Extension of the Designation of Nicaragua for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation for Nicaraguan TPS Beneficiaries, 24737-24740 [2010-10619]
Download as PDF
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices
for additional Form I–9 documentation
if presented with an EAD that has been
automatically extended or a new valid
EAD pursuant to this Federal Register
notice, and the EAD reasonably appears
on its face to be genuine and to relate
to the employee. Employees also may
present any other legally acceptable
document or combination of documents
listed on the Form I–9 as proof of
identity and employment eligibility.
Note to Employers
Employers are reminded that the laws
requiring employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
Notice does not supersede or in any way
limit applicable employment
verification rules and policy guidance,
including those rules setting forth 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 regarding the
automatic extension. Additional
information is available on the OSC
Web site at https://www.justice.gov/crt/
osc/.
[FR Doc. 2010–10620 Filed 5–4–10; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
Citizenship and Immigration Services
[CIS No. 2488–09; DHS Docket No. USCIS
2010–0031]
RIN 1615–ZA94
sroberts on DSKD5P82C1PROD with NOTICES
Extension of the Designation of
Nicaragua for Temporary Protected
Status and Automatic Extension of
Employment Authorization
Documentation for Nicaraguan TPS
Beneficiaries
AGENCY: U.S. Citizenship and
Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
SUMMARY: This Notice announces that
the Secretary of Homeland Security
(Secretary) has extended the designation
of Nicaragua for temporary protected
status (TPS) for 18 months from its
current expiration date of July 5, 2010,
VerDate Mar<15>2010
20:52 May 04, 2010
Jkt 220001
through January 5, 2012. This Notice
also sets forth procedures necessary for
nationals of Nicaragua (or aliens having
no nationality who last habitually
resided in Nicaragua) with TPS to reregister and to apply for an extension of
their employment authorization
documents (EADs) with U.S.
Citizenship and Immigration Services
(USCIS). Re-registration is limited to
persons who previously registered for
TPS under the designation of Nicaragua
and whose applications have been
granted or remain pending. Certain
nationals of Nicaragua (or aliens having
no nationality who last habitually
resided in Nicaragua) who have not
previously applied for TPS may be
eligible to apply under the late initial
registration provisions.
New EADs with a January 5, 2012,
expiration date will be issued to eligible
TPS beneficiaries who timely re-register
and apply for EADs. Given the
timeframes involved with processing
TPS re-registration applications, the
Department of Homeland Security
recognizes the possibility that all reregistrants may not receive new EADs
until after their current EADs expire on
July 5, 2010. Accordingly, this Notice
automatically extends the validity of
EADs issued under the TPS designation
of Nicaragua for 6 months, through
January 5, 2011, and explains how TPS
beneficiaries and their employers may
determine which EADs are
automatically extended.
DATES: The extension of the TPS
designation of Nicaragua is effective
July 6, 2010, and will remain in effect
through January 5, 2012. The 60-day reregistration period begins May 5, 2010,
and will remain in effect until July 6,
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. You can find detailed
information about this TPS extension on
our Web site at the Nicaraguan
Questions & Answers Section.
• You can also contact the TPS
Operations Program Manager, Status
and Family Branch, Service Center
Operations Directorate, 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. Note: The phone
number provided here is solely for
questions regarding this TPS notice. It is
not for individual case status inquiries.
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24737
Applicants seeking information about
the status of their individual cases can
check Case Status Online available at
the USCIS Web site at 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
Act—Immigration and Nationality Act
DHS—Department of Homeland
Security
DOS—Department of State
EAD—Employment Authorization
Document
OSC—U.S. Department of Justice, Office
of Special Counsel for Immigration
Related Unfair Employment Practices
PRRAC—European Union’s Regional
Program for the Reconstruction of
Central America
Secretary—Secretary of Homeland
Security
TPS—Temporary Protected Status
USCIS—U.S. Citizenship and
Immigration Services
What is Temporary Protected Status?
• TPS is an immigration status
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 obtained while registered for
TPS.
