Designation of Nepal for Temporary Protected Status, 36346-36350 [2015-15576]

Download as PDF 36346 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices National Institutes of Health National Institute on Aging; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: National Institute on Aging Special Emphasis Panel; Tracking the Life Course. Date: July 31, 2015. Time: 11:00 a.m. to 2:00 p.m. Agenda: To review and evaluate grant applications. Place: National Institute on Aging, Gateway Building, Suite 2C212, 7201 Wisconsin Avenue, Bethesda, MD 20892, (Telephone Conference Call). Contact Person: Kimberly Firth, Ph.D., National Institutes of Health, National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892, 301–402–7702, firthkm@ mail.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS) Dated: June 18, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2015–15443 Filed 6–23–15; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2568–15; DHS Docket No. USCIS– 2015–0003] tkelley on DSK3SPTVN1PROD with NOTICES RIN 1615–ZB39 Designation of Nepal for Temporary Protected Status U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Notice. AGENCY: VerDate Sep<11>2014 16:43 Jun 23, 2015 Jkt 235001 Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated Nepal for Temporary Protected Status (TPS) for a period of 18 months, effective June 24, 2015 through December 24, 2016. Under section 244(b)(1)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1254a(b)(1)(B), the Secretary is authorized to designate a foreign state (or any part thereof) for TPS upon finding that the foreign state has experienced an earthquake resulting in a substantial, but temporary, disruption of living conditions. This designation allows eligible Nepalese nationals (and aliens having no nationality who last habitually resided in Nepal) who have continuously resided in the United States since June 24, 2015, and have been continuously physically present in the United States since June 24, 2015 to be granted TPS. This Notice also describes the other eligibility criteria applicants must meet. Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on June 24, 2015 and ends on December 21, 2015. They may also apply for Employment Authorization Documents (EAD) and for travel authorization. Through this Notice, DHS also sets forth the procedures for nationals of Nepal (or aliens having no nationality who last habitually resided in Nepal) to apply for TPS, EADs, and travel authorization with U.S. Citizenship and Immigration Services (USCIS). DATES: This designation of Nepal for TPS is effective on June 24, 2015 and will remain in effect through December 24, 2016. The 180-day registration period for eligible individuals to submit TPS applications begins June 24, 2015, and will remain in effect through December 21, 2015. 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 designation of Nepal for TPS by selecting ‘‘TPS Designated Country: Nepal’’ 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 SUMMARY: DEPARTMENT OF HEALTH AND HUMAN SERVICES PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 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). • 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 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 What is Temporary Protected Status (TPS)? • TPS is a temporary immigration status granted to eligible nationals of a country designated for TPS under the INA, or to eligible persons without nationality who last habitually resided in the designated country. • During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and are authorized to work and to obtain EADs, so long as they continue to meet the requirements of TPS. • TPS beneficiaries may be granted travel authorization as a matter of discretion. • The granting of TPS does not result in or lead to lawful permanent resident status. • To qualify for TPS, beneficiaries must meet the eligibility standards at INA section 244(c)(2). • 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. What authority does the Secretary have to designate Nepal for TPS? Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the Secretary, E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices after consultation with appropriate U.S. Government (Government) agencies, to designate a foreign state (or part thereof) for TPS if the Secretary finds that certain country conditions exist.1 The Secretary can designate a foreign state for TPS if the Secretary determines that one or more of three bases exist. One basis is if the Secretary finds that ‘‘. . . (i) there has been an earthquake, flood, drought, epidemic, or other environmental disaster in the state resulting in a substantial, but temporary, disruption of living conditions in the area affected, (ii) the foreign state is unable, temporarily, to handle adequately the return to the state of aliens who are nationals of the state, and (iii) the foreign state officially has requested designation for TPS. . . .’’ INA section 244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B). Following the designation of a foreign state for TPS, the Secretary may then grant TPS to eligible nationals of that foreign state (or eligible 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). Applicants must demonstrate that they satisfy all eligibility criteria, including that they have been ‘‘continuously physically present’’ in the United States since the effective date of the designation, which is either the date of the Federal Register Notice announcing the designation or such later date as the Secretary may determine, and that they have ‘‘continuously resided’’ in the United States since such date as the Secretary may designate. See INA sections 244(a)(1)(A), (b)(2)(A), (c)(1)(A)(i–ii); 8 U.S.C. 1254a(a)(1)(A), (b)(2)(A), (c)(1)(A)(i–ii). Why is the Secretary designating Nepal for TPS through December 24, 2016? tkelley on DSK3SPTVN1PROD with NOTICES On April 25, 2015, a magnitude 7.8 earthquake struck Nepal. The earthquake’s epicenter was less than 50 miles from the capital city, Kathmandu, and Pokhara, another major city in central Nepal. Approximately 25 to 33 percent of Nepal’s population (over 8 million people) in 39 of Nepal’s 75 districts has been affected by the earthquake. There have been numerous aftershocks since the April 25 earthquake, with the strongest striking on May 12 and measuring magnitude 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). VerDate Sep<11>2014 18:03 Jun 23, 2015 Jkt 235001 7.3. The May 12 aftershock contributed to additional casualties and resulted in the collapse of some buildings that had suffered damage in the April 25 earthquake. The earthquake and its aftershocks have caused over 8,700 fatalities and more than 20,000 injuries, displaced millions of people, and resulted in destruction or significant damage to over 750,000 homes. The UN estimates 2.8 million people are in need of humanitarian assistance. The earthquake severely damaged much of the country’s infrastructure in the affected areas, including the capital of Kathmandu. Earthquake-related rubble litters urban population centers, and many roads have been destroyed or rendered impassable. Infrastructure damage from the earthquake has jeopardized food security, with over 1.4 million people estimated to be in need of food assistance. Displaced persons have varying access to basic services, such as shelter, water, sanitation, and hygiene and many continue to live outdoors. Medical care was also affected by the earthquake, with over 25 hospitals damaged and more than 900 village health facilities rendered nonfunctional. At least 950,000 children in Nepal are at risk of being unable to return to school or are learning in temporary structures because their schools