Extension of the Designation of Nicaragua for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Nicaraguan TPS Beneficiaries, 29534-29539 [E7-10194]
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Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Notices
issued extension sticker on the back; or
(2) have an expiration date of July 31,
2007 on the face of the card. New EADs
or extension stickers showing the
January 5, 2008, expiration date of the
six-month automatic extension will not
be issued. Employers should not request
proof of Honduran citizenship.
Employers should accept an EAD as a
valid ‘‘List A’’ document and not ask for
additional Form I–9, Employment
Eligibility Verification, 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.
their TPS-based EAD to their employer,
as described above, as proof of identity
and employment authorization through
January 5, 2008. 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 January 5, 2008.
After the first six months of this
extension and continuing until the end
of the extension period, January 5, 2009,
a qualified individual may present a
new EAD valid through January 5, 2009.
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.
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/.
BILLING CODE 4410–10–P
How may employers determine an
employee’s eligibility for employment
once the automatic six-month extension
expires on January 5, 2008?
sroberts on PROD1PC70 with NOTICES
Eligible TPS aliens will possess an
EAD with an expiration date of January
5, 2009. 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
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[FR Doc. E7–10175 Filed 5–25–07; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2410–07; DHS Docket No. USCIS–
2007–0027]
RIN 1615—ZA49
Extension of the Designation of
Nicaragua for Temporary Protected
Status; Automatic Extension of
Employment Authorization
Documentation for Nicaraguan TPS
Beneficiaries
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Notice of extension of
temporary protected status designation
of Nicaragua.
AGENCY:
SUMMARY: This Notice announces that
the designation of Nicaragua for
Temporary Protected Status (TPS) has
been extended for 18 months to January
5, 2009, from its current expiration date
of July 5, 2007. This Notice also sets
forth procedures necessary for nationals
of Nicaragua (or aliens having no
nationality who last habitually resided
in Nicaragua) with TPS to re-register
and to apply for an extension of their
Employment Authorization Documents
(EADs) for the additional 18-month
period. Re-registration is limited to
persons who have previously registered
for TPS under the designation of
Nicaragua and whose application has
been granted or remains pending.
Certain nationals of Nicaragua (or aliens
having no nationality who last
habitually resided in Nicaragua) who
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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 July 5, 2007.
Accordingly, this Notice automatically
extends the validity of EADs issued
under the TPS designation of Nicaragua
for six months, through January 5, 2008,
and explains how TPS beneficiaries and
their employers may determine which
EADs are automatically extended. New
EADs with the January 5, 2009
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 Nicaragua is effective
July 6, 2007, and will remain in effect
until 11:59 p.m. on January 5, 2009. The
60-day re-registration period begins May
29, 2007, and will remain in effect until
July 30, 2007. To facilitate processing of
applications, applicants are strongly
encouraged to file as soon as possible
after the start of the 60-day reregistration period beginning on May
29, 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) 272–1533.
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. Note: the phone
number provided here is solely for
questions regarding this notice and the
information contained herein. It is not
for individual case status inquiries.
Applicants seeking information about
the status of their individual case can
look up their case in Case Status Online
available at the USCIS Web site listed
above, or applicants may call the USCIS
National Customer Service Center at 1–
800–375–5283 (TTY 1–800–767–1833).
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
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Secretary—Secretary of Homeland
Security
TPS—Temporary Protected Status
USCIS—U.S. Citizenship and
Immigration Services
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What authority does the Secretary of
Homeland Security have to extend the
designation of Nicaragua 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 Nicaragua?
On January 5, 1999, the Attorney
General published a Notice in the
Federal Register at 64 FR 526,
designating Nicaragua for TPS due to
the devastation resulting from Hurricane
Mitch. Subsequent to that date, the
Attorney General and the Secretary of
Homeland Security have extended TPS
for Nicaragua six times, determining in
each instance that the conditions
warranting the designation continued to
be met. 65 FR 30440 (July 6, 2000); 66
FR 23271 (July 6, 2001); 67 FR 22454
(July 6, 2002); 68 FR 23748 (July 6,
2003); 69 FR 64088 (Jan. 6, 2005); 71 FR
16333 (July 6, 2006). The most recent
extension of Nicaragua for TPS became
effective on July 5, 2006, and is due to
expire on July 5, 2007.
