Automatic Extension of Employment Authorization Documentation for Beneficiaries Under El Salvador's Designation for Temporary Protected Status, 12629-12632 [2017-04454]
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Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
[FR Doc. 2017–04230 Filed 3–3–17; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2600–17; DHS Docket No. USCIS–
2008–0034]
RIN 1615–ZB65
Automatic Extension of Employment
Authorization Documentation for
Beneficiaries Under El Salvador’s
Designation for Temporary Protected
Status
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice; extension of
Employment Authorization Documents
validity date.
AGENCY:
On July 8, 2016, the Secretary
of Homeland Security (Secretary)
extended the designation of El Salvador
for Temporary Protected Status (TPS)
for a period of 18 months by notice in
the Federal Register. Through the same
notice, the Department of Homeland
Security (DHS) automatically extended
for 6 months the validity of
Employment Authorization Documents
(EADs) issued under the TPS
designation of El Salvador with a
September 9, 2016 expiration date
printed on the card. These EADs are
currently valid through March 9, 2017.
USCIS is now automatically extending
the validity of these EADs for an
additional 6 months, through September
9, 2017.
DATES: The automatic extension of the
validity of EADs issued under TPS for
El Salvador that was set to expire on
March 9, 2017, is now extended through
September 9, 2017.
FOR FURTHER INFORMATION CONTACT:
• For further information on TPS,
including guidance on the application
process and additional information on
eligibility, please visit the USCIS TPS
Web page at https://www.uscis.gov/tps.
You can find specific information about
El Salvador’s designation for TPS by
selecting ‘‘El Salvador’’ from the menu
on the left of the TPS Web page.
• You can also contact Guillermo
Roman-Riefkohl, TPS Operations
Program Manager, 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
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SUMMARY:
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is not a toll-free number). Note: The
phone number provided here is solely
for questions regarding this TPS Notice.
It is not for individual case status
inquires.
• Applicants seeking information
about the status of their individual cases
can check Case Status Online, available
at the USCIS Web site at https://
www.uscis.gov, or call the USCIS
National Customer Service Center at
800–375–5283 (TTY 800–767–1833).
Service is available in English and
Spanish.
• Further information will also be
available at local USCIS offices upon
publication of this Notice.
SUPPLEMENTARY INFORMATION:
When did the Secretary last extend El
Salvador’s TPS designation?
On July 8, 2016, the Secretary
extended the TPS designation for El
Salvador for a period of 18 months by
notice in the Federal Register. See 81
FR 44645. That extension of El
Salvador’s TPS designation is effective
from September 10, 2016 through March
9, 2018.
Is the Secretary extending El Salvador’s
TPS designation through this Notice?
No. This Notice does not extend El
Salvador’s TPS designation past the
existing March 9, 2018 expiration date
of the current extension announced on
July 8, 2016. This Notice also does not
extend the re-registration period for
existing TPS El Salvador beneficiaries
under the extension announced on July
8, 2016, which ran from July 8, 2016
through September 6, 2016.
What is the effect of this Notice on the
validity of EADs issued under TPS for
El Salvador?
DHS previously extended for 6
months all EADs issued under TPS for
El Salvador that currently display an
expiration date of September 9, 2016;
they currently expire on March 9, 2017.
U.S. Citizenship and Immigration
Services (USCIS) does not expect to be
able to process all timely-received TPS
re-registration applications and issue
new EADs before these extended EADs
expire. Accordingly, through this
Notice, USCIS automatically extends the
validity of EADs issued under the TPS
designation of El Salvador for an
additional 6 months, through September
9, 2017.
Am I eligible to receive an additional
automatic 6-month extension of my
current EAD through September 9,
2017?
If you currently have TPS under the
designation of El Salvador, this Notice
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12629
automatically extends your EAD an
additional 6 months through September
9, 2017, if you:
• Received an EAD under the last
extension of TPS for El Salvador; and
• Have an EAD with a marked
expiration date of September 9, 2016,
bearing the notation ‘‘A–12’’ or ‘‘C–
19’’on the front 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). Or you may present an
acceptable receipt for List A, List B, or
List C documents as described in the
Employment Eligibility Verification
(Form I–9) Instructions. An EAD is an
acceptable document under ‘‘List A.’’
