[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54515-54520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19207]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2721-22; DHS Docket No. USCIS-2022-0007]


Implementation of Employment Authorization for Individuals 
Covered by Deferred Enforced Departure for Liberians

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

ACTION: Notice of Employment Authorization for Individuals Covered by 
Deferred Enforced Departure (DED).

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SUMMARY: On June 27, 2022, President Joseph Biden issued a memorandum 
to the Secretary of State and the Secretary of Homeland Security 
(Secretary) determining that it was in the foreign policy interest of 
the United States to defer, through June 30, 2024, the removal of 
certain Liberian nationals, and individuals having no nationality who 
last habitually resided in Liberia, who are present in the United 
States and to provide them with employment authorization documentation. 
The memorandum directed the Secretary to make provision for immediate 
allowance of employment authorization for such individuals. This Notice 
provides information about Deferred Enforced Departure (DED) for 
certain eligible Liberian nationals, and individuals having no 
nationality who last habitually resided in Liberia, and provides 
information on how eligible individuals may apply for DED-based 
Employment Authorization Documents (EADs) with USCIS. Through this 
notice, DHS is providing employment authorization, including procedures 
for obtaining related documentation, for covered individuals through 
June 30, 2024, and automatically extending the validity of DED-based 
EADs bearing a Category Code of A-11 and a ``Card Expires'' date of 
March 30, 2020, January 10, 2021, or June 30, 2022, through June 30, 
2024. Finally, this Notice provides instructions for DED-eligible 
Liberians, or individuals without nationality who last habitually 
resided in Liberia, on how to file for travel authorization.

DATES: The extension and expansion of DED and employment authorization 
for noncitizens covered by DED for Liberians is effective June 27, 
2022, through June 30, 2024. Employment authorization and the 
procedures for obtaining EADs in this Notice apply to any of the 
following individuals who are not subject to any of the ineligibilities 
described in President Biden's memorandum to the Secretaries of State 
and Homeland Security: noncitizens who are Liberian nationals, or 
individuals having no nationality who last habitually resided in 
Liberia, regardless of country of birth, who were covered by DED as of 
June 30, 2022; as well as to Liberian nationals, or individuals having 
no nationality who last habitually resided in Liberia, regardless of 
country of birth, who have been continuously physically present in the 
United States since May 20, 2017. Liberian nationals, and individuals

[[Page 54516]]

having no nationality who last habitually resided in Liberia, must meet 
all eligibility criteria for DED described below.

FOR FURTHER INFORMATION CONTACT: 
     You may contact Ren[aacute] Cutlip-Mason, 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, or by 
phone at 800-375-5283.
     For further information on DED, including additional 
information on eligibility, please visit the USCIS DED web page at 
https://www.uscis.gov/humanitarian/deferred-enforced-departure. You can 
find specific information about DED for Liberians by selecting ``DED 
Covered Country: Liberia'' from the menu on the left of the DED web 
page.
     If you have additional questions about DED, please visit 
https://www.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 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 https://www.uscis.gov, or visit the USCIS Contact Center at 
https://www.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
DED--Deferred Enforced Departure
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Non-confirmation
Form I-131--Application for Travel Document
Form I-765--Application for Employment Authorization
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 Non-confirmation
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 it is in the foreign policy interest of the United States to defer 
through June 30, 2024, the removal of any Liberian national, or 
individual without nationality who last habitually resided in Liberia, 
who is present in the United States and who was covered by DED as of 
June 30, 2022, as well as any Liberian national, or individual without 
nationality who last habitually resided in Liberia, who has been 
continuously physically present in the United States since May 20, 
2017.\1\ Through this Notice, as directed by the President, DHS is 
establishing procedures for individuals covered by DED for Liberians to 
apply for EADs valid through June 30, 2024, and is automatically 
extending the validity of DED-based EADs bearing a Category Code of A-
11 and a ``Card Expires'' date of March 30, 2020, January 10, 2021, or 
June 30, 2022, through June 30, 2024.
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    \1\ See Presidential Memorandum for the Secretary of State and 
the Secretary of Homeland Security on Extending and Expanding 
Eligibility for Deferred Enforced Departure for Liberians, June 27, 
2022, https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/ (reprinted at 87 FR 38871 
(June 29, 2022)).
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What is deferred enforced departure (DED)?

