Re-registration Procedures for Temporary Protected Status (TPS) Beneficiaries Under the Extended TPS Designation of Haiti and Automatic Extension of Employment Authorization Documentation for Haitian TPS Beneficiaries, 29777-29781 [2011-12576]

Download as PDF Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency U.S. Citizenship and Immigration Services [Internal Agency Docket No. FEMA–1972– DR; Docket ID FEMA–2011–0001] Mississippi; Amendment No. 2 to Notice of a Major Disaster Declaration Federal Emergency Management Agency, DHS. AGENCY: ACTION: Notice. This notice amends the notice of a major disaster declaration for the State of Mississippi (FEMA–1972–DR), dated April 29, 2011, and related determinations. SUMMARY: DATES: Effective Date: May 9, 2011. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3886. The notice of a major disaster declaration for the State of Mississippi is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 29, 2011. srobinson on DSK4SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: Alcorn, Attala, Clay, Coahoma, DeSoto, Grenada, Holmes, Leflore, Marshall, Montgomery, Newton, Panola, Quitman, Smith, Sunflower, Tishomingo, Tunica, and Winston Counties for Individual Assistance. The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2011–12651 Filed 5–20–11; 8:45 am] BILLING CODE 9111–23–P VerDate Mar<15>2010 16:22 May 20, 2011 Jkt 223001 [CIS No. 2504–11; DHS Docket No. USCIS 2011–0006] RIN 1615–ZB02 Re-registration Procedures for Temporary Protected Status (TPS) Beneficiaries Under the Extended TPS Designation of Haiti and Automatic Extension of Employment Authorization Documentation for Haitian TPS Beneficiaries U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. AGENCY: This notice announces the opening of the 90-day re-registration period (May 23, 2011 through August 22, 2011) for individuals who were granted Temporary Protected Status (TPS) under the original designation of Haiti for TPS and whose initial TPS applications were approved on or before May 19, 2011. These TPS beneficiaries may now re-register under the 18-month extension of TPS for Haiti that was announced in the Federal Register notice published on May 19, 2011. New employment authorization documents (EADs) with a January 22, 2013 expiration date will be issued to eligible TPS beneficiaries who timely reregister and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, the Department of Homeland Security recognizes that all re-registrants may not receive new EADs until after their current EADs expire on July 22, 2011. Accordingly, this notice automatically extends the validity of EADs issued under the TPS designation of Haiti for six months, through January 22, 2012. This notice also explains to TPS beneficiaries and their employers which EADs are automatically extended. DATES: The extension of the TPS designation of Haiti is effective July 23, 2011, and will remain in effect through January 22, 2013. The 90-day reregistration period begins on May 23, 2011, and will be open through August 22, 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 extension of the Haiti TPS designation by selecting ‘‘TPS SUMMARY: PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 29777 Designated Country: Haiti’’ from the menu on the left of the TPS Web page. From the Haiti page, you can find additional information by selecting ‘‘Temporary Protected Status—Haiti Questions & Answers’’ from the menu on the right. • You can contact the TPS Operations Program Manager by sending mail to Family and Status 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 INA—Immigration and Nationality Act DHS—Department of Homeland Security DOJ—Department of Justice DOS—Department of State EAD—Employment Authorization Document OSC—Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices Secretary—Secretary of Homeland Security TPS—Temporary Protected Status Background On January 21, 2010, the Secretary of Homeland Security (Secretary), Janet Napolitano, designated Haiti for Temporary Protected Status (TPS) following the devastating earthquake in Haiti on January 12, 2010. See 75 FR 3476. On May 19, 2011, the Secretary extended TPS for Haiti for an additional 18 months through January 23, 2013, and also re-designated Haiti for TPS through the same date. The extension allows existing, eligible Haitian TPS beneficiaries to retain their TPS, whereas the redesignation allows certain eligible individuals who arrived after the January 12, 2010 earthquake and before January 13, 2011 to obtain TPS. Id. The Federal Register notice published on May 19, 2011, provided registration procedures for individuals applying for TPS under the redesignation of Haiti. This notice provides re-registration application procedures and other E:\FR\FM\23MYN1.SGM 23MYN1 29778 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices relevant information for individuals who were granted TPS under the original designation. TPS beneficiaries who were granted TPS by May 19, 2011, must now apply for re-registration between May 23, 2011 and August 22, 2011. USCIS will withdraw TPS from any beneficiary who fails to file a timely re-registration application without good cause. INA section 244(c)(3)(C), 8 U.S.C. 1254a(c)(3)(C). How do I know whether I should apply for re-registration under the extension of TPS or whether I should file an initial TPS application under the redesignation of Haiti? Table 1 below will help you decide if you should file a re-registration application under the extension of TPS for Haiti or if you should file an initial application under the redesignation of Haiti for TPS. Table 1 will also help you decide if you need to file an Application for Temporary Protected Status, Form I– 821, and/or an Application for Employment Authorization, Form I– 765. 