Employers may not reject a document
based on a future expiration date.
If your EAD has an expiration date of
September 9, 2016, and states ‘‘A–12’’ or
‘‘C–19’’ under ‘‘Category,’’ it has been
extended automatically beyond the
previous automatic extension for an
additional 6 months. It is now valid
through September 9, 2017, 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 September 9, 2017
(see the subsection titled ‘‘How do my
employer and I complete the
Employment Eligibility Verification
(Form I–9) using an automatically
extended EAD for a new job?’’ for
further information). To minimize
confusion over this extension at the
time of hire, you should explain to your
employer that USCIS automatically
extended your EAD through September
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
9, 2017. You may also show your
employer a copy of this Federal Register
Notice confirming the automatic
extension of employment authorization
through September 9, 2017. As an
alternative to presenting your
automatically extended EAD, you may
choose to present any other acceptable
document from List A, a combination of
one selection from List B and one
selection from List C, or a valid receipt.
What documentation may I show my
employer if I am already employed but
my current TPS-related EAD is expired?
Even though EADs with an expiration
date of September 9, 2016, that state
‘‘A–12’’ or ‘‘C–19’’ under ‘‘Category’’
have been automatically extended
through September 9, 2017, your
employer may need to ask you about
your continued employment
authorization after March 9, 2017, in
order to meet his or her 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 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 September 9, 2017,
the expiration date of the additional
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 September 9, 2017, the expiration
date of the additional 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 Section 3 of the
Employment Eligibility Verification
(Form I–9) originally completed for you;
or
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• If Section 3 has already been
completed or if the version of
Employment Eligibility Verification
(Form I–9) has expired (check the date
in the upper right-hand corner of the
form), complete Section 3 of a new
Employment Eligibility Verification
(Form I–9) using the most current
version.
Note that employers may not specify
which List A or List C document
employees must present, and cannot
reject an acceptable receipt.
Can my employer require that I
produce any other documentation to
prove my status, such as proof of my
Salvadoran citizenship?
No. When completing Employment
Eligibility Verification (Form I–9),
including 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 Salvadoran citizenship or proof
of re-registration for TPS when
completing Employment Eligibility
Verification (Form I–9) for new hires or
correcting expiration dates for
automatically extended EADs 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 September 9, 2017,
for purposes of employment
authorization?
After September 9, 2017, employers
may no longer accept the EADs that this
Federal Register Notice automatically
extended. Before that time, however,
USCIS will endeavor to issue new EADs
to eligible TPS re-registrants who
request them. These new EADs will
have an expiration date of March 9,
2018, and can be presented to your
employer for completion of
Employment Eligibility Verification
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(Form I–9). Alternatively, you may
choose to present any other legally
acceptable document or combination of
documents listed on the Employment
Eligibility Verification (Form I–9).
How do my employer and I complete
Employment Eligibility Verification
(Form I–9) using an automatically
extended EAD for a new job?
When using an automatically
extended EAD to complete Employment
Eligibility Verification (Form I–9) for a
new job prior to September 9, 2017, you
and your employer should do the
following:
1. For Section 1, you should:
a. Check ‘‘An alien authorized to
work’’;
b. Write your alien number (USCIS
number or A-Number) in the first space
(your EAD or other document from DHS
will have your USCIS number or 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 (September 9,
2017) in the second space.
2. For Section 2, employers should
record the:
a. Document title;
b. Document number; and
c. Automatically extended EAD
expiration date (September 9, 2017).
By September 9, 2017, employers
must reverify the employee’s
employment authorization in Section 3
of the Employment Eligibility
Verification (Form I–9).
What corrections should my current
employer and I make to Employment
Eligibility Verification (Form I–9) if I
am using my automatically extended
EAD to prove my employment
eligibility?
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 re-inspect your
automatically extended EAD if your
employer does not have a copy of the
EAD on file. 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;
b. Write ‘‘September 9, 2017’’ above
the previous date;
c. Write ‘‘TPS Ext.’’ in the margin of
Section 1; and
d. Initial and date the correction in
the margin of Section 1.
2. For Section 2, employers should:
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Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
a. Draw a line through the expiration
date written in Section 2;
b. Write ‘‘September 9, 2017’’ above
the previous date;
c. Write ‘‘TPS Ext.’’ in the Additional
Information field of Section 2; and
d. Initial and date the correction in
the margin of Section 2.
