Designation of the Republic of Yemen for Temporary Protected Status, 53319-53323 [2015-21881]

Agencies

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

[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53319-53323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21881]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2570-15; DHS Docket No. USCIS-2015-0005]
RIN 1615-ZB41


Designation of the Republic of Yemen for Temporary Protected 
Status

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

ACTION: Notice.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) has 
designated the Republic of Yemen (Yemen) for Temporary Protected Status 
(TPS) for a period of 18 months, effective September 3, 2015, through 
March 3, 2017. Under section 244(b)(1)(A) of the Immigration and 
Nationality Act (INA), 8 U.S.C. 1254a(b)(1)(A), the Secretary is 
authorized to designate a foreign state (or any part thereof) for TPS 
upon finding that there is an ongoing armed conflict within the foreign 
state and, due to such conflict, requiring the return of nationals of 
the state would pose a serious threat to their personal safety.
    This designation allows eligible Yemeni nationals (and aliens 
having no nationality who last habitually resided in Yemen) who have 
continuously resided in the United States since September 3, 2015, and 
have been continuously physically present in the United States since 
September 3, 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 September 3, 2015, and ends on March 1, 2016. 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 Yemen (or aliens having no nationality who last 
habitually resided in Yemen) to apply for TPS, EADs, and travel 
authorization with U.S. Citizenship and Immigration Services (USCIS).

DATES: This designation of Yemen for TPS is effective on September 3, 
2015, and will remain in effect through March 3, 2017. The 180-day 
registration period for eligible individuals to submit TPS applications 
begins September 3, 2015, and will remain in effect through March 1, 
2016.

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 Yemen's TPS designation by selecting ``TPS 
Designated Country: Yemen'' from the menu on the left 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
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
UN--United Nations
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), 8 U.S.C. 1254a(c)(2).
     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.

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

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate U.S. Government 
(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 ``. . . that there is an ongoing armed 
conflict within the state and, due to such conflict, requiring the 
return of aliens who are nationals of that state to that state (or to 
the part of the state) would pose a serious threat to their personal 
safety . . .'' INA section 244(b)(1)(A), 8 U.S.C. 1254a(b)(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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    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

[[Page 53320]]

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 Yemen for TPS through March 3, 2017?

    The Secretary has determined, after consultation with the 
Department of State and other appropriate Government agencies, that 
there is an ongoing armed conflict within Yemen and, due to such 
conflict, requiring the return of Yemeni nationals to Yemen would pose 
a serious threat to their personal safety.
    In July 2014, the Houthis, a northern opposition group, began a 
violent territorial expansion across Yemen. The Houthis took over the 
capital, Sana'a, in September 2014, and placed the President, Prime 
Minister, and cabinet officials under house arrest in January 2015. 
President Abdo Rabo Mansur Hadi left Sana'a for Yemen's southern port 
city of Aden in February 2015 to resume his presidential duties. As the 
Houthis continued their military campaign, however, they eventually 
closed in on Aden and by the end of March 2015, President Hadi and many 
other members of the government relocated to the Kingdom of Saudi 
Arabia (Saudi Arabia).
    On March 26, 2015, a coalition of more than ten countries, led by 
Saudi Arabia and at the request of President Hadi, initiated air 
strikes against the Houthis. Air strikes have occurred across the 
country, but have been concentrated in Sa'dah, Hajjah, Sana'a, Taiz, 
Marib, Al Dhale'e, and Aden. Houthi ground forces simultaneously 
engaged in fierce battles in Aden and Marib against local ethnic groups 
and pro-government fighters. The conflict has affected 21 out of 
Yemen's 22 governorates.
    The conflict has caused an acute and rapidly deteriorating 
humanitarian crisis. The airstrikes and ground fighting have killed, 
wounded, and displaced noncombatants and destroyed and damaged 
hospitals, schools, roads, airports, the electric power grid, the water 
supply, and other critical infrastructure. The humanitarian situation 
is compounded by access constraints. Relief efforts and supplies have 
been hindered by the limited capacity of airports, seaports, and 
roadblocks. Furthermore, ongoing violence and airstrikes are 
restricting the movement of civilians to safe areas and restricting 
their ability to receive needed basic services and supplies.
    While the exact number of housing units that have been destroyed or 
damaged by the airstrikes and ground fighting has not been determined, 
the United Nations (UN) is reporting that approximately 42,000 people, 
in 7,000 households, were identified as needing shelter as a direct 
result of the conflict since March 2015. The UN has reported that 
nearly 1.3 million people in Yemen have become internally displaced 
since the start of the conflict.
    Movement through or around the conflict zones is fraught with 
extreme danger. A full assessment by those reporting on the ground has 
been hindered by security concerns and infrastructure damage, but the 
UN has reported that as of July 2015, there have been approximately 
3,700 registered deaths and over 18,000 registered injuries attributed 
to the conflict.
    Because Yemen relies on imports for 90 percent of its food, the 
combination of severely reduced imports, low food stocks, and a 
shortage of fuel has increased the number of people experiencing food 
insecurity to 12.9 million, nearly half of the total population of 
Yemen, including 5 million who are classified as severely food 
insecure. Due to the conflict, 470,000 children under the age of 5 have 
lost access to nutrition services previously provided to them through 
158 Outpatient Therapeutic Feeding Programs.
    The impact on key logistical and civilian infrastructure across 
Yemen from the airstrikes and ground fighting has been devastating. 
Yemen has suffered heavy damage to its airports, harbors, bridges and 
roads, which presents significant obstacles to relief efforts. Damage 
to health facilities has also been substantial and the UN has reported 
that, as a result of the fighting, at least five hospitals were 
destroyed or suffered catastrophic damage in Sana'a, Al Dhale'e, and 
Aden. Nearly 3,600 schools remain closed due to insecurity, with over 
330 schools directly affected by the conflict. Of these, 86 schools 
were reported damaged due to airstrikes or armed confrontations and a 
further 246 were reported as occupied by internally displaced persons.
    The destruction and closure of numerous hospitals and medical 
facilities is resulting in increased fatalities, including among women, 
due to miscarriages and a lack of delivery and postnatal care. 
Hospitals that remain open are operating at limited capacity and are 
unable to cope with the scale of needs, while others have shut down due 
to insecurity and a lack of fuel, staff and supplies. Internally 
displaced persons across Yemen indicate that among their most pressing 
needs are medicine and treatment for malaria, diarrhea, malnutrition, 
unspecified chronic diseases, and respiratory diseases.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     There is an ongoing armed conflict in Yemen and, due to 
such conflict, requiring the return of Yemeni nationals to Yemen would 
pose a serious threat to their personal safety. See INA section 
244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A);
     The designation of Yemen for TPS will be for an 18-month 
period from September 3, 2015, through March 3, 2017. See INA section 
244(b)(2), 8 U.S.C. 1254a(b)(2);
     The date by which applicants for TPS under the designation 
of Yemen must demonstrate that they have continuously resided in the 
United States is September 3, 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 Yemen must demonstrate that they have been continuously physically 
present in the United States is September 3, 2015, the effective date 
of this designation of Yemen 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 500 to 2,000 nationals of Yemen (and persons 
without nationality who last habitually resided in Yemen) are (or are 
likely to become) eligible for TPS under this designation. This 
estimate is based on the total number of Yemeni nationals believed to 
be in the United States in a nonimmigrant status or without lawful 
immigration status.

