Filing Procedures for Employment Authorization and Automatic Extension of Existing Employment Authorization Documents for Eligible Liberians Before Period of Deferred Enforced Departure Ends, 13767-13771 [2018-06659]

Agencies

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

[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13767-13771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06659]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services


Filing Procedures for Employment Authorization and Automatic 
Extension of Existing Employment Authorization Documents for Eligible 
Liberians Before Period of Deferred Enforced Departure Ends

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security (DHS).

ACTION: Notice.

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SUMMARY: On March 27, 2018, President Trump issued a memorandum to the 
Secretary of Homeland Security (Secretary), Kirstjen M. Nielsen, 
directing her to implement for eligible Liberians a 12-month deferred 
enforced departure (DED) wind-down period and to provide for work 
authorization through March 31, 2019, upon which date DED will end. 
This 12-month transitional period of DED will allow impacted 
individuals to arrange for their departure from the United States. This 
Notice automatically extends DED-related employment authorization 
documents (EADs) that have a printed expiration date of March 31, 2018, 
for an additional 6 months through September 30, 2018, for eligible 
Liberians. This Notice also provides instructions for eligible 
Liberians on how to apply for the full 12-month period of employment 
authorization, through March 31, 2019. USCIS will issue new employment 
authorization documents (EADs) with a March 31, 2019 expiration date to 
eligible Liberians who are covered by DED under the Presidential 
Memorandum of March 27, 2018, and who apply for a new EAD. Given the 
timeframes involved with processing EAD applications, DHS recognizes 
that not all DED-eligible Liberians will receive new EADs before their 
current EADs expire on March 31, 2018. Accordingly, through this 
Notice, DHS also automatically extends the validity of DED-related EADs 
for 6 months, through September 30, 2018, and explains how Liberians 
covered under DED and their employers may determine which EADs are 
automatically extended and how this impacts the Employment Eligibility 
Verification (Form I-9) and E-Verify processes.

DATES: The 12-month transitional DED period ends on March 31, 2019. The 
6-month automatic extension of DED-related EADs, as specified in this 
Notice, expires on September 30, 2018.

FOR FURTHER INFORMATION CONTACT: 
     For further information on DED, including additional 
information on eligibility, please visit the USCIS DED web page at 
https://www.uscis.gov/humanitarian/temporary-protected-status/deferred-enforced-departure. You can find specific information about DED for 
Liberians by selecting ``DED Granted Country: Liberia'' from the menu 
on the left of the DED web page.
     You can also contact Samantha Deshommes, Chief, Regulatory 
Coordination Division, Office of Policy and Strategy, U.S. Citizenship 
and

[[Page 13768]]

Immigration Services, Department of Homeland Security, 20 Massachusetts 
Avenue NW, Washington, DC, 20529-2060; or by phone at 800-375-5283.

    Note:  The phone number provided here is solely for questions 
regarding this Notice. It is not for individual case status 
inquiries.

     If you have additional questions about DED, please visit 
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of 
your questions and point you to additional information on our website. 
If you are unable to find your answers there, you may also reach out to 
our USCIS Contact Center at 1-800-375-5283 (TTY 1-800-767-1833). 
Service is available in English and Spanish.
     Applicants seeking information about the status of their 
individual cases can check Case Status Online, available at the USCIS 
website at https://www.USCIS.gov, or call the USCIS Contact Center at 1-
800-375-5283.
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations

DED--Deferred Enforced Departure
DHS--Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
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

