Extension of the Designation of Somalia for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Somali Temporary Protected Status Beneficiaries, 13245-13249 [E8-4898]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Citizenship and Immigration Services

[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Notices]
[Pages 13245-13249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4898]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2436-07; DHS Docket No. USCIS-2007-0062]
RIN 1615-ZA64


Extension of the Designation of Somalia for Temporary Protected 
Status; Automatic Extension of Employment Authorization Documentation 
for Somali Temporary Protected Status Beneficiaries

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security (DHS).

ACTION: Notice.

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SUMMARY: This Notice announces that the designation of Somalia for 
temporary protected status (TPS) has been extended for 18 months 
through September 17, 2009, from its current expiration date of March 
17, 2008. This Notice also sets forth procedures necessary for 
nationals of Somalia (or aliens having no nationality who last 
habitually resided in Somalia) with TPS to re-register and to apply for 
an extension of their employment authorization documents (EADs) for the 
additional 18-month period. Re-registration is limited to persons who 
have previously registered for TPS under the designation of Somalia and 
whose applications have been granted or remain pending. Certain 
nationals of Somalia (or aliens having no nationality who last 
habitually resided in Somalia) who have not previously applied for TPS 
may be eligible to apply under the late initial registration 
provisions.
    Given the timeframes involved with processing TPS re-registration 
applications, the Department of Homeland Security (DHS) recognizes the 
possibility that re-registrants may not receive a new EAD until after 
their current EAD expires on March 17, 2008. Accordingly, this Notice 
automatically extends the validity of EADs issued under the TPS 
designation of Somalia for 6 months, through September 17, 2008 and 
explains how TPS beneficiaries and their employers may determine which 
EADs are automatically extended. DHS will issue new EADs with the 
September 17, 2009 expiration date to eligible TPS beneficiaries who 
timely re-register and apply for an EAD.

DATES: The extension of the TPS designation of Somalia is effective 
March 18, 2008 and will remain in effect through September 17, 2009. 
The 60-day re-registration period begins March 12, 2008 and will remain 
in effect until May 12, 2008. 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 March 12, 
2008.

FOR FURTHER INFORMATION CONTACT: Shelly Sweeney, 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 Extend 
the Designation of Somalia 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

[[Page 13246]]

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 of the TPS designation. 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 Somalia?

