Extension of the Designation of Haiti for Temporary Protected Status, 23830-23837 [2017-10749]
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Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
Households. Form I–854 A—Law
enforcement agencies (LEAs) use Form
I–854A to request an alien witness and/
or informant receive classification as an
S nonimmigrant. Form I–854B—LEAs
use Form I–854B to request an alien in
S nonimmigrant status be permitted to
apply for adjustment of status to adjust
to lawful permanent resident (LPR)
status under section 245(j) of the
Immigration and Nationality Act (INA).
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: Form I–854A—150 responses
at 3 hours per response, and Form I–
854B—150 responses at 1 hour per
response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 600 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $0.
Dated: May 19, 2017.
Jerry Rigdon,
Deputy Chief, Regulatory Coordination
Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services,
Department of Homeland Security.
[FR Doc. 2017–10649 Filed 5–23–17; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2596–16; DHS Docket No. USCIS–
2014–0001]
RIN 1615–ZB63
Extension of the Designation of Haiti
for Temporary Protected Status
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
SUMMARY: Through this Notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
extending the designation of Haiti for
Temporary Protected Status (TPS) for 6
months, from July 23, 2017, through
January 22, 2018. The Secretary has
determined that a limited, 6-month
extension is warranted because,
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although Haiti has made significant
progress in recovering from the January
2010 earthquake that prompted its
initial designation, conditions in Haiti
supporting its designation for TPS
continue to be met at this time. The
Secretary is committed to making TPS
determinations that fully comply with
the Immigration and Nationality Act
and the intent of the program to provide
a temporary form of immigration relief
and protection to eligible individuals
who cannot return to their home
country due to ongoing armed conflict,
environmental disasters, or other
extraordinary and temporary conditions.
This Notice also sets forth procedures
necessary for nationals of Haiti (or
aliens having no nationality who last
habitually resided in Haiti) to re-register
for TPS and to apply for renewal of their
Employment Authorization Documents
(EAD) with U.S. Citizenship and
Immigration Services (USCIS). USCIS
will issue EADs with a January 22, 2018
expiration date to eligible Haiti TPS
beneficiaries who timely re-register and
apply for EADs under this extension.
Provided a Haiti TPS beneficiary timely
re-registers and properly files an
application for an EAD during the 60day re-registration period, his or her
employment authorization will be
automatically extended for an
additional period not to exceed 180
days from the date the current EAD
expires, i.e., January 18, 2018. See 8
CFR 274a.13(d)(1). TPS beneficiaries are
reminded that, prior to January 22,
2018, the Secretary will re-evaluate the
designation for Haiti and decide anew
whether extension, redesignation, or
termination is warranted. During this
period, beneficiaries are encouraged to
prepare for their return to Haiti in the
event Haiti’s designation is not
extended again, including requesting
updated travel documents from the
Government of Haiti.
DATES: Extension of Designation of Haiti
for TPS: The 6-month extension of the
TPS designation of Haiti is effective July
23, 2017, and will remain in effect
through January 22, 2018. The 60-day
re-registration period runs from May 24,
2017 through July 24, 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
Haiti’s TPS extension by selecting
‘‘Haiti’’ from the menu on the left side
of the TPS Web page.
• You can also contact Guillermo
Roman-Riefkohl, TPS Operations
PO 00000
Frm 00059
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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 TPS
Notice. It is not for individual case status
inquiries.
• Applicants seeking information
about the status of their individual cases
can check Case Status Online, available
at the USCIS Web site at https://
www.uscis.gov, or call the USCIS
National Customer Service Center at
800–375–5283 (TTY 800–767–1833).
Service is available in English and
Spanish.
• Further information will also be
available at local USCIS offices upon
publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA—Board of Immigration Appeals
DHS—Department of Homeland Security
DOS—Department of State
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
IJ—Immigration Judge
INA—Immigration and Nationality Act
IER—U.S. Department of Justice Civil Rights
Division, Immigrant and Employee Rights
Section
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
The extension allows TPS
beneficiaries to maintain TPS through
January 22, 2018, so long as they
continue to meet the eligibility
requirements for TPS. The Secretary has
determined that an extension is
warranted because the conditions in
Haiti that prompted the TPS
designation, while significantly
improved, continue to be met. There
continue to be extraordinary and
temporary conditions in Haiti that
prevent Haitian nationals (or aliens
having no nationality who last
habitually resided in Haiti) from
returning to Haiti in safety. The
Secretary also has determined that
permitting such Haitian nationals to
continue to remain in the United States,
at this time, is not contrary to the
national interest of the United States.
TPS beneficiaries are reminded that,
prior to the conclusion of this six-month
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extension period, the Secretary will reevaluate Haiti’s TPS designation and
decide anew whether extension,
redesignation, or termination is
warranted. Because the designation of
TPS was intended by Congress to be
temporary in nature, and because the
Government of Haiti has expressed a
desire for its nationals to return to Haiti,
the Secretary will fully re-evaluate the
country conditions and any other factors
he deems necessary to determine
whether Haiti’s TPS designation should
continue. Among those factors, the
Secretary will consider whether
permitting Haitian nationals to remain
in the United States is contrary to the
national interest of the United States.
Thus, during this limited six-month
period, beneficiaries are encouraged to
prepare for their return to Haiti,
including requesting updated travel
documents from the Government of
Haiti. The Secretary is committed to
working with the Government of Haiti
to ensure an orderly transition should
Haiti’s TPS designation be terminated at
the conclusion of this limited six-month
extension.
Re-registration is limited to persons
who have previously registered for TPS
under the designation of Haiti and
whose applications have been granted.
Certain nationals of Haiti (or aliens
having no nationality who last
habitually resided in Haiti) who have
not previously applied for TPS may be
eligible to apply under the late initial
registration provisions if they meet (1) at
least one of the late initial filing criteria
in 8 CFR 244.2(f)(2), which are also
described on the TPS Web page at
https://www.uscis.gov/humanitarian/
temporary-protected-status, and (2) all
TPS eligibility criteria (including
continuous residence in the United
States since January 12, 2011, and
continuous physical presence in the
United States since July 23, 2011).
For individuals who have already
been granted TPS under Haiti’s
designation, the 60-day re-registration
period runs from May 24, 2017 through
July 24, 2017. USCIS will issue EADs
with a January 22, 2018 expiration date
to eligible Haiti TPS beneficiaries who
timely re-register and apply for EADs
under this extension. Given the
timeframes involved with processing
TPS re-registration applications, DHS
recognizes that not all re-registrants will
receive new EADs before their current
EADs expire on July 22, 2017. But
provided a Haiti TPS beneficiary timely
re-registers and properly files an
application for an EAD during the 60day re-registration period, his or her
employment authorization will be
automatically extended for an
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additional period not to exceed 180
days from the date the current EAD
expires, i.e., January 18, 2018. This
notice explains how TPS beneficiaries
and their employers may determine
whether a beneficiary’s employment
authorization has been automatically
extended and the impact on the
Employment Eligibility Verification
(Form I–9) and E-Verify processes.
There are approximately 46,000 current
Haiti TPS beneficiaries who are
expected to file for re-registration under
the extension.
What is Temporary Protected Status
(TPS)?
• TPS is a temporary immigration
status granted to eligible nationals of a
country designated for TPS under the
Immigration and Nationality Act (INA),
or to eligible persons without
nationality who last habitually resided
in the designated country.
• During the TPS designation period,
TPS beneficiaries are eligible to remain
in the United States, may not be
removed, and are authorized to work
and obtain EADs so long as they
continue to meet the requirements of
TPS.
• TPS beneficiaries may also be
granted travel authorization as a matter
of discretion.
• The granting of TPS does not result
in or lead to lawful permanent resident
status.
• When the Secretary terminates a
country’s TPS designation, beneficiaries
return to the same immigration status
they maintained before TPS, if any
(unless that status has since expired or
been terminated), or to any other
lawfully obtained immigration status
they received while registered for TPS.
When was Haiti designated for TPS?
On January 21, 2010, the Secretary
designated Haiti for TPS based on
extraordinary and temporary conditions
within the country, specifically the
effects of the 7.0-magnitude earthquake
that occurred on January 12, 2010. See
Designation of Haiti for Temporary
Protected Status, 75 FR 3476 (Jan. 21,
2010). In 2011, the Secretary both
extended Haiti’s designation and
redesignated Haiti for TPS for 18
months through January 22, 2013. See
Extension and Redesignation of Haiti for
Temporary Protected Status, 76 FR
29000 (May 19, 2011). This
announcement is the fourth extension of
TPS for Haiti since the 2011
redesignation. The Secretary last
extended Haiti’s designation on August
25, 2015. See Extension of the
Designation of Haiti for Temporary
PO 00000
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23831
Protected Status, 80 FR 51582 (Aug. 25,
2015).
What authority does the Secretary of
Homeland Security have to extend the
designation of Haiti for TPS?
Section 244(b)(1) of the INA, 8 U.S.C.
