Extension of the Designation of El Salvador for Temporary Protected Status, 32418-32424 [2013-12793]

Agencies

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

[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32418-32424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12793]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2533-13; DHS Docket No. USCIS-2007-0028]
RIN 1615-ZB20


Extension of the Designation of El Salvador for Temporary 
Protected Status

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of El Salvador for Temporary Protected Status 
(TPS) for 18 months from September 10, 2013 through March 9, 2015.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS through March 9, 2015 so long as they otherwise continue to meet 
the terms and conditions of TPS status. The Secretary has determined 
that an extension is warranted because the conditions in El Salvador 
that prompted the TPS designation continue to be met. There continues 
to be a substantial, but temporary, disruption of living conditions in 
El Salvador resulting from a series of earthquakes in 2001, and El 
Salvador remains unable, temporarily, to handle adequately the return 
of its nationals.
    Through this Notice, DHS also sets forth procedures necessary for 
nationals of El Salvador (or aliens having no nationality who last 
habitually resided in El Salvador) 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 El Salvador and whose applications have been granted. 
Certain nationals of El Salvador (or aliens having no nationality who 
last habitually resided in El Salvador) who have not previously applied 
for TPS may be eligible to apply under the late initial registration 
provisions, 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 February 13, 2001, and continuous 
physical presence in the United States since March 9, 2001).
    For individuals who have already been granted TPS under the El 
Salvador designation, the 60-day re-registration period runs from May 
30, 2013 through July 29, 2013. USCIS will issue new EADs with a March 
9, 2015 expiration date to eligible Salvadoran TPS beneficiaries who 
timely re-register and apply for EADs under this extension. Given the 
timeframes involved with processing TPS re-registration applications, 
DHS recognizes that not all re-registrants will receive new EADs before 
their current EADs expire on September 9, 2013. Accordingly, through 
this Notice, DHS automatically extends the validity of EADs issued 
under the TPS designation of El Salvador for 6 months, from September 
9, 2013 through March 9, 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 El Salvador is 
effective September 10, 2013, and will remain in effect through March 
9, 2015. The 60-day re-registration period runs from May 30, 2013 
through July 29, 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 El Salvador for TPS by selecting ``TPS Designated Country: 
El Salvador'' 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

[[Page 32419]]

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:

Table of Abbreviations

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
EU--European Union
Government--U.S. Government
IDB--Inter-American Development Bank
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
USAID--U.S. Agency for International Development
USCIS--U.S. Citizenship and Immigration Services
USD--U.S. dollars
WHO--World Health Organization

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 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 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, 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 El Salvador designated for TPS?

    On March 9, 2001, the Attorney General designated El Salvador for 
TPS based on an environmental disaster within that country, 
specifically the devastation resulting from a series of earthquakes 
that occurred in 2001. See 66 FR 14214, Mar. 9, 2001; section 
244(b)(1)(B) of the INA, 8 U.S.C. 1254a(b)(1)(B). The last extension of 
TPS for El Salvador was announced on January 11, 2012, based on the 
Secretary's determination that the conditions warranting the 
designation continued to be met. See 77 FR 1710, Jan. 11, 2012 
(correction 77 FR 2990, Jan. 20, 2012). This announcement is the ninth 
extension of TPS for El Salvador since the original designation in 
2001.

What authority does the Secretary of Homeland Security have to extend 
the designation of El Salvador 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 El Salvador for 
TPS through March 9, 2015?

    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in El Salvador. Based on this review and 
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because many of the adverse country 
conditions in El Salvador resulting from the environmental disaster 
that prompted the March 9, 2001 designation persist. As a result, the 
substantial, but temporary disruption of living conditions in the 
affected areas continue, and El Salvador remains temporarily unable to 
handle adequately the return of its nationals, hundreds of thousands of 
whom hold TPS but no other valid immigration status in the United 
States. See section 244(b)(1)(B) of the INA.
    Three severe earthquakes in January and February 2001 in El 
Salvador resulted in the loss of over 1,000 lives, approximately 8,000 
people injured, displacement of thousands more, extensive destruction 
of physical infrastructure, and severe damage to the country's economic 
system. See 66 FR 14214 (Mar. 9, 2001) (describing the devastation 
caused by the 2001 earthquakes). El Salvador's recovery is still 
incomplete, and significant damage remains to the country's 
infrastructure and public services in the affected areas.
    Based on estimates reported by the U.S. Agency for International 
Development (USAID), the earthquakes affected approximately 1.5 million 
people, and El Salvador suffered catastrophic damage and losses. 
Economic losses (which include housing, infrastructure, and 
agriculture) were reported to be as high as $2.8 billion USD, almost 15 
percent of El Salvador's gross domestic product at the time. In 
response to the devastation, the USAID, the Inter-American Development 
Bank (IDB), the World Bank, and the European Union (EU) initiated 
reconstruction throughout the country. Despite these programs, recovery 
in the affected areas of El Salvador has been slow and disrupted by 
subsequent natural disasters, including a recent 7.4 magnitude 
earthquake in 2012 and Tropical Depression 12E in October 2011. The 
Tropical Depression flooded approximately 10 percent of the country, 
caused $840 million USD in damage, displaced approximately 55,000 
people, and led to a declaration of state of emergency throughout El 
Salvador. These most recent environmental disasters have compounded the 
already substantial disruption to living conditions resulting from the 
2001 earthquakes.
    According to the government of El Salvador, the 2001 earthquakes 
damaged or destroyed over 276,000

