Extension of the Designation of Honduras for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation for Honduran TPS Beneficiaries, 24734-24737 [2010-10620]
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24734
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices
electronic mail to
oira.submission@omb.eop.gov or faxed
to (202) 395–5806.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
should be made to Director, Records
Management Division, 1800 South Bell
Street, Arlington, VA 20598–3005,
facsimile number (202) 646–3347, or
e-mail address FEMA-InformationCollections-Management@dhs.gov.
Dated: April 28, 2010.
Samuel C. Smith,
Acting Director, Records Management
Division, Mission Support Bureau, Federal
Emergency Management Agency, Department
of Homeland Security.
[FR Doc. 2010–10537 Filed 5–4–10; 8:45 am]
BILLING CODE 9111–23–P
DEPARTMENT OF HOMELAND
SECURITY
Citizenship and Immigration Services
SUPPLEMENTARY INFORMATION:
sroberts on DSKD5P82C1PROD with NOTICES
Collection of Information
[CIS No. 2487–09; DHS Docket No. USCIS
2010–0030]
Title: Disaster Assistance Registration.
Type of information collection:
Revision of a currently approved
information collection. The type of
collection has changed since
publication of the 60-day Federal
Register Notice at 74 FR 68851,
December 29, 2009.
OMB Number: 1660–0002.
Form Titles and Numbers: FEMA
Form 009–0–1 (Replaces 90–69),
Application/Registration for Disaster
Assistance; FEMA Form 009–0–2
(Replaces 90–69A), Solicitud/Registro
Para Asistencia De Resastre; FEMA
Form 009–0–3 (Replaces 90–69B),
Declaration and Release; FEMA Form
´
009–0–4 (Replaces 90–69C), Declaracion
´
Y Autorizacion; FEMA Form 009–0–5
(Replaces 90–69D), Receipt for
Government Property; FEMA Form 009–
0–6 (Replaces 90–69E), Recibo de
Propiedad del Gobierno.
Abstract: Disaster Assistance
Registration is a program used to
provide financial assistance and, if
necessary, direct assistance to eligible
individuals and households who, as a
direct result of a disaster, have
uninsured or under-insured, necessary
expenses and serious needs and are
unable to meet such expenses or needs
through other financial means. The
instruments used in this collection
collect the information necessary to
determine the appropriate level of
assistance to each individual.
Affected Public: Individuals or
Households.
Estimated Number of Respondents:
1,718,291.
Frequency of Response: On Occasion.
Estimated Average Hour Burden per
Respondent: .32 hours.
Estimated Total Annual Burden
Hours: 555,009 hours.
Estimated Cost: There is no operation,
maintenance, start-up or capital cost
associated with this collection.
RIN 1615–ZA93
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Extension of the Designation of
Honduras for Temporary Protected
Status and Automatic Extension of
Employment Authorization
Documentation for Honduran TPS
Beneficiaries
AGENCY: U.S. Citizenship and
Immigration Services, DHS.
ACTION: Notice.
SUMMARY: This Notice announces that
the Secretary of Homeland Security
(Secretary) has extended the designation
of Honduras 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 Honduras (or aliens having
no nationality who last habitually
resided in Honduras) 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 Honduras
and whose applications have been
granted or remain pending. Certain
nationals of Honduras (or aliens having
no nationality who last habitually
resided in Honduras) 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 Honduras for 6 months, through
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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 Honduras 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 Honduran 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
USAID—U.S. Agency for International
Development
USCIS—U.S. Citizenship and
Immigration Services
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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices
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 Honduras for TPS?
sroberts on DSKD5P82C1PROD with NOTICES
Section 244(b)(1) of the Immigration
and Nationality 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).
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).
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).
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When was Honduras designated for
TPS?
On January 5, 1999, the Attorney
General designated Honduras for TPS
based on an environmental disaster
within that country, specifically the
devastation resulting from Hurricane
Mitch. 64 FR 524. See section
244(a)(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B). The last extension of
TPS for Honduras was announced on
October 1, 2008, based on the
Secretary’s determination that the
conditions warranting the designation
continued to be met. 73 FR 57133. This
announcement is the ninth extension of
TPS for Honduras.
Why is the Secretary extending the TPS
designation for Honduras through
January 5, 2012?
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in
Honduras. 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 Honduras resulting
from Hurricane Mitch, and Honduras
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
524 (Jan. 5, 1999) (discussing
devastation caused by Hurricane Mitch).
The Department of State reports that the
government and people of Honduras
continue to rely heavily on international
assistance, and recovery from Hurricane
Mitch is still incomplete.
