Extension of the Designation of Somalia for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation for Somalian TPS Beneficiaries, 37043-37049 [E9-17862]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Agency Information Collection
Activities: Free Admittance Under
Conditions of Emergency
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: 30-Day notice and request for
comments; Extension of an existing
information collection: 1651–0044.
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY:
SUMMARY: U.S. Customs and Border
Protection (CBP) of the Department of
Homeland Security has submitted the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act: Free Admittance Under
Conditions of Emergency. This is a
proposed extension of an information
collection that was previously
approved. CBP is proposing that this
information collection be extended with
no change to the burden hours. This
document is published to obtain
comments from the public and affected
agencies. This proposed information
collection was previously published in
the Federal Register (74 FR 23737) on
May 20, 2009, allowing for a 60-day
comment period. This notice allows for
an additional 30 days for public
comments. This process is conducted in
accordance with 5 CFR 1320.10.
DATES: Written comments should be
received on or before August 26, 2009.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to the OMB Desk Officer for Customs
and Border Protection, Department of
Homeland Security, and sent via
electronic mail to
oira_submission@omb.eop.gov or faxed
to (202) 395–5806.
SUPPLEMENTARY INFORMATION: U.S.
Customs and Border Protection (CBP)
encourages the general public and
affected Federal agencies to submit
written comments and suggestions on
proposed and/or continuing information
collection requests pursuant to the
Paperwork Reduction Act (Pub. L.104–
13). Your comments should address one
of the following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency/component,
VerDate Nov<24>2008
19:02 Jul 24, 2009
Jkt 217001
including whether the information will
have practical utility;
(2) Evaluate the accuracy of the
agencies/components estimate of the
burden of The proposed 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
collections of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
techniques or other forms of
information.
Title: Free Admittance Under
Conditions of Emergency.
OMB Number: 1651–0044.
Form Number: None.
Abstract: This collection of
information will be used in the event of
an emergency or catastrophic event to
monitor goods temporarily admitted
into the United States for the purpose of
rescue or relief.
Current Actions: There are no changes
to the information collection. This
submission is being made to extend the
expiration date.
Type of Review: Extension (without
change).
Affected Public: Nonprofit Assistance
Organizations.
Estimated Number of Respondents: 1.
Estimated Time per Respondent: 1
hour.
Estimated Total Annual Burden
Hours: 1.
If additional information is required
contact: Tracey Denning, U.S. Customs
and Border Protection, Office of
Regulations and Rulings, 799 9th Street,
NW., 7th Floor, Washington, DC 20229–
1177, at 202–325–0265.
Dated: July 21, 2009.
Tracey Denning,
Agency Clearance Officer, Customs and
Border Protection.
[FR Doc. E9–17877 Filed 7–24–09; 8:45 am]
BILLING CODE 9111–14–P
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
37043
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2469–09; DHS Docket No. USCIS–
2009–0003]
RIN 1615–ZA82
Extension of the Designation of
Somalia for Temporary Protected
Status and Automatic Extension of
Employment Authorization
Documentation for Somalian TPS
Beneficiaries
AGENCY: U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
SUMMARY: This Notice announces that
the Secretary of Homeland Security has
extended the designation of Somalia for
temporary protected status (TPS) for 18
months, from its current expiration date
of September 17, 2009 through March
17, 2011. This Notice also sets forth
procedures necessary for nationals of
Somalia (or aliens having no nationality
who last habitually resided in Somalia)
with TPS to re-register with U.S.
Citizenship and Immigration Services
(USCIS). Re-registration is limited to
persons who have previously registered
for TPS under the designation of
Somalia and whose applications have
been granted by or remain pending with
USCIS. Certain nationals of Somalia (or
aliens having no nationality who last
habitually resided in Somalia) who have
not previously applied to USCIS for TPS
may be eligible to apply under the late
initial registration provisions.
Given the timeframes involved with
processing TPS re-registration
applications, the Department of
Homeland Security (DHS) recognizes
the possibility that all re-registrants may
not receive new EADs until after their
current EADs expire on September 17,
2009. Accordingly, this Notice
automatically extends the validity of
EADs issued under the TPS designation
of Somalia for 6 months, through March
17, 2010, and explains how TPS
beneficiaries and their employers may
determine which EADs are
automatically extended.
DATES: The extension of the TPS
designation of Somalia is effective
September 18, 2009, and will remain in
effect through March 17, 2011. The 60day re-registration period begins July 27,
2009, and will remain in effect until
September 25, 2009.
FOR FURTHER INFORMATION CONTACT: TPS
Operations Program Manager, Status
E:\FR\FM\27JYN1.SGM
27JYN1
37044
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices
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 TPS Notice. 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:
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?
jlentini on DSKJ8SOYB1PROD with NOTICES
TPS is an immigration status granted
to eligible nationals of a country
designated for TPS under the Act (or to
persons without nationality who last
habitually resided in the designated
country). During the period for which
the Secretary has designated a country
for TPS, TPS beneficiaries are eligible to
remain in the United States and may
obtain work authorization, so long as
they continue to meet the terms and
conditions of their TPS status. 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 has 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 Somalia for TPS?
