Extension of the Designation of Nicaragua for Temporary Protected Status, 62176-62182 [2014-24560]

Agencies

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

[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Notices]
[Pages 62176-62182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24560]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2544-14; DHS Docket No. USCIS-2014-0006]
RIN 1615-ZB29


Extension of the Designation of Nicaragua for Temporary Protected 
Status

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

ACTION: Notice.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Nicaragua for Temporary Protected Status 
(TPS) for 18 months from January 6, 2015 through July 5, 2016.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS through July 5, 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 Nicaragua that 
prompted the TPS designation continue to be met. There continues to be 
a substantial, but temporary, disruption of living conditions in 
Nicaragua resulting from Hurricane Mitch, and Nicaragua remains unable, 
temporarily, to handle adequately the return of its nationals.
    Through this Notice, DHS also sets forth procedures necessary for 
nationals of Nicaragua (or aliens having no nationality who last 
habitually resided in Nicaragua) 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 Nicaragua and whose applications have been granted. 
Certain nationals of Nicaragua (or aliens having no nationality who 
last

[[Page 62177]]

habitually resided in Nicaragua) who have not previously applied for 
TPS may be eligible to apply under the late initial registration 
provisions, if they meet: (1) At least one of the late initial filing 
criteria; and, (2) all TPS eligibility criteria (including continuous 
residence in the United States since December 30, 1998, and continuous 
physical presence in the United States since January 5, 1999).
    For individuals who have already been granted TPS under the 
Nicaraguan designation, the 60-day re-registration period runs from 
October 16, 2014 through December 15, 2014. USCIS will issue new EADs 
with a July 5, 2016 expiration date to eligible Nicaragua 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 January 5, 
2015. Accordingly, through this Notice, DHS automatically extends the 
validity of EADs issued under the TPS designation of Nicaragua for 6 
months, through July 5, 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 Nicaragua is 
effective January 6, 2015, and will remain in effect through July 5, 
2016. The 60-day re-registration period runs from October 16, 2014 
through December 15, 2014. (Note: It is important for re-registrants to 
timely re-register during this 60-day re-registration period, and not 
to wait until their EADs expire.)

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 Nicaragua for TPS by 
selecting ``TPS Designated Country: Nicaragua'' 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
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
USAID--U.S. Agency for International Development
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 Nicaragua designated for TPS?

    On January 5, 1999, the Attorney General designated Nicaragua for 
TPS based on an environmental disaster within that country, 
specifically the devastation resulting from Hurricane Mitch. See 
Designation of Nicaragua Under Temporary Protected Status, 64 FR 526 
(Jan. 5, 1999). The Secretary last announced an extension of the 
Nicaragua TPS designation on April 3, 2013, based on her determination 
that the conditions warranting the designation continued to be met. See 
Extension of the Designation of Nicaragua for Temporary Protected 
Status, 78 FR 20128 (Apr. 3, 2014). This announcement is the twelfth 
extension of TPS for Nicaragua since the original designation in 1999.

What authority does the Secretary of Homeland Security have to extend 
the designation of Nicaragua for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate U.S. Government 
agencies, to designate a foreign state (or part thereof) for TPS if the 
Secretary finds that certain country conditions exist.\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).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, 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).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in a 
foreign state designated for TPS to determine whether the conditions 
for the TPS designation continue to be met. See 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 a TPS designation, 
the designation may be extended for an additional period of 6, 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).

[[Page 62178]]

Why is the Secretary extending the TPS designation for Nicaragua 
through July 5, 2016?

