Extension of the Designation of Sudan for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Sudanese TPS Beneficiaries, 10541-10546 [E7-4097]
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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices
Estimated Cost: There is no expected
cost to the respondents. The estimated
annual cost to the Federal Government
is $193,750.
Comments: Written comments are
solicited to (a) evaluate whether the
proposed data collection is necessary for
the proper performance of the agency,
including whether the information shall
have practical utility; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(c) enhance the quality, utility, and
clarity of the information to be
collected; and (d) minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses. Comments must be
submitted on or before May 7, 2007.
ADDRESSES: Interested persons should
submit written comments to Chief,
Records Management and Privacy,
Information Resources Management
Branch, Information Technology
Services Division, Federal Emergency
Management Agency, 500 C Street, SW.,
Room 609, Washington, DC 20472.
FOR FURTHER INFORMATION CONTACT:
Contact Christopher Trice, Program
Analyst, Federal Emergency
Management Agency, at 540–678–2109
for additional information. You may
contact the Records Management
Branch for copies of the proposed
collection of information at facsimile
number (202) 646–3347 or e-mail
address: FEMA-InformationCollections@dhs.gov.
Dated: March 1, 2007.
John A. Sharetts-Sullivan,
Chief, Records Management and Privacy,
Information Resources Management Branch,
Information Technology Services Division,
Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. E7–4161 Filed 3–7–07; 8:45 am]
BILLING CODE 9110–10–P
DEPARTMENT OF HOMELAND
SECURITY
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Federal Emergency Management
Agency
Open Meeting/Conference Call, Board
of Visitors for the National Fire
Academy
U.S. Fire Administration,
Federal Emergency Management
Agency, DHS.
AGENCY:
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ACTION:
Notice of open meeting.
SUMMARY: In accordance with the
Federal Advisory Committee Act, the
Federal Emergency Management Agency
announces the following committee
meeting:
Name: Board of Visitors (BOV) for the
National Fire Academy.
Date of Meeting: March 28–29, 2007.
Place: Building H, Room 300,
National Emergency Training Center,
Emmitsburg, Maryland.
Time: 9 a.m.–5 p.m. on March 28;
8:30 a.m.–12 p.m. on March 29.
Proposed Agenda: Review National
Fire Academy Program Activities.
In
accordance with section 10(a)(2) of the
Federal Advisory Committee Act, 5
U.S.C. App. 2, the Federal Emergency
Management Agency announces that the
committee meeting will be open to the
public in the Emmitsburg commuting
area with seating available on a firstcome, first-served basis. Members of the
general public who plan to participate
in the meeting should contact the Office
of the Superintendent, National Fire
Academy, U.S. Fire Administration,
16825 South Seton Avenue,
Emmitsburg, MD 21727, (301) 447–
1117, on or before March 21, 2007.
Minutes of the meeting will be
prepared and will be available for
public viewing in the Office of the U.S.
Fire Administrator, U.S. Fire
Administration, Federal Emergency
Management Agency, Emmitsburg,
Maryland 21727. Copies of the minutes
will be available upon request within 60
days after the meeting.
The National Fire Academy Board of
Visitors is administered by the U.S. Fire
Administration, which is currently part
of the Preparedness Directorate of the
Department of Homeland Security. In
the near future, the U.S. Fire
Administration will be transferred to the
Federal Emergency Management
Agency, also part of the Department of
Homeland Security. During this
transition, the Federal Emergency
Management Agency will continue to
support this program.
SUPPLEMENTARY INFORMATION:
Dated: March 1, 2007.
Charlie Dickinson,
Acting U.S. Fire Administrator.
[FR Doc. E7–4151 Filed 3–7–07; 8:45 am]
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10541
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2404–07; DHS Docket No. USCIS–
2007–0002]
RIN 1615–ZA46
Extension of the Designation of Sudan
for Temporary Protected Status;
Automatic Extension of Employment
Authorization Documentation for
Sudanese TPS Beneficiaries
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Notice of extension of
temporary protected status designation
of Sudan.
AGENCY:
SUMMARY: This Notice alerts the public
that the designation of Sudan for
Temporary Protected Status (TPS) has
been extended for 18 months to
November 2, 2008, from its current
expiration date of May 2, 2007. This
Notice also sets forth procedures
necessary for nationals of Sudan (or
aliens having no nationality who last
habitually resided in Sudan) with TPS
to re-register and to apply for an
extension of their Employment
Authorization Documents (EADs) for the
additional 18-month period. Reregistration is limited to persons who
have previously registered for TPS
under the designation of Sudan and
whose application has been granted or
remains pending. Certain nationals of
Sudan (or aliens having no nationality
who last habitually resided in Sudan)
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 re-registrants may
not receive a new EAD until after their
current EAD expires on May 2, 2007.
Accordingly, this Notice automatically
extends the validity of EADs issued
under the TPS designation of Sudan for
six months, through November 2, 2007,
and explains how TPS beneficiaries and
their employers may determine which
EADs are automatically extended. New
EADs with the November 2, 2008
expiration date will be issued to eligible
TPS beneficiaries who timely re-register
and apply for an EAD.
DATES: The extension of the TPS
designation of Sudan is effective May 3,
2007, and will remain in effect until
11:59 p.m. on November 2, 2008. The
60-day re-registration period begins
March 8, 2007, and will remain in effect
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until May 7, 2007. To facilitate
processing of their applications,
applicants are strongly encouraged to
file as soon as possible after the start of
the 60-day re-registration period
beginning on March 8, 2007.
FOR FURTHER INFORMATION CONTACT:
Matthew Horner, Status and Family
Branch, Office of 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 call. Further
information will also be available at
local USCIS offices upon publication of
this Notice and on the USCIS Web site
at https://uscis.gov.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This
Document
Act—Immigration and Nationality Act
ASC—USCIS Application Support
Center
DHS—Department of Homeland
Security
EAD—Employment Authorization
Document
Secretary—Secretary of Homeland
Security
SAF—Sudanese Armed Forces
SPLM/A—Sudan People’s Liberation
Movement/Army
USCIS—U.S. Citizenship and
Immigration Services
UNHCR—United Nations High
Commissioner for Refugees
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What authority does the Secretary of
Homeland Security have to extend the
designation of Sudan for TPS?
