Termination of the Designation of El Salvador for Temporary Protected Status, 2654-2660 [2018-00885]

Agencies

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

[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2654-2660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00885]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2616-18; DHS Docket No. USCIS-2008-0034]
RIN 1615-ZB71


Termination of the Designation of El Salvador for Temporary 
Protected Status

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

ACTION: Notice.

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SUMMARY: The designation of El Salvador for Temporary Protected Status 
(TPS) is set to expire on March 9, 2018. After reviewing country 
conditions and consulting with appropriate U.S. Government agencies, 
the Secretary of Homeland Security has determined that conditions in El 
Salvador no longer support its designation for TPS and that termination 
of the TPS designation of El Salvador is required pursuant to statute. 
To provide time for an orderly transition, the Secretary is terminating 
the designation effective on September 9, 2019, which is 18 months 
following the end of the current designation.
    Nationals of El Salvador (and aliens having no nationality who last 
habitually resided in El Salvador) who have been granted TPS and wish 
to maintain their TPS and receive TPS-based Employment Authorization 
Documents (EAD) valid through September 9, 2019, must re-register for 
TPS in accordance with the procedures set forth in this Notice. After 
September 9, 2019, nationals of El Salvador (and aliens having no 
nationality who last habitually resided in El Salvador) who have been 
granted TPS under the El Salvador designation will no longer have TPS.

DATES: The designation of El Salvador for TPS is terminated effective 
at 11:59 p.m., local time, on September 9, 2019.
    The 60-day re-registration period runs from January 18, 2018 
through March 19, 2018. (Note: It is important for re-registrants to 
timely re-register during this 60-day period.)

FOR FURTHER INFORMATION CONTACT: 
     You may contact Alex King, Branch Chief, Waivers and 
Temporary Services Branch, Service Center Operations Directorate, U.S. 
Citizenship and Immigration Services, U.S. 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 El Salvador's 
TPS by selecting ``El Salvador'' from the menu on the left side of the 
TPS web page.
     Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at https://

[[Page 2655]]

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--U.S. 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 El Salvador (or aliens having no nationality who 
last habitually resided in El Salvador) 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 El Salvador and whose applications have been granted.
    For individuals who have already been granted TPS under El 
Salvador's designation, the 60-day re-registration period runs from 
January 19, 2018 through March 19, 2018. USCIS will issue new EADs with 
a September 9, 2019 expiration date to eligible Salvadoran 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 March 9, 2018. Accordingly, through this 
Federal Register notice, DHS automatically extends the validity of EADs 
issued under the TPS designation of El Salvador for 180 days, through 
September 5, 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 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 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)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(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
    [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 El Salvador designated for TPS?

    On March 9, 2001, the Attorney General designated El Salvador for 
TPS based on an environmental disaster within that country, 
specifically the devastation resulting from a series of earthquakes 
that occurred in 2001. See Designation of El Salvador Under Temporary 
Protected Status, 66 FR 14214 (Mar. 9, 2001). The designation has been 
continuously extended since its initial designation. The Secretary of 
Homeland Security last announced an extension of TPS for El Salvador on 
July 8, 2016, based on the Secretary's determination that the 
conditions warranting the designation continued to be met. See 
Extension of the Designation of El Salvador for Temporary Protected 
Status, 81 FR 44645 (July 8, 2016).

What authority does the Secretary have to terminate the designation of 
El Salvador 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 U.S. 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 the 
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 
the 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 continues to meet 
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 for 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 El Salvador as 
of September 9, 2019?

    DHS has reviewed conditions in El Salvador. Based on the review, 
including input received from other appropriate U.S. Government 
agencies, including the Department of State, the Secretary of Homeland 
Security has determined that the conditions supporting El Salvador's 
2001 designation for TPS on the basis of

[[Page 2656]]

environmental disaster due to the damage caused by the 2001 earthquakes 
are no longer met. Recovery efforts relating to the 2001 earthquakes 
have largely been completed. The social and economic conditions 
affected by the earthquakes have stabilized, and people are able to 
conduct their daily activities without impediments directly related to 
damage from the earthquakes. Additionally, El Salvador has been 
regularly accepting the return of its nationals with final removal 
orders In fiscal year 2016, DHS removed 20,538 Salvadoran nationals, 
and, in fiscal year 2017, DHS removed 18,838 Salvadoran nationals.
    Following the 2001 earthquake, El Salvador received a significant 
amount of international aid to assist in its recovery efforts, 
including millions of dollars dedicated to emergency and long-term 
assistance. Accordingly, many reconstruction projects have now been 
completed. Damaged schools and hospitals have been reconstructed and 
repaired, homes have been rebuilt, and money has been provided for 
water and sanitation and to repair damaged roads and other 
infrastructure. Additionally, El Salvador's economy is steadily 
improving. The Salvadoran Government has estimated that the country's 
unemployment rate was 7 percent in 2014, 2015, and 2016. The Gross 
Domestic Product (GDP) in El Salvador reached an all-time high of 
$26.80 billion (USD) in 2016 and is expected to reach $27.3 billion 
(USD) by the end of 2017. El Salvador's GDP is projected to increase to 
about $28.6 billion in 2020.
    Government assistance and resources for returnees are reportedly 
limited, but the Salvadoran Government, U.S. Government, and 
international organizations are working cooperatively to improve 
security and economic opportunities in El Salvador to lay the 
groundwork for an eventual return of many Salvadorans from the United 
States. DHS estimates that there are approximately 262,500 nationals of 
El Salvador (and aliens having no nationality who last habitually 
resided in El Salvador) who hold TPS under El Salvador's designation.

