Extension of the Designation of El Salvador for Temporary Protected Status, 57128-57133 [E8-22979]

Download as PDF 57128 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 36504, to clarify the factors that will be considered in making the determination as to whether advisory councils, or groups, should be certified in accordance with the Act. The Assistant Commandant for Marine Safety and Environmental Protection (G-M), redelegated recertification authority for advisory councils, or groups, to the Commander, Seventeenth Coast Guard District on February 26, 1999 (letter #16450). On September 16, 2002, the Coast Guard published a policy statement, 67 FR 58440, which changed the recertification procedures such that applicants are required to provide the Coast Guard with comprehensive information every three years (triennially). For each of the two years between the triennial application procedure, applicants submit a letter requesting recertification that includes a description of any substantive changes to the information provided at the previous triennial recertification. Further, public comment is not solicited prior to recertification during streamlined years, only during the triennial comprehensive review. Discussion of Comments On August 7, 2008, the Coast Guard published a ‘‘Notice of availability; request for comments’’ for recertification of Cook Inlet Regional Citizens’ Advisory Council in the Federal Register (73 FR 46027). We received six letters commenting on the proposed action. No public meeting was requested, and none was held. Of the seven comments received, all were positive. Comments in support of the recertification consistently cited CIRCAC’s broad representation of the respective communities’ interests, appropriate actions to keep the public informed, improvements to both spill response preparation and spill prevention, and oil spill industry monitoring efforts that combat complacency—as intended by the Act. Recertification jlentini on PROD1PC65 with NOTICES By letter dated September 12, 2008, the Commander, Seventeenth Coast Guard certified that the CIRCAC qualifies as an alternative voluntary advisory group under 33 U.S.C. 2732(o). This recertification terminates on August 31, 2009. Dated: September 15, 2008. Arthur E. Brooks, Rear Admiral, U.S. Coast Guard Commander, Seventeenth Coast Guard District. [FR Doc. E8–23033 Filed 9–30–08; 8:45 am] BILLING CODE 4910–15–P VerDate Aug<31>2005 18:22 Sep 30, 2008 Jkt 214001 DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2456–08; DHS Docket No. USCIS– 2008–0034] RIN 1615–ZA73 Extension of the Designation of El Salvador for Temporary Protected Status U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. AGENCY: SUMMARY: This Notice announces that the Secretary of Homeland Security has extended the designation of El Salvador for temporary protected status (TPS) for 18 months, from its current expiration date of March 9, 2009 through September 9, 2010. This Notice also sets forth procedures necessary for nationals of El Salvador (or aliens having no nationality who last habitually resided in El Salvador) with TPS to re-register with U.S. Citizenship and Immigration Services (USCIS). Unlike the prior extension of TPS for El Salvador, this Notice does not automatically extend previously-issued employment authorization documents (EADs). Eligible TPS beneficiaries must apply to USCIS for extensions of their EADs, and pay the required application fee for such extensions, during the 90-day registration period. Re-registration is limited to persons who have previously registered with USCIS for TPS under the designation of El Salvador and whose applications have been granted by or remain pending with USCIS. Certain nationals of El Salvador (or aliens having no nationality who last habitually resided in El Salvador) who have not previously applied to USCIS for TPS may be eligible to apply under the late initial registration provisions. DATES: The extension of the TPS designation of El Salvador is effective March 10, 2009, and will remain in effect through September 9, 2010. The 90-day re-registration period begins October 1, 2008, and will remain in effect until December 30, 2008. To facilitate processing of applications, applicants are strongly encouraged to file as soon as possible after the start of the 90-day re-registration period beginning on October 1, 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 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 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 http://www.uscis.gov. Note: The phone number provided here is solely for questions regarding this TPS Notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases 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. HSA—Homeland Security Act of 2002. OSC—U.S. Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices. EAD—Employment Authorization Document. Secretary—Secretary of Homeland Security. TPS—Temporary Protected Status. USCIS—U.S. Citizenship and Immigration Services. What Is Temporary Protected Status? TPS is an immigration status DHS grants to eligible nationals of designated countries or part of a designated country. During the period for which the Secretary of Homeland Security (Secretary) has designated a country for TPS, TPS beneficiaries are eligible to remain in the United States and may obtain work authorization. The granting of TPS does not lead to permanent resident status. When the Secretary terminates a country’s TPS designation, beneficiaries return to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have been obtained while registered for TPS. What authority does the Secretary of Homeland Security have to extend the designation of El Salvador for TPS? Section 244(b)(1) of the Immigration and Nationality Act (Act), 8 U.S.C. 1254a(b)(1), authorizes the Secretary, after consultation with appropriate agencies of the government, to designate a foreign State (or part thereof) for TPS.1 1 As of March 1, 2003, in accordance with section 1517 of Title XV of the Homeland Security Act of 2002 (HSA), Public Law No. 107–296, 116 Stat. 2135, any reference to the Attorney General in a provision of the Immigration and Nationality Act describing functions which were transferred from the Attorney General or other Department of Justice E:\FR\FM\01OCN1.SGM 01OCN1 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 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). Section 244(a)(1)(A) of the Act; 8 U.S.C. 1254a(a)(1)(A). At least 60 days before the expiration of a TPS designation, 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, must determine the length of an extension of the TPS designation. Sections 244(b)(3)(A) and (C) of the Act, 8 U.S.C. 1254a(b)(3)(A) and (C). If the Secretary determines that the foreign State no longer meets the conditions for the TPS designation, he must terminate the designation. Section 244(b)(3)(B) of the Act, 8 U.S.C. 1254a (b)(3)(B). The Secretary’s determination to designate a country for TPS, or to extend or terminate such designation, is not subject to judicial review. Section 244(b)(5) of the Act, 8 U.S.C. 1254a(b)(5)(A). Why was El Salvador initially designated for TPS? On March 9, 2001, the Attorney General published a Notice in the Federal Register, at 66 FR 14214, designating El Salvador for TPS due to the devastation caused by a series of severe earthquakes that occurred on January 13, and February 13 and 17, 2001. jlentini on PROD1PC65 with NOTICES When was the TPS designation for El Salvador extended? The Attorney General and the Secretary of Homeland Security have extended the designation for El Salvador five times on the basis that the conditions warranting the March 9, 2001, designation continued to be met. See 67 FR 46000 (July 11, 2002); 68 FR 42071 (July 16, 2003); 70 FR 1450 (January 7, 2005); 71 FR 34637 (June 15, 2006); and 72 FR 46649 (August 21, 2007). Why is the Secretary extending the TPS designation for El Salvador through September 9, 2010? Over the past year, DHS and the Department of State have continued to review conditions in El Salvador. Based on this review, DHS has determined that an 18-month extension is warranted because there continues to be a substantial, but temporary, disruption of official to the