Section 244(b)(1) of the Immigration
and Nationality Act (Act), 8 U.S.C.
1254a(b)(1), authorizes the Secretary of
Homeland Security (Secretary), after
consultation with appropriate agencies
of the Government, to designate a
foreign state (or part thereof) for TPS.
The Secretary may then grant TPS to
eligible nationals of that foreign state (or
aliens having no nationality who last
habitually resided in that state). 8 U.S.C.
1254a(a)(1)(A).
At least 60 days before the expiration
of the TPS designation, or any extension
thereof, the Secretary, after
consultations with appropriate agencies
of the Government, must review the
conditions in a foreign state designated
for TPS to determine whether the
conditions for the TPS designation
continue to be met and, if so, the length
of an extension. 8 U.S.C. 1254a(b)(3)(A),
(C). If the Secretary determines that the
foreign state no longer meets the
conditions for the TPS designation, he
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must terminate the designation. 8 U.S.C.
1254a(b)(3)(B).
Why did the Secretary decide to extend
the TPS designation of Sudan?
On November 4, 1997, the Attorney
General published a Notice in the
Federal Register at 62 FR 59737
designating Sudan for TPS based on an
ongoing armed conflict and
extraordinary and temporary conditions
within that country. The Attorney
General extended this designation the
next year, determining that the
conditions warranting such designation
continued to be met. 63 FR 59337 (Nov.
3, 1998). On November 9, 1999, the
Attorney General extended and redesignated Sudan by publishing a
Notice in the Federal Register, based
upon the ongoing armed conflict and
extraordinary and temporary conditions.
64 FR 61128. Subsequent to that date,
the Attorney General and the Secretary
of Homeland Security have extended
the TPS designation of Sudan four
times, determining in each instance that
the conditions warranting the
designation continued to be met. 65 FR
67407 (Nov. 9, 2000); 66 FR 46031 (Aug.
31, 2001); 67 FR 55877 (Aug. 30, 2002);
68 FR 52410 (Sept. 3, 2003). On October
7, 2004, the Secretary extended and redesignated Sudan for TPS due to the
ongoing armed conflict in the Darfur
region and the extraordinary and
temporary conditions resulting from the
ongoing conflict. 69 FR 60168. The most
recent extension of Sudan for TPS
became effective on November 2, 2005,
and is due to expire at 11:59 p.m. May
2, 2007. 70 FR 52429 (Sept. 2, 2005).
Over the past year, DHS and the
Department of State have continued to
review conditions in Sudan. Based on
this review, the Secretary has concluded
that an 18-month extension is warranted
because the armed conflict and
extraordinary and temporary conditions
that prompted redesignation of Sudan
for TPS in October 2004 persist. Further,
the Secretary has determined that it is
not contrary to the national interest of
the United States to permit aliens who
are eligible for TPS based on the
designation of Sudan to remain
temporarily in the United States. See 8
U.S.C. 1254a(b)(1)(C).
Despite the signing of a
comprehensive peace agreement
between the government of Sudan and
the Sudan People’s Liberation
Movement/Army (SPLM/A), conditions
in Sudan continue to be volatile and
dangerous in large parts of Western and
Southern Sudan. Sporadic violence
continues in Southern Sudan, with
fighting among armed elements
associated with the Sudanese Armed
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Forces (SAF), the SAF itself, and the
SPLM/A. The humanitarian crisis in the
Darfur region of Western Sudan
continues to cause concern, with an
estimated 250,000 people displaced
since the beginning of 2006, and armed
clashes have intensified since
September 2006. In November 2006,
10,000 civilians were displaced during
joint government/Janjaweed attacks on
12 villages in the Jebel Mara region of
Darfur and the deliberate targeting of
civilians continues. Since the beginning
of the conflict, approximately 2 million
people have been forced to leave their
homes and live in displaced person
camps while hundreds of thousands
have been killed.
There have also been incidents of
violence and instability in southern
Sudan. It is estimated that 250 civilian
and military deaths resulted from
fighting that erupted between the SPLA
and a faction of the South Sudan
Defense Forces and that an additional
300–400 civilians were wounded. Some
of the violence was attributed to the
forces of the Ugandan rebel Lord’s
Resistance Army, which, despite having
signed a cessation of hostilities
agreement with the government of
Uganda on August 26, 2006, was
reported by the former United Nations
Secretary-General to continue to pose a
military threat. The Government of
Southern Sudan has since stepped up
efforts to restore security in the region.
Access to humanitarian relief is
limited by security concerns and
Government of Sudan-imposed
constraints on relief organizations.
While the Office of the United Nations
High Commissioner for Refugees
(UNHCR) facilitated the return of
approximately 91,000 southern
Sudanese refugees and displaced
persons to Sudan through direct
repatriation assistance and reintegration
programs in 2006, return is not risk free;
civilians have continued to be victims of
episodic violence, and UNHCR has not
yet moved into a phase of actively
promoting refugee returns.
Based upon this review, the Secretary
finds, after consultation with the
appropriate Government agencies, that
the conditions that prompted the
designation of Sudan for TPS continue
to be met. See 8 U.S.C. 1254a(b)(3)(A).
The armed conflict is ongoing and there
are extraordinary and temporary
conditions in Sudan that prevent aliens
who are nationals of Sudan (or aliens
having no nationality who last
habitually resided in Sudan) from
returning in safety. See 8 U.S.C.
1254a(b)(1)(A), (C). The Secretary also
finds that it is not contrary to the
national interest of the United States to
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permit aliens who meet the eligibility
requirements of TPS to remain in the
United States temporarily. See 8 U.S.C.
1254a(b)(1)(C). On the basis of these
findings, the Secretary concludes that
the designation of Sudan for TPS should
be extended for an additional 18-month
period. See 8 U.S.C. 1254a(b)(3)(C).