Presidential Memorandum Extending DED for Eligible Liberians

    Pursuant to the President's constitutional authority to conduct the 
foreign relations of the United States, President Trump has concluded 
that foreign policy considerations do not warrant a further extension 
of DED for Liberians. However, the President determined that foreign 
policy interests of the United States warrant affording a 12-month 
wind-down period to Liberian DED beneficiaries. The President concluded 
that the wind-down period is appropriate to provide Liberia's 
government with time to reintegrate its returning citizens and to allow 
DED beneficiaries who are not eligible for other forms of immigration 
relief to make necessary arrangements and to depart the United States. 
The President accordingly directed that current Liberian DED 
beneficiaries who remain eligible for DED be provided DED for a 12-
month wind-down period in order to transition and depart the United 
States. Note that DED only applies to individuals who have continuously 
resided in the United States since October 1, 2002, and who held 
Temporary Protected Status (TPS) on September 30, 2007, the date that a 
former TPS designation of Liberia terminated. The 12-month transitional 
period will permit individuals covered by DED to arrange for their 
departure, or seek an alternative lawful immigration status in the 
United States, if eligible, before DED ends on March 31, 2019. See 
Presidential Memorandum for the Secretary of State and the Secretary of 
Homeland Security (Mar. 27, 2018), available at https://www.whitehouse.gov/presidential-actions/presidential-memorandum-secretary-state-secretary-homeland-security/. The President also 
directed the Secretary to implement the necessary steps to authorize 
employment authorization for eligible Liberians for 12 months, through 
March 31, 2019.

Employment Authorization and Filing Requirements

How will I know if I am eligible for employment authorization under the 
Presidential Memorandum that provided a 12-month transitional DED 
period for eligible Liberians?

    The procedures for employment authorization in this Notice apply 
only to individuals who are Liberian nationals (and persons without 
nationality who last habitually resided in Liberia) who:
     Have continuously resided in the United States since 
October 1, 2002; and
     Are current Liberian DED beneficiaries.
    The above eligibility criteria are described in the Presidential 
Memorandum. Only individuals who held TPS on September 30, 2007, the 
date that a former TPS designation of Liberia terminated, are eligible 
for DED under this extension, provided they have continued to meet all 
other eligibility criteria established by the President. This DED 
extension does not include any individual:
     Who would be ineligible for TPS for the reasons set forth 
in section 244(c)(2)(B) of the Immigration and Nationality Act, 8 
U.S.C. 1254a(c)(2)(B);
     Whose removal the Secretary determines is in the interest 
of the United States;
     Whose presence or activities in the United States the 
Secretary of State has reasonable grounds to believe would have 
potentially serious adverse foreign policy consequences for the United 
States;
     Who has voluntarily returned to Liberia or his or her 
country of last habitual residence outside the United States;
     Who was deported, excluded, or removed prior to March 27, 
2018; or
     Who is subject to extradition.

What will I need to file if I am covered by DED and would like to have 
evidence of employment authorization?

    If you are covered under DED for Liberia, and would like to 
maintain evidence of your employment authorization throughout the 12-
month transitional period of DED, you must apply for an EAD by filing 
an Application for Employment Authorization (Form I-765). USCIS will 
begin accepting these applications on March 30, 2018. Although this 
Notice automatically extends DED-related EADs that have a printed 
expiration date of March 31, 2018, for an additional 6 months through 
September 30, 2018, if you would like evidence of your continued 
employment authorization through March 31, 2019, you must file an 
Application for Employment Authorization (Form I-765) as soon as 
possible to avoid gaps in evidence of work authorization. Please 
carefully follow the Application for Employment Authorization (Form I-
765) instructions when completing the application for an EAD. When 
filing the Application for Employment Authorization (Form I-765), you 
must:
     Indicate that you are eligible for DED by putting 
``(a)(11)'' in response to Question 16 on Application for Employment 
Authorization (Form I-765);
     Include a copy of your last Notice of Action (Form I-797) 
showing that you were approved for TPS as of September 30, 2007, if 
such copy is available. Please note that evidence of TPS as of 
September 30, 2007, is necessary to show that you were covered under 
the previous DED for Liberia through March 31, 2018; and
     Submit the fee for the Application for Employment 
Authorization (Form I-765).
    The regulations require individuals covered under DED who request 
an EAD to pay the fee prescribed in 8 CFR 103.7 for the Application for 
Employment Authorization (Form I-765). See also 8 CFR 274a.12(a)(11) 
(employment authorization for DED-covered aliens); and 8 CFR 274a.13(a) 
(requirement to file EAD application if EAD desired). If you are unable 
to pay the fee, you may apply for an application fee waiver by 
completing a Request for Fee Waiver

[[Page 13769]]

(Form I-912) or submitting a personal letter requesting a fee waiver, 
and providing satisfactory supporting documentation.