     DED is an administrative deferral of removal ordered by 
the President. The authority to extend DED arises from the President's 
constitutional authority to conduct the foreign relations of the United 
States. The President can authorize DED for any reason related to this 
authority. DED has been authorized in situations where foreign 
nationals or other groups of noncitizens may face danger if required to 
return to countries or any part of such foreign countries experiencing 
political instability, conflict, or other unsafe conditions, or when 
there are other foreign policy reasons for allowing a designated group 
of noncitizens to remain in the United States.
     Although DED is not a specific immigration status, 
individuals covered by DED are not subject to removal from the United 
States, usually for a designated period of time. Furthermore, the 
President may direct that certain benefits, such as employment 
authorization or travel authorization, be available to the noncitizens 
covered by the DED directive.
     If the President provides for employment or travel 
authorization, USCIS administers those benefits. USCIS publishes a 
Federal Register notice to inform the covered population on how to 
apply for any benefits provided.
     The President issues directives regarding DED and who is 
covered via presidential memorandum. The qualification requirements for 
individuals who are covered by DED are based on the terms of the 
President's directive regarding DED and any relevant implementing 
requirements established by DHS. Since DED is a directive to defer 
removal of an individual, rather than a specific immigration status 
like Temporary Protected Status (TPS), there is no DED application form 
required for an individual to be covered by DED. Form I-765 
(Application for Employment Authorization) may be filed if a DED-
covered individual wants an EAD.

Background

    The President has determined that there are compelling foreign 
policy reasons to extend and expand DED for Liberians. In his June 27, 
2022 memorandum, he explained that ``[p]roviding protection from 
removal and work authorization to these Liberians, for whom we have 
long authorized TPS or DED in the United States, including while they 
complete the [Liberian Refugee Immigration Fairness] (LRIF) status-
adjustment process, honors the historic close relationship between the 
United States and Liberia and is in the foreign policy interests of the 
United States.''
    The United States established diplomatic relations with Liberia in 
1864, 17 years after it declared independence from the American 
Colonization Society, an organization that resettled free African 
Americans and freed slaves in Liberia.\2\ Since 1991, the United States 
has provided safe haven for Liberians who were forced to flee their 
country as a result of armed conflict and widespread civil strife.
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    \2\ U.S. Department of State, ``U.S. Relations With Liberia'' 
(Aug 2, 2019), https://www.state.gov/u-s-relations-with-liberia/.
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     Due to ongoing civil war, Liberia was first designated for 
TPS for 12 months effective March 27, 1991, with successive extensions 
by Attorneys General under President George H.W. Bush and President 
Clinton to September 28, 1998,\3\ and a new

[[Page 54517]]

