Designation of Haiti for Temporary Protected Status, 3476-3479 [2010-1169]
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3476
Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices
Agenda: To review and evaluate grant
applications.
Place: Embassy Suites Hotel, 1250 22nd
Street, Washington, DC 20037.
Contact Person: Joann Mcconnell, PhD,
Scientific Review Administrator, Scientific
Review Branch, NIH/NINDS/Neuroscience
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Biological Basis Research in the
Neurosciences, National Institutes of Health,
HHS)
Dated: January 14, 2010.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
Dated: January 14, 2010.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[CIS No. 2491–10; DHS Docket No. USCIS]
National Institutes of Health
National Institute on Aging; Notice of
Closed Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of the following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The contract proposals and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
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proposals, the disclosure of which
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jlentini on DSKJ8SOYB1PROD with NOTICES
U.S. Citizenship and Immigration
Services
AGENCY: U.S. Citizenship and
Immigration Services, DHS.
ACTION: Notice.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Name of Committee: National Institute on
Aging Special Emphasis Panel; Clinical
Services.
Date: January 29, 2010.
Time: 2 p.m. to 3 p.m.
Agenda: To review and evaluate contract
proposals.
Place: National Institute on Aging,
Gateway Building, 7201 Wisconsin Avenue,
Suite 2C212, Bethesda, MD 20892.
(Telephone Conference Call)
Contact Person: Ramesh Vemuri, PhD,
Chief, Scientific Review Branch, National
Institute on Aging, National Institutes of
Health, 7201 Wisconsin Avenue, Suite 2C–
212, Bethesda, MD 20892, 301–402–7700,
rv23r@nih.gov.
This notice is being published less than 15
days prior to the meeting due to the timing
limitations imposed by the review and
funding cycle.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.866, Aging Research,
National Institutes of Health, HHS)
Jkt 220001
DEPARTMENT OF HOMELAND
SECURITY
Designation of Haiti for Temporary
Protected Status
BILLING CODE 4140–01–P
16:17 Jan 20, 2010
BILLING CODE 4140–01–P
RIN 1615–ZA96
[FR Doc. 2010–1053 Filed 1–20–10; 8:45 am]
VerDate Nov<24>2008
[FR Doc. 2010–1051 Filed 1–20–10; 8:45 am]
SUMMARY: The Department of Homeland
Security announces that the Secretary of
Homeland Security (Secretary) has
designated Haiti for temporary protected
status (TPS) for a period of 18 months.
Under section 244(b)(1) of the
Immigration and Nationality Act, the
Secretary is authorized to designate a
foreign state for TPS or parts of such
state upon finding that such state is
experiencing ongoing armed conflict, an
environmental disaster, or
‘‘extraordinary and temporary
conditions.’’ The Secretary may grant
TPS to individual nationals of the
designated foreign state (or to eligible
aliens having no nationality who last
habitually resided in such state) who
have been both continuously physically
present in the United States since the
effective date of the designation and
continually residing in the United States
since a date determined by the
Secretary, and who meet other
eligibility criteria. TPS is available only
to persons who were continuously
physically present in the United States
as of the effective date of the
designation.
Under this designation, Haitian
nationals (and aliens having no
nationality who last habitually resided
in Haiti) who have continuously resided
in the United States since January 12,
2010, and who remain in continual
physical presence in the United States
from the effective date of the notice,
may apply for TPS within the 180-day
registration period that begins on the
date of publication of the notice. These
nationals also may apply for
employment authorization documents
and for permission to depart from and
return to the United States.
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This notice also sets forth procedures
necessary for nationals of Haiti (or
aliens having no nationality who last
habitually resided in Haiti) to register
and to apply for TPS and employment
authorization documents with U.S.
Citizenship and Immigration Services.
DATES: This designation of Haiti for TPS
is effective on January 21, 2010, and
will remain in effect through July 22,
2011. The 180-day registration period
for eligible individuals to submit their
TPS applications begins January 21,
2010, and will remain in effect until
July 20, 2010.
FOR FURTHER INFORMATION CONTACT:
• For further information on TPS,
including guidance on the application
process and additional information on
eligibility, please visit the USCIS Web
site at https://www.uscis.gov. Select
‘‘Temporary Protected Status’’ from the
homepage under ‘‘Humanitarian.’’ You
can find detailed information about this
Haitian designation on our Web site at
the Haitian Questions & Answers
Section.
• Applicants seeking information
about the status of their individual cases
can check Case Status Online available
at the USCIS Web site (https://
www.uscis.gov), or call the USCIS
National Customer Service Center at 1–
800–375–5283 (TTY 1–800–767–1833).