have been destroyed, damaged. The institutional capacity of the Nepalese government to respond to the immediate effects of the earthquake alone is low. The April 25 earthquake and its aftershocks caused enormous damage in Nepal’srural areas that are difficult to access because of the mountainous terrain and limited numbers of undamaged roads. With the 2015 monsoon season starting this month, remote areas will face additional threats, including landslides and flooding, and providing aid to them may become more difficult. Based upon review of these conditions and after consultation with appropriate Government agencies, the Secretary has determined that: • There has been an earthquake, flood, drought, epidemic, or other environmental disaster in Nepal resulting in a substantial, but temporary, disruption of living conditions in the area affected. See INA section 244(b)(1)(B)(i), 8 U.S.C. 1254a(b)(1)(B)(i); • Nepal is unable, temporarily, to handle adequately the return of aliens who are nationals of Nepal. See INA section 244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii); • Nepal has officially requested designation for TPS. See INA section PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 36347 244(b)(1)(B)(iii), 8 U.S.C. 1254a(b)(1)(B)(iii); • The designation of Nepal for TPS will be for an 18-month period from June 24, 2015 through December 24, 2016. See INA section 244(b)(2), 8 U.S.C. 1254a(b)(2); • The date by which applicants for TPS under the designation of Nepal must demonstrate that they have continuously resided in the United States is June 24, 2015. See INA section 244(c)(1)(A)(ii), 8 U.S.C. 1254a(c)(1)(A)(ii); • The date by which applicants for TPS under the designation of Nepal must demonstrate that they have been continuously physically present in the United States is June 24, 2015, the effective date of this designation of Nepal for TPS. INA sections 244(b)(2)(A), (c)(1)(A)(i), 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i); and • An estimated 10,000 to 25,000 nationals of Nepal (and persons without nationality who last habitually resided in Nepal) are (or are likely to become) eligible for TPS under this designation. INA section 244(b)(1), 8 U.S.C. 1254a(b)(1). This estimate is based on the total number of Nepalese nationals believed to be in the United States in a nonimmigrant status or without lawful immigration status. Notice of the Designation of Nepal for TPS By the authority vested in me as Secretary under INA section 244, 8 U.S.C. 1254a, after consultation with the appropriate Government agencies, I designate Nepal for TPS under INA section 244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B), for a period of 18 months from June 24, 2015 through December 24, 2016. Jeh Charles Johnson, Secretary. Required Application Forms and Application Fees To Register for TPS To register for TPS for Nepal, an applicant must submit each of the following two applications: 1. Application for Temporary Protected Status (Form I–821) with the form fee; and 2. Application for Employment Authorization (Form I–765). • For administrative purposes, an applicant must submit an Application for Employment Authorization (Form I– 765) even if no EAD is requested. • If you want an EAD you must pay the Application for Employment Authorization (Form I–765) fee only if you are age 14 through 65. • No fee for Application for Employment Authorization (Form I– E:\FR\FM\24JNN1.SGM 24JNN1 36348 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices 765) is required if you are not requesting an EAD with an initial TPS application. Additionally, no fee is required if you are requesting an EAD and you are under the age of 14 or over the age of 65. You must submit both completed application forms together. If you are unable to pay the required fees, you may apply for a waiver for these application fees and/or the biometrics services fee described below by completing a Request for Fee Waiver (Form I–912), or submitting a personal letter requesting a fee waiver, and 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 Application for Temporary Protected Status (Form I–821), Application for Employment Authorization (Form I–765), and biometric services are also described in 8 CFR 103.7(b). tkelley on DSK3SPTVN1PROD with NOTICES 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 request 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 TPS Application After Receiving a Denial of a Fee Waiver Request If you request a fee waiver when filing your TPS and EAD application forms and your request is denied, you may refile your application packet with the correct fees before the filing deadline of December 21, 2015. If you attempt to submit your application with a fee waiver request before the initial filing deadline, but you receive your application back with the USCIS fee waiver denial, and there are fewer than 45 days before the filing deadline (or the deadline has passed), you may still refile your application within the 45day period after the date on the USCIS fee waiver denial notice. You must include the correct fees or file a new fee waiver request. Your application will not be rejected even if the deadline has passed, provided it is mailed within those 45 days and all other required VerDate Sep<11>2014 18:03 Jun 23, 2015 Jkt 235001 information for the application is included. Please be aware that if you refile your TPS application packet with a new fee waiver request after the deadline based on this guidance and that new fee waiver request is denied, you cannot re-file again. Note: Alternatively, you may pay the TPS application fee and biometrics fee (if age 14 or older) but wait to request an EAD and pay the EAD application fee after USCIS grants your TPS application. Mailing Information Mail your application for TPS to the proper address in Table 1. TABLE 1—MAILING ADDRESSES If you: Then mail your application to: Would like to send your application by U.S. Postal Service. Would like to send your application by non-U.S. Postal Service courier. USCIS, P.O. Box 7555, Chicago, IL 60680. Attn: Nepal TPS, 131 S. Dearborn 3rd Floor, Chicago, IL 60603. If you were granted TPS by an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA), and you wish to request an EAD, please mail your application to the appropriate mailing address in Table 1. After you submit your EAD application and receive a USCIS receipt number, please send an email to the Service Center handling your application. The email should include the receipt number and state that you submitted a request for an EAD based on an IJ/BIA grant of TPS. This will aid in the verification of your grant of TPS and processing of your EAD application, as USCIS may not have received records of your grant of TPS by either the IJ or the BIA. To obtain additional information, including the email address of the appropriate Service Center, you may go to the USCIS TPS Web page at https://www.uscis.gov/ tps. E-Filing You cannot electronically file your application packet when applying for initial registration for TPS. Please mail your application packet to the mailing address listed in Table 1. Supporting Documents What type of basic supporting documentation must I submit? To meet the basic eligibility requirements for TPS, you must submit evidence that you: • Are a national of Nepal or an alien having no nationality who last habitually resided in Nepal. Such PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 documents may include a copy of your passport if available, other documentation issued by the Government of Nepal showing your nationality (e.g., national identity card, official travel documentation issued by the Government of Nepal), and/or your birth certificate with English translation