    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in Nicaragua. Based on this review and 
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the disruption in living 
conditions in affected areas of Nicaragua resulting from the 
environmental disaster that prompted the January 5, 1999 designation 
persists.
    Hurricane Mitch made landfall in Nicaragua in October 1998. The 
storm killed 3,045 people and 885 were reported missing. The 
devastation of Hurricane Mitch affected nearly 868,000 people. 
Landslides and floods destroyed entire villages and caused extensive 
damages to the transportation network, housing, medical and educational 
facilities, water supply and sanitation facilities, and the 
agricultural sector. Overall damage estimates ranged between $1.3-1.5 
billion. Hurricane Mitch caused critical food and potable water 
shortages. Agricultural difficulties have continued, such as a 
significant shortage in the production of beans, a staple crop, as well 
as a struggling coffee sector. These events have contributed to an 
environment in which there are continual disruptions to living 
conditions.
    Estimates of houses destroyed by Hurricane Mitch ranged as high as 
145,000. Housing reconstruction costs were estimated at $143.7 million. 
Damages to roads and bridges accounted for approximately 60 percent of 
Mitch-related reconstruction costs. Approximately 1,500 kilometers of 
paved and 6,500 kilometers of unpaved roads were damaged and 71 bridges 
were destroyed. The infrastructure damage resulted in the country's 
main cities being physically disconnected from smaller towns and 
communities. Managua, for example, was left disconnected from cities in 
the northern, central, and western regions of the country, compromising 
communication and the movement of people and commercial goods. Road and 
bridge reconstruction and repair costs were estimated at $804 million.
    The international community continues to assist the government of 
Nicaragua to repair the damage and destruction left behind by Hurricane 
Mitch; the European Union's Regional Programme for the Reconstruction 
of Central America constructed and rehabilitated 1,050 homes, the 
Canadian Red Cross and the United Nations Development Programme 
collaborated to build 1,300 homes, and local authorities with the 
assistance of various small Spanish Non-Governmental Organizations 
built 300 homes in the municipality of Ocotal. Despite the effort of 
these programs, there currently still is a net housing deficit in 
Nicaragua.
    A significant amount of aid was dedicated to repairing and 
improving road infrastructure. The Inter-American Development Bank 
authorized two loans totaling $85 million for rehabilitation of the 
Pan-American Highway and the San Lorenzo to Muhan road. In 2004, the 
Inter-American Development Bank granted an additional $40 million for 
road improvement projects. The World Bank contributed funds to 
rehabilitation and maintenance projects for third and fourth roads, 
which are typically rural and unpaved. Although these projects have 
been completed, only 12 percent of Nicaragua's roads are paved, 
representing the lowest percentage in Central America. Most rural roads 
in the northern mountainous region and the Atlantic coast have not been 
properly repaired since Hurricane Mitch and have suffered additional 
damage due to frequent flooding.
    By the end of 2001, the United States Agency for International 
Development (USAID) had completed a multi-year project to construct or 
repair 50 health units and 20 schools. USAID provided these 
institutions with medical and school supplies. Similarly, the European 
Union's Regional Programme for the Reconstruction of Central America 
constructed or rehabilitated five health centers and 139 schools.
    Significant improvements have been made to water and sanitation 
systems. In 1999, the Inter-American Development Bank authorized a loan 
for $13.9 million to modernize potable water and sanitation systems. In 
2000, the Inter-American Development Bank followed up with a $15 
million loan to implement sanitation programs in Lake Managua. By 2001, 
the USAID contractor Environmental Health Project reported that 2,692 
water supply systems, 7,226 household latrines, and 295 wells had been 
constructed. In 2001, the Nicaraguan Aqueducts and Sewage Company 
reported that 46 percent of the rural population had access to safe 
water. In 2006, the Inter-American Development Bank approved a loan in 
the amount of $30 million to provide potable water service to an 
additional 80,000 people and to strengthen the maintenance capacity of 
the national water and sanitation company. The Inter-American 
Development Bank has continued to fund potable water and sanitation 
improvement projects, most recently a 2010 loan in the amount of $30 
million, to increase coverage of potable water and sanitation services. 
Projects funded by this loan are currently being implemented.
    Following Mitch, various hurricanes, tropical depressions, and 
tropical storms have made landfall in Nicaragua. These ensuing natural 
disasters have hampered recovery and compounded the devastation and 
substantial disruption in living conditions resulting from Hurricane 
Mitch. In November 2001, Hurricane Michelle damaged or destroyed 3,349 
houses, seven bridges, and 7,000 hectares of staple crops which is 
equivalent to 80 percent of crop production. In September 2007, 
Hurricane Felix, a category 5 storm, killed more than 100 people and 
damaged or destroyed 16,400 houses. In May 2008, Tropical Storm Alma 
damaged seven Pacific coast departments, leaving more than 25,000 
people homeless. In October 2008, a tropical depression brought intense 
rains that affected 10,633 people in eight departments. In November 
2009, Hurricane Ida brought heavy rains and winds to the northern coast 
of Nicaragua causing damage to 875 homes, contaminating 300 wells and 
affecting more than 13,000 people.
    More recently, in October 2011, heavy rains associated with a 
tropical depression caused flooding and landslides throughout 
Nicaragua. An assessment carried out by the Nicaraguan government 
concluded that 87 of 153 municipalities in the country were damaged and 
nearly 149,000 people suffered losses to their property, agricultural 
crops, and other livelihoods. A total of 8,924 homes were flooded; 
1,235 were partially destroyed and 335 completely destroyed. Damages 
and losses totaled $445 million or 6.8 percent of the gross domestic 
product in 2010. The year 2013 was also a harsh period for the region, 
as heavy rains from Hurricane Barbara in May resulted in almost 600 
homes being flooded, and over 3,000 people affected. During June and 
July of the same year, tropical storms and heavy seasonal rain resulted 
in fifteen deaths, widespread flooding, and 12,000 people affected. 
According to an August 12, 2014, Famine Early Warning System report, a 
lengthy drought in 2014 prevented many farmers, especially in the 
northern region, from planting food crops during the normal spring 
planting cycle, thus contributing to food insecurity. Nicaragua also 
continues to suffer from an infestation of coffee rust that reduces 
yields, especially for poorer coffee

