[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26167-26170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07866]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2771-24; DHS Docket No. USCIS-2024-0001; RIN 1615-ZC08]


Implementation of Employment Authorization for Individuals 
Covered by Deferred Enforced Departure for Certain Palestinians

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

ACTION: Notice of employment authorization for individuals covered by 
Deferred Enforced Departure (DED).

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SUMMARY: On February 14, 2024, 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 for 18 months, the removal of 
certain Palestinians 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 Palestinians and provides 
information on how eligible individuals may apply for DED-based 
Employment Authorization Documents (EADs) with USCIS, as well as for 
travel authorization.

DATES: DED for eligible Palestinian noncitizens covered by this notice 
began on February 14, 2024, and ends on August 13, 2025.

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 240-721-3000.
     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 certain Palestinians by 
selecting ``Individuals Covered by DED--Palestinian Territories'' 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 I-765, EAD Application for Employment Authorization, or I-
131, Application for Travel Document, 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:

Definitions

    For the purposes of this notice, USCIS intends to cover non-U.S. 
citizens of any nationality, or without nationality, who are 
Palestinian. USCIS will evaluate claims for DED employment 
authorization and advance travel authorization based on authentic 
documents,\1\ regardless of validity period \2\ or expiration, 
indicating the applicant is Palestinian, including, but not limited to:
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    \1\ On June 14, 2007, Hamas, designated as a foreign terrorist 
organization by the Secretary of State in accordance with section 
219 of the INA, 8 U.S.C. 1189, took de facto administrative control 
of Gaza, including issuance of civil documents for the territory. 
USCIS will not accept identity documents issued by Hamas after June 
14, 2007, unless verified by the Palestinian Authority in the West 
Bank.
    \2\ The term validity period is used in reference to the length 
of time a document can be used for purposes of travel or 
identification prior to the expiration date.
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     a Palestinian Authority Passport;
     a Palestinian Authority Identification Card;
     a Birth Certificate or Birth Extract verified or issued by 
a recognized governmental authority identifying the holder as having 
been born in the Palestinian Territories;
     an identification document issued by a third country, the 
United Nations, its specialized agencies and related organizations, or 
the International Committee of the Red Cross, indicating the holder is 
a Palestinian; or

[[Page 26168]]

     a travel document issued by a third country, the United 
Nations, its specialized agencies and related organizations, or the 
International Committee of the Red Cross, identifying the holder as a 
Palestinian.

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-797--Notice of Action
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant 
and Employee Rights Section
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
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 determined 
that it is in the foreign policy interest of the United States to defer 
through August 13, 2025, the removal of certain Palestinians who have 
resided in the United States since February 14, 2024.\3\ Through this 
Notice, as directed by the President, DHS is establishing procedures 
for Palestinian individuals covered by DED to apply for EADs valid 
through August 13, 2025. 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 February 14, 2024 memorandum to the Secretaries of 
State and Homeland Security: Palestinians, regardless of place of birth 
or country or area of last habitual residence, who have resided in the 
United States since February 14, 2024. Palestinians must meet all 
eligibility criteria, including required documentation, for DED 
described in this Notice. Finally, this Notice provides instructions 
for eligible Palestinians in the United States on how to request 
advance travel authorization.
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    \3\ See Deferred Enforced Departure for Certain Palestinians, 89 
FR 12743 (Feb. 14, 2024); Memorandum for the Secretary of State and 
the Secretary of Homeland Security, Deferred Enforced Departure for 
Certain Palestinians, February 14, 2024, https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/14/memorandum-on-the-deferred-enforced-departure-for-certain-palestinians/.
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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. DED has been authorized in situations where certain 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 temporarily.
     Although DED is not a specific immigration status and does 
not require an application to be filed with USCIS, individuals covered 
by DED are not subject to removal from the United States, usually for a 
designated period. Furthermore, the President may direct that the 
Secretary of Homeland Security provide that certain benefits that are 
authorized under the immigration laws, such as employment 
authorization, be made available to the noncitizens covered by the DED 
directive during the designated period.
     USCIS publishes a Federal Register notice to inform the 
covered population on how to apply for any benefits provided. See 
instructions for Form I-765, Application for Employment Authorization.
     The eligibility 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, 
there is no DED application form required for an individual to be 
covered by DED. If an individual covered by DED wants to apply for an 
EAD, they must file Form I-765, Application for Employment 
Authorization. Similarly, should an individual covered by DED want to 
apply for advance travel authorization, they must file Form I-131, 
Application for Travel Document.

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 Certain Palestinians?

    Consistent with the President's February 14, 2024, DED 
memorandum,\4\ the procedures for employment authorization in this 
Notice apply to non-U.S. citizens who are Palestinians who were present 
in the United States on February 14, 2024, except for those:
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    \4\ See 89 FR at 12743.
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     Who have voluntarily returned to the Palestinian 
Territories after February 14, 2024;
     Who have not continuously resided in the United States 
since February 14, 2024;
     Who are inadmissible under 212(a)(3) of the Immigration 
and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or deportable under 
section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
     Who have been convicted of any felony or two or more 
misdemeanors committed in the United States, or who meet any of the 
criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 
1158(b)(2)(A));
     Who are subject to extradition;
     Whose presence in the United States the Secretary of 
Homeland Security has determined is not in the interest of the United 
States or presents a danger to public safety; or
     Whose presence 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.