Notice of Extension of the TPS
Designation of Sudan
By the authority vested in me as
Secretary of Homeland Security under
section 244 of the Act, 8 U.S.C. 1254a,
I have determined, after consultation
with the appropriate Government
agencies, that the conditions that
prompted redesignation of Sudan for
TPS in October 2004 continue to be met.
See 8 U.S.C 1254a(b)(3)(A), (C). There
are approximately 520 nationals of
Sudan (or aliens having no nationality
who last habitually resided in Sudan)
who have been granted TPS and who
may be eligible for re-registration.
Accordingly, I am extending the TPS
designation of Sudan for 18 months
from May 3, 2007 to November 2, 2008.
For instructions on this extension,
please refer to the following
attachments, which include filing and
eligibility requirements for Temporary
Protected Status and Employment
Authorization Documents.
Dated: March 1, 2007.
Michael Chertoff,
Secretary.
the TPS designation period. 8 U.S.C.
1254a(a)(1). 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).
Temporary Protected Status Filing
Guidelines
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?
If I currently have benefits through the
TPS designation of Sudan for TPS and
would like to maintain them, do I need
re-register for TPS?
Yes. If you already have received TPS
benefits through the designation of
Sudan for TPS, your benefits will expire
at 11:59 p.m. on May 2, 2007. All TPS
beneficiaries must comply with the reregistration requirements described in
this Notice in order to maintain TPS
benefits through November 2, 2008. TPS
benefits include temporary protection
against removal from the United States
and employment authorization during
Please submit the proper forms and
fees according to the Table 1 below.
Aliens who have previously registered
for TPS but whose applications remain
pending should follow these
instructions if they wish to renew their
TPS benefits. All TPS re-registration
applications submitted without the
required fees will be returned to the
applicant. All fee waiver requests
should be filed in accordance with 8
CFR 244.20. If you received an EAD
during the most recent registration
period, please submit a photocopy of
the front and back of your EAD.
TABLE 1.—APPLICATION FORMS AND APPLICATION FEES
And
Then
You are re-registering for TPS ..........................
You are applying for an extension of your
EAD valid through November 2, 2008.
You are re-registering for TPS ..........................
You are NOT applying for renewal of your
EAD.
You are applying for TPS as a late initial registrant and you are between the ages of 14
and 65 (inclusive).
You are applying for a TPS-related EAD .........
You are applying for TPS as a late initial registrant and are under age 14 or over age 65.
You are applying for a TPS-related EAD .........
You are applying for TPS as a late initial registrant, regardless of age.
You are NOT applying for an EAD ..................
Your previous TPS application is still pending ..
You are applying to renew your temporary
treatment benefits (i.e., an EAD with category ‘‘c–19’’ on its face).
You must complete and file the Form I–765,
Application for Employment Authorization,
with the $180 fee or a fee waiver request.
You must also submit Form I–821, Application for Temporary Protected Status, with no
fee.
You must complete and file the Form I–765
with no fee and Form I–821 with no fee
Note: DO NOT check any box for the question ‘‘I am applying for’’ listed on Form I–
765 as you are NOT requesting an EAD
benefit.
You must complete and file Form I–821 with
the $50 fee or fee waiver request and Form
I–765 with the $180 fee or a fee waiver request.
You must complete and file Form I–821 with
the $50 fee or fee waiver request. You must
also submit Form I–765 with no fee.
You must complete and file Form I–821 with
the $50 fee or fee waiver request and Form
I–765 with no fee.
You must complete and file the Form I–765
with the $180 fee or a fee waiver request.
You must also submit Form I–821, Application for Temporary Protected Status, with no
fee.
Certain applicants must also submit a
Biometric Service Fee (See Table 2). The
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If
Biometric Service Fee will not be
waived. 8 CFR 103.2(e)(4)(i), (iii).
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TABLE 2.—BIOMETRIC SERVICE FEES
If
And
Then
You are 14 years of age or older ............
1. You are re-registering for TPS, or ....................
2. You are applying for TPS under the late initial
registration provisions, or.
3. Your TPS application is still pending and you
are applying to renew temporary treatment
benefits.
You are applying for an EAD ................................
You must submit a Biometric Service fee of $70.
You are younger than 14 years of age ...
You must submit a Biometric Service fee of $70.
found in the bottom right corner of the
form. The proper form can be found on
the Internet at https://www.uscis.gov or
by calling the USCIS forms hotline at 1–
800–870–3676.
What edition of the Form I–821 should
be submitted?
Only the edition of Form I–821 dated
November 5, 2004, or later will be
accepted. The revision date can be
Where should an applicant submit his
or her application for TPS?
Please reference table 3 below to see
where to mail your specific application.
TABLE 3.—APPLICATION MAILING DIRECTIONS
Or, for non-United States Postal Service
(USPS) deliveries, mail to
If
Then mail to
You are applying for re-registration or applying
to renew your temporary treatment benefits.
U.S. Citizenship and Immigration
Attn: TPS Sudan P.O. Box 8677
IL 60680–8677.
U.S. Citizenship and Immigration
Attn: TPS Sudan P.O. Box 8677
IL 60680–8677.
You are applying for TPS for the first time, as
a late initial registrant.
Can an applicant file their application
electronically?
If you are filing for re-registration and
do not need to submit supporting
documentation with your application,
you may file your application
electronically. To file your application
electronically, follow directions on the
USCIS Web site at: https://
www.uscis.gov.
TABLE 4.—WHO SHOULD SUBMIT
SUPPORTING DOCUMENTATION?
Then
One or more of the
questions listed in
Part 4, Question 2
of Form I–821 applies to you.
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If
You must submit an
explanation, on a
separate sheet(s)
of paper, and/or
additional documentation must be
provided. You may
NOT file electronically.
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Services
Chicago,
U.S. Citizenship and Immigration Services
Attn: TPS Sudan 427 S. LaSalle—3rd Floor
Chicago, IL 60605–1029.
U.S. Citizenship and Immigration Services
Attn: TPS Sudan Late Initial Registrant 427
S. LaSalle—3rd Floor, Chicago, IL 60605–
1029.
