[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 5953-5961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00626]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2787-25; DHS Docket No. USCIS-2008-0034]
RIN 1615-ZB71
Extension of the Designation of El Salvador for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) extension.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security is extending the
designation of El Salvador for Temporary Protected Status (TPS) for 18
months, beginning on March 10, 2025, and ending on September 9, 2026.
This extension allows eligible TPS beneficiaries to retain TPS though
September 9, 2026, so long as they otherwise continue to meet
eligibility requirements for TPS.
DATES: Extension of Designation of El Salvador for TPS begins on March
10, 2025, and will remain in effect for 18 months. For registration
instructions, see the Registration Information section 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 240-721-3000.
For more information on TPS, including guidance on the
registration process and additional information on eligibility, please
visit the USCIS TPS web page at https://www.uscis.gov/tps. You can find
specific information about El Salvador's TPS designation by selecting
``El Salvador'' from the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit
https://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 cannot 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 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
BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DoS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-131--Application for Travel Documents, Parole Documents, and
Arrival/Departure Records
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
PDF--Portable Document Format
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Registration Information
Extension of Designation of El Salvador for TPS: The 18-month
extension of El Salvador's TPS designation begins on March 10, 2025,
and will remain in effect for 18 months, ending on September 9, 2026.
The extension allows existing TPS beneficiaries to retain TPS through
September 9, 2026, if they otherwise continue to meet the eligibility
requirements for TPS. Existing TPS beneficiaries who wish to extend
their status through September 9, 2026, must re-register during the 60-
day re-registration period described in this notice.
Re-registration: The 60-day re-registration period for existing
beneficiaries runs from January 17, 2025, through March 18, 2025.
(Note: It is important for re-registrants to timely re-register during
the re-registration period and not to wait until their Employment
Authorization Documents (EADs) expire, as delaying re-registration
could result in gaps in their employment authorization documentation.)
Purpose of This Action (TPS)
Through this notice, DHS sets forth procedures necessary for
nationals of El Salvador (or individuals having no nationality who last
habitually resided in El Salvador) to re-register for TPS and apply to
renew their EAD with USCIS.
Re-registration is limited to individuals who have previously
registered for TPS under the prior designation of El Salvador and whose
applications have been granted. If you do not re-register properly
within the 60-day re-registration period, USCIS may withdraw your TPS
following appropriate procedures. See 8 CFR 244.14.
For individuals who have already been granted TPS under El
Salvador's designation, the 60-day re-registration period runs from
January 17, 2025, through March 18, 2025. USCIS will issue new EADs
with a September 9,
[[Page 5954]]
2026 expiration date to eligible beneficiaries granted TPS under El
Salvador's designation who timely re-register and apply for EADs. Given
the time frames involved with processing TPS re-registration
applications, DHS recognizes that not all re-registrants may receive a
new EAD before their current EAD expires. Accordingly, through this
Federal Register notice, DHS automatically extends through March 9,
2026, the validity of certain EADs previously issued under the TPS
designation of El Salvador. As proof of continued employment
authorization through March 9, 2026, TPS beneficiaries can show their
EAD with the notation A12 or C19 under Category and a ``Card Expires''
date of March 9, 2025, June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan.
4, 2021, Jan. 2, 2020, Sept. 9, 2019, or March 9, 2018. This notice
explains how TPS beneficiaries and their employers may determine if an
EAD is automatically extended and how this affects the Form I-9,
Employment Eligibility Verification, E-Verify, and USCIS Systematic
Alien Verification for Entitlements (SAVE) processes.
Individuals who have an Application for Temporary Protected Status
(Form I-821) for El Salvador or TPS-related Application for Employment
Authorization (Form I-765) that was still pending as of January 17,
2025, do not need to file either application again. If USCIS approves
an individual's pending Form I-821, USCIS will grant the individual TPS
through September 9, 2026. Similarly, if USCIS approves a pending TPS-
related Form I-765, USCIS will issue the individual a new EAD that will
be valid through the same date.
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state, regardless of their country of birth.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to obtain EADs if they continue to meet the requirements of
TPS.
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of DHS discretion.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary terminates a foreign state's TPS
designation, beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, if it is still valid beyond the
date TPS terminates.
When was El Salvador designated for TPS?
El Salvador was initially designated for TPS on the basis of
environmental disaster, following two separate massive earthquakes in
2001 \1\ that resulted in a substantial disruption of living
conditions, at the request of the country's government, and because El
Salvador temporarily was unable to handle adequately the return of its
nationals. See Designation of El Salvador Under Temporary Protected
Status Program, 66 FR 14214 (Mar. 9, 2001). After its initial
designation, El Salvador's TPS designation was extended 11 consecutive
times \2\ (for periods of 12 or 18 months at a time) under the same
statutory basis of environmental disaster. Following the statutorily
required review of the country conditions in 2018, former Secretary
Kirstjen Nielsen announced the termination of the TPS designation for
El Salvador effective September 9, 2019.\3\ As the result of federal
litigation challenging the termination, this termination did not take
effect.4 5 On June 13, 2023, Secretary Alejandro Mayorkas
announced the reconsideration and rescission of the termination of TPS
designation for El Salvador and extended the TPS designation on the
basis of environmental disaster through March 9, 2025.\6\
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\1\ El Salvador--Earthquakes Final Fact Sheet, Fiscal Year (FY)
2001, US Agency for International Development Situation Report,
Sept. 7, 2001, available at https://reliefweb.int/report/el-salvador/el-salvador-earthquakes-final-fact-sheet-fiscal-year-fy-2001 (last visited Nov. 26, 2024). (The first earthquake on January
13, 2001, registered 7.6 in magnitude on the standard seismic scale;
the earthquake on February 13, 2001, one month later, measured 6.6
in magnitude.)
