Extension and Redesignation of Haiti for Temporary Protected Status, 29000-29004 [2011-12440]
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Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Notices
May 13, 2011.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2011–12353 Filed 5–18–11; 8:45 am]
BILLING CODE 9111–23–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2500–10; DHS Docket No. USCIS
2010–0016]
RIN 1615–ZB01
Extension and Redesignation of Haiti
for Temporary Protected Status
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Notice.
AGENCY:
This notice announces that
the Secretary of Homeland Security
(Secretary) is both extending the
existing designation of Haiti for
temporary protected status (TPS) for 18
months from July 23, 2011 through
January 22, 2013, and redesignating
Haiti for TPS for 18 months, effective
July 23, 2011 through January 22, 2013.
The extension allows current eligible
TPS beneficiaries to retain their TPS
through January 22, 2013. The
redesignation of Haiti allows additional
individuals who have been
continuously residing in the United
States since January 12, 2011, to obtain
TPS, if eligible, including certain
Haitians who arrived in the United
States following the January 12, 2010
earthquake in Haiti.
Under the redesignation, individuals
who currently do not have TPS, or a
TPS application pending, may apply for
TPS from May 19, 2011 through
November 15, 2011. In addition to
demonstrating continuous residence in
the United States since January 12,
2011, initial applicants for TPS under
this redesignation must demonstrate
that they have been continuously
physically present in the United States
since July 23, 2011, the effective date of
the redesignation of Haiti.
For individuals who have already
been granted Haiti TPS, the 90-day reregistration period will run from May
23, 2011 through August 22, 2011. The
Department will publish a Federal
Register notice in May with complete
information on the re-registration
procedures, including the automatic 6month extension of currently valid
employment authorization documents
(EADs) that expire July 22, 2011.
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SUMMARY:
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However, current Haiti TPS
beneficiaries may not apply for reregistration until May 23, 2011.
Applications and fees submitted before
that date will be rejected and will have
to be resubmitted once the reregistration period starts.
TPS applications that were filed
during the first Haiti designation that
opened on January 21, 2010, and remain
pending on May 19, 2011 will be treated
as initial applications under the
redesignation. Therefore, individuals
who have a pending TPS application
will not need to file a new Application
for Temporary Protected Status, Form I–
821. Additional instructions are
provided in this notice for individuals
whose TPS applications remain pending
and who would like to obtain an EAD
valid through January 22, 2013.
DATES: Extension of TPS: The 18-month
extension of the existing designation for
Haiti is effective July 23, 2011, and will
remain in effect through January 22,
2013. The 90-day re-registration period
for current Haiti TPS beneficiaries will
run from May 23, 2011 through August
22, 2011. Re-registration procedures will
be announced prior to the start of the reregistration period.
Redesignation of TPS: The
redesignation of Haiti for TPS is
effective July 23, 2011, and will remain
in effect through January 22, 2013, a
period of 18 months. The initial
registration period for new applicants
under the Haiti TPS re-designation will
run from May 19, 2011 through
November 15, 2011.
FOR FURTHER INFORMATION CONTACT:
• For further information on TPS,
including guidance on the application
process and additional information on
eligibility, please visit the USCIS TPS
Web page at https://www.uscis.gov/tps.
You can find specific information about
this TPS extension and re-designation of
TPS for Haiti by selecting ‘‘TPS
Designated Country—Haiti’’ from the
menu on the left of the TPS Web page.
From the Haiti page, you can select the
Haiti TPS Questions & Answers Section
from the menu on the right for further
information.
• You can also contact the TPS
Operations Program Manager at 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 or by phone at (202) 272–1533
(this is not a toll-free number). Note:
The phone number provided here is
solely for questions regarding this TPS
notice. It is not for individual case
status inquiries. Applicants seeking
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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
DHS—Department of Homeland Security
DOJ—Department of Justice
DOS—Department of State
EAD—Employment Authorization Document
GoH—Government of Haiti
IDP—Internally Displaced Person
INA—Immigration and Nationality Act
NGO—Nongovernmental Organizations
OSC—U.S. Department of Justice, Office of
Special Counsel for Immigration Related
Unfair Employment Practices
Secretary—Secretary of Homeland Security
TPS—Temporary Protected Status
UN—United Nations
UNICEF—United Nations Children’s Fund
USAID—U.S. Agency for International
Development
USCIS—U.S. Citizenship and Immigration
Services
What is TPS?
• Temporary Protected Status (TPS) is
an immigration status granted under the
Immigration and Nationality Act (INA)
to eligible nationals of a country
designated for TPS (or to persons
without nationality who last habitually
resided in the designated country).
• During the TPS designation period,
TPS beneficiaries are eligible to remain
in the United States and to obtain work
authorization documentation, so long as
they continue to meet the terms and
conditions of their TPS status.
• TPS beneficiaries may also be
granted travel authorization as a matter
of discretion.
• A grant 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 obtaining TPS
(unless that status has since expired or
been terminated) or to any other status
they may have obtained while registered
for TPS.
When was Haiti first designated for
TPS?
On January 21, 2010, the Secretary
designated Haiti for TPS based on
extraordinary and temporary conditions
within Haiti which prevented aliens
who are nationals of Haiti (or persons
without nationality who last habitually
resided in Haiti) from returning to Haiti
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Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Notices
safely, specifically the effects of the 7.0magnitude earthquake that occurred
January 12, 2010. See 75 FR 3476; see
also INA section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).1
What authority does the Secretary have
to extend the designation of Haiti for
TPS?
At least 60 days before the expiration
of a country’s TPS designation or
extension, 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. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If
the Secretary determines that a foreign
state continues to meet the conditions
for TPS designation, the designation is
extended for an additional 6 months (or
in the Secretary’s discretion for 12 or 18
months). See INA section 244(b)(3)(C), 8
U.S.C. 1254a(b)(3)(C). If the Secretary
determines that the foreign state no
longer meets the conditions for TPS
designation, the Secretary must
terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B).
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What is the Secretary’s authority to
redesignate Haiti for TPS?
