Extension of the Designation of Haiti for Temporary Protected Status, 51582-51588 [2015-21006]

Agencies

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

[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Notices]
[Pages 51582-51588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21006]



[[Page 51582]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2567-15; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB40


Extension of the Designation of Haiti for Temporary Protected 
Status

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

ACTION: Notice.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Haiti for Temporary Protected Status (TPS) 
for 18 months, from January 23, 2016 through July 22, 2017.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS through July 22, 2017, so long as they otherwise continue to meet 
the eligibility requirements for TPS. The Secretary has determined that 
an extension is warranted because the conditions in Haiti that prompted 
the TPS designation continue to be met. There continue to be 
extraordinary and temporary conditions in that country that prevent 
Haitian nationals (or aliens having no nationality who last habitually 
resided in Haiti) from returning to Haiti in safety.
    Through this Notice, DHS also sets forth procedures necessary for 
nationals of Haiti (or aliens having no nationality who last habitually 
resided in Haiti) to re-register for TPS and to apply for renewal of 
their Employment Authorization Documents (EAD) with U.S. Citizenship 
and Immigration Services (USCIS). Re-registration is limited to persons 
who have previously registered for TPS under the designation of Haiti 
and whose applications have been granted. Certain nationals of Haiti 
(or aliens having no nationality who last habitually resided in Haiti) 
who have not previously applied for TPS may be eligible to apply under 
the late initial registration provisions if they meet (1) at least one 
of the late initial filing criteria, and (2) all TPS eligibility 
criteria (including continuous residence in the United States since 
January 12, 2011, and continuous physical presence in the United States 
since July 23, 2011).
    For individuals who have already been granted TPS under Haiti's 
designation, the 60-day re-registration period runs from August 25, 
2015 through October 26, 2015. USCIS will issue new EADs with a July 
22, 2017 expiration date to eligible Haiti TPS beneficiaries who timely 
re-register and apply for EADs under this extension. Given the 
timeframes involved with processing TPS re-registration applications, 
DHS recognizes that not all re-registrants will receive new EADs before 
their current EADs expire on January 22, 2016. Accordingly, through 
this Notice, DHS automatically extends the validity of EADs issued 
under the TPS designation of Haiti for 6 months, through July 22, 2016, 
and explains how TPS beneficiaries and their employers may determine 
which EADs are automatically extended and their impact on Employment 
Eligibility Verification (Form I-9) and the E-Verify processes.

DATES: The 18-month extension of the TPS designation of Haiti is 
effective January 23, 2016, and will remain in effect through July 22, 
2017. The 60-day re-registration period runs from August 25, 2015 
through October 26, 2015. (Note: It is important for re-registrants to 
timely re-register during this 60-day re-registration period and not to 
wait until their EADs expire.)

Further Information

     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 Haiti's TPS extension by selecting ``TPS 
Designated Country: Haiti'' from the menu on the left side of the TPS 
Web page.
     You can also contact the TPS Operations Program Manager at 
the Waivers and Temporary Services 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
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IDP--Internally Displaced Person
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 Immigration and 
Nationality Act (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 obtain EADs so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also be granted travel authorization 
as a matter of discretion.
     The granting of TPS does not result in or lead to 
permanent resident status.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(2) and 8 CFR 244.2-.4.
     When the Secretary terminates a country's TPS designation, 
beneficiaries return to the same immigration status they maintained 
before TPS, if any (unless that status has since expired or been 
terminated), or to any other lawfully obtained immigration status they 
received while registered for TPS.

When was Haiti designated for TPS?

    On January 21, 2010, the Secretary designated Haiti for TPS based 
on extraordinary and temporary conditions within the country, 
specifically the effects of the 7.0-magnitude earthquake that occurred 
on January 12, 2010. See Designation of Haiti for Temporary Protected 
Status, 75 FR 3476 (Jan. 21, 2010). In 2011, the Secretary both 
extended Haiti's designation and redesignated Haiti for TPS for 18 
months through January 22, 2013. See Extension and Redesignation of 
Haiti for

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Temporary Protected Status, 76 FR 29000 (May 19, 2011). Haiti's 
designation was then extended for an additional 18 months on October 1, 
2012. See Extension of the Designation of Haiti for Temporary Protected 
Status, 77 FR 59943 (October 1, 2012). The Secretary last extended 
Haiti's TPS designation in 2014. Through a notice published in the 
Federal Register on March 3, 2014, the Secretary extended Haiti's 
designation for TPS for 18 months, through January 22, 2016, because 
the conditions warranting the 2011 redesignation continued to be met. 
See Extension of the Designation of Haiti for Temporary Protected 
Status, 79 FR 11808 (March 3, 2014). This announcement is the third 
extension of TPS for Haiti since the 2011 redesignation.