\2\ Extension of the Designation of El Salvador Under the
Temporary Protected Status Program; Automatic Extension of
Employment Authorization Documentation for Salvadorans, 67 FR 46000
(July 11, 2002); Extension of the Designation of El Salvador Under
Temporary Protected Status Program; Automatic Extension of
Employment Authorization Documentation for El Salvador, 68 FR 42071
(July 16, 2003); Extension of the Designation of Temporary Protected
Status for El Salvador; Automatic Extension of Employment
Authorization Documentation for El Salvador TPS Beneficiaries, 70 FR
1450 (Jan. 7, 2005); Extension of the Designation of Temporary
Protected Status for El Salvador; Automatic Extension of Employment
Authorization Documentation for El Salvadorian TPS Beneficiaries, 71
FR 34637 (June 15, 2006); Extension of the Designation of El
Salvador for Temporary Protected Status; Automatic Extension of
Employment Authorization Documentation for Salvadoran TPS
Beneficiaries, 72 FR 46649 (Aug. 21, 2007); Extension of the
Designation of El Salvador for Temporary Protected Status, 73 FR
57128 (Oct. 1, 2008); Extension of the Designation of El Salvador
for Temporary Protected Status and Automatic Extension of Employment
Authorization Documentation for Salvadoran TPS Beneficiaries, 75 FR
39556 (July 9, 2010); Extension of the Designation of El Salvador
for Temporary Protected Status and Automatic Extension of Employment
Authorization Documentation for Salvadoran TPS Beneficiaries, 77 FR
1710 (Jan. 11, 2012); Extension of the Designation of El Salvador
for Temporary Protected Status, 78 FR 32418, (May 30, 2013);
Extension of the Designation of El Salvador for Temporary Protected
Status, 80 FR 893 (Jan. 7, 2015); Extension of the Designation of El
Salvador for Temporary Protected Status, 81 FR 44645 (July 8, 2016).
\3\ Termination of the Designation of El Salvador for Temporary
Protected Status, 83 FR 2654 (Jan. 18, 2018).
\4\ Ramos v. Nielsen, 336 F. Supp. 3d 1075 (N.D. Cal. 2018),
appeal dismissed, No. 18-16981 (9th Cir. June 29, 2023).
\5\ Continuation of Documentation for Beneficiaries of Temporary
Protected Status Designations for El Salvador, Haiti, Nicaragua,
Sudan, Honduras, and Nepal, 87 FR 68717 (Nov. 16, 2022).
\6\ Reconsideration and Rescission of Termination of the
Designation of El Salvador for Temporary Protected Status; Extension
of the Temporary Protected Status Designation for El Salvador, 88 FR
40282 (June 21, 2023).
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What authority does the Secretary have to extend the designation of El
Salvador for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\7\ The
decision to designate any foreign state (or part thereof) is a
discretionary decision, and there is no judicial review of any
determination with respect to the
[[Page 5955]]
designation, termination, or extension of a designation. See INA sec.
244(b)(5)(A), 8 U.S.C. 1254a(b)(5)(A). The Secretary, in their
discretion, may then grant TPS to eligible nationals of that foreign
state (or individuals having no nationality who last habitually resided
in the designated foreign state). See INA sec. 244(a)(1)(A), 8 U.S.C.
1254a(a)(1)(A).
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\7\ Although INA section 244(b)(1) ascribes this power to the
Attorney General, Congress transferred this authority from the
Attorney General to the Secretary of Homeland Security in the
Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135.
The Secretary may designate a country (or part of a country) for TPS
on the basis of ongoing armed conflict such that returning would
pose a serious threat to the personal safety of the country's
nationals and habitual residents, an environmental disaster
(including an epidemic), or extraordinary and temporary conditions
in the country that prevent the safe return of the country's
nationals. INA sec. 244(b)(1); 8 U.S.C. 1254a(b)(1). For
environmental disaster-based designations, certain other statutory
requirements must be met, including that the foreign government must
officially request a TPS designation. INA sec. 244(b)(1)(B); 8
U.S.C. 1254a(b)(1)(B). A designation based on extraordinary and
temporary conditions cannot be made if the Secretary finds that
allowing the country's nationals to remain temporarily in the United
States is contrary to the national interest of the United States.
INA sec. 244(b)(1)(C); 8 U.S.C. 1254a(b)(1)(C).
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At least 60 days before the expiration of a foreign state's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether they continue to
meet the conditions for the TPS designation. See INA sec. 244(b)(3)(A),
8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign
state continues to meet the conditions for TPS designation, the
designation will be extended for an additional period of 6 months or,
in the Secretary's discretion, 12 or 18 months. See INA sec.
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary Extending the TPS Designation for El Salvador
Through September 9, 2026?
DHS has reviewed country conditions in El Salvador. Based on the
review, including input received from the Department of State (DoS) and
other U.S. Government agencies, the Secretary has determined that an
18-month TPS extension is warranted because the conditions supporting
El Salvador's 2001 designation for TPS on the basis of environmental
disaster remain.
Overview
Geological and weather events, including significant storms and
heavy rainfall in 2023 and 2024, have continued to affect El Salvador,
including some of the areas most heavily impacted by the 2001
earthquakes. In addition, a significant percentage of El Salvador's
population continues to lack access to adequate clean water and lives
in conditions similar to those described in previous TPS designations
for El Salvador.