accompanied by photo identification. USCIS will also consider certain forms of secondary evidence supporting your Nepalese nationality. If the evidence presented is insufficient for USCIS to make a determination as to your nationality, USCIS may request additional evidence. If you cannot provide a passport, birth certificate with photo identification, or a national identity document with your photo or fingerprint, you must submit an affidavit showing proof of your unsuccessful efforts to obtain such documents and affirming that you are a national of Nepal. However, please be aware that an interview with an immigration officer will be required if you do not present any documentary proof of identity or nationality or if USCIS otherwise requests a personal appearance. See 8 CFR 103.2(b)(9), 244.9(a)(1); • Have continuously resided in the United States since June 24, 2015. See INA section 244(c)(1)(A)(ii); 8 U.S.C. 1254a(c)(1)(A)(ii); 8 CFR 244.9(a)(2); and • Have been continuously physically present in the United States since June 24, 2015, the effective date of the designation of Nepal. See INA sections 244(b)(2)(A), (c)(1)(A)(i);8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i). You must also submit two color passport-style photographs of yourself. The filing instructions on the Application for Temporary Protected Status (Form I–821) list all the documents needed to establish basic eligibility for TPS. You may also find information on the acceptable documentation and other requirements for applying for TPS on the USCIS Web site at www.uscis.gov/tps under ‘‘TPS Designated Country: Nepal.’’ Do I need to submit additional supporting documentation? If one or more of the questions listed in Part 4, Question 2 of the Application for Temporary Protected Status (Form I– 821) applies to you, then you must submit an explanation on a separate sheet(s) of paper and/or additional documentation. Depending on the nature of the question(s) you are addressing, additional documentation alone may suffice, but usually a written explanation will also be needed. E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices Employment Authorization Document (EAD) How can I obtain information on the status of my EAD request? To obtain case status information about your TPS application, including the status of a request for an EAD, you 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). If your Form I–765 Application for Employment Authorization has been pending for more than 90 days, and you still need assistance, you may request an EAD inquiry appointment with USCIS by using the InfoPass system at https:// infopass.uscis.gov. However, we strongly encourage you first to check Case Status Online or call the USCIS National Customer Service Center for assistance before making an InfoPass appointment. tkelley on DSK3SPTVN1PROD with NOTICES 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 ‘‘List 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 the 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; the receipt for the application for replacement of a lost, stolen, or damaged employment authorization document is acceptable. A receipt for the application for an initial or renewal employment authorization is not an acceptable receipt. An EAD is an acceptable document under ‘‘List A.’’ Employers may not reject a document based on a future expiration date. VerDate Sep<11>2014 16:43 Jun 23, 2015 Jkt 235001 Can my employer require that I produce any other documentation to prove my current TPS status, such as proof of my Nepalese citizenship or proof that I have registered for TPS? No. When completing the 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 Nepalese citizenship or proof of TPS registration when completing the Employment Eligibility Verification (Form I–9) for new hires or reverifying the employment authorization of current employees. If presented with EADs that are unexpired on their face, employers should accept such EADs as valid ‘‘List A’’ documents so long as the EADs reasonably appear to be genuine and to relate to the employee. Refer to the ‘‘Note to All Employees’’ section for important information about your rights if your employer rejects lawful documentation, requires additional documentation, or otherwise discriminates against you because of your citizenship status, immigration status, or national origin. Note to All Employers Employers are reminded that the laws requiring proper employment eligibility verification and prohibiting unfair immigration-related employment practices remain in full force. This Notice does not supersede or in any way limit applicable employment verification rules and policy guidance, including those rules setting forth reverification requirements. For general questions about the employment eligibility verification process, employers may call 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 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 36349 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 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 who believes he or she was discriminated against by an employer in the E-Verify process based on citizenship status, E:\FR\FM\24JNN1.SGM 24JNN1 36350 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES immigration status, or 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, 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 EAD that has a valid expiration date; (2) A copy of your Notice of Action (Form I–797C) showing approval for TPS, if you receive one from USCIS. 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. 2015–15576 Filed 6–23–15; 8:45 am] BILLING CODE 9111–97–P VerDate Sep<11>2014 16:43 Jun 23, 2015 Jkt 235001 DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615–0051] Agency Information Collection Activities: Monthly Report on Naturalization Papers, Form N–4, Extension, Without Change, of a Currently Approved Collection U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: 60-Day Notice. AGENCY: DHS, USCIS invites the general public and other Federal agencies to comment upon this proposed extension of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (i.e. the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments. DATES: Comments are encouraged and will be accepted for 60 days until August 24, 2015. ADDRESSES: All submissions received must include the OMB Control Number 1615–0051 in the subject box, the agency name and Docket ID USCIS– 2005–0032. To avoid duplicate submissions, please use only one of the following methods to submit comments: (1) Online. Submit comments via the Federal eRulemaking Portal Web site at www.regulations.gov under e-Docket ID number USCIS–2005–0032; (2) Email. Submit comments to USCISFRComment@uscis.dhs.gov; (3) Mail. Submit written comments to DHS, USCIS, Office of Policy and Strategy, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW., Washington, DC 20529–2140. FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Laura Dawkins, Chief, 20 Massachusetts Avenue NW., Washington, DC 20529– 2140, telephone number 202–272–8377 (comments are not accepted via telephone message). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. SUMMARY: PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 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). SUPPLEMENTARY INFORMATION: Comments: You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: https://www.regulations.gov and enter USCIS–2005–0032 in the search box. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at https://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of https://www.regulations.gov. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Extension, Without Change, of a Currently Approved Collection. E:\FR\FM\24JNN1.SGM 24JNN1