Section 244(b)(1) of the Act, 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate
agencies of the government, to designate
VerDate Nov<24>2008
19:02 Jul 24, 2009
Jkt 217001
a foreign State (or part thereof) for TPS.1
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, she must terminate the
designation. Section 244(b)(3)(B) of the
Act, 8 U.S.C. 1254a(b)(3)(B).
Why was Somalia designated for TPS?
On September 16, 1991, the Attorney
General published a notice in the
Federal Register, at 56 FR 46804,
designating Somalia for TPS due to
ongoing armed conflict and
extraordinary and temporary conditions
within the country. The Attorney
General extended TPS for Somalia nine
times, determining in each instance that
the conditions warranting the
designation continued to be met. 57 FR
32232 (July 21, 1992); 58 FR 48898
(Sept. 20, 1993); 59 FR 43359 (Aug. 23,
1994); 60 FR 39005 (July 31, 1995); 61
FR 39472 (July 29, 1996); 62 FR 41421
(Aug. 1, 1997); 63 FR 51602 (Sept. 28,
1998); 64 FR 49511 (Sept. 13, 1999); 65
FR 69789 (Nov. 20, 2000).
On September 4, 2001, the Attorney
General redesignated Somalia for TPS
by publishing a notice in the Federal
Register at 66 FR 46288, based upon
ongoing armed conflict and
extraordinary and temporary conditions
within Somalia, which had worsened.
Since that date, the Attorney General
and the Secretary of Homeland Security
have extended the TPS designation of
Somalia six times based on
determinations that the conditions
warranting the designation continued to
be met. 67 FR 48950 (July 26, 2002); 68
FR 43147 (July 21, 2003); 69 FR 47937
1 As of March 1, 2003, in accordance with section
1517 of Title XV of the Homeland Security Act of
2002 (HSA), Public Law 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, Section 1517).
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
(Aug. 6, 2004); 70 FR 43895 (July 29,
2005); 71 FR 42653 (July 27, 2006); 73
FR 13245 (Mar. 12, 2008).
Why is the Secretary extending the TPS
designation for Somalia through March
17, 2011?
Over the past year, DHS and the
Department of State have continued to
review conditions in Somalia. Based on
this review, the Secretary has
determined that an 18-month extension
is warranted, because the armed conflict
is ongoing, and the extraordinary and
temporary conditions that prompted the
September 4, 2001, redesignation
persist. Section 244(b)(1)(A), (C) of the
Act; 8 U.S.C. 1254a(b)(1)(A), (C).
Somalia remains in a state of chaos
characterized by the lack of central
government; a crippled economy, the
absence of civil structures, destruction
of infrastructure; and generalized
insecurity in the form of banditry,
kidnapping, looting, revenge killings,
targeted assassinations, suicide carbombings, and inter-clan fighting.
Humanitarian efforts have been
hindered by increasing targeted attacks
on humanitarian workers countrywide.
In 2007, 6,500 civilians were killed. An
additional 2,136 civilians were killed in
the first half of 2008. Almost 750,000
people fled Mogadishu to escape the
fighting between April and July 2008.
Between January and August 2008, the
number of people in need of
humanitarian assistance increased 77
percent, from 1.8 million to 3.2 million
people. The intensifying conflict,
drought, increased food prices, the
targeting of humanitarian workers, and
growing piracy off the Somali coast have
exacerbated the humanitarian toll on the
Somali people.
Based upon her review, the Secretary
has determined, after consultation with
the appropriate government agencies,
that the conditions that prompted the
2001 redesignation of Somalia for TPS
continue to be met. See section
244(b)(3)(A) of the Act; 8 U.S.C.
1254a(b)(3)(A). An ongoing armed
conflict and extraordinary and
temporary conditions in Somalia
prevent aliens who are nationals of
Somalia (or aliens having no nationality
who last habitually resided in Somalia)
from returning in safety. The Secretary
also has determined that it is not
contrary to the national interest of the
United States to permit aliens who meet
the eligibility requirements of TPS to
remain in the United States temporarily.
See section 244(b)(1)(C) of the Act. On
the basis of these findings and
determinations, the Secretary concludes
that the designation of Somalia for TPS
should be extended for an additional 18-
E:\FR\FM\27JYN1.SGM
27JYN1
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices
month period. See section 244(b)(3)(C)
of the Act, 8 U.S.C. 1254a(b)(3)(C).
There are approximately 250 nationals
of Somalia (or aliens having no
nationality who last habitually resided
in Somalia) who are eligible for TPS
under this designation.
What Actions Should Qualifying Aliens
Take Pursuant to This Notice?
To maintain TPS, a national of
Somalia (or an alien having no
nationality who last habitually resided
in Somalia) who was granted TPS and
who has not had TPS withdrawn or who
has a pending application for TPS must
re-register for TPS during the 60-day reregistration period from July 27, 2009
until September 25, 2009. 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 Somalia
for TPS also will be available at local
USCIS offices upon publication of this
Notice and on the USCIS Web site at
https://www.uscis.gov.