While progress has been made in repairing physical damage caused by
the 2001 earthquakes, subsequent environmental disasters,
infrastructure challenges, continued climate risks, a weak
macroeconomic environment, and food insecurity underscore that the
country conditions underlying the original designation continue to
significantly disrupt living conditions in El Salvador.
Environmental Considerations
El Salvador continues to experience significant climate and
geological events, including in regions that were severely impacted in
the 2001 earthquakes. Parts of El Salvador are located in Central
America's ``Dry Corridor,'' an area that experiences dangerously long
periods of drought alternating with periods of significant rainfall
that negatively impact the livelihoods and food security of its
inhabitants.\8\ The Atlantic hurricane season, spanning from
approximately May or June to November, frequently impacts El Salvador
and results in significant flooding as well as the destruction of crops
and infrastructure.'' \9\ In addition to climate events, El Salvador is
prone to significant geological events, such as earthquakes and
volcanic eruptions.\10\ The United Nations International Organization
for Migration reports that the ``recurrent shocks are becoming more
intense; in the last seven years, storms and hurricanes have increased
both in number and destructive force.'' \11\ In January 2023,
Salvadoran authorities reported a series of 219 earthquakes, which
caused at least 20 landslides in El Salvador in the span of 24
hours.\12\
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\8\ Helping farmers beat the climate crisis in Central America's
Dry Corridor, United Nations Environment Program (UNEP), June 16,
2023, available at: https://www.unep.org/news-and-stories/story/helping-farmers-beat-climate-crisis-central-americas-dry-corridor
(last visited Nov. 26, 2024).
\9\ Country Analysis: El Salvador, ACAPS, Feb. 2024, available
at: https://www.acaps.org/en/countries/el-salvador# (last visited
Nov. 26, 2024).
\10\ El Salvador Crisis Response Plan 2023-2025, International
Organization for Migration (IOM), Jan. 22, 2024, available at:
https://reliefweb.int/report/el-salvador/el-salvador-crisis-response-plan-2023-2025 (last visited Nov. 26, 2024).
\11\ Id.
\12\ Slew of earthquakes in El Salvador affects over 100 homes,
Reuters, Jan. 16, 2023, available at: https://www.reuters.com/world/americas/slew-earthquakes-el-salvador-affects-over-100-homes-2023-01-16/ (last visited Nov. 26, 2024).
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In June 2024, increased humidity off the Pacific coast of El
Salvador led to exceptionally heavy and persistent rainfall, resulting
in multiple landslides and flooding.\13\ The landslides affected homes
and roads,\14\ causing 1,542 families (more than 4,000 people) to be
evacuated.\15\ Among the areas most impacted by heavy rains were
regions that were significantly impacted by the 2001 earthquakes,
including both the San Miguel and San Vicente departments.\16\ While
those areas were some of the most heavily affected, there was
disastrous flooding throughout the entire country.\17\ The rains
resulted in volatile conditions causing infrastructure damage and
ultimately led to nationwide ``red alerts,'' warnings issued in
response to dangerous weather conditions, and a declaration of a
national state of emergency.\18\
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\13\ El Salvador: Floods--DREF operational Update (MDRSV016),
International Federation of Red Cross and Red Crescent Societies
(IFRC), Aug. 15, 2024, available at: https://reliefweb.int/report/el-salvador/el-salvador-floods-dref-operational-update-mdrsv016
(last visited Nov. 26, 2024).
\14\ Id.
\15\ Emergency Response Plan Severe Weather And Floods--El
Salvador June 2024, ChildFund Alliance & Educo, pg. 2, July 2, 2024,
available at: https://reliefweb.int/report/el-salvador/emergency-response-plan-severe-weather-and-floods-el-salvador-june-2024 (last
visited Nov. 26, 2024).
\16\ The departments of San Miguel and San Vicente were among
the most affected by the earthquakes of January and February 2001.
See: El Salvador--Earthquakes Final Fact Sheet, supra note 1; El
Salvador: Floods--DREF operational Update (MDRSV016), supra note 13.
\17\ Supra note 15.
\18\ Id.
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Water and Food
El Salvador experiences extreme weather events that impact its
ability to meet certain basic needs, like access to water and food, for
impacted Salvadorans.\19\ El Salvador currently lacks sufficient clean
water to meet the needs of its population.\20\ Over 1.6 million
Salvadorans are estimated to have no access to clean water at home.\21\
Industrial and agricultural runoff are responsible for causing
exceptionally high water pollution levels, and water is often left
untreated due to poor state infrastructure, which leads to diseases
such as dysentery and limits poor Salvadorans' ability to work and go
to school.\22\ People who live in the 144 municipalities in El Salvador
located in the Dry Corridor at times have to buy water, which can be
difficult for the large percentage of the population that lives in
poverty.\23\ In addition to lack of
[[Page 5956]]
access to clean water, El Salvador is experiencing deep-rooted food
insecurity and malnutrition, with approximately one-fifth of El
Salvador's population experiencing moderate to severe food
insecurity.\24\ El Salvador faces a multitude of challenges in
combating hunger, including the socioeconomic impact of COVID-19,
ongoing natural hazards and climate variability and the increase in
global food, fuel and fertilizer prices.\25\
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\19\ Witnessing climate change: The voices of El Salvador,
United Nations Development Program (UNDP), June 8, 2023, available
at: https://climatepromise.undp.org/news-and-stories/witnessing-climate-change-voices-el-salvador (last visited Sep. 20, 2024).
