Termination of the Designation of Nicaragua for Temporary Protected Status, 59636-59642 [2017-27141]

Agencies

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

[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59636-59642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27141]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2613-17; DHS Docket No. USCIS-2014-0006]
RIN 1615-ZB69


Termination of the Designation of Nicaragua for Temporary 
Protected Status

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

ACTION: Notice.

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SUMMARY: The designation of Nicaragua for Temporary Protected Status 
(TPS) is set to expire on January 5, 2018. After reviewing country 
conditions and consulting with the appropriate U.S. Government 
agencies, the Secretary of Homeland Security (Secretary) has determined 
that conditions in Nicaragua no longer support its designation for TPS 
and is therefore terminating the TPS designation of Nicaragua. To 
provide for an orderly transition, this termination is effective on 
January 5, 2019, which is 12 months following the end of the current 
designation.
    Nationals of Nicaragua (and aliens having no nationality who last 
habitually resided in Nicaragua) who have been granted TPS and wish to 
maintain their TPS and receive TPS-based Employment Authorization 
Documents (EAD) valid through January 5, 2019, must re-register for TPS 
in accordance with the procedures set forth in this Notice. On January 
6, 2019, nationals of Nicaragua (and aliens having no nationality who 
last habitually resided in Nicaragua) who have been granted TPS under 
the Nicaragua designation will no longer have TPS.

DATES: The designation of Nicaragua for TPS is terminated effective at 
11:59 p.m., local time, on January 5, 2019. The 60-day re-registration 
period runs from December 15, 2017 through February 13, 2018. (Note: It 
is important for re-registrants to timely re-register during this 60-
day period and not to wait until their EADs expire.)

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 termination of Nicaragua's TPS 
by selecting ``Nicaragua'' 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

    Through this Notice, DHS sets forth procedures necessary for 
eligible nationals of Nicaragua (or aliens having no nationality who 
last habitually resided in Nicaragua) to re-register for TPS and to 
apply for renewal of their EADs with USCIS. Re-registration is limited 
to persons who have previously registered for TPS under the designation 
of Nicaragua and whose applications have been granted.
    For individuals who have already been granted TPS under Nicaragua's 
designation, the 60-day re-registration period runs from December 15, 
2017 through February 13, 2018. USCIS will issue new EADs with a 
January 5, 2019 expiration date to eligible Nicaraguan TPS 
beneficiaries who timely re-register and apply for EADs. 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 Nicaragua for 60 days, through March 6, 2018. 
Additionally, provided a Nicaraguan TPS beneficiary timely re-registers 
and properly files an application for an EAD in accordance with this 
Notice, the validity of his or her EAD will be automatically extended 
by regulation for up to 180 days from the date the current EAD expires, 
i.e., through July 4, 2018. See 8 CFR 274a.13(d)(1). 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 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 that they maintained 
before TPS, if any (unless that status or category has since expired or 
been terminated); or

[[Page 59637]]

    [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 Nicaragua designated for TPS?

    Nicaragua was initially designated for TPS on January 5, 1999, 
based on environmental disaster grounds, specifically the devastation 
caused by Hurricane Mitch. See Designation of Nicaragua Under Temporary 
Protected Status, 64 FR 526 (Jan. 5, 1999). The last extension of 
Nicaragua'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 Nicaragua for 
Temporary Protected Status, 81 FR 30325 (May 16, 2016).

What authority does the Secretary have to terminate the designation of 
Nicaragua for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate U.S. Government 
agencies, to designate a foreign state (or part thereof) for TPS if the 
Secretary determines that certain country conditions exist.\1\ The 
Secretary may then grant TPS to eligible nationals of that foreign 
state (or eligible aliens having no nationality who last habitually 
resided in the designated country). See INA section 244(a)(1)(A), 8 
U.S.C. 1254a(a)(1)(A).
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    \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).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in a 
foreign state designated for TPS to determine whether the conditions 
for the TPS designation continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that 
a foreign state continues to meet the conditions for TPS designation, 
the designation must be extended for an additional period of 6 months 
and, in the Secretary's discretion, may be extended for 12 or 18 
months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If the 
Secretary determines that the foreign state no longer meets the 
conditions for TPS designation, the Secretary must terminate the 
designation, but such termination may not take effect earlier than 60 
days after the date the Federal Register notice of termination is 
published, or if later, the expiration of the most recent previous 
extension of the country designation. See INA section 244(b)(3)(B), 8 
U.S.C. 1254a(b)(3)(B). The Secretary may determine the appropriate 
effective date of the termination and the expiration of any TPS-related 
documentation, such as EADs, for the purpose of providing an orderly 
transition. See id.; INA section 244(d)(3), 8 U.S.C. 1254a(d)(3).

