Extension of the Designation of Temporary Protected Status for El Salvador; Automatic Extension of Employment Authorization Documentation for El Salvadorian TPS Beneficiaries, 34637-34641 [06-5443]

Agencies

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

[Federal Register Volume 71, Number 115 (Thursday, June 15, 2006)]
[Notices]
[Pages 34637-34641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5443]



[[Page 34637]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2382-06; DHS Docket No. USCIS-2006-0005]
RIN 1615-ZA34


Extension of the Designation of Temporary Protected Status for El 
Salvador; Automatic Extension of Employment Authorization Documentation 
for El Salvadorian TPS Beneficiaries

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

ACTION: Notice.

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SUMMARY: Prior to a recent determination by the Secretary of Homeland 
Security, the designation for El Salvador of Temporary Protected Status 
(TPS) was set to expire on September 9, 2006. This Notice alerts the 
public that TPS for El Salvador has been extended for 12 months, until 
September 9, 2007, and sets forth procedures for nationals of El 
Salvador (or aliens having no nationality who last habitually resided 
in El Salvador) with TPS to re-register and to apply for an extension 
of their Employment Authorization Documents (EADs) for the additional 
12-month period. Re-registration is limited to persons who registered 
under the initial designation (which was announced on March 9, 2001) 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 March 9, 2001, 
and continuous residence in the United States since February 13, 2001. 
Certain nationals of El Salvador (or aliens having no nationality who 
last habitually resided in El Salvador) who have not previously applied 
for TPS may be eligible to apply under the late initial registration 
provisions.
    Given the large number of Salvadorans affected by this Notice, the 
Department of Homeland Security (DHS) recognizes that many re-
registrants may not receive an extension sticker or new EAD until after 
their current EADs expire on September 9, 2006. Accordingly, this 
Notice automatically extends the validity of EADs issued under the TPS 
designation of El Salvador for 6 months until March 9, 2007, and 
explains how TPS beneficiaries and their employers may determine which 
EADs are automatically extended.

DATES: Effective Dates: The extension of TPS for El Salvador is 
effective September 9, 2006, and will remain in effect until September 
9, 2007. The 60-day re-registration period begins on July 3, 2006, and 
will remain in effect until September 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 
of July 3, 2006.

FOR FURTHER INFORMATION CONTACT: Jonathan Crawford, Status and Family 
Branch, Service Center Operations, 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 number.

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 El Salvador?

    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 of Homeland Security 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 El Salvador?

    On March 19, 2001, a Notice was published in the Federal Register, 
at 66 FR 14214, designating El Salvador for TPS due to the devastation 
caused by a series of severe earthquakes. Subsequent to that date, the 
Attorney General, and the Secretary of Homeland Security have extended 
TPS for El Salvador three times, determining in each instance that the 
conditions warranting the designation continued to be met. 67 FR 46000, 
68 FR 42071, 70 FR 1450. To notify individuals of the current 
extension, the Secretary published a Notice in the Federal Register on 
January 5, 2005, at 70 FR 1450. That extension became effective on 
March 9, 2005, and is due to end on September 9, 2006.
    Since the date of the current extension, DHS and the Department of 
State (DOS) have continued to review conditions in El Salvador. In 
particular, the Secretary of Homeland Security considered whether there 
continues to be a substantial disruption in living conditions in El 
Salvador and whether El Salvador is unable, temporarily, to adequately 
handle the return of its nationals, as is required for TPS designations 
based on environmental disasters. 8 U.S.C. 1254a(b)(1)(B)(i-iii).
    DOS notes that the conditions that initially gave rise to the 
designation of TPS for El Salvador continue to exist. (``DOS 
Recommendation, February 2006''). The Government of El Salvador remains 
engaged in earthquake reconstruction activities with USAID assistance. 
Id. Despite USAID's 170 million dollar disaster reconstruction program, 
reconstruction projects remain incomplete and the U.S. embassy in El 
Salvador, in a reporting cable to Washington on February 7, 2006, 
estimated that the programs will not be completed in less than 24 
months. Id. According to research conducted by the USCIS Office of 
Refugee, Asylum, and International Operations Report of January 2006 
(``ORAIO Report''), significant parts of the programs funded by other 
international donors were still being carried out or were soon to be 
underway. Construction in the housing and health sectors were the main 
programs still pending as of January 2006. Id.
    According to El Salvador's Vice Ministry of Housing, only 46 
percent of the total number of houses destroyed or damaged had been 
reconstructed or repaired as of January 2006. Id. Housing programs 
funded by the European Union and the Inter-American

