Extension of the Designation of El Salvador for Temporary Protected Status, 893-899 [2015-00031]
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Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Notices
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[FR Doc. 2015–00002 Filed 1–6–15; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2550–14; DHS Docket No. USCIS–
2007–0028]
RIN 1615–ZB36
Extension of the Designation of El
Salvador for Temporary Protected
Status
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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AGENCY:
Through this Notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
extending the designation of El Salvador
for Temporary Protected Status (TPS)
for 18 months from March 10, 2015,
through September 9, 2016.
SUMMARY:
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The extension allows currently
eligible TPS beneficiaries to retain TPS
through September 9, 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 El Salvador that prompted
the TPS designation continue to be met.
There continues to be a substantial, but
temporary, disruption of living
conditions in El Salvador resulting from
a series of earthquakes in 2001, and El
Salvador remains unable, temporarily,
to handle adequately the return of its
nationals.
Through this Notice, DHS also sets
forth procedures necessary for nationals
of El Salvador (or aliens having no
nationality who last habitually resided
in El Salvador) to re-register for TPS and
to apply for renewal of their
Employment Authorization Documents
(EADs) with U.S. Citizenship and
Immigration Services (USCIS). Reregistration is limited to persons who
have previously registered for TPS
under the designation of El Salvador
and whose applications have been
granted. Certain nationals of El Salvador
(or aliens having no nationality who last
habitually resided in El Salvador) who
have not previously applied for TPS
may be eligible to apply under the late
initial registration provisions, if they
meet: (1) At least one of the late initial
filing criteria; and, (2) all TPS eligibility
criteria (including continuous residence
in the United States since February 13,
2001, and continuous physical presence
in the United States since March 9,
2001).
For individuals who have already
been granted TPS under the El Salvador
designation, the 60-day re-registration
period runs from January 7, 2015
through March 9, 2015. USCIS will
issue new EADs with a September 9,
2016 expiration date to eligible El
Salvador TPS beneficiaries who timely
re-register and apply for EADs under
this extension. Given the timeframes
involved with processing TPS reregistration applications, DHS
recognizes that not all re-registrants will
receive new EADs before their current
EADs expire on March 9, 2015.
Accordingly, through this Notice, DHS
automatically extends the validity of
EADs issued under the TPS designation
of El Salvador for 6 months, through
September 9, 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.
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893
The 18-month extension of the
TPS designation of El Salvador is
effective March 10, 2015, and will
remain in effect through September 9,
2016. The 60-day re-registration period
runs from January 7, 2015 through
March 9, 2015March 9, 2015. (Note: It
is important for re-registrants to timely
re-register during this 60-day reregistration 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 El Salvador for TPS by
selecting ‘‘TPS Designated Country: El
Salvador’’ from the menu on the left of
the TPS Web page.
• You can also contact the TPS
Operations Program Manager at the
Family and Status Branch, Service
Center Operations Directorate, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2060; or by
phone at (202) 272–1533 (this is not a
toll-free number). Note: The phone
number provided here is solely for
questions regarding this TPS Notice. It
is not for individual case status
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:
DATES:
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
USCIS—U.S. Citizenship and Immigration
Services
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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 are authorized to work
and obtain EADs, 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 through a
separate Federal Register notice,
beneficiaries return to the same
immigration status they maintained
before TPS, if any (unless that status has
since expired or been terminated), or to
any other lawfully obtained immigration
status they received while registered for
TPS.
When was El Salvador designated for
TPS?
On March 9, 2001, the Attorney
General designated El Salvador for TPS
based on an environmental disaster
within that country, specifically the
devastation resulting from a series of
earthquakes that occurred in 2001. See
Designation of El Salvador Under
Temporary Protected Status, 66 FR
14214 (Mar. 9, 2001). The Secretary last
announced an extension of TPS for El
Salvador on May 30, 2013, based on her
determination that the conditions
warranting the designation continued to
be met. See Extension of the Designation
of El Salvador for Temporary Protected
Status, 78 FR 32418 (May 30, 2013).
This announcement is the tenth
extension of TPS for El Salvador since
the original designation in 2001.
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What authority does the Secretary of
Homeland Security have to extend the
designation of El Salvador for TPS?
Section 244(b)(1) of the INA, 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate 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
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
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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
may be extended for an additional
period of 6, 12, or 18 months. See
section 244(b)(3)(C) of the INA, 8 U.S.C.
1254a(b)(3)(C). If the Secretary
determines that the foreign state no
longer meets the conditions for TPS
designation, the Secretary must
terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B).
Why is the Secretary extending the TPS
designation for El Salvador through
September 9, 2016?