\20\ Mackey, Danielle, The true cost of El Salvador's new gold
rush, The Guardian, Apr. 4, 2024, available at: https://www.theguardian.com/environment/2024/apr/04/el-salvador-gold-rush-environmental-activists-metal-mining-ban-nayib-bukele (last visited
Nov. 26, 2024).
\21\ El Salvador's Water Crisis, The Borgen Project, Nov. 30,
2023, available at: https://borgenproject.org/el-salvadors-water-crisis/ (last visited Nov. 26, 2024).
\22\ Id.
\23\ Rural Women's Constant Struggle for Water in Central
America, Inter Press Service, May 2, 2023, available at: https://reliefweb.int/report/el-salvador/rural-womens-constant-struggle-water-central-america (last visited Nov. 26, 2024).
\24\ El Salvador Annual Country Report 2023, World Food
Programme (WFP), p. 3, Mar. 2024, available at: https://www.wfp.org/publications/annual-country-reports-el-salvador (last visited Nov.
26, 2024).
\25\ Id.
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In summary, though progress has been made in recovery from the 2001
earthquakes, El Salvador continues to be encumbered by natural
disasters, environmental challenges, lack of access to clean water, and
high food insecurity, all of which continue to render El Salvador
unable to handle the return of its nationals.
Based on this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
The conditions supporting El Salvador's designation for
TPS continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
There has been an earthquake, flood, drought, epidemic, or
other environmental disaster in El Salvador resulting in a substantial,
but temporary, disruption of living conditions in the area affected
that continues to prevent Salvadoran nationals (or individuals having
no nationality who last habitually resided in El Salvador) from
returning to El Salvador in safety; El Salvador is unable, temporarily,
to handle adequately the return of its nationals; and El Salvador has
officially requested designation of TPS. See INA sec. 244(b)(1)(B), 8
U.S.C. 1254a(b)(1)(B);
The designation of El Salvador for TPS should be extended
for an 18-month period, beginning on March 10, 2025, and ending on
September 9, 2026. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
There are approximately 232,000 current El Salvador TPS
beneficiaries who are eligible to re-register for TPS under the
extension.
Notice of the Designation of El Salvador for TPS
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting El Salvador's designation for TPS based on environmental
disaster continue to be met. See INA sec. 244(b)(1)(B), (b)(3)(A); 8
U.S.C. 1254a(b)(1)(B), (b)(3)(A). On the basis of this determination, I
am extending the existing designation of El Salvador for TPS for 18
months, beginning on March 10, 2025, and ending on September 9, 2026.
See INA sec. 244(b)(1)-(2); 8 U.S.C. 1254a(b)(1)-(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees to Re-Register for TPS
To re-register for TPS based on the designation of El Salvador, you
must submit Form I-821. When filing an application to re-register for
TPS, you do not need to pay the application fee; however, you are
required to pay the biometric services fee. If you cannot pay the
biometric services fee, you may ask USCIS to waive the fee. Please see
additional information under the ``Biometric Services Fee'' section of
this notice.
TPS beneficiaries are eligible for an EAD, which proves their
authorization to work in the United States. You are not required to
submit Form I-765 or have an EAD to be granted TPS, but see below for
more information if you want an EAD to use as proof that you can work
in the United States.
Individuals who have an El Salvador TPS application (Form I-821)
that was still pending as of January 17, 2025, do not need to file the
application again. If USCIS approves an individual's Form I-821, USCIS
will grant the individual TPS through September 9, 2026.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at https://www.uscis.gov/tps. Fees
for the Form I-821, the Form I-765, and biometric services are also
described in 8 CFR 106.2 and the fee waiver-related regulations in 8
CFR 106.3. In addition, USCIS Form G-1055, Fee Schedule, provides the
current fees required for the Form I-765, as well as for the Form I-821
for existing TPS beneficiaries who are re-registering.
How can TPS beneficiaries obtain an EAD?
Everyone must provide their employer with documentation showing
that they have the legal right to work in the United States. TPS
beneficiaries are eligible to obtain an EAD, which proves their legal
right to work. If you want to obtain an EAD, you must file Form I-765
and pay the Form I-765 fee (or request a fee waiver, which you may
submit on Form I-912). TPS applicants may file this form with their TPS
application, or separately later, if their TPS application is still
pending or has been approved.
Beneficiaries with an El Salvador TPS-related Form I-765 that was
still pending as of January 17, 2025, do not need to file the
application again. If USCIS approves a pending TPS-related Form I-765,
USCIS will issue the individual a new EAD that will be valid through
September 9, 2026.
Can my TPS-related EAD be automatically extended?
Yes. There are two ways for your TPS-related EAD to be
automatically extended. First, if you already have an EAD with a ``Card
Expires'' date of March 9, 2025, June 30, 2024, Dec. 31, 2022, Oct. 4,
2021, Jan. 4, 2021, Jan. 2, 2020, Sept. 9, 2019, or March 9, 2018, this
Federal Register notice automatically extends it through March 9, 2026
without any further action on your part. You do not need to present
this FRN or any other additional documentation other than your EAD to
use this automatic extension.
Second, you may also be eligible for an automatic extension of up
to 540 days from the ``Card Expires'' date on the EAD if you file your
Form I-765 EAD renewal application during the re-registration period of
January 17, 2025, through March 18, 2025 (``Up to 540-Day Automatic EAD
Extension'').\26\ See the section ``How can I receive an automatic
extension of my current TPS EAD for up to 540 days from the ``Card
Expires'' date on the EAD by filing an EAD renewal application (``Up to
540-Day Automatic EAD Extension'')?'' of this Federal Register notice
for more information. Your EAD may be eligible for both types of
extensions, but in no case will your EAD automatic extension be valid
past September 9, 2026. If you take advantage of both types of EAD
extensions, the automatic extension periods run concurrently.