In addition to extending an existing
TPS designation so that current
beneficiaries may renew their TPS, the
Secretary, after consultation with
appropriate agencies of the government,
may redesignate a country (or part
thereof) for TPS. See INA section
244(b)(1), 8 U.S.C. 1254a(b)(1); see also
INA section 244(c)(1)(A)(i), 8 U.S.C.
1254a(c)(1)(A)(i) (requiring that ‘‘the
alien has been continuously physically
present since the effective date of the
most recent designation of the state’’)
(emphasis added). This is one of several
instances in which the Secretary and,
prior to the establishment of DHS, the
Attorney General have simultaneously
extended a country’s TPS designation
and redesignated the country for TPS.
See, e.g., 69 FR 60168 (Oct. 7, 2004)
(extension and redesignation for Sudan);
62 FR 16608 (Apr. 7, 1997) (extension
and redesignation for Liberia).
When the Secretary designates or
redesignates a country for TPS, she also
has the discretion to establish the date
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 INA describing functions transferred under
the HSA from the DOJ to the DHS ‘‘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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from which TPS applicants must
demonstrate that they have been
‘‘continuously resid[ing]’’ in the United
States. See INA section 244(c)(1)(A)(ii).
This discretion permits her to tailor the
‘‘continuous residence’’ date to offer TPS
protection to the group of individuals
that she deems most appropriate.
The Secretary has determined that the
‘‘continuous residence’’ date for
applicants for Haiti TPS shall be
changed from its original date of January
12, 2010, to January 12, 2011. See 75 FR
3476. Initial applicants for TPS under
this redesignation must also show they
have been ‘‘continuously physically
present’’ in the United States since July
23, 2011, which is the effective date of
the Secretary’s most recent designation,
or redesignation, of Haiti. See INA
section 244(c)(1)(A)(i). For each initial
TPS application filed under the
redesignation, the final determination
whether the applicant has met the
‘‘continuous physical presence’’
requirement cannot be made until July
23, 2011. USCIS, however, will issue
employment authorization
documentation, as appropriate, during
the registration period in accordance
with 8 CFR 244.5(b).
Why is the Secretary extending the TPS
designation for Haiti and
simultaneously re-designating Haiti for
TPS?
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in Haiti.
Based on this review, and after
consulting with DOS, the Secretary has
determined that an 18-month extension
of Haiti’s TPS designation from July 23,
2011 through January 22, 2013, is
warranted because the conditions
prompting the original designation
continue to be met. The Secretary has
further determined that these same
conditions in Haiti support
redesignating Haiti for TPS under INA
section 244(b)(1)(C) and changing the
‘‘continuous residence’’ and ‘‘continuous
physical presence’’ dates so as to
continue affording TPS protection to
eligible Haitians who arrived in the
United States before January 12, 2010
and to extend TPS protection to eligible
Haitians who arrived between January
12, 2010 and January 12, 2011.
The January 12, 2010 earthquake has
exacerbated Haiti’s position as the leastdeveloped country in the Western
Hemisphere and one of the poorest in
the world. According to the Central
Intelligence Agency World Factbook
(last updated on September 22, 2010),
80 percent of Haiti’s population is living
below the poverty line. Per capita gross
domestic product is now under $2 per
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day, and comparative social and
economic indicators continue to
decline. Low revenue collection rates by
the Government of Haiti (GoH)—barely
over 10 percent of gross domestic
product—remain insufficient for Haiti to
provide adequate social services and to
invest in physical and human capital.
According to the GoH, an estimated
230,000 people died and approximately
three million were affected by the
earthquake. In total, more than one
million Haitians have been left
homeless and are currently living in
temporary camps. As of October 14,
2010, teams from international
nongovernmental organizations (NGOs)
and the GoH had conducted
assessments of structures to determine
habitability on 297,569 buildings out of
an estimated 350,000 to 400,000
buildings destroyed by the earthquake.
Roughly half of those buildings assessed
were deemed safe for habitation with
another 26 percent deemed possibly safe
with repairs conducted. Approximately
21 percent of assessed homes thus far
have been deemed unsafe, requiring
major repairs or demolition.
Despite these assessments, DOS
estimates that there are approximately
1,300 internally displaced persons
(IDPs) camps in Haiti. Although
statistical reports vary, the United
Nations Children’s Fund (UNICEF)
reports that there are approximately 1.6
million IDPs, of which approximately
800,000 are children. The IDP camps are
extremely crowded and are vulnerable
to flooding, crime (including genderbased violence), and disease.
International NGOs report that
primary healthcare services are
available at 160 fixed and mobile sites.
Thirty-one percent of these sites are
supported by USAID and the Office of
U.S. Foreign Disaster Assistance. The
current cholera outbreak in Haiti is
evidence of the vulnerability of the
public health sector of Haiti. Although
statistical reports have varied, the GoH
Ministry of Public Health and
Population reported 199,497 cholera
cases, including 112,656
hospitalizations and 3,927 deaths.
Health officials and aid organizations
believe the outbreak may spread
nationwide. In efforts to contain the
outbreak, a network of cholera treatment
centers has been created.
Based on this review and after
consultation with the appropriate
Government agencies, the Secretary has
determined that:
• The conditions that prompted the
January 21, 2010 designation of Haiti for
TPS continue to be met. See INA
sections 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
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• Nationals of Haiti (and persons
without nationality who last habitually
resided in Haiti) still cannot safely
return to Haiti due to continued
extraordinary and temporary conditions.
See INA section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).
• It is not contrary to the national
interest of the United States to permit
aliens who meet the eligibility
requirements for TPS to remain in the
United States temporarily. See INA
section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).
• The TPS designation of Haiti
should be extended for an additional 18month period from July 23, 2011
through January 22, 2013. See INA
section 244(b)(3)(C), 8 U.S.C.
1254a(b)(3)(C).
• Haiti should be simultaneously
redesignated for TPS effective July 23,
2011 through January 22, 2013. See INA
sections 244(b)(1)(C) and (b)(2), 8 U.S.C.
1254a(b)(1)(C) and (b)(2).