Notice of Termination of the TPS Designation of El Salvador

    By the authority vested in the Secretary of Homeland Security under 
INA section 244(b)(3), 8 U.S.C. 1254a(b)(3), I have determined, after 
consultation with appropriate U.S. Government agencies, that the 
conditions for the designation of El Salvador for TPS under 
244(b)(1)(B) of the INA, 8 U.S.C. 1254a(b)(1)(B), are no longer met. 
Accordingly, I order as follows:
    (1) Pursuant to INA section 244(b)(3)(B) and in accordance with INA 
section 244(d)(3), in order to provide for an orderly transition, the 
designation of El Salvador for TPS is terminated effective at 11:59 
p.m., local time, on September 9, 2019, which is 18 months following 
the end of the current designation.
    (2) Information concerning the termination of TPS for nationals of 
El Salvador (and aliens having no nationality who last habitually 
resided in El Salvador) 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.

Kirstjen M. Nielsen,
Secretary.

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

    To re-register for TPS based on the designation of El Salvador, 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 Federal Register notice, your existing 
EAD issued under the TPS designation of El Salvador with the expiration 
date of March 9, 2018, is automatically extended for 180 days, through 
September 5, 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 valid through September 9, 2019, you must file an 
Application for Employment Authorization (Form I-765) and pay the Form 
I-765 fee (or request a fee waiver). 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 and pay the fee (or request a fee waiver), provided 
that you still have TPS or a pending TPS application. But unless you 
timely re-register and properly file an EAD application in accordance 
with this Notice, the validity of your current EAD will end on 
September 5, 2018. You may file the application for a new EAD either 
prior to or after your current EAD has expired. However, you are 
strongly encouraged to file your application for a new EAD as early as 
possible to avoid gaps in the validity of your employment authorization 
documentation and to ensure that you receive your new EAD by September 
5, 2018.
    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 biometric services 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).

    Note: If you have a Form I-821 and/or Form I-765 that was still 
pending as of January 18, 2018, then you do not need to file either 
application again. If your pending TPS application is approved, you 
will be granted TPS through September 9, 2019. Similarly, if you 
have a pending TPS-related application for an EAD that is approved, 
it will be valid through the same date.

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.

Refiling 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 
refile 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 refile by the re-registration deadline, you 
may still refile your Form

[[Page 2657]]

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 refile 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 refile 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 application. 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 you . . .                        Mail to . . .
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Are applying for re-registration and     U.S. Postal Service: U.S.
 you live in the following states/        Citizenship and Immigration
 territories: Alabama, Alaska, American   Services, Attn: TPS El
 Samoa, Arkansas, Colorado, Guam,         Salvador, P.O. Box 660864,
 Hawaii, Idaho, Iowa, Kansas,             Dallas, TX 75266.
 Louisiana, Minnesota, Mississippi,      Non-U.S. Postal Delivery
 Missouri, Montana, Nebraska, New         Service: U.S. Citizenship and
 Mexico, New York, North Dakota,          Immigration Services, Attn:
 Northern Mariana Islands, Oklahoma,      TPS El Salvador, 2501 S. State
 Puerto Rico, South Dakota, Tennessee,    Highway, 121 Business Suite
 Texas, Utah, Virgin Islands,             400, Lewisville, TX 75067.
 Wisconsin, Wyoming.
Are applying for re-registration and     U.S. Postal Service: U.S.
 you live in the following states/        Citizenship and Immigration
 territories: Connecticut, Delaware,      Services, Attn: TPS El
 Florida, Georgia, Illinois, Indiana,     Salvador, P.O. Box 8635,
 Kentucky, Maine, Maryland,               Chicago, IL 60680-8635.
 Massachusetts, Michigan, New            Non-U.S. Postal Delivery
 Hampshire, New Jersey, North Carolina,   Service: U.S. Citizenship and
 Ohio, Pennsylvania, Rhode Island,        Immigration Services, Attn:
 South Carolina, Vermont, Virginia,       TPS El Salvador, 131 S.
 Washington, DC, West Virginia.           Dearborn--3rd Floor, Chicago,
                                          IL 60603-5517.
Are applying for re-registration and     U.S. Postal Service: U.S.
 you live in the following states:        Citizenship and Immigration
 Arizona, California, Nevada, Oregon,     Services, Attn: TPS El
 Washington.                              Salvador, P.O. Box 21800,
                                          Phoenix, AZ 85036.
                                         Non-U.S. Postal Delivery
                                          Service: U.S. Citizenship and
                                          Immigration Services, Attn:
                                          TPS El Salvador, 1820 E.
                                          Skyharbor Circle S, Suite 100,
                                          Phoenix, AZ 85034.
Are applying for the first time as a     U.S. Postal Service: U.S.
 late initial registration (this is for   Citizenship and Immigration
 all states/territories).                 Services, Attn: TPS El
                                          Salvador, P.O. Box 8635,
                                          Chicago, IL 60680-8635.
                                         Non-U.S. Postal Delivery
                                          Service: U.S. Citizenship and
                                          Immigration Services, Attn:
                                          TPS El Salvador, 131 S.
                                          Dearborn--3rd Floor, Chicago,
                                          IL 60603-5517.
------------------------------------------------------------------------

    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 
``El Salvador.''

