Extension of the Designation of Temporary Protected Status for Nicaragua; Automatic Extension of Employment Authorization Documentation for Nicaragua TPS Beneficiaries, 16333-16338 [E6-4686]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Citizenship and Immigration Services

[Federal Register Volume 71, Number 62 (Friday, March 31, 2006)]
[Notices]
[Pages 16333-16338]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4686]


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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

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice of extension of temporary protected status for 
Nicaragua.

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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. 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 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 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 Nicaragua for 6 months until January 5, 2007, and 
explains how TPS beneficiaries and their employers may determine which 
EADs are automatically extended.

EFFECTIVE DATES: 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:

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).

[[Page 16334]]

Why did the Secretary of Homeland Security Decide to Extend the TPS 
Designation for Nicaragua?

    On January 5, 1999, the Attorney General published a Notice in the 
Federal Register at 64 FR 526, designating Nicaragua 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 Nicaragua five times, determining in each instance 
that the conditions warranting the designation continued to be met. 65 
FR 30440, 66 FR 23271, 67 FR 22454, 68 FR 23748, 69 FR 64088. To notify 
individuals of the current extension, the Secretary published a Notice 
in the Federal Register on November 3, 2004, at 69 FR 64088. 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 Nicaragua. In 
particular, the Secretary of Homeland Security considered whether there 
continues to be a substantial, but temporary, disruption of living 
conditions in Nicaragua resulting from Hurricane Mitch and that 
Nicaragua 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).
    While progress has been made in reconstruction from Hurricane 
Mitch, Nicaragua has not been able to fully recover, in part due to 
follow-on natural disasters that have severely undermined progress 
towards an economic recovery that would enable Nicaragua to adequately 
handle the return of its nationals. (DOS Recommendation, February 
2006). Continuing high rates of unemployment and underemployment 
estimated at 40 percent and coupled with scarce government resources 
spread thin by Hurricane Mitch recovery severely limit current 
employment opportunities for returning migrants. Id.
    According to the USCIS Office of Refugee, Asylum, and International 
Operations Report of February 2006 (``ORAIO Report''), agriculture 
remained devastated, housing projects had not been completed, and parts 
of the country continued to suffer. For example, at a July 2005 news 
briefing, a U.S. Department of State representative reported that two 
provinces in northwest Nicaragua, Leon and Chinandega, continued to 
suffer from the devastating effects of Hurricane Mitch. Id. To help 
address that situation, a U.S. $175 million, five-year aid pact was 
announced. Id.
    Living conditions in Nicaragua have worsened since the United 
States last extended TPS on November 3, 2004 due to Hurricane Beta and 
another serious storm. Id. Flooding from Hurricane Beta and Tropical 
Storm Stan in October 2005 exacerbated Nicaragua's continuing 
vulnerability. Id. Thousands of people were severely affected and 
houses, churches, medical centers, and schools in several communities 
were destroyed. Id. According to one source, 80 percent of the 
buildings on the central Atlantic coast, where Hurricane Beta hit, were 
heavily damaged or destroyed. Id.
    Based upon this review, the Secretary of Homeland Security, after 
consultation with appropriate Government agencies, determined that the 
conditions that prompted designation of Nicaragua 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 Nicaragua as the result 
of an environmental disaster, and Nicaragua 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 Nicaragua 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 Nicaragua 
for TPS, do I Need to Re-Register for TPS?

    Yes. If you already have received TPS benefits through the 
designation of Nicaragua, 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).

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 
Nicaragua 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); and
    (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?

[[Page 16335]]



 
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                 If                                  Then
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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) Form
 of your EAD and are requesting a     I-765 and 2) a fee waiver request
 fee waiver.                          and affidavit (and any other
                                      supporting information) in
                                      accordance with 8 CFR 244.20.
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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 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 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--Nicaragua, 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 Postal Service (USPS) deliveries: U.S. 
Citizenship and Immigration Services, Attn: TPS--Nicaragua--[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 Nicaragua, 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 Nicaragua (or an alien having no nationality who 
last habitually resided in Nicaragua) who has applied for and received 
an EAD under the TPS designation of Nicaragua 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''.

[[Page 16336]]

If I am currently registered for TPS under the designation for 
Nicaragua 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 Nicaragua 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 Nicaragua 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 Nicaraguan 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. In the alternative to the 
aforementioned options, any legally acceptable documentation 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.
    Employers should not request proof of Nicaraguan 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.

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 Nicaragua, 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, to the aforementioned options, 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

[[Page 16337]]

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 Nicaragua (or aliens having no 
nationality who last habitually resided in Nicaragua) 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 Nicaragua. 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 Nicaragua. To be eligible for benefits under this extension, 
nationals of Nicaragua (or aliens having no nationality who last 
habitually resided in Nicaragua) 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 Nicaragua.

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 Nicaragua (or alien who has no nationality and 
who last habitually resided in Nicaragua);
    (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 Nicaragua, 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 
Nicaragua expires on July 5, 2007, the Secretary of Homeland Security, 
after consultation with appropriate agencies of the Government, will 
review conditions in Nicaragua 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 Nicaragua.

    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 Nicaragua for TPS continue to 
be met. Accordingly, DHS orders as follows:
    (1) The designation of Nicaragua 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 4,000 nationals of Nicaragua (or aliens 
having no nationality who last habitually resided in Nicaragua) who 
have been granted TPS and who may be eligible for re-registration.
    (3) To maintain TPS, a national of Nicaragua (or an alien having no 
nationality who last habitually resided in Nicaragua) 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 Nicaragua 
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

[[Page 16338]]

the determination, will be published in the Federal Register. Id.
    (6) Information concerning the extension of designation of 
Nicaragua 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. E6-4686 Filed 3-30-06; 8:45 am]
BILLING CODE 4410-10-P