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

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government (Government), to designate a foreign state (or part thereof) 
for TPS if the Secretary determines that certain country conditions 
exist.\1\ The Secretary may then grant TPS to eligible nationals of 
that foreign state (or eligible aliens having no nationality who last 
habitually resided in the designated country). See INA section 
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to DHS ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security 
Act of 2002, tit. XV, section 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in a 
foreign state designated for TPS to determine whether the conditions 
for the TPS designation continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that 
a foreign state continues to meet the conditions for TPS designation, 
the designation may be extended for an additional period of 6, 12, or 
18 months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If 
the Secretary determines that the foreign state no longer meets the 
conditions for TPS designation, the Secretary must terminate the 
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Haiti through 
July 22, 2017?

    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in Haiti. Based on this review and after 
consulting with DOS, the Secretary has determined that an 18-month 
extension is warranted because the extraordinary and temporary 
conditions that led to Haiti's designation continue to exist and 
prevent Haitian nationals (or aliens having no nationality who last 
habitually resided in Haiti) from returning to Haiti in safety.
    Many of the conditions prompting the original January 2010 TPS 
designation and the May 2011 redesignation persist, including a housing 
shortage, a cholera epidemic, limited access to medical care, damage to 
the economy, political instability, security risks, limited access to 
food and water, a heightened vulnerability of women and children, and 
environmental risks. More than 5 years after the earthquake, Haiti 
continues to recover.
    The January 12, 2010 earthquake caused extensive damage to the 
country's physical infrastructure and public health, agricultural, 
housing, transportation, and educational facilities. The Haitian 
government estimates that 105,000 houses were destroyed and 188,383 
houses collapsed or suffered considerable damage. At the peak of the 
displacement, estimates of people internally displaced range from 
approximately 1.5 million to 2.3 million. While most of the earthquake 
related rubble has been cleared, and there have been improvements to 
road conditions, the effort to rebuild damaged buildings has been slow. 
Virtually all government offices and ministries were destroyed in 
downtown Port-au-Prince and, 5 years later, remain housed in temporary 
facilities.
    While the country continues to make progress in relocating people 
made homeless by the 2010 earthquake, estimates by the International 
Organization for Migration in December 2014 put the number of Haitians 
still living in internally displaced person (IDP) camps at 
approximately 80,000 scattered across 105 sites. Basic services 
available to camp residents have deteriorated as IDP camps close and 
funding dries up, with most camps lacking waste management services and 
adequate sanitation facilities--leading to a high risk of cholera 
transmission--and possessing malnutrition rates higher than emergency 
thresholds. Gender-based violence that exists within these informal 
settlement areas continues to be a serious concern and personal 
security is a serious and pervasive issue. While IDP camps are closing, 
Haiti's housing shortage remains far from resolved. Haiti lacks 
sufficient housing units to address its pre-earthquake shortage, 
replace damaged or destroyed units, and satisfy projected urban growth. 
Some Haitians have returned to unsafe homes or built houses in informal 
settlements located in hazardous areas without access to basic 
services.
    Lingering infrastructure damage since the earthquake has also 
impacted food security. Even prior to the 2010 earthquake, Haiti had 
one of the highest rates of hunger and malnutrition in the Western 
Hemisphere, with 45 percent of the population undernourished and 30 
percent of children under 5 suffering from chronic malnutrition. Damage 
from the 2010 earthquake exacerbated Haiti's historic food security 
challenges. An estimated 2.5 million people are unable to cover their 
basic food needs and a January 2015 United Nations report estimated 
that over 600,000 people were facing severe food insecurity.
    Haiti's longstanding public health challenges were exacerbated by 
the January 2010 earthquake and an ongoing cholera epidemic that 
started in October 2010. The introduction of cholera in Haiti shortly 
after the earthquake, and its persistence since then, is mainly due to 
the lack of access to clean water and appropriate sanitation 
facilities. Concerted efforts by Haiti and its partners have reduced 
the number of reported cholera cases in the country, but Haiti 
continues to host the largest cholera epidemic in the Western 
Hemisphere. As of December 2014, the cholera epidemic has affected 
approximately 725,000 people and claimed over 8,800 lives in Haiti 
since October 2010. In January 2015, the U.S. Centers for Disease 
Control and Prevention stated that outbreaks of epidemic diseases still 
occur and that progress has been slow and limited in restoring Haiti's 
physical health infrastructure.
    Haiti's ability to recover has been further constrained by 
political instability. The January 2010 earthquake had an immediate 
impact on governance and the rule of law in Haiti, killing an estimated 
18 percent of the country's civil service and destroying key government 
infrastructure, including the National Palace, 28 of 29 government 
ministry buildings, the National Police headquarters, and various 
judicial facilities. Following the expiration of local and 
parliamentary