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, 2011 under the fee waiver cure*. Your application was approved by May 19, 2011. You need to re-register under the extension by filing Form I–821 and Form I–765 during the re-registration period of May 23, 2011 through August 22, 2011. Your application is still pending as of May 19, 2011. You do not yet have TPS. Your pending Form I–821 will be treated as an initial application under the redesignation, so 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 redesignation. You must file an initial Form I–821 and Form I–765 during the registration period ending November 15, 2011. *The ‘‘fee waiver cure’’ refers to USCIS’ policy of permitting certain applicants whose request for a TPS fee waiver was denied to refile their applications, with the correct fees, during a limited period after January 18, 2011. See 75 FR 39957 (July 13, 2010). USCIS sent the affected applicants an individual notice with the procedures for re-filing. You never filed a TPS application under the initial designation of Haiti. 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 remained pending on May 19, 2011, you do not need to file a new Form I–821. Pending 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. TPS applications are being treated as initial applications under the redesignation. Therefore, if your TPS application is approved, you will be granted TPS through January 22, 2013. If your TPS application was pending on May 19, 2011 and it has not been denied, please refer to Table 2 below to You may be covered under the redesignation. You must file an initial Form I–821 and Form I–765 during the registration period ending November 15, 2011. determine whether you should file a new Form I–765, starting May 23, 2011. If your TPS application was denied after May 19, 2011, do not file a new Form I–765; if you do file, the new Form I–765 will be denied because your Form I–821 was denied under the redesignation. TABLE 2—EAD INFORMATION FOR TPS APPLICATIONS PENDING ON MAY 19, 2011 And . . . Then . . . But if . . . You requested an EAD during the original registration period for Haiti TPS. You received an EAD with Category C19 (temporary TPS-related EAD) or A12 (regular TPS-related EAD). You must file a new Form I–765 with fee (or fee waiver request) during the re-registration period that opens on 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 on May 23, 2011, DO NOT file a new Form I–765. If you file a new Form I–765 it will be denied because your Form I–821 was denied under the redesignation. You did not receive an EAD with Category C19 or A12. srobinson on DSK4SPTVN1PROD with NOTICES If . . . 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.. VerDate Mar<15>2010 16:22 May 20, 2011 Jkt 223001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices 29779 TABLE 2—EAD INFORMATION FOR TPS APPLICATIONS PENDING ON MAY 19, 2011—Continued If . . . And . . . Then . . . But if . . . You did not request an EAD during the original registration period for Haiti TPS. You want an EAD valid 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 on May 23, 2011. 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 because your Form I– 821 was denied under the redesignation. You do not want an EAD valid through January 22, 2013. You do not need to file a Form I– 765. I am a TPS beneficiary. What are the procedures for re-registration for TPS under the extension? The remainder of this Federal Register notice will provide you with the procedures for re-registration under the extension. The following procedures do not apply to individuals who are filing an initial application under the redesignation. Registration procedures for individuals applying for TPS under the redesignation can be found in the Haitian TPS Federal Register notice that was published on May 19, 2011, and on the ‘‘TPS Designated Country: Haiti’’ Web page that can be accessed from the USCIS TPS Web site at https:// www.uscis.gov/tps. Required Application Forms and Application Fees to Re-Register for TPS To re-register for TPS, an applicant must submit: 1. Application for Temporary Protected Status, Form I–821 • You do not need to pay the application fee for a re-registration; and 2. Application for Employment Authorization, Form I–765 • For re-registration, you must pay the application fee if you want an EAD. • You do not pay the Form I–765 fee if you are not requesting an EAD. 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 submitting a written request for a fee waiver or by completing Request for Fee Waiver, Form I–912, and providing satisfactory supporting documentation. For more information on the application forms and application fees for TPS, please visit the USCIS TPS Web page at https:// www.uscis.gov/tps and on left hand column click on Temporary Protected Status for Haiti. Fees for the Form I–821, Form I–765, and biometric services 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 submitting your own written 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 re-registration 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 ............................................ The state of New York ....................................... USCIS, P.O. Box 4464, Chicago, IL 60680– 4464. 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 60603–5517. 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 srobinson on DSK4SPTVN1PROD with NOTICES E-filing is not available for Haiti TPS, so you cannot e-file your re-registration application. Please mail your application to the mailing address listed in Table 3 above. Employment Authorization Documents (EADs) DHS recognizes the possibility that all re-registrants may not receive new EADs until after their current EADs expire on July 22, 2011. Accordingly, DHS is automatically extending the validity of EADs issued under the 2010 TPS VerDate Mar<15>2010 16:22 May 20, 2011 Jkt 223001 designation of Haiti for six months, through January 22, 2012. 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 six-month EAD extension from July 23, 2011, through January 22, 2012? You will receive an automatic sixmonth extension of your EAD if you: • Are a national of Haiti (or an alien having no nationality who last PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 habitually resided in Haiti) who received an EAD under the designation of Haiti for TPS, and • Have not had TPS withdrawn or denied. This automatic extension is limited to EADs Form I–766 with an expiration date of July 22, 2011. These EADs must also bear the notation ‘‘A–12’’ or ‘‘C–19’’ on the face of the card under ‘‘Category.’’ E:\FR\FM\23MYN1.SGM 23MYN1 29780 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices Upon hire, what documentation may I show to my employer as proof of employment authorization and identity when completing Employment Eligibility Verification, Form I–9? You can find a list of acceptable document choices on page 5 of the Employment Eligibility Verification form, Form I–9. Employers are required to verify the identity and employment authorization of all new employees by using Form I–9. Within three days of hire, an employee must present his or her employer with proof of identity and employment authorization. You may present any document from List A (reflecting both your identity and employment authorization), or one document from list B (reflecting identify) together with one document from list C (reflecting employment authorization). An EAD is an acceptable document under ‘‘List A.’’ If you received a six-month automatic extension of your EAD by virtue of this Federal Register notice, you may choose to present your automatically extended EAD, as described above, to your employer as proof of identity and employment authorization for Form I–9 through January 22, 2012 (see the subsection below titled ‘‘How do I and my employer complete Form I–9 using an automatically extended EAD for a new job (i.e., verification)’’ for further information). To minimize confusion over this extension at the time of hire, you may choose to present a copy of this Federal Register notice regarding the automatic extension of employment authorization through January 22, 2012, to your employer. As an alternative to presenting your automatically extended EAD, you may choose to present any other acceptable document from list A, or list B plus list C. srobinson on DSK4SPTVN1PROD with NOTICES What documentation may I show my employer if I am already employed but my current TPS-related EAD is set to expire? You must present any document from list A or any document from list C on Form I–9 to reverify employment authorization. Employers are required to reverify on Form I–9 the employment authorization of current employees upon the expiration of a TPS-related EAD. If you received a six-month automatic extension of your EAD by virtue of this Federal Register notice, your employer does not need to reverify until after January 22, 2012. You and your employer do need to make corrections to the employment authorization expiration dates in section 1 and section 2 of the Form I–9 (see the subsection VerDate Mar<15>2010 16:22 May 20, 2011 Jkt 223001 below titled ‘‘How do I and my employer fill out Form I–9 using an automatically extended EAD for my current job?’’ for further information). In addition, you may also show this Federal Register notice to your employer to avoid confusion about whether or not your expired TPS-related document is acceptable. After January 22, 2012, when the automatic extension expires, your employer must reverify your employment authorization. You may show any document from list A or list C on Form I–9 to satisfy this reverification requirement (including a new TPS EAD that expires January 22, 2013). What happens after January 22, 2012 for purposes of employment authorization? After January 22, 2012, employers may not accept the EADs that were automatically extended by this Federal Register notice. However, USCIS will issue new EADs to TPS re-registrants. These EADs will have an expiration date of January 22, 2013, and can be presented to your employer 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.’’ Alternatively, you may choose to present any other legally acceptable document or combination of documents listed on the Form I–9 to prove identity and employment authorization. How do I and my employer complete Form I–9 using an automatically extended EAD for a new job (i.e., verification)? When using an automatically extended EAD to fill out Form I–9 for a new job prior to January 22, 2012, you and your employer should do the following: (1) For Section 1, you should: a. Check ‘‘An alien authorized to work;’’ b. Write your alien number (Anumber) in the first space (your EAD will have your A-number printed on it); and c. Write the automatic extension date in the second space. (2) For Section 2, employers should: a. Record the document title; b. Record the document number; and c. Record the automatically extended EAD expiration date. After January 22, 2012, employers must reverify the employee’s employment authorization in section 3 of Form I–9. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 How do I and my employer make corrections to Form I–9 using an automatically extended EAD for my current job? If you are an existing employee and you presented an EAD that was valid when you first started your job, but that EAD has now been automatically extended, you and your employer should correct your previously completed Form I–9 as follows: (1) For section 1, you should: a. Draw a line through the expiration date in the second space; b. Write January 22, 2012, above the previous date; c. Write ‘‘TPS Ext.’’ in the margin of section 1; and a. Initial and date the correction in the margin of section 1. (2) For section 2, employers should: a. Draw a line through the expiration date written in section 2; b. Write January 22, 2012, above the previous date; c. Write ‘‘TPS Ext.’’ in the margin of section 2; and d. Initial and date the correction in the margin of section 2. After January 22, 2012, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in section 3. If I am an employer enrolled in E-Verify, what do I do when I receive a ‘‘Work Authorization Documents Expiring’’ alert for an automatically extended EAD? If you are an employer who participates in E-Verify, you will receive a ‘‘Work Authorization Documents Expiring’’ case alert when a TPS beneficiary’s EAD is about to expire. Usually, this message is an alert to complete section 3 of Form I–9 to reverify an employee’s employment authorization. For existing employees with TPS EADs that have been automatically extended, employers should disregard the E-Verify case alert and follow the instructions above explaining how to correct Form I–9. After January 22, 2012, employment authorization needs to be reverified in section 3. You should never use EVerify for reverification. Can my employer require that I produce any other documentation to prove my status, such