Extension of the Designation of Temporary Protected Status for Somalia; Automatic Extension of Employment Authorization Documentation for Somalia TPS Beneficiaries, 42653-42658 [06-6401]
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Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Notices
Security (DHS) has developed and
published a Notice of Change to the
National Response Plan, that is now
available to the public.
Authority: Homeland Security Act of 2002,
Public Law 107–296; Homeland Security
Presidential Directive—5, Management of
Domestic Incidents.
Ms.
Tina Gabbrielli, National Preparedness
Task Force, DHS, Washington, DC
20528, 202–282–9810 or NPTFCP@dhs.gov; Mr. Paul Schwartz,
Interagency Response Planning, DHS,
Federal Emergency Management
Agency, Washington, DC 20472, 202–
646–7653 or paul.k.schwartz@dhs.gov.
SUPPLEMENTARY INFORMATION: In
December 2004, the Department of
Homeland Security (DHS) published the
National Response Plan (NRP). The
NRP, using the comprehensive
framework of the National Incident
Management System (NIMS), establishes
a comprehensive, national, all-hazards
approach to domestic incident
management across a spectrum of
activities including prevention,
preparedness, response, and recovery. It
provides the structure and mechanisms
for the coordination of Federal support
to State, local, and tribal incident
managers and for exercising direct
Federal authorities and responsibilities.
The NRP is applicable to all Federal
departments and agencies that may be
requested to provide assistance or
conduct operations in the context of
actual or potential domestic incidents
requiring a coordinated Federal
response.
As of April 14, 2005, the NRP
superseded the Initial National
Response Plan, Federal Response Plan,
U.S. Government Interagency Domestic
Terrorism Concept of Operations Plan,
and Federal Radiological Emergency
Response Plan, and all Federal
departments and agencies were required
to fully implement the NRP.
Based on lessons learned during
Hurricane Katrina, DHS reviewed
recommendations applicable to the
execution of the NRP and worked with
the White House Homeland Security
Council (HSC) to identify and amend
select sections of the NRP. A Notice of
Change, which was limited in scope to
those actions requiring immediate
clarification or modification in order to
ensure future effective and coordinated
Federal responses, was subsequently
developed by DHS and approved by the
HSC Domestic Readiness Group. A full
scale review of the NRP will commence
at a later date.
The Notice of Change to the NRP
became effective on May 25, 2006.
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FOR FURTHER INFORMATION CONTACT:
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When providing support under the NRP,
Federal departments and agencies are
required to conform to any
modifications to the processes or
structures identified in the Notice of
Change.
This Notice informs the public of the
release and availability of the National
Response Plan Notice of Change. The
Notice of Change is available on the
Department of Homeland Security’s
Web site at https://www.dhs.gov/
nationalresponseplan.
George W. Foresman,
Under Secretary for Preparedness,
Department of Homeland Security.
R. David Paulison,
Under Secretary for Federal Emergency
Management, Department of Homeland
Security.
[FR Doc. E6–11998 Filed 7–26–06; 8:45 am]
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the impact of a program change on
privacy. The PIA updates relate to the
proposal by DHS to expand the US–
VISIT population to cover additional
classes of aliens under a Notice of
Proposed Rulemaking titled Authority
to Process Additional Aliens in US–
VISIT published in today’s Federal
Register. The revised PIA is available on
the Web site of the DHS Privacy Office,
www.dhs.gov/privacy, under Privacy
Impact Assessments, and on the US–
VISIT Web site, www.dhs.gov/usvisit.
The original US–VISIT PIA was
published in the Federal Register on
January 16, 2004 (69 FR 2608); revised
versions reflecting subsequent changes
were published on September 23, 2004
(69 FR 57036), and on July 7, 2005 (70
FR 39300).
BILLING CODE 9110–09–P
Dated: July 19, 2006.
Maureen Cooney,
Acting Chief Privacy Officer.
[FR Doc. E6–11994 Filed 7–26–06; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 4410–10–P
United States Visitor and Immigrant
Status Indicator Technology Program
DEPARTMENT OF HOMELAND
SECURITY
Processing Additional Aliens Privacy
Impact Assessment
U.S. Citizenship and Immigration
Services
Privacy Office, Office of the
Secretary, DHS.
ACTION: Notice of availability of a
Privacy Impact Assessment.
[CIS No. 2388–06; USCIS–2006–0018]
AGENCY:
The Department of Homeland
Security has updated and is making
available its United States Visitor and
Immigrant Status Indicator Technology
Program (US–VISIT) Privacy Impact
Assessment (PIA) to discuss the impact
of program change on privacy. The PIA
can be found under the Privacy Impact
Assessment Section of the Privacy
Office’s Web site, www.dhs.gov/privacy.
DATES: The Privacy Impact Assessment
will be available for a minimum of (60)
days.
FOR FURTHER INFORMATION CONTACT:
Steve Yonkers, Privacy Officer, US–
VISIT, Department of Homeland
Security, Washington, DC 20528,
telephone (202) 298–5200, facsimile
(202) 298–5201, e-mail:
usvisitprivacy@dhs.gov; Maureen
Cooney, Acting Chief Privacy Officer,
Department of Homeland Security, Mail
Stop 0550, 601 S. 12th Street, Arlington,
VA 22202–4220; by telephone (571)
227–3813, facsimile (571) 227–4171, or
e-mail: privacy@dhs.gov.
