Extension of the Designation of El Salvador for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Salvadoran TPS Beneficiaries, 46649-46653 [E7-16092]
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BILLING CODE 4140–01–M
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2411–07; DHS Docket No. USCIS–
2007–0028]
RIN 1615–ZA50
Extension of the Designation of El
Salvador for Temporary Protected
Status; Automatic Extension of
Employment Authorization
Documentation for Salvadoran TPS
Beneficiaries
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Notice of extension of
temporary protected status designation
of El Salvador.
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AGENCY:
SUMMARY: This Notice announces that
the designation of El Salvador for
Temporary Protected Status (TPS) has
been extended for 18 months to March
9, 2009, from its current expiration date
of September 9, 2007. This Notice also
sets forth procedures necessary for
nationals of El Salvador (or aliens
having no nationality who last
habitually resided in El Salvador) with
TPS to re-register and to apply for an
extension of their Employment
Authorization Documents (EADs) for the
additional 18-month period. Reregistration is limited to persons who
have previously registered for TPS
under the designation of El Salvador
and whose application has been granted
or remains pending. Certain nationals of
El Salvador (or aliens having no
nationality who last habitually resided
in El Salvador) who have not previously
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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 September 9,
2007. Accordingly, this Notice
automatically extends the validity of
EADs issued under the TPS designation
of El Salvador for 6 months, through
March 9, 2008, and explains how TPS
beneficiaries and their employers may
determine which EADs are
automatically extended. New EADs with
the March 9, 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 El Salvador is effective
September 10, 2007, and will remain in
effect until 11:59 p.m. on March 9, 2009.
The 60-day re-registration period begins
August 21, 2007, and will remain in
effect until October 22, 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 August 21, 2007.
FOR FURTHER INFORMATION CONTACT:
Shelly Hock, 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://
www.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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46649
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 El Salvador 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 El Salvador?
On March 19, 2001, the Attorney
General published a Notice in the
Federal Register, at 66 FR 14214,
designating El Salvador for TPS due to
the devastation caused by a series of
severe earthquakes. Subsequent to that
date, the Attorney General and the
Secretary have extended TPS for El
Salvador four times, determining in
each instance that the conditions
warranting the designation continued to
be met. 67 FR 46000 (July 11, 2002); 68
FR 42071 (July 16, 2003); 70 FR 1450
(Jan. 7, 2005); 71 FR 34637 (June 15,
2006). The most recent extension
became effective on September 9, 2006,
and is due to expire on September 9,
2007.
On February 1, 2007, the Government
of El Salvador requested an extension of
the TPS designation of El Salvador.
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in El
Salvador. Based on this review, the
Secretary has concluded that an 18month extension is warranted because
there continues to be a substantial, but
temporary, disruption in living
conditions in El Salvador resulting from
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the earthquakes that struck the country
in 2001, and El Salvador remains
unable, temporarily, to adequately
handle the return of its nationals, as is
required for TPS designations based on
environmental disasters. 8 U.S.C.
1254a(b)(1)(B).
There has been a great deal of
reconstruction, and significant recovery
has been realized in repairing the more
than 2,300 kilometers of major roads
and highways that were severely
damaged by the earthquakes. By the end
of July 2004, it was reported that all
major roads appeared to have been
reconstructed and were functioning.
However, despite this progress, current
conditions in El Salvador still reflect
much of the destruction caused by the
earthquakes, and other critical
infrastructure remains damaged or
destroyed, particularly in the area of
health care.
In 2006, the Salvadoran government
released its final assessment that
276,594 houses were affected by the
2001 earthquakes (166,529 destroyed
and 110,065 damaged). At the end of
2004, USAID completed its earthquake
reconstruction program, including the
construction of 26,872 houses, and in
February 2005, it was reported that in
´
San Vicente and Cuscatlan, two of the
most affected departments, 80 percent
and 85 percent, respectively, of the
damaged housing had been
reconstructed. As of February 2007, the
Salvadoran government stated that
nearly 50 percent of the total number of
houses destroyed or damaged by the
earthquakes (136,988 houses), had been
reconstructed or repaired. A housing
program funded by the European Union,
which was started in 2004 (5,500
houses), was almost complete, and a
housing program funded by the InterAmerican Development Bank (3,500
houses) was still underway, with a
target date for completion set later in
2007.