Notice of Extension of the TPS
Designation of Somalia
By the authority vested in me as
Secretary of Homeland Security under
section 244 of the Act, 8 U.S.C. 1254a,
I have determined, after consultation
with the appropriate government
agencies, that the conditions that
prompted the redesignation of Somalia
for temporary protected status (TPS) on
September 4, 2001, continue to be met.
See section 244(b)(3)(A) of the
Immigration and Nationality Act, 8
U.S.C. 1254a(b)(3)(A). I also have
determined that it is not contrary to the
national interest of the United States to
permit aliens who meet the eligibility
requirements of TPS to remain in the
United States temporarily. See section
244(b)(1)(C) of the Act. On the basis of
these determinations, I am extending
the TPS designation of Somalia for 18
months from September 18, 2009,
through March 17, 2011.
Dated: July 15, 2009.
Janet Napolitano,
Secretary.
Temporary Protected Status Filing
Requirements
Do I need to re-register for TPS if I
currently have benefits through the
designation of Somalia for TPS, and
would like to maintain them?
Yes. If you already have received TPS
benefits through the TPS designation of
Somalia, your benefits will expire on
September 17, 2009. All TPS
beneficiaries must comply with the reregistration 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 March
17, 2011. 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
37045
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 Employment
Authorization Document (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
And . . .
Then . . .
You are re-registering for TPS ...........................
You are applying for an extension of your
EAD valid through March 17, 2011.
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).
jlentini on DSKJ8SOYB1PROD with NOTICES
If . . .
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 ..................
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. You
must also submit 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. You
must also submit Form I-765 with no fee.
VerDate Nov<24>2008
19:02 Jul 24, 2009
Jkt 217001
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
E:\FR\FM\27JYN1.SGM
27JYN1
37046
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices
TABLE 1—APPLICATION FORMS AND APPLICATION FEES—Continued
If . . .
And . . .
Then . . .
Your previous TPS application is still pending ...
You are applying to renew your temporary
treatment benefits (i.e., an EAD with category ‘‘C–19’’ on its face).
You must complete and file the Form I–765
with 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
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
2. You are NOT applying for an EAD
You must submit a Biometric Service fee of
$80 or a fee waiver request.
You are younger than 14 years of age ..............
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
https://www.uscis.gov or by calling the
USCIS forms hotline at 1–800–870–
3676.
You do NOT need to submit a Biometric Service fee.
Where should I submit my application
for TPS?
Mail your application for TPS to the
proper address in Table 3:
TABLE 3—MAILING ADDRESSES
U.S. Postal Service deliveries . . .
Non-U.S. Postal Service deliveries . . .
U.S. Citizenship and Immigration Services: Attn: TPS Somalia, P.O.
Box 8677, Chicago, IL 60680–8677.
U.S. Citizenship and Immigration Services: Attn: TPS Somalia, 131 S.
Dearborn—3rd Floor, Chicago, IL 60603–5517.
If an Immigration Judge or the Board
of Immigration Appeals granted you
TPS, 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.
Please note that the e-mail address
provided above is solely for reregistration applicants who were
granted TPS by Immigration Judges or
by the Board of Immigration Appeals to
notify USCIS of their grant 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 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:
https://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.
jlentini on DSKJ8SOYB1PROD with NOTICES
TABLE 4—WHO SHOULD SUBMIT SUPPORTING DOCUMENTATION?
If . . .
Then . . .
One or more of the questions listed in Part 4,
Question 2 of Form I–821 applies to you.
You must submit an explanation, on a separate sheet(s) of paper, and/or additional documentation. Depending on the nature of the question(s) you are addressing, additional documentation alone may suffice, but usually, a written explanation will also be needed.
VerDate Nov<24>2008
19:02 Jul 24, 2009
Jkt 217001
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
E:\FR\FM\27JYN1.SGM
27JYN1
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices
37047
TABLE 4—WHO SHOULD SUBMIT SUPPORTING DOCUMENTATION?—Continued
If . . .
Then . . .
You were granted TPS by an Immigration
Judge or the Board of Immigration Appeals
(BIA).
You must include evidence of the grant of TPS (such as a final order from the Immigration
Judge or decision of the BIA) with your application package.
jlentini on DSKJ8SOYB1PROD with NOTICES
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 Somalia (or an
alien who has no nationality and who
last habitually resided in Somalia);
(2) Have continuously resided in the
United States since September 4, 2001;
(3) Have been continuously physically
present in the United States since
September 4, 2001; and
(4) Be both admissible as an
immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not
ineligible for TPS under section
244(c)(2)(B) of the Act.
Additionally, you must be able to
demonstrate that during the initial
registration period for the redesignation
of TPS for Somalia (September 4, 2001
to December 3, 2001), 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 Somalia, should be
submitted to the Chicago, Illinois
address listed above.
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
VerDate Nov<24>2008
19:02 Jul 24, 2009
Jkt 217001
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?
Yes, you can lose your TPS benefits.