• It is appropriate to change the date
by which TPS applicants must
demonstrate that they have
continuously resided in the United
States from January 12, 2010 to January
12, 2011.
• The date by which TPS applicants
must demonstrate that they have been
continuously physically present in the
United States is July 23, 2011, the
effective date of the redesignation of
Haiti for TPS.
• There are approximately 47,000
current Haiti TPS beneficiaries who are
expected to be eligible to re-register for
TPS under the extension.
• It is estimated that approximately
10,000 additional individuals may be
eligible for TPS under the redesignation
of Haiti.
Why is the Secretary changing the
‘‘continuous residence’’ date from
January 12, 2010 to January 12, 2011?
In the aftermath of the earthquake in
Haiti, additional Haitian nationals were
lawfully admitted to the United States
as nonimmigrants or were granted
humanitarian parole for emergency
reasons. As described in this notice, the
devastating impact of the January 12,
2010 earthquake continues to create
extraordinary and temporary conditions
that prevent aliens who are nationals of
Haiti from safely returning to Haiti.
Therefore, the Secretary has determined,
in her discretion, that it is appropriate
for DHS to extend TPS to eligible
Haitians who arrived in the United
States between January 12, 2010, and
January 12, 2011, so that they will not
be subject to removal while in TPS and
can obtain work authorization to
support themselves until they are able
to return safely to Haiti.
Notice of Extension of TPS for Haiti and
Re-designation of Haiti for TPS through
January 22, 2013
By the authority vested in me as
Secretary of Homeland Security under
section 244 of the INA, 8 U.S.C. 1254a,
I have determined, after consultation
with the appropriate government
agencies, that the conditions that
prompted the original designation of
Haiti for temporary protected status on
January 21, 2010, continue to be met.
See INA section 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). On the basis of this
determination, I am simultaneously
extending the existing TPS designation
of Haiti for 18 months from July 23,
2011 through January 22, 2013, and
redesignating Haiti for TPS for 18
months effective July 23, 2011 through
January 22, 2013. See INA sections
244(b)(1)(C) and (b)(2), 8 U.S.C.
1254a(b)(1)(C) and (b)(2). I am also
changing the ‘‘continuous residence’’
date from January 12, 2010 to January
12, 2011. See INA section
244(c)(1)(A)(ii), 8 U.S.C.
1254a(c)(1)(A)(ii).
Janet Napolitano,
Secretary.
How do I know whether I should wait
until May 23, 2011, to apply for reregistration under the extension of TPS
or whether I should file an initial TPS
application now under the redesignation of Haiti?
Table 1 below will help you decide if
you should file for re-registration under
the extension of TPS for Haiti or if you
should file an initial application under
the re-designation of Haiti for TPS.
TABLE 1—RE-REGISTRATION FILING VERSUS INITIAL FILING
If . . .
And . . .
Then . . .
You filed a TPS application under the initial designation
of Haiti during the registration period January 21,
2010 through January 18, 2011, or filed after January
18 under the fee waiver cure..
You filed a TPS application under the initial designation
of Haiti during the registration period January 21,
2010 through January 18, 2011, or filed after January
18 under the fee waiver cure..
Your application was approved by May 19, 2011.
You filed a TPS application under the initial designation
of Haiti during the registration period January 21,
2010 through January 18, 2011, or filed after January
18 under the fee waiver cure..
Your application was denied before May 19,
2011, and you believe
you may be eligible for
TPS under the redesignation.
You believe you may be eligible for TPS under the
redesignation.
You need to re-register under the extension by filing a
Form I–821 application and Form I–765 during the
re-registration period May 23, 2011 through August
22, 2011.
You do not yet have TPS and your pending Form I–821
will be treated as an initial application under the redesignation. You do not need to file a new Form I–
821. Please see Table 2 to determine if you need to
file a new Form I–765.
You may be covered under the re-designation and you
need to file an initial application during the registration period May 19, 2011 through November 15,
2011.
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You never filed a TPS application under the initial designation of Haiti.
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Your application is still
pending as of May 19,
2011.
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You may be covered under the re-designation and you
need to file an initial application during the registration period May 19, 2011 through November 15,
2011.
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I have been granted TPS. If the reregistration period does not begin until
May 2011, does my current TPS
continue through January 22, 2013?
Although an individual’s TPS
continues until it is withdrawn or
terminated, your TPS will be withdrawn
if you fail to re-register during the May
23, 2011 through August 22, 2011
period, or if USCIS does not approve
your re-registration application. The
forthcoming Federal Register notice, to
be published in May 2011, regarding reregistration will explain the
requirements, fees, and fee waiver
procedures. Please do not submit your
re-registration application before May
23rd or it will be rejected, and you will
need to re-file when the re-registration
period opens. Given the timeframes
involved with processing TPS reregistration applications, and because
the re-registration period will not open
until May 23, 2011, DHS recognizes the
possibility that re-registrants may not
receive new EADs until after their
current EADs expire on July 22, 2011.
Accordingly, the May 2011 Federal
Register notice explaining the reregistration procedures will also extend
the validity of EADs issued under the
original TPS designation of Haiti for an
additional 6 months, through January
22, 2012. That notice will provide
further details for re-registration and
explanations of the 6-month automatic
extension of EADs that expire on July
22, 2011.
I have a pending TPS application filed
during the original Haiti TPS
registration period that ran from
January 21, 2010 through January 18,
2011. What should I do?
29003
not need to file a new Application for
Temporary Protected Status, Form I–
821. Pending TPS applications will be
treated as initial applications under the
re-designation. Therefore, if your TPS
application is approved, you will be
granted TPS through January 22, 2013.
If you have a pending TPS application
and you wish to have an EAD valid
through January 22, 2013, please look at
Table 2 below to determine whether you
should file a new Application for
Employment Authorization, Form I–
765. If you do need to file a new Form
I–765, wait until the re-registration
period opens May 23, 2011, before filing
your application.
If your TPS application is still
pending on May 19, 2011, then you will
TABLE 2—EAD INFORMATION FOR STILL PENDING TPS APPLICATIONS
If . . .