SUPPLEMENTARY INFORMATION: The
Department of Homeland Security
(DHS) has updated and is making
available its US–VISIT PIA to discuss
SUMMARY:
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RIN 1615–ZA35
Extension of the Designation of
Temporary Protected Status for
Somalia; Automatic Extension of
Employment Authorization
Documentation for Somalia TPS
Beneficiaries
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice of extension of
temporary protected status for Somalia.
AGENCY:
SUMMARY: The designation of Somalia
for Temporary Protected Status (TPS)
will expire on September 17, 2006. This
Notice informs the public that the TPS
designation for Somalia has been
extended for 18 months, until March 17,
2008, and sets forth procedures for
nationals of Somalia (or aliens having
no nationality who last habitually
resided in Somalia) with TPS to reregister and to apply for an extension of
their Employment Authorization
Documents (EADs) for the additional 18month period. Re-registration is limited
to persons who have previously
registered for TPS under the designation
of Somalia and whose application was
granted or remains pending. Certain
nationals of Somalia (or aliens having
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Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Notices
no nationality who last habitually
resided in Somalia) who have not
previously applied for TPS may be
eligible to apply under the late initial
registration provisions.
Given the timeframes involved with
processing TPS re-registrants, the
Department of Homeland Security
(DHS) recognizes that many reregistrants may not receive a new EAD
until after their current EAD expires on
September 17, 2006. Accordingly, this
Notice automatically extends the
validity of EADs issued under the TPS
designation of Somalia for six months
until March 17, 2007, and explains how
TPS beneficiaries and their employers
may determine which EADs are
automatically extended.
DATES: Effective Dates: The extension of
Somalia’s TPS designation is effective
September 17, 2006, and will remain in
effect until March 17, 2008. The 60-day
re-registration period begins July 27,
2006 and will remain in effect until
September 25, 2006.
FOR FURTHER INFORMATION CONTACT:
Matthew Horner, Status and Family
Branch, Service Center Operations, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 20
Massachusetts Avenue, NW., 2nd Floor,
Washington, DC 20529, telephone (202)
272–1505. This is not a toll free number.
SUPPLEMENTARY INFORMATION:
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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 Somalia for TPS?
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
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thereof, the Secretary, after consultation
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 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
Designation of Somalia for TPS?
On September 16, 1991, the Attorney
General published a Notice in the
Federal Register designating Somalia
for TPS due to extraordinary and
temporary conditions resulting from an
ongoing armed conflict. 56 FR 46804.
The Attorney General extended this TPS
designation annually, determining in
each instance that the conditions
warranting such designation continued
to be met. 57 FR 32232, 58 FR 48898,
59 FR 43359, 60 FR 39005, 61 FR 39472,
62 FR 41421, 63 FR 51602, 64 FR 49511,
65 FR 69789. On September 4, 2001, the
Attorney General re-designated Somalia
based upon extraordinary and
temporary conditions resulting from the
armed conflict and lack of functioning
state institutions. 66 FR 46288. Since
that date, the Attorney General or
Secretary of DHS has extended
Somalia’s TPS designation annually,
determining in each instance that the
conditions warranting such designation
continued to be met. 67 FR 48950, 68 FR
43147, 69 FR 47937, 70 FR 43895. The
most recent extension became effective
on September 17, 2005, and is due to
expire at midnight on September 17,
2006.
Since the date of the current
extension, DHS and the Department of
State (DOS) have continued to review
conditions in Somalia, which remain
dire. DOS submitted a memorandum
(‘‘DOS Recommendation’’) to USCIS
recommending the extension of TPS for
Somalia. Based on this review, an 18month extension of the TPS designation
is warranted because the armed conflict
and extraordinary and temporary
conditions that prompted designation
persist. Further, it is not contrary to the
national interest of the United States to
permit aliens who are eligible for TPS
to remain temporarily in the United
States. 8 U.S.C. 1254a(b)(1)(C).
Somalia has persisted in a state of
chaos since the fall of the Siad Barre
regime in January 1991, characterized
by the lack of central government, a
crippled economy, the absence of civil
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structures, and the destruction of
infrastructure (‘‘DOS
Recommendation’’). Generalized
‘‘insecurity’’ persists in the form of
banditry, kidnapping, looting, revenge
killings, targeted assassinations, and
inter-clan fighting. Id. The result has
been population displacement, loss of
livelihoods, food ‘‘insecurity,’’ and a
total lack of government services. Id.
The current security situation generally
prevents Somalis from repatriating in
safety. Id. Major regions of the country
are under the control of self-proclaimed
‘‘governors,’’ or warlords, in the absence
of any rule of law. Id. The capital,
Mogadishu, has been divided into
armed zones controlled by a dozen
factional leaders and two attempts were
made there on the life of the prime
minister. (USCIS Office of Refugee,
Asylum and International Operations
Report, June 21, 2006 (‘‘ORAIO
Report’’)). By mid-June 2006, Islamic
Court militias assumed control of
Mogadishu and a swath of southern
Somalia. Id. It is unclear how the
Islamic Court militias will work with
the Transitional Government or how the
militias will respond to the positioning
of Ethiopian troops along its shared
border. Id.
