Extension of the Designation of Temporary Protected Status for El Salvador; Automatic Extension of Employment Authorization Documentation for El Salvador TPS Beneficiaries, 1450-1454 [05-441]
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Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Notices
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of this information
collection:
(1) Type of Information Collection:
Extension of currently approved
collection.
(2) Title of the Form/Collection:
Request to Enforce Affidavit of
Financial Support and Intent to Petition
for Custody for Public Law 97–359
Amerasian.
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: Form I–363.
U.S. Citizenship and Immigration and
Services.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
Households. This form is used by the
USCIS to determine whether an
Affidavit of Financial Support and
Intent to Petition for Legal Custody
require enforcement.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 50 responses at 30 minutes (0.5
hours) per response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: 25 annual burden hours.
If you have comments, suggestions, or
need a copy of the information
collection instrument, please contact
Richard A. Sloan, Director, Regulatory
Management Division, U.S. Citizenship
and Immigration Services, 111
Massachusetts Avenue, NW.,
Washington, DC 20529; (202) 272–8377.
Dated: January 3, 2005.
Stephen R. Tarragon,
Acting Director, Regulatory Management
Division, U.S. Citizenship and Immigration
Services.
[FR Doc. 05–302 Filed 1–6–05; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2337–04]
RIN 1615–ZA15
Extension of the Designation of
Temporary Protected Status for El
Salvador; Automatic Extension of
Employment Authorization
Documentation for El Salvador TPS
Beneficiaries
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Notice.
AGENCY:
SUMMARY: The Temporary Protected
Status designation for El Salvador will
expire on March 9, 2005. This notice
extends the designation of El Salvador
for 18 months, until September 9, 2006,
and sets forth procedures necessary for
nationals of El Salvador (or aliens
having no nationality who last
habitually resided in El Salvador) with
TPS to re-register and to apply for an
extension of their employment
authorization documents (EADs) for the
additional 18-month period. Reregistration is limited to persons who
registered under the initial designation
announced on March 9, 2001 or who
filed their first application for TPS
under the late initial registration
provisions at 8 CFR 244.2(f)(2) and also
timely re-registered under each
subsequent extension of the designation.
Eligible aliens also must have
maintained continuous physical
presence in the United States since
March 9, 2001, and continuous
residence in the United States since
February 13, 2001. Certain nationals of
El Salvador (or aliens having no
nationality who last habitually resided
in El Salvador) who have not previously
applied for temporary protected status
may be eligible to apply under the late
initial registration provisions.
Given the large number of
Salvadorans affected by this notice, the
Department of Homeland Security
recognizes that many re-registrants may
not receive their new employment
authorization documents until after
their current documents expire on
March 9, 2005. Accordingly, this notice
automatically extends the validity of
employment authorization documents
issued under the temporary protected
status designation of El Salvador for 6
months, until September 9, 2005, and
explains how temporary protected
status beneficiaries and their employers
may determine which employment
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authorization documents are
automatically extended.
EFFECTIVE DATES: The extension of
temporary protected status for El
Salvador is effective March 9, 2005, and
will remain in effect until September 9,
2006. The 60-day re-registration period
begins January 7, 2005, and will remain
in effect until March 8, 2005.
FOR FURTHER INFORMATION CONTACT:
Colleen Cook, Residence and Status
Services, Office of Programs and
Regulations Development, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 111
Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20529, telephone (202)
514–4754.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This
Document.
Act—Immigration and Nationality Act
DHS—Department of Homeland
Security
DOS—Department of State
EAD—employment authorization
document
INS—Immigration and Naturalization
Service
RIC—Resource Information Center
TPS—temporary protected status
USCIS—U.S. Citizenship and
Immigration Services
What Authority Does the Secretary of
DHS Have To Extend the Designation of
TPS for El Salvador?
On March 1, 2003, the functions of
the Immigration and Naturalization
Service (INS) transferred from the
Department of Justice (DOJ) to the
Department of Homeland Security
(DHS) pursuant to the Homeland
Security Act of 2002, Public Law 107–
296. The responsibilities for
administering temporary protected
status (TPS) held by the former INS
were transferred to U.S. Citizenship and
Immigration Services (USCIS).
Under section 244 of the Immigration
and Nationality Act (Act), 8 U.S.C.
1254a, the Secretary of DHS, after
consultation with appropriate agencies
of the Government, is authorized to
designate a foreign state (or part thereof)
for TPS. 8 U.S.C. 1254a(b)(1). The
Secretary of DHS may then grant TPS to
eligible nationals of that foreign state (or
aliens having no nationality who last
habitually resided in that state). 8 U.S.C.
1254a(a)(1).
At least 60 days before the expiration
of the TPS designation or any extension
thereof, section 244(b)(3)(A) of the Act
requires the Secretary of DHS to review,
after consultation with appropriate
agencies of the Government, the
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conditions in a foreign state designated
for TPS to determine whether the
conditions for a TPS designation
continue to be met and, if so, the length
of an extension of the TPS designation.
8 U.S.C. 1254a(b)(3)(A). If the Secretary
of DHS determines that the foreign state
no longer meets the conditions for TPS
designation, he shall terminate the
designation, as provided in section
244(b)(3)(B) of the Act. 8 U.S.C.
1254a(b)(3)(B). Finally, if the Secretary
of DHS does not determine that a
foreign state (or part thereof) no longer
meets the conditions for designation at
least 60 days before the designation is
due to end, section 244(b)(3)(C) of the
Act provides for an automatic extension
of TPS for an additional period of 6
months (or, in the discretion of the
Secretary of DHS, a period of 12 or 18
months). 8 U.S.C. 1254a(b)(3)(C).
Why did the Secretary of DHS decide to
extend the TPS designation for El
Salvador?
On March 9, 2001, a notice was
published in the Federal Register at 66
FR 14214, designating El Salvador for
TPS due to the devastation resulting
from a series of severe earthquakes. The
designation of El Salvador for TPS
subsequently has been extended twice,
with notice of such determinations
published in the Federal Register (67
FR 46000; 68 FR 42071). The most
recent extension became effective on
September 9, 2003, and is due to end on
March 9, 2005.
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in El
Salvador. Due to ongoing reconstruction
of infrastructure and housing damaged
by the earthquakes, the Secretary of
DHS has determined that an 18-month
extension of the TPS designation is
warranted because El Salvador remains
unable, temporarily, to adequately
handle the return of its nationals. 8
U.S.C. 1254a(b)(1)(B). On October 15,
2004, DOS submitted a memorandum to
USCIS recommending the extension of
TPS for El Salvador (the DOS
Recommendation).