    On September 16, 1991, the Attorney General published a notice in 
the Federal Register, at 56 FR 46804, designating Somalia for TPS due 
to on-going armed conflict and extraordinary and temporary conditions 
within the country. Subsequent to that date, the Attorney General 
extended TPS for Somalia nine times, determining in each instance that 
the conditions warranting the designation continued to be met. 57 FR 
32232 (July 21, 1992); 58 FR 48898 (Sept. 20, 1993); 59 FR 43359 (Aug. 
23, 1994); 60 FR 39005 (July 31, 1995); 61 FR 39472 (July 29, 1996); 62 
FR 41421 (Aug. 1, 1997); 63 FR 51602 (Sept. 28, 1998); 64 FR 49511 
(Sept. 13, 1999); 65 FR 69789 (Nov. 20, 2000).
    On September 4, 2001, the Attorney General re-designated TPS for 
Somalia by publishing a notice in the Federal Register at 66 FR 46288. 
Since that date, the Attorney General and the Secretary of Homeland 
Security have extended the TPS designation of Somalia five times based 
on determinations that the conditions warranting the designation 
continued to be met. 67 FR 48950 (July 26, 2002); 68 FR 43147 (July 21, 
2003); 69 FR 47937 (Aug. 6, 2004); 70 FR 43895 (July 29, 2005); 71 FR 
42653 (July 27, 2006). The most recent extension became effective on 
September 17, 2006, and is due to expire on March 17, 2008. See 71 FR 
42658.
    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in Somalia. Based on this review, DHS 
has determined that an 18-month extension is warranted, because the 
armed conflict is ongoing, and the extraordinary and temporary 
conditions that prompted the September 2001 re-designation persist.
    The situation in Somalia has continued to deteriorate since the 
last extension of TPS. It has been estimated that there are 3,000 
combatants fighting against the Transitional Federal Government (TFG) 
in Mogadishu and 50,000 to 70,000 clan militia operating in Somalia. 
Between February and April 2007, approximately 1,000 individuals were 
killed, and 400,000 individuals were displaced by fighting. Over 60% of 
those killed were elderly, women, and children.
    In April 2007, clashes erupted between Puntland and Somaliland, 
which had been previously considered relatively stable regions in 
Somalia. Furthermore, two events in May 2007 put humanitarian workers' 
safety into question: First, a non-governmental organization (NGO) 
convoy was attacked in Buloburti, and second, two CARE International 
staff members returning from Puntland were kidnapped. These two 
incidents provide additional evidence of the instability of conditions 
in Somalia at this time.
    Between June and August 2007, an additional 50,000 individuals were 
displaced from Mogadishu. There has been an increase in the use of 
roadside bombs, vehicle-borne explosives, and suicide bombing by 
insurgent forces. Although a six-week national reconciliation 
conference was held in July and August 2007, the Union of Islamic 
Courts and leaders of the Hawiye clan (which is the dominant clan in 
Mogadishu) did not participate. As such, the conflict in Somalia is 
unlikely to end in the near future.
    Based upon this review, the Secretary has determined, after 
consultation with the appropriate Government agencies, that the 
conditions that prompted the designation of Somalia for TPS continue to 
be met. See 8 U.S.C. 1254a(b)(3)(A). There is an ongoing armed conflict 
and extraordinary and temporary conditions in Somalia that prevent 
aliens who are nationals of Somalia (or aliens having no nationality 
who last habitually resided in Somalia) from returning in safety. The 
Secretary also finds that 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 and 
determinations, the Secretary concludes that the designation of Somalia 
for TPS should be extended for an additional 18-month period. See 8 
U.S.C. 1254a(b)(3)(C). There are approximately 300 nationals of Somalia 
(or aliens having no nationality who last habitually resided in 
Somalia) who are eligible for TPS under this designation.

Notice of Extension of the TPS Designation of Somalia

    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 re-designation of Somalia for temporary 
protected status (TPS) on September 4, 2001, continue to be met. See 8 
U.S.C. 1254a(b)(3)(A). Accordingly, I am extending the TPS designation 
of Somalia for 18 months from March 18, 2008 through September 17, 
2009.
    To maintain TPS, a national of Somalia (or an alien having no 
nationality who last habitually resided in Somalia) who was granted TPS 
and who has not had TPS withdrawn must re-register for TPS during the 
60-day re-registration period from March 12, 2008 until May 12, 2008. 
To re-register, aliens must follow the filing procedures set forth in 
this Notice. For instructions on this extension, please refer to the 
following attachments, which include filing and eligibility 
requirements for TPS and EADs. Information concerning the extension of 
the designation of Somalia for TPS also will be available at local 
USCIS offices upon publication of this Notice and on the USCIS Web site 
at https://www.uscis.gov.

    Dated: February 25, 2008.
Michael Chertoff,
Secretary.

Temporary Protected Status Filing Requirements

Do I Need To Re-Register for TPS If I Currently Have Benefits Through 
the Designation of Somalia for TPS, and Would Like To Maintain Them?

    Yes. If you already have received TPS benefits through the TPS 
designation of Somalia, your benefits will expire on March 17, 2008. 
All TPS beneficiaries must comply with the re-registration requirements 
described in this Notice in order to maintain TPS benefits through 
September 17, 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).

[[Page 13247]]

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 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
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             If                        And                  Then
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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 September     for Employment
                               17, 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.
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.
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    Certain applicants must also submit a Biometric Service Fee (See 
Table 2).