Although the signing of the Aden
Declaration on January 5, 2006, which
culminated in the convening of 211 of
the 275 members of Parliament,
improved the prospect for peace, the
peace process remains vulnerable. (DOS
Recommendation). Problems that persist
include a violent political power
struggle, extremist activity in
Mogadishu, a severe drought and
famine, and violent clashes over scarce
water, land, and grazing rights. Id.
The United Nations (UN) Somalia
country team, which consists of the
heads of the relevant UN humanitarian
aid offices present in Somalia and the
surrounding region, reported that
Somalia is plagued by extreme levels of
suffering. Id. Polio has reappeared and
there are presently more war-wounded
people living in Somalia than in any
other African country. Id. The number
of people directly affected by this
humanitarian emergency situation is
915,000. Id. The UN High Commissioner
for Refugees reported that there were
407,060 internally displaced persons
(IDPs) in Somalia, of which 250,000 are
located in the capital, Mogadishu.
(ORAIO Report). Severe drought and
localized conflicts during 2005
necessitated urgent humanitarian
assistance during the first half of 2006
for an estimated additional 1.7 million
Somalis (out of a total population of 7
million). Id.
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Based upon this review, the Secretary
of Homeland Security, after consultation
with appropriate Government agencies,
finds that the conditions for designation
of Somalia for TPS continue to be met.
See 8 U.S.C. 1254a(b)(3)(A) (describing
procedures for periodic review of TPS
designations). There is an ongoing
armed conflict and extraordinary and
temporary conditions in Somalia that
prevent aliens who are nationals of
Somalia (or aliens having no nationality
who last habitually resided in Somalia)
from returning in safety. The Secretary
also finds that permitting these aliens
who meet the TPS eligibility
requirements to remain temporarily in
the United States is not contrary to the
national interest of the United States.
See 8 U.S.C. 1254a(b)(1)(A) (describing
ongoing armed conflict); 1254a(b)(1)(C)
(describing extraordinary and temporary
terms of TPS). On the basis of these
findings and determinations, the
Secretary will exercise his discretion to
extend the TPS designation of Somalia
for an 18-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 Somalia for TPS and
Would Like to Maintain Them, Do I
Need to Re-Register for TPS?
Yes. If you already have received TPS
benefits through the designation of
Somalia for TPS, your benefits will
expire on September 17, 2006. All TPS
beneficiaries must comply with the reregistration requirements described
below to maintain TPS benefits through
March 17, 2008. 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), 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). In addition, all EADs
issued pursuant to this designation will
expire on September 17, 2006. TPS
beneficiaries who fail to re-register will
not be issued a new EAD valid through
March 17, 2008.
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 Somalia 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 (for which a fee waiver may be
requested));
(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
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(4) A photocopy of the front and back
of your EAD if you received an EAD
during the most recent registration
period.
When filing Form I–821, it is
important to place your Alien
Registration Number on your
application. You may find your Alien
Registration Number, also known as
‘‘A#,’’ listed below your name on your
EAD. In addition, please note that you
do not need to submit photographs with
your TPS application because a
photograph will be taken, if needed,
when you are requested to appear at an
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
applicants.
What Edition of the Form I–821 Should
be Submitted?
Form I–821 has been revised. Only
Forms I–821 with revision dates of
November 5, 2004 or later will be
accepted. The revision date can be
found on the bottom right corner of the
form. Submissions of older versions of
Form I–821 will be rejected. You may
obtain immigration forms, free of
charge, on the Internet at https://
www.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 March 17,
2008.
You are not applying for 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.
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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 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’’ and wish to renew
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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).
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When Should I Submit My ReRegistration Application for TPS?
Applications must be filed during the
60-day re-registration period from July
27, 2006 until September 25, 2006. You
are encouraged to file the application as
soon as possible after the start of the 60day re-registration period.
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Where Should I Submit My ReRegistration Application for TPS?
427 S. LaSalle—3rd Floor, Chicago, IL
60605–1029.
To facilitate efficient processing,
USCIS has designated two post office
(P.O.) boxes with the Chicago Lockbox
for the filing of TPS applications. The
type of TPS re-registration application
you submit will determine the P.O. Box
where your application must be
submitted. Certain applications for TPS
re-registration may also be electronically
filed or ‘‘E-Filed’’ as well. See below for
further filing 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 reregistration 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 6943, Chicago, IL 60680–6943.
Or, for non-United States Postal
Service (USPS) deliveries: U.S.
Citizenship and Immigration Services,
Attn: TPS—Somalia, 427 S. LaSalle—
3rd Floor, Chicago, IL 60605–1029.
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 27, 2006 to September
25, 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 reregister 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 automatically link the alien to
Form I–765.
Aliens re-registering for TPS after
September 25, 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 a reregistration application that requires the
submission of additional documentation
or who are filing for TPS 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 8677, Chicago, IL 60680–8677.
Or, for non-United States Postal
Service (USPS) deliveries: U.S.