Eight hospitals and 113 of the 361
health facilities, representing 55 percent
of the country’s capacity to deliver
health services, were severely damaged
by the earthquakes. Although the
Ministry of Health reported that 95
percent of community health centers
damaged or destroyed by the
earthquakes had been rebuilt,
reconstruction of damaged hospitals has
faced repeated delays. As of February
2007, reconstruction of two of the
country’s seven main hospitals had
begun, with reconstruction of the other
five still in either the design or bidding
stages. Completion of the reconstruction
of these seven facilities is targeted for
2009.
Based upon this review, the Secretary
finds, after consultation with the
appropriate Government agencies, that
the conditions that prompted the
designation of El Salvador 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 El Salvador as the
result of an environmental disaster, and
El Salvador continues to be unable,
temporarily, to handle adequately the
return of its nationals. See 8 U.S.C.
1254a(b)(1)(B). 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 El Salvador 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 El Salvador
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 El Salvador for
TPS in March 2001 continue to be met.
See 8 U.S.C 1254a(b)(3)(A). There are
approximately 234,000 nationals of El
Salvador (or aliens having no
nationality who last habitually resided
in El Salvador) who have been granted
TPS and who may be eligible for reregistration. Accordingly, I am
extending the TPS designation of El
Salvador for 18 months from September
10, 2007 to March 9, 2009. 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.
Michael Chertoff,
Secretary.
Temporary Protected Status Filing
Guidelines
Do I need to re-register for TPS if I
currently have benefits through the
designation of El Salvador for TPS, and
would like to maintain them?
Yes. If you already have received TPS
benefits through the TPS designation of
El Salvador, your benefits will expire at
11:59 p.m. on September 9, 2007. All
TPS beneficiaries must comply with the
re-registration requirements described
in this Notice in order to maintain TPS
benefits through March 9, 2009. 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 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 to 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
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If
And
Then
You are re-registering for TPS ...........................
You are applying for an extension of your
EAD valid through March 9, 2009.
You must complete and file the Form I–765,
Application for Employment Authorization,
with the fee of $340 or a fee waiver request. You must also submit Form I–821,
Application for Temporary Protected Status,
with no fee.
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TABLE 1.—APPLICATION FORMS AND APPLICATION FEES—Continued
If
And
Then
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
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 fee of $340 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 fee of $340 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).
TABLE 2.—BIOMETRIC SERVICE FEES
If
And
Then
You are 14 years of age or older .......................
You must submit a Biometric Service fee of
$80 as defined in 8 CFR 103.7 or a fee
waiver request.
You are younger than 14 years of age ..............
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 (i.e., EAD with category ‘‘C–
19’’ on its face)
You are applying for an EAD. ..........................
You are younger than 14 years of age ..............
You are NOT applying for an EAD ..................
What edition of the form I–821 should
I submit?
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.
Only the edition of Form I–821 dated
November 5, 2004, or later will be
accepted. The revision date can be
You must submit a Biometric Service fee of
$80 as defined in 8 CFR 103.7 or a fee
waiver request.
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.
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 El Salvador, P.O. Box 8635, Chicago, IL 60680–8635.
U.S. Citizenship and Immigration Services,
Attn: TPS El Salvador, P.O. Box 8670, Chicago, IL 60680–8670.
U.S. Citizenship and Immigration Services,
Attn: TPS El Salvador, 427 S. LaSalle—3rd
Floor, Chicago, IL 60605–1029.
U.S. Citizenship and Immigration Services,
Attn: TPS El Salvador, [EOIR/Additional
Documents] or [Late Initial Registrant], 427
S. LaSalle—3rd Floor, Chicago, IL 60605–
1029.
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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.
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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 were granted TPS by an Immigration
Judge or the Board of Immigration Appeals.
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.
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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 El Salvador (or an
alien who has no nationality and who
last habitually resided in El Salvador);
(2) Have continuously resided in the
United States since February 13, 2001;
(3) Have been continuously physically
present in the United States since March
9, 2001; and
(4) Be both admissible as an
immigrant, except as provided under
section 244(c)(2)(A) of the 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 March 9,
2001 to September 9, 2002), he or she:
(1) Was a nonimmigrant or had been
granted voluntary departure status or
any relief from removal;
(2) Had an application for change of
status, adjustment of status, asylum,
voluntary departure, or any relief from
removal or change of status pending or
subject to further review or appeal;
(3) Was a parolee or had a pending
request for reparole; or
(4) Is the spouse or child of an alien
currently eligible to be a TPS registrant.