By September 9, 2017, when the
automatic extension of EADs expires,
employers relying on an automatically
extended EAD for proof of employment
eligibility must reverify the employee’s
employment authorization in Section 3.
If I am an employer enrolled in EVerify, 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 autoextension period for this EAD is about
to expire. If relying on an automatically
extended EAD for proof of employment
eligibility, by September 9, 2017, you
must reverify employment authorization
in Section 3. Employers should not use
E-Verify for reverification.
asabaliauskas on DSK3SPTVN1PROD 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, employers may also call the
U.S. Department of Justice, Immigrant
and Employee Rights Section (IER)
(formerly, the Office of Special Counsel
for Immigration-Related Unfair
Employment Practices) Employer
Hotline at 800–255–8155 (TTY 800–
237–2515), which offers language
interpretation in numerous languages.
Employers may also email IER at IER@
usdoj.gov; IER accepts email messages
written in any language.
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Note to Employees
For general questions about the
employment eligibility verification
process, employees may call USCIS at
888–897–7781 (TTY 877–875–6028) or
email at I-9Central@dhs.gov. Calls are
accepted in English and many other
languages. Employees or applicants may
also call the IER 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; for information
regarding discrimination related to
Employment Eligibility Verification
(Form I–9) and E-Verify; and for
information about how to file a
complaint alleging immigration-related
employment discrimination. The IER
Worker Information Hotline provides
language interpretation in numerous
languages. Employees may also email
IER at IER@usdoj.gov; IER accepts email
messages written in any language.
To comply with the law, employers
must accept any document or
combination of documents from the
Lists of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt described in the Employment
Eligibility Verification (Form I–9)
Instructions. Employers may not require
extra or additional documentation
beyond what is required for
Employment Eligibility Verification
(Form I–9) completion. Further,
employers participating in E-Verify who
receive an E-Verify case result of
‘‘Tentative Nonconfirmation (TNC)’’
must promptly inform employees of the
TNC and give such employees an
opportunity to contest the TNC. A TNC
case result means that the information
entered into E-Verify from Employment
Eligibility Verification (Form I–9) differs
from Federal or state government
records.
Employers may not terminate,
suspend, delay training, withhold pay,
lower pay, or take any adverse action
against an employee based on the
employee’s decision to contest a TNC or
because the case is still pending with 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 877–875–6028). An employee that
believes he or she was discriminated
against by an employer in the E-Verify
process based on citizenship,
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12631
immigration status, or national origin
should contact IER’s Worker
Information Hotline at 800–255–7688
(TTY 800–237–2515) for information
about their rights and how to file a
complaint against the employer.
Additional information about proper
nondiscriminatory Employment
Eligibility Verification (Form I–9) and EVerify procedures is available on the
IER Web site at https://www.justice.gov/
ier 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)
Benefit-granting agencies are bound
by different laws, requirements, and
determinations about what documents
their applicants must provide to prove
eligibility for certain benefits. Whether
you are applying for a Federal, state, or
local government benefit, you may need
to provide the government agency with
documents that show you are a TPS
beneficiary and/or show you are
authorized to work based on TPS.
Examples are:
1. Your unexpired EAD that has been
automatically extended or your EAD
that has not expired;
2. A copy of this Federal Register
Notice if your EAD is automatically
extended under this Notice;
3. A copy of your Application for
Temporary Protected Status Notice of
Action (Form I–797) for this reregistration;
4. A copy of your past or current
Application for Temporary Protected
Status Notice of Action (Form I–797), if
you received one from USCIS; and/or
5. If there is an automatic extension
of work authorization, a copy of the fact
sheet from the USCIS TPS Web site that
provides information on the automatic
extension.
Check with the government agency
regarding which document(s) the agency
will accept. You may also provide the
agency with a copy of this Federal
Register Notice.
Some benefit-granting agencies use
the USCIS Systematic Alien Verification
for Entitlements Program (SAVE) to
verify the current immigration status of
applicants for public benefits. If 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.
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Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
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 choosing ‘‘SAVE Resources’’
from the menu on the left, selecting
‘‘Benefit Applicants’’ in the middle of
the page, then selecting ‘‘Publications,’’
and finally ‘‘SAVE Fact Sheet for
Benefit Applicants.’’
