Filing Procedures and Automatic Extension of Employment Authorization and Related Documentation for Liberians Provided Deferred Enforced Departure, 14144-14146 [E9-7092]

Download as PDF sroberts on PROD1PC70 with NOTICES 14144 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 2009. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529–2210. Comments may also be submitted to DHS via facsimile to 202–272–8352 or via e-mail at rfs.regs@dhs.gov, and to the OMB USCIS Desk Officer via facsimile at 202–395–6974 or via e-mail at oira_submission@omb.eop.gov. When submitting comments by e-mail please make sure to add OMB Control Number 1615–0106 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection: (1) Type of Information Collection: Extension of an existing information collection. (2) Title of the Form/Collection: Petition for Qualifying Family Member of a U–1 Nonimmigrant. (3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Form I–929. U.S. Citizenship and Immigration Services. (4) Affected public who will be asked or required to respond, as well as a brief abstract: VerDate Nov<24>2008 18:33 Mar 27, 2009 Jkt 217001 Primary: Individuals or households. Section 245(m) of the Immigration and Nationality Act (Act) allows certain qualifying family members who have never held U nonimmigrant status to seek lawful permanent residence or apply for immigrant visas. Before such family members may apply for adjustment of status or seek immigrant visas, the U–1 nonimmigrant who has been granted adjustment of status must file an immigrant petition on behalf of the qualifying family member using Form I–929. The information collection is necessary in order for USCIS to make a determination that the eligibility requirements and conditions are met regarding the qualifying family member. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 2,000 responses at 1 hour per response. (6) An estimate of the total public burden (in hours) associated with the collection: 2,000 annual burden hours. If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please visit the USCIS Web site at: https:// www.regulations.gov/search/index.jsp If additional information is required contact: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, Washington, DC 20529–2210, (202) 272– 8377. Dated: March 25, 2009. Stephen Tarragon, Deputy Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services. [FR Doc. E9–7065 Filed 3–27–09; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2475–09; DHS Docket No. USCIS– 2009–0009] RIN 1615–ZA87 Filing Procedures and Automatic Extension of Employment Authorization and Related Documentation for Liberians Provided Deferred Enforced Departure AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Notice. employment authorization documents (EADs) for Liberians (and persons without nationality who last habitually resided in Liberia) for whom deferred enforced departure (DED) has been extended in accordance with the memorandum of March 20, 2009 from President Obama to the Secretary of Homeland Security, Janet Napolitano. The memorandum directed that DED for certain Liberians be extended and that employment be authorized for 12 months from April 1, 2009, through March 31, 2010. This Notice further informs Liberians covered by DED and their employers how to determine which EADs are automatically extended. This Notice also sets forth procedures necessary for individuals who are covered by DED to file for employment authorization for the full 12-month extension with U.S. Citizenship and Immigration Services (USCIS). Finally, this Notice provides instructions for those Liberians who have been provided DED and who would like to apply for permission to travel outside the United States during the 12-month DED period. DATES: This Notice is effective March 30, 2009. The six-month automatic extension of employment authorization for Liberians who are eligible for DED, including the extension of their EADs, as specified in this notice, is effective as of 12:01 a.m. April 1, 2009. This automatic extension will expire on September 30, 2009. FOR FURTHER INFORMATION CONTACT: DED Operations Program Manager, Status and Family Branch, Office of Service Center Operations, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Washington, DC 20529– 2060, 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 it contains. It is not for individual case status inquiries. Applicants seeking information about the status of individual cases can check Case Status Online available at the USCIS Web site, or may call the USCIS National Customer Service Center at 1– 800–375–5283 (TTY 1–800–767–1833). SUPPLEMENTARY INFORMATION: SUMMARY: This Notice announces a sixmonth automatic extension of PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\30MRN1.SGM 30MRN1 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices Employment Authorization Filing Requirements sroberts on PROD1PC70 with NOTICES Who is eligible for employment authorization under the Presidential Memorandum that extended DED for certain Liberians for 12 months? On March 20, 2009, President Obama issued a memorandum to Secretary of Homeland Security, Janet Napolitano, to extend DED for 12 additional months to individuals who are currently covered by Liberian DED through March 31, 2009. See Memorandum from President Obama to the Secretary of Homeland Security dated March 20, 2009 (‘‘Presidential Memorandum’’). The DED extension and