On February 2, 2007, the Government
of Nicaragua requested an extension of
the TPS designation of Nicaragua. Over
the past year, DHS and the Department
of State have continued to review
conditions in Nicaragua. Based on this
review, the Secretary has concluded that
an 18-month extension is warranted
because there continues to be a
substantial, but temporary, disruption of
living conditions in Nicaragua resulting
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Jkt 211001
from Hurricane Mitch and Nicaragua
remains unable, temporarily, to
adequately handle the return of its
nationals, as required for TPS
designations based on environmental
disasters. 8 U.S.C. 1254a(b)(1)(B)(i–iii).
Significant progress has been made in
reconstruction following Hurricane
Mitch. However, Nicaragua has not fully
recovered from the environmental
disaster.
An estimated 145,000 homes were
destroyed by the hurricane, leaving an
estimated 400,000 to 800,000 people
homeless. Health clinics and schools
were also impacted with 90 clinics, 400
health posts, and over 500 primary
schools suffering structural damage.
While much of the large-scale postdisaster aid and reconstruction projects
were completed years ago, these projects
were focused on temporary buildings
that have not been replaced with
permanent cement structures and are
now largely deteriorated.
Hurricane Mitch destroyed or
disabled 70 percent of the roads and
severely damaged 71 bridges. Over
1,700 miles of highway and access roads
needed replacement. The Pan-American
Highway has been repaired, but
reconstruction efforts continue with the
focus shifted to improving secondary
and rural roads.
Nicaragua also suffered significant
economic damage and reduced access to
food following Hurricane Mitch. Over
100,000 acres of crops were destroyed
by the hurricane, half of them lifesustaining food crops such as beans and
corn. The regions hardest hit by the
hurricane continue to be the poorest and
least developed in Nicaragua and the
Government of Nicaragua is reporting
hunger cases in the northern
mountainous region. Additionally,
landslides triggered by the heavy and
sustained rains of the hurricane resulted
in the loss of forest canopy. This
problem has affected the environment,
resulting in reduced rainfall and
agricultural yields that are consistently
below average. Export crops, such as
coffee, sugar cane and bananas were
also destroyed, to a lesser extent but not
without resulting reductions in export
income.
While the damage resulting from
Hurricane Mitch in 1998 formed the
basis of the initial designation of
Nicaragua for TPS, the country has
remained vulnerable and suffered
damage during subsequent storms.
Hurricane Beta and Tropical Storm Stan
severely affected thousands of people,
destroying houses, medical centers, and
schools in October 2005.
Based upon this review of conditions
in Nicaragua, the Secretary finds, after
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consultation with the appropriate
Government agencies, that the
conditions that prompted the
designation of Nicaragua for TPS
continue to be met. See 8 U.S.C.
1254a(b)(3)(A). There continues to be a
substantial, but temporary, disruption in
living conditions in Nicaragua as the
result of an environmental disaster, and
Nicaragua continues to be unable,
temporarily, to handle adequately the
return of its nationals. See 8 U.S.C.
1254a(b)(1)(B). The Secretary also finds
that it is not contrary to the national
interest of the United States to 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 Nicaragua for TPS
should be extended for an additional 18month period. See 8 U.S.C.
1254a(b)(3)(C).
Notice of Extension of the TPS
Designation of Nicaragua
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 designation of Nicaragua for
TPS in January 1999 continue to be met.
See 8 U.S.C 1254a(b)(3)(A). There are
approximately 4,100 nationals of
Nicaragua (or aliens having no
nationality who last habitually resided
in Nicaragua) who have been granted
TPS and who may be eligible for reregistration. Accordingly, I am
extending the TPS designation of
Nicaragua for 18 months from July 6,
2007 to January 5, 2009. For instructions
on this extension, please refer to the
following attachment, which includes
filing and eligibility requirements for
Temporary Protected Status and
Employment Authorization Documents.
Dated: May 16, 2007.
Michael Chertoff,
Secretary.
Temporary Protected Status Filing
Guidelines
Do I need to re-register if I currently
have TPS benefits through the TPS
designation of Nicaragua and would
like to maintain them?
Yes. If you already have received TPS
benefits through the designation of
Nicaragua for TPS, your benefits will
expire at 11:59 p.m. on July 5, 2007. All
TPS beneficiaries must comply with the
re-registration requirements described
in this Notice in order to maintain TPS
benefits through January 5, 2009. TPS
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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. All
applicants are strongly encouraged to
pay close and careful attention when
filling out the required forms to help
ensure that their dates of birth, alien
registration numbers, spelling of their
names, and other required information
is correctly entered on the forms. 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 for an extension of your
EAD valid through January 5, 2009.
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 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 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 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 fee or a fee waiver request. You must
also submit Form I–821 with no fee.
You are applying for a TPS-related EAD ........
