[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Notices]
[Pages 77885-77890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21661]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2781-24; DHS Docket No. USCIS-2022-0007]


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

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 June 28, 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 until June 30, 2026, the removal of certain 
Liberians present in the United States and to provide them with 
employment authorization documentation. This notice provides 
information about Deferred Enforced Departure (DED) for Liberians and 
how eligible individuals may apply for DED-based Employment 
Authorization Documents (EADs) with USCIS, as well as for travel 
authorization.

DATES: The extension of DED began on June 28, 2024, and ends on June 
30, 2026, for eligible noncitizens who are nationals of Liberia (or 
persons having no nationality who last habitually resided in Liberia) 
who are covered under DED by the June 28, 2024, Presidential 
Memorandum.

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 Liberia 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 Form I-765, Application for Employment Authorization, or 
Form I-131, Application for Travel Document, 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.
     You can also find more information at local USCIS offices, 
listed on the USCIS website at https://www.uscis.gov/about-us/find-a-uscis-office, after this notice is published.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

CFR--Code of Federal Regulations
DED--Deferred Enforced Departure
DHS--U.S. Department of Homeland Security
DoS--Department of State
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

    Under the President's constitutional authority to conduct the 
foreign relations of the United States, President Biden has determined 
that it is in the

[[Page 77886]]

foreign policy interest of the United States to defer through June 30, 
2026, the removal of certain Liberians who have been continually 
present in the United States since May 20, 2017, and were eligible for 
a grant of DED under the President's 2022 memorandum.\1\ Through this 
Notice, as directed by the President, DHS is establishing procedures 
for Liberian individuals covered by DED to apply for EADs valid through 
June 30, 2026, and is automatically extending the validity of DED-
related EADs bearing a Category Code of (a)(11) and a ``Card Expires'' 
date of March 30, 2020, January 10, 2021, June 30, 2022, and June 30, 
2024, through June 30, 2026. 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 June 28, 2024, memorandum to the 
secretaries of State and Homeland Security: noncitizens of the United 
States who are nationals of Liberia, 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. Liberians must meet all eligibility 
criteria, including required documentation, for DED described in this 
notice. Finally, this notice provides instructions for eligible 
Liberians in the United States on how to request advance travel 
authorization.
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    \1\ See Memorandum on Extending Eligibility for Deferred 
Enforced Departure for Liberians, June 28, 2024, https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/28/memorandum-on-extending-eligibility-for-deferred-enforced-departure-for-liberians/.
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What is 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 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 Liberians to file an application 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 
the Secretary to provide certain benefits that are authorized under the 
immigration laws, such as employment authorization, to 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.
     The eligibility requirements for individuals who are 
covered by DED are based on the terms of the President's memorandum 
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. If an individual covered by DED wants to apply for 
an EAD, they must file Form I-765. Similarly, if an individual covered 
by DED wants to apply for advance travel authorization, they must file 
Form I-131.

Background

    The President has determined that there are compelling foreign 
policy reasons to extend DED for Liberians. 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:
     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,\2\ and a new designation (also termed 
``redesignation'') from September 29, 1998, until September 28, 
1999.\3\
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    \2\ 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), and Termination of 
Designation of Liberia Under Temporary Protected Status Program 
After Final 6-Month Extension, 63 FR 15437 (Mar. 31, 1998).
    \3\ 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,\4\ President Clinton 
authorized DED for certain Liberians in the United States until 
September 29, 2000, citing the fragile political and economic situation 
in the country at the time,\5\ and DED was subsequently extended 
through September 29, 2002.\6\
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    \4\ See Termination of Designation of Liberia Under the 
Temporary Protected Status Program, 64 FR 41463 (Jul. 30, 1999).
    \5\ 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.
    \6\ 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.\7\ Secretary Chertoff announced the termination of TPS for 
Liberia effective October 1, 2007.\8\ In September 2007, President Bush 
announced DED for certain Liberians in the United States for 18 months, 
from October 1, 2007 until March 31, 2009.\9\ Following this DED 
authorization, DED was extended 5 times: (1) from March 31, 2009, for 
18 months; \10\ (2) from March 31, 2010, for 18 months; \11\ (3) from 
September 30, 2011, for 18 months; \12\ (4) from March

[[Page 77887]]

31, 2013, for 18 months; \13\ and (5) from October 1, 2014, for 24 
months.\14\
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    \7\ 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), 
and Extension of the Designation of Liberia for Temporary Protected 
Status, 70 FR 48176 (Aug. 16, 2005).
    \8\ 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).
    \9\ 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.
    \10\ 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.
    \11\ 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.
    \12\ 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.
    \13\ 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.
    \14\ 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.\15\ TPS for Liberia was then 
extended from May 22, 2016, through November 21, 2016.\16\ 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.\17\
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    \15\ See Designation of Liberia for Temporary Protected Status, 
79 FR 69502 (Nov. 21, 2014).
    \16\ See Extension of the Designation of Liberia for Temporary 
Protected Status, 81 FR 15328 (Mar. 22, 2016).
    \17\ 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.\18\ In March 2018, 
President Trump announced the expiration of DED for Liberians effective 
March 31, 2019, following a 12-month wind-down period.\19\ In March 
2019, President Trump announced the extension of DED for Liberians for 
an additional 12-month wind-down period through March 30, 2020.\20\
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    \18\ 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.
    \19\ 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/.
    \20\ 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.\21\
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    \21\ See National Defense Authorization Act for Fiscal Year 
2020, Public Law 116-92, Title LXXVI-Other Matters, Sec. 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.\22\ 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.\23\
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    \22\ 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/.
    \23\ 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, Sec. 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.\24\ In June 2022, President 
Biden extended and expanded DED for Liberians from June 30, 2022, 
through June 30, 2024.\25\ In addition to those 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 had been continuously physically 
present in the United States since May 20, 2017, and were not subject 
to the categories of individuals excluded from DED by the President's 
Memorandum. In June 2024, President Biden again extended DED for 
Liberians from June 30, 2024, through June 30, 2026.\26\
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    \24\ 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/.
    \25\ 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/.
    \26\ See Memorandum on Extending Eligibility for Deferred 
Enforced Departure for Liberians, June 28, 2024, https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/28/memorandum-on-extending-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?