designation (also termed ``redesignation'') from September 29, 1998, 
until September 28, 1999.\4\
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    \3\ See Designation of Liberia Under Temporary Protected Status 
Program, 56 FR 12746 (Mar. 27, 1991) and Extension of Designation of 
Liberia Under Temporary Protected Status Program, 57 FR 2932 (Jan. 
24, 1992), 58 FR 7898 (Feb. 10, 1993), 59 FR 9997 (Mar. 2, 1994), 60 
FR 16163 (Mar. 29, 1995), 61 FR 8076 (Mar. 1, 1996), Extension of 
Designation and Redesignation of Liberia Under Temporary Protected 
Status Program, 62 FR 16608 (Apr. 7, 1997), Termination of 
Designation of Liberia Under Temporary Protected Status Program 
After Final 6-Month Extension, 63 FR 15437 (Mar. 31, 1998).
    \4\ See Redesignation of Liberia Under Temporary Protected 
Status Program, 63 FR 51958 (Sept. 29, 1998).
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     Although Attorney General (AG) Reno announced the 
termination of TPS effective September 28, 1999,\5\ President Clinton 
authorized DED of certain Liberians in the United States until 
September 29, 2000, citing the fragile political and economic situation 
in the country at the time,\6\ and DED was subsequently extended 
through September 29, 2002.\7\
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    \5\ See Termination of Designation of Liberia Under the 
Temporary Protected Status Program, 64 FR 41463 (Jul. 30, 1999).
    \6\ See Presidential Memorandum for the Attorney General on 
Measures Regarding Certain Liberians in the United States, Sept. 27, 
1999, https://clintonwhitehouse6.archives.gov/1999/09/1999-09-27-memorandum-on-liberians.html.
    \7\ See Presidential Memorandum for the Attorney General on 
Measures Regarding Certain Liberians in the United States, Sept. 25, 
2001, https://georgewbush-whitehouse.archives.gov/news/releases/2001/09/text/20010925-7.html.
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     In October 2002, due to the outbreak of another civil war, 
AG Ashcroft designated Liberia for TPS from October 1, 2002 to October 
1, 2003 and subsequently, Secretaries of Homeland Security redesignated 
Liberia for TPS and extended the designation through October 1, 
2006.\8\ Secretary Chertoff announced the termination of TPS for 
Liberia effective October 1, 2007.\9\ In September 2007, President Bush 
announced DED of certain Liberians in the United States for 18 months, 
from October 1, 2007 until March 31, 2009.\10\ Following this DED 
authorization, DED was extended 5 times: (1) from March 31, 2009, for 
18 months; \11\ (2) from March 31, 2010, for 18 months; \12\ (3) from 
September 30, 2011, for 18 months; \13\ (4) from March 31, 2013, for 18 
months; \14\ and (5) from October 1, 2014, for 24 months.\15\
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    \8\ See Designation of Liberia Under the Temporary Protected 
Status Program, 67 FR 61664 (Oct. 1, 2002), Extension of the 
Designation of Liberia Under the Temporary Protected Status Program, 
68 FR 46648 (Aug. 6, 2003), Termination and Re-designation of 
Liberia for Temporary Protected Status, 69 FR 52297 (Aug. 25, 2004), 
Extension of the Designation of Liberia for Temporary Protected 
Status, 70 FR 48176 (Aug. 16, 2005).
    \9\ See Termination of the Designation of Liberia for Temporary 
Protected Status; Automatic Extension of Employment Authorization 
Documentation for Liberia TPS Beneficiaries, 71 FR 55000 (Sept. 20, 
2006).
    \10\ See Presidential Memorandum for the Secretary of Homeland 
Security on Measures Regarding Certain Liberians in the United 
States, Sept. 12, 2007, https://georgewbush-whitehouse.archives.gov/news/releases/2007/09/20070912-10.html.
    \11\ See Presidential Memorandum for the Secretary of Homeland 
Security on Deferred Enforced Departure for Liberians, Mar. 23, 
2009, https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-regarding-deferred-enforced-departure-liberians.
    \12\ See Presidential Memorandum for the Secretary of Homeland 
Security on Deferred Enforced Departure for Liberians, Mar. 19, 
2010, https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-deferred-enforced-departure-liberians.
    \13\ See Presidential Memorandum for the Secretary of Homeland 
Security on Deferred Enforced Departure for Liberians, Aug. 16, 
2011, https://obamawhitehouse.archives.gov/the-press-office/2011/08/16/memorandum-president-regarding-deferred-enforced-departure-liberians.
    \14\ See Presidential Memorandum for the Secretary of Homeland 
Security on Deferred Enforced Departure for Liberians, Mar. 15, 
2013, https://obamawhitehouse.archives.gov/the-press-office/2013/03/15/presidential-memorandum-deferred-enforced-departure-liberians.
    \15\ See Presidential Memorandum for the Secretary of Homeland 