And . . .
Then . . .
But if . . .
You requested an EAD during the
original registration period for
Haiti TPS.
You received an EAD with Category C19 or A12.
You must file a new Form I–765
with fee (or fee waiver request)
during the re-registration period
that opens May 23, 2011 if you
wish to have a new EAD valid
through January 22, 2013.
Your Form I–821 is denied before
the re-registration period opens
May 23, 2011, then DO NOT
file a new Form I–765. If you
file a new Form I–765, it will be
denied due to the denial of your
Form I–821.
You requested an EAD during the
original registration period for
Haiti TPS.
You did not receive an EAD with
Category C19 or A12.
You did not request an EAD during
the original registration period
for Haiti TPS.
You wish to have an EAD valid
through January 22, 2013.
You do not need to file a new
Form I–765. If your TPS application is approved, your Form
I–765 will be approved through
January 22, 2013.
You must file a new Form I–765
with fee (or fee waiver request)
during the re-registration period
that opens May 23, 2011.
You did not request an EAD during
the original registration period.
You do not wish to have an EAD
valid through January 22, 2013.
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I am not a TPS beneficiary and I do not
have a TPS application pending. What
are the procedures for Initial
Registration for TPS under the
Redesignation?
Individuals who do not yet have Haiti
TPS or a pending application for TPS
may submit their TPS applications
during the 180-day initial registration
period that will run from May 19, 2011
through November 15, 2011.
The remainder of this Federal
Register notice provides the procedures
for initial registration under the
redesignation. The following procedures
do not apply to individuals who have
already been granted TPS under the
original designation of Haiti. Reregistration procedures for current TPS
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You do not need to file a new
Form I–765.
beneficiaries will be announced in a
subsequent Federal Register notice that
will be published in May.
Required Application Forms and
Application Fees To Register Initially
for TPS
To register for TPS for the first time,
an applicant must submit:
1. Application for Temporary
Protected Status, Form I–821 and pay
the Form I–821 application fee, which is
$50, and
2. Application for Employment
Authorization, Form I–765.
• If you 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
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Your Form I–821 is denied before
the re-registration period opens
on May 23, 2011, then DO NOT
file a new Form I–765. If you
file a new Form I–765, it will be
denied due to the denial of your
Form I–821.
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the age of 65 and filing for initial TPS
registration.
• You do not pay the Form I–765 fee
if you are not requesting an EAD.
Individuals who are in removal
proceedings will be provided an
opportunity to apply for TPS in
accordance with 8 CFR 244.7(d) and
1244.7(d).
You must submit both completed
application forms together. If you are
unable to pay, you may apply for
application and/or biometrics fee
waivers by completing Request for Fee
Waiver, Form I–912, or submitting your
own request for a fee waiver, and
providing satisfactory supporting
documentation. For more information
on the application forms and
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application fees for TPS, please visit the
USCIS TPS Web page at https://
www.uscis.gov/tps and click on
Temporary Protected Status for Haiti.
Fees for the Form I–821, Form I–765,
and biometrics fee are also described in
8 CFR 103.7(b).
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. As
previously stated, if you are unable to
pay, you may apply for a biometrics fee
waiver by completing Form I–912 or
your own request for a fee waiver, and
providing satisfactory supporting
documentation. For more information
on the biometric services fee, please
visit the USCIS Web site at https://
www.uscis.gov.
Mailing Information
Mail your application for TPS to the
proper address in Table 3:
TABLE 3–MAILING ADDRESSES
If you live in . . .
For regular mail, send to . . .
For express mail and courier deliveries, send to . . .
The state of Florida ..............
USCIS, P.O. Box 4464, Chicago, IL 60680–4464 ..........
The state of New York .........
USCIS, P.O. Box 660167, Dallas, TX 75266–0167 .......
All other states .....................
USCIS, P.O. Box 24047, Phoenix, AZ 85074–4047 ......
USCIS, Attn: Haiti TPS, 131 South Dearborn, 3rd Floor,
Chicago, IL 60603–5520.
USCIS, Attn: Haiti TPS, 2501 S. State Hwy. 121, Business, Suite 400, Lewisville, TX 75067.
USCIS, Attn: Haiti TPS, 1820 E. Skyharbor Circle S,
Suite 100, Phoenix, AZ 85034.
E-Filing
You cannot e-file your application
when applying for initial registration for
TPS. Please mail your application to the
mailing address listed in Table 2 above.
Employment Authorization Document
(EAD)
May I request an interim EAD at my
local USCIS office?
No. USCIS will not issue interim
EADs to TPS applicants at local offices.
jlentini on DSK4TPTVN1PROD with NOTICES
What documents may I show to my
employer as proof of employment
authorization and identity for Form I–9
(Employment Eligibility Verification
form)?
To complete Form I–9 for new hires,
an employee must present his or her
employer with proof of identity and
employment authorization. For
reverification, an employee needs to
provide proof of continued employment
authorization. Document choices are
listed on the Lists of Acceptable
Documents on page 5 of Form I–9. An
EAD is listed as an acceptable document
under ‘‘List A.’’ Therefore, TPS
beneficiaries under this redesignation of
Haiti who have timely registered with
USCIS as directed under this notice and
obtained an EAD may present their
valid EAD to their employers as proof of
employment authorization and identity.
In the alternative, employees may
present any other legally acceptable
document or combination of documents
listed on the Form I–9 as proof of
identity and employment authorization.
Employers may not request proof of
Haitian citizenship when completing
Form I–9. Employers should accept a
valid EAD so long as the EAD
reasonably appears on its face to be
genuine and to relate to the employee.
VerDate Mar<15>2010
15:54 May 18, 2011
Jkt 223001
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
DOJ’s 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 employment problems. Additional
information is available on the OSC Web site
at https://www.justice.gov/crt/osc/.