• Further information will also be
available at local USCIS offices upon
publication of this Notice.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This
Document
ASC—USCIS Application Support Center
DHS—Department of Homeland Security
DOS—Department of State
EAD—Employment Authorization Document
Government—United States Government
INA—Immigration and Nationality Act
OSC—U.S. Department of Justice, Office of
Special Counsel for Immigration Related
Unfair Employment Practices
Secretary—Secretary of Homeland Security
TPS—Temporary Protected Status
USCIS—U.S. Citizenship and Immigration
Services
What Is Temporary Protected Status?
TPS is a temporary immigration status
granted to eligible nationals of a country
(or to persons without nationality who
last habitually resided in the designated
country) that the Secretary has
designated for TPS because the country
is experiencing an ongoing armed
conflict, an environmental disaster, or
extraordinary and temporary conditions.
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
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Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices
obtain work authorization, so long as
they continue to meet the terms and
conditions of their TPS status. The
granting of TPS is available only to
persons who were continuously
physically present in the United States
as of the effective date of this
designation and 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 obtained while registered for
TPS.
jlentini on DSKJ8SOYB1PROD with NOTICES
What Authority Does the Secretary of
Homeland Security Have To Designate
Haiti for TPS?
The Immigration and Nationality Act
(INA), authorizes the Secretary, after
consultation with appropriate agencies
of the government, to designate a foreign
State (or part thereof) for TPS.1 One of
the bases for TPS designation is ‘‘there
exist extraordinary and temporary
conditions in the foreign state that
prevent aliens who are nationals of the
state from returning to the state in
safety, unless [she] finds that permitting
the aliens to remain temporarily in the
United States is contrary to the national
interest of the United States.’’ INA
section 244(b)(1)(C) (emphasis added); 8
U.S.C. 1254a(b)(1)(C). The Secretary has
determined, after consulting with the
Department of State (DOS) and other
government agencies, that there exists in
Haiti ‘‘extraordinary and temporary
conditions,’’ preventing Haitian
nationals from returning to Haiti in
safety and that permitting eligible
Haitian nationals to remain temporarily
in the United States would not be
contrary to the national interest.
Following the designation of a
country for TPS, the Secretary may grant
TPS to eligible nationals of that foreign
State (or aliens having no nationality
who last habitually resided in that State)
who have been both continually
physically present in the United States
since the effective date of the notice and
continually residing in the United States
since a date determined by the
Secretary, and who meet all other
eligibility criteria. INA section
244(a)(1)(A) and (c); 8 U.S.C.
1 As of March 1, 2003, in accordance with section
1517 of title XV of the Homeland Security Act of
2002 (HSA), Public Law No. 107–296, 116 Stat.
2135, any reference to the Attorney General in a
provision of the Immigration and Nationality Act
describing functions transferred under the HSA
from the Department of Justice to the Department
of Homeland Security ‘‘shall be deemed to refer to
the Secretary’’ of Homeland Security. See 6 U.S.C.
557 (2003) (codifying HSA, tit. XV, sec. 1517).
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1254a(a)(1)(A) and (c). Persons
convicted of any felony, or two or more
misdemeanors, committed in the United
States are ineligible for TPS. Applicants
may also be ineligible if one of the bars
to asylum eligibility applies. Id. at
section 244(c)(2)(B)(i–ii).
Why Is the Secretary Designating Haiti
for TPS?
On January 12, 2010, Haiti was struck
by a 7.0-magnitude earthquake. DHS
and DOS have conducted an initial
review of the conditions in Haiti
following the earthquake. Based on this
review, the Secretary has determined to
designate Haiti for TPS for 18-months
pursuant to section 244(b)(1)(C) of the
INA for reasons discussed below. The
Department of State concurs in the
designation of Haiti for a period of 18
months.
The epicenter of the earthquake was
off the coast of Haiti, and only 17 km
from the capital, Port-au-Prince, an area
where some three million of the nation’s
nine million residents reside.
Aftershocks have been measured at 5.9
and 5.5 respectively, and more
aftershocks are expected.
Reports indicate that the earthquake
destroyed most of the capital city. Initial
estimates indicate that the death toll is
substantial. The International Red Cross
indicates that about three million
people—one-third of Haiti’s
population—have been affected by the
earthquake.
Reports also indicate that concrete
homes have collapsed and hospitals are
overflowing with victims. The
Presidential Palace, the Ministry of
Justice, Parliament, the tax office and
other government buildings, as well as
the United Nations headquarters, and
the World Bank offices are among the
buildings reported to be destroyed or
damaged. Hospitals and schools have
been destroyed. The Ministry of Public
Works and the Ministry of
Communication and Culture have also
been damaged.