Notice of the Designation of Yemen 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 Yemen for TPS under INA section 244(b)(1)(A), 8 
U.S.C. 1254a(b)(1)(A), for a period of 18

[[Page 53321]]

months from September 3, 2015, through March 3, 2017.

Jeh Charles Johnson,
Secretary.

Required Application Forms and Application Fees To Register for TPS

    To register for TPS for Yemen, 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 
Employment Authorization Document (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-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 of 
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 
March 1, 2016. If you attempt to submit your application with a fee 
waiver request before the initial filing deadline, but you receive your 
application back with the USCIS fee waiver denial, and there are fewer 
than 45 days before the filing deadline (or the deadline has passed), 
you may still refile your application within the 45-day period after 
the date on the USCIS fee waiver denial notice. You must include the 
correct fees, or file a new fee waiver request. Your application will 
not be rejected even if the deadline has passed, provided it is mailed 
within those 45 days and all other required information for the 
application is included. Please be aware that if you re-file your TPS 
application packet with a new fee waiver request after the deadline 
based on this guidance and that new fee waiver request is denied, you 
cannot re-file again. Note: Alternatively, you may pay the TPS 
application fee and biometrics fee (if age 14 or older) but wait to 
request an EAD and pay the EAD application fee after USCIS grants your 
TPS application.

Mailing Information

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

                       Table 1--Mailing Addresses
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                                             Then mail your application
                 If you:                                to:
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Would like to send your application by     USCIS, P.O. Box 7555,
 U.S. Postal Service.                       Chicago, IL 60680.
Would like to send your application by     Attn: Yemen TPS, 131 S.
 non-U.S. Postal Service courier.           Dearborn 3rd Floor, Chicago,
                                            IL 60603.
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    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA), and you wish to request an EAD, please 
mail your application to the appropriate mailing address in Table 1. 
After you submit your EAD application and receive a USCIS receipt 
number, please send an email to the Service Center handling your 
application. The email should include the receipt number and state that 
you submitted a request for an EAD based on an IJ/BIA grant of TPS. 
This will aid in the verification of your grant and processing of your 
application, as USCIS may not have received records of your grant of 
TPS by either an 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 Yemen or an alien having no nationality 
who last habitually resided in Yemen. Such documents may include a copy 
of your passport if available, other documentation issued by the 
Government of Yemen showing your nationality (e.g., national identity 
card, official travel documentation issued by the Government of Yemen), 
and/or your birth certificate with English translation accompanied by 
photo identification. USCIS will also consider certain forms of 
secondary evidence supporting your Yemeni 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

[[Page 53322]]

national of Yemen. 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 
September 3, 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 September 3, 2015, the effective date of the designation 
of Yemen for TPS. 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: Yemen.''

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.

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 Application for Employment Authorization (Form 
I-765) 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 the 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 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). As described in the Employment 
Eligibility Verification (Form I-9) Instructions, you may present an 
acceptable receipt for List A, List B, or List C documents including 
the receipt for the application for replacement of a lost, stolen or 
damaged document. 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 Yemeni 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 Yemeni 
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 or 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

[[Page 53323]]

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 confirm 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 or immigration status, or based 
on national origin, may contact OSC's Worker Information Hotline at 
800-255-7688 (TTY 800-237-2515). Additional information about proper 
nondiscriminatory Employment Eligibility Verification (Form I-9) and E-
Verify procedures is available on the OSC Web site at https://www.justice.gov/crt/about/osc/ and the USCIS Web site at https://www.dhs.gov/E-verify.

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

    While Federal Government agencies must follow the guidelines laid 
out by the Federal Government, State and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each State may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, State, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples are:
    (1) Your 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 confirm 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. 2015-21881 Filed 9-2-15; 8:45 am]
 BILLING CODE 9111-97-P