1254a(b)(1), authorizes the Secretary,
after consultation with appropriate
agencies of the U.S. Government, to
designate a foreign state (or part thereof)
for TPS if the Secretary finds that
certain country conditions exist.1 The
Secretary may then grant TPS to eligible
nationals of that foreign state (or eligible
aliens having no nationality who last
habitually resided in the designated
country). See INA section 244(a)(1)(A),
8 U.S.C. 1254a(a)(1)(A).
At least 60 days before the expiration
of a country’s TPS designation or
extension, the Secretary, after
consultation with appropriate U.S.
Government agencies, must review the
conditions in a foreign state designated
for TPS to determine whether the
conditions for the TPS designation
continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If
following this review the Secretary
determines that a foreign state continues
to meet the conditions for TPS
designation (or makes no determination
at all), the designation must be extended
for an additional period of 6 months or,
in the Secretary’s discretion, for an
additional 12 or 18 months. See INA
section 244(b)(3)(A), (C), 8 U.S.C.
1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no
longer meets the conditions for TPS
designation, the Secretary must
terminate the designation. See INA
section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B).
Why is the Secretary extending the TPS
designation for Haiti through January
22, 2018?
Since the last extension was
announced, DHS has reviewed
conditions in Haiti. Based on this
review and after consulting with DOS,
the Secretary has determined that a
limited, 6-month extension is warranted
because, although Haiti has made
significant progress in recovering from
the January 2010 earthquake that
prompted its initial designation,
conditions in Haiti supporting its
designation for TPS persist.
1 As of March 1, 2003, in accordance with section
1517 of title XV of the Homeland Security Act of
2002, Public Law 107–296, 116 Stat. 2135, any
reference to the Attorney General in a provision of
the INA describing functions transferred from the
Department of Justice to DHS ‘‘shall be deemed to
refer to the Secretary’’ of Homeland Security. See
6 U.S.C. 557 (codifying the Homeland Security Act
of 2002, title XV, section 1517).
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Although lingering effects of the 2010
earthquake remain, Haiti has made
significant progress in addressing issues
specific to the earthquake, as its
economy continues to recover and grow.
For example, 96% of people displaced
by the earthquake and living in
internally displaced person (IDP) camps
have left those camps. Over 98% of the
IDP camps have closed. However, over
55,000 Haitians who lost their homes in
the earthquake are still living in 31
camps for internally displaced persons
without viable options to leave. Genderbased violence in these camps continues
to be a serious concern, and personal
security is a serious and pervasive issue.
Some people who were displaced by the
earthquake, although no longer in
camps, have moved back to unsafe
homes or relocated to informal
settlements located in hazardous areas.
However, demonstrating improvement
in Haiti’s security situation, in March
2017, the United Nations announced
that the mandate of the United Nations
peacekeeping mission in Haiti will end
in October 2017, to be replaced by a
new police-only mission focused on
rule of law.
Hurricane Matthew made landfall in
Haiti on October 4, 2016, causing
extensive damage to crops, housing,
livestock, and infrastructure across
Haiti’s southwest peninsula. The
Government of Haiti confirmed 546
fatalities from the storm, and over
175,000 people were left without
housing. The most significant impact
from the storm was concentrated in 3 of
Haiti’s 10 departments—Nippes,
Grand’Anse, and Sud. Minimal damage
was inflicted on the rest of the country,
including the capital, Port-au-Prince,
¨
and the second largest city, Cap-Haıtien.
Still, significant losses of crops and
livestock in the regions damaged by
Hurricane Matthew impacted the entire
country.
Heavy rains in late April 2017 caused
flooding and landslides in South, South
East, Grand’Anse, and Nippes
departments, with South department
most impacted. At least four people
were killed, nearly 10,000 homes may
have been damaged, and at least 350,000
people may have been affected.
According to a Haitian government
official, an estimated 80% of the spring
harvest in South department may have
been destroyed. The damage from
Hurricane Matthew and the recent
heavy rains are compounding the
existing food insecurity experienced by
an estimated 3.2 million people
(approximately 30 percent of the
population) in September 2016.
Haiti’s weak public health system is
further strained due to an ongoing
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cholera epidemic, whose inception was
traced to U.N. peacekeepers assisting
with earthquake recovery. Since October
2010, close to 800,000 Haitians have
contracted cholera, and nearly 10,000
people have died from the disease.
However, progress has been made in
combatting cholera, and Haiti has made
some progress in the health sector in
recent years. Nevertheless, Haiti faces
longstanding public health challenges,
where 40% of the population lacked
access to basic health services before the
2010 earthquake. As of 2016, this figure
remains the same—40% of the
population lacks access to fundamental
health and nutrition services. While the
lack of access to safe drinking water and
Haiti’s weak sanitation infrastructure
remain significant concerns, these are
not new problems. Extreme poverty,
corruption, and low levels of education
in Haiti challenge its resilience and
have contributed to the government’s
longstanding inability to adequately
provide for the security, health, and
safety of its citizenry.
Based upon this review and after
consultation with appropriate U.S.
Government agencies, the Secretary has
determined that:
• The conditions that prompted the
July 23, 2011 redesignation of Haiti for
TPS continue to be met. See INA section
244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
• There continue to be extraordinary
and temporary conditions in Haiti that
prevent Haitian nationals (or aliens
having no nationality who last
habitually resided in Haiti) from
returning to Haiti in safety. See INA
section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).
• It is not contrary to the national
interest of the United States to permit
Haitians (or aliens having no nationality
who last habitually resided in Haiti)
who meet the eligibility requirements of
TPS to remain in the United States
temporarily. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
• The designation of Haiti for TPS
should be extended for a 6-month
period from July 23, 2017, through
January 22, 2018. See INA section
244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
• It is in the best interest of TPS
beneficiaries to prepare for their return
to Haiti in the event that Haiti’s TPS
designation is not extended again,
including requesting updated travel
documents from the Government of
Haiti.
Notice of Extension of the TPS
Designation of Haiti
By the authority vested in me as
Secretary under INA section 244, 8
PO 00000
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U.S.C. 1254a, I have determined, after
consultation with the appropriate U.S.
Government agencies, that the
conditions that prompted the
redesignation of Haiti for TPS on July
23, 2011, continue to be met. See INA
section 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). On the basis of this
determination, I am extending the
existing designation of Haiti for TPS for
6 months, from July 23, 2017, through
January 22, 2018. See INA section
244(b)(1)(C) and (b)(2), 8 U.S.C.
1254a(b)(1)(C) and (b)(2).
John F. Kelly,
Secretary.
Required Application Forms and
Application Fees To Register or ReRegister for TPS
To register or re-register for TPS based
on the designation of Haiti, an applicant
must submit each of the following two
applications:
1. Application for Temporary
Protected Status (Form I–821).
• If you are filing an application for
late initial registration, you must pay
the fee for the Application for
Temporary Protected Status (Form I–
821). See 8 CFR 244.2(f)(2) and 244.6
and information on late initial filing on
the USCIS TPS Web page at https://
www.uscis.gov/tps.
• If you are filing an application for
re-registration, you do not need to pay
the fee for the Application for
Temporary Protected Status (Form I–
821). See 8 CFR 244.17.
2. Application for Employment
Authorization (Form I–765).
• If you are applying for late initial
registration and want an EAD, you must
pay the fee (or request a fee waiver) for
the Application for Employment
Authorization (Form I–765) only if you
are age 14 through 65. No fee for the
Application for Employment
Authorization (Form I–765) is required
if you are under the age of 14 or are age
66 or older and applying for late initial
registration.
• If you are applying for reregistration, you must pay the fee (or
request a fee waiver) for the Application
for Employment Authorization (Form I–
765) only if you want an EAD,
regardless of age.
• You do not pay the fee for the
Application for Employment
Authorization (Form I–765) if you are
not requesting an EAD, regardless of
whether you are applying for late initial
registration or re-registration.
• If you do not want to request an
EAD now, you may also file Form I–765
later to request an EAD, and pay the fee
(or request a fee waiver), provided that
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you still have TPS or a pending TPS
application. Your EAD application will
be considered timely filed even if the
date on your current TPS-related EAD
has expired. But until you timely reregister and properly file an EAD
application, your current employment
authorization will end on July 22, 2017.
Accordingly, you must also properly file
your EAD application during the 60-day
re-registration period in order for your
current employment authorization to be
automatically extended for 180 days
(i.e., Janaury 18, 2018). You are strongly
encouraged to file your EAD application
as early as possible during the 60-day
re-registration period to avoid lapses in
your employment authorization.