as proof of my Haitian citizenship? No. When completing the Form I–9, employers must accept any documentation that appears on the lists of acceptable documentation, and that reasonably appears to be genuine and that relates to you. Employers may not E:\FR\FM\23MYN1.SGM 23MYN1 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices request documentation that does not appear on the Form I–9. Therefore, employers may not request proof of Haitian citizenship when completing Form I–9. If presented with EADs that have been automatically extended pursuant to this Federal Register notice or EADs that are unexpired on their face, employers should accept such EADs as valid ‘‘List A’’ documents so long as the EADs reasonably appear on their face to be genuine and to relate to the employee. See below for important information about your rights if your employer rejects lawful documentation, requires additional documentation, or otherwise discriminates against you because of your citizenship or immigration status, or national origin. Note to All 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. The USCIS Customer Assistance Office accepts calls in English and Spanish only. Employers may also call the Department of Justice (DOJ) Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) Employer Hotline at 1–800–255–8155. srobinson on DSK4SPTVN1PROD with NOTICES Note to Employees: Employees or applicants may call the DOJ OSC Worker Information Hotline at 1–800–255–7688 for information regarding employment discrimination based upon citizenship or immigration status, and national origin, unfair documentary practices related to the Form I–9, and discriminatory practices related to E-Verify. Employers must accept any document or combination of documents acceptable for Form I–9 completion if the documentation reasonably appears to be genuine and relates to the employee. Employers may not require extra or additional documentation beyond what is required for Form I–9 completion. Further, employees who receive an initial mismatch via E-Verify must be given an opportunity to challenge the mismatch, and employers are prohibited from taking adverse action against such employees based on the initial mismatch unless and until E-Verify returns a final nonconfirmation. The Hotline accepts calls in multiple languages. 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, requirements, and determinations about what documents you VerDate Mar<15>2010 16:22 May 20, 2011 Jkt 223001 need to provide to prove eligibility for certain benefits. If you are applying for a state or local government benefit, you should provide the state or local government agency with all documents that show you are a TPS beneficiary and/or show you are authorized to work based on TPS. Examples are: (1) Your expired EAD that has been automatically extended, or your EAD that has a valid expiration date, (2) A copy of this Federal Register notice if your EAD is automatically extended, (3) A copy of your I–821 Receipt Notice (I–797) for this re-registration, (4) A copy of your I–821 Approval Notice (I–797), if you receive one from USCIS, (5) Any other document from USCIS (such as a mailer) showing that you have a pending or approved I–821 or I–765 re-registration or approved I–821 or I–765 initial registration. Some benefit-granting agencies use the USCIS Systematic Alien Verification for Entitlements Program (SAVE) to verify the current immigration status of applicants for public benefits. If such an agency has denied your application based solely or in part on a SAVE response following completion of all required SAVE verification steps, the agency must offer you the opportunity to appeal the decision in accordance with the agency’s procedures. If the agency has completed all SAVE verification and you do not believe the response is correct, you may make an Info Pass appointment for an in-person interview at a local USCIS office. Detailed information on how to make corrections and how to make an appointment or a written request can be found at the SAVE Web site at https:// www.uscis.gov/save, then by choosing ‘‘How to Correct Your Records’’ from the menu on the right. Janet Napolitano, Secretary. [FR Doc. 2011–12576 Filed 5–20–11; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5480–N–45] Notice of Submission of Proposed Information Collection to OMB; Emergency Comment Request Capacity Building for Sustainable Communities Office of Sustainable Housing and Communities, 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 SUMMARY: PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 29781 emergency review and approval, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: Comments Due Date: May 31, 2011. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments must be received within seven (7) 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: OIRA_Submission @omb.eop.gov; fax: (202) 395–5806. FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; email: Colette.Pollard@hud.gov; telephone (202) 402–3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Mr. McKinney. SUPPLEMENTARY INFORMATION: This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) enhance the quality, utility, and clarity of the information to be collected; and (4) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology; e.g., permitting electronic submission of responses. This Notice also lists the following information: Title of Proposal: Capacity Building for Sustainable Communities Program. Description of Information Collection: On December 16, 2009, the President signed the Consolidated Appropriations Act. 2010 (Pub. L. 111–117), which provided a total of $150 million in fiscal year 2010 to HUD for a Sustainable Communities Initiative to improve regional planning efforts that integrate housing and transportation decisions, and increase the capacity to improve land use and and zoning. Of that total $2 million was reserved in FY 2010, and up to $3 million will be reserved in FY 2011, if available, to build the capacity E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Pages 29777-29781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12576]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2504-11; DHS Docket No. USCIS 2011-0006]
RIN 1615-ZB02

