Extension of the Designation of Honduras for Temporary Protected Status, 20123-20128 [2013-07673]
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Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Notices
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
U.S. Citizenship and Immigration
Services
[Internal Agency Docket No. FEMA–4086–
DR; Docket ID FEMA–2013–0001]
New Jersey; Amendment No. 8 to
Notice of a Major Disaster Declaration
Federal Emergency
Management Agency, DHS.
AGENCY:
ACTION:
Notice.
This notice amends the notice
of a major disaster declaration for State
of New Jersey (FEMA–4086–DR), dated
October 30, 2012, and related
determinations.
Effective Date: March 20, 2013.
FOR FURTHER INFORMATION CONTACT:
Dean Webster, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2833.
The
Federal Emergency Management Agency
(FEMA) hereby gives notice that
pursuant to the authority vested in the
Administrator, under Executive Order
12148, as amended, Gracia B. Szczech,
of FEMA is appointed to act as the
Federal Coordinating Officer for this
disaster.
This action terminates the
appointment of William L. Vogel as
Federal Coordinating Officer for this
disaster.
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SUPPLEMENTARY INFORMATION:
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households in Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2013–07697 Filed 4–2–13; 8:45 am]
BILLING CODE 9111–23–P
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RIN 1615–ZB18
Extension of the Designation of
Honduras for Temporary Protected
Status
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
AGENCY:
SUMMARY:
DATES:
[CIS No. 2528–12; DHS Docket No. USCIS–
2012–0016]
Jkt 229001
This Notice announces that
the Secretary of Homeland Security
(Secretary) is extending the designation
of Honduras for Temporary Protected
Status (TPS) for 18 months from July 6,
2013 through January 5, 2015.
The extension allows currently
eligible TPS beneficiaries to retain TPS
through January 5, 2015. The Secretary
has determined that an extension is
warranted because the conditions in
Honduras that prompted the TPS
designation continue to be met. There
continues to be a substantial, but
temporary, disruption of living
conditions in Honduras resulting from
Hurricane Mitch, and Honduras remains
unable, temporarily, to handle
adequately the return of its nationals.
This Notice also sets forth procedures
necessary for nationals of Honduras (or
aliens having no nationality who last
habitually resided in Honduras) to reregister 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
Honduras and whose applications have
been granted. Certain nationals of
Honduras (or aliens having no
nationality who last habitually resided
in Honduras) 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 December 30, 1998, and
continuous physical presence in the
United States since January 5, 1999).
For individuals who have already
been granted TPS under the Honduras
designation, the 60-day re-registration
period runs from April 3, 2013 through
June 3, 2013. USCIS will issue new
EADs with a January 5, 2015 expiration
SUMMARY:
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20123
date to eligible Honduran 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 July 5, 2013. Accordingly, this
Notice automatically extends the
validity of EADs issued under the TPS
designation of Honduras for 6 months,
from July 5, 2013 through January 5,
2014, and explains how TPS
beneficiaries and their employers may
determine which EADs are
automatically extended and their impact
on Employment Eligibility Verification
(Form I–9) and the E-Verify processes.
DATES: The 18-month extension of the
TPS designation of Honduras is effective
July 6, 2013, and will remain in effect
through January 5, 2015. The 60-day reregistration period runs from April 3,
2013 through June 3, 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 extension of Honduras for TPS by
selecting ‘‘TPS Designated Country:
Honduras’’ from the menu on the left of
the TPS Web page.
• You can also contact the TPS
Operations Program Manager at the
Family and Status Branch, Service
Center Operations Directorate, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 20
Massachusetts Avenue, NW.,
Washington, DC 20529–2060; or by
phone at (202) 272–1533 (this is not a
toll-free number). Note: The phone
number provided here is solely for
questions regarding this TPS notice. It is
not for individual case status updates.
• 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
800–375–5283 (TTY 800–767–1833).
Service is available in English and
Spanish.
• 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
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DOS—Department of State
EAD—Employment Authorization Document
Government—U.S. Government
IJ—Immigration Judge
INA—Immigration and Nationality Act
OSC—U.S. Department of Justice, Office of
Special Counsel for Immigration-Related
Unfair Employment Practices
SAVE—USCIS Systematic Alien Verification
for Entitlements Program
Secretary—Secretary of Homeland Security
TPS—Temporary Protected Status
UN—United Nations
USCIS—U.S. Citizenship and Immigration
Services
What is Temporary Protected Status
(TPS)?
