Six-Month Extension of Temporary Protected Status Benefits for Orderly Transition Before Termination of Guinea's Designation for Temporary Protected Status, 66064-66069 [2016-23244]
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information about proper
nondiscriminatory Employment
Eligibility Verification (Form I–9) and EVerify 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);
(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
confirm the current immigration status
of applicants for public benefits. In most
cases, SAVE provides an automated
electronic response to benefit granting
agencies within seconds but
occasionally verification can be delayed.
You can check the status of your SAVE
verification by using CaseCheck at the
following link: https://save.uscis.gov/
casecheck/, then by clicking the ‘‘Check
Your Case’’ button. CaseCheck is a free
service that lets you follow the progress
of your SAVE verification using your
date of birth and one immigration
identifier number. If such an agency has
denied your application based solely or
in part on a SAVE response, the agency
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19:40 Sep 23, 2016
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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. 2016–23250 Filed 9–22–16; 4:15 pm]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2587–16; DHS Docket No. USCIS–
2014–0010]
RIN 1615–ZB55
Six-Month Extension of Temporary
Protected Status Benefits for Orderly
Transition Before Termination of
Guinea’s Designation for Temporary
Protected Status
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
AGENCY:
The designation of Guinea for
Temporary Protected Status (TPS) is set
to expire on November 21, 2016. After
reviewing country conditions and
consulting with the appropriate U.S.
Government (Government) agencies, the
Secretary of the Department of
Homeland Security (Secretary) has
determined that conditions in Guinea
no longer support its designation for
TPS and is therefore extending TPS
benefits for 6 months for the purpose of
orderly transition before the TPS
designation of Guinea terminates. This
termination will be effective May 21,
2017, 6 months following the end of the
current designation.
To provide for an orderly transition,
nationals of Guinea (and aliens having
no nationality who last habitually
resided in Guinea) who have been
granted TPS under the Guinea
designation will automatically retain
their TPS and have their current tpsbased Employment Authorization
Documents (EAD) extended through
SUMMARY:
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May 20, 2017. However, an individual’s
TPS may still be withdrawn because of
ineligibility for TPS. On May 21, 2017,
nationals of Guinea (and aliens having
no nationality who last habitually
resided in Guinea) who have been
granted TPS under the Guinea
designation will no longer have TPS.
DATES: The designation of Guinea for
TPS is terminated effective at 12:01
a.m., local time, on May 21, 2017.
FOR FURTHER INFORMATION CONTACT:
• For further information on TPS,
please visit the U.S. Citizenship and
Immigration Services (USCIS) TPS Web
page at https://www.uscis.gov/tps. You
can find specific information about the
termination of Guinea’s TPS designation
by selecting ‘‘Guinea’’ from the menu on
the left side 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).
• Further information will also be
available at local USCIS offices upon
publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
DHS—Department of Homeland Security
DOS—Department of State
EAD—Employment Authorization Document
EVD—Ebola Virus Disease
FNC—Final Nonconfirmation
Government—U.S. Government
INA—Immigration and Nationality Act
OSC—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
WHO—World Health Organization
What is Temporary Protected Status
(TPS)?
• TPS is a temporary immigration
status granted to eligible nationals of a
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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 criteria
described in INA section 244(c), 8
U.S.C. 1254a(c) and 8 CFR part 244.
• 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
immigration status they lawfully
obtained while registered for TPS.
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When was Guinea designated for TPS?
On November 21, 2014, the Secretary
designated Guinea for TPS for a period
of 18 months due to the extraordinary
and temporary conditions caused by an
epidemic of Ebola Virus Disease (EVD)
in West Africa that prevented nationals
of Guinea from returning to Guinea in
safety. The conditions included high
EVD transmission rates in wide-spread
geographic areas, overwhelmed health
care systems unable to handle the large
number of EVD patients or to provide
treatment for normally preventable or
treatable conditions, and containment
measures that were causing significant
disruptions to Guinea’s economy and
individuals’ ability to access food and
earn a livelihood. See Designation of
Guinea for Temporary Protected Status,
79 FR 69511 (Nov. 21, 2014). The
Secretary last announced a 6-month
extension of TPS for Guinea on March
22, 2016, based on his determination
that although there were significant
improvements, conditions supporting
the designation persisted. See Extension
of the Designation of Guinea for
Temporary Protected Status, 81 FR
15339 (Mar. 22, 2016).
What authority does the Secretary have
to terminate the designation of Guinea
for TPS?
Section 244(b)(1) of the INA, 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate
Government agencies, to designate a
foreign state (or part thereof) for TPS if
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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).