Re-registration Procedures for Temporary Protected Status (TPS)
Beneficiaries Under the Extended TPS Designation of Haiti and Automatic
Extension of Employment Authorization Documentation for Haitian TPS
Beneficiaries

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

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SUMMARY: This notice announces the opening of the 90-day re-
registration period (May 23, 2011 through August 22, 2011) for
individuals who were granted Temporary Protected Status (TPS) under the
original designation of Haiti for TPS and whose initial TPS
applications were approved on or before May 19, 2011. These TPS
beneficiaries may now re-register under the 18-month extension of TPS
for Haiti that was announced in the Federal Register notice published
on May 19, 2011.
New employment authorization documents (EADs) with a January 22,
2013 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 that all re-registrants may not receive
new EADs until after their current EADs expire on July 22, 2011.
Accordingly, this notice automatically extends the validity of EADs
issued under the TPS designation of Haiti for six months, through
January 22, 2012. This notice also explains to TPS beneficiaries and
their employers which EADs are automatically extended.

DATES: The extension of the TPS designation of Haiti is effective July
23, 2011, and will remain in effect through January 22, 2013. The 90-
day re-registration period begins on May 23, 2011, and will be open
through August 22, 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 extension of the Haiti TPS designation
by selecting ``TPS Designated Country: Haiti'' from the menu on the
left of the TPS Web page. From the Haiti page, you can find additional
information by selecting ``Temporary Protected Status--Haiti Questions
& Answers'' from the menu on the right.
You can contact the TPS Operations Program Manager by
sending mail to Family and Status 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

INA--Immigration and Nationality Act
DHS--Department of Homeland Security
DOJ--Department of Justice
DOS--Department of State
EAD--Employment Authorization Document
OSC--Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status

Background

On January 21, 2010, the Secretary of Homeland Security
(Secretary), Janet Napolitano, designated Haiti for Temporary Protected
Status (TPS) following the devastating earthquake in Haiti on January
12, 2010. See 75 FR 3476. On May 19, 2011, the Secretary extended TPS
for Haiti for an additional 18 months through January 23, 2013, and
also re-designated Haiti for TPS through the same date. The extension
allows existing, eligible Haitian TPS beneficiaries to retain their
TPS, whereas the redesignation allows certain eligible individuals who
arrived after the January 12, 2010 earthquake and before January 13,
2011 to obtain TPS. Id. The Federal Register notice published on May
19, 2011, provided registration procedures for individuals applying for
TPS under the redesignation of Haiti.
This notice provides re-registration application procedures and
other

[[Page 29778]]

relevant information for individuals who were granted TPS under the
original designation. TPS beneficiaries who were granted TPS by May 19,
2011, must now apply for re-registration between May 23, 2011 and
August 22, 2011. USCIS will withdraw TPS from any beneficiary who fails
to file a timely re-registration application without good cause. INA
section 244(c)(3)(C), 8 U.S.C. 1254a(c)(3)(C).

How do I know whether I should apply for re-registration under the
extension of TPS or whether I should file an initial TPS application
under the redesignation of Haiti?

Table 1 below will help you decide if you should file a re-
registration application under the extension of TPS for Haiti or if you
should file an initial application under the redesignation of Haiti for
TPS. Table 1 will also help you decide if you need to file an
Application for Temporary Protected Status, Form I-821, and/or an
Application for Employment Authorization, Form I-765.