TPS and related benefits will be
withdrawn if you:
(1) Are not eligible for TPS,
(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.
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
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
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).
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 be granted
other immigration benefits, depending
on the circumstances. 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 for
adjustment or change of 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 Somalia (or aliens
having no nationality who last
habitually resided in Somalia) who
entered the United States after
September 4, 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
E:\FR\FM\27JYN1.SGM
27JYN1
37048
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices
of Somalia (or aliens having no
nationality who last habitually resided
in Somalia) must have continuously
resided and have been continuously
physically present in the United States
since September 4, 2001. See section
244(c)(1) of the Act, 8 U.S.C.
1254a(c)(1); see also 66 FR 46288 (Sept.
4, 2001).
Employment Authorization Document
Automatic Extension Guidelines
Who is eligible to receive an automatic
six-month EAD extension from
September 17, 2009 to March 17, 2010?
To receive an automatic six-month
extension of an EAD, an individual
must be a national of Somalia (or an
alien having no nationality who last
habitually resided in Somalia) who has
applied for and received an EAD under
the designation of Somalia for TPS and
who has not had TPS withdrawn or
denied. This automatic extension is
limited to EADs issued on Form I–766,
Employment Authorization Document,
bearing an expiration date of September
17, 2009. These EADs must also bear the
notation ‘‘A–12’’ or ‘‘C–19’’ on the face
of the card under ‘‘Category.’’
jlentini on DSKJ8SOYB1PROD with NOTICES
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. 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.
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 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
VerDate Nov<24>2008
19:02 Jul 24, 2009
Jkt 217001
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 March 17, 2011.
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
March 17, 2011.
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:
https://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.
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.
How may employers determine whether
an EAD has been automatically
extended for six months, through March
17, 2009, and is therefore an acceptable
document for completion of the Form I–
9, Employment Eligibility Verification?
An EAD that has been automatically
extended by this Notice through March
17, 2010 will bear the notation ‘‘A–12’’
or ‘‘C–19’’ on the face of the Form I–766
under ‘‘Category,’’ and have an
expiration date of September 17, 2009,
on the face of the card. New EADs or
extension stickers showing the March
17, 2009, expiration date of the sixmonth automatic extension will not be
issued. Employers should not request
proof of Somalian citizenship.
Employers should accept an EAD as a
valid ‘‘List A’’ document and not ask for
additional Form I–9 documentation if
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
presented with an EAD that has been
extended pursuant to this Federal
Register Notice, and the EAD reasonably
appears on its face to be genuine and to
relate to the employee. This extension
does not affect the right of an applicant
for employment or an employee to
present any legally acceptable document
as proof of identity and eligibility for
employment.
Note to Employers: Employers are
reminded that the laws requiring
employment eligibility verification and
prohibiting unfair immigration-related
employment practices remain in full force.
This Notice does not supersede or in any way
limit applicable employment verification
rules and policy guidance, including those
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 https://www.usdoj.gov/crt/
osc/.
How may employers determine an
employee’s eligibility for employment
once the automatic six-month extension
expires on March 17, 2010?
Eligible TPS aliens will possess an
EAD on Form I–766 with an extension
date of March 17, 2011. The EAD will
bear the notation ‘‘A–12’’ or ‘‘C–19’’ on
the face of the card under ‘‘Category,’’
and should be accepted for the purposes
of verifying identity and employment
authorization.
What documents may a qualified
individual show to his or her employer
as proof of employment authorization
and identity when completing Form I–9?
During the first six months of this
extension, qualified individuals who
have received a six-month automatic
extension of their EADs by virtue of this
Federal Register Notice may present
their TPS-based EADs to their
employers, as described above, as proof
of identity and employment
authorization through March 17, 2010.
To minimize confusion over this
extension at the time of hire or reverification, qualified individuals may
also present a copy of this Federal
Register Notice regarding the automatic
extension of employment authorization
documentation through March 17, 2010.
After March 17, 2010, a qualified
individual may present a new EAD
valid through March 17, 2011.
Individuals may also present any
other legally acceptable document or
combination of documents listed on the
E:\FR\FM\27JYN1.SGM
27JYN1
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices
Form I–9 as proof of identity and
employment eligibility.
[FR Doc. E9–17862 Filed 7–24–09; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
National Communications System
[Docket No. NCS–2009–0003]
President’s National Security
Telecommunications Advisory
Committee
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY: National Communications
System, DHS.
ACTION: Notice of an Open Advisory
Committee Meeting
SUMMARY: The President’s National
Security Telecommunications Advisory
Committee (NSTAC) will be meeting by
teleconference; the meeting will be open
to the public.
DATES: August 11, 2009, from 3 p.m.
until 4 p.m.
ADDRESSES: The meeting will take place
by teleconference. For access to the
conference bridge and meeting
materials, contact Ms. Sue Daage at
(703) 235–5526 or by e-mail at
sue.daage@dhs.gov by 5 p.m. August 4,
2009. If you desire to submit comments
regarding the August 11, 2009 meeting,
they must be submitted by July 29,
2009. Comments must be identified by
NCS–2009–0003 and may be submitted
by one of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: NSTAC1@dhs.gov. Include
docket number in the subject line of the
message.