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 September 5, 2018, using this Federal Register notice?

    Yes. Provided that you currently have an El Salvador TPS-based EAD, 
this Federal Register notice automatically extends your EAD by 180 days 
(through September 5, 2018) if you:
     Are a national of El Salvador (or an alien having no 
nationality who last habitually resided in El Salvador);
     Have an EAD with a marked expiration date of March 9, 
2018, bearing the notation A-12 or C-19 on the face of the card under 
Category.
    Although this Federal Register notice automatically extends your 
EAD through September 5, 2018, you must re-register timely for TPS in 
accordance with the procedures described in this Federal Register 
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

[[Page 2658]]

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' 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 March 9, 2018, and states A-12 or C-19 under 
Category, it has been extended automatically for 180 days by virtue of 
this Federal Register notice and you may choose to present this Notice 
along with your EAD to your employer as proof of identity and 
employment eligibility for Form I-9 through September 5, 2018, unless 
your TPS has been withdrawn or your request for TPS has been denied. If 
you properly filed for a new EAD in accordance with this Notice, you 
will also receive Form I-797C, Notice of Action that will state your 
current A-12 or C-19 coded EAD is automatically extended for 180 days. 
You may choose to present your EAD to your employer together with this 
Form I-797C as a List A document that provides evidence of your 
identity and employment authorization for Form I-9 through September 5, 
2018, unless your TPS has been withdrawn or your request for TPS has 
been 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 your EAD has been automatically 
extended through September 5, 2018. You may also provide your employer 
with a copy of this Federal Register notice, which explains that your 
EAD has been 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 your EAD has been automatically extended, your employer 
will need to ask you about your continued employment authorization no 
later than before you start work on March 10, 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 employment authorization has 
been automatically extended?'' for further information. You may show 
this Federal Register notice to your employer to explain what to do for 
Form I-9 and to show that your EAD has been automatically extended 
through September 5, 2018. 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 your Form I-765 to obtain a new 
EAD, you will receive a Form I-797C, Notice of Action. Form I-797C 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 that the validity of your EAD has been 
automatically extended through September 5, 2018, unless your TPS has 
been withdrawn or your request for TPS has been denied. To reduce the 
possibility of gaps in your employment authorization documentation, you 
should file your Form I-765 to request a new EAD as early as possible 
during the re-registration period.
    The last day of the automatic EAD extension is September 5, 2018. 
Before you start work on September 6, 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 September 6, 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' I-9 Central web page at 
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 Salvadoran 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 Salvadoran 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 Federal Register 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 employment authorization for 
a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before September 6, 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 September 
5, 2018, the automatically extended EAD expiration date as the 
``expiration date, if applicable, mm/dd/yyyy''; and

[[Page 2659]]

    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 March 9, 2018 expiration date;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Insert September 5, 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 or expiring 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 withdrawn or your request 
for TPS has been denied, this document combination is considered an 
unexpired EAD 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 September 5, 2018, the date that is 180 days from the 
date the current EAD expires. Before the start of work on September 6, 
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 employment authorization 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 re-inspect your current EAD if they do not have a 
copy of the EAD on file. You may, 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 September 5, 2018, the date that is 180 days from the date 
your current EAD expires above the previous date (March 9, 2018); 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
     Has an expiration date of March 9, 2018.
    b. Draw a line through the expiration date written in Section 2;
    c. Write September 5, 2018, the date that is 180 days from the date 
the employee's current EAD expires above the previous date (March 9, 
2018); and
    d. Initial and date the correction in the Additional Information 
field in 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 September 5, 2018, the date that is 180 days from the date 
the employee's current EAD expires above the previous date (March 9, 
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 September 6, 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 bearing the expiration date March 9, 2018, or the Form I-797C 
receipt information provided on Form I-9. In either case, the receipt 
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 such an employee 
starts to work on September 6, 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 Federal Register 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). The IER 
offers language interpretation in numerous

[[Page 2660]]

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 Employment Eligibility Verification (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 
an employee's 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 because of 
the TNC while 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 Notice of Action (Form I-797C), the notice of 
receipt, for your application to renew your current EAD providing an 
automatic extension of your currently expired or expiring EAD;
    (3) A copy of your Notice of Action (Form I-797C), the notice of 
receipt, for your Application for Temporary Protected Status for this 
re-registration; and
    (4) A copy of your Notice of Action (Form I-797), the notice of 
approval, for a past or current Application for Temporary Protected 
Status, 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. 2018-00885 Filed 1-17-18; 8:45 am]
 BILLING CODE 9111-97-P