How will I know if USCIS will need to obtain biometrics?

    If biometrics are required to produce the secure EAD, you will be 
notified by USCIS and scheduled for an appointment at a USCIS 
Application Support Center.

Where do I submit my completed Application for Employment Authorization 
(Form I-765)?

    Mail your completed Application for Employment Authorization (Form 
I-765) and supporting documentation 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: DED Liberia, P.O.
 Postal Service.                          Box 6943, Chicago, IL 60680-
                                          6943.
You are using a non-U.S. Postal Service  USCIS, Attn: DED Liberia, 131
 delivery service.                        S. Dearborn 3rd Floor,
                                          Chicago, IL 60603-5517.
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Can I file my Application for Employment Authorization (Form I-765) 
electronically?

    No. Electronic filing is not available when filing Application for 
Employment Authorization (Form I-765) based on DED.

May I request an interim EAD at my local USCIS office?

    No. USCIS will not issue interim EADs to individuals eligible for 
DED under the Presidential Memorandum at local offices.

Am I eligible to receive an automatic 6-month extension of my current 
EAD through September 30, 2018?

    You are eligible for an automatic 6-month extension of your EAD if 
you are a national of Liberia (or a person having no nationality who 
last habitually resided in Liberia), you are currently covered by 
Liberian DED, and you are within the class of persons approved for DED 
by the President.
    This automatic extension covers EADs (Forms I-766) bearing an 
expiration date of March 31, 2018. These EADs must also bear the 
notation ``A-11'' on the face of the card under ``Category.''

When hired, what documentation may I show to my employer as proof of 
employment authorization and identity when completing Employment 
Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Form I-9. You can find additional 
detailed information on the USCIS I-9 Central web page at https://www.uscis.gov/I-9Central. Employers are required to verify the identity 
and employment authorization of all new employees by using Form I-9. 
Within 3 days of hire, an employee must present proof of identity and 
employment authorization to his or her employer.
    From the Lists of Acceptable Documents, you may present any 
document from List A (reflecting both your identity and employment 
authorization), or one document from List B (reflecting identity) 
together with one document from List C (reflecting employment 
authorization). You may also present an acceptable receipt for List A, 
List B, or List C documents as described in the Form I-9 Instructions. 
An EAD is considered an acceptable document under List A. Employers may 
not reject a document based on a future expiration date.
    If your EAD has an expiration date of March 31, 2018, and states 
``A-11'' under ``Category,'' it has been extended automatically for 6 
months consistent with the President's directive and the issuance of 
this Federal Register Notice. You may choose to present your EAD to 
your employer as proof of identity and employment authorization for 
Form I-9 through September 30, 2018. (See the subsection titled ``How 
do my employer and I complete the Employment Eligibility Verification 
(Form I-9) using an automatically extended EAD for a new job?'' for 
further information). To minimize confusion over this extension at the 
time of hire, you may also show your employer a copy of this Federal 
Register Notice confirming the extension of your employment 
authorization through September 30, 2018.

What documentation may I show my employer if I am already employed but 
my current DED-related EAD is set to expire?