the procedures for employment authorization in this notice apply to Liberian nationals (and persons without nationality who last habitually resided in Liberia) who were covered by DED as of March 31, 2009, which only includes those who held Temporary Protected Status (TPS) on September 30, 2007. The DED extension, however, does not include any individual: • Who would be ineligible for TPS for the reasons provided in Immigration and Nationality Act (INA); § 244(c)(2)(B); 8 U.S.C. 1254a(c)(2)(B); • Whose removal the Secretary of Homeland Security determines is in the interest of the United States; • Whose presence or activities in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States; • Who has voluntarily returned to Liberia or his or her country of last habitual residence outside the United States; • Who was deported, excluded, or removed prior to March 20, 2009, the date of the Presidential Memorandum directing that Liberian DED be extended; or • Who is subject to extradition. What do I need to file if I am covered by DED and would like to have evidence of employment authorization? If you are covered under DED for Liberia, and would like employment authorization during the 12-month extension of DED, you must apply for an Employment Authorization Document (EAD). You must file USCIS Form I–765, Application for Employment Authorization Document, during the DED extension period. Please carefully follow the instructions for completing Form I–765. Please submit Form I–765 and supporting documentation to: Vermont Service Center, Attn: I–765, 75 Lower Welden St., St. Albans, VT 05479–0001. VerDate Nov<24>2008 18:33 Mar 27, 2009 Jkt 217001 On Form I–765, you must: • Indicate that you are eligible for DED; and • Include a copy of your last Form I– 797, Notice of Action, showing that you were approved for TPS as of September 30, 2007, if such copy is available. (Please note that evidence of TPS as of September 30, 2007 is necessary to show that you were covered under the previous DED for Liberia as of March 31, 2009). If biometrics are required to produce the secure EAD, you will be scheduled for an appointment at a USCIS Application Support Center. The new EAD will be valid through March 31, 2010. This EAD bearing a March 31, 2010 expiration date may be presented to employers for I–9 purposes. What editions of Form I–765 should I submit? 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 obtained on the Internet at https:// www.uscis.gov or by calling the USCIS forms hotline at 1–800–870–3676. Can I file my application (Form I–765) electronically? No. Electronic filing is not available for filing Form I–765 based on DED. How will I know if I have to report to an Application Support Center (ASC) to submit biometrics? USCIS will mail you a notice with instructions as to whether or not you are required to appear at an ASC for biometrics collection. What documents should I bring to my ASC appointment? When you report to an ASC, you must bring the following documents: (1) Your receipt notice for your application; (2) Your ASC appointment notice; and (3) Your current EAD. If no further action is required for your case, you will receive a new EAD by mail valid through March 31, 2010. If your case requires further consideration, 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 valid through March 31, 2010. What will happen if I do not appear at the ASC? Failure to appear at an ASC for a required ASC appointment will result in PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 14145 denial of your case due to abandonment unless you submit and USCIS has received an address change notification (see instruction below) or a rescheduling request prior to your appointment, and USCIS excuses your failure to appear. See 8 CFR 103.2(b)(13)(ii). What if my address changes after I file my EAD application? If your address changes after you file your application, 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: https://www.uscis.gov. To facilitate processing your address change on your EAD 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. Extension of Employment Authorization and EADs Who is eligible for a six-month automatic extension of employment authorization through September 30, 2009? The Department of Homeland Security (DHS) is granting a six-month automatic extension of employment authorization and the EADs specified in this notice to Liberians who are provided DED in accordance with the Presidential Memorandum. As described in that Presidential Memorandum, eligible individuals are nationals of Liberia (or persons without nationality who last habitually resided in Liberia) who are covered by DED as of March 31, 2009. In accordance with his constitutional authority to conduct the foreign relations of the United States, the President has directed that such Liberians who are eligible be provided DED for an additional 12-month period after their current DED status ends. In addition, the President directed the Secretary of Homeland Security to implement the necessary steps to authorize employment for 12 months from March 31, 2009, for Liberians (and persons without nationality who last resided in Liberia) who are eligible for DED in accordance with the Presidential Memorandum. E:\FR\FM\30MRN1.SGM 30MRN1 14146 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices Which EADs are automatically extended through September 30, 2009? This automatic extension is limited to EADs issued to Liberians (or persons without nationality who last habitually resided in Liberia) on Form I–766, Employment Authorization Document, bearing an expiration date of September 30, 2007. These EADs must also bear the notation ‘‘A–12’’ or ‘‘C–19’’ on the face of the card under ‘‘Category.’’ Additionally, this automatic extension includes EADs issued to Liberians (or persons without nationality who last habitually resided in Liberia) on Form I–766, Employment Authorization Document, bearing an expiration date of March 31, 2009. These EADs must also bear the notation ‘‘A–11’’ on the face of the card under ‘‘Category.’’ sroberts on PROD1PC70 with NOTICES How may employers determine whether an EAD has been automatically extended for six months through September 30, 2009, and is therefore acceptable for completion of the Form I– 9? A Form I–766 (EAD) issued to a Liberian national (or person without nationality who last habitually resided in Liberia) bearing the notation ‘‘A–12’’ or ‘‘C–19’’ on the face of the card under ‘‘Category,’’ and having an expiration date of September 30, 2007, on the face of the card, is acceptable for completion of the Form I–9. Furthermore, a Form I– 766 (EAD) issued to a Liberian national (or person without nationality who last habitually resided in Liberia) bearing the notation ‘‘A–11’’ on the face of the card under ‘‘Category,’’ and having an expiration date of March 31, 2009, on the face of the card, is acceptable for completion of the Form I–9. This notice provides a six-month automatic extension of such EADs until September 30, 2009. Employers should not request proof of Liberian 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. Employers are reminded that an applicant for employment or an employee can 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 VerDate Nov<24>2008 21:18 Mar 27, 2009 Jkt 217001 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. Employers may also 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 https://www.usdoj.gov/crt/osc/. persons ‘‘who have voluntarily returned to Liberia.’’ Dated: March 26, 2009. Michael Aytes, Acting Deputy Director, U.S. Citzenship and Immigration Services. [FR Doc. E9–7092 Filed 3–26–09; 11:15 am] BILLING CODE 9111–97–P What documents may a qualified individual show to his or her employer as proof of employment authorization and identity when completing Form I–9? DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Through September 30, 2009, Liberians (and persons without nationality who last habitually resided in Liberia) who are eligible for DED, as described in the Presidential Memorandum, may present a copy of this Federal Register Notice regarding the automatic extension of employment authorization documentation, along with: • Their Form I–766s (EADs) bearing the notation ‘‘A–12’’ or ‘‘C–19’’ on the face of the cards under ‘‘Category,’’ and having an expiration date of September 30, 2007, on the face of the cards, or • Their Forms I–766 (EADs) bearing the notation ‘‘A–11’’ on the face of the cards under ‘‘Category,’’ and having an expiration date of March 31, 2009, on the face of the cards. In the alternative, any legally acceptable document or combination of documents listed in List A, List B, or List C of the Form I–9 may be presented as proof of identity and employment eligibility. Notice of Proposed Information Collection for Public Comment; Indian Housing Block Grant Information Collection May I request an interim EAD at my local district office? No. USCIS will not issue interim EADs to individuals eligible for DED under the Presidential Memorandum at local district offices. May an individual who is covered by DED under the Presidential Memorandum travel outside of the United States and be permitted to return during the 12-month DED period? Individuals covered under DED who would want to travel outside of the United States must apply for and receive advance parole by filing Form I– 131, Application for Travel Document, with required fees. See 8 CFR 223.2(a). The determination whether to grant advance parole is within the discretion of DHS and is not guaranteed in all cases. If you seek advance parole in order to go to Liberia, you may risk being found ineligible to re-enter the United States under DED because the President’s Memorandum excludes PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 [Docket No. FR–5288–N–02] AGENCY: Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Notice of proposed information collection. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: Comments Due Date: May 29, 2009. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name/or OMB Control number and should be sent to: Lillian L. Deitzer, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street, SW., Room 4178, Washington, DC 20410– 5000; telephone 202.402.8048, (this is not a toll-free number) or e-mail Ms. Deitzer at Lillian.L.Deitzer@hud.gov for a copy of the proposed forms, or other available information. FOR FURTHER INFORMATION CONTACT: Dacia Rogers, Office of Policy, Programs and Legislative Initiatives, PIH, Department of Housing and Urban Development, 451 7th Street, SW., Room 4116, Washington, DC 20410; telephone 202–708–0713, (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The Department will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Notices]
[Pages 14144-14146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7092]