Certain applicants must also submit a
Biometric Service Fee (See Table 2).
TABLE 2.—BIOMETRIC SERVICE FEES
And
Then
You are 14 years of age or older .......................
1. You are re-registering for TPS, or ...............
You must submit a Biometric Service fee as
defined in 8 CFR 103.7.
You are younger than 14 years of age ..............
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 (i.e., and EAD with category
‘‘c–19’’ on its face).
You are applying for an EAD ...........................
You are younger than 14 years of age ..............
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If
You are NOT applying for an EAD ..................
What edition of the Form I–821 should
I submit?
Only the edition of Form I–821 dated
November 5, 2004, or later will be
accepted. The revision date can be
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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.
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You must submit a Biometric Service fee as
defined in 8 CFR 103.7.
You do NOT need to submit a Biometric Service fee.
Where should I submit my application
for TPS?
Please reference Table 3 below to see
where to mail your specific application.
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TABLE 3.—APPLICATION MAILING DIRECTIONS
If
Then mail to
Or, for Non-United States Postal Service
(USPS) deliveries, mail to
You are applying for re-registration or applying
to renew your temporary treatment benefits.
U.S. Citizenship and Immigration Services
Attn: TPS Nicaragua P.O. Box 6943 Chicago, IL 60680–6943.
U.S. Citizenship and Immigration Services
Attn: TPS Nicaragua P.O. Box 8631 Chicago, IL 60680–8631.
U.S. Citizenship and Immigration Services
Attn: TPS Nicaragua 427 S. LaSalle—3rd
Floor Chicago, IL 60605–1029.
U.S. Citizenship and Immigration Services
Attn: TPS Nicaragua [EOIR/Additional Documents] or [Late Initial Registrant] 427 S.
LaSalle—3rd Floor, Chicago, IL 60605–
1029.
You are applying for TPS for the first time, as a
late initial registrant, or you were granted
TPS by an Immigration Judge or the Board of
Immigration Appeals.
How will I know if I need to submit
supporting documentation with my
application package?
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 Part 4, Question 2 of Form I–
821 applies to you.
You must submit an explanation, on a separate sheet(s) of paper, and/
or additional documentation must be provided. You may NOT file
electronically.
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.
You were granted TPS by an Immigration Judge or the Board of Immigration Appeals.
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Can I file my 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.
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 Nicaragua (or an
alien who has no nationality and who
last habitually resided in Nicaragua);
(2) Have continuously resided in the
United States since December 30, 1998;
(3) Have been continuously physically
present in the United States since
January 5, 1999; and
(4) Be both admissible as an
immigrant, except as provided under
section 244(c)(2)(A) of the Immigration
and Nationality Act (Act), and not
ineligible under section 244(c)(2)(B) of
the Act.
Additionally, the applicant must be
able to demonstrate that, during the
initial registration period (from January
5, 1999 to August 20, 1999), he or she:
(1) Was a nonimmigrant or had been
granted voluntary departure status or
any relief from removal;
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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 for TPS, pursuant to the
designation of Nicaragua, 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
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).
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If I currently have TPS, can I lose my
TPS benefits?
An alien 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 that 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
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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 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.
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
Nicaragua (or aliens having no
nationality who last habitually resided
in Nicaragua) who entered the United
States after December 30, 1998, to file
for TPS?
No. 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 that are
not eligible currently. To be eligible for
benefits under this extension, nationals
of Nicaragua (or aliens having no
nationality who last habitually resided
in Nicaragua) must have continuously
resided in the United States since
December 30, 1998 and been
continuously physically present in the
United States since January 5, 1999, the
date of the initial designation of
Nicaragua for TPS.
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Employment Authorization Document
Automatic Extension Guidelines
Who is eligible to receive an automatic
extension of his or her EAD from July 5,
2007 to January 5, 2008?
To receive an automatic extension of
an EAD, an individual must be a
national of Nicaragua (or an alien
having no nationality who last
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habitually resided in Nicaragua) who
has applied for and received an EAD
under the designation of Nicaragua for
TPS and who has not had TPS
withdrawn or denied. This automatic
extension is limited to: (1) EADs issued
on Form I–766, Employment
Authorization Document, bearing an
expiration date of July 5, 2006 on the
face AND that have a July 2007 DHSissued extension sticker on the back of
the card; and (2) EADs issued on Form
I–766, Employment Authorization
Document, bearing an expiration date of
July 31, 2007. These EADs must also
bear the notation ‘‘A–12’’ or ‘‘C–19’’ on
the face of the card under ‘‘Category.’’
May I request an interim EAD at my
local District Office?