• TPS is a temporary immigration
status granted to eligible nationals of a
country designated for TPS under the
Immigration and Nationality Act (INA),
or to eligible persons without
nationality who last habitually resided
in the designated country.
• During the TPS designation period,
TPS beneficiaries are eligible to remain
in the United States and may obtain
work authorization, so long as they
continue to meet the requirements of
TPS status.
• TPS beneficiaries also may 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, if any
(unless that status has since expired or
been terminated), or to any other
lawfully obtained immigration status
they received while registered for TPS.
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When was Honduras designated for
TPS?
On January 5, 1999, the Attorney
General designated Honduras for TPS
based on an environmental disaster
within that country, specifically the
devastation resulting from Hurricane
Mitch. See 64 FR 524; section
244(b)(1)(B) of the INA, 8 U.S.C.
1254a(b)(1)(B). The Secretary last
extended the designation of Honduras
for TPS on November 4, 2011 based on
her determination that the conditions
warranting the designation continued to
be met. See 76 FR 68488. This
announcement is the eleventh extension
of TPS for Honduras since the original
designation in 1999.
What authority does the Secretary of
Homeland Security have to extend the
designation of Honduras for TPS?
Section 244(b)(1) of the INA, 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate
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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).
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 Honduras for TPS
through January 5, 2015?
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in
Honduras. Based on this review and
after consulting with DOS, the Secretary
has determined that an 18-month
extension is warranted because the
disruption in living conditions in
affected areas of Honduras resulting
from the environmental disaster that
prompted the January 5, 1999
designation persist.
In October 1998, Hurricane Mitch
caused the loss of thousands of lives,
displacement of thousands more,
collapse of physical infrastructure, and
severe damage to the country’s
economic system. See also 64 FR 524
(Jan. 5, 1999) (Mitch ‘‘caus[ed] severe
flooding and associated damage in
Honduras’’). Despite some recovery, the
government and people of Honduras
continue to rely heavily on international
assistance, and recovery from Hurricane
Mitch is still incomplete.
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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Hurricane Mitch brought 250kilometer-per-hour winds and torrential
rains that damaged all eighteen of
Honduras’s departments. The storm
affected in some way nearly 1.5 million
people, killing approximately 5,600 and
injuring approximately 12,000, and
leaving thousands homeless. In northern
Honduras, 25 small villages were swept
away. It was estimated that 70 percent
of crops were destroyed. The medical
response was compromised given that
123 health centers and 23 out of the
country’s 28 hospitals were damaged. 20
to 25 percent of educational
establishments were also damaged.
Although the international community
quickly responded with reconstruction
and recovery efforts have been
implemented, the United Nations (UN)
Development Programme states that
Hurricane Mitch set Honduras back
economically and socially by more than
20 years.
There has been some recovery in
Honduras from the extensive damage
caused by Hurricane Mitch. However,
reconstruction efforts are still ongoing.
According to Honduras’s Social Fund
for Housing and local government
figures, Hurricane Mitch damaged or
destroyed approximately 85,000 homes;
however, the Honduran Secretary of
Health estimated nearly 149,000 homes
were damaged or destroyed. While
foreign aid has enabled the completion
of various housing projects, other
international aid destined for housing
projects remain ongoing. For example,
projects to address housing shortages
funded by a $30 million loan approved
by the Inter-American Development
Bank in 2006 remain in the
implementation phase. In addition,
despite expansion of electrical services
in Honduras, only half of the rural
population currently has access to
electricity.
Hurricane Mitch destroyed an
estimated 60 to 70 percent of road
infrastructure. While the road network
has been restored, transport
infrastructure remains basic and
vulnerable to further damage from
adverse climactic conditions. The World
Bank continues to fund road
improvement projects in Honduras,
including a May 2009 loan for road
rehabilitation and improvement. As of
January 2013, this project remains
active.
Landslides and floods caused by
Hurricane Mitch damaged both the
potable water distribution systems and
sewage treatment facilities in urban and
rural Honduras. This posed serious
health risks to the population. The
international community responded to
the situation with funds designated for
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water and sanitation projects. Although
there has been improvement, projects
are still ongoing. For example, a World
Bank project that began in June 2007 is
not scheduled to be completed until
December 2013. To date, water sources
continue to be threatened by
deforestation and erosion, and
Honduras’s largest source of fresh water
(the Lago de Yojoa) is heavily polluted.