You must submit both completed
application forms together, even if you
are not currently requesting an EAD. If
you are unable to pay for the
Application for Employment
Authorization (Form I–765) and/or
biometric services fee, you may apply
for a fee waiver by completing a Request
for Fee Waiver (Form I–912) or
submitting a personal letter requesting a
fee waiver, and by providing satisfactory
supporting documentation. For more
information on the application forms
and fees for TPS, please visit the USCIS
TPS Web page at https://www.uscis.gov/
tps. Fees for the Application for
Temporary Protected Status (Form I–
821), the Application for Employment
Authorization (Form I–765), and
biometric services are also described in
8 CFR 103.7(b)(1)(i).
Biometric Services Fee
Biometrics (such as fingerprints) are
required for all applicants 14 years of
age or older. Those applicants must
submit a biometric services fee. As
previously stated, if you are unable to
pay for the biometric services fee, you
may apply for a fee waiver by
completing a Request for Fee Waiver
(Form I–912) or by submitting a
personal letter requesting a fee waiver,
and providing satisfactory supporting
documentation. For more information
on the biometric services fee, please see
the Instructions to Form I–821 or visit
the USCIS Web site at https://
www.uscis.gov. If necessary, you may be
required to visit an Application Support
Center (ASC) to have your biometrics
captured. In such case, USCIS will send
you an ASC scheduling notice.
Re-Filing a Re-Registration TPS
Application After Receiving a Denial of
a Fee Waiver Request
USCIS urges all re-registering
applicants to file as soon as possible
within the 60-day re-registration period
so that USCIS can process the
applications and issue EADs promptly.
Filing early will also allow those
applicants who may receive denials of
their fee waiver requests to have time to
re-file their applications before the re-
23833
registration deadline. If, however, an
applicant receives a denial of his or her
fee waiver request and is unable to refile by the re-registration deadline, the
applicant may still re-file his or her
application. This situation will be
reviewed to determine whether the
applicant has established good cause for
late re-registration. However, applicants
are urged to re-file within 45 days of the
date on their USCIS fee waiver denial
notice, if at all possible. See INA section
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8
CFR 244.17(c). For more information on
good cause for late re-registration, visit
the USCIS TPS Web page at https://
www.uscis.gov/tps.
Note: As previously stated, although a reregistering TPS beneficiary age 14 or older
must pay the biometric services fee (but not
the initial TPS application fee) when filing a
TPS re-registration application, the applicant
may decide to wait to request an EAD, and
therefore not pay the Application for
Employment Authorization (Form I–765) fee
until after USCIS has approved the
individual’s TPS re-registration, if he or she
is eligible. If you choose to do this, you
would file the Application for Temporary
Protected Status (Form I–821) with the fee
and the Application for Employment
Authorization (Form I–765) without the fee
and without requesting an EAD.
Mailing Information
Mail your application for TPS to the
proper address in Table 1.
TABLE 1—MAILING ADDRESSES
If . . .
Mail to . . .
You live in Florida ...........................
For U.S. Postal Service:
U.S. Citizenship and Immigration Services, P.O. Box 4464, Chicago, IL 60680.
For FedEx, UPS, and DHL deliveries:
U.S. Citizenship and Immigration Services, Attn: Haiti TPS, 131 S. Dearborn—3rd Floor, Chicago, IL
60603.
For U.S. Postal Service:
U.S. Citizenship and Immigration Services, P.O. Box 660167, Dallas, TX 75266.
For FedEx, UPS, and DHL deliveries:
U.S. Citizenship and Immigration Services, Attn: Haiti TPS, 2501 S. State Highway, 121 Business
Suite 400, Lewisville, TX 75067.
For U.S. Postal Service:
U.S. Citizenship and Immigration Services, P.O. Box 24047, Phoenix, AZ 85074.
For FedEx, UPS, and DHL deliveries:
U.S. Citizenship and Immigration Services, Attn: Haiti TPS, 1820 E. Skyharbor Circle S, Suite 100,
Phoenix, AZ 85034.
You live in the State of New York ..
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You live in any other state ..............
If you were granted TPS by an
Immigration Judge (IJ) or the Board of
Immigration Appeals (BIA) and you
wish to request an EAD or are reregistering for the first time following a
grant of TPS by an IJ or the BIA, please
mail your application to the appropriate
address in Table 1. When submitting a
re-registration application and/or
requesting an EAD based on an IJ/BIA
grant of TPS, please include a copy of
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the IJ or BIA order granting you TPS
with your application. This will aid in
the verification of your grant of TPS and
processing of your application, as
USCIS may not have received records of
your grant of TPS by either the IJ or the
BIA.
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Supporting Documents
What type of basic supporting
documentation must I submit?
To meet the basic eligibility
requirements for TPS, you must submit
evidence that you:
• Are a national of Haiti or an alien
having no nationality who last
habitually resided in Haiti. Such
documents may include a copy of your
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Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices
passport if available, other
documentation issued by the
Government of Haiti showing your
nationality (e.g., national identity card,
official travel documentation issued by
the Government of Haiti), and/or your
birth certificate with English translation
accompanied by photo identification.
USCIS will also consider certain forms
of secondary evidence supporting your
Haitian nationality. If the evidence
presented is insufficient for USCIS to
make a determination as to your
nationality, USCIS may request
additional evidence. If you cannot
provide a passport, birth certificate with
photo identification, or a national
identity document with your photo or
fingerprint, you must submit an
affidavit showing proof of your
unsuccessful efforts to obtain such
documents and affirming that you are a
national of Haiti. However, please be
aware that an interview with an
immigration officer will be required if
you do not present any documentary
proof of identity or nationality or if
USCIS otherwise requests a personal
appearance. See 8 CFR 103.2(b)(9),
244.9(a)(1);
• Have continuously resided in the
United States since January 12, 2011.
See INA section 244(c)(1)(A)(ii); 8
U.S.C. 1254a(c)(1)(A)(ii); 8 CFR
244.9(a)(2); and
• Have been continuously physically
present in the United States since June
23, 2011. See INA sections 244(b)(2)(A),
(c)(1)(A)(i); 8 U.S.C. 1254a(b)(2)(A),
(c)(1)(A)(i).
The filing instructions on the
Application for Temporary Protected
Status (Form I–821) list all the
documents needed to establish basic
eligibility for TPS. You may also find
information on the acceptable
documentation and other requirements
for applying for TPS on the USCIS Web
site at www.uscis.gov/tps under ‘‘Haiti.’’
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Do I need to submit additional
supporting documentation?
If one or more of the questions listed
in Part 4, Question 2 of the Application
for Temporary Protected Status (Form I–
821) applies to you, then you must
submit an explanation on a separate
sheet(s) of paper and/or additional
documentation. Depending on the
nature of the question(s) you are
addressing, additional documentation
alone may suffice, but usually a written
explanation will also be needed.
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19:43 May 23, 2017
Jkt 241001
EAD
How can I obtain information on the
status of my EAD request?
To get case status information about
your TPS application, including the
status of a request for an EAD, you can
check Case Status Online at https://
www.uscis.gov, or call the USCIS
National Customer Service Center at
800–375–5283 (TTY 800–767–1833). If
your Application for Employment
Authorization (Form I–765) has been
pending for more than 90 days and you
still need assistance, you may request an
EAD inquiry appointment with USCIS
by using the InfoPass system at https://
infopass.uscis.gov. However, we
strongly encourage you first to check
Case Status Online or call the USCIS
National Customer Service Center for
assistance before making an InfoPass
appointment.
Am I eligible to receive an automatic
extension of my current EAD through
January 18, 2018?
Provided that you currently have a
Haiti TPS-based EAD, you may be
eligible to have your employment
authorization automatically extended to
January 18, 2018 if you:
• Are a national of Haiti (or an alien
having no nationality who last
habitually resided in Haiti);
• Received an EAD under the
designation of Haiti for TPS;
• Have an EAD with a marked
expiration date of July 22, 2017, bearing
the notation ‘‘A–12’’ or ‘‘C–19’’ on the
face of the card under ‘‘Category’’;
• Timely re-registered for TPS during
the 60-day re-registration period; and
• Properly filed an application for an
EAD during the 60-day re-registration
period.
Although you may be eligible to
automatically extend your employment
authorization through January 18, 2018,
you must timely re-register for TPS in
accordance with the procedures
described in this Notice if you would
like to maintain your TPS. You are
strongly encouraged to file your EAD
renewal application as early as possible
during the 60-day re-registration period
to avoid lapses in your employment
authorization.
When hired, what documentation may I
show to my employer as proof of
employment authorization and identity
when completing Employment
Eligibility Verification (Form I–9)?
You can find a list of acceptable
document choices on the ‘‘Lists of
Acceptable Documents’’ for Form I–9.
You can find additional detailed
information about Form I–9 on the
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Sfmt 4703
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 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 (which reflect both identity and
employment authorization), or one
document from List B (which reflects
your identity) together with one
document from List C (which reflects
employment authorization), or you may
present an acceptable receipt for List A,
List B, or List C documents as described
in the 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
July 22, 2017, and states ‘‘A–12’’ or ‘‘C–
19’’ under ‘‘Category,’’ and you timely
filed an EAD renewal application during
the 60-day re-registration period, you
may choose to present your EAD to your
employer together with the Form I–797C
Notice of Action (showing the
qualifying eligibility category of either
A12 or C19) as proof of identity and
employment authorization for Form I–9
through January 18, 2018 (see the
subsection titled ‘‘How do my employer
and I complete the Employment
Eligibility Verification (Form I–9) on the
basis of automatically extended
employment authorization 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 your employment
authorization has been automatically
extended through January 18, 2018. As
an alternative to presenting evidence of
your automatically extended
employment authorization, 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 to complete Employment
Verification (Form I–9) if I am already
employed but my current TPS-related
EAD is set to expire?