What authority does the Secretary of
Homeland Security have to extend the
designation of Nicaragua for TPS?
Section 244(b)(1) of the Immigration
and Nationality Act (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
1 As of March 1, 2003, in accordance with section
1517 of title XV of the Homeland Security Act of
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05MYN1
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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices
The Secretary may then grant TPS to
eligible nationals of that foreign State
(or aliens having no nationality who last
habitually resided in that State). Section
244(a)(1)(A) of the Act, 8 U.S.C.
1254a(a)(1)(A).
At least 60 days before the expiration
of a TPS designation, the Secretary, after
consultation 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. Section
244(b)(3)(A), (C) of the Act, 8 U.S.C.
1254a(b)(3)(A), (C). If the Secretary
determines that the foreign State no
longer meets the conditions for the TPS
designation, the Secretary must
terminate the designation. Section
244(b)(3)(B) of the Act, 8 U.S.C.
1254a(b)(3)(B).
When was Nicaragua designated for
TPS?
On January 5, 1999, the Attorney
General designated Nicaragua for TPS
based on an environmental disaster
within that country, specifically the
devastation resulting from Hurricane
Mitch. 64 FR 526. See section
244(a)(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B). The last extension of
TPS for Nicaragua was announced on
October 1, 2008, based on the
Secretary’s determination that the
conditions warranting the designation
continued to be met. 73 FR 57138. This
announcement is the ninth extension of
TPS for Nicaragua.
Why is the Secretary extending the TPS
designation for Nicaragua through
January 5, 2012?
sroberts on DSKD5P82C1PROD with NOTICES
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in
Nicaragua. Based on this review, and
after consulting with the Department of
State, the Secretary has determined that
an 18-month extension is warranted
because there continues to be a
substantial, but temporary, disruption of
living conditions in Nicaragua resulting
from Hurricane Mitch, and Nicaragua
remains unable, temporarily, to
adequately handle the return of its
nationals.
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 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).
VerDate Mar<15>2010
20:52 May 04, 2010
Jkt 220001
Hurricane Mitch resulted in the loss
of thousands of lives, displacement of
thousands more, collapse of physical
infrastructure, and severe damage to the
country’s economic system. See 64 FR
526 (Jan. 5, 1999) (discussing
devastation caused by Hurricane Mitch).
The government and people of
Nicaragua continue to rely heavily on
international assistance, and recovery
from Hurricane Mitch is still
incomplete.
Nicaragua has not fully recovered
from Hurricane Mitch. The regions most
devastated by Hurricane Mitch, the
mountainous north and the isolated
Atlantic coast, continue to be the
poorest and least developed in the
country. Most rural roads in these
regions have not been properly
rehabilitated since Hurricane Mitch.
Despite Millennium Challenge
Corporation-sponsored road projects in
some of the more populous areas of
eastern Chinandega Department along
the Honduran border, rural feeder roads
remain in poor condition. They remain
impassible during the rainy season. A
significant number of the 90 health
centers and 400 health posts in isolated
rural areas destroyed by Mitch have not
been rebuilt. Some of the over 500
primary schools that suffered structural
damage due to Mitch are still unusable.
In addition, more recent natural
disasters have slowed the recovery from
Hurricane Mitch. In September 2007,
Hurricane Felix, a category 5 storm,
struck the area affected by Hurricane
Mitch and was followed by heavy rains
and flooding. More than 20,450 homes,
along with 100 schools, clinics,
community centers, and churches were
destroyed, and 130 people died.
Tropical depression Alma followed in
May 2008 and further exacerbated the
damage caused by the earlier storms.
Nicaragua continues to suffer from
chronic poverty and food
insufficiencies, which have
compounded recovery challenges.
Environmental disasters have destroyed
over 100,000 acres of crops. In addition,
continued environmental disasters have
damaged water supplies, leaving whole
communities lacking potable water.
According to the United Nations World
Food Programme (WFP), these recurring
environmental disasters destroyed the
country’s economic base.
Approximately 48% of the population
lives below the poverty line, and
approximately 17% live in extreme
poverty.