Subsequent natural disasters have
plagued Honduras and exacerbated
conditions caused by Hurricane Mitch,
making it difficult to assess the status of
Hurricane Mitch-related reconstruction
projects. Since Hurricane Mitch, a series
of natural disasters (such as tropical
storms, other hurricanes, and
earthquakes) have plagued Honduras,
resulting in additional floods, damaged
infrastructure, and loss of life. Most
recently, Honduras suffered a drought in
June 2012, and both a tropical
depression and tropical storm in 2011.
These natural disasters have
compounded the initial devastation and
substantial disruption of living
conditions caused by Hurricane Mitch.
Honduras has endured severe,
continuing, and sustained damage to its
infrastructure and is considered one of
the poorest and most vulnerable
countries in the world. Accordingly, the
conditions caused by Hurricane Mitch
continue to exist.
Based upon this review and after
consultation with appropriate
Government agencies, the Secretary
finds that:
• The conditions that prompted the
January 5, 1999 designation of Honduras
for TPS continue to be met. See sections
244(b)(3)(A) and (C) of the INA, 8 U.S.C.
1254a(b)(3)(A) and (C).
• There continues to be a substantial,
but temporary, disruption in living
conditions in Honduras as a result of an
environmental disaster. See section
244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
• Honduras continues to be unable,
temporarily, to handle adequately the
return of its nationals (or aliens having
no nationality who last habitually
resided in Honduras). See section
244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
• The designation of Honduras for
TPS should be extended for an
additional 18-month period from July 6,
2013 through January 5, 2015. See
section 244(b)(3)(C) of the INA, 8 U.S.C.
1254a(b)(3)(C).
• There are approximately 64,000
current Honduras TPS beneficiaries who
are expected to be eligible to re-register
for TPS under the extension.
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Notice of Extension of the TPS
Designation of Honduras
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
designation of Honduras for TPS on
January 5, 1999, 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 Honduras
for 18 months from July 6, 2013 through
January 5, 2015.
Janet Napolitano,
Secretary.
Required Application Forms and
Application Fees to Register or Reregister for TPS
To register or re-register for TPS for
Honduras, an applicant must submit
each of the following two applications:
1. Application for Temporary
Protected Status (Form I–821).
• If you are filing an application for
late initial registration, you must pay
the fee for the Application for
Temporary Protected Status (Form I–
821). See 8 CFR 244.2(f)(2) and 244.6
and information on late initial filing on
the USCIS TPS Web page at https://
www.uscis.gov/tps.
• If you are filing an application for
re-registration, you do not need to pay
the fee for the Application for
Temporary Protected Status (Form I–
821). See 8 CFR 244.17.
and
2. Application for Employment
Authorization (Form I–765).
• If you are applying for late initial
registration and want an EAD, you must
pay the fee for Application for the
Employment Authorization (Form I–
765) only if you are age 14 through 65.
No fee for the Application for
Employment Authorization (Form I–
765) is required if you are under the age
of 14 or 66 and older and applying for
late initial registration.
• If you are applying for reregistration, you must pay the fee for the
Application for Employment
Authorization (Form I–765) only if you
want an EAD.
• You do not pay the fee for the
Application for Employment
Authorization (Form I–765) if you are
not requesting an EAD, regardless of
whether you are applying for late initial
registration or re-registration.
You must submit both completed
application forms together. If you are
unable to pay for the application and/
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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 the Application for Temporary
Protected Status (Form I–821), the
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.
Refiling 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 process the
applications and issue EADs promptly.
Filing early will also allow those
applicants who may receive denials of
their fee waiver requests to have time to
refile their applications before the reregistration deadline. If, however, an
applicant receives a denial of his or her
fee waiver request and is unable to refile
by the re-registration deadline, the
applicant may still refile his or her
application. This situation will be
reviewed under good cause for late reregistration. However, applicants are
urged to refile within 45 days of the date
on their USCIS fee waiver denial notice,
if at all possible. See section 244(c)(3)(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
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applicant may decide to wait to request
an EAD, and therefore not pay the
Application for Employment
Authorization (Form I–765) fee, until
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.
TABLE 1—MAILING ADDRESSES
If . . .
Mail to . . .