Even though you may be eligible to
have your employment authorization
automatically extended, your employer
will need to ask you about your
continued employment authorization
once July 22, 2017, is reached to meet
its responsibilities for Form I–9. Your
employer will need a new document to
re-verify your employment
authorization. Once presented, you and
your employer must make corrections to
the employment authorization
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expiration dates in Section 1 and
Section 2 of 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 employment
authorization 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 Form
I–9.
If you file your Form I–765 to renew
your current EAD, and you receive a
USCIS receipt notice (Form I–797C)
stating that your current ‘‘A–12’’ or ‘‘C–
19’’ coded EAD is automatically
extended for 180 days, you may show
that receipt notice to your employer
along with your EAD to confirm
automatic extension of employment
authorization through January 18, 2018,
unless your TPS has been finally
withdrawn or your request for TPS has
been finally denied. To avoid delays in
receiving the Form I–797C and a lapse
in your employment authorization, you
should file your EAD renewal
application as early as possible during
the re-registration period.
By January 18, 2018, the expiration
date of the automatic extension, your
employer must re-verify your
employment authorization. At that time,
you must present any document from
List A or any document from List C on
Form I–9 to re-verify employment
authorization, or an acceptable List A or
List C receipt described in the Form I–
9 Instructions. Your employer should
complete either Section 3 of the Form I–
9 originally completed for you or, if this
section has already been completed or if
the version of Form I–9 has expired
(check the date in the bottom left-hand
corner of the form), complete Section 3
of a new Form I–9 using the most
current version. Note that your
employer may not specify which List A
or List C document employees must
present and cannot reject an acceptable
receipt.
Can my employer require that I provide
any other documentation to prove my
status, such as proof of my Haitian
citizenship?
No. When completing Form I–9,
including re-verifying employment
authorization, employers must accept
any documentation that appears on the
‘‘Lists of Acceptable Documents’’ for
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
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19:43 May 23, 2017
Jkt 241001
proof of Haitian citizenship or proof of
re-registration for TPS when completing
Form I–9 for new hires or re-verifying
the employment authorization of
current employees. If the expired EAD
with category A12 or C19 is presented
with the Form I–797C Notice of Action
as described herein, an employer should
accept this document combination as a
valid List A document so long as the
EAD reasonably appears 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.
How do my employer and I complete
Employment Eligibility Verification
(Form I–9) on the basis of automatically
extended employment authorization for
a new job?
To evidence the automatic extension
of your employment authorization, you
may present your expired EAD with
category A12 or C19 in combination
with the Form I–797C Notice of Action
showing that the EAD renewal
application was timely filed and that the
qualifying eligibility category is either
A12 or C19. This document
combination is considered an unexpired
Employment Authorization Document
(Form I–766) under List A. When
completing Form I–9 for a new job
before January 18, 2018, you and your
employer should do the following:
1. For Section 1, you should:
a. Check ‘‘An alien authorized to work
until’’ and enter the date that is 180
days from the date your current EAD
expires (January 18, 2018) as the
‘‘employment authorized until mm/dd/
yyyy’’ date; and
b. Enter your Alien Number/USCIS
number or A-Number where indicated
(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).
2. When completing Section 2,
employers should:
a. Determine if the EAD is autoextended for 180 days by ensuring:
• It is in category A12 or C19;
• the ‘‘received date’’ on Form I–797
is on or before the end of the 60-day reregistration period stated in this Notice;
and
• the category code on the EAD is the
same category code on Form I–797C,
noting that employers should consider
category codes A12 and C19 to be the
same category code;
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23835
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Insert the date that is 180 days from
the date the current EAD expires
(January 18, 2018).
By January 18, 2018, employers must
re-verify the employee’s employment
authorization in Section 3 of the Form
I–9.
What corrections should my current
employer and I make to Employment
Eligibility Verification (Form I–9) if my
employment authorization has been
automatically extended?
If you are an existing employee who
presented a TPS-related EAD that was
valid when you first started your job
and your employment authorization has
now been automatically extended when
you timely filed a new application for
employment authorization during the
60-day re-registration period, you may
present your expired EAD with category
A12 or C19 in combination with the
Form I–797C Notice of Action. The
Form I–797C should show that the EAD
renewal application was timely filed
and that the qualifying eligibility
category is either A12 or C19. Your
employer may need to re-inspect your
current EAD if your employer does not
have a copy of the EAD on file. You and
your employer should correct your
previously completed Form I–9 as
follows:
1. For Section 1, you should:
a. Draw a line through the expiration
date in Section 1;
b. Write the date that is 180 days from
the date your current EAD expires
(January 18, 2018) above the previous
date (July 22, 2017); and
c. Initial and date the correction in the
margin of Section 1.
2. For Section 2, employers should:
a. Determine if the EAD is autoextended for 180 days by ensuring:
• It is in category A12 or C19;
• the ‘‘received date’’ on Form I–797
is on or before the end of the 60-day reregistration period stated in this Notice;
and
• the category code on the EAD is the
same category code on Form I–797C,
noting that employers should consider
category codes A12 and C19 to be the
same category code;
b. Draw a line through the expiration
date written in Section 2;
c. Write the date that is 180 days from
the date the employee’s current EAD
expires (January 18, 2018) above the
previous date (July 22, 2017); and
d. Initial and date the correction in
the margin of Section 2.
Note: This is not considered a
reverification; do not complete Section 3
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until either the 180-day extension has ended
or the employee presents a new document to
show continued employment authorization,
whichever is sooner. By January 18, 2018,
when the employee’s automatically extended
employment authorization ends, employers
must re-verify the employee’s employment
authorization in Section 3.
If I am an employer enrolled in E-Verify,
what do I do when I receive a ‘‘Work
Authorization Documents Expiration’’
alert for an automatically extended
EAD?
E-Verify automated the verification
process for employees whose TPSrelated EAD was automatically extended
in a Federal Register Notice. If you have
an employee who is a TPS beneficiary
who provided a TPS-related EAD when
he or she first started working for you,
you will receive a ‘‘Work Authorization
Documents Expiring’’ case alert when
the auto-extension period for this EAD
is about to expire. After completing the
Form I–9 in accordance with the
instructions above, the employer may
create a case in E-Verify for a new
employee using the information
provided on Form I–9 and Form I–797C.
The receipt number entered as the
document number on Form I–9 should
be entered into the document number
field in E-Verify. By January 18, 2018,
employment authorization must be reverified 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 (Form I–9 and E-Verify),
employers may also call the U.S.
Department of Justice’s Civil Rights
Division, Immigrant and Employee
Rights Section (IER), formerly the Office
of Special Counsel for ImmigrationRelated Unfair Employment Practices,
Employer Hotline at 800–255–8155
(TTY 800–237–2515), which offers
language interpretation in numerous
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19:43 May 23, 2017
Jkt 241001
languages, or email IER at IER@
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 IER Worker
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 EVerify. The IER Worker Hotline
provides language interpretation in
numerous languages.
To comply with the law, employers
must accept any document or
combination of documents from the
Lists of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt as 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). For more
information about E-Verify related
discrimination or to report an employer
for discrimination in the E-Verify
process based on citizenship or
immigration status, or based on national
origin, contact IER’s Worker Hotline at
800–255–7688 (TTY 800–237–2515).
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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)
While Federal Government agencies
must follow the guidelines laid out by
the Federal Government, state and local
government agencies establish their own
rules and guidelines when granting
certain benefits. Each state may have
different laws, requirements, and
determinations about what documents
you need to provide to prove eligibility
for certain benefits. Whether you are
applying for a Federal, state, or local
government benefit, you may need to
provide the government agency with
documents that show you are a TPS
beneficiary and/or show you are
authorized to work based on TPS.
Examples of such documents are:
(1) Your current EAD;
(2) A copy of this Federal Register
Notice;
(3) A copy of your receipt notice
(Form I–797C) for your application to
renew your current EAD providing an
automatic extension of your current
expired or expiring EAD;
(4) A copy of your Application for
Temporary Protected Status Notice of
Action (Form I–797) for this reregistration; and
(5) A copy of your past or current
Application for Temporary Protected
Status Notice of Action (Form I–797), if
you received one from USCIS.
Check with the government agency
regarding which document(s) the agency
will accept.
Some benefit-granting agencies use
the USCIS Systematic Alien Verification
for Entitlements (SAVE) program to
confirm the current immigration status
of applicants for public benefits. In most
cases, SAVE provides an automated
electronic response to benefit-granting
agencies within seconds, but,
occasionally, verification can be
delayed. You can check the status of
your SAVE verification by using
CaseCheck at the following link: https://
save.uscis.gov/casecheck/, then by
clicking the ‘‘Check Your Case’’ button.