DOS notes that the 2001 earthquakes
damaged or destroyed over 300,000
houses in El Salvador leaving more than
1.5 million people, a quarter of the
country’s population, without adequate
housing. According to a report in
October 2004 from the USCIS Resource
Information Center (RIC Report), El
Salvador’s Vice-Ministry of Housing
reported in July 2004 that 102,000
houses had been rebuilt or were under
construction. Id. Construction of
another 11,500 houses is due to begin
soon. Id. DOS estimates that almost 50%
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of the people who lost housing during
the earthquakes are still without
permanent shelter. (DOS
Recommendation).
The earthquakes also severely
damaged or destroyed over 35% of the
nation’s schools. (RIC Report).
Significant progress has been made in
school reconstruction. Id. El Salvador’s
Ministry of Education reported in
February 2004 that five percent of the
schools damaged by the earthquakes
still needed to be rebuilt. Id.
Nevertheless, over 250 schools still
require repair at a cost of approximately
$21.7 million. (DOS Recommendation).
The pace of reconstruction of health
infrastructure has been slower. The
earthquakes caused severe damage to
55% of the nation’s health
infrastructure. (RIC Report). While the
Government of El Salvador has made
significant progress in the
reconstruction of health centers,
virtually no progress has been made in
the reconstruction of hospitals. (DOS
Recommendation). A World Bank loan
for the reconstruction of hospitals was
made available in 2004. Id. The
Government of El Salvador expects to
complete hospital reconstruction in
2007. Id., (RIC Report).
Based upon this review, the Secretary
of DHS, after consultation with
appropriate Government agencies, finds
that the conditions that prompted the
designation of El Salvador for TPS
continue to be met. 8 U.S.C.
1254a(b)(3)(A). There continues to be a
substantial, but temporary, disruption in
living conditions in El Salvador as the
result of an environmental disaster, and
El Salvador remains unable, temporarily
to handle adequately the return of its
nationals. 8 U.S.C. 1254a(b)(1)(B). On
the basis of these findings, the Secretary
of DHS concludes that the TPS
designation for El Salvador should be
extended for an additional 18-month
period. 8 U.S.C. 1254a(b)(3)(C).
If I currently have benefits through the
TPS designation of El Salvador, should
I re-register for TPS?
Yes. If you already have received
benefits through the TPS designation of
El Salvador, your benefits will expire on
March 9, 2005. Accordingly, individual
TPS beneficiaries must comply with the
re-registration requirements described
below in order to maintain TPS benefits
through September 9, 2006. TPS
benefits include temporary protection
against removal from the United States,
as well as employment authorization,
during the TPS designation period. 8
U.S.C. 1254a(a)(1).
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If I am currently registered for TPS,
how do I re-register under the
extension?
All persons previously granted TPS
under the designation of El Salvador
who wish to maintain such status must
re-register under the extension by filing
the following: (1) Form I–821,
Application for Temporary Protected
Status, without fee; (2) Form I–765,
Application for Employment
Authorization (see the chart below to
determine whether you must submit the
one hundred and seventy-five dollar
($175) filing fee with Form I–765); and
(3) a biometric service fee of seventy
dollars ($70) if you are 14 or older, or
if you are under 14 and requesting an
employment authorization document
(EAD). The biometric service fee will
not be waived. 8 CFR 103.2(e)(4)(i), (iii).
Unlike previous registration periods,
TPS applicants need not submit
photographs with the TPS application
because a photograph will be taken
when the alien appears at an
Application Support Center (ASC) for
collection of biometrics. Aliens who
have previously registered for TPS but
whose applications remain pending
should follow these instructions if they
wish to renew their TPS benefits.
An application submitted without the
required fees will be returned to the
applicant. Please note that Form I–821
has been revised and the new form has
a Revision Date of 11/5/04. The
previous revision of Form I–821, with
Revision Date 7/30/04, will be accepted
through January 3, 2005. Applicants
submitting the earlier revision of Form
I–821 should submit their application
materials as outlined in this Federal
Register notice. After January 3, 2005,
only the new form with Revision Date
11/05/04 will be accepted. Submissions
of older versions of Form I–821 will be
rejected. Unlike previous registration
periods, all applications for reregistration and late-initial registration
are to be submitted, with applicable
fees, to the USCIS Lockbox in Chicago,
Illinois as outlined in this Federal
Register notice, during the 60-day reregistration period that begins January 7,
2005, and ends March 8, 2005. An
interim EAD will not be issued unless
the Form I–765, as part of the TPS
registration package, has been pending
with USCIS more than 90 days after all
requested initial evidence has been
received, including collection of the
applicant’s biometrics at an ASC. See 8
CFR 103.2(b)(10)(ii) and 8 CFR
274a.13(d).
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Where can I obtain a copy of the new
Form I–821 dated 11/5/04?
Who must submit the $175 filing fee for
the Form I–765?
TPS forms are available from the tollfree USCIS Forms line, 1–800–870–
3676, from your local USCIS district
office, or from the USCIS Web site:
https://uscis.gov.
Although all re-registrants must
submit the Form I–765, those reregistrants and aliens renewing an EAD,
regardless of age, must submit the $175
filing fee or a properly documented fee
waiver request pursuant to 8 CFR
244.20. Persons between the ages of 14
and 65 (inclusive) filing under the late
initial registration provisions who are
requesting an EAD must also submit the
$175 fee or a fee waiver request
pursuant to 8 CFR 244.20. Aliens who
are submitting Form I–765 only for datagathering purposes (as explained in the
chart below) are not required to submit
a $175 filing fee, nor are they required
to submit a fee waiver request.
If:
Then:
You are re-registering for or renewing a TPS-related EAD, regardless
of your age.
You must complete and file the Form I–765, Application for Employment Authorization, with the $175 fee or a fee waiver request in accordance with 8 CFR 244.20.
You must complete and file Form I–765 (for data-gathering purposes
only) with no fee.1
You must complete and file Form I–765 (for data-gathering purposes
only) with no fee.
You are not requesting an EAD ...............................................................
You are applying for a TPS-related EAD under the late initial registration provisions and are under age 14 or over age 65.
1 An applicant who does not want an EAD does not need to submit the $175 fee, but must complete and submit Form I–765 for data-gathering
purposes.
Who must submit the $70 biometric
service fee?
All aliens 14 years of age and older
who are re-registering for TPS, renewing
temporary treatment benefits, or late
initial registering must submit the $70
biometric service fee. In addition, any
applicant under the age of 14 choosing
to apply for an EAD must submit the
$70 biometric service fee, as a
photograph, signature, and fingerprint
are required to produce the EAD. The
biometric service fee will not be waived.
8 CFR 103.2(e)(4)(i), (iii).
Where should an applicant submit his
or her application to re-register, late
initial register, or renew temporary
treatment benefits?
If you are re-registering and have
previously filed with the Vermont
Service Center, the Form I–821, Form I–
765, fees, and all supporting
documentation should be filed at the
USCIS Chicago Lockbox at: U.S.
