Termination of the Designation of Burundi for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Burundi TPS Beneficiaries, 61172-61177 [E7-21128]
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Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Notices
Dated: October 22, 2007.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E7–21268 Filed 10–26–07; 8:45 am]
BILLING CODE 4160–01–S
Biologics Evaluation and Research
(HFM–17), Food and Drug
Administration, 1401 Rockville Pike,
suite 200N, Rockville, MD 20852–1448,
301–827–6210.
SUPPLEMENTARY INFORMATION:
I. Background
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. 2005D–0047]
Guidance for Industry: Considerations
for Plasmid Deoxyribonucleic Acid
Vaccines for Infectious Disease
Indications; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
SUMMARY: The Food and Drug
Administration (FDA) is announcing the
availability of a document entitled
‘‘Guidance for Industry: Considerations
for Plasmid DNA Vaccines for Infectious
Disease Indications’’ dated November
2007. The guidance document is
intended to assist manufacturers and
sponsors in the development of
deoxyribonucleic acid (DNA) vaccines
to prevent infectious diseases. The
guidance supersedes the guidance
document entitled ‘‘Points to Consider
on Plasmid DNA Vaccines for
Preventive Infectious Disease
Indications’’ dated December 1996. In
addition, the guidance announced in
this notice finalizes the draft guidance
of the same title dated February 2005.
DATES: Submit written or electronic
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Send one self-addressed adhesive label
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Submit written comments
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Submit electronic comments to https://
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FOR FURTHER INFORMATION CONTACT:
Joseph L. Okrasinski, Jr., Center for
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ADDRESSES:
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FDA is announcing the availability of
a document entitled ‘‘Guidance for
Industry: Considerations for Plasmid
DNA Vaccines for Infectious Disease
Indications,’’ dated November 2007. The
guidance is intended to assist
manufacturers and sponsors in the
development of DNA vaccines to
prevent infectious diseases. The
document describes the manufacturing
information that should be submitted to
CBER for a new vaccine product for
clinical study under an investigational
new drug application (IND). Plasmid
DNA products intended for noninfectious therapeutic indications are
not addressed in the guidance. This
guidance supersedes the guidance
document entitled ‘‘Points to Consider
on Plasmid DNA Vaccines for
Preventive Infectious Disease
Indications’’ dated December 1996. In
addition, the guidance announced in
this notice finalizes the draft guidance
dated February 2005.
In the Federal Register of February
18, 2005 (70 FR 8378), FDA announced
the availability of the draft guidance of
the same title dated February 2005. FDA
received several comments on the draft
guidance, and those comments were
considered as the guidance was
finalized. In addition, editorial changes
were made to improve clarity.
The guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The guidance represents FDA’s current
thinking on this topic. It does not create
or confer any rights for or on any person
and does not operate to bind FDA or the
public. An alternative approach may be
used if such approach satisfies the
requirements of the applicable statutes
and regulations.
II. Paperwork Reduction Act of 1995
This guidance refers to previously
approved collections of information
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The collection of information
mentioned in the guidance regarding the
submission of manufacturer’s
information in an IND was approved
under OMB control number 0910–0014.
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III. Comments
Interested persons may, at any time,
submit to the Division of Dockets
Management (see ADDRESSES) written or
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copy. Comments are to be identified
with the docket number found in the
brackets in the heading of this
document. A copy of the guidance and
received comments are available for
public examination in the Division of
Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
IV. Electronic Access
Persons with access to the Internet
may obtain the guidance at either https://
www.fda.gov/cber/guidelines.htm or
https://www.fda.gov/ohrms/dockets/
default.htm.