TABLE 4.—WHO SHOULD SUBMIT SUP- November 4, 1997 to November 3,
PORTING DOCUMENTATION?—Con- 1998), during the registration period for
the first re-designation (from November
tinued
If
Then
You were granted
TPS by an Immigration Judge or
the Board of Immigration Appeals.
You must include evidence of the grant
of TPS (such as an
order from the Immigration Judge)
with your application package. You
may NOT file electronically.
Who should submit supporting
documentation?
See Table 4 below to determine if you
need to submit supporting
documentation.
Services
Chicago,
What is late initial registration?
Some persons may be eligible for late
initial registration under 8 CFR 244.2. In
order to be eligible for late initial
registration an applicant must:
(1) Be a national of Sudan (or alien
who has no nationality and who last
habitually resided in Sudan);
(2) Have continuously resided in the
United States since October 7, 2004;
(3) Have been continuously physically
present in the United States since
October 7, 2004; 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
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9, 1999 to November 2, 2000), or during
the registration period for the most
recent re-designation (from October 7,
2004 to April 5, 2005), 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 Sudan, should be
submitted to the appropriate address in
Chicago, Illinois as defined in Table 3.
Are certain aliens ineligible for TPS?
Yes. There are certain criminal and
terrorism-related inadmissibility
grounds that render an alien ineligible
for TPS. See 8 U.S.C. 1254a(c)(2)(A)(iii).
Further, aliens who have been convicted
of any felony or two or more
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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). See 8 U.S.C.
1254a(c)(2)(B)(ii). An individual granted
TPS will have his or her TPS withdrawn
if the alien is not in fact eligible for TPS,
if the 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. See 8
U.S.C. 1254a(c)(3)(A)–(C).
Does TPS lead to lawful permanent
residence?
No. TPS is a temporary benefit that
does not lead to lawful permanent
residence or confer any other
immigration status. 8 U.S.C. 1254a,
(f)(1), and (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.
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May I apply for another immigration
benefit while registered for TPS?
Yes. Registration for TPS does not
prevent you from applying for nonimmigrant status, filing for adjustment
of status based on an immigrant
petition, or 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. See 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.
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For example, a person who has been
convicted of a particularly serious crime
is not eligible for asylum or TPS. See 8
U.S.C. 1158(b)(2)(A)(ii) and 8 U.S.C.
1254a(c)(2)(B)(ii).
Does this extension allow nationals of
Sudan (or aliens having no nationality
who last habitually resided in Sudan)
who entered the United States after
October 7, 2004, to file for TPS?
writing to explain what additional
information, if any, is necessary to
resolve your case. If your application is
approved, you will receive a new EAD
in the mail with an expiration date of
November 2, 2008.
May I request an interim EAD at my
local District Office?
No. An extension of a TPS
designation does not change the
required dates of continuous residence
and continuous physical presence in the
United States. This extension does not
expand TPS eligibility to those beyond
the current TPS eligibility requirements
of Sudan. To be eligible for benefits
under this extension, nationals of Sudan
(or aliens having no nationality who last
habitually resided in Sudan) must have
continuously resided and been
continuously physically present in the
United States since October 7, 2004, the
date of the most recent designation of
Sudan for TPS.
Employment Authorization Document
Extension Guidelines
Who is eligible to receive an automatic
extension of his or her EAD from May
2, 2007 to November 2, 2007?
To receive an automatic extension of
an EAD, an individual must be a
national of Sudan (or an alien having no
nationality who last habitually resided
in Sudan) who has applied for and
received an EAD under the designation
of Sudan for TPS 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 May 2, 2007. 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 under the
designation of Sudan for TPS and am
re-registering for TPS, how do I receive
an extension of my EAD after the
automatic six-month extension?
TPS re-registrants will receive a
notice in the mail with instructions to
appear at a USCIS Application Support
Center (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
through November 2, 2008, through the
mail. If your case requires further
resolution, USCIS will contact you in
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
No. USCIS will not be issuing interim
EADs to TPS applicants and reregistrants at District Offices.
How may employers determine whether
an EAD has been automatically
extended for six months through
November 2, 2007, and is therefore
acceptable for completion of the Form I–
9?
An EAD that has been automatically
extended for six months by this Notice
through November 2, 2007, will actually
contain an expiration date of May 2,
2007, and must be a Form I–766 bearing
the notation ‘‘A–12’’ or ‘‘C–19’’ on the
face of the card under ‘‘Category.’’ New
EADs or extension stickers showing the
November 2, 2007, expiration date of
the six-month automatic extension will
not be issued. Employers should not
request proof of Sudanese citizenship.
Employers should accept an EAD as a
valid ‘‘List A’’ document and not ask for
additional I–9 documentation if
presented with an EAD that has been
extended pursuant to this Federal
Register Notice, and the EAD reasonably
appears on its face to be genuine and to
relate to the employee. This 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.
Note to Employers: Employers are
reminded that the laws requiring
employment eligibility verification and
prohibiting unfair immigration-related
employment practices remain in full force.
This Notice does not supersede or in any way
limit applicable employment verification
rules and policy guidance, including those
setting forth re-verification requirements. See
8 CFR 274a.2(b)(1)(vii). For questions,
employers may call the USCIS Office of
Business Liaison Employer Hotline at 1–800–
357–2099. 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/.
E:\FR\FM\08MRN1.SGM
08MRN1
10546
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices
How may employers determine an
employee’s eligibility for employment
once the automatic extension has
expired on November 2, 2007?
Eligible TPS aliens will possess an
EAD with an expiration date of
November 2, 2008. The EAD will be a
Form I–766 bearing the notation ‘‘A–12’’
or ‘‘C–19’’ on the face of the card under
‘‘Category,’’ and should be accepted for
the purposes of verifying identity and
employment authorization.
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 six months of this
extension, qualified individuals who
have received a six-month automatic
extension of their EADs by virtue of this
Federal Register Notice may present
their TPS-based EAD to their employer,
as described above, as proof of identity
and employment authorization through
November 2, 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 through
November 2, 2007.
After the first six months of this
extension, and continuing until the end
of the extension period, November 2,
2008, a qualified individual may present
their new EAD valid through November
2, 2008.
