Extension of the Designation of Temporary Protected Status for Honduras; Automatic Extension of Employment Authorization Documentation for Honduras TPS Beneficiaries, 16328-16333 [E6-4685]
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16328
Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Notices
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
Records in the system will be stored
in a central computer database.
RETRIEVABILITY:
Records in the system are indexed
and retrieved by an individual’s alien
number, name, case information (such
as hearing location and type of hearing),
and other criteria that can identify an
individual in proceedings in a court or
adjudicative body before which ICE or
the DHS is authorized to appear.
SAFEGUARDS:
ICE offices are located in buildings
under security guard, and access to
premises is by official identification. All
electronic records are stored in systems
that are in offices that are locked during
non-duty office hours. Access to
electronic records is controlled by
passwords and name identification and
access to this system is monitored. The
system is protected through a multilayer security approach. The protective
strategies are physical, technical,
administrative and environmental in
nature and provide access control to
sensitive data, physical access control to
DHS facilities, confidentiality of
communications, authentication of
sending parties, and personnel
screening to ensure that all personnel
with access to data are screened through
background investigations
commensurate with the level of access
required to perform their duties.
RETENTION AND DISPOSAL:
The retention and disposal
requirements for the GEMS database are
pending approval by the National
Archives and Records Administration.
SYSTEM MANAGER(S) AND ADDRESS:
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The System Manager is located in the
Office of the Principal Legal Advisor,
Chief of the Knowledge Management
Division, 425 I Street NW., Washington,
DC 20536.
may write to the Freedom of
Information Act/Privacy Act (FOIA/PA)
officer at the Immigration and Customs
Enforcement, Information Disclosure
Office, 425 I Street, NW., Washington,
DC 20536. Requests should conform to
the requirements of 6 CFR part 5,
subpart B, which provides the rules for
requesting access to Privacy Act records
maintained by DHS, including the
following: The envelope and letter
should be clearly marked ‘‘Privacy Act
Access Request.’’ The request should
include a general description of the
records sought and must include the
requester’s full name, current address,
and date and place of birth. The request
must be signed and either notarized or
submitted under penalty of perjury. The
envelope and letter shall be clearly
marked Privacy Access Request. The
request must include a description of
the general subject matter, the related
file number if known, and any other
identifying information that may be of
assistance in locating the record.
CONTESTING RECORDS PROCEDURES:
Same as ‘‘Record Notification
Procedures’’ above.
RECORD SOURCE CATEGORIES:
The information in this system is
supplied by attorneys and others
providing legal support to ICE for the
adjudication of cases. Other information
in this system is derived from the alien
file maintained on individuals, and may
include investigative material that
provides the basis for the legal
proceedings.
EXEMPTIONS CLAIMED FOR THIS SYSTEM:
The Secretary has exempted this
system from subsections (c)(3) and (4),
(d), (e)(1), (2), and (3), (e)(4)(G) and (H),
(e)(5) and (8), and (g) of the Privacy Act.
These exemptions apply only to the
extent that records in the system are
subject to exemption pursuant to 5
U.S.C. Sections 552a (j)(2) and (k)(1) and
(k)(2).
Dated: March 23, 2006.
Maureen Cooney,
Acting Chief Privacy Officer.
[FR Doc. E6–4699 Filed 3–30–06; 8:45 am]
BILLING CODE 4410–10–P
NOTIFICATION PROCEDURE:
Address all inquiries to the system
manager identified above.
RECORD ACCESS PROCEDURE:
To determine whether this system
contains records relating to you, you
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2374–05; USCIS–2006–0002]
RIN 1615—ZA32
Extension of the Designation of
Temporary Protected Status for
Honduras; Automatic Extension of
Employment Authorization
Documentation for Honduras TPS
Beneficiaries
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice of extension of
temporary protected status for
Honduras.
AGENCY:
SUMMARY: The designation of Honduras
for Temporary Protected Status (TPS)
will expire on July 5, 2006. This Notice
alerts the public that TPS for Honduras
has been extended for 12 months, until
July 5, 2007, and sets forth procedures
necessary for nationals of Honduras (or
aliens having no nationality who last
habitually resided in Honduras) with
TPS to re-register and to apply for an
extension of their Employment
Authorization Documents (EADs) for the
additional 12-month period. Reregistration is limited to persons who
registered under the initial designation
(which was announced on January 5,
1999) or who ‘‘late initial registered’’
and also timely re-registered under each
subsequent extension of the designation.
In accordance with the original
designation, eligible aliens must also
have maintained continuous physical
presence in the United States since
January 5, 1999, and continuous
residence in the United States since
December 30, 1998. Certain nationals of
Honduras (or aliens having no
nationality who last habitually resided
in Honduras) who have not previously
applied for TPS may be eligible to apply
under the late initial registration
provisions.
Given the large number of Hondurans
affected by this Notice, the Department
of Homeland Security (DHS) recognizes
that many re-registrants may not receive
an extension sticker or new EAD until
after their current EADs expire on July
5, 2006. Accordingly, this Notice
automatically extends the validity of
EADs issued under the TPS designation
of Honduras for 6 months until January
5, 2007, and explains how TPS
beneficiaries and their employers may
determine which EADs are
automatically extended.
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Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Notices
The extension of TPS for
Honduras is effective July 5, 2006, and
will remain in effect until July 5, 2007.
The 60-day re-registration period begins
April 1, 2006, and will remain in effect
until June 1, 2006. To facilitate
processing of their applications,
applicants are strongly encouraged to
file as soon as possible after the start of
the 60-day re-registration period (April
1, 2006).
FOR FURTHER INFORMATION CONTACT:
Jonathan Crawford, 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)
272–8350. This is not a toll-free call.
SUPPLEMENTARY INFORMATION:
DATES:
Abbreviations and Terms Used in This
Document
Act—Immigration and Nationality Act
ASC—USCIS Application Support
Center
DHS—Department of Homeland
Security
DOS—Department of State
EAD—Employment Authorization
Document
Secretary—Secretary of Homeland
Security
TPS—Temporary Protected Status
USCIS—U.S. Citizenship and
Immigration Services
dsatterwhite on PROD1PC76 with NOTICES
What authority does the Secretary of
Homeland Security have to extend the
designation of TPS for Honduras?