Why is the Secretary terminating the TPS designation for Nicaragua as 
of January 5, 2019?

    DHS has reviewed conditions in Nicaragua. Based on the review, 
including input received from other relevant U.S. Government agencies, 
the Secretary has determined that conditions for Nicaragua's 1999 
designation for TPS on the basis of environmental disaster due to the 
damage caused by Hurricane Mitch are no longer met. It is no longer the 
case that Nicaragua is unable, temporarily, to handle adequately the 
return of nationals of Nicaragua. Recovery efforts relating to 
Hurricane Mitch have largely been completed. The social and economic 
conditions affected by Hurricane Mitch have stabilized, and people are 
able to conduct their daily activities without impediments directly 
related to damage from the storm.
    Nicaragua received a significant amount of international aid to 
assist in its Hurricane Mitch-related recovery efforts, and many 
reconstruction projects have now been completed. Hundreds of homes 
destroyed by the storm have been rebuilt. The government of Nicaragua 
has been working to improve access to remote communities and has built 
new roads in many of the areas affected by Hurricane Mitch, including 
the first paved road to connect the Pacific side of the country to the 
Caribbean Coast, which is nearly completed. Access to drinking water 
and sanitation has improved. Electrification of the country has 
increased from 50% of the country in 2007 to 90% today. Nearly 1.5 
million textbooks have been provided to 225,000 primary students of the 
poorest regions of the country. Internet access is also now widely 
available.
    In addition, Nicaragua's relative security has helped attract 
tourism and foreign investment. The Nicaraguan economy has strengthened 
due to increased foreign direct investment and exports of textiles and 
commodities. Nicaragua's Gross Domestic Product (GDP) reached an all-
time high of $13.23 billion (USD) in 2016, has averaged over 5% growth 
since 2010, and Nicaragua's GDP per capita is higher today than in 
1998. Public infrastructure investment has been a high priority for the 
government, and the government has demonstrated its ability to provide 
basic services to its citizens. The U.S. Department of State does not 
have a current travel warning for Nicaragua. DHS estimates that there 
are approximately 5,300 nationals of Nicaragua (and aliens having no 
nationality who last habitually resided in Nicaragua) who hold TPS 
under Nicaragua's designation.

Notice of Termination of the TPS Designation of Nicaragua

    By the authority vested in me under INA section 244, 8 U.S.C. 
1254a, I have determined, after consultation with the appropriate U.S. 
Government agencies, that Nicaragua no longer meets the conditions for 
designation of TPS under section 244(b)(1) of the INA, 8 U.S.C. 
1254a(b)(1). Accordingly, I order as follows:
    (1) Pursuant to INA section 244(b)(3)(B), to provide for an orderly 
transition, the designation of Nicaragua for TPS is terminated at 11:59 
p.m., local time, on January 5, 2019, 12 months following the end of 
the current designation.
    (2) Information concerning the termination of TPS for nationals of 
Nicaragua (and aliens having no nationality who last habitually resided 
in Nicaragua) will be available at local USCIS offices upon publication 
of this Notice and through the USCIS National Customer Service Center 
at 1-800-375-5283. This information will be published on the USCIS 
website at www.uscis.gov.

