Extension of the Designation of Haiti for Temporary Protected Status, 59943-59948 [2012-23826]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Pages 59943-59948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23826]


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DEPARTMENT OF HOMELAND SECURITY

 [CIS No. 2524-12; DHS Docket No. USCIS-2012-0009]
RIN 1615-ZB14


Extension of the Designation of Haiti for Temporary Protected 
Status

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

ACTION: Notice.

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SUMMARY: This notice announces that the Secretary of Homeland Security 
(Secretary) is extending the designation of Haiti for Temporary 
Protected Status (TPS) for 18 months from January 23, 2013 through July 
22, 2014. The extension allows currently eligible TPS beneficiaries to 
retain TPS through July 22, 2014. The Secretary has determined that an 
extension is warranted because the conditions in Haiti that prompted 
the initial 2010 TPS designation and the 2011 redesignation continue to 
be met. There continue to be extraordinary and temporary conditions in 
Haiti resulting from the devastating effects of the January 2010 
earthquake that prevent Haitians from returning to their country in 
safety. Permitting eligible Haitians to remain temporarily in the 
United States is not contrary to the national interest of the United 
States.
    This notice also sets forth procedures necessary for nationals of 
Haiti (or aliens having no nationality who last habitually resided in 
Haiti) to re-register for TPS and to apply for renewal of their 
Employment Authorization Documents (EADs) with U.S. Citizenship and 
Immigration Services (USCIS). Re-registration is limited to persons who 
have previously registered for TPS under the designation of Haiti and 
whose applications have been granted. Certain nationals of Haiti (or 
aliens having no nationality who last habitually resided in Haiti) who 
have not previously applied for TPS may be eligible to apply under the 
late initial registration provisions, if they meet: (1) At least one of 
the late initial filing criteria and (2) all TPS eligibility criteria 
(including continuous residence in the United States since January 12, 
2011, and continuous physical presence in the United States since July 
23, 2011).
    USCIS will issue new EADs with a July 22, 2014 expiration date to 
eligible Haitian TPS beneficiaries who timely re-register and apply for 
EADs under this extension. Given the timeframes involved with 
processing TPS re-registration applications, the Department of Homeland 
Security (DHS) recognizes that all re-registrants may not receive new 
EADs until after their current EADs expire on January 22, 2013. 
Accordingly, this Notice automatically extends the validity of EADs 
issued under the TPS designation of Haiti for 6 months, from January 
22, 2013 through July 22, 2013, and explains how TPS beneficiaries and 
their employers may determine which EADs are automatically extended and 
their impact on the Employment Eligibility Verification (Form I-9) and 
E-Verify processes.

DATES: The 18-month extension of the TPS designation of Haiti is 
effective January 23, 2013, and will remain in effect through July 22, 
2014. The 60-day re-registration period begins October 1, 2012 and will 
remain in effect until November 30, 2012.

FOR FURTHER INFORMATION CONTACT: 
     For further information on TPS, including guidance on the 
application process and additional information on eligibility 
(including eligibility for late initial registration), please visit the 
USCIS TPS Web page at https://www.uscis.gov/tps. The general TPS Web 
page has detailed information on filing and eligibility requirements. 
You can find specific information about this extension of Haiti for TPS 
by selecting ``TPS Designated Country: Haiti'' from the menu on the 
left of the TPS Web page. You can obtain information in French or 
Creole by selecting the language from the menu on the right from the 
TPS Haiti-specific Web page.
     You can also contact the TPS Operations Program Manager at 
the 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). Service is 
available in English and Spanish only.
     Further information will also be available at local USCIS 
offices upon publication of this notice.

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This Document

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
Government--U.S. Government
HNP--Haitian National Police
IDP--Internally Displaced Persons
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
PAHO--Pan American Health Organization
Secretary--Secretary of Homeland Security
SAVE--USCIS Systematic Alien Verification for Entitlements Program
TPS--Temporary Protected Status
UN--United Nations
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 Immigration and Nationality 
Act (INA), 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

[[Page 59944]]

work authorization, so long as they continue to meet the requirements 
of TPS status.
     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.