An applicant for late initial
registration must file an application for
late registration no later than 60 days
after the expiration or termination of the
conditions described above. 8 CFR
244.2(g). All late initial registration
applications for TPS, pursuant to the
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designation of El Salvador, 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 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 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
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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 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 El
Salvador (or aliens having no
nationality who last habitually resided
in El Salvador) who entered the United
States after February 13, 2001, to file for
TPS?
No. 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
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of El Salvador (or aliens having no
nationality who last habitually resided
in El Salvador) must have continuously
resided in the United States since
February 13, 2001 and been
continuously physically present in the
United States since March 9, 2001, the
date of the current designation of El
Salvador for TPS.
Employment Authorization Document
Automatic Extension Guidelines
Who is eligible to receive an automatic
extension of his or her EAD from
September 9, 2007 to March 9, 2008?
To receive an automatic extension of
an EAD, an individual must be a
national of El Salvador (or an alien
having no nationality who last
habitually resided in El Salvador) who
has applied for and received an EAD
under the designation of El Salvador 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 either July 5, 2006, or
September 9, 2006, on the face AND that
have a September 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
September 30, 2007. These EADs must
also bear the notation ‘‘A–12’’ or ‘‘C–19’’
on the face card under ‘‘Category.’’
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If I am currently registered under the
designation of El Salvador 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 as
to whether or not they 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 previouslycaptured 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
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contained in the proposed rule
Adjustment of the Immigration and
Naturalization Benefit Application and
Petition Fee Schedule, at 72 FR 4888
(Feb. 1, 2007). The fee schedule was
established in a final rule on May 30,
2007. 72 FR 29851.
If you are required to report to an
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 by mail valid through March
9, 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
March 9, 2009.
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 March
9, 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 March 9, 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, or
September 9, 2006 on the face of the
card, and a September 2007 DHS-issued
extension sticker on the back; or (2)
have an expiration date of September
30, 2007 on the face of the card. New
EADs or extension stickers showing the
March 9, 2008, expiration date of the
six-month automatic extension will not
be issued. Employers should not request
proof of Salvadoran 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
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
46653
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/.
How may employers determine an
employee’s eligibility for employment
once the automatic six-month extension
expires on March 9, 2008?
Eligible TPS aliens will possess an
EAD with an expiration date of March
9, 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
March 9, 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 March 9, 2008.
After the first six months of this
extension, and continuing until the end
of the extension period, March 9, 2009,
a qualified individual may present a
new EAD valid through March 9, 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. E7–16092 Filed 8–20–07; 8:45 am]
BILLING CODE 4410–10–P
E:\FR\FM\21AUN1.SGM
21AUN1
]]>Agencies
[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Notices]
[Pages 46649-46653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16092]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2411-07; DHS Docket No. USCIS-2007-0028]
RIN 1615-ZA50
Extension of the Designation of El Salvador for Temporary
Protected Status; Automatic Extension of Employment Authorization
Documentation for Salvadoran TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice of extension of temporary protected status designation
of El Salvador.
-----------------------------------------------------------------------
SUMMARY: This Notice announces that the designation of El Salvador for
Temporary Protected Status (TPS) has been extended for 18 months to
March 9, 2009, from its current expiration date of September 9, 2007.
This Notice also sets forth procedures necessary for nationals of El
Salvador (or aliens having no nationality who last habitually resided
in El Salvador) with TPS to re-register and to apply for an extension
of their Employment Authorization Documents (EADs) for the additional
18-month period. Re-registration is limited to persons who have
previously registered for TPS under the designation of El Salvador and
whose application has been granted or remains pending. Certain
nationals of El Salvador (or aliens having no nationality who last
habitually resided in El Salvador) who have not previously applied for
TPS may be eligible to apply under the late initial registration
provisions.
Given the 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 September 9, 2007. Accordingly, this Notice automatically
extends the validity of EADs issued under the TPS designation of El
Salvador for 6 months, through March 9, 2008, and explains how TPS
beneficiaries and their employers may determine which EADs are
automatically extended. New EADs with the March 9, 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 El Salvador is effective
September 10, 2007, and will remain in effect until 11:59 p.m. on March
9, 2009. The 60-day re-registration period begins August 21, 2007, and
will remain in effect until October 22, 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 August 21, 2007.
FOR FURTHER INFORMATION CONTACT: Shelly Hock, 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://www.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.
