Termination of the Designation of Honduras for Temporary Protected Status, 26074-26080 [2018-12161]
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Program changes require a revision of
the existing collection. These changes
include: Updating the title of the
collection and updates to the form itself
and reflects the potential for increased
sponsorship and associated
justifications articulated in section 229
of the Homeland Security Act of 2002
and Presidential direction through the
2013 and 2015 Executive Orders.
The form will accommodate an
increase in potential sponsorships and
be used by additional programs in the
same manner to sponsor private sector
entities and individuals for security
clearances. The additional sponsorships
and programs will increase the burden
totals by 360 responses, 60 burden
hours, and $6,155 annual burden cost.
For current programs using the form, the
burden estimates have decreased by 200
responses, 33 burden hours and $706
annual burden cost based on actual
responses received. As a result, the total
burden estimates will increase overall
by 160 responses, 27 burden hours,
$5,448 annual burden costs.
The changes to the form itself include:
Updating the title; adding a program
type field, adding justification guidance
to the back of the form, and updating
the wording of the field titles and
instructions to improve clarity. A
redlined mockup of the form changes
will be included as a supplement to this
supporting statement. The changes to
the form itself will not change the
burden estimates as the only field being
added is an open text field to
distinguish the justification for the
nomination.
The annual government cost for the
collection has increased by $91,998,
from $150,852 to $242,850, due to
updated wage rates.
This ICR was previously published at
83 FR 4670 for 60-day comment, and
NPPD is soliciting public comment for
another 30 days. OMB is particularly
interested in comments that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
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technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Title of Collection: Private Sector
Clearance Program Request Form.
OMB Control Number: 1670–0013.
Frequency: Annually.
Affected Public: Private and Public
Sector.
Number of Respondents: 660
respondents.
Estimated Time per Respondent: 10
minutes.
Total Burden Hours: 110 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintaining): $0.
Total Recordkeeping Burden: $0.
David Epperson,
Chief Information Officer.
[FR Doc. 2018–11966 Filed 6–4–18; 8:45 am]
BILLING CODE 9110–9P–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2623–18; DHS Docket No. USCIS–
2014–0007]
RIN 1615–ZB75
Termination of the Designation of
Honduras for Temporary Protected
Status
U.S. Citizenship and
Immigration Services, U.S. Department
of Homeland Security.
ACTION: Notice.
AGENCY:
The designation of Honduras
for Temporary Protected Status (TPS) is
set to expire on July 5, 2018. After
reviewing country conditions and
consulting with appropriate U.S.
Government agencies, the Secretary of
Homeland Security has determined that
because conditions in Honduras no
longer support its designation for TPS,
termination of the TPS designation of
Honduras is required by statute. To
provide time for an orderly transition,
the Secretary is terminating the
designation effective on January 5, 2020,
which is 18 months following the end
of the current designation.
Nationals of Honduras (and aliens
having no nationality who last
habitually resided in Honduras) who
have been granted TPS and would like
to maintain their TPS and receive TPSbased Employment Authorization
Documents (EAD) valid through January
SUMMARY:
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5, 2020, must re-register for TPS in
accordance with the procedures set
forth in this Notice. After January 5,
2020, nationals of Honduras (and aliens
having no nationality who last
habitually resided in Honduras) who
have been granted TPS under the
Honduras designation will no longer
have TPS.
DATES: The designation of Honduras for
TPS is terminated effective at 11:59
p.m., local time, on January 5, 2020. The
60-day re-registration period runs from
June 5, 2018 through August 6, 2018.
(Note: It is important for re-registrants to
timely re-register during this 60-day
period.)
FOR FURTHER INFORMATION CONTACT:
• You may contact Samantha
Deshommes, Chief, Regulatory
Coordination Division, Office of Policy
and Strategy, U.S. Citizenship and
Immigration Services, U.S. Department
of Homeland Security, 20 Massachusetts
Avenue NW, Washington, DC 20529–
2060; or by phone at 800–375–5283.
• For further information on TPS,
including guidance on the reregistration 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 Honduras’s TPS by
selecting ‘‘Honduras’’ from the menu on
the left side of the TPS web page.
• If you have additional questions
about Temporary Protected Status,
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 call our
USCIS Contact Center at 800–375–5283.
• Applicants seeking information
about the status of their individual cases
may check Case Status Online, available
on the USCIS website at https://
www.uscis.gov, or call the USCIS
Contact 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
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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 Honduras (or aliens having
no nationality who last habitually
resided in Honduras) to re-register for
TPS and to apply for renewal of their
EADs with USCIS. Re-registration is
limited to persons who have previously
registered for TPS under the designation
of Honduras and whose applications
have been granted.