[[Page 62179]]

farmers, and thereby cuts back on opportunities for coffee harvesters.
    Nicaragua's poor economy has slowed down reconstruction efforts, 
undermining Nicaragua's capacity to absorb additional Nicaraguan 
nationals. The regions of Nicaragua most devastated by Hurricane Mitch 
continue to be the poorest and least developed in the country. Weak 
global commodity prices and decreased profits for Nicaraguan exports 
will negatively impact the country's gross domestic product. Nicaragua 
lies in a region vulnerable to hurricanes, tropical storms, seasonal 
rains, volcanoes and earthquakes, all of which have occurred in the 
years since Mitch. Consequently, the need for reconstruction, 
infrastructure improvement, and disaster preparedness projects remains 
ongoing.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds that:
     The conditions that prompted the January 5, 1999 
designation of Nicaragua 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 continues to be a substantial, but temporary, 
disruption in living conditions in Nicaragua as a result of an 
environmental disaster. See section 244(b)(1)(B) of the INA, 8 U.S.C. 
1254a(b)(1)(B).
     Nicaragua continues to be unable, temporarily, to handle 
adequately the return of its nationals (or aliens having no nationality 
who last habitually resided in Nicaragua). See section 244(b)(1)(B) of 
the Act, 8 U.S.C. 1254a(b)(1)(B).
     The designation of Nicaragua for TPS should be extended 
for an additional 18-month period from January 6, 2015 through July 5, 
2016. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     There are approximately 2,800 current Nicaraguan 
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 Nicaragua

    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 
designation of Nicaragua for TPS in 1999 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 Nicaragua 
for 18 months from January 6, 2015 through July 5, 2016. See INA 
section 244(b)(2) and (b)(3), 8 U.S.C. 1254a(b)(2) and (b)(3).
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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 Nicaragua, 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 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. If you choose to do this, you would file the Application for 
Temporary Protected Status (Form I-821) with the fee and the 
Application

[[Page 62180]]

for Employment Authorization (Form I-765) without the fee and without 
requesting an EAD.