Nicaragua is also currently unable to
handle adequately the return of
thousands of its nationals who now
have TPS in the United States, but no
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Sfmt 4703
other immigration status. Their return
would aggravate Nicaragua’s
deteriorating economy by increasing
unemployment already exacerbated by
the recent global economic crisis.
Economic development has also been
hindered and disrupted by electoral
fraud and weak and poorly constructed
infrastructure, such as the poor
condition of rural roads. Nicaragua
remains ill-equipped to handle
adequately the return of Nicaraguans
currently in the United States who are
TPS beneficiaries.
Based on this review and after
consultation with the appropriate
Government agencies, the Secretary
finds that:
• The conditions that prompted the
January 5, 1999, designation of
Nicaragua for TPS continue to be met.
See section 244(b)(3)(A) of the Act, 8
U.S.C. 1254a(b)(3)(A).
• There continues to be a substantial,
but temporary, disruption in living
conditions in Nicaragua as the result of
an environmental disaster. See section
244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
• Nicaragua continues to be unable,
temporarily, to adequately handle the
return of its nationals (or aliens having
no nationality who last habitually
resided in Nicaragua). See section
244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
• The designation of Nicaragua for
TPS should be extended for an
additional 18-month period. See section
244(b)(3)(C) of the Act, 8 U.S.C.
1254a(b)(3)(C).
• There are approximately 3,000
nationals of Nicaragua (or aliens having
no nationality who last habitually
resided in Nicaragua) who are eligible
for TPS under this extended
designation.
Notice of Extension of the TPS
Designation of Nicaragua
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 designation of Nicaragua for
temporary protected status (TPS) on
January 5, 1999, continue to be met. See
section 244(b)(3)(A) of the Act, 8 U.S.C.
1254a(b)(3)(A). On the basis of this
determination, I am extending the TPS
designation of Nicaragua for 18 months
E:\FR\FM\05MYN1.SGM
05MYN1
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices
from July 6, 2010, through January 5,
2012.
Janet Napolitano,
Secretary.
Required Application Forms and
Application Fees to Register or Reregister for TPS
To register or re-register for TPS, an
applicant must submit:
1. Form I–821, Application for
Temporary Protected Status,
• You only need to pay the Form
I–821 application fee if you are filing an
application for late initial registration.
• You do not need to pay the Form
I–821 fee for a re-registration; and
2. Form I–765, Application for
Employment Authorization.
• If you are filing for re-registration,
you must pay the Form I–765
application fee if you want an
employment authorization document
(EAD).
• If you are filing for late initial
registration and want an EAD, you must
pay the Form I–765 fee only if you are
age 14 through 65. No EAD fee is
required if you are under the age of 14
or over the age of 65 and filing for late
initial TPS registration.
• You do not pay the Form I–765 fee
if you are not requesting an EAD.
You must submit both completed
application forms together. You may
apply for application and/or biometrics
fee waivers if you are unable to pay and
you can provide proof through
24739
satisfactory supporting documentation.
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. 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 1:
TABLE 1—MAILING ADDRESSES
If ...
Mail to ...
You are applying for re-registration through U.S. Postal Service ............
You are applying for the first time as a late initial registrant through
U.S. Postal Service.
You are using a Non-U.S. Postal Service delivery service for both reregistration and first time late initial registration.
You were granted TPS by an Immigration Judge (IJ) or the Board of
Immigration Appeals (BIA), and you wish to request an EAD or are
re-registering for the first time.
USCIS, Attn: TPS Nicaragua, P.O. Box 6943, Chicago, IL 60680–6943.
USCIS, Attn: TPS Nicaragua, P.O. Box 6943, Chicago, IL 60680–6943.
E-Filing
If you are re-registering for TPS
during the re-registration period and
you do not need to submit any
supporting documents or evidence, you
are eligible to file your applications
electronically. For more information on
e-filing, please visit the USCIS E-Filing
Reference Guide at the USCIS Web site
at https://www.uscis.gov.