Citizenship and Immigration Services,
Attn: TPS—Somalia—[EOIR/Additional
Documents] or [Late Initial Registrant],
Note: Please make sure to use either EOIR/
Additional Documents or Late Initial
Registrant on the ‘‘Attn:’’ line, as appropriate,
after ‘‘Somalia,’’ above.
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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 alien
must submit an explanation, on a
separate sheet(s) of paper, and/or
additional documentation.
(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.
Category 2 applications may not be EFiled.
Are Certain Aliens Ineligible for TPS?
Yes. There are certain criminal and
security-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, as are aliens
described in the bars to asylum in
section 208(b)(2)(A) of the Act. 8 U.S.C.
1254a(c)(2)(B)(i)–(ii), 1158(b)(2)(A).
Aliens should also note that an
individual granted TPS will have his or
her TPS withdrawn if the alien was not
in fact eligible for TPS, fails without
good cause to timely re-register, or, with
some exceptions, fails to maintain
continuous physical presence in the
United States from the date the alien
first was granted TPS. 8 U.S.C.
1254a(c)(3)(A)–(C).
Am I Eligible to Receive an Automatic
Extension of My EAD From September
17, 2006, to March 17, 2007?
To receive an automatic extension of
your EAD, you must be a national of
Somalia (or an alien having no
nationality who last habitually resided
in Somalia) who has applied for and
received an EAD under the TPS
designation for Somalia and who has
not had TPS withdrawn or denied. This
automatic extension is limited to EADs
(1) issued on Form I–766, Employment
Authorization Document, (2) bearing an
expiration date of September 17, 2006,
and (3) 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 for Somalia and
Am Re-Registering for TPS, How Do I
Receive an Extension of My EAD after
the 6-Month Automatic Extension
Expires?
TPS re-registrants 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 the following
documents: (1) Your receipt notice for
your re-registration application; (2) your
ASC appointment notice; and (3) your
current EAD. If no further action is
required for your case, you will receive
a new EAD, valid until March 17, 2008,
through the mail. 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 your
re-registration application is approved,
you will receive a new EAD in the mail
with an expiration date of March 17,
2008.
May I Request an Interim EAD at My
Local District Office?
No. USCIS will not issue 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 March 17, 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 17, 2007, employers of
Somali 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 March 17, 2007, will
actually contain an expiration date of
September 17, 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 showing the
March 17, 2007, expiration date of the
six-month automatic extension will not
be issued.
Employers should not request proof of
Somali citizenship. If presented with an
EAD that has been extended pursuant to
this Federal Register Notice and that
reasonably appears on its face to be
genuine and appears to relate to the
employee, employers 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
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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) (employers reverification requirements). 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/.
rwilkins on PROD1PC63 with NOTICES
How May Employers Determine an
Employee’s Eligibility for Employment
Once the Automatic Extension Has
Expired, Between March 17, 2007, and
the End of the TPS Extension on March
17, 2008?
TPS beneficiaries who successfully reregister will possess an EAD with an
expiration date of March 17, 2008. This
EAD 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 Can an Employee Present to an
Employer for Purposes of Completing
Form I–9, Employment Eligibility
Verification?
During the first six months of this
extension of the TPS designation for
Somalia, 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 sixmonth 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
VerDate Aug<31>2005
16:46 Jul 26, 2006
Jkt 208001
identity and employment authorization
until March 17, 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
17, 2007.
After the first six months of this
designation extension, employees may
present a new EAD valid through March
17, 2008.
As an 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 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
other 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).
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
42657
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),
1254a(c)(2)(B)(ii).
Does This Extension Allow Nationals of
Somalia (or Aliens Having No
Nationality Who Last Habitually
Resided in Somalia) Who Entered the
United States after September 4, 2001,
to File for TPS?
No. This is a Notice of an extension
of TPS, not a Notice of re-designation of
TPS for Somalia. 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
eligibility beyond the current TPS
requirements for the Somalia
designation. To be eligible for TPS
benefits under this extension, nationals
of Somalia (or aliens having no
nationality who last habitually resided
in Somalia) must have been
continuously physically present and
continuously resided in the United
States since September 4, 2001.
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 Somalia (or an
alien who has no nationality and who
last habitually resided in Somalia);
(2) Have continuously resided in the
United States since September 4, 2001;
(3) Have been continuously physically
present in the United States since
September 4, 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
registration period for the re-designation
(from September 4, 2001 to September
17, 2002), he or she:
(1) Was a nonimmigrant or had been
granted voluntary departure status or
any relief from removal;
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Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Notices
(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 pursuant to the TPS
designation of Somalia should be
submitted to the aforementioned
Lockbox address in Chicago, Illinois
listed under Category 2.
What Happens When This Extension of
TPS Expires on March 17, 2008?
At least 60 days before this extension
of Somalia’s TPS designation expires on
March 17, 2008, the Secretary, after
consultation with appropriate agencies
of the Government, will review
conditions in Somalia 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.
rwilkins on PROD1PC63 with NOTICES
Notice of Extension of Designation of
TPS for Somalia
By the authority vested in the
Secretary of Homeland Security under
section 244 of the Act, the Secretary has
determined, after consultation with the
appropriate Government agencies, that
the conditions that prompted
designation of Somalia for TPS continue
to be met. Accordingly, the Secretary
orders as follows:
(1) The TPS designation of Somalia is
extended for an additional 18-month
period from September 17, 2006, to
March 17, 2008. 8 U.S.C. 1254a(b)(1)(A);
1254a(b)(1)(C); 1254a(b)(3)(C).