Mailing Information

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

                       Table 1--Mailing Addresses
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                If . . .                          Mail to . . .
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You are re-registering for TPS through   U.S. Citizenship and
 the U.S. Postal Service.                 Immigration Services; Attn:
                                          TPS Nicaragua; P.O. Box 6943;
                                          Chicago, IL 60680-6943.
or
You were granted TPS by an Immigration
 Judge (IJ) or the Board of Immigration
 Appeals (BIA), and you wish to request
 an EAD,
or
You are re-registering for the first
 time following a grant of TPS by an IJ
 or BIA and you are mailing through the
 U.S. Postal Service
You are registering late for a late      U.S. Citizenship and
 initial filing through the U.S. Postal   Immigration Services; Attn:
 Service.                                 TPS Nicaragua; P.O. Box 6943;
                                          Chicago, IL 60680-6943.
You would like to send your application  U.S. Citizenship and
 using a non-U.S. Postal Service          Immigration Services; Attn:
 delivery service (for re-registrations   TPS--Nicaragua; 131 S.
 AND late initial filings).               Dearborn--3rd Floor; Chicago,
                                          IL 60603-5517.
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    If you were granted TPS by an IJ or the 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.

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 https://www.uscis.gov/e-filing.

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 through July 5, 2015?

    Provided that you currently have TPS under the Nicaragua 
designation, this notice automatically extends your EAD by 6 months if 
you:
     Are a national of Nicaragua (or an alien having no 
nationality who last habitually resided in Nicaragua);
     Received an EAD under the last extension of TPS for 
Nicaragua; and
     Have an EAD with a marked validity date of January 5, 
2015, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category.''
    Although this Notice automatically extends your EAD through July 5, 
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 January 5, 2015, and states 
``A-12'' or ``C-19'' under ``Category,'' it has been extended 
automatically for 6 months by virtue of this Federal Register Notice, 
and you may choose to present your EAD to your employer as proof of 
identity and employment authorization for Employment Eligibility 
Verification (Form I-9) through July 5, 2015 (see the subsection titled 
``How do my employer and I complete the Employment Eligibility 
Verification (Form I-9) using an automatically extended EAD for a new 
job?'' for further information). To minimize confusion over this 
extension at the time of hire, you may also show your employer a copy 
of this Federal Register Notice confirming the automatic extension of 
employment authorization through July 5, 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 January 5, 2015 that 
state ``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended for 6 months by this Federal Register Notice,

[[Page 62181]]

your employer will need to ask you about your continued employment 
authorization once July 5, 2015 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 July 5, 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 my current employer and I 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 July 5, 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) has expired (check the date in the upper right-hand corner 
of the form), 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 Nicaraguan 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) 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 Nicaraguan 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 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 July 5, 2015 for purposes of employment 
authorization?

    After July 5, 2015, employers may no longer accept the EADs that 
this Federal Register Notice automatically extended. Before that time, 
however, USCIS will endeavor to issue new EADs to eligible TPS re-
registrants who request them. These new EADs will have an expiration 
date of July 5, 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) 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 July 5, 
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 (July 5, 
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 (July 5, 2015).
    No later than July 5, 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 ``July 5, 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 ``July 5, 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 July 5, 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 and you have an 
employee who is a TPS beneficiary who provided a TPS-related EAD when 
he or she first started working for you, you will receive a ``Work 
Authorization Documents Expiring'' case alert when this 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 July 5, 2015, 
employment authorization must be reverified in Section 3. Employers

[[Page 62182]]

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 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 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 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 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 Lists 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. 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 employee that believes he or she was discriminated 
against by an employer 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 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. 2014-24560 Filed 10-15-14; 8:45 am]
BILLING CODE 9111-97-P