Department of Homeland Security by the HSA ‘‘shall be deemed to refer to the Secretary’’ of Homeland Security. See 6 U.S.C. 557 (2003) (codifying HSA, Title XV, § 1517). VerDate Aug<31>2005 18:22 Sep 30, 2008 Jkt 214001 living conditions in El Salvador resulting from the series of earthquakes that struck the country in 2001, and because El Salvador remains unable, temporarily, to adequately handle the return of its nationals, as required for TPS designations based on significant earthquake damage. Section 244(b)(1)(B) of the Act; 8 U.S.C. 1254a(b)(1)(B). El Salvador has still not completed reconstruction of the infrastructure damaged by several severe 2001 earthquakes. Transportation, housing, education, and health sectors are still suffering from the 2001 earthquakes, the lingering effects of which limit El Salvador’s ability to absorb a large number of potential returnees. The Salvadoran government assessed that 276,594 houses were affected by the earthquakes. As of February 2007, 136,988 houses had been reconstructed or repaired, approximately 50 percent of the total number destroyed or damaged. A housing program funded by the European Union was completed in March 2007, with a total of 5,482 houses constructed. As of June 2008, a housing program funded by the Inter-American Development Bank (3,500 houses) was underway with completion anticipated by the middle of 2009. In June 2003, the Salvadoran legislature approved borrowing $142.6 million for the reconstruction of seven hospitals. As of June 2008, reconstruction of one of seven main hospitals was completed. Reconstruction of three others was underway with completion anticipated by the end of 2008. Based upon this review, the Secretary has determined, after consultation with the appropriate government agencies, that the conditions that prompted the designation of El Salvador for TPS continue to be met. See section 244(b)(3)(A) of the Act; 8 U.S.C. 1254a(b)(3)(A). There continues to be a substantial, but temporary, disruption in living conditions in El Salvador as the result of the series of earthquakes that struck the country in 2001, and El Salvador continues to be unable, temporarily, to handle adequately the return of its nationals. See section 244(b)(1)(B) of the Act. On the basis of these findings and determinations, the Secretary concludes that the designation of El Salvador for TPS should be extended for an additional 18-month period. See section 244(b)(3)(C) of the Act, 8 U.S.C. 1254a(b)(3)(C). There are approximately 229,000 nationals of El Salvador (or aliens having no nationality who last habitually resided in El Salvador) who are eligible for TPS under this designation. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 57129 What Actions Should Qualifying Aliens Take Pursuant to This Notice? To maintain TPS, a national of El Salvador (or an alien having no nationality who last habitually resided in El Salvador) who was granted TPS and who has not had TPS withdrawn must re-register for TPS during the 90day re-registration period from October 1, 2008 until December 30, 2008. To reregister, aliens must follow the filing procedures set forth in this Notice. An addendum to this Notice provides instructions on this extension, including filing and eligibility requirements for TPS and EADs. Information concerning the extension of the designation of El Salvador for TPS also will be available at local USCIS offices upon publication of this Notice and on the USCIS Web site at http://www.uscis.gov. Notice of Extension of the TPS Designation of El Salvador By the authority vested in me as Secretary of Homeland Security under section 244 of the Act, 8 U.S.C. 1254a, I have determined, after consultation with the appropriate government agencies, that the conditions that prompted the designation of El Salvador for temporary protected status (TPS) on March 9, 2001, continue to be met. See section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). Accordingly, I am extending the TPS designation of El Salvador for 18 months from March 10, 2009, through September 9, 2010. Dated: August 29, 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 El Salvador for TPS, and would like to maintain them? Yes. If you already have received TPS benefits through the TPS designation of El Salvador, your benefits will expire on March 9, 2009. All TPS beneficiaries must comply with the re-registration requirements, and submit any associated application fees or applications for waivers of the fees, described in this Notice in order to maintain TPS benefits through September 9, 2010. TPS benefits include temporary protection against removal from the United States and employment authorization during the TPS designation period. Section 244(a)(1) of the Act; 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 E:\FR\FM\01OCN1.SGM 01OCN1 57130 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices your removal from the United States. Section 244(c)(3)(C) of the Act; 8 U.S.C. 1254a(c)(3)(C). If I am currently registered for TPS or have a pending application for TPS, how do I re-register to renew my benefits for the duration of the extension period? Please submit the proper forms and fees according to Tables 1 and 2 below. The following are some helpful tips to keep in mind when completing your application: • 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. • All questions on the required forms should be fully and completely answered. Failure to fully complete each required form may result in a delay in processing of your application. • Aliens who have previously registered for TPS, but whose applications remain pending, should follow the filing instructions in this Notice if they wish to renew their TPS benefits. • All TPS re-registration applications submitted without the required fees will be returned to applicants. • All fee waiver requests should be filed in accordance with 8 CFR 244.20. • If you received an EAD during the most recent registration period, please submit a photocopy of the front and back of your EAD. TABLE 1—APPLICATION FORMS AND APPLICATION FEES If And Then You are re-registering for TPS .......................... You are applying for an extension of your EAD valid through September 9, 2010. You are re-registering for TPS .......................... You are NOT applying for renewal of your EAD. You are applying for TPS as a late initial registrant (see below) and you are between the ages of 14 and 65 (inclusive). You are applying for a TPS-related EAD ........ You are applying for TPS as a late initial registrant and are under age 14 or over age 65. You are applying for a TPS-related EAD ........ You are applying for TPS as a late initial registrant, regardless of age. You are NOT applying for an EAD .................. Your previous TPS application is still pending .. You are applying to renew your temporary treatment benefits (i.e., an EAD with category ‘‘C–19’’ on its face). You must complete and file the Form I–765, Application for Employment Authorization, with the 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 Form I–821 with the $50 fee or fee waiver request and Form I–765 with the fee of $340 or a fee waiver request. You must complete and file Form I–821 with the $50 fee or fee waiver request. You must also submit Form I–765 with no fee. You must complete and file Form I–821 with the $50 fee or fee waiver request and Form I–765 with no fee. You must complete and file the Form I–765 with the fee of $340 or a fee waiver request. You must also submit Form I–821, with no fee. Certain applicants must also submit a Biometric Service Fee (See Table 2). TABLE 2—BIOMETRIC SERVICE FEE If And Then You are 14 years of age or older ...................... 1. You are re-registering for TPS, or ............... You must submit a Biometric Service fee of $80 or a fee waiver request. You are younger than 14 years of age ............. 2. You are applying for TPS under the late initial registration provisions, or. 3. Your TPS application is still pending and you are applying to renew temporary treatment benefits (i.e., EAD with category ‘‘C– 19’’ on its face). 