[[Page 32420]]

housing units. Although the EU, Habitat for Humanity, and Cooperative 
Housing Foundation International have completed reconstruction and 
repair efforts, the Salvadoran government has previously estimated that 
only half of the homes that were destroyed have been rebuilt. 
Rebuilding efforts in the affected areas have also been hindered by 
Tropical Depression 12E.
    According to the Ministry of Education of El Salvador, as of July 
2004, over 2,300 schools destroyed in 2001 were rebuilt, but the 
remaining 270 schools damaged by the earthquakes required $21.7 million 
USD in financing to complete construction. The USAID Reconstruction 
Office also reported that the reconstruction of schools has been 
delayed at times due to the unavailability of funding.
    The 2001 earthquakes also severely damaged approximately 55 percent 
of the country's capacity to deliver health services. Although it has 
been over 10 years since the 2001 earthquakes and most medical services 
were restored by 2011, the current infrastructure and conditions in El 
Salvador severely complicate the country's ability to absorb the return 
of its nationals from the United States, approximately 212,000 of whom 
are TPS beneficiaries. Rebuilding efforts in the affected areas have 
been further complicated by more recent natural disasters, including 
Tropical Depression 12E that damaged 19 hospitals and 238 health 
facilities-more than two times the number reported damaged in 2001.
    The National Water Institution estimated that in the aftermath of 
the 2001 earthquakes, 40 to 50 percent of the Salvadoran population 
lacked access to potable water due to damage to the water and 
electrical systems. There are no accurate statistics on how many water 
and sanitation systems have been repaired since, but some studies show 
that the water treatment in urban areas has improved with four-fifths 
of the population gaining access to clean water. However, reports also 
convey that rural areas still need major improvements. According to the 
WHO and UN Children's Fund Joint Monitoring Program for Water Supply 
and Sanitation, in 2010 6 percent of urban dwellers and 24 percent of 
rural dwellers lacked access to water sources and the majority of 
households lacked continuous access to water. In terms of sewerage, 38 
percent of urban dwellers and 98 percent of rural dwellers lack 
adequate sewage treatment. Living conditions remain disrupted in the 
areas affected by the devastation caused by the 2001 earthquakes. Those 
areas continue to face serious economic and infrastructure challenges 
and public health concerns stemming from the 2001 earthquakes.
    The IDB approved a $44 million USD, 5-year, rural water and 
sanitation improvement program (which began in 2010 and is set to be 
completed in 2014). This program aims to improve living conditions 
through better water and sanitation services by building 85 water 
systems benefiting 6,000 households, and to increase water coverage to 
80 percent in El Salvador's 100 poorest towns.
    The 2001 earthquakes damaged some of El Salvador's main highways 
and made smaller roads impassable. Although the roads damaged in the 
earthquakes were repaired, they are still vulnerable to damage from 
natural disasters. Following the devastation experienced from the 2001 
earthquakes, more recent environmental disasters have caused 
substantial setbacks to road and infrastructure recovery and 
development. El Salvador's location on the so-called Ring of Fire (an 
arc of fault lines circling the Pacific Basin), makes it vulnerable to 
earthquakes, volcanic eruptions, and flooding. A series of natural 
disasters have plagued El Salvador since 2001 that have compounded the 
initial devastation resulting from the 2001 earthquakes. Accordingly, 
many of the adverse conditions caused by the 2001 earthquakes continue 
to exist in the affected areas.
    Although over a decade has passed, affected areas of El Salvador 
are still rebuilding from the devastating 2001 earthquakes. 
Reconstruction efforts have been further complicated by sluggish 
economic growth and by more recent natural disasters. This series of 
more recent natural disasters have compounded the initial devastation 
caused by the 2001 earthquakes, and El Salvador has endured severe, 
continuing, and sustained damage to its infrastructure. The UN 
Development Programme has classified El Salvador as among the most 
vulnerable countries in the world.
    Based on this review and after consultation with appropriate 
Government agencies, the Secretary finds that:
     The conditions that prompted the March 9, 2001 designation 
of El Salvador for TPS continue to be met. See 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 affected areas of El Salvador as a 
result of an environmental disaster. See section 244(b)(1)(B) of the 
Act, 8 U.S.C. 1254a(b)(1)(B).
     El Salvador continues to be unable, temporarily, to handle 
adequately the return of its nationals (or aliens having no nationality 
who last habitually resided in El Salvador). See section 244(b)(1)(B) 
of the Act, 8 U.S.C. 1254a(b)(1)(B).
     The designation of El Salvador for TPS should be extended 
for an additional 18-month period from September 10, 2013 through March 
9, 2015. See section 244(b)(3)(C) of the INA, 8 U.S.C. 1254a(b)(3)(C).
     There are approximately 212,000 current El Salvador TPS 
beneficiaries who are expected to be eligible to re-register for TPS 
under the extension.

