Extension of the Designation of El Salvador for Temporary Protected Status, 44645-44651 [2016-15802]

Agencies

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

[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44645-44651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15802]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2584-16; DHS Docket No. USCIS-2007-0028]
RIN 1615-ZB53


Extension of the Designation of El Salvador 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 El Salvador for Temporary Protected Status 
(TPS) for 18 months from September 10, 2016 through March 9, 2018.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS through March 9, 2018, 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 El Salvador 
supporting the TPS designation continue to be met. There continues to 
be a substantial, but temporary, disruption of living conditions in El 
Salvador resulting from a series of earthquakes in 2001, and El 
Salvador remains unable, temporarily, to handle adequately the return 
of its nationals.
    Through this Notice, DHS also sets forth procedures necessary for 
nationals of El Salvador (or aliens having no nationality who last 
habitually resided in El Salvador) 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 El Salvador and whose applications have been granted. 
Certain nationals of El Salvador

[[Page 44646]]

(or aliens having no nationality who last habitually resided in El 
Salvador) 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 February 13, 2001, and continuous physical presence in the 
United States since March 9, 2001).
    For individuals who have already been granted TPS under the El 
Salvador designation, the 60-day re-registration period runs from July 
8, 2016 through September 6, 2016. USCIS will issue new EADs with a 
March 9, 2018 expiration date to eligible El Salvador 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 September 9, 2016. 
Accordingly, through this Notice, DHS automatically extends the 
validity of EADs issued under the TPS designation of El Salvador for 6 
months, through March 9, 2017, 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 El Salvador is 
effective September 10, 2016, and will remain in effect through March 
9, 2018. The 60-day re-registration period runs from July 8, 2016 
through September 6, 2016. (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.)

FOR FURTHER INFORMATION CONTACT: 
     For further information on TPS, including guidance on the 
application process and additional information on eligibility, please 
visit the USCIS TPS Web page at https://www.uscis.gov/tps. You can find 
specific information about this extension of El Salvador for TPS by 
selecting ``El Salvador'' from the menu on the left of the TPS Web 
page.
     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 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
GDP--Gross Domestic Product
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 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.
     When the Secretary terminates a country's TPS designation 
through a separate Federal Register Notice, beneficiaries return to the 
same immigration status they maintained before TPS, if any (unless that 
status has since expired or been terminated), or to any other lawfully 
obtained immigration status they received while registered for TPS.

When was El Salvador designated for TPS?

    On March 9, 2001, the Attorney General designated El Salvador for 
TPS based on an environmental disaster within that country, 
specifically the devastation resulting from a series of earthquakes 
that occurred in 2001. See Designation of El Salvador Under Temporary 
Protected Status, 66 FR 14214 (Mar. 9, 2001). The Secretary last 
announced an extension of TPS for El Salvador on January 7, 2015, based 
on his determination that the conditions warranting the designation 
continued to be met. See Extension of the Designation of El Salvador 
for Temporary Protected Status, 80 FR 893 (January 7, 2015). This 
announcement is the eleventh extension of TPS for El Salvador since the 
original designation in 2001.

What authority does the Secretary of Homeland Security have to extend 
the designation of El Salvador 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 
agencies, to designate a foreign state (or part thereof) for TPS if the 
Secretary finds that certain country conditions exist.\1\ The Secretary 
may then grant TPS to eligible nationals of that foreign state (or 
aliens having no nationality who last habitually resided in that 
state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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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 and 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).

[[Page 44647]]

Why is the Secretary extending the TPS designation for El Salvador 
through March 9, 2018?