(2) There are approximately 250
nationals of Somalia (or aliens having
no nationality who last habitually
resided in Somalia) who have been
granted TPS and who may be eligible for
re-registration.
(3) To maintain TPS, a national of
Somalia (or an alien having no
nationality who last habitually resided
in Somalia) who was granted TPS and
who has not had TPS withdrawn must
re-register for TPS during the 60-day reregistration period from July 27, 2006
until September 25, 2006.
VerDate Aug<31>2005
16:46 Jul 26, 2006
Jkt 208001
(4) To re-register, aliens must follow
the aforementioned filing procedures set
forth in this Notice.
Information concerning the extension
of the designation of Somalia 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: July 13, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06–6401 Filed 7–26–06; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[UT–923–06–1320–00]
Notice of Federal Competitive Coal
Lease Sale, Utah
Bureau of Land Management,
Interior.
ACTION: Notice of Competitive Coal
Lease Sale, Mill Fork West Tract, Coal
Lease Application UTU–84285.
AGENCY:
SUMMARY: Notice is hereby given that
the United States Department of the
Interior, Bureau of Land Management
(BLM) Utah State Office will offer
certain coal resources described below
as the Mill Fork West Tract (UTU–
84285) in Emery County, Utah, for
competitive sale by sealed bid, in
accordance with the provisions for
competitive lease sale notices in 43 CFR
3422.2(a), and the Mineral Leasing Act
of 1920, as amended and supplemented
(30 U.S.C. 181 et seq).
DATES: The lease sale will be held at 1
p.m., Tuesday, August 1, 2006. The bid
must be sent by certified mail, return
receipt requested, or be hand delivered
to the address indicated below, and
must be received on or before 10 a.m.,
Tuesday, August 1, 2006.
The BLM cashier will issue a receipt
for each hand delivered sealed bid. Any
bid received after the time specified will
not be considered and will be returned.
The outside of the sealed envelope
containing the bid must clearly state
that envelop contains a bid for Coal
Lease Sale UTU–84285, and is not to be
opened before the date and hour of the
sale.
ADDRESSES: The lease sale will be held
in the Utah State Office, BLM in the
Monument Conference Room, Fifth
Floor, 440 West 200 South, Salt Lake
City, Utah. Sealed bids can be hand
delivered to the cashier, Utah State
Office, 440 West 200 South, Suite 500,
Salt Lake City, Utah, or may be mailed
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
to the BLM, Utah State Office, P.O. Box
45155, Salt Lake City, Utah 84145–0155.
FOR FURTHER INFORMATION CONTACT: Stan
Perkes, 440 West 200 South, Suite 500
Salt Lake City, Utah 84101–1345 or
telephone 801–539–4036.
SUPPLEMENTARY INFORMATION: This Coal
Lease Sale is being held in response to
a lease by application (LBA) submitted
by InterWest Mining Company
(InterWest), a subsidiary of PacifiCorp to
BLM on January 26, 2006. All coal LBAs
submitted to BLM for processing on or
after November 7, 2005 are subject to
cost recovery on a case by case basis
(See 43 CFR 3000.10(d)(1), 70 FR 58872,
October 7, 2005). The cost recovery
rules implemented for coal LBAs at 43
CFR 3473.2(f) (70 FR 58876, October 7,
2005) require the applicant who
nominates a tract for a competitive lease
sale to pay the processing fee on a caseby-case basis as described in 43 CFR
3000.11 prior to publication of the sale
notice. InterWest paid the BLM a
processing fee in the amount of
$12.388.00. The successful bidder must
pay to BLM the cost recovery amount of
all costs BLM incurs processing the coal
lease sale and additionally must pay all
processing costs that BLM incurs after
the date of the sale notice leading to
lease issuance (See 43 CFR 3473.2(f)). If
the successful bidder is someone other
than the applicant, BLM will refund to
the applicant the processing fee
specified in this sale notice. If there is
no successful bidder, the applicant
remains responsible for all processing
fees.
The coal resources to be offered
consist of all recoverable reserves
available in the following described
lands located in Emery County, Utah
approximately fourteen miles northwest
of Huntington, Utah on Forest Service
(FS) administered surface with BLM
administered minerals:
SLM, Emery County, Utah
T. 16 S., R. 6 E.,
Sec. 10, S1⁄2NE1⁄4NE1⁄4, SE1⁄4NE1⁄4,
W1⁄2E1⁄2SE1⁄4;
Sec. 15, E1⁄2W1⁄2E1⁄2;
Sec. 22, lot 3.
Containing approximately 213.57
acres in Emery County, Utah.