CaseCheck is a free service that lets you
follow the progress of your SAVE
verification using your date of birth and
one immigration identifier number. If 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
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accordance with the agency’s
procedures. If the agency has received
and acted upon or will act upon a SAVE
verification and you do not believe the
response is correct, you may make an
InfoPass appointment for an in-person
interview at a local USCIS office.
Detailed information on how to make
corrections, make an appointment, or
submit a written request to correct
records under the Freedom of
Information Act can be found on the
SAVE Web site at https://www.uscis.gov/
save, then by choosing ‘‘For Benefits
Applicants’’ from the menu on the left,
selecting ‘‘Save Resources,’’ followed by
‘‘SAVE Fact Sheet for Benefit
Applicants.’’
[FR Doc. 2017–10749 Filed 5–23–17; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6011–N–01]
Annual Indexing of Basic Statutory
Mortgage; Limits for Multifamily
Housing Programs
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
In accordance with Section
206A of the National Housing Act, HUD
has adjusted the Basic Statutory
Mortgage Limits for Multifamily
Housing Programs for Calendar Year
2016.
DATES: Effective January 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Daniel J. Sullivan, Acting Director,
Office of Multifamily Development,
Department of Housing and Urban
Development, 451 Seventh Street SW.,
Washington, DC 20410–8000, telephone
(202) 402–6130 (this is not a toll-free
number). Hearing or speech-impaired
individuals may access this number
through TTY by calling the toll-free
Federal Information Relay Service at
(800) 877–8339.
SUPPLEMENTARY INFORMATION: The FHA
Down Payment Simplification Act of
2002 (Pub. L. 107–326, approved
December 4, 2002) amended the
National Housing Act by adding a new
Section 206A (12 U.S.C. 1712a). Under
Section 206A, the following are affected:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
I. Section 207(c)(3)(A) (12 U.S.C.
1713(c)(3)(A));
II. Section 213(b)(2)(A) (12 U.S.C. 1715e
(b)(2)(A));
III. Section 220(d)(3)(B)(iii)(I) (12 U.S.C.
1715k (d)(3)(B)(iii)(I));
IV. Section 221(d)(4)(ii)(I) (12 U.S.C.
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19:43 May 23, 2017
Jkt 241001
17151(d)(4)(ii)(I));
V. Section 231(c)(2)(A) (12 U.S.C.
1715v(c)(2)(A)); and
VI. Section 234(e)(3)(A) (12 U.S.C.
1715y(e)(3)(A)).
Bedrooms
The Dollar Amounts in these sections
are the base per unit statutory limits for
FHA’s multifamily mortgage programs
collectively referred to as the ‘Dollar
Amounts,’ they are adjusted annually
(commencing in 2004) on the effective
date of the Consumer Financial
Protection Bureau’s adjustment of the
$400 figure in the Home Ownership and
Equity Protection Act of 1994 (HOEPA)
(Pub. L. 103–325, approved September
23, 1994). The adjustment of the Dollar
Amounts shall be calculated using the
percentage change in the Consumer
Price Index for All Urban Consumers
(CPI–U) as applied by the Bureau of
Consumer Financial Protection for
purposes of the above-described HOEPA
adjustment.
HUD has been notified of the
percentage change in the CPI–U used for
the HOEPA adjustment and the effective
date of the HOEPA adjustment. The
percentage change in the CPI–U is 0.7%
and the effective date of the HOEPA
adjustment is January 1, 2016. The
Dollar Amounts have been adjusted
correspondingly and have an effective
date of January 1, 2016.
The adjusted Dollar Amounts for
Calendar Year 2016 are shown below:
Basic Statutory Mortgage Limits for
Calendar Year 2016
Multifamily Loan Programs
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
64,410
77,680
99,433
110,772
Elevator
67,391
81,947
106,013
116,369
Section 221(d)(4)—Moderate Income
Housing
Bedrooms
0 ................
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$50,273
57,068
68,981
86,582
97,836
Elevator
$54,305
62,255
75,702
97,932
107,501
Section 231—Housing for the Elderly
Bedrooms
0 ................
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$47,797
53,433
63,808
76,789
90,278
Elevator
$54,305
62,255
75,702
97,932
107,501
Section 207—Manufactured Home Parks
Per Space—$23,191
Dated: May 17, 2017.
Genger Charles,
General Deputy, Assistant Secretary for
Housing.
[FR Doc. 2017–10558 Filed 5–23–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF JUSTICE
Section 207—Multifamily Housing
Bureau of Alcohol, Tobacco, Firearms
and Explosives
Section 207 Pursuant to Section 223(f)—
Purchase or Refinance Housing
[OMB Number 1140–0013]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Application
for Tax-Exempt Transfer of Firearm
Elevator
and Registration to Special
$58,921 Occupational Taxpayer, ATF Form 3
65,286 (5320.3)
Section 220—Housing in Urban
Renewal Areas
Bedrooms
0 ................
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$50,515
55,958
66,841
82,386
93,270
80,053
100,263
113,369
Section 213—Cooperatives
Bedrooms
0 ................
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$54,745
63,122
76,127
97,443
108,558
Elevator
$58,291
66,042
80,307
103,892
114,044
Section 234—Condominium Housing
Bedrooms
0 ................
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Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 30-Day notice.
AGENCY:
SUMMARY: The Department of Justice
(DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
The proposed information collection
was previously published in the Federal
Register on March 14, 2017, allowing
for a 60-day comment period.
E:\FR\FM\24MYN1.SGM
24MYN1
Agencies
[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23830-23837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10749]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2596-16; DHS Docket No. USCIS-2014-0001]
RIN 1615-ZB63
Extension of the Designation of Haiti for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Haiti for Temporary Protected Status (TPS)
for 6 months, from July 23, 2017, through January 22, 2018. The
Secretary has determined that a limited, 6-month extension is warranted
because, although Haiti has made significant progress in recovering
from the January 2010 earthquake that prompted its initial designation,
conditions in Haiti supporting its designation for TPS continue to be
met at this time. The Secretary is committed to making TPS
determinations that fully comply with the Immigration and Nationality
Act and the intent of the program to provide a temporary form of
immigration relief and protection to eligible individuals who cannot
return to their home country due to ongoing armed conflict,
environmental disasters, or other extraordinary and temporary
conditions. This Notice also sets forth procedures necessary for
nationals of Haiti (or aliens having no nationality who last habitually
resided in Haiti) to re-register for TPS and to apply for renewal of
their Employment Authorization Documents (EAD) with U.S. Citizenship
and Immigration Services (USCIS). USCIS will issue EADs with a January
22, 2018 expiration date to eligible Haiti TPS beneficiaries who timely
re-register and apply for EADs under this extension. Provided a Haiti
TPS beneficiary timely re-registers and properly files an application
for an EAD during the 60-day re-registration period, his or her
employment authorization will be automatically extended for an
additional period not to exceed 180 days from the date the current EAD
expires, i.e., January 18, 2018. See 8 CFR 274a.13(d)(1). TPS
beneficiaries are reminded that, prior to January 22, 2018, the
Secretary will re-evaluate the designation for Haiti and decide anew
whether extension, redesignation, or termination is warranted. During
this period, beneficiaries are encouraged to prepare for their return
to Haiti in the event Haiti's designation is not extended again,
including requesting updated travel documents from the Government of
Haiti.
DATES: Extension of Designation of Haiti for TPS: The 6-month extension
of the TPS designation of Haiti is effective July 23, 2017, and will
remain in effect through January 22, 2018. The 60-day re-registration
period runs from May 24, 2017 through July 24, 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 Haiti's TPS extension by selecting ``Haiti''
from the menu on the left side of the TPS Web page.
You can also contact Guillermo Roman-Riefkohl, TPS
Operations 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 TPS Notice. It is not for individual case status
inquiries.
Applicants seeking information about the status of their
individual cases can check Case Status Online, available at the USCIS
Web site at https://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available
in English and Spanish.
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section
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
The extension allows TPS beneficiaries to maintain TPS through
January 22, 2018, so long as they continue to meet the eligibility
requirements for TPS. The Secretary has determined that an extension is
warranted because the conditions in Haiti that prompted the TPS
designation, while significantly improved, continue to be met. There
continue to be extraordinary and temporary conditions in Haiti that
prevent Haitian nationals (or aliens having no nationality who last
habitually resided in Haiti) from returning to Haiti in safety. The
Secretary also has determined that permitting such Haitian nationals to
continue to remain in the United States, at this time, is not contrary
to the national interest of the United States.
TPS beneficiaries are reminded that, prior to the conclusion of
this six-month
[[Page 23831]]
extension period, the Secretary will re-evaluate Haiti's TPS
designation and decide anew whether extension, redesignation, or
termination is warranted. Because the designation of TPS was intended
by Congress to be temporary in nature, and because the Government of
Haiti has expressed a desire for its nationals to return to Haiti, the
Secretary will fully re-evaluate the country conditions and any other
factors he deems necessary to determine whether Haiti's TPS designation
should continue. Among those factors, the Secretary will consider
whether permitting Haitian nationals to remain in the United States is
contrary to the national interest of the United States.
