Filing Procedures for Employment Authorization and Automatic Extension of Existing Employment Authorization Documents for Liberians Eligible for Deferred Enforced Departure, 67366-67371 [2016-23798]
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67366
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices
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[FR Doc. 2016–23603 Filed 9–29–16; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2016–0061]
Meeting of the Homeland Security
Academic Advisory Council
Department of Homeland
Security.
ACTION: Committee Management; Notice
of Federal Advisory Committee Meeting.
AGENCY:
The Homeland Security
Academic Advisory Council will meet
on October 19, 2016 in Washington, DC.
The meeting will be open to the public.
DATES: The Homeland Security
Academic Advisory Council will meet
Wednesday, October 19, 2016, from
10:00 a.m. to 3:30 p.m. Please note that
the meeting may close early if the
Council has completed its business.
ADDRESSES: The meeting will be held at
the Woodrow Wilson International
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SUMMARY:
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Center (Wilson Center) for Scholars,
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11, 2016, must include DHS–2016–0061
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• Federal eRulemaking Portal: https://
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• Email: AcademicEngagement@
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search for ‘‘Homeland Security
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FOR FURTHER INFORMATION CONTACT:
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SW., Washington, DC 20528–0440,
email: AcademicEngagement@
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Dated: September 8, 2016.
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[FR Doc. 2016–22123 Filed 9–29–16; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2591–16; DHS Docket No. USCIS–
2011–0014]
RIN 1615–ZB60
Filing Procedures for Employment
Authorization and Automatic
Extension of Existing Employment
Authorization Documents for Liberians
Eligible for Deferred Enforced
Departure
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice.
AGENCY:
On September 28, 2016,
President Obama issued a memorandum
to the Secretary of Homeland Security
SUMMARY:
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Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices
(Secretary), Jeh Charles Johnson,
directing him to extend for an
additional 18 months the deferred
enforced departure (DED) of certain
Liberians and to provide for work
authorization during that period. The
DED extension runs from October 1,
2016 through March 31, 2018. This
Notice provides instructions for eligible
Liberians on how to apply for the full
18-month extension of employment
authorization. Finally, this Notice
provides instructions for DED-eligible
Liberians on how to apply for
permission to travel outside the United
States during the 18-month DED period.
USCIS will issue new employment
authorization documents (EADs) with a
March 31, 2018 expiration date to
Liberians whose DED has been extended
under the Presidential Memorandum of
September 28, 2016, and who apply for
EADs under this extension. Given the
timeframes involved with processing
EAD applications, DHS recognizes that
not all DED-eligible Liberians will
receive new EADs before their current
EADs expire on September 30, 2016.
Accordingly, through this Notice, DHS
also automatically extends the validity
of DED-related EADs for 6 months,
through March 31, 2017, and explains
how Liberians covered under DED and
their employers may determine which
EADs are automatically extended and
their impact on Employment Eligibility
Verification (Form I–9) and E-Verify
processes.
DATES: The 18-month extension of DED
is valid through March 31, 2018. The
6-month automatic extension of
employment authorization for Liberians
who are covered under DED, including
the extension of their EADs as specified
in this Notice, is effective on October 1,
2016, and expires on March 31, 2017.
FOR FURTHER INFORMATION CONTACT:
• You can contact Guillermo RomanRiefkohl, TPS Program Manager at the
Waivers and Temporary Services
Branch, Service Center Operations
Directorate, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 20 Massachusetts
Avenue NW., Washington, DC 20529–
2060; or by phone at 202–272–1533 (this
is not a toll-free number).
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Note: The phone number provided here is
solely for questions regarding this Notice. It
is not for individual case status inquiries.
• For further information on DED,
including guidance on the application
process and additional information on
eligibility, please visit the USCIS DED
Web page at https://www.uscis.gov/
humanitarian/temporary-protectedstatus/deferred-enforced-departure. You
can find specific information about DED
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for Liberians by selecting ‘‘DED Granted
Country: Liberia’’ from the menu on the
left of the DED Web page.
• 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 1–
800–375–5283 (TTY 1–800–767–1833).
Service is available in English and
Spanish.
• Further information will also be
available at local USCIS offices upon
publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
DED—Deferred Enforced Departure
DHS—Department of Homeland Security
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
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
Presidential Memorandum Extending
DED for Certain Liberians
Pursuant to his constitutional
authority to conduct the foreign
relations of the United States, President
Obama has determined that there are
compelling foreign policy reasons to
again extend Deferred Enforced
Departure (‘‘DED’’) to Liberian nationals
who are currently residing in the United
States under the existing grant of DED.
The President accordingly directed that
Liberian nationals (and eligible persons
without nationality who last resided in
Liberia) who are physically present in
the United States, have continuously
resided in the United States since
October 1, 2002, and who remain
eligible for DED through September 30,
2016, be provided DED for an additional
18-month period. See Presidential
Memorandum—Deferred Enforced
Departure for Liberians, September 28,
2016 (‘‘Presidential Memorandum’’) at
https://www.whitehouse.gov/the-pressoffice/2016/09/28/presidentialmemorandum-deferred-enforceddeparture-liberians. Note that only
individuals who held Temporary
Protected Status (TPS) on September 30,
2007, the date that a former TPS
designation of Liberia terminated, are
eligible for DED, provided they have
continued to meet all other eligibility
criteria established by the President.
The President also directed the
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Secretary to implement the necessary
steps to authorize employment
authorization for eligible Liberians for
18 months, from October 1, 2016
through March 31, 2018.
Employment Authorization and Filing
Requirements
How will I know if I am eligible for
employment authorization under the
Presidential Memorandum that
extended DED for certain Liberians for
18 months?