The country’s critical infrastructure,
including its capacity for the provision
of electricity, water, and telephone
services, has been severely affected.
Food and water are increasingly scarce.
Fuel shortages are emerging as an
immediate concern.
There is limited access to the capital
city. Roads are blocked by debris and
other obstacles, and the collapse of the
Croix de Mission Bridge has cut off a
major artery between Port-au-Prince and
the northern part of the country, making
it more difficult to transport food, fresh
water, and medical supplies. Haiti’s
main airport in Port-au-Prince,
Toussaint L’Ouverture International
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Airport, also has suffered significant
damage that is hindering access to the
country.
Haiti has limited resources to cope
with a natural disaster, and now has
been struck by its strongest earthquake
in 200 years. Although a number of
organizations and countries have
pledged humanitarian aid, the
magnitude of the disaster is substantial.
Given the size of the destruction and
humanitarian challenges, there clearly
exist extraordinary and temporary
conditions preventing Haitian nationals
from returning to Haiti in safety.
Moreover, allowing eligible Haitian
nationals to remain temporarily in the
United States, as an important
complement to the U.S. government’s
wider disaster relief and humanitarian
aide response underway on the ground
in Haiti, would not be contrary to the
public interest.
DHS estimates that there are 100,000
to 200,000 nationals of Haiti (or
otherwise eligible aliens having no
nationality who last habitually resided
in Haiti) who are eligible for TPS under
this designation.
Designation of Haiti for TPS
Based upon these unique, specific,
and extreme factors, the Secretary has
determined, after consultation with the
appropriate Government agencies, that
there exist extraordinary and temporary
conditions in Haiti preventing aliens
who are nationals of Haiti from
returning to Haiti in safety. The
Secretary further finds that it is not
contrary to the national interest of the
United States to permit Haitian
nationals (or aliens having no
nationality who last habitually resided
in Haiti) who meet the eligibility
requirements of TPS to remain in the
United States temporarily. See INA
section 244(b)(1)(C); 8 U.S.C.
1254a(b)(1)(C). On the basis of these
findings and determinations, the
Secretary concludes that Haiti should be
designated for TPS for an 18-month
period. See INA section 244(b)(2)(B); 8
U.S.C. 1254a(b)(2)(B).
Nationals of Haiti (and aliens having
no nationality who last habitually
resided in Haiti) who have been
‘‘continuously physically present’’ in the
United States since January 21, 2010
and have ‘‘continuously resided’’ in the
United States since January 12, 2010,
may apply for TPS within the
registration period that begins on
January 21, 2010 and ends on July 20,
2010. Except as specifically provided in
this notice, applications for TPS by
nationals of Haiti (and aliens having no
nationality who last habitually resided
in Haiti) must be filed pursuant to the
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Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices
provisions of 8 CFR part 244. Aliens
who wish to apply for TPS must file an
Application for Temporary Protected
Status, Form I–821, together with an
Application for Employment
Authorization, Form I–765, in
accordance with the form’s instructions
and applicable regulations during the
registration period.
Janet Napolitano,
Secretary.
Required Application Forms and
Application Fees To Register for TPS
To register for TPS, an applicant must
submit two applications:
1. Form I–821, Application for
Temporary Protected Status, and pay
the Form I–821 application fee, which is
$50. If you are unable to pay the fee, you
may submit a fee waiver request with
appropriate documentation.
2. Form I–765, Application for
Employment Authorization.
• If you want an employment
authorization document (EAD), you
must pay the Form I–765 application
fee, which is $340, or submit a fee
waiver request.
• However, if you are filing an initial
TPS registration and you are under the
age of 14 or above the age of 65, you do
not pay the Form I–765 fee to obtain an
EAD.
• If you are not requesting an EAD,
you do not pay the Form I–765 fee.
3. Individuals who may apply for TPS
pursuant to this notice and who are in
removal proceedings will be provided
an opportunity to apply in accordance
with 8 CFR 244.7(d).
You must submit both applications
together. For more information on the
application forms and application fees
for TPS, please visit the USCIS Web site
at https://www.uscis.gov.
Biometric Services Fee
Biometrics (such as fingerprints) are
required for all applicants 14 years of
age or older. Those applicants must
submit a biometric services fee of $80.
If you are unable to pay the fee, you may
submit a fee waiver request with
appropriate documentation. For more
information on the biometric services
fee, please visit the USCIS Web site at
https://www.uscis.gov.