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, but such
termination may not take effect earlier
than 60 days after the date the Federal
Register notice of termination is
published, or if later, the expiration of
the most recent previous extension of
the country designation. See INA
section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B). The Secretary may
determine the appropriate effective date
of the termination and the expiration of
any TPS-related documentation, such as
EADs, for the purpose of providing an
orderly transition. See id.; INA section
244(d)(3), 8 U.S.C. 1254a(d)(3).
Why is the Secretary terminating the
designation of Guinea for TPS as of
May 21, 2017, after a 6-month extension
of TPS benefits for the purpose of
orderly transition?
DHS and the Department of State
(DOS) have reviewed conditions in
Guinea. Based on the reviews and after
consulting with DOS, the Secretary has
determined that the termination of the
TPS designation of Guinea, after a 6month extension of TPS benefits for
orderly transition, is required because
the extraordinary and temporary
conditions that prompted Guinea’s
designation for TPS have substantially
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 the Department of
Homeland Security (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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resolved and no longer prevent
nationals of Guinea from returning in
safety.
Guinea, Liberia, and Sierra Leone
were designated for TPS in the midst of
the largest EVD outbreak in history.
From March 2014 through November
2015, these three countries suffered over
11,000 deaths among their more than
28,500 cases of EVD. At the height of the
outbreak in late 2014, Ebola was
spreading rapidly, with hundreds of
new cases being reported each week, the
health care systems overwhelmed, and
containment measures causing
significant disruptions to individuals’
ability to access food and earn a
livelihood. While the impacts of the
epidemic pose a lasting challenge to
Guinea’s economy and the capacity of
its health system to provide treatment
for preventable or treatable conditions,
at this time, the EVD epidemic has
subsided, and conditions have
improved since the Secretary initially
designated Guinea for TPS.
A robust response by the international
community and the governments of
Guinea, Liberia, and Sierra Leone has
brought the EVD epidemic in West
Africa under control and begun the
long-term work of rebuilding regional
economies and health systems. Guinea
was initially declared Ebola-free on
December 29, 2015, by the World Health
Organization (WHO). On March 29,
2016, the WHO Director-General
declared the end of the Public Health
Emergency of International Concern
regarding the EVD outbreak in West
Africa. In conjunction with ending the
public health emergency, the WHO
emphasized that there should be no
restrictions on travel and trade with
Guinea, Liberia, and Sierra Leone. As of
June 2016, the WHO declared Guinea
free of Ebola transmission. A country is
considered free of EVD transmission
after 42 days have passed since the last
known person in the country with EVD
receives a second consecutive negative
blood test for the virus. As of August 31,
2016, Guinea had completed a 90-day
period of enhanced surveillance for EVD
following the declaration that it was free
of EVD transmission. While the risk of
flare-ups of EVD remains, efforts are
underway to promote, over time, robust
prevention, surveillance, and response
capacity across all three countries.
The Guinean government has
established response and containment
measures to detect the movement of
symptomatic persons and conducts inhome monitoring of those who have
been exposed to EVD. Guineans return
daily from travel abroad, and airlines
are operating almost at capacity. While
health systems and facilities remain
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fragile, medical centers are no longer
overwhelmed by patients with EVD.
High rates of child mortality both before
and since the EVD epidemic are
indicative of the overall fragility of the
health system. Although this is
comparable to other countries in the
region, systems in Guinea must also be
able to address ongoing issues of trust
between healthcare facilities and
communities, as well as continue to care
for Ebola survivors who have a series of
ongoing and previously unforeseen
health conditions, both of which will
continue to exacerbate and underscore
the fragility of these systems. There are
no parts of the country that should be
avoided because of the virus. Normal
business activity and national life have
largely resumed, although work is
ongoing to rebuild Guinea’s economy
and health care system. The U.S.
Department of Health and Human
Services, Centers for Disease Control
and Prevention has no Travel Health
Notice in place for Guinea related to
Ebola as of the date of this Notice.
Based upon this review and after
consultation with appropriate
Government agencies, the Secretary has
determined that Guinea no longer
continues to meet the statutorily
required conditions for a TPS
designation on the basis of
extraordinary and temporary conditions,
because the extraordinary and
temporary conditions that prompted
Guinea’s TPS designation have
substantially resolved and no longer
prevent nationals of Guinea from
returning to Guinea in safety. Therefore,
after a 6-month extension of TPS
benefits for orderly transition, the
Secretary is terminating the TPS
designation of Guinea effective at 12:01
a.m., local time, on May 21, 2017. See
INA section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B).