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mandates on January 12, 2015, Haiti was left without a functioning 
legislative branch or duly elected local authorities. Increasingly, 
politically and economically motivated protests and demonstrations have 
turned violent.
    Although the Government of Haiti has taken significant steps to 
improve stability and the quality of life for Haitian citizens, Haiti 
continues to lack the adequate infrastructure, health and sanitation 
services, and emergency response capacity necessary to ensure the 
personal safety of Haitian nationals.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     The conditions that prompted the July 23, 2011 
redesignation of Haiti for TPS continue to be met. See INA section 
244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
     There continue to be extraordinary and temporary 
conditions in Haiti that prevent Haitian nationals (or aliens having no 
nationality who last habitually resided in Haiti) from returning to 
Haiti in safety. See INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
     It is not contrary to the national interest of the United 
States to permit Haitians (or aliens having no nationality who last 
habitually resided in Haiti) who meet the eligibility requirements of 
TPS to remain in the United States temporarily. See INA section 
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
     The designation of Haiti for TPS should be extended for an 
18-month period from January 23, 2016 through July 22, 2017. See INA 
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     There are approximately 50,000 current Haiti TPS 
beneficiaries who are expected to file for re-registration under the 
extension.

Notice of Extension of the TPS Designation of Haiti

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate Government agencies, that the conditions that prompted the 
redesignation of Haiti for TPS on July 23, 2011, continue to be met. 
See INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of 
this determination, I am extending the existing designation of Haiti 
for TPS for 18 months, from January 23, 2016 through July 22, 2017. See 
INA section 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and 
(b)(2).

Jeh Charles Johnson,
Secretary.

Required Application Forms and Application Fees To Register or Re-
Register for TPS

    To register or re-register for TPS based on the designation of 
Haiti, an applicant must submit each of the following two applications:

1. Application for Temporary Protected Status (Form I-821)

     If you are filing an application for late initial 
registration, you must pay the fee for the Application for Temporary 
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and 
information on late initial filing on the USCIS TPS Web page at https://www.uscis.gov/tps.
     If you are filing an application for re-registration, you 
do not need to pay the fee for the Application for Temporary Protected 
Status (Form I-821). See 8 CFR 244.17.

2. Application for Employment Authorization (Form I-765)

     If you are applying for late initial registration and want 
an EAD, you must pay the fee for the Application for Employment 
Authorization (Form I-765) only if you are age 14 through 65. No fee 
for the Application for Employment Authorization (Form I-765) is 
required if you are requesting an initial EAD and are under the age of 
14 or over the age of 65 and applying for late initial registration.
     If you are applying for re-registration, you must pay the 
fee for the Application for Employment Authorization (Form I-765) only 
if you want an EAD, regardless of age.
     You do not pay the fee for the Application for Employment 
Authorization (Form I-765) if you are not requesting an EAD, regardless 
of whether you are applying for late initial registration or re-
registration. You must submit both completed application forms 
together. If you are unable to pay for the Application for Employment 
Authorization (Form I-765) and/or biometrics fee, you may apply for a 
fee waiver by completing a Request for Fee Waiver (Form I-912) or 
submitting a personal letter requesting a fee waiver, and by providing 
satisfactory supporting documentation. For more information on the 
application forms and fees for TPS, please visit the USCIS TPS Web page 
at https://www.uscis.gov/tps. Fees for the Application for Temporary 
Protected Status (Form I-821), the Application for Employment 
Authorization (Form I-765), and biometric services are also described 
in 8 CFR 103.7(b)(1)(i).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age or older. Those applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay for the 
biometric services fee, you may apply for a fee waiver by completing a 
Request for Fee Waiver (Form I-912) or by submitting a personal letter 
requesting a fee waiver, and providing satisfactory supporting 
documentation. For more information on the biometric services fee, 
please visit the USCIS Web site at https://www.uscis.gov. If necessary, 
you may be required to visit an Application Support Center to have your 
biometrics captured.