The DED extension and the
procedures for employment
authorization in this Notice apply only
to Liberian nationals (and persons
without nationality who last habitually
resided in Liberia) who:
• Are physically present in the
United States;
• Have continuously resided in the
United States since October 1, 2002; and
• Are under a grant of DED as of
September 30, 2016.
The above eligibility criteria are
described in the Presidential
Memorandum. Only individuals who
held TPS on September 30, 2007, the
date that a former TPS designation of
Liberia terminated, are eligible for DED
under this extension, provided they
have continued to meet all other
eligibility criteria established by the
President. This DED extension does not
include any individual:
• Who would be ineligible for TPS for
the reasons provided in section
244(c)(2)(B) of the Immigration and
Nationality Act, 8 U.S.C. 1254a(c)(2)(B);
• Whose removal the Secretary
determines is in the interest of the
United States;
• Whose presence or activities in the
United States the Secretary of State has
reasonable grounds to believe would
have potentially serious adverse foreign
policy consequences for the United
States;
• Who has voluntarily returned to
Liberia or his or her country of last
habitual residence outside the United
States;
• Who was deported, excluded, or
removed prior to September 26, 2014; or
• Who is subject to extradition.
What will I need to file if I am covered
by DED and would like to have evidence
of employment authorization?
If you are covered under DED for
Liberia, and would like evidence of your
employment authorization during the
18-month extension of DED, you must
apply for an EAD by filing an
Application for Employment
Authorization (Form I–765). USCIS will
begin accepting these applications on
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Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices
September 30, 2016. Although this
Notice automatically extends DEDrelated EADs that have a printed
validity date of September 30, 2016, for
an additional 6 months through March
31, 2017, if you would like evidence of
your continued employment
authorization through March 31, 2018,
you must file an Application for
Employment Authorization (Form I–
765) as soon as possible to avoid gaps
in work authorization. Please carefully
follow the Application for Employment
Authorization (Form I–765) instructions
when completing the application for an
EAD. When filing the Application for
Employment Authorization (Form I–
765), you must:
• Indicate that you are eligible for
DED by putting ‘‘(a)(11)’’ in response to
Question 16 on Application for
Employment Authorization (Form I–
765);
• Include a copy of your last Notice
of Action (Form I–797) showing that
you were approved for TPS as of
September 30, 2007, if such copy is
available. Please note that evidence of
TPS as of September 30, 2007, is
necessary to show that you were
covered under the previous DED for
Liberia through September 30, 2016;
and
• Submit the fee for the Application
for Employment Authorization (Form I–
765).
The regulations require individuals
covered under DED who request an EAD
to pay the fee prescribed in 8 CFR 103.7
for the Application for Employment
Authorization (Form I–765). See also 8
CFR 274a.12(a)(11) (employment
authorization for DED-covered aliens);
and 8 CFR 274a.13(a) (requirement to
file EAD application if EAD desired). If
you are unable to pay the fee, you may
apply for an application fee waiver by
completing a Request for Fee Waiver
(Form I–912) or submitting a personal
letter requesting a fee waiver, and
providing satisfactory supporting
documentation.
How will I know if USCIS will need to
obtain biometrics?
If biometrics are required to produce
the secure EAD, you will be notified by
USCIS and scheduled for an
appointment at a USCIS Application
Support Center.
Where do I submit my completed
Application for Employment
Authorization (Form I–765)?
Mail your completed Application for
Employment Authorization (Form I–
765) and supporting documentation to
the proper address in Table 1.
TABLE 1—MAILING ADDRESSES
If . . .
Mail to . . .
You are applying through the U.S. Postal Service ..................................
You are using a non-U.S. Postal Service delivery service ......................
USCIS, Attn: DED Liberia, P.O. Box 6943, Chicago, IL 60680–6943.
USCIS, Attn: DED Liberia, 131 S. Dearborn 3rd Floor, Chicago, IL
60603–5517.
notation ‘‘A–11’’ on the face of the card
under ‘‘Category.’’
Can I file my Application for
Employment Authorization (Form I–
765) electronically?
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)?
No. Electronic filing is not available
when filing Application for
Employment Authorization (Form I–
765) based on DED.
Extension of Employment
Authorization and EADs
May I request an interim EAD at my
local USCIS office?
No. USCIS will not issue interim
EADs to individuals eligible for DED
under the Presidential Memorandum at
local offices.
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Am I eligible to receive an automatic
6-month extension of my current EAD
through March 31, 2017?
You are eligible for an automatic
6-month extension of your EAD if you
are a national of Liberia (or person
having no nationality who last
habitually resided in Liberia), you are
currently covered by DED through
September 30, 2016, and you are within
the class of persons approved for DED
by the President.
This automatic extension covers EADs
issued on the Employment
Authorization Document (Form I–766)
bearing an expiration date of September
30, 2016. These EADs must also bear the
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You can find a list of acceptable
document choices on the ‘‘Lists of
Acceptable Documents’’ for
Employment Eligibility Verification
(Form I–9). You can find additional
detailed information on the USCIS I–9
Central Web page at https://
www.uscis.gov/I-9Central. Employers
are required to verify the identity and
employment authorization of all new
employees by using Employment
Eligibility Verification (Form I–9).
Within 3 days of hire, an employee must
present proof of identity and
employment authorization to his or her
employer.
You may present any document from
List A (reflecting both your identity and
employment authorization), or one
document from List B (reflecting
identity) together with one document
from List C (reflecting employment
authorization). You may present an
acceptable receipt for List A, List B, or
List C documents as described in the
Employment Eligibility Verification
(Form I–9) Instructions. An EAD is an
acceptable document under ‘‘List A.’’