When was Haiti designated for TPS?

    On January 22, 2010, the Secretary designated Haiti for TPS based 
on extraordinary and temporary conditions within the country, 
specifically the effects of the 7.0-magnitude earthquake that occurred 
January 12, 2010. See 75 FR 3476. In 2011, the Secretary extended 
Haiti's designation and redesignated Haiti for TPS for 18 months 
through January 22, 2013. See 76 FR 29000 (May 19, 2011). This 
announcement is the second extension of TPS for Haiti since the 
original designation in January 2010.

What authority does the Secretary have to extend the designation of 
Haiti for TPS?

    Section 244(b)(1) of the INA, 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 INA, 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 INA 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 INA, 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 INA, 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 INA, 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Haiti for TPS 
through July 22, 2014?

    Over the past year, the Department of Homeland Security (DHS) and 
the Department of State (DOS) have continued to review conditions in 
Haiti. Based on this review and after consulting with DOS, the 
Secretary has determined that an 18-month extension is warranted 
because the extraordinary and temporary conditions that prompted the 
original January 2010 TPS designation and the July 2011 extension and 
redesignation persist.
    The January 12, 2010 earthquake that struck Haiti caused extensive 
damage to infrastructure, public health, agriculture, transportation, 
and educational facilities. A coordinated international effort and 
strong partnership with the Haitian people resulted in emergency 
response activities that saved lives and laid a foundation for Haiti to 
rebuild. However, many of the conditions prompting the original January 
2010 TPS designation and the July 2011 extension and redesignation 
persist.
    Haitian government estimates of the death toll caused by the 
earthquake have ranged from 230,000 to over 300,000 people. The 
Government of Haiti further estimated that more than 1,000,000 people 
were displaced within the Port-au-Prince metropolitan area. Destruction 
from the earthquake rose to catastrophic levels due to Haiti's already 
weak infrastructure, as the government struggled to provide minimum 
basic services even prior to the earthquake.
    Security in Haiti remains a concern as progress toward a return to 
country conditions before the January 2010 earthquake has been slow. 
The earthquake killed 77 officers of the Haitian National Police (HNP), 
injured 253 officers, and destroyed or severely damaged 45 HNP stations 
and substations. The earthquake destroyed 13 of the 15 ministry 
buildings and 180 other government buildings, including the National 
Palace. In addition to devastating the center of government, damage 
from the earthquake paralyzed the economic center as well. Some 30,000 
commercial buildings suffered severe damage, collapsed, or were 
expected to be demolished. Political instability, including the 
resignation of Prime Minister Conille, had also hampered the 
reconstruction process. Without the Government of Haiti's authority to 
fully engage in development decisions, the reconstruction process was 
at a standstill. However, a new Prime Minister and cabinet are now in 
place.
    Following the January 2010 earthquake, more than 1,000,000 Haitians 
were left homeless and living in temporary camps. In early 2012, 
approximately 500,000 people continued to live in internally displaced 
persons (IDP) camps, which are vulnerable to flooding, disease, crime, 
and gender-based violence. Alternative housing options are lacking. 
Severely damaged infrastructure remains unrepaired, disrupting the 
informal businesses on which the economy is based. Rubble continues to 
impede recovery efforts. By some estimates, the amount of debris in 
Port-au-Prince alone after the earthquake was about 33,000,000 cubic 
yards. The scale of the damage, level of displacement, low funding, and 
the lack of a government housing reconstruction policy have all impeded 
reconstruction efforts.
    Poor camp conditions were exacerbated by steady rains in October 
2010, which led to flooding and contributed to a deadly cholera 
outbreak. According to the Haitian Ministry of Health, as of May 1, 
2012, there have been an estimated 532,192 cholera cases and 7,060 
associated deaths since October 2010. The Pan American Health 
Organization (PAHO) warns that 200,000 to 250,000 people could contract 
the disease during the April to November 2012 rainy season.
    Food security continues to be a problem 2 years after the 
earthquake, although much progress has been made. The quality of 
drinking water in the camps has remained stable since January 2012 
according to the National Directorate for Potable Water and Sanitation 
of the Republic of Haiti. A survey conducted at 433 sites showed that 
roughly 63 percent of the camp population is drinking chlorinated 
water. Despite this promising number, camp sanitation remains a 
concern.
    Children are a particularly vulnerable population in Haiti. Of the 
661,000 displaced persons outside of Port-au-Prince six months after 
the quake, roughly half were estimated to be children. The Ministry of 
Education in Haiti estimated that 80 percent of the schools west of the 
capital were destroyed or severely damaged in the earthquake. The 
Ministry further estimated that some 35 to 40 percent of