You are applying
through the U.S.
Postal Service.
You are using a nonU.S. Postal Service
delivery service.
USCIS, P.O. Box
6943, Chicago, IL
60680–6943.
USCIS, Attn: TPS
Honduras, 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 or are reregistering 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
TPSijgrant.vsc@uscis.dhs.gov with the
receipt number and state that you
submitted a re-registration and/or
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 the email
addresses on the USCIS TPS Web page
at https://www.uscis.gov/tps.
E-Filing
If you are re-registering for TPS
during the re-registration period and
you do not need to submit any
supporting documents or evidence, you
are eligible to file your applications
electronically. For more information on
e-filing, please visit the USCIS E-Filing
Reference Guide at the USCIS Web site
at https://www.uscis.gov.
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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 reregistrants at local offices.
Am I eligible to receive an automatic 6
month extension of my current EAD
from July 5, 2013 through January 5,
2014?
Provided that you currently have TPS
under the Honduras designation, this
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notice automatically extends your EAD
by 6 months if you:
• Are a national of Honduras (or an
alien having no nationality who last
habitually resided in Honduras);
• Received an EAD under the last
extension or re-designation of TPS for
Honduras; and
• Have an EAD with a marked
expiration date of July 5, 2013, bearing
the notation ‘‘A–12’’ or ‘‘C–19’’ on the
face of the card under ‘‘Category.’’
Although your EAD is automatically
extended through January 5, 2014 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). 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
July 5, 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 January 5, 2014 (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
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Register notice confirming the
automatic extension of employment
authorization through January 5, 2014.
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 July 5, 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 July 5, 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 to reverify your
employment authorization until January
5, 2014, the expiration date of the
automatic extension. 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 current
employer 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.
By January 5, 2014, the expiration
date of the automatic extension, your
employer must reverify your
employment authorization. You must
present any document from List A or
any document from List C on
Employment Eligibility Verification
(Form I–9) to reverify employment
authorization. Your employer is
required to reverify on Employment
Eligibility Verification (Form I–9) the
employment authorization of current
employees no later than the expiration
of a TPS-related EAD. Your employer
should use either Section 3 of the Form
I–9 originally completed for the
employee 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. Note that your
employer may not specify which List A
or List C document employees must
present.
E:\FR\FM\03APN1.SGM
03APN1
Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Notices
What happens after January 5, 2014 for
purposes of employment authorization?
After January 5, 2014, 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 reregistrants. These new EADs will have
an expiration date of January 5, 2015
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 January
5, 2014, 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 Anumber printed on it; the USCIS
Number is the same as your A-number
without the A prefix); and
c. Write the automatic extension date
(January 5, 2014) 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 (January 5, 2014).
No later than January 5, 2014,
employers must reverify the employee’s
employment authorization in Section 3
of the Employment Eligibility
Verification (Form I–9).
mstockstill on DSK4VPTVN1PROD with NOTICES
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:
VerDate Mar<15>2010
17:13 Apr 02, 2013
Jkt 229001
a. Draw a line through the expiration
date in the second space;
b. Write ‘‘January 5, 2014’’ 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 ‘‘January 5, 2014’’ 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.
By January 5, 2014, 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). By January 5, 2014,
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 Honduran
citizenship?
No. When completing Employment
Eligibility Verification (Form I–9),
including reverifying employment
authorization, employers must accept
any documentation that appears on the
‘‘Lists of Acceptable Documents’’ for
Employment Eligibility Verification
(Form I–9) 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 Acceptable Documents.’’
Therefore, employers may not request
proof of Honduran citizenship when
completing Employment Eligibility
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
20127
Verification (Form I–9) for new hires or
reverifying the employment
authorization of current employees. 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. 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 888–464–4218
(TDD for the hearing impaired is at 877–
875–6028). 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 800–255–8155 (TDD for the
hearing impaired is at 800–237–2515),
which offers language interpretation in
numerous languages.
Note to All Employees
For general questions about the
employment eligibility verification
process, employees may call the USCIS
National Customer Service Center at
800–375–5283 (TDD for the hearing
impaired is at 800–767–1833); calls are
accepted in English and Spanish.