Mail: Office of the Manager, National
Communications System (Government
Industry Planning and Management
Branch), Department of Homeland
Security, 245 Murray Lane, SW.,
Washington, DC 20598–0615; Fax: 1–
866–466–5370.
Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and NCS–2009–
0003, the docket number for this action.
Comments received will be posted
without alteration at https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received by the NSTAC, go to
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Sue Daage, Government Industry
Planning and Management Branch at
VerDate Nov<24>2008
19:02 Jul 24, 2009
Jkt 217001
(703) 235–5526, e-mail:
sue.daage@dhs.gov, or write the Deputy
Manager, National Communications
System, Department of Homeland
Security, 245 Murray Lane, SW.,
Washington, DC 20598–0615.
SUPPLEMENTARY INFORMATION: NSTAC
advises the President on issues and
problems related to implementing
national security and emergency
preparedness telecommunications
policy. Notice of this meeting is given
under the Federal Advisory Committee
Act (FACA), Public Law 92–463 (1972),
as amended appearing in 5 U.S.C. App.
2. At the upcoming open meeting, the
NSTAC Principals will receive
comments from government
stakeholders and updates on the
October Planning Meeting and the
Satellite Task Force. The NSTAC also
will discuss and vote on the 2009–2010
Work Plan.
Persons with disabilities who require
special assistance should indicate this
when arranging access to the
teleconference and are encouraged to
identify anticipated special needs as
early as possible.
Dated: July 21, 2009.
James Madon,
Director, National Communications System.
[FR Doc. E9–17806 Filed 7–24–09; 8:45 am]
BILLING CODE 9110–9P–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LL WO31000–L13100000.PP0000–24–1A;
OMB Control Number 1004–0185]
Information Collection; Oil and Gas
Exploration, Leasing, and Drainage
Operations
AGENCY: Bureau of Land Management,
Interior.
ACTION: 30-day Notice and Request for
Comments.
SUMMARY: The Bureau of Land
Management (BLM) has submitted an
information collection request to the
Office of Management and Budget
(OMB) for a 3-year extension of OMB
Control Number 1004–0185 under the
Paperwork Reduction Act. The
respondents are businesses which
provide certification and various
nonform data to the BLM in order to
conduct oil and gas exploration and
leasing activities.
DATES: The OMB is required to respond
to this information collection request
within 60 days but may respond after 30
days. Therefore, written comments
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
37049
should be received on or before August
26, 2009.
ADDRESSES: You may submit comments
directly to the Desk Officer for the
Department of the Interior (OMB #1004–
0185), Office of Management and
Budget, Office of Information and
Regulatory Affairs, fax 202–395–5806,
or by electronic mail at
oira_docket@omb.eop.gov. Please mail a
copy of your comments to: Bureau
Information Collection Clearance Officer
(WO–630), Department of the Interior,
1849 C Street, NW., Mail Stop 401 LS,
Washington, DC 20240.
You may also send a copy of your
comments by electronic mail to
jean_sonneman@blm.gov.
FOR FURTHER INFORMATION CONTACT:
Barbara Gamble, Division of Fluid
Minerals at 202–452–0338 (Commercial
or FTS).
SUPPLEMENTARY INFORMATION:
Title: Oil and Gas Exploration,
Leasing, and Drainage Operations (43
CFR parts 3100, 3120, 3150, 3162).
OMB Number: 1004–0185.
Form Number: 3100–11 (certification).
Abstract: The Bureau of Land
Management proposes to extend the
currently approved collections of
information, which enable it to
determine whether applicants are
qualified to conduct oil and gas
exploration and leasing activities, and
whether oil and gas leases are protected
from drainage.
60-Day Notice: On November 20,
2008, the BLM published a 60-day
notice (73 FR 70363) requesting
comments on the proposed information
collection. The comment period ended
on January 20, 2009. No comments were
received.
Current Action: This proposal is being
submitted to extend the expiration date
of July 31, 2009.
Type of Review: 3-year extension.
Affected Public: Businesses.
Obligation to Respond: Required to
obtain or retain benefits.
Estimated Number of Annual
Responses: 2,880
Estimated Number of Annual Burden
Hours: 6,835.
There is no filing fees associated with
these information collections. The BLM
requests comments on the following
subjects:
(1) Whether the collection of
information is necessary for the proper
functioning of the BLM, including
whether the information will have
practical utility;
(2) The accuracy of the BLM’s
estimate of the burden of collecting the
information, including the validity of
the methodology and assumptions used;
E:\FR\FM\27JYN1.SGM
27JYN1
]]>Agencies
[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Notices]
[Pages 37043-37049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17862]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2469-09; DHS Docket No. USCIS-2009-0003]
RIN 1615-ZA82
Extension of the Designation of Somalia for Temporary Protected
Status and Automatic Extension of Employment Authorization
Documentation for Somalian TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces that the Secretary of Homeland Security
has extended the designation of Somalia for temporary protected status
(TPS) for 18 months, from its current expiration date of September 17,
2009 through March 17, 2011. This Notice also sets forth procedures
necessary for nationals of Somalia (or aliens having no nationality who
last habitually resided in Somalia) with TPS to re-register with U.S.