Citizenship and Immigration Services,
P.O. Box 6943, Chicago, IL 60680–6943.
Or, for non-United States Postal
Service (USPS) deliveries: U.S.
Citizenship and Immigration Services,
Attn: TPS/VSC, 427 S. LaSalle—3rd
Floor, Chicago, IL 60605.
If you are re-registering and have
previously filed with either the
California Service Center, Texas Service
Center, or Nebraska Service Center or if
you are filing a late initial registration,
the Form I–821, Form I–765, fees, and
all supporting documentation should be
filed at the USCIS Chicago Lockbox at:
U.S. Citizenship and Immigration
Services, Attn: TPS El Salvador, P.O.
Box 87583, Chicago, IL 60680–0583.
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Or, for non-United States Postal
Service (USPS) deliveries: U.S.
Citizenship and Immigration Services,
Attn: TPS El Salvador, 427 S. LaSalle—
3rd Floor, Chicago, IL 60605.
Please note that this is not the
location where you have submitted your
forms during previous re-registration
periods. Also, there are two different
P.O. Boxes listed. Failure to use the
appropriate P.O. Box may delay
processing your TPS application. Aliens
re-registering or late initial registering
for TPS under the designation of El
Salvador should not send their TPS
forms and fees directly to a USCIS
Service Center or district office. Failure
to follow these instructions may delay
processing of your TPS application.
Aliens re-registering for TPS under
the designation of El Salvador during
the re-registration period from January
7, 2005, to March 8, 2005, may file the
Form I–821, I–765 and fees
electronically by using E-filing at the
USCIS Web site, www.uscis.gov. In
order to properly re-register using Efiling, aliens must start the electronic
filing with Form I–821, and the system
will then link the alien to Form I–765
once Form I–821 is complete. Aliens reregistering for TPS after March 8, 2005,
or aliens late initial registering may not
file electronically, and must send their
application materials to the USCIS
Chicago Lockbox. Failure to follow
these instructions may result in an
incomplete filing and delay processing
of your TPS application.
Who is eligible to receive an automatic
extension of his or her EAD from March
9, 2005 to September 9, 2005?
To receive an automatic extension of
his or her EAD, an individual must be
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a national of El Salvador (or an alien
having no nationality who last
habitually resided in El Salvador) who
has applied for and received an EAD
under the TPS designation of El
Salvador and who has not had TPS
withdrawn or denied. This automatic
extension is limited to EADs issued on
either Form I–766, Employment
Authorization Document, or Form I–
688B, Employment Authorization Card,
bearing an expiration date of March 9,
2005. The EAD must also be either (1)
a Form I–766 bearing the notation ‘‘A–
12’’ or ‘‘C–19’’ on the face of the card
under ‘‘Category’’ or (2) a Form I–688B
bearing the notation ‘‘274a.12(a)(12)’’ or
‘‘274a.12(c)(19)’’ on the face of the card
under ‘‘Provision of Law.’’
What documents may a qualified
individual show to his or her employer
as proof of employment authorization
and identity when completing Form I–
9, Employment Eligibility Verification?
For completion of the Form I–9 at the
time of hire or re-verification, qualified
individuals who have received a 6
month extension of their EADs by virtue
of this Federal Register notice may
present to their employer a TPS-based
EAD as proof of identity and
employment authorization until
September 9, 2005. To minimize
confusion over this extension at the
time of hire or re-verification, qualified
individuals may also present to their
employer a copy of this Federal Register
notice regarding the automatic
extension of employment authorization
documentation to September 9, 2005. In
the alternative, any legally acceptable
document or combination of documents
listed in List A, List B, or List C of the
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Form I–9 may be presented as proof of
identity and employment eligibility; it is
the choice of the employee.
How may employers determine whether
an EAD has been automatically
extended through September 9, 2005
and is therefore acceptable for
completion of the Form I–9?
For purposes of verifying identity and
employment eligibility or re-verifying
employment eligibility on the Form I–9
until September 9, 2005, employers of
Salvadoran TPS beneficiaries whose
EADs have been automatically extended
by this notice must accept such EAD if
presented. An EAD that has been
automatically extended by this notice to
September 9, 2005 will actually contain
an expiration date of March 9, 2005, and
must be either (1) a Form I–766 bearing
the notation ‘‘A–12’’ or ‘‘C–19’’ on the
face of the card under ‘‘Category,’’ or (2)
a Form I–688B bearing the notation
‘‘274a.12(a)(12)’’ or ‘‘274a.12(c)(19)’’ on
the face of the card under ‘‘Provision of
Law.’’ New EADs or extension stickers
showing the September 9, 2005
expiration date will not be issued.
Employers should not request proof of
Salvadoran citizenship. Unless put on
notice that an employee is unauthorized
to work, employers presented with an
EAD that has been extended pursuant to
this Federal Register notice, if it
appears to be genuine and appears to
relate to the employee, should accept
the EAD as a valid ‘‘List A’’ document
and should not ask for additional Form
I–9 documentation. This action by the
Secretary of DHS through this Federal
Register notice does not affect the right
of an employee to present any legally
acceptable document as proof of
identity and eligibility for employment.
Employers are reminded that the laws
prohibiting unfair immigration-related
employment practices remain in full
force and that this notice does not
supersede or in any way limit
applicable employment verification
rules and policy guidance. For
questions, employers may call the
USCIS Office of Business Liaison
Employer Hotline at 1–800–357–2099 to
speak to a USCIS representative. Also,
employers may call the U.S. Department
of Justice Office of Special Counsel for
Immigration Related Unfair
Employment Practices (OSC) Employer
Hotline at 1–800–255–8155 or 1–800–
362–2735 (TDD). Employees or
applicants may call the OSC Employee
Hotline at 1–800–255–7688 or 1–800–
237–2515 (TDD) for information
regarding the automatic extension.
Additional information is available on
the OSC Web site at https://
www.usdoj.gov/crt/osc/.
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Does TPS lead to lawful permanent
residence?
No. TPS is a temporary benefit that
does not lead to lawful permanent
residence or by itself confer any other
immigration status. 8 U.S.C. 1254a(e),
(f)(1), (h). When a country’s TPS
designation is terminated, TPS
beneficiaries will maintain the same
immigration status they held prior to
TPS (unless that status has since
expired or been terminated), or any
other status they may have acquired
while registered for TPS. Accordingly, if
an alien held no lawful immigration
status prior to being granted TPS and
did not obtain any other status during
the TPS period, he or she will revert to
unlawful status upon the termination of
the TPS designation. Once the Secretary
determines that a TPS designation
should be terminated, aliens who had
TPS under that designation are expected
to plan for their departure from the
United States and may wish to apply for
immigration benefits for which they
may be eligible.