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Employers may not reject a document
based on a future expiration date.
If your EAD has an expiration date of
September 30, 2016, and states ‘‘A–11’’
under ‘‘Category,’’ it has been extended
automatically for 6 months by virtue of
this Federal Register Notice, and you
may choose to present your EAD to your
employer as proof of identity and
employment authorization for
Employment Eligibility Verification
(Form I–9) through March 31, 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 may also show your
employer a copy of this Federal Register
Notice confirming the automatic
extension of employment authorization
through March 31, 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.
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What documentation may I show my
employer if I am already employed but
my current DED-related EAD is set to
expire?
Even though EADs with an expiration
date of September 30, 2016 that state
‘‘A–11’’ under ‘‘Category’’ have been
automatically extended for 6 months by
virtue of this Federal Register Notice,
your employer will need to ask you
about your continued employment
authorization by September 30, 2016 to
meet its responsibilities for Employment
Eligibility Verification (Form I–9)
compliance. You should explain to your
employer that USCIS has automatically
extended your EAD through March 31,
2017. Your employer may need to
reinspect your automatically extended
EAD to check the expiration date and
code and 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
when you initially presented it.
However, your employer does not need
a new document to reverify your
employment authorization until March
31, 2017, the expiration date of the
automatic extension. Instead, you and
your employer must make corrections to
the employment authorization
expiration dates in Section 1 and
Section 2 of Employment Eligibility
Verification (Form I–9) (see the
subsection titled ‘‘What corrections
should my current employer and I make
to Employment Eligibility Verification
(Form I–9) if my EAD has been
automatically extended?’’ for further
information). In addition, you may also
show this Federal Register Notice to
your employer to explain what to do for
Employment Eligibility Verification
(Form I–9).
By March 31, 2017, the expiration
date of the automatic extension, your
employer must reverify your
employment authorization. At that time,
you must present any document from
List A or any document from List C on
Employment Eligibility Verification
(Form I–9) to reverify employment
authorization, or an acceptable List A or
List C receipt described in the
Employment Eligibility Verification
(Form I–9) Instructions. Your employer
should complete either Section 3 of the
Employment Eligibility Verification
(Form I–9) originally completed for the
employee or, if this Section has already
been completed or if the version of
Employment Eligibility Verification
(Form I–9) has expired (check the date
in the upper right-hand corner of the
form), complete Section 3 of a new
Employment Eligibility Verification
(Form I–9) of the most current version.
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Note that employers may not specify
which List A or List C document
employees must present, and cannot
reject an acceptable receipt.
Can my employer require that I produce
any other documentation to prove my
status, such as proof of my Liberian
citizenship?
No. When completing Employment
Eligibility Verification (Form I–9),
including re-verifying employment
authorization, employers must accept
any documentation that appears on the
‘‘Lists of Acceptable Documents’’ for
Employment Eligibility Verification
(Form I–9) that reasonably appears to be
genuine and that relates to you, or an
acceptable List A, List B, or List C
receipt. Employers may not request
documentation that does not appear on
the Lists of Acceptable Documents for
Employment Eligibility Verification
(Form I–9). Therefore, employers may
not request proof of Liberian citizenship
when completing Employment
Eligibility Verification (Form I–9) for
new hires, making corrections, or
reverifying the employment
authorization of current employees. If
presented with EADs that have been
automatically extended, employers
should accept such EADs as valid List
A documents so long as the EADs
reasonably appear to be genuine and to
relate to the employee. Refer to the Note
to Employees section of this Notice for
important information about your rights
if your employer rejects lawful
documentation, requires additional
documentation, or otherwise
discriminates against you based on your
citizenship or immigration status, or
your national origin.
What happens after March 31, 2017, for
purposes of employment authorization?
After March 31, 2017, employers may
no longer accept the EADs that were
issued under the previous DED
extension of Liberia that this Federal
Register Notice automatically extended.
Before that time, however, USCIS will
endeavor to issue new EADs to eligible
individuals covered by DED who
request them. These new EADs will
have an expiration date of March 31,
2018, and can be presented to your
employer for completion of
Employment Eligibility Verification
(Form I–9). Alternatively, you may
choose to present any other legally
acceptable document or combination of
documents listed on the Lists of
Acceptable Documents for Employment
Eligibility Verification (Form I–9).
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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 fill out Employment
Eligibility Verification (Form I–9) for a
new job prior to March 31, 2017, you
and your employer should do the
following:
1. For Section 1, you should:
a. Check ‘‘An alien authorized to
work’’;
b. Write your alien number (USCIS
number or A-number) in the first space
(your EAD or other document from DHS
will have your USCIS number or Anumber printed on it; the USCIS
Number is the same as your A-number
without the A prefix); and
c. Write the automatically extended
EAD expiration date (March 31, 2017) in
the second space.
2. For Section 2, employers should
record the:
a. Document title;
b. Document number; and
c. Automatically extended EAD
expiration date (March 31, 2017).
By March 31, 2017, employers must
reverify the employee’s 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 DED-related EAD that was
valid when you first started your job,
but that EAD has now been
automatically extended, your employer
may need to reinspect your
automatically extended EAD if your
employer does not have a copy of the
EAD on file, and you and your employer
should correct your previously
completed Employment Eligibility
Verification (Form I–9) as follows:
1. For Section 1, you should:
a. Draw a line through the expiration
date in the second space;
b. Write ‘‘March 31, 2017’’ above the
previous date;
c. Write ‘‘DED Ext.’’ in the margin of
Section 1; and
d. Initial and date the correction in
the margin of Section 1.