Citizenship and Immigration Services (USCIS). Re-registration is
limited to persons who have previously registered for TPS under the
designation of Somalia and whose applications have been granted by or
remain pending with USCIS. Certain nationals of Somalia (or aliens
having no nationality who last habitually resided in Somalia) who have
not previously applied to USCIS for TPS may be eligible to apply under
the late initial registration provisions.
Given the timeframes involved with processing TPS re-registration
applications, the Department of Homeland Security (DHS) recognizes the
possibility that all re-registrants may not receive new EADs until
after their current EADs expire on September 17, 2009. Accordingly,
this Notice automatically extends the validity of EADs issued under the
TPS designation of Somalia for 6 months, through March 17, 2010, and
explains how TPS beneficiaries and their employers may determine which
EADs are automatically extended.
DATES: The extension of the TPS designation of Somalia is effective
September 18, 2009, and will remain in effect through March 17, 2011.
The 60-day re-registration period begins July 27, 2009, and will remain
in effect until September 25, 2009.
FOR FURTHER INFORMATION CONTACT: TPS Operations Program Manager, Status
[[Page 37044]]
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 TPS Notice. 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:
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 granted to eligible nationals of a
country designated for TPS under the Act (or to persons without
nationality who last habitually resided in the designated country).
During the period for which the Secretary has designated a country for
TPS, TPS beneficiaries are eligible to remain in the United States and
may obtain work authorization, so long as they continue to meet the
terms and conditions of their TPS status. 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 has 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 Somalia for TPS?
Section 244(b)(1) of the 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\
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 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,
Section 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, she must terminate the designation. Section 244(b)(3)(B)
of the Act, 8 U.S.C. 1254a(b)(3)(B).
Why was Somalia designated for TPS?
On September 16, 1991, the Attorney General published a notice in
the Federal Register, at 56 FR 46804, designating Somalia for TPS due
to ongoing armed conflict and extraordinary and temporary conditions
within the country. The Attorney General extended TPS for Somalia nine
times, determining in each instance that the conditions warranting the
designation continued to be met. 57 FR 32232 (July 21, 1992); 58 FR
48898 (Sept. 20, 1993); 59 FR 43359 (Aug. 23, 1994); 60 FR 39005 (July
31, 1995); 61 FR 39472 (July 29, 1996); 62 FR 41421 (Aug. 1, 1997); 63
FR 51602 (Sept. 28, 1998); 64 FR 49511 (Sept. 13, 1999); 65 FR 69789
(Nov. 20, 2000).
On September 4, 2001, the Attorney General redesignated Somalia for
TPS by publishing a notice in the Federal Register at 66 FR 46288,
based upon ongoing armed conflict and extraordinary and temporary
conditions within Somalia, which had worsened. Since that date, the
Attorney General and the Secretary of Homeland Security have extended
the TPS designation of Somalia six times based on determinations that
the conditions warranting the designation continued to be met. 67 FR
48950 (July 26, 2002); 68 FR 43147 (July 21, 2003); 69 FR 47937 (Aug.
6, 2004); 70 FR 43895 (July 29, 2005); 71 FR 42653 (July 27, 2006); 73
FR 13245 (Mar. 12, 2008).
Why is the Secretary extending the TPS designation for Somalia through
March 17, 2011?
Over the past year, DHS and the Department of State have continued
to review conditions in Somalia. Based on this review, the Secretary
has determined that an 18-month extension is warranted, because the
armed conflict is ongoing, and the extraordinary and temporary
conditions that prompted the September 4, 2001, redesignation persist.
Section 244(b)(1)(A), (C) of the Act; 8 U.S.C. 1254a(b)(1)(A), (C).
Somalia remains in a state of chaos characterized by the lack of
central government; a crippled economy, the absence of civil
structures, destruction of infrastructure; and generalized insecurity
in the form of banditry, kidnapping, looting, revenge killings,
targeted assassinations, suicide car-bombings, and inter-clan fighting.
Humanitarian efforts have been hindered by increasing targeted attacks
on humanitarian workers countrywide. In 2007, 6,500 civilians were
killed. An additional 2,136 civilians were killed in the first half of
2008. Almost 750,000 people fled Mogadishu to escape the fighting
between April and July 2008. Between January and August 2008, the
number of people in need of humanitarian assistance increased 77
percent, from 1.8 million to 3.2 million people. The intensifying
conflict, drought, increased food prices, the targeting of humanitarian
workers, and growing piracy off the Somali coast have exacerbated the
humanitarian toll on the Somali people.
Based upon her review, the Secretary has determined, after
consultation with the appropriate government agencies, that the
conditions that prompted the 2001 redesignation of Somalia for TPS
continue to be met. See section 244(b)(3)(A) of the Act; 8 U.S.C.