Mailing Information
Mail your application for TPS to the
proper address in Table 3:
TABLE 3—MAILING ADDRESSES
Residence
Filing location
If you live in the state of Florida ...............................................................
US Postal Service: USCIS, PO Box 4464, Chicago, IL 60680–4464.
For Express mail and courier deliveries: USCIS, Attn: Haiti TPS, 131
South Dearborn, 3rd Floor, Chicago, IL 60603–5520.
US Postal Service: USCIS, PO Box 660167, Dallas, TX 75266–0167.
For Express mail and courier deliveries: USCIS, Attn: Haiti TPS, 2501
S. State Hwy. 121 Business, Suite 400, Lewisville, TX 75067.
US Postal Service: USCIS, PO Box 24047, Phoenix, AZ 85074–4047.
For Express mail and courier deliveries: USCIS, Attn: Haiti TPS, 1820
E. Skyharbor Circle S, Suite 100, Phoenix, AZ 85034.
If you live in the state of New York ..........................................................
All other ....................................................................................................
E-Filing
You cannot E-file your application
when applying for initial registration for
TPS. Please mail your application to the
mailing address listed in Table 3 above.
Supporting Documents
jlentini on DSKJ8SOYB1PROD with NOTICES
What type of basic supporting
documentation must I submit?
To meet the basic eligibility
requirements for TPS, you must submit
evidence that you:
• Are a national of Haiti or an alien
of no nationality who last habitually
resided in Haiti (such as a copy of your
passport, birth certificate with English
translation, etc.);
• Continually resided in the United
States since January 12, 2010 (see 8 CFR
244.9(a)(2));
• Have been continually physically
present in the United States since
January 21, 2010; and
• Two color passport-style
photographs of yourself.
The filing instructions on Form I–821,
Application for Temporary Protected
Status, list all the documents needed to
establish basic eligibility for TPS.
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Do I need to submit additional
supporting documentation?
If one or more of the questions listed
in Part 4, Question 2 of the Form I–821
applies to you, then 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.
Employment Authorization Document
(EAD)
May I request an interim EAD at my
local USCIS office?
No. USCIS will not issue interim
EADs to TPS applicants at USCIS local
offices.
What documents may a qualified
individual show to his or her employer
as proof of employment authorization
and identity when completing Form I–9,
Employment Eligibility Verification?
TPS beneficiaries under the
designation of Haiti who have timely
registered with USCIS as directed under
this Notice and obtained an EAD, may
present their valid EAD to their
employers as proof of employment
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authorization and identity. Employers
may not accept EADs that are no longer
valid.
Individuals may also present any
other legally acceptable document or
combination of documents listed on the
Form I–9 as proof of identity and
employment eligibility.
Note to Employers
Employers are reminded that the laws
requiring employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
notice does not supersede or in any way
limit applicable employment
verification rules and policy guidance,
including those rules setting forth reverification 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.
Note to Employees
Employees or applicants may call the
OSC Employee Hotline at 1–800–255–
7688 for information. Additional
information is available on the OSC
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Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices
Web site at https://www.justice.gov/crt/
osc/index.php.
it voluntarily surrendered its license to
originate mortgages.
[FR Doc. 2010–1169 Filed 1–20–10; 8:45 am]
2. Americare Investment Group, Inc.
d/b/a/Premiere Capital Lending,
Arlington, TX [Docket No. 08–8082–MR]
Action: On October 8, 2009, the Board
entered into a settlement with
Americare Investment Group, Inc’s.,
d/b/a Premiere Capital Lending
(Americare) requiring, without the
admission of fault or liability, the
payment of a civil money penalty of
$124,000 and placing Americare on
probation for a period of six months.
During the period of probation,
Americare will be required to obtain
and provide to HUD post-closing
reviews on all construction-topermanent loans closed during the
period.
Cause: The Board took this action
based on the following violations of
HUD/FHA requirements alleged by
HUD: (1) Failing to include required
loan documents and information and (2)
failing to ensure that the maximum
mortgage amount was properly
calculated, resulting in over-insured
mortgages.
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5364–N–01]
Mortgagee Review Board:
Administrative Actions
AGENCY: Office of the Assistant
Secretary for Housing-Federal Housing
Commissioner, Department of Housing
and Urban Development (HUD).
ACTION: Notice.
SUMMARY: In compliance with Section
202(c) of the National Housing Act, this
notice advises of the cause and
description of administrative actions
taken by HUD’s Mortgagee Review
Board against HUD-approved
mortgagees.
