Designation of Syrian Arab Republic for Temporary Protected Status, 19026-19030 [2012-7498]

Download as PDF 19026 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Notices adopt and implement a security program. Send your comments by April 30, 2012. A comment to OMB is most effective if OMB receives it within 30 days of publication. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to Desk Officer, Department of Homeland Security/TSA, and sent via electronic mail to oira_submission@ omb.eop.gov or faxed to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: Joanna Johnson, Office of Information Technology, TSA–11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598–0011; telephone (571) 227–3616; email joanna.johnson@dhs.gov. SUPPLEMENTARY INFORMATION: DATES: Comments Invited In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation is available at www.reginfo.gov. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to— (1) Evaluate whether the proposed information requirement 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; (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 using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. mstockstill on DSK4VPTVN1PROD with NOTICES Information Collection Requirement Title: Aircraft Operator Security. Type of Request: Extension of a currently approved collection. OMB Control Number: 1652–0003. Forms(s): N/A. Affected Public: Aircraft Operators. Abstract: 49 CFR part 1544 requires aircraft operators to maintain, update, and comply with TSA-approved comprehensive security programs to ensure the safety of persons and VerDate Mar<15>2010 17:14 Mar 28, 2012 Jkt 226001 property traveling on their flights against acts of criminal violence and air piracy, and the introduction of explosives, incendiaries, or weapons aboard an aircraft. These programs and related records are subject to TSA inspection. Number of Respondents: 801. Estimated Annual Burden Hours: An estimated 1,918,371 hours annually. Issued in Arlington, Virginia, March 27, 2012. Joanna Johnson, Paperwork Reduction Act Officer, Office of Information Technology. [FR Doc. 2012–7671 Filed 3–28–12; 8:45 am] BILLING CODE 9110–05–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2522–12; DHS Docket No. USCIS 2012–0007] RIN 1615–ZB12 Designation of Syrian Arab Republic for Temporary Protected Status U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. AGENCY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated the Syrian Arab Republic (Syria) for Temporary Protected Status (TPS) for a period of 18 months, effective March 29, 2012 through September 30, 2013. Under section 244(b)(1) of the Immigration and Nationality Act (Act), 8 U.S.C. 1254a(b)(1), the Secretary is authorized to grant TPS to eligible nationals of designated foreign states or parts of such states (or to eligible aliens having no nationality who last habitually resided in such states) upon finding that such states are experiencing an ongoing armed conflict, an environmental disaster, or extraordinary and temporary conditions that prevent nationals from returning in safety. This designation allows eligible Syrian nationals (and aliens having no nationality who last habitually resided in Syria) who have both continuously resided in and been continuously physically present in the United States since March 29, 2012 to be granted TPS. This notice also describes the other eligibility criteria applicants must meet. Individuals who believe they may qualify for TPS under this designation SUMMARY: PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 may apply within the 180-day registration period that begins on March 29, 2012. They may also apply for Employment Authorization Documents (EADs) and for travel authorization. In this notice, DHS also sets forth the procedures for nationals of Syria (or aliens having no nationality who last habitually resided in Syria) to apply for TPS and EADs with U.S. Citizenship and Immigration Services (USCIS). DATES: This designation of Syria for TPS is effective on March 29, 2012 and will remain in effect through September 30, 2013. The 180-day registration period for eligible individuals to submit TPS applications begins March 29, 2012, and will remain in effect through September 30, 2013. 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 designation of Syria for TPS by selecting ‘‘TPS Designated Country— Syria’’ from the menu on the left of the TPS Web page. • 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 BIA—Board of Immigration Appeals COI—Independent International Commission of Inquiry, established pursuant to United Nations (UN) Human Rights Council resolution S–17/1 to investigate all alleged violations of international human rights law since March 2011 in the Syrian Arab Republic COI Report—‘‘Report of the Independent International Commission of Inquiry on the Syrian Arab Republic,’’ dated 22 February 2012, UN Doc. A/HRC/19/69 E:\FR\FM\29MRN1.SGM 29MRN1 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Notices DHS—U.S. Department of Homeland Security DOJ—U.S. Department of Justice DOS—U.S. Department of State EAD—Employment Authorization Document FSA—Free Syrian Army Government—U.S. Government HRC—United Nations Human Rights Council IJ—Immigration Judge OSC—U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices SARG—Syrian Arab Republic Government SAVE—Systematic Alien Verification for Entitlements Secretary—Secretary of Homeland Security Syria—Syrian Arab Republic TPS—Temporary Protected Status UN—United Nations UNHCR—Office of the United Nations High Commissioner for Refugees 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 obtain an EAD following a request and payment of the EAD fee, if required, so long as they continue to meet the requirements of TPS. • TPS beneficiaries may also be granted travel authorization as a matter of discretion. • The granting of TPS does not lead to permanent resident status. • When the Secretary terminates a country’s TPS designation, beneficiaries return to the same immigration status they maintained before TPS (unless that status has since expired or been terminated) or to any other lawfully obtained immigration status they received while registered for TPS. • TPS applicants are subject to thorough background and security checks. Applicants who have committed a felony or two misdemeanors in the United States and applicants who are subject to certain other mandatory bars, including those who pose a threat to U.S. national security, are not eligible. mstockstill on DSK4VPTVN1PROD with NOTICES What authority does the Secretary have to designate Syria 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 1 As of March 1, 2003, in accordance with section 1517 of title XV of the Homeland Security Act of VerDate Mar<15>2010 17:14 Mar 28, 2012 Jkt 226001 The Secretary can designate a foreign state for TPS based on one of three circumstances. One circumstance is if ‘‘there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety, unless the [Secretary] finds that permitting the aliens to remain temporarily in the United States is contrary to the national interest of the United States.’’ Section 244(b)(1)(C) of the Act, 8 U.S.C. 1254a(b)(1)(C). Following the designation of a foreign state for TPS, 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). Applicants must demonstrate that they satisfy all eligibility criteria, including that they have been ‘‘continually physically present’’ in the United States since the effective date of the designation, which is either the date of the Federal Register notice announcing the designation or such later date as the Secretary may determine, and that they have ‘‘continuously resided’’ in the United States since such date as the Secretary may designate. See sections 244(a)(1)(A), (b)(2)(A), and (c)(1)(A)(i–ii) of the Act; 8 U.S.C. 1254a(a)(1)(A), (b)(2)(A), (c)(1)(A)(i–ii). Why is the Secretary designating Syria for TPS through September 30, 2013? The Secretary has determined, after consultation with the Department of State (DOS) and other appropriate Government agencies, that there exist extraordinary and temporary conditions in Syria that prevent Syrian nationals from returning in safety, and that permitting such aliens to remain temporarily in the United States would not be contrary to the national interest of the United States. Protest crowds began to gather in Damascus and Dar’a by mid to late March 2011, when citizens seeking greater political freedom rose up against the rule of President Bashar al-Assad. In response, President al-Assad used the military to suppress the movement, and the Syrian Arab Republic Government (SARG) launched a brutal crackdown, violently repressing and killing thousands of its own civilians. The SARG continues to use excessive force against civilians, arbitrary executions, killing and persecution of protestors and 2002 (HSA), Public Law 107–296, 116 Stat. 2135, any reference to the Attorney General in a provision of the Act describing functions transferred from the Department of Justice to the DHS ‘‘shall be deemed to refer to the Secretary’’ of Homeland Security. See 6 U.S.C. 557 (codifying HSA, tit. XV, sec. 1517). PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 19027 members of the media, arbitrary detention, disappearances, torture, and ill-treatment in an effort to retain control of the country. The Independent International Commission of Inquiry (COI), in its second report to the United Nations Human Rights Council (HRC) dated February 22, 2012 (A/HRC/19/69), reports that the SARG’s initial violent suppression of dissent was followed by military defections and the formation of anti-government armed groups. The main armed opposition group is the Free Syrian Army (FSA). Other antigovernment armed groups include the Higher Military Council and Al Faroukh Battalion, both of which are engaged in combat with the Syrian security forces in Homs. According to the COI report, while anti-government groups have also committed abuses, their actions are not comparable in scale or organization to those carried out by the Syrian state. The COI report states that army snipers and Shabbiha (mercenaries hired by the SARG) have terrorized the population, targeting and killing small children, women, and other unarmed civilians. Military defectors report that soldiers continue to receive ‘‘shoot to kill’’ orders. Individual officers in the Syrian military have also shot unarmed protestors, including children, medical doctors, ambulance drivers, and mourners at funerals in Da’ra, Rif Dimashq, and Almastoumah governates. Observers generally agree that the conflict has become increasingly violent and militarized. As of February 2012, the UN Under-Secretary-General for Political Affairs indicated that approximately 7,500 Syrians have been killed since the violence began, and new casualties are reported daily. The COI report pointed out that ‘‘casualties rose steeply as the violence intensified’’ in recent months. In fact, the UN’s February 2012 death toll estimate of 7,500 exceeds its January 2012 estimate by 2,100 deaths. As of February 2012, public UN estimates indicated that between 100,000 and 200,000 Syrians are internally displaced, and as many as 500,000 citizens may be trapped in affected areas within Syria. According to the Office of the UN High Commissioner for Refugees (UNHCR), approximately 35,000 Syrians have sought shelter in the neighboring countries of Turkey, Lebanon, and Jordan. The deteriorating security situation in Syria compelled the United States to suspend Embassy operations on February 6, 2012, and order the departure of all U.S. direct-hire personnel from the country. Several other diplomatic missions have also E:\FR\FM\29MRN1.SGM 29MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 19028 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Notices suspended operations due to security concerns. On April 25, 2011, DOS advised all United States citizens to avoid travel to Syria and urged United States citizens in Syria to depart immediately. DOS has reiterated the travel warning several times, most recently on March 6, 2012. The international community has responded to the crisis in Syria by imposing economic sanctions. The regime’s economic mismanagement and economic sanctions have negatively affected the whole of the Syrian economy. According to the COI report, the prices of basic food items have increased by as much as 37 percent, and the unemployment rate is in the range of 22 to 30 percent. The economy is estimated to have shrunk by 2 to 4 percent in 2011, and a higher drop is expected in 2012. Tourism, which accounted for 6 to 9 percent of Syria’s gross domestic product, has collapsed. Thousands of Syrians have been uprooted from their communities and sought shelter in Turkey, Lebanon, and Jordan. Many of those that remain in the country are trapped in danger zones and are experiencing the effects of the economic sanctions. As of June 2011, UNHCR reports an estimated 10,000 Syrians are displaced in Turkey. Approximately 15,000 Syrians are displaced in Lebanon. Although in January 2012 Jordan reported that it formally hosts 2,500 to 3,000 Syrians displaced by violence, UNHCR estimates approximately 10,000 displaced Syrians are in Jordan. In February 2012, Jordan government sources stated that approximately 73,000 Syrians have entered Jordan through border crossings. Journalists and bloggers have been subject to harm, including arrest, prolonged detention, and death. Reports also indicate that medical doctors providing treatment to wounded members of the opposition have been arrested. The campaign group Avaaz, which has been monitoring attacks on medical workers, recorded more than 250 arrests between March and October 2011. This has led to the establishment of clandestine makeshift clinics in mosques and basements of homes. According to the UN General Assembly’s