Dated: October 22, 2007.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E7–21266 Filed 10–26–07; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2416–07; DHS Docket No. USCIS–
2007–0052]
RIN–1615–ZA54
Termination of the Designation of
Burundi for Temporary Protected
Status; Automatic Extension of
Employment Authorization
Documentation for Burundi TPS
Beneficiaries
U.S. Citizenship and
Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
AGENCY:
SUMMARY: Following a review of country
conditions and consultations with the
Secretary of State and other appropriate
Government agencies, the Secretary of
Homeland Security has determined that
the temporary protected status (TPS)
designation for Burundi should be
terminated. This termination will not
take effect until May 2, 2009, to provide
for an orderly transition. This Notice
informs the public of the termination of
the TPS designation for Burundi and
sets forth procedures for nationals of
Burundi (or aliens having no nationality
who last habitually resided in Burundi)
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Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Notices
with TPS to re-register for TPS benefits.
Re-registration is limited to persons who
have previously registered for TPS
under the designation of Burundi and
whose application has been granted or
remains pending. Burundians (or aliens
having no nationality who last
habitually resided in Burundi) who
have not previously been granted TPS,
or who do not already have a pending
application for TPS under the
designation for Burundi, may not file
under Late Initial Filing (LIFs)
provisions, which are only allowed
during an extension of a designation of
TPS.
Given the timeframes involved with
processing TPS re-registration
applications, the Department of
Homeland Security (DHS) recognizes
the possibility that re-registrants may
not receive a new Employment
Authorization Document (EAD) until
after their current EAD expires on
November 2, 2007. Accordingly, this
Notice automatically extends the
validity of EADs issued under the TPS
designation of Burundi for six months,
through May 2, 2008, and explains how
TPS beneficiaries and their employers
may determine which EADs are
automatically extended. New EADs with
the May 1, 2009, expiration date will be
issued to eligible TPS beneficiaries who
timely re-register and apply for an EAD.
DATES: The termination of the TPS
designation for Burundi is effective
12:01 a.m., local time, May 2, 2009. To
maintain TPS benefits for the 18 months
leading up to the effective date of the
termination, Burundi TPS beneficiaries
must comply with the re-registration
requirements described in this Notice.
The 60-day re-registration period begins
October 29, 2007, and will remain in
effect until December 28, 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
check Case Status Online available at
the USCIS Web site listed above, or
applicants may call the USCIS National
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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 terminate
the designation of Burundi 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. Such
termination may not take effect earlier
than 60 days after the date of Notice of
termination is published in the Federal
Register. 8 U.S.C. 1254a(b)(3)(B). The
Secretary may determine the
appropriate effective date of the
termination for the purpose of providing
an orderly transition. 8 U.S.C.
1254a(b)(3)(B); 8 U.S.C. 1254a(d)(3).
Why did the Secretary decide to
terminate the TPS designation of
Burundi?
On November 4, 1997, the Attorney
General published a Notice in the
Federal Register, at 62 FR 59735,
designating Burundi for TPS based upon
ongoing armed conflict and
extraordinary and temporary conditions
within the country. The Attorney
General extended the designation
finding that the conditions prompting
designation continued to exist (63 FR
59334). In November 1999, the Attorney
General extended and re-designated TPS
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for Burundi by publishing a notice in
the Federal Register at 64 FR 61123.
Since that time, TPS for Burundi has
been extended seven times based upon
a determination that the conditions
warranting the designation continued to
be met. 65 FR 67404 (November 9,
2000); 66 FR 46027 (August 31, 2001);
67 FR 55875 (August 30, 2002); 68 FR
52405 (September 3, 2003); 69 FR 60165
(October 7, 2004); 70 FR 52425
(September 2, 2005); 71 FR 54300
(September 14, 2006). The most recent
extension became effective on
November 3, 2006, and is due to expire
on November 2, 2007.
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in
Burundi. Based upon this review, DHS
has determined that the TPS designation
of Burundi should be terminated
because the armed conflict is no longer
ongoing and because the extraordinary
and temporary conditions that formed
the basis of the designation have
improved to such a degree that they no
longer prevent Burundians (or aliens
having no nationality who last
habitually resided in Burundi) from
returning to their home country in
safety.