Employment Authorization Document
(EAD)
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May I request an interim EAD at my
local USCIS office?
No. USCIS will not issue interim
EADs to TPS applicants and reregistrants at local offices.
Am I eligible to receive an automatic
6-month EAD extension from July 6,
2010, through January 5, 2011?
To receive an automatic 6-month
extension of your EAD:
• You must be a national of Nicaragua
(or an alien having no nationality who
last habitually resided in Nicaragua)
who has applied for and received an
EAD under the designation of Nicaragua
for TPS, and
• You have not had TPS withdrawn
or denied.
This automatic extension is limited to
EADs issued on Form I–766,
Employment Authorization Document,
VerDate Mar<15>2010
19:02 May 04, 2010
Jkt 220001
U.S. Citizenship and Immigration Services, Attn: TPS Nicaragua, 131
S. Dearborn—3rd Floor, Chicago, IL 60603–5517.
USCIS, Attn: TPS Nicaragua, P.O. Box 7332, Chicago, IL 60680–7332.
bearing an expiration date of July 5,
2010. These EADs must also bear the
notation ‘‘A–12’’ or ‘‘C–19’’ on the face of
the card under ‘‘Category.’’
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 6-month automatic
extension of their EADs by virtue of this
Federal Register notice may present
their extended TPS-based EADs, as
described above, to their employers as
proof of identity and employment
authorization through January 5, 2011.
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 January 5, 2011.
After January 5, 2011, TPS
beneficiaries may present their EADs on
Form I–766 with an extension date of
January 5, 2012, to their employers as
proof of employment authorization and
identity. The EAD will bear the notation
‘‘A–12’’ or ‘‘C–19’’ on the face of the card
under ‘‘Category.’’ After January 5, 2011,
employers may not accept EADs that no
longer have a valid date.
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Fmt 4703
Sfmt 4703
Employers should not request proof of
Nicaraguan citizenship. Employers
should accept the EADs as valid ‘‘List A’’
documents. Employers should not ask
for additional Form I–9 documentation
if presented with an EAD that has been
automatically extended or a new valid
EAD pursuant to this Federal Register
notice, and the EAD reasonably appears
on its face to be genuine and to relate
to the employee. Employees also may
present any other legally acceptable
document or combination of documents
listed on the Form I–9 as proof of
identity and employment eligibility.
Note to Employers
Employers are reminded that the laws
requiring employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
Notice does not supersede or in any way
limit applicable employment
verification rules and policy guidance,
including those rules setting forth 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 (DOJ) of
Special Counsel for Immigration Related
Unfair Employment Practices (OSC)
Employer Hotline at 1–800–255–8155.
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05MYN1
24740
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices
Note to Employees
Employees or applicants may call the
OSC Employee Hotline at 1–800–255–
7688 for information regarding the
automatic extension. Additional
information is available on the OSC
Web site at https://www.justice.gov/crt/
osc/.
[FR Doc. 2010–10619 Filed 5–4–10; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2010–0028]
Recovery Fact Sheet RP9580.102,
Permanent Relocation
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Notice of availability.
SUMMARY: This document provides
notice of the availability of the final
Recovery Fact Sheet RP9580.102,
Permanent Relocation, which is being
issued by the Federal Emergency
Management Agency (FEMA).
DATES: This fact sheet is effective April
14, 2010.
ADDRESSES: This final fact sheet is
available online at https://
www.regulations.gov under docket ID
FEMA–2010–0028 and on FEMA’s Web
site at https://www.fema.gov. You may
also view a hard copy of the final fact
sheet at the Office of Chief Counsel,
Federal Emergency Management
Agency, Room 835, 500 C Street, SW.,
Washington, DC 20472–3100.
FOR FURTHER INFORMATION CONTACT:
Deborah Atkinson, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, 202–646–8146,
or via e-mail at
Deborah.Atkinson@dhs.gov.
SUPPLEMENTARY INFORMATION:
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The purpose of this fact sheet is to
provide guidance on eligibility under
the Public Assistance Program for the
permanent relocation of a disaster
damaged facility pursuant to 44 CFR
206.226.