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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2475-09; DHS Docket No. USCIS-2009-0009]
RIN 1615-ZA87


Filing Procedures and Automatic Extension of Employment 
Authorization and Related Documentation for Liberians Provided Deferred 
Enforced Departure

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

ACTION: Notice.

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

SUMMARY: This Notice announces a six-month automatic extension of 
employment authorization documents (EADs) for Liberians (and persons 
without nationality who last habitually resided in Liberia) for whom 
deferred enforced departure (DED) has been extended in accordance with 
the memorandum of March 20, 2009 from President Obama to the Secretary 
of Homeland Security, Janet Napolitano. The memorandum directed that 
DED for certain Liberians be extended and that employment be authorized 
for 12 months from April 1, 2009, through March 31, 2010. This Notice 
further informs Liberians covered by DED and their employers how to 
determine which EADs are automatically extended. This Notice also sets 
forth procedures necessary for individuals who are covered by DED to 
file for employment authorization for the full 12-month extension with 
U.S. Citizenship and Immigration Services (USCIS). Finally, this Notice 
provides instructions for those Liberians who have been provided DED 
and who would like to apply for permission to travel outside the United 
States during the 12-month DED period.

DATES: This Notice is effective March 30, 2009. The six-month automatic 
extension of employment authorization for Liberians who are eligible 
for DED, including the extension of their EADs, as specified in this 
notice, is effective as of 12:01 a.m. April 1, 2009. This automatic 
extension will expire on September 30, 2009.

FOR FURTHER INFORMATION CONTACT: DED Operations Program Manager, Status 
and Family Branch, Office of Service Center Operations, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
20 Massachusetts Avenue, NW., Washington, DC 20529-2060, 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 it contains. It is not for individual case 
status inquiries. Applicants seeking information about the status of 
individual cases can check Case Status Online available at the USCIS 
Web site, or may call the USCIS National Customer Service Center at 1-
800-375-5283 (TTY 1-800-767-1833).

SUPPLEMENTARY INFORMATION:

[[Page 14145]]

Employment Authorization Filing Requirements

Who is eligible for employment authorization under the Presidential 
Memorandum that extended DED for certain Liberians for 12 months?