[[Page 34638]]

Development Bank were still underway, with the target dates for 
completion set for 2006 and 2007, respectively. Id. Moreover, as of 
January 2006, reconstruction of the country's seven main hospitals were 
still pending, awaiting the completion of engineering designs and 
bidding procedures. The target date for the completion of the hospitals 
is now set at 2007. Id.
    The incomplete reconstruction programs translate into a continued 
deficit in low-cost housing and a lack of access to hospital-based 
healthcare services for many communities. (DOS Recommendation). 
Moreover, El Salvador has not been able to fully recover, in part due 
to the 2005 eruption of the Santa Ana volcano that was immediately 
followed by mudslides and flooding caused by Hurricane Stan. Id.
    Based upon this review, the Secretary of Homeland Security, after 
consultation with appropriate Government agencies, determined that the 
conditions that prompted designation of El Salvador 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 El Salvador as the result 
of an environmental disaster, and El Salvador 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 concludes 
that the TPS designation for El Salvador 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 designation of El Salvador for 
TPS, do I need to re-register for TPS?

    Yes. If you already have received TPS benefits through the 
designation of El Salvador for TPS, your benefits will expire on 
September 9, 2006. Accordingly, individual TPS beneficiaries must 
comply with the re-registration requirements described below in order 
to maintain TPS benefits through September 9, 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 El 
Salvador 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 
Employment Authorization Document (EAD). 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 an 
ASC for collection of biometrics. 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 Web at https://uscis.gov or by calling 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     You must complete and file the
 your EAD valid until September 30,       Form I-765, Application for
 2007, regardless of your age.            Employment Authorization, with
                                          the $180 fee.
You are not requesting an extension of   You must complete and file Form
 your EAD.                                I-765 (for data-gathering
                                          purposes only) with no fee.
You are applying for a TPS-related EAD   You must complete and file Form
 under the late initial registration      I-765 (for data-gathering
 provisions and are under age 14 or       purposes only) with no fee.
 over age 65.
You are applying for an extension of     You must complete and file: (1)
 your EAD and are requesting a fee        Form I-765 and (2) a fee
 waiver.                                  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 July 3, 2006, to September 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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Where should an applicant submit his or her application for TPS?

    To facilitate efficient processing, USCIS has designated two post 
office (P.O.) boxes with the Chicago Lockbox for the filing of TPS 
applications. Certain applications for TPS re-registration may also be 
E-Filed as well. The type of TPS filing the applicant has to submit 
will determine the P.O. Box where the application must be submitted. 
See below for instructions. Please note that applications should not be 
filed with a USCIS Service Center or District Office. Failure to file 
your application properly may result in the delay of the processing of 
your application.
    Category 1: Applications for re-registration that do not require 
the submission of additional documentation or a renewal of temporary 
treatment benefits must either be E-Filed (see below) or filed at this 
address: U.S. Citizenship and Immigration Services, P.O. Box 8635, 
Chicago, IL 60680-8635. Or, for non-United States Postal Service (USPS) 
deliveries: U.S. Citizenship and Immigration Services, Attn: TPS--El 
Salvador, 427 S. LaSalle--3rd Floor, Chicago, IL 60605.
    E-Filing Your Application: If your application falls into Category 
1 you are strongly encouraged to E-File your application. During the 
re-registration period from July 3, 2006, to September 1, 2006, aliens 
re-registering for TPS under this designation may file the Forms I-821 
and I-765, and associated fees electronically by using E-Filing at the 
USCIS Internet site, https://www.uscis.gov. In order to properly re-
register using E-Filing, aliens must begin the E-Filing process by 
completing Form I-821 online. After the Form I-821 is completed, the 
system will then link the alien to Form I-765.
    Aliens re-registering for TPS after September 1, 2006, and/or whose 
application falls into Category 2 explained below may not E-File and 
must send their application materials to the USCIS Chicago Lockbox at 
the address listed below.
    Category 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 
listed below and these types of applications may not be E-Filed. 
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 Executive Office for 
Immigration Review (EOIR)) with his or her application package.
    Aliens who are filing a re-registration application that requires 
the submission of additional documentation or are filing for the first 
time as a late initial registrant must file at the P.O. Box listed 
below: U.S. Citizenship and Immigration Services, P.O. Box 8670, 
Chicago, IL 60680-8670. Or, for non-United States Postal Service (USPS) 
deliveries: U.S. Citizenship and Immigration Services, Attn: TPS--El 
Salvador--[EOIR/Additional Documents] or [Late Initial Registrant], 427 
S. LaSalle--3rd Floor, Chicago, IL 60605.