    DHS and the Department of State (DOS) have reviewed conditions in 
El Salvador. Based on these reviews and after consulting with DOS, the 
Secretary has determined that an 18-month extension is warranted 
because the conditions supporting El Salvador's 2001 designation for 
TPS persist.
    El Salvador was originally designated for TPS following two 
separate earthquakes in 2001. The first earthquake, on January 13, 
registered 7.6 in magnitude on the standard seismic scale; the second, 
on February 13, measured 6.6 in magnitude. Over 3,000 aftershocks hit 
El Salvador in the aftermath of the earthquakes, including those with 
5.1 and 5.6 magnitudes in late February 2001.
    Together, the earthquakes killed over 1,000 people, caused 
approximately 8,000 injuries, and affected approximately 1.5 million 
people. Of 262 municipalities in El Salvador, 165 suffered serious 
damage in the first quake. The earthquakes caused significant damage to 
transportation infrastructure, housing, education and health services, 
small and medium businesses, and the environment.
    Recovery from the earthquakes has been slow and encumbered by 
subsequent natural disasters and environmental challenges, including 
hurricanes and tropical storms, heavy rains and flooding, volcanic and 
seismic activity, an ongoing coffee rust epidemic, and a prolonged 
regional drought that is impacting food security. The regional drought 
currently affecting El Salvador has made the country the driest it has 
been in 35 years. The drought is projected to cause more than $400 
million in losses from corn, beans, coffee, sugar cane, livestock, and 
vegetables, resulting in subsistence farmers facing malnutrition and 
pressure to migrate. Due to the drought and a regional coffee rust 
epidemic, coffee production for the 2015-2016 harvest is projected to 
be 30-percent lower than the previous season, and the U.S. Department 
of Agriculture expects next year's harvests to be the smallest in 80 
years. Further, environmental and social conditions have contributed to 
an outbreak of mosquito borne illnesses, including chikungunya and 
dengue.
    Although progress has been made in repairing physical damage caused 
by the 2001 earthquakes, infrastructure challenges remain. El Salvador 
faces a housing deficit of approximately 630,000 houses, created in 
part because 340,000 homes destroyed in the 2001 earthquakes still have 
not been rebuilt. A lack of potable water and electricity remain 
serious problems; more than 10 percent of El Salvador's total 
population lacks access to potable water. Water contamination and 
shortages are of particular concern in the San Salvador metropolitan 
area, where they have affected the day-to-day activities of the 
population and have reportedly led to conflicts over water. In March 
2016, extortion demands from gangs caused an almost weeklong temporary 
bottled water shortage and halting of some water deliveries in San 
Salvador. Insecurity and water shortages have contributed to increased 
inflation, which is generally low due to El Salvador's dollarized 
economy.
    Increasing violence and insecurity is also a major constraint to 
economic growth. According to a study released in April 2016 by El 
Salvador's Central Bank and the United Nations Development Program, 
Salvadoran citizens paid $756 million in extortion payments to gangs in 
2014, representing about three percent of Gross Domestic Product (GDP). 
The study estimates the total cost of violence, including the amount 
households spend on extra security and the lost income from people 
deterred from working, is nearly 16 percent of GDP, the highest level 
in Central America. Hampered by limited financial resources, the 
government continues to struggle to respond adequately to increasing 
levels of crime, and there is little confidence the security situation 
will improve in the short term.
    The fiscal, unemployment, and security situations in El Salvador 
also remain poor. El Salvador's economy is experiencing significant 
challenges. Around a third of the country's work force is underemployed 
or unable to find full-time work. In 2014, almost a third of all 
Salvadorans (31.9 percent) lived in poverty. Murder, extortion, and 
robbery rates are high, and the government struggles to respond 
adequately to crime, including significant criminal gang activity. The 
police suffer from insufficient staffing, corruption, and inadequate 
training. The judicial system is also weak, with a low criminal 
conviction rate and high levels of corruption, creating an environment 
of impunity.
    Based upon this review and after consultation with appropriate U.S. 
Government agencies, the Secretary finds that:
     The conditions supporting the March 9, 2001 designation of 
El Salvador for TPS continue to be met. See INA sections 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 of living conditions in El Salvador as a result of an 
environmental disaster. See INA section 244(b)(1)(B)(i), 8 U.S.C. 
1254a(b)(1)(B)(i).
     El Salvador continues to be unable, temporarily, to handle 
adequately the return of its nationals (or aliens having no nationality 
who last habitually resided in El Salvador). See INA section 
244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii).
     The designation of El Salvador for TPS should be extended 
for an additional 18-month period from September 10, 2016 through March 
9, 2018. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
     There are approximately 195,000 current El Salvador TPS 
beneficiaries who are expected to file for re-registration and may be 
eligible to retain their TPS under the extension.

Notice of Extension of the TPS Designation of El Salvador

    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 U.S. Government agencies, that the conditions that prompted 
the designation of El Salvador for TPS in 2001 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 designation of El Salvador for TPS 
for 18 months from September 10, 2016, through March 9, 2018. See INA 
sections 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 El 
Salvador, 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