Conflict-related sexual violence: report of the SecretaryGeneral, published in January 2012, reports of conflict-related sexual violence from both Syrian security forces and anti-government armed groups also have surfaced. International humanitarian organizations face significant obstacles to gaining access to Syrian cities such as Homs and Hama that are crippled by the VerDate Mar<15>2010 17:14 Mar 28, 2012 Jkt 226001 brutality and violence. As a result, they cannot assure humanitarian assistance to citizens in need of emergency relief, including medical care, food, and other supplies. Given extraordinary and temporary conditions on the ground in Syria, Syrian nationals in the United States would face serious danger and threats were they to return to Syria. Based upon this review, and after consultation with appropriate Government agencies, the Secretary finds that: • Syrian nationals cannot return to Syria in safety due to extraordinary and temporary conditions. See section 244(b)(1)(C) of the Act, 8 U.S.C. 1254a(b)(1)(C); • It is not contrary to the national interest of the United States to permit Syrian nationals (and persons without nationality who last habitually resided in Syria) who meet the eligibility requirements of TPS to remain in the United States temporarily. See section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C); • The designation of Syria for TPS should be for an 18-month period from March 29, 2012 through September 30, 2013. See section 244(b)(2) of the Act, 8 U.S.C. 1254a(b)(2); • The date by which Syrian TPS applicants must demonstrate that they have continuously resided in the United States is established as March 29, 2012. See section 244(c)(1)(A)(ii) of the Act, 8 U.S.C. 1254a(c)(1)(A)(ii); • The date by which Syrian TPS applicants must demonstrate that they have been continuously physically present in the United States is March 29, 2012, the effective date of this TPS designation of Syria. See sections 244(b)(2)(A) and (c)(1)(A)(i) of the Act; 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i); and • An estimated 2,500 to 3,000 Syrian nationals (and persons without nationality who last habitually resided in Syria) may be eligible for TPS under this designation, based on the issuance of nonimmigrant visas to Syrian nationals. Notice of the Designation of Syria for TPS By the authority vested in me as Secretary under section 244 of the Act, 8 U.S.C. 1254a, after consultation with the appropriate Government agencies, I designate Syria for TPS under section 244(b)(1)(C) of the Act, 8 U.S.C. 1254a(b)(1)(C), for a period of 18 months PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 from March 29, 2012 through September 30, 2013. Janet Napolitano, Secretary. Required Application Forms and Application Fees To Register for TPS To register for TPS for Syria, an applicant must submit: 1. Application for Temporary Protected Status (Form I–821) with the form fee; and 2. Application for Employment Authorization (Form I–765). • If you want an EAD you must pay the Application for Employment Authorization (Form I–765) fee only if you are age 14 through 65. • No Application for Employment Authorization (Form I–765) fee is required for an EAD with an initial TPS application if you are under the age of 14 or over the age of 65. You must submit both completed application forms together. If you are unable to pay the required fees, you may apply for a waiver for these application fees and/or the biometrics services fee described below 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. Fees for Application for Temporary Protected Status (Form I–821), Application for Employment Authorization (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. Such applicants must submit a biometric services fee. As previously stated, if you are unable to pay the required fees, you may apply for a biometrics fee waiver by completing a Request for Fee Waiver (Form I–912), or by submitting 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/feewaiver. If your biometrics are required, you will be mailed a notice scheduling you for an appointment at an Application Support Center to have your biometrics collected. Re-Filing a TPS Application After Receiving a Denial of a Fee Waiver Request If you request a fee waiver when filing your TPS and EAD application forms E:\FR\FM\29MRN1.SGM 29MRN1 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Notices and your request is denied, you may refile your application packet with the correct fees before the filing deadline of September 30, 2013. If you attempt to submit your application with a fee waiver request before the initial filing deadline, but you receive your application back with the USCIS fee waiver denial, and there are fewer than 45 days before the filing deadline (or the deadline has passed), you may still refile your application within the 45-day period after the date on the USCIS fee waiver denial notice. You must include the correct fees, or file a new fee waiver request. Your application will not be rejected even if the deadline has passed, provided it is mailed within those 45 days and all other required information for the application is included. Please be aware that if you re-file your TPS application with a new fee waiver request after the deadline based on this guidance and that new fee waiver 19029 request is denied, you cannot re-file again. Note: Alternatively, you may pay the TPS application fee and biometrics fee (if age 14 or older) but wait to request an EAD and pay the EAD application fee after USCIS grants your TPS application. Mailing Information Mail your application for TPS to the proper address in Table 1: TABLE 1—MAILING ADDRESS If . . . Mail to . . . You are applying through the U.S. Postal Service .................................. You are using a Non-U.S. Postal Service delivery service ..................... USCIS, P.O. Box 6943, Chicago, IL 60680–6943. USCIS, Attn: Syria TPS, 131 S. Dearborn 3rd Floor, Chicago, IL 60603–5517. If you were granted TPS by an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA), and you wish to request an EAD, please mail your application to the address in Table 1. Upon receiving a Receipt Notice from USCIS, please send an email to TPSijgrant.vsc@uscis.dhs.gov with the receipt number stating that you submitted a request for an EAD based on an IJ/BIA grant of TPS. You can find detailed information on what further information you need to email, and email addresses on the USCIS TPS Web page at https://www.uscis.gov/tps. E-Filing You cannot electronically file your application when applying for initial registration for TPS. Please mail your application to the mailing address listed in Table 1. mstockstill on DSK4VPTVN1PROD with NOTICES Supporting Documents What type of basic supporting documentation must I submit? To meet the basic eligibility requirements for TPS, you must submit evidence that you: • Are a national of Syria or an alien of no