[[Page 59945]]

schools in the southeast were destroyed, rendering the total number of 
schools destroyed or severely damaged as high as 5,000.
    The 2010 earthquake exacerbated Haiti's position as the poorest 
nation in the Western Hemisphere and one of the poorest nations in the 
world. Given the risk of contracting cholera, unsafe living conditions 
in IDP camps, damaged infrastructure, and a shortage of permanent 
shelter, it is unsafe for Haitians currently in the United States with 
TPS to return home. While the situation has improved, the effects of 
the earthquake continue to reverberate in Haiti.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds that:
     The conditions that prompted the July 23, 2011 extension 
and redesignation of Haiti for TPS continue to be met. See section 
244(b)(3)(A) and (C) of the INA, 8 U.S.C. 1254a(b)(3)(A) and (C).
     There continue to be extraordinary and temporary 
conditions in Haiti that prevent Haitian nationals from returning to 
Haiti in safety. See section 244(b)(1)(C) of the INA, 8 U.S.C. 
1254a(b)(1)(C).
     It is not contrary to the national interest of the United 
States to permit Haitians (and persons who have no nationality who last 
habitually resided in Haiti) who meet the eligibility requirements of 
TPS to remain in the United States temporarily. See section 
244(b)(1)(C) of the INA, 8 U.S.C. 1254a(b)(1)(C).
     The designation of Haiti for TPS should be extended for an 
additional 18-month period from January 23, 2013 through July 22, 2014. 
See section 244(b)(3)(C) of the INA, 8 U.S.C. 1254a(b)(3)(C).
     There are approximately 60,000 current Haiti TPS 
beneficiaries who are expected to be eligible to re-register for TPS 
under the extension.

Notice of Extension of the TPS Designation of Haiti

    By the authority vested in me as Secretary under section 244 of the 
INA, 8 U.S.C. 1254a, I have determined, after consultation with the 
appropriate Government agencies, that the conditions that prompted the 
redesignation of Haiti for TPS on July 23, 2011 continue to be met. See 
section 244(b)(3)(A) of the INA, 8 U.S.C. 1254a(b)(3)(A). On the basis 
of this determination, I am extending the existing TPS designation of 
Haiti for 18 months from January 23, 2013 through July 22, 2014.

Janet Napolitano,
Secretary.

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

    To register or re-register for TPS for Haiti, an applicant must 
submit each of the following two applications:
    1. Application for Temporary Protected Status (Form I-821).
     You only need to pay the Application for Temporary 
Protected Status (Form I-821) application fee if you are filing an 
application for late initial registration. See 8 CFR 244.2(f)(2) and 
information on late initial filing on the USCIS TPS Web page at 
www.uscis.gov/tps.
     You do not need to pay the Application for Temporary 
Protected Status (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 
Application for Employment Authorization (Form I-765) fee only if you 
want an EAD.
     If you are applying for late initial registration and 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 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 Application for Employment 
Authorization (Form I-765) fee if you are not requesting an EAD, 
regardless of whether you are applying for re-registration or are 
filing a late initial registration.
    You must submit both completed application forms together. If you 
are unable to pay for the application and/or biometrics fee, you may 
apply for a fee waiver by completing a Request for Fee Waiver (Form I-
912) or submitting a personal letter requesting a fee waiver, and by 
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)(1)(i).

