Designation of Nepal for Temporary Protected Status, 36346-36350 [2015-15576]
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36346
Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices
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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:
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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
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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,
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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).
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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
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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–
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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).
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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
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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
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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.
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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.
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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
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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,
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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
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Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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
------------------------------------------------------------------------
Then mail your application
If you: to:
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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