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 El Salvador 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 El
Salvador?
On March 19, 2001, the Attorney General published a Notice in the
Federal Register, at 66 FR 14214, designating El Salvador for TPS due
to the devastation caused by a series of severe earthquakes. Subsequent
to that date, the Attorney General and the Secretary have extended TPS
for El Salvador four times, determining in each instance that the
conditions warranting the designation continued to be met. 67 FR 46000
(July 11, 2002); 68 FR 42071 (July 16, 2003); 70 FR 1450 (Jan. 7,
2005); 71 FR 34637 (June 15, 2006). The most recent extension became
effective on September 9, 2006, and is due to expire on September 9,
2007.
On February 1, 2007, the Government of El Salvador requested an
extension of the TPS designation of El Salvador. Over the past year,
DHS and the Department of State (DOS) have continued to review
conditions in El Salvador. 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 in living
conditions in El Salvador resulting from
[[Page 46650]]
the earthquakes that struck the country in 2001, and El Salvador
remains unable, temporarily, to adequately handle the return of its
nationals, as is required for TPS designations based on environmental
disasters. 8 U.S.C. 1254a(b)(1)(B).
There has been a great deal of reconstruction, and significant
recovery has been realized in repairing the more than 2,300 kilometers
of major roads and highways that were severely damaged by the
earthquakes. By the end of July 2004, it was reported that all major
roads appeared to have been reconstructed and were functioning.
However, despite this progress, current conditions in El Salvador still
reflect much of the destruction caused by the earthquakes, and other
critical infrastructure remains damaged or destroyed, particularly in
the area of health care.
In 2006, the Salvadoran government released its final assessment
that 276,594 houses were affected by the 2001 earthquakes (166,529
destroyed and 110,065 damaged). At the end of 2004, USAID completed its
earthquake reconstruction program, including the construction of 26,872
houses, and in February 2005, it was reported that in San Vicente and
Cuscatl[aacute]n, two of the most affected departments, 80 percent and
85 percent, respectively, of the damaged housing had been
reconstructed. As of February 2007, the Salvadoran government stated
that nearly 50 percent of the total number of houses destroyed or
damaged by the earthquakes (136,988 houses), had been reconstructed or
repaired. A housing program funded by the European Union, which was
started in 2004 (5,500 houses), was almost complete, and a housing
program funded by the Inter-American Development Bank (3,500 houses)
was still underway, with a target date for completion set later in
2007.
Eight hospitals and 113 of the 361 health facilities, representing
55 percent of the country's capacity to deliver health services, were
severely damaged by the earthquakes. Although the Ministry of Health
reported that 95 percent of community health centers damaged or
destroyed by the earthquakes had been rebuilt, reconstruction of
damaged hospitals has faced repeated delays. As of February 2007,
reconstruction of two of the country's seven main hospitals had begun,
with reconstruction of the other five still in either the design or
bidding stages. Completion of the reconstruction of these seven
facilities is targeted for 2009.
Based upon this review, the Secretary finds, after consultation
with the appropriate Government agencies, that the conditions that
prompted the designation of El Salvador 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 El Salvador as the result
of an environmental disaster, and El Salvador continues to be unable,
temporarily, to handle adequately the return of its nationals. See 8
U.S.C. 1254a(b)(1)(B). 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 El Salvador
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 El Salvador
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 El Salvador for TPS in March
2001 continue to be met. See 8 U.S.C 1254a(b)(3)(A). There are
approximately 234,000 nationals of El Salvador (or aliens having no
nationality who last habitually resided in El Salvador) who have been
granted TPS and who may be eligible for re-registration. Accordingly, I
am extending the TPS designation of El Salvador for 18 months from
September 10, 2007 to March 9, 2009. 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.
Michael Chertoff,
Secretary.
Temporary Protected Status Filing Guidelines
Do I need to re-register for TPS if I currently have benefits through
the designation of El Salvador for TPS, and would like to maintain
them?
Yes. If you already have received TPS benefits through the TPS
designation of El Salvador, your benefits will expire at 11:59 p.m. on
September 9, 2007. All TPS beneficiaries must comply with the re-
registration requirements described in this Notice in order to maintain
TPS benefits through March 9, 2009. 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 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 to 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 March 9, for Employment
2009. Authorization, with
the fee of $340 or
a fee waiver
request. You must
also submit Form I-
821, Application
for Temporary
Protected Status,
with no fee.