Security on Deferred Enforced Departure for Liberians, Sept. 26, 
2014, https://obamawhitehouse.archives.gov/the-press-office/2014/09/26/presidential-memorandum-deferred-enforced-departure-liberians.
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     In November 2014, Secretary Johnson designated Liberia for 
TPS from November 21, 2014, through May 21, 2016, due to an outbreak of 
Ebola virus disease in West Africa.\16\ TPS for Liberia was then 
extended from May 22, 2016, through November 21, 2016.\17\ In September 
2016, Secretary Johnson announced a six-month extension of TPS benefits 
for an orderly transition before termination of Liberia's TPS 
designation effective May 21, 2017.\18\
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    \16\ See Designation of Liberia for Temporary Protected Status, 
79 FR 69502 (Nov. 21, 2014).
    \17\ See Extension of the Designation of Liberia for Temporary 
Protected Status, 81 FR 15328 (Mar. 22, 2016).
    \18\ See Six-Month Extension of Temporary Protected Status 
Benefits for Orderly Transition Before Termination of Liberia's 
Designation for Temporary Protected Status, 81 FR 66059 (Sept. 26, 
2016).
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     In September 2016, President Obama extended DED for 
Liberians from October 1, 2016, for 18 months.\19\ In March 2018, 
President Trump announced the expiration of DED for Liberians effective 
March 31, 2019, following a 12-month wind-down period.\20\ In March 
2019, President Trump announced the extension of DED for Liberians for 
an additional 12-month wind-down period through March 30, 2020.\21\
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    \19\ See Presidential Memorandum for the Secretary of Homeland 
Security on Deferred Enforced Departure for Liberians, Sept. 28, 
2016, https://obamawhitehouse.archives.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians.
    \20\ See Presidential Memorandum for the Secretary of State and 
the Secretary of Homeland Security, Mar. 27, 2018, https://trumpwhitehouse.archives.gov/presidential-actions/presidential-memorandum-secretary-state-secretary-homeland-security/.
    \21\ See Presidential Memorandum on Extension of Deferred 
Enforced Departure for Liberians, Mar. 28, 2019, https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-extension-deferred-enforced-departure-liberians/.
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     On December 20, 2019, President Trump signed the National 
Defense Authorization Act (NDAA) for Fiscal Year 2020 (Pub. L. 116-92) 
which included a provision titled ``Liberian Refugee Immigration 
Fairness'' (LRIF). LRIF provided certain Liberians, including those who 
had been continuously physically present in the United States since 
November 20, 2014, as well as their spouses, children, and unmarried 
sons or daughters, the ability to adjust their status to that of a U.S. 
Lawful Permanent Resident. Under this provision, eligible Liberian 
nationals and eligible family members had until December 20, 2020, to 
apply for adjustment of status.\22\
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    \22\ See National Defense Authorization Act for Fiscal Year 
2020, Public Law 116-92, Title LXXVI--Other Matters, Section 7611 
Liberian Refugee Immigration Fairness, https://www.govinfo.gov/content/pkg/PLAW-116publ92/html/PLAW-116publ92.htm.
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     In March 2020, President Trump issued a memorandum 
extending the wind-down period for DED for Liberians through January 
10, 2021.\23\ In December 2020, the Consolidated Appropriations Act, 
2021 (Pub. L. 116-260) extended the LRIF application deadline for an 
additional year, from December 20, 2020, to December 20, 2021.\24\
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    \23\ See Presidential Memorandum for the Secretary of State and 
the Secretary of Homeland Security on Extending the Wind-Down Period 
for Deferred Enforced Departure for Liberians, Mar. 30, 2020, 
https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-extending-wind-period-deferred-enforced-departure-liberians/.
    \24\ See Consolidated Appropriations Act, 2021, Part 1, Public 
Law 116-260, Dec. 27, 2020, Division O--Extensions and Technical 
Corrections, Title IX--Adjustment of Status for Liberian Nationals 
Extension, Section 901, https://www.congress.gov/116/plaws/publ260/PLAW-116publ260.pdf.
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     In January 2021, President Biden reinstated DED for 
Liberians from January 10, 2021 through June 30, 2022, with limited 
exclusions for certain ineligibilities.\25\ In June 2022, President 
Biden extended and expanded DED for Liberians from June 30, 2022 
through June 30, 2024.\26\ In addition to those