Under section 244 of the Immigration
and Nationality Act (Act), 8 U.S.C.
1254a, the Secretary, 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)(A).
At least 60 days before the expiration
of the TPS designation, or any extension
thereof, the Secretary, after
consultations with appropriate agencies
of the Government, must review the
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
determines that the foreign state no
longer meets the conditions for the TPS
designation, he must terminate the
designation. 8 U.S.C. 1254a(b)(3)(B).
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Why did the Secretary of Homeland
Security decide to extend the TPS
designation for Honduras?
On January 5, 1999, the Attorney
General published a Notice in the
Federal Register at 64 FR 524,
designating Honduras for TPS due to the
devastation resulting from Hurricane
Mitch. Subsequent to that date, the
Attorney General and the Secretary of
Homeland Security have extended TPS
for Honduras five times, determining in
each instance that the conditions
warranting the designation continued to
be met. 65 FR 30438, 66 FR 23269, 67
FR 22451, 68 FR 23744, 69 FR 64084.
To notify individuals of the current
extension, the Secretary published a
Notice in the Federal Register on
November 3, 2004, at 69 FR 64084. That
extension became effective on January 5,
2005, and is due to end on July 5, 2006.
Since the date of the current
extension, DHS and the Department of
State (DOS) have continued to review
conditions in Honduras. In particular,
the Secretary of Homeland Security
considered whether there continues to
be a substantial, but temporary,
disruption of living conditions in
Honduras resulting from Hurricane
Mitch and that Honduras is unable,
temporarily, to adequately handle the
return of its nationals, as required for
TPS designations based on
environmental disasters. 8 U.S.C.
1254a(b)(1)(B)(i–iii).
The DOS Recommendation of
February 2006 (‘‘DOS
Recommendation’’) reports that
conditions that initially gave rise to the
designation continue to exist and that
Honduras cannot provide adequate
housing for its nationals currently
residing in the U.S. and has yet to
recover fully from Hurricane Mitch. The
USCIS Office of Refugee, Asylum, and
International Operations Report of
February 2006 (‘‘ORAIO Report’’)
indicates that although a number of the
reconstruction projects in Honduras
have been completed, some of the
projects are still incomplete.
The housing shortage is a critical
deficiency when considering whether
Honduras could adequately handle the
return of its nationals currently living in
the United States under TPS (DOS
Recommendation). Housing
construction was not completed in
many areas and in those cases that
required relocation, infrastructure, and
personnel for health and education
services, as well as employment
opportunities, was reported to be
unavailable (ORAIO Report).
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More recently, Honduras was
devastated by Hurricane Beta and other
serious storms in 2005 (DOS
Recommendation). Honduras’
continuing vulnerability from Hurricane
Mitch was evident when Hurricane Beta
flooded the northeastern departments of
Honduras in October 2005 (ORAIO
Report). Roads and many key bridges
have been destroyed, hampering
additional recovery efforts (DOS
Recommendation). Hurricane Beta
affected approximately 50 communities,
causing the displacement of 11,000
Hondurans, evacuation of 7,600 to
temporary shelters (DOS
Recommendation) and damage to
bridges and crops (ORAIO Report).
Based upon this review, the Secretary
of Homeland Security, after consultation
with appropriate Government agencies,
determined that the conditions that
prompted designation of Honduras for
TPS continue to be met. See 8 U.S.C.
1254a(b)(3)(A) (describing procedures
for periodic review of TPS
designations). There continues to be a
substantial, but temporary, disruption in
living conditions in Honduras as the
result of an environmental disaster, and
Honduras continues to be unable,
temporarily, to handle adequately the
return of its nationals. See 8 U.S.C.
1254a(b)(1)(B) (describing conditions
that justify TPS designation). On the
basis of these findings, the Secretary
concluded that the TPS designation for
Honduras should be extended for an
additional 12-month period. See 8
U.S.C. 1254a(b)(3)(C) (providing the
Secretary of Homeland Security with
discretion to determine the length of an
extension).
If I currently have benefits through the
TPS designation of Honduras for TPS,
do I need to re-register for TPS?
Yes. If you already have received TPS
benefits through the TPS designation of
Honduras, your benefits will expire on
July 5, 2006. Accordingly, individual
TPS beneficiaries must comply with the
re-registration requirements described
below in order to maintain TPS benefits
through July 5, 2007. 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) and 1254a(f). Failure to reregister without good cause will result
in the withdrawal of your temporary
protected status and possibly your
removal from the United States. 8 U.S.C.
1254a(c)(3)(C).
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If I am currently registered for TPS or
have a pending application for TPS,
how do I re-register to renew my
benefits for the duration of the
extension period?
All persons previously granted TPS
under the designation of Honduras who
would like to maintain such status and
those whose applications remain
pending but who wish to renew their
benefits must re-register 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
eighty dollar ($180) filing fee with Form
I–765, or a fee waiver request);
(3) A biometric services fee of seventy
dollars ($70) if you are 14 years of age
or older, or if you are under 14 and
requesting an EAD extension. The
biometric services fee will not be
waived. 8 CFR 103.2(e)(4)(i), (iii).
(4) A photocopy of the front and back
of your EAD if you received an EAD
during the most recent registration
period.
You do not need to submit
photographs with your TPS application
because a photograph will be taken, if
needed, when you appear at a USCIS
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. All TPS re-registration
applications submitted without the
required fees will be returned to the
applicant.
What edition of the Form I–821 should
be submitted?
Form I–821 has been revised. Only
the Form I–821 with revision dates of
November 5, 2004, or October 26, 2005,
will be accepted. The bottom of each
page of the revised form reads, ‘‘Form I–
821 (Rev. 11/05/04)N’’ or ‘‘Form I–821
(Rev. 10/26/05)Y.’’ Submissions of older
versions of Form I–821 will be rejected.
You may obtain immigration forms on
the Internet at https://uscis.gov or by
calling the USCIS forms hotline at 1–
800–870–3676.