May I apply for another immigration
benefit while registered for TPS?
Yes. Registration for TPS does not
prevent you from applying for another
non-immigrant status, from filing for
adjustment of status based on an
immigrant petition, or from applying for
any other immigration benefit or
protection. 8 U.S.C. 1254a(a)(5). For the
purposes of change of nonimmigrant
status and adjustment of status, an alien
is considered as being in, and
maintaining, lawful status as a
nonimmigrant during the period in
which the alien is granted TPS. 8 U.S.C.
1254a(f)(4).
How does an application for TPS affect
my application for asylum or other
immigration benefits?
An application for TPS does not affect
an application for asylum or any other
immigration benefit. Denial of an
application for asylum or any other
immigration benefit does not affect an
applicant’s TPS eligibility, although the
grounds for denying one form of relief
may also be grounds for denying TPS.
For example, a person who has been
convicted of a particularly serious crime
is not eligible for asylum or TPS. 8
U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C.
1254a(c)(2)(B)(ii).
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1453
Does this extension allow nationals of
El Salvador (or aliens having no
nationality who last habitually resided
in El Salvador) who entered the United
States after February 13, 2001, to file
for TPS?
No. This is a notice of an extension of
the TPS designation of El Salvador, not
a notice re-designating El Salvador for
TPS. An extension of a TPS designation
does not change the required dates of
continuous residence and continuous
physical presence in the United States.
This extension does not expand TPS
availability to those beyond the current
TPS eligibility requirements for El
Salvador. To be eligible for benefits
under this extension, nationals of El
Salvador (or aliens having no
nationality who last habitually resided
in El Salvador) must have continuously
resided in the United States since
February 13, 2001, and been
continuously physically present in the
United States since March 9, 2001, the
date of the initial designation of TPS for
El Salvador.
Are certain aliens ineligible for TPS?
Yes. There are certain criminal and
terrorism-related inadmissibility
grounds that render an alien ineligible
for TPS. 8 U.S.C. 1254a(c)(2)(A)(iii).
Further, aliens who have been convicted
of any felony, or two or more
misdemeanors, committed in the United
States are ineligible for TPS under
section 244(c)(2)(B) of the Act, 8 U.S.C.
1254a(c)(2)(B), as are aliens described in
the bars to asylum in section
208(b)(2)(A) of the Act, 8 U.S.C.
1158(b)(2)(A).
What is late initial registration?
Some persons may be eligible for late
initial registration under 8 U.S.C.
1254a(c)(1)(A)(iv) and 8 CFR 244.2(f)(2)
and (g). To apply for late initial
registration an applicant must:
(1) Be a national of El Salvador (or
alien who has no nationality and who
last habitually resided in El Salvador);
(2) Have continuously resided in the
United States since February 13, 2001;
(3) Have been continuously physically
present in the United States since March
9, 2001; and
(4) Be both admissible as an
immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not
ineligible under section 244(c)(2)(B) of
the Act.
Additionally, the applicant must be
able to demonstrate that during the
initial registration period (from March 9,
2001 to September 9, 2002), he or she:
(1) Was a nonimmigrant or had been
granted voluntary departure or any
relief from removal;
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(2) Had an application for change of
status, adjustment of status, asylum,
voluntary departure, or any relief from
removal or change of status pending or
subject to further review or appeal;
(3) Was a parolee or had a pending
request for reparole; or
(4) Is the spouse or child of an alien
currently eligible to be a TPS registrant.
An applicant for late initial
registration must file an application for
late registration no later than 60 days
after the expiration or termination of the
conditions described above. 8 CFR
244.2(g). All late initial registration
applications for TPS pursuant to the
TPS extension of El Salvador should be
submitted to the USCIS Chicago
Lockbox.
What happens when this extension of
TPS expires on September 9, 2006?
At least 60 days before this extension
of TPS designation for El Salvador
expires on September 9, 2006, the
Secretary of DHS, after consultation
with appropriate agencies of the
Government, will review conditions in
El Salvador and determine whether the
conditions for TPS designation continue
to be met at that time, or whether the
TPS designation should be terminated.
8 U.S.C. 1254a(b)(3). Notice of that
determination, including the basis for
the determination, will be published in
the Federal Register.
Notice of Extension of Designation of
TPS for El Salvador
By the authority vested in DHS under
sections 244(b)(1)(B), (b)(3)(A), and
(b)(3)(C) of the Act, DHS has
determined, after consultation with the
appropriate Government agencies, that
the conditions that prompted
designation of El Salvador for TPS
continue to be met. Accordingly, DHS
orders as follows:
(1) The designation of El Salvador
under section 244(b)(1)(B) of the Act is
extended for an additional 18-month
period from March 9, 2005, to
September 9, 2006. 8 U.S.C.
1254a(b)(3)(C).
(2) There are approximately 248,282
nationals of El Salvador (or aliens
having no nationality who last
habitually resided in El Salvador) who
have been granted TPS and who are
eligible for re-registration.
(3) To maintain TPS, a national of El
Salvador (or an alien having no
nationality who last habitually resided
in El Salvador) who was granted TPS
during the initial designation period (or
through late initial registration) and
who re-registered during the subsequent
extensions of this designation, must reregister for TPS during the 60-day re-
VerDate jul<14>2003
18:03 Jan 06, 2005
Jkt 205001
registration period from January 7, 2005,
until March 8, 2005.
(4) To re-register, the alien must file
the following: (1) Form I–821,
Application for Temporary Protected
Status, without fee; (2) Form I–765,
Application for Employment
Authorization; and (3) a biometric
services fee of seventy dollars ($70) if
the alien is age 14 or older, or if the
alien is under age 14 and requesting an
employment authorization document.
Applications submitted without the
required fees will be returned to the
applicant. If the alien requests an EAD,
he or she must submit one hundred and
seventy-five dollars ($175) or a properly
documented fee waiver request,
pursuant to 8 CFR 244.20, with the
Form I–765. An alien who does not
request employment authorization must
still file Form I–765 along with Form I–
821, but he or she is not required to
submit the fee or a fee waiver request for
filing Form I–765. Failure to re-register
without good cause will result in the
withdrawal of TPS. 8 U.S.C.
1254a(c)(3)(C). Aliens who have
previously registered for TPS but whose
applications remain pending should
follow these instructions to renew
temporary treatment benefits. Some
persons who had not previously applied
for TPS may be eligible for late initial
registration under 8 CFR 244.2.
(5) At least 60 days before this
extension ends on September 9, 2006,
the Secretary of DHS, after consultation
with appropriate agencies of the
Government, will review the
designation of El Salvador for TPS and
determine whether the conditions for
designation continue to be met. 8 U.S.C.