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 Nicaragua, 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 biometric 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 Nicaragua with the expiration date of January 5, 
2018, is

[[Page 59638]]

automatically extended for 60 days, through March 6, 2018. You do not 
need to apply for a new EAD in order to benefit from this 60-day 
automatic extension. However, if you want to obtain a new EAD valid 
through January 5, 2019, you must also file an Application for 
Employment Authorization (Form I-765) and pay the Form I-765 fee. Note, 
if you do not want a new EAD, you do not have to file Form I-765 or pay 
the Form I-765 fee. If you do not want to request a new EAD now, you 
may also file Form I-765 at a later date to request a new EAD and pay 
the fee (or request a fee waiver), provided that you still have TPS or 
a pending TPS application.
    In addition to the automatic 60-day EAD extension provided through 
this notice, if you timely re-register for TPS and properly file an 
application for an EAD in accordance with this Notice, the validity of 
your EAD will be automatically extended by regulation for up to 180 
days from the date the current EAD expires, i.e., through July 4, 2018. 
See 8 CFR 274a.13(d)(1). But unless you timely re-register for TPS and 
properly file an EAD application in accordance with this Notice, the 
validity of your current EAD will end on March 6, 2018. You may file 
the application for your EAD either prior to or after it has expired 
and your EAD will be automatically extended for up to 180 days (i.e., 
through July 4, 2018). See 8 CFR 274a.13(d)., You are strongly 
encouraged to properly file your EAD application as early as possible 
to avoid gaps in your employment authorization documentation and to 
ensure that you receive your Form I-797C Notice of Action prior to 
March 6, 2018. However, you may file your EAD application even if your 
current TPS-related EAD has expired.
    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 and, if you also file Form 
I-765, receive a Form I-797C demonstrating your EAD's 180-day automatic 
extension, 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 re-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 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
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                If . . .                          Mail to . . .
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You are applying through the U.S.        USCIS, Attn: TPS Nicaragua,
 Postal Service.                          P.O. Box 4413, Chicago, IL
                                          60680.
For FedEx, UPS, and DHL deliveries.....  USCIS, Attn: TPS Nicaragua, 131
                                          S. Dearborn Street, 3rd Floor,
                                          Chicago, IL 60603-5517.
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    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 
``Nicaragua.''

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

[[Page 59639]]

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 60-day extension of my current 
EAD through March 6, 2018?

    Yes. Provided that you currently have TPS under the designation of 
Nicaragua, this Notice automatically extends your EAD by 60 days if 
you:
     Are a national of Nicaragua (or an alien having no 
nationality who last habitually resided in Nicaragua); and
     Have an EAD under the designation of TPS for Nicaragua 
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 March 
6, 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.

Am I eligible to receive an extension of my current EAD beyond March 6, 
2018, while I wait for my new one to arrive?

    Provided that you currently have a Nicaragua TPS-based EAD, you may 
be eligible to have the validity of your current EAD extended for up to 
180 days from its current expiration date (through July 4, 2018) if 
you:
     Are a national of Nicaragua (or an alien having no 
nationality who last habitually resided in Nicaragua);
     Have an EAD under the designation of Nicaragua for TPS;
     Have an EAD 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''; and
     Properly filed an application for an EAD in accordance 
with this Notice.
    You must timely re-register for TPS as described in this Notice if 
you would like to maintain your TPS. This Federal Register Notice 
automatically extends your EAD with an expiration date of January 5, 
2018, for 60 days until March 6, 2018. If you would like to have the 
validity of your current EAD automatically extended for up to 180 days 
from January 5, 2018, you must properly file Form I-765 for a new EAD 
when you file to re-register for TPS or at any other time before July 
4, 2018, if you file Form I-765 after you re-register for TPS. In 
either case, your current EAD will be auto-extended through July 4, 
2018. You are strongly encouraged to file your EAD renewal application 
as early as possible to avoid gaps in documentation of your employment 
authorization.

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-9-central.
    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 60 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 March 6, 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 will receive a Form I-
797C Notice of Action (showing the qualifying eligibility category of 
either A-12 or C-19). You may choose to present your EAD to your 
employer together with the Form I-797C 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 by this Notice through March 6, 2018. If you 
have a Form I-797C, you should explain to your employer that your EAD 
has been automatically extended through July 4, 2018. You may also 
provide your employer with a copy of this Notice, which explains how 
your EAD is automatically extended. As an alternative to presenting 
evidence of your automatically extended EAD, you may choose to present 
any other acceptable document from List A, a combination of one 
selection from List B and one selection from List C, or a valid 
receipt.