nationality who last habitually resided in Syria. Such documents may include a copy of your passport if available, other documentation issued by the SARG showing your nationality (e.g., national identity card, official travel documentation issued by the SARG), and/or your birth certificate with English translation accompanied by photo identification. USCIS will also consider certain forms of secondary evidence supporting your Syrian nationality. If the evidence presented is insufficient for USCIS to make a determination as to your nationality, USCIS may request additional evidence. If you cannot provide a passport, birth VerDate Mar<15>2010 18:06 Mar 28, 2012 Jkt 226001 certificate with photo identification, or a national identity document with your photo or fingerprint, you must submit an affidavit showing proof of your unsuccessful efforts to obtain such documents and affirming that you are a national of Syria. However, please be aware that an interview with an immigration officer will be required if you do not present any documentary proof of identity or nationality or if USCIS otherwise requests a personal appearance. See 8 CFR 103.2(b)(9), 244.9(a)(1); • Have continually resided in the United States since March 29, 2012. See 8 CFR 244.9(a)(2); • Have been continually physically present in the United States since March 29, 2012, the effective date of the designation of Syria. See sections 244(b)(2)(A) and (c)(1)(A)(i) of the Act; 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i); and • Present two color passport-style photographs of yourself. The filing instructions on the Application for Temporary Protected Status (Form I–821) list all the documents needed to establish basic eligibility for TPS. You may also see information on the acceptable documentation and other requirements for applying for TPS on the USCIS Web site at www.uscis.gov/tps under ‘‘TPS Designated Country—Syria.’’ Do I need to submit additional supporting documentation? If one or more of the questions listed in Part 4, Question 2 of the Application for Temporary Protected Status (Form I– 821) applies to you, then you must submit an explanation on a separate sheet(s) of paper and/or additional documentation. Depending on the nature of the question(s) you are addressing, additional documentation PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 alone may suffice, but usually a written explanation will also be needed. Employment Authorization Document (EAD) May I request an interim EAD at my local USCIS office? No. USCIS will not issue interim EADs to TPS applicants at local offices. 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 the Employment Eligibility Verification (Form I–9). Within 3 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.’’ Can my employer require that I produce any other documentation to prove my status, such as proof of my Syrian citizenship? No. When completing the Employment Eligibility Verification (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 E:\FR\FM\29MRN1.SGM 29MRN1 19030 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Notices appear on the Employment Eligibility Verification (Form I–9). Therefore, employers may not request proof of Syrian citizenship when completing the Employment Eligibility Verification (Form I–9). If presented with 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. Refer to the ‘‘Note to All Employees’’ section 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 Employment Eligibility Verification (Form I–9), and discriminatory practices related to E-Verify. Employers must accept any document or combination of documents acceptable for the Employment Eligibility Verification (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 the Employment Eligibility Verification (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 VerDate Mar<15>2010 17:14 Mar 28, 2012 Jkt 226001 the initial mismatch unless and until EVerify 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/about/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 EAD that has a valid expiration date; and/or (2) A copy of your Application for Temporary Protected Status Approval Notice (Form I–797), if you receive one from USCIS. Check with the state or local agency regarding which document(s) the agency will accept. You may also provide the agency with a copy of this notice. Some benefit-granting agencies use the Systematic Alien Verification for Entitlements (SAVE) Program 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 InfoPass 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. 2012–7498 Filed 3–28–12; 8:45 am] BILLING CODE 9111–97–P PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [CBP Dec. No. 12–06] Automated Commercial Environment Required for the Transmission of Advance Ocean and Rail Cargo Information U.S. Customs and Border Protection, DHS. ACTION: Notice. AGENCY: Various U.S. Customs and Border Protection (CBP) regulations require the transmission of advance cargo information to CBP through a CBP-approved electronic data interchange (EDI) system. CBP recently completed the testing of the Automated Commercial Environment (ACE) for the transmission of advance ocean and rail cargo information. This notice announces that, after a six month transition period, ACE will be the only CBP-approved EDI for submitting required advance information for ocean and rail cargo. DATES: On September 29, 2012, ACE will be the only CBP-approved EDI for transmitting to CBP required advance information for ocean and rail cargo. FOR FURTHER INFORMATION CONTACT: Susan Maskell, Office of International Trade, Susan.Maskell@dhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background Section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002 (19 U.S.C. 2071 note) (referred to in this notice as the Trade Act), directed U.S. Customs and Border Protection (CBP) to promulgate regulations providing for the mandatory transmission of electronic cargo information by way of a CBPapproved electronic data interchange (EDI) system before the cargo is brought into or departs the United States by any mode of commercial transportation (ocean, air, rail or truck). The required cargo information is that which is reasonably necessary to enable high-risk shipments to be identified for purposes of ensuring cargo safety and security and preventing smuggling pursuant to the laws enforced and administered by CBP. To effectuate the provisions of the Trade Act, CBP published a final rule in the Federal Register in 2003, requiring the advance electronic transmission of information pertaining to cargo prior to its being brought into, or sent from, the United States by sea, air, rail or truck. See Required Advance Electronic E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Notices]
[Pages 19026-19030]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7498]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2522-12; DHS Docket No. USCIS 2012-0007]
RIN 1615-ZB12


