Extension of the Designation of Nicaragua for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation for Nicaraguan TPS Beneficiaries, 68493-68498 [2011-28316]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Citizenship and Immigration Services

[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Notices]
[Pages 68493-68498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28316]


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DEPARTMENT OF HOMELAND SECURITY

 Citizenship and Immigration Services

[CIS No. 2509-11; DHS Docket No. USCIS 2007-0027]
RIN 1615-ZB05


Extension of the Designation of Nicaragua for Temporary Protected 
Status and Automatic Extension of Employment Authorization 
Documentation for Nicaraguan TPS Beneficiaries

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice.

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SUMMARY: This Notice announces that the Secretary of Homeland Security 
(Secretary) has extended the designation of Nicaragua for temporary 
protected status (TPS) for 18 months from its current expiration date 
of January 5, 2012 through July 5, 2013. The Secretary has determined 
that an extension is warranted because the conditions in Nicaragua that 
prompted the TPS designation continue to be met. There continues to be 
a substantial, but temporary, disruption of living conditions in 
Nicaragua resulting from Hurricane Mitch, and Nicaragua remains unable, 
temporarily, to handle adequately the return of its nationals.
    This Notice also sets forth procedures necessary for nationals of 
Nicaragua (or aliens having no nationality who last habitually resided 
in Nicaragua) with TPS to re-register and to apply for an extension of 
their Employment Authorization Documents (EADs) (Forms I-766) with U.S. 
Citizenship and Immigration Services (USCIS). Re-registration is 
limited to persons who previously registered for TPS under the 
designation of Nicaragua and whose applications have been granted or 
remain pending. Certain nationals of Nicaragua (or aliens having no 
nationality who last habitually resided in Nicaragua) who have not 
previously applied for TPS may be eligible to apply under the late 
initial registration provisions.
    USCIS will issue new EADs with a July 5, 2013 expiration date to 
eligible Nicaraguan TPS beneficiaries who timely re-register and apply 
for EADs under this extension. Given the timeframes involved with 
processing TPS re-registration applications, DHS recognizes that all 
re-registrants may not receive new EADs until after their current EADs 
expire on January 5, 2012. Accordingly, this Notice automatically 
extends the validity of EADs issued under the TPS designation of 
Nicaragua for 6 months, through July 5, 2012, and explains how TPS 
beneficiaries and their employers may determine which EADs are 
automatically extended and their impact on Form I-9 and E-Verify 
processes.

DATES: The 18-month extension of the TPS designation of Nicaragua is 
effective January 6, 2012 and will remain in effect through July 5, 
2013. The 60-day re-registration period begins November 4, 2011 and 
will remain in effect until January 5, 2012.

Further Information

     For further information on TPS, including guidance on the 
application process and additional information on eligibility, please 
visit the TPS Web page at https://www.uscis.gov/tps. You can find 
specific information about this extension and about TPS for Nicaragua 
by selecting ``TPS Designated Country--Nicaragua'' from the menu on the 
left of the TPS Web page. From the Nicaragua page, you can select the 
Nicaragua 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-

[[Page 68494]]

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

Act--Immigration and Nationality Act.
DHS--Department of Homeland Security.
DOS--Department of State.
EAD--Employment Authorization Document.
Government--U.S. Government.
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices.
PRRAC--European Union's Regional Program for the Reconstruction of 
Central America.
Secretary--Secretary of Homeland Security.
TPS--Temporary Protected Status.
USAID--U.S. Agency for International Development.
USCIS--U.S. Citizenship and Immigration Services.

What is Temporary Protected Status (TPS)?

     TPS is an immigration status granted to eligible nationals 
of a country designated for TPS under the Act (or to persons having no 
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 may obtain work 
authorization, so long as they continue to meet the requirements of TPS 
status.
     The granting of TPS does not lead to permanent resident 
status.
     When the Secretary of Homeland Security (Secretary) 
terminates a country's TPS designation, beneficiaries return to the 
same immigration status they maintained before TPS (unless that status 
has since expired or been terminated) or to any other lawfully obtained 
immigration status they received while registered for TPS.