Employees or applicants may also call
the OSC Worker Information Hotline at
800–255–7688 (TDD for the hearing
impaired is at 800–237–2515) for
information regarding employment
discrimination based upon citizenship,
immigration status, or national origin, or
for information regarding discrimination
related to 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
E:\FR\FM\03APN1.SGM
03APN1
20128
Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Notices
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
Note Regarding Federal, State, and
Local Government Agencies (Such as
Departments of Motor Vehicles)
17:13 Apr 02, 2013
Jkt 229001
[FR Doc. 2013–07673 Filed 4–2–13; 8:45 am]
BILLING CODE 9111–97–P
While Federal government agencies
must follow the guidelines laid out by
the Federal government, state and local
government agencies establish their own
rules and 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 reregistration;
(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
VerDate Mar<15>2010
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 https://
www.uscis.gov/save, then by choosing
‘‘How to Correct Your Records’’ from
the menu on the right.
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2529–12; DHS Docket No. USCIS–
2012–0015]
RIN 1615–ZB19
Extension of the Designation of
Nicaragua for Temporary Protected
Status
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
AGENCY:
This Notice announces that
the Secretary of Homeland Security
(Secretary) is extending the designation
of Nicaragua for Temporary Protected
Status (TPS) for 18 months from July 6,
2013 through January 5, 2015.
The extension allows currently
eligible TPS beneficiaries to retain TPS
through January 5, 2015. The Secretary
has determined that an extension is
warranted because the conditions in
Nicaragua that prompted the TPS
designation continue to be met. There
continues to be a substantial, but
temporary, disruption of living
conditions in Nicaragua resulting from
Hurricane Mitch, and Nicaragua
SUMMARY:
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
remains unable, temporarily, to handle
adequately the return of its nationals.
This Notice also sets forth procedures
necessary for nationals of Nicaragua (or
aliens having no nationality who last
habitually resided in Nicaragua) to reregister 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
Nicaragua and whose applications have
been granted. Certain nationals of
Nicaragua (or aliens having no
nationality who last habitually resided
in Nicaragua) who have not previously
applied for TPS may be eligible to apply
under the late initial registration
provisions, 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 December 30, 1998, and
continuous physical presence in the
United States since January 5, 1999).
For individuals who have already
been granted TPS under the Nicaragua
designation, the 60-day re-registration
period runs from April 3, 2013 through
June 3, 2013. USCIS will issue new
EADs with a January 5, 2015 expiration
date to eligible Nicaraguan TPS
beneficiaries who timely re-register and
apply for EADs under this extension.
Given the timeframes involved with
processing TPS re-registration
applications, the Department of
Homeland Security (DHS) recognizes
that all re-registrants may not receive
new EADs until after their current EADs
expire on July 5, 2013. Accordingly, this
Notice automatically extends the
validity of EADs issued under the TPS
designation of Nicaragua for 6 months,
from July 5, 2013 through January 5,
2014, and explains how TPS
beneficiaries and their employers may
determine which EADs are
automatically extended and their impact
on Employment Eligibility Verification
(Form I–9) and the E-Verify processes.
DATES: The 18-month extension of the
TPS designation of Nicaragua is
effective July 6, 2013, and will remain
in effect through January 5, 2015. The
60-day re-registration period runs from
April 3, 2013 through June 3, 2013.
FURTHER INFORMATION:
• For further information on TPS,
including guidance on the application
process and additional information on
eligibility, please visit the USCIS TPS
Web page at https://www.uscis.gov/tps.
You can find specific information about
this extension of Nicaragua for TPS by
selecting ‘‘TPS Designated Country:
E:\FR\FM\03APN1.SGM
03APN1
Agencies
[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Notices]
[Pages 20123-20128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07673]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2528-12; DHS Docket No. USCIS-2012-0016]
RIN 1615-ZB18
Extension of the Designation of Honduras for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces that the Secretary of Homeland Security
(Secretary) is extending the designation of Honduras for Temporary
Protected Status (TPS) for 18 months from July 6, 2013 through January
5, 2015.
The extension allows currently eligible TPS beneficiaries to retain
TPS through January 5, 2015. The Secretary has determined that an
extension is warranted because the conditions in Honduras that prompted
the TPS designation continue to be met. There continues to be a
substantial, but temporary, disruption of living conditions in Honduras
resulting from Hurricane Mitch, and Honduras remains unable,
temporarily, to handle adequately the return of its nationals.