Over the past year, DHS and the
Department of State (DOS) have
continued to review conditions in El
Salvador. Based on this review and after
consulting with DOS, the Secretary has
determined that an 18-month extension
is warranted because the disruption in
living conditions in affected areas of El
Salvador resulting from the
environmental disaster that prompted
the March 9, 2001 designation persists.
El Salvador was originally designated
for Temporary Protected Status
following a series of major earthquakes
and aftershocks in early 2001. The first,
on January 13, registered at 7.6 in
magnitude on the standard seismic
scale; the second, on February 13,
measured 6.6 in magnitude. Together
they killed over 1,000 people, caused
approximately 8,000 injuries, and
affected approximately 1.5 million
people. Of 262 municipalities in El
Salvador, 165 suffered serious damage
in the first quake, while the second
quake hit the departments of La Paz,
´
San Vicente, and Cuscatlan the hardest.
The earthquakes caused significant
damage to homes, hospitals, schools,
and transportation systems.
The 2001 earthquakes damaged or
destroyed 276,594 housing units. A
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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2012 study by the El Salvador Ministry
of Economy indicated the national
housing deficit was at 446,000, a
profound deficit for a country of 6.1
million people. This shortage would be
exacerbated by the return of thousands
of Salvadoran nationals currently
residing in the United States under TPS.
The National Water Institution
estimated that 40 to 50 percent of the
Salvadoran population lacked potable
water access due to damages to the
water and electrical systems in the
aftermath of the 2001 earthquakes. Over
10 percent of El Salvador’s total
population, mostly in rural areas, still
lacks access to drinking water. Water
contamination and scarcity are of
particular concern in the San Salvador
metropolitan area, threatening human
health and productivity, as well as
generating social conflict. According to
the El Salvador Ministry of
Environment, only 5 percent of El
Salvador’s surface water is considered
treatable for drinking purposes. El
Salvador’s 59 principal wetland areas
have been degraded and polluted by
solid waste, untreated waste water,
agrochemicals, and unsustainable
resource extraction practices. According
to El Salvador’s public water utility,
over 278 million cubic meters of
wastewater are produced annually.
Subsequent environmental disasters
since the 2001 earthquakes have caused
significant damage to infrastructure,
disrupting recovery efforts. In 2005,
tropical storm Stan caused widespread
flooding, landslides, and destruction of
homes and crops throughout the
country. A series of earthquakes in
western El Salvador in 2006 resulted in
the temporary displacement of 2,000
families. Storms in 2009 (Ida) and 2010
(Agatha) killed over 200 people, left 78
people unaccounted for, damaged over
1,500 houses, and affected 120,000
Salvadorans. Severe infrastructural
damage amounted to $343 million, of
which more than half was related to
roadways and bridges. In October 2011,
tropical depression 12–E brought 10
days of heavy rain to El Salvador. The
storm caused an estimated $840 million
in damage, flooding 20,000 homes,
damaging 18 roads and 21 bridges, and
resulting in heavy agricultural losses.
These three storms caused an estimated
$1.3 billion in damage, a figure equal to
5 percent of the country’s total 2012
gross domestic product. In June 2013,
Tropical Storm Barry caused flooding in
El Salvador, and in December 2013, the
eruption of the Chaparrastique volcano
located in eastern El Salvador forced
thousands of people within a 2-mile
radius to evacuate their homes. These
environmental disasters, as well as
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others not detailed herein, have caused
substantial setbacks to infrastructure
recovery and development since the
2001 earthquakes.
El Salvador is currently experiencing
the effects of a severe regional drought
that is impacting food security. In
August 2014, the Famine Early Warning
Systems Network reported that rainfall
deficits in eastern areas of El Salvador
began in late June 2014, and rainfall
accumulation in the affected areas is 50
to 75 percent below average. The
Famine Early Warning Systems Network
has also stated that ‘‘[t]his dryness is the
˜
worst in 10 years, including the El Nino
year of 2009,’’ and ‘‘. . . losses incurred
by subsistence farmers located in the
worst-affected areas are expected to
exceed 70 percent.’’ In addition to the
effects of the drought, a leaf rust
epidemic has affected 74 percent of
coffee plants in El Salvador, causing a
loss of millions of dollars in coffee
production, as well as the loss of over
300,000 jobs in that sector.