1254a(b)(3)(A). Notice of that
determination, including the basis for
the determination, will be published in
the Federal Register. Id.
(6) Information concerning the
extension of designation of El Salvador
for TPS will be available at local USCIS
offices upon publication of this notice
and on the USCIS Web site at https://
uscis.gov.
Dated: December 29, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 05–441 Filed 1–6–05; 8:45 am]
BILLING CODE 4410–10–P
PO 00000
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–4980–N–01]
Federal Property Suitable as Facilities
To Assist the Homeless
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
SUMMARY: This Notice identifies
unutilized, underutilized, excess, and
surplus Federal property reviewed by
HUD for suitability for possible use to
assist the homeless.
EFFECTIVE DATE: January 7, 2005.
FOR FURTHER INFORMATION CONTACT:
Kathy Ezzell, Department of Housing
and Urban Development, Room 7262,
451 Seventh Street SW., Washington,
DC 20410; telephone (202) 708–1234;
TTY number for the hearing- and
speech-impaired (202) 708–2565, (these
telephone numbers are not toll-free), or
call the toll-free Title V information line
at 1–800–927–7588.
SUPPLEMENTARY INFORMATION: In
accordance with the December 12, 1988
court order in National Coalition for the
Homeless v. Veterans Administration,
No. 88–2503–OG (D.D.C.), HUD
publishes a Notice, on a weekly basis,
identifying unutilized, underutilized,
excess and surplus Federal buildings
and real property that HUD has
reviewed for suitability for use to assist
the homeless. Today’s Notice is for the
purpose of announcing that no
additional properties have been
determined suitable or unsuitable this
week.
Dated: December 29, 2004.
Mark R. Johnston,
Director, Office of Special Needs Assistance
Programs.
[FR Doc. 05–92 Filed 1–6–05; 8:45 am]
BILLING CODE 4210–29–M
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–4837–D–56]
Redelegation of Authority Regarding
Local Public Housing Hub Directors/
Public Housing Program Center
Coordinators
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of redelegation of
authority.
AGENCY:
SUMMARY: In this notice, the Assistant
Secretary for Public and Indian Housing
Frm 00047
Fmt 4703
Sfmt 4703
E:\FR\FM\07JAN1.SGM
07JAN1
]]>Agencies
[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Notices]
[Pages 1450-1454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-441]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2337-04]
RIN 1615-ZA15
Extension of the Designation of Temporary Protected Status for El
Salvador; Automatic Extension of Employment Authorization Documentation
for El Salvador TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Temporary Protected Status designation for El Salvador
will expire on March 9, 2005. This notice extends the designation of El
Salvador for 18 months, until September 9, 2006, and sets forth
procedures necessary for nationals of El Salvador (or aliens having no
nationality who last habitually resided in El Salvador) with TPS to re-
register and to apply for an extension of their employment
authorization documents (EADs) for the additional 18-month period. Re-
registration is limited to persons who registered under the initial
designation announced on March 9, 2001 or who filed their first
application for TPS under the late initial registration provisions at 8
CFR 244.2(f)(2) and also timely re-registered under each subsequent
extension of the designation. Eligible aliens also must have maintained
continuous physical presence in the United States since March 9, 2001,
and continuous residence in the United States since February 13, 2001.
Certain nationals of El Salvador (or aliens having no nationality who
last habitually resided in El Salvador) who have not previously applied
for temporary protected status may be eligible to apply under the late
initial registration provisions.
Given the large number of Salvadorans affected by this notice, the
Department of Homeland Security recognizes that many re-registrants may
not receive their new employment authorization documents until after
their current documents expire on March 9, 2005. Accordingly, this
notice automatically extends the validity of employment authorization
documents issued under the temporary protected status designation of El
Salvador for 6 months, until September 9, 2005, and explains how
temporary protected status beneficiaries and their employers may
determine which employment authorization documents are automatically
extended.
EFFECTIVE DATES: The extension of temporary protected status for El
Salvador is effective March 9, 2005, and will remain in effect until
September 9, 2006. The 60-day re-registration period begins January 7,
2005, and will remain in effect until March 8, 2005.
FOR FURTHER INFORMATION CONTACT: Colleen Cook, Residence and Status
Services, Office of Programs and Regulations Development, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529,
telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document.
Act--Immigration and Nationality Act
DHS--Department of Homeland Security
DOS--Department of State
EAD--employment authorization document
INS--Immigration and Naturalization Service
RIC--Resource Information Center
TPS--temporary protected status
USCIS--U.S. Citizenship and Immigration Services
What Authority Does the Secretary of DHS Have To Extend the Designation
of TPS for El Salvador?
On March 1, 2003, the functions of the Immigration and
Naturalization Service (INS) transferred from the Department of Justice
(DOJ) to the Department of Homeland Security (DHS) pursuant to the
Homeland Security Act of 2002, Public Law 107-296. The responsibilities
for administering temporary protected status (TPS) held by the former
INS were transferred to U.S. Citizenship and Immigration Services
(USCIS).
Under section 244 of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a, the Secretary of DHS, after consultation with appropriate
agencies of the Government, is authorized to designate a foreign state
(or part thereof) for TPS. 8 U.S.C. 1254a(b)(1). The Secretary of DHS
may then grant TPS to eligible nationals of that foreign state (or
aliens having no nationality who last habitually resided in that
state). 8 U.S.C. 1254a(a)(1).
At least 60 days before the expiration of the TPS designation or
any extension thereof, section 244(b)(3)(A) of the Act requires the
Secretary of DHS to review, after consultation with appropriate
agencies of the Government, the
[[Page 1451]]
conditions in a foreign state designated for TPS to determine whether
the conditions for a TPS designation continue to be met and, if so, the
length of an extension of the TPS designation. 8 U.S.C. 1254a(b)(3)(A).
If the Secretary of DHS determines that the foreign state no longer
meets the conditions for TPS designation, he shall terminate the
designation, as provided in section 244(b)(3)(B) of the Act. 8 U.S.C.
1254a(b)(3)(B). Finally, if the Secretary of DHS does not determine
that a foreign state (or part thereof) no longer meets the conditions
for designation at least 60 days before the designation is due to end,
section 244(b)(3)(C) of the Act provides for an automatic extension of
TPS for an additional period of 6 months (or, in the discretion of the
Secretary of DHS, a period of 12 or 18 months). 8 U.S.C.
1254a(b)(3)(C).
Why did the Secretary of DHS decide to extend the TPS designation for
El Salvador?
On March 9, 2001, a notice was published in the Federal Register at
66 FR 14214, designating El Salvador for TPS due to the devastation
resulting from a series of severe earthquakes. The designation of El
Salvador for TPS subsequently has been extended twice, with notice of
such determinations published in the Federal Register (67 FR 46000; 68
FR 42071). The most recent extension became effective on September 9,
2003, and is due to end on March 9, 2005.