Lori Scialabba,
Acting Director.
[FR Doc. 2017–04454 Filed 3–2–17; 4:15 pm]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–ES–2016–N112;
FXES11130400000C2–167–FF04E00000]
Endangered and Threatened Wildlife
and Plants; Technical/Agency Draft
Recovery Plan for the Yellowcheek
Darter
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability and
request for public comment.
AGENCY:
We, the Fish and Wildlife
Service (Service), announce the
availability of the technical/agency draft
recovery plan for the endangered
yellowcheek darter, a fish. The draft
recovery plan includes specific recovery
objectives and criteria that must be met
in order for us to reclassify this species
to threatened status and ultimately
delist it under the Endangered Species
Act of 1973, as amended (Act). We
request review and comment on this
draft recovery plan from local, State,
and Federal agencies, and the public.
DATES: In order to be considered,
comments on the draft recovery plan
must be received on or before May 5,
2017.
SUMMARY:
Reviewing documents: If
you wish to review this technical/
agency draft recovery plan, you may
obtain a copy by contacting Melvin
Tobin, U.S. Fish and Wildlife Service,
Arkansas Ecological Services Field
Office, 110 S. Amity Road, Suite 300,
Conway, AR 72032; tel. 501–513–4473;
or by visiting the Service’s Arkansas
Field Office Web site at https://
www.fws.gov/arkansas-es.
Submitting comments: If you wish to
comment, you may submit your
comments by one of the following
methods:
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ADDRESSES:
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1. You may submit written comments
and materials to us, at the above
address.
2. You may hand-deliver written
comments to our Arkansas Field Office,
at the above address, or fax them to
501–513–4480.
3. You may send comments by email
to Melvin_Tobin@fws.gov. Please
include ‘‘Yellowcheek Darter Draft
Recovery Plan Comments’’ on the
subject line.
For additional information about
submitting comments, see Request for
Public Comments below.
FOR FURTHER INFORMATION CONTACT:
Melvin Tobin (see ADDRESSES).
SUPPLEMENTARY INFORMATION:
Background
The Act requires the development of
recovery plans for listed species, unless
such a plan would not promote the
conservation of a particular species.
Recovery plans describe actions
considered necessary for conservation of
the species, establish criteria for
reclassification to threatened or
delisting, and estimate time and cost for
implementing recovery measures.
Section 4(f) of the Act requires us to
provide public notice and an
opportunity for public review and
comment during recovery plan
development. We will consider all
information presented during a public
comment period prior to approval of
each new or revised recovery plan. We
and other Federal agencies will take
these comments into account in the
course of implementing approved
recovery plans.
About the Species
We listed the yellowcheek darter
(Etheostoma moorei) as endangered
under the Act (16 U.S.C. 1531 et seq.)
on August 9, 2011 (76 FR 48722). A total
of 102 river miles (164 rkm) in four
streams (Middle, South, Archey, and
Devils forks of the Little Red River) in
Cleburne, Searcy, Stone, and Van Buren
Counties, Arkansas was designated as
critical habitat on October 16, 2012 (77
FR 63604).
The yellowcheek darter grows to 2.5
inches (6.4 cm) total length and is
endemic to the Devils, Middle, South,
and Archey forks of the Little Red River
and the mainstem Little Red River in
Arkansas. The species inhabits highgradient headwater tributaries with
clear water, permanent flow, moderate
to strong riffles, and gravel, cobble, and
boulder substrates (Robison and
Buchanan 1988). Prey items consumed
by the yellowcheek darter include
blackfly larvae, stoneflies, mayflies, and
other aquatic insects.
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Threats
The yellowcheek darter is threatened
primarily by factors associated with the
present destruction, modification, or
curtailment of its habitat or range.
Threats include impoundment,
sedimentation, poor livestock grazing
practices, improper timber harvest
practices, nutrient enrichment, gravel
mining, channelization/channel
instability, and natural gas
development. Climate change is also
likely to have adverse effects on the
species due to alteration of hydrologic
cycles of headwater streams that
support the yellowcheek darter, but the
extent or magnitude of this threat has
not been quantified at this time.
