Extension of the Designation of Haiti for Temporary Protected Status, 11808-11814 [2014-04593]
Download as PDF
<![CDATA[
11808
Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices
recommendations presented in the
subcommittees’ reports, and formulate
recommendations for the Department’s
consideration.
The Committee is scheduled to
receive the following briefs:
(1) National Plan for Safety and
Security of Especially Hazardous Cargo.
(2) U.S. Army Corps of Engineers
Galveston District Set-back Standard
Operating Procedures.
(3) Carriage of Shale Gas Extraction
Wastewater in Bulk.
A copy of each draft report,
presentation and the final agenda will
be available at https://
homeport.uscg.mil/tsac.
An opportunity for oral comments by
the public will be provided during the
meeting on March 20, 2014. Speakers
are requested to limit their comments to
3 minutes. Please note that the public
oral comment period may end before the
end of the stated meeting times if the
Committee has finished its business.
Please contact Lieutenant Commander
William A. Nabach, listed in the FOR
FURTHER INFFORMATION CONTACT section
to register as a speaker.
Minutes
Minutes from the meeting will be
available for public review and copying
within 90 days following the close of
the meeting and can be accessed from
the Coast Guard Homeport Web site
https://homeport.uscg.mil/tsac.
Notice of Future 2014 TSAC Meetings
To receive automatic email notices of
future TSAC meetings in 2014, go to the
online docket, USCG–2013–1065
(https://www.regulations.gov/
#!docketDetail;D=USCG-2013-1065),
and select the sign-up-for-email-alerts
option. We plan to use the same docket
number for all TSAC meeting notices in
2014, so when the next meeting notice
is published you will receive an email
alert from www.regulations.gov when
the notice appears in this docket.
mstockstill on DSK4VPTVN1PROD with NOTICES
Dated: February 25, 2014.
J.G. Lantz,
Director of Commercial Regulations and
Standards.
[FR Doc. 2014–04561 Filed 2–28–14; 8:45 am]
BILLING CODE 9110–04–P
VerDate Mar<15>2010
19:40 Feb 28, 2014
Jkt 232001
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2539–13; DHS Docket No. USCIS–
2014–0001]
RIN 1615–ZB25
Extension of the Designation of Haiti
for Temporary Protected Status
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
AGENCY:
SUMMARY: Through this Notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
extending the designation of Haiti for
Temporary Protected Status (TPS) for 18
months from July 23, 2014 through
January 22, 2016.
The extension allows currently
eligible TPS beneficiaries to retain TPS
through January 22, 2016, so long as
they otherwise continue to meet the
eligibility requirements for TPS. The
Secretary has determined that an
extension is warranted because the
conditions in Haiti that prompted the
TPS designation continue to be met.
There continues to be a substantial, but
temporary, disruption of living
conditions in Haiti based upon
extraordinary and temporary conditions
in that country that prevent Haitians
who have TPS from safely returning.
Through this Notice, DHS also sets
forth procedures necessary for nationals
of Haiti (or aliens having no nationality
who last habitually resided in Haiti) to
re-register for TPS and to apply for
renewal of their Employment
Authorization Documents (EADs) with
U.S. Citizenship and Immigration
Services (USCIS). Re-registration is
limited to persons who have previously
registered for TPS under the designation
of Haiti and whose applications have
been granted. Certain nationals of Haiti
(or aliens having no nationality who last
habitually resided in Haiti) who have
not previously applied for TPS may be
eligible to apply under the late initial
registration provisions, if they meet: (1)
At least one of the late initial filing
criteria; and, (2) all TPS eligibility
criteria (including continuous residence
in the United States since January 12,
2011, and continuous physical presence
in the United States since July 23, 2011).
For individuals who have already
been granted TPS under the Haiti
designation, the 60-day re-registration
period runs from March 3, 2014 through
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
May 2, 2014. USCIS will issue new
EADs with a January 22, 2016 expiration
date to eligible Haiti 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 July 22, 2014.
Accordingly, through this Notice, DHS
automatically extends the validity of
EADs issued under the TPS designation
of Haiti for 6 months, from July 22, 2014
through January 22, 2015, 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 Haiti is effective July
23, 2014, and will remain in effect
through January 22, 2016. The 60-day
re-registration period runs from March
3, 2014 through May 2, 2014.
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 Haiti for TPS by
selecting ‘‘TPS Designated Country:
Haiti’’ 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
inquires.
• 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:
Table of Abbreviations
BIA—Board of Immigration Appeals
E:\FR\FM\03MRN1.SGM
03MRN1
Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices
DHS—Department of Homeland Security
DOS—Department of State
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
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
TNC—Tentative Nonconfirmation
TPS—Temporary Protected Status
TTY—Text Telephone
UN—United Nations
USCIS—U.S. Citizenship and Immigration
Services
mstockstill on DSK4VPTVN1PROD with NOTICES
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, may not be
removed, and may obtain work
authorization, so long as they continue
to meet the requirements of TPS.
• TPS beneficiaries may also be
granted travel authorization as a matter
of discretion.
• The granting of TPS does not result
in or 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 Haiti designated for TPS?