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 for the 
biometric services fee, you may apply for a 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. If necessary, 
you may be required to visit an Application Support Center to have your 
biometrics captured.

Re-Filing a Re-Registration TPS Application 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 re-file 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 re-file by the re-
registration deadline, the applicant may still re-file his or her 
application. This situation will be reviewed under good cause for late 
re-registration. However, applicants are urged to re-file within 45 
days of the date on their USCIS fee waiver denial notice, if at all 
possible. See section 244(c)(3)(C) of the INA; 8 U.S.C. 1254a(c)(3)(C); 
8 CFR 244.17(c). For more information on good cause for late re-
registration, visit the USCIS TPS Web page at https://www.uscis.gov/tps. 
Note: As previously stated, although a re-registering TPS beneficiary 
age 14 and older must pay the biometric services fee (but not the 
initial TPS application fee) when filing a TPS re-registration 
application, the applicant may decide to wait to request an EAD and pay 
the Application for Employment Authorization (Form I-765) fee after 
USCIS has approved the individual's TPS re-registration, if he or she 
is eligible.

Mailing Information

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

[[Page 59946]]



                                            Table 1--Mailing Address
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                                  For regular mail using the U.S. Postal   For delivery services other than the
      If you live in . . .                Service, send to . . .            U.S. Postal Service, send to . . .
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The State of Florida............  USCIS, P.O. Box 4464, Chicago, IL       USCIS, Attn: TPS Haiti, 131 S.
                                   60680-4464.                             Dearborn 3rd Floor, Chicago, IL 60603-
                                                                           5517.
The State of New York...........  USCIS, P.O. Box 660167, Dallas, TX      USCIS, Attn: TPS Haiti, 2501 S. State
                                   75266-0167.                             Hwy. 121, Business, Suite 400,
                                                                           Lewisville, TX 75067.
Any other state.................  USCIS, P.O. Box 24047, Phoenix, AZ      USCIS, Attn: TPS Haiti, 1820 E.
                                   85074-4047.                             Skyharbor Circle S, Suite 100,
                                                                           Phoenix, AZ 85034.
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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 of TPS by the IJ or 
BIA, please mail your application to the appropriate address in Table 1 
above. Upon receiving a Receipt Notice from USCIS, please send an email 
to the appropriate USCIS Service Center handling your application 
providing the receipt number and stating that you submitted a re-
registration and/or request for an EAD based on an IJ/BIA grant of TPS. 
If your USCIS receipt number begins with the letters ``LIN'', please 
email the Nebraska Service Center at TPSijgrant.nsc@uscis.dhs.gov. If 
your USCIS receipt number begins with the letters ``WAC'', please email 
the California Service Center at TPSijgrant.csc@uscis.dhs.gov. You can 
find detailed information on what further information you need to email 
and the email addresses on the USCIS TPS Web page at https://www.uscis.gov/tps.

E-Filing

    You cannot electronically file your application when registering or 
re-registering for Haiti TPS. Please mail your application to the 
mailing address listed in Table 1 above.

Employment Authorization Document (EAD)

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

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

Am I eligible to receive an automatic 6-month extension of my current 
EAD from January 22, 2013 through July 22, 2013?

    Provided that you currently have TPS under the Haiti designation, 
this notice automatically extends your EAD by 6 months if you:
     Are a national of Haiti (or an alien having no nationality 
who last habitually resided in Haiti);
     Received an EAD under the last extension or re-designation 
of TPS for Haiti; and
     Have an EAD with a marked expiration date of January 22, 
2013, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category.''
    Although your EAD is automatically extended through July 22, 2013 
by this notice, you must re-register timely for TPS in accordance with 
the procedures described in this notice if you would like to maintain 
your TPS.