FOR FURTHER INFORMATION CONTACT: Julie
Shaffer, Acting Secretary to the
Mortgagee Review Board, 451 Seventh
Street, SW., Room 3150, Washington,
DC 20410–8000; telephone: (215) 861–
7216. A Telecommunications Device for
Hearing- and Speech-Impaired
Individuals (TTY) is available at (800)
877–8339 (Federal Information Relay
Service).
Section
202(c)(5) of the National Housing Act
(added by Section 142 of the
Department of Housing and Urban
Development Reform Act of 1989, Pub.
L. 101–235, approved December 15,
1989), requires that HUD ‘‘publish a
description of and the cause for
administrative action against a HUDapproved mortgagee’’ by the
Department’s Mortgagee Review Board
(Board). In compliance with the
requirements of Section 202(c)(5), this
notice advises of actions that have been
taken by the Board from July 10, 2008
to August 4, 2009.
SUPPLEMENTARY INFORMATION:
I. Settlement Agreements, Civil Money
Penalties, Withdrawal of FHA
Approval, Suspensions, Probations,
Reinstatement and Reprimand
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1. Ascella Mortgage, LLC, Manchester,
CT [Docket No. 09–9610–MR]
Action: On August 4, 2009, the Board
voted to immediately withdraw Ascella
Mortgage LLC’s (Ascella) FHA approval
for a period of one year.
Cause: The Board took this action
based on the following violation of
HUD/FHA requirements alleged by
HUD: Ascella failed to notify HUD that
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16:17 Jan 20, 2010
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3. Beneficial Mortgage Corp., San Juan,
PR [Docket No. 09–9626–MR]
Action: On June 3, 2009, the Board
immediately suspended Beneficial
Mortgage’s (Beneficial) FHA approval
pending the outcome of a HUD review
and any ensuing legal proceedings.
Cause: The Board took this action
based on the following violation of
HUD/FHA requirements alleged by
HUD: Beneficial failed to notify HUD of
a business change affecting the
information upon which Beneficial was
originally approved. Specifically,
Beneficial failed to notify HUD that it
was the subject of an investigation by
the Puerto Rico Financial Institutions
Commissioner’s Office.
4. Community Home Lending, Inc.,
Birmingham, AL [Docket No. 09–8041–
MR]
Action: On July 1, 2009, the Board
entered into a settlement agreement
with Community Home Lending, Inc.’s
(Community) requiring Community to
pay a civil money penalty in the amount
of $11,500 without admitting fault or
liability.
Cause: The Board took this action
based on the following violations of
HUD/FHA requirements alleged by
HUD: Community violated third party
origination restrictions by allowing nonemployees to originate FHA-insured
mortgages; allowed an employee to
originate FHA-insured mortgages and
simultaneously work in the fields of
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property management and real estate;
failed to maintain a quality control (QC)
plan conforming to all HUD/FHA
requirements, including allowing its
reviews to be conducted by a loan
officer; and failing to conduct QC
reviews in 15 early default cases.
5. Eagle Nationwide Mortgage Company,
Chadds Ford, PA [Docket No. 09–9003–
MR]
Action: On July 29, 2009, the Board
entered into a settlement agreement
with Eagle Nationwide Mortgage
Company’s (Eagle) requiring Eagle to
pay a $3,500 civil money penalty
without admitting fault or liability.
Cause: The Board took this action
based on the following violations of
HUD/FHA requirements alleged by
HUD: Eagle distributed a direct mail
solicitation which improperly used the
name of the Federal Housing
Administration, thereby implying FHA
endorsement of Eagle’s programs.
Additionally, the text of the
advertisement implied that Eagle
employed FHA personnel.
6. Golden First Mortgage Corp., Great
Neck, New York [Docket No. 09–9625–
MR]
Action: On June 3, 2009, the Board
immediately suspended Golden First
Mortgage’s (Golden First) FHA approval
pending the outcome of the Office of
Inspector General’s investigation and
any ensuing legal proceedings.
Cause: The Board took this action
based on the following violations of
HUD/FHA requirements alleged by
HUD: Golden First failed to notify HUD
of a business change affecting the
information upon which Golden First
was originally approved. Specifically,
Golden First Mortgage failed to notify
HUD that its president was under
investigation by the Office of Thrift
Supervision, U.S. Department of
Treasury, and was a party to a civil
money penalty proceeding.
7. Great Country Mortgage Bankers,
Corp., Coral Gables, FL [Docket No. 09–
9618–MR]
Action: On June 3, 2009, the Board
immediately suspended Great Country
Mortgage Bankers Corporation’s (Great
Country) FHA approval pending the
outcome of a HUD review and any
ensuing legal proceedings.