We have assigned the yellowcheek
darter a recovery priority number of 2C
(48 FR 43098), which reflects a high
degree of threat, and a high recovery
potential.
Recovery Plan Components
The ultimate goal of this recovery
plan is to ensure the long-term viability
of the yellowcheek darter in the wild to
the point that it can be delisted from the
Federal List of Endangered and
Threatened Wildlife (50 CFR 17.11).
Initially, the goal is to reclassify the
yellowcheek darter from endangered to
threatened status based upon its
improved status due to the
implementation of recovery actions in
this plan.
Recovery Criteria
Reclassification from endangered to
threatened status: The yellowcheek
darter will be considered for
reclassification to threatened when (1)
water quality and quantity in the
Middle, South, and either Archey or
Devils Forks, as defined by the best
available science (to be refined by
recovery actions), supports the longterm survival of yellowcheek darter in
its natural environment (based on Safe
Harbor enrollment and private
landowner conservation efforts); (2)
streams where the yellowcheek darter
occurs contain sufficient
geomorphically stable channels with
relatively silt-free, moderate to strong
velocity riffles with gravel cobble and
boulder substrates that support adequate
macroinvertebrate prey items; (3)
healthy, self-sustaining (evident by
multiple age classes of individuals,
including naturally recruited juveniles
and recruitment rates exceeding
mortality rates) natural populations of
yellowcheek darter are maintained in
three of four tributaries (Middle, South,
and either Archey or Devils Forks) at
stable or increasing levels for 15 years
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Agencies
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12629-12632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04454]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2600-17; DHS Docket No. USCIS-2008-0034]
RIN 1615-ZB65
Automatic Extension of Employment Authorization Documentation for
Beneficiaries Under El Salvador's Designation for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice; extension of Employment Authorization Documents
validity date.
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SUMMARY: On July 8, 2016, the Secretary of Homeland Security
(Secretary) extended the designation of El Salvador for Temporary
Protected Status (TPS) for a period of 18 months by notice in the
Federal Register. Through the same notice, the Department of Homeland
Security (DHS) automatically extended for 6 months the validity of
Employment Authorization Documents (EADs) issued under the TPS
designation of El Salvador with a September 9, 2016 expiration date
printed on the card. These EADs are currently valid through March 9,
2017. USCIS is now automatically extending the validity of these EADs
for an additional 6 months, through September 9, 2017.
DATES: The automatic extension of the validity of EADs issued under TPS
for El Salvador that was set to expire on March 9, 2017, is now
extended through September 9, 2017.
FOR FURTHER INFORMATION CONTACT:
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS TPS Web page at https://www.uscis.gov/tps. You can find
specific information about El Salvador's designation for TPS by
selecting ``El Salvador'' from the menu on the left of the TPS Web
page.
You can also contact Guillermo Roman-Riefkohl, TPS
Operations Program Manager, Service Center Operations Directorate, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by phone at
202-272-1533 (this is not a toll-free number). Note: The phone number
provided here is solely for questions regarding this TPS Notice. It is
not for individual case status inquires.
Applicants seeking information about the status of their
individual cases can check Case Status Online, available at the USCIS
Web site at https://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available
in English and Spanish.
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
When did the Secretary last extend El Salvador's TPS designation?
On July 8, 2016, the Secretary extended the TPS designation for El
Salvador for a period of 18 months by notice in the Federal Register.
See 81 FR 44645. That extension of El Salvador's TPS designation is
effective from September 10, 2016 through March 9, 2018.
Is the Secretary extending El Salvador's TPS designation through this
Notice?
No. This Notice does not extend El Salvador's TPS designation past
the existing March 9, 2018 expiration date of the current extension
announced on July 8, 2016. This Notice also does not extend the re-
registration period for existing TPS El Salvador beneficiaries under
the extension announced on July 8, 2016, which ran from July 8, 2016
through September 6, 2016.
What is the effect of this Notice on the validity of EADs issued under
TPS for El Salvador?
DHS previously extended for 6 months all EADs issued under TPS for
El Salvador that currently display an expiration date of September 9,
2016; they currently expire on March 9, 2017. U.S. Citizenship and
Immigration Services (USCIS) does not expect to be able to process all
timely-received TPS re-registration applications and issue new EADs
before these extended EADs expire. Accordingly, through this Notice,
USCIS automatically extends the validity of EADs issued under the TPS
designation of El Salvador for an additional 6 months, through
September 9, 2017.
