Extension of the Designation of Nicaragua for Temporary Protected Status, 30325-30331 [2016-11305]

Agencies

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

[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30325-30331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11305]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2583-16; DHS Docket No. USCIS-2014-0006]
RIN 1615-ZB51


Extension of the Designation of Nicaragua 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 Nicaragua for Temporary Protected Status 
(TPS) for 18 months, from July 6, 2016 through January 5, 2018.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS through January 5, 2018, so long as they otherwise continue to meet 
the eligibility requirements for TPS. The Secretary has determined that 
an extension is warranted because conditions in Nicaragua supporting 
its designation for TPS continue to be met.
    Through this Notice, DHS also sets forth procedures necessary for 
eligible nationals of Nicaragua (or aliens having no nationality who 
last habitually resided in Nicaragua) 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 Nicaragua and whose applications have been granted. 
Certain nationals of Nicaragua (or aliens having no nationality who 
last habitually resided in Nicaragua) 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 December 30, 1998, and continuous 
physical presence in the United States since January 5, 1999).
    For individuals who have already been granted TPS under Nicaragua's 
designation, the 60-day re-registration period runs from May 16, 2016 
through July 15, 2016. USCIS will issue new EADs with a January 5, 
2018, expiration date to eligible Nicaragua 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 July 5, 2016. Accordingly, through this 
Notice, DHS automatically extends the validity of EADs issued under the 
TPS designation of Nicaragua for 6 months, through January 5, 2017, and 
explains how TPS beneficiaries and their employers may determine which 
EADs are automatically extended and the impact on Employment 
Eligibility Verification (Form I-9) and the E-Verify processes.

DATES: The 18-month extension of the TPS designation of Nicaragua is 
effective July 6, 2016, and will remain in effect through January 5, 
2018. The 60-day re-registration period runs from May 16, 2016 through 
July 15, 2016. (Note: It is important for re-registrants to timely re-
register during this 60-day period and not to wait until their EADs 
expire.)

FOR FURTHER INFORMATION CONTACT: 
     For further information on TPS, including guidance on the 
application process and additional information on eligibility, please 
visit the USCIS TPS Web page at https://www.uscis.gov/tps.
    You can find specific information about Nicaragua's TPS extension 
by selecting ``Nicaragua'' from the menu on the left side of the TPS 
Web page.
     For questions concerning this Notice, you can also contact 
Jerry Rigdon, Chief of 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

[[Page 30326]]

questions regarding this TPS Notice. It is not for individual case 
status inquires.
     Applicants seeking information about the status of their 
individual cases can check Case Status Online, available at the USCIS 
Web site at https://www.uscis.gov, or call the USCIS National Customer 
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available 
in English and Spanish.
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services

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), 8 U.S.C. 1254a(c)(2).
     When the Secretary terminates a country's TPS designation, 
although TPS benefits end, former TPS beneficiaries continue to hold 
any lawful immigration status they maintained or obtained while 
registered for TPS.

When and why was Nicaragua designated for TPS?

    Following the destruction wrought by Hurricane Mitch, which struck 
Nicaragua in October of 1998, the Attorney General designated Nicaragua 
for TPS on January 5, 1999, environmental disaster grounds. See 
Designation of Nicaragua Under Temporary Protected Status, 64 FR 526 
(Jan. 5, 1999). The Secretary last announced an extension of 
Nicaragua's TPS designation on October 16, 2014, based on his 
determination that the conditions warranting the designation continued 
to be met. See Extension of the Designation of Nicaragua for Temporary 
Protected Status, 79 FR 62176 (Oct. 16, 2014). This announcement is the 
thirteenth extension of the TPS designation of Nicaragua since the 
original designation in 1999.

What authority does the Secretary have to extend the designation of 
Nicaragua 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 Nicaragua 
through January 5, 2018?

    DHS and the Department of State (DOS) have reviewed conditions in 
Nicaragua. Based on the reviews and after consulting with DOS, the 
Secretary has determined that an 18-month extension is warranted 
because conditions in Nicaragua supporting its designation for TPS 
persist. Hurricane Mitch and subsequent environmental disasters have 
substantially disrupted living conditions in Nicaragua, such that 
Nicaragua remains unable, temporarily, to handle adequately the return 
of its nationals.
    Hurricane Mitch made landfall in Nicaragua in October 1998. The 
storm killed 3,045 people and 885 were reported missing. The 
devastation of Hurricane Mitch affected nearly 868,000 people. 
Landslides and floods destroyed entire villages and caused extensive 
damages to the transportation network, housing, medical and educational 
facilities, water supply and sanitation facilities, and the 
agricultural sector. Overall damage estimates ranged between $1.3-1.5 
billion.
    Nicaragua continues to suffer from the residual effects of 
Hurricane Mitch, and subsequent disasters have caused additional damage 
and added to the country's fragility. The regions most devastated by 
Hurricane Mitch continue to be the poorest and least developed in the 
country. Nicaragua is particularly vulnerable to recurring natural 
disasters and the impact of climate change, and its resilience to such 
threats is severely limited by poverty, lack of infrastructure, and 
governance challenges.
    Since the last extension of Nicaragua's TPS designation, Nicaragua 
has experienced a series of environmental disasters that have 
exacerbated the persisting disruptions caused by Hurricane Mitch and 
significantly compromised Nicaragua's ability to adequately handle the 
return of its nationals. Nicaragua suffered from heavy rains and 
extensive flooding in October 2014, May 2015, and June 2015. 
Significant earthquakes struck in Nicaragua and off its coast in April 
and October of 2014. Between early May and late July 2015, the Telica 
volcano erupted 426 times, causing respiratory problems in neighboring 
communities. Much of the country is suffering from a prolonged regional 
drought, which, combined with the coffee rust epidemic