On January 21, 2010, the Secretary
designated Haiti for TPS based on
extraordinary and temporary conditions
within the country, specifically the
effects of the 7.0-magnitude earthquake
that occurred on January 12, 2010. See
Designation of Haiti for Temporary
Protected Status, 75 FR 3476 (Jan. 21,
2010). In 2011, the Secretary both
extended Haiti’s designation and
redesignated Haiti for TPS for 18
months through January 22, 2013. See
Extension and Redesignation of Haiti for
Temporary Protected Status, 76 FR
29000 (May 19, 2011). The Secretary last
extended Haiti’s TPS designation in
2012. Through a notice published in the
Federal Register on October 1, 2012, the
Secretary extended Haiti’s designation
for TPS for 18 months, through July 22,
2014, because the conditions warranting
VerDate Mar<15>2010
19:40 Feb 28, 2014
Jkt 232001
the 2011 redesignation continued to be
met. See Extension of the Designation of
Haiti for Temporary Protected Status, 77
FR 59943 (Oct. 1, 2012). This
announcement is the third extension of
TPS for Haiti since the original
designation in January 2010 and the
second extension of TPS for Haiti since
the 2011 redesignation.
What authority does the Secretary of
Homeland Security have to extend the
designation of Haiti for TPS?
Section 244(b)(1) of the INA, 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate
Government agencies, to designate a
foreign state (or part thereof) for TPS.1
The Secretary may then grant TPS to
eligible nationals of that foreign state (or
aliens having no nationality who last
habitually resided in that state). See INA
section 244(a)(1)(A), 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 INA section
244(b)(3)(A), 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 INA section 244(b)(3)(C), 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 INA
section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B).
Why is the Secretary extending the TPS
designation for Haiti through January
22, 2016?
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in Haiti.
Based on this review and after
consulting with DOS, the Secretary has
determined that an 18-month extension
is warranted because the extraordinary
and temporary conditions that
prompted the July 2011 extension and
redesignation continue to exist.
1 As of March 1, 2003, in accordance with section
1517 of title XV of the Homeland Security Act of
2002, 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 DHS ‘‘shall be deemed to
refer to the Secretary’’ of Homeland Security. See
6 U.S.C. 557 (codifying the Homeland Security Act
of 2002, tit. XV, section 1517).
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
11809
While the Government of Haiti has
made considerable progress in
improving security and quality of life of
its citizens following the January 2010
earthquake, Haiti continues to lack the
adequate infrastructure, employment
and educational opportunities, and
basic services to absorb the
approximately 58,000 Haitian nationals
living in the United States under TPS.
The January 12, 2010 earthquake that
struck Haiti caused extensive damage to
infrastructure, public health,
agriculture, transportation, and
educational facilities. A coordinated
international effort and strong
partnership with the Haitian people
resulted in emergency response
activities that saved lives and laid a
foundation for Haiti to rebuild.
However, many of the conditions
prompting the 2011 extension and
redesignation, continue to persist.
Haitian government estimates of the
death toll caused by the earthquake
have ranged from 230,000 to 316,000
people, though the accuracy of differing
estimates is in dispute. The U.S. Agency
for International Development reported
that approximately 1.5 million people
were initially displaced to temporary
camps. Destruction from the earthquake
rose to catastrophic levels due to Haiti’s
already weak infrastructure, as the
government struggled to provide
minimum basic services prior to the
earthquake. Rubble severely impeded
recovery efforts, yet most of the 11
million cubic meters of debris has been
removed, making Port-au-Prince’s roads
passable.
The January 2010 earthquake had an
immediate impact on governance and
the rule of law, killing more than 16,000
of Haiti’s civil service members and
destroying key infrastructure, including
the National Palace, the Parliament, 28
of 29 government ministry buildings,
the headquarters of the Haitian National
Police, many courts, and several
correctional facilities. The most serious
impediments to human rights in Haiti
are weak governance; inadequate
respect for the rule of law, a deficient
judicial system; and a high prevalence
of corruption in various branches of
government. Establishing a timetable for
long-delayed partial senatorial,
municipal, and local elections has
generated considerable ongoing political
friction since 2011. While finally
resolved, Haiti faces another round of
elections in 2014.
Since the January 2010 earthquake,
Haiti’s population has faced increased
risks to its security and fundamental
human rights. Those displaced to
camps, as well as those living in
marginalized communities, have been
E:\FR\FM\03MRN1.SGM
03MRN1
mstockstill on DSK4VPTVN1PROD with NOTICES
11810
Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices
subjected to a high risk of crime, genderbased violence, and exploitation. The
earthquake also exacerbated pre-existing
vulnerabilities, including gender-based
violence, trafficking, sexual
exploitation, child labor, domestic
violence, and recruitment into crime or
violence. The Pan American Health
Organization indicated that
kidnappings, death threats, murders,
armed robberies, home break-ins, and
carjacking continue to occur in large
urban centers of Haiti, though it notes
that statistics are not readily available.
The humanitarian community estimates
that over 16,000 households have been
affected by forced evictions, including
violent evictions by police officers. On
October 10, 2013, the UN Security
Council voted unanimously to extend
the UN peacekeeping mission in Haiti
until mid-October 2014 so that it can
further contribute to the country’s
stability and development.
The earthquake devastated much of
Haiti’s health infrastructure and
exacerbated the already poor state of
health care in the country where 40
percent of the Haitian population had
no access to basic health services.
Steady rains in October 2010 led to
flooding, which contributed to poor
camp conditions and a deadly cholera
outbreak. According to the Haitian
Ministry of Health and Population, there
have been 693,875 cumulative cholera
cases and 8,482 deaths as of November
30, 2013. Since the onset of the 2013
rainy season in April, Haiti experienced
a rise in new cholera infections.
Available resources for the cholera
response, including funding and staff,
have been in steady decline since 2012.