Notice of Extension of the TPS Designation of El Salvador

    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 El Salvador for TPS on March 9, 2001, 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 El Salvador for 18 months from September 10, 2013 
through March 9, 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 El Salvador, 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 the Application for Employment 
Authorization (Form I-765) only if you are age 14 through 65. No fee 
for the Application for Employment Authorization (Form I-

[[Page 32421]]

765) is required if you are under the age of 14 or are 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 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 to determine whether the 
applicant has established 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 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 . . .
------------------------------------------------------------------------
Applying for re-registration and live    U.S. Postal Service:
 in the following states:                U.S. Citizenship and
Connecticut, Delaware, Florida,           Immigration Services, Attn:
 Georgia, Illinois, Indiana, Kentucky,    TPS El Salvador, P.O. Box
 Maine, Maryland, Massachusetts,          8635, Chicago, IL 60680-8635.
 Michigan, New Hampshire, New Jersey,    Non-U.S. Postal Delivery
 North Carolina, Ohio, Pennsylvania,      Service:
 Rhode Island, South Carolina, Vermont,  U.S. Citizenship and
 Virginia, Washington, DC, West           Immigration Services, Attn:
 Virginia.                                TPS El Salvador, 131 S.
                                          Dearborn--3rd Floor Chicago,
                                          IL 60603-5517.
Applying for re-registration and live    U.S. Postal Service:
 in the following states/territories:    U.S. Citizenship and
Alabama, Alaska, American Samoa,          Immigration Services, Attn:
 Arkansas, Colorado, Guam, Hawaii,        TPS El Salvador, P.O. Box
 Idaho, Iowa, Kansas, Louisiana;          660864, Dallas, TX 75266.
 Minnesota, Mississippi, Missouri,       Non-U.S. Postal Delivery
 Montana, Nebraska, New Mexico, New       Service:
 York, North Dakota, Northern Mariana    U.S. Citizenship and
 Islands, Oklahoma, Puerto Rico, South    Immigration Services, Attn:
 Dakota, Tennessee, Texas, Utah, Virgin   TPS El Salvador, 2501 S. State
 Islands, Wisconsin, Wyoming.             Highway, 121 Business Suite
                                          400, Lewisville, TX 75067.
Applying for re-registration and live    U.S. Postal Service:
 in the following states:                U.S. Citizenship and
Arizona, California, Nevada, Oregon,      Immigration Services, Attn:
 Washington.                              TPS El Salvador, P.O. Box
                                          21800, Phoenix, AZ 85036.
                                         Non-U.S. Postal Delivery
                                          Service:
                                         U.S. Citizenship and
                                          Immigration Services, Attn:
                                          TPS El Salvador, 1820 E.
                                          Skyharbor Circle S, Suite 100,
                                          Phoenix, AZ 85034.
Applying for the first time as a late    U.S. Postal Service:
 initial registration (all states/       U.S. Citizenship and
 territories).                            Immigration Services, Attn:
                                          TPS El Salvador, P.O. Box
                                          8635, Chicago, IL 60680-8635.
                                         Non-U.S. Postal Delivery
                                          Service:
                                         U.S. Citizenship and
                                          Immigration Services, Attn:
                                          TPS El Salvador, 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

[[Page 32422]]

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 September 9, 2013 through March 9, 2014?

    Provided that you currently have TPS under the El Salvador 
designation, this notice automatically extends your EAD by 6 months if 
you:
     Are a national of El Salvador (or an alien having no 
nationality who last habitually resided in El Salvador);
     Received an EAD under the last extension or re-designation 
of TPS for El Salvador; and
     Have an EAD with a marked expiration date of September 9, 
2013, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category.''
    Although your EAD is automatically extended through March 9, 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 September 9, 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 March 9, 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 March 9, 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 September 9, 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 September 9, 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 March 9, 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 March 9, 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, complete 
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.

Can my employer require that I produce any other documentation to prove 
my status, such as proof of my Salvadoran 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 Salvadoran 
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 or that have been automatically extended, 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.

[[Page 32423]]

What happens after March 9, 2014 for purposes of employment 
authorization?

    After March 9, 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 eligible TPS re-registrants who 
request them. These new EADs will have an expiration date of March 9, 
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 March 9, 
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 (March 9, 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 (March 9, 2014).
    No later than March 9, 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 ``March 9, 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 ``March 9, 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 March 9, 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 March 9, 2014, employment authorization must be reverified in 
Section 3. Employers should never use E-Verify for reverification.

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 U.S. 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. 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 
promptly 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 about proper 
nondiscriminatory I-9 and E-Verify procedures 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.

[[Page 32424]]

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 not expired;
    (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 received 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. 2013-12793 Filed 5-29-13; 8:45 am]
BILLING CODE 9111-97-P