Thus, during this limited six-month period, beneficiaries are
encouraged to prepare for their return to Haiti, including requesting
updated travel documents from the Government of Haiti. The Secretary is
committed to working with the Government of Haiti to ensure an orderly
transition should Haiti's TPS designation be terminated at the
conclusion of this limited six-month extension.
Re-registration is limited to persons who have previously
registered for TPS under the designation of Haiti and whose
applications have been granted. Certain nationals of Haiti (or aliens
having no nationality who last habitually resided in Haiti) who have
not previously applied for TPS may be eligible to apply under the late
initial registration provisions if they meet (1) at least one of the
late initial filing criteria in 8 CFR 244.2(f)(2), which are also
described on the TPS Web page at https://www.uscis.gov/humanitarian/temporary-protected-status, and (2) all TPS eligibility criteria
(including continuous residence in the United States since January 12,
2011, and continuous physical presence in the United States since July
23, 2011).
For individuals who have already been granted TPS under Haiti's
designation, the 60-day re-registration period runs from May 24, 2017
through July 24, 2017. USCIS will issue EADs with a January 22, 2018
expiration date to eligible Haiti TPS beneficiaries who timely re-
register and apply for EADs under this extension. Given the timeframes
involved with processing TPS re-registration applications, DHS
recognizes that not all re-registrants will receive new EADs before
their current EADs expire on July 22, 2017. But provided a Haiti TPS
beneficiary timely re-registers and properly files an application for
an EAD during the 60-day re-registration period, his or her employment
authorization will be automatically extended for an additional period
not to exceed 180 days from the date the current EAD expires, i.e.,
January 18, 2018. This notice explains how TPS beneficiaries and their
employers may determine whether a beneficiary's employment
authorization has been automatically extended and the impact on the
Employment Eligibility Verification (Form I-9) and E-Verify processes.
There are approximately 46,000 current Haiti TPS beneficiaries who are
expected to file for re-registration under the extension.
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA), or to eligible persons without nationality who
last habitually resided in the designated country.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to work and obtain EADs so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not result in or lead to lawful
permanent resident status.
When the Secretary terminates a country's TPS designation,
beneficiaries return to the same immigration status they maintained
before TPS, if any (unless that status has since expired or been
terminated), or to any other lawfully obtained immigration status they
received while registered for TPS.
When was Haiti designated for TPS?
On January 21, 2010, the Secretary designated Haiti for TPS based
on extraordinary and temporary conditions within the country,
specifically the effects of the 7.0-magnitude earthquake that occurred
on January 12, 2010. See Designation of Haiti for Temporary Protected
Status, 75 FR 3476 (Jan. 21, 2010). In 2011, the Secretary both
extended Haiti's designation and redesignated Haiti for TPS for 18
months through January 22, 2013. See Extension and Redesignation of
Haiti for Temporary Protected Status, 76 FR 29000 (May 19, 2011). This
announcement is the fourth extension of TPS for Haiti since the 2011
redesignation. The Secretary last extended Haiti's designation on
August 25, 2015. See Extension of the Designation of Haiti for
Temporary Protected Status, 80 FR 51582 (Aug. 25, 2015).
What authority does the Secretary of Homeland Security have to extend
the designation of Haiti for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary finds that certain country conditions exist.\1\ The
Secretary may then grant TPS to eligible nationals of that foreign
state (or eligible aliens having no nationality who last habitually
resided in the designated country). See INA section 244(a)(1)(A), 8
U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------
\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002, Public Law 107-296,
116 Stat. 2135, any reference to the Attorney General in a provision
of the INA describing functions transferred from the Department of
Justice to DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
Act of 2002, title XV, section 1517).
---------------------------------------------------------------------------
At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If following this review the
Secretary determines that a foreign state continues to meet the
conditions for TPS designation (or makes no determination at all), the
designation must be extended for an additional period of 6 months or,
in the Secretary's discretion, for an additional 12 or 18 months. See
INA section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the
Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for Haiti through
January 22, 2018?
Since the last extension was announced, DHS has reviewed conditions
in Haiti. Based on this review and after consulting with DOS, the
Secretary has determined that a limited, 6-month extension is warranted
because, although Haiti has made significant progress in recovering
from the January 2010 earthquake that prompted its initial designation,
conditions in Haiti supporting its designation for TPS persist.
[[Page 23832]]
Although lingering effects of the 2010 earthquake remain, Haiti has
made significant progress in addressing issues specific to the
earthquake, as its economy continues to recover and grow. For example,
96% of people displaced by the earthquake and living in internally
displaced person (IDP) camps have left those camps. Over 98% of the IDP
camps have closed. However, over 55,000 Haitians who lost their homes
in the earthquake are still living in 31 camps for internally displaced
persons without viable options to leave. Gender-based violence in these
camps continues to be a serious concern, and personal security is a
serious and pervasive issue. Some people who were displaced by the
earthquake, although no longer in camps, have moved back to unsafe
homes or relocated to informal settlements located in hazardous areas.
However, demonstrating improvement in Haiti's security situation, in
March 2017, the United Nations announced that the mandate of the United
Nations peacekeeping mission in Haiti will end in October 2017, to be
replaced by a new police-only mission focused on rule of law.
Hurricane Matthew made landfall in Haiti on October 4, 2016,
causing extensive damage to crops, housing, livestock, and
infrastructure across Haiti's southwest peninsula. The Government of
Haiti confirmed 546 fatalities from the storm, and over 175,000 people
were left without housing. The most significant impact from the storm
was concentrated in 3 of Haiti's 10 departments--Nippes, Grand'Anse,
and Sud. Minimal damage was inflicted on the rest of the country,
including the capital, Port-au-Prince, and the second largest city,
Cap-Ha[iuml]tien. Still, significant losses of crops and livestock in
the regions damaged by Hurricane Matthew impacted the entire country.
Heavy rains in late April 2017 caused flooding and landslides in
South, South East, Grand'Anse, and Nippes departments, with South
department most impacted. At least four people were killed, nearly
10,000 homes may have been damaged, and at least 350,000 people may
have been affected. According to a Haitian government official, an
estimated 80% of the spring harvest in South department may have been
destroyed. The damage from Hurricane Matthew and the recent heavy rains
are compounding the existing food insecurity experienced by an
estimated 3.2 million people (approximately 30 percent of the
population) in September 2016.
Haiti's weak public health system is further strained due to an
ongoing cholera epidemic, whose inception was traced to U.N.
peacekeepers assisting with earthquake recovery. Since October 2010,
close to 800,000 Haitians have contracted cholera, and nearly 10,000
people have died from the disease. However, progress has been made in
combatting cholera, and Haiti has made some progress in the health
sector in recent years. Nevertheless, Haiti faces longstanding public
health challenges, where 40% of the population lacked access to basic
health services before the 2010 earthquake. As of 2016, this figure
remains the same--40% of the population lacks access to fundamental
health and nutrition services. While the lack of access to safe
drinking water and Haiti's weak sanitation infrastructure remain
significant concerns, these are not new problems. Extreme poverty,
corruption, and low levels of education in Haiti challenge its
resilience and have contributed to the government's longstanding
inability to adequately provide for the security, health, and safety of
its citizenry.
Based upon this review and after consultation with appropriate U.S.
Government agencies, the Secretary has determined that:
The conditions that prompted the July 23, 2011
redesignation of Haiti for TPS continue to be met. See INA section
244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
There continue to be extraordinary and temporary
conditions in Haiti that prevent Haitian nationals (or aliens having no
nationality who last habitually resided in Haiti) from returning to
Haiti in safety. See INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
It is not contrary to the national interest of the United
States to permit Haitians (or aliens having no nationality who last
habitually resided in Haiti) who meet the eligibility requirements of
TPS to remain in the United States temporarily. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The designation of Haiti for TPS should be extended for a
6-month period from July 23, 2017, through January 22, 2018. See INA
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
It is in the best interest of TPS beneficiaries to prepare
for their return to Haiti in the event that Haiti's TPS designation is
not extended again, including requesting updated travel documents from
the Government of Haiti.
Notice of Extension of the TPS Designation of Haiti
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, that the conditions that prompted
the redesignation of Haiti for TPS on July 23, 2011, continue to be
met. See INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the
basis of this determination, I am extending the existing designation of
Haiti for TPS for 6 months, from July 23, 2017, through January 22,
2018. See INA section 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C)
and (b)(2).
John F. Kelly,
Secretary.
Required Application Forms and Application Fees To Register or Re-
Register for TPS
To register or re-register for TPS based on the designation of
Haiti, an applicant must submit each of the following two applications:
1. Application for Temporary Protected Status (Form I-821).
If you are filing an application for late initial
registration, you must pay the fee for the Application for Temporary
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and
information on late initial filing on the USCIS TPS Web page at https://www.uscis.gov/tps.
If you are filing an application for re-registration, you
do not need to pay the fee for the Application for Temporary Protected
Status (Form I-821). See 8 CFR 244.17.