Designation of Syrian Arab Republic for Temporary Protected 
Status

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

ACTION: Notice.

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SUMMARY: Through this notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) has 
designated the Syrian Arab Republic (Syria) for Temporary Protected 
Status (TPS) for a period of 18 months, effective March 29, 2012 
through September 30, 2013. Under section 244(b)(1) of the Immigration 
and Nationality Act (Act), 8 U.S.C. 1254a(b)(1), the Secretary is 
authorized to grant TPS to eligible nationals of designated foreign 
states or parts of such states (or to eligible aliens having no 
nationality who last habitually resided in such states) upon finding 
that such states are experiencing an ongoing armed conflict, an 
environmental disaster, or extraordinary and temporary conditions that 
prevent nationals from returning in safety.
    This designation allows eligible Syrian nationals (and aliens 
having no nationality who last habitually resided in Syria) who have 
both continuously resided in and been continuously physically present 
in the United States since March 29, 2012 to be granted TPS. This 
notice also describes the other eligibility criteria applicants must 
meet.
    Individuals who believe they may qualify for TPS under this 
designation may apply within the 180-day registration period that 
begins on March 29, 2012. They may also apply for Employment 
Authorization Documents (EADs) and for travel authorization. In this 
notice, DHS also sets forth the procedures for nationals of Syria (or 
aliens having no nationality who last habitually resided in Syria) to 
apply for TPS and EADs with U.S. Citizenship and Immigration Services 
(USCIS).

DATES: This designation of Syria for TPS is effective on March 29, 2012 
and will remain in effect through September 30, 2013. The 180-day 
registration period for eligible individuals to submit TPS applications 
begins March 29, 2012, and will remain in effect through September 30, 
2013.

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 designation of Syria for TPS by 
selecting ``TPS Designated Country--Syria'' from the menu on the left 
of the TPS Web page.
     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
BIA--Board of Immigration Appeals
COI--Independent International Commission of Inquiry, established 
pursuant to United Nations (UN) Human Rights Council resolution S-
17/1 to investigate all alleged violations of international human 
rights law since March 2011 in the Syrian Arab Republic
COI Report--``Report of the Independent International Commission of 
Inquiry on the Syrian Arab Republic,'' dated 22 February 2012, UN 
Doc. A/HRC/19/69

[[Page 19027]]

DHS--U.S. Department of Homeland Security
DOJ--U.S. Department of Justice
DOS--U.S. Department of State
EAD--Employment Authorization Document
FSA--Free Syrian Army
Government--U.S. Government
HRC--United Nations Human Rights Council
IJ--Immigration Judge
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
SARG--Syrian Arab Republic Government
SAVE--Systematic Alien Verification for Entitlements
Secretary--Secretary of Homeland Security
Syria--Syrian Arab Republic
TPS--Temporary Protected Status
UN--United Nations
UNHCR--Office of the United Nations High Commissioner for Refugees
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 obtain an EAD following a 
request and payment of the EAD fee, if required, so long as they 
continue to meet the requirements of TPS.
     TPS beneficiaries may also be granted travel authorization 
as a matter of discretion.
     The granting of TPS does not lead to permanent resident 
status.
     When the Secretary terminates a country's TPS designation, 
beneficiaries return to the same immigration status they maintained 
before TPS (unless that status has since expired or been terminated) or 
to any other lawfully obtained immigration status they received while 
registered for TPS.
     TPS applicants are subject to thorough background and 
security checks. Applicants who have committed a felony or two 
misdemeanors in the United States and applicants who are subject to 
certain other mandatory bars, including those who pose a threat to U.S. 
national security, are not eligible.