Note Regarding State and Local
Government Agencies (Such as Departments
of Motor Vehicles): State and Local
government agencies are permitted to create
their own guidelines when granting certain
benefits, such as a driver’s license or an
identification card. Each state may have
different laws and requirements pertaining to
the documents that may be used to prove
eligibility for certain benefits. If you are
applying for a state or local government
benefit, you should take all documents that
show that you are a TPS beneficiary to the
state or local government agency. Examples
are:
(1) A copy of your Form I–821 Approval
Notice (I–797), and
(2) Your EAD that has a valid expiration
date (if you have a TPS-based EAD).
[FR Doc. 2011–12440 Filed 5–18–11; 8:45 am]
BILLING CODE 9111–97–P
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5487–N–16]
Notice of Submission of Proposed
Information Collection to OMB;
Emergency Comment Request Choice
Neighborhoods
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of proposed information
collection.
AGENCY:
The proposed information
collection requirement described below
has been submitted to the Office of
Management and Budget (OMB) for
review and approval, as required by the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35, as amended). The
Department is soliciting public
comments on the subject proposal, to
assure better understanding of the
reporting requirements and consistency
in the submission of data.
DATES: Comments Due Date: May 26,
2011.
SUMMARY:
Interested persons are
invited to submit comments regarding
this proposal. Comments must be
received within seven (14) days from
the date of this Notice. Comments
should refer to the proposal by name/or
OMB approval number) and should be
sent to: HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; e-mail:
Ross_A._Rutledge@omb.eop.gov; fax:
202–395–3086.
FOR FURTHER INFORMATION CONTACT:
Reports Management Officer, QDAM,
Department of Housing and Urban
Development, 451 7th Street, SW.,
ADDRESSES:
E:\FR\FM\19MYN1.SGM
19MYN1
Agencies
[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Notices]
[Pages 29000-29004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12440]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2500-10; DHS Docket No. USCIS 2010-0016]
RIN 1615-ZB01
Extension and Redesignation of Haiti for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is both extending the existing designation of Haiti for
temporary protected status (TPS) for 18 months from July 23, 2011
through January 22, 2013, and redesignating Haiti for TPS for 18
months, effective July 23, 2011 through January 22, 2013. The extension
allows current eligible TPS beneficiaries to retain their TPS through
January 22, 2013. The redesignation of Haiti allows additional
individuals who have been continuously residing in the United States
since January 12, 2011, to obtain TPS, if eligible, including certain
Haitians who arrived in the United States following the January 12,
2010 earthquake in Haiti.
Under the redesignation, individuals who currently do not have TPS,
or a TPS application pending, may apply for TPS from May 19, 2011
through November 15, 2011. In addition to demonstrating continuous
residence in the United States since January 12, 2011, initial
applicants for TPS under this redesignation must demonstrate that they
have been continuously physically present in the United States since
July 23, 2011, the effective date of the redesignation of Haiti.
For individuals who have already been granted Haiti TPS, the 90-day
re-registration period will run from May 23, 2011 through August 22,
2011. The Department will publish a Federal Register notice in May with
complete information on the re-registration procedures, including the
automatic 6-month extension of currently valid employment authorization
documents (EADs) that expire July 22, 2011. However, current Haiti TPS
beneficiaries may not apply for re-registration until May 23, 2011.
Applications and fees submitted before that date will be rejected and
will have to be resubmitted once the re-registration period starts.
TPS applications that were filed during the first Haiti designation
that opened on January 21, 2010, and remain pending on May 19, 2011
will be treated as initial applications under the redesignation.
Therefore, individuals who have a pending TPS application will not need
to file a new Application for Temporary Protected Status, Form I-821.
Additional instructions are provided in this notice for individuals
whose TPS applications remain pending and who would like to obtain an
EAD valid through January 22, 2013.
DATES: Extension of TPS: The 18-month extension of the existing
designation for Haiti is effective July 23, 2011, and will remain in
effect through January 22, 2013. The 90-day re-registration period for
current Haiti TPS beneficiaries will run from May 23, 2011 through
August 22, 2011. Re-registration procedures will be announced prior to
the start of the re-registration period.
Redesignation of TPS: The redesignation of Haiti for TPS is
effective July 23, 2011, and will remain in effect through January 22,
2013, a period of 18 months. The initial registration period for new
applicants under the Haiti TPS re-designation will run from May 19,
2011 through November 15, 2011.
FOR FURTHER INFORMATION CONTACT:
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS TPS Web page at https://www.uscis.gov/tps. You can find
specific information about this TPS extension and re-designation of TPS
for Haiti by selecting ``TPS Designated Country--Haiti'' from the menu
on the left of the TPS Web page. From the Haiti page, you can select
the Haiti TPS Questions & Answers Section from the menu on the right
for further information.
You can also contact the TPS Operations Program Manager at
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 or by phone at
(202) 272-1533 (this is not a toll-free number). 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
DHS--Department of Homeland Security
DOJ--Department of Justice
DOS--Department of State
EAD--Employment Authorization Document
GoH--Government of Haiti
IDP--Internally Displaced Person
INA--Immigration and Nationality Act
NGO--Nongovernmental Organizations
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration Related Unfair Employment Practices
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
UN--United Nations
UNICEF--United Nations Children's Fund
USAID--U.S. Agency for International Development
USCIS--U.S. Citizenship and Immigration Services
What is TPS?
Temporary Protected Status (TPS) is an immigration status
granted under the Immigration and Nationality Act (INA) to eligible
nationals of a country designated for TPS (or to persons without
nationality who last habitually resided in the designated country).
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States and to obtain work
authorization documentation, so long as they continue to meet the terms
and conditions of their TPS status.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
A grant 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 obtaining TPS (unless that status has since expired or been
terminated) or to any other status they may have obtained while
registered for TPS.
When was Haiti first designated for TPS?
On January 21, 2010, the Secretary designated Haiti for TPS based
on extraordinary and temporary conditions within Haiti which prevented
aliens who are nationals of Haiti (or persons without nationality who
last habitually resided in Haiti) from returning to Haiti
[[Page 29001]]
safely, specifically the effects of the 7.0-magnitude earthquake that
occurred January 12, 2010. See 75 FR 3476; see also INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).\1\
---------------------------------------------------------------------------
\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 INA describing functions transferred under the HSA
from the DOJ to the DHS ``shall be deemed to refer to the
Secretary'' of Homeland Security. See 6 U.S.C. 557 (2003) (codifying
HSA, tit. XV, sec. 1517).