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in El Salvador. Due to ongoing
reconstruction of infrastructure and housing damaged by the
earthquakes, the Secretary of DHS has determined that an 18-month
extension of the TPS designation is warranted because El Salvador
remains unable, temporarily, to adequately handle the return of its
nationals. 8 U.S.C. 1254a(b)(1)(B). On October 15, 2004, DOS submitted
a memorandum to USCIS recommending the extension of TPS for El Salvador
(the DOS Recommendation).
DOS notes that the 2001 earthquakes damaged or destroyed over
300,000 houses in El Salvador leaving more than 1.5 million people, a
quarter of the country's population, without adequate housing.
According to a report in October 2004 from the USCIS Resource
Information Center (RIC Report), El Salvador's Vice-Ministry of Housing
reported in July 2004 that 102,000 houses had been rebuilt or were
under construction. Id. Construction of another 11,500 houses is due to
begin soon. Id. DOS estimates that almost 50% of the people who lost
housing during the earthquakes are still without permanent shelter.
(DOS Recommendation).
The earthquakes also severely damaged or destroyed over 35% of the
nation's schools. (RIC Report). Significant progress has been made in
school reconstruction. Id. El Salvador's Ministry of Education reported
in February 2004 that five percent of the schools damaged by the
earthquakes still needed to be rebuilt. Id. Nevertheless, over 250
schools still require repair at a cost of approximately $21.7 million.
(DOS Recommendation).
The pace of reconstruction of health infrastructure has been
slower. The earthquakes caused severe damage to 55% of the nation's
health infrastructure. (RIC Report). While the Government of El
Salvador has made significant progress in the reconstruction of health
centers, virtually no progress has been made in the reconstruction of
hospitals. (DOS Recommendation). A World Bank loan for the
reconstruction of hospitals was made available in 2004. Id. The
Government of El Salvador expects to complete hospital reconstruction
in 2007. Id., (RIC Report).
Based upon this review, the Secretary of DHS, after consultation
with appropriate Government agencies, finds that the conditions that
prompted the designation of El Salvador for TPS continue to be met. 8
U.S.C. 1254a(b)(3)(A). There continues to be a substantial, but
temporary, disruption in living conditions in El Salvador as the result
of an environmental disaster, and El Salvador remains unable,
temporarily to handle adequately the return of its nationals. 8 U.S.C.
1254a(b)(1)(B). On the basis of these findings, the Secretary of DHS
concludes that the TPS designation for El Salvador should be extended
for an additional 18-month period. 8 U.S.C. 1254a(b)(3)(C).
If I currently have benefits through the TPS designation of El
Salvador, should I re-register for TPS?
Yes. If you already have received benefits through the TPS
designation of El Salvador, your benefits will expire on March 9, 2005.
Accordingly, individual TPS beneficiaries must comply with the re-
registration requirements described below in order to maintain TPS
benefits through September 9, 2006. TPS benefits include temporary
protection against removal from the United States, as well as
employment authorization, during the TPS designation period. 8 U.S.C.
1254a(a)(1).
If I am currently registered for TPS, how do I re-register under the
extension?
All persons previously granted TPS under the designation of El
Salvador who wish to maintain such status must re-register under the
extension by filing the following: (1) Form I-821, Application for
Temporary Protected Status, without fee; (2) Form I-765, Application
for Employment Authorization (see the chart below to determine whether
you must submit the one hundred and seventy-five dollar ($175) filing
fee with Form I-765); and (3) a biometric service fee of seventy
dollars ($70) if you are 14 or older, or if you are under 14 and
requesting an employment authorization document (EAD). The biometric
service fee will not be waived. 8 CFR 103.2(e)(4)(i), (iii). Unlike
previous registration periods, TPS applicants need not submit
photographs with the TPS application because a photograph will be taken
when the alien appears at an Application Support Center (ASC) for
collection of biometrics. Aliens who have previously registered for TPS
but whose applications remain pending should follow these instructions
if they wish to renew their TPS benefits.
An application submitted without the required fees will be returned
to the applicant. Please note that Form I-821 has been revised and the
new form has a Revision Date of 11/5/04. The previous revision of Form
I-821, with Revision Date 7/30/04, will be accepted through January 3,
2005. Applicants submitting the earlier revision of Form I-821 should
submit their application materials as outlined in this Federal Register
notice. After January 3, 2005, only the new form with Revision Date 11/
05/04 will be accepted. Submissions of older versions of Form I-821
will be rejected. Unlike previous registration periods, all
applications for re-registration and late-initial registration are to
be submitted, with applicable fees, to the USCIS Lockbox in Chicago,
Illinois as outlined in this Federal Register notice, during the 60-day
re-registration period that begins January 7, 2005, and ends March 8,
2005. An interim EAD will not be issued unless the Form I-765, as part
of the TPS registration package, has been pending with USCIS more than
90 days after all requested initial evidence has been received,
including collection of the applicant's biometrics at an ASC. See 8 CFR
103.2(b)(10)(ii) and 8 CFR 274a.13(d).
[[Page 1452]]
Where can I obtain a copy of the new Form I-821 dated 11/5/04?
TPS forms are available from the toll-free USCIS Forms line, 1-800-
870-3676, from your local USCIS district office, or from the USCIS Web
site: https://uscis.gov.
Who must submit the $175 filing fee for the Form I-765?
Although all re-registrants must submit the Form I-765, those re-
registrants and aliens renewing an EAD, regardless of age, must submit
the $175 filing fee or a properly documented fee waiver request
pursuant to 8 CFR 244.20. Persons between the ages of 14 and 65
(inclusive) filing under the late initial registration provisions who
are requesting an EAD must also submit the $175 fee or a fee waiver
request pursuant to 8 CFR 244.20. Aliens who are submitting Form I-765
only for data-gathering purposes (as explained in the chart below) are
not required to submit a $175 filing fee, nor are they required to
submit a fee waiver request.
------------------------------------------------------------------------
If: Then:
------------------------------------------------------------------------
You are re-registering for or renewing a You must complete and file
TPS-related EAD, regardless of your age. the Form I-765, Application
for Employment
Authorization, with the $175
fee or a fee waiver request
in accordance with 8 CFR
244.20.
You are not requesting an EAD............ You must complete and file
Form I-765 (for data-
gathering purposes only)
with no fee.\1\
You are applying for a TPS-related EAD You must complete and file
under the late initial registration Form I-765 (for data-
provisions and are under age 14 or over gathering purposes only)
age 65. with no fee.
------------------------------------------------------------------------
\1\ An applicant who does not want an EAD does not need to submit the
$175 fee, but must complete and submit Form I-765 for data-gathering
purposes.
Who must submit the $70 biometric service fee?