Table 1--Re-Registration Filing Versus Initial Filing
------------------------------------------------------------------------
If . . . And . . . Then . . .
------------------------------------------------------------------------
You filed a TPS application Your application was You need to re-
under the initial approved by May 19, register under the
designation of Haiti during 2011. extension by filing
the registration period Form I-821 and Form
January 21, 2010 through I-765 during the re-
January 18, 2011, or filed registration period
after January 18, 2011 of May 23, 2011
under the fee waiver cure*. through August 22,
2011.
Your application is You do not yet have
still pending as of TPS. Your pending
May 19, 2011. Form I-821 will be
treated as an
initial application
under the
redesignation, so
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.
*The ``fee waiver cure'' Your application was You may be covered
refers to USCIS' policy of denied before May under the
permitting certain 19, 2011, and you redesignation. You
applicants whose request believe you may be must file an
for a TPS fee waiver was eligible for TPS initial Form I-821
denied to re-file their under the and Form I-765
applications, with the redesignation. during the
correct fees, during a registration period
limited period after ending November 15,
January 18, 2011. See 75 FR 2011.
39957 (July 13, 2010).
USCIS sent the affected
applicants an individual
notice with the procedures
for re-filing.
You never filed a TPS You believe you may You may be covered
application under the be eligible for TPS under the
initial designation of under the redesignation. You
Haiti. redesignation. must file an
initial Form I-821
and Form I-765
during the
registration period
ending November 15,
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 remained pending on May 19, 2011, you do
not need to file a new Form I-821. Pending TPS applications are being
treated as initial applications under the redesignation. Therefore, if
your TPS application is approved, you will be granted TPS through
January 22, 2013. If your TPS application was pending on May 19, 2011
and it has not been denied, please refer to Table 2 below to determine
whether you should file a new Form I-765, starting May 23, 2011. If
your TPS application was denied after May 19, 2011, do not file a new
Form I-765; if you do file, the new Form I-765 will be denied because
your Form I-821 was denied under the redesignation.

Table 2--EAD Information for TPS Applications Pending on May 19, 2011
----------------------------------------------------------------------------------------------------------------
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 Form I-765 with fee denied before the re-
Haiti TPS. (temporary TPS-related (or fee waiver registration period
EAD) or A12 (regular request) during the re- opens on May 23, 2011,
TPS-related EAD). registration period DO NOT file a new Form
that opens on May 23, I-765. If you file a
2011 if you wish to new Form I-765 it will
have a new EAD valid be denied because your
through January 22, Form I-821 was denied
2013. under the
redesignation.
You did not receive an You do not need to file .......................
EAD with Category C19 a new Form I-765. If
or A12. your TPS application
is approved, your Form
I-765 will be approved
through January 22,
2013..

[[Page 29779]]

You did not request an EAD during the You want an EAD valid You must file a new Your Form I-821 is
original registration period for through January 22, Form I-765 with fee denied before the re-
Haiti TPS. 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 on May 23, Form I-765. If you
2011. file a new Form I-765
it will be denied
because your Form I-
821 was denied under
the redesignation.
You do not want an EAD You do not need to file .......................
valid through January a Form I-765.
22, 2013.
----------------------------------------------------------------------------------------------------------------

I am a TPS beneficiary. What are the procedures for re-registration for
TPS under the extension?

The remainder of this Federal Register notice will provide you with
the procedures for re-registration under the extension. The following
procedures do not apply to individuals who are filing an initial
application under the redesignation. Registration procedures for
individuals applying for TPS under the redesignation can be found in
the Haitian TPS Federal Register notice that was published on May 19,
2011, and on the ``TPS Designated Country: Haiti'' Web page that can be
accessed from the USCIS TPS Web site at https://www.uscis.gov/tps.

Required Application Forms and Application Fees to Re-Register for TPS

To re-register for TPS, an applicant must submit:
1. Application for Temporary Protected Status, Form I-821
You do not need to pay the application fee for a re-
registration; and
2. Application for Employment Authorization, Form I-765
For re-registration, you must pay the application fee if
you want an EAD.
You do not pay the Form I-765 fee if you are not
requesting an EAD.
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 submitting a written request for a fee waiver or by
completing Request for Fee Waiver, Form I-912, and providing
satisfactory supporting documentation. For more information on the
application forms and application fees for TPS, please visit the USCIS
TPS Web page at https://www.uscis.gov/tps and on left hand column click
on Temporary Protected Status for Haiti. Fees for the Form I-821, Form
I-765, and biometric services 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
submitting your own written 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 re-registration application for TPS to the proper address
in Table 3:

Table 3--Mailing Addresses
------------------------------------------------------------------------
For express mail and
If you live in . . . For regular mail, courier deliveries,
send to . . . send to . . .
------------------------------------------------------------------------
The state of Florida........ USCIS, P.O. Box USCIS, Attn: Haiti
4464, Chicago, IL TPS, 131 South
60680-4464. Dearborn, 3rd
Floor, Chicago, IL
60603-5517.
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.
------------------------------------------------------------------------

E-Filing

E-filing is not available for Haiti TPS, so you cannot e-file your
re-registration application. Please mail your application to the
mailing address listed in Table 3 above.