Am I eligible to receive an additional automatic 6-month extension of
my current EAD through September 9, 2017?
If you currently have TPS under the designation of El Salvador,
this Notice automatically extends your EAD an additional 6 months
through September 9, 2017, if you:
Received an EAD under the last extension of TPS for El
Salvador; and
Have an EAD with a marked expiration date of September 9,
2016, bearing the notation ``A-12'' or ``C-19''on the front 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). Or you may present an acceptable
receipt for List A, List B, or List C documents as described in the
Employment Eligibility Verification (Form I-9) Instructions. An EAD is
an acceptable document under ``List A.'' Employers may not reject a
document based on a future expiration date.
If your EAD has an expiration date of September 9, 2016, and states
``A-12'' or ``C-19'' under ``Category,'' it has been extended
automatically beyond the previous automatic extension for an additional
6 months. It is now valid through September 9, 2017, 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 September 9,
2017 (see the subsection titled ``How do my employer and I complete the
Employment Eligibility Verification (Form I-9) using an automatically
extended EAD for a new job?'' for further information). To minimize
confusion over this extension at the time of hire, you should explain
to your employer that USCIS automatically extended your EAD through
September
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9, 2017. You may also show your employer a copy of this Federal
Register Notice confirming the automatic extension of employment
authorization through September 9, 2017. As an alternative to
presenting your automatically extended EAD, you may choose to present
any other acceptable document from List A, a combination of one
selection from List B and one selection from List C, or a valid
receipt.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is expired?
Even though EADs with an expiration date of September 9, 2016, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended through September 9, 2017, your employer may need to ask you
about your continued employment authorization after March 9, 2017, in
order to meet his or her 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 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 September 9, 2017, the expiration date of the
additional 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 September 9, 2017, the expiration date of the additional
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 Section 3 of the Employment Eligibility
Verification (Form I-9) originally completed for you; or
If Section 3 has already been completed or if the version
of Employment Eligibility Verification (Form I-9) has expired (check
the date in the upper right-hand corner of the form), complete Section
3 of a new Employment Eligibility Verification (Form I-9) using the
most current version.
Note that employers may not specify which List A or List C document
employees must present, and cannot reject an acceptable receipt.
Can my employer require that I produce any other documentation to prove
my status, such as proof of my Salvadoran citizenship?
No. When completing Employment Eligibility Verification (Form I-9),
including 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 Salvadoran citizenship or proof of
re-registration for TPS when completing Employment Eligibility
Verification (Form I-9) for new hires or correcting expiration dates
for automatically extended EADs 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 September 9, 2017, for purposes of employment
authorization?
After September 9, 2017, employers may no longer accept the EADs
that this Federal Register Notice automatically extended. Before that
time, however, USCIS will endeavor to issue new EADs to eligible TPS
re-registrants who request them. These new EADs will have an expiration
date of March 9, 2018, and can be presented to your employer for
completion of Employment Eligibility Verification (Form I-9).
Alternatively, you may choose to present any other legally acceptable
document or combination of documents listed on the Employment
Eligibility Verification (Form I-9).
How do my employer and I complete Employment Eligibility Verification
(Form I-9) using an automatically extended EAD for a new job?
When using an automatically extended EAD to complete Employment
Eligibility Verification (Form I-9) for a new job prior to September 9,
2017, you and your employer should do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work'';
b. Write your alien number (USCIS number or A-Number) in the first
space (your EAD or other document from DHS will have your USCIS number
or A-Number printed on it; the USCIS number is the same as your A-
Number without the A prefix); and
c. Write the automatically extended EAD expiration date (September
9, 2017) in the second space.
2. For Section 2, employers should record the:
a. Document title;
b. Document number; and
c. Automatically extended EAD expiration date (September 9, 2017).
By September 9, 2017, employers must reverify the employee's
employment authorization in Section 3 of the Employment Eligibility
Verification (Form I-9).
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if I am using my automatically
extended EAD to prove my employment eligibility?