Re-Filing a Re-Registration TPS Application After Receiving a Denial of 
a Fee Waiver Request

    USCIS urges all re-registering applicants to file as soon as 
possible within the 60-day re-registration period so that USCIS can 
process the applications and issue EADs promptly. Filing early will 
also allow those applicants who may receive denials of their fee waiver 
requests to have time to re-file their applications before the re-
registration deadline. If, however, an applicant receives a denial of 
his or her fee waiver request and is unable to re-file by the re-
registration deadline, the applicant may still re-file his or her 
application. This situation will be reviewed to determine whether the 
applicant has established good cause for late re-registration. However, 
applicants are urged to re-file within 45 days of the date on their 
USCIS fee waiver denial notice, if at all possible. See INA section 
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more 
information on good cause for late re-registration, visit the USCIS TPS 
Web page at https://www.uscis.gov/tps. Note: As previously stated, 
although a re-registering TPS beneficiary age 14 and older must pay the 
biometric services fee (but not the initial TPS application fee) when 
filing a TPS re-registration application, the applicant may decide to 
wait to request an EAD, and therefore not pay the Application for 
Employment Authorization (Form I-765) fee until after USCIS has 
approved the individual's TPS re-registration, if he or she is 
eligible. If you choose to do this, you would file the Application for 
Temporary Protected Status (Form I-821) with the fee and the 
Application

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

Mailing Information

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

                       Table 1--Mailing Addresses
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                If . . .                          Mail to . . .
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You live in Florida....................  U.S. Postal Service:
                                         U.S. Citizenship and
                                          Immigration Services,
                                         Attn: Haiti TPS,
                                         P.O. Box 4464,
                                         Chicago, IL 60680.
                                         Non-U.S. Postal Delivery
                                          Service:
                                         U.S. Citizenship and
                                          Immigration Services,
                                         Attn: Haiti TPS,
                                         131 S. Dearborn--3rd Floor,
                                         Chicago, IL 60603.
You live in the State of New York......  U.S. Postal Service:
                                         U.S. Citizenship and
                                          Immigration Services,
                                         Attn: Haiti TPS,
                                         P.O. Box 660167,
                                         Dallas, TX 75266.
                                         Non-U.S. Postal Delivery
                                          Service:
                                         U.S. Citizenship and
                                          Immigration Services,
                                         Attn: Haiti TPS,
                                         2501 S. State Highway, 121
                                          Business Suite 400,
                                         Lewisville, TX 75067.
You live in any other state............  U.S. Postal Service:
                                         U.S. Citizenship and
                                          Immigration Services,
                                         Attn: Haiti TPS,
                                         P.O. Box 24047,
                                         Phoenix, AZ 85074.
                                         Non-U.S. Postal Delivery
                                          Service:
                                         U.S. Citizenship and
                                          Immigration Services,
                                         Attn: Haiti TPS,
                                         1820 E. Skyharbor Circle S,
                                          Suite 100,
                                         Phoenix, AZ 85034.
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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 or are re-
registering for the first time following a grant of TPS by an IJ or the 
BIA, please mail your application to the appropriate mailing address in 
Table 1. Upon receiving a Notice of Action (Form I-797) from USCIS, 
please send an email to the appropriate USCIS Service Center handling 
your application providing the receipt number and stating that you 
submitted a re-registration and/or request for an EAD based on an IJ/
BIA grant of TPS. If your USCIS receipt number begins with the letters 
``LIN,'' please email the Nebraska Service Center at 
TPSijgrant.nsc@uscis.dhs.gov. If your USCIS receipt number begins with 
the letters ``WAC,'' please email the California Service Center at 
TPSijgrant.csc@uscis.dhs.gov. You can find detailed information on what 
further information you need to email and the email addresses on the 
USCIS TPS Web page at https://www.uscis.gov/tps.