In the alternative, any legally
acceptable document or combination of
documents listed in List A, List B, or
List C of the Form I–9 may be presented
as proof of identity and employment
eligibility.
[FR Doc. E7–4097 Filed 3–7–07; 8:45 am]
Address: Emrick Technology Center,
2750 Hugh Moore Park Road, Easton,
PA 18042.
The agenda for the meeting will focus
on implementation of the Management
Action Plan for the Delaware and
Lehigh National Heritage Corridor and
State Heritage Park. The Commission
was established to assist the
Commonwealth of Pennsylvania and its
political subdivisions in planning and
implementing an integrated strategy for
protecting and promoting cultural,
historic and natural resources. The
Commission reports to the Secretary of
the Interior and to Congress.
SUPPLEMENTARY INFORMATION: The
Delaware & Lehigh National Heritage
Corridor Commission was established
by Pub. L. 100–692, November 18, 1988
and extended through Pub. L. 105–355,
November 13, 1998.
FOR FURTHER INFORMATION CONTACT: C.
Allen Sachse, Executive Director,
Delaware & Lehigh National Heritage
Corridor Commission, 2750 Hugh Moore
Park Road, Easton, PA 18042, (610) 923–
3548.
Dated: March 2, 2007.
C. Allen Sachse,
Executive Director, Delaware & Lehigh
National Heritage Corridor Commission.
[FR Doc. 07–1078 Filed 3–7–07; 8:45 am]
BILLING CODE 6820–PE–M
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Construction of Six Single-Family
Homes in Volusia County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice: receipt of applications
for five incidental take permits; request
for comments.
AGENCY:
BILLING CODE 4410–10–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Delaware & Lehigh National Heritage
Corridor Commission Meeting
Department of the Interior,
Office of the Secretary.
ACTION: Notice of meeting.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: This notice announces an
upcoming meeting of the Delaware &
Lehigh National Heritage Corridor
Commission. Notice of this meeting is
required under the Federal Advisory
Committee Act (Pub. L. 92–463).
Meeting Date and Time: Friday,
March 9, 2007—1:30 p.m. to 4 p.m.
VerDate Aug<31>2005
18:53 Mar 07, 2007
Jkt 211001
SUMMARY: We, the Fish and Wildlife
Service (Service), announce the
availability of five Incidental Take
Permit (ITP) Applications and Habitat
Conservation Plans (HCPs) from the
following four applicants: Formosa
Homes, Inc., LaPalma Construction,
Inc., Vincent Scorpio, and Today Homes
Development, Inc. Each requests one or
more ITPs for a duration of 2 years
under section 10(a)(1)(B) of the
Endangered Species Act of 1973, as
amended (Act). The applicants
collectively anticipate taking a total of
approximately 1.5 acres (ac) of Florida
scrub-jay (Alphelocoma coerulescens)—
occupied habitat incidental to
constructing six single-family homes in
Volusia County, Florida (Projects). The
applicants’ HCPs describe the mitigation
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
and minimization measures the
applicants propose to address the effects
of the Projects to the scrub-jay.
We must receive any written
comments on the ITP applications and
HCPs on or before April 9, 2007.
DATES:
If you wish to review the
applications and HCPs, you may write
the Field Supervisor at our Jacksonville
Field Office, 6620 Southpoint Drive,
South, Suite 310, Jacksonville, FL
32216, or make an appointment to visit
during normal business hours. If you
wish to comment, you may mail or hand
deliver comments to the Jacksonville
Field Office, or you may e-mail
comments to paulalsisson@fws.gov.
For more information on reviewing
documents and public comments and
submitting comments, see
SUPPLEMENTARY INFORMATION.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Paula Sisson, Fish and Wildlife
Biologist, Jacksonville Field Office (see
ADDRESSES); telephone: 904/232-2580,
ext. 126.
SUPPLEMENTARY INFORMATION:
Public Review and Comment
Please reference permit numbers
TE135675–0 for Formosa Homes, Inc.;
TE145181–0 for LaPalma Construction,
Inc.; TE143409–0 for Victor Scorpio;
and TE143407–0 and TE143408–0 for
Today Homes Development, Inc., in all
requests or comments. Please include
your name and return address in your
e-mail message. If you do not receive a
confirmation from us that we have
received your e-mail message, contact
us directly at the telephone number
listed under FOR FURTHER INFORMATION
CONTACT. Our practice is to make
comments, including names and home
addresses of respondents, available for
public review during regular business
hours. Individual respondents may
request that we withhold their home
address from the administrative record.
We will honor such requests to the
extent allowable by law. There may also
be other circumstances in which we
would withhold from the administrative
record a respondent’s identity, as
allowable by law. If you wish us to
withhold your name and address, you
must state this prominently at the
beginning of your comments. We will
not, however, consider anonymous
comments. We will make all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Notices]
[Pages 10541-10546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4097]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2404-07; DHS Docket No. USCIS-2007-0002]
RIN 1615-ZA46
Extension of the Designation of Sudan for Temporary Protected
Status; Automatic Extension of Employment Authorization Documentation
for Sudanese TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice of extension of temporary protected status designation
of Sudan.
-----------------------------------------------------------------------
SUMMARY: This Notice alerts the public that the designation of Sudan
for Temporary Protected Status (TPS) has been extended for 18 months to
November 2, 2008, from its current expiration date of May 2, 2007. This
Notice also sets forth procedures necessary for nationals of Sudan (or
aliens having no nationality who last habitually resided in Sudan) 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 Sudan and whose application has been
granted or remains pending. Certain nationals of Sudan (or aliens
having no nationality who last habitually resided in Sudan) 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 re-
registrants may not receive a new EAD until after their current EAD
expires on May 2, 2007. Accordingly, this Notice automatically extends
the validity of EADs issued under the TPS designation of Sudan for six
months, through November 2, 2007, and explains how TPS beneficiaries
and their employers may determine which EADs are automatically
extended. New EADs with the November 2, 2008 expiration date will be
issued to eligible TPS beneficiaries who timely re-register and apply
for an EAD.