A comprehensive cease-fire was
signed in September 2006 with the final
remaining rebel group, the Parti Pour la
Liberation du People Hutu-Forces
Nationales de Liberation (Party for the
Liberation of the Hutu People-National
Liberation Forces) (also known as the
PALIPEHUTU–FNL or the FNL). The
security situation has also improved in
the last year. As of December 2006,
21,769 former combatants of the armed
forces and former rebel groups have
demobilized. Furthermore, since 2002,
319,000 Burundian refugees have
returned to their homes. In addition, the
Government of Burundi requested that
the United Nations Operation in
Burundi (ONUB) terminate at the end of
2006, and the United Nations role has
changed from peacekeeping to
supporting the development process.
Since the last extension of TPS for
Burundi, the country has shown
positive developments in what were
then ongoing peace talks with the FNL.
This year, the Government of Burundi
and the FNL have begun steps to
reintegrate former FNL rebels into
society. The implementation of a
general cease-fire throughout the
country, progress in the efforts of
reconstruction and rebuilding, and
active encouragement of refugees to
repatriate indicate that conditions that
warranted the initial designation of TPS
in 1997 and the re-designation in 1999
no longer continue to be met. There are
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approximately 30 nationals of Burundi
(or aliens having no nationality who last
habitually resided in Burundi) who
have been granted TPS.
Based upon this review, the Secretary
finds, after consultation with the
appropriate Government agencies, that
the armed conflict is no longer ongoing,
that the extraordinary and temporary
conditions that prompted the
designation and re-designation of
Burundi for TPS no longer prevent
Burundians (or aliens having no
nationality who last habitually resided
in Burundi) from returning in safety,
and that the designation of Burundi for
TPS should be terminated. See 8 U.S.C.
1254a(b)(3)(A); 8 U.S.C. 1254(b)(3)(B).
Notice of Termination of the
Designation of Burundi for TPS
By the authority vested in me under
section 244(b)(3) of the Act, and after
consulting with the appropriate
Government agencies, I have
determined that the conditions that
prompted designation of Burundi for
TPS no longer support the TPS
designation. Accordingly, I order as
follows:
(1) The designation of Burundi under
section 244(b)(1)(C) of the Immigration
and Nationality Act is terminated
effective 12:01 a.m., local time, May 2,
2009. 8 U.S.C. 1254a(b)(3)(B), (d)(3).
(2) To maintain TPS and related
benefits until the effective date of the
termination (May 2, 2009), a national of
Burundi (or an alien having no
nationality who last habitually resided
in Burundi) who was granted TPS and
who has not had TPS withdrawn must
re-register during the 60-day reregistration period from October 29,
2007 until December 28, 2007.
(3) To re-register, aliens must follow
the filing procedures set forth in this
Notice.
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).
Dated: October 11, 2007.
Michael Chertoff,
Secretary.
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
are 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.
Temporary Protected Status Filing
Guidelines
If I currently have benefits through the
TPS designation of Burundi and would
like to maintain those benefits until the
effective date of the termination (May 2,
2009), do I need to re-register for TPS?
Yes. If you already have received TPS
benefits through the TPS designation of
Burundi, your benefits will expire at
11:59 p.m. on November 2, 2007. All
TPS beneficiaries must comply with the
re-registration requirements described
in this Notice in order to maintain TPS
benefits through May 1, 2009. TPS
benefits include temporary protection
against removal from the United States
and employment authorization during
If I am currently registered for TPS or
have a pending application for TPS,
how do I re-register to renew my benefits
until the effective date of the
termination (May 2, 2009)?
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 May 1, 2009.
You are re-registering for TPS ...........................
You are NOT applying for renewal of your
EAD.
Your previous TPS application is still pending ...
You are applying to renew your temporary
treatment benefits (i.e., an EAD with category ‘‘c-19’’ on its face).
You must complete and file the Form I–765,
Application for Employment Authorization,
with the fee of $340 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 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.
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Certain applicants must also submit a
Biometric Service Fee (See Table 2).
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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 or a fee waiver request.
You are younger than 14 years of age ..............