[[Page 54518]]

individuals who were covered by DED on June 30, 2022, President Biden 
expanded DED coverage to certain Liberians, and individuals without 
nationality who last habitually resided in Liberia, who have been 
continuously physically present in the United States since May 20, 
2017, and are not subject to the categories of individuals excluded 
from DED by the President's Memorandum.
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    \25\ See Presidential Memorandum for the Secretary of State and 
the Secretary of Homeland Security on Reinstating Deferred Enforced 
Departure for Liberians, Jan. 20, 2021, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/reinstating-deferred-enforced-departure-for-liberians/.
    \26\ See Presidential Memorandum for the Secretary of State and 
the Secretary of Homeland Security on Extending and Expanding 
Eligibility for Deferred Enforced Departure for Liberians, June 27, 
2022, https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/.

Ur M. Jaddou,
Director, U.S. Citizenship and Immigration Services.

Eligibility and Employment Authorization for DED

How will I know if I am eligible for employment authorization under the 
DED presidential memorandum for liberians?

    The procedures for employment authorization in this Notice apply to 
non-U.S. citizens who are Liberian nationals, or individuals without 
nationality who last habitually resided in Liberia, who are present in 
the United States and who were covered by DED as of June 30, 2022, as 
well as any Liberian nationals, or individuals without nationality who 
last habitually resided in Liberia, who have been continuously 
physically present in the United States since May 20, 2017, except for 
noncitizens:
     Who would be ineligible for TPS for the reasons provided 
in section 244(c)(2)(B) of the Immigration and Nationality Act, 8 
U.S.C. 1254a(c)(2)(B); \27\
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    \27\ This section includes the nonwaivable ineligibility grounds 
for TPS regarding convictions for any felony or two or more 
misdemeanors committed in the United States, and the bars to asylum 
that also apply to TPS in INA, 208(b)(2)(A). See INA, 244(c)(2)(B); 
8 U.S.C. 1254a(c)(2)(B).
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     Who sought or seek Lawful Permanent Residence status under 
the Liberian Refugee Immigration Fairness (LRIF) provision but whose 
applications have been or are denied by the Secretary of Homeland 
Security due to ineligibility for the LRIF provision under sections 
7611(b)(1)(C) and (b)(3) of the National Defense Authorization Act 
(NDAA);
     Whose removal the Secretary of Homeland Security 
determines is in the interest of the United States, subject to the LRIF 
provision;
     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 have voluntarily returned to Liberia or their country 
of last habitual residence outside the United States for an aggregate 
period of 180 days or more, as specified in subsection (c)(2) of the 
LRIF provision; or
     Who are subject to extradition.

What will I need to file if I am covered by DED and would like to 
obtain an EAD?

    If you are covered by DED for Liberians and want a DED-based EAD, 
you must file an Application for Employment Authorization (Form I-765). 
Please carefully follow the Form I-765 instructions when completing the 
application for an EAD. When filing the Form I-765, you must:
     Indicate that you are eligible for DED by entering 
``(a)(11)'' in response to Question 27 on the Form I-765; and
     Submit the fee for the Form I-765 (or request a fee 
waiver).
    The regulations require individuals covered by DED who request an 
EAD to pay the fee prescribed in 8 CFR 103.7 for the Form I-765. See 
also 8 CFR 274a.12(a)(11) (employment authorization for DED-covered 
individuals); and 8 CFR 274a.13(a) (requirement to file EAD application 
if EAD desired). If you are unable to pay the fee, you may request a 
fee waiver by submitting a Request for Fee Waiver (Form I-912).
    If you currently have a DED-based EAD bearing a Category Code of A-
11 and a ``Card Expires'' date of March 30, 2020, January 10, 2021, or 
June 30, 2022, and are covered by DED via the June 27, 2022 
Presidential Memorandum, your EAD is automatically extended through 
June 30, 2024, even though its facial expiration date has passed.
Supporting Documentation
    The filing instructions on Form I-765 list all the documents 
needed. You may also find information on the initial required documents 
on the USCIS website at https://www.uscis.gov/i-765. If USCIS 
determines after reviewing your submission that it needs additional 
information, it will issue you a Request for Evidence (RFE).