---------------------------------------------------------------------------
What authority does the Secretary have to extend the designation of
Haiti for TPS?
At least 60 days before the expiration of a country's TPS
designation or extension, 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. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
a foreign state continues to meet the conditions for TPS designation,
the designation is extended for an additional 6 months (or in the
Secretary's discretion for 12 or 18 months). See INA section
244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If the Secretary determines that
the foreign state no longer meets the conditions for TPS designation,
the Secretary must terminate the designation. See INA section
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
What is the Secretary's authority to redesignate Haiti for TPS?
In addition to extending an existing TPS designation so that
current beneficiaries may renew their TPS, the Secretary, after
consultation with appropriate agencies of the government, may
redesignate a country (or part thereof) for TPS. See INA section
244(b)(1), 8 U.S.C. 1254a(b)(1); see also INA section 244(c)(1)(A)(i),
8 U.S.C. 1254a(c)(1)(A)(i) (requiring that ``the alien has been
continuously physically present since the effective date of the most
recent designation of the state'') (emphasis added). This is one of
several instances in which the Secretary and, prior to the
establishment of DHS, the Attorney General have simultaneously extended
a country's TPS designation and redesignated the country for TPS. See,
e.g., 69 FR 60168 (Oct. 7, 2004) (extension and redesignation for
Sudan); 62 FR 16608 (Apr. 7, 1997) (extension and redesignation for
Liberia).
When the Secretary designates or redesignates a country for TPS,
she also has the discretion to establish the date from which TPS
applicants must demonstrate that they have been ``continuously
resid[ing]'' in the United States. See INA section 244(c)(1)(A)(ii).
This discretion permits her to tailor the ``continuous residence'' date
to offer TPS protection to the group of individuals that she deems most
appropriate.
The Secretary has determined that the ``continuous residence'' date
for applicants for Haiti TPS shall be changed from its original date of
January 12, 2010, to January 12, 2011. See 75 FR 3476. Initial
applicants for TPS under this redesignation must also show they have
been ``continuously physically present'' in the United States since
July 23, 2011, which is the effective date of the Secretary's most
recent designation, or redesignation, of Haiti. See INA section
244(c)(1)(A)(i). For each initial TPS application filed under the
redesignation, the final determination whether the applicant has met
the ``continuous physical presence'' requirement cannot be made until
July 23, 2011. USCIS, however, will issue employment authorization
documentation, as appropriate, during the registration period in
accordance with 8 CFR 244.5(b).
Why is the Secretary extending the TPS designation for Haiti and
simultaneously re-designating Haiti for TPS?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Haiti. Based on this review, and
after consulting with DOS, the Secretary has determined that an 18-
month extension of Haiti's TPS designation from July 23, 2011 through
January 22, 2013, is warranted because the conditions prompting the
original designation continue to be met. The Secretary has further
determined that these same conditions in Haiti support redesignating
Haiti for TPS under INA section 244(b)(1)(C) and changing the
``continuous residence'' and ``continuous physical presence'' dates so
as to continue affording TPS protection to eligible Haitians who
arrived in the United States before January 12, 2010 and to extend TPS
protection to eligible Haitians who arrived between January 12, 2010
and January 12, 2011.
The January 12, 2010 earthquake has exacerbated Haiti's position as
the least-developed country in the Western Hemisphere and one of the
poorest in the world. According to the Central Intelligence Agency
World Factbook (last updated on September 22, 2010), 80 percent of
Haiti's population is living below the poverty line. Per capita gross
domestic product is now under $2 per day, and comparative social and
economic indicators continue to decline. Low revenue collection rates
by the Government of Haiti (GoH)--barely over 10 percent of gross
domestic product--remain insufficient for Haiti to provide adequate
social services and to invest in physical and human capital.
According to the GoH, an estimated 230,000 people died and
approximately three million were affected by the earthquake. In total,
more than one million Haitians have been left homeless and are
currently living in temporary camps. As of October 14, 2010, teams from
international nongovernmental organizations (NGOs) and the GoH had
conducted assessments of structures to determine habitability on
297,569 buildings out of an estimated 350,000 to 400,000 buildings
destroyed by the earthquake. Roughly half of those buildings assessed
were deemed safe for habitation with another 26 percent deemed possibly
safe with repairs conducted. Approximately 21 percent of assessed homes
thus far have been deemed unsafe, requiring major repairs or
demolition.
Despite these assessments, DOS estimates that there are
approximately 1,300 internally displaced persons (IDPs) camps in Haiti.
Although statistical reports vary, the United Nations Children's Fund
(UNICEF) reports that there are approximately 1.6 million IDPs, of
which approximately 800,000 are children. The IDP camps are extremely
crowded and are vulnerable to flooding, crime (including gender-based
violence), and disease.
International NGOs report that primary healthcare services are
available at 160 fixed and mobile sites. Thirty-one percent of these
sites are supported by USAID and the Office of U.S. Foreign Disaster
Assistance. The current cholera outbreak in Haiti is evidence of the
vulnerability of the public health sector of Haiti. Although
statistical reports have varied, the GoH Ministry of Public Health and
Population reported 199,497 cholera cases, including 112,656
hospitalizations and 3,927 deaths. Health officials and aid
organizations believe the outbreak may spread nationwide. In efforts to
contain the outbreak, a network of cholera treatment centers has been
created.
Based on this review and after consultation with the appropriate
Government agencies, the Secretary has determined that:
The conditions that prompted the January 21, 2010
designation of Haiti for TPS continue to be met. See INA sections
244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
[[Page 29002]]
Nationals of Haiti (and persons without nationality who
last habitually resided in Haiti) still cannot safely return to Haiti
due to continued extraordinary and temporary conditions. See INA
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
It is not contrary to the national interest of the United
States to permit aliens who meet the eligibility requirements for TPS
to remain in the United States temporarily. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The TPS designation of Haiti should be extended for an
additional 18-month period from July 23, 2011 through January 22, 2013.