No. USCIS will not be issuing interim
EADs to TPS applicants and reregistrants at District Offices.
How may employers determine whether
an EAD has been automatically
extended for six months through
January 5, 2008, 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 January 5, 2008, will be a Form
I–766 bearing the notation ‘‘A–12’’ or
‘‘C–19’’ on the face of the card under
If I am currently registered under the
‘‘Category,’’ and either: (1) have an
designation of Nicaragua for TPS and
expiration date of July 5, 2006 on the
am re-registering for TPS, how do I
receive an extension of my EAD after the face of the card and have a July 2007
DHS-issued extension sticker on the
automatic six-month extension?
back; or (2) have an expiration date of
You will receive a notice in the mail
July 31, 2007 on the face of the card.
with instructions as to whether or not
New EADs or extension stickers
you will be required to appear at a
showing the January 5, 2008, expiration
USCIS Application Support Center
date of the six-month automatic
(ASC) for biometrics collection. To
extension will not be issued. Employers
increase efficiency and improve
should not request proof of Nicaraguan
customer service, whenever possible
citizenship.
USCIS will reuse previously-captured
Employers should accept an EAD as a
biometrics and conduct the security
checks using those biometrics such that valid ‘‘List A’’ document and not ask for
you may not be required to appear at an additional Form I–9, Employment
Eligibility Verification documentation if
ASC.
presented with an EAD that has been
Regardless of whether you are
extended pursuant to this Federal
required to appear at an ASC, you are
Register Notice, and the EAD reasonably
required to pay the biometrics fee
appears on its face to be genuine and to
during this re-registration. The fee will
relate to the employee. This does not
cover the USCIS costs associated with
affect the right of an applicant for
the use of the collected biometrics for
employment or an employee to present
FBI and other background checks.
any legally acceptable document as
USCIS fees fund the cost of processing
applications and petitions for
proof of identity and eligibility for
immigration benefits and services, and
employment.
USCIS’ associated operating costs. A
Note to Employers: Employers are
detailed description of how USCIS
reminded that the laws requiring
developed its current fee schedule is
employment eligibility verification and
contained in the proposed rule,
prohibiting unfair immigration-related
Adjustment of Certain Fees of the
employment practices remain in full force.
Immigration Examinations Fee Account, This Notice does not supersede or in any way
63 FR 1775 (Jan. 12, 1998).
limit applicable employment verification
If you are required to report to the
rules and policy guidance, including those
ASC, you must bring the following
setting forth re-verification requirements. See
documents: (1) Your receipt notice for
8 CFR 274a.2(b)(1)(vii). For questions,
your re-registration application; (2) your employers may call the USCIS Office of
ASC appointment notice; and (3) your
Business Liaison Employer Hotline at 1–800–
current EAD. If no further action is
357–2099. Also, employers may call the U.S.
required for your case, you will receive
Department of Justice Office of Special
a new EAD through the mail that is
Counsel for Immigration Related Unfair
valid through January 5, 2009. If your
Employment Practices (OSC) Employer
case requires further resolution, USCIS
Hotline at 1–800–255–8155 or 1–800–362–
will contact you in writing to explain
2735 (TDD). Employees or applicants may
what additional information, if any, is
call the OSC Employee Hotline at 1–800–
necessary to resolve your case. Once
255–7688 or 1–800–237–2515 (TDD) for
your case is resolved and if your
information regarding the automatic
application is approved, you will
extension. Additional information is
receive a new EAD in the mail with an
available on the OSC Web site at https://
expiration date of January 5, 2009.
www.usdoj.gov/crt/osc/.
PO 00000
Frm 00057
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29MYN1
29539
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Notices
How may employers determine an
employee’s eligibility for employment
once the automatic extension has
expired on January 5, 2008?
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Eligible TPS aliens will possess an
EAD with an expiration date of January
5, 2009. 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.
Notice of Proposed Information
Collection: Comment Request;
Housing Opportunities for Persons
with AIDS (HOPWA); Competitive
Grant Application; Project Budget
Summary and Annual Performance
Reporting Requirements
[Docket No. FR–5118-N–02]
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
January 5, 2008. 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 January 5, 2008.
After the first six months of this
extension, and continuing until the end
of the extension period, January 5, 2009,
a qualified individual may present a
new EAD valid through January 5, 2009.
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. E7–10194 Filed 5–25–07; 8:45 am]
BILLING CODE 4410–10–P
Office of Community Planning
and Development, HUD.
ACTION: Notice.