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[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36346-36350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15576]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2568-15; DHS Docket No. USCIS-2015-0003]
RIN 1615-ZB39


Designation of Nepal 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) has 
designated Nepal for Temporary Protected Status (TPS) for a period of 
18 months, effective June 24, 2015 through December 24, 2016. Under 
section 244(b)(1)(B) of the Immigration and Nationality Act (INA), 8 
U.S.C. 1254a(b)(1)(B), the Secretary is authorized to designate a 
foreign state (or any part thereof) for TPS upon finding that the 
foreign state has experienced an earthquake resulting in a substantial, 
but temporary, disruption of living conditions.
    This designation allows eligible Nepalese nationals (and aliens 
having no nationality who last habitually resided in Nepal) who have 
continuously resided in the United States since June 24, 2015, and have 
been continuously physically present in the United States since June 
24, 2015 to be granted TPS. This Notice also describes the other 
eligibility criteria applicants must meet.
    Individuals who believe they may qualify for TPS under this 
designation may apply within the 180-day registration period that 
begins on June 24, 2015 and ends on December 21, 2015. They may also 
apply for Employment Authorization Documents (EAD) and for travel 
authorization. Through this Notice, DHS also sets forth the procedures 
for nationals of Nepal (or aliens having no nationality who last 
habitually resided in Nepal) to apply for TPS, EADs, and travel 
authorization with U.S. Citizenship and Immigration Services (USCIS).