When was Nicaragua designated for TPS?

    On January 5, 1999, the Attorney General designated Nicaragua for 
TPS based on an environmental disaster within that country, 
specifically the devastation resulting from Hurricane Mitch. See 64 FR 
526 and section 244(a)(b)(1)(B) of the Immigration and Nationality Act 
(Act), 8 U.S.C. 1254a(b)(1)(B). The last extension of TPS for Nicaragua 
was announced on May 5, 2010, based on the Secretary's determination 
that the conditions warranting the designation continued to be met. 
This announcement is the tenth extension of TPS for Nicaragua.

What authority does the Secretary of Homeland Security have to extend 
the designation of Nicaragua for TPS?

    Section 244(b)(1) of the Act, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate Government agencies, to 
designate a foreign state (or part thereof) for TPS.\1\ The Secretary 
may then grant TPS to eligible nationals of that foreign state (or 
aliens having no nationality who last habitually resided in that 
state). See section 244(a)(1)(A) of the Act, 8 U.S.C. 1254a(a)(1)(A).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002 (HSA), Pub. L. 107-
296, 116 Stat. 2135, any reference to the Attorney General in a 
provision of the Immigration and Nationality Act describing 
functions transferred from the Department of Justice to the 
Department of Homeland Security ``shall be deemed to refer to the 
Secretary'' of Homeland Security. See 6 U.S.C. 557 (codifying HSA, 
tit. XV, sec. 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, 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 section 244(b)(3)(A) of 
the Act, 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 section 244(b)(3)(C) 
of the Act, 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 section 244(b)(3)(B) 
of the Act, 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Nicaragua 
through July 5, 2013?

    Over the past year, the Department of Homeland Security (DHS) and 
the Department of State (DOS) have continued to review conditions in 
Nicaragua. Based on this review and after consulting with DOS, the 
Secretary has determined that an 18-month extension is warranted 
because there continues to be a substantial, but temporary, disruption 
of living conditions in Nicaragua resulting from Hurricane Mitch and 
Nicaragua remains unable, temporarily, to handle adequately the return 
of its nationals.
    In October 1998, Hurricane Mitch resulted in the loss of thousands 
of lives, displacement of thousands more, collapse of physical 
infrastructure, and severe damage to the country's economic system. See 
64 FR 526 (Jan. 5, 1999) (discussing the devastation caused by 
Hurricane Mitch). The government and people of Nicaragua continue to 
rely heavily on international assistance, and recovery from Hurricane 
Mitch is still incomplete.
    Hurricane Mitch brought extremely heavy rainfall causing severe 
flooding in Nicaragua. Damage from flooding was extensive throughout 
the north and northwest. Two million people were directly affected by 
the storm and total material damage was estimated at $1.5 billion USD. 
Nicaragua has not fully recovered from the devastation caused by 
Hurricane Mitch. The hardest hit areas, Nicaragua's mountainous north 
and isolated Atlantic coast, continue to be the poorest and least 
developed in the country. Nicaragua is the second poorest country in 
the Western Hemisphere after Haiti.
    Other climatic events have further devastated the northern 
mountainous region, Atlantic coast, and western part of the country 
since 1998. A significant challenge to long-term recovery has been the 
recurrence of these environmental disasters and ensuing damage in the 
years following Hurricane Mitch. Natural disasters that further 
impacted Nicaragua's economy since the devastating effects of Mitch 
include Hurricane Felix in 2007, Tropical Storm Alma and Tropical 
Depression 16 in 2008, Hurricane Ida in 2009, and Tropical Storm 
Matthew in 2010. For example, Alma alone left more than 25,000 people 
homeless. Each of these environmental events has hampered the recovery 
efforts from Hurricane Mitch.
    By some estimates, 145,000 homes, 90 health clinics, and 343 
schools were among the infrastructure destroyed by Hurricane Mitch. In 
addition to the 90 clinics, 40 health posts and six hospitals were 
damaged. As of 2009, reports showed that only about 55 health 
facilities, 159 schools, and over 1,600 homes were repaired or 
constructed through assistance by such organizations as USAID, the 
European Union's PRRAC, and Habitat for Humanity.