All aliens 14 years of age and older who are re-registering for
TPS, renewing temporary treatment benefits, or late initial registering
must submit the $70 biometric service fee. In addition, any applicant
under the age of 14 choosing to apply for an EAD must submit the $70
biometric service fee, as a photograph, signature, and fingerprint are
required to produce the EAD. The biometric service fee will not be
waived. 8 CFR 103.2(e)(4)(i), (iii).
Where should an applicant submit his or her application to re-register,
late initial register, or renew temporary treatment benefits?
If you are re-registering and have previously filed with the
Vermont Service Center, the Form I-821, Form I-765, fees, and all
supporting documentation should be filed at the USCIS Chicago Lockbox
at: U.S. Citizenship and Immigration Services, P.O. Box 6943, Chicago,
IL 60680-6943.
Or, for non-United States Postal Service (USPS) deliveries: U.S.
Citizenship and Immigration Services, Attn: TPS/VSC, 427 S. LaSalle--
3rd Floor, Chicago, IL 60605.
If you are re-registering and have previously filed with either the
California Service Center, Texas Service Center, or Nebraska Service
Center or if you are filing a late initial registration, the Form I-
821, Form I-765, fees, and all supporting documentation should be filed
at the USCIS Chicago Lockbox at: U.S. Citizenship and Immigration
Services, Attn: TPS El Salvador, P.O. Box 87583, Chicago, IL 60680-
0583.
Or, for non-United States Postal Service (USPS) deliveries: U.S.
Citizenship and Immigration Services, Attn: TPS El Salvador, 427 S.
LaSalle--3rd Floor, Chicago, IL 60605.
Please note that this is not the location where you have submitted
your forms during previous re-registration periods. Also, there are two
different P.O. Boxes listed. Failure to use the appropriate P.O. Box
may delay processing your TPS application. Aliens re-registering or
late initial registering for TPS under the designation of El Salvador
should not send their TPS forms and fees directly to a USCIS Service
Center or district office. Failure to follow these instructions may
delay processing of your TPS application.
Aliens re-registering for TPS under the designation of El Salvador
during the re-registration period from January 7, 2005, to March 8,
2005, may file the Form I-821, I-765 and fees electronically by using
E-filing at the USCIS Web site, www.uscis.gov. In order to properly re-
register using E-filing, aliens must start the electronic filing with
Form I-821, and the system will then link the alien to Form I-765 once
Form I-821 is complete. Aliens re-registering for TPS after March 8,
2005, or aliens late initial registering may not file electronically,
and must send their application materials to the USCIS Chicago Lockbox.
Failure to follow these instructions may result in an incomplete filing
and delay processing of your TPS application.
Who is eligible to receive an automatic extension of his or her EAD
from March 9, 2005 to September 9, 2005?
To receive an automatic extension of his or her EAD, an individual
must be a national of El Salvador (or an alien having no nationality
who last habitually resided in El Salvador) who has applied for and
received an EAD under the TPS designation of El Salvador and who has
not had TPS withdrawn or denied. This automatic extension is limited to
EADs issued on either Form I-766, Employment Authorization Document, or
Form I-688B, Employment Authorization Card, bearing an expiration date
of March 9, 2005. The EAD must also be either (1) a Form I-766 bearing
the notation ``A-12'' or ``C-19'' on the face of the card under
``Category'' or (2) a Form I-688B bearing the notation
``274a.12(a)(12)'' or ``274a.12(c)(19)'' on the face of the card under
``Provision of Law.''
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9, Employment Eligibility Verification?
For completion of the Form I-9 at the time of hire or re-
verification, qualified individuals who have received a 6 month
extension of their EADs by virtue of this Federal Register notice may
present to their employer a TPS-based EAD as proof of identity and
employment authorization until September 9, 2005. To minimize confusion
over this extension at the time of hire or re-verification, qualified
individuals may also present to their employer a copy of this Federal
Register notice regarding the automatic extension of employment
authorization documentation to September 9, 2005. In the alternative,
any legally acceptable document or combination of documents listed in
List A, List B, or List C of the
[[Page 1453]]
Form I-9 may be presented as proof of identity and employment
eligibility; it is the choice of the employee.
How may employers determine whether an EAD has been automatically
extended through September 9, 2005 and is therefore acceptable for
completion of the Form I-9?
For purposes of verifying identity and employment eligibility or
re-verifying employment eligibility on the Form I-9 until September 9,
2005, employers of Salvadoran TPS beneficiaries whose EADs have been
automatically extended by this notice must accept such EAD if
presented. An EAD that has been automatically extended by this notice
to September 9, 2005 will actually contain an expiration date of March
9, 2005, and must be either (1) a Form I-766 bearing the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category,'' or (2) a
Form I-688B bearing the notation ``274a.12(a)(12)'' or
``274a.12(c)(19)'' on the face of the card under ``Provision of Law.''
New EADs or extension stickers showing the September 9, 2005 expiration
date will not be issued.
Employers should not request proof of Salvadoran citizenship.
Unless put on notice that an employee is unauthorized to work,
employers presented with an EAD that has been extended pursuant to this
Federal Register notice, if it appears to be genuine and appears to
relate to the employee, should accept the EAD as a valid ``List A''
document and should not ask for additional Form I-9 documentation. This
action by the Secretary of DHS through this Federal Register notice
does not affect the right of an employee to present any legally
acceptable document as proof of identity and eligibility for
employment.
Employers are reminded that the laws prohibiting unfair
immigration-related employment practices remain in full force and that
this notice does not supersede or in any way limit applicable
employment verification rules and policy guidance. For questions,
employers may call the USCIS Office of Business Liaison Employer
Hotline at 1-800-357-2099 to speak to a USCIS representative. Also,
employers may call the U.S. Department of Justice Office of Special
Counsel for Immigration Related Unfair Employment Practices (OSC)
Employer Hotline at 1-800-255-8155 or 1-800-362-2735 (TDD). Employees
or applicants may call the OSC Employee Hotline at 1-800-255-7688 or 1-
800-237-2515 (TDD) for information regarding the automatic extension.
Additional information is available on the OSC Web site at https://
www.usdoj.gov/crt/osc/.
Does TPS lead to lawful permanent residence?
No. TPS is a temporary benefit that does not lead to lawful
permanent residence or by itself confer any other immigration status. 8
U.S.C. 1254a(e), (f)(1), (h). When a country's TPS designation is
terminated, TPS beneficiaries will maintain the same immigration status
they held prior to TPS (unless that status has since expired or been
terminated), or any other status they may have acquired while
registered for TPS. Accordingly, if an alien held no lawful immigration
status prior to being granted TPS and did not obtain any other status
during the TPS period, he or she will revert to unlawful status upon
the termination of the TPS designation. Once the Secretary determines
that a TPS designation should be terminated, aliens who had TPS under
that designation are expected to plan for their departure from the
United States and may wish to apply for immigration benefits for which
they may be eligible.