DATES: This designation of Nepal for TPS is effective on June 24, 2015 
and will remain in effect through December 24, 2016. The 180-day 
registration period for eligible individuals to submit TPS applications 
begins June 24, 2015, and will remain in effect through December 21, 
2015.

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 designation of Nepal for TPS by 
selecting ``TPS Designated Country: Nepal'' 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).
     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
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

What is Temporary Protected Status (TPS)?

     TPS is a temporary immigration status granted to 
eligible nationals of a country designated for TPS under the INA, or 
to eligible persons without nationality who last habitually resided 
in the designated country.
     During the TPS designation period, TPS beneficiaries 
are eligible to remain in the United States, may not be removed, and 
are authorized to work and to obtain EADs, so long as they continue 
to meet the requirements of TPS.
     TPS beneficiaries may be granted travel authorization 
as a matter of discretion.
     The granting of TPS does not result in or lead to 
lawful permanent resident status.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(2).
     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.

What authority does the Secretary have to designate Nepal for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary,

[[Page 36347]]

after consultation with appropriate U.S. Government (Government) 
agencies, to designate a foreign state (or part thereof) for TPS if the 
Secretary finds that certain country conditions exist.\1\ The Secretary 
can designate a foreign state for TPS if the Secretary determines that 
one or more of three bases exist. One basis is if the Secretary finds 
that ``. . . (i) there has been an earthquake, flood, drought, 
epidemic, or other environmental disaster in the state resulting in a 
substantial, but temporary, disruption of living conditions in the area 
affected, (ii) the foreign state is unable, temporarily, to handle 
adequately the return to the state of aliens who are nationals of the 
state, and (iii) the foreign state officially has requested designation 
for TPS. . . .'' INA section 244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B).
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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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    Following the designation of a foreign state for TPS, the Secretary 
may then grant TPS to eligible nationals of that foreign state (or 
eligible 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). 
Applicants must demonstrate that they satisfy all eligibility criteria, 
including that they have been ``continuously physically present'' in 
the United States since the effective date of the designation, which is 
either the date of the Federal Register Notice announcing the 
designation or such later date as the Secretary may determine, and that 
they have ``continuously resided'' in the United States since such date 
as the Secretary may designate. See INA sections 244(a)(1)(A), 
(b)(2)(A), (c)(1)(A)(i-ii); 8 U.S.C. 1254a(a)(1)(A), (b)(2)(A), 
(c)(1)(A)(i-ii).