How will I know if USCIS will need to obtain biometrics?

    If biometrics are required to produce your EAD, you will be 
notified by USCIS and scheduled for an appointment at a USCIS 
Application Support Center.

Where do I submit my completed DED-based application for employment 
authorization (Form I-765)?

    For a DED-based EAD, mail your completed Form I-765 and supporting 
documentation to the proper address in Table 1.

                       Table 1--Mailing Addresses
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            If you are . . .                      Mail to . . .
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Mailing your form through the U.S.       USCIS, Attn: DED Liberia, P.O.
 Postal Service (USPS).                   Box 805283, Chicago, IL 60680-
                                          5283.
Using FedEx, UPS, or DHL...............  USCIS, Attn: DED Liberia (Box
                                          805283), 131 S. Dearborn 3rd
                                          Floor, Chicago, IL 60603-5517.
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    You may file Form I-765 and Form I-131, Application for Travel 
Document together or separately. More information on filing a Form I-
131 appears below.

Can I file my DED-based form I-765 electronically?

    No. Electronic filing is not available when filing a DED-based Form 
I-765.

What happens after June 30, 2024, to DED-based EADs?

    This DED authorization is set to end on June 30, 2024. After that 
date, employers can no longer accept EADs with a Category Code of A-11 
and a ``Card Expires'' date of March 30, 2020, January 10, 2021, June 
30, 2022, or June 30, 2024. Employees will need to present other 
evidence of continued work authorization.

Travel

    In its discretion, DHS may provide travel authorization as a 
benefit of DED for eligible Liberian nationals, or individuals without 
nationality who last habitually resided in Liberia. You must file for 
travel authorization if you wish

[[Page 54519]]

to travel outside of the United States. If granted, travel 
authorization gives you permission to leave the United States and 
return during a specific period. To request travel authorization, you 
must file Form I-131, Application for Travel Document, available at 
https://www.uscis.gov/i-131. You may file Form I-131 together with your 
Form I-765 or separately. When filing the Form I-131, you must:
     Select Item Number 1.d. in Part 2 on the Form I-131; and
     Submit the fee for the Form I-131, or request a fee 
waiver, which you may submit on Form I-912, Request for Fee Waiver.
    If you leave the United States without first receiving travel 
authorization, you may no longer be eligible for DED and may not be 
permitted to reenter the United States. Please also be advised that if 
you return to Liberia, you may not be permitted to resume DED in the 
United States since the presidential memorandum providing for DED for 
Liberian nationals, and individuals without nationality who last 
habitually resided in Liberia, excludes individuals who have 
voluntarily returned to Liberia for an aggregate period of 180 days or 
more.\28\
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    \28\ See Presidential Memorandum for the Secretary of State and 
the Secretary of Homeland Security on Extending and Expanding 
Eligibility for Deferred Enforced Departure for Liberians, June 27, 
2022, https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/.
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Mailing Information

    Mail your completed Form I-131 to the proper address provided in 
Table 1.

Supporting Documentation

    The filing instructions for Form I-131 list all the documents you 
need to include with your application. You may also find information on 
the acceptable documentation and DED eligibility on the USCIS website 
at https://www.uscis.gov/humanitarian/deferred-enforced-departure. If 
USCIS needs additional evidence, it will issue you a RFE.

General Employment-Related Information for Individuals With DED-Based 
EADs and Their Employers

How can I obtain information on the status of my EAD request?

    To get case status information about your DED-based EAD request, 
you can check Case Status Online at https://www.uscis.gov, or visit the 
USCIS Contact Center at https://www.uscis.gov/contactcenter. If your 
Form I-765 has been pending for more than 90 days, and you still need 
assistance, you may ask a question about your case online at https://egov.uscis.gov/e-request/Intro.do or call the USCIS Contact Center at 
800-375-5283 (TTY 800-767-1833).

Does this Federal Register notice automatically extend my current EAD 
through June 30, 2024?