The Mill Fork West coal tract has two
minable coal beds. The minable
portions of the Hiawatha coal bed and
the Blind Canyon coal bed in this area
are around eleven feet in thickness. The
Hiawatha and Blind Canyon coal beds
contain around 325 thousand tons of
recoverable high-volatile A to B
bituminous coal. The coal quality in the
Hiawatha coal bed on an ‘‘as received
basis’’ is as follows: 12,892 Btu/lb., 4.54
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]]>Agencies
[Federal Register Volume 71, Number 144 (Thursday, July 27, 2006)]
[Notices]
[Pages 42653-42658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6401]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2388-06; USCIS-2006-0018]
RIN 1615-ZA35
Extension of the Designation of Temporary Protected Status for
Somalia; Automatic Extension of Employment Authorization Documentation
for Somalia TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice of extension of temporary protected status for Somalia.
-----------------------------------------------------------------------
SUMMARY: The designation of Somalia for Temporary Protected Status
(TPS) will expire on September 17, 2006. This Notice informs the public
that the TPS designation for Somalia has been extended for 18 months,
until March 17, 2008, and sets forth procedures for nationals of
Somalia (or aliens having no nationality who last habitually resided in
Somalia) with TPS to re-register and to apply for an extension of their
Employment Authorization Documents (EADs) for the additional 18-month
period. Re-registration is limited to persons who have previously
registered for TPS under the designation of Somalia and whose
application was granted or remains pending. Certain nationals of
Somalia (or aliens having
[[Page 42654]]
no nationality who last habitually resided in Somalia) who have not
previously applied for TPS may be eligible to apply under the late
initial registration provisions.
Given the timeframes involved with processing TPS re-registrants,
the Department of Homeland Security (DHS) recognizes that many re-
registrants may not receive a new EAD until after their current EAD
expires on September 17, 2006. Accordingly, this Notice automatically
extends the validity of EADs issued under the TPS designation of
Somalia for six months until March 17, 2007, and explains how TPS
beneficiaries and their employers may determine which EADs are
automatically extended.
DATES: Effective Dates: The extension of Somalia's TPS designation is
effective September 17, 2006, and will remain in effect until March 17,
2008. The 60-day re-registration period begins July 27, 2006 and will
remain in effect until September 25, 2006.
FOR FURTHER INFORMATION CONTACT: Matthew Horner, Status and Family
Branch, Service Center Operations, U.S. Citizenship and Immigration
Services, Department of Homeland Security, 20 Massachusetts Avenue,
NW., 2nd Floor, Washington, DC 20529, telephone (202) 272-1505. 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 Somalia for TPS?
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 consultation 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 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
Designation of Somalia for TPS?
On September 16, 1991, the Attorney General published a Notice in
the Federal Register designating Somalia for TPS due to extraordinary
and temporary conditions resulting from an ongoing armed conflict. 56
FR 46804. The Attorney General extended this TPS designation annually,
determining in each instance that the conditions warranting such
designation continued to be met. 57 FR 32232, 58 FR 48898, 59 FR 43359,
60 FR 39005, 61 FR 39472, 62 FR 41421, 63 FR 51602, 64 FR 49511, 65 FR
69789. On September 4, 2001, the Attorney General re-designated Somalia
based upon extraordinary and temporary conditions resulting from the
armed conflict and lack of functioning state institutions. 66 FR 46288.
Since that date, the Attorney General or Secretary of DHS has extended
Somalia's TPS designation annually, determining in each instance that
the conditions warranting such designation continued to be met. 67 FR
48950, 68 FR 43147, 69 FR 47937, 70 FR 43895. The most recent extension
became effective on September 17, 2005, and is due to expire at
midnight on September 17, 2006.
Since the date of the current extension, DHS and the Department of
State (DOS) have continued to review conditions in Somalia, which
remain dire. DOS submitted a memorandum (``DOS Recommendation'') to
USCIS recommending the extension of TPS for Somalia. Based on this
review, an 18-month extension of the TPS designation is warranted
because the armed conflict and extraordinary and temporary conditions
that prompted designation persist. Further, it is not contrary to the
national interest of the United States to permit aliens who are
eligible for TPS to remain temporarily in the United States. 8 U.S.C.
1254a(b)(1)(C).
Somalia has persisted in a state of chaos since the fall of the
Siad Barre regime in January 1991, characterized by the lack of central
government, a crippled economy, the absence of civil structures, and
the destruction of infrastructure (``DOS Recommendation''). Generalized
``insecurity'' persists in the form of banditry, kidnapping, looting,
revenge killings, targeted assassinations, and inter-clan fighting. Id.
The result has been population displacement, loss of livelihoods, food
``insecurity,'' and a total lack of government services. Id. The
current security situation generally prevents Somalis from repatriating
in safety. Id. Major regions of the country are under the control of
self-proclaimed ``governors,'' or warlords, in the absence of any rule
of law. Id. The capital, Mogadishu, has been divided into armed zones
controlled by a dozen factional leaders and two attempts were made
there on the life of the prime minister. (USCIS Office of Refugee,
Asylum and International Operations Report, June 21, 2006 (``ORAIO
Report'')). By mid-June 2006, Islamic Court militias assumed control of
Mogadishu and a swath of southern Somalia. Id. It is unclear how the
Islamic Court militias will work with the Transitional Government or
how the militias will respond to the positioning of Ethiopian troops
along its shared border. Id.
Although the signing of the Aden Declaration on January 5, 2006,
which culminated in the convening of 211 of the 275 members of
Parliament, improved the prospect for peace, the peace process remains
vulnerable. (DOS Recommendation). Problems that persist include a
violent political power struggle, extremist activity in Mogadishu, a
severe drought and famine, and violent clashes over scarce water, land,
and grazing rights. Id.