AGENCY:
SUMMARY: The proposed information
collection requirement described below
will be submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. The Department is
soliciting public comments on the
subject proposal.
DATES: Comments Due Date: July 30,
2007.
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Lillian L. Deitzer, Departmental Reports
Management Officer, QDAM,
Department or Housing and Urban
Development, 451 Seventh Street, SW.,
Room 4176, Washington, DC 20410;
telephone: 202–708–2374, (this is not a
toll-free number) or e-mail Ms. Deitzer
at Lillian_L._Deitzer@HUD.gov for a
copy of the proposed form and other
available information.
FOR FURTHER INFORMATION CONTACT:
William Rudy, Deputy Director, Office
of HIV/AIDS Housing, U.S. Department
of Housing and Urban Development,
451 Seventh Street, SW., Washington,
DC 20410; telephone 202–708–1934
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The
Department will submit the proposed
information collection to OMB for
review, as required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35, as amended).
This Notice is soliciting comments
from members of the public and
affecting agencies concerning the
proposed collection of information to:
ADDRESSES:
Number of respondents
sroberts on PROD1PC70 with NOTICES
Description of information collection
40110–B Competitive Application Project Budget Summary ..................................................................................
40110–C Annual Progress Report (APR) ............................
40110–D Consolidated Annual Performance and Evaluation Report (CAPER) ........................................................
Recordkeeping .....................................................................
VerDate Aug<31>2005
20:45 May 25, 2007
Jkt 211001
PO 00000
Frm 00058
Responses
per year
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (2) Evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (3) Enhance the quality,
utility, and clarity of the information to
be collected; and (4) Minimize the
burden of the collection of information
on those who are to respond; including
through the use of appropriate
automated collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
This Notice also lists the following
information
Title of Proposal: (1) HOPWA
Competitive and Renewal of Permanent
Supportive Housing Project Budget
Summary; (2) Annual Progress Report
(APR) for competitive grantees; and (3)
Consolidated Annual Performance and
Evaluation Report (CAPER) for formula
grantees.
OMB Control Number, if applicable:
2506–0133.
Description of the need for the
information and proposed use: The
budget summary form is submitted by
both competitive and renewal grant
applicants and is used to rate
applications, determine program
eligibility, and determine individual
budget line item grant amounts. Annual
performance reporting requirements
enables an assessment of grantee
progress towards implementing the
HOPWA housing stability annual
performance outcome measure while
measuring project success against
planned and actual accomplishments.
Agency form numbers, if applicable:
HUD–40110–B; 40110–C; and 40110D.
Members of Affected Public: Business
or other for-profit, not-for-profit
institutions, State, Local or Tribal
governments.
Estimation of the total number of
hours needed to prepare the information
collection including number of
respondents, frequency of response, and
hours of response:
Frequency of Submission: Annually.
Reporting Burden:
Total annual
responses
Hrs per response
Total hours
40
85
1
1
40
85
22
70
880
5,950
122
247
1
1
122
247
45
68
5,490
16,796
Fmt 4703
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29MYN1
]]>Agencies
[Federal Register Volume 72, Number 102 (Tuesday, May 29, 2007)]
[Notices]
[Pages 29534-29539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10194]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2410-07; DHS Docket No. USCIS-2007-0027]
RIN 1615--ZA49
Extension of the Designation of Nicaragua for Temporary Protected
Status; Automatic Extension of Employment Authorization Documentation
for Nicaraguan TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice of extension of temporary protected status designation
of Nicaragua.
-----------------------------------------------------------------------
SUMMARY: This Notice announces that the designation of Nicaragua for
Temporary Protected Status (TPS) has been extended for 18 months to
January 5, 2009, from its current expiration date of July 5, 2007. This
Notice also sets forth procedures necessary for nationals of Nicaragua
(or aliens having no nationality who last habitually resided in
Nicaragua) with TPS to re-register and to apply for an extension of
their Employment Authorization Documents (EADs) for the additional 18-
month period. Re-registration is limited to persons who have previously
registered for TPS under the designation of Nicaragua and whose
application has been granted or remains pending. Certain nationals of
Nicaragua (or aliens having no nationality who last habitually resided
in Nicaragua) who have not previously applied for TPS may be eligible
to apply under the late initial registration provisions.
Given the 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 July 5, 2007. Accordingly, this Notice automatically extends
the validity of EADs issued under the TPS designation of Nicaragua for
six months, through January 5, 2008, and explains how TPS beneficiaries
and their employers may determine which EADs are automatically
extended. New EADs with the January 5, 2009 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 Nicaragua is effective
July 6, 2007, and will remain in effect until 11:59 p.m. on January 5,
2009. The 60-day re-registration period begins May 29, 2007, and will
remain in effect until July 30, 2007. To facilitate processing of
applications, applicants are strongly encouraged to file as soon as
possible after the start of the 60-day re-registration period beginning
on May 29, 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) 272-1533.