Authority: 42 U.S.C. 5121–5207; 44 CFR
part 206.
Robert Farmer,
Deputy Director, Office of Policy and Program
Analysis, Federal Emergency Management
Agency.
BILLING CODE 9111–23–P
VerDate Mar<15>2010
19:02 May 04, 2010
Jkt 220001
Federal Emergency Management
Agency
[Docket ID FEMA–2010–0025]
Recovery Policy RP9523.5, Debris
Removal From Waterways
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Notice of availability.
BILLING CODE 9111–97–P
[FR Doc. 2010–10455 Filed 5–4–10; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Authority: 42 U.S.C. 5170b, 5173, and
5192.
SUMMARY: This document provides
notice of the availability of the final
Recovery Policy RP9523.5, Debris
Removal from Waterways.
DATES: This policy is effective March 29,
2010.
ADDRESSES: This final policy is available
online at https://www.regulations.gov
under docket ID FEMA–2010–0025 and
on FEMA’s Web site at https://
www.fema.gov. You may also view a
hard copy of the final policy at the
Office of Chief Counsel, Federal
Emergency Management Agency, Room
835, 500 C Street, SW., Washington, DC
20472.
FOR FURTHER INFORMATION CONTACT: Mr.
Byron Mason, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472; 202–646–4368
phone; 202–646–3304 facsimile;
Byron.Mason@dhs.gov.
SUPPLEMENTARY INFORMATION: The
Public Assistance Program provides,
following a Presidentially-declared
major disaster or emergency,
supplemental Federal disaster grant
assistance for the repair, replacement, or
restoration of disaster damaged,
publicly-owned facilities and the
facilities of certain Private Non-Profit
(PNP) organizations. To be eligible
under the Public Assistance Program,
work must be required as the result of
the emergency or major disaster, be
located within the designated area, and
be the legal responsibility of an eligible
applicant. Emergency work that must be
performed to reduce or eliminate an
immediate threat to life, to protect
public health and safety, and to protect
improved property that is threatened in
a significant way as a result of the major
disaster or emergency includes debris
removal.
This policy was developed to provide
guidance for determining the eligibility
of debris removal from navigable
waterways, the coastal and inland
zones, and wetlands under the Public
Assistance Program. Recent disaster
activity, including Hurricanes Katrina
and Ike, demonstrated the need for
additional guidance to clarify the roles
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Frm 00173
Fmt 4703
Sfmt 4703
and responsibilities of FEMA, the U.S.
Army Corps of Engineers (USACE), and
the U.S. Coast Guard (USCG) in
removing debris, wreckage, and sunken
vessels from waterways. This policy
draws upon recent disaster experience
in delineating eligibility for debris
removal from waterways under the
Public Assistance Program. The USACE
and USCG reviewed and provided input
on this policy.
David J. Kaufman,
Director, Office of Policy and Program
Analysis, Federal Emergency Management
Agency.
[FR Doc. 2010–10461 Filed 5–4–10; 8:45 am]
BILLING CODE 9111–23–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–1895–
DR; Docket ID FEMA–2010–0002]
Massachusetts; Amendment No. 2 to
Notice of a Major Disaster Declaration
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Notice.
SUMMARY: This notice amends the notice
of a major disaster declaration for the
Commonwealth of Massachusetts
(FEMA–1895–DR), dated March 29,
2010, and related determinations.
DATES: Effective Date: April 26, 2010.