To provide for an orderly transition,
individuals who have been granted TPS
under Guinea’s designation will
automatically retain TPS and have their
current EADs extended until the
termination date. See INA section
244(d)(3), 8 U.S.C. 1254a(d)(3). DHS
may, however, withdraw TPS from any
beneficiary who fails to continue
meeting the requirements for TPS. See
INA section 244(c)(3), 8 U.S.C.
1254a(c)(3). There are approximately
930 current Guinea TPS beneficiaries.
These persons are urged to use the time
before termination of their TPS to
prepare for and arrange their departure
from the United States or, in the
alternative, to apply for other
immigration benefits for which they are
eligible.
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Notice of Six-Month Extension of TPS
Benefits for Orderly Transition Before
Termination of the TPS Designation of
Guinea
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 Guinea no
longer meets the conditions for
designation of TPS under INA section
244(b)(1). 8 U.S.C. 1254a(b)(1).
Accordingly, I order as follows:
(1) Pursuant to INA section
244(b)(3)(B), the designation of Guinea
for TPS is terminated effective at 12:01
a.m., local time on May 21, 2017, 6
months following the end of the current
designation.
(2) DHS estimates that there are
approximately 930 nationals of Guinea
(and aliens having no nationality who
last habitually resided in Guinea) who
currently receive TPS benefits.
(3) To provide for an orderly
transition, nationals of Guinea (and
aliens having no nationality who last
habitually resided in Guinea) who have
been granted TPS under the Guinea
designation will automatically retain
TPS until the May 21, 2017, termination
date. However, an individual’s TPS may
be withdrawn prior to this date under
INA section 244(c)(3) and 8 CFR 244.14
because of ineligibility for TPS.
(4) TPS-based EADs that expire on
November 21, 2016, are extended
automatically through May 20, 2017, for
qualified nationals of Guinea (and aliens
having no nationality who last
habitually resided in Guinea).
(5) Information concerning the
termination of TPS for nationals of
Guinea (and aliens having no
nationality who last habitually resided
in Guinea) will be available at local
USCIS offices upon publication of this
Notice and through the USCIS National
Customer Service Center at 1–800–375–
5283. This information will be
published on the USCIS Web site at
www.USCIS.gov.
Jeh Charles Johnson,
Secretary.
If I currently have TPS under Guinea’s
designation, do I need to re-register to
keep my TPS until May 21, 2017, the
termination date?
No. If you already have been granted
TPS benefits through the Guinea TPS
program, you do not have to re-register
to keep your TPS benefits. You will
automatically retain TPS until the
termination date. However, your TPS
may still be withdrawn under INA
section 244(c)(3) and 8 CFR part 244
because of ineligibility for TPS. 8 U.S.C.
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1254a(c)(3), 8 CFR 244.14. When
termination becomes effective on May
21, 2017, you will no longer have TPS.
Why is the Secretary automatically
extending the validity of EADs from
November 21, 2016, through May 20,
2017?
The Secretary has decided to extend
automatically the validity of EADs to
provide for an orderly transition leading
up to the effective date for the
termination of the Guinea TPS
designation. Therefore, the validity of
the applicable EADs is extended for a
period of 6 months, through May 20,
2017. 8 U.S.C. 1254a(a)(2) and (d)(3).
Must qualified individuals apply for the
automatic extension of their TPSRelated EADs through May 20, 2017?
No. Qualified individuals do not have
to apply for this extension of their TPSrelated EADs through May 20, 2017.
What may I do if I believe that
returning to Guinea is not possible or
preferable for Me?
This Notice terminates the
designation of Guinea for TPS.
Nationals of Guinea (and aliens having
no nationality who last habitually
resided in Guinea) in the United States
who believe returning to Guinea is not
possible or preferable for them may be
eligible to apply for another
immigration status, such as lawful
permanent residence, asylum, or a
nonimmigrant status. Eligibility for
these and other immigration benefits is
determined individually on a case-bycase basis. For information about
eligibility and how to apply, visit the
USCIS Web site at www.USCIS.gov or
call the USCIS National Customer
Service Center at 1–800–375–5283.
How does the termination of TPS affect
my immigration status and what can I
do?
After the termination of the TPS
designation of Guinea becomes effective
on May 21, 2017, former TPS
beneficiaries will maintain the same
immigration status they held before TPS
(unless the status has since expired or
been terminated) or any other status
they may have acquired while registered
for TPS. Accordingly, if a TPS
beneficiary held no lawful immigration
status before being granted TPS and did
not obtain any other status during the
TPS period, he or she may be subject to
removal upon the termination of the
TPS designation. TPS-related EADs will
expire on May 20, 2017, and will not be
renewed.
Termination of the TPS designation
for Guinea does not necessarily affect
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pending applications for other forms of
immigration status, relief or protection.