Economic losses from the earthquakes
were reported to be as high as $2.6
billion, almost 15 percent of El
Salvador’s gross domestic product. El
Salvador’s economy continues to
experience significant challenges. Most
analysts expect El Salvador’s gross
domestic product to grow 1.6 to 1.8
percent in 2014, approximately half the
rate of its regional neighbors. According
to a 2013 Social Panorama of Latin
America Report issued by the European
Commission for Latin America and the
Caribbean, almost half of all
Salvadorans (45.3 percent) live in
poverty. It is estimated that over a third
of the country’s workforce is
underemployed or not able to find fulltime work. In light of the highly
problematic economic situation, a large
influx of returning citizens at this time
would overwhelm the labor market and
the government’s fiscal ability to extend
basic services to its citizens.
Based upon this review and after
consultation with appropriate
Government agencies, the Secretary
finds that:
• The conditions that prompted the
March 9, 2001 designation of El
Salvador for TPS continue to be met.
See INA sections 244(b)(1)(B), (b)(3)(A)
and (C), 8 U.S.C. 1254a(b)(1)(B),
(b)(3)(A) and (C).
• There continues to be a substantial,
but temporary, disruption in living
conditions in El Salvador as a result of
an environmental disaster. See INA
section 244(b)(1)(B)(i), 8 U.S.C.
1254a(b)(1)(B)(i).
• El Salvador continues to be unable,
temporarily, to handle adequately the
return of its nationals (or aliens having
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no nationality who last habitually
resided in El Salvador). See INA section
244(b)(1)(B)(ii), 8 U.S.C.
1254a(b)(1)(B)(ii).
• The designation of El Salvador for
TPS should be extended for an
additional 18-month period from March
10, 2015 through September 9, 2016.
See INA section 244(b)(3)(C), 8 U.S.C.
1254a(b)(3)(C).
• There are approximately 204,000
current El Salvador TPS beneficiaries
who are expected to file for reregistration and may be eligible to retain
their TPS under the extension.
Notice of Extension of the TPS
Designation of El Salvador
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 El Salvador for TPS in
2001 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
designation of El Salvador for TPS for
18 months from March 10, 2015,
through September 9, 2016. See INA
sections 244(b)(2) and (b)(3), 8 U.S.C.
1254a(b)(2) and (b)(3).
Jeh Charles Johnson,
Secretary.
Required Application Forms and
Application Fees To Register or Reregister for TPS
To register or re-register for TPS based
on the designation of El Salvador, an
applicant must submit each of the
following two applications:
1. Application for Temporary
Protected Status (Form I–821).
• If you are filing an application for
late initial registration, you must pay
the fee for the Application for
Temporary Protected Status (Form I–
821). See 8 CFR 244.2(f)(2) and 244.6
and information on late initial filing on
the USCIS TPS Web page at https://
www.uscis.gov/tps.
• If you are filing an application for
re-registration, you do not need to pay
the fee for the Application for
Temporary Protected Status (Form I–
821). See 8 CFR 244.17. and
2. Application for Employment
Authorization (Form I–765).
• If you are applying for late initial
registration and want an EAD, you must
pay the fee for the Application for
Employment Authorization (Form I–
765) only if you are age 14 through 65.
No fee for the Application for
Employment Authorization (Form I–
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895
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
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 reregistration deadline. If, however, an
applicant receives a denial of his or her
fee waiver request and is unable to re-
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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
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
If . . .
Mail to . . .
Are applying for re-registration and you live in the following states/territories:
Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky,
Maine, Maryland, Massachusetts, Michigan, New Hampshire, New
Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, South
Carolina, Vermont, Virginia, Washington DC, West Virginia.
Are applying for re-registration and you live in the following states/territories:
Alabama, Alaska, American Samoa, Arkansas, Colorado, Guam, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, New York, North Dakota,
Northern Mariana Islands, Oklahoma, Puerto Rico, South Dakota,
Tennessee, Texas, Utah, Virgin Islands, Wisconsin, Wyoming.
Are applying for re-registration and you live in the following states: .......
U.S. Postal Service: U.S. Citizenship and Immigration Services, Attn:
TPS El Salvador, P.O. Box 8635, Chicago, IL 60680–8635.
Non-U.S. Postal Delivery Service: U.S. Citizenship and Immigration
Services, Attn: TPS El Salvador, 131 S. Dearborn—3rd Floor, Chicago, IL 60603–5517.
Arizona, California, Nevada, Oregon, Washington ..................................
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Are applying for the first time as a late initial registration (this is for all
states/territories).
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
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. Upon receiving a Notice of
Action (Form I–797) from USCIS, please
send an email to TPSijgrant.vsc@
uscis.dhs.gov with the receipt number
and state that you submitted a reregistration and/or request for an EAD
based on an IJ/BIA grant of TPS. You
can find detailed information on what
further information you need to email
and the email addresses on the USCIS
TPS Web page at https://www.uscis.gov/
tps.