[[Page 68495]]

    Critical food and potable water shortages were widespread as a 
result of Hurricane Mitch. Over 100,000 acres of crops were destroyed 
as a result of the hurricane, half of them life-sustaining food crops 
such as beans and corn. The coffee crop was also hard hit as officials 
estimated that 20-30% of coffee production had been lost. Crop recovery 
was hampered (and continues to be hampered) by later natural disasters, 
such as Hurricane Ida in 2009 and Tropical Storm Matthew in 2010. Food 
insufficiency remains a threat for a large portion of the Nicaraguan 
population. In an effort to combat the high levels of malnutrition 
prevalent in Nicaragua's countryside, the United Nations and the 
European Union have joined forces with the Nicaraguan government to 
support a boost in productivity of staple crops (such as beans, corn, 
and rice) by small-scale farmers. In its undated ``Closeout Report'' 
issued upon completion of its ``Hurricane Mitch Reconstruction 
Program,'' USAID included among the Program's achievements that the 
``need for water and sanitation [was] met for approximately 200,000 
persons in 250 rural communities.''
    Hurricane Mitch-related damage to transportation infrastructure 
included the destruction of 71 bridges and damage to 8,000 km of roads. 
The World Bank-funded ``Third Roads Rehabilitation and Maintenance 
Project'' began in 2001 to stabilize rural roads within the region 
affected by Mitch and was completed in 2007. The World Bank-funded 
``Fourth Roads Rehabilitation and Maintenance Project'' to relieve 
transportation bottlenecks and improve secondary and rural roads got 
underway in 2006. It is currently scheduled to be completed by the end 
of December 2012.
    DOS has also informed DHS that political tension is increasing in 
Nicaragua, including violent demonstrations and seizures of government 
offices in certain northern areas along the Atlantic Coast. This area 
was heavily affected by Hurricane Mitch, and the increased tension 
could hinder the efforts of already-weak local institutions to provide 
services and help reintegrate returned Nicaraguans.
    Given the ongoing challenges faced by Nicaragua, Nicaragua remains 
temporarily unable to handle adequately the return of its nationals 
from the United States. Based on this review and after consultation 
with the appropriate Government agencies, the Secretary finds that:
     The conditions that prompted the January 5, 1999 
designation of Nicaragua for TPS continue to be met. See section 
244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A).
     There continues to be a substantial, but temporary, 
disruption in living conditions in Nicaragua as a result of an 
environmental disaster. See section 244(b)(1)(B) of the Act, 8 U.S.C. 
1254a(b)(1)(B).
     Nicaragua continues to be unable, temporarily, to handle 
adequately the return of its nationals (or aliens having no nationality 
who last habitually resided in Nicaragua). See section 244(b)(1)(B) of 
the Act, 8 U.S.C. 1254a(b)(1)(B).
     The designation of Nicaragua for TPS should be extended 
for an additional 18-month period. See section 244(b)(3)(C) of the Act, 
8 U.S.C. 1254a(b)(3)(C).
     There are approximately 3,000 nationals of Nicaragua (or 
aliens having no nationality who last habitually resided in Nicaragua) 
who may be eligible to re-register for TPS under this extended 
designation.

Notice of Extension of the TPS Designation of Nicaragua

    By the authority vested in me as Secretary of Homeland Security 
under section 244 of the Act, 8 U.S.C. 1254a, I have determined after 
consultation with the appropriate Government agencies, that the 
conditions that prompted the designation of Nicaragua for temporary 
protected status (TPS) on January 5, 1999 continue to be met. See 
section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the basis 
of this determination, I am extending the TPS designation of Nicaragua 
for 18 months from its current expiration on January 5, 2012 through 
July 5, 2013.