2. For Section 2, employers should:
a. Draw a line through the expiration
date written in Section 2;
b. Write ‘‘March 31, 2017’’ above the
previous date;
c. Write ‘‘DED Ext.’’ in the margin of
Section 2; and
d. Initial and date the correction in
the margin of Section 2.
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By March 31, 2017, when the
automatic extension of EADs expires,
employers must reverify the employee’s
employment authorization in Section 3.
If I am an employer enrolled in E-Verify,
what do I do when I receive a ‘‘Work
Authorization Documents Expiring’’
alert for an automatically extended
EAD?
E-Verify has automated the
verification process for employees
whose DED was automatically extended
in a Federal Register notice. If you have
an employee covered under DED who
provided a DED-related EAD when he or
she first started working for you, you
may receive a ‘‘Work Authorization
Documents Expiring’’ case alert when
the auto-extension period for this EAD
is about to expire. By March 31, 2017,
you must reverify employment
authorization in Section 3 of the
Employment Eligibility Verification
(Form I–9). Employers should not use EVerify for reverification.
mstockstill on DSK3G9T082PROD with NOTICES
Note to All Employers
Employers are reminded that the laws
requiring proper employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
Notice does not supersede or in any way
limit applicable employment
verification rules and policy guidance,
including those rules setting forth
reverification requirements. For general
questions about the employment
eligibility verification process,
employers may call USCIS at 888–464–
4218 (TTY 877–875–6028) or email
USCIS at I–9Central@dhs.gov. Calls and
emails are accepted in English and
many other languages. For questions
about avoiding discrimination during
the employment eligibility verification
process (I–9 and E-Verify), employers
may also call the U.S. Department of
Justice, Office of Special Counsel for
Immigration-Related Unfair
Employment Practices (OSC) Employer
Hotline, at 800–255–8155 (TTY 800–
237–2515), which offers language
interpretation in numerous languages,
or email OSC at osccrt@usdoj.gov.
Note to Employees
For general questions about the
employment eligibility verification
process, employees may call USCIS at
888–897–7781 (TTY 877–875–6028) or
email at I–9Central@dhs.gov. Calls are
accepted in English, Spanish and many
other languages. Employees or
applicants may also call the OSC
Worker Information Hotline at 800–255–
7688 (TTY 800–237–2515) for
information regarding employment
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20:49 Sep 29, 2016
Jkt 238001
discrimination based upon citizenship,
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 List
of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt described in the Employment
Eligibility Verification (Form I–9)
Instructions. Employers may not require
extra or additional documentation
beyond what is required for
Employment Eligibility Verification
(Form I–9) completion. Further,
employers participating in E-Verify who
receive an E-Verify case result of
‘‘Tentative Nonconfirmation’’ (TNC)
must promptly inform employees of the
TNC and give such employees an
opportunity to contest the TNC. A TNC
case result means that the information
entered into E-Verify from Employment
Eligibility Verification (Form I–9) differs
from Federal or State government
records.
Employers may not terminate,
suspend, delay training, withhold pay,
lower pay, or take any adverse action
against an employee based on the
employee’s decision to contest a TNC or
because the case is still pending with EVerify. A Final Nonconfirmation (FNC)
case result is received when E-Verify
cannot verify an employee’s
employment eligibility. An employer
may terminate employment based on a
case result of FNC. Work-authorized
employees who receive an FNC may call
USCIS for assistance at 888–897–7781
(TTY for the hearing impaired is at 877–
875–6028). To report an employer for
discrimination in the E-Verify process
based on citizenship or immigration
status, or based on national origin,
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
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
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 covered
by DED and/or show you are authorized
to work based on DED. Examples are:
(1) Your unexpired EAD that has been
automatically extended, or your EAD
that has not expired;
(2) A copy of this Federal Register
Notice if your EAD is automatically
extended under this Notice;
(3) A copy of your past Application
for Temporary Protected Status Notice
of Action (Form I–797), if you received
one from USCIS, coupled with a copy of
the Presidential Memorandum
extending DED for Liberians; and/or
(4) If there is an automatic extension
of work authorization, a copy of the fact
sheet from the USCIS DED Web site that
provides information on the automatic
extension.
Check with the government agency
regarding which document(s) the agency
will accept. You may also provide the
agency with a copy of this Federal
Register Notice.
Some benefit-granting agencies use
the USCIS Systematic Alien Verification
for Entitlements Program (SAVE) to
verify the current immigration status of
applicants for public benefits. 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
and fast 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 or make an appointment 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 then selecting
‘‘Questions about Your Records?’’
Travel Authorization and Advance
Parole
E:\FR\FM\30SEN1.SGM
30SEN1
Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices
Individuals covered under DED who
would like to travel outside of the
United States must apply for and
receive advance parole by filing an
Application for Travel Document (Form
I–131) with required fee before
departing from the United States. See 8
CFR 223.2(a). DHS has the discretion to
determine whether to grant advance
parole and cannot guarantee advance
parole in all cases. In addition,
possession of an advance parole
document does not guarantee that you
will be permitted to re-enter the United
States, as that is a decision that will be
made by an immigration officer at the
port of entry upon your return. If you
seek advance parole to travel to Liberia
or to your country of last habitual
residence outside the United States, you
will risk being found ineligible to reenter the United States under DED
because the Presidential Memorandum
excludes persons ‘‘who have voluntarily
returned to Liberia or his or her country
of last habitual residence outside the
United States.’’