Who must submit the $180 filing fee for
the Form I–765, Application for
Employment Authorization?
If
Then
You are applying for an extension of your EAD valid until July 31, 2007,
regardless of your age.
You are not requesting an extension of your EAD ..................................
You must complete and file the Form I–765, Application for Employment Authorization, with the $180 fee.
You must complete and file Form I–765 (for data-gathering purposes
only) with no fee.
You must complete and file Form I–765 (for data-gathering purposes
only) with no fee.
You must complete and file: (1) Form I–765 and (2) a fee waiver request and affidavit (and any other supporting information) in accordance with 8 CFR 244.20.
You are applying for a TPS-related EAD under the late initial registration provisions and are under age 14 or over age 65.
You are applying for an extension of your EAD and are requesting a
fee waiver.
Who must submit the $70 biometric
services fee?
Where should an applicant submit his
or her application for TPS?
The $70 biometric services fee must
be submitted by all aliens 14 years of
age and older who (1) have previously
been granted TPS and are now reregistering for TPS; (2) have an initial
application for TPS currently pending,
have an EAD bearing the notification
‘‘C–19’’ on the face of the card under
‘‘Category’’ or ‘‘274a.12(c)(19)’’ on the
face of the card under ‘‘Provision of
Law,’’ and wish to renew temporary
treatment benefits; or (3) are applying
for TPS under the late initial registration
provisions. In addition, any alien,
including one who is under the age of
14, choosing to apply for a new EAD or
an extension of an EAD must submit the
$70 biometric services fee. This
biometric services fee will not be
waived. 8 CFR 103.2(e)(4)(i), (iii).
USCIS has designated two post office
(P.O.) boxes with the Chicago Lockbox
for the filing of TPS applications under
this extension in order to facilitate
efficient processing. Please note that
applications should only be filed at the
appropriate P.O. Box and should not be
filed with a USCIS Service Center or
District Office. Failure to submit a TPS
application to the correct P.O. Box may
result in a delay of adjudication. In
addition, applicants will not be able to
file their applications electronically (‘‘Efile’’) for this designation.
The type of TPS filing the applicant
has to submit will determine the P.O.
Box he or she must use to file; see below
for instructions as to which of the two
P.O. Boxes to utilize. Failure to file your
application with the correct P.O. Box
may result in a delay of the processing
of your application.
1. Applications for re-registration that
do not require the submission of
additional documentation or a renewal
of temporary treatment benefits must be
filed at this address: 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
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When should an applicant submit his
or her application for TPS?
Applications must be filed during the
60-day re-registration period from April
1, 2006 to June 1, 2006. Applicants are
strongly encouraged to file the
application as soon as possible after the
start of the 60-day re-registration period.
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Immigration Services, Attn: TPS—
Honduras, 427 S. LaSalle—3rd Floor,
Chicago, IL 60605.
2. Aliens who are filing applications
for re-registration that require the
submission of supporting
documentation or are filing for the first
time as a late initial registrant must use
the address below. Applications for reregistration require the submission of
supporting documentation under the
following circumstances:
(A) If one or more of the questions
listed in Part 4, Question 2 of Form I–
821 apply to the alien, then the
submission of an explanation, on a
separate sheet(s) of paper, and/or
additional documentation must be
provided.
(B) If the alien was granted TPS by an
Immigration Judge or the Board of
Immigration Appeals, then the alien
must include evidence of the grant of
TPS (such as an order from the
Immigration Judge) with his or her
application package.
Aliens who are filing a re-registration
application that requires the submission
of additional documentation or for the
first time as a late initial registrant
should file at the P.O. Box listed below:
U.S. Citizenship and Immigration
Services, P.O. Box 8631, Chicago, IL
60680–8631. Or, for non-United States
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Postal Service (USPS) deliveries: U.S.
Citizenship and Immigration Services,
Attn: TPS—Honduras—[EOIR/
Additional Documents] or [Late Initial
Registrant], 427 S. LaSalle—3rd Floor,
Chicago, IL 60605.
Note: Make sure to use either EOIR/
Additional Documents or Late Initial
Registrant on the ‘‘Attn:’’ line, after
Honduras, above.
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)(i) of the Act, 8
U.S.C. 1254a(c)(2)(B)(i), 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), 8 U.S.C.
1254a(c)(2)(B)(ii). Aliens should also
note that an individual granted TPS will
have his/her TPS withdrawn if the alien
is not in fact eligible for TPS, if an alien
fails to timely re-register for TPS
without good case, or if the alien fails
to maintain continuous physical
presence in the United States. 8 U.S.C.
1254a(c)(3)(A)–(C).
Who is eligible to receive an automatic
extension of his or her EAD from July
5, 2006 to January 5, 2007?
To receive an automatic extension of
his or her EAD, an individual must be
a national of Honduras (or an alien
having no nationality who last
habitually resided in Honduras) who
has applied for and received an EAD
under the TPS designation of Honduras
and who has not had TPS withdrawn or
denied. This automatic extension is
limited to EADs issued on Form I–766,
Employment Authorization Document,
bearing an expiration date of July 5,
2006. The EAD must also be a Form I–
766 bearing the notation ‘‘A–12’’ or ‘‘C–
19’’ on the face of the card under
‘‘Category’’.
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If I am currently registered for TPS
under the designation of Honduras and
am re-registering for TPS, how do I
receive an extension of my EAD after
the 6 months granted by the automatic
extension?
As a TPS re-registrant you will receive
a notice in the mail with instructions to
appear at an ASC for biometrics
collection. When you report to the ASC,
you must bring your receipt notice for
your re-registration application, ASC
appointment notice, and current EAD.
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When you appear at an ASC for
biometrics collection, USCIS will either
affix a sticker to your current EAD
extending the validity of the card
through the end of July 2007 or advise
you that your case requires further
resolution. If your case requires further
resolution, USCIS will contact you in
writing to explain what additional
information, if any, is necessary to
resolve your case. If those issues are
resolved and your re-registration
application is approved, you will
receive a new EAD in the mail with an
expiration date of July 31, 2007. Because
the extension stickers include only the
month and year, rather than a specific
date, all EADS extended by sticker or
issued anew pursuant to this extension
of the TPS designation for Honduras
will be valid through July 31, 2007.