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 the ``Lists 
of Acceptable Documents'' for Employment Eligibility Verification (Form 
I-9). You can find additional detailed information on the USCIS I-9 
Central Web page at https://www.uscis.gov/I-9Central. Employers are 
required to verify the identity and employment authorization of all new 
employees by using 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) on the Employment Eligibility 
Verification (Form I-9). An EAD is an acceptable document under ``List 
A.'' Employers may not reject a document based upon a future expiration 
date.
    If your EAD has an expiration date of January 22, 2013, and states 
``A-12'' or ``C-19'' under ``Category'', it has been extended 
automatically for 6 months by virtue of this Federal Register notice, 
and you may choose to present your EAD to your employer as proof of 
identity and employment authorization for Employment Eligibility 
Verification (Form I-9) through July 22, 2013 (see the subsection below 
titled ``How do I and my employer complete the Employment Eligibility 
Verification (Form I-9) (i.e., verification) using an automatically 
extended EAD for a new job?'' for further information). To minimize 
confusion over this extension at the time of hire, you may also show 
your employer a copy of this Federal Register notice confirming the 
automatic extension of employment authorization through July 22, 2013. 
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?

    Even though EADs with an expiration date of January 22, 2013, that 
state ``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended for 6 months by virtue of this Federal Register notice, your 
employer will need to ask you about your continued employment 
authorization once January 22, 2013 is reached in order to meet its 
responsibilities for Employment Eligibility Verification (Form I-9). 
However, your employer does not need a new document in order to 
reverify your employment authorization until after July 22, 2013. 
Instead, you and your employer must make corrections to the employment 
authorization expiration dates in section 1 and section 2 of the 
Employment Eligibility Verification (Form I-9) (see the subsection 
below titled ``What corrections should I and my employer at my current 
job make to the Employment Eligibility Verification (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 what to do for the Form I-9.
    After July 22, 2013, when the automatic extension expires, your

[[Page 59947]]

employer must reverify your employment authorization. You may show any 
document from List A or List C on the Employment Eligibility 
Verification (Form I-9) to satisfy this reverification requirement. 
Your employer is required to reverify on the Employment Eligibility 
Verification (Form I-9) your continued employment authorization upon 
the July 22, 2013 expiration of your TPS-related EAD but may not 
specify which List A or List C document you must present. Employers 
reverify either in Section 3 of the Form I-9 originally completed or, 
if this section has already been completed or if the version of Form I-
9 is no longer valid, in Section 3 of a new Form I-9 using the most 
current version.

What happens after July 22, 2013 for purposes of employment 
authorization?

    After July 22, 2013, employers may no longer accept the EADs that 
this Federal Register notice automatically extended. However, before 
that time, USCIS will issue new EADs to TPS re-registrants. These new 
EADs will have an expiration date of July 22, 2014 and can be presented 
to your employer for completion of Employment Eligibility Verification 
(Form I-9). Alternatively, you may choose to present any other legally 
acceptable document or combination of documents listed on the 
Employment Eligibility Verification (Form I-9).

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

    When using an automatically extended EAD to fill out the Employment 
Eligibility Verification (Form I-9) for a new job prior to July 22, 
2013, 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 (USCIS number or A-number) in the first 
space (your EAD or other document from DHS will have your USCIS number 
or A-number printed on it; the USCIS Number is the same as your A-
number without the A prefix); and
    c. Write the automatic extension date (July 22, 2013) in the second 
space.
    (2) For Section 2, employers should record the:
    a. Document title;
    b. Document number; and
    c. Automatically extended EAD expiration date (July 22, 2013).
    After July 22, 2013, employers must reverify the employee's 
employment authorization in Section 3 of the Employment Eligibility 
Verification (Form I-9).

What corrections should my current employer and I make to the 
Employment Eligibility Verification (Form I-9) if my EAD has been 
automatically extended?