FOR FURTHER INFORMATION CONTACT:
Peggy Miller, Recovery Directorate,
Federal Emergency Management
Agency, 500 C Street, SW., Washington,
DC 20472, (202) 646–3886.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the incident period for
this disaster is closed effective April 26,
2010.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households in Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
E:\FR\FM\05MYN1.SGM
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Agencies
[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Pages 24737-24740]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10619]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Citizenship and Immigration Services
[CIS No. 2488-09; DHS Docket No. USCIS 2010-0031]
RIN 1615-ZA94
Extension of the Designation of Nicaragua for Temporary Protected
Status and Automatic Extension of Employment Authorization
Documentation for Nicaraguan TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces that the Secretary of Homeland Security
(Secretary) has extended the designation of Nicaragua for temporary
protected status (TPS) for 18 months from its current expiration date
of July 5, 2010, through January 5, 2012. This Notice also sets forth
procedures necessary for nationals of Nicaragua (or aliens having no
nationality who last habitually resided in Nicaragua) with TPS to re-
register and to apply for an extension of their employment
authorization documents (EADs) with U.S. Citizenship and Immigration
Services (USCIS). Re-registration is limited to persons who previously
registered for TPS under the designation of Nicaragua and whose
applications have been granted or remain pending. Certain nationals of
Nicaragua (or aliens having no nationality who last habitually resided
in Nicaragua) who have not previously applied for TPS may be eligible
to apply under the late initial registration provisions.
New EADs with a January 5, 2012, expiration date will be issued to
eligible TPS beneficiaries who timely re-register and apply for EADs.
Given the timeframes involved with processing TPS re-registration
applications, the Department of Homeland Security recognizes the
possibility that all re-registrants may not receive new EADs until
after their current EADs expire on July 5, 2010. Accordingly, this
Notice automatically extends the validity of EADs issued under the TPS
designation of Nicaragua for 6 months, through January 5, 2011, and
explains how TPS beneficiaries and their employers may determine which
EADs are automatically extended.
DATES: The extension of the TPS designation of Nicaragua is effective
July 6, 2010, and will remain in effect through January 5, 2012. The
60-day re-registration period begins May 5, 2010, and will remain in
effect until July 6, 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. You can find detailed information
about this TPS extension on our Web site at the Nicaraguan Questions &
Answers Section.
You can also contact the TPS Operations Program Manager,
Status and Family Branch, Service Center Operations Directorate, 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. Note: The phone number
provided here is solely for questions regarding this TPS notice. It is
not for individual case status inquiries. Applicants seeking
information about the status of their individual cases can check Case
Status Online available at the USCIS Web site at 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
Act--Immigration and Nationality Act
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration Related Unfair Employment Practices
PRRAC--European Union's Regional Program for the Reconstruction of
Central America
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
What is Temporary Protected Status?
TPS is an immigration status 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 obtained while registered for TPS.
What authority does the Secretary of Homeland Security have to extend
the designation of Nicaragua for TPS?
Section 244(b)(1) of the Immigration and Nationality Act (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\
[[Page 24738]]
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).
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\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 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).
---------------------------------------------------------------------------
At least 60 days before the expiration of a TPS designation, the
Secretary, after consultation 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. Section 244(b)(3)(A), (C) of the Act,
8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary determines that the
foreign State no longer meets the conditions for the TPS designation,
the Secretary must terminate the designation. Section 244(b)(3)(B) of
the Act, 8 U.S.C. 1254a(b)(3)(B).
When was Nicaragua designated for TPS?
On January 5, 1999, the Attorney General designated Nicaragua for
TPS based on an environmental disaster within that country,
specifically the devastation resulting from Hurricane Mitch. 64 FR 526.
See section 244(a)(b)(1)(B) of the Act, 8 U.S.C. 1254a(b)(1)(B). The
last extension of TPS for Nicaragua was announced on October 1, 2008,
based on the Secretary's determination that the conditions warranting
the designation continued to be met. 73 FR 57138. This announcement is
the ninth extension of TPS for Nicaragua.
Why is the Secretary extending the TPS designation for Nicaragua
through January 5, 2012?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Nicaragua. Based on this review, and
after consulting with the Department of State, the Secretary has
determined that an 18-month extension is warranted because there
continues to be a substantial, but temporary, disruption of living
conditions in Nicaragua resulting from Hurricane Mitch, and Nicaragua
remains unable, temporarily, to adequately handle the return of its
nationals.