You may submit your completed
Application for Travel Document (Form
I–131) with your Application for
67371
Employment Authorization (Form I–
765). If you are filing the Application for
Travel Document (Form I–131)
concurrently with your Application for
Employment Authorization (Form I–
765), please submit both applications
and supporting documentation to the
proper address in Table 1.
If you choose to file an Application
for Travel Document (Form I–131)
separately, please submit the
application along with supporting
documentation that you qualify for DED
to the proper address in Table 2.
TABLE 2—MAILING ADDRESSES
If . . .
Mail to . . .
You are applying through the U.S. Postal Service ..................................
You are using a non-U.S. Postal Service delivery service ......................
USCIS, Attn: DED Liberia, P.O. Box 6943, Chicago, IL 60680–6943.
USCIS, Attn: DED Liberia, 131 S. Dearborn, 3rd Floor, Chicago, IL
60603–5517.
If you have a pending or approved
Application for Employment
Authorization (Form I–765), please
submit the Notice of Action (Form I–
797) along with your Application for
Travel Document (Form I–131) and
supporting documentation.
´
´
Leon Rodrıguez,
Director, U.S. Citizenship and Immigration
Services.
[FR Doc. 2016–23798 Filed 9–28–16; 4:15 pm]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0009]
Agency Information Collection
Activities: Petition for Nonimmigrant
Worker, Form I–129; Extension,
Without Change, of a Currently
Approved Collection
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
AGENCY:
The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration Services (USCIS) will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collection notice
was previously published in the Federal
Register on July 19, 2016, at 81 FR
46951, allowing for a 60-day public
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:49 Sep 29, 2016
Jkt 238001
comment period. USCIS did receive 16
comments in connection with the 60day notice.
DATES: The purpose of this notice is to
allow an additional 30 days for public
comments. Comments are encouraged
and will be accepted until October 31,
2016. This process is conducted in
accordance with 5 CFR 1320.10.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice, especially
regarding the estimated public burden
and associated response time, must be
directed to the OMB USCIS Desk Officer
via email at oira_submission@
omb.eop.gov. Comments may also be
submitted via fax at (202) 395–5806.
(This is not a toll-free number.) All
submissions received must include the
agency name and the OMB Control
Number 1615–0009.
You may wish to consider limiting the
amount of personal information that you
provide in any voluntary submission
you make. For additional information
please read the Privacy Act notice that
is available via the link in the footer of
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2140,
Telephone number (202) 272–8377
(This is not a toll-free number;
comments are not accepted via
telephone message.). Please note contact
information provided here is solely for
questions regarding this notice. It is not
for individual case status inquiries.
Applicants seeking information about
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Frm 00083
Fmt 4703
Sfmt 4703
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.
SUPPLEMENTARY INFORMATION:
Comments
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
https://www.regulations.gov and enter
USCIS–2005–0030 in the search box.
Written comments and suggestions from
the public and affected agencies should
address one or more of the following
four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
E:\FR\FM\30SEN1.SGM
30SEN1
Agencies
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67366-67371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23798]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2591-16; DHS Docket No. USCIS-2011-0014]
RIN 1615-ZB60
Filing Procedures for Employment Authorization and Automatic
Extension of Existing Employment Authorization Documents for Liberians
Eligible for Deferred Enforced Departure
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On September 28, 2016, President Obama issued a memorandum to
the Secretary of Homeland Security
[[Page 67367]]
(Secretary), Jeh Charles Johnson, directing him to extend for an
additional 18 months the deferred enforced departure (DED) of certain
Liberians and to provide for work authorization during that period. The
DED extension runs from October 1, 2016 through March 31, 2018. This
Notice provides instructions for eligible Liberians on how to apply for
the full 18-month extension of employment authorization. Finally, this
Notice provides instructions for DED-eligible Liberians on how to apply
for permission to travel outside the United States during the 18-month
DED period.
USCIS will issue new employment authorization documents (EADs) with
a March 31, 2018 expiration date to Liberians whose DED has been
extended under the Presidential Memorandum of September 28, 2016, and
who apply for EADs under this extension. Given the timeframes involved
with processing EAD applications, DHS recognizes that not all DED-
eligible Liberians will receive new EADs before their current EADs
expire on September 30, 2016. Accordingly, through this Notice, DHS
also automatically extends the validity of DED-related EADs for 6
months, through March 31, 2017, and explains how Liberians covered
under DED and their employers may determine which EADs are
automatically extended and their impact on Employment Eligibility
Verification (Form I-9) and E-Verify processes.
DATES: The 18-month extension of DED is valid through March 31, 2018.
The 6-month automatic extension of employment authorization for
Liberians who are covered under DED, including the extension of their
EADs as specified in this Notice, is effective on October 1, 2016, and
expires on March 31, 2017.
FOR FURTHER INFORMATION CONTACT:
You can contact Guillermo Roman-Riefkohl, TPS Program
Manager at the Waivers and Temporary Services Branch, Service Center
Operations Directorate, U.S. Citizenship and Immigration Services,
Department of Homeland Security, 20 Massachusetts Avenue NW.,
Washington, DC 20529-2060; or by phone at 202-272-1533 (this is not a
toll-free number).
Note: The phone number provided here is solely for questions
regarding this Notice. It is not for individual case status
inquiries.
For further information on DED, including guidance on the
application process and additional information on eligibility, please
visit the USCIS DED Web page at https://www.uscis.gov/humanitarian/temporary-protected-status/deferred-enforced-departure. You can find
specific information about DED for Liberians by selecting ``DED Granted
Country: Liberia'' from the menu on the left of the DED Web page.
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 1-800-375-5283 (TTY 1-800-767-1833). Service is
available in English and Spanish.
