Extension of the Designation of Honduras for Temporary Protected Status, 59630-59636 [2017-27140]

Agencies

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

[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59630-59636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27140]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2612-17; DHS Docket No. USCIS-2014-0007]
RIN 1615-ZB68


Extension of the Designation of Honduras for Temporary Protected 
Status

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

ACTION: Notice.

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

SUMMARY: The designation of Honduras for Temporary Protected Status 
(TPS) is set to expire on January 5, 2018. At least 60 days before the 
expiration of a country's TPS designation or extension, the Secretary 
of Homeland Security (Secretary), after consultation with appropriate 
Government agencies, must review the conditions in a foreign state 
designated for TPS to determine whether the conditions for the TPS 
designation continue to be met. If the

[[Page 59631]]

Secretary does not make a determination that a foreign state no longer 
meets the conditions for designation for TPS at least 60 days before 
the current expiration of the country's TPS designation, the period of 
designation is automatically extended for 6 additional months (or, in 
the Secretary's discretion, 12 or 18 months). The Secretary did not 
make a determination on Honduras's designation by November 6, 2017, the 
statutory deadline. Accordingly, the TPS designation of Honduras is 
automatically extended for 6 months, from January 6, 2018 through July 
5, 2018.
    TPS beneficiaries are reminded that, prior to July 5, 2018, the 
Secretary will review the conditions in Honduras and decide whether 
extension, redesignation, or termination is warranted in accordance 
with the TPS statute. During this period, beneficiaries are encouraged 
to prepare for their return to Honduras in the event Honduras's 
designation is not extended again and if they have no other lawful 
basis for remaining in the United States, including requesting updated 
travel documents from the Government of Honduras.

DATES: The 6-month extension of Honduras's TPS designation is effective 
January 6, 2018, and will remain in effect through July 5, 2018. The 
60-day re-registration period runs from December 15, 2017 through 
February 13, 2018.

FOR FURTHER INFORMATION CONTACT: 
     You may contact Alexander King, Branch Chief, 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) 272-8377 (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.
     For further information on TPS, including guidance on the 
re-registration 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 this extension of Honduras's TPS by 
selecting ``Honduras'' from the menu on the left side of the TPS web 
page.
     Applicants seeking information about the status of their 
individual cases can check Case Status Online, available on the USCIS 
website 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
CFR--Code of Federal Regulations
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
FR--Federal Register
Government--U.S. Government
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
U.S.C.--United States Code

    The extension allows TPS beneficiaries to maintain TPS through July 
5, 2018, so long as they continue to meet the eligibility requirements 
for TPS. Through this Notice, DHS sets forth procedures necessary for 
eligible nationals of Honduras (or aliens having no nationality who 
last habitually resided in Honduras) to re-register for TPS and to 
apply for renewal of their EADs with USCIS.
    For individuals who have already been granted TPS under Honduras's 
designation, the 60-day re-registration period runs from December 15, 
2017 through February 13, 2018. USCIS will issue EADs with a July 5, 
2018 expiration date to eligible Honduran 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 January 5, 2018. Accordingly, through this 
Notice, DHS automatically extends the validity of EADs issued under the 
TPS designation of Honduras for 180 days, through July 4, 2018. This 
Notice explains how TPS beneficiaries and their employers may determine 
which EADs are automatically extended and how this affects the Form I-
9, Employment Eligibility Verification, and E-Verify processes.

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 apply for and be granted travel 
authorization as a matter of discretion.
     The granting of TPS does not automatically result in or 
lead to lawful permanent resident status.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(2), 8 U.S.C. 1254a(c)(2).
     When the Secretary terminates a country's TPS designation, 
beneficiaries return to one of the following:
    [cir] The same immigration status or category they maintained 
before TPS, if any (unless that status or category has since expired or 
been terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, as long as it is still valid on 
the date TPS terminates.

When was Honduras designated for TPS?