Will I receive a new EAD in the mail
if I am given an extension sticker at the
ASC?
No. Because the sticker affixed to your
card at the ASC will extend the validity
of your current EAD through July 2007
there will be no need for you to obtain
additional employment authorization
documentation during the remainder of
this extension of the designation of
Honduras for TPS.
If I am not eligible to receive a sticker
extending my EAD, can I receive an
interim EAD at my local District Office?
No. USCIS will not be issuing interim
EADs to TPS applicants and reregistrants at District Offices.
How may employers determine whether
an EAD has been automatically
extended for six months through
January 5, 2007, 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 January 5, 2007, employers of
Honduran TPS beneficiaries whose
EADs have been automatically extended
by this Notice must accept the EAD if
presented. An EAD that has been
automatically extended for six months
by this Notice to January 5, 2007, will
actually contain an expiration date of
July 5, 2006, and must be a Form I–766
bearing the notation ‘‘A–12’’ or ‘‘C–19’’
on the face of the card under
‘‘Category.’’ New EADs or extension
stickers showing the January 5, 2007,
expiration date of the six-month autoextension will not be issued.
Employers should not request proof of
Honduran citizenship. Employers
presented with an EAD that has been
extended pursuant to this Federal
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Register Notice, if it reasonably appears
on its face 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 Homeland Security through
this Federal Register Notice does not
affect the right of an applicant for
employment or an employee to present
any legally acceptable document as
proof of identity and eligibility for
employment.
Employers are reminded that the laws
requiring employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
Notice does not supersede or in any way
limit applicable employment
verification rules and policy guidance,
including those setting forth reverification requirements, see 8 CFR
274a.2(b)(1)(vii) . 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/.
How may employers determine an
employee’s eligibility for employment
once the automatic extension has
expired, between January 6, 2007, and
the end of the TPS extension on July 5,
2007?
Eligible TPS aliens will possess either
an EAD with an expiration date of July
31, 2007, or an EAD with an expiration
date of July 5, 2006 and a sticker affixed
to it extending the validity of the EAD
through July 2007. In either case, the
EAD will be a Form I–766 bearing the
notation ‘‘A–12’’ or ‘‘C–19’’ on the face
of the card under ‘‘Category.’’ Either of
these EADs must be accepted for the
purposes of verifying identity and
employment authorization. Employers
are reminded that the laws requiring
employment eligibility verification and
prohibiting unfair immigration-related
employment practices remain in full
force, as described above.
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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?
During the first 6 months of this
extension of the TPS designation for
Honduras, employees may submit the
following to their employer for
completion of the Form I–9 at the time
of hire or re-verification. Qualified
individuals who have received a 6month extension of their EADs by virtue
of this Federal Register Notice may
present a TPS-based EAD to their
employer, as described above as proof of
identity and employment authorization
until January 5, 2007. To minimize
confusion over this extension at the
time of hire or re-verification, qualified
individuals may also present a copy of
this Federal Register Notice regarding
the automatic extension of employment
authorization documentation to January
5, 2007.
After the first six months of TPS
employment authorization for this
designation extension, and continuing
until the end of the extension period,
July 5, 2007, a qualified individual will
receive one of the following as evidence
of employment authorization: a sticker
affixed to the EAD extending the
validity of the EAD through July 2007,
or a new EAD valid through July 31,
2007. Either an EAD with the extension
sticker or a newly issued EAD may be
presented as evidence of employment
authorization.
In the alternative, any legally
acceptable document or combination of
documents listed in List A, List B, or
List C of the Form I–9 may be presented
as proof of identity and employment
eligibility; it is the choice of the
employee.
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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 by itself or 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
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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 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
Honduras (or aliens having no
nationality who last habitually resided
in Honduras) who entered the United
States after December 30, 1998, to file
for TPS?
No. This is a Notice of an extension
of TPS, not a Notice of re-designation of
TPS for Honduras. An extension of TPS
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 of
Honduras. To be eligible for benefits
under this extension, nationals of
Honduras (or aliens having no
nationality who last habitually resided
in Honduras) must have continuously
resided in the United States since
December 30, 1998, and been
continuously physically present in the
United States since January 5, 1999, the
date of the most recent designation of
TPS for Honduras.
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Sfmt 4703
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). In order to be eligible for late
initial registration an applicant must:
(1) Be a national of Honduras (or alien
who has no nationality and who last
habitually resided in Honduras);
(2) Have continuously resided in the
United States since December 30, 1998;
(3) Have been continuously physically
present in the United States since
January 5, 1999; 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 January
5, 1999 to August 20, 1999), he or she:
(1) Was a nonimmigrant or had been
granted voluntary departure status or
any relief from removal;
(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 designation of Honduras, should be
submitted to the aforementioned
Lockbox address in Chicago, Illinois.
What happens when this extension of
TPS expires on July 5, 2007?
At least 60 days before this extension
of TPS designation of Honduras expires
on July 5, 2007, the Secretary of
Homeland Security, after consultation
with appropriate agencies of the
Government, will review conditions in
Honduras 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 Honduras
By the authority vested in DHS under
sections 244(b)(1)(B), (b)(3)(A), and
(b)(3)(C) of the Act, DHS has
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Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Notices
determined, after consultation with the
appropriate Government agencies, that
the conditions that prompted
designation of Honduras for TPS
continue to be met. Accordingly, DHS
orders as follows:
(1) The designation of Honduras
under section 244(b)(1)(B) of the Act is
extended for an additional 12-month
period from July 5, 2006, to July 5, 2007.
8 U.S.C. 1254a(b)(3)(C).
(2) There are approximately 75,000
nationals of Honduras (or aliens having
no nationality who last habitually
resided in Honduras) who have been
granted TPS and who may be eligible for
re-registration.