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U.S. Postal Service: U.S. Citizenship and Immigration Services, Attn:
TPS El Salvador, P.O. Box 660864, Dallas, TX 75266.
Non-U.S. Postal Delivery Service: U.S. Citizenship and Immigration
Services, Attn: TPS El Salvador, 2501 S. State Highway, 121 Business Suite 400, Lewisville, TX 75067.
U.S. Postal Service: U.S. Citizenship and Immigration Services, Attn:
TPS El Salvador, P.O. Box 21800, Phoenix, AZ 85036.
Non-U.S. Postal Delivery Service: U.S. Citizenship and Immigration
Services, Attn: TPS El Salvador, 1820 E. Skyharbor Circle S, Suite
100, Phoenix, AZ 85034.
U.S. Postal Service: U.S. Citizenship and Immigration Services, Attn:
TPS El Salvador, P.O. Box 8635, Chicago, IL 60680–8635, Non-US
Postal Delivery Service: U.S. Citizenship and Immigration Services,
Attn: TPS El Salvador, 131 S. Dearborn—3rd Floor, Chicago, IL
60603–5517.
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 reregistrants at local offices.
Am I eligible to receive an automatic 6month extension of my current EAD
through September 9, 2015?
Provided that you currently have TPS
under the designation of El Salvador,
this Notice automatically extends your
EAD by 6 months if you:
• Are a national of El Salvador (or an
alien having no nationality who last
habitually resided in El Salvador);
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• Received an EAD under the last
extension of TPS for El Salvador; and
• Have an EAD with a marked
expiration date of March 9, 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 September 9,
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
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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
March 9, 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 September 9, 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 September 9, 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 March 9, 2015, 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 March 9, 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 September 9, 2015, the expiration
date of the automatic extension. Instead,
you and your employer must make
corrections to the employment
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15:01 Jan 06, 2015
Jkt 235001
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 September 9, 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 Salvadoran
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 Salvadoran citizenship when
completing Employment Eligibility
Verification (Form I–9) for new hires or
reverifying the employment
authorization of current employees. If
presented with EADs that 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
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897
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 September 9, 2015,
for purposes of employment
authorization?
After September 9, 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 September 9,
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 September 9, 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 Anumber 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 (September 9,
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 (September 9, 2015).
By September 9, 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
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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 ‘‘September 9, 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 ‘‘September 9, 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 September 9, 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 September 9,
2015, employment authorization must
be reverified in Section 3. Employers
should never use E-Verify for
reverification.
rljohnson on DSK3VPTVN1PROD with NOTICES
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,
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15:01 Jan 06, 2015
Jkt 235001
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 status,
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 federal or state government
records.
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Fmt 4703
Sfmt 4703
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 EVerify. 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 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.
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 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 site that
provides information on the automatic
extension.
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Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Notices
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 to correct
records under the Freedom of
Information Act 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. 2015–00031 Filed 1–6–15; 8:45 am]
by which continuous bonds executed
prior to or outside of the eBond test may
be converted to eBonds by the surety
and principal; a surety or principal’s
ability to terminate an eBond; the
identification of the principal on an
eBond by the filing identification
number; and an email address
correction.
The eBond test modifications
and clarifications set forth in this notice
will go into effect January 7, 2015.
DATES:
Comments and/or questions
concerning this notice or any aspect of
the test may be submitted to CBP via
email to eBondTest@cbp.dhs.gov, with
the subject line identifier reading
‘‘Comment/Questions on eBond test.’’
ADDRESSES:
For
policy related questions, contact Kara
Welty, Chief, Debt Management Branch,
Revenue Division, Office of
Administration, at kara.welty@dhs.gov.
For technical questions, contact John
Everett, Entry Summary, Accounts, and
Revenue Branch, ACE Business Office,
Office of International Trade, at
john.r.everett@dhs.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
BILLING CODE 9111–97–P
Background
DEPARTMENT OF HOMELAND
SECURITY
I. eBond Test
U.S. Customs and Border Protection
eBond Test Modifications and
Clarifications: Continuous Bond
Executed Prior to or Outside the
eBond Test May Be Converted to an
eBond by the Surety and Principal,
Termination of an eBond, Identification
of Principal on an eBond by Filing
Identification Number, and Email
Address Correction
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This notice announces
modifications and clarifications to U.S.
Customs and Border Protection’s (CBP’s)
voluntary National Customs Automation
Program eBond test, scheduled to
deploy January 3, 2015. This test
provides for the transmission in
Automated Commercial Environment of
electronic bond contracts (eBonds)
between principals and sureties, with
CBP as third-party beneficiary, for the
purpose of linking those eBonds to the
transactions they are intended to secure.