    If you are an existing employee who presented a TPS-related 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 Employment Eligibility Verification (Form I-9) as 
follows:
    (1) For Section 1, you should:
    a. Draw a line through the expiration date in the second space;
    b. Write ``July 22, 2013'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 1; and
    d. Initial and date the correction in the margin of Section 1.
    (2) For Section 2, employers should:
    a. Draw a line through the expiration date written in Section 2;
    b. Write ``July 22, 2013'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    After July 22, 2013, 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 Expiration'' 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 the Employment Eligibility Verification 
(Form I-9) to reverify an employee's employment authorization. For 
existing employees with TPS-related EADs that have been automatically 
extended, employers should dismiss this alert by clicking the red ``X'' 
in the ``dismiss alert'' column and follow the instructions above 
explaining how to correct the Employment Eligibility Verification (Form 
I-9). After July 22, 2013, employment authorization must be reverified 
in Section 3. Employers should never use E-Verify for reverification.

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

    No. When completing the Employment Eligibility Verification (Form 
I-9), including reverifying employment authorization, employers must 
accept any documentation that appears on the Employment Eligibility 
Verification (Form I-9) 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 Lists of the 
Acceptable Document for Form I-9. Therefore, employers may not request 
proof of Haitian citizenship when completing the Employment Eligibility 
Verification (Form I-9) for new hires or reverifying the employment 
authorization of current employees. 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 based on your citizenship or immigration 
status, or your national origin.

Note to All Employers

    Employers are reminded that the laws requiring proper 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 general questions about the employment eligibility 
verification process, employers may call the USCIS Form I-9 Customer 
Support at 1-888-464-4218 (TDD 877-875-6028 for hearing impaired). For 
questions about avoiding discrimination during the employment 
eligibility verification process, employers may also call the 
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Employer Hotline at 1-800-
255-8155 (TDD for the hearing impaired is at 1-800-237-2515), which 
offers language interpretation in numerous languages.

[[Page 59948]]

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call the USCIS National Customer Service Center 
at 1-800-375-5283; calls are accepted in English and Spanish. Employees 
or applicants may also call the OSC Worker Information Hotline at 1-
800-255-7688 (TDD for the hearing impaired is at 1-800-237-2515) for 
information regarding employment discrimination based upon citizenship 
or immigration status, or based on national origin, or for information 
regarding discrimination related to the Employment Eligibility 
Verification (Form I-9) and E-Verify. The OSC Worker Information 
Hotline provides language interpretation in numerous languages. In 
order to comply with the law, employers must accept any document or 
combination of documents acceptable for 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 
Employment Eligibility Verification (Form I-9) completion. Further, 
employers participating in E-verify who receive an E-verify initial 
mismatch (``tentative nonconfirmation'' or ``TNC'') on employees must 
inform employees of the mismatch and give such employees an opportunity 
to challenge the mismatch. Employers are prohibited from taking adverse 
action against such employees based on the initial mismatch unless and 
until E-Verify returns a final nonconfirmation. For example, employers 
must allow employees challenging their mismatches to continue to work 
without any delay in start date or training, and without any change in 
hours or pay, while the final E-Verify determination remains pending. 
Additional information is available on the OSC Web site at https://www.justice.gov/crt/about/osc and the USCIS Web site at https://www.dhs.gov/E-verify.

Note Regarding Federal, State and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    While federal government agencies must follow the guidelines laid 
out by the federal government, 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. Whether you are applying for a 
federal, state, or local government benefit, you may need to provide 
the 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 
Receipt Notice (Form I-797) for this re-registration;
    (4) A copy of your past or current Application for Temporary 
Protected Status Approval Notice (Form I-797), if you receive one from 
USCIS; and/or
    (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 government 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 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, 
the agency must offer you the opportunity to appeal the decision in 
accordance with the agency's procedures. If the agency has received and 
acted upon or will act upon a 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. 2012-23826 Filed 9-28-12; 8:45 am]
BILLING CODE 9111-97-P