DATES: The extension of the TPS designation of Sudan is effective May
3, 2007, and will remain in effect until 11:59 p.m. on November 2,
2008. The 60-day re-registration period begins March 8, 2007, and will
remain in effect
[[Page 10542]]
until May 7, 2007. To facilitate processing of their applications,
applicants are strongly encouraged to file as soon as possible after
the start of the 60-day re-registration period beginning on March 8,
2007.
FOR FURTHER INFORMATION CONTACT: Matthew Horner, Status and Family
Branch, Office of 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 call. Further information will also be
available at local USCIS offices upon publication of this Notice and on
the USCIS Web site at https://uscis.gov.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
EAD--Employment Authorization Document
Secretary--Secretary of Homeland Security
SAF--Sudanese Armed Forces
SPLM/A--Sudan People's Liberation Movement/Army
USCIS--U.S. Citizenship and Immigration Services
UNHCR--United Nations High Commissioner for Refugees
What authority does the Secretary of Homeland Security have to extend
the designation of Sudan for TPS?
Section 244(b)(1) of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a(b)(1), authorizes the Secretary of Homeland Security
(Secretary), after consultation with appropriate agencies of the
Government, to designate a foreign state (or part thereof) for TPS. The
Secretary may then grant TPS to eligible nationals of that foreign
state (or aliens having no nationality who last habitually resided in
that state). 8 U.S.C. 1254a(a)(1)(A).
At least 60 days before the expiration of the TPS designation, or
any extension thereof, the Secretary, after consultations with
appropriate agencies of the Government, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met and, if so, the length of an
extension. 8 U.S.C. 1254a(b)(3)(A), (C). 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 decide to extend the TPS designation of Sudan?
On November 4, 1997, the Attorney General published a Notice in the
Federal Register at 62 FR 59737 designating Sudan for TPS based on an
ongoing armed conflict and extraordinary and temporary conditions
within that country. The Attorney General extended this designation the
next year, determining that the conditions warranting such designation
continued to be met. 63 FR 59337 (Nov. 3, 1998). On November 9, 1999,
the Attorney General extended and re-designated Sudan by publishing a
Notice in the Federal Register, based upon the ongoing armed conflict
and extraordinary and temporary conditions. 64 FR 61128. Subsequent to
that date, the Attorney General and the Secretary of Homeland Security
have extended the TPS designation of Sudan four times, determining in
each instance that the conditions warranting the designation continued
to be met. 65 FR 67407 (Nov. 9, 2000); 66 FR 46031 (Aug. 31, 2001); 67
FR 55877 (Aug. 30, 2002); 68 FR 52410 (Sept. 3, 2003). On October 7,
2004, the Secretary extended and re-designated Sudan for TPS due to the
ongoing armed conflict in the Darfur region and the extraordinary and
temporary conditions resulting from the ongoing conflict. 69 FR 60168.
The most recent extension of Sudan for TPS became effective on November
2, 2005, and is due to expire at 11:59 p.m. May 2, 2007. 70 FR 52429
(Sept. 2, 2005).
Over the past year, DHS and the Department of State have continued
to review conditions in Sudan. Based on this review, the Secretary has
concluded that an 18-month extension is warranted because the armed
conflict and extraordinary and temporary conditions that prompted
redesignation of Sudan for TPS in October 2004 persist. Further, the
Secretary has determined that it is not contrary to the national
interest of the United States to permit aliens who are eligible for TPS
based on the designation of Sudan to remain temporarily in the United
States. See 8 U.S.C. 1254a(b)(1)(C).
Despite the signing of a comprehensive peace agreement between the
government of Sudan and the Sudan People's Liberation Movement/Army
(SPLM/A), conditions in Sudan continue to be volatile and dangerous in
large parts of Western and Southern Sudan. Sporadic violence continues
in Southern Sudan, with fighting among armed elements associated with
the Sudanese Armed Forces (SAF), the SAF itself, and the SPLM/A. The
humanitarian crisis in the Darfur region of Western Sudan continues to
cause concern, with an estimated 250,000 people displaced since the
beginning of 2006, and armed clashes have intensified since September
2006. In November 2006, 10,000 civilians were displaced during joint
government/Janjaweed attacks on 12 villages in the Jebel Mara region of
Darfur and the deliberate targeting of civilians continues. Since the
beginning of the conflict, approximately 2 million people have been
forced to leave their homes and live in displaced person camps while
hundreds of thousands have been killed.
There have also been incidents of violence and instability in
southern Sudan. It is estimated that 250 civilian and military deaths
resulted from fighting that erupted between the SPLA and a faction of
the South Sudan Defense Forces and that an additional 300-400 civilians
were wounded. Some of the violence was attributed to the forces of the
Ugandan rebel Lord's Resistance Army, which, despite having signed a
cessation of hostilities agreement with the government of Uganda on
August 26, 2006, was reported by the former United Nations Secretary-
General to continue to pose a military threat. The Government of
Southern Sudan has since stepped up efforts to restore security in the
region.
Access to humanitarian relief is limited by security concerns and
Government of Sudan-imposed constraints on relief organizations. While
the Office of the United Nations High Commissioner for Refugees (UNHCR)
facilitated the return of approximately 91,000 southern Sudanese
refugees and displaced persons to Sudan through direct repatriation
assistance and reintegration programs in 2006, return is not risk free;
civilians have continued to be victims of episodic violence, and UNHCR
has not yet moved into a phase of actively promoting refugee returns.
Based upon this review, the Secretary finds, after consultation
with the appropriate Government agencies, that the conditions that
prompted the designation of Sudan for TPS continue to be met. See 8
U.S.C. 1254a(b)(3)(A). The armed conflict is ongoing and there are
extraordinary and temporary conditions in Sudan that prevent aliens who
are nationals of Sudan (or aliens having no nationality who last
habitually resided in Sudan) from returning in safety. See 8 U.S.C.