1. You are applying for an EAD, or ................. You do NOT need to submit a Biometric Service fee. jlentini on PROD1PC65 with NOTICES 2. You are NOT applying for an EAD. What editions of Form I–821 and Form I–765 should I submit? Only versions of Form I–821 dated October 17, 2007 (Rev. 10/17/07), or VerDate Aug<31>2005 18:22 Sep 30, 2008 Jkt 214001 later, will be accepted. Only versions of Form I–765 dated May 27, 2008 (Rev. 5/ 27/08), or later, will be accepted. The revision date can be found in the bottom PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 right corner of the form. The proper forms can be found on the Internet at http://www.uscis.gov or by calling the E:\FR\FM\01OCN1.SGM 01OCN1 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices USCIS forms hotline at 1–800–870– 3676. 57131 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 courier deliveries, mail to You are applying for re-registration or applying to renew your temporary treatment benefits. U.S. Citizenship and Immigration Services, Attn: TPS El Salvador, P.O. Box 8635, Chicago, IL 60680–8635. U.S. Citizenship and Immigration Services, Attn: TPS El Salvador, P.O. Box 8670, Chicago, IL 60680–8670. U.S. Citizenship and Immigration Services, Attn: TPS El Salvador, 131 S. Dearborn— 3rd Floor, Chicago, IL 60603–5517. U.S. Citizenship and Immigration Services, Attn: TPS El Salvador [Additional Documents], 131 S. Dearborn—3rd Floor, Chicago, IL 60603–5517. Please note that the email address provided above is solely for reregistration applicants who were granted TPS by Immigration Judges and by the Board of Immigration Appeals to use to notify USCIS of their grants of TPS. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online available at the USCIS Web site, or applicants may call the USCIS National Customer Service Center. Can I file my application electronically? You are applying for the first time as a late initial registrant. If you were granted TPS by an Immigration Judge or the Board of Immigration Appeals you must submit evidence of the grant of TPS (such as an order from the Immigration Judge) with your application. In addition, when you receive your receipt notice (Form I–797) you will need to send an e-mail to Tpsijgrant.vsc@dhs.gov that includes the following information: • Your name; • Your date of birth; • The receipt number for your reregistration; • Your A-number; and • The date you were granted TPS. If you are filing for re-registration and do not need to submit supporting documentation (see Table 4) with your application, you may file your application electronically. To file your application electronically, follow directions on the USCIS Web site at: http://www.uscis.gov. 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? Then One or more of the questions listed in Part 4, Question 2 of Form I–821 applies to you. You were granted TPS by an Immigration Judge or the Board of Immigration Appeals. jlentini on PROD1PC65 with NOTICES If You must submit an explanation, on a separate sheet(s) of paper, and/or additional documentation must be provided. You must include evidence of the grant of TPS (such as an order from the Immigration Judge) with your application package. How do I know if I am eligible for late initial registration? You may be eligible for late initial registration under 8 CFR 244.2. In order to be eligible for late initial registration, you must: (1) Be a national of El Salvador (or an alien who has no nationality and who last habitually resided in El Salvador); (2) Have continuously resided in the United States since February 13, 2001; (3) Have been continuously physically present in the United States since March 9, 2001; and (4) Be both admissible as an immigrant, except as provided under section 244(c)(2)(A) of the Act, and not ineligible under section 244(c)(2)(B) of the Act. Additionally, you must be able to demonstrate that during the registration period for the initial designation of TPS (March 9, 2001 to September 9, 2002), you: VerDate Aug<31>2005 18:22 Sep 30, 2008 Jkt 214001 (1) Were 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) Were a parolee or had a pending request for reparole; or (4) Are 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. See 8 CFR 244.2(g). All late initial registration applications for TPS, pursuant to the designation of El Salvador, should be submitted to the appropriate address listed above in Table 3. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 Are certain aliens ineligible for TPS? Yes. There are certain criminal and terrorism-related inadmissibility grounds that render an alien ineligible for TPS. See section 244(c)(2)(A)(iii) of the Act; 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 section 208(b)(2)(A) of the Act, 8 U.S.C. 1158(b)(2)(A) (describing the bars to asylum). See section 244(c)(2)(B)(ii) of the Act; 8 U.S.C. 1254a(c)(2)(B)(ii). If I currently have TPS, can I lose my TPS benefits? TPS and related benefits will be withdrawn if you: (1) Are not eligible for TPS, E:\FR\FM\01OCN1.SGM 01OCN1 57132 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices (2) Fail to timely re-register for TPS without good cause, or (3) Fail to maintain continuous physical presence in the United States. See sections 244(c)(3)(A)–(C) of the Act; 8 U.S.C. 1254a(c)(3)(A)–(C). Does TPS lead to lawful permanent residence status? No. TPS is a temporary benefit. Having been granted TPS does not, of itself, provide an alien with a basis for seeking lawful permanent resident status. A TPS beneficiary who wants to become a lawful permanent resident must qualify for this status based on a family relationship, employment classification, or other generally available basis for immigration, and must be otherwise admissible as an immigrant. The alien may need to go abroad to obtain an immigrant visa, if the alien is not eligible for adjustment of status. If the alien is subject to any ground of inadmissibility, the alien would need to obtain any necessary waiver in order to become a lawful permanent resident. jlentini on PROD1PC65 with NOTICES If I am currently covered under TPS, what status will I have if my country’s TPS designation is terminated? When a country’s TPS designation is terminated, you will maintain the same immigration status that you held prior to obtaining TPS (unless that status has since expired or been terminated), or any other status you may have acquired while registered for TPS. Accordingly, if you held no lawful immigration status prior to being granted TPS and did not obtain any other status during the TPS period, you 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, must 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. Section 244(a)(5) of the Act; 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 he or she is granted TPS. See section 244(f)(4) of the Act; 8 U.S.C. 1254a(f)(4). VerDate Aug<31>2005 18:22 Sep 30, 2008 Jkt 214001 However, if an alien has periods of time when he or she had no lawful immigration status before, or after, the alien’s time in TPS, those period(s) of unlawful presence may negatively affect that alien’s ability to adjust to permanent resident status or attain other immigration benefits, depending on the circumstances of the specific case. See, e.g., section 212(a)(9) of the Act; 8 U.S.C. 1182(a)(9) (unlawful presence ground of inadmissibility that is triggered by a departure from the United States). In some cases, the unlawful presence ground of inadmissibility, or certain other grounds of inadmissibility, may be waived when an alien applies to adjust to permanent resident status or for another immigration status. 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 alien’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 sections 244(b)(2)(A)(ii) and 244(c)(2)(B)(ii) of the Act; 8 U.S.C. 1254a(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii). Can nationals of El Salvador (or aliens having no nationality who last habitually resided in El Salvador) who entered the United States after February 13, 2001, file for TPS? No. This extension does not expand TPS eligibility to those who are not currently eligible. To be eligible for benefits under this extension, nationals of El Salvador (or aliens having no nationality who last habitually resided in El Salvador) must have continuously resided in the United States since February 13, 2001, and have been continuously physically present in the United States since March 9, 2001. See section 244(c)(1) of the Act, 8 U.S.C. 1254a(c)(1), also 66 FR 14214 (Mar. 9, 2001). What documents should I bring to my ASC appointment? 