Cause: The Board took this action
based on the following violations of
HUD/FHA requirements alleged by
HUD: Great Country failed to implement
a QC plan in compliance with HUD/
FHA requirements by failing to conduct
QC reviews on loans defaulting within
six months of origination; failed to
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]]>Agencies
[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Notices]
[Pages 3476-3479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1169]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2491-10; DHS Docket No. USCIS]
RIN 1615-ZA96
Designation of Haiti for Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security announces that the
Secretary of Homeland Security (Secretary) has designated Haiti for
temporary protected status (TPS) for a period of 18 months. Under
section 244(b)(1) of the Immigration and Nationality Act, the Secretary
is authorized to designate a foreign state for TPS or parts of such
state upon finding that such state is experiencing ongoing armed
conflict, an environmental disaster, or ``extraordinary and temporary
conditions.'' The Secretary may grant TPS to individual nationals of
the designated foreign state (or to eligible aliens having no
nationality who last habitually resided in such state) who have been
both continuously physically present in the United States since the
effective date of the designation and continually residing in the
United States since a date determined by the Secretary, and who meet
other eligibility criteria. TPS is available only to persons who were
continuously physically present in the United States as of the
effective date of the designation.
Under this designation, Haitian nationals (and aliens having no
nationality who last habitually resided in Haiti) who have continuously
resided in the United States since January 12, 2010, and who remain in
continual physical presence in the United States from the effective
date of the notice, may apply for TPS within the 180-day registration
period that begins on the date of publication of the notice. These
nationals also may apply for employment authorization documents and for
permission to depart from and return to the United States.
This notice also sets forth procedures necessary for nationals of
Haiti (or aliens having no nationality who last habitually resided in
Haiti) to register and to apply for TPS and employment authorization
documents with U.S. Citizenship and Immigration Services.
DATES: This designation of Haiti for TPS is effective on January 21,
2010, and will remain in effect through July 22, 2011. The 180-day
registration period for eligible individuals to submit their TPS
applications begins January 21, 2010, and will remain in effect until
July 20, 2010.
FOR FURTHER INFORMATION CONTACT:
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS Web site at https://www.uscis.gov. Select ``Temporary
Protected Status'' from the homepage under ``Humanitarian.'' You can
find detailed information about this Haitian designation on our Web
site at the Haitian Questions & Answers Section.
Applicants seeking information about the status of their
individual cases can check Case Status Online available at the USCIS
Web site (https://www.uscis.gov), or call the USCIS National Customer
Service Center at 1-800-375-5283 (TTY 1-800-767-1833).
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
Government--United States Government
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration Related Unfair Employment Practices
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
What Is Temporary Protected Status?
TPS is a temporary immigration status granted to eligible nationals
of a country (or to persons without nationality who last habitually
resided in the designated country) that the Secretary has designated
for TPS because the country is experiencing an ongoing armed conflict,
an environmental disaster, or extraordinary and temporary conditions.
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
[[Page 3477]]
obtain work authorization, so long as they continue to meet the terms
and conditions of their TPS status. The granting of TPS is available
only to persons who were continuously physically present in the United
States as of the effective date of this designation and 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 obtained while registered for TPS.
What Authority Does the Secretary of Homeland Security Have To
Designate Haiti for TPS?
The Immigration and Nationality Act (INA), authorizes the
Secretary, after consultation with appropriate agencies of the
government, to designate a foreign State (or part thereof) for TPS.\1\
One of the bases for TPS designation is ``there exist extraordinary and
temporary conditions in the foreign state that prevent aliens who are
nationals of the state from returning to the state in safety, unless
[she] finds that permitting the aliens to remain temporarily in the
United States is contrary to the national interest of the United
States.'' INA section 244(b)(1)(C) (emphasis added); 8 U.S.C.
1254a(b)(1)(C). The Secretary has determined, after consulting with the
Department of State (DOS) and other government agencies, that there
exists in Haiti ``extraordinary and temporary conditions,'' preventing
Haitian nationals from returning to Haiti in safety and that permitting
eligible Haitian nationals to remain temporarily in the United States
would not be contrary to the national interest.
---------------------------------------------------------------------------
\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002 (HSA), Public Law No.
107-296, 116 Stat. 2135, any reference to the Attorney General in a
provision of the Immigration and Nationality Act describing
functions transferred under the HSA from the Department of Justice
to the Department of Homeland Security ``shall be deemed to refer to
the Secretary'' of Homeland Security. See 6 U.S.C. 557 (2003)
(codifying HSA, tit. XV, sec. 1517).