1. You are re-registering for TPS, or
2. 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 ..................
found in the bottom right corner of the
form. The proper form can be found on
the Internet at https://www.uscis.gov or
by calling the USCIS forms hotline at 1–
800–870–3676.
What edition of the Form I–821 should
I submit?
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 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 Burundi, P.O. Box 6943, Chicago, IL 60680–6943.
U.S. Citizenship and Immigration Services,
Attn: TPS Burundi, P.O. Box 8677, Chicago, IL 60680–8677.
U.S. Citizenship and Immigration Services,
Attn: TPS Burundi, 427 S. LaSalle—3rd
Floor, Chicago, IL 60605–1029.
U.S. Citizenship and Immigration Services,
Attn: TPS Burundi, [EOIR/Additional Documents], 427 S. LaSalle—3rd Floor, Chicago, IL 60605–1029.
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.
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).
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
If I currently have TPS, can I lose my
TPS benefits?
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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
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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 expired or
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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, and who do
not hold any other lawful immigration
status, 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).
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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 Notice allow nationals of
Burundi (or aliens having no nationality
who last habitually resided in Burundi)
who entered the United States after
November 9, 1999, to file for TPS?
No. This Notice terminating the TPS
designation for Burundi does not change
the required dates of continuous
residence and continuous physical
presence in the United States. This
Notice does not expand TPS eligibility
to those who are not currently registered
for TPS under the designation of
Burundi.
May I register under the late initial
registration provisions at this time?
No. Certain nationals of Burundi (or
aliens having no nationality who last
habitually resided in Burundi) who
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have not previously applied for TPS
cannot establish eligibility for TPS
under the ‘‘late initial registration’’
provisions. Late initial filings are only
permitted during an extension of a TPS
designation, pursuant to 8 CFR
244.2(f)(2), not when the TPS
designation is being terminated. Thus,
Burundians (or aliens having no
nationality who last habitually resided
in Burundi) who have not previously
filed for TPS and been granted, or who
do not already have a pending
application for TPS under the
designation for Burundi, may not file
under late initial filing provisions. Late
initial registration applications
submitted to USCIS under the Burundi
designation will be denied.
How does the termination of TPS affect
nationals of Burundi (or aliens having
no nationality who last habitually
resided in Burundi) who currently
receive TPS benefits?
Once the termination of Burundi’s
TPS designation becomes effective on
May 2, 2009, these TPS beneficiaries
will maintain the same immigration
status they held prior to TPS (unless
that status has expired or been
terminated), if any, 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 effective date of termination of
the TPS designation (May 2, 2009).
After termination, former TPS
beneficiaries will no longer be eligible
for a stay of removal or employment
authorization based on TPS. TPS-related
EADs issued under the Burundi
designation will expire and will not be
renewed or extended.
Termination of the TPS designation
for Burundi does not necessarily affect
pending applications for other forms of
immigration relief or protection. Former
TPS beneficiaries, however, will begin
to accrue unlawful presence as of May
2, 2009, unless they have been granted
another immigration status or protection
or if they have certain applications
pending. An alien is deemed to be
unlawfully present if the alien is present
in the United States after the expiration
of the period of stay authorized or is
present in the United States without
being admitted or paroled. See 8 U.S.C.
1182(a)(9)(B), (C) (aliens unlawfully
present).
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
Employment Authorization Document
Automatic Extension Guidelines
Who is eligible to receive an automatic
extension of his or her EAD from
November 3, 2007 to May 2, 2008?
To receive an automatic extension of
an EAD, an individual must be a
national of Burundi (or an alien having
no nationality who last habitually
resided in Burundi) who has applied for
and received an EAD under the
designation of Burundi for TPS and who
has not had TPS withdrawn or denied.
This automatic extension is limited to
EADs issued on Form I–766,
Employment Authorization Document,
bearing an expiration date of November
2, 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 Burundi 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, USCIS will
reuse previously-captured biometrics,
whenever possible, and conduct the
security checks using those biometrics,
so 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. If you
are required to report to an ASC, you
must bring the following documents: (1)
your receipt notice for your reregistration 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 May
1, 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
May 1, 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.
