June 30, 2022. 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 June 30, 2022. 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 the expiration date listed on my current DED-
related EAD has passed?

    Even though your EAD has been automatically extended, your employer 
is required by law to ask you about your continued employment 
authorization. If your employer did not keep a copy of your EAD when 
you initially presented it, your employer may need to re-inspect your 
automatically extended EAD to check the ``Card Expires'' date and 
``Category'' code. In this situation 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

[[Page 9533]]

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 June 30, 2022.
    The last day of the automatic extension for your EAD is June 30, 
2022. Before you start work on July 1, 2022, 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, 
regardless of whether you have had an EAD previously; 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 June 30, 2022, 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 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 June 30, 2022, for purposes of employment 
authorization?

    After June 30, 2022, employers may no longer accept EADs that are 
automatically extended under this Federal Register notice and employees 
will need to present other evidence of continued work authorization.

What can I do to adjust status based on LRIF?

    Individuals 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, 2021.\3\ For more information on applying for adjustment 
of status under LRIF, see https://www.uscis.gov/green-card/green-card-eligibility/liberian-refugee-immigration-fairness.
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    \3\ Note: Persons without nationality who last resided in 
Liberia are not eligible for adjustment under LRIF.
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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 June 30, 2022, for Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter June 30, 
2022 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 or 
January 10, 2021;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Enter the document number; and
    e. Write June 30, 2022 as the expiration date.
    Before the start of work on July 1, 2022, 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 an unexpired DED-related EAD 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 or January 
10, 2021. 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 June 30, 2022 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 July 
1, 2022, 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

[[Page 9534]]

the Document 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 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 July 1, 2022, 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 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; 
and/or
     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 January 20, 2021, 
Presidential Memorandum reinstating DED for Liberians.
    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 a particular 
document, such as an EAD or an I-94. If an agency accepts the type of 
DED-related document you are presenting, such as an EAD, the agency 
should accept your 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

[[Page 9535]]

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.

Tracy L. Renaud,
Senior Official Performing the Duties of the Director, U.S. Citizenship 
and Immigration Services.
[FR Doc. 2021-03149 Filed 2-12-21; 8:45 am]
BILLING CODE P