The United Nations (UN) Somalia country team, which consists of the
heads of the relevant UN humanitarian aid offices present in Somalia
and the surrounding region, reported that Somalia is plagued by extreme
levels of suffering. Id. Polio has reappeared and there are presently
more war-wounded people living in Somalia than in any other African
country. Id. The number of people directly affected by this
humanitarian emergency situation is 915,000. Id. The UN High
Commissioner for Refugees reported that there were 407,060 internally
displaced persons (IDPs) in Somalia, of which 250,000 are located in
the capital, Mogadishu. (ORAIO Report). Severe drought and localized
conflicts during 2005 necessitated urgent humanitarian assistance
during the first half of 2006 for an estimated additional 1.7 million
Somalis (out of a total population of 7 million). Id.
[[Page 42655]]
Based upon this review, the Secretary of Homeland Security, after
consultation with appropriate Government agencies, finds that the
conditions for designation of Somalia for TPS continue to be met. See 8
U.S.C. 1254a(b)(3)(A) (describing procedures for periodic review of TPS
designations). There is an ongoing armed conflict and extraordinary and
temporary conditions in Somalia that prevent aliens who are nationals
of Somalia (or aliens having no nationality who last habitually resided
in Somalia) from returning in safety. The Secretary also finds that
permitting these aliens who meet the TPS eligibility requirements to
remain temporarily in the United States is not contrary to the national
interest of the United States. See 8 U.S.C. 1254a(b)(1)(A) (describing
ongoing armed conflict); 1254a(b)(1)(C) (describing extraordinary and
temporary terms of TPS). On the basis of these findings and
determinations, the Secretary will exercise his discretion to extend
the TPS designation of Somalia for an 18-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 Somalia for TPS
and Would Like to Maintain Them, Do I Need to Re-Register for TPS?
Yes. If you already have received TPS benefits through the
designation of Somalia for TPS, your benefits will expire on September
17, 2006. All TPS beneficiaries must comply with the re-registration
requirements described below to maintain TPS benefits through March 17,
2008. 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), 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). In addition, all EADs issued pursuant
to this designation will expire on September 17, 2006. TPS
beneficiaries who fail to re-register will not be issued a new EAD
valid through March 17, 2008.
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 Somalia
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 (for which a fee waiver
may be requested));
(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.
When filing Form I-821, it is important to place your Alien
Registration Number on your application. You may find your Alien
Registration Number, also known as ``A,'' listed below your
name on your EAD. In addition, please note that you do not need to
submit photographs with your TPS application because a photograph will
be taken, if needed, when you are requested to appear at an 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 applicants.
What Edition of the Form I-821 Should be Submitted?
Form I-821 has been revised. Only Forms I-821 with revision dates
of November 5, 2004 or later will be accepted. The revision date can be
found on the bottom right corner of the form. Submissions of older
versions of Form I-821 will be rejected. You may obtain immigration
forms, free of charge, on the Internet at https://www.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 You must complete and file the
your EAD valid until March 17, 2008. Form I-765, Application for
Employment Authorization, with
the $180 fee.
You are not applying for an extension You must complete and file Form
of 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'' 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 I Submit My Re-Registration Application for TPS?
Applications must be filed during the 60-day re-registration period
from July 27, 2006 until September 25, 2006. You are encouraged to file
the application as soon as possible after the start of the 60-day re-
registration period.
[[Page 42656]]
Where Should I Submit My Re-Registration 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. The type of TPS re-registration application you submit
will determine the P.O. Box where your application must be submitted.
Certain applications for TPS re-registration may also be electronically
filed or ``E-Filed'' as well. See below for further filing
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 6943,
Chicago, IL 60680-6943.
Or, for non-United States Postal Service (USPS) deliveries: U.S.
Citizenship and Immigration Services, Attn: TPS--Somalia, 427 S.
LaSalle--3rd Floor, Chicago, IL 60605-1029.
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 27, 2006 to September 25, 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 automatically link the alien to Form I-765.
Aliens re-registering for TPS after September 25, 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 a re-registration application
that requires the submission of additional documentation or who are
filing for TPS 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 8677, Chicago, IL 60680-8677.
Or, for non-United States Postal Service (USPS) deliveries: U.S.
Citizenship and Immigration Services, Attn: TPS--Somalia--[EOIR/
Additional Documents] or [Late Initial Registrant], 427 S. LaSalle--3rd
Floor, Chicago, IL 60605-1029.
Note: Please make sure to use either EOIR/Additional Documents
or Late Initial Registrant on the ``Attn:'' line, as appropriate,
after ``Somalia,'' above.
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 alien must submit an
explanation, on a separate sheet(s) of paper, and/or additional
documentation.
(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.
Category 2 applications may not be E-Filed.
Are Certain Aliens Ineligible for TPS?