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Temporary Protected Status (Form I-821). See 8 CFR 244.17. and
    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 under the age of 14 or are 66 and older 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 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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Are applying for re-registration and     U.S. Postal Service: U.S.
 you live in the following states/        Citizenship and Immigration
 territories:                             Services, Attn: TPS El
                                          Salvador, P.O. Box 660864,
                                          Dallas, TX 75266.
Alabama, Alaska, American Samoa,         Non-U.S. Postal Delivery
 Arkansas, Colorado, Guam, Hawaii,        Service: U.S. Citizenship and
 Idaho, Iowa, Kansas, Louisiana,          Immigration Services, Attn:
 Minnesota, Mississippi, Missouri,        TPS El Salvador, 2501 S. State
 Montana, Nebraska, New Mexico, New       Highway, 121 Business Suite
 York, North Dakota, Northern Mariana     400, Lewisville, TX 75067.
 Islands, Oklahoma, Puerto Rico, South
 Dakota, Tennessee, Texas, Utah, Virgin
 Islands, Wisconsin, Wyoming.
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Are applying for re-registration and     U.S. Postal Service: U.S.
 you live in the following states/        Citizenship and Immigration
 territories:                             Services, Attn: TPS El
                                          Salvador, P.O. Box 8635,
                                          Chicago, IL 60680-8635.
Connecticut, Delaware, Florida,          Non-U.S. Postal Delivery
 Georgia, Illinois, Indiana, Kentucky,    Service: U.S. Citizenship and
 Maine, Maryland, Massachusetts,          Immigration Services, Attn:
 Michigan, New Hampshire, New Jersey,     TPS El Salvador, 131 S.
 North Carolina, Ohio, Pennsylvania,      Dearborn--3rd Floor, Chicago,
 Rhode Island, South Carolina, Vermont,   IL 60603-5517.
 Virginia, Washington D.C., West
 Virginia.
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Are applying for re-registration and     U.S. Postal Service: U.S.
 you live in the following states:        Citizenship and Immigration
                                          Services, Attn: TPS El
                                          Salvador, P.O. Box 21800,
                                          Phoenix, AZ 85036.
Arizona, California, Nevada, Oregon,     Non-U.S. Postal Delivery
 Washington.                              Service: U.S. Citizenship and
                                          Immigration Services, Attn:
                                          TPS El Salvador, 1820 E.
                                          Skyharbor Circle S, Suite 100,
                                          Phoenix, AZ 85034.
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Are applying for the first time as a     U.S. Postal Service: U.S.
 late initial registration (this is for   Citizenship and Immigration
 all states/territories)                  Services, Attn: TPS El
                                          Salvador, P.O. Box 8635,
                                          Chicago, IL 60680-8635.
                                         Non-U.S. Postal Delivery
                                          Service: U.S. Citizenship and
                                          Immigration Services, Attn:
                                          TPS El Salvador, 131 S.
                                          Dearborn--3rd Floor, Chicago,
                                          IL 60603-5517.
------------------------------------------------------------------------


[[Page 44649]]

    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 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

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

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 ``El Salvador.''

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 March 9, 2017?

    Provided that you currently have TPS under the designation of El 
Salvador, this Notice automatically extends your EAD by 6 months if 
you:
     Are a national of El Salvador (or an alien having no 
nationality who last habitually resided in El Salvador);
     Received an EAD under the last extension of TPS for El 
Salvador; and
     Have an EAD with a marked expiration date of September 9, 
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 March 
9, 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 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). Or you may present an acceptable 
receipt for List A, List B, or List C documents as described in the 
Employment Eligibility Verification (Form I-9) Instructions. 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 September 9, 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 March 9, 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 March 9, 2017. You 
may also show your employer a copy of this Federal Register Notice 
confirming the automatic extension of employment authorization through 
March 9, 2017. As an alternative to presenting your automatically 
extended EAD, you may choose to present any other acceptable document 
from List A, a combination of one selection from List B and one 
selection from List C, or a valid receipt.

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 September 9, 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 
September 9, 2016, is reached to meet its responsibilities for 
Employment Eligibility Verification (Form I-9). Your employer 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. However, your employer does not need a new document to reverify 
your employment authorization until March 9, 2017, the expiration date 
of the automatic extension. Instead, 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). In addition, 
you may also show this Federal Register Notice to your employer to 
explain what to do for Employment Eligibility Verification (Form I-9).
    By March 9, 2017, the expiration date of the automatic extension, 
your employer must reverify your

[[Page 44650]]

employment authorization. At that time, you must present any document 
from List A or any 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 should 
complete either Section 3 of the Employment Eligibility Verification 
(Form I-9) originally completed for you or, if this Section has already 
been completed or if the version of Employment Eligibility Verification 
(Form I-9) has expired (check the date in the upper right-hand corner 
of the form), complete Section 3 of a new Employment Eligibility 
Verification (Form I-9) using the most current version. Note that 
employers may not specify which List A or List C document employees 
must present, and cannot reject an acceptable receipt.

Can my employer require that I produce any other documentation to prove 
my status, such as proof of my Salvadoran citizenship?

    No. When completing 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 Salvadoran 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. If presented with EADs that have 
been automatically extended, 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 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.

What happens after March 9, 2017, for purposes of employment 
authorization?

    After March 9, 2017, 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 March 9, 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 prior to March 9, 
2017, you and your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Write your alien number (USCIS number or A-number) in the first 
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); and
    c. Write the automatically extended EAD expiration date (March 9, 
2017) in the second space.
    2. For Section 2, employers should record the:
    a. Document title;
    b. Document number; and
    c. Automatically extended EAD expiration date (March 9, 2017).
    By March 9, 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 need to reinspect your 
automatically extended EAD if your employer does not have a copy 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 second space;
    b. Write ``March 9, 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:
    a. Draw a line through the expiration date written in Section 2;
    b. Write ``March 9, 2017'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By March 9, 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?

    E-Verify automated the verification process for employees whose TPS 
status was automatically extended in a Federal Register Notice. If 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 the auto-
extension period for this EAD is about to expire. By March 9, 2017, you 
must reverify employment authorization 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 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.

[[Page 44651]]

Note to Employees

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

[FR Doc. 2016-15802 Filed 7-7-16; 8:45 am]
BILLING CODE 9111-97-P