    Honduras was initially designated for TPS on January 5, 1999, on 
environmental disaster grounds, specifically the devastation caused by 
Hurricane Mitch. See Designation of Honduras Under Temporary Protected 
Status, 64 FR 524 (Jan. 5, 1999). The last extension of Honduras's 
designation for TPS was announced on May 16, 2016, based on the 
determination that the conditions warranting the designation continued 
to be met. See Extension of the Designation of Honduras for Temporary 
Protected Status, 81 FR 30331 (May 16, 2016).

Why is the TPS designation for Honduras being extended through July 5, 
2018?

    The designation of Honduras for TPS is set to expire on January 5, 
2018. At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in a 
foreign state designated for TPS to determine

[[Page 59632]]

whether the conditions for the TPS designation continue to be met.\1\ 
If the Secretary does not make a determination that a foreign state no 
longer meets the conditions for designation for TPS at least 60 days 
before the current expiration of the country's TPS designation, the 
period of designation is automatically extended for 6 additional months 
(or, in the Secretary's discretion, 12 or 18 months). See INA section 
244(b)(3)(A) and (C). The Secretary did not make a determination on 
Honduras's designation by November 6, 2017, the statutory deadline, and 
did not elect to extend the designation beyond the automatic six 
months. Accordingly, the TPS designation of Honduras is automatically 
extended for 6 months, from January 6, 2018 to July 5, 2018. DHS 
estimates that there are approximately 86,000 nationals of Honduras 
(and aliens having no nationality who last habitually resided in 
Honduras) who hold TPS under Honduras's designation.
---------------------------------------------------------------------------

    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to the Department of Homeland Security (DHS) ``shall be 
deemed to refer to the Secretary'' of Homeland Security. See 6 
U.S.C. 557 (codifying the Homeland Security Act of 2002, tit. XV, 
section 1517).
---------------------------------------------------------------------------

Notice of Extension of the TPS Designation of Honduras

    Pursuant to INA section 244(b)(3)(A) and (C), the TPS designation 
for Honduras is automatically extended for 6 months, from January 6, 
2018 to July 5, 2018.

Elaine C. Duke,
Acting Secretary.

Required Application Forms and Application Fees To Re-Register for TPS

    To re-register for TPS based on the designation of Honduras, you 
must submit an Application for Temporary Protected Status (Form I-821). 
You do not need to pay the filing fee for the Form I-821. See 8 CFR 
244.17. You may be required to pay the biometrics services fee. Please 
see additional information under the ``Biometric Services Fee'' section 
of this Notice.
    Through operation of this Notice, your existing EAD issued under 
the TPS designation of Honduras with an expiration date of January 5, 
2018, is automatically extended for 180 days, through July 4, 2018. You 
do not need to apply for a new EAD in order to benefit from this 180-
day automatic extension. However, if you want to obtain a new EAD with 
an expiration date of July 5, 2018 on its face, you must file an 
Application for Employment Authorization (Form I-765) and pay the Form 
I-765 fee in addition to filing your re-registration application (Form 
I-821). If you do not want to request an EAD now, you may also file 
Form I-765 at a later date to request an EAD and pay the fee (or 
request a fee waiver), provided that you still have TPS or a pending 
TPS application.
    If you are seeking an EAD with your re-registration for TPS, please 
submit both the Form I-821 and Form I-765 together. If you are unable 
to pay the application fee and/or biometrics fee, you may complete a 
Request for Fee Waiver (Form I-912) or submit a personal letter 
requesting a fee waiver with 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 
Form I-821, the 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 and 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 complete a Form I-912 or submit a personal letter 
requesting a fee waiver with satisfactory supporting documentation. For 
more information on the biometric services fee, please visit the USCIS 
website at https://www.uscis.gov. If necessary, you may be required to 
visit an Application Support Center to have your biometrics captured. 
For additional information on the USCIS biometrics screening process 
please see the USCIS Customer Profile Management Service Privacy Impact 
Assessment, available at www.dhs.gov/privacy.