An estimated 80,000 to over 200,000
dwellings were destroyed or severely
damaged due to Hurricane Mitch. By
2005, nongovernmental organizations
had repaired or built over 15,000
housing units. However, much of the
housing still lacked water and
electricity. In May 2006, the Honduran
government said that more than 600,000
people live in areas designated as ‘‘high
risk’’ for flooding. The erosion of
agricultural land caused by Mitch has
not been reversed. The increased
sedimentation caused by Hurricane
Mitch to many rivers and streams has
also not been reversed, causing them to
rise above their banks and flood
surrounding areas even with minimal
levels of rain. This has caused a
decrease in land available for food
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24735
production and the increased likelihood
of flooding, landslides, and forest fires.
All health centers were fully
operational and almost all schools had
reopened by the end of 1999. However,
in those cases where people had to be
relocated, infrastructure and personnel
for health and education services, as
well as employment opportunities, were
reported to be unavailable.
Despite improvements in the road
network, the infrastructure remains
basic and vulnerable to further damage
from adverse climatic conditions. In
fact, in October 2008, half the country’s
roads were damaged or destroyed in
flooding caused by heavy continuous
rains brought by Tropical Depression
Sixteen. In addition, other natural
disasters have occurred since Hurricane
Mitch, including flooding in October
2008 and an earthquake in May 2009,
which have further delayed the recovery
from Hurricane Mitch. These disasters
themselves have also caused extensive
additional disruption in the affected
regions and much of the damaged
infrastructure has still not been repaired
or replaced.
Honduras is also currently unable to
handle adequately the return of tens of
thousands of its nationals who now
have TPS but no other immigration
status in the United States. Their return
would greatly aggravate Honduras’
deteriorating economy by increasing
unemployment. Honduras had a per
capita gross domestic product of U.S.
$1,845 in 2008; an estimated 59 percent
of Honduran households live in poverty;
and 36 percent of the labor force was
unemployed or underemployed in 2008.
The 2009 political crisis exacerbated the
effects of the global economic downturn
in Honduras by significantly reducing
economic activity, particularly in the
industrial and tourist sectors, and
increasing unemployment. Honduras
therefore remains ill-equipped to handle
adequately the return of Hondurans 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
Honduras 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 Honduras as the result of
an environmental disaster. See section
244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
• Honduras continues to be unable,
temporarily, to adequately handle the
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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices
return of its nationals (or aliens having
no nationality who last habitually
resided in Honduras). See section
244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
• The designation of Honduras 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 66,000
nationals of Honduras (or aliens having
no nationality who last habitually
resided in Honduras) who are eligible
for TPS under this extended
designation.
Notice of Extension of the TPS
Designation of Honduras
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 Honduras 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 Honduras for 18 months
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
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 US Postal Service ..............
You are applying for the first time as a late initial registrant through US
Postal Service.
You are using a Non-US 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 Honduras, P.O. Box 6943, Chicago, IL 60680–6943.
U.S. Citizenship and Immigration Services, Attn: TPS Honduras, P.O.
Box 6943, Chicago, IL 60680–6943.
USCIS, Attn: TPS Honduras, 131 S. Dearborn—3rd Floor, Chicago, IL
60603–5517.
USCIS, Attn: TPS Honduras, P.O. Box 7332, Chicago, IL 60680–7332.
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 6month EAD extension from July 6, 2010,
through January 5, 2011?
To receive an automatic 6-month
extension of your EAD:
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19:02 May 04, 2010
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• You must be a national of Honduras
(or an alien having no nationality who
last habitually resided in Honduras)
who has applied for and received an
EAD under the designation of Honduras
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
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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.
Employers should not request proof of
Honduran citizenship. Employers
should accept the EADs as valid ‘‘List A’’
documents. Employers should not ask
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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
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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,
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20:52 May 04, 2010
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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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Agencies
[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Pages 24734-24737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10620]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Citizenship and Immigration Services
[CIS No. 2487-09; DHS Docket No. USCIS 2010-0030]
RIN 1615-ZA93
Extension of the Designation of Honduras for Temporary Protected
Status and Automatic Extension of Employment Authorization
Documentation for Honduran TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
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SUMMARY: This Notice announces that the Secretary of Homeland Security
(Secretary) has extended the designation of Honduras 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 Honduras (or aliens having no
nationality who last habitually resided in Honduras) 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 Honduras and whose
applications have been granted or remain pending. Certain nationals of
Honduras (or aliens having no nationality who last habitually resided
in Honduras) 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 Honduras 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 Honduras 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 Honduran 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
USAID--U.S. Agency for International Development
USCIS--U.S. Citizenship and Immigration Services
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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 Honduras for TPS?
Section 244(b)(1) of the Immigration and Nationality 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).
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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).
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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 Honduras designated for TPS?