Employment Authorization Documents (EADs)

DHS recognizes the possibility that all re-registrants may not
receive new EADs until after their current EADs expire on July 22,
2011. Accordingly, DHS is automatically extending the validity of EADs
issued under the 2010 TPS designation of Haiti for six months, through
January 22, 2012.

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 six-month EAD extension from July
23, 2011, through January 22, 2012?

You will receive an automatic six-month extension of your EAD if
you:
Are a national of Haiti (or an alien having no nationality
who last habitually resided in Haiti) who received an EAD under the
designation of Haiti for TPS, and
Have not had TPS withdrawn or denied.

This automatic extension is limited to EADs Form I-766 with an
expiration date of July 22, 2011. These EADs must also bear the
notation ``A-12'' or ``C-19'' on the face of the card under
``Category.''

[[Page 29780]]

Upon hire, what documentation may I show to my employer as proof of
employment authorization and identity when completing Employment
Eligibility Verification, Form I-9?

You can find a list of acceptable document choices on page 5 of the
Employment Eligibility Verification form, Form I-9. Employers are
required to verify the identity and employment authorization of all new
employees by using Form I-9. Within three days of hire, an employee
must present his or her employer with proof of identity and employment
authorization.
You may present any document from List A (reflecting both your
identity and employment authorization), or one document from list B
(reflecting identify) together with one document from list C
(reflecting employment authorization). An EAD is an acceptable document
under ``List A.''
If you received a six-month automatic extension of your EAD by
virtue of this Federal Register notice, you may choose to present your
automatically extended EAD, as described above, to your employer as
proof of identity and employment authorization for Form I-9 through
January 22, 2012 (see the subsection below titled ``How do I and my
employer complete Form I-9 using an automatically extended EAD for a
new job (i.e., verification)'' for further information). To minimize
confusion over this extension at the time of hire, you may choose to
present a copy of this Federal Register notice regarding the automatic
extension of employment authorization through January 22, 2012, to your
employer. As an alternative to presenting your automatically extended
EAD, you may choose to present any other acceptable document from list
A, or list B plus list C.

What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?

You must present any document from list A or any document from list
C on Form I-9 to reverify employment authorization. Employers are
required to reverify on Form I-9 the employment authorization of
current employees upon the expiration of a TPS-related EAD.
If you received a six-month automatic extension of your EAD by
virtue of this Federal Register notice, your employer does not need to
reverify until after January 22, 2012. You and your employer do need to
make corrections to the employment authorization expiration dates in
section 1 and section 2 of the Form I-9 (see the subsection below
titled ``How do I and my employer fill out Form I-9 using an
automatically extended EAD for my current job?'' for further
information). In addition, you may also show this Federal Register
notice to your employer to avoid confusion about whether or not your
expired TPS-related document is acceptable. After January 22, 2012,
when the automatic extension expires, your employer must reverify your
employment authorization. You may show any document from list A or list
C on Form I-9 to satisfy this reverification requirement (including a
new TPS EAD that expires January 22, 2013).

What happens after January 22, 2012 for purposes of employment
authorization?

After January 22, 2012, employers may not accept the EADs that were
automatically extended by this Federal Register notice. However, USCIS
will issue new EADs to TPS re-registrants. These EADs will have an
expiration date of January 22, 2013, and can be presented to your
employer 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.'' Alternatively, you may choose to present any other
legally acceptable document or combination of documents listed on the
Form I-9 to prove identity and employment authorization.

How do I and my employer complete Form I-9 using an automatically
extended EAD for a new job (i.e., verification)?

When using an automatically extended EAD to fill out Form I-9 for a
new job prior to January 22, 2012, you and your employer should do the
following:
(1) For Section 1, you should:
a. Check ``An alien authorized to work;''
b. Write your alien number (A-number) in the first space (your EAD
will have your A-number printed on it); and
c. Write the automatic extension date in the second space.
(2) For Section 2, employers should:
a. Record the document title;
b. Record the document number; and
c. Record the automatically extended EAD expiration date.
After January 22, 2012, employers must reverify the employee's
employment authorization in section 3 of Form I-9.