    On March 20, 2009, President Obama issued a memorandum to Secretary 
of Homeland Security, Janet Napolitano, to extend DED for 12 additional 
months to individuals who are currently covered by Liberian DED through 
March 31, 2009. See Memorandum from President Obama to the Secretary of 
Homeland Security dated March 20, 2009 (``Presidential Memorandum''). 
The DED extension and the procedures for employment authorization in 
this notice apply to Liberian nationals (and persons without 
nationality who last habitually resided in Liberia) who were covered by 
DED as of March 31, 2009, which only includes those who held Temporary 
Protected Status (TPS) on September 30, 2007. The DED extension, 
however, does not include any individual:
     Who would be ineligible for TPS for the reasons provided 
in Immigration and Nationality Act (INA); Sec.  244(c)(2)(B); 8 U.S.C. 
1254a(c)(2)(B);
     Whose removal the Secretary of Homeland Security 
determines is in the interest of the United States;
     Whose presence or activities in the United States the 
Secretary of State has reasonable grounds to believe would have 
potentially serious adverse foreign policy consequences for the United 
States;
     Who has voluntarily returned to Liberia or his or her 
country of last habitual residence outside the United States;
     Who was deported, excluded, or removed prior to March 20, 
2009, the date of the Presidential Memorandum directing that Liberian 
DED be extended; or
     Who is subject to extradition.

What do I need to file if I am covered by DED and would like to have 
evidence of employment authorization?

    If you are covered under DED for Liberia, and would like employment 
authorization during the 12-month extension of DED, you must apply for 
an Employment Authorization Document (EAD). You must file USCIS Form I-
765, Application for Employment Authorization Document, during the DED 
extension period. Please carefully follow the instructions for 
completing Form I-765. Please submit Form I-765 and supporting 
documentation to: Vermont Service Center, Attn: I-765, 75 Lower Welden 
St., St. Albans, VT 05479-0001.
    On Form I-765, you must:
     Indicate that you are eligible for DED; and
     Include a copy of your last Form I-797, Notice of Action, 
showing that you were approved for TPS as of September 30, 2007, if 
such copy is available. (Please note that evidence of TPS as of 
September 30, 2007 is necessary to show that you were covered under the 
previous DED for Liberia as of March 31, 2009).
    If biometrics are required to produce the secure EAD, you will be 
scheduled for an appointment at a USCIS Application Support Center. The 
new EAD will be valid through March 31, 2010. This EAD bearing a March 
31, 2010 expiration date may be presented to employers for I-9 
purposes.

What editions of Form I-765 should I submit?

    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 obtained on the 
Internet at https://www.uscis.gov or by calling the USCIS forms hotline 
at 1-800-870-3676.

Can I file my application (Form I-765) electronically?

    No. Electronic filing is not available for filing Form I-765 based 
on DED.

How will I know if I have to report to an Application Support Center 
(ASC) to submit biometrics?

    USCIS will mail you a notice with instructions as to whether or not 
you are required to appear at an ASC for biometrics collection.

What documents should I bring to my ASC appointment?

    When you report to an ASC, you must bring the following documents:
    (1) Your receipt notice for your application;
    (2) Your ASC appointment notice; and
    (3) Your current EAD.
    If no further action is required for your case, you will receive a 
new EAD by mail valid through March 31, 2010. If your case requires 
further consideration, 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 valid through March 31, 2010.

What will happen if I do not appear at the ASC?

    Failure to appear at an ASC for a required ASC appointment will 
result in denial of your case due to abandonment unless you submit and 
USCIS has received an address change notification (see instruction 
below) or a rescheduling request prior to your appointment, and USCIS 
excuses your failure to appear. See 8 CFR 103.2(b)(13)(ii).

What if my address changes after I file my EAD application?

    If your address changes after you file your application, 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: https://www.uscis.gov.
    To facilitate processing your address change on your EAD 
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.

Extension of Employment Authorization and EADs

Who is eligible for a six-month automatic extension of employment 
authorization through September 30, 2009?