However, former TPS beneficiaries will
begin to accrue unlawful presence as of
May 21, 2017, if they have not been
granted any other immigration status,
relief, protection, or authorization to
remain in the United States.
Employment Authorization Document
(EAD)
How can I obtain information on the
status of my EAD request?
To get case status information about
your 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.
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Am I eligible to receive an automatic 6month extension of my current EAD
through May 20, 2017?
Provided that you currently have TPS
under the designation of Guinea, this
Notice automatically extends your EAD
by 6 months if you:
• Are a national of Guinea (or an
alien having no nationality who last
habitually resided in Guinea);
• Received an EAD under the
designation of Guinea for TPS; and
• Have an EAD with a marked
expiration date of November 21, 2016,
bearing the notation ‘‘A–12’’ or ‘‘C–19’’
on the face of the card under
‘‘Category.’’
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 Form I–9.
You can find additional detailed
information on the USCIS I–9 Central
Web page at https://www.uscis.gov/I9Central. 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.
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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.’’ Or you may
present an acceptable receipt for a List
A, List B, or List C document as
described in the Form I–9 Instructions.
An acceptable receipt includes a
document that shows an employee has
applied to replace a required document
that was lost, stolen, or damaged. If you
present an acceptable receipt for the
application of a replacement document,
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
November 21, 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 Form I–9 through May 20, 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 May 20,
2017. You may also show your
employer a copy of this Federal Register
Notice confirming the automatic
extension of employment authorization
through May 20, 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 November 21, 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 November 21, 2016,
is reached to meet its responsibilities for
Employment Eligibility Verification
(Form I–9). Your employer may need to
re-inspect your automatically extended
EAD to check the expiration date and
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code to record the updated expiration
date on your Employment Eligibility
Verification (Form I–9) if he or she did
not keep a copy of this EAD at the time
you initially presented it. You and your
employer must make corrections to the
employment authorization expiration
dates in Section 1 and Section 2 of
Employment Eligibility Verification
(Form I–9) (see the subsection titled
‘‘What corrections should my current
employer and I make to Employment
Eligibility Verification (Form I–9) if my
EAD has been automatically extended?’’
for further information). You are also
strongly encouraged, although not
required, to show this Federal Register
Notice to your employer to explain what
to do for Employment Eligibility
Verification (Form I–9).
By May 20, 2017, the expiration date
of the automatic extension, your
employer must reverify your
employment authorization. If you are
employment authorized beyond the
expiration date of the automatic
extension, you must present any
unexpired document from List A or any
unexpired document from List C on
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 no later than the
automatically extended expiration date
of a TPS-related EAD, which is May 20,
2017, in this case. Your employer
should use 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 Form I–
9 is no longer valid (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 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 described in the
Employment Eligibility Verification
(Form I–9) Instructions and includes
one that shows an employee has applied
to replace a required 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
Guinean citizenship?
No. When completing Employment
Eligibility Verification (Form I–9),
including reverifying employment
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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 Guinean 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.
What happens after May 20, 2017, for
purposes of employment authorization?
After May 20, 2017, employers may
no longer accept the EADs that this
Federal Register Notice automatically
extended.
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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 May 21, 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 (May 20, 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 (May 20, 2017).
No later than May 20, 2017,
employers must reverify your
employment authorization in Section 3
of Employment Eligibility Verification
(Form I–9).
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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 photocopy of
the EAD on file, and you and your
employer should correct your
previously completed 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 ‘‘May 20, 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 ‘‘May 20, 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.
No later than May 20, 2017, when the
automatic extension of EADs expires,
employers must reverify your
employment authorization in Section 3.
As an employer, what are my
Employment Eligibility Verification
(Form I–9) obligations after May 20,
2017?
Employers are required to reverify an
employee’s employment authorization
in Section 3 of Employment Eligibility
Verification (Form I–9) by the expiration
date of an automatically extended EAD.
Your employee must present unexpired
documentation from either List A or List
C (or an acceptable Form I–9 receipt)
showing he or she is still authorized to
work. Employers may not ask for
specific documents; employees choose
which List A or List C documents to
present from the Lists of Acceptable
Documents.
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 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
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Expiring’’ case alert when the autoextension period for this EAD is about
to expire. E-Verify will not send an alert
for the original November 21, 2016,
expiration date. By May 20, 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
Federal Register 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,
including discrimination related to
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 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
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Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Notices
(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. Workauthorized 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,
immigration status, or 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 EVerify 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.
mstockstill on DSK3G9T082PROD with NOTICES
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);
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19:40 Sep 23, 2016
Jkt 238001
(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
confirm the current immigration status
of applicants for public benefits. In most
cases, SAVE provides an automated
electronic response to benefit granting
agencies within seconds but
occasionally verification can be delayed.