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- PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 captured biometrics and will conduct necessary security checks using those biometrics, such that you may not be required to appear at an ASC. Due to systems limitations, it may not be possible in every case to reuse biometrics. However, even if you do not need to attend an ASC appointment, you are required to pay the separate biometrics fee or submit an appropriately supported fee waiver request. See 8 CFR 244.6. This fee will help cover the USCIS costs associated with use and maintenance of collected biometrics (such as fingerprints) for FBI and other background checks, identity verification, and document production. 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. Failure to appear at an ASC for a required ASC appointment will result in denial of your case due to abandonment unless you submit an address change notification (see instructions below) or a rescheduling request prior to your appointment. If no further action is required for your case, you will receive a new EAD by mail valid through September 9, 2010. If your case requires further resolution, USCIS will contact you in writing to explain what additional information, if any, is necessary to resolve your case. If your application is subsequently approved, you will receive a new EAD in the mail with an expiration date of September 9, 2010. What if my address changes after I file my re-registration application? If your address changes after you file your application for re-registration, you must complete and submit Form AR–11 by mail or electronically. The mailing address is: U.S. Citizenship and Immigration Services, Change of Address, P.O. Box 7134, London, KY 40742–7134. Form AR–11 can also be filed electronically by following the directions on the USCIS Web site at: http://www.uscis.gov. To facilitate processing your address change on your TPS application, you may call the USCIS National Customer Service Center at 1–800–375–5283 (TTY 1–800– 767–1833) to request that your address be updated on your application. Please note that calling the USCIS National Customer Service Center does not relieve you of your burden to properly file a Form AR–11 with USCIS. E:\FR\FM\01OCN1.SGM 01OCN1 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices Will my current EAD that is set to expire on March 9, 2009, automatically be extended for six months? No. This Notice does not automatically extend previously-issued EADs. DHS has announced the extension of the TPS designation of El Salvador and established the reregistration period at an early date to allow sufficient time for DHS to process EAD requests prior to the March 9, 2009, expiration date. You must file during the 90-day re-registration period. Failure to apply during the reregistration period without good cause will result in a withdrawal of your TPS benefits. DHS strongly encourages you to file as early as possible within the reregistration period. May I request an interim EAD at my local District Office? No. USCIS will not issue interim EADs to TPS applicants and reregistrants at District Offices. Interim EADs may only be issued by the Vermont Service Center. What documents may a qualified individual show to his or her employer as proof of employment authorization and identity when completing Form I–9? jlentini on PROD1PC65 with NOTICES After March 9, 2009, a TPS beneficiary under TPS for El Salvador who has timely re-registered with USCIS as directed under this Notice and obtained a new EAD may present his or her new valid EAD to his or her employer as proof of employment authorization and identity. Employers may not accept previously issued EADs that are no longer valid. Individuals also may present any other legally acceptable document or combination of documents listed on the Form I–9 as proof of identity and employment eligibility. Note to Employers: Employers are reminded that the laws requiring employment eligibility verification and prohibiting unfair immigration-related employment practices remain in full force. This Notice does not supersede or in any way limit applicable employment verification rules and policy guidance, including those rules 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. Additional information is available on the OSC Web site at http://www.usdoj.gov/crt/ osc/index.html. [FR Doc. E8–22979 Filed 9–30–08; 8:45 am] BILLING CODE 9111–97–P VerDate Aug<31>2005 18:22 Sep 30, 2008 Jkt 214001 DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2455–08; DHS Docket No. USCIS– 2008–0033] RIN 1615–ZA72 Extension of the Designation of Honduras for Temporary Protected Status U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. AGENCY: SUMMARY: This Notice announces that the Secretary of Homeland Security has extended the designation of Honduras for temporary protected status (TPS) for 18 months, from its current expiration date of January 5, 2009 through July 5, 2010. This Notice also sets forth procedures necessary for nationals of Honduras (or aliens having no nationality who last habitually resided in Honduras) with TPS to re-register with U.S. Citizenship and Immigration Services (USCIS). Unlike the prior extension of TPS for Honduras, this Notice does not automatically extend previously issued employment authorization documents (EADs). Eligible TPS beneficiaries must apply to USCIS for extensions of their EADs, and pay the required application fee for such extensions, during the 60-day registration period. Re-registration is limited to persons who have previously registered with USCIS for TPS under the designation of Honduras and whose applications have been granted by or remain pending with USCIS. Certain nationals of Honduras (or aliens having no nationality who last habitually resided in Honduras) who have not previously applied to USCIS for TPS may be eligible to apply under the late initial registration provisions. DATES: The extension of the TPS designation of Honduras is effective January 6, 2009, and will remain in effect through July 5, 2010. The 60-day re-registration period begins October 1, 2008, and will remain in effect until December 1, 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 October 1, 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 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 57133 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 http://www.uscis.gov. Note: The phone number provided here is solely for questions regarding this TPS Notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases 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. EAD—Employment Authorization Document. HSA—Homeland Security Act of 2002. OSC—U.S. Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices. PRRAC—European Union’s Regional Program for the Reconstruction of Central America. Secretary—Secretary of Homeland Security. TPS—Temporary Protected Status. USCIS—U.S. Citizenship and Immigration Services. What Is Temporary Protected Status? TPS is an immigration status DHS grants to eligible nationals of designated countries or part of a designated country. During the period for which the Secretary of Homeland Security (Secretary) has designated a country for TPS, TPS beneficiaries are eligible to remain in the United States and may obtain work authorization. The granting of TPS does not lead to permanent resident status. When the Secretary terminates a country’s TPS designation, beneficiaries return to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have obtained while registered for TPS. What authority does the Secretary of Homeland Security have to extend the designation of Honduras for TPS? Section 244(b)(1) of the Immigration and Nationality Act (Act), 8 U.S.C. 1254a(b)(1), authorizes the Secretary, after consultation with appropriate agencies of the government, to designate a foreign State (or part thereof) for TPS.1 1 As of March 1, 2003, in accordance with section 1517 of Title XV of the Homeland Security Act of 2002 (HSA), Public Law No. 107–296, 116 Stat. E:\FR\FM\01OCN1.SGM Continued 01OCN1