E:\FR\FM\29OCN1.SGM
29OCN1
Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Notices
How may employers determine whether
an EAD has been automatically
extended for six months through May 2,
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 May 2, 2008, will be a Form I–
766 bearing the notation ‘‘A–12’’ or ‘‘C–
19’’ on the face of the card under
‘‘Category,’’ and have an expiration date
of November 2, 2007, on the face of the
card. New EADs or extension stickers
showing the May 2, 2008, expiration
date of the six-month automatic
extension will not be issued. Employers
should not request proof of Burundian
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. For
questions, employers may call the USCIS
Customer Assistance Office 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.
Employees or applicants may call the OSC
Employee Hotline at 1–800–255–7688 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 May 2, 2008?
Eligible TPS aliens will possess an
EAD with an expiration date of May 1,
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
TPS-based EADs to their employers, as
described above, as proof of identity and
employment authorization through May
2, 2008. To minimize confusion over
this extension at the time of hire or reverification, qualified individuals may
also present a copy of this Federal
Register Notice regarding the automatic
extension of employment authorization
documentation through May 2, 2008.
After May 2, 2008, a qualified
individual may present a new EAD
valid through May 1, 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. E7–21128 Filed 10–26–07; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Information Collection Sent to the
Office of Management and Budget
(OMB) for Approval; OMB Control
Number 1018–0078; Injurious Wildlife;
Importation Certification for Live Fish
and Fish Eggs
AGENCY:
Fish and Wildlife Service,
Interior.
Number of annual
respondents
rfrederick on PROD1PC67 with NOTICES
Activity
ACTION:
61177
Notice; request for comments.
SUMMARY: We (Fish and Wildlife
Service) have sent an Information
Collection Request (ICR) to OMB for
review and approval. The ICR, which is
summarized below, describes the nature
of the collection and the estimated
burden and cost. This information
collection is scheduled to expire on
October 31, 2007. We may not conduct
or sponsor and a person is not required
to respond to a collection of information
unless it displays a currently valid OMB
control number. However, under OMB
regulations, we may continue to
conduct or sponsor this information
collection while it is pending at OMB.
DATES: You must submit comments on
or before November 28, 2007.
ADDRESSES: Send your comments and
suggestions on this ICR to the Desk
Officer for the Department of the
Interior at OMB-OIRA at (202) 395–6566
(fax) or OIRA_DOCKET@OMB.eop.gov
(e-mail). Please provide a copy of your
comments to Hope Grey, Information
Collection Clearance Officer, Fish and
Wildlife Service, MS 222–ARLSQ, 4401
North Fairfax Drive, Arlington, VA
22203 (mail); (703) 358–2269 (fax); or
hope_grey@fws.gov (e-mail).
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this IC, contact Hope Grey by mail, fax,
or e-mail (see ADDRESSES) or by
telephone at (703) 358–2482.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 1018–0078.
Title: Injurious Wildlife; Importation
Certification for Live Fish and Fish
Eggs, 50 CFR 16.13.
Service Form Number(s): 3–2273, 3–
2274, and 3–2275.
Type of Request: Extension without
change.
Affected Public: Aquatic animal
health professionals seeking to be
certified Title 50 inspectors; certified
Title 50 inspectors who have performed
health certifications on live salmonids;
and any entity wishing to import live
salmonids or their reproductive
products into the United States.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Number of annual
responses
Completion time
per response
Annual burden
hours
FWS Form 3–2273 ..................................................................
FWS Form 3–2274 ..................................................................
FWS Form 3–2275 ..................................................................
16
25
25
16
50
50
1 hour ..............
30 minutes .......
15 minutes .......
16
25
13
Totals ................................................................................
66
116
.....................