The January 2010 earthquake was a
major setback to the economy and
aggravated an already precarious social
situation. The earthquake inflicted $7.8
billion in damage and caused the
country’s GDP to contract 5.4 percent in
2010. In 2011, the Haitian economy
began to slowly recover from the effects
of the earthquake, however, Tropical
Storm Isaac and Hurricane Sandy
adversely affected the economic
recovery in 2012. Haiti’s ability to
attract investment is impeded, partly
because of weak infrastructure such as
access to electricity. Estimates indicate
that unemployment in Haiti was as high
as 80 percent before the earthquake, and
though it has decreased, it remained at
approximately 40 percent as of July
2013. More than 78 percent live on less
than $2 per day and over 50 percent live
on less than $1 per day. In rural areas,
88 percent of individuals live below the
poverty line and basic services are
practically nonexistent.
VerDate Mar<15>2010
19:40 Feb 28, 2014
Jkt 232001
Following the January 2010
earthquake, approximately 1.5 million
Haitians were left homeless and living
in temporary camps. According to the
International Organization for Migration
as of September 2013, approximately
172,000 individuals still remained in
temporary camps. It is estimated that
there will be approximately 100,000
persons in these camps by the end of
2013/early 2014.
According to the World Bank, 964
schools were greatly damaged by the
earthquake, affecting more than 200,000
children. Since then, many schools have
been reconstructed, with the
government and donors agreeing to pay
school fees for a total of 1,130,000
children for the 2012/2013 school year.
Based upon this review and after
consultation with appropriate
Government agencies, the Secretary
finds that:
• The conditions that prompted the
2011 redesignation of Haiti for TPS
continue to be met. See INA section
244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
• There continue to be extraordinary
and temporary conditions in Haiti that
prevent Haitian nationals from returning
to Haiti in safety. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
• It is not contrary to the national
interest of the United States to permit
Haitians (and persons who have no
nationality who last habitually resided
in Haiti) who meet the eligibility
requirements of TPS to remain in the
United States temporarily. See INA
section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).
• The designation of Haiti for TPS
should be extended for an additional 18month period from July 23, 2014
through January 22, 2016. See INA
section 244(b)(3)(C), 8 U.S.C.
1254a(b)(3)(C).
• There are approximately 51,000
current Haiti TPS beneficiaries who are
expected to file for re-registration and
may be eligible to retain their TPS under
the extension.
Notice of Extension of the TPS
Designation of Haiti
By the authority vested in me as
Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after
consultation with the appropriate
Government agencies, that the
conditions that prompted the
redesignation of Haiti for TPS in 2011
continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On
the basis of this determination, I am
extending the existing TPS designation
of Haiti for 18 months from July 23,
2014 through January 22, 2016. See INA
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
section 244(b)(1)(C) and (b)(2), 8 U.S.C.
1254a(b)(1)(C) and (b)(2).
Jeh Charles Johnson,
Secretary.
Required Application Forms and
Application Fees to Register or Reregister for TPS
To register or re-register for TPS for
Haiti, an applicant must submit each of
the following two applications:
1. Application for Temporary Protected
Status (Form I–821).
• 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–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 reregistration, you must pay the fee
for the Application for Employment
Authorization (Form I–765) only if
you want an EAD, regardless of age.
• 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 for
Employment Authorization (Form I–
765) 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
E:\FR\FM\03MRN1.SGM
03MRN1
Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices
Authorization (Form I–765), and
biometric services are also described in
8 CFR 103.7(b)(1)(i).
Re-filing a Re-registration TPS
Application After Receiving a Denial of
a Fee Waiver Request
Biometric Services Fee
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 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 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
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.
11811
date on their USCIS fee waiver denial
notice, if at all possible. See INA section
244(c)(3)(C); 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 . . .
You live in the State of Florida .................................................................
U.S. Postal Service:
U.S. Citizenship and Immigration Services
Attn: Haiti TPS
P.O. Box 4464
Chicago, IL 60680–4464
Non-US Postal Delivery Service:
U.S. Citizenship and Immigration Services
Attn: Haiti TPS
131 S. Dearborn—3rd Floor
Chicago, IL 60603–5517
U.S. Postal Service:
U.S. Citizenship and Immigration Services
Attn: Haiti TPS
P.O. Box 660167
Dallas, TX 75266–0167
Non-U.S. Postal Delivery Service:
U.S. Citizenship and Immigration Services
Attn: Haiti TPS
2501 S. State Highway, 121 Business Suite 400
Lewisville, TX 75067
You live in the State of New York ............................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
You live in any other state .......................................................................
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 an IJ or the BIA, please
mail your application to the appropriate
address in Table 1. Upon receiving a
Notice of Action (Form I–797) from
USCIS, please send an email to the
VerDate Mar<15>2010
19:40 Feb 28, 2014
Jkt 232001
U.S. Postal Service:
U.S. Citizenship and Immigration Services
Attn: Haiti TPS
P.O. Box 24047
Phoenix, AZ 85074–4047
Non-U.S. Postal Delivery Service:
U.S. Citizenship and Immigration Services
Attn: Haiti TPS
1820 E. Skyharbor Circle S, Suite 100
Phoenix, AZ 85034
appropriate USCIS Service Center
handling your application providing the
receipt number and stating that you
submitted a re-registration and/or
request for an EAD based on an IJ/BIA
grant of TPS. If your USCIS receipt
number begins with the letters ‘‘LIN,’’
please email the Nebraska Service
Center at TPSijgrant.nsc@uscis.dhs.gov.
If your USCIS receipt number begins
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
with the letters ‘‘WAC,’’ please email
the California Service Center at
TPSijgrant.csc@uscis.dhs.gov. You can
find detailed information on what
further information you need to email
and the email addresses on the USCIS
TPS Web page at https://www.uscis.gov/
tps.