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. Note: the phone number provided
here is solely for questions regarding this notice and the information
contained herein. It is not for individual case status inquiries.
Applicants seeking information about the status of their individual
case can look up their case in Case Status Online available at the
USCIS Web site listed above, or applicants may call the USCIS National
Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).
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
[[Page 29535]]
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 Nicaragua 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
Nicaragua?
On January 5, 1999, the Attorney General published a Notice in the
Federal Register at 64 FR 526, designating Nicaragua for TPS due to the
devastation resulting from Hurricane Mitch. Subsequent to that date,
the Attorney General and the Secretary of Homeland Security have
extended TPS for Nicaragua six times, determining in each instance that
the conditions warranting the designation continued to be met. 65 FR
30440 (July 6, 2000); 66 FR 23271 (July 6, 2001); 67 FR 22454 (July 6,
2002); 68 FR 23748 (July 6, 2003); 69 FR 64088 (Jan. 6, 2005); 71 FR
16333 (July 6, 2006). The most recent extension of Nicaragua for TPS
became effective on July 5, 2006, and is due to expire on July 5, 2007.
On February 2, 2007, the Government of Nicaragua requested an
extension of the TPS designation of Nicaragua. Over the past year, DHS
and the Department of State have continued to review conditions in
Nicaragua. Based on this review, the Secretary has concluded that an
18-month extension is warranted because there continues to be a
substantial, but temporary, disruption of living conditions in
Nicaragua resulting from Hurricane Mitch and Nicaragua remains unable,
temporarily, to adequately handle the return of its nationals, as
required for TPS designations based on environmental disasters. 8
U.S.C. 1254a(b)(1)(B)(i-iii).
Significant progress has been made in reconstruction following
Hurricane Mitch. However, Nicaragua has not fully recovered from the
environmental disaster.
An estimated 145,000 homes were destroyed by the hurricane, leaving
an estimated 400,000 to 800,000 people homeless. Health clinics and
schools were also impacted with 90 clinics, 400 health posts, and over
500 primary schools suffering structural damage. While much of the
large-scale post-disaster aid and reconstruction projects were
completed years ago, these projects were focused on temporary buildings
that have not been replaced with permanent cement structures and are
now largely deteriorated.
Hurricane Mitch destroyed or disabled 70 percent of the roads and
severely damaged 71 bridges. Over 1,700 miles of highway and access
roads needed replacement. The Pan-American Highway has been repaired,
but reconstruction efforts continue with the focus shifted to improving
secondary and rural roads.
Nicaragua also suffered significant economic damage and reduced
access to food following Hurricane Mitch. Over 100,000 acres of crops
were destroyed by the hurricane, half of them life-sustaining food
crops such as beans and corn. The regions hardest hit by the hurricane
continue to be the poorest and least developed in Nicaragua and the
Government of Nicaragua is reporting hunger cases in the northern
mountainous region. Additionally, landslides triggered by the heavy and
sustained rains of the hurricane resulted in the loss of forest canopy.
This problem has affected the environment, resulting in reduced
rainfall and agricultural yields that are consistently below average.
Export crops, such as coffee, sugar cane and bananas were also
destroyed, to a lesser extent but not without resulting reductions in
export income.
While the damage resulting from Hurricane Mitch in 1998 formed the
basis of the initial designation of Nicaragua for TPS, the country has
remained vulnerable and suffered damage during subsequent storms.
Hurricane Beta and Tropical Storm Stan severely affected thousands of
people, destroying houses, medical centers, and schools in October
2005.
Based upon this review of conditions in Nicaragua, the Secretary
finds, after consultation with the appropriate Government agencies,
that the conditions that prompted the designation of Nicaragua for TPS
continue to be met. See 8 U.S.C. 1254a(b)(3)(A). There continues to be
a substantial, but temporary, disruption in living conditions in
Nicaragua as the result of an environmental disaster, and Nicaragua
continues to be unable, temporarily, to handle adequately the return of
its nationals. See 8 U.S.C. 1254a(b)(1)(B). The Secretary also finds
that it is not contrary to the national interest of the United States
to 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 Nicaragua 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 Nicaragua
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 designation of Nicaragua for TPS in January
1999 continue to be met. See 8 U.S.C 1254a(b)(3)(A). There are
approximately 4,100 nationals of Nicaragua (or aliens having no
nationality who last habitually resided in Nicaragua) who have been
granted TPS and who may be eligible for re-registration. Accordingly, I
am extending the TPS designation of Nicaragua for 18 months from July
6, 2007 to January 5, 2009. For instructions on this extension, please
refer to the following attachment, which includes filing and
eligibility requirements for Temporary Protected Status and Employment
Authorization Documents.