What authority does the Secretary have to designate Syria 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 
can designate a foreign state for TPS based on one of three 
circumstances. One circumstance is if ``there exist extraordinary and 
temporary conditions in the foreign state that prevent aliens who are 
nationals of the state from returning to the state in safety, unless 
the [Secretary] finds that permitting the aliens to remain temporarily 
in the United States is contrary to the national interest of the United 
States.'' Section 244(b)(1)(C) of the Act, 8 U.S.C. 1254a(b)(1)(C).
---------------------------------------------------------------------------

    \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 Act describing functions transferred from the 
Department of Justice to the DHS ``shall be deemed to refer to the 
Secretary'' of Homeland Security. See 6 U.S.C. 557 (codifying HSA, 
tit. XV, sec. 1517).
---------------------------------------------------------------------------

    Following the designation of a foreign state for TPS, 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). 
Applicants must demonstrate that they satisfy all eligibility criteria, 
including that they have been ``continually physically present'' in the 
United States since the effective date of the designation, which is 
either the date of the Federal Register notice announcing the 
designation or such later date as the Secretary may determine, and that 
they have ``continuously resided'' in the United States since such date 
as the Secretary may designate. See sections 244(a)(1)(A), (b)(2)(A), 
and (c)(1)(A)(i-ii) of the Act; 8 U.S.C. 1254a(a)(1)(A), (b)(2)(A), 
(c)(1)(A)(i-ii).

Why is the Secretary designating Syria for TPS through September 30, 
2013?

    The Secretary has determined, after consultation with the 
Department of State (DOS) and other appropriate Government agencies, 
that there exist extraordinary and temporary conditions in Syria that 
prevent Syrian nationals from returning in safety, and that permitting 
such aliens to remain temporarily in the United States would not be 
contrary to the national interest of the United States.
    Protest crowds began to gather in Damascus and Dar'a by mid to late 
March 2011, when citizens seeking greater political freedom rose up 
against the rule of President Bashar al-Assad. In response, President 
al-Assad used the military to suppress the movement, and the Syrian 
Arab Republic Government (SARG) launched a brutal crackdown, violently 
repressing and killing thousands of its own civilians. The SARG 
continues to use excessive force against civilians, arbitrary 
executions, killing and persecution of protestors and members of the 
media, arbitrary detention, disappearances, torture, and ill-treatment 
in an effort to retain control of the country.
    The Independent International Commission of Inquiry (COI), in its 
second report to the United Nations Human Rights Council (HRC) dated 
February 22, 2012 (A/HRC/19/69), reports that the SARG's initial 
violent suppression of dissent was followed by military defections and 
the formation of anti-government armed groups. The main armed 
opposition group is the Free Syrian Army (FSA). Other anti-government 
armed groups include the Higher Military Council and Al Faroukh 
Battalion, both of which are engaged in combat with the Syrian security 
forces in Homs. According to the COI report, while anti-government 
groups have also committed abuses, their actions are not comparable in 
scale or organization to those carried out by the Syrian state.
    The COI report states that army snipers and Shabbiha (mercenaries 
hired by the SARG) have terrorized the population, targeting and 
killing small children, women, and other unarmed civilians. Military 
defectors report that soldiers continue to receive ``shoot to kill'' 
orders. Individual officers in the Syrian military have also shot 
unarmed protestors, including children, medical doctors, ambulance 
drivers, and mourners at funerals in Da'ra, Rif Dimashq, and 
Almastoumah governates.
    Observers generally agree that the conflict has become increasingly 
violent and militarized. As of February 2012, the UN Under-Secretary-
General for Political Affairs indicated that approximately 7,500 
Syrians have been killed since the violence began, and new casualties 
are reported daily. The COI report pointed out that ``casualties rose 
steeply as the violence intensified'' in recent months. In fact, the 
UN's February 2012 death toll estimate of 7,500 exceeds its January 
2012 estimate by 2,100 deaths. As of February 2012, public UN estimates 
indicated that between 100,000 and 200,000 Syrians are internally 
displaced, and as many as 500,000 citizens may be trapped in affected 
areas within Syria. According to the Office of the UN High Commissioner 
for Refugees (UNHCR), approximately 35,000 Syrians have sought shelter 
in the neighboring countries of Turkey, Lebanon, and Jordan.
    The deteriorating security situation in Syria compelled the United 
States to suspend Embassy operations on February 6, 2012, and order the 
departure of all U.S. direct-hire personnel from the country. Several 
other diplomatic missions have also