Hurricane Mitch resulted in the loss of thousands of lives,
displacement of thousands more, collapse of physical infrastructure,
and severe damage to the country's economic system. See 64 FR 526 (Jan.
5, 1999) (discussing devastation caused by Hurricane Mitch). The
government and people of Nicaragua continue to rely heavily on
international assistance, and recovery from Hurricane Mitch is still
incomplete.
Nicaragua has not fully recovered from Hurricane Mitch. The regions
most devastated by Hurricane Mitch, the mountainous north and the
isolated Atlantic coast, continue to be the poorest and least developed
in the country. Most rural roads in these regions have not been
properly rehabilitated since Hurricane Mitch. Despite Millennium
Challenge Corporation-sponsored road projects in some of the more
populous areas of eastern Chinandega Department along the Honduran
border, rural feeder roads remain in poor condition. They remain
impassible during the rainy season. A significant number of the 90
health centers and 400 health posts in isolated rural areas destroyed
by Mitch have not been rebuilt. Some of the over 500 primary schools
that suffered structural damage due to Mitch are still unusable.
In addition, more recent natural disasters have slowed the recovery
from Hurricane Mitch. In September 2007, Hurricane Felix, a category 5
storm, struck the area affected by Hurricane Mitch and was followed by
heavy rains and flooding. More than 20,450 homes, along with 100
schools, clinics, community centers, and churches were destroyed, and
130 people died. Tropical depression Alma followed in May 2008 and
further exacerbated the damage caused by the earlier storms.
Nicaragua continues to suffer from chronic poverty and food
insufficiencies, which have compounded recovery challenges.
Environmental disasters have destroyed over 100,000 acres of crops. In
addition, continued environmental disasters have damaged water
supplies, leaving whole communities lacking potable water. According to
the United Nations World Food Programme (WFP), these recurring
environmental disasters destroyed the country's economic base.
Approximately 48% of the population lives below the poverty line, and
approximately 17% live in extreme poverty.
Nicaragua is also currently unable to handle adequately the return
of thousands of its nationals who now have TPS in the United States,
but no other immigration status. Their return would aggravate
Nicaragua's deteriorating economy by increasing unemployment already
exacerbated by the recent global economic crisis. Economic development
has also been hindered and disrupted by electoral fraud and weak and
poorly constructed infrastructure, such as the poor condition of rural
roads. Nicaragua remains ill-equipped to handle adequately the return
of Nicaraguans currently in the United States who are TPS
beneficiaries.
Based on this review and after consultation with the appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the January 5, 1999,
designation of Nicaragua for TPS continue to be met. See section
244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A).
There continues to be a substantial, but temporary,
disruption in living conditions in Nicaragua as the result of an
environmental disaster. See section 244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
Nicaragua continues to be unable, temporarily, to
adequately handle the return of its nationals (or aliens having no
nationality who last habitually resided in Nicaragua). See section
244(b)(1)(B) of the Act, 8 U.S.C. 1254a(b)(1)(B).
The designation of Nicaragua for TPS should be extended
for an additional 18-month period. See section 244(b)(3)(C) of the Act,
8 U.S.C. 1254a(b)(3)(C).
There are approximately 3,000 nationals of Nicaragua (or
aliens having no nationality who last habitually resided in Nicaragua)
who are eligible for TPS under this extended designation.
Notice of Extension of the TPS Designation of Nicaragua
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 designation of Nicaragua for temporary
protected status (TPS) on January 5, 1999, continue to be met. See
section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the basis
of this determination, I am extending the TPS designation of Nicaragua
for 18 months
[[Page 24739]]
from July 6, 2010, through January 5, 2012.
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees to Register or Re-
register for TPS
To register or re-register for TPS, an applicant must submit:
1. Form I-821, Application for Temporary Protected Status,
You only need to pay the Form I-821 application fee if you
are filing an application for late initial registration.
You do not need to pay the Form I-821 fee for a re-
registration; and
2. Form I-765, Application for Employment Authorization.
If you are filing for re-registration, you must pay the
Form I-765 application fee if you want an employment authorization
document (EAD).