1254a(b)(3)(A). An ongoing armed conflict and extraordinary and
temporary conditions in Somalia prevent aliens who are nationals of
Somalia (or aliens having no nationality who last habitually resided in
Somalia) from returning in safety. The Secretary also has determined
that it is not contrary to the national interest of the United States
to permit aliens who meet the eligibility requirements of TPS to remain
in the United States temporarily. See section 244(b)(1)(C) of the Act.
On the basis of these findings and determinations, the Secretary
concludes that the designation of Somalia for TPS should be extended
for an additional 18-
[[Page 37045]]
month period. See section 244(b)(3)(C) of the Act, 8 U.S.C.
1254a(b)(3)(C). There are approximately 250 nationals of Somalia (or
aliens having no nationality who last habitually resided in Somalia)
who are eligible for TPS under this designation.
What Actions Should Qualifying Aliens Take Pursuant to This Notice?
To maintain TPS, a national of Somalia (or an alien having no
nationality who last habitually resided in Somalia) who was granted TPS
and who has not had TPS withdrawn or who has a pending application for
TPS must re-register for TPS during the 60-day re-registration period
from July 27, 2009 until September 25, 2009. 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 Somalia for TPS also
will be available at local USCIS offices upon publication of this
Notice and on the USCIS Web site at https://www.uscis.gov.
Notice of Extension of the TPS Designation of Somalia
By the authority vested in me as Secretary of Homeland Security
under section 244 of the Act, 8 U.S.C. 1254a, I have determined, after
consultation with the appropriate government agencies, that the
conditions that prompted the redesignation of Somalia for temporary
protected status (TPS) on September 4, 2001, continue to be met. See
section 244(b)(3)(A) of the Immigration and Nationality Act, 8 U.S.C.
1254a(b)(3)(A). I also have determined that it is not contrary to the
national interest of the United States to permit aliens who meet the
eligibility requirements of TPS to remain in the United States
temporarily. See section 244(b)(1)(C) of the Act. On the basis of these
determinations, I am extending the TPS designation of Somalia for 18
months from September 18, 2009, through March 17, 2011.
Dated: July 15, 2009.
Janet Napolitano,
Secretary.
Temporary Protected Status Filing Requirements
Do I need to re-register for TPS if I currently have benefits through
the designation of Somalia for TPS, and would like to maintain them?
Yes. If you already have received TPS benefits through the TPS
designation of Somalia, your benefits will expire on September 17,
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 March 17, 2011. 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 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 Employment Authorization Document (EAD)
during the most recent registration period, please submit a photocopy
of the front and back of your EAD.
Table 1--Application Forms and Application Fees
------------------------------------------------------------------------
If . . . And . . . Then . . .
------------------------------------------------------------------------
You are re-registering for You are applying for You must complete
TPS. an extension of and file the Form I-
your EAD valid 765, Application
through March 17, for Employment
2011. Authorization, with
the fee of $340 or
a fee waiver
request. You must
also submit Form I-
821, Application
for Temporary
Protected Status,
with no fee.
You are re-registering for You are NOT applying You must complete
TPS. for renewal of your and file the Form I-
EAD. 765 with no fee and
Form I-821 with no
fee. Note: DO NOT
check any box for
the question ``I am
applying for''
listed on Form I-
765, as you are NOT
requesting an EAD
benefit.
You are applying for TPS as You are applying for You must complete
a late initial registrant a TPS-related EAD. and file Form I-821
(see below) and you are with the $50 fee or
between the ages of 14 and fee waiver request.
65 (inclusive). You must also
submit Form I-765
with the fee of
$340 or a fee
waiver request.
You are applying for TPS as You are applying for You must complete
a late initial registrant a TPS-related EAD. and file Form I-821
and are under age 14 or with the $50 fee or
over age 65. fee waiver request.
You must also
submit Form I-765
with no fee.
You are applying for TPS as You are NOT applying You must complete
a late initial registrant, for an EAD. and file Form I-821
regardless of age. with the $50 fee or
fee waiver request.
You must also
submit Form
I[dash]765 with no
fee.
[[Page 37046]]
Your previous TPS You are applying to You must complete
application is still renew your and file the Form I-
pending. temporary treatment 765 with the fee of
benefits (i.e., an $340 or a fee
EAD with category waiver request. You
``C-19'' on its must also submit
face). Form I-821, 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 1. You are re- You must submit a
older. registering for Biometric Service
TPS, or fee of $80 or a fee
2. You are applying waiver request.
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 1. You are applying You do NOT need to
years of age. for an EAD, or submit a Biometric
2. You are NOT Service fee.
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 https://www.uscis.gov or by calling the
USCIS forms hotline at 1-800-870-3676.
Where should I submit my application for TPS?
Mail your application for TPS to the proper address in Table 3:
Table 3--Mailing Addresses
------------------------------------------------------------------------
Non-U.S. Postal Service
U.S. Postal Service deliveries . . . deliveries . . .
------------------------------------------------------------------------
U.S. Citizenship and Immigration U.S. Citizenship and
Services: Attn: TPS Somalia, P.O. Box Immigration Services: Attn:
8677, Chicago, IL 60680-8677. TPS Somalia, 131 S. Dearborn--
3rd Floor, Chicago, IL 60603-
5517.
