Extension of the Designation of El Salvador for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation for Salvadoran TPS Beneficiaries, 1710-1715 [2012-143]

Agencies

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

[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1710-1715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-143]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2510-11; DHS Docket No. USCIS 2007-0028]
RIN 1615-ZB06


Extension of the Designation of El Salvador for Temporary 
Protected Status and Automatic Extension of Employment Authorization 
Documentation for Salvadoran 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 El Salvador for temporary 
protected status (TPS) for 18 months from its current expiration date 
of March 9, 2012 through September 9, 2013. The Secretary has 
determined that an extension is warranted because the conditions in El 
Salvador that prompted the TPS designation continue to be met. There 
continues to be a substantial, but temporary, disruption of living 
conditions in El Salvador resulting from a series of earthquakes in 
2001, and El Salvador remains unable, temporarily, to handle adequately 
the return of its nationals.
    This Notice also sets forth procedures necessary for nationals of 
El Salvador (or aliens having no nationality who last habitually 
resided in El Salvador) 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-

[[Page 1711]]

registration is limited to persons who previously registered for TPS 
under the designation of El Salvador and whose applications have been 
granted or remain pending. Certain nationals of El Salvador (or aliens 
having no nationality who last habitually resided in El Salvador) 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 September 9, 2013 expiration date 
to eligible Salvadoran 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 March 9, 2012. Accordingly, this Notice automatically extends 
the validity of EADs issued under the TPS designation of El Salvador 
for 6 months, through September 9, 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 El Salvador is 
effective March 10, 2012 and will remain in effect through September 9, 
2013. The 60-day re-registration period begins January 9, 2012 and will 
remain in effect until March 9, 2012.

FOR FURTHER INFORMATION CONTACT:  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 El Salvador by selecting ``TPS Designated 
Country--El Salvador'' from the menu on the left of the TPS Web page. 
From the El Salvador page, you can select the El Salvador 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

Act--Immigration and Nationality Act
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
Government--U.S. Government
IDB--Inter-American Development Bank
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
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 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 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 El Salvador designated for TPS?

    On March 9, 2001, the Attorney General designated El Salvador for 
TPS based on an environmental disaster within that country, 
specifically a series of earthquakes that occurred in 2001. See 66 FR 
14214 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 El 
Salvador was announced on July 9, 2010, based on the Secretary's 
determination that the conditions warranting the designation continued 
to be met. This announcement is the eighth extension of TPS for El 
Salvador.

What authority does the Secretary of Homeland Security have to extend 
the designation of El Salvador 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), Public Law 107-
296, 116 Stat. 2135, any reference to the Attorney General in a 
provision of the Immigration and Nationality Act describing 
functions transferred 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 El Salvador 
through September 9, 2013?

    Over the past year, the Department of Homeland Security (DHS) and 
the Department of State (DOS) have continued to review conditions in El 
Salvador. 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 El Salvador resulting from the series of 
earthquakes that struck the country in 2001, and El Salvador remains 
unable, temporarily, to adequately handle the return of its nationals.
    The 2001 earthquakes resulted in the loss of over 1000 lives, 
displacement of

[[Page 1712]]

thousands more, the extensive destruction of physical infrastructure, 
and severe damage to the country's economic system. See 66 FR 14214 
(Mar. 9, 2001) (describing the devastation caused by earthquakes). El 
Salvador's recovery from the earthquakes is still incomplete, and 
significant damage remains to the country's infrastructure and public 
services.
    In response to the devastation caused by the 2001 earthquakes, the 
U.S. Agency for International Development (USAID), the Inter-American 
Development Bank (IDB), the World Bank, and the European Union 
initiated reconstruction efforts in areas throughout El Salvador. 
Recovery has been slow and encumbered by Hurricanes Adrian and Stan in 
2005, Hurricane Felix in 2007, Hurricane Ida in 2009, and most recently 
Tropical Storm Agatha in 2010.
    While all major roads damaged by the earthquakes appear to have 
been reconstructed and are functioning, El Salvador's road networks 
remain vulnerable to adverse climatic conditions. Of the approximately 
276,000 homes destroyed, only about half have been reconstructed or 
repaired through assistance from USAID, the Salvadoran government and 
international donors, including an estimated 12,512 houses built or 
reconstructed through European Union and Habitat-for-Humanity efforts. 
The IDB has also initiated reconstruction efforts in areas throughout 
the country, but it is believed that the program is still far from 
completion.
    El Salvador's Ministry of Education reported that while over 2,300 
schools had been rebuilt as of July 2004, the remaining 270 schools 
damaged by the earthquakes will require $21.7 million in financing to 
complete construction. According to the USAID Reconstruction Office, 
that funding was not available.
    In the immediate aftermath of the earthquake, seven hospitals and 
113 of 361 health facilities were severely damaged; these numbers 
represented 55 percent of the country's capacity to deliver health 
services. In June 2011, 10 years after the earthquake, the last damaged 
hospital was reopened.
    The National Water Institution estimated that 40-50 percent of the 
population is without access to potable water on account of a continued 
lack of electricity and damage to the water system resulting from the 
earthquakes. Despite international funding for reconstruction of water 
systems, there was no accurate record at the national level that stated 
how many water and sanitation systems had been repaired since the 
destruction caused by the 2001 earthquakes. Reports further indicate 
that water treatment services in urban areas have improved since the 
2001 earthquakes, and around four fifths of the urban population has 
access to clean water. However, there are reports that only about 21 
percent of rural households had continuous water services.
    El Salvador is still rebuilding from the devastating 2001 
earthquakes. However, rebuilding efforts have been further complicated 
by more recent natural disasters and by sluggish economic growth. Due 
to these environmental factors, United Nations Development Programme 
recently classified El Salvador among the most vulnerable countries in 
the world. Given the ongoing challenges faced by the country, El 
Salvador remains temporarily unable to handle adequately the return of 
its nationals from the United States.
    While the U.S. government has significantly invested in the 
recovery from the damage caused by the 2001 earthquakes and in the 
overall development of El Salvador, the Salvadoran economy remains 
fragile and suffers from infrastructure shortcomings. An influx of TPS 
returnees would further strain already overburdened health and 
education sectors in El Salvador's rural communities which have yet to 
fully recover from the 2001 earthquakes. Due to these conditions, there 
continues to be a substantial, but temporary, disruption in living 
conditions in El Salvador, and the country continues to be unable, 
temporarily, to handle adequately, the return of its nationals.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds that:
     The conditions that prompted the March 9, 2001, 
designation of El Salvador 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 El Salvador as a result of an 
environmental disaster. See section 244(b)(1)(B) of the Act, 8 U.S.C. 
1254a(b)(1)(B).
     El Salvador continues to be unable, temporarily, to handle 
adequately the return of its nationals (or aliens having no nationality 
who last habitually resided in El Salvador). See section 244(b)(1)(B) 
of the Act, 8 U.S.C. 1254a(b)(1)(B).
     The designation of El Salvador 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 212,000 nationals of El Salvador 
(or aliens having no nationality who last habitually resided in El 
Salvador) who may be eligible to re-register for TPS under this 
extended designation.