This Notice also sets forth procedures necessary for nationals of
Honduras (or aliens having no nationality who last habitually resided
in Honduras) 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 Honduras
and whose applications have been granted. Certain nationals of Honduras
(or aliens having no nationality who last habitually resided in
Honduras) 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 December 30, 1998, and continuous physical presence in the
United States since January 5, 1999).
For individuals who have already been granted TPS under the
Honduras designation, the 60-day re-registration period runs from April
3, 2013 through June 3, 2013. USCIS will issue new EADs with a January
5, 2015 expiration date to eligible Honduran 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 July 5, 2013. Accordingly, this Notice automatically
extends the validity of EADs issued under the TPS designation of
Honduras for 6 months, from July 5, 2013 through January 5, 2014, and
explains how TPS beneficiaries and their employers may determine which
EADs are automatically extended and their impact on Employment
Eligibility Verification (Form I-9) and the E-Verify processes.
DATES: The 18-month extension of the TPS designation of Honduras is
effective July 6, 2013, and will remain in effect through January 5,
2015. The 60-day re-registration period runs from April 3, 2013 through
June 3, 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 extension of Honduras for TPS by
selecting ``TPS Designated Country: Honduras'' from the menu on the
left of the TPS Web page.
You can also contact the TPS Operations Program Manager at
the Family and Status Branch, Service Center Operations Directorate,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 20 Massachusetts Avenue, NW., Washington, DC 20529-2060; or
by phone at (202) 272-1533 (this is not a toll-free number). Note: The
phone number provided here is solely for questions regarding this TPS
notice. It is not for individual case status updates.
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 800-375-5283 (TTY 800-767-1833). Service is available
in English and Spanish.
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
[[Page 20124]]
DOS--Department of State
EAD--Employment Authorization Document
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
UN--United Nations
USCIS--U.S. Citizenship and Immigration Services
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA), or to eligible persons without nationality who
last habitually resided in the designated country.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States and may obtain work
authorization, so long as they continue to meet the requirements of TPS
status.
TPS beneficiaries also may 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, if any (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 Honduras designated for TPS?
On January 5, 1999, the Attorney General designated Honduras for
TPS based on an environmental disaster within that country,
specifically the devastation resulting from Hurricane Mitch. See 64 FR
524; section 244(b)(1)(B) of the INA, 8 U.S.C. 1254a(b)(1)(B). The
Secretary last extended the designation of Honduras for TPS on November
4, 2011 based on her determination that the conditions warranting the
designation continued to be met. See 76 FR 68488. This announcement is
the eleventh extension of TPS for Honduras since the original
designation in 1999.
What authority does the Secretary of Homeland Security have to extend
the designation of Honduras 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).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 Honduras for TPS
through January 5, 2015?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Honduras. Based on this review and
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the disruption in living
conditions in affected areas of Honduras resulting from the
environmental disaster that prompted the January 5, 1999 designation
persist.
In October 1998, Hurricane Mitch caused the loss of thousands of
lives, displacement of thousands more, collapse of physical
infrastructure, and severe damage to the country's economic system. See
also 64 FR 524 (Jan. 5, 1999) (Mitch ``caus[ed] severe flooding and
associated damage in Honduras''). Despite some recovery, the government
and people of Honduras continue to rely heavily on international
assistance, and recovery from Hurricane Mitch is still incomplete.
Hurricane Mitch brought 250-kilometer-per-hour winds and torrential
rains that damaged all eighteen of Honduras's departments. The storm
affected in some way nearly 1.5 million people, killing approximately
5,600 and injuring approximately 12,000, and leaving thousands
homeless. In northern Honduras, 25 small villages were swept away. It
was estimated that 70 percent of crops were destroyed. The medical
response was compromised given that 123 health centers and 23 out of
the country's 28 hospitals were damaged. 20 to 25 percent of
educational establishments were also damaged. Although the
international community quickly responded with reconstruction and
recovery efforts have been implemented, the United Nations (UN)
Development Programme states that Hurricane Mitch set Honduras back
economically and socially by more than 20 years.
There has been some recovery in Honduras from the extensive damage
caused by Hurricane Mitch. However, reconstruction efforts are still
ongoing. According to Honduras's Social Fund for Housing and local
government figures, Hurricane Mitch damaged or destroyed approximately
85,000 homes; however, the Honduran Secretary of Health estimated
nearly 149,000 homes were damaged or destroyed. While foreign aid has
enabled the completion of various housing projects, other international
aid destined for housing projects remain ongoing. For example, projects
to address housing shortages funded by a $30 million loan approved by
the Inter-American Development Bank in 2006 remain in the
implementation phase. In addition, despite expansion of electrical
services in Honduras, only half of the rural population currently has
access to electricity.