The modifications and clarifications to
CBP’s eBond test concern: The method
rljohnson on DSK3VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
15:01 Jan 06, 2015
Jkt 235001
In a notice published in the Federal
Register (79 FR 70881) on November 28,
2014, U.S. Customs and Border
Protection (CBP) announced a plan to
conduct a voluntary National Customs
Automation Program (NCAP) eBond
test. The eBond test, scheduled to
deploy on January 3, 2015, provides for
the transmission in Automated
Commercial Environment (ACE) of
electronic bond contracts (eBonds)
between principals and sureties, with
CBP as the third-party beneficiary, for
the purpose of linking those eBonds to
the transactions they are intended to
secure (eBond system). The notice
invited public comment concerning the
test, described the eligibility, procedural
and documentation requirements for
voluntary participation in the test, and
outlined the development and
evaluation methodology to be used in
the test. The eBond test terms and
conditions set forth in 79 FR 70881
remain in effect for the duration of the
eBond test, subject to the modifications
and clarifications set forth in this notice
and any subsequent eBond test
modifications published in the Federal
Register.
PO 00000
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Fmt 4703
Sfmt 4703
899
II. Modifications and Clarifications to
the eBond Test
A. Continuous Bonds Executed Prior to
or Outside the eBond Test May Be
Converted to eBonds by the Surety and
Principal
In the eBond test notice published in
79 FR 70881 (also referred to in this
notice as the ‘‘original eBond test
notice’’), CBP indicated that continuous
bonds executed prior to January 3, 2015,
will be accessible in the eBond system
for administration purposes but will not
be subject to eBond test rules. Instead,
pre-January 3, 2015 continuous bonds
will remain subject to the CBP bond
regulations in 19 CFR part 113, and
riders of such bonds must be submitted
to CBP in the format and manner
detailed in 19 CFR part 113. Similarly,
after the eBond test commences on
January 3, 2015, sureties and principals
who choose not to participate in the
eBond test will still be able to submit
bonds to CBP in the format and manner
detailed in 19 CFR part 113, and those
bonds will be accessible in the eBond
system for administration purposes.
This notice announces a modification
to the eBond test to permit participating
sureties/surety agents, acting on behalf
of the sureties and principals, to convert
pre-January 3, 2015 continuous bonds
and other continuous bonds executed
outside of the eBond test (collectively
referred to hereinafter as ‘‘paper
continuous bonds’’) into eBonds subject
to the rules set forth in this notice and
the original eBond test notice. Under the
terms of the original eBond test notice,
a participating surety or the surety’s
agent may, via a CBP-approved
Electronic Data Interchange (EDI),
transmit limited changes to the terms
and conditions of an active continuous
eBond that are contractually binding on
the principal(s) and surety(ies). At this
time, such changes include:
(1) Transmitting an addition eBond
rider (clarified below to be a User
Addition eBond rider);
(2) Transmitting a deletion eBond
rider (clarified below to be a User
Deletion eBond rider);
(3) Transmitting a reconciliation
eBond rider;
(4) Terminating a reconciliation
eBond rider;
(5) Transmitting a U.S. Virgin Islands
eBond rider; and
(6) Terminating the eBond.
This notice announces a modification
to the eBond test whereby a
participating surety or the surety’s agent
may also transmit, via EDI, the same
types of limited changes to the terms
and conditions of an active paper
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]]>Agencies
[Federal Register Volume 80, Number 4 (Wednesday, January 7, 2015)]
[Notices]
[Pages 893-899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00031]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2550-14; DHS Docket No. USCIS-2007-0028]
RIN 1615-ZB36
Extension of the Designation of El Salvador for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of El Salvador for Temporary Protected Status
(TPS) for 18 months from March 10, 2015, through September 9, 2016.
The extension allows currently eligible TPS beneficiaries to retain
TPS through September 9, 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 El Salvador
that prompted the TPS designation continue to be met. There continues
to be a substantial, but temporary, disruption of living conditions in
El Salvador resulting from a series of earthquakes in 2001, and El
Salvador remains unable, temporarily, to handle adequately the return
of its nationals.
Through this Notice, DHS also sets forth procedures necessary for
nationals of El Salvador (or aliens having no nationality who last
habitually resided in El Salvador) to re-register for TPS and to apply
for renewal of their Employment Authorization Documents (EADs) with
U.S. Citizenship and Immigration Services (USCIS). Re-registration is
limited to persons who have previously registered for TPS under the
designation of El Salvador and whose applications have been granted.