Re-Filing a Re-Registration TPS Application After Receiving a Denial of 
a Fee Waiver Request

    You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any 
EAD promptly. Properly filing early will also allow you to have time to 
re-file your application before the deadline, should USCIS deny your 
fee waiver request. If, however, you receive a denial of your fee 
waiver request and are unable to re-file by the re-registration 
deadline, you may still re-file your Form I-821 with the biometrics 
fee. This situation will be reviewed to determine whether you 
established good cause for late TPS re-registration. However, you are 
urged to re-file within 45 days of the date on any USCIS fee waiver 
denial notice, if possible. See INA section 244(c)(3)(C); 8 U.S.C. 
1254a(c)(3)(C); 8 CFR 244.17(b). For more information on good cause for 
late re-registration, visit the USCIS TPS web page at https://www.uscis.gov/tps. Following denial of your fee waiver request, you may 
also file your Form I-765 with fee either with your Form I-821 or at a 
later time, if you choose.

    Note: Although a re-registering TPS beneficiary age 14 and older 
must pay the biometric services fee (but not the Form I-821 fee) 
when filing a TPS re-registration application, you may decide to 
wait to request an EAD. Therefore, you do not have to file the Form 
I-765 or pay the associated Form I-765 fee (or request a fee waiver) 
at the time of re-registration, and could wait to seek an EAD until 
after USCIS has approved your TPS re-registration, if you are 
eligible. If you choose to do this, to re-register for TPS you would 
only need to file the Form I-821 with the biometrics services fee, 
if applicable (or request a fee waiver).

Mailing Information

    Mail your application for TPS to the proper address in Table 1.

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
                If . . .                          Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S.        USCIS, Attn: TPS Honduras, P.O.
 Postal Service.                          Box 6943, Chicago, IL 60680-
                                          6943.
For FedEx, UPS, and DHL deliveries.....  USCIS, Attn: TPS Honduras, 131
                                          S. Dearborn Street, 3rd Floor,
                                          Chicago, IL 60603-5517.
------------------------------------------------------------------------


[[Page 59633]]

    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 mailing address in 
Table 1. When re-registering and 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 help us to verify your grant of 
TPS and process your application.

Supporting Documents

    The filing instructions on the Form I-821 list all the documents 
needed to establish eligibility for TPS. You may also find information 
on the acceptable documentation and other requirements for applying or 
registering for TPS on the USCIS website at www.uscis.gov/tps under 
``Honduras.''

Employment Authorization Document (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 an EAD request, 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 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 180 day extension of my current 
EAD through July 4, 2018, using this Federal Register notice?

    Yes. Provided that you currently have TPS under the designation of 
Honduras, this Notice automatically extends your EAD by 180 days if 
you:
     Are a national of Honduras (or an alien having no 
nationality who last habitually resided in Honduras); and
     Have an EAD under the designation of TPS for Honduras with 
a marked expiration date of January 5, 2018, bearing the notation A-12 
or C-19 on the face of the card under Category.
    Although this Notice automatically extends your EAD through July 4, 
2018, you must re-register timely for TPS in accordance with the 
procedures described in this Notice if you would like to maintain your 
TPS.

