Six-Month Extension of Temporary Protected Status Benefits for Orderly Transition Before Termination of Liberia's Designation for Temporary Protected Status, 66059-66064 [2016-23250]

Agencies

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

[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Notices]
[Pages 66059-66064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23250]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2588-16; DHS Docket No. USCIS-2014-0011]
RIN 1615-ZB56


Six-Month Extension of Temporary Protected Status Benefits for 
Orderly Transition Before Termination of Liberia's Designation for 
Temporary Protected Status

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The designation of Liberia for Temporary Protected Status 
(TPS) is set to expire on November 21, 2016. After reviewing relevant 
country conditions and consulting with the appropriate U.S. Government 
(Government) agencies, the Secretary of Homeland Security (Secretary) 
has determined that conditions in Liberia 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 Liberia 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 Liberia (and 
aliens having no nationality who last habitually resided in Liberia) 
who have been granted TPS under the Liberia 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However, an individual's TPS may still be withdrawn because of 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 Liberia (and 
aliens having no nationality who last habitually resided in Liberia) 
who have been granted TPS under the Liberia designation will no longer 
have TPS.

DATES: The designation of Liberia 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 Liberia's TPS designation by selecting ``Liberia'' 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 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 Liberia designated for TPS?

    On November 21, 2014, the Secretary designated Liberia 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 Liberia from returning to Liberia 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

[[Page 66060]]

measures that were causing significant disruptions to Liberia's economy 
and individuals' ability to access food and earn a livelihood. See 
Designation of Liberia for Temporary Protected Status, 79 FR 69502 
(Nov. 21, 2014). The Secretary last announced a 6-month extension of 
TPS for Liberia 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 Liberia for 
Temporary Protected Status, 81 FR 15328 (Mar. 22, 2016).

What authority does the Secretary have to terminate the designation of 
Liberia 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 Liberia 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 
Liberia. Based on the reviews and after consulting with DOS, the 
Secretary has determined that the termination of the TPS designation of 
Liberia, after a 6-month extension of TPS benefits for orderly 
transition, is required because the extraordinary and temporary 
conditions that prompted Liberia's designation for TPS have 
substantially resolved and no longer prevent nationals of Liberia 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 Liberia'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 Liberia 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. As of June 2016, 
Guinea, Liberia, and Sierra Leone are all free of EVD. A country is 
considered free of EVD transmission after 42 days have passed since the 
last known person in the country with Ebola receives a second 
consecutive negative blood test for the virus. 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.
    In Liberia, the government and citizens partnered in a successful 
effort to control the epidemic and rapidly respond to any new cases. 
Commerce and imports have begun to rebound, and basic services have 
returned to pre-EVD outbreak levels. The U.S. Department of Health and 
Human Services, Centers for Disease Control and Prevention has no 
Ebola-related Travel Health Notice in place for Liberia as of the date 
of this Notice.
    While health systems and facilities remain 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 Liberia 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. Normal business activity and national life have largely 
resumed, although work is ongoing to rebuild Liberia's economy and 
health care system. 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.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that Liberia 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 
Liberia's TPS designation have substantially resolved and no longer 
prevent nationals of Liberia from returning to Liberia in safety. 
Therefore, after a 6-month extension of TPS benefits for orderly 
transition, the Secretary is terminating the TPS designation of Liberia 
effective at 12:01 a.m., local time, on May 21, 2017, 6 months 
following the end of the current designation. 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 Liberia's designation will automatically retain TPS 
and have their current EADs extended until the

[[Page 66061]]

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 2,160 current Liberia 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 Liberia

    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 Liberia 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 
Liberia 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 2,160 nationals of 
Liberia (and aliens having no nationality who last habitually resided 
in Liberia) who currently receive TPS benefits.
    (3) To provide for an orderly transition, nationals of Liberia (and 
aliens having no nationality who last habitually resided in Liberia) 
who have been granted TPS under the Liberia designation will 
automatically retain TPS until the May 21, 2017, termination date. 
However, an individual's TPS may be withdrawn before 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 Liberia 
(and aliens having no nationality who last habitually resided in 
Liberia).
    (5) Information concerning the termination of TPS for nationals of 
Liberia (and aliens having no nationality who last habitually resided 
in Liberia) 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 Liberia'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 
Liberia 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 Liberia 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 Liberia is not possible or 
preferable for me?

    This Notice terminates the designation of Liberia for TPS. 
Nationals of Liberia (and aliens having no nationality who last 
habitually resided in Liberia) in the United States who believe 
returning to Liberia 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 Liberia becomes 
effective 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. Liberians who are included in the President's 
grant of Deferred Enforced Departure for Liberians, if extended past 
the current expiration date of September 30, 2016, will remain covered 
by Deferred Enforced Departure. 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 Liberia does not necessarily 
affect pending applications for other forms of immigration 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 or protection or if they have no pending 
application to obtain benefits.

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 
Liberia, this Notice automatically extends your EAD by 6 months if you:

[[Page 66062]]

     Are a national of Liberia (or an alien having no 
nationality who last habitually resided in Liberia);
     Received an EAD under the last designation of TPS for 
Liberia; 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 Employment Eligibility Verification 
(Form I-9) to reverify employment authorization, or an acceptable List 
A or List C receipt described in the Employment Eligibility 
Verification (Form I-9) instructions. Your employer is required to 
reverify on Employment Eligibility Verification (Form I-9) the 
employment authorization of current employees 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 Employment Eligibility Verification (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 Liberian citizenship?

    No. When completing Employment Eligibility Verification (Form I-9), 
including reverifying employment authorization, employers must accept 
any documentation that appears on the ``Lists of Acceptable Documents'' 
for Employment Eligibility Verification (Form I-9) that reasonably 
appears to be genuine and that relates to you or an acceptable List A, 
List B, or List C receipt. Employers may not request documentation that 
does not appear on the ``Lists of Acceptable Documents.'' Therefore, 
employers may not request proof of Liberian 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.

[[Page 66063]]

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 20, 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 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 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 receipt described in the Employment 
Eligibility Verification (Form I-9) Instructions. Employers may not 
require extra or additional documentation beyond what is required for 
Employment Eligibility Verification (Form I-9) completion. Further, 
employers participating in E-Verify who receive an E-Verify case result 
of ``Tentative Nonconfirmation'' (TNC) must promptly inform employees 
of the TNC and give such employees an opportunity to contest the TNC. A 
TNC case result means that the information entered into E-Verify from 
Employment Eligibility Verification (Form I-9) differs from Federal or 
State government records.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against you based on your 
decision to contest a TNC or because the case is still pending with E-
Verify. A Final Nonconfirmation (FNC) case result is received when E-
Verify cannot verify your employment eligibility. An employer may 
terminate employment based on a case result of FNC. Work-authorized 
employees who receive an FNC may call USCIS for assistance at 888-897-
7781 (TTY 877-875-6028). If you believe you were discriminated against 
by an employer in the E-Verify process based on citizenship, 
immigration status, or national origin, you may contact OSC's Worker 
Information Hotline at 800-255-7688 (TTY 800-237-2515). Additional

[[Page 66064]]

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. 2016-23250 Filed 9-22-16; 4:15 pm]
 BILLING CODE 9111-97-P