[[Page 19028]]

suspended operations due to security concerns. On April 25, 2011, DOS 
advised all United States citizens to avoid travel to Syria and urged 
United States citizens in Syria to depart immediately. DOS has 
reiterated the travel warning several times, most recently on March 6, 
2012.
    The international community has responded to the crisis in Syria by 
imposing economic sanctions. The regime's economic mismanagement and 
economic sanctions have negatively affected the whole of the Syrian 
economy. According to the COI report, the prices of basic food items 
have increased by as much as 37 percent, and the unemployment rate is 
in the range of 22 to 30 percent. The economy is estimated to have 
shrunk by 2 to 4 percent in 2011, and a higher drop is expected in 
2012. Tourism, which accounted for 6 to 9 percent of Syria's gross 
domestic product, has collapsed.
    Thousands of Syrians have been uprooted from their communities and 
sought shelter in Turkey, Lebanon, and Jordan. Many of those that 
remain in the country are trapped in danger zones and are experiencing 
the effects of the economic sanctions. As of June 2011, UNHCR reports 
an estimated 10,000 Syrians are displaced in Turkey. Approximately 
15,000 Syrians are displaced in Lebanon. Although in January 2012 
Jordan reported that it formally hosts 2,500 to 3,000 Syrians displaced 
by violence, UNHCR estimates approximately 10,000 displaced Syrians are 
in Jordan. In February 2012, Jordan government sources stated that 
approximately 73,000 Syrians have entered Jordan through border 
crossings.
    Journalists and bloggers have been subject to harm, including 
arrest, prolonged detention, and death. Reports also indicate that 
medical doctors providing treatment to wounded members of the 
opposition have been arrested. The campaign group Avaaz, which has been 
monitoring attacks on medical workers, recorded more than 250 arrests 
between March and October 2011. This has led to the establishment of 
clandestine makeshift clinics in mosques and basements of homes. 
According to the UN General Assembly's Conflict-related sexual 
violence: report of the Secretary-General, published in January 2012, 
reports of conflict-related sexual violence from both Syrian security 
forces and anti-government armed groups also have surfaced.
    International humanitarian organizations face significant obstacles 
to gaining access to Syrian cities such as Homs and Hama that are 
crippled by the brutality and violence. As a result, they cannot assure 
humanitarian assistance to citizens in need of emergency relief, 
including medical care, food, and other supplies.
    Given extraordinary and temporary conditions on the ground in 
Syria, Syrian nationals in the United States would face serious danger 
and threats were they to return to Syria.
    Based upon this review, and after consultation with appropriate 
Government agencies, the Secretary finds that:
     Syrian nationals cannot return to Syria in safety due to 
extraordinary and temporary conditions. See section 244(b)(1)(C) of the 
Act, 8 U.S.C. 1254a(b)(1)(C);
     It is not contrary to the national interest of the United 
States to permit Syrian nationals (and persons without nationality who 
last habitually resided in Syria) who meet the eligibility requirements 
of TPS to remain in the United States temporarily. See section 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C);
     The designation of Syria for TPS should be for an 18-month 
period from March 29, 2012 through September 30, 2013. See section 
244(b)(2) of the Act, 8 U.S.C. 1254a(b)(2);
     The date by which Syrian TPS applicants must demonstrate 
that they have continuously resided in the United States is established 
as March 29, 2012. See section 244(c)(1)(A)(ii) of the Act, 8 U.S.C. 
1254a(c)(1)(A)(ii);
     The date by which Syrian TPS applicants must demonstrate 
that they have been continuously physically present in the United 
States is March 29, 2012, the effective date of this TPS designation of 
Syria. See sections 244(b)(2)(A) and (c)(1)(A)(i) of the Act; 8 U.S.C. 
1254a(b)(2)(A), (c)(1)(A)(i); and
     An estimated 2,500 to 3,000 Syrian nationals (and persons 
without nationality who last habitually resided in Syria) may be 
eligible for TPS under this designation, based on the issuance of 
nonimmigrant visas to Syrian nationals.

Notice of the Designation of Syria for TPS

    By the authority vested in me as Secretary under section 244 of the 
Act, 8 U.S.C. 1254a, after consultation with the appropriate Government 
agencies, I designate Syria for TPS under section 244(b)(1)(C) of the 
Act, 8 U.S.C. 1254a(b)(1)(C), for a period of 18 months from March 29, 
2012 through September 30, 2013.

Janet Napolitano,
Secretary.

Required Application Forms and Application Fees To Register for TPS

    To register for TPS for Syria, an applicant must submit:
    1. Application for Temporary Protected Status (Form I-821) with the 
form fee; and
    2. Application for Employment Authorization (Form I-765).
     If you want an EAD you must pay the Application for 
Employment Authorization (Form I-765) fee only if you are age 14 
through 65.
     No Application for Employment Authorization (Form I-765) 
fee is required for an EAD with an initial TPS application if you are 
under the age of 14 or over the age of 65.
    You must submit both completed application forms together. If you 
are unable to pay the required fees, you may apply for a waiver for 
these application fees and/or the biometrics services fee described 
below 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. Fees for Application for Temporary 
Protected Status (Form I-821), Application for Employment Authorization 
(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. Such applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay the 
required fees, you may apply for a biometrics fee waiver by completing 
a Request for Fee Waiver (Form I-912), or by submitting 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/feewaiver. If 
your biometrics are required, you will be mailed a notice scheduling 
you for an appointment at an Application Support Center to have your 
biometrics collected.