------------------------------------------------------------------------
If an Immigration Judge or the Board of Immigration Appeals granted
you TPS, 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 e-mail address provided above is solely for
re-registration applicants who were granted TPS by Immigration Judges
or by the Board of Immigration Appeals to notify USCIS of their grant
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 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: https://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 separate sheet(s) of paper, and/or
of Form I-821 applies to you. additional documentation. Depending on
the nature of the question(s) you are
addressing, additional documentation
alone may suffice, but usually, a
written explanation will also be needed.
[[Page 37047]]
You were granted TPS by an You must include evidence of the grant of
Immigration Judge or the TPS (such as a final order from the
Board of Immigration Appeals Immigration Judge or decision of the
(BIA). BIA) 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 Somalia (or an alien who has no nationality
and who last habitually resided in Somalia);
(2) Have continuously resided in the United States since September
4, 2001;
(3) Have been continuously physically present in the United States
since September 4, 2001; and
(4) Be both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not ineligible for TPS under
section 244(c)(2)(B) of the Act.
Additionally, you must be able to demonstrate that during the
initial registration period for the redesignation of TPS for Somalia
(September 4, 2001 to December 3, 2001), 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 Somalia, should be submitted to the Chicago, Illinois
address listed above.
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?
Yes, you can lose your TPS benefits. TPS and related benefits will
be withdrawn if you:
(1) Are not eligible for TPS,
(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.
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).
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 be granted other
immigration benefits, depending on the circumstances. 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 for adjustment or change of 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 Somalia (or aliens having no nationality who last
habitually resided in Somalia) who entered the United States after
September 4, 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
[[Page 37048]]
of Somalia (or aliens having no nationality who last habitually resided
in Somalia) must have continuously resided and have been continuously
physically present in the United States since September 4, 2001. See
section 244(c)(1) of the Act, 8 U.S.C. 1254a(c)(1); see also 66 FR
46288 (Sept. 4, 2001).
Employment Authorization Document Automatic Extension Guidelines
Who is eligible to receive an automatic six-month EAD extension from
September 17, 2009 to March 17, 2010?
To receive an automatic six-month extension of an EAD, an
individual must be a national of Somalia (or an alien having no
nationality who last habitually resided in Somalia) who has applied for
and received an EAD under the designation of Somalia for TPS and who
has not had TPS withdrawn or denied. This automatic extension is
limited to EADs issued on Form I-766, Employment Authorization
Document, bearing an expiration date of September 17, 2009. These EADs
must also bear the notation ``A-12'' or ``C-19'' on the face of the
card under ``Category.''
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. 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.
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 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 March 17, 2011. 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 March 17, 2011.
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: https://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.
May I request an interim EAD at my local District Office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at District Offices.
How may employers determine whether an EAD has been automatically
extended for six months, through March 17, 2009, and is therefore an
acceptable document for completion of the Form I-9, Employment
Eligibility Verification?
An EAD that has been automatically extended by this Notice through
March 17, 2010 will bear the notation ``A-12'' or ``C-19'' on the face
of the Form I-766 under ``Category,'' and have an expiration date of
September 17, 2009, on the face of the card. New EADs or extension
stickers showing the March 17, 2009, expiration date of the six-month
automatic extension will not be issued. Employers should not request
proof of Somalian citizenship.
Employers should accept an EAD as a valid ``List A'' document and
not ask for additional Form I-9 documentation if presented with an EAD
that has been extended pursuant to this Federal Register Notice, and
the EAD reasonably appears on its face to be genuine and to relate to
the employee. This extension does not affect the right of an applicant
for employment or an employee to present any legally acceptable
document as proof of identity and eligibility for employment.
Note to Employers: Employers are reminded that the laws
requiring employment eligibility verification and prohibiting unfair
immigration-related employment practices remain in full force. This
Notice does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those 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 https://www.usdoj.gov/crt/osc/.
How may employers determine an employee's eligibility for employment
once the automatic six-month extension expires on March 17, 2010?
Eligible TPS aliens will possess an EAD on Form I-766 with an
extension date of March 17, 2011. The EAD will bear the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category,'' and should
be accepted for the purposes of verifying identity and employment
authorization.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9?
During the first six months of this extension, qualified
individuals who have received a six-month automatic extension of their
EADs by virtue of this Federal Register Notice may present their TPS-
based EADs to their employers, as described above, as proof of identity
and employment authorization through March 17, 2010. To minimize
confusion over this extension at the time of hire or re-verification,
qualified individuals may also present a copy of this Federal Register
Notice regarding the automatic extension of employment authorization
documentation through March 17, 2010. After March 17, 2010, a qualified
individual may present a new EAD valid through March 17, 2011.
Individuals may also present any other legally acceptable document
or combination of documents listed on the
[[Page 37049]]
Form I-9 as proof of identity and employment eligibility.
[FR Doc. E9-17862 Filed 7-24-09; 8:45 am]
BILLING CODE 9111-97-P