Hurricane Mitch destroyed an estimated 60 to 70 percent of road
infrastructure. While the road network has been restored, transport
infrastructure remains basic and vulnerable to further damage from
adverse climactic conditions. The World Bank continues to fund road
improvement projects in Honduras, including a May 2009 loan for road
rehabilitation and improvement. As of January 2013, this project
remains active.
Landslides and floods caused by Hurricane Mitch damaged both the
potable water distribution systems and sewage treatment facilities in
urban and rural Honduras. This posed serious health risks to the
population. The international community responded to the situation with
funds designated for
[[Page 20125]]
water and sanitation projects. Although there has been improvement,
projects are still ongoing. For example, a World Bank project that
began in June 2007 is not scheduled to be completed until December
2013. To date, water sources continue to be threatened by deforestation
and erosion, and Honduras's largest source of fresh water (the Lago de
Yojoa) is heavily polluted.
Subsequent natural disasters have plagued Honduras and exacerbated
conditions caused by Hurricane Mitch, making it difficult to assess the
status of Hurricane Mitch-related reconstruction projects. Since
Hurricane Mitch, a series of natural disasters (such as tropical
storms, other hurricanes, and earthquakes) have plagued Honduras,
resulting in additional floods, damaged infrastructure, and loss of
life. Most recently, Honduras suffered a drought in June 2012, and both
a tropical depression and tropical storm in 2011. These natural
disasters have compounded the initial devastation and substantial
disruption of living conditions caused by Hurricane Mitch. Honduras has
endured severe, continuing, and sustained damage to its infrastructure
and is considered one of the poorest and most vulnerable countries in
the world. Accordingly, the conditions caused by Hurricane Mitch
continue to exist.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the January 5, 1999
designation of Honduras for TPS continue to be met. See sections
244(b)(3)(A) and (C) of the INA, 8 U.S.C. 1254a(b)(3)(A) and (C).
There continues to be a substantial, but temporary,
disruption in living conditions in Honduras as a result of an
environmental disaster. See section 244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
Honduras continues to be unable, temporarily, to handle
adequately the return of its nationals (or aliens having no nationality
who last habitually resided in Honduras). See section 244(b)(1)(B) of
the Act, 8 U.S.C. 1254a(b)(1)(B).
The designation of Honduras for TPS should be extended for
an additional 18-month period from July 6, 2013 through January 5,
2015. See section 244(b)(3)(C) of the INA, 8 U.S.C. 1254a(b)(3)(C).
There are approximately 64,000 current Honduras TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
Notice of Extension of the TPS Designation of Honduras
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
designation of Honduras for TPS on January 5, 1999, 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 Honduras for 18 months from July 6, 2013 through January
5, 2015.
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees to Register or Re-
register for TPS
To register or re-register for TPS for Honduras, an applicant must
submit each of the following two applications:
1. Application for Temporary Protected Status (Form I-821).
If you are filing an application for late initial
registration, you must pay the fee for the Application for Temporary
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and
information on late initial filing on the USCIS TPS Web page at https://www.uscis.gov/tps.
If you are filing an application for re-registration, you
do not need to pay the fee for the Application for Temporary Protected
Status (Form I-821). See 8 CFR 244.17.
and
2. Application for Employment Authorization (Form I-765).
If you are applying for late initial registration and want
an EAD, you must pay the fee for Application for the Employment
Authorization (Form I-765) only if you are age 14 through 65. No fee
for the Application for Employment Authorization (Form I-765) is
required if you are under the age of 14 or 66 and older and applying
for late initial registration.
If you are applying for re-registration, you must pay the
fee for the Application for Employment Authorization (Form I-765) only
if you want an EAD.
You do not pay the fee for the Application for Employment
Authorization (Form I-765) if you are not requesting an EAD, regardless
of whether you are applying for late initial registration or re-
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 the Application for
Temporary Protected Status (Form I-821), the 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.