Agencies

[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Pages 57128-57133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22979]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2456-08; DHS Docket No. USCIS-2008-0034]
RIN 1615-ZA73


Extension of the Designation of El Salvador for Temporary 
Protected Status

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This Notice announces that the Secretary of Homeland Security 
has extended the designation of El Salvador for temporary protected 
status (TPS) for 18 months, from its current expiration date of March 
9, 2009 through September 9, 2010. This Notice also sets forth 
procedures necessary for nationals of El Salvador (or aliens having no 
nationality who last habitually resided in El Salvador) with TPS to re-
register with U.S. Citizenship and Immigration Services (USCIS). Unlike 
the prior extension of TPS for El Salvador, this Notice does not 
automatically extend previously-issued employment authorization 
documents (EADs). Eligible TPS beneficiaries must apply to USCIS for 
extensions of their EADs, and pay the required application fee for such 
extensions, during the 90-day registration period. Re-registration is 
limited to persons who have previously registered with USCIS for TPS 
under the designation of El Salvador and whose applications have been 
granted by or remain pending with USCIS. Certain nationals of El 
Salvador (or aliens having no nationality who last habitually resided 
in El Salvador) who have not previously applied to USCIS for TPS may be 
eligible to apply under the late initial registration provisions.

DATES: The extension of the TPS designation of El Salvador is effective 
March 10, 2009, and will remain in effect through September 9, 2010. 
The 90-day re-registration period begins October 1, 2008, and will 
remain in effect until December 30, 2008. To facilitate processing of 
applications, applicants are strongly encouraged to file as soon as 
possible after the start of the 90-day re-registration period beginning 
on October 1, 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 http://www.uscis.gov.

    Note: The phone number provided here is solely for questions 
regarding this TPS Notice. It is not for individual case status 
inquiries. Applicants seeking information about the status of their 
individual cases 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.
HSA--Homeland Security Act of 2002.
OSC--U.S. Department of Justice Office of Special Counsel for 
Immigration Related Unfair Employment Practices.
EAD--Employment Authorization Document.
Secretary--Secretary of Homeland Security.
TPS--Temporary Protected Status.
USCIS--U.S. Citizenship and Immigration Services.

What Is Temporary Protected Status?

    TPS is an immigration status DHS grants to eligible nationals of 
designated countries or part of a designated country. During the period 
for which the Secretary of Homeland Security (Secretary) has designated 
a country for TPS, TPS beneficiaries are eligible to remain in the 
United States and may obtain work authorization. The granting of TPS 
does not lead to permanent resident status. When the Secretary 
terminates a country's TPS designation, beneficiaries return to the 
same immigration status they maintained before TPS (unless that status 
had since expired or been terminated) or to any other status they may 
have been obtained while registered for TPS.

What authority does the Secretary of Homeland Security have to extend 
the designation of El Salvador for TPS?

    Section 244(b)(1) of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a(b)(1), authorizes the Secretary, after consultation with 
appropriate agencies of the government, to designate a foreign State 
(or part thereof) for TPS.\1\

[[Page 57129]]

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). Section 244(a)(1)(A) of the Act; 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------

    \1\ As of March 1, 2003, in accordance with section 1517 of 
Title XV of the Homeland Security Act of 2002 (HSA), Public Law No. 
107-296, 116 Stat. 2135, any reference to the Attorney General in a 
provision of the Immigration and Nationality Act describing 
functions which were transferred from the Attorney General or other 
Department of Justice official to the Department of Homeland 
Security by the HSA ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (2003) (codifying HSA, Title XV, 
Sec.  1517).
---------------------------------------------------------------------------

    At least 60 days before the expiration of a TPS designation, 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, must determine the length of an 
extension of the TPS designation. Sections 244(b)(3)(A) and (C) of the 
Act, 8 U.S.C. 1254a(b)(3)(A) and (C). If the Secretary determines that 
the foreign State no longer meets the conditions for the TPS 
designation, he must terminate the designation. Section 244(b)(3)(B) of 
the Act, 8 U.S.C. 1254a (b)(3)(B).
    The Secretary's determination to designate a country for TPS, or to 
extend or terminate such designation, is not subject to judicial 
review. Section 244(b)(5) of the Act, 8 U.S.C. 1254a(b)(5)(A).

Why was El Salvador initially designated for TPS?

    On March 9, 2001, the Attorney General published a Notice in the 
Federal Register, at 66 FR 14214, designating El Salvador for TPS due 
to the devastation caused by a series of severe earthquakes that 
occurred on January 13, and February 13 and 17, 2001.

When was the TPS designation for El Salvador extended?