(3) To maintain TPS, a national of
Honduras (or an alien having no
nationality who last habitually resided
in Honduras) who was granted TPS
during the initial designation period
and the subsequent extensions of this
designation, or who was granted TPS
during late initial registration, must reregister for TPS during the 60-day reregistration period from April 1, 2006
until June 1, 2006.
(4) To re-register, aliens must follow
the aforementioned filing procedures set
forth in this Notice.
(5) At least 60 days before this
extension ends on July 5, 2007, the
Secretary of Homeland Security, after
consultation with appropriate agencies
of the Government, will review the
designation of Honduras 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 Honduras
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: March 22, 2006.
Michael Chertoff,
Secretary.
[FR Doc. E6–4685 Filed 3–30–06; 8:45 am]
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Jkt 208001
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2373–05; USICS–2006–0001]
RIN 1615–ZA33
Extension of the Designation of
Temporary Protected Status for
Nicaragua; Automatic Extension of
Employment Authorization
Documentation for Nicaragua TPS
Beneficiaries
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice of extension of
temporary protected status for
Nicaragua.
AGENCY:
SUMMARY: The designation for Nicaragua
for Temporary Protected Status (TPS)
will expire on July 5, 2006. This Notice
alerts the public that TPS for Nicaragua
has been extended for 12-months, until
July 5, 2007, and sets forth procedures
necessary for nationals of Nicaragua (or
aliens having no nationality who last
habitually resided in Nicaragua) with
TPS to re-register and to apply for an
extension of their Employment
Authorization Documents (EADs) for the
additional 12-month period. Reregistration is limited to persons who
registered under the initial designation
(which was announced on January 5,
1999) or who ‘‘late initial registered’’
and also timely re-registered under each
subsequent extension of the designation.
In accordance with the original
designation, eligible aliens must also
have maintained continuous physical
presence in the United States since
January 5, 1999, and continuous
residence in the United States since
December 30, 1998. Certain nationals of
Nicaragua (or aliens having no
nationality who last habitually resided
in Nicaragua) who have not previously
applied for TPS may be eligible to apply
under the late initial registration
provisions.
Given the large number of
Nicaraguans affected by this Notice, the
Department of Homeland Security
(DHS) recognizes that many reregistrants may not receive an extension
sticker or new EAD until after their
current EADs expire on July 5, 2006.
Accordingly, this Notice automatically
extends the validity of EADs issued
under the TPS designation of Nicaragua
for 6 months until January 5, 2007, and
explains how TPS beneficiaries and
their employers may determine which
EADs are automatically extended.
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Frm 00054
Fmt 4703
Sfmt 4703
16333
The extension of TPS
for Nicaragua is effective July 5, 2006,
and will remain in effect until July 5,
2007. The 60-day re-registration period
begins April 1, 2006, and will remain in
effect until June 1, 2007. To facilitate
processing of their applications,
applicants are strongly encouraged to
file as soon as possible after the start of
the 60-day re-registration period (April
1, 2006).
FOR FURTHER INFORMATION CONTACT:
Jonathan Crawford, 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)
272–8350. This is not a toll-free call.
SUPPLEMENTARY INFORMATION:
EFFECTIVE DATES:
Abbreviations and Terms Used in This
Document
Act—Immigration and Nationality Act
ASC—USCIS Application Support
Center
DHS—Department of Homeland
Security
DOS—Department of State
EAD—Employment Authorization
Document
Secretary—Secretary of Homeland
Security
TPS—Temporary Protected Status
USCIS—U.S. Citizenship and
Immigration Services
What authority does the Secretary of
Homeland Security have to extend the
designation of TPS for Nicaragua?
Under section 244 of the Immigration
and Nationality Act (Act), 8 U.S.C.
1254a, the Secretary of Homeland
Security, 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 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)(A).
At least 60 days before the expiration
of the TPS designation, or any extension
thereof, the Secretary, after
consultations with appropriate agencies
of the Government, must review the
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
determines that the foreign state no
longer meets the conditions for the TPS
designation, he must terminate the
designation. 8 U.S.C. 1254a(b)(3)(B).
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[Federal Register Volume 71, Number 62 (Friday, March 31, 2006)]
[Notices]
[Pages 16328-16333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4685]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2374-05; USCIS-2006-0002]
RIN 1615--ZA32
Extension of the Designation of Temporary Protected Status for
Honduras; Automatic Extension of Employment Authorization Documentation
for Honduras TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice of extension of temporary protected status for Honduras.
-----------------------------------------------------------------------
SUMMARY: The designation of Honduras for Temporary Protected Status
(TPS) will expire on July 5, 2006. This Notice alerts the public that
TPS for Honduras has been extended for 12 months, until July 5, 2007,
and sets forth procedures necessary for nationals of Honduras (or
aliens having no nationality who last habitually resided in Honduras)
with TPS to re-register and to apply for an extension of their
Employment Authorization Documents (EADs) for the additional 12-month
period. Re-registration is limited to persons who registered under the
initial designation (which was announced on January 5, 1999) or who
``late initial registered'' and also timely re-registered under each
subsequent extension of the designation. In accordance with the
original designation, eligible aliens must also have maintained
continuous physical presence in the United States since January 5,
1999, and continuous residence in the United States since December 30,
1998. Certain nationals of Honduras (or aliens having no nationality
who last habitually resided in Honduras) who have not previously
applied for TPS may be eligible to apply under the late initial
registration provisions.
Given the large number of Hondurans affected by this Notice, the
Department of Homeland Security (DHS) recognizes that many re-
registrants may not receive an extension sticker or new EAD until after
their current EADs expire on July 5, 2006. Accordingly, this Notice
automatically extends the validity of EADs issued under the TPS
designation of Honduras for 6 months until January 5, 2007, and
explains how TPS beneficiaries and their employers may determine which
EADs are automatically extended.
[[Page 16329]]
DATES: The extension of TPS for Honduras is effective July 5, 2006, and
will remain in effect until July 5, 2007. The 60-day re-registration
period begins April 1, 2006, and will remain in effect until June 1,
2006. To facilitate processing of their applications, applicants are
strongly encouraged to file as soon as possible after the start of the
60-day re-registration period (April 1, 2006).