54
VerDate Aug<31>2005
15:25 Oct 26, 2007
Jkt 214001
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
E:\FR\FM\29OCN1.SGM
29OCN1
]]>Agencies
[Federal Register Volume 72, Number 208 (Monday, October 29, 2007)]
[Notices]
[Pages 61172-61177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21128]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2416-07; DHS Docket No. USCIS-2007-0052]
RIN-1615-ZA54
Termination of the Designation of Burundi for Temporary Protected
Status; Automatic Extension of Employment Authorization Documentation
for Burundi TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Following a review of country conditions and consultations
with the Secretary of State and other appropriate Government agencies,
the Secretary of Homeland Security has determined that the temporary
protected status (TPS) designation for Burundi should be terminated.
This termination will not take effect until May 2, 2009, to provide for
an orderly transition. This Notice informs the public of the
termination of the TPS designation for Burundi and sets forth
procedures for nationals of Burundi (or aliens having no nationality
who last habitually resided in Burundi)
[[Page 61173]]
with TPS to re-register for TPS benefits. Re-registration is limited to
persons who have previously registered for TPS under the designation of
Burundi and whose application has been granted or remains pending.
Burundians (or aliens having no nationality who last habitually resided
in Burundi) who have not previously been granted TPS, or who do not
already have a pending application for TPS under the designation for
Burundi, may not file under Late Initial Filing (LIFs) provisions,
which are only allowed during an extension of a designation of TPS.
Given the timeframes involved with processing TPS re-registration
applications, the Department of Homeland Security (DHS) recognizes the
possibility that re-registrants may not receive a new Employment
Authorization Document (EAD) until after their current EAD expires on
November 2, 2007. Accordingly, this Notice automatically extends the
validity of EADs issued under the TPS designation of Burundi for six
months, through May 2, 2008, and explains how TPS beneficiaries and
their employers may determine which EADs are automatically extended.
New EADs with the May 1, 2009, expiration date will be issued to
eligible TPS beneficiaries who timely re-register and apply for an EAD.
DATES: The termination of the TPS designation for Burundi is effective
12:01 a.m., local time, May 2, 2009. To maintain TPS benefits for the
18 months leading up to the effective date of the termination, Burundi
TPS beneficiaries must comply with the re-registration requirements
described in this Notice. The 60-day re-registration period begins
October 29, 2007, and will remain in effect until December 28, 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 check 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
terminate the designation of Burundi 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. Such termination may
not take effect earlier than 60 days after the date of Notice of
termination is published in the Federal Register. 8 U.S.C.
1254a(b)(3)(B). The Secretary may determine the appropriate effective
date of the termination for the purpose of providing an orderly
transition. 8 U.S.C. 1254a(b)(3)(B); 8 U.S.C. 1254a(d)(3).
Why did the Secretary decide to terminate the TPS designation of
Burundi?
On November 4, 1997, the Attorney General published a Notice in the
Federal Register, at 62 FR 59735, designating Burundi for TPS based
upon ongoing armed conflict and extraordinary and temporary conditions
within the country. The Attorney General extended the designation
finding that the conditions prompting designation continued to exist
(63 FR 59334). In November 1999, the Attorney General extended and re-
designated TPS for Burundi by publishing a notice in the Federal
Register at 64 FR 61123. Since that time, TPS for Burundi has been
extended seven times based upon a determination that the conditions
warranting the designation continued to be met. 65 FR 67404 (November
9, 2000); 66 FR 46027 (August 31, 2001); 67 FR 55875 (August 30, 2002);
68 FR 52405 (September 3, 2003); 69 FR 60165 (October 7, 2004); 70 FR
52425 (September 2, 2005); 71 FR 54300 (September 14, 2006). The most
recent extension became effective on November 3, 2006, and is due to
expire on November 2, 2007.
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Burundi. Based upon this review, DHS
has determined that the TPS designation of Burundi should be terminated
because the armed conflict is no longer ongoing and because the
extraordinary and temporary conditions that formed the basis of the
designation have improved to such a degree that they no longer prevent
Burundians (or aliens having no nationality who last habitually resided
in Burundi) from returning to their home country in safety.