E:\FR\FM\03MRN1.SGM
03MRN1
11812
Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices
E-Filing
You cannot electronically file your
application when re-registering or
submitting a late initial registration for
Haiti TPS. Please mail your application
to the mailing address listed in Table 1.
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
Am I eligible to receive an automatic 6month extension of my current EAD
from July 22, 2014 through January 22,
2015?
Provided that you currently have TPS
under the Haiti designation, this
notice automatically extends your
EAD by 6 months if you:
• Are a national of Haiti (or an alien
having no nationality who last
habitually resided in Haiti);
• Received an EAD under the last
extension or redesignation of TPS for
Haiti; and
• Have an EAD with a marked
expiration date of July 22, 2014,
bearing the notation ‘‘A–12’’ or ‘‘C–
19’’ on the face of the card under
‘‘Category.’’
Although this Notice automatically
extends your EAD through January 22,
2015, 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
VerDate Mar<15>2010
19:40 Feb 28, 2014
Jkt 232001
authorization). You may present an
acceptable receipt for List A, List B, or
List C documents as described in the
Form I–9 Instructions. An EAD is an
acceptable document under ‘‘List A.’’
Employers may not reject a document
based on a future expiration date.
If your EAD has an expiration date of
July 22, 2014, 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 22, 2015
(see the subsection 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 22, 2015. As an
alternative to presenting your
automatically extended EAD, you may
choose to present any other acceptable
document from List A, or a combination
of one selection from List B and one
selection from 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 22, 2014, that state ‘‘A–12’’
or ‘‘C–19’’ under ‘‘Category’’ have been
automatically extended for 6 months by
this Federal Register Notice, your
employer will need to ask you about
your continued employment
authorization once July 22, 2014 is
reached 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 22, 2015, 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 Employment
Eligibility Verification (Form I–9) (see
the subsection titled ‘‘What corrections
should I and my current employer make
to 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 explain what to do for
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
Employment Eligibility Verification
(Form I–9).
By January 22, 2015, the expiration
date of the automatic extension, your
employer must reverify your
employment authorization. At that time,
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, or an acceptable List A or
List C receipt described in the Form I–
9 Instructions. Your employer should
complete either Section 3 of the
Employment Eligibility Verification
(Form I–9) originally completed for the
employee or, if this Section has already
been completed or if the version of
Employment Eligibility Verification
(Form I–9) is no longer valid, complete
Section 3 of a new Employment
Eligibility Verification (Form I–9) using
the most current version. Your employer
should use either Section 3 of the
Employment Eligibility Verification
(Form I–9) originally completed for the
employee or, if this Section has already
been completed or if the version of
Employment Eligibility Verification
(Form I–9) is no longer valid, complete
Section 3 of a new Employment
Eligibility Verification (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, and cannot reject an acceptable
receipt.
Can my employer require that I produce
any other documentation to prove my
status, such as proof of my Haitian
citizenship?
No. When completing Employment
Eligibility Verification (Form I–9),
including re-verifying 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 or
an acceptable List A, List B, or List C
receipt. Employers may not request
documentation that does not appear on
the ‘‘Lists of Acceptable Documents.’’
Therefore, employers may not request
proof of Haitian 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 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. Refer to the Note
to Employees section of this Notice for
important information about your rights
E:\FR\FM\03MRN1.SGM
03MRN1
Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
What happens after January 22, 2015 for
purposes of employment authorization?
After January 22, 2015, employers
may no longer accept the EADs that this
Federal Register Notice automatically
extended. Before that time, however,
USCIS will issue new EADs to eligible
TPS re-registrants who request them.
These new EADs will have an
expiration date of January 22, 2016 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 my employer and I complete
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 complete Employment
Eligibility Verification (Form I–9) for a
new job prior to January 22, 2015, 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 automatically extended
EAD expiration date (January 22,
2015) 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 22, 2015).
No later than January 22, 2015,
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 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
VerDate Mar<15>2010
19:40 Feb 28, 2014
Jkt 232001
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 22, 2015’’ 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 22, 2015’’ 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 22, 2015, 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 22, 2015,
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 re-
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
11813
verification requirements. For general
questions about the employment
eligibility verification process,
employers may call USCIS at 888–464–
4218 (TTY 877–875–6028) or email
USCIS at I–9Central@dhs.gov. Calls and
emails are accepted in English and
many other languages. 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
(TTY for the hearing impaired is at 800–
237–2515), which offers language
interpretation in numerous languages,
or email OSC at osccrt@usdoj.gov.
Note to Employees
For general questions about the
employment eligibility verification
process, employees may call USCIS at
888–897–7781 (TTY 877–875–6028) or
email at I–9Central@dhs.gov. Calls are
accepted in English, Spanish and many
other languages. Employees or
applicants may also call the U.S.
Department of Justice, Office of Special
Counsel for Immigration-Related Unfair
Employment Practices (OSC) Worker
Information Hotline at 800–255–7688
(TTY 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 from the List
of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt described in the Employment
Eligibility Verification (Form I–9)
Instructions. 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 case result of
‘‘Tentative Nonconfirmation’’ (TNC)
must promptly inform employees of the
TNC and give such employees an
opportunity to contest the TNC. A TNC
case result means that the information
entered into E-Verify from Employment
Eligibility Verification (Form I–9) differs
from the Social Security
Administration, DHS, or DOS records.