    Regardless of your country of birth, if you are a national of 
Liberia, or an individual having no nationality who last habitually 
resided in Liberia, you were covered by DED for Liberians as of June 
30, 2022, and you are covered by DED via the June 27, 2022 Presidential 
Memorandum, this notice automatically extends your DED-based EAD 
bearing a March 30, 2020, January 10, 2021, or June 30, 2022 ``Card 
Expires'' date and an A-11 Category Code through June 30, 2024. This 
means that your EAD is valid through June 30, 2024, even though the 
``Card Expires'' date has passed.

When I am 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, Employment Eligibility Verification, as well as the 
Acceptable Documents web page at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the 
identity and employment authorization of all new employees they hire. 
Within three business days of hire, employees must present acceptable 
document(s) to their employers as evidence of identity and employment 
authorization to satisfy Form I-9 requirements and employers must 
complete Section 2 of the Form I-9. For employment that will last less 
than three days, Section 2 of the Form I-9 must be completed no later 
than the first day of work for pay.
    You may present any documentation from List A (which provides 
evidence of both identity and employment authorization) or 
documentation from List B (which provides evidence of your identity) 
together with documentation from List C (which provides evidence of 
employment authorization), or where applicable you may present an 
acceptable receipt. Receipts may not be accepted if employment will 
last less than three days. Additional information on receipts is 
available at https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents/receipts. 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 https://www.uscis.gov/I-9Central. An 
EAD is an acceptable document under List A.

If I have an EAD based on another immigration status, can I obtain a 
new DED-based EAD?

    Yes, if you are covered by DED, you can obtain a new DED-based EAD, 
regardless of whether you have an EAD based on another immigration 
status. If you want to obtain a DED-based EAD valid through June 30, 
2024, you must file Form I-765 and pay the associated fee.

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, 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. 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. 
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.

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, Civil Rights 
Division, Immigrant and Employee Rights Section (IER) Employer Hotline

[[Page 54520]]

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. 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 Non-
confirmation (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 or 
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 Non-
confirmation (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 a FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination 
or to report an employer for discrimination in the E-Verify process 
based on citizenship, immigration status, or national origin, contact 
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Form I-9 and E-Verify 
procedures is available on the IER website at https://www.justice.gov/ier and the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    For Federal purposes, if you present an automatically extended DED-
based EAD referenced in this Federal Register notice, you do not need 
to show any other document, such as a Form I-797C, Notice of Action or 
this Federal Register notice, to prove that you qualify for this 
extension. 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 your DHS-issued documentation showing you are 
covered by DED and/or showing you are authorized to work based on DED. 
Examples of such documents are:
     Your current EAD with a DED Category Code of A-11, even if 
your country of birth noted on the EAD does not reflect the DED 
designated country of Liberia; or
     Your Form I-797C, Notice of Action, reflecting approval of 
your Form I-765.
    Check with the government agency requesting documentation regarding 
which documentation the agency will accept.
    Some state and local government agencies use the Systematic Alien 
Verification for Entitlements (SAVE) program to confirm the current 
immigration status of applicants for public benefits. While SAVE can 
verify that an individual is covered by DED, each state and local 
government agency's procedures govern whether they will accept an 
unexpired EAD or Form I-797C. If an agency accepts the type of DED-
related document you present, such as a DED-based EAD, the agency 
should accept your automatically extended EAD, regardless of the 
country of birth listed on the EAD. It may assist the agency if you:
    a. Give the agency a copy of the relevant Federal Register notice 
showing the EAD extension in addition to presenting your recent EAD 
with your A-Number or USCIS number;
    b. Explain that SAVE will be able to verify the continuation of DED 
using this information; and
    c. Ask the agency to submit a SAVE verification request with your 
information and follow through with additional verification steps, if 
necessary, to obtain a final SAVE response verifying your coverage 
under DED.
    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 https://save.uscis.gov/casecheck. 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 (A-Number or USCIS 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 on or will act on a SAVE verification and you do not 
believe the response is correct, the SAVE website, https://www.uscis.gov/save, has detailed information on how to make corrections 
or update your immigration record, make an appointment, or submit a 
written request to correct records.

[FR Doc. 2022-19207 Filed 9-2-22; 8:45 am]
BILLING CODE 9111-97-P