1254a(b)(1)(A), (C). The Secretary also finds that it is not contrary
to the national interest of the United States to
[[Page 10543]]
permit aliens who meet the eligibility requirements of TPS to remain in
the United States temporarily. See 8 U.S.C. 1254a(b)(1)(C). On the
basis of these findings, the Secretary concludes that the designation
of Sudan for TPS should be extended for an additional 18-month period.
See 8 U.S.C. 1254a(b)(3)(C).
Notice of Extension of the TPS Designation of Sudan
By the authority vested in me as Secretary of Homeland Security
under section 244 of the Act, 8 U.S.C. 1254a, I have determined, after
consultation with the appropriate Government agencies, that the
conditions that prompted redesignation of Sudan for TPS in October 2004
continue to be met. See 8 U.S.C 1254a(b)(3)(A), (C). There are
approximately 520 nationals of Sudan (or aliens having no nationality
who last habitually resided in Sudan) who have been granted TPS and who
may be eligible for re-registration. Accordingly, I am extending the
TPS designation of Sudan for 18 months from May 3, 2007 to November 2,
2008. For instructions on this extension, please refer to the following
attachments, which include filing and eligibility requirements for
Temporary Protected Status and Employment Authorization Documents.
Dated: March 1, 2007.
Michael Chertoff,
Secretary.
Temporary Protected Status Filing Guidelines
If I currently have benefits through the TPS designation of Sudan for
TPS and would like to maintain them, do I need re-register for TPS?
Yes. If you already have received TPS benefits through the
designation of Sudan for TPS, your benefits will expire at 11:59 p.m.
on May 2, 2007. All TPS beneficiaries must comply with the re-
registration requirements described in this Notice in order to maintain
TPS benefits through November 2, 2008. TPS benefits include temporary
protection against removal from the United States and employment
authorization during the TPS designation period. 8 U.S.C. 1254a(a)(1).
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?
Please submit the proper forms and fees according to the Table 1
below. Aliens who have previously registered for TPS but whose
applications remain pending should follow these instructions if they
wish to renew their TPS benefits. All TPS re-registration applications
submitted without the required fees will be returned to the applicant.
All fee waiver requests should be filed in accordance with 8 CFR
244.20. If you received an EAD during the most recent registration
period, please submit a photocopy of the front and back of your EAD.
Table 1.--Application Forms and Application Fees
------------------------------------------------------------------------
If And Then
------------------------------------------------------------------------
You are re-registering for TPS.. You are applying You must complete
for an extension and file the Form
of your EAD valid I-765,
through November Application for
2, 2008. Employment
Authorization,
with the $180 fee
or a fee waiver
request. You must
also submit Form
I-821,
Application for
Temporary
Protected Status,
with no fee.
You are re-registering for TPS.. You are NOT You must complete
applying for and file the Form
renewal of your I-765 with no fee
EAD. and Form I-821
with no fee Note:
DO NOT check any
box for the
question ``I am
applying for''
listed on Form I-
765 as you are
NOT requesting an
EAD benefit.
You are applying for TPS as a You are applying You must complete
late initial registrant and you for a TPS-related and file Form I-
are between the ages of 14 and EAD. 821 with the $50
65 (inclusive). fee or fee waiver
request and Form
I-765 with the
$180 fee or a fee
waiver request.
You are applying for TPS as a You are applying You must complete
late initial registrant and are for a TPS-related and file Form I-
under age 14 or over age 65. EAD. 821 with the $50
fee or fee waiver
request. You must
also submit Form
I-765 with no
fee.
You are applying for TPS as a You are NOT You must complete
late initial registrant, applying for an and file Form I-
regardless of age. EAD. 821 with the $50
fee or fee waiver
request and Form
I-765 with no
fee.
Your previous TPS application is You are applying You must complete
still pending. to renew your and file the Form
temporary I-765 with the
treatment $180 fee or a fee
benefits (i.e., waiver request.
an EAD with You must also
category ``c-19'' submit Form I-
on its face). 821, Application
for Temporary
Protected Status,
with no fee.
------------------------------------------------------------------------
Certain applicants must also submit a Biometric Service Fee (See
Table 2). The Biometric Service Fee will not be waived. 8 CFR
103.2(e)(4)(i), (iii).
[[Page 10544]]
Table 2.--Biometric Service Fees
------------------------------------------------------------------------
If And Then
------------------------------------------------------------------------
You are 14 years of age or older 1. You are re- You must submit a
registering for Biometric Service
TPS, or. fee of $70.
2. You are
applying for TPS
under the late
initial
registration
provisions, or.
3. Your TPS
application is
still pending and
you are applying
to renew
temporary
treatment
benefits.
You are younger than 14 years of You are applying You must submit a
age. for an EAD. Biometric Service
fee of $70.
------------------------------------------------------------------------
What edition of the Form I-821 should be submitted?
Only the edition of Form I-821 dated November 5, 2004, or later
will be accepted. The revision date can be found in the bottom right
corner of the form. The proper form can be found on the Internet at
https://www.uscis.gov or by calling the USCIS forms hotline at 1-800-
870-3676.
Where should an applicant submit his or her application for TPS?
Please reference table 3 below to see where to mail your specific
application.
Table 3.--Application Mailing Directions
------------------------------------------------------------------------
Or, for non-United
States Postal
If Then mail to Service (USPS)
deliveries, mail
to
------------------------------------------------------------------------
You are applying for re- U.S. Citizenship U.S. Citizenship
registration or applying to and Immigration and Immigration
renew your temporary treatment Services Attn: Services Attn:
benefits. TPS Sudan P.O. TPS Sudan 427 S.
Box 8677 Chicago, LaSalle--3rd
IL 60680-8677. Floor Chicago, IL
60605-1029.
You are applying for TPS for the U.S. Citizenship U.S. Citizenship
first time, as a late initial and Immigration and Immigration
registrant. Services Attn: Services Attn:
TPS Sudan P.O. TPS Sudan Late
Box 8677 Chicago, Initial
IL 60680-8677. Registrant 427 S.
LaSalle--3rd
Floor, Chicago,
IL 60605-1029.
------------------------------------------------------------------------
Can an applicant file their application electronically?