E:\FR\FM\03MRN1.SGM
03MRN1
11814
Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices
Note Regarding Federal, State, and
Local Government Agencies (Such as
Departments of Motor Vehicles)
mstockstill on DSK4VPTVN1PROD with NOTICES
Employers may not terminate, suspend,
delay training, withhold pay, lower pay
or take any adverse action against an
employee based on the employee’s
decision to contest a TNC or because the
case is still pending with E-Verify. A
Final Nonconfirmation (FNC) case result
is received when E-Verify cannot verify
an employee’s employment eligibility.
An employer may terminate
employment based on a case result of
FNC. Work-authorized employees who
receive an FNC may call USCIS for
assistance at 888–897–7781 (TTY 877–
875–6028). An employer that
discriminates against an employee in
the E-Verify process based on
citizenship or immigration status, or
based on national origin, may contact
OSC’s Worker Information Hotline at
800–255–7688 (TTY for the hearing
impaired is at 800–237–2515).
Additional information about proper
nondiscriminatory Employment
Eligibility Verification (Form I–9) and EVerify 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.
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 Federal
Register 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. 2014–04593 Filed 2–28–14; 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 unexpired 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 Notice
of Action (Form I–797) for this reregistration;
(4) A copy of your past or current
Application for Temporary
Protected Status Notice of Action
(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
VerDate Mar<15>2010
19:40 Feb 28, 2014
Jkt 232001
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Agency Information Collection
Activities: Haitian Hemispheric
Opportunity Through Partnership
Encouragement Act of 2006
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: 30-Day Notice and request for
comments; Extension of an existing
collection of information: 1651–0129.
AGENCY:
SUMMARY: U.S. Customs and Border
Protection (CBP) of the Department of
Homeland Security will be submitting
the following information collection
request to the Office of Management and
Budget (OMB) for review and approval
in accordance with the Paperwork
Reduction Act: Haitian Hemispheric
Opportunity through Partnership
Encouragement Act of 2006 (‘‘Haiti
HOPE Act’’). This is a proposed
extension of an information collection
that was previously approved. CBP is
proposing that this information
collection be extended with no change
to the burden hours. This document is
published to obtain comments from the
public and affected agencies. This
proposed information collection was
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
previously published in the Federal
Register (78 FR 76851) on December 19,
2013, allowing for a 60-day comment
period. This notice allows for an
additional 30 days for public comments.
This process is conducted in accordance
with 5 CFR 1320.10.
DATES: Written comments should be
received on or before April 2, 2014 be
assured of consideration.
ADDRESSES: Interested persons are
invited to submit written comments on
this proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to the OMB Desk Officer for Customs
and Border Protection, Department of
Homeland Security, and sent via
electronic mail to oira_submission@
omb.eop.gov or faxed to (202) 395–5806.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Tracey Denning,
U.S. Customs and Border Protection,
Regulations and Rulings, Office of
International Trade, 90 K Street NE.,
10th Floor, Washington, DC 20229–
1177, at 202–325–0265.
SUPPLEMENTARY INFORMATION: CBP
invites the general public and other
Federal agencies to comment on
proposed and/or continuing information
collections pursuant to the Paperwork
Reduction Act of 1995 (Pub. L. 104–13;
44 U.S.C. 3507). The comments should
address: (a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s
estimates of the burden of the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden including the use
of automated collection techniques or
the use of other forms of information
technology; and (e) the annual costs
burden to respondents or record keepers
from the collection of information (a
total capital/startup costs and
operations and maintenance costs). The
comments that are submitted will be
summarized and included in the CBP
request for Office of Management and
Budget (OMB) approval. All comments
will become a matter of public record.
In this document CBP is soliciting
comments concerning the following
information collection:
Title: Haitian Hemispheric
Opportunity through Partnership
Encouragement Act of 2006 (‘‘Haiti
Hope Act’’).
OMB Number: 1651–0129.
E:\FR\FM\03MRN1.SGM
03MRN1
]]>Agencies
[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Notices]
[Pages 11808-11814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04593]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2539-13; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB25
Extension of the Designation of Haiti 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 Haiti for Temporary Protected Status (TPS)
for 18 months from July 23, 2014 through January 22, 2016.
The extension allows currently eligible TPS beneficiaries to retain
TPS through January 22, 2016, so long as they otherwise continue to
meet the eligibility requirements for TPS. The Secretary has determined
that an extension is warranted because the conditions in Haiti that
prompted the TPS designation continue to be met. There continues to be
a substantial, but temporary, disruption of living conditions in Haiti
based upon extraordinary and temporary conditions in that country that
prevent Haitians who have TPS from safely returning.
Through this Notice, DHS also sets forth procedures necessary for
nationals of Haiti (or aliens having no nationality who last habitually
resided in Haiti) to re-register for TPS and to apply for renewal of
their Employment Authorization Documents (EADs) with U.S. Citizenship
and Immigration Services (USCIS). Re-registration is limited to persons
who have previously registered for TPS under the designation of Haiti
and whose applications have been granted. Certain nationals of Haiti
(or aliens having no nationality who last habitually resided in Haiti)
who have not previously applied for TPS may be eligible to apply under
the late initial registration provisions, if they meet: (1) At least
one of the late initial filing criteria; and, (2) all TPS eligibility
criteria (including continuous residence in the United States since
January 12, 2011, and continuous physical presence in the United States
since July 23, 2011).