When hired, what documentation may I show to my employer as evidence 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. Employers must complete Form I-
9 to verify the identity and employment authorization of all new 
employees. Within three days of hire, employees must present acceptable 
documents to their employers as evidence of identity and employment 
authorization to satisfy Form I-9 requirements.
    You may present any document from List A (which provides evidence 
of both identity and employment authorization), or one document from 
List B (which provides evidence of your identity) together with one 
document from List C (which is evidence of 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. Employers may not 
reject a document based on a future expiration date. You can find 
additional detailed information about Form I-9 on USCIS's I-9 Central 
web page at https://www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. If your EAD has an 
expiration date of January 5, 2018, and states ``A-12'' or ``C-19'' 
under ``Category,'' it has been extended automatically for 180 days by 
virtue of this Notice, and you may choose to present your EAD to your 
employer as proof of identity and employment authorization for Form I-9 
through July 4, 2018, unless your TPS has been withdrawn or your 
request for TPS has been denied. If you properly filed an EAD renewal 
application in accordance with this Notice, 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 A-12 or 
C-19) as a List A document that provides evidence of your identity and 
employment authorization for Form I-9 through July 4, 2018, unless your 
TPS has been finally withdrawn or your request for TPS has been finally 
denied. See the subsection titled, ``How do my employer and I complete 
the Employment Eligibility Verification (Form I-9) using an 
automatically extended EAD for a new job?'' for further information.
    To reduce confusion over this extension at the time of hire, you 
should explain to your employer that the validity of your EAD has been 
automatically extended through July 4, 2018. You may also provide your 
employer with a copy of this Notice, which explains that your EAD has 
been automatically extended. As an alternative to presenting evidence 
showing your EAD has been automatically extended, 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 present to my employer for Employment 
Eligibility Verification (Form I-9) if I am already employed but my 
current TPS-related EAD is set to expire?

    Even though your EAD has been automatically extended, your employer 
is required to ask you about your continued employment authorization by 
the expiration date listed on your current EAD. You will need to 
present your employer with evidence that you are still authorized to 
work. Once presented, you may correct your employment authorization 
expiration date in Section 1 and your employer should correct the EAD 
expiration date in 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 EAD has been automatically 
extended?'' for further information. You may also show this Notice to 
your employer to explain what to do for Form I-9.
    Your employer may need to reinspect your automatically extended EAD 
to check the expiration date and Category code to record the updated 
expiration date on your Form I-9 if your employer did not keep a copy 
of this EAD when you initially presented it. In addition, if you 
properly filed Form I-765 to obtain a new EAD, you will receive a Form 
I-797C. The receipt notice will state that your current ``A-12'' or 
``C-19'' coded EAD is automatically extended for 180 days. You may 
present Form I-797C to your employer along with your EAD to confirm the 
validity of your EAD has been automatically extended through July 4, 
2018, unless your TPS has been finally withdrawn or your request for 
TPS has been finally denied. You may also show this Federal Register 
notice to your employer to show that the validity of your EAD has been 
automatically extended until July 4, 2018.
    The last day of the automatic EAD extension is July 4, 2018. Before 
you start work on July 5, 2018, your employer must reverify your 
employment authorization. At that time,

[[Page 59634]]

you must present any document from List A or any document from List C 
on Form I-9 Lists of Acceptable Documents, or an acceptable List A or 
List C receipt described in the Form I-9 Instructions to reverify 
employment authorization.
    By July 5, 2018, your employer must complete Section 3 of the 
current version of the form, Form I-9 07/17/17 N, and attach it to the 
previously completed Form I-9, if your original Form I-9 was a previous 
version. Your employer can check the USCIS's I-9 Central web page 
https://www.uscis.gov/I-9Central for the most current version of Form I-
9.
    Note that your employer may not specify which List A or List C 
document you 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 Honduran citizenship?

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the Form I-9 Lists of Acceptable Documents that reasonably appears to 
be genuine and that relates to you, or an acceptable List A, List B, or 
List C receipt. Employers need not reverify List B identity documents. 
Employers may not request documentation that does not appear on the 
``Lists of Acceptable Documents.'' Therefore, employers may not request 
proof of Honduran citizenship or proof of re-registration for TPS when 
completing Form I-9 for new hires or reverifying the employment 
authorization of current employees. If presented with EADs that have 
been automatically extended, employers should accept such documents as 
a valid List A document so long as the EAD reasonably appears to be 
genuine and relates 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) using my automatically extended EAD for a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before July 5, 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 July 4, 
2018, the automatically extended EAD expiration date as the 
``expiration date, if applicable, mm/dd/yyyy''; 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. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring 
it is in category A-12 or C-19 and has a January 5, 2018 expiration 
date;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Insert July 4, 2018, the date that is 180 days from the date the 
current EAD expires.
    If you also filed for a new EAD, as proof of the automatic 
extension of your employment authorization, you may present your 
expired EAD with category A-12 or C-19 in combination with the Form I-
797C Notice of Action showing that the EAD renewal application was 
filed and that the qualifying eligibility category is either A-12 or C-
19. Unless your TPS has been finally withdrawn or your request for TPS 
has been finally denied, this document combination is considered an 
unexpired EAD (Form I-766) under List A. In these situations, to 
complete Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19; and
     The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 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 July 4, 2018, the date that is 180 days from the date the 
current EAD expires.
    Before the start of work on July 5, 2018, employers must reverify 
the employee's employment authorization in Section 3 of Form I-9.