E-Filing

    You cannot electronically file your application when re-registering 
or submitting an initial registration for Haiti TPS. Please mail your 
application to the mailing address listed in Table 1.

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.

Am I eligible to receive an automatic 6-month extension of my current 
EAD through July 22, 2016?

    Provided that you currently have TPS under the designation of 
Haiti, this Notice automatically extends your EAD by 6 months if you:
     Are a national of Haiti (or an alien having no nationality 
who last habitually resided in Haiti);
     Received an EAD under the last extension of TPS for Haiti; 
and
     Have an EAD with a marked expiration date of January 22, 
2016, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category.''
    Although this Notice automatically extends your EAD through July 
22, 2016, you must re-register timely for TPS in accordance with the 
procedures described in this Notice if you would like to maintain your 
TPS.

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When hired, what documentation may I show to my employer as proof of 
employment authorization and identity when completing Employment 
Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Employment Eligibility Verification (Form 
I-9). You can find additional detailed information on the USCIS I-9 
Central Web page at https://www.uscis.gov/I-9Central. Employers are 
required to verify the identity and employment authorization of all new 
employees by using Employment Eligibility Verification (Form I-9). 
Within 3 days of hire, an employee must present proof of identity and 
employment authorization to his or her employer.
    You may present any document from List A (reflecting both your 
identity and employment authorization) or one document from List B 
(reflecting identity) together with one document from List C 
(reflecting employment authorization). You may present an acceptable 
receipt for List A, List B, or List C documents as described in the 
Form I-9 Instructions. An acceptable receipt is one that shows an 
employee has applied to replace a document that was lost, stolen or 
damaged. If you present this receipt, you must present your employer 
with the actual document within 90 days. An EAD is an acceptable 
document under ``List A.'' Employers may not reject a document based on 
a future expiration date.
    If your EAD has an expiration date of January 22, 2016, and states 
``A-12'' or ``C-19'' under ``Category,'' it has been extended 
automatically for 6 months by virtue of this Federal Register Notice, 
and you may choose to present your EAD to your employer as proof of 
identity and employment authorization for Employment Eligibility 
Verification (Form I-9) through July 22, 2016 (see the subsection 
titled ``How do my employer and I complete the Employment Eligibility 
Verification (Form I-9) using an automatically extended EAD for a new 
job?'' for further information). To minimize confusion over this 
extension at the time of hire, you should explain to your employer that 
USCIS has automatically extended your EAD through July 22, 2016, based 
on your Temporary Protected Status. You are also strongly encouraged, 
although not required, to show your employer a copy of this Federal 
Register Notice confirming the automatic extension of employment 
authorization through July 22, 2016. As an alternative to presenting 
your automatically extended EAD, you may choose to present any other 
acceptable document from List A, or a combination of one selection from 
List B and one selection from List C.

What documentation may I show my employer if I am already employed but 
my current TPS-related EAD is set to expire?