---------------------------------------------------------------------------
Following the designation of a country for TPS, the Secretary may
grant TPS to eligible nationals of that foreign State (or aliens having
no nationality who last habitually resided in that State) who have been
both continually physically present in the United States since the
effective date of the notice and continually residing in the United
States since a date determined by the Secretary, and who meet all other
eligibility criteria. INA section 244(a)(1)(A) and (c); 8 U.S.C.
1254a(a)(1)(A) and (c). Persons convicted of any felony, or two or more
misdemeanors, committed in the United States are ineligible for TPS.
Applicants may also be ineligible if one of the bars to asylum
eligibility applies. Id. at section 244(c)(2)(B)(i-ii).
Why Is the Secretary Designating Haiti for TPS?
On January 12, 2010, Haiti was struck by a 7.0-magnitude
earthquake. DHS and DOS have conducted an initial review of the
conditions in Haiti following the earthquake. Based on this review, the
Secretary has determined to designate Haiti for TPS for 18-months
pursuant to section 244(b)(1)(C) of the INA for reasons discussed
below. The Department of State concurs in the designation of Haiti for
a period of 18 months.
The epicenter of the earthquake was off the coast of Haiti, and
only 17 km from the capital, Port-au-Prince, an area where some three
million of the nation's nine million residents reside. Aftershocks have
been measured at 5.9 and 5.5 respectively, and more aftershocks are
expected.
Reports indicate that the earthquake destroyed most of the capital
city. Initial estimates indicate that the death toll is substantial.
The International Red Cross indicates that about three million people--
one-third of Haiti's population--have been affected by the earthquake.
Reports also indicate that concrete homes have collapsed and
hospitals are overflowing with victims. The Presidential Palace, the
Ministry of Justice, Parliament, the tax office and other government
buildings, as well as the United Nations headquarters, and the World
Bank offices are among the buildings reported to be destroyed or
damaged. Hospitals and schools have been destroyed. The Ministry of
Public Works and the Ministry of Communication and Culture have also
been damaged.
The country's critical infrastructure, including its capacity for
the provision of electricity, water, and telephone services, has been
severely affected. Food and water are increasingly scarce. Fuel
shortages are emerging as an immediate concern.
There is limited access to the capital city. Roads are blocked by
debris and other obstacles, and the collapse of the Croix de Mission
Bridge has cut off a major artery between Port-au-Prince and the
northern part of the country, making it more difficult to transport
food, fresh water, and medical supplies. Haiti's main airport in Port-
au-Prince, Toussaint L'Ouverture International Airport, also has
suffered significant damage that is hindering access to the country.
Haiti has limited resources to cope with a natural disaster, and
now has been struck by its strongest earthquake in 200 years. Although
a number of organizations and countries have pledged humanitarian aid,
the magnitude of the disaster is substantial.
Given the size of the destruction and humanitarian challenges,
there clearly exist extraordinary and temporary conditions preventing
Haitian nationals from returning to Haiti in safety. Moreover, allowing
eligible Haitian nationals to remain temporarily in the United States,
as an important complement to the U.S. government's wider disaster
relief and humanitarian aide response underway on the ground in Haiti,
would not be contrary to the public interest.
DHS estimates that there are 100,000 to 200,000 nationals of Haiti
(or otherwise eligible aliens having no nationality who last habitually
resided in Haiti) who are eligible for TPS under this designation.
Designation of Haiti for TPS
Based upon these unique, specific, and extreme factors, the
Secretary has determined, after consultation with the appropriate
Government agencies, that there exist extraordinary and temporary
conditions in Haiti preventing aliens who are nationals of Haiti from
returning to Haiti in safety. The Secretary further finds that it is
not contrary to the national interest of the United States to permit
Haitian nationals (or aliens having no nationality who last habitually
resided in Haiti) who meet the eligibility requirements of TPS to
remain in the United States temporarily. See INA section 244(b)(1)(C);
8 U.S.C. 1254a(b)(1)(C). On the basis of these findings and
determinations, the Secretary concludes that Haiti should be designated
for TPS for an 18-month period. See INA section 244(b)(2)(B); 8 U.S.C.
1254a(b)(2)(B).