You can check the status of your SAVE
verification by using CaseCheck at the
following link: https://save.uscis.gov/
casecheck/, then by clicking the ‘‘Check
Your Case’’ button. CaseCheck is a free
service that lets you follow the progress
of your SAVE verification using your
date of birth and one immigration
identifier number. 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. 2016–23244 Filed 9–22–16; 4:15 pm]
BILLING CODE 9111–97–P
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66069
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5919–N–01]
60-Day Notice of Proposed Information
Collection: Notice of Proposed
Information Collection for Public
Comment; Electronic Line of Credit
Control System (eLOCCS) System
Access
Office of the Chief Financial
Officer, HUD.
ACTION: Notice of proposed information
collection.
AGENCY:
The proposed information
collection requirement described below
will be submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. The Department is
soliciting public comments on the
subject proposal.
This information collection is
required by the Paperwork Reduction
Act of 1995. HUD is soliciting public
comments on the subject proposal.
DATES: Comments Due: November 25,
2016.
SUMMARY:
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Anna P. Guido, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW., Room 4176, Washington, DC
20410–5000; telephone 202–402–5534
(this is not a toll-free number) or email
at Anna.P.Guido@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT: Dan
Lam, Management Information
Specialist, FYA, Department of Housing
and Urban Development, 451 7th Street
SW., Room 3204, Washington, DC
20410; email Dan Lam at Dan.Lam@
hud.gov or telephone 202–402–3705.
This is not a toll-free number. Persons
with hearing or speech impairments
may access this number through TTY by
calling the toll-free Federal Relay
Service at (800) 877–8339. Copies of
available documents submitted to OMB
may be obtained from Mr. Lam.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
ADDRESSES:
E:\FR\FM\26SEN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Notices]
[Pages 66064-66069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23244]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2587-16; DHS Docket No. USCIS-2014-0010]
RIN 1615-ZB55
Six-Month Extension of Temporary Protected Status Benefits for
Orderly Transition Before Termination of Guinea's Designation for
Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The designation of Guinea for Temporary Protected Status (TPS)
is set to expire on November 21, 2016. After reviewing country
conditions and consulting with the appropriate U.S. Government
(Government) agencies, the Secretary of the Department of Homeland
Security (Secretary) has determined that conditions in Guinea no longer
support its designation for TPS and is therefore extending TPS benefits
for 6 months for the purpose of orderly transition before the TPS
designation of Guinea terminates. This termination will be effective
May 21, 2017, 6 months following the end of the current designation.
To provide for an orderly transition, nationals of Guinea (and
aliens having no nationality who last habitually resided in Guinea) who
have been granted TPS under the Guinea designation will automatically
retain their TPS and have their current tps-based Employment
Authorization Documents (EAD) extended through May 20, 2017. However,
an individual's TPS may still be withdrawn because of ineligibility for
TPS. On May 21, 2017, nationals of Guinea (and aliens having no
nationality who last habitually resided in Guinea) who have been
granted TPS under the Guinea designation will no longer have TPS.
DATES: The designation of Guinea for TPS is terminated effective at
12:01 a.m., local time, on May 21, 2017.
FOR FURTHER INFORMATION CONTACT:
For further information on TPS, please visit the U.S.
Citizenship and Immigration Services (USCIS) TPS Web page at https://www.uscis.gov/tps. You can find specific information about the
termination of Guinea's TPS designation by selecting ``Guinea'' from
the menu on the left side 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).
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
EVD--Ebola Virus Disease
FNC--Final Nonconfirmation
Government--U.S. Government
INA--Immigration and Nationality Act
OSC--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
WHO--World Health Organization
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a
[[Page 66065]]
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 criteria described in INA section 244(c), 8 U.S.C. 1254a(c)
and 8 CFR part 244.
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 immigration status they lawfully obtained
while registered for TPS.
When was Guinea designated for TPS?
On November 21, 2014, the Secretary designated Guinea for TPS for a
period of 18 months due to the extraordinary and temporary conditions
caused by an epidemic of Ebola Virus Disease (EVD) in West Africa that
prevented nationals of Guinea from returning to Guinea in safety. The
conditions included high EVD transmission rates in wide-spread
geographic areas, overwhelmed health care systems unable to handle the
large number of EVD patients or to provide treatment for normally
preventable or treatable conditions, and containment measures that were
causing significant disruptions to Guinea's economy and individuals'
ability to access food and earn a livelihood. See Designation of Guinea
for Temporary Protected Status, 79 FR 69511 (Nov. 21, 2014). The
Secretary last announced a 6-month extension of TPS for Guinea on March
22, 2016, based on his determination that although there were
significant improvements, conditions supporting the designation
persisted. See Extension of the Designation of Guinea for Temporary
Protected Status, 81 FR 15339 (Mar. 22, 2016).