If you are filing for late initial registration and want
an EAD, you must pay the Form I-765 fee only if you are age 14 through
65. No EAD fee is required if you are under the age of 14 or over the
age of 65 and filing for late initial TPS registration.
You do not pay the Form I-765 fee if you are not
requesting an EAD.
You must submit both completed application forms together. You may
apply for application and/or biometrics fee waivers if you are unable
to pay and you can provide proof through satisfactory supporting
documentation. 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. 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 1:
Table 1--Mailing Addresses
----------------------------------------------------------------------------------------------------------------
If ... Mail to ...
----------------------------------------------------------------------------------------------------------------
You are applying for re-registration through U.S. USCIS, Attn: TPS Nicaragua, P.O. Box 6943, Chicago, IL
Postal Service. 60680-6943.
You are applying for the first time as a late initial USCIS, Attn: TPS Nicaragua, P.O. Box 6943, Chicago, IL
registrant through U.S. Postal Service. 60680-6943.
You are using a Non-U.S. Postal Service delivery U.S. Citizenship and Immigration Services, Attn: TPS
service for both re-registration and first time late Nicaragua, 131 S. Dearborn--3rd Floor, Chicago, IL
initial registration. 60603-5517.
You were granted TPS by an Immigration Judge (IJ) or USCIS, Attn: TPS Nicaragua, P.O. Box 7332, Chicago, IL
the Board of Immigration Appeals (BIA), and you wish 60680-7332.
to request an EAD or are re-registering for the first
time.
----------------------------------------------------------------------------------------------------------------
E-Filing
If you are re-registering for TPS during the re-registration period
and you do not need to submit any supporting documents or evidence, you
are eligible to file your applications electronically. For more
information on e-filing, please visit the USCIS E-Filing Reference
Guide at the USCIS Web site at https://www.uscis.gov.
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 and re-
registrants at local offices.
Am I eligible to receive an automatic 6-month EAD extension from July
6, 2010, through January 5, 2011?
To receive an automatic 6-month extension of your EAD:
You must be a national of Nicaragua (or an alien having no
nationality who last habitually resided in Nicaragua) who has applied
for and received an EAD under the designation of Nicaragua for TPS, and
You have 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 July
5, 2010. These EADs must also bear the notation ``A-12'' or ``C-19'' on
the face of the card under ``Category.''
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 6-month automatic extension of their
EADs by virtue of this Federal Register notice may present their
extended TPS-based EADs, as described above, to their employers as
proof of identity and employment authorization through January 5, 2011.
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 January 5, 2011.
After January 5, 2011, TPS beneficiaries may present their EADs on
Form I-766 with an extension date of January 5, 2012, to their
employers as proof of employment authorization and identity. The EAD
will bear the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.'' After January 5, 2011, employers may not accept
EADs that no longer have a valid date.
Employers should not request proof of Nicaraguan citizenship.
Employers should accept the EADs as valid ``List A'' documents.
Employers should not ask for additional Form I-9 documentation if
presented with an EAD that has been automatically extended or a new
valid EAD pursuant to this Federal Register notice, and the EAD
reasonably appears on its face to be genuine and to relate to the
employee. Employees also may present any other legally acceptable
document or combination of documents listed on the Form I-9 as proof of
identity and employment eligibility.
Note to Employers
Employers are reminded that the laws requiring employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those rules setting forth re-
verification requirements. For questions, employers may call the USCIS
Customer Assistance Office at 1-800-357-2099. Employers may also call
the U.S. Department of Justice Office (DOJ) of Special Counsel for
Immigration Related Unfair Employment Practices (OSC) Employer Hotline
at 1-800-255-8155.
[[Page 24740]]
Note to Employees
Employees or applicants may call the OSC Employee Hotline at 1-800-
255-7688 for information regarding the automatic extension. Additional
information is available on the OSC Web site at https://www.justice.gov/crt/osc/.
[FR Doc. 2010-10619 Filed 5-4-10; 8:45 am]
BILLING CODE 9111-97-P