A comprehensive cease-fire was signed in September 2006 with the
final remaining rebel group, the Parti Pour la Liberation du People
Hutu-Forces Nationales de Liberation (Party for the Liberation of the
Hutu People-National Liberation Forces) (also known as the PALIPEHUTU-
FNL or the FNL). The security situation has also improved in the last
year. As of December 2006, 21,769 former combatants of the armed forces
and former rebel groups have demobilized. Furthermore, since 2002,
319,000 Burundian refugees have returned to their homes. In addition,
the Government of Burundi requested that the United Nations Operation
in Burundi (ONUB) terminate at the end of 2006, and the United Nations
role has changed from peacekeeping to supporting the development
process. Since the last extension of TPS for Burundi, the country has
shown positive developments in what were then ongoing peace talks with
the FNL. This year, the Government of Burundi and the FNL have begun
steps to reintegrate former FNL rebels into society. The implementation
of a general cease-fire throughout the country, progress in the efforts
of reconstruction and rebuilding, and active encouragement of refugees
to repatriate indicate that conditions that warranted the initial
designation of TPS in 1997 and the re-designation in 1999 no longer
continue to be met. There are
[[Page 61174]]
approximately 30 nationals of Burundi (or aliens having no nationality
who last habitually resided in Burundi) who have been granted TPS.
Based upon this review, the Secretary finds, after consultation
with the appropriate Government agencies, that the armed conflict is no
longer ongoing, that the extraordinary and temporary conditions that
prompted the designation and re-designation of Burundi for TPS no
longer prevent Burundians (or aliens having no nationality who last
habitually resided in Burundi) from returning in safety, and that the
designation of Burundi for TPS should be terminated. See 8 U.S.C.
1254a(b)(3)(A); 8 U.S.C. 1254(b)(3)(B).
Notice of Termination of the Designation of Burundi for TPS
By the authority vested in me under section 244(b)(3) of the Act,
and after consulting with the appropriate Government agencies, I have
determined that the conditions that prompted designation of Burundi for
TPS no longer support the TPS designation. Accordingly, I order as
follows:
(1) The designation of Burundi under section 244(b)(1)(C) of the
Immigration and Nationality Act is terminated effective 12:01 a.m.,
local time, May 2, 2009. 8 U.S.C. 1254a(b)(3)(B), (d)(3).
(2) To maintain TPS and related benefits until the effective date
of the termination (May 2, 2009), a national of Burundi (or an alien
having no nationality who last habitually resided in Burundi) who was
granted TPS and who has not had TPS withdrawn must re-register during
the 60-day re-registration period from October 29, 2007 until December
28, 2007.
(3) To re-register, aliens must follow the filing procedures set
forth in this Notice.
Dated: October 11, 2007.
Michael Chertoff,
Secretary.
Temporary Protected Status Filing Guidelines
If I currently have benefits through the TPS designation of Burundi and
would like to maintain those benefits until the effective date of the
termination (May 2, 2009), do I need to re-register for TPS?
Yes. If you already have received TPS benefits through the TPS
designation of Burundi, your benefits will expire at 11:59 p.m. on
November 2, 2007. All TPS beneficiaries must comply with the re-
registration requirements described in this Notice in order to maintain
TPS benefits through May 1, 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 until the effective date
of the termination (May 2, 2009)?
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 are 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 May 1, 2009. 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.
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.
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).
[[Page 61175]]
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 or a fee
2. Your TPS waiver request.
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 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. Burundi, P.O. Box Burundi, 427 S.
6943, Chicago, IL LaSalle--3rd Floor,
60680-6943. Chicago, IL 60605-
1029.
You were granted TPS by an U.S. Citizenship and U.S. Citizenship and
Immigration Judge or the Immigration Immigration
Board of Immigration Services, Attn: TPS Services, Attn: TPS
Appeals. Burundi, P.O. Box Burundi, [EOIR/
8677, Chicago, IL Additional
60680-8677. Documents], 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.