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\26\ Under 8 CFR 274a.13(d), EADs with category A12 and C19 are
eligible for an automatic extension of up to 540 days from the date
on the face of the EAD if the bearer's Form I-765 application is
properly filed under either the A12 or C19 category and during the
re-registration period described in the applicable Federal Register
notice.
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Filing Information
USCIS offers the option to applicants for TPS under El Salvador's
designation
[[Page 5957]]
to file Form I-821 and related requests for EADs online or by mail.
However, if you file Form I-912, Request for Fee Waiver or a written
fee waiver request for your Form I-821 or any applications filed
together with your Form I-821, you must submit your applications by
mail. When filing a TPS application, you can also request an EAD by
submitting a completed Form I-765 with your Form I-821. You may also
upload a completed Form I-765 with a fee or fee waiver request, in
Portable Document Format (PDF) through your USCIS online account. More
information about filing your Form I-765 and fee waiver request through
a PDF upload is available at https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option.
Online filing: Form I-821 and Form I-765 are available for
concurrent filing online.\27\ To file these forms online, you must
first create a USCIS online account.\28\
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\27\ Find information about online filing at ``Forms Available
to File Online,'' https://www.uscis.gov/file-online/forms-available-to-file-online.
\28\ https://myaccount.uscis.gov/users/sign_up.
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PDF upload: Form I-765, if applicable, and Form I-912, if
applicable, are available for PDF upload. To upload these documents,
you must first create a USCIS online account.\29\
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\29\ https://www.uscis.gov/newsroom/stakeholder-messages/uscis-launches-online-pdf-filing-option. Sign up to create a new USCIS
online account at https://myaccount.uscis.gov/users/sign_up.
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Mail filing: Mail your completed Form I-821; Form I-765, if
applicable; Form I-912, if applicable; and supporting documentation to
the proper address in Table 1--Mailing Addresses.
Table 1--Mailing Addresses
----------------------------------------------------------------------------------------------------------------
If . . . Mail to . . .
----------------------------------------------------------------------------------------------------------------
You live in Texas and are using U.S. Postal Service (USPS) USCIS, Attn: TPS El Salvador, P.O.
Box 660864, Dallas, TX 75266-0864.
You live in Texas and are using are using FedEX, UPS, or DHL USCIS, Attn: TPS El Salvador (Box
660864), 2501 S State Highway, 121
Business, Suite 400, Lewisville, TX
75067-8003.
You live in American Samoa, Arizona, California, Connecticut, Delaware, USCIS, Attn: TPS El Salvador, P.O.
District of Columbia, Georgia, Guam, Illinois, Indiana, Kentucky, Maine, Box 8635, Chicago, IL 60680-8635.
Massachusetts, Michigan, Nevada, New Hampshire, New Jersey, North
Carolina, Northern Mariana Islands, Ohio, Oregon, Pennsylvania, Puerto
Rico, Rhode Island, South Carolina, Vermont, Virgin Islands, Virginia,
Washington, or West Virginia and you are using the U.S. Postal Service
(USPS)
You live in American Samoa, Arizona, California, Connecticut, Delaware, USCIS, Attn: TPS El Salvador (Box
District of Columbia, Georgia, Guam, Illinois, Indiana, Kentucky, Maine, 8635), 131 S Dearborn St.--3rd
Massachusetts, Michigan, Nevada, New Hampshire, New Jersey, North Floor, Chicago, IL 60603-5517.
Carolina, Northern Mariana Islands, Ohio, Oregon, Pennsylvania, Puerto
Rico, Rhode Island, South Carolina, Vermont, Virgin Islands, Virginia,
Washington, or West Virginia and you are using FedEx, UPS, or DHL
You live in Alabama, Alaska, Arkansas, Colorado, Florida, Hawaii, Idaho, USCIS, Attn: TPS El Salvador, P.O.
Iowa, Kansas, Louisiana, Maryland, Minnesota, Mississippi, Missouri, Box 4091, Carol Stream, IL 60197-
Montana, Nebraska, New Mexico, New York, North Dakota, Oklahoma, South 4091.
Dakota, Tennessee, Utah, Wisconsin, Wyoming and you are using the U.S.
Postal Service (USPS)
You live in Alabama, Alaska, Arkansas, Colorado, Florida, Hawaii, Idaho, USCIS, Attn: TPS El Salvador (Box
Iowa, Kansas, Louisiana, Maryland, Minnesota, Mississippi, Missouri, 4091), 2500 Westfield Drive, Elgin,
Montana, Nebraska, New Mexico, New York, North Dakota, Oklahoma, South IL 60124-7836.
Dakota, Tennessee, Utah, Wisconsin, Wyoming and you are using FedEx, UPS,
or DHL
----------------------------------------------------------------------------------------------------------------
If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you want to request an EAD, you may
submit Form I-765 one of three ways: online, mail your Form I-765 to
the appropriate address in Table 1, or upload a completed PDF through
your USCIS online account. If you file online, you must include the
fee. If you file by mail, you must include the fee or fee waiver
request. If you file by PDF upload, you must include the fee or a fee
waiver request. When you request an EAD based on an IJ or BIA grant of
TPS, include with your application a copy of the order from the IJ or
BIA granting you TPS. This will help us verify your grant of TPS and
process your application.