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

    If you are a Palestinian covered by DED and want a DED-based EAD, 
you must file 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, which you may submit on Form I-912, Request for Fee

[[Page 26169]]

Waiver).\5\ See Fee Schedule (Form G-1055).
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    \5\ On January 31, 2024, DHS published a final rule that adjusts 
certain fees, including Form I-131 and the Form I-765, that went 
into effect on April 1, 2024. See U.S. Citizenship and Immigration 
Services Fee Schedule and Changes to Certain Other Immigration 
Benefit Request Requirements, 89 FR 6194 (Jan. 31, 2024) (effective 
Apr. 1, 2024). Additional information about the rule is available on 
the USCIS website. Frequently Asked Questions on the USCIS Fee Rule, 
USCIS, https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule (last visited Feb. 7, 2024).
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Supporting Documentation

    The filing instructions on Form I-765 list all the documents needed 
to apply. 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 send you a Request for Evidence (RFE).

How will I know if I must submit my biometrics to USCIS?

    If biometrics are required to produce your EAD, you will receive a 
biometrics services appointment notice with the time and location of 
your appointment. You can prepare for your biometrics appointment by 
visiting the Preparing for Your Biometric Appointment web page at 
https://www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment and ensure that you bring valid photo 
identification to your appointment.

Where do I find the fees for DED applicants?

    You can find filing fees by visiting Form G-1055, Fee Schedule at 
https://www.uscis.gov/g-1055 for the most current fees for DED 
applicants for the Form I-765 and Form I-131. No biometrics fees are 
required at the time of filing.

Where do I submit my completed DED-based Form I-765, Application for 
Employment Authorization?

    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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Using the U.S. Postal Service (USPS)......  USCIS, Attn: DED for
                                             Palestinians, P.O. Box
                                             805283, Chicago, IL 60680-
                                             5283.
Using FedEx, UPS, or DHL..................  USCIS, Attn: DED for
                                             Palestinians, (Box 805283),
                                             131 South Dearborn Street,
                                             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. If you are filing multiple 
applications, petitions, or requests, USCIS recommends sending separate 
payments for each application, otherwise if one payment is submitted 
and one of the applications, petitions, or requests is rejected, all 
others will be rejected as well. 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 August 13, 2025, to DED-based EADs?

    This DED authorization is set to end on August 13, 2025. After that 
date, employers can no longer accept EADs with the notation A-11 under 
Category and a Card Expires date of August 13, 2025. Employees will 
need to present other evidence of continued work authorization.

Travel

    Palestinians covered by DED may also apply for and be granted 
travel authorization as a matter of discretion. You must file for 
travel authorization if you wish to travel outside of the United States 
and be eligible to seek re-entry to the United States. If USCIS grants 
travel authorization, it generally gives you permission to leave the 
United States and return during a specific period. To request travel 
authorization, you must file Form I-131, 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.
    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 the Palestinian Territories, even with advance travel 
authorization, you may not be permitted to resume DED in the United 
States since the presidential memorandum providing for DED for 
Palestinians excludes individuals who have voluntarily returned to the 
Palestinian Territories after the date of the memorandum.\6\
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    \6\ See 89 FR at 12743.
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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 an 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).

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 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. Within three 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 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 you may

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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 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, 
even if you already have an EAD or employment authorization based on 
another immigration status. If you want to obtain a DED-based EAD valid 
through August 13, 2025, you must file Form I-765 and pay the 
associated fee (unless USCIS grants your fee waiver request).\7\
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    \7\ For information about filing fee waiver requests including 
through Form I-912, Request for Fee Waiver, see https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver.
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Can my employer require that I provide any other documentation to 
complete Form I-9, such as evidence of my status or proof of my 
Palestinian identity?

    No. When completing Form I-9, employers must accept any unexpired 
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 may 
not request proof of Palestinian identity 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 
at 800-255-8155 (TTY 800-237-2515). IER offers language interpretation 
in numerous languages. Employers may also email IER at [email protected] or 
get more information online at https://www.justice.gov/ier.

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 Non-confirmation'' (mismatch) must 
promptly inform employees of the mismatch and give such employees an 
opportunity to take action to resolve the mismatch. A mismatch 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 a 
mismatch while the case is still pending with E-Verify. A Final Non-
confirmation (FNC) case result occurs if 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)

    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 authorized to work based on 
DED. Check with the government agency requesting documentation about 
which documents the agency will accept.
    Some government agencies use SAVE to confirm the current 
immigration status of applicants for public benefits and licenses. SAVE 
can verify that an individual is covered by DED based on an EAD with 
category A-11 and/or Form I-797, Notice of Action, reflecting approval 
of your Form I-765 for an EAD with a DED category code of A-11. 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://www.uscis.gov/save/save-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 (such as your 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 allow you 
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 SAVE response is correct, the SAVE website, 
https://www.uscis.gov/save, has detailed information on how to correct 
or update your immigration record, make an appointment, or submit a 
written request to correct records.

[FR Doc. 2024-07866 Filed 4-12-24; 11:15 am]
BILLING CODE 9111-97-P