[[Page 30327]]

in Central America, has negatively impacted livelihoods and food 
security.
    Hurricane Mitch and subsequent environmental disasters have had a 
significant negative effect on Nicaragua's infrastructure. Only a 
fraction of the 41,000 homes that were damaged or destroyed by 
Hurricane Mitch have been reconstructed. Heavy rains, flooding, and 
earthquakes have continued to destroy or degrade the country's housing 
stock, leaving Nicaragua with a chronic housing deficit. Damages to 
roads and bridges accounted for approximately 60 percent of Mitch-
related reconstruction costs. Approximately 1,500 kilometers of paved 
and 6,500 kilometers of unpaved roads were damaged and 3,800 meters of 
bridges were damaged or destroyed. Transportation infrastructure in the 
regions hardest hit by Hurricane Mitch has not been properly 
rehabilitated since the storm and has been damaged by subsequent 
flooding. Only 12 percent of Nicaragua's roads are paved, representing 
the lowest percentage in Central America. Damage to many schools and 
health care facilities caused by Hurricane Mitch continues to go 
unrepaired. Consequently, the need for reconstruction, infrastructure 
improvement, and disaster preparedness projects remains ongoing.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
     Conditions supporting the designation of Nicaragua for TPS 
continue to be met. See INA section 244(b)(1)(B), (b)(3)(A) and (C), 8 
U.S.C. 1254a(b)(1)(B), (b)(3)(A) and (C).
     There continues to be a substantial, but temporary, 
disruption in living conditions in Nicaragua as a result of an 
environmental disaster. See INA section 244(b)(1)(B)(i), 8 U.S.C. 
1254a(b)(1)(B)(i).
     Nicaragua continues to be unable, temporarily, to 
adequately handle the return of its nationals (or aliens having no 
nationality who last habitually resided in Nicaragua). See INA section 
244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii).
     The designation of Nicaragua for TPS should be extended 
for an 18-month period from July 6, 2016 through January 5, 2018. See 
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     There are approximately 2,550 current Nicaragua TPS 
beneficiaries who are expected to file for re-registration under the 
extension.

Notice of Extension of the TPS Designation of Nicaragua

    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 conditions supporting Nicaragua's 
designation for TPS 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 TPS for Nicaragua for 18 months, 
from July 6, 2016 through January 5, 2018. See INA section 244(b)(2) 
and (b)(3), 8 U.S.C. 1254a(b)(2) and (b)(3).

Jeh Charles Johnson,
Secretary.

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

    To register or re-register for TPS based on the designation of 
Nicaragua, you must submit each of the following 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. You do 
not need to pay this fee if you are under the age of 14 or are 66 or 
older.
     If you are applying for re-registration, you must pay the 
fee for the Application for Employment Authorization (Form I-765), 
regardless of your age, if you want an EAD.
     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 the application fee and/or biometrics fee, you may 
complete a Request for Fee Waiver (Form I-912) or submit a personal 
letter requesting a fee waiver with 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).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years and 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 complete a Request for Fee Waiver (Form I-912) or 
submit a personal letter requesting a fee waiver with 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

    You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue 
EADs promptly. Filing early will also allow you to have time to re-file 
your application before the deadline, should USCIS deny your fee waiver 
request. If, however, you receive a denial of your fee waiver request 
and are unable to re-file by the re-registration deadline, you may 
still re-file your application. This situation will be reviewed to 
determine whether you established good cause for late re-registration. 
However, you are urged to re-file within 45 days of the date on any 
USCIS fee waiver denial notice, if 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: 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, you 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 your TPS re-registration, if 
you are 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 are applying through the U.S. Postal    USCIS, Attn: TPS Nicaragua,
 Service.                                    P.O. Box 4413, Chicago, IL
                                             60680.
You are using a non-U.S. Postal Service     USCIS, Attn: TPS Nicaragua,
 delivery service.                           131 S. Dearborn Street, 3rd
                                             Floor, Chicago, IL 60603-
                                             5517.
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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. When submitting a re-registration application and/or 
requesting an EAD based on an IJ/BIA grant of TPS, please include a 
copy of the IJ or BIA order granting you TPS with your application. 
This will aid in the verification of your grant of TPS and processing 
of your application, as USCIS may not have received records of your 
grant of TPS by either the IJ or the BIA.