FOR FURTHER INFORMATION CONTACT: Jonathan Crawford, 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) 272-8350. This is not a toll-free call.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
What authority does the Secretary of Homeland Security have to extend
the designation of TPS for Honduras?
Under section 244 of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a, the Secretary, 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)(A).
At least 60 days before the expiration of the TPS designation, or
any extension thereof, the Secretary, after consultations with
appropriate agencies of the Government, must review the 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 determines that the foreign state no longer meets the
conditions for the TPS designation, he must terminate the designation.
8 U.S.C. 1254a(b)(3)(B).
Why did the Secretary of Homeland Security decide to extend the TPS
designation for Honduras?
On January 5, 1999, the Attorney General published a Notice in the
Federal Register at 64 FR 524, designating Honduras for TPS due to the
devastation resulting from Hurricane Mitch. Subsequent to that date,
the Attorney General and the Secretary of Homeland Security have
extended TPS for Honduras five times, determining in each instance that
the conditions warranting the designation continued to be met. 65 FR
30438, 66 FR 23269, 67 FR 22451, 68 FR 23744, 69 FR 64084. To notify
individuals of the current extension, the Secretary published a Notice
in the Federal Register on November 3, 2004, at 69 FR 64084. That
extension became effective on January 5, 2005, and is due to end on
July 5, 2006.
Since the date of the current extension, DHS and the Department of
State (DOS) have continued to review conditions in Honduras. In
particular, the Secretary of Homeland Security considered whether there
continues to be a substantial, but temporary, disruption of living
conditions in Honduras resulting from Hurricane Mitch and that Honduras
is unable, temporarily, to adequately handle the return of its
nationals, as required for TPS designations based on environmental
disasters. 8 U.S.C. 1254a(b)(1)(B)(i-iii).
The DOS Recommendation of February 2006 (``DOS Recommendation'')
reports that conditions that initially gave rise to the designation
continue to exist and that Honduras cannot provide adequate housing for
its nationals currently residing in the U.S. and has yet to recover
fully from Hurricane Mitch. The USCIS Office of Refugee, Asylum, and
International Operations Report of February 2006 (``ORAIO Report'')
indicates that although a number of the reconstruction projects in
Honduras have been completed, some of the projects are still
incomplete.
The housing shortage is a critical deficiency when considering
whether Honduras could adequately handle the return of its nationals
currently living in the United States under TPS (DOS Recommendation).
Housing construction was not completed in many areas and in those cases
that required relocation, infrastructure, and personnel for health and
education services, as well as employment opportunities, was reported
to be unavailable (ORAIO Report).
More recently, Honduras was devastated by Hurricane Beta and other
serious storms in 2005 (DOS Recommendation). Honduras' continuing
vulnerability from Hurricane Mitch was evident when Hurricane Beta
flooded the northeastern departments of Honduras in October 2005 (ORAIO
Report). Roads and many key bridges have been destroyed, hampering
additional recovery efforts (DOS Recommendation). Hurricane Beta
affected approximately 50 communities, causing the displacement of
11,000 Hondurans, evacuation of 7,600 to temporary shelters (DOS
Recommendation) and damage to bridges and crops (ORAIO Report).
Based upon this review, the Secretary of Homeland Security, after
consultation with appropriate Government agencies, determined that the
conditions that prompted designation of Honduras for TPS continue to be
met. See 8 U.S.C. 1254a(b)(3)(A) (describing procedures for periodic
review of TPS designations). There continues to be a substantial, but
temporary, disruption in living conditions in Honduras as the result of
an environmental disaster, and Honduras continues to be unable,
temporarily, to handle adequately the return of its nationals. See 8
U.S.C. 1254a(b)(1)(B) (describing conditions that justify TPS
designation). On the basis of these findings, the Secretary concluded
that the TPS designation for Honduras should be extended for an
additional 12-month period. See 8 U.S.C. 1254a(b)(3)(C) (providing the
Secretary of Homeland Security with discretion to determine the length
of an extension).
If I currently have benefits through the TPS designation of Honduras
for TPS, do I need to re-register for TPS?
Yes. If you already have received TPS benefits through the TPS
designation of Honduras, your benefits will expire on July 5, 2006.
Accordingly, individual TPS beneficiaries must comply with the re-
registration requirements described below in order to maintain TPS
benefits through July 5, 2007. 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) and 1254a(f). Failure to re-register without good cause
will result in the withdrawal of your temporary protected status and
possibly your removal from the United States. 8 U.S.C. 1254a(c)(3)(C).
[[Page 16330]]
If I am currently registered for TPS or have a pending application for
TPS, how do I re-register to renew my benefits for the duration of the
extension period?
All persons previously granted TPS under the designation of
Honduras who would like to maintain such status and those whose
applications remain pending but who wish to renew their benefits must
re-register 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
eighty dollar ($180) filing fee with Form I-765, or a fee waiver
request);
(3) A biometric services fee of seventy dollars ($70) if you are 14
years of age or older, or if you are under 14 and requesting an EAD
extension. The biometric services fee will not be waived. 8 CFR
103.2(e)(4)(i), (iii).
(4) A photocopy of the front and back of your EAD if you received
an EAD during the most recent registration period.
You do not need to submit photographs with your TPS application
because a photograph will be taken, if needed, when you appear at a
USCIS 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. All TPS re-registration applications
submitted without the required fees will be returned to the applicant.
What edition of the Form I-821 should be submitted?
Form I-821 has been revised. Only the Form I-821 with revision
dates of November 5, 2004, or October 26, 2005, will be accepted. The
bottom of each page of the revised form reads, ``Form I-821 (Rev. 11/
05/04)N'' or ``Form I-821 (Rev. 10/26/05)Y.'' Submissions of older
versions of Form I-821 will be rejected. You may obtain immigration
forms on the Internet at https://uscis.gov or by calling the USCIS forms
hotline at 1-800-870-3676.
Who must submit the $180 filing fee for the Form I-765, Application for
Employment Authorization?