How do I and my employer make corrections to Form I-9 using an
automatically extended EAD for my current job?

If you are an existing employee and you presented an EAD that was
valid when you first started your job, but that EAD has now been
automatically extended, you and your employer should correct your
previously completed Form I-9 as follows:
(1) For section 1, you should:
a. Draw a line through the expiration date in the second space;
b. Write January 22, 2012, above the previous date;
c. Write ``TPS Ext.'' in the margin of section 1; and
a. Initial and date the correction in the margin of section 1.
(2) For section 2, employers should:
a. Draw a line through the expiration date written in section 2;
b. Write January 22, 2012, above the previous date;
c. Write ``TPS Ext.'' in the margin of section 2; and
d. Initial and date the correction in the margin of section 2.
After January 22, 2012, when the automatic extension of EADs
expires, employers must reverify the employee's employment
authorization in section 3.

If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?

If you are an employer who participates in E-Verify, you will
receive a ``Work Authorization Documents Expiring'' case alert when a
TPS beneficiary's EAD is about to expire. Usually, this message is an
alert to complete section 3 of Form I-9 to reverify an employee's
employment authorization. For existing employees with TPS EADs that
have been automatically extended, employers should disregard the E-
Verify case alert and follow the instructions above explaining how to
correct Form I-9. After January 22, 2012, employment authorization
needs to be reverified in section 3. You should never use E-Verify for
reverification.

Can my employer require that I produce any other documentation to prove
my status, such as proof of my Haitian citizenship?

No. When completing the Form I-9, employers must accept any
documentation that appears on the lists of acceptable documentation,
and that reasonably appears to be genuine and that relates to you.
Employers may not

[[Page 29781]]

request documentation that does not appear on the Form I-9. Therefore,
employers may not request proof of Haitian citizenship when completing
Form I-9. If presented with EADs that have been automatically extended
pursuant to this Federal Register notice or EADs that are unexpired on
their face, employers should accept such EADs as valid ``List A''
documents so long as the EADs reasonably appear on their face to be
genuine and to relate to the employee. See below for important
information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you because of your citizenship or immigration
status, or national origin.

Note to All 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. The
USCIS Customer Assistance Office accepts calls in English and
Spanish only. Employers may also call the Department of Justice
(DOJ) 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 DOJ OSC
Worker Information Hotline at 1-800-255-7688 for information
regarding employment discrimination based upon citizenship or
immigration status, and national origin, unfair documentary
practices related to the Form I-9, and discriminatory practices
related to E-Verify. Employers must accept any document or
combination of documents acceptable for Form I-9 completion if the
documentation reasonably appears to be genuine and relates to the
employee. Employers may not require extra or additional
documentation beyond what is required for Form I-9 completion.
Further, employees who receive an initial mismatch via E-Verify must
be given an opportunity to challenge the mismatch, and employers are
prohibited from taking adverse action against such employees based
on the initial mismatch unless and until E-Verify returns a final
nonconfirmation. The Hotline accepts calls in multiple languages.
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, requirements, and determinations
about what documents you need to provide to prove eligibility for
certain benefits. If you are applying for a state or local
government benefit, you should provide the state or local government
agency with all documents that show you are a TPS beneficiary and/or
show you are authorized to work based on TPS. Examples are:
(1) Your expired EAD that has been automatically extended, or
your EAD that has a valid expiration date,
(2) A copy of this Federal Register notice if your EAD is
automatically extended,
(3) A copy of your I-821 Receipt Notice (I-797) for this re-
registration,
(4) A copy of your I-821 Approval Notice (I-797), if you receive
one from USCIS,
(5) Any other document from USCIS (such as a mailer) showing
that you have a pending or approved I-821 or I-765 re-registration
or approved I-821 or I-765 initial registration.

Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (SAVE) to verify the current
immigration status of applicants for public benefits. If such an agency
has denied your application based solely or in part on a SAVE response
following completion of all required SAVE verification steps, the
agency must offer you the opportunity to appeal the decision in
accordance with the agency's procedures. If the agency has completed
all SAVE verification and you do not believe the response is correct,
you may make an Info Pass appointment for an in-person interview at a
local USCIS office. Detailed information on how to make corrections and
how to make an appointment or a written request can be found at the
SAVE Web site at https://www.uscis.gov/save, then by choosing ``How to
Correct Your Records'' from the menu on the right.

Janet Napolitano,
Secretary.
[FR Doc. 2011-12576 Filed 5-20-11; 8:45 am]
BILLING CODE 9111-97-P

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