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
DED--Deferred Enforced Departure
DHS--Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
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
Presidential Memorandum Extending DED for Certain Liberians
Pursuant to his constitutional authority to conduct the foreign
relations of the United States, President Obama has determined that
there are compelling foreign policy reasons to again extend Deferred
Enforced Departure (``DED'') to Liberian nationals who are currently
residing in the United States under the existing grant of DED. The
President accordingly directed that Liberian nationals (and eligible
persons without nationality who last resided in Liberia) who are
physically present in the United States, have continuously resided in
the United States since October 1, 2002, and who remain eligible for
DED through September 30, 2016, be provided DED for an additional 18-
month period. See Presidential Memorandum--Deferred Enforced Departure
for Liberians, September 28, 2016 (``Presidential Memorandum'') at
https://www.whitehouse.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians. Note that only
individuals who held Temporary Protected Status (TPS) on September 30,
2007, the date that a former TPS designation of Liberia terminated, are
eligible for DED, provided they have continued to meet all other
eligibility criteria established by the President. The President also
directed the Secretary to implement the necessary steps to authorize
employment authorization for eligible Liberians for 18 months, from
October 1, 2016 through March 31, 2018.
Employment Authorization and Filing Requirements
How will I know if I am eligible for employment authorization under the
Presidential Memorandum that extended DED for certain Liberians for 18
months?
The DED extension and the procedures for employment authorization
in this Notice apply only to Liberian nationals (and persons without
nationality who last habitually resided in Liberia) who:
Are physically present in the United States;
Have continuously resided in the United States since
October 1, 2002; and
Are under a grant of DED as of September 30, 2016.
The above eligibility criteria are described in the Presidential
Memorandum. Only individuals who held TPS on September 30, 2007, the
date that a former TPS designation of Liberia terminated, are eligible
for DED under this extension, provided they have continued to meet all
other eligibility criteria established by the President. This DED
extension does not include any individual:
Who would be ineligible for TPS for the reasons provided
in section 244(c)(2)(B) of the Immigration and Nationality Act, 8
U.S.C. 1254a(c)(2)(B);
Whose removal the Secretary determines is in the interest
of the United States;
Whose presence or activities in the United States the
Secretary of State has reasonable grounds to believe would have
potentially serious adverse foreign policy consequences for the United
States;
Who has voluntarily returned to Liberia or his or her
country of last habitual residence outside the United States;
Who was deported, excluded, or removed prior to September
26, 2014; or
Who is subject to extradition.
What will I need to file if I am covered by DED and would like to have
evidence of employment authorization?
If you are covered under DED for Liberia, and would like evidence
of your employment authorization during the 18-month extension of DED,
you must apply for an EAD by filing an Application for Employment
Authorization (Form I-765). USCIS will begin accepting these
applications on
[[Page 67368]]
September 30, 2016. Although this Notice automatically extends DED-
related EADs that have a printed validity date of September 30, 2016,
for an additional 6 months through March 31, 2017, if you would like
evidence of your continued employment authorization through March 31,
2018, you must file an Application for Employment Authorization (Form
I-765) as soon as possible to avoid gaps in work authorization. Please
carefully follow the Application for Employment Authorization (Form I-
765) instructions when completing the application for an EAD. When
filing the Application for Employment Authorization (Form I-765), you
must:
Indicate that you are eligible for DED by putting
``(a)(11)'' in response to Question 16 on Application for Employment
Authorization (Form I-765);
Include a copy of your last Notice of Action (Form I-797)
showing that you were approved for TPS as of September 30, 2007, if
such copy is available. Please note that evidence of TPS as of
September 30, 2007, is necessary to show that you were covered under
the previous DED for Liberia through September 30, 2016; and
Submit the fee for the Application for Employment
Authorization (Form I-765).
The regulations require individuals covered under DED who request
an EAD to pay the fee prescribed in 8 CFR 103.7 for the Application for
Employment Authorization (Form I-765). See also 8 CFR 274a.12(a)(11)
(employment authorization for DED-covered aliens); and 8 CFR 274a.13(a)
(requirement to file EAD application if EAD desired). If you are unable
to pay the fee, you may apply for an application fee waiver by
completing a Request for Fee Waiver (Form I-912) or submitting a
personal letter requesting a fee waiver, and providing satisfactory
supporting documentation.
How will I know if USCIS will need to obtain biometrics?
If biometrics are required to produce the secure EAD, you will be
notified by USCIS and scheduled for an appointment at a USCIS
Application Support Center.
Where do I submit my completed Application for Employment Authorization
(Form I-765)?
Mail your completed Application for Employment Authorization (Form
I-765) and supporting documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S. USCIS, Attn: DED Liberia, P.O.
Postal Service. Box 6943, Chicago, IL 60680-
6943.
You are using a non-U.S. Postal Service USCIS, Attn: DED Liberia, 131
delivery service. S. Dearborn 3rd Floor,
Chicago, IL 60603-5517.
------------------------------------------------------------------------
Can I file my Application for Employment Authorization (Form I-765)
electronically?
No. Electronic filing is not available when filing Application for
Employment Authorization (Form I-765) based on DED.
Extension of Employment Authorization and EADs
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to individuals eligible for
DED under the Presidential Memorandum at local offices.
Am I eligible to receive an automatic 6-month extension of my current
EAD through March 31, 2017?
You are eligible for an automatic 6-month extension of your EAD if
you are a national of Liberia (or person having no nationality who last
habitually resided in Liberia), you are currently covered by DED
through September 30, 2016, and you are within the class of persons
approved for DED by the President.