    Consistent with the President's June 28, 2024, DED memorandum,\27\ 
the procedures for employment authorization in this notice apply to 
noncitizens of the United States who are nationals of Liberia (or 
individuals having no nationality who last habitually resided in 
Liberia), who have been continuously physically present in the United 
States since May 20, 2017, and who were eligible for a grant of DED 
under the President's 2022 memorandum, except for those:
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    \27\ See Memorandum on Extending Eligibility for Deferred 
Enforced Departure for Liberians, June 28, 2024, https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/28/memorandum-on-extending-eligibility-for-deferred-enforced-departure-for-liberians/.
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     individuals 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);
     individuals who sought or seek LPR status under the 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 NDAA;
     individuals whose removal the Secretary of Homeland 
Security determines is in the interest of the United States, subject to 
the LRIF provision;
     individuals 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;
     individuals 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

[[Page 77888]]

     individuals 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 a Liberian 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 
Form I-765, you must:
     Indicate that you are eligible for DED by entering 
``(a)(11)'' in response to Question 27 on Form I-765; and
     Submit the fee for Form I-765 (or request a fee 
waiver,\28\ which you may submit on Form I-912, Request for Fee 
Waiver). See Fee Schedule (Form G-1055).
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    \28\ 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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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, we will send you a request for evidence.

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

    If USCIS needs biometrics to produce your EAD after you apply, we 
will send you 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 Services 
Appointment web page at https://www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment. Be sure to bring 
valid photo identification to your appointment.

Where do I find the fees for a DED-based Form I-765?

    You can find the most current filing fees for individuals covered 
by DED by visiting the Form I-765 page at https://www.uscis.gov/i-765. 
No biometrics fees are required when you file.

Where do I submit my completed DED-based 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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Using the U.S. Postal Service  USCIS, Attn: DED Liberia, P.O. Box
 (USPS).                        805283, Chicago, IL 60680-5283.
Using FedEx, UPS, or DHL.....  USCIS, Attn: DED Liberia, (Box 805283),
                                131 S Dearborn Street, 3rd Floor,
                                Chicago, IL 60603-5517.
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    You may file Form I-765 and Form I-131 together or separately. If 
you are filing multiple applications, petitions, or requests, USCIS 
recommends sending separate payments for each application. If you 
submit one payment covering all your applications and we reject one of 
the applications, petitions, or requests, we will need to reject all 
the others as well. Find more information below on filing Form I-131.

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

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

What happens after June 30, 2026, to DED-based EADs?

    This DED authorization is set to end on June 30, 2026. After that 
date, employers can no longer accept EADs with the Category (a)(11) and 
a Card Expires date of June 30, 2026. You will need to present other 
evidence of continued employment authorization, if any, to your 
employer by July 1, 2026.

Travel

    Liberians 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 reenter the United States. If USCIS grants travel 
authorization, we generally give 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 completing Form I-131, carefully review the 
form instructions.
    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 or your country of last habitual residence, even 
with advance travel authorization, you may not be permitted to resume 
DED in the United States because the presidential memorandum providing 
for DED excludes individuals who have voluntarily returned to Liberia 
or their country of last habitual residence for an aggregate period of 
180 days or more.\29\
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    \29\ See Memorandum on Extending Eligibility for Deferred 
Enforced Departure for Liberians, June 28, 2024, https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/28/memorandum-on-extending-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, we will send you a request for 
evidence.

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 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).

[[Page 77889]]

Does this Federal Register notice automatically extend my current EAD 
through June 30, 2026?

    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) and you are covered under DED by the June 28, 2024 
Presidential Memorandum, this notice automatically extends your DED-
based EAD bearing a March 30, 2020, January 10, 2021, June 30, 2022, or 
June 30, 2024, ``Card Expires'' date and an (a)(11) Category Code 
through June 30, 2026. This means that your EAD is valid through June 
30, 2026, even though the expiration date on the face of the document 
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 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 business 
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 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 your EAD states (a)(11) under ``Category'' and has a ``Card 
Expires'' date of March 30, 2020, January 10, 2021, June 30, 2022, or 
June 30, 2024, this notice extends it automatically, and you may choose 
to present your EAD to your employer as proof of identity and 
employment eligibility for Form I-9 through June 30, 2026.

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 or category. If you want to obtain a DED-
based EAD valid through June 30, 2026, you must file Form I-765 and pay 
the associated fee (unless USCIS grants your fee waiver request).

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 
Liberian citizenship?

    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 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 listing 
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, Spanish, 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 and emails 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 on 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'' (mismatch) must 
promptly inform employees of the mismatch and give such employees an 
opportunity 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 
Nonconfirmation (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. Employment-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 https://www.justice.gov/ier and the USCIS and E-Verify websites

[[Page 77890]]

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)

    If 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 or authorized to work based on DED 
or both. Check with the government agency requesting documentation 
about which documents the agency will accept.
    Some government agencies use SAVE, https://www.uscis.gov/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) or a Form I-797, Notice of 
Action, reflecting approval of your Form I-765 for an EAD with a DED 
category 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/for-benefit-applicants, 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. 2024-21661 Filed 9-23-24; 8:45 am]
BILLING CODE 9111-97-P