    Note: Please make sure to use either EOIR/Additional Documents 
or Late Initial Registrant on the ``Attn:'' line, after El Salvador, 
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 cause, 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 September 9, 2006 to March 9, 2007?

    To receive an automatic extension of his or her EAD, an individual 
must be a national of El Salvador (or an alien having no nationality 
who last habitually resided in El Salvador) who has applied for and 
received an EAD under the TPS designation of El Salvador and who has 
not had TPS withdrawn or denied. This automatic extension is limited to 
EADs issued on Form I-766, Employment Authorization Document, bearing 
an expiration date of September 9, 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 El 
Salvador 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 September 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 September 30, 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 El Salvador 
will be valid through September 30, 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 September 30, 2007, there will 
be no need for you to obtain additional employment authorization 
documentation during the remainder of this extension of the designation 
of El Salvador for TPS.

If I am not eligible to receive a sticker extending my EAD, can I 
receive an interim EAD at my local USCIS Office?

    No. USCIS will not be issuing interim EADs to TPS applicants or re-
registrants at local Offices.

[[Page 34640]]

How may employers determine whether an EAD has been automatically 
extended for 6 months through March 9, 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 March 9, 
2007, employers of Salvadoran TPS beneficiaries whose EADs have been 
automatically extended by this Notice must accept the EAD if presented. 
An EAD (Form I-766) that has been automatically extended for 6 months 
by this Notice to March 9, 2007, will actually contain an expiration 
date of September 9, 2006, and must be a Form I-766 bearing the 
notation ``A-12'' or ``C-19'' on the face of the card under 
``Category.'' The automatic extension is valid for 6 months. New EADs 
or extension stickers showing the March 9, 2007 expiration date of the 
6-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 Salvadoran citizenship. 
Employers presented with an EAD that has been extended pursuant to this 
Federal Register Notice, if it appears to be genuine and appears to 
relate to the employee, should accept the EAD as a valid ``List A'' 
document and should not ask for additional Form I-9 documentation. This 
action by the Secretary of Homeland Security through this Federal 
Register Notice does not affect the right of an employee to present any 
legally acceptable document as proof of identity and eligibility for 
employment.
    Employers are reminded that the laws prohibiting unfair 
immigration-related employment practices remain in full force. 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 March 9, 2007, and 
the end of the work authorization on September 30, 2007?

    Salvadorans with TPS status will possess either an EAD with an 
expiration date of September 30, 2007, or an EAD with an expiration 
date of September 9, 2006 and a sticker affixed to it extending the 
validity of the EAD through September 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 purpose of verifying identity and/or employment 
authorization. Employers are reminded that the laws 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 El Salvador, 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 in above as proof of identity and 
employment authorization until March 9, 2007 (see section ``How may 
employers determine an employee's eligibility for employment once the 
automatic extension has expired, between, March 9, 2007, and the end of 
the TPS extension on September 9, 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 March 9, 2007.
    Qualified individuals will either receive a sticker affixed to his 
or her current EAD, which extends the validity period of their EAD 
through the end of September 2007 or a new EAD valid through September 
30, 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 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 or by itself confer any other immigration status. 8 
U.S.C. 1254a(e), (f)(1), (h). When a country's designation for TPS 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 
while registered for TPS, 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).