Dated: May 16, 2007.
Michael Chertoff,
Secretary.
Temporary Protected Status Filing Guidelines
Do I need to re-register if I currently have TPS benefits through the
TPS designation of Nicaragua and would like to maintain them?
Yes. If you already have received TPS benefits through the
designation of Nicaragua for TPS, your benefits will expire at 11:59
p.m. on July 5, 2007. All TPS beneficiaries must comply with the re-
registration requirements described in this Notice in order to maintain
TPS benefits through January 5, 2009. TPS
[[Page 29536]]
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. All applicants are strongly encouraged to pay close and careful
attention when filling out the required forms to help ensure that their
dates of birth, alien registration numbers, spelling of their names,
and other required information is correctly entered on the forms.
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 You are applying for You must complete
TPS. an extension of and file the Form I-
your EAD valid 765, Application
through January 5, for Employment
2009. Authorization with
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 You are NOT applying You must complete
TPS. for renewal of your and file the Form I-
EAD. 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 are applying for TPS as You are applying for You must complete
a late initial registrant a TPS-related EAD. and file Form I-821
and you are between the with the $50 fee or
ages of 14 and 65 fee waiver request
(inclusive). and Form I-765 with
fee or a fee waiver
request.
You are applying for TPS as You are applying for You must complete
a late initial registrant a TPS-related EAD. and file Form I-821
and are under age 14 or with the $50 fee or
over age 65. fee waiver request.
You must also
submit Form I-765
with no fee.
You are applying for TPS as You are NOT applying You must complete
a late initial registrant, for an EAD. and file Form I-821
regardless of age. with the $50 fee or
fee waiver request
and Form I-765 with
no fee.
Your previous TPS You are applying to You must complete
application is still renew your and file the Form I-
pending. temporary treatment 765 with fee or a
benefits (i.e., an fee waiver request.
EAD with category You must also
``C-19'' on its submit Form I-821
face). with no fee.
------------------------------------------------------------------------
Certain applicants must also submit a Biometric Service Fee (See
Table 2).
Table 2.--Biometric Service Fees
------------------------------------------------------------------------
If And Then
------------------------------------------------------------------------
You are 14 years of age or 1. You are re- You must submit a
older. registering for Biometric Service
TPS, or. fee as defined in 8
CFR 103.7.
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
(i.e., and EAD with
category ``c-19''
on its face).
You are younger than 14 You are applying for You must submit a
years of age. an EAD. Biometric Service
fee as defined in 8
CFR 103.7.
You are younger than 14 You are NOT applying You do NOT need to
years of age. for an EAD. submit a Biometric
Service fee.
------------------------------------------------------------------------
What edition of the Form I-821 should I submit?
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 I submit my application for TPS?
Please reference Table 3 below to see where to mail your specific
application.
[[Page 29537]]
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 and U.S. Citizenship and
registration or applying to Immigration Immigration
renew your temporary Services Attn: TPS Services Attn: TPS
treatment benefits. Nicaragua P.O. Box Nicaragua 427 S.
6943 Chicago, IL LaSalle--3rd Floor
60680-6943. Chicago, IL 60605-
1029.
You are applying for TPS for U.S. Citizenship and U.S. Citizenship and
the first time, as a late Immigration Immigration
initial registrant, or you Services Attn: TPS Services Attn: TPS
were granted TPS by an Nicaragua P.O. Box Nicaragua [EOIR/
Immigration Judge or the 8631 Chicago, IL Additional
Board of Immigration 60680-8631. Documents] or [Late
Appeals. Initial Registrant]
427 S. LaSalle--3rd
Floor, Chicago, IL
60605-1029.
------------------------------------------------------------------------
How will I know if I need to submit supporting documentation with my
application package?
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 explanation,
Part 4, Question 2 of Form I-821 on a separate sheet(s) of
applies to you. 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 the grant of TPS (such as an
Appeals. order from the Immigration
Judge) with your application
package. You may NOT file
electronically.
------------------------------------------------------------------------
Can I file my 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.