    The Attorney General and the Secretary of Homeland Security have 
extended the designation for El Salvador five times on the basis that 
the conditions warranting the March 9, 2001, designation continued to 
be met. See 67 FR 46000 (July 11, 2002); 68 FR 42071 (July 16, 2003); 
70 FR 1450 (January 7, 2005); 71 FR 34637 (June 15, 2006); and 72 FR 
46649 (August 21, 2007).

Why is the Secretary extending the TPS designation for El Salvador 
through September 9, 2010?

    Over the past year, DHS and the Department of State have continued 
to review conditions in El Salvador. Based on this review, DHS has 
determined that an 18-month extension is warranted because there 
continues to be a substantial, but temporary, disruption of living 
conditions in El Salvador resulting from the series of earthquakes that 
struck the country in 2001, and because El Salvador remains unable, 
temporarily, to adequately handle the return of its nationals, as 
required for TPS designations based on significant earthquake damage. 
Section 244(b)(1)(B) of the Act; 8 U.S.C. 1254a(b)(1)(B).
    El Salvador has still not completed reconstruction of the 
infrastructure damaged by several severe 2001 earthquakes. 
Transportation, housing, education, and health sectors are still 
suffering from the 2001 earthquakes, the lingering effects of which 
limit El Salvador's ability to absorb a large number of potential 
returnees. The Salvadoran government assessed that 276,594 houses were 
affected by the earthquakes. As of February 2007, 136,988 houses had 
been reconstructed or repaired, approximately 50 percent of the total 
number destroyed or damaged. A housing program funded by the European 
Union was completed in March 2007, with a total of 5,482 houses 
constructed. As of June 2008, a housing program funded by the Inter-
American Development Bank (3,500 houses) was underway with completion 
anticipated by the middle of 2009. In June 2003, the Salvadoran 
legislature approved borrowing $142.6 million for the reconstruction of 
seven hospitals. As of June 2008, reconstruction of one of seven main 
hospitals was completed. Reconstruction of three others was underway 
with completion anticipated by the end of 2008.
    Based upon this review, the Secretary has determined, after 
consultation with the appropriate government agencies, that the 
conditions that prompted the designation of El Salvador for TPS 
continue to be met. See section 244(b)(3)(A) of the Act; 8 U.S.C. 
1254a(b)(3)(A). There continues to be a substantial, but temporary, 
disruption in living conditions in El Salvador as the result of the 
series of earthquakes that struck the country in 2001, and El Salvador 
continues to be unable, temporarily, to handle adequately the return of 
its nationals. See section 244(b)(1)(B) of the Act. On the basis of 
these findings and determinations, the Secretary concludes that the 
designation of El Salvador for TPS should be extended for an additional 
18-month period. See section 244(b)(3)(C) of the Act, 8 U.S.C. 
1254a(b)(3)(C). There are approximately 229,000 nationals of El 
Salvador (or aliens having no nationality who last habitually resided 
in El Salvador) who are eligible for TPS under this designation.

What Actions Should Qualifying Aliens Take Pursuant to This Notice?

    To maintain TPS, a national of El Salvador (or an alien having no 
nationality who last habitually resided in El Salvador) who was granted 
TPS and who has not had TPS withdrawn must re-register for TPS during 
the 90-day re-registration period from October 1, 2008 until December 
30, 2008. To re-register, aliens must follow the filing procedures set 
forth in this Notice. An addendum to this Notice provides instructions 
on this extension, including filing and eligibility requirements for 
TPS and EADs. Information concerning the extension of the designation 
of El Salvador for TPS also will be available at local USCIS offices 
upon publication of this Notice and on the USCIS Web site at http://
www.uscis.gov.

Notice of Extension of the TPS Designation of El Salvador

    By the authority vested in me as Secretary of Homeland Security 
under section 244 of the Act, 8 U.S.C. 1254a, I have determined, after 
consultation with the appropriate government agencies, that the 
conditions that prompted the designation of El Salvador for temporary 
protected status (TPS) on March 9, 2001, continue to be met. See 
section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). Accordingly, 
I am extending the TPS designation of El Salvador for 18 months from 
March 10, 2009, through September 9, 2010.

    Dated: August 29, 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 El Salvador for TPS, and would like to maintain 
them?

    Yes. If you already have received TPS benefits through the TPS 
designation of El Salvador, your benefits will expire on March 9, 2009. 
All TPS beneficiaries must comply with the re-registration 
requirements, and submit any associated application fees or 
applications for waivers of the fees, described in this Notice in order 
to maintain TPS benefits through September 9, 2010. TPS benefits 
include temporary protection against removal from the United States and 
employment authorization during the TPS designation period. Section 
244(a)(1) of the Act; 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

[[Page 57130]]

your removal from the United States. Section 244(c)(3)(C) of the Act; 8 
U.S.C. 1254a(c)(3)(C).

If I am currently registered for TPS or have a pending application for 
TPS, how do I re-register to renew my benefits for the duration of the 
extension period?

    Please submit the proper forms and fees according to Tables 1 and 2 
below. The following are some helpful tips to keep in mind when 
completing your application:
     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.
     All questions on the required forms should be fully and 
completely answered. Failure to fully complete each required form may 
result in a delay in processing of your application.
     Aliens who have previously registered for TPS, but whose 
applications remain pending, should follow the filing instructions in 
this Notice if they wish to renew their TPS benefits.
     All TPS re-registration applications submitted without the 
required fees will be returned to applicants.
     All fee waiver requests should be filed in accordance with 
8 CFR 244.20.
     If you received an EAD during the most recent registration 
period, please submit a photocopy of the front and back of your EAD.