May I apply for another immigration benefit while registered for TPS?
Yes. Registration for TPS does not prevent you from applying for
another non-immigrant status, from filing for adjustment of status
based on an immigrant petition, or from applying for any other
immigration benefit or protection. 8 U.S.C. 1254a(a)(5). For the
purposes of change of nonimmigrant status and adjustment of status, an
alien is considered as being in, and maintaining, lawful status as a
nonimmigrant during the period in which the alien is granted TPS. 8
U.S.C. 1254a(f)(4).
How does an application for TPS affect my application for asylum or
other immigration benefits?
An application for TPS does not affect an application for asylum or
any other immigration benefit. Denial of an application for asylum or
any other immigration benefit does not affect an applicant's TPS
eligibility, although the grounds for denying one form of relief may
also be grounds for denying TPS. For example, a person who has been
convicted of a particularly serious crime is not eligible for asylum or
TPS. 8 U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. 1254a(c)(2)(B)(ii).
Does this extension allow nationals of El Salvador (or aliens having no
nationality who last habitually resided in El Salvador) who entered the
United States after February 13, 2001, to file for TPS?
No. This is a notice of an extension of the TPS designation of El
Salvador, not a notice re-designating El Salvador for TPS. An extension
of a TPS designation does not change the required dates of continuous
residence and continuous physical presence in the United States. This
extension does not expand TPS availability to those beyond the current
TPS eligibility requirements for El Salvador. To be eligible for
benefits under this extension, nationals of El Salvador (or aliens
having no nationality who last habitually resided in El Salvador) must
have continuously resided in the United States since February 13, 2001,
and been continuously physically present in the United States since
March 9, 2001, the date of the initial designation of TPS for El
Salvador.
Are certain aliens ineligible for TPS?
Yes. There are certain criminal and terrorism-related
inadmissibility grounds that render an alien ineligible for TPS. 8
U.S.C. 1254a(c)(2)(A)(iii). Further, aliens who have been convicted of
any felony, or two or more misdemeanors, committed in the United States
are ineligible for TPS under section 244(c)(2)(B) of the Act, 8 U.S.C.
1254a(c)(2)(B), as are aliens described in the bars to asylum in
section 208(b)(2)(A) of the Act, 8 U.S.C. 1158(b)(2)(A).
What is late initial registration?
Some persons may be eligible for late initial registration under 8
U.S.C. 1254a(c)(1)(A)(iv) and 8 CFR 244.2(f)(2) and (g). To apply for
late initial registration an applicant must:
(1) Be a national of El Salvador (or alien who has no nationality
and who last habitually resided in El Salvador);
(2) Have continuously resided in the United States since February
13, 2001;
(3) Have been continuously physically present in the United States
since March 9, 2001; and
(4) Be both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not ineligible under section
244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate that during
the initial registration period (from March 9, 2001 to September 9,
2002), he or she:
(1) Was a nonimmigrant or had been granted voluntary departure or
any relief from removal;
[[Page 1454]]
(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal or change of
status pending or subject to further review or appeal;
(3) Was a parolee or had a pending request for reparole; or
(4) Is the spouse or child of an alien currently eligible to be a
TPS registrant.
An applicant for late initial registration must file an application
for late registration no later than 60 days after the expiration or
termination of the conditions described above. 8 CFR 244.2(g). All late
initial registration applications for TPS pursuant to the TPS extension
of El Salvador should be submitted to the USCIS Chicago Lockbox.
What happens when this extension of TPS expires on September 9, 2006?
At least 60 days before this extension of TPS designation for El
Salvador expires on September 9, 2006, the Secretary of DHS, after
consultation with appropriate agencies of the Government, will review
conditions in El Salvador and determine whether the conditions for TPS
designation continue to be met at that time, or whether the TPS
designation should be terminated. 8 U.S.C. 1254a(b)(3). Notice of that
determination, including the basis for the determination, will be
published in the Federal Register.
Notice of Extension of Designation of TPS for El Salvador
By the authority vested in DHS under sections 244(b)(1)(B),
(b)(3)(A), and (b)(3)(C) of the Act, DHS has determined, after
consultation with the appropriate Government agencies, that the
conditions that prompted designation of El Salvador for TPS continue to
be met. Accordingly, DHS orders as follows:
(1) The designation of El Salvador under section 244(b)(1)(B) of
the Act is extended for an additional 18-month period from March 9,
2005, to September 9, 2006. 8 U.S.C. 1254a(b)(3)(C).
(2) There are approximately 248,282 nationals of El Salvador (or
aliens having no nationality who last habitually resided in El
Salvador) who have been granted TPS and who are eligible for re-
registration.
(3) To maintain TPS, a national of El Salvador (or an alien having
no nationality who last habitually resided in El Salvador) who was
granted TPS during the initial designation period (or through late
initial registration) and who re-registered during the subsequent
extensions of this designation, must re-register for TPS during the 60-
day re-registration period from January 7, 2005, until March 8, 2005.
(4) To re-register, the alien must file the following: (1) Form I-
821, Application for Temporary Protected Status, without fee; (2) Form
I-765, Application for Employment Authorization; and (3) a biometric
services fee of seventy dollars ($70) if the alien is age 14 or older,
or if the alien is under age 14 and requesting an employment
authorization document. Applications submitted without the required
fees will be returned to the applicant. If the alien requests an EAD,
he or she must submit one hundred and seventy-five dollars ($175) or a
properly documented fee waiver request, pursuant to 8 CFR 244.20, with
the Form I-765. An alien who does not request employment authorization
must still file Form I-765 along with Form I-821, but he or she is not
required to submit the fee or a fee waiver request for filing Form I-
765. Failure to re-register without good cause will result in the
withdrawal of TPS. 8 U.S.C. 1254a(c)(3)(C). Aliens who have previously
registered for TPS but whose applications remain pending should follow
these instructions to renew temporary treatment benefits. Some persons
who had not previously applied for TPS may be eligible for late initial
registration under 8 CFR 244.2.
(5) At least 60 days before this extension ends on September 9,
2006, the Secretary of DHS, after consultation with appropriate
agencies of the Government, will review the designation of El Salvador
for TPS and determine whether the conditions for designation continue
to be met. 8 U.S.C. 1254a(b)(3)(A). Notice of that determination,
including the basis for the determination, will be published in the
Federal Register. Id.
(6) Information concerning the extension of designation of El
Salvador for TPS will be available at local USCIS offices upon
publication of this notice and on the USCIS Web site at https://
uscis.gov.
Dated: December 29, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 05-441 Filed 1-6-05; 8:45 am]
BILLING CODE 4410-10-P