Supporting Documents
The filing instructions for Form I-821 list all the documents you
need to establish eligibility for TPS. You may also find information on
the acceptable documentation and other requirements for applying (also
called registering) for TPS on the USCIS website at https://www.uscis.gov/tps under ``El Salvador.''
Travel
TPS beneficiaries and TPS applicants with pending Form I-821
applications may also apply for travel authorization, which USCIS may
grant as a matter of discretion. You must file for travel authorization
if you wish to travel outside of the United States. If USCIS grants
travel authorization, it gives you permission to leave the United
States and to return to a U.S. port of entry to request re-entry 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-821 or separately.
When filing Form I-131, a TPS beneficiary must:
Select Item Number 4 in Part 1 on the Form I-131; and
Submit the fee for Form I-131, or request a fee waiver,
which you may submit on Form I-912.
When filing Form I-131, a TPS applicant with a pending initial Form
I-821 must:
Select Item Number 5C in Part 1 on the Form I-131; and
Submit the fee for Form I-131, or request a fee waiver,
which you may submit on Form I-912.
If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1. If you are filing Form I-131
separately based on a pending or approved Form I-821, send your form to
the address listed in Table 2 and include a copy of Form I-797, Notice
of Action, or Form I-797C, Notice of Action, indicating either
[[Page 5958]]
approval or receipt of Form I-821. Form I-131 may not be filed by PDF
upload.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
------------------------------------------------------------------------
Filing Form I-131 together with Form I-821 The address provided in
Table 1.
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, P.O.
approved Form I-821, and you are using Box 660167, Dallas, TX
the U.S. Postal Service (USPS): You must 75266-0867.
include a copy of the Notice of Action
(Form I-797C or I-797) showing USCIS
received or approved your Form I-821
Filing Form I-131 based on a pending or USCIS, Attn: I-131 TPS, 2501
approved Form I-821, and you are using S State Hwy. 121 Business,
FedEx, UPS, or DHL: You must include a Ste. 400, Lewisville, TX
copy of the Notice of Action (Form I-797C 75067.
or I-797) showing USCIS received or
approved your Form I-821
------------------------------------------------------------------------
Biometric Services Fee for TPS
Biometrics (such as fingerprints) are required for all applicants,
in addition to a biometric services fee. As previously stated, if you
cannot pay the biometric services fee, you may request a fee waiver,
which you may submit on Form I-912. For more information on the
application forms and fees for TPS, please visit the USCIS TPS web page
at https://www.uscis.gov/tps. USCIS may require you to visit an
Application Support Center to have your biometrics collected. For
additional information on the USCIS biometric screening process, please
see the USCIS Customer Profile Management Service Privacy Impact
Assessment, available at https://www.dhs.gov/publication/dhsuscispia-060-customer-profile-management-service-cpms.
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at https://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).
Am I eligible to receive an automatic extension of my current EAD
through March 9, 2026, through this Federal Register notice (``FRN-
Based Automatic EAD Extension'')?
Yes. Regardless of your country of birth, if you currently have an
El Salvador TPS-based EAD with the notation A12 or C19 under Category
and a ``Card Expires'' date of March 9, 2025, June 30, 2024, Dec. 31,
2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, Sept. 9, 2019, or March
9, 2018, this Federal Register notice automatically extends your EAD
through March 9, 2026 without any further action on your part. Although
this Federal Register notice automatically extends your EAD through
March 9, 2026, you still must timely re-register for TPS by filing Form
I-821 in accordance with the procedures described in this Federal
Register notice to maintain your TPS. You also should file your I-765
timely to avoid possible gaps in your employment authorization
documentation.
How can I receive an automatic extension of my current TPS EAD for up
to 540 days from the ``Card Expires'' date on the EAD by filing an EAD
renewal application (``Up to 540-Day Automatic EAD Extension'')?
You qualify for this other type of automatic EAD extension if:
You properly file your renewal Form I-765 during the TPS
re-registration period which is January 17, 2025, through March 18,
2025; and
Your Form I-765 EAD renewal application is under category
A12 or C19.
As long as the categories listed on your EAD and I-797C receipt
notice are A12 or C19, they do not need to be the same. (For example,
your EAD may still be automatically extended for up to 540 days if your
EAD says C19 and your renewal application says A12.)
For purposes of your employer verifying your employment eligibility
on the Form I-9, if you choose to complete your Form I-9 using the ``Up
to 540-Day Automatic EAD Extension,'' the automatic extension period
starts from the ``Card Expires'' date on your EAD. You may use the EAD
Automatic Extension Calculator available at https://www.uscis.gov/eadautoextend to determine the automatically extended expiration date.
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on 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 one selection from List A (which provides evidence
of both identity and employment authorization) or one selection from
List B (which provides evidence of your identity) together with one
selection from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt as described
in these lists. 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. See the section ``How do my
employer and I complete Form I-9 using my automatically extended EAD
for a new job?'' of this Federal Register notice for more information.
A. FRN-based Automatic EAD Extension. If your EAD states A12 or C19
under Category and has a ``Card Expires'' date of March 9, 2025, June
30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020,
Sept. 9, 2019, or March 9, 2018, this Federal Register 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 March 9, 2026. Your country of
[[Page 5959]]
birth noted on the EAD does not have to reflect the TPS-designated
country of El Salvador for you to be eligible for this extension. You
may, but are not required to, show this Federal Register notice to your
employer to explain what to do for Form I-9 and to show that USCIS has
automatically extended your EAD through March 9, 2026.