Notice of Extension of the TPS Designation of El Salvador

    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 El Salvador for temporary 
protected status (TPS) on March 9, 2001 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 El Salvador for 18 
months from its current expiration on March 9, 2012 through September 
9, 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 El Salvador, 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 sec. 
244.2(f)(2) and information on late initial filing on the USCIS TPS Web 
page at 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

[[Page 1713]]

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 El 
Salvador. 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 a 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 
applications. This situation will fall under good cause for late re-
registration. However, applicants are 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. 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 El Salvador 
TPS found on the USCIS TPS Web page for El Salvador.

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     U.S. Postal Service: USCIS
 and you live in the following states/   Attn: TPS El Salvador
 territories: Connecticut, Delaware,     P.O. Box 8635
 Florida, Georgia, Illinois, Indiana,    Chicago, IL 60680-8635.
 Kentucky, Maine, Maryland,              Non-U.S. Postal Delivery
 Massachusetts, Michigan, New             Service: USCIS
 Hampshire, New Jersey, North Carolina,  Attn: TPS El Salvador
 Ohio, Pennsylvania, Rhode Island,       131 S. Dearborn--3rd Floor
 South Carolina, Vermont, Virginia,      Chicago, IL 60603-5517.
 Washington DC, West Virginia.
You are applying for re-registration     U.S. Postal Service: USCIS
 and you live in the following states/   Attn: TPS El Salvador
 territories: Alabama, Alaska, American  P.O. Box 660864
 Samoa, Arkansas, Colorado, Guam,        Dallas, TX 75266.
 Hawaii, Idaho, Iowa, Kansas,            Non-U.S. Postal Delivery
 Louisiana; Minnesota, Mississippi,       Service: USCIS
 Missouri, Montana, Nebraska, New        2501 S. State Highway, 121
 Mexico, New York, North Dakota,          Business
 Northern Mariana Islands, Oklahoma,     Suite 400
 Puerto Rico, South Dakota, Tennessee,   Lewisville, TX 75067.
 Texas, Utah, Virgin Islands,
 Wisconsin, Wyoming.
You are applying for re-registration     U.S. Postal Service: USCIS
 and you live in the following states/   Attn: TPS El Salvador
 territories: Arizona, California,       P.O. Box 21800
 Nevada, Oregon, Washington.             Phoenix, AZ 85036.
                                         Non-U.S. Postal Delivery
                                          Service: USCIS
                                         1820 E. Skyharbor, Circle S,
                                          Suite 100
                                         Phoenix, AZ 85034.
You are applying for the first time as   U.S. Postal Service: USCIS
 a late initial registrant through US    Attn: TPS El Salvador
 Postal Service.                         P.O. Box 8670
                                         Chicago, IL 60680-8670.
                                         Non-U.S. Postal Delivery
                                          Service: USCIS
                                         Attn: TPS El Salvador
                                         131 S. Dearborn--3rd Floor
                                         Chicago, IL 60603-5517.
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    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA), and you wish to request an EAD or are re-
registering for the first time following a grant by the IJ or BIA, 
please mail your application to the proper address for TPS re-
registration based on the state/territory where you live.

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.

[[Page 1714]]

Am I eligible to receive an automatic 6-month extension of my current 
EAD from March 9, 2012 through September 9, 2012?

    You will receive an automatic 6-month extension of your EAD if you:
     Are a national of El Salvador (or an alien having no 
nationality who last habitually resided in El Salvador);
     Received an EAD under the last extension of TPS for El 
Salvador; and
     Have not had TPS withdrawn or denied.
    This automatic extension is limited to EADs with an expiration date 
of March 9, 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 
September 9, 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 September 9, 
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 September 9, 2012. However, 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 ``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 September 9, 
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 September 9, 2012 for purposes of employment 
authorization?

    After September 9, 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 September 9, 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 September 9, 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 
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 September 9, 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 ``September 9, 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 September 9, 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 September 9, 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

[[Page 1715]]

should disregard the E-Verify case alert and follow the instructions 
above explaining how to correct Form I-9. After September 9, 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 Salvadoran 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 the 
Form I-9. Therefore, employers may not request proof of Salvadoran 
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 or 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 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 www.uscis.gov/save, then by choosing ``How to Correct 
Your Records'' from the menu on the right.

[FR Doc. 2012-143 Filed 1-10-12; 8:45 am]
BILLING CODE 9111-97-P