[[Page 34641]]

Does this extension allow nationals of El Salvador (or aliens having no 
nationality who last habitually resided in El Salvador) who entered the 
United States after February 13, 2001, to file for TPS?

    No. This is a Notice of an extension of TPS, not a Notice of re-
designation of TPS for El Salvador. An extension of TPS does not change 
the required dates of continuous residence or continuous physical 
presence in the United States. This extension does not expand TPS 
availability to those beyond the current TPS eligibility requirements 
of El Salvador. To be eligible for benefits under this extension, 
nationals of El Salvador (or aliens having no nationality who last 
habitually resided in El Salvador) must have continuously resided in 
the United States since February 13, 2001, and been continuously 
physically present in the United States since March 9, 2001, the date 
of the most recent designation of TPS for El Salvador.

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 El Salvador (or alien who has no nationality 
and who last habitually resided in El Salvador);
    (2) Have continuously resided in the United States since February 
13, 2001;
    (3) Have been continuously physically present in the United States 
since March 9, 2001; and
    (4) Be both admissible as an immigrant, except as provided under 
section 244(c)(2)(A) of the Act, and not ineligible under section 
244(c)(2)(B) of the Act.
    Additionally, the applicant must be able to demonstrate that during 
the initial registration period (from March 9, 2001 to September 9, 
2002), he or she:
    (1) Was a nonimmigrant or had been granted voluntary departure 
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 El Salvador, should be submitted to the aforementioned 
Lockbox address in Chicago, Illinois listed under Category 2.

What happens when this extension of TPS expires on September 9, 2007?

    At least 60 days before this extension of TPS designation of El 
Salvador expires on September 9, 2007, the Secretary of Homeland 
Security, after consultation with appropriate agencies of the 
Government, will review conditions in El Salvador and determine whether 
the conditions for TPS designation continue to be met at that time, or 
whether the TPS designation should be terminated. 8 U.S.C. 1254a(b)(3). 
Notice of that determination, including the basis for the 
determination, will be published in the Federal Register.

Notice of extension of designation of TPS for El Salvador.

    By the authority vested in DHS under sections 244(b)(1)(B), 
(b)(3)(A), and (b)(3)(C) of the Act, DHS has determined, after 
consultation with the appropriate Government agencies, that the 
conditions that prompted designation of El Salvador for TPS continue to 
be met. Accordingly, DHS orders as follows:
    (1) The designation of El Salvador under section 244(b)(1)(B) of 
the Act is extended for an additional 12-month period from September 9, 
2006, to September 9, 2007. 8 U.S.C. 1254a(b)(3)(C).
    (2) There are approximately 225,000 nationals of El Salvador (or 
aliens having no nationality who last habitually resided in El 
Salvador) who have been granted TPS and who may be eligible for re-
registration.
    (3) To maintain TPS, a national of El Salvador (or an alien having 
no nationality who last habitually resided in El Salvador) who was 
granted TPS during the initial designation period 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 July 3, 2006, to September 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 September 9, 
2007, the Secretary of Homeland Security, after consultation with 
appropriate agencies of the Government, will review the designation of 
El Salvador for TPS and determine whether the conditions for 
designation continue to be met. 8 U.S.C. 1254a(b)(3)(A). Notice of that 
determination, including the basis for the determination, will be 
published in the Federal Register. Id.
    (6) Information concerning the extension of designation of El 
Salvador for TPS will be available at local USCIS offices upon 
publication of this Notice and on the USCIS Web site at https://
www.uscis.gov.

    Dated: May 17, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06-5443 Filed 6-13-06; 9:21 am]
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