2. Application for Employment Authorization (Form I-765).
If you are applying for late initial registration and want
an EAD, you must pay the fee (or request a fee waiver) for the
Application for Employment Authorization (Form I-765) only if you are
age 14 through 65. No fee for the Application for Employment
Authorization (Form I-765) is required if you are under the age of 14
or are age 66 or older and applying for late initial registration.
If you are applying for re-registration, you must pay the
fee (or request a fee waiver) for the Application for Employment
Authorization (Form I-765) only if you want an EAD, regardless of age.
You do not pay the fee for the Application for Employment
Authorization (Form I-765) if you are not requesting an EAD, regardless
of whether you are applying for late initial registration or re-
registration.
If you do not want to request an EAD now, you may also
file Form I-765 later to request an EAD, and pay the fee (or request a
fee waiver), provided that
[[Page 23833]]
you still have TPS or a pending TPS application. Your EAD application
will be considered timely filed even if the date on your current TPS-
related EAD has expired. But until you timely re-register and properly
file an EAD application, your current employment authorization will end
on July 22, 2017. Accordingly, you must also properly file your EAD
application during the 60-day re-registration period in order for your
current employment authorization to be automatically extended for 180
days (i.e., Janaury 18, 2018). You are strongly encouraged to file your
EAD application as early as possible during the 60-day re-registration
period to avoid lapses in your employment authorization.
You must submit both completed application forms together, even if
you are not currently requesting an EAD. If you are unable to pay for
the Application for Employment Authorization (Form I-765) and/or
biometric services fee, you may apply for a fee waiver by completing a
Request for Fee Waiver (Form I-912) or submitting a personal letter
requesting a fee waiver, and by providing satisfactory supporting
documentation. For more information on the application forms and fees
for TPS, please visit the USCIS TPS Web page at https://www.uscis.gov/tps. Fees for the Application for Temporary Protected Status (Form I-
821), the Application for Employment Authorization (Form I-765), and
biometric services are also described in 8 CFR 103.7(b)(1)(i).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay for the
biometric services fee, you may apply for a fee waiver by completing a
Request for Fee Waiver (Form I-912) or by submitting a personal letter
requesting a fee waiver, and providing satisfactory supporting
documentation. For more information on the biometric services fee,
please see the Instructions to Form I-821 or visit the USCIS Web site
at https://www.uscis.gov. If necessary, you may be required to visit an
Application Support Center (ASC) to have your biometrics captured. In
such case, USCIS will send you an ASC scheduling notice.
Re-Filing a Re-Registration TPS Application After Receiving a Denial of
a Fee Waiver Request
USCIS urges all re-registering applicants to file as soon as
possible within the 60-day re-registration period so that USCIS can
process the applications and issue EADs promptly. Filing early will
also allow those applicants who may receive denials of their fee waiver
requests to have time to re-file their applications before the re-
registration deadline. If, however, an applicant receives a denial of
his or her fee waiver request and is unable to re-file by the re-
registration deadline, the applicant may still re-file his or her
application. This situation will be reviewed to determine whether the
applicant has established good cause for late re-registration. However,
applicants are urged to re-file within 45 days of the date on their
USCIS fee waiver denial notice, if at all possible. See INA section
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more
information on good cause for late re-registration, visit the USCIS TPS
Web page at https://www.uscis.gov/tps.
Note: As previously stated, although a re-registering TPS
beneficiary age 14 or older must pay the biometric services fee (but
not the initial TPS application fee) when filing a TPS re-
registration application, the applicant may decide to wait to
request an EAD, and therefore not pay the Application for Employment
Authorization (Form I-765) fee until after USCIS has approved the
individual's TPS re-registration, if he or she is eligible. If you
choose to do this, you would file the Application for Temporary
Protected Status (Form I-821) with the fee and the Application for
Employment Authorization (Form I-765) without the fee and without
requesting an EAD.
Mailing Information
Mail your application for TPS to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You live in Florida............... For U.S. Postal Service:
U.S. Citizenship and Immigration
Services, P.O. Box 4464,
Chicago, IL 60680.
For FedEx, UPS, and DHL deliveries:
U.S. Citizenship and Immigration
Services, Attn: Haiti TPS, 131
S. Dearborn--3rd Floor, Chicago,
IL 60603.
You live in the State of New York. For U.S. Postal Service:
U.S. Citizenship and Immigration
Services, P.O. Box 660167,
Dallas, TX 75266.
For FedEx, UPS, and DHL deliveries:
U.S. Citizenship and Immigration
Services, Attn: Haiti TPS, 2501
S. State Highway, 121 Business
Suite 400, Lewisville, TX 75067.
You live in any other state....... For U.S. Postal Service:
U.S. Citizenship and Immigration
Services, P.O. Box 24047,
Phoenix, AZ 85074.
For FedEx, UPS, and DHL deliveries:
U.S. Citizenship and Immigration
Services, Attn: Haiti TPS, 1820
E. Skyharbor Circle S, Suite
100, Phoenix, AZ 85034.
------------------------------------------------------------------------
If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the
BIA, please mail your application to the appropriate address in Table
1. When submitting a re-registration application and/or requesting an
EAD based on an IJ/BIA grant of TPS, please include a copy of the IJ or
BIA order granting you TPS with your application. This will aid in the
verification of your grant of TPS and processing of your application,
as USCIS may not have received records of your grant of TPS by either
the IJ or the BIA.
Supporting Documents
What type of basic supporting documentation must I submit?
To meet the basic eligibility requirements for TPS, you must submit
evidence that you:
Are a national of Haiti or an alien having no nationality
who last habitually resided in Haiti. Such documents may include a copy
of your
[[Page 23834]]
passport if available, other documentation issued by the Government of
Haiti showing your nationality (e.g., national identity card, official
travel documentation issued by the Government of Haiti), and/or your
birth certificate with English translation accompanied by photo
identification. USCIS will also consider certain forms of secondary
evidence supporting your Haitian nationality. If the evidence presented
is insufficient for USCIS to make a determination as to your
nationality, USCIS may request additional evidence. If you cannot
provide a passport, birth certificate with photo identification, or a
national identity document with your photo or fingerprint, you must
submit an affidavit showing proof of your unsuccessful efforts to
obtain such documents and affirming that you are a national of Haiti.
However, please be aware that an interview with an immigration officer
will be required if you do not present any documentary proof of
identity or nationality or if USCIS otherwise requests a personal
appearance. See 8 CFR 103.2(b)(9), 244.9(a)(1);
Have continuously resided in the United States since
January 12, 2011. See INA section 244(c)(1)(A)(ii); 8 U.S.C.
1254a(c)(1)(A)(ii); 8 CFR 244.9(a)(2); and
Have been continuously physically present in the United
States since June 23, 2011. See INA sections 244(b)(2)(A),
(c)(1)(A)(i); 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i).
The filing instructions on the Application for Temporary Protected
Status (Form I-821) list all the documents needed to establish basic
eligibility for TPS. You may also find information on the acceptable
documentation and other requirements for applying for TPS on the USCIS
Web site at www.uscis.gov/tps under ``Haiti.''
Do I need to submit additional supporting documentation?
If one or more of the questions listed in Part 4, Question 2 of the
Application for Temporary Protected Status (Form I-821) applies to you,
then you must submit an explanation on a separate sheet(s) of paper
and/or additional documentation. Depending on the nature of the
question(s) you are addressing, additional documentation alone may
suffice, but usually a written explanation will also be needed.
EAD
How can I obtain information on the status of my EAD request?
To get case status information about your TPS application,
including the status of a request for an EAD, you can check Case Status
Online at https://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833). If your Application
for Employment Authorization (Form I-765) has been pending for more
than 90 days and you still need assistance, you may request an EAD
inquiry appointment with USCIS by using the InfoPass system at https://infopass.uscis.gov. However, we strongly encourage you first to check
Case Status Online or call the USCIS National Customer Service Center
for assistance before making an InfoPass appointment.
Am I eligible to receive an automatic extension of my current EAD
through January 18, 2018?
Provided that you currently have a Haiti TPS-based EAD, you may be
eligible to have your employment authorization automatically extended
to January 18, 2018 if you:
Are a national of Haiti (or an alien having no nationality
who last habitually resided in Haiti);
Received an EAD under the designation of Haiti for TPS;
Have an EAD with a marked expiration date of July 22,
2017, bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category'';
Timely re-registered for TPS during the 60-day re-
registration period; and
Properly filed an application for an EAD during the 60-day
re-registration period.
Although you may be eligible to automatically extend your
employment authorization through January 18, 2018, you must timely re-
register for TPS in accordance with the procedures described in this
Notice if you would like to maintain your TPS. You are strongly
encouraged to file your EAD renewal application as early as possible
during the 60-day re-registration period to avoid lapses in your
employment authorization.
When hired, what documentation may I show to my employer as proof of
employment authorization and identity when completing Employment
Eligibility Verification (Form I-9)?