Certain nationals of El Salvador (or aliens having no nationality who
last habitually resided in El Salvador) who have not previously applied
for TPS may be eligible to apply under the late initial registration
provisions, if they meet: (1) At least one of the late initial filing
criteria; and, (2) all TPS eligibility criteria (including continuous
residence in the United States since February 13, 2001, and continuous
physical presence in the United States since March 9, 2001).
For individuals who have already been granted TPS under the El
Salvador designation, the 60-day re-registration period runs from
January 7, 2015 through March 9, 2015. USCIS will issue new EADs with a
September 9, 2016 expiration date to eligible El Salvador 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 March 9,
2015. Accordingly, through this Notice, DHS automatically extends the
validity of EADs issued under the TPS designation of El Salvador for 6
months, through September 9, 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 El Salvador is
effective March 10, 2015, and will remain in effect through September
9, 2016. The 60-day re-registration period runs from January 7, 2015
through March 9, 2015March 9, 2015. (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 El Salvador for TPS by
selecting ``TPS Designated Country: El Salvador'' from the menu on the
left of the TPS Web page.
You can also contact the TPS Operations Program Manager at
the Family and Status Branch, Service Center Operations Directorate,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by
phone at (202) 272-1533 (this is not a toll-free number). Note: The
phone number provided here is solely for questions regarding this TPS
Notice. It is not for individual case status 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
USCIS--U.S. Citizenship and Immigration Services
[[Page 894]]
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 are
authorized to work and obtain EADs, 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
through a separate Federal Register notice, beneficiaries return to the
same immigration status they maintained before TPS, if any (unless that
status has since expired or been terminated), or to any other lawfully
obtained immigration status they received while registered for TPS.
When was El Salvador designated for TPS?
On March 9, 2001, the Attorney General designated El Salvador for
TPS based on an environmental disaster within that country,
specifically the devastation resulting from a series of earthquakes
that occurred in 2001. See Designation of El Salvador Under Temporary
Protected Status, 66 FR 14214 (Mar. 9, 2001). The Secretary last
announced an extension of TPS for El Salvador on May 30, 2013, based on
her determination that the conditions warranting the designation
continued to be met. See Extension of the Designation of El Salvador
for Temporary Protected Status, 78 FR 32418 (May 30, 2013). This
announcement is the tenth extension of TPS for El Salvador since the
original designation in 2001.
What authority does the Secretary of Homeland Security have to extend
the designation of El Salvador for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate 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).
---------------------------------------------------------------------------
\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 may be extended for an additional period of 6, 12, or
18 months. See section 244(b)(3)(C) of the INA, 8 U.S.C.
1254a(b)(3)(C). If the Secretary determines that the foreign state no
longer meets the conditions for TPS designation, the Secretary must
terminate the designation. See INA section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for El Salvador
through September 9, 2016?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in El Salvador. Based on this review and
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the disruption in living
conditions in affected areas of El Salvador resulting from the
environmental disaster that prompted the March 9, 2001 designation
persists.
El Salvador was originally designated for Temporary Protected
Status following a series of major earthquakes and aftershocks in early
2001. The first, on January 13, registered at 7.6 in magnitude on the
standard seismic scale; the second, on February 13, measured 6.6 in
magnitude. Together they killed over 1,000 people, caused approximately
8,000 injuries, and affected approximately 1.5 million people. Of 262
municipalities in El Salvador, 165 suffered serious damage in the first
quake, while the second quake hit the departments of La Paz, San
Vicente, and Cuscatl[aacute]n the hardest. The earthquakes caused
significant damage to homes, hospitals, schools, and transportation
systems.
The 2001 earthquakes damaged or destroyed 276,594 housing units. A
2012 study by the El Salvador Ministry of Economy indicated the
national housing deficit was at 446,000, a profound deficit for a
country of 6.1 million people. This shortage would be exacerbated by
the return of thousands of Salvadoran nationals currently residing in
the United States under TPS.
The National Water Institution estimated that 40 to 50 percent of
the Salvadoran population lacked potable water access due to damages to
the water and electrical systems in the aftermath of the 2001
earthquakes. Over 10 percent of El Salvador's total population, mostly
in rural areas, still lacks access to drinking water. Water
contamination and scarcity are of particular concern in the San
Salvador metropolitan area, threatening human health and productivity,
as well as generating social conflict. According to the El Salvador
Ministry of Environment, only 5 percent of El Salvador's surface water
is considered treatable for drinking purposes. El Salvador's 59
principal wetland areas have been degraded and polluted by solid waste,
untreated waste water, agrochemicals, and unsustainable resource
extraction practices. According to El Salvador's public water utility,
over 278 million cubic meters of wastewater are produced annually.