This automatic extension covers EADs issued on the Employment
Authorization Document (Form I-766) bearing an expiration date of
September 30, 2016. These EADs must also bear the notation ``A-11'' 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 Employment Eligibility Verification (Form
I-9). You can find additional detailed information on the USCIS I-9
Central Web page at https://www.uscis.gov/I-9Central. Employers are
required to verify the identity and employment authorization of all new
employees by using Employment Eligibility Verification (Form I-9).
Within 3 days of hire, an employee must present proof of identity and
employment authorization to his or her employer.
You may present any document from List A (reflecting both your
identity and employment authorization), or one document from List B
(reflecting identity) together with one document from List C
(reflecting employment authorization). You may present an acceptable
receipt for List A, List B, or List C documents as described in the
Employment Eligibility Verification (Form I-9) Instructions. An EAD is
an acceptable document under ``List A.'' Employers may not reject a
document based on a future expiration date.
If your EAD has an expiration date of September 30, 2016, and
states ``A-11'' under ``Category,'' it has been extended automatically
for 6 months by virtue of this Federal Register Notice, and you may
choose to present your EAD to your employer as proof of identity and
employment authorization for Employment Eligibility Verification (Form
I-9) through March 31, 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 may also show your employer a copy of this Federal Register
Notice confirming the automatic extension of employment authorization
through March 31, 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.
[[Page 67369]]
What documentation may I show my employer if I am already employed but
my current DED-related EAD is set to expire?
Even though EADs with an expiration date of September 30, 2016 that
state ``A-11'' under ``Category'' have been automatically extended for
6 months by virtue of this Federal Register Notice, your employer will
need to ask you about your continued employment authorization by
September 30, 2016 to meet its responsibilities for Employment
Eligibility Verification (Form I-9) compliance. You should explain to
your employer that USCIS has automatically extended your EAD through
March 31, 2017. Your employer may need to reinspect your automatically
extended EAD to check the expiration date and code and 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 when you
initially presented it. However, your employer does not need a new
document to reverify your employment authorization until March 31,
2017, the expiration date of the automatic extension. Instead, you and
your employer must make corrections to the employment authorization
expiration dates in Section 1 and Section 2 of Employment Eligibility
Verification (Form I-9) (see the subsection titled ``What corrections
should my current employer and I make to Employment Eligibility
Verification (Form I-9) if my EAD has been automatically extended?''
for further information). In addition, you may also show this Federal
Register Notice to your employer to explain what to do for Employment
Eligibility Verification (Form I-9).
By March 31, 2017, the expiration date of the automatic extension,
your employer must reverify your employment authorization. At that
time, you must present any document from List A or any document from
List C on Employment Eligibility Verification (Form I-9) to reverify
employment authorization, or an acceptable List A or List C receipt
described in the Employment Eligibility Verification (Form I-9)
Instructions. Your employer should complete either Section 3 of the
Employment Eligibility Verification (Form I-9) originally completed for
the employee or, if this Section has already been completed or if the
version of Employment Eligibility Verification (Form I-9) has expired
(check the date in the upper right-hand corner of the form), complete
Section 3 of a new Employment Eligibility Verification (Form I-9) of
the most current version. Note that employers may not specify which
List A or List C document employees must present, and cannot reject an
acceptable receipt.
Can my employer require that I produce any other documentation to prove
my status, such as proof of my Liberian citizenship?
No. When completing Employment Eligibility Verification (Form I-9),
including re-verifying employment authorization, employers must accept
any documentation that appears on the ``Lists of Acceptable Documents''
for Employment Eligibility Verification (Form I-9) that reasonably
appears to be genuine and that relates to you, or an acceptable List A,
List B, or List C receipt. Employers may not request documentation that
does not appear on the Lists of Acceptable Documents for Employment
Eligibility Verification (Form I-9). Therefore, employers may not
request proof of Liberian citizenship when completing Employment
Eligibility Verification (Form I-9) for new hires, making corrections,
or reverifying the employment authorization of current employees. If
presented with EADs that have been automatically extended, employers
should accept such EADs as valid List A documents so long as the EADs
reasonably appear to be genuine and to relate to the employee. Refer to
the Note to Employees section of this Notice for important information
about your rights if your employer rejects lawful documentation,
requires additional documentation, or otherwise discriminates against
you based on your citizenship or immigration status, or your national
origin.
What happens after March 31, 2017, for purposes of employment
authorization?
After March 31, 2017, employers may no longer accept the EADs that
were issued under the previous DED extension of Liberia that this
Federal Register Notice automatically extended. Before that time,
however, USCIS will endeavor to issue new EADs to eligible individuals
covered by DED who request them. These new EADs will have an expiration
date of March 31, 2018, and can be presented to your employer for
completion of Employment Eligibility Verification (Form I-9).
Alternatively, you may choose to present any other legally acceptable
document or combination of documents listed on the Lists of Acceptable
Documents for Employment Eligibility Verification (Form I-9).
How do my employer and I complete Employment Eligibility Verification
(Form I-9) using an automatically extended EAD for a new job?
When using an automatically extended EAD to fill out Employment
Eligibility Verification (Form I-9) for a new job prior to March 31,
2017, you and your employer should do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work'';
b. Write your alien number (USCIS number or A-number) in the first
space (your EAD or other document from DHS will have your USCIS number
or A-number printed on it; the USCIS Number is the same as your A-
number without the A prefix); and
c. Write the automatically extended EAD expiration date (March 31,
2017) in the second space.
2. For Section 2, employers should record the:
a. Document title;
b. Document number; and
c. Automatically extended EAD expiration date (March 31, 2017).