You can find a list of acceptable document choices on the ``Lists
of Acceptable Documents'' for Form I-9. You can find additional
detailed information about Form I-9 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
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 (which reflect both
identity and employment authorization), or one document from List B
(which reflects your identity) together with one document from List C
(which reflects employment authorization), or you may present an
acceptable receipt for List A, List B, or List C documents as described
in the 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 July 22, 2017, and states
``A-12'' or ``C-19'' under ``Category,'' and you timely filed an EAD
renewal application during the 60-day re-registration period, you may
choose to present your EAD to your employer together with the Form I-
797C Notice of Action (showing the qualifying eligibility category of
either A12 or C19) as proof of identity and employment authorization
for Form I-9 through January 18, 2018 (see the subsection titled ``How
do my employer and I complete the Employment Eligibility Verification
(Form I-9) on the basis of automatically extended employment
authorization 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 your employment authorization has been
automatically extended through January 18, 2018. As an alternative to
presenting evidence of your automatically extended employment
authorization, 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 to complete Employment
Verification (Form I-9) if I am already employed but my current TPS-
related EAD is set to expire?
Even though you may be eligible to have your employment
authorization automatically extended, your employer will need to ask
you about your continued employment authorization once July 22, 2017,
is reached to meet its responsibilities for Form I-9. Your employer
will need a new document to re-verify your employment authorization.
Once presented, you and your employer must make corrections to the
employment authorization
[[Page 23835]]
expiration dates in Section 1 and Section 2 of 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 employment
authorization 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 Form I-9.
If you file your Form I-765 to renew your current EAD, and you
receive a USCIS receipt notice (Form I-797C) stating that your current
``A-12'' or ``C-19'' coded EAD is automatically extended for 180 days,
you may show that receipt notice to your employer along with your EAD
to confirm automatic extension of employment authorization through
January 18, 2018, unless your TPS has been finally withdrawn or your
request for TPS has been finally denied. To avoid delays in receiving
the Form I-797C and a lapse in your employment authorization, you
should file your EAD renewal application as early as possible during
the re-registration period.
By January 18, 2018, the expiration date of the automatic
extension, your employer must re-verify your employment authorization.
At that time, you must present any document from List A or any document
from List C on Form I-9 to re-verify employment authorization, or an
acceptable List A or List C receipt described in the Form I-9
Instructions. Your employer should complete either Section 3 of the
Form I-9 originally completed for you or, if this section has already
been completed or if the version of Form I-9 has expired (check the
date in the bottom left-hand corner of the form), complete Section 3 of
a new Form I-9 using the most current version. Note that your employer
may not specify which List A or List C document employees must present
and cannot reject an acceptable receipt.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my Haitian citizenship?
No. When completing Form I-9, including re-verifying employment
authorization, employers must accept any documentation that appears on
the ``Lists of Acceptable Documents'' for 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 Haitian citizenship or proof of re-
registration for TPS when completing Form I-9 for new hires or re-
verifying the employment authorization of current employees. If the
expired EAD with category A12 or C19 is presented with the Form I-797C
Notice of Action as described herein, an employer should accept this
document combination as a valid List A document so long as the EAD
reasonably appears 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.
How do my employer and I complete Employment Eligibility Verification
(Form I-9) on the basis of automatically extended employment
authorization for a new job?
To evidence the automatic extension of your employment
authorization, you may present your expired EAD with category A12 or
C19 in combination with the Form I-797C Notice of Action showing that
the EAD renewal application was timely filed and that the qualifying
eligibility category is either A12 or C19. This document combination is
considered an unexpired Employment Authorization Document (Form I-766)
under List A. When completing Form I-9 for a new job before January 18,
2018, you and your employer should do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter the date
that is 180 days from the date your current EAD expires (January 18,
2018) as the ``employment authorized until mm/dd/yyyy'' date; and
b. Enter your Alien Number/USCIS number or A-Number where indicated
(your EAD or other document from DHS will have your USCIS Number or A-
Number printed on it; the USCIS number is the same as your A-Number
without the A prefix).
2. When completing Section 2, employers should:
a. Determine if the EAD is auto-extended for 180 days by ensuring:
It is in category A12 or C19;
the ``received date'' on Form I-797 is on or before the
end of the 60-day re-registration period stated in this Notice; and
the category code on the EAD is the same category code on
Form I-797C, noting that employers should consider category codes A12
and C19 to be the same category code;
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Insert the date that is 180 days from the date the current EAD
expires (January 18, 2018).
By January 18, 2018, employers must re-verify the employee's
employment authorization in Section 3 of the Form I-9.
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my employment authorization has
been automatically extended?
If you are an existing employee who presented a TPS-related EAD
that was valid when you first started your job and your employment
authorization has now been automatically extended when you timely filed
a new application for employment authorization during the 60-day re-
registration period, you may present your expired EAD with category A12
or C19 in combination with the Form I-797C Notice of Action. The Form
I-797C should show that the EAD renewal application was timely filed
and that the qualifying eligibility category is either A12 or C19. Your
employer may need to re-inspect your current EAD if your employer does
not have a copy of the EAD on file. You and your employer should
correct your previously completed Form I-9 as follows:
1. For Section 1, you should:
a. Draw a line through the expiration date in Section 1;
b. Write the date that is 180 days from the date your current EAD
expires (January 18, 2018) above the previous date (July 22, 2017); and
c. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended for 180 days by ensuring:
It is in category A12 or C19;
the ``received date'' on Form I-797 is on or before the
end of the 60-day re-registration period stated in this Notice; and
the category code on the EAD is the same category code on
Form I-797C, noting that employers should consider category codes A12
and C19 to be the same category code;
b. Draw a line through the expiration date written in Section 2;
c. Write the date that is 180 days from the date the employee's
current EAD expires (January 18, 2018) above the previous date (July
22, 2017); and
d. Initial and date the correction in the margin of Section 2.
Note: This is not considered a reverification; do not complete
Section 3
[[Page 23836]]
until either the 180-day extension has ended or the employee
presents a new document to show continued employment authorization,
whichever is sooner. By January 18, 2018, when the employee's
automatically extended employment authorization ends, employers must
re-verify the employee's employment authorization in Section 3.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiration'' alert for an automatically
extended EAD?
E-Verify automated the verification process for employees whose
TPS-related EAD was automatically extended in a Federal Register
Notice. If you have an employee who is a TPS beneficiary who provided a
TPS-related EAD when he or she first started working for you, you will
receive a ``Work Authorization Documents Expiring'' case alert when the
auto-extension period for this EAD is about to expire. After completing
the Form I-9 in accordance with the instructions above, the employer
may create a case in E-Verify for a new employee using the information
provided on Form I-9 and Form I-797C. The receipt number entered as the
document number on Form I-9 should be entered into the document number
field in E-Verify. By January 18, 2018, employment authorization must
be re-verified 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 (Form I-9 and E-Verify), employers may also call the U.S.
Department of Justice's Civil Rights Division, 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, or email IER at IER@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 IER
Worker 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 IER
Worker Hotline provides language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
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). For more
information about E-Verify related discrimination or to report an
employer for discrimination in the E-Verify process based on
citizenship or immigration status, or based on national origin, contact
IER's Worker 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 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)
While Federal Government agencies must follow the guidelines laid
out by the Federal Government, state and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, state, or local government benefit, you may need to provide
the government agency with documents that show you are a TPS
beneficiary and/or show you are authorized to work based on TPS.
Examples of such documents are:
(1) Your current EAD;
(2) A copy of this Federal Register Notice;
(3) A copy of your receipt notice (Form I-797C) for your
application to renew your current EAD providing an automatic extension
of your current expired or expiring EAD;
(4) A copy of your Application for Temporary Protected Status
Notice of Action (Form I-797) for this re-registration; and
(5) A copy of your past or current Application for Temporary
Protected Status Notice of Action (Form I-797), if you received one
from USCIS.
Check with the government agency regarding which document(s) the
agency will accept.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements (SAVE) program to confirm the current
immigration status of applicants for public benefits. In most cases,
SAVE provides an automated electronic response to benefit-granting
agencies within seconds, but, occasionally, verification can be
delayed. You can check the status of your SAVE verification by using
CaseCheck at the following link: https://save.uscis.gov/casecheck/,
then by clicking the ``Check Your Case'' button. CaseCheck is a free
service that lets you follow the progress of your SAVE verification
using your date of birth and one immigration identifier number. If 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
[[Page 23837]]
accordance with the agency's procedures. If the agency has received and
acted upon or will act upon a SAVE verification and you do not believe
the response is correct, you may make an InfoPass appointment for an
in-person interview at a local USCIS office. Detailed information on
how to make corrections, make an appointment, or submit a written
request to correct records under the Freedom of Information Act can be
found on the SAVE Web site at https://www.uscis.gov/save, then by
choosing ``For Benefits Applicants'' from the menu on the left,
selecting ``Save Resources,'' followed by ``SAVE Fact Sheet for Benefit
Applicants.''
[FR Doc. 2017-10749 Filed 5-23-17; 8:45 am]
BILLING CODE 9111-97-P