[[Page 46651]]
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
the fee of $340 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 the fee of
benefits (i.e., an $340 or a fee
EAD with category waiver request. You
``c-19'' on its must also submit
face). Form I-821,
Application for
Temporary Protected
Status, 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 of $80 as
2. You are applying defined in 8 CFR
for TPS under the 103.7 or a fee
late initial waiver request.
registration
provisions, or.
3. Your TPS
application is
still pending and
you are applying to
renew temporary
treatment benefits
(i.e., 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 of $80 as
defined in 8 CFR
103.7 or a fee
waiver request.
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.
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. El Salvador, P.O. El Salvador, 427 S.
Box 8635, Chicago, LaSalle--3rd Floor,
IL 60680-8635. 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 El Salvador, P.O. El Salvador, [EOIR/
Immigration Judge or the Box 8670, Chicago, Additional
Board of Immigration IL 60680-8670. Documents] or [Late
Appeals. Initial
Registrant], 427 S.
LaSalle--3rd Floor,
Chicago, IL 60605-
1029.
------------------------------------------------------------------------
[[Page 46652]]
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 You must submit an explanation, on a
listed in Part 4, Question 2 separate sheet(s) of paper, and/or
of Form I-821 applies to you. additional documentation must be
provided. You may NOT file
electronically.
You were granted TPS by an You must include evidence of the grant of
Immigration Judge or the TPS (such as an order from the
Board of Immigration Appeals. 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 El Salvador (or an alien who has no
nationality and who last habitually resided in El Salvador);
(2) Have continuously resided in the United States since February
13, 2001;
(3) Have been continuously physically present in the United States
since March 9, 2001; and
(4) Be both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the 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 March 9, 2001 to September
9, 2002), he or she:
(1) Was a nonimmigrant or had been granted voluntary departure
status or any relief from removal;
(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal or change of
status pending or subject to further review or appeal;
(3) Was a parolee or had a pending request for reparole; or
(4) Is the spouse or child of an alien currently eligible to be a
TPS registrant.
An applicant for late initial registration must file an application
for late registration no later than 60 days after the expiration or
termination of the conditions described above. 8 CFR 244.2(g). All late
initial registration applications for TPS, pursuant to the designation
of El Salvador, 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 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 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 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 El Salvador (or aliens having no
nationality who last habitually resided in El Salvador) who entered the
United States after February 13, 2001, to file for TPS?
No. 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
[[Page 46653]]
of El Salvador (or aliens having no nationality who last habitually
resided in El Salvador) must have continuously resided in the United
States since February 13, 2001 and been continuously physically present
in the United States since March 9, 2001, the date of the current
designation of El Salvador for TPS.
Employment Authorization Document Automatic Extension Guidelines
Who is eligible to receive an automatic extension of his or her EAD
from September 9, 2007 to March 9, 2008?
To receive an automatic extension of an EAD, an individual must be
a national of El Salvador (or an alien having no nationality who last
habitually resided in El Salvador) who has applied for and received an
EAD under the designation of El Salvador 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 either July 5, 2006, or September 9, 2006, on the
face AND that have a September 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 September 30,
2007. These EADs must also bear the notation ``A-12'' or ``C-19'' on
the face card under ``Category.''
If I am currently registered under the designation of El Salvador 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 as to whether or not they 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 the Immigration and
Naturalization Benefit Application and Petition Fee Schedule, at 72 FR
4888 (Feb. 1, 2007). The fee schedule was established in a final rule
on May 30, 2007. 72 FR 29851.
If you are required to report to an 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 by mail valid through March 9, 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 March 9, 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 March 9, 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 March 9, 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, or September 9,
2006 on the face of the card, and a September 2007 DHS-issued extension
sticker on the back; or (2) have an expiration date of September 30,
2007 on the face of the card. New EADs or extension stickers showing
the March 9, 2008, expiration date of the six-month automatic extension
will not be issued. Employers should not request proof of Salvadoran
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/.
How may employers determine an employee's eligibility for employment
once the automatic six-month extension expires on March 9, 2008?
Eligible TPS aliens will possess an EAD with an expiration date of
March 9, 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 March 9, 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 March 9, 2008.
After the first six months of this extension, and continuing until
the end of the extension period, March 9, 2009, a qualified individual
may present a new EAD valid through March 9, 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. E7-16092 Filed 8-20-07; 8:45 am]
BILLING CODE 4410-10-P