Refiling 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
process the applications and issue EADs promptly. Filing early will
also allow those applicants who may receive denials of their fee waiver
requests to have time to refile their applications before the re-
registration deadline. If, however, an applicant receives a denial of
his or her fee waiver request and is unable to refile by the re-
registration deadline, the applicant may still refile his or her
application. This situation will be reviewed under good cause for late
re-registration. However, applicants are urged to refile within 45 days
of the date on their USCIS fee waiver denial notice, if at all
possible. See section 244(c)(3)(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
[[Page 20126]]
applicant may decide to wait to request an EAD, and therefore not pay
the Application for Employment Authorization (Form I-765) fee, until
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.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S. Postal USCIS, P.O. Box 6943,
Service. Chicago, IL 60680-6943.
You are using a non-U.S. Postal Service USCIS, Attn: TPS Honduras,
delivery service. 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 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 TPSijgrant.vsc@uscis.dhs.gov with the receipt number and state that
you submitted a re-registration and/or 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 the email addresses on the USCIS TPS
Web page at https://www.uscis.gov/tps.
E-Filing
If you are re-registering for TPS during the re-registration period
and you do not need to submit any supporting documents or evidence, you
are eligible to file your applications electronically. For more
information on e-filing, please visit the USCIS E-Filing Reference
Guide at the USCIS Web site at https://www.uscis.gov.
Employment Authorization Document (EAD)
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.
Am I eligible to receive an automatic 6 month extension of my current
EAD from July 5, 2013 through January 5, 2014?
Provided that you currently have TPS under the Honduras
designation, this notice automatically extends your EAD by 6 months if
you:
Are a national of Honduras (or an alien having no
nationality who last habitually resided in Honduras);
Received an EAD under the last extension or re-designation
of TPS for Honduras; and
Have an EAD with a marked expiration date of July 5, 2013,
bearing the notation ``A-12'' or ``C-19'' on the face of the card under
``Category.''
Although your EAD is automatically extended through January 5, 2014
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). 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 July 5, 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 January 5, 2014 (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 January 5, 2014. 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 July 5, 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 July 5, 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 to reverify your
employment authorization until January 5, 2014, the expiration date of
the automatic extension. 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
current employer 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.
By January 5, 2014, the expiration date of the automatic extension,
your employer must reverify your employment authorization. You must
present any document from List A or any document from List C on
Employment Eligibility Verification (Form I-9) to reverify employment
authorization. Your employer is required to reverify on Employment
Eligibility Verification (Form I-9) the employment authorization of
current employees no later than the expiration of a TPS-related EAD.
Your employer should use either Section 3 of the Form I-9 originally
completed for the employee 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. Note that your
employer may not specify which List A or List C document employees must
present.
[[Page 20127]]
What happens after January 5, 2014 for purposes of employment
authorization?
After January 5, 2014, 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 January 5, 2015 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 January 5,
2014, 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 (January 5, 2014) 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 (January 5, 2014).
No later than January 5, 2014, 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 ``January 5, 2014'' 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 ``January 5, 2014'' 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.
By January 5, 2014, 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). By January 5, 2014, 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 Honduran citizenship?
No. When completing Employment Eligibility Verification (Form I-9),
including reverifying employment authorization, employers must accept
any documentation that appears on the ``Lists of Acceptable Documents''
for Employment Eligibility Verification (Form I-9) 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 Acceptable
Documents.'' Therefore, employers may not request proof of Honduran
citizenship when completing Employment Eligibility Verification (Form
I-9) for new hires or reverifying the employment authorization of
current employees. 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. 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 888-464-4218 (TDD for the hearing impaired is at 877-875-
6028). 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 800-255-
8155 (TDD for the hearing impaired is at 800-237-2515), which offers
language interpretation in numerous languages.
Note to All Employees
For general questions about the employment eligibility verification
process, employees may call the USCIS National Customer Service Center
at 800-375-5283 (TDD for the hearing impaired is at 800-767-1833);
calls are accepted in English and Spanish. Employees or applicants may
also call the OSC Worker Information Hotline at 800-255-7688 (TDD for
the hearing impaired is at 800-237-2515) for information regarding
employment discrimination based upon citizenship, immigration status,
or national origin, or for information regarding discrimination related
to 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
[[Page 20128]]
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
establish their own rules and 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 https://www.uscis.gov/save,
then by choosing ``How to Correct Your Records'' from the menu on the
right.
[FR Doc. 2013-07673 Filed 4-2-13; 8:45 am]
BILLING CODE 9111-97-P