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Haiti should be simultaneously redesignated for TPS
effective July 23, 2011 through January 22, 2013. See INA sections
244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2).
It is appropriate to change the date by which TPS
applicants must demonstrate that they have continuously resided in the
United States from January 12, 2010 to January 12, 2011.
The date by which TPS applicants must demonstrate that
they have been continuously physically present in the United States is
July 23, 2011, the effective date of the redesignation of Haiti for
TPS.
There are approximately 47,000 current Haiti TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
It is estimated that approximately 10,000 additional
individuals may be eligible for TPS under the redesignation of Haiti.
Why is the Secretary changing the ``continuous residence'' date from
January 12, 2010 to January 12, 2011?
In the aftermath of the earthquake in Haiti, additional Haitian
nationals were lawfully admitted to the United States as nonimmigrants
or were granted humanitarian parole for emergency reasons. As described
in this notice, the devastating impact of the January 12, 2010
earthquake continues to create extraordinary and temporary conditions
that prevent aliens who are nationals of Haiti from safely returning to
Haiti. Therefore, the Secretary has determined, in her discretion, that
it is appropriate for DHS to extend TPS to eligible Haitians who
arrived in the United States between January 12, 2010, and January 12,
2011, so that they will not be subject to removal while in TPS and can
obtain work authorization to support themselves until they are able to
return safely to Haiti.
Notice of Extension of TPS for Haiti and Re-designation of Haiti for
TPS through January 22, 2013
By the authority vested in me as Secretary of Homeland Security
under section 244 of the INA, 8 U.S.C. 1254a, I have determined, after
consultation with the appropriate government agencies, that the
conditions that prompted the original designation of Haiti for
temporary protected status on January 21, 2010, continue to be met. See
INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this
determination, I am simultaneously extending the existing TPS
designation of Haiti for 18 months from July 23, 2011 through January
22, 2013, and redesignating Haiti for TPS for 18 months effective July
23, 2011 through January 22, 2013. See INA sections 244(b)(1)(C) and
(b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2). I am also changing the
``continuous residence'' date from January 12, 2010 to January 12,
2011. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii).
Janet Napolitano,
Secretary.
How do I know whether I should wait until May 23, 2011, to apply for
re-registration under the extension of TPS or whether I should file an
initial TPS application now under the re-designation of Haiti?
Table 1 below will help you decide if you should file for re-
registration under the extension of TPS for Haiti or if you should file
an initial application under the re-designation of Haiti for TPS.
Table 1--Re-Registration Filing Versus Initial Filing
------------------------------------------------------------------------
If . . . And . . . Then . . .
------------------------------------------------------------------------
You filed a TPS application Your application You need to re-
under the initial designation was approved by register under the
of Haiti during the May 19, 2011. extension by filing
registration period January a Form I-821
21, 2010 through January 18, application and Form
2011, or filed after January I-765 during the re-
18 under the fee waiver cure.. registration period
May 23, 2011 through
August 22, 2011.
You filed a TPS application Your application You do not yet have
under the initial designation is still pending TPS and your pending
of Haiti during the as of May 19, Form I-821 will be
registration period January 2011. treated as an
21, 2010 through January 18, initial application
2011, or filed after January under the
18 under the fee waiver cure.. redesignation. You
do not need to file
a new Form I-821.
Please see Table 2
to determine if you
need to file a new
Form I-765.
You filed a TPS application Your application You may be covered
under the initial designation was denied under the re-
of Haiti during the before May 19, designation and you
registration period January 2011, and you need to file an
21, 2010 through January 18, believe you may initial application
2011, or filed after January be eligible for during the
18 under the fee waiver cure.. TPS under the registration period
redesignation. May 19, 2011 through
November 15, 2011.
You never filed a TPS You believe you You may be covered
application under the initial may be eligible under the re-
designation of Haiti. for TPS under designation and you
the need to file an
redesignation. initial application
during the
registration period
May 19, 2011 through
November 15, 2011.
------------------------------------------------------------------------
[[Page 29003]]
I have been granted TPS. If the re-registration period does not begin
until May 2011, does my current TPS continue through January 22, 2013?
Although an individual's TPS continues until it is withdrawn or
terminated, your TPS will be withdrawn if you fail to re-register
during the May 23, 2011 through August 22, 2011 period, or if USCIS
does not approve your re-registration application. The forthcoming
Federal Register notice, to be published in May 2011, regarding re-
registration will explain the requirements, fees, and fee waiver
procedures. Please do not submit your re-registration application
before May 23rd or it will be rejected, and you will need to re-file
when the re-registration period opens. Given the timeframes involved
with processing TPS re-registration applications, and because the re-
registration period will not open until May 23, 2011, DHS recognizes
the possibility that re-registrants may not receive new EADs until
after their current EADs expire on July 22, 2011. Accordingly, the May
2011 Federal Register notice explaining the re-registration procedures
will also extend the validity of EADs issued under the original TPS
designation of Haiti for an additional 6 months, through January 22,
2012. That notice will provide further details for re-registration and
explanations of the 6-month automatic extension of EADs that expire on
July 22, 2011.
I have a pending TPS application filed during the original Haiti TPS
registration period that ran from January 21, 2010 through January 18,
2011. What should I do?
If your TPS application is still pending on May 19, 2011, then you
will not need to file a new Application for Temporary Protected Status,
Form I-821. Pending TPS applications will be treated as initial
applications under the re-designation. Therefore, if your TPS
application is approved, you will be granted TPS through January 22,
2013. If you have a pending TPS application and you wish to have an EAD
valid through January 22, 2013, please look at Table 2 below to
determine whether you should file a new Application for Employment
Authorization, Form I-765. If you do need to file a new Form I-765,
wait until the re-registration period opens May 23, 2011, before filing
your application.
Table 2--EAD Information for Still Pending TPS Applications
----------------------------------------------------------------------------------------------------------------
If . . . And . . . Then . . . But if . . .