                     Table 2.--Biometric Service Fee
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             If                        And                  Then
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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
                                                     waiver request.
 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 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?

    Mail your application for TPS to the following address:

U.S. Citizenship and Immigration Services,
Attn: TPS Somalia,
P.O. Box 8677,
Chicago, IL 60680-8677.

    Or, for non-U.S. Postal Service deliveries, mail your application 
to:


[[Page 13248]]


U.S. Citizenship and Immigration Services,
Attn: TPS Somalia,
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?
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                   If                                  Then
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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 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.
------------------------------------------------------------------------

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 Somalia (or an alien who has no nationality 
and who last habitually resided in Somalia);
    (2) Have continuously resided in the United States since September 
4, 2001;
    (3) Have been continuously physically present in the United States 
since September 4, 2001; and
    (4) Be both admissible as an immigrant, except as provided under 
section 244(c)(2)(A) of the 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 September 4, 2001 to 
December 3, 2001), 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 Somalia, 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, 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 
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 to be 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 Somalia (Or Aliens Having no 
Nationality Who Last Habitually Resided in Somalia) Who Entered the 
United States After September 4, 2001, To File for TPS?

    No. 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

[[Page 13249]]

expand TPS eligibility to those that are not eligible currently. To be 
eligible for benefits under this extension, nationals of Somalia (or 
aliens having no nationality who last habitually resided in Somalia) 
must have continuously resided and have been continuously physically 
present in the United States since September 4, 2001.

Employment Authorization Document Automatic Extension Guidelines

Who is Eligible To Receive an Automatic Extension of His or Her EAD 
From March 17, 2008 to September 17, 2008?

    To receive an automatic extension of an EAD, an individual must be 
a national of Somalia (or an alien having no nationality who last 
habitually resided in Somalia) who has applied for and received an EAD 
under the designation of Somalia 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 March 17, 2008. 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 Somalia 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 or submit a fee waiver request 
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. In addition, the fee helps pay for the costs of 
electronic storage of an applicants' biometrics, maintenance of the 
systems and technology for storing and utilizing the fingerprints, and 
for paying costs associated with requesting the FBI's reports to USCIS, 
among other biometrics-related procedures. USCIS fees fund the cost of 
processing applications and petitions for immigration benefits and 
services, and USCIS' associated operating costs. See section 286(m) of 
the Act, 8 U.S.C. 1356(m) (allowing for full recovery of costs of 
providing adjudication and naturalization services); 8 CFR 103.7.
    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 September 17, 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 September 17, 
2009.

May I Request an Interim EAD at my Local District Office?

    No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at District Offices.

How may Employers Determine Whether an EAD Has Been Automatically 
Extended for Six Months Through September 17, 2008 and Is Therefore 
Acceptable for Completion of the Form I-9, Employment Eligibility 
Verification?

    An EAD that has been automatically extended for six months by this 
Notice through September 17, 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 March 17, 2008, on the 
face of the card. New EADs or extension stickers showing the September 
17, 2008, expiration date of the six-month automatic extension will not 
be issued. Employers should not request proof of Somali citizenship.
    Employers should accept an EAD as a valid ``List A'' document and 
not ask for additional Form I-9 documentation if presented with an EAD 
that has been extended pursuant to this Federal Register Notice, and 
the EAD reasonably appears on its face to be genuine and to relate to 
the employee. This extension 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 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 September 17, 2008?

    Eligible TPS aliens will possess an EAD with an expiration date of 
September 17, 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?

    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 September 17, 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 September 17, 2008. After September 17, 2008, a 
qualified individual may present a new EAD valid through September 17, 
2009.
    In the alternative, any legally acceptable document or combination 
of documents as listed on the Form I-9 may be presented as proof of 
identity and employment eligibility.

[FR Doc. E8-4898 Filed 3-11-08; 8:45 am]
BILLING CODE 4410-10-P