Why is the Secretary designating Nepal for TPS through December 24, 
2016?

    On April 25, 2015, a magnitude 7.8 earthquake struck Nepal. The 
earthquake's epicenter was less than 50 miles from the capital city, 
Kathmandu, and Pokhara, another major city in central Nepal. 
Approximately 25 to 33 percent of Nepal's population (over 8 million 
people) in 39 of Nepal's 75 districts has been affected by the 
earthquake. There have been numerous aftershocks since the April 25 
earthquake, with the strongest striking on May 12 and measuring 
magnitude 7.3. The May 12 aftershock contributed to additional 
casualties and resulted in the collapse of some buildings that had 
suffered damage in the April 25 earthquake. The earthquake and its 
aftershocks have caused over 8,700 fatalities and more than 20,000 
injuries, displaced millions of people, and resulted in destruction or 
significant damage to over 750,000 homes. The UN estimates 2.8 million 
people are in need of humanitarian assistance.
    The earthquake severely damaged much of the country's 
infrastructure in the affected areas, including the capital of 
Kathmandu. Earthquake-related rubble litters urban population centers, 
and many roads have been destroyed or rendered impassable. 
Infrastructure damage from the earthquake has jeopardized food 
security, with over 1.4 million people estimated to be in need of food 
assistance. Displaced persons have varying access to basic services, 
such as shelter, water, sanitation, and hygiene and many continue to 
live outdoors. Medical care was also affected by the earthquake, with 
over 25 hospitals damaged and more than 900 village health facilities 
rendered nonfunctional. At least 950,000 children in Nepal are at risk 
of being unable to return to school or are learning in temporary 
structures because their schools have been destroyed, damaged.
    The institutional capacity of the Nepalese government to respond to 
the immediate effects of the earthquake alone is low.
    The April 25 earthquake and its aftershocks caused enormous damage 
in Nepal'srural areas that are difficult to access because of the 
mountainous terrain and limited numbers of undamaged roads. With the 
2015 monsoon season starting this month, remote areas will face 
additional threats, including landslides and flooding, and providing 
aid to them may become more difficult.
    Based upon review of these conditions and after consultation with 
appropriate Government agencies, the Secretary has determined that:
     There has been an earthquake, flood, drought, epidemic, or 
other environmental disaster in Nepal resulting in a substantial, but 
temporary, disruption of living conditions in the area affected. See 
INA section 244(b)(1)(B)(i), 8 U.S.C. 1254a(b)(1)(B)(i);
     Nepal is unable, temporarily, to handle adequately the 
return of aliens who are nationals of Nepal. See INA section 
244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii);
     Nepal has officially requested designation for TPS. See 
INA section 244(b)(1)(B)(iii), 8 U.S.C. 1254a(b)(1)(B)(iii);
     The designation of Nepal for TPS will be for an 18-month 
period from June 24, 2015 through December 24, 2016. See INA section 
244(b)(2), 8 U.S.C. 1254a(b)(2);
     The date by which applicants for TPS under the designation 
of Nepal must demonstrate that they have continuously resided in the 
United States is June 24, 2015. See INA section 244(c)(1)(A)(ii), 8 
U.S.C. 1254a(c)(1)(A)(ii);
     The date by which applicants for TPS under the designation 
of Nepal must demonstrate that they have been continuously physically 
present in the United States is June 24, 2015, the effective date of 
this designation of Nepal for TPS. INA sections 244(b)(2)(A), 
(c)(1)(A)(i), 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i); and
     An estimated 10,000 to 25,000 nationals of Nepal (and 
persons without nationality who last habitually resided in Nepal) are 
(or are likely to become) eligible for TPS under this designation. INA 
section 244(b)(1), 8 U.S.C. 1254a(b)(1). This estimate is based on the 
total number of Nepalese nationals believed to be in the United States 
in a nonimmigrant status or without lawful immigration status.