----------------------------------------------------------------------------------------------------------------
You requested an EAD during the You received an EAD You must file a new Your Form I-821 is
original registration period for with Category C19 or Form I-765 with fee denied before the re-
Haiti TPS. A12. (or fee waiver registration period
request) during the re- opens May 23, 2011,
registration period then DO NOT file a new
that opens May 23, Form I-765. If you
2011 if you wish to file a new Form I-765,
have a new EAD valid it will be denied due
through January 22, to the denial of your
2013. Form I-821.
You requested an EAD during the You did not receive an You do not need to file .......................
original registration period for EAD with Category C19 a new Form I-765. If
Haiti TPS. or A12. your TPS application
is approved, your Form
I-765 will be approved
through January 22,
2013.
You did not request an EAD during the You wish to have an EAD You must file a new Your Form I-821 is
original registration period for valid through January Form I-765 with fee denied before the re-
Haiti TPS. 22, 2013. (or fee waiver registration period
request) during the re- opens on May 23, 2011,
registration period then DO NOT file a new
that opens May 23, Form I-765. If you
2011. file a new Form I-765,
it will be denied due
to the denial of your
Form I-821.
You did not request an EAD during the You do not wish to have You do not need to file .......................
original registration period. an EAD valid through a new Form I-765.
January 22, 2013.
----------------------------------------------------------------------------------------------------------------
I am not a TPS beneficiary and I do not have a TPS application pending.
What are the procedures for Initial Registration for TPS under the
Redesignation?
Individuals who do not yet have Haiti TPS or a pending application
for TPS may submit their TPS applications during the 180-day initial
registration period that will run from May 19, 2011 through November
15, 2011.
The remainder of this Federal Register notice provides the
procedures for initial registration under the redesignation. The
following procedures do not apply to individuals who have already been
granted TPS under the original designation of Haiti. Re-registration
procedures for current TPS beneficiaries will be announced in a
subsequent Federal Register notice that will be published in May.
Required Application Forms and Application Fees To Register Initially
for TPS
To register for TPS for the first time, an applicant must submit:
1. Application for Temporary Protected Status, Form I-821 and pay
the Form I-821 application fee, which is $50, and
2. Application for Employment Authorization, Form I-765.
If you 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 initial TPS
registration.
You do not pay the Form I-765 fee if you are not
requesting an EAD.
Individuals who are in removal proceedings will be provided an
opportunity to apply for TPS in accordance with 8 CFR 244.7(d) and
1244.7(d).
You must submit both completed application forms together. If you
are unable to pay, you may apply for application and/or biometrics fee
waivers by completing Request for Fee Waiver, Form I-912, or submitting
your own request for a fee waiver, and providing satisfactory
supporting documentation. For more information on the application forms
and
[[Page 29004]]
application fees for TPS, please visit the USCIS TPS Web page at https://www.uscis.gov/tps and click on Temporary Protected Status for Haiti.
Fees for the Form I-821, Form I-765, and biometrics fee are also
described in 8 CFR 103.7(b).
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. As previously stated, if you are unable to pay, you may
apply for a biometrics fee waiver by completing Form I-912 or your own
request for a fee waiver, and providing satisfactory supporting
documentation. For more information on the biometric services fee,
please visit the USCIS Web site at https://www.uscis.gov.
Mailing Information
Mail your application for TPS to the proper address in Table 3:
Table 3-Mailing Addresses
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For express mail and
For regular mail, courier deliveries,
If you live in . . . send to . . . send to . . .
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The state of Florida........ USCIS, P.O. Box USCIS, Attn: Haiti
4464, Chicago, IL TPS, 131 South
60680-4464. Dearborn, 3rd
Floor, Chicago, IL
60603-5520.
The state of New York....... USCIS, P.O. Box USCIS, Attn: Haiti
660167, Dallas, TX TPS, 2501 S. State
75266-0167. Hwy. 121, Business,
Suite 400,
Lewisville, TX
75067.
All other states............ USCIS, P.O. Box USCIS, Attn: Haiti
24047, Phoenix, AZ TPS, 1820 E.
85074-4047. Skyharbor Circle S,
Suite 100, Phoenix,
AZ 85034.
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E-Filing
You cannot e-file your application when applying for initial
registration for TPS. Please mail your application to the mailing
address listed in Table 2 above.
Employment Authorization Document (EAD)
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to TPS applicants at local
offices.
What documents may I show to my employer as proof of employment
authorization and identity for Form I-9 (Employment Eligibility
Verification form)?
To complete Form I-9 for new hires, an employee must present his or
her employer with proof of identity and employment authorization. For
reverification, an employee needs to provide proof of continued
employment authorization. Document choices are listed on the Lists of
Acceptable Documents on page 5 of Form I-9. An EAD is listed as an
acceptable document under ``List A.'' Therefore, TPS beneficiaries
under this redesignation of Haiti who have timely registered with USCIS
as directed under this notice and obtained an EAD may present their
valid EAD to their employers as proof of employment authorization and
identity. In the alternative, employees may present any other legally
acceptable document or combination of documents listed on the Form I-9
as proof of identity and employment authorization.
Employers may not request proof of Haitian citizenship when
completing Form I-9. Employers should accept a valid EAD so long as the
EAD reasonably appears on its face to be genuine and to relate to the
employee.
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 DOJ's 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
employment problems. Additional information is available on the OSC
Web site at https://www.justice.gov/crt/osc/.
Note Regarding State and Local Government Agencies (Such as
Departments of Motor Vehicles): State and Local government agencies
are permitted to create their own guidelines when granting certain
benefits, such as a driver's license or an identification card. Each
state may have different laws and requirements pertaining to the
documents that may be used to prove eligibility for certain
benefits. If you are applying for a state or local government
benefit, you should take all documents that show that you are a TPS
beneficiary to the state or local government agency. Examples are:
(1) A copy of your Form I-821 Approval Notice (I-797), and
(2) Your EAD that has a valid expiration date (if you have a
TPS-based EAD).
[FR Doc. 2011-12440 Filed 5-18-11; 8:45 am]
BILLING CODE 9111-97-P