    Even though EADs with an expiration date of March 31, 2018, that 
state ``A-11'' under ``Category'' have been automatically extended for 
6 months by virtue of this Federal Register Notice, your employer is 
required by law to ask you about your continued employment 
authorization by September 30, 2018, to meet its responsibilities for 
Form I-9 compliance. You should explain to your employer that USCIS has 
automatically extended your EAD through September 30, 2018. Your 
employer may need to reinspect your automatically extended EAD to check 
the expiration date and category and to record the updated expiration 
date on your Form I-9 if he or she did not keep a copy of this EAD when 
you initially presented it. However, your employer does not need a new 
document to reverify your employment authorization until September 30, 
2018, the expiration date of the automatic extension. Instead, you may 
and your employer should make corrections to the employment 
authorization expiration dates in Section 1 and Section 2 of Form I-9 
(see the subsection titled ``What corrections should my current 
employer and I make to Employment Eligibility Verification (Form I-9) 
if my EAD has been automatically extended?'' for further information). 
In addition, you may also show this Federal Register Notice to your 
employer to explain what to do for Form I-9.
    Your employer must reverify your employment authorization no later 
than the date your work authorization expires on September 30, 2018 
(the expiration date of the automatic extension). At that time, you 
must present any document from List A or any document from List C on 
Form I-9 to reverify employment authorization, or an acceptable List A 
or List C receipt described in the Form I-9 Instructions. Your employer 
should complete either Section 3 of the Form I-9 originally completed 
for you or, if this Section has already been completed or if the 
version of Form I-9 has expired (check the date in the upper right-hand 
corner of the form), complete Section 3 of a new Form I-9 of the most 
current version. Note that employers may not specify which List A or 
List C document employees must present, and cannot reject an acceptable 
receipt.

Can my employer require that I produce any other documentation to prove 
my status, such as proof of my Liberian citizenship?

    No. When completing Form I-9, including re-verifying 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 may not request additional documentation 
that does not appear on the Lists of Acceptable Documents. Therefore, 
employers may

[[Page 13770]]

not request proof of Liberian citizenship when completing Form I-9 for 
new hires, making corrections, or reverifying the employment 
authorization of current employees. If presented with EADs that have 
been automatically extended, employers should accept such EADs as valid 
List A documents so long as the EADs reasonably appear to be genuine 
and to relate to the employee. Refer to the Note to Employees section 
of this Notice for important information about your rights if your 
employer rejects lawful documentation, requires additional 
documentation, or otherwise discriminates against you based on your 
citizenship or immigration status, or your national origin.

What happens after September 30, 2018, for purposes of employment 
authorization?

    After September 30, 2018, employers may no longer accept the EADs 
that were issued under the previous DED extension of Liberia that this 
Federal Register Notice automatically extended. Before that time, 
however, USCIS will endeavor to issue new EADs to eligible individuals 
covered by DED who request them. These new EADs will have an expiration 
date of March 31, 2019, and can be presented to your employer for 
completion of Employment Eligibility Verification (Form I-9). 
Alternatively, you may choose to present any other legally acceptable 
document or combination of documents listed on the Lists of Acceptable 
Documents for Employment Eligibility Verification (Form I-9).

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

    When using an automatically extended EAD to complete Form I-9 for a 
new job on or before September 30, 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 
30, 2018, as the expiration date; and
    b. Write your Alien Registration Number/USCIS 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 6 months by ensuring 
it is in category A-11 and has a March 31, 2018 expiration date;
    b. Write in the Document Title;
    c. Enter the issuing Authority;
    d. Provide the Document Number; and
    e. Insert September 30, 2018, the automatically extended EAD 
expiration date.
    No later than the date work authorization expires on September 30, 
2018, employers are required by law to reverify the employee's 
employment authorization in Section 3 of Form I-9.

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

    If you are an existing employee who presented a DED-related EAD 
that was valid when you first started your job, but that EAD has now 
been automatically extended, your employer may need to reinspect your 
automatically extended EAD if your employer does not have a copy of the 
EAD on file. You may and your employer should correct your previously 
completed Form I-9 as follows:
    1. For Section 1, you should:
    a. Draw a line through the expiration date;
    b. Write ``September 30, 2018'' above the previous date;
    c. Write ``DED Ext.'' in the margin of Section 1; and
    d. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 6 months by ensuring:
     It is in category A-11; and
     Has an expiration date of September 30, 2018.
    b. Draw a line through the expiration date written in Section 2;
    c. Write ``September 30, 2018'' above the previous date;
    d. Write ``DED Ext.'' in the margin or Additional Information field 
in Section 2; and
    e. Initial and date the correction in the margin or Additional 
Information field in Section 2.
    No later than the date work authorization expires on September 30, 
2018, employers are required by law to reverify the employee's 
employment authorization in Section 3.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiring'' alert for an automatically 
extended EAD?