For individuals who have already been granted TPS under the Haiti
designation, the 60-day re-registration period runs from March 3, 2014
through May 2, 2014. USCIS will issue new EADs with a January 22, 2016
expiration date to eligible Haiti 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 July 22, 2014. Accordingly, through this
Notice, DHS automatically extends the validity of EADs issued under the
TPS designation of Haiti for 6 months, from July 22, 2014 through
January 22, 2015, 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 Haiti is
effective July 23, 2014, and will remain in effect through January 22,
2016. The 60-day re-registration period runs from March 3, 2014 through
May 2, 2014.
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 Haiti for
TPS by selecting ``TPS Designated Country: Haiti'' 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 inquires.
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:
Table of Abbreviations
BIA--Board of Immigration Appeals
[[Page 11809]]
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
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
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
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 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, may not be removed, and may
obtain work authorization, so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not result in or 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 Haiti designated for TPS?
On January 21, 2010, the Secretary designated Haiti for TPS based
on extraordinary and temporary conditions within the country,
specifically the effects of the 7.0-magnitude earthquake that occurred
on January 12, 2010. See Designation of Haiti for Temporary Protected
Status, 75 FR 3476 (Jan. 21, 2010). In 2011, the Secretary both
extended Haiti's designation and redesignated Haiti for TPS for 18
months through January 22, 2013. See Extension and Redesignation of
Haiti for Temporary Protected Status, 76 FR 29000 (May 19, 2011). The
Secretary last extended Haiti's TPS designation in 2012. Through a
notice published in the Federal Register on October 1, 2012, the
Secretary extended Haiti's designation for TPS for 18 months, through
July 22, 2014, because the conditions warranting the 2011 redesignation
continued to be met. See Extension of the Designation of Haiti for
Temporary Protected Status, 77 FR 59943 (Oct. 1, 2012). This
announcement is the third extension of TPS for Haiti since the original
designation in January 2010 and the second extension of TPS for Haiti
since the 2011 redesignation.
What authority does the Secretary of Homeland Security have to extend
the designation of Haiti for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate Government agencies, to
designate a foreign state (or part thereof) for TPS.\1\ The Secretary
may then grant TPS to eligible nationals of that foreign state (or
aliens having no nationality who last habitually resided in that
state). See INA section 244(a)(1)(A), 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, 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 DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
Act of 2002, tit. XV, section 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 INA section
244(b)(3)(A), 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 INA section
244(b)(3)(C), 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 INA section
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for Haiti through
January 22, 2016?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Haiti. Based on this review and after
consulting with DOS, the Secretary has determined that an 18-month
extension is warranted because the extraordinary and temporary
conditions that prompted the July 2011 extension and redesignation
continue to exist.
While the Government of Haiti has made considerable progress in
improving security and quality of life of its citizens following the
January 2010 earthquake, Haiti continues to lack the adequate
infrastructure, employment and educational opportunities, and basic
services to absorb the approximately 58,000 Haitian nationals living in
the United States under TPS. The January 12, 2010 earthquake that
struck Haiti caused extensive damage to infrastructure, public health,
agriculture, transportation, and educational facilities. A coordinated
international effort and strong partnership with the Haitian people
resulted in emergency response activities that saved lives and laid a
foundation for Haiti to rebuild. However, many of the conditions
prompting the 2011 extension and redesignation, continue to persist.
Haitian government estimates of the death toll caused by the
earthquake have ranged from 230,000 to 316,000 people, though the
accuracy of differing estimates is in dispute. The U.S. Agency for
International Development reported that approximately 1.5 million
people were initially displaced to temporary camps. Destruction from
the earthquake rose to catastrophic levels due to Haiti's already weak
infrastructure, as the government struggled to provide minimum basic
services prior to the earthquake. Rubble severely impeded recovery
efforts, yet most of the 11 million cubic meters of debris has been
removed, making Port-au-Prince's roads passable.
The January 2010 earthquake had an immediate impact on governance
and the rule of law, killing more than 16,000 of Haiti's civil service
members and destroying key infrastructure, including the National
Palace, the Parliament, 28 of 29 government ministry buildings, the
headquarters of the Haitian National Police, many courts, and several
correctional facilities. The most serious impediments to human rights
in Haiti are weak governance; inadequate respect for the rule of law, a
deficient judicial system; and a high prevalence of corruption in
various branches of government. Establishing a timetable for long-
delayed partial senatorial, municipal, and local elections has
generated considerable ongoing political friction since 2011. While
finally resolved, Haiti faces another round of elections in 2014.
Since the January 2010 earthquake, Haiti's population has faced
increased risks to its security and fundamental human rights. Those
displaced to camps, as well as those living in marginalized
communities, have been
[[Page 11810]]
subjected to a high risk of crime, gender-based violence, and
exploitation. The earthquake also exacerbated pre-existing
vulnerabilities, including gender-based violence, trafficking, sexual
exploitation, child labor, domestic violence, and recruitment into
crime or violence. The Pan American Health Organization indicated that
kidnappings, death threats, murders, armed robberies, home break-ins,
and carjacking continue to occur in large urban centers of Haiti,
though it notes that statistics are not readily available. The
humanitarian community estimates that over 16,000 households have been
affected by forced evictions, including violent evictions by police
officers. On October 10, 2013, the UN Security Council voted
unanimously to extend the UN peacekeeping mission in Haiti until mid-
October 2014 so that it can further contribute to the country's
stability and development.
The earthquake devastated much of Haiti's health infrastructure and
exacerbated the already poor state of health care in the country where
40 percent of the Haitian population had no access to basic health
services. Steady rains in October 2010 led to flooding, which
contributed to poor camp conditions and a deadly cholera outbreak.