             Table 1--Application Forms and Application Fees
------------------------------------------------------------------------
               If                         And                Then
------------------------------------------------------------------------
You are re-registering for TPS..  You are applying    You must complete
                                   for an extension    and file the Form
                                   of your EAD valid   I-765,
                                   through September   Application for
                                   9, 2010.            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 TPS..  You are NOT         You must complete
                                   applying for        and file the Form
                                   renewal of your     I-765 with no fee
                                   EAD.                and Form I-821
                                                       with no fee.
                                                       Note: DO NOT
                                                       check any box for
                                                       the question ``I
                                                       am applying for''
                                                       listed on Form I-
                                                       765, as you are
                                                       NOT requesting an
                                                       EAD benefit.
You are applying for TPS as a     You are applying    You must complete
 late initial registrant (see      for a TPS-related   and file Form I-
 below) and you are between the    EAD.                821 with the $50
 ages of 14 and 65 (inclusive).                        fee or fee waiver
                                                       request and Form
                                                       I-765 with the
                                                       fee of $340 or a
                                                       fee waiver
                                                       request.
You are applying for TPS as a     You are applying    You must complete
 late initial registrant and are   for a TPS-related   and file Form I-
 under age 14 or over age 65.      EAD.                821 with the $50
                                                       fee or fee waiver
                                                       request. You must
                                                       also submit Form
                                                       I-765 with no
                                                       fee.
You are applying for TPS as a     You are NOT         You must complete
 late initial registrant,          applying for an     and file Form I-
 regardless of age.                EAD.                821 with the $50
                                                       fee or fee waiver
                                                       request and Form
                                                       I-765 with no
                                                       fee.
Your previous TPS application is  You are applying    You must complete
 still pending.                    to renew your       and file the Form
                                   temporary           I-765 with the
                                   treatment           fee of $340 or a
                                   benefits (i.e.,     fee waiver
                                   an EAD with         request. You must
                                   category ``C-19''   also submit Form
                                   on its face).       I-821, with no
                                                       fee.
------------------------------------------------------------------------

    Certain applicants must also submit a Biometric Service Fee (See 
Table 2).

                     Table 2--Biometric Service Fee
------------------------------------------------------------------------
               If                         And                Then
------------------------------------------------------------------------
You are 14 years of age or older  1. You are re-      You must submit a
                                   registering for     Biometric Service
                                   TPS, or.            fee of $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 years of  1. You are          You do NOT need to
 age.                              applying for an     submit a
                                   EAD, or.            Biometric Service
                                                       fee.
                                  2. You are NOT
                                   applying for an
                                   EAD.
------------------------------------------------------------------------

What editions of Form I-821 and Form I-765 should I submit?

    Only versions of Form I-821 dated October 17, 2007 (Rev. 10/17/07), 
or later, will be accepted. Only versions of Form I-765 dated May 27, 
2008 (Rev. 5/27/08), or later, will be accepted. The revision date can 
be found in the bottom right corner of the form. The proper forms can 
be found on the Internet at http://www.uscis.gov or by calling the

[[Page 57131]]

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 courier
               If                    Then mail to      deliveries, mail
                                                              to
------------------------------------------------------------------------
You are applying for re-          U.S. Citizenship    U.S. Citizenship
 registration or applying to       and Immigration     and Immigration
 renew your temporary treatment    Services, Attn:     Services, Attn:
 benefits.                         TPS El Salvador,    TPS El Salvador,
                                   P.O. Box 8635,      131 S. Dearborn--
                                   Chicago, IL 60680-  3rd Floor,
                                   8635.               Chicago, IL 60603-
                                                       5517.
You are applying for the first    U.S. Citizenship    U.S. Citizenship
 time as a late initial            and Immigration     and Immigration
 registrant.                       Services, Attn:     Services, Attn:
                                   TPS El Salvador,    TPS El Salvador
                                   P.O. Box 8670,      [Additional
                                   Chicago, IL 60680-  Documents], 131
                                   8670.               S. Dearborn--3rd
                                                       Floor, Chicago,
                                                       IL 60603-5517.
------------------------------------------------------------------------

If you were granted TPS by an Immigration Judge or the Board of 
Immigration Appeals you must submit evidence of the grant of TPS (such 
as an order from the Immigration Judge) with your application. In 
addition, when you receive your receipt notice (Form I-797) you will 
need to send an e-mail to Tpsijgrant.vsc@dhs.gov that includes the 
following information:
     Your name;
     Your date of birth;
     The receipt number for your re-registration;
     Your A-number; and
     The date you were granted TPS.

Please note that the email address provided above is solely for re-
registration applicants who were granted TPS by Immigration Judges and 
by the Board of Immigration Appeals to use to notify USCIS of their 
grants of TPS. It is not for individual case status inquiries. 
Applicants seeking information about the status of their individual 
cases can check Case Status Online available at the USCIS Web site, or 
applicants may call the USCIS National Customer Service Center.

Can I file my application electronically?

    If you are filing for re-registration and do not need to submit 
supporting documentation (see Table 4) with your application, you may 
file your application electronically. To file your application 
electronically, follow directions on the USCIS Web site at: http://
www.uscis.gov.

How will I know if I need to submit supporting documentation with my 
application package?

    See Table 4 below to determine if you need to submit supporting 
documentation.

          Table 4--Who Should Submit Supporting Documentation?
------------------------------------------------------------------------
                If                                  Then
------------------------------------------------------------------------
One or more of the questions        You must submit an explanation, on a
 listed in Part 4, Question 2 of     separate sheet(s) of paper, and/or
 Form I-821 applies to you.          additional documentation must be
                                     provided.
You were granted TPS by an          You must include evidence of the
 Immigration Judge or the Board of   grant of TPS (such as an order from
 Immigration Appeals.                the Immigration Judge) with your
                                     application package.
------------------------------------------------------------------------

How do I know if I am eligible for late initial registration?

    You may be eligible for late initial registration under 8 CFR 
244.2. In order to be eligible for late initial registration, you must:
    (1) Be a national of El Salvador (or an alien who has no 
nationality and who last habitually resided in El Salvador);
    (2) Have continuously resided in the United States since February 
13, 2001;
    (3) Have been continuously physically present in the United States 
since March 9, 2001; and
    (4) Be both admissible as an immigrant, except as provided under 
section 244(c)(2)(A) of the Act, and not ineligible under section 
244(c)(2)(B) of the Act.
    Additionally, you must be able to demonstrate that during the 
registration period for the initial designation of TPS (March 9, 2001 
to September 9, 2002), you:
    (1) Were 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) Were a parolee or had a pending request for reparole; or
    (4) Are 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. See 8 CFR 244.2(g). All 
late initial registration applications for TPS, pursuant to the 
designation of El Salvador, should be submitted to the appropriate 
address listed above 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 
section 244(c)(2)(A)(iii) of the Act; 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 section 208(b)(2)(A) of the Act, 8 U.S.C. 
1158(b)(2)(A) (describing the bars to asylum). See section 
244(c)(2)(B)(ii) of the Act; 8 U.S.C. 1254a(c)(2)(B)(ii).

If I currently have TPS, can I lose my TPS benefits?