What documentation may I 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 EADs with an expiration date of January 5, 2018 that 
state ``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended for 60 days by this Federal Register notice, you are also 
eligible to have your EAD automatically extended for 180 days if you 
properly file for a new EAD in accordance with this Notice. Your 
employer will need to ask you about your continued employment 
authorization no later than before you start work on January 6, 2018. 
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 file your Form I-765 to renew your current EAD in accordance 
with this Notice, you may present Form I-797C to your employer along 
with your EAD to confirm the validity of your

[[Page 59640]]

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 reduce confusion. To avoid delays in receiving the Form I-797C and 
reduce the possibility of gaps in your employment authorization 
documentation, you should file your EAD renewal application as early as 
possible during the re-registration period.
    The last day of the automatic EAD extension by this Federal 
Register notice is March 6, 2018. After this date, if you properly 
filed for a new EAD, you may demonstrate continued employment 
eligibility by providing your Form I-797C which will indicate that the 
last day of the automatic 180-day EAD extension is July 4, 2018. Before 
you start work on July 5, 2018, your employer must reverify your 
employment authorization. At that time, you must present any document 
from List A or any document from List C on 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 at 
https://www.uscis.gov/i-9-central 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 Nicaraguan 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 Nicaraguan 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 EADs as valid 
List A documents so long as the EADs reasonably appear to be genuine 
and to relate to the employee. In addition, if the EAD with a January 
5, 2018 expiration date in category A-12 or C-19 is presented with the 
Form I-797C, an employer should accept this document combination 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 using this 
Federal Register notice?

    To complete Form I-9 for a new job using an automatically extended 
EAD with a January 5, 2018 expiration date and A-19 or C-12 under 
Category, you and your employer should do the following if using an EAD 
that has been automatically extended for 60 days by this Federal 
Register notice:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter March 6, 
2018 (the date that is 60 days after January 5, 2018) 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 60 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 March 6, 2018, the date that is 60 days from the date the 
current EAD expires.
    Before the start of work on March 7, 2018, your employer will need 
to examine evidence that you continue to have employment authorization. 
If you properly filed an EAD application, see instructions below under 
``What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my EAD has been automatically 
extended?

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) using my automatically extended EAD for a new job using Form 
I-797C Notice of Action?

    You may also complete Form I-9 for a new job using an EAD with a 
January 5, 2018 expiration date that has been automatically extended 
because you properly filed for a new EAD in accordance with this 
Notice. As proof of your employment authorization, you may present your 
EAD with expiration date January 5, 2018 with category A-12 or C-19 in 
combination with the Form I-797C 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. When completing 
Form I-9 for a new job you are starting before July 4, 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 date that is 180 days from the date your current EAD expires 
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. When completing 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.

[[Page 59641]]

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

    If you presented a TPS-related EAD that was valid when you first 
started your job and your EAD has now been automatically extended by 
this Notice, your employer may need to reinspect your automatically 
extended EAD if your employer does not have a copy of the EAD on file, 
and you and your employer should correct your previously completed Form 
I-9 as follows:
    1. For Section 1, you may:
    a. Draw a line through the expiration date in the first space;
    b. Write March 6, 2018 above the previous date; 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 60 days by ensuring 
that it is in category A-12 or C-19; and
    b. Draw a line through the expiration date written in Section 2;
    c. Write March 6, 2018, the date that is 60 days from the 
employee's current EAD expiration date above the previous date; and
    d. Initial and date the correction in the Additional Information 
field in Section 2.

    Note: This is not considered a reverification.

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my EAD has been automatically 
extended by Form I-797C?

    If you presented a TPS-related EAD that was valid when you first 
started your job and your EAD has now been automatically extended 
because you properly applied for an EAD, you may present your EAD with 
January 5, 2018 expiration date with category A-12 or C-19 in 
combination with the Form I-797C. The Form I-797C should show that the 
EAD renewal application was timely 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 may 
need to re-inspect your current EAD if they do 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, the date that is 180 days from the date your 
current EAD expires above the previous date; 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 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; and
    d. Initial and date the correction in the margin of 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 whose 
EAD has been automatically extended for 60 days by this Notice. 
Employers may also create an E-Verify case for an employee whose EAD 
has been automatically extended by properly filing for a new EAD in 
accordance with this Notice using 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

[[Page 59642]]

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 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 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. 2017-27141 Filed 12-14-17; 8:45 am]
 BILLING CODE 9111-97-P