Notice of the Designation of Nepal for TPS

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, after consultation with the appropriate Government 
agencies, I designate Nepal for TPS under INA section 244(b)(1)(B), 8 
U.S.C. 1254a(b)(1)(B), for a period of 18 months from June 24, 2015 
through December 24, 2016.

Jeh Charles Johnson,
Secretary.

Required Application Forms and Application Fees To Register for TPS

    To register for TPS for Nepal, an applicant must submit each of the 
following two applications:
    1. Application for Temporary Protected Status (Form I-821) with the 
form fee; and
    2. Application for Employment Authorization (Form I-765).
     For administrative purposes, an applicant must submit an 
Application for Employment Authorization (Form I-765) even if no EAD is 
requested.
     If you want an EAD you must pay the Application for 
Employment Authorization (Form I-765) fee only if you are age 14 
through 65.
     No fee for Application for Employment Authorization (Form 
I-

[[Page 36348]]

765) is required if you are not requesting an EAD with an initial TPS 
application. Additionally, no fee is required if you are requesting an 
EAD and you are under the age of 14 or over the age of 65.
    You must submit both completed application forms together. If you 
are unable to pay the required fees, you may apply for a waiver for 
these application fees and/or the biometrics services fee described 
below by completing a Request for Fee Waiver (Form I-912), or 
submitting a personal letter requesting a fee waiver, and 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 Application for Temporary 
Protected Status (Form I-821), Application for Employment Authorization 
(Form I-765), and biometric services are also described in 8 CFR 
103.7(b).

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 request 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 TPS Application After Receiving a Denial of a Fee Waiver 
Request

    If you request a fee waiver when filing your TPS and EAD 
application forms and your request is denied, you may refile your 
application packet with the correct fees before the filing deadline of 
December 21, 2015. If you attempt to submit your application with a fee 
waiver request before the initial filing deadline, but you receive your 
application back with the USCIS fee waiver denial, and there are fewer 
than 45 days before the filing deadline (or the deadline has passed), 
you may still refile your application within the 45-day period after 
the date on the USCIS fee waiver denial notice. You must include the 
correct fees or file a new fee waiver request. Your application will 
not be rejected even if the deadline has passed, provided it is mailed 
within those 45 days and all other required information for the 
application is included. Please be aware that if you re-file your TPS 
application packet with a new fee waiver request after the deadline 
based on this guidance and that new fee waiver request is denied, you 
cannot re-file again. Note: Alternatively, you may pay the TPS 
application fee and biometrics fee (if age 14 or older) but wait to 
request an EAD and pay the EAD application fee after USCIS grants your 
TPS application.

Mailing Information

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

                       Table 1--Mailing Addresses
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                                             Then mail your application
                  If you:                                to:
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Would like to send your application by      USCIS, P.O. Box 7555,
 U.S. Postal Service.                        Chicago, IL 60680.
Would like to send your application by non- Attn: Nepal TPS, 131 S.
 U.S. Postal Service courier.                Dearborn 3rd Floor,
                                             Chicago, IL 60603.
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    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA), and you wish to request an EAD, please 
mail your application to the appropriate mailing address in Table 1. 
After you submit your EAD application and receive a USCIS receipt 
number, please send an email to the Service Center handling your 
application. The email should include the receipt number and state that 
you submitted a request for an EAD based on an IJ/BIA grant of TPS. 
This will aid in the verification of your grant of TPS and processing 
of your EAD application, as USCIS may not have received records of your 
grant of TPS by either the IJ or the BIA. To obtain additional 
information, including the email address of the appropriate Service 
Center, you may go to the USCIS TPS Web page at https://www.uscis.gov/tps.

E-Filing

    You cannot electronically file your application packet when 
applying for initial registration for TPS. Please mail your application 
packet to the mailing address listed in Table 1.

Supporting Documents

What type of basic supporting documentation must I submit?