------------------------------------------------------------------------
If Then
------------------------------------------------------------------------
You are applying for an extension You must complete and file the Form
of your EAD valid until July 31, I-765, Application for Employment
2007, regardless of your age. Authorization, with the $180 fee.
You are not requesting an extension You must complete and file Form I-
of your EAD. 765 (for data-gathering purposes
only) with no fee.
You are applying for a TPS-related You must complete and file Form I-
EAD under the late initial 765 (for data-gathering purposes
registration provisions and are only) with no fee.
under age 14 or over age 65.
You are applying for an extension You must complete and file: (1)
of your EAD and are requesting a Form I-765 and (2) a fee waiver
fee waiver. request and affidavit (and any
other supporting information) in
accordance with 8 CFR 244.20.
------------------------------------------------------------------------
Who must submit the $70 biometric services fee?
The $70 biometric services fee must be submitted by all aliens 14
years of age and older who (1) have previously been granted TPS and are
now re-registering for TPS; (2) have an initial application for TPS
currently pending, have an EAD bearing the notification ``C-19'' on the
face of the card under ``Category'' or ``274a.12(c)(19)'' on the face
of the card under ``Provision of Law,'' and wish to renew temporary
treatment benefits; or (3) are applying for TPS under the late initial
registration provisions. In addition, any alien, including one who is
under the age of 14, choosing to apply for a new EAD or an extension of
an EAD must submit the $70 biometric services fee. This biometric
services fee will not be waived. 8 CFR 103.2(e)(4)(i), (iii).
When should an applicant submit his or her application for TPS?
Applications must be filed during the 60-day re-registration period
from April 1, 2006 to June 1, 2006. Applicants are strongly encouraged
to file the application as soon as possible after the start of the 60-
day re-registration period.
Where should an applicant submit his or her application for TPS?
USCIS has designated two post office (P.O.) boxes with the Chicago
Lockbox for the filing of TPS applications under this extension in
order to facilitate efficient processing. Please note that applications
should only be filed at the appropriate P.O. Box and should not be
filed with a USCIS Service Center or District Office. Failure to submit
a TPS application to the correct P.O. Box may result in a delay of
adjudication. In addition, applicants will not be able to file their
applications electronically (``E-file'') for this designation.
The type of TPS filing the applicant has to submit will determine
the P.O. Box he or she must use to file; see below for instructions as
to which of the two P.O. Boxes to utilize. Failure to file your
application with the correct P.O. Box may result in a delay of the
processing of your application.
1. Applications for re-registration that do not require the
submission of additional documentation or a renewal of temporary
treatment benefits must be filed at this address: 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--Honduras, 427 S. LaSalle--3rd
Floor, Chicago, IL 60605.
2. Aliens who are filing applications for re-registration that
require the submission of supporting documentation or are filing for
the first time as a late initial registrant must use the address below.
Applications for re-registration require the submission of supporting
documentation under the following circumstances:
(A) If one or more of the questions listed in Part 4, Question 2 of
Form I-821 apply to the alien, then the submission of an explanation,
on a separate sheet(s) of paper, and/or additional documentation must
be provided.
(B) If the alien was granted TPS by an Immigration Judge or the
Board of Immigration Appeals, then the alien must include evidence of
the grant of TPS (such as an order from the Immigration Judge) with his
or her application package.
Aliens who are filing a re-registration application that requires
the submission of additional documentation or for the first time as a
late initial registrant should file at the P.O. Box listed below: U.S.
Citizenship and Immigration Services, P.O. Box 8631, Chicago, IL 60680-
8631. Or, for non-United States
[[Page 16331]]
Postal Service (USPS) deliveries: U.S. Citizenship and Immigration
Services, Attn: TPS--Honduras--[EOIR/Additional Documents] or [Late
Initial Registrant], 427 S. LaSalle--3rd Floor, Chicago, IL 60605.
Note: Make sure to use either EOIR/Additional Documents or Late
Initial Registrant on the ``Attn:'' line, after Honduras, above.
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)(i) of the Act, 8
U.S.C. 1254a(c)(2)(B)(i), 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), 8 U.S.C.
1254a(c)(2)(B)(ii). Aliens should also note that an individual granted
TPS will have his/her TPS withdrawn if the alien is not in fact
eligible for TPS, if an alien fails to timely re-register for TPS
without good case, or if the alien fails to maintain continuous
physical presence in the United States. 8 U.S.C. 1254a(c)(3)(A)-(C).
Who is eligible to receive an automatic extension of his or her EAD
from July 5, 2006 to January 5, 2007?
To receive an automatic extension of his or her EAD, an individual
must be a national of Honduras (or an alien having no nationality who
last habitually resided in Honduras) who has applied for and received
an EAD under the TPS designation of Honduras and who has not had TPS
withdrawn or denied. This automatic extension is limited to EADs issued
on Form I-766, Employment Authorization Document, bearing an expiration
date of July 5, 2006. The EAD must also be a Form I-766 bearing the
notation ``A-12'' or ``C-19'' on the face of the card under
``Category''.
If I am currently registered for TPS under the designation of Honduras
and am re-registering for TPS, how do I receive an extension of my EAD
after the 6 months granted by the automatic extension?
As a TPS re-registrant you will receive a notice in the mail with
instructions to appear at an ASC for biometrics collection. When you
report to the ASC, you must bring your receipt notice for your re-
registration application, ASC appointment notice, and current EAD. When
you appear at an ASC for biometrics collection, USCIS will either affix
a sticker to your current EAD extending the validity of the card
through the end of July 2007 or advise you that your case requires
further resolution. If your case requires further resolution, USCIS
will contact you in writing to explain what additional information, if
any, is necessary to resolve your case. If those issues are resolved
and your re-registration application is approved, you will receive a
new EAD in the mail with an expiration date of July 31, 2007. Because
the extension stickers include only the month and year, rather than a
specific date, all EADS extended by sticker or issued anew pursuant to
this extension of the TPS designation for Honduras will be valid
through July 31, 2007.
Will I receive a new EAD in the mail if I am given an extension sticker
at the ASC?