What authority does the Secretary have to terminate the designation of
Guinea for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate Government agencies, 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).
---------------------------------------------------------------------------
\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 the Department of Homeland Security (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).
---------------------------------------------------------------------------
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, but such termination may not take effect earlier than 60
days after the date the Federal Register notice of termination is
published, or if later, the expiration of the most recent previous
extension of the country designation. See INA section 244(b)(3)(B), 8
U.S.C. 1254a(b)(3)(B). The Secretary may determine the appropriate
effective date of the termination and the expiration of any TPS-related
documentation, such as EADs, for the purpose of providing an orderly
transition. See id.; INA section 244(d)(3), 8 U.S.C. 1254a(d)(3).
Why is the Secretary terminating the designation of Guinea for TPS as
of May 21, 2017, after a 6-month extension of TPS benefits for the
purpose of orderly transition?
DHS and the Department of State (DOS) have reviewed conditions in
Guinea. Based on the reviews and after consulting with DOS, the
Secretary has determined that the termination of the TPS designation of
Guinea, after a 6-month extension of TPS benefits for orderly
transition, is required because the extraordinary and temporary
conditions that prompted Guinea's designation for TPS have
substantially resolved and no longer prevent nationals of Guinea from
returning in safety.
Guinea, Liberia, and Sierra Leone were designated for TPS in the
midst of the largest EVD outbreak in history. From March 2014 through
November 2015, these three countries suffered over 11,000 deaths among
their more than 28,500 cases of EVD. At the height of the outbreak in
late 2014, Ebola was spreading rapidly, with hundreds of new cases
being reported each week, the health care systems overwhelmed, and
containment measures causing significant disruptions to individuals'
ability to access food and earn a livelihood. While the impacts of the
epidemic pose a lasting challenge to Guinea's economy and the capacity
of its health system to provide treatment for preventable or treatable
conditions, at this time, the EVD epidemic has subsided, and conditions
have improved since the Secretary initially designated Guinea for TPS.
A robust response by the international community and the
governments of Guinea, Liberia, and Sierra Leone has brought the EVD
epidemic in West Africa under control and begun the long-term work of
rebuilding regional economies and health systems. Guinea was initially
declared Ebola-free on December 29, 2015, by the World Health
Organization (WHO). On March 29, 2016, the WHO Director-General
declared the end of the Public Health Emergency of International
Concern regarding the EVD outbreak in West Africa. In conjunction with
ending the public health emergency, the WHO emphasized that there
should be no restrictions on travel and trade with Guinea, Liberia, and
Sierra Leone. As of June 2016, the WHO declared Guinea free of Ebola
transmission. A country is considered free of EVD transmission after 42
days have passed since the last known person in the country with EVD
receives a second consecutive negative blood test for the virus. As of
August 31, 2016, Guinea had completed a 90-day period of enhanced
surveillance for EVD following the declaration that it was free of EVD
transmission. While the risk of flare-ups of EVD remains, efforts are
underway to promote, over time, robust prevention, surveillance, and
response capacity across all three countries.
The Guinean government has established response and containment
measures to detect the movement of symptomatic persons and conducts in-
home monitoring of those who have been exposed to EVD. Guineans return
daily from travel abroad, and airlines are operating almost at
capacity. While health systems and facilities remain
[[Page 66066]]
fragile, medical centers are no longer overwhelmed by patients with
EVD. High rates of child mortality both before and since the EVD
epidemic are indicative of the overall fragility of the health system.
Although this is comparable to other countries in the region, systems
in Guinea must also be able to address ongoing issues of trust between
healthcare facilities and communities, as well as continue to care for
Ebola survivors who have a series of ongoing and previously unforeseen
health conditions, both of which will continue to exacerbate and
underscore the fragility of these systems. There are no parts of the
country that should be avoided because of the virus. Normal business
activity and national life have largely resumed, although work is
ongoing to rebuild Guinea's economy and health care system. The U.S.
Department of Health and Human Services, Centers for Disease Control
and Prevention has no Travel Health Notice in place for Guinea related
to Ebola as of the date of this Notice.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary has determined that Guinea no longer
continues to meet the statutorily required conditions for a TPS
designation on the basis of extraordinary and temporary conditions,
because the extraordinary and temporary conditions that prompted
Guinea's TPS designation have substantially resolved and no longer
prevent nationals of Guinea from returning to Guinea in safety.