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my EAD has been automatically 
extended?

    If you presented a TPS-related EAD that was valid when you first 
started your job and your EAD has now been automatically extended, your 
employer may need to reinspect your automatically extended EAD if your 
employer does not have a copy of the EAD on file. You and your employer 
should correct your previously completed Form I-9 as follows:
    1. For Section 1, you may
    a. Draw a line through the expiration date in Section 1;
    b. Write July 4, 2018 which is the date that is 180 days from the 
date your current EAD expires above the previous date (January 5, 
2018); and
    c. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Draw a line through the expiration date written in Section 2;
    b. Write July 4, 2018, the date that is 180 days from the date the 
employee's current EAD expires above the previous date (January 5, 
2018); and
    c. Initial and date the correction in the Additional Information 
field of Section 2.
    In the alternative, if you properly applied for a new EAD, you may 
present your expired EAD with category A-12 or C-19 in combination with 
the Form I-797C Notice of Action. The Form I-797C should show that the 
EAD renewal application was filed and that the qualifying eligibility 
category is either A-12 or C-19. To avoid confusion, you may also 
provide your employer a copy of this Notice. Your employer should 
correct your previously completed Form I-9 as follows:
    For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19; and
     The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Draw a line through the expiration date written in Section 2;
    c. Write July 4, 2018, the date that is 180 days from the date the 
employee's current EAD expires above the previous date (January 5, 
2018); and
    d. Initial and date the correction in the Additional Information 
field in Section 2.

    Note: This is not considered a reverification. Employers do not 
need to complete Section 3 until either the 180-day extension has 
ended or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By July 5, 2018, when 
the employee's automatically extended EAD has expired, employers 
must reverify the employee's employment authorization in Section 3.

If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee using 
the EAD with expiration date January 5,

[[Page 59635]]

2018, or the Form I-797C receipt information provided on Form I-9. In 
either case, the number entered as the document number on Form I-9 
should be entered into the document number field in E-Verify.

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. If you have employees who 
are TPS beneficiaries who provided a TPS-related EAD when they 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. This indicates that you should update Form I-9 
in accordance with the instructions above. Before the employee starts 
to work on July 5, 2018, employment authorization must be reverified in 
Section 3. Employers should not use E-Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This 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 [email protected]. 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 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). IER offers language interpretation in numerous 
languages. Employers may also email IER at [email protected].

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 USCIS at [email protected]. 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 (Form I-9) Instructions. Employers may not require 
extra or additional documentation beyond what is required for (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 (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, immigration status, or national origin, contact IER's 
Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory (Form I-9) and E-Verify 
procedures is available on the IER website at https://www.justice.gov/ier and the USCIS website 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 your receipt notice (Form I-797C) for your 
application to renew your current EAD providing an automatic extension 
of your currently expired or expiring EAD;
    (3) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration; and
    (4) A copy of your past or current Application for Temporary 
Protected Status Notice of Action (Form I-797), if you received one 
from USCIS.
    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 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

[[Page 59636]]

submit a written request to correct records under the Freedom of 
Information Act can be found on the SAVE website at https://www.uscis.gov/save.

[FR Doc. 2017-27140 Filed 12-14-17; 8:45 am]
 BILLING CODE 9111-97-P