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 re-inspect your
automatically extended EAD if your employer does not have a copy of the
EAD on file. 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;
b. Write ``September 9, 2017'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 1; and
d. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
[[Page 12631]]
a. Draw a line through the expiration date written in Section 2;
b. Write ``September 9, 2017'' above the previous date;
c. Write ``TPS Ext.'' in the Additional Information field of
Section 2; and
d. Initial and date the correction in the margin of Section 2.
By September 9, 2017, when the automatic extension of EADs expires,
employers relying on an automatically extended EAD for proof of
employment eligibility must reverify the employee's employment
authorization in Section 3.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiration'' alert for an automatically
extended EAD?
If you 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. If relying on an
automatically extended EAD for proof of employment eligibility, by
September 9, 2017, you must reverify employment authorization in
Section 3. Employers should not use E-Verify for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those rules setting forth reverification
requirements. For general questions about the employment eligibility
verification process, employers may call USCIS at 888-464-4218 (TTY
877-875-6028) or email USCIS at I-9Central@dhs.gov. Calls and emails
are accepted in English and many other languages. For questions about
avoiding discrimination during the employment eligibility verification
process, employers may also call the U.S. Department of Justice,
Immigrant and Employee Rights Section (IER) (formerly, the Office of
Special Counsel for Immigration-Related Unfair Employment Practices)
Employer Hotline at 800-255-8155 (TTY 800-237-2515), which offers
language interpretation in numerous languages. Employers may also email
IER at IER@usdoj.gov; IER accepts email messages written in any
language.
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email at I-9Central@dhs.gov. Calls are accepted in English and many
other languages. Employees or applicants may also call the IER 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; for information regarding
discrimination related to Employment Eligibility Verification (Form I-
9) and E-Verify; and for information about how to file a complaint
alleging immigration-related employment discrimination. The IER Worker
Information Hotline provides language interpretation in numerous
languages. Employees may also email IER at IER@usdoj.gov; IER accepts
email messages written in any language.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt described
in the Employment Eligibility Verification (Form I-9) Instructions.
Employers may not require extra or additional documentation beyond what
is required for Employment Eligibility Verification (Form I-9)
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation (TNC)'' must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from Employment Eligibility
Verification (Form I-9) differs from Federal or state government
records.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against an employee based on the
employee's decision to contest a TNC or because the case is still
pending with E-Verify. A Final Nonconfirmation (FNC) case result is
received when E-Verify cannot verify an employee's employment
eligibility. An employer may terminate employment based on a case
result of FNC. Work-authorized employees who receive an FNC may call
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). An employee
that believes he or she was discriminated against by an employer in the
E-Verify process based on citizenship, immigration status, or national
origin should contact IER's Worker Information Hotline at 800-255-7688
(TTY 800-237-2515) for information about their rights and how to file a
complaint against the employer. Additional information about proper
nondiscriminatory Employment Eligibility Verification (Form I-9) and E-
Verify procedures is available on the IER Web site at https://www.justice.gov/ier 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)
Benefit-granting agencies are bound by different laws,
requirements, and determinations about what documents their applicants
must provide to prove eligibility for certain benefits. Whether you are
applying for a Federal, state, or local government benefit, you may
need to provide the government agency with documents that show you are
a TPS beneficiary and/or show you are authorized to work based on TPS.
Examples are:
1. Your unexpired EAD that has been automatically extended or your
EAD that has not expired;
2. A copy of this Federal Register Notice if your EAD is
automatically extended under this Notice;
3. A copy of your Application for Temporary Protected Status Notice
of Action (Form I-797) for this re-registration;
4. A copy of your past or current Application for Temporary
Protected Status Notice of Action (Form I-797), if you received one
from USCIS; and/or
5. If there is an automatic extension of work authorization, a copy
of the fact sheet from the USCIS TPS Web site that provides information
on the automatic extension.
Check with the government agency regarding which document(s) the
agency will accept. You may also provide the agency with a copy of this
Federal Register Notice.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (SAVE) to verify the current
immigration status of applicants for public benefits. If 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.
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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 choosing ``SAVE Resources'' from the menu on
the left, selecting ``Benefit Applicants'' in the middle of the page,
then selecting ``Publications,'' and finally ``SAVE Fact Sheet for
Benefit Applicants.''
Lori Scialabba,
Acting Director.
[FR Doc. 2017-04454 Filed 3-2-17; 4:15 pm]
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