 E-filing

    In May 2016, USCIS will begin processing applications for Nicaragua 
TPS in its electronic immigration system. After you file by paper at 
the designated USCIS mailing address noted above, USCIS will scan your 
application(s) and supporting documents for adjudication 
electronically. You will receive a USCIS Account Acceptance Notice in 
the mail with instructions on how to create a USCIS online account. 
USCIS will continue processing your application for TPS Nicaragua even 
if you choose not to access your online account right away. USCIS also 
will continue to send you copies of notifications about your case by 
mail through the U.S. Postal Service.
    Having a USCIS online account allows you to:
     Check the status of your case;
     Receive notifications and case updates;
     Respond to requests for evidence; and
     Manage your contact information online, including updating 
your address.

Supporting Documents

    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 or registering for 
TPS on the USCIS Web site at www.uscis.gov/tps under ``Nicaragua.''

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.

Employment Authorization Document (EAD)

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

    To get case status information about your TPS application, 
including the status of a request for an EAD, you can check Case Status 
Online 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.

Am I eligible to receive an automatic 6-month extension of my current 
EAD through January 5, 2017?

    Provided that you currently have TPS under the designation of 
Nicaragua, this Notice automatically extends your EAD by 6 months if 
you:
     Are a national of Nicaragua (or an alien having no 
nationality who last habitually resided in Nicaragua);
     Received an EAD under the last extension of TPS for 
Nicaragua; and
     Have an EAD with a marked expiration date of July 5, 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 January 
5, 2017, you must re-register timely for TPS in accordance with the 
procedures described in this Notice if you would like to maintain your 
TPS.

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

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Employment Eligibility Verification (Form 
I-9). You can find additional detailed information on the USCIS I-9 
Central Web page at https://www.uscis.gov/I-9Central. Employers are 
required to verify the identity and employment authorization of all new 
employees by using Employment Eligibility Verification (Form I-9). 
Within 3 days of being hired, you must present proof of identity and 
employment authorization to your 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). An EAD is an acceptable document 
under ``List A.'' You may present an acceptable receipt for a List A, 
List B, or List C document as described in the Employment Eligibility 
Verification (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 an acceptable receipt, you must 
present your employer with the actual document within 90 days. 
Employers may not reject a document based on a future expiration date.
    If your EAD has an expiration date of July 5, 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 January 5, 2017 (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 January 5, 2017, based on your TPS. You are 
also strongly encouraged, although not required, to show your employer 
a copy

[[Page 30329]]

of this Federal Register Notice confirming the automatic extension of 
employment authorization through January 5, 2017. 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 July 5, 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 
July 5, 2016, is reached to meet its responsibilities for Employment 
Eligibility Verification (Form I-9). Your employer does not need to 
reverify your employment authorization on Form I-9 until January 5, 
2017, the expiration date of the automatic extension, but may need to 
reinspect your automatically extended EAD to check the expiration date 
and code to record the updated expiration date on your Form I-9 if he 
or she did not keep a copy of this EAD when 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 January 5, 2017, 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 Employment Eligibility 
Verification (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 January 5, 
2017, 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 Nicaraguan 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 Nicaraguan 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 January 5, 2017, for purposes of employment 
authorization?

    After January 5, 2017, employers may no longer accept the EADs that 
this Federal Register Notice automatically extended. Before that time, 
however, USCIS will work to issue new EADs to eligible TPS re-
registrants who request them. These new EADs should have an expiration 
date of January 5, 2018, and can be presented to your employer for 
completion of Employment Eligibility Verification (Form I-9). 
Alternatively, you may choose to present any other legally acceptable 
document or combination of documents listed on the Employment 
Eligibility Verification (Form I-9).

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

    When using an automatically extended EAD to complete Employment 
Eligibility Verification (Form I-9) for a new job before January 5, 
2017, 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 (January 5, 
2017) 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 (January 5, 2017).
    By January 5, 2017, 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 ``January 5, 2017'' 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:

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    a. Draw a line through the expiration date written in Section 2;
    b. Write ``January 5, 2017'' 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 January 5, 2017, 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 January 5, 2017, 
employment authorization must be reverified in Section 3. Employers 
should not 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 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, you may call USCIS at 888-897-7781 (TTY 877-875-6028) or email 
I-9Central@dhs.gov. Calls are accepted in English and many other 
languages. You may also call the 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 you based on your 
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 your 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). If you believe you were discriminated against 
by an employer in the E-Verify process based on citizenship or 
immigration status or based on national origin, you may contact OSC's 
Worker Information Hotline at 800-255-7688 (TTY 800-237-2515). 
Additional information about proper nondiscriminatory Employment 
Eligibility Verification (Form I-9) and E-Verify procedures is 
available on the OSC Web site at https://www.justice.gov/crt/about/osc/ 
and the USCIS Web site at https://www.dhs.gov/E-verify.

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

    While Federal Government agencies must follow the guidelines laid 
out by the Federal Government, State and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each State may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, State, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples are:
    (1) Your unexpired EAD;
    (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

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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. 2016-11305 Filed 5-13-16; 8:45 am]
 BILLING CODE 9111-97-P