    The Department of Homeland Security (DHS) is granting a six-month 
automatic extension of employment authorization and the EADs specified 
in this notice to Liberians who are provided DED in accordance with the 
Presidential Memorandum. As described in that Presidential Memorandum, 
eligible individuals are nationals of Liberia (or persons without 
nationality who last habitually resided in Liberia) who are covered by 
DED as of March 31, 2009.
    In accordance with his constitutional authority to conduct the 
foreign relations of the United States, the President has directed that 
such Liberians who are eligible be provided DED for an additional 12-
month period after their current DED status ends. In addition, the 
President directed the Secretary of Homeland Security to implement the 
necessary steps to authorize employment for 12 months from March 31, 
2009, for Liberians (and persons without nationality who last resided 
in Liberia) who are eligible for DED in accordance with the 
Presidential Memorandum.

[[Page 14146]]

Which EADs are automatically extended through September 30, 2009?

    This automatic extension is limited to EADs issued to Liberians (or 
persons without nationality who last habitually resided in Liberia) on 
Form I-766, Employment Authorization Document, bearing an expiration 
date of September 30, 2007. These EADs must also bear the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category.''
    Additionally, this automatic extension includes EADs issued to 
Liberians (or persons without nationality who last habitually resided 
in Liberia) on Form I-766, Employment Authorization Document, bearing 
an expiration date of March 31, 2009. These EADs must also bear the 
notation ``A-11'' on the face of the card under ``Category.''

How may employers determine whether an EAD has been automatically 
extended for six months through September 30, 2009, and is therefore 
acceptable for completion of the Form I-9?

    A Form I-766 (EAD) issued to a Liberian national (or person without 
nationality who last habitually resided in Liberia) bearing the 
notation ``A-12'' or ``C-19'' on the face of the card under 
``Category,'' and having an expiration date of September 30, 2007, on 
the face of the card, is acceptable for completion of the Form I-9. 
Furthermore, a Form I-766 (EAD) issued to a Liberian national (or 
person without nationality who last habitually resided in Liberia) 
bearing the notation ``A-11'' on the face of the card under 
``Category,'' and having an expiration date of March 31, 2009, on the 
face of the card, is acceptable for completion of the Form I-9. This 
notice provides a six-month automatic extension of such EADs until 
September 30, 2009. Employers should not request proof of Liberian 
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. Employers are reminded that an applicant for employment 
or an employee can 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. 
Employers may also 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 https://www.usdoj.gov/crt/osc/.

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

    Through September 30, 2009, Liberians (and persons without 
nationality who last habitually resided in Liberia) who are eligible 
for DED, as described in the Presidential Memorandum, may present a 
copy of this Federal Register Notice regarding the automatic extension 
of employment authorization documentation, along with:
     Their Form I-766s (EADs) bearing the notation ``A-12'' or 
``C-19'' on the face of the cards under ``Category,'' and having an 
expiration date of September 30, 2007, on the face of the cards, or
     Their Forms I-766 (EADs) bearing the notation ``A-11'' on 
the face of the cards under ``Category,'' and having an expiration date 
of March 31, 2009, on the face of the cards.
    In the alternative, any legally acceptable document or combination 
of documents listed in List A, List B, or List C of the Form I-9 may be 
presented as proof of identity and employment eligibility.

May I request an interim EAD at my local district office?

    No. USCIS will not issue interim EADs to individuals eligible for 
DED under the Presidential Memorandum at local district offices.

May an individual who is covered by DED under the Presidential 
Memorandum travel outside of the United States and be permitted to 
return during the 12-month DED period?

    Individuals covered under DED who would want to travel outside of 
the United States must apply for and receive advance parole by filing 
Form I-131, Application for Travel Document, with required fees. See 8 
CFR 223.2(a). The determination whether to grant advance parole is 
within the discretion of DHS and is not guaranteed in all cases. If you 
seek advance parole in order to go to Liberia, you may risk being found 
ineligible to re-enter the United States under DED because the 
President's Memorandum excludes persons ``who have voluntarily returned 
to Liberia.''

    Dated: March 26, 2009.
Michael Aytes,
Acting Deputy Director, U.S. Citzenship and Immigration Services.
[FR Doc. E9-7092 Filed 3-26-09; 11:15 am]
BILLING CODE 9111-97-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.