Nationals of Haiti (and aliens having no nationality who last
habitually resided in Haiti) who have been ``continuously physically
present'' in the United States since January 21, 2010 and have
``continuously resided'' in the United States since January 12, 2010,
may apply for TPS within the registration period that begins on January
21, 2010 and ends on July 20, 2010. Except as specifically provided in
this notice, applications for TPS by nationals of Haiti (and aliens
having no nationality who last habitually resided in Haiti) must be
filed pursuant to the
[[Page 3478]]
provisions of 8 CFR part 244. Aliens who wish to apply for TPS must
file an Application for Temporary Protected Status, Form I-821,
together with an Application for Employment Authorization, Form I-765,
in accordance with the form's instructions and applicable regulations
during the registration period.
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees To Register for TPS
To register for TPS, an applicant must submit two applications:
1. Form I-821, Application for Temporary Protected Status, and pay
the Form I-821 application fee, which is $50. If you are unable to pay
the fee, you may submit a fee waiver request with appropriate
documentation.
2. Form I-765, Application for Employment Authorization.
If you want an employment authorization document (EAD),
you must pay the Form I-765 application fee, which is $340, or submit a
fee waiver request.
However, if you are filing an initial TPS registration and
you are under the age of 14 or above the age of 65, you do not pay the
Form I-765 fee to obtain an EAD.
If you are not requesting an EAD, you do not pay the Form
I-765 fee.
3. Individuals who may apply for TPS pursuant to this notice and
who are in removal proceedings will be provided an opportunity to apply
in accordance with 8 CFR 244.7(d).
You must submit both applications together. For more information on
the application forms and application fees for TPS, please visit the
USCIS Web site at https://www.uscis.gov.
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee of $80. If you are unable to pay the fee, you may submit a
fee waiver request with appropriate documentation. For more information
on the biometric services fee, please visit the USCIS Web site at
https://www.uscis.gov.
Mailing Information
Mail your application for TPS to the proper address in Table 3:
Table 3--Mailing Addresses
------------------------------------------------------------------------
Residence Filing location
------------------------------------------------------------------------
If you live in the state of Florida.... US Postal Service: USCIS, PO
Box 4464, Chicago, IL 60680-
4464.
For Express mail and courier
deliveries: USCIS, Attn: Haiti
TPS, 131 South Dearborn, 3rd
Floor, Chicago, IL 60603-5520.
If you live in the state of New York... US Postal Service: USCIS, PO
Box 660167, Dallas, TX 75266-
0167.
For Express mail and courier
deliveries: USCIS, Attn: Haiti
TPS, 2501 S. State Hwy. 121
Business, Suite 400,
Lewisville, TX 75067.
All other.............................. US Postal Service: USCIS, PO
Box 24047, Phoenix, AZ 85074-
4047.
For Express mail and courier
deliveries: USCIS, Attn: Haiti
TPS, 1820 E. Skyharbor Circle
S, Suite 100, Phoenix, AZ
85034.
------------------------------------------------------------------------
E-Filing
You cannot E-file your application when applying for initial
registration for TPS. Please mail your application to the mailing
address listed in Table 3 above.
Supporting Documents
What type of basic supporting documentation must I submit?
To meet the basic eligibility requirements for TPS, you must submit
evidence that you:
Are a national of Haiti or an alien of no nationality who
last habitually resided in Haiti (such as a copy of your passport,
birth certificate with English translation, etc.);
Continually resided in the United States since January 12,
2010 (see 8 CFR 244.9(a)(2));
Have been continually physically present in the United
States since January 21, 2010; and
Two color passport-style photographs of yourself.
The filing instructions on Form I-821, Application for Temporary
Protected Status, list all the documents needed to establish basic
eligibility for TPS.
Do I need to submit additional supporting documentation?
If one or more of the questions listed in Part 4, Question 2 of the
Form I-821 applies to you, then 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.
Employment Authorization Document (EAD)
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to TPS applicants at USCIS
local offices.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9, Employment Eligibility Verification?
TPS beneficiaries under the designation of Haiti who have timely
registered with USCIS as directed under this Notice and obtained an
EAD, may present their valid EAD to their employers as proof of
employment authorization and identity. Employers may not accept EADs
that are no longer valid.
Individuals may also present any other legally acceptable document
or combination of documents listed on the Form I-9 as proof of identity
and employment eligibility.
Note to Employers
Employers are reminded that the laws requiring employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those rules setting forth re-
verification requirements. For questions, employers may call the USCIS
Customer Assistance Office at 1-800-357-2099. 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.
Note to Employees
Employees or applicants may call the OSC Employee Hotline at 1-800-
255-7688 for information. Additional information is available on the
OSC
[[Page 3479]]
Web site at https://www.justice.gov/crt/osc/index.php.
[FR Doc. 2010-1169 Filed 1-20-10; 8:45 am]
BILLING CODE 9111-97-P