    Even though EADs with an expiration date of January 22, 2016, that 
state ``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended for 6 months by this Federal Register Notice, your employer 
will need to ask you about your continued employment authorization once 
January 22, 2016, is reached to meet its responsibilities for 
Employment Eligibility Verification (Form I-9). Your employer does not 
need a new Form I-9 to reverify your employment authorization until 
July 22, 2016, the expiration date of the automatic extension, but may 
need to reinspect your automatically extended EAD to check the 
expiration date and code in order to record the updated expiration date 
on your Form I-9 if your employer did not keep a copy of this EAD at 
the time you initially presented it. You and your employer must make 
corrections to the employment authorization expiration dates in Section 
1 and Section 2 of Employment Eligibility Verification (Form I-9) (see 
the subsection titled ``What corrections should my current employer and 
I make to Employment Eligibility Verification (Form I-9) if my EAD has 
been automatically extended?'' for further information). You are also 
strongly encouraged, although not required, to show this Federal 
Register Notice to your employer to explain what to do for Employment 
Eligibility Verification (Form I-9).
    By July 22, 2016, the expiration date of the automatic extension, 
your employer must reverify your employment authorization. At that 
time, you must present any unexpired document from List A or any 
unexpired document from List C on Employment Eligibility Verification 
(Form I-9) to reverify employment authorization, or an acceptable List 
A or List C receipt described in the Form I-9 instructions. Your 
employer is required to reverify on Employment Eligibility Verification 
(Form I-9) the employment authorization of current employees upon the 
automatically extended expiration date of a TPS-related EAD, which is 
July 22, 2016, in this case. Your employer should use either Section 3 
of the Employment Eligibility Verification (Form I-9) originally 
completed for the employee or, if this section has already been 
completed or if the version of Employment Eligibility Verification 
(Form I-9) is no longer valid, complete Section 3 of a new Employment 
Eligibility Verification (Form I-9) using the most current version. 
Note that your employer may not specify which List A or List C document 
employees must present, and cannot reject an acceptable receipt. An 
acceptable receipt is one that shows an employee has applied to replace 
a document that was lost, stolen or damaged.

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

    No. When completing Employment Eligibility Verification (Form I-9), 
including reverifying 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 Haitian citizenship or proof of re-
registration for TPS when completing Employment Eligibility 
Verification (Form I-9) for new hires or reverifying the employment 
authorization of current employees. Refer to the Note to Employees 
section of this Notice for important information about your rights if 
your employer rejects lawful documentation, requires additional 
documentation, or otherwise discriminates against you based on your 
citizenship or immigration status, or your national origin. Note that 
although you are not required to provide your employer with a copy of 
this Federal Register notice, you are strongly encouraged to do so to 
help avoid confusion.

What happens after July 22, 2016, for purposes of employment 
authorization?

    After July 22, 2016, employers may no longer accept the EADs that 
this Federal Register Notice automatically extended. Before that time, 
however, USCIS will endeavor to issue new EADs to eligible TPS re-
registrants who request them. These new EADs will have an expiration 
date of July 22, 2017, and can be presented to your employer for 
completion of Employment Eligibility Verification (Form I-9). 
Alternatively, you may choose to present any other legally acceptable 
document or

[[Page 51587]]

combination of documents listed on the Employment Eligibility 
Verification (Form I-9).

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) using an automatically extended EAD for a new job?

    When using an automatically extended EAD to complete Employment 
Eligibility Verification (Form I-9) for a new job prior to July 22, 
2016, you and your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Write the automatically extended EAD expiration date (July 22, 
2016) in the first space; and
    c. Write your alien number (USCIS number or A-number) in the second 
space (your EAD or other document from DHS will have your USCIS number 
or A-number printed on it; the USCIS number is the same as your A-
number without the A prefix).
    2. For Section 2, employers should record the:
    a. Document title;
    b. Issuing authority;
    c. Document number; and
    d. Automatically extended EAD expiration date (July 22, 2016).
    By July 22, 2016, employers must reverify the employee's employment 
authorization in Section 3 of the Employment Eligibility Verification 
(Form I-9).

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my EAD has been automatically 
extended?

    If you are an existing employee who presented a TPS-related EAD 
that was valid when you first started your job but that EAD has now 
been automatically extended, your employer may reinspect your 
automatically extended EAD if the employer does not have a photocopy of 
the EAD on file, and you and your employer should correct your 
previously completed Employment Eligibility Verification (Form I-9) as 
follows:
    1. For Section 1, you should:
    a. Draw a line through the expiration date in the first space;
    b. Write ``July 22, 2016'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 1; and
    d. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Draw a line through the expiration date written in Section 2;
    b. Write ``July 22, 2016'' above the previous date;
    c. Write ``EAD Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By July 22, 2016, when the automatic extension of EADs expires, 
employers must reverify the employee's employment authorization in 
Section 3.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiration'' alert for an automatically 
extended EAD?