By March 31, 2017, employers must reverify the employee's
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 DED-related EAD
that was valid when you first started your job, but that EAD has now
been automatically extended, your employer may need to reinspect your
automatically extended EAD if your employer does not have a copy of the
EAD on file, and you and your employer should correct your previously
completed Employment Eligibility Verification (Form I-9) as follows:
1. For Section 1, you should:
a. Draw a line through the expiration date in the second space;
b. Write ``March 31, 2017'' above the previous date;
c. Write ``DED Ext.'' in the margin of Section 1; and
d. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Draw a line through the expiration date written in Section 2;
b. Write ``March 31, 2017'' above the previous date;
c. Write ``DED Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
[[Page 67370]]
By March 31, 2017, when the automatic extension of EADs expires,
employers must reverify the employee's employment authorization in
Section 3.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?
E-Verify has automated the verification process for employees whose
DED was automatically extended in a Federal Register notice. If you
have an employee covered under DED who provided a DED-related EAD when
he or she first started working for you, you may receive a ``Work
Authorization Documents Expiring'' case alert when the auto-extension
period for this EAD is about to expire. By March 31, 2017, you must
reverify employment authorization in Section 3 of the Employment
Eligibility Verification (Form I-9). Employers should not use E-Verify
for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those rules setting forth reverification
requirements. For general questions about the employment eligibility
verification process, employers may call USCIS at 888-464-4218 (TTY
877-875-6028) or email USCIS at I-9Central@dhs.gov. Calls and emails
are accepted in English and many other languages. For questions about
avoiding discrimination during the employment eligibility verification
process (I-9 and E-Verify), employers may also call the U.S. Department
of Justice, Office of Special Counsel for Immigration-Related Unfair
Employment Practices (OSC) Employer Hotline, at 800-255-8155 (TTY 800-
237-2515), which offers language interpretation in numerous languages,
or email OSC at osccrt@usdoj.gov.
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email at I-9Central@dhs.gov. Calls are accepted in English, Spanish and
many other languages. Employees or applicants may also call the OSC
Worker Information Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based upon citizenship,
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 List of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt described
in the Employment Eligibility Verification (Form I-9) Instructions.
Employers may not require extra or additional documentation beyond what
is required for Employment Eligibility Verification (Form I-9)
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from Employment Eligibility
Verification (Form I-9) differs from Federal or State government
records.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against an employee based on the
employee's decision to contest a TNC or because the case is still
pending with E-Verify. A Final Nonconfirmation (FNC) case result is
received when E-Verify cannot verify an employee's employment
eligibility. An employer may terminate employment based on a case
result of FNC. Work-authorized employees who receive an FNC may call
USCIS for assistance at 888-897-7781 (TTY for the hearing impaired is
at 877-875-6028). To report an employer for discrimination in the E-
Verify process based on citizenship or immigration status, or based on
national origin, 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 covered by DED
and/or show you are authorized to work based on DED. Examples are:
(1) Your unexpired EAD that has been automatically extended, or
your EAD that has not expired;
(2) A copy of this Federal Register Notice if your EAD is
automatically extended under this Notice;
(3) A copy of your past Application for Temporary Protected Status
Notice of Action (Form I-797), if you received one from USCIS, coupled
with a copy of the Presidential Memorandum extending DED for Liberians;
and/or
(4) If there is an automatic extension of work authorization, a
copy of the fact sheet from the USCIS DED Web site that provides
information on the automatic extension.
Check with the government agency regarding which document(s) the
agency will accept. You may also provide the agency with a copy of this
Federal Register Notice.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (SAVE) to verify the current
immigration status of applicants for public benefits. 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 and fast 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 or make an appointment 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 then selecting ``Questions
about Your Records?'' Travel Authorization and Advance Parole
[[Page 67371]]
Individuals covered under DED who would like to travel outside of
the United States must apply for and receive advance parole by filing
an Application for Travel Document (Form I-131) with required fee
before departing from the United States. See 8 CFR 223.2(a). DHS has
the discretion to determine whether to grant advance parole and cannot
guarantee advance parole in all cases. In addition, possession of an
advance parole document does not guarantee that you will be permitted
to re-enter the United States, as that is a decision that will be made
by an immigration officer at the port of entry upon your return. If you
seek advance parole to travel to Liberia or to your country of last
habitual residence outside the United States, you will risk being found
ineligible to re-enter the United States under DED because the
Presidential Memorandum excludes persons ``who have voluntarily
returned to Liberia or his or her country of last habitual residence
outside the United States.''
You may submit your completed Application for Travel Document (Form
I-131) with your Application for Employment Authorization (Form I-765).
If you are filing the Application for Travel Document (Form I-131)
concurrently with your Application for Employment Authorization (Form
I-765), please submit both applications and supporting documentation to
the proper address in Table 1.
If you choose to file an Application for Travel Document (Form I-
131) separately, please submit the application along with supporting
documentation that you qualify for DED to the proper address in Table
2.
Table 2--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S. USCIS, Attn: DED Liberia, P.O.
Postal Service. Box 6943, Chicago, IL 60680-
6943.
You are using a non-U.S. Postal Service USCIS, Attn: DED Liberia, 131
delivery service. S. Dearborn, 3rd Floor,
Chicago, IL 60603-5517.
------------------------------------------------------------------------
If you have a pending or approved Application for Employment
Authorization (Form I-765), please submit the Notice of Action (Form I-
797) along with your Application for Travel Document (Form I-131) and
supporting documentation.
Le[oacute]n Rodr[iacute]guez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2016-23798 Filed 9-28-16; 4:15 pm]
BILLING CODE 9111-97-P