Yes. There are certain criminal and security-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, as are
aliens described in the bars to asylum in section 208(b)(2)(A) of the
Act. 8 U.S.C. 1254a(c)(2)(B)(i)-(ii), 1158(b)(2)(A). Aliens should also
note that an individual granted TPS will have his or her TPS withdrawn
if the alien was not in fact eligible for TPS, fails without good cause
to timely re-register, or, with some exceptions, fails to maintain
continuous physical presence in the United States from the date the
alien first was granted TPS. 8 U.S.C. 1254a(c)(3)(A)-(C).
Am I Eligible to Receive an Automatic Extension of My EAD From
September 17, 2006, to March 17, 2007?
To receive an automatic extension of your EAD, you must be a
national of Somalia (or an alien having no nationality who last
habitually resided in Somalia) who has applied for and received an EAD
under the TPS designation for Somalia and who has not had TPS withdrawn
or denied. This automatic extension is limited to EADs (1) issued on
Form I-766, Employment Authorization Document, (2) bearing an
expiration date of September 17, 2006, and (3) 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 for Somalia
and Am Re-Registering for TPS, How Do I Receive an Extension of My EAD
after the 6-Month Automatic Extension Expires?
TPS re-registrants 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 the following documents: (1) Your
receipt notice for your re-registration application; (2) your ASC
appointment notice; and (3) your current EAD. If no further action is
required for your case, you will receive a new EAD, valid until March
17, 2008, through the mail. 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 your re-
registration application is approved, you will receive a new EAD in the
mail with an expiration date of March 17, 2008.
May I Request an Interim EAD at My Local District Office?
No. USCIS will not issue 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 March 17, 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 17,
2007, employers of Somali 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 March 17, 2007, will actually contain an expiration date of
September 17, 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
showing the March 17, 2007, expiration date of the six-month automatic
extension will not be issued.
Employers should not request proof of Somali citizenship. If
presented with an EAD that has been extended pursuant to this Federal
Register Notice and that reasonably appears on its face to be genuine
and appears to relate to the employee, employers 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
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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) (employers re-verification
requirements). 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 17, 2007, and
the End of the TPS Extension on March 17, 2008?
TPS beneficiaries who successfully re-register will possess an EAD
with an expiration date of March 17, 2008. This EAD 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 Can an Employee Present to an Employer for Purposes of Completing
Form I-9, Employment Eligibility Verification?
During the first six months of this extension of the TPS
designation for Somalia, 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 six-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 March 17, 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 17, 2007.
After the first six months of this designation extension, employees
may present a new EAD valid through March 17, 2008.
As an 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 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 other 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), 1254a(c)(2)(B)(ii).
Does This Extension Allow Nationals of Somalia (or Aliens Having No
Nationality Who Last Habitually Resided in Somalia) Who Entered the
United States after September 4, 2001, to File for TPS?
No. This is a Notice of an extension of TPS, not a Notice of re-
designation of TPS for Somalia. 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 eligibility
beyond the current TPS requirements for the Somalia designation. To be
eligible for TPS benefits under this extension, nationals of Somalia
(or aliens having no nationality who last habitually resided in
Somalia) must have been continuously physically present and
continuously resided in the United States since September 4, 2001.
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 Somalia (or an alien who has no nationality
and who last habitually resided in Somalia);
(2) Have continuously resided in the United States since September
4, 2001;
(3) Have been continuously physically present in the United States
since September 4, 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 registration period for the re-designation (from September 4, 2001
to September 17, 2002), he or she:
(1) Was a nonimmigrant or had been granted voluntary departure
status or any relief from removal;
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(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal or change of
status pending or subject to further review or appeal;
(3) Was a parolee or had a pending request for reparole; or
(4) Is the spouse or child of an alien currently eligible to be a
TPS registrant.
An applicant for late initial registration must file an application
for late registration no later than 60 days after the expiration or
termination of the conditions described above. 8 CFR 244.2(g). All late
initial registration applications pursuant to the TPS designation of
Somalia should be submitted to the aforementioned Lockbox address in
Chicago, Illinois listed under Category 2.
What Happens When This Extension of TPS Expires on March 17, 2008?
At least 60 days before this extension of Somalia's TPS designation
expires on March 17, 2008, the Secretary, after consultation with
appropriate agencies of the Government, will review conditions in
Somalia 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 Somalia
By the authority vested in the Secretary of Homeland Security under
section 244 of the Act, the Secretary has determined, after
consultation with the appropriate Government agencies, that the
conditions that prompted designation of Somalia for TPS continue to be
met. Accordingly, the Secretary orders as follows:
(1) The TPS designation of Somalia is extended for an additional
18-month period from September 17, 2006, to March 17, 2008. 8 U.S.C.
1254a(b)(1)(A); 1254a(b)(1)(C); 1254a(b)(3)(C).
(2) There are approximately 250 nationals of Somalia (or aliens
having no nationality who last habitually resided in Somalia) who have
been granted TPS and who may be eligible for re-registration.
(3) To maintain TPS, a national of Somalia (or an alien having no
nationality who last habitually resided in Somalia) who was granted TPS
and who has not had TPS withdrawn must re-register for TPS during the
60-day re-registration period from July 27, 2006 until September 25,
2006.
(4) To re-register, aliens must follow the aforementioned filing
procedures set forth in this Notice.
Information concerning the extension of the designation of Somalia
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: July 13, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06-6401 Filed 7-26-06; 8:45 am]
BILLING CODE 4410-10-P