On January 5, 1999, the Attorney General designated Honduras for
TPS based on an environmental disaster within that country,
specifically the devastation resulting from Hurricane Mitch. 64 FR 524.
See section 244(a)(b)(1)(B) of the Act, 8 U.S.C. 1254a(b)(1)(B). The
last extension of TPS for Honduras was announced on October 1, 2008,
based on the Secretary's determination that the conditions warranting
the designation continued to be met. 73 FR 57133. This announcement is
the ninth extension of TPS for Honduras.
Why is the Secretary extending the TPS designation for Honduras through
January 5, 2012?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Honduras. 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 Honduras resulting from Hurricane Mitch, and Honduras
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 524 (Jan.
5, 1999) (discussing devastation caused by Hurricane Mitch). The
Department of State reports that the government and people of Honduras
continue to rely heavily on international assistance, and recovery from
Hurricane Mitch is still incomplete.
An estimated 80,000 to over 200,000 dwellings were destroyed or
severely damaged due to Hurricane Mitch. By 2005, nongovernmental
organizations had repaired or built over 15,000 housing units. However,
much of the housing still lacked water and electricity. In May 2006,
the Honduran government said that more than 600,000 people live in
areas designated as ``high risk'' for flooding. The erosion of
agricultural land caused by Mitch has not been reversed. The increased
sedimentation caused by Hurricane Mitch to many rivers and streams has
also not been reversed, causing them to rise above their banks and
flood surrounding areas even with minimal levels of rain. This has
caused a decrease in land available for food production and the
increased likelihood of flooding, landslides, and forest fires.
All health centers were fully operational and almost all schools
had reopened by the end of 1999. However, in those cases where people
had to be relocated, infrastructure and personnel for health and
education services, as well as employment opportunities, were reported
to be unavailable.
Despite improvements in the road network, the infrastructure
remains basic and vulnerable to further damage from adverse climatic
conditions. In fact, in October 2008, half the country's roads were
damaged or destroyed in flooding caused by heavy continuous rains
brought by Tropical Depression Sixteen. In addition, other natural
disasters have occurred since Hurricane Mitch, including flooding in
October 2008 and an earthquake in May 2009, which have further delayed
the recovery from Hurricane Mitch. These disasters themselves have also
caused extensive additional disruption in the affected regions and much
of the damaged infrastructure has still not been repaired or replaced.
Honduras is also currently unable to handle adequately the return
of tens of thousands of its nationals who now have TPS but no other
immigration status in the United States. Their return would greatly
aggravate Honduras' deteriorating economy by increasing unemployment.
Honduras had a per capita gross domestic product of U.S. $1,845 in
2008; an estimated 59 percent of Honduran households live in poverty;
and 36 percent of the labor force was unemployed or underemployed in
2008. The 2009 political crisis exacerbated the effects of the global
economic downturn in Honduras by significantly reducing economic
activity, particularly in the industrial and tourist sectors, and
increasing unemployment. Honduras therefore remains ill-equipped to
handle adequately the return of Hondurans 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 Honduras 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 Honduras as the result of an
environmental disaster. See section 244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
Honduras continues to be unable, temporarily, to
adequately handle the
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return of its nationals (or aliens having no nationality who last
habitually resided in Honduras). See section 244(b)(1)(B) of the Act, 8
U.S.C. 1254a(b)(1)(B).
The designation of Honduras 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 66,000 nationals of Honduras (or
aliens having no nationality who last habitually resided in Honduras)
who are eligible for TPS under this extended designation.
Notice of Extension of the TPS Designation of Honduras
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 Honduras 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 Honduras
for 18 months 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
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If . . . Mail to . . .
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You are applying for re-registration USCIS, Attn: TPS Honduras, P.O.
through US Postal Service. Box 6943, Chicago, IL 60680-
6943.
You are applying for the first time as U.S. Citizenship and
a late initial registrant through US Immigration Services, Attn:
Postal Service. TPS Honduras, P.O. Box 6943,
Chicago, IL 60680-6943.
You are using a Non-US Postal Service USCIS, Attn: TPS Honduras, 131
delivery service for both re- S. Dearborn--3rd Floor,
registration and first time late Chicago, IL 60603-5517.
initial registration.
You were granted TPS by an Immigration USCIS, Attn: TPS Honduras, P.O.
Judge (IJ) or the Board of Immigration Box 7332, Chicago, IL 60680-
Appeals (BIA), and you wish to request 7332.
an EAD or are re-registering for the
first time.
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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 Honduras (or an alien having no
nationality who last habitually resided in Honduras) who has applied
for and received an EAD under the designation of Honduras 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 Honduran citizenship.
Employers should accept the EADs as valid ``List A'' documents.
Employers should not ask
[[Page 24737]]
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 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