    E-Verify has automated the verification process for employees whose 
DED was automatically extended in a Federal Register Notice. If you 
have an employee covered under DED who provided a DED-related EAD when 
he or she first started working for you, you may receive a ``Work 
Authorization Documents Expiring'' case alert when the auto-extension 
period for this EAD is about to expire. No later than the date work 
authorization expires on September 30, 2018, you are required by law to 
reverify employment authorization in Section 3 of Form I-9. 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 at [email protected]. Calls are accepted in English, Spanish and 
many other languages upon request. Employees or applicants may also 
call the IER Worker Information Hotline at 800-255-7688 (TTY 800-237-
2515) for information regarding employment discrimination based upon 
citizenship, immigration status, or national origin, including 
discrimination related to Form I-9 and E-Verify. The IER Worker 
Information 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,

[[Page 13771]]

or an acceptable List A, List B, or List C receipt described in the 
Form I-9 Instructions. Employers may not require extra or additional 
documentation beyond what is required for Form I-9 completion. Further, 
employers participating in E-Verify who receive an E-Verify case result 
of ``Tentative Nonconfirmation'' (TNC) must promptly inform employees 
of the TNC and give such employees an opportunity to contest the TNC. A 
TNC case result means that the information entered into E-Verify from 
Form I-9 differs from Federal or State government records.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against an employee based on the 
employee's decision to contest a TNC or because the case is still 
pending with E-Verify. A case result of Final Nonconfirmation (FNC) is 
received when E-Verify cannot confirm 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 is at 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 covered by DED 
and/or show you are authorized to work based on DED. Examples are:
    (1) Your unexpired EAD that has been automatically extended, or 
your EAD that has not expired;
    (2) A copy of this Federal Register Notice if your EAD is 
automatically extended under this Notice;
    (3) A copy of your past Application for Temporary Protected Status 
Notice of Action (Form I-797), if you received one from USCIS, coupled 
with a copy of the Presidential Memorandum extending DED for Liberians; 
and/or
    (4) If there is an automatic extension of work authorization, a 
print-out from the USCIS DED website that provides information on the 
automatic extension.
    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 Program (SAVE) to 
confirm the current immigration status of applicants for public 
benefits. 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 
and fast service that lets you follow the progress of your SAVE 
verification using your date of birth and one immigration identifier 
number. If such 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 or make 
an appointment can be found at the SAVE website at https://www.uscis.gov/save, then by choosing ``For Benefit Applicants'' from 
the menu on the left and then selecting ``Questions about Your 
Records?''
Travel Authorization and Advance Parole
    Individuals covered under DED who would like to travel outside of 
the United States must apply for and receive advance parole by filing 
an Application for Travel Document (Form I-131) with required fee 
before departing from the United States. See 8 CFR 223.2(a). DHS has 
the discretion to determine whether to grant advance parole and cannot 
guarantee advance parole in all cases. In addition, possession of an 
advance parole document does not guarantee that you will be permitted 
to re-enter the United States, as that is a decision that will be made 
by an immigration officer at the port of entry upon your return. If you 
seek advance parole to travel to Liberia or to your country of last 
habitual residence outside the United States, you will risk being found 
ineligible to re-enter the United States under DED because the 
Presidential Memorandum excludes persons ``who have voluntarily 
returned to Liberia or their country of last habitual residence outside 
the United States.''

Tracy Renaud,
Acting Deputy Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2018-06659 Filed 3-29-18; 8:45 am]
 BILLING CODE 9111-97-P