No. Because the sticker affixed to your card at the ASC will extend
the validity of your current EAD through July 2007 there will be no
need for you to obtain additional employment authorization
documentation during the remainder of this extension of the designation
of Honduras for TPS.
If I am not eligible to receive a sticker extending my EAD, can I
receive an interim EAD at my local District Office?
No. USCIS will not be issuing interim EADs to TPS applicants and
re-registrants at District Offices.
How may employers determine whether an EAD has been automatically
extended for six months through January 5, 2007, 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 January 5,
2007, employers of Honduran TPS beneficiaries whose EADs have been
automatically extended by this Notice must accept the EAD if presented.
An EAD that has been automatically extended for six months by this
Notice to January 5, 2007, will actually contain an expiration date of
July 5, 2006, and must be a Form I-766 bearing the notation ``A-12'' or
``C-19'' on the face of the card under ``Category.'' New EADs or
extension stickers showing the January 5, 2007, expiration date of the
six-month auto-extension will not be issued.
Employers should not request proof of Honduran citizenship.
Employers presented with an EAD that has been extended pursuant to this
Federal Register Notice, if it reasonably appears on its face 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 Homeland Security
through this Federal Register Notice does not affect the right of an
applicant for employment or an employee to present any legally
acceptable document as proof of identity and eligibility for
employment.
Employers are reminded that the laws requiring employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those setting forth re-verification
requirements, see 8 CFR 274a.2(b)(1)(vii) . 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/.
How may employers determine an employee's eligibility for employment
once the automatic extension has expired, between January 6, 2007, and
the end of the TPS extension on July 5, 2007?
Eligible TPS aliens will possess either an EAD with an expiration
date of July 31, 2007, or an EAD with an expiration date of July 5,
2006 and a sticker affixed to it extending the validity of the EAD
through July 2007. In either case, the EAD will be a Form I-766 bearing
the notation ``A-12'' or ``C-19'' on the face of the card under
``Category.'' Either of these EADs must be accepted for the purposes of
verifying identity and employment authorization. Employers are reminded
that the laws requiring employment eligibility verification and
prohibiting unfair immigration-related employment practices remain in
full force, as described above.
[[Page 16332]]
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?
During the first 6 months of this extension of the TPS designation
for Honduras, employees may submit the following to their employer 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 a TPS-based
EAD to their employer, as described above as proof of identity and
employment authorization until January 5, 2007. To minimize confusion
over this extension at the time of hire or re-verification, qualified
individuals may also present a copy of this Federal Register Notice
regarding the automatic extension of employment authorization
documentation to January 5, 2007.
After the first six months of TPS employment authorization for this
designation extension, and continuing until the end of the extension
period, July 5, 2007, a qualified individual will receive one of the
following as evidence of employment authorization: a sticker affixed to
the EAD extending the validity of the EAD through July 2007, or a new
EAD valid through July 31, 2007. Either an EAD with the extension
sticker or a newly issued EAD may be presented as evidence of
employment authorization.
In the alternative, any legally acceptable document or combination
of documents listed in List A, List B, or List C of the Form I-9 may be
presented as proof of identity and employment eligibility; it is the
choice of the employee.
Does TPS lead to lawful permanent residence?
No. TPS is a temporary benefit that does not lead to lawful
permanent residence by itself or 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 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 Honduras (or aliens having no
nationality who last habitually resided in Honduras) who entered the
United States after December 30, 1998, to file for TPS?
No. This is a Notice of an extension of TPS, not a Notice of re-
designation of TPS for Honduras. An extension of TPS 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
of Honduras. To be eligible for benefits under this extension,
nationals of Honduras (or aliens having no nationality who last
habitually resided in Honduras) must have continuously resided in the
United States since December 30, 1998, and been continuously physically
present in the United States since January 5, 1999, the date of the
most recent designation of TPS for Honduras.
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). In order to be
eligible for late initial registration an applicant must:
(1) Be a national of Honduras (or alien who has no nationality and
who last habitually resided in Honduras);
(2) Have continuously resided in the United States since December
30, 1998;
(3) Have been continuously physically present in the United States
since January 5, 1999; 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 January 5, 1999 to August 20,
1999), he or she:
(1) Was a nonimmigrant or had been granted voluntary departure
status or any relief from removal;
(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
designation of Honduras, should be submitted to the aforementioned
Lockbox address in Chicago, Illinois.
What happens when this extension of TPS expires on July 5, 2007?
At least 60 days before this extension of TPS designation of
Honduras expires on July 5, 2007, the Secretary of Homeland Security,
after consultation with appropriate agencies of the Government, will
review conditions in Honduras 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 Honduras
By the authority vested in DHS under sections 244(b)(1)(B),
(b)(3)(A), and (b)(3)(C) of the Act, DHS has
[[Page 16333]]
determined, after consultation with the appropriate Government
agencies, that the conditions that prompted designation of Honduras for
TPS continue to be met. Accordingly, DHS orders as follows:
(1) The designation of Honduras under section 244(b)(1)(B) of the
Act is extended for an additional 12-month period from July 5, 2006, to
July 5, 2007. 8 U.S.C. 1254a(b)(3)(C).
(2) There are approximately 75,000 nationals of Honduras (or aliens
having no nationality who last habitually resided in Honduras) who have
been granted TPS and who may be eligible for re-registration.
(3) To maintain TPS, a national of Honduras (or an alien having no
nationality who last habitually resided in Honduras) who was granted
TPS during the initial designation period and the subsequent extensions
of this designation, or who was granted TPS during late initial
registration, must re-register for TPS during the 60-day re-
registration period from April 1, 2006 until June 1, 2006.
(4) To re-register, aliens must follow the aforementioned filing
procedures set forth in this Notice.
(5) At least 60 days before this extension ends on July 5, 2007,
the Secretary of Homeland Security, after consultation with appropriate
agencies of the Government, will review the designation of Honduras 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 Honduras
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: March 22, 2006.
Michael Chertoff,
Secretary.
[FR Doc. E6-4685 Filed 3-30-06; 8:45 am]
BILLING CODE 4410-10-P