B. Up to 540-day Automatic EAD Extension. To show that you qualify
for this extension, present:
1. Your EAD with a Category Code of A12 or C19 and
2. Your Form I-797C, Notice of Action, for your Form I-765 renewal
EAD application showing a Category Code of A12 or C19. The ``Received
Date'' on this notice must fall within the re-registration period
described in this FRN, which is from (January 17, 2025, through March
18, 2025).
The A12 or C19 categories on your Form I-797C, Notice of Action,
and facially expired or expiring A12 or C19 EAD do not need to match,
as long as each lists A12 or C19 as the category. (For example, your
EAD may still be automatically extended for up to 540 days if your EAD
says C19 and your renewal application says A12.)
What documentation may I present to my employer for Form I-9 if I am
already employed but my current TPS-related EAD is set to expire?
Your employer is required by law to ask you about your continued
employment authorization. Your employer may need to reexamine your
automatically extended EAD to check the ``Card Expires'' date and
Category code if your employer did not keep a copy of your EAD when you
initially presented it. Once your employer has reviewed the ``Card
Expires'' date and Category code, they should update the EAD expiration
date in Section 2 of Form I-9. See the section ``What updates should my
current employer make to Form I-9 if my EAD has been automatically
extended?'' of this Federal Register notice for more information.
A. FRN-based Automatic EAD Extension. If you choose to use the
automatic EAD extension based on this Federal Register notice, you may
show this Federal Register notice to your employer to explain what to
do for Form I-9 and to show that USCIS has automatically extended your
EAD through March 9, 2026; however, you are not required to do so. The
last day of this automatic EAD extension is March 9, 2026. Before you
start work on March 10, 2026, your employer is required by law to
reverify your employment authorization on Form I-9.
B. Up to 540-day Automatic EAD Extension. If you filed your EAD
renewal application during the re-registration period indicated in this
Federal Register notice and choose to have your EAD automatically
extended for up to 540 days from the ``Card Expires'' date on your EAD,
but no later than September 9, 2026, present:
1. Your EAD with a Category Code of A12 or C19, and
2. The Form I-797C, Notice of Action, showing a Category Code of
A12 or C19. The ``Received Date'' on this notice must fall within the
re-registration period described in this FRN, which is from (January
17, 2025, through March 18, 2025).
By the end date of your automatic EAD extension, you must present
any document from List A or any document from List C on Form I-9 Lists
of Acceptable Documents, or an acceptable List A or List C receipt
described in these lists to reverify employment authorization.
Your employer may not specify which List A or List C document you
must present and cannot reject an acceptable receipt.
If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, even if you already have an EAD or employment authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through September 9, 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, proof of my
Salvadoran citizenship, or a Form I-797C showing that I registered for
TPS?
No. When completing Form I-9, employers must accept any
documentation you choose to present from 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 other documentation, such as proof of
Salvadoran citizenship or proof of registration for TPS, when
completing Form I-9 for new hires or reverifying the employment
authorization of current employees. If you present an EAD that USCIS
has automatically extended, employers should accept it as a valid List
A document if the EAD reasonably appears to be genuine and to relate to
you. Refer to the ``Note to Employees'' section of this Federal
Register notice for important information about your rights if your
employer rejects lawful documentation, requires additional
documentation, or otherwise discriminates against you based on your
citizenship or immigration status or your national origin.
How do my employer and I complete Form I-9 using my automatically
extended EAD for a new job?
A. FRN-based Automatic EAD Extension. When using this this type of
automatically extended EAD to complete Form I-9 for a new job before
March 10, 2026:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until'' and enter
September 9, 2026, as the ``expiration date''; and
b. Enter your USCIS number or A-Number where indicated. (Your EAD
or other document from DHS will have your USCIS number or A-Number
printed on it; the USCIS number is the same as your A-Number without
the A prefix.)
2. For Section 2, employers should:
a. Determine whether the EAD is auto-extended by ensuring it is in
category A12 or C19 and has a ``Card Expires'' date of March 9, 2025,
June 30, 2024, Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020,
Sept. 9, 2019, or March 9, 2018;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write March 9, 2026, as the expiration date.
Before the start of work on March 10, 2026, employers must reverify
the employee's employment authorization on Form I-9.
B. Up to 540-day Automatic EAD Extension. If you filed your EAD
renewal application during the re-registration period indicated in this
Federal Register notice and choose to have your EAD automatically
extended for up to 540 days from the ``Card Expires'' date on your EAD:
1. For Section 1, you should:
a. Check ``A noncitizen authorized to work until;'' and
b. Enter your USCIS number or A-Number where indicated. (Your EAD
or other document from DHS will have your USCIS number or A-Number
printed on it; the USCIS number is the same as your A-Number without
the A prefix.)
c. Enter September 9, 2026 as the expiration date.
2. In Section 2, in the List A column, the employer must:
[[Page 5960]]
a. Determine whether the EAD is automatically extended by ensuring
your EAD is in category A12 or C19 and that your Form I-797C indicates
that you filed your Form I-765 renewal EAD application under Category
A12 or C19 and during the re-registration period indicated in this
Federal Register notice;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. In the Expiration Date field, enter the date 540 days from the
``Card Expires'' date on the EAD. This date may not be later than
September 9, 2026. Use the Automatic Extension Eligibility Calculator
at https://www.uscis.gov/eadautoextend to calculate your new EAD
expiration date.
f. Employers should also enter ``EAD EXT'' in the Additional
Information field.
What updates should my current employer make to Form I-9 if my EAD has
been automatically extended?