Subsequent environmental disasters since the 2001 earthquakes have
caused significant damage to infrastructure, disrupting recovery
efforts. In 2005, tropical storm Stan caused widespread flooding,
landslides, and destruction of homes and crops throughout the country.
A series of earthquakes in western El Salvador in 2006 resulted in the
temporary displacement of 2,000 families. Storms in 2009 (Ida) and 2010
(Agatha) killed over 200 people, left 78 people unaccounted for,
damaged over 1,500 houses, and affected 120,000 Salvadorans. Severe
infrastructural damage amounted to $343 million, of which more than
half was related to roadways and bridges. In October 2011, tropical
depression 12-E brought 10 days of heavy rain to El Salvador. The storm
caused an estimated $840 million in damage, flooding 20,000 homes,
damaging 18 roads and 21 bridges, and resulting in heavy agricultural
losses. These three storms caused an estimated $1.3 billion in damage,
a figure equal to 5 percent of the country's total 2012 gross domestic
product. In June 2013, Tropical Storm Barry caused flooding in El
Salvador, and in December 2013, the eruption of the Chaparrastique
volcano located in eastern El Salvador forced thousands of people
within a 2-mile radius to evacuate their homes. These environmental
disasters, as well as
[[Page 895]]
others not detailed herein, have caused substantial setbacks to
infrastructure recovery and development since the 2001 earthquakes.
El Salvador is currently experiencing the effects of a severe
regional drought that is impacting food security. In August 2014, the
Famine Early Warning Systems Network reported that rainfall deficits in
eastern areas of El Salvador began in late June 2014, and rainfall
accumulation in the affected areas is 50 to 75 percent below average.
The Famine Early Warning Systems Network has also stated that ``[t]his
dryness is the worst in 10 years, including the El Ni[ntilde]o year of
2009,'' and ``. . . losses incurred by subsistence farmers located in
the worst-affected areas are expected to exceed 70 percent.'' In
addition to the effects of the drought, a leaf rust epidemic has
affected 74 percent of coffee plants in El Salvador, causing a loss of
millions of dollars in coffee production, as well as the loss of over
300,000 jobs in that sector.
Economic losses from the earthquakes were reported to be as high as
$2.6 billion, almost 15 percent of El Salvador's gross domestic
product. El Salvador's economy continues to experience significant
challenges. Most analysts expect El Salvador's gross domestic product
to grow 1.6 to 1.8 percent in 2014, approximately half the rate of its
regional neighbors. According to a 2013 Social Panorama of Latin
America Report issued by the European Commission for Latin America and
the Caribbean, almost half of all Salvadorans (45.3 percent) live in
poverty. It is estimated that over a third of the country's workforce
is underemployed or not able to find full-time work. In light of the
highly problematic economic situation, a large influx of returning
citizens at this time would overwhelm the labor market and the
government's fiscal ability to extend basic services to its citizens.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the March 9, 2001 designation
of El Salvador for TPS continue to be met. See INA sections
244(b)(1)(B), (b)(3)(A) and (C), 8 U.S.C. 1254a(b)(1)(B), (b)(3)(A) and
(C).
There continues to be a substantial, but temporary,
disruption in living conditions in El Salvador as a result of an
environmental disaster. See INA section 244(b)(1)(B)(i), 8 U.S.C.
1254a(b)(1)(B)(i).
El Salvador continues to be unable, temporarily, to handle
adequately the return of its nationals (or aliens having no nationality
who last habitually resided in El Salvador). See INA section
244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii).
The designation of El Salvador for TPS should be extended
for an additional 18-month period from March 10, 2015 through September
9, 2016. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
There are approximately 204,000 current El Salvador 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 El Salvador
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 El Salvador for TPS in 2001 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 designation of El Salvador for TPS
for 18 months from March 10, 2015, through September 9, 2016. See INA
sections 244(b)(2) and (b)(3), 8 U.S.C. 1254a(b)(2) and (b)(3).
Jeh Charles Johnson,
Secretary.
Required Application Forms and Application Fees To Register or Re-
register for TPS
To register or re-register for TPS based on the designation of El
Salvador, an applicant must submit each of the following two
applications:
1. Application for Temporary Protected Status (Form I-821).
If you are filing an application for late initial
registration, you must pay the fee for the Application for Temporary
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and
information on late initial filing on the USCIS TPS Web page at https://www.uscis.gov/tps.