According to the Haitian Ministry of Health and Population, there have
been 693,875 cumulative cholera cases and 8,482 deaths as of November
30, 2013. Since the onset of the 2013 rainy season in April, Haiti
experienced a rise in new cholera infections. Available resources for
the cholera response, including funding and staff, have been in steady
decline since 2012.
The January 2010 earthquake was a major setback to the economy and
aggravated an already precarious social situation. The earthquake
inflicted $7.8 billion in damage and caused the country's GDP to
contract 5.4 percent in 2010. In 2011, the Haitian economy began to
slowly recover from the effects of the earthquake, however, Tropical
Storm Isaac and Hurricane Sandy adversely affected the economic
recovery in 2012. Haiti's ability to attract investment is impeded,
partly because of weak infrastructure such as access to electricity.
Estimates indicate that unemployment in Haiti was as high as 80 percent
before the earthquake, and though it has decreased, it remained at
approximately 40 percent as of July 2013. More than 78 percent live on
less than $2 per day and over 50 percent live on less than $1 per day.
In rural areas, 88 percent of individuals live below the poverty line
and basic services are practically nonexistent.
Following the January 2010 earthquake, approximately 1.5 million
Haitians were left homeless and living in temporary camps. According to
the International Organization for Migration as of September 2013,
approximately 172,000 individuals still remained in temporary camps. It
is estimated that there will be approximately 100,000 persons in these
camps by the end of 2013/early 2014.
According to the World Bank, 964 schools were greatly damaged by
the earthquake, affecting more than 200,000 children. Since then, many
schools have been reconstructed, with the government and donors
agreeing to pay school fees for a total of 1,130,000 children for the
2012/2013 school year.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the 2011 redesignation of
Haiti for TPS continue to be met. See INA section 244(b)(3)(A) and (C),
8 U.S.C. 1254a(b)(3)(A) and (C).
There continue to be extraordinary and temporary
conditions in Haiti that prevent Haitian nationals from returning to
Haiti in safety. See INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
It is not contrary to the national interest of the United
States to permit Haitians (and persons who have no nationality who last
habitually resided in Haiti) who meet the eligibility requirements of
TPS to remain in the United States temporarily. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The designation of Haiti for TPS should be extended for an
additional 18-month period from July 23, 2014 through January 22, 2016.
See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
There are approximately 51,000 current Haiti TPS
beneficiaries who are expected to file for re-registration and may be
eligible to retain their TPS under the extension.
Notice of Extension of the TPS Designation of Haiti
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, that the conditions that prompted the
redesignation of Haiti for TPS in 2011 continue to be met. See INA
section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this
determination, I am extending the existing TPS designation of Haiti for
18 months from July 23, 2014 through January 22, 2016. See INA section
244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2).
Jeh Charles Johnson,
Secretary.
Required Application Forms and Application Fees to Register or Re-
register for TPS
To register or re-register for TPS for Haiti, an applicant must
submit each of the following two applications:
1. Application for Temporary Protected Status (Form I-821).
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-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, regardless of age.
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 for Employment Authorization
(Form I-765) 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
[[Page 11811]]
Authorization (Form I-765), and biometric services are also described
in 8 CFR 103.7(b)(1)(i).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay for the
biometric services fee, you may apply for a fee waiver by completing a
Request for Fee Waiver (Form I-912) or by submitting a personal letter
requesting a fee waiver, and providing satisfactory supporting
documentation. For more information on the biometric services fee,
please visit the USCIS Web site at https://www.uscis.gov. If necessary,
you may be required to visit an Application Support Center to have your
biometrics captured.
Re-filing a Re-registration TPS Application After Receiving a Denial of
a Fee Waiver Request
USCIS urges all re-registering applicants to file as soon as
possible within the 60-day re-registration period so that USCIS can
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 INA section
244(c)(3)(C); 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 . . .
------------------------------------------------------------------------
You live in the State of Florida....... U.S. Postal Service:
U.S. Citizenship and
Immigration Services
Attn: Haiti TPS
P.O. Box 4464
Chicago, IL 60680-4464
Non-US Postal Delivery
Service:
U.S. Citizenship and
Immigration Services
Attn: Haiti TPS
131 S. Dearborn--3rd Floor
Chicago, IL 60603-5517
You live in the State of New York...... U.S. Postal Service:
U.S. Citizenship and
Immigration Services
Attn: Haiti TPS
P.O. Box 660167
Dallas, TX 75266-0167
Non-U.S. Postal Delivery
Service:
U.S. Citizenship and
Immigration Services
Attn: Haiti TPS
2501 S. State Highway, 121
Business Suite 400
Lewisville, TX 75067
------------------------------------------------------------------------
You live in any other state............ U.S. Postal Service:
U.S. Citizenship and
Immigration Services
Attn: Haiti TPS
P.O. Box 24047
Phoenix, AZ 85074-4047
Non-U.S. Postal Delivery
Service:
U.S. Citizenship and
Immigration Services
Attn: Haiti TPS
1820 E. Skyharbor Circle S,
Suite 100
Phoenix, AZ 85034
------------------------------------------------------------------------
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 an IJ or
the BIA, please mail your application to the appropriate address in
Table 1. Upon receiving a Notice of Action (Form I-797) from USCIS,
please send an email to the appropriate USCIS Service Center handling
your application providing the receipt number and stating that you
submitted a re-registration and/or request for an EAD based on an IJ/
BIA grant of TPS. If your USCIS receipt number begins with the letters
``LIN,'' please email the Nebraska Service Center at
TPSijgrant.nsc@uscis.dhs.gov. If your USCIS receipt number begins with
the letters ``WAC,'' please email the California Service Center at
TPSijgrant.csc@uscis.dhs.gov. You can find detailed information on what
further information you need to email and the email addresses on the
USCIS TPS Web page at https://www.uscis.gov/tps.