If you presented a TPS-related EAD that was valid when you first
started your job and USCIS has now automatically extended your EAD,
your employer may need to re-examine your current EAD if they do not
have a copy of the EAD on file. Your employer should determine whether
your EAD is automatically extended by ensuring that it contains
Category A12 or C19.
A. FRN-based automatic EAD Extension. If you are relying on an FRN-
based automatic EAD extension, your employer should examine your EAD to
see if it has a ``Card Expires'' date of March 9, 2025, June 30, 2024,
Dec. 31, 2022, Oct. 4, 2021, Jan. 4, 2021, Jan. 2, 2020, Sept. 9, 2019,
or March 9, 2018. Your employer may not rely on the country of birth
listed on the card to determine whether you are eligible for this
extension.
If your employer determines that USCIS has automatically extended
your EAD through this Federal Register notice, they should update
Section 2 of your previously completed Form I-9 as follows:
1. Write EAD EXT and March 9, 2026 as the last day of the automatic
extension in the Additional Information field; and
2. Initial and date the correction.
Note: This is not considered a reverification. Employers do not
reverify the employee until either the automatic extension has
ended, or the employee presents a new document to show continued
employment authorization, whichever is sooner. By the date that the
employee's automatically extended EAD expires, employers are
required by law to reverify the employee's employment authorization
on Form I-9.
B. Up to 540-day Automatic EAD Extension. If you are relying on an
up to 540-day automatic EAD extension, your employer must examine your
Form I-797C indicating receipt of your Form I-765 renewal EAD
application to determine if it was filed under Category A12 or C19 and
during the re-registration period indicated in this Federal Register
notice. Your employer will need to update Form I-9 by entering the
appropriate automatic EAD extension expiration date and ``EAD EXT'' in
the Section 2 Additional Information field. The new up to 540-day EAD
extension expiration date starts from the ``Card Expires'' date on the
face of your current EAD. Use the Automatic Extension Eligibility
Calculator at https://www.uscis.gov/eadautoextend to calculate your new
EAD expiration date.
Note: This information also applies if you initially presented a
TPS-related EAD that was automatically extended by the FRN-Based
Automatic EAD Extension and later obtained an up to 540-day
automatic EAD extension.
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee by
entering the EAD document number and expiration date from Section 2 of
Form I-9 into the corresponding fields in E-Verify.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?
If you have an employee who provided a TPS-related EAD when they
first started working for you, you will receive a ``Work Authorization
Documents Expiring'' case alert when the auto-extension period for this
EAD is about to expire. You must reverify your employee's employment
authorization on Form I-9 by the date their automatic EAD extension
ends. Employers may not use E-Verify for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. USCIS accepts calls and emails in English,
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 many 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 job
applicants may also call the U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee Rights Section (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 many 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 these lists. Employers may not require extra or additional
documentation other than what is required to complete Form I-9.
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 these 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
[[Page 5961]]
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 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 EAD that has been
automatically extended by this Federal Register notice, you do not need
to show any other document, such as a Form I-797C, Notice of Action,
reflecting receipt of a Form I-765 EAD renewal application or this
Federal Register notice, to prove that you qualify for this extension.
If you are presenting an EAD extended by an up to 540-day extension,
you will need to show your Form I-797C, Notice of Action, reflecting
receipt of your Form I-765. While Federal Government agencies must
follow the guidelines laid out by the Federal Government, State and
local government agencies establish their own rules and guidelines when
granting certain benefits. Each state may have different laws,
requirements, and determinations about what documents you need to
provide to prove eligibility for certain benefits. Whether you are
applying for a Federal, State, or local government benefit, you may
need to provide the government agency with documents that show you are
a TPS beneficiary or applicant, show you are authorized to work based
on TPS or other status, or that may be used by DHS to determine if you
have TPS or another immigration status. Examples of such documents are:
Your current EAD with a TPS category code of A12 or C19,
even if your country of birth noted on the EAD does not reflect the
TPS-designated country of El Salvador;
Your Form I-94, Arrival/Departure Record;
Your Form I-797, Notice of Action, reflecting approval of
your Form I-765; or
Form I-797 or Form I-797C, Notice of Action, reflecting
approval or receipt of a past or current Form I-821, if you received
one from USCIS.
Check with the government agency requesting documentation about
which document(s) the agency will accept.
Some state and local government agencies use SAVE, https://www.uscis.gov/save, to confirm the current immigration status of
applicants for public benefits. While SAVE can verify that an
individual has TPS or a pending TPS application, each agency's
procedures govern whether they will accept an unexpired EAD, Form I-
797, Form I-797C, or Form I-94. If an agency accepts the type of TPS-
related document you present, such as an 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 extension of TPS-related documentation in addition to your
recent TPS-related document with your A-Number, USCIS number, or Form
I-94 number;
b. Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
c. Ask the agency to initiate a SAVE query with your information
and follow through with additional verification steps, if necessary, to
get a final SAVE response verifying your TPS.
You can also ask the agency to look for SAVE notices or contact
SAVE if they have any questions about your immigration status or
automatic extension of TPS-related documentation. In most cases, SAVE
provides an automated electronic response to benefit-granting agencies
within seconds, but occasionally verification can be delayed.
You can check the status of your SAVE verification by using
CaseCheck at 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, USCIS number, or Form I-94
number) or Verification Case Number. If an agency has denied your
application based solely or in part on a SAVE response, the agency must
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. 2025-00626 Filed 1-10-25; 8:45 am]
BILLING CODE 9111-97-P