Re-Filing a TPS Application After Receiving a Denial of a Fee Waiver 
Request

    If you request a fee waiver when filing your TPS and EAD 
application forms

[[Page 19029]]

and your request is denied, you may re-file your application packet 
with the correct fees before the filing deadline of September 30, 2013. 
If you attempt to submit your application with a fee waiver request 
before the initial filing deadline, but you receive your application 
back with the USCIS fee waiver denial, and there are fewer than 45 days 
before the filing deadline (or the deadline has passed), you may still 
re-file your application within the 45-day period after the date on the 
USCIS fee waiver denial notice. You must include the correct fees, or 
file a new fee waiver request. Your application will not be rejected 
even if the deadline has passed, provided it is mailed within those 45 
days and all other required information for the application is 
included. Please be aware that if you re-file your TPS application with 
a new fee waiver request after the deadline based on this guidance and 
that new fee waiver request is denied, you cannot re-file again. Note: 
Alternatively, you may pay the TPS application fee and biometrics fee 
(if age 14 or older) but wait to request an EAD and pay the EAD 
application fee after USCIS grants your TPS application.

Mailing Information

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

                        Table 1--Mailing Address
------------------------------------------------------------------------
                If . . .                          Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S.        USCIS, P.O. Box 6943, Chicago,
 Postal Service.                          IL 60680-6943.
You are using a Non-U.S. Postal Service  USCIS, Attn: Syria TPS, 131 S.
 delivery service.                        Dearborn 3rd Floor, Chicago,
                                          IL 60603-5517.
------------------------------------------------------------------------

    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA), and you wish to request an EAD, please 
mail your application to the address in Table 1. Upon receiving a 
Receipt Notice from USCIS, please send an email to 
TPSijgrant.vsc@uscis.dhs.gov with the receipt number stating that you 
submitted a request for an EAD based on an IJ/BIA grant of TPS. You can 
find detailed information on what further information you need to 
email, and email addresses on the USCIS TPS Web page at https://www.uscis.gov/tps.

E-Filing

    You cannot electronically file your application when applying for 
initial registration for TPS. Please mail your application to the 
mailing address listed in Table 1.

Supporting Documents

What type of basic supporting documentation must I submit?

    To meet the basic eligibility requirements for TPS, you must submit 
evidence that you:
     Are a national of Syria or an alien of no nationality who 
last habitually resided in Syria. Such documents may include a copy of 
your passport if available, other documentation issued by the SARG 
showing your nationality (e.g., national identity card, official travel 
documentation issued by the SARG), and/or your birth certificate with 
English translation accompanied by photo identification. USCIS will 
also consider certain forms of secondary evidence supporting your 
Syrian nationality. If the evidence presented is insufficient for USCIS 
to make a determination as to your nationality, USCIS may request 
additional evidence. If you cannot provide a passport, birth 
certificate with photo identification, or a national identity document 
with your photo or fingerprint, you must submit an affidavit showing 
proof of your unsuccessful efforts to obtain such documents and 
affirming that you are a national of Syria. However, please be aware 
that an interview with an immigration officer will be required if you 
do not present any documentary proof of identity or nationality or if 
USCIS otherwise requests a personal appearance. See 8 CFR 103.2(b)(9), 
244.9(a)(1);
     Have continually resided in the United States since March 
29, 2012. See 8 CFR 244.9(a)(2);
     Have been continually physically present in the United 
States since March 29, 2012, the effective date of the designation of 
Syria. See sections 244(b)(2)(A) and (c)(1)(A)(i) of the Act; 8 U.S.C. 
1254a(b)(2)(A), (c)(1)(A)(i); and
     Present two color passport-style photographs of yourself.
    The filing instructions on the Application for Temporary Protected 
Status (Form I-821) list all the documents needed to establish basic 
eligibility for TPS. You may also see information on the acceptable 
documentation and other requirements for applying for TPS on the USCIS 
Web site at www.uscis.gov/tps under ``TPS Designated Country--Syria.''

Do I need to submit additional supporting documentation?

    If one or more of the questions listed in Part 4, Question 2 of the 
Application for Temporary Protected Status (Form I-821) applies to you, 
then you must submit an explanation on a separate sheet(s) of paper 
and/or additional documentation. Depending on the nature of the 
question(s) you are addressing, additional documentation alone may 
suffice, but usually a written explanation will also be needed.

Employment Authorization Document (EAD)

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

    No. USCIS will not issue interim EADs to TPS applicants at local 
offices.

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 the Employment Eligibility Verification (Form I-9). 
Within 3 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.''

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

    No. When completing the Employment Eligibility Verification (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

[[Page 19030]]

appear on the Employment Eligibility Verification (Form I-9). 
Therefore, employers may not request proof of Syrian citizenship when 
completing the Employment Eligibility Verification (Form I-9). If 
presented with 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. Refer to 
the ``Note to All Employees'' section 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 Employment 
Eligibility Verification (Form I-9), and discriminatory practices 
related to E-Verify. Employers must accept any document or combination 
of documents acceptable for the Employment Eligibility Verification 
(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 the Employment 
Eligibility Verification (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/about/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 EAD that has a valid expiration date; and/or
    (2) A copy of your Application for Temporary Protected Status 
Approval Notice (Form I-797), if you receive one from USCIS.
    Check with the state or local agency regarding which document(s) 
the agency will accept. You may also provide the agency with a copy of 
this notice.
    Some benefit-granting agencies use the Systematic Alien 
Verification for Entitlements (SAVE) Program 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 InfoPass 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. 2012-7498 Filed 3-28-12; 8:45 am]
BILLING CODE 9111-97-P
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