[[Page 11812]]
E-Filing
You cannot electronically file your application when re-registering
or submitting a late initial registration for Haiti TPS. Please mail
your application to the mailing address listed in Table 1.
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 22, 2014 through January 22, 2015?
Provided that you currently have TPS under the Haiti designation, this
notice automatically extends your EAD by 6 months if you:
Are a national of Haiti (or an alien having no nationality who
last habitually resided in Haiti);
Received an EAD under the last extension or redesignation of
TPS for Haiti; and
Have an EAD with a marked expiration date of July 22, 2014,
bearing the notation ``A-12'' or ``C-19'' on the face of the card under
``Category.''
Although this Notice automatically extends your EAD through January 22,
2015, 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). You may present an acceptable
receipt for List A, List B, or List C documents as described in the
Form I-9 Instructions. An EAD is an acceptable document under ``List
A.'' Employers may not reject a document based on a future expiration
date.
If your EAD has an expiration date of July 22, 2014, 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 22, 2015 (see the subsection
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 22,
2015. As an alternative to presenting your automatically extended EAD,
you may choose to present any other acceptable document from List A, or
a combination of one selection from List B and one selection from 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 22, 2014, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended for 6 months by this Federal Register Notice, your employer
will need to ask you about your continued employment authorization once
July 22, 2014 is reached 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 22, 2015, 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 Employment
Eligibility Verification (Form I-9) (see the subsection titled ``What
corrections should I and my current employer make to 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 explain what to do for
Employment Eligibility Verification (Form I-9).
By January 22, 2015, the expiration date of the automatic
extension, your employer must reverify your employment authorization.
At that time, 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, or an acceptable List A or List C
receipt described in the Form I-9 Instructions. Your employer should
complete either Section 3 of the Employment Eligibility Verification
(Form I-9) originally completed for the employee or, if this Section
has already been completed or if the version of Employment Eligibility
Verification (Form I-9) is no longer valid, complete Section 3 of a new
Employment Eligibility Verification (Form I-9) using the most current
version. Your employer should use either Section 3 of the Employment
Eligibility Verification (Form I-9) originally completed for the
employee or, if this Section has already been completed or if the
version of Employment Eligibility Verification (Form I-9) is no longer
valid, complete Section 3 of a new Employment Eligibility Verification
(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, and
cannot reject an acceptable receipt.
Can my employer require that I produce any other documentation to prove
my status, such as proof of my Haitian citizenship?
No. When completing Employment Eligibility Verification (Form I-9),
including re-verifying 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 or an acceptable List A,
List B, or List C receipt. Employers may not request documentation that
does not appear on the ``Lists of Acceptable Documents.'' Therefore,
employers may not request proof of Haitian 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 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. Refer to
the Note to Employees section of this Notice for important information
about your rights
[[Page 11813]]
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.
What happens after January 22, 2015 for purposes of employment
authorization?
After January 22, 2015, employers may no longer accept the EADs
that this Federal Register Notice automatically extended. Before that
time, however, USCIS will issue new EADs to eligible TPS re-registrants
who request them. These new EADs will have an expiration date of
January 22, 2016 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 my employer and I complete 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 complete Employment
Eligibility Verification (Form I-9) for a new job prior to January 22,
2015, 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 automatically extended EAD expiration date (January
22, 2015) 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 22, 2015).
No later than January 22, 2015, 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 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 22, 2015'' 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 22, 2015'' 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 22, 2015, 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 22, 2015, 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 re-
verification requirements. For general questions about the employment
eligibility verification process, employers may call USCIS at 888-464-
4218 (TTY 877-875-6028) or email USCIS at I-9Central@dhs.gov. Calls and
emails are accepted in English and many other languages. 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 (TTY for
the hearing impaired is at 800-237-2515), which offers language
interpretation in numerous languages, or email OSC at osccrt@usdoj.gov.
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email at I-9Central@dhs.gov. Calls are accepted in English, Spanish and
many other languages. Employees or applicants may also call the U.S.
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Worker Information Hotline at
800-255-7688 (TTY 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 from the List of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt described
in the Employment Eligibility Verification (Form I-9) Instructions.
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 case result of ``Tentative Nonconfirmation'' (TNC) must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from Employment Eligibility
Verification (Form I-9) differs from the Social Security
Administration, DHS, or DOS records.
[[Page 11814]]
Employers may not terminate, suspend, delay training, withhold pay,
lower pay or take any adverse action against an employee based on the
employee's decision to contest a TNC or because the case is still
pending with E-Verify. A Final Nonconfirmation (FNC) case result is
received when E-Verify cannot verify an employee's employment
eligibility. An employer may terminate employment based on a case
result of FNC. Work-authorized employees who receive an FNC may call
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). An employer
that discriminates against an employee in the E-Verify process based on
citizenship or immigration status, or based on national origin, may
contact OSC's Worker Information Hotline at 800-255-7688 (TTY for the
hearing impaired is at 800-237-2515). Additional information about
proper nondiscriminatory Employment Eligibility Verification (Form 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.
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 unexpired 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 Notice of
Action (Form I-797) for this re-registration;
(4) A copy of your past or current Application for Temporary Protected
Status Notice of Action (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
Federal Register 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. 2014-04593 Filed 2-28-14; 8:45 am]
BILLING CODE 9111-97-P