Janet Napolitano,
Secretary.

Required Application Forms and Application Fees To Register or Re-
register for TPS

    To register or re-register for TPS for Nicaragua, an applicant must 
submit:
    1. Application for Temporary Protected Status, Form I-821.
     You only need to pay the Form I-821 application fee if you 
are filing an application for late initial registration. See 8 CFR 
244.2(f)(2) and information on late initial filing on the USCIS TPS Web 
page at https://www.uscis.gov/tps.
     You do not need to pay the Form I-821 fee for a re-
registration.
and

    2. Application for Employment Authorization, Form I-765.
     If you are applying for re-registration, you must pay the 
Form I-765 application fee only if you want an Employment Authorization 
Document (EAD) (Form I-766).
     If you are applying for late initial registration and want 
an EAD, you must pay the Form I-765 fee only if you are age 14 through 
65. No EAD fee is required if you are under the age of 14 or over the 
age of 65 and applying for late initial registration.
     You do not pay the Form I-765 fee if you are not 
requesting an EAD.
    You must submit both completed application forms together. If you 
are unable to pay, you may apply for application and/or biometrics fee 
waivers by completing a Request for Fee Waiver (Form I-912) or 
submitting a personal letter requesting a fee waiver, and providing 
satisfactory supporting documentation. For more information on the 
application forms and fees for TPS, please visit the USCIS TPS Web page 
at https://www.uscis.gov/tps and click on Temporary Protected Status for 
Nicaragua. Fees for Form I-821, Form I-765, and biometric services 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 a 
personal letter requesting 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. 
If necessary, you may be required to visit an Application Support 
Center to have your biometrics captured.

Refiling After Receiving a Denial of a Fee Waiver Request

    USCIS urges all re-registering applicants to file as soon as 
possible within the 60-day re-registration period so that USCIS can 
promptly process the applications and issue EADs. Filing early will 
also allow those applicants who may receive denials of their fee waiver 
requests to have time to refile their applications before the re-
registration deadline. If, however, an applicant receives a denial of 
his or her fee waiver request and is unable to refile by the re-
registration deadline, the applicant may still refile his or her 
application. We will consider this situation as showing good cause for 
late re-registration. Applicants are, however, urged to refile within 
45 days of the date on their USCIS fee waiver denial notice, if at all 
possible. See section 244(c)(3)(A)(iii) of the Act, 8 U.S.C.

[[Page 68496]]

1254a(c)(3)(A)(iii); 8 CFR 244.17(c). For more information on good 
cause for late re-registration, please look at the Questions & Answers 
for Nicaragua TPS found on the USCIS TPS Web page for Nicaragua.

Mailing Information

    Mail your application for TPS to the proper address in Table 1:

                       Table 1--Mailing Addresses
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                If . . .                          Mail to . . .
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You are applying for re-registration     USCIS, Attn: TPS Nicaragua,
 through U.S. Postal Service.             P.O. Box 6943, Chicago, IL
or You were granted TPS by an             60680-6943.
 Immigration Judge (IJ) or the Board of
 Immigration Appeals (BIA), and you
 wish to request an EAD or are re-
 registering for the first time
 following a grant by the IJ or BIA.
You are applying for the first time as   USCIS, Attn: TPS Nicaragua,
 a late initial registrant through US     P.O. Box 8631, Chicago, IL
 Postal Service.                          60680-8631.
You are using a Non-US Postal Service    USCIS, Attn: TPS Nicaragua, 131
 delivery service when applying for any   S. Dearborn--3rd Floor,
 of the above.                            Chicago, IL 60603-5517.
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E-Filing

    If you are re-registering for TPS during the re-registration period 
and you do not need to submit any supporting documents or evidence, you 
are eligible to file your applications electronically. For more 
information on e-filing, please visit the USCIS E-Filing Reference 
Guide at the USCIS Web site at https://www.uscis.gov.