Therefore, after a 6-month extension of TPS benefits for orderly
transition, the Secretary is terminating the TPS designation of Guinea
effective at 12:01 a.m., local time, on May 21, 2017. See INA section
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
To provide for an orderly transition, individuals who have been
granted TPS under Guinea's designation will automatically retain TPS
and have their current EADs extended until the termination date. See
INA section 244(d)(3), 8 U.S.C. 1254a(d)(3). DHS may, however, withdraw
TPS from any beneficiary who fails to continue meeting the requirements
for TPS. See INA section 244(c)(3), 8 U.S.C. 1254a(c)(3). There are
approximately 930 current Guinea TPS beneficiaries. These persons are
urged to use the time before termination of their TPS to prepare for
and arrange their departure from the United States or, in the
alternative, to apply for other immigration benefits for which they are
eligible.
Notice of Six-Month Extension of TPS Benefits for Orderly Transition
Before Termination of the TPS Designation of Guinea
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 Guinea no longer meets the
conditions for designation of TPS under INA section 244(b)(1). 8 U.S.C.
1254a(b)(1).
Accordingly, I order as follows:
(1) Pursuant to INA section 244(b)(3)(B), the designation of Guinea
for TPS is terminated effective at 12:01 a.m., local time on May 21,
2017, 6 months following the end of the current designation.
(2) DHS estimates that there are approximately 930 nationals of
Guinea (and aliens having no nationality who last habitually resided in
Guinea) who currently receive TPS benefits.
(3) To provide for an orderly transition, nationals of Guinea (and
aliens having no nationality who last habitually resided in Guinea) who
have been granted TPS under the Guinea designation will automatically
retain TPS until the May 21, 2017, termination date. However, an
individual's TPS may be withdrawn prior to this date under INA section
244(c)(3) and 8 CFR 244.14 because of ineligibility for TPS.
(4) TPS-based EADs that expire on November 21, 2016, are extended
automatically through May 20, 2017, for qualified nationals of Guinea
(and aliens having no nationality who last habitually resided in
Guinea).
(5) Information concerning the termination of TPS for nationals of
Guinea (and aliens having no nationality who last habitually resided in
Guinea) will be available at local USCIS offices upon publication of
this Notice and through the USCIS National Customer Service Center at
1-800-375-5283. This information will be published on the USCIS Web
site at www.USCIS.gov.
Jeh Charles Johnson,
Secretary.
If I currently have TPS under Guinea's designation, do I need to re-
register to keep my TPS until May 21, 2017, the termination date?
No. If you already have been granted TPS benefits through the
Guinea TPS program, you do not have to re-register to keep your TPS
benefits. You will automatically retain TPS until the termination date.
However, your TPS may still be withdrawn under INA section 244(c)(3)
and 8 CFR part 244 because of ineligibility for TPS. 8 U.S.C.
1254a(c)(3), 8 CFR 244.14. When termination becomes effective on May
21, 2017, you will no longer have TPS.
Why is the Secretary automatically extending the validity of EADs from
November 21, 2016, through May 20, 2017?
The Secretary has decided to extend automatically the validity of
EADs to provide for an orderly transition leading up to the effective
date for the termination of the Guinea TPS designation. Therefore, the
validity of the applicable EADs is extended for a period of 6 months,
through May 20, 2017. 8 U.S.C. 1254a(a)(2) and (d)(3).
Must qualified individuals apply for the automatic extension of their
TPS-Related EADs through May 20, 2017?
No. Qualified individuals do not have to apply for this extension
of their TPS-related EADs through May 20, 2017.
What may I do if I believe that returning to Guinea is not possible or
preferable for Me?
This Notice terminates the designation of Guinea for TPS. Nationals
of Guinea (and aliens having no nationality who last habitually resided
in Guinea) in the United States who believe returning to Guinea is not
possible or preferable for them may be eligible to apply for another
immigration status, such as lawful permanent residence, asylum, or a
nonimmigrant status. Eligibility for these and other immigration
benefits is determined individually on a case-by-case basis. For
information about eligibility and how to apply, visit the USCIS Web
site at www.USCIS.gov or call the USCIS National Customer Service
Center at 1-800-375-5283.
How does the termination of TPS affect my immigration status and what
can I do?
After the termination of the TPS designation of Guinea becomes
effective on May 21, 2017, former TPS beneficiaries will maintain the
same immigration status they held before TPS (unless the status has
since expired or been terminated) or any other status they may have
acquired while registered for TPS. Accordingly, if a TPS beneficiary
held no lawful immigration status before being granted TPS and did not
obtain any other status during the TPS period, he or she may be subject
to removal upon the termination of the TPS designation. TPS-related
EADs will expire on May 20, 2017, and will not be renewed.