    TPS and related benefits will be withdrawn if you:
    (1) Are not eligible for TPS,

[[Page 57132]]

    (2) Fail to timely re-register for TPS without good cause, or
    (3) Fail to maintain continuous physical presence in the United 
States. See sections 244(c)(3)(A)-(C) of the Act; 8 U.S.C. 
1254a(c)(3)(A)-(C).

Does TPS lead to lawful permanent residence status?

    No. TPS is a temporary benefit. Having been granted TPS does not, 
of itself, provide an alien with a basis for seeking lawful permanent 
resident status. A TPS beneficiary who wants to become a lawful 
permanent resident must qualify for this status based on a family 
relationship, employment classification, or other generally available 
basis for immigration, and must be otherwise admissible as an 
immigrant. The alien may need to go abroad to obtain an immigrant visa, 
if the alien is not eligible for adjustment of status. If the alien is 
subject to any ground of inadmissibility, the alien would need to 
obtain any necessary waiver in order to become a lawful permanent 
resident.

If I am currently covered under TPS, what status will I have if my 
country's TPS designation is terminated?

    When a country's TPS designation is terminated, you will maintain 
the same immigration status that you held prior to obtaining TPS 
(unless that status has since expired or been terminated), or any other 
status you may have acquired while registered for TPS. Accordingly, if 
you held no lawful immigration status prior to being granted TPS and 
did not obtain any other status during the TPS period, you 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, must 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. Section 244(a)(5) of the Act; 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 he or she is granted TPS. See section 
244(f)(4) of the Act; 8 U.S.C. 1254a(f)(4).
    However, if an alien has periods of time when he or she had no 
lawful immigration status before, or after, the alien's time in TPS, 
those period(s) of unlawful presence may negatively affect that alien's 
ability to adjust to permanent resident status or attain other 
immigration benefits, depending on the circumstances of the specific 
case. See, e.g., section 212(a)(9) of the Act; 8 U.S.C. 1182(a)(9) 
(unlawful presence ground of inadmissibility that is triggered by a 
departure from the United States). In some cases, the unlawful presence 
ground of inadmissibility, or certain other grounds of inadmissibility, 
may be waived when an alien applies to adjust to permanent resident 
status or for another immigration status.

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 alien'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 sections 244(b)(2)(A)(ii) and 244(c)(2)(B)(ii) of the Act; 8 
U.S.C. 1254a(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii).

Can nationals of El Salvador (or aliens having no nationality who last 
habitually resided in El Salvador) who entered the United States after 
February 13, 2001, file for TPS?

    No. This extension does not expand TPS eligibility to those who are 
not currently eligible. To be eligible for benefits under this 
extension, nationals of El Salvador (or aliens having no nationality 
who last habitually resided in El Salvador) must have continuously 
resided in the United States since February 13, 2001, and have been 
continuously physically present in the United States since March 9, 
2001. See section 244(c)(1) of the Act, 8 U.S.C. 1254a(c)(1), also 66 
FR 14214 (Mar. 9, 2001).

What documents should I bring to my ASC appointment?

    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 will conduct 
necessary security checks using those biometrics, such that you may not 
be required to appear at an ASC. Due to systems limitations, it may not 
be possible in every case to reuse biometrics.
    However, even if you do not need to attend an ASC appointment, you 
are required to pay the separate biometrics fee or submit an 
appropriately supported fee waiver request. See 8 CFR 244.6. This fee 
will help cover the USCIS costs associated with use and maintenance of 
collected biometrics (such as fingerprints) for FBI and other 
background checks, identity verification, and document production.
    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.
    Failure to appear at an ASC for a required ASC appointment will 
result in denial of your case due to abandonment unless you submit an 
address change notification (see instructions below) or a rescheduling 
request prior to your appointment.
    If no further action is required for your case, you will receive a 
new EAD by mail valid through September 9, 2010. If your case requires 
further resolution, USCIS will contact you in writing to explain what 
additional information, if any, is necessary to resolve your case. If 
your application is subsequently approved, you will receive a new EAD 
in the mail with an expiration date of September 9, 2010.

What if my address changes after I file my re-registration application?

    If your address changes after you file your application for re-
registration, you must complete and submit Form AR-11 by mail or 
electronically. The mailing address is: U.S. Citizenship and 
Immigration Services, Change of Address, P.O. Box 7134, London, KY 
40742-7134.
    Form AR-11 can also be filed electronically by following the 
directions on the USCIS Web site at: http://www.uscis.gov. To 
facilitate processing your address change on your TPS application, you 
may call the USCIS National Customer Service Center at 1-800-375-5283 
(TTY 1-800-767-1833) to request that your address be updated on your 
application. Please note that calling the USCIS National Customer 
Service Center does not relieve you of your burden to properly file a 
Form AR-11 with USCIS.

[[Page 57133]]

Will my current EAD that is set to expire on March 9, 2009, 
automatically be extended for six months?

    No. This Notice does not automatically extend previously-issued 
EADs. DHS has announced the extension of the TPS designation of El 
Salvador and established the re-registration period at an early date to 
allow sufficient time for DHS to process EAD requests prior to the 
March 9, 2009, expiration date. You must file during the 90-day re-
registration period. Failure to apply during the re-registration period 
without good cause will result in a withdrawal of your TPS benefits. 
DHS strongly encourages you to file as early as possible within the re-
registration period.

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. Interim EADs may only be issued by the 
Vermont Service Center.

What documents may a qualified individual show to his or her employer 
as proof of employment authorization and identity when completing Form 
I-9?

    After March 9, 2009, a TPS beneficiary under TPS for El Salvador 
who has timely re-registered with USCIS as directed under this Notice 
and obtained a new EAD may present his or her new valid EAD to his or 
her employer as proof of employment authorization and identity. 
Employers may not accept previously issued EADs that are no longer 
valid. Individuals also may present any other legally acceptable 
document or combination of documents listed on the Form I-9 as proof of 
identity and employment eligibility.

    Note to Employers: Employers are reminded that the laws 
requiring employment eligibility verification and prohibiting unfair 
immigration-related employment practices remain in full force. This 
Notice does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules 
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. Additional information is 
available on the OSC Web site at http://www.usdoj.gov/crt/osc/
index.html.


 [FR Doc. E8-22979 Filed 9-30-08; 8:45 am]
BILLING CODE 9111-97-P