Employment Authorization Document (EAD)

May I request an interim EAD at my local USCIS office?

    No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.

Am I eligible to receive an automatic 6-month extension of my current 
EAD from January 5, 2012 through July 5, 2012?

    You will receive an automatic 6-month extension of your EAD if you:
     Are a national of Nicaragua (or an alien having no 
nationality who last habitually resided in Nicaragua);
     Received an EAD under the last extension of TPS for 
Nicaragua; and
     Have not had TPS withdrawn or denied.
    This automatic extension is limited to EADs with an expiration date 
of January 5, 2012. These EADs must also bear the notation ``A-12'' or 
``C-19'' on the face of the card under ``Category.''

When hired, 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 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 proof of identity and employment authorization to his or 
her employer.
    You may present any document from List A (reflecting both your 
identity and employment authorization), or one document from List B 
(reflecting identity) together with one document from List C 
(reflecting employment authorization). An EAD is an acceptable document 
under ``List A.''
    If you received a 6-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 
July 5, 2012 (see the subsection below titled ``How do I and my 
employer complete Form I-9 (i.e., verification) using an automatically 
extended EAD for a new job?'' for further information). To minimize 
confusion over this extension at the time of hire, you may also show 
your employer a copy of this Federal Register notice confirming the 
automatic extension of employment authorization through July 5, 2012. 
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 6-month automatic extension of your EAD by virtue 
of this Federal Register notice, your employer does not need to 
reverify until after July 5, 2012. You and your employer, however, must 
make corrections to the employment authorization expiration dates in 
section 1 and section 2 of the Form I-9 (see the subsection below 
titled ``What corrections should I and my employer at my current job 
make to Form I-9 if my EAD has been automatically extended?'' 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 July 5, 
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.

What happens after July 5, 2012 for purposes of employment 
authorization?

    After July 5, 2012, employers may not accept the EADs that were 
automatically extended by this Federal Register notice. USCIS will 
issue new EADs to TPS re-registrants. These EADs will have an 
expiration date of July 5, 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 (i.e., verification) using 
an automatically extended EAD for a new job?

    When using an automatically extended EAD to fill out Form I-9 for a 
new job prior to July 5, 2012, you and your employer should do the 
following:
    (1) For Section 1, you should:
    a. Check ``An alien authorized to work'';

[[Page 68497]]

    b. Write your alien number (A-number) in the first space (your EAD 
or other document from DHS 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 July 5, 2012, employers must reverify the employee's 
employment authorization in Section 3 of Form I-9.

What corrections should I and my employer at my current job make to 
Form I-9 if my EAD has been automatically extended?

    If you are an existing employee who presented a TPS 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 ``July 5, 2012'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 1; and
    d. 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 ``July 5, 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 July 5, 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 July 5, 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 Nicaraguan 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 request documentation that does not appear on Form I-
9. Therefore, employers may not request proof of Nicaraguan 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 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 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 to 
relate 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 non-confirmation. 
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 Federal, 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. 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 may need to 
provide the state or local government agency with 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 under this notice;
    (3) A copy of your Application for Temporary Protected Status, Form 
I-821 Receipt Notice (Form I-797), for this re-registration;
    (4) A copy of your past or current Form I-821 Approval Notice (Form 
I-797), if you receive one from USCIS; and
    (5) If there is an automatic extension of work authorization, a 
copy of the fact sheet from the USCIS TPS Web site that provides 
information on the automatic extension.

Check with the state or local agency regarding which document(s) the 
agency will accept.

    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

[[Page 68498]]

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, make an appointment, or submit 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.
[FR Doc. 2011-28316 Filed 11-3-11; 8:45 am]
BILLING CODE 9111-97-P