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 expired or
[[Page 61176]]
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, and who do not hold any other lawful immigration
status, 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 Notice allow nationals of Burundi (or aliens having no
nationality who last habitually resided in Burundi) who entered the
United States after November 9, 1999, to file for TPS?
No. This Notice terminating the TPS designation for Burundi does
not change the required dates of continuous residence and continuous
physical presence in the United States. This Notice does not expand TPS
eligibility to those who are not currently registered for TPS under the
designation of Burundi.
May I register under the late initial registration provisions at this
time?
No. Certain nationals of Burundi (or aliens having no nationality
who last habitually resided in Burundi) who have not previously applied
for TPS cannot establish eligibility for TPS under the ``late initial
registration'' provisions. Late initial filings are only permitted
during an extension of a TPS designation, pursuant to 8 CFR
244.2(f)(2), not when the TPS designation is being terminated. Thus,
Burundians (or aliens having no nationality who last habitually resided
in Burundi) who have not previously filed for TPS and been granted, or
who do not already have a pending application for TPS under the
designation for Burundi, may not file under late initial filing
provisions. Late initial registration applications submitted to USCIS
under the Burundi designation will be denied.
How does the termination of TPS affect nationals of Burundi (or aliens
having no nationality who last habitually resided in Burundi) who
currently receive TPS benefits?
Once the termination of Burundi's TPS designation becomes effective
on May 2, 2009, these TPS beneficiaries will maintain the same
immigration status they held prior to TPS (unless that status has
expired or been terminated), if any, 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 effective date of termination of the TPS
designation (May 2, 2009).
After termination, former TPS beneficiaries will no longer be
eligible for a stay of removal or employment authorization based on
TPS. TPS-related EADs issued under the Burundi designation will expire
and will not be renewed or extended.
Termination of the TPS designation for Burundi does not necessarily
affect pending applications for other forms of immigration relief or
protection. Former TPS beneficiaries, however, will begin to accrue
unlawful presence as of May 2, 2009, unless they have been granted
another immigration status or protection or if they have certain
applications pending. An alien is deemed to be unlawfully present if
the alien is present in the United States after the expiration of the
period of stay authorized or is present in the United States without
being admitted or paroled. See 8 U.S.C. 1182(a)(9)(B), (C) (aliens
unlawfully present).
Employment Authorization Document Automatic Extension Guidelines
Who is eligible to receive an automatic extension of his or her EAD
from November 3, 2007 to May 2, 2008?
To receive an automatic extension of an EAD, an individual must be
a national of Burundi (or an alien having no nationality who last
habitually resided in Burundi) who has applied for and received an EAD
under the designation of Burundi for TPS and who has not had TPS
withdrawn or denied. This automatic extension is limited to EADs issued
on Form I-766, Employment Authorization Document, bearing an expiration
date of November 2, 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 Burundi 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, USCIS will reuse
previously-captured biometrics, whenever possible, and conduct the
security checks using those biometrics, so 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. 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 May 1, 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 May 1, 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.
[[Page 61177]]
How may employers determine whether an EAD has been automatically
extended for six months through May 2, 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 May 2, 2008, will be a Form I-766 bearing the notation
``A-12'' or ``C-19'' on the face of the card under ``Category,'' and
have an expiration date of November 2, 2007, on the face of the card.
New EADs or extension stickers showing the May 2, 2008, expiration date
of the six-month automatic extension will not be issued. Employers
should not request proof of Burundian 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. For questions, employers may
call the USCIS Customer Assistance Office 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. Employees or
applicants may call the OSC Employee Hotline at 1-800-255-7688 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 May 2, 2008?
Eligible TPS aliens will possess an EAD with an expiration date of
May 1, 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 TPS-based
EADs to their employers, as described above, as proof of identity and
employment authorization through May 2, 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 May 2, 2008. After May 2, 2008, a qualified
individual may present a new EAD valid through May 1, 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. E7-21128 Filed 10-26-07; 8:45 am]
BILLING CODE 4410-10-P