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 Nicaragua (or an alien who has no nationality
and who last habitually resided in Nicaragua);
(2) Have continuously resided in the United States since December
30, 1998;
(3) Have been continuously physically present in the United States
since January 5, 1999; and
(4) Be both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the Immigration and Nationality Act (Act), and
not ineligible under section 244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate that,
during the initial registration period (from January 5, 1999 to August
20, 1999), he or she:
(1) Was a nonimmigrant or had been granted voluntary departure
status or any relief from removal;
(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal or change of
status pending or subject to further review or appeal;
(3) Was a parolee or had a pending request for reparole; or
(4) Is the spouse or child of an alien currently eligible to be a
TPS registrant.
An applicant for late initial registration must file an application
for late registration no later than 60 days after the expiration or
termination of the conditions described above. 8 CFR 244.2(g). All late
initial registration applications for TPS, pursuant to the designation
of Nicaragua, 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 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).
If I currently have TPS, can I lose my TPS benefits?
An alien 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 that 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
[[Page 29538]]
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 Nicaragua (or aliens having no
nationality who last habitually resided in Nicaragua) who entered the
United States after December 30, 1998, to file for TPS?
No. 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
that are not eligible currently. To be eligible for benefits under this
extension, nationals of Nicaragua (or aliens having no nationality who
last habitually resided in Nicaragua) must have continuously resided in
the United States since December 30, 1998 and been continuously
physically present in the United States since January 5, 1999, the date
of the initial designation of Nicaragua for TPS.
Employment Authorization Document Automatic Extension Guidelines
Who is eligible to receive an automatic extension of his or her EAD
from July 5, 2007 to January 5, 2008?
To receive an automatic extension of an EAD, an individual must be
a national of Nicaragua (or an alien having no nationality who last
habitually resided in Nicaragua) who has applied for and received an
EAD under the designation of Nicaragua for TPS and who has not had TPS
withdrawn or denied. This automatic extension is limited to: (1) EADs
issued on Form I-766, Employment Authorization Document, bearing an
expiration date of July 5, 2006 on the face AND that have a July 2007
DHS-issued extension sticker on the back of the card; and (2) EADs
issued on Form I-766, Employment Authorization Document, bearing an
expiration date of July 31, 2007. These EADs must also bear the
notation ``A-12'' or ``C-19'' on the face of the card under
``Category.''
If I am currently registered under the designation of Nicaragua for TPS
and am re-registering for TPS, how do I receive an extension of my EAD
after the automatic six-month extension?
You will receive a notice in the mail with instructions as to
whether or not you will be required to appear at a USCIS Application
Support Center (ASC) for biometrics collection. To increase efficiency
and improve customer service, whenever possible USCIS will reuse
previously-captured biometrics and conduct the security checks using
those biometrics such that you may not be required to appear at an ASC.
Regardless of whether you are required to appear at an ASC, you are
required to pay the biometrics fee during this re-registration. The fee
will cover the USCIS costs associated with the use of the collected
biometrics for FBI and other background checks. USCIS fees fund the
cost of processing applications and petitions for immigration benefits
and services, and USCIS' associated operating costs. A detailed
description of how USCIS developed its current fee schedule is
contained in the proposed rule, Adjustment of Certain Fees of the
Immigration Examinations Fee Account, 63 FR 1775 (Jan. 12, 1998).
If you are required to 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 through the mail that is valid through January 5, 2009. 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. Once your case is resolved and if your application is
approved, you will receive a new EAD in the mail with an expiration
date of January 5, 2009.
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 January 5, 2008, 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 January 5, 2008, will be a Form I-766 bearing the
notation ``A-12'' or ``C-19'' on the face of the card under
``Category,'' and either: (1) have an expiration date of July 5, 2006
on the face of the card and have a July 2007 DHS-issued extension
sticker on the back; or (2) have an expiration date of July 31, 2007 on
the face of the card. New EADs or extension stickers showing the
January 5, 2008, expiration date of the six-month automatic extension
will not be issued. Employers should not request proof of Nicaraguan
citizenship.
Employers should accept an EAD as a valid ``List A'' document and
not ask for additional Form I-9, Employment Eligibility Verification
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 29539]]
How may employers determine an employee's eligibility for employment
once the automatic extension has expired on January 5, 2008?
Eligible TPS aliens will possess an EAD with an expiration date of
January 5, 2009. 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 January 5, 2008. 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 January 5, 2008.
After the first six months of this extension, and continuing until
the end of the extension period, January 5, 2009, a qualified
individual may present a new EAD valid through January 5, 2009.
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. E7-10194 Filed 5-25-07; 8:45 am]
BILLING CODE 4410-10-P