    If you are an employer who participates in E-Verify and you have an 
employee who is a TPS beneficiary who provided a TPS-related EAD when 
he or she first started working for you, you will receive a ``Work 
Authorization Documents Expiring'' case alert when this EAD is about to 
expire. Usually, this message is an alert to complete Section 3 of the 
Employment Eligibility Verification (Form I-9) to reverify an 
employee's employment authorization. For existing employees with TPS-
related EADs that have been automatically extended, employers should 
dismiss this alert by clicking the red ``X'' in the ``dismiss alert'' 
column and follow the instructions above explaining how to correct the 
Employment Eligibility Verification (Form I-9). By July 22, 2016, 
employment authorization must be reverified in Section 3. Employers 
should never use E-Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Notice does not 
supersede or in any way limit applicable employment verification rules 
and policy guidance, including those rules setting forth reverification 
requirements. For general questions about the employment eligibility 
verification process, employers may call USCIS at 888-464-4218 (TTY 
877-875-6028) or email USCIS at I-9Central@dhs.gov. Calls and emails 
are accepted in English and many other languages. For questions about 
avoiding discrimination during the employment eligibility verification 
process, employers may also call the U.S. Department of Justice, Office 
of Special Counsel for Immigration-Related Unfair Employment Practices 
(OSC) Employer Hotline, at 800-255-8155 (TTY 800-237-2515), which 
offers language interpretation in numerous languages, or email OSC at 
osccrt@usdoj.gov.

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email at I-9Central@dhs.gov. Calls are accepted in English and many 
other languages. Employees or applicants may also call the U.S. 
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Worker Information Hotline at 
800-255-7688 (TTY 800-237-2515) for information regarding employment 
discrimination based upon citizenship status, immigration status, or 
national origin, or for information regarding discrimination related to 
Employment Eligibility Verification (Form I-9) and E-Verify. The OSC 
Worker Information Hotline provides language interpretation in numerous 
languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt described 
in the Employment Eligibility Verification (Form I-9) Instructions. 
Employers may not require extra or additional documentation beyond what 
is required for Employment Eligibility Verification (Form I-9) 
completion. Further, employers participating in E-Verify who receive an 
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must 
promptly inform employees of the TNC and give such employees an 
opportunity to contest the TNC. A TNC case result means that the 
information entered into E-Verify from Employment Eligibility 
Verification (Form I-9) differs from records available to DHS or the 
Social Security Administration.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against an employee based on the 
employee's decision to contest a TNC or because the case is still 
pending with E-Verify. A Final Nonconfirmation (FNC) case result is 
received when E-Verify cannot verify an employee's employment 
eligibility. An employer may terminate employment based on a case 
result of FNC. Work-authorized employees who receive an FNC may call 
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). An employee 
that believes he or she was discriminated against by an employer in the 
E-Verify process based on citizenship or immigration status or based on 
national origin, may contact OSC's Worker

[[Page 51588]]

Information Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Employment Eligibility 
Verification (Form I-9) and E-Verify procedures is available on the OSC 
Web site at https://www.justice.gov/crt/about/osc/ and the USCIS Web 
site at https://www.dhs.gov/E-verify.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    While Federal Government agencies must follow the guidelines laid 
out by the Federal Government, State and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each State may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, State, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples are:
    (1) Your unexpired EAD;
    (2) A copy of this Federal Register Notice if your EAD is 
automatically extended under this Notice;
    (3) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration;
    (4) A copy of your past or current Application for Temporary 
Protected Status Approval Notice (Form I-797), if you received one from 
USCIS; and/or
    (5) If there is an automatic extension of work authorization, a 
copy of the fact sheet from the USCIS TPS Web site that provides 
information on the automatic extension.
    Check with the government agency regarding which document(s) the 
agency will accept. You may also provide the agency with a copy of this 
Federal Register Notice.
    Some benefit-granting agencies use the USCIS Systematic Alien 
Verification for Entitlements Program (SAVE) to verify the current 
immigration status of applicants for public benefits. If such an agency 
has denied your application based solely or in part on a SAVE response, 
the agency must offer you the opportunity to appeal the decision in 
accordance with the agency's procedures. If the agency has received and 
acted upon or will act upon a SAVE verification and you do not believe 
the response is correct, you may make an InfoPass appointment for an 
in-person interview at a local USCIS office. Detailed information on 
how to make corrections, make an appointment, or submit a written 
request 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. 2015-21006 Filed 8-24-15; 8:45 am]
 BILLING CODE 9111-97-P