Termination of the TPS designation for Guinea does not necessarily
affect
[[Page 66067]]
pending applications for other forms of immigration status, relief or
protection. However, former TPS beneficiaries will begin to accrue
unlawful presence as of May 21, 2017, if they have not been granted any
other immigration status, relief, protection, or authorization to
remain in the United States.
Employment Authorization Document (EAD)
How can I obtain information on the status of my EAD request?
To get case status information about your 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 May 20, 2017?
Provided that you currently have TPS under the designation of
Guinea, this Notice automatically extends your EAD by 6 months if you:
Are a national of Guinea (or an alien having no
nationality who last habitually resided in Guinea);
Received an EAD under the designation of Guinea for TPS;
and
Have an EAD with a marked expiration date of November 21,
2016, bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.''
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 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.'' Or you may present an acceptable receipt for a List
A, List B, or List C document as described in the Form I-9
Instructions. An acceptable receipt includes a document that shows an
employee has applied to replace a required document that was lost,
stolen, or damaged. If you present an acceptable receipt for the
application of a replacement document, 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 November 21, 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 Form I-9 through May 20, 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
May 20, 2017. You may also show your employer a copy of this Federal
Register Notice confirming the automatic extension of employment
authorization through May 20, 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 November 21, 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
November 21, 2016, is reached to meet its responsibilities for
Employment Eligibility Verification (Form I-9). Your employer may need
to re-inspect your automatically extended EAD to check the expiration
date and code to record the updated expiration date on your Employment
Eligibility Verification (Form I-9) if he or she did not keep a copy of
this EAD at the time you initially presented it. You and your employer
must make corrections to the employment authorization expiration dates
in Section 1 and Section 2 of Employment Eligibility Verification (Form
I-9) (see the subsection titled ``What corrections should my current
employer and I make to Employment Eligibility Verification (Form I-9)
if my EAD has been automatically extended?'' for further information).
You are also strongly encouraged, although not required, to show this
Federal Register Notice to your employer to explain what to do for
Employment Eligibility Verification (Form I-9).
By May 20, 2017, the expiration date of the automatic extension,
your employer must reverify your employment authorization. If you are
employment authorized beyond the expiration date of the automatic
extension, you must present any unexpired document from List A or any
unexpired document from List C on 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 no later
than the automatically extended expiration date of a TPS-related EAD,
which is May 20, 2017, in this case. Your employer should use 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 Form I-9 is no longer valid (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 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 described in the
Employment Eligibility Verification (Form I-9) Instructions and
includes one that shows an employee has applied to replace a required
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 Guinean citizenship?
No. When completing Employment Eligibility Verification (Form I-9),
including reverifying employment
[[Page 66068]]
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 Guinean 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.
What happens after May 20, 2017, for purposes of employment
authorization?
After May 20, 2017, employers may no longer accept the EADs that
this Federal Register Notice automatically extended.
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 May 21, 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 (May 20,
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 (May 20, 2017).
No later than May 20, 2017, employers must reverify your employment
authorization in Section 3 of 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 photocopy
of the EAD on file, and you and your employer should correct your
previously completed 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 ``May 20, 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 ``May 20, 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.
No later than May 20, 2017, when the automatic extension of EADs
expires, employers must reverify your employment authorization in
Section 3.
As an employer, what are my Employment Eligibility Verification (Form
I-9) obligations after May 20, 2017?
Employers are required to reverify an employee's employment
authorization in Section 3 of Employment Eligibility Verification (Form
I-9) by the expiration date of an automatically extended EAD. Your
employee must present unexpired documentation from either List A or
List C (or an acceptable Form I-9 receipt) showing he or she is still
authorized to work. Employers may not ask for specific documents;
employees choose which List A or List C documents to present from the
Lists of Acceptable Documents.
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 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. E-Verify will
not send an alert for the original November 21, 2016, expiration date.
By May 20, 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 Federal Register 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, including discrimination related to 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 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
[[Page 66069]]
(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,
immigration status, or 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);
(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 confirm the current
immigration status of applicants for public benefits. In most cases,
SAVE provides an automated electronic response to benefit granting
agencies within seconds but occasionally verification can be delayed.
You can check the status of your SAVE verification by using CaseCheck
at the following link: https://save.uscis.gov/casecheck/, then by
clicking the ``Check Your Case'' button. CaseCheck is a free service
that lets you follow the progress of your SAVE verification using your
date of birth and one immigration identifier number. 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. 2016-23244 Filed 9-22-16; 4:15 pm]
BILLING CODE 9111-97-P