    To meet the basic eligibility requirements for TPS, you must submit 
evidence that you:
     Are a national of Nepal or an alien having no nationality 
who last habitually resided in Nepal. Such documents may include a copy 
of your passport if available, other documentation issued by the 
Government of Nepal showing your nationality (e.g., national identity 
card, official travel documentation issued by the Government of Nepal), 
and/or your birth certificate with English translation accompanied by 
photo identification. USCIS will also consider certain forms of 
secondary evidence supporting your Nepalese nationality. If the 
evidence presented is insufficient for USCIS to make a determination as 
to your nationality, USCIS may request additional evidence. If you 
cannot provide a passport, birth certificate with photo identification, 
or a national identity document with your photo or fingerprint, you 
must submit an affidavit showing proof of your unsuccessful efforts to 
obtain such documents and affirming that you are a national of Nepal. 
However, please be aware that an interview with an immigration officer 
will be required if you do not present any documentary proof of 
identity or nationality or if USCIS otherwise requests a personal 
appearance. See 8 CFR 103.2(b)(9), 244.9(a)(1);
     Have continuously resided in the United States since June 
24, 2015. See INA section 244(c)(1)(A)(ii); 8 U.S.C. 
1254a(c)(1)(A)(ii); 8 CFR 244.9(a)(2); and
     Have been continuously physically present in the United 
States since June 24, 2015, the effective date of the designation of 
Nepal. See INA sections 244(b)(2)(A), (c)(1)(A)(i);8 U.S.C. 
1254a(b)(2)(A), (c)(1)(A)(i).
    You must also submit two color passport-style photographs of 
yourself. The filing instructions on the Application for Temporary 
Protected Status (Form I-821) list all the documents needed to 
establish basic eligibility for TPS. You may also find information on 
the acceptable documentation and other requirements for applying for 
TPS on the USCIS Web site at www.uscis.gov/tps under ``TPS Designated 
Country: Nepal.''

Do I need to submit additional supporting documentation?

    If one or more of the questions listed in Part 4, Question 2 of the 
Application for Temporary Protected Status (Form I-821) applies to you, 
then you must submit an explanation on a separate sheet(s) of paper 
and/or additional documentation. Depending on the nature of the 
question(s) you are addressing, additional documentation alone may 
suffice, but usually a written explanation will also be needed.

[[Page 36349]]

Employment Authorization Document (EAD)

 How can I obtain information on the status of my EAD request?

    To obtain case status information about your TPS application, 
including the status of a request for an EAD, you 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). If your Form I-765 Application for Employment 
Authorization has been pending for more than 90 days, and you still 
need assistance, you may request an EAD inquiry appointment with USCIS 
by using the InfoPass system at https://infopass.uscis.gov. However, 
we strongly encourage you first to check Case Status Online or call the 
USCIS National Customer Service Center for assistance before making an 
InfoPass appointment.

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 ``List 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 the 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; the receipt for the application for replacement 
of a lost, stolen, or damaged employment authorization document is 
acceptable. A receipt for the application for an initial or renewal 
employment authorization is not an acceptable receipt. An EAD is an 
acceptable document under ``List A.'' Employers may not reject a 
document based on a future expiration date.

Can my employer require that I produce any other documentation to prove 
my current TPS status, such as proof of my Nepalese citizenship or 
proof that I have registered for TPS?

    No. When completing the 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 Nepalese 
citizenship or proof of TPS registration when completing the Employment 
Eligibility Verification (Form I-9) for new hires or reverifying the 
employment authorization of current employees. If presented with EADs 
that are unexpired on their face, employers should accept such EADs as 
valid ``List A'' documents so long as the EADs reasonably appear to be 
genuine and to relate to the employee. Refer to the ``Note to All 
Employees'' section for important information about your rights if your 
employer rejects lawful documentation, requires additional 
documentation, or otherwise discriminates against you because of your 
citizenship status, immigration status, or national origin.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Notice does not 
supersede or in any way limit applicable employment verification rules 
and policy guidance, including those rules setting forth reverification 
requirements. For general questions about the employment eligibility 
verification process, employers may call 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 
who believes he or she was discriminated against by an employer in the 
E-Verify process based on citizenship status,

[[Page 36350]]

immigration status, or 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, 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 EAD that has a valid expiration date;
    (2) A copy of your Notice of Action (Form I-797C) showing approval 
for TPS, if you receive one from USCIS.
    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. 2015-15576 Filed 6-23-15; 8:45 am]
 BILLING CODE 9111-97-P
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