If you are filing an application for re-registration, you
do not need to pay the fee for the Application for Temporary Protected
Status (Form I-821). See 8 CFR 244.17. and
2. Application for Employment Authorization (Form I-765).
If you are applying for late initial registration and want
an EAD, you must pay the fee for the Application for Employment
Authorization (Form I-765) only if you are age 14 through 65. No fee
for the Application for Employment Authorization (Form I-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-
[[Page 896]]
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 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
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
Are applying for re-registration and U.S. Postal Service: U.S.
you live in the following states/ Citizenship and Immigration
territories: Services, Attn: TPS El
Salvador, P.O. Box 8635,
Chicago, IL 60680-8635.
Connecticut, Delaware, Florida, Non-U.S. Postal Delivery
Georgia, Illinois, Indiana, Kentucky, Service: U.S. Citizenship and
Maine, Maryland, Massachusetts, Immigration Services, Attn:
Michigan, New Hampshire, New Jersey, TPS El Salvador, 131 S.
North Carolina, Ohio, Pennsylvania, Dearborn--3rd Floor, Chicago,
Rhode Island, South Carolina, Vermont, IL 60603-5517.
Virginia, Washington DC, West Virginia.
Are applying for re-registration and U.S. Postal Service: U.S.
you live in the following states/ Citizenship and Immigration
territories: Services, Attn: TPS El
Salvador, P.O. Box 660864,
Dallas, TX 75266.
Alabama, Alaska, American Samoa, Non-U.S. Postal Delivery
Arkansas, Colorado, Guam, Hawaii, Service: U.S. Citizenship and
Idaho, Iowa, Kansas, Louisiana, Immigration Services, Attn:
Minnesota, Mississippi, Missouri, TPS El Salvador, 2501 S. State
Montana, Nebraska, New Mexico, New Highway, 121 Business Suite
York, North Dakota, Northern Mariana 400, Lewisville, TX 75067.
Islands, Oklahoma, Puerto Rico, South
Dakota, Tennessee, Texas, Utah, Virgin
Islands, Wisconsin, Wyoming.
Are applying for re-registration and U.S. Postal Service: U.S.
you live in the following states:. Citizenship and Immigration
Services, Attn: TPS El
Salvador, P.O. Box 21800,
Phoenix, AZ 85036.
Arizona, California, Nevada, Oregon, Non-U.S. Postal Delivery
Washington. Service: U.S. Citizenship and
Immigration Services, Attn:
TPS El Salvador, 1820 E.
Skyharbor Circle S, Suite 100,
Phoenix, AZ 85034.
Are applying for the first time as a U.S. Postal Service: U.S.
late initial registration (this is for Citizenship and Immigration
all states/territories). Services, Attn: TPS El
Salvador, P.O. Box 8635,
Chicago, IL 60680-8635, Non-US
Postal Delivery Service: U.S.
Citizenship and Immigration
Services, Attn: TPS El
Salvador, 131 S. Dearborn--3rd
Floor, Chicago, IL 60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA), and you wish to request an EAD, or are
re-registering for the first time following a grant of TPS by 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. Upon receiving a Notice of Action (Form I-797) from
USCIS, please send an email to TPSijgrant.vsc@uscis.dhs.gov with the
receipt number and state that you submitted a re-registration and/or
request for an EAD based on an IJ/BIA grant of TPS. You can find
detailed information on what further information you need to email and
the email addresses on the USCIS TPS Web page at https://www.uscis.gov/tps.
E-Filing
If you are re-registering for TPS during the re-registration period
and you do not need to submit any supporting documents or evidence, you
are eligible to file your applications electronically. For more
information on e-filing, please visit 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 September 9, 2015?
Provided that you currently have TPS under the designation of El
Salvador, this Notice automatically extends your EAD by 6 months if
you:
Are a national of El Salvador (or an alien having no
nationality who last habitually resided in El Salvador);
Received an EAD under the last extension of TPS for El
Salvador; and
Have an EAD with a marked expiration date of March 9,
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
September 9, 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
[[Page 897]]
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 March 9, 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 September 9, 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 September 9, 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 March 9, 2015, 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
March 9, 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
September 9, 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 September 9, 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 Salvadoran 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 Salvadoran citizenship when
completing Employment Eligibility Verification (Form I-9) for new hires
or reverifying the employment authorization of current employees. If
presented with EADs that 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 September 9, 2015, for purposes of employment
authorization?
After September 9, 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 September 9, 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 September 9,
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 (September
9, 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 (September 9, 2015).
By September 9, 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
[[Page 898]]
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 ``September 9, 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 ``September 9, 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 September 9, 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 September 9, 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 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 status, 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 federal or state government
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.
[[Page 899]]
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 to correct records under the Freedom of Information Act 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. 2015-00031 Filed 1-6-15; 8:45 am]
BILLING CODE 9111-97-P