If you are filing for re-registration and do not need to submit
supporting documentation with your application, you may file your
application electronically. To file your application electronically,
follow directions on the USCIS Web site at: https://www.uscis.gov.
Who should submit supporting documentation?
See Table 4 below to determine if you need to submit supporting
documentation.
Table 4.--Who Should Submit Supporting Documentation?
------------------------------------------------------------------------
If Then
------------------------------------------------------------------------
One or more of the questions listed in You must submit an
Part 4, Question 2 of Form I-821 applies explanation, on a separate
to you. sheet(s) of paper, and/or
additional documentation
must be provided. You may
NOT file electronically.
You were granted TPS by an Immigration You must include evidence of
Judge or the Board of Immigration Appeals. the grant of TPS (such as
an order from the
Immigration Judge) with
your application package.
You may NOT file
electronically.
------------------------------------------------------------------------
What is late initial registration?
Some persons may be eligible for late initial registration under 8
CFR 244.2. In order to be eligible for late initial registration an
applicant must:
(1) Be a national of Sudan (or alien who has no nationality and who
last habitually resided in Sudan);
(2) Have continuously resided in the United States since October 7,
2004;
(3) Have been continuously physically present in the United States
since October 7, 2004; 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 November 4, 1997 to November 3,
1998), during the registration period for the first re-designation
(from November 9, 1999 to November 2, 2000), or during the registration
period for the most recent re-designation (from October 7, 2004 to
April 5, 2005), 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 Sudan, should be submitted to the appropriate address in
Chicago, Illinois as defined in Table 3.
Are certain aliens ineligible for TPS?
Yes. There are certain criminal and terrorism-related
inadmissibility grounds that render an alien ineligible for TPS. See 8
U.S.C. 1254a(c)(2)(A)(iii). Further, aliens who have been convicted of
any felony or two or more
[[Page 10545]]
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). See 8 U.S.C. 1254a(c)(2)(B)(ii). An
individual granted TPS will have his or her TPS withdrawn if the alien
is not in fact eligible for TPS, if the 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. See 8 U.S.C.
1254a(c)(3)(A)-(C).
Does TPS lead to lawful permanent residence?
No. TPS is a temporary benefit that does not lead to lawful
permanent residence or confer any other immigration status. 8 U.S.C.
1254a, (f)(1), and (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.
May I apply for another immigration benefit while registered for TPS?
Yes. Registration for TPS does not prevent you from applying for
non-immigrant status, filing for adjustment of status based on an
immigrant petition, or 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. See 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. See 8 U.S.C. 1158(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii).
Does this extension allow nationals of Sudan (or aliens having no
nationality who last habitually resided in Sudan) who entered the
United States after October 7, 2004, to file for TPS?
No. An extension of a TPS designation does not change the required
dates of continuous residence and continuous physical presence in the
United States. This extension does not expand TPS eligibility to those
beyond the current TPS eligibility requirements of Sudan. To be
eligible for benefits under this extension, nationals of Sudan (or
aliens having no nationality who last habitually resided in Sudan) must
have continuously resided and been continuously physically present in
the United States since October 7, 2004, the date of the most recent
designation of Sudan for TPS.
Employment Authorization Document Extension Guidelines
Who is eligible to receive an automatic extension of his or her EAD
from May 2, 2007 to November 2, 2007?
To receive an automatic extension of an EAD, an individual must be
a national of Sudan (or an alien having no nationality who last
habitually resided in Sudan) who has applied for and received an EAD
under the designation of Sudan for TPS 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 May 2, 2007. 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 under the designation of Sudan for TPS and
am re-registering for TPS, how do I receive an extension of my EAD
after the automatic six-month extension?
TPS re-registrants will receive a notice in the mail with
instructions to appear at a USCIS Application Support Center (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 through November 2, 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 application is approved, you will receive a new EAD
in the mail with an expiration date of November 2, 2008.
May I request an interim EAD at my local District Office?
No. USCIS will not be issuing interim EADs to TPS applicants and
re-registrants at District Offices.
How may employers determine whether an EAD has been automatically
extended for six months through November 2, 2007, and is therefore
acceptable for completion of the Form I-9?
An EAD that has been automatically extended for six months by this
Notice through November 2, 2007, will actually contain an expiration
date of May 2, 2007, and must be a Form I-766 bearing the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category.'' New EADs
or extension stickers showing the November 2, 2007, expiration date of
the six-month automatic extension will not be issued. Employers should
not request proof of Sudanese citizenship.
Employers should accept an EAD as a valid ``List A'' document and
not ask for additional I-9 documentation if presented with an EAD that
has been extended pursuant to this Federal Register Notice, and the EAD
reasonably appears on its face to be genuine and to relate to the
employee. This 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.
Note to Employers: Employers are reminded that the laws
requiring employment eligibility verification and prohibiting unfair
immigration-related employment practices remain in full force. This
Notice does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those setting
forth re-verification requirements. See 8 CFR 274a.2(b)(1)(vii). For
questions, employers may call the USCIS Office of Business Liaison
Employer Hotline at 1-800-357-2099. 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/.
[[Page 10546]]
How may employers determine an employee's eligibility for employment
once the automatic extension has expired on November 2, 2007?
Eligible TPS aliens will possess an EAD with an expiration date of
November 2, 2008. The EAD will be a Form I-766 bearing the notation
``A-12'' or ``C-19'' on the face of the card under ``Category,'' and
should be accepted for the purposes of verifying identity and
employment authorization.
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 six months of this extension, qualified
individuals who have received a six-month automatic extension of their
EADs by virtue of this Federal Register Notice may present their TPS-
based EAD to their employer, as described above, as proof of identity
and employment authorization through November 2, 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 through November 2, 2007.
After the first six months of this extension, and continuing until
the end of the extension period, November 2, 2008, a qualified
individual may present their new EAD valid through November 2, 2008.
In the alternative, any legally acceptable document or combination
of documents listed in List A, List B, or List C of the Form I-9 may be
presented as proof of identity and employment eligibility.
[FR Doc. E7-4097 Filed 3-7-07; 8:45 am]
BILLING CODE 4410-10-P