For individuals who have already
been granted TPS under Honduras’s
designation, the 60-day re-registration
period runs from June 5, 2018 through
August 6, 2018. USCIS will issue new
EADs with a January 5, 2020 expiration
date to eligible Honduran TPS
beneficiaries who timely re-register and
apply for EADs. Given the timeframes
involved with processing TPS reregistration applications, DHS
recognizes that not all re-registrants will
receive new EADs before their current
EADs expire on July 5, 2018.
Accordingly, through this Federal
Register notice, DHS automatically
extends the validity of EADs issued
under the TPS designation of Honduras
for 180 days, through January 1, 2019.
Additionally, individuals who have
EADs with an expiration date of January
5, 2018, and who applied for a new EAD
during the last re-registration period but
have not yet received their new EADs
are also covered by this automatic
extension. These individuals may show
their EAD indicating a January 5, 2018
expiration date and their EAD
application receipt (Notice of Action,
Form I–797C) that notes the application
was received on or after December 15,
2017, to employers as proof of
continued employment authorization
through January 1, 2019. 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
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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:
Æ 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
Æ Any other lawfully obtained
immigration status or category they
received while registered for TPS, as
long as it is still valid beyond the date
TPS terminates.
When was Honduras designated for
TPS?
On January 5, 1999, former Attorney
General Janet Reno designated
Honduras for TPS based on an
environmental disaster within that
country, specifically the severe flooding
and associated damage from Hurricane
Mitch, which struck Honduras in
October 1998. See Designation of
Honduras Under Temporary Protected
Status, 64 FR 524 (Jan. 5, 1999). The
designation has been continuously
extended since its initial designation.
Most recently, on November 6, 2017,
former Acting Secretary Duke
announced that she had not made a
decision on Honduras’s TPS designation
by the statutory deadline, resulting in an
automatic 6-month extension of the
designation, through July 5, 2018. See
DHS Press Release, Acting Secretary
Elaine Duke Announcement on
Temporary Protected Status for
Nicaragua and Honduras (Nov. 6, 2017),
available at https://www.dhs.gov/news/
2017/11/06/acting-secretary-elaineduke-announcement-temporaryprotected-status-nicaragua-and; see also
Extension of the Designation of
Honduras for Temporary Protected
Status, 82 FR 59630 (Dec. 15, 2017).
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What authority does the Secretary have
to terminate the designation of
Honduras 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).
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’s TPS 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 Honduras as of
January 5, 2020?
DHS has reviewed conditions in
Honduras. Based on the review, which
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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considered 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 Honduras’s 1999 designation
for TPS on the basis of environmental
disaster due to the damage caused by
Hurricane Mitch in October 1998 are no
longer met. Recovery and reconstruction
efforts relating to Hurricane Mitch have
largely been completed. The social and
economic conditions affected by the
hurricane have stabilized, and people
are able to conduct their daily activities
without impediments directly related to
damage from the hurricane. Honduras
has, however, experienced some
negative environmental conditions
unrelated to Hurricane Mitch over the
intervening years. Despite ongoing
challenges relating to coffee rust, coffee
bean production is up and Honduras is
currently the third largest Arabica
producer in the world. In 2017
Honduras was devastated by a pine
beetle plague but the Government of
Honduras took aggressive steps to stem
the invasion. Drought conditions
Honduras has previously dealt with are
not currently impacting the country,
with USAID reporting as of January
2018 that sufficient seasonal rainfall had
led to higher agricultural production
compared to recent years and an
increase in employment opportunities,
resulting in improvements in the food
security situation in many parts of the
country. While some housing issues
remain, recent construction figures
show sustained growth in 2017, with
residential projects growing by 10%
with respect to 2016, and commercial
projects growing by 18% over the same
period. Additionally, Honduras has
been regularly accepting the return of its
nationals with final removal orders over
the last five years. From fiscal year 2013
to fiscal year 2016, DHS removed
120,047 individuals to Honduras. In
fiscal year 2017, DHS removed 22,381
Honduran nationals. As of May 2, 2018,
in fiscal year 2018 DHS has removed
13,800 Honduran nationals.
Following Hurricane Mitch, Honduras
received a significant amount of
international aid to assist in its recovery
efforts and to fund reconstruction
projects. Accordingly, many
reconstruction projects have now been
completed. Reconstruction programs
have helped to address Honduras’s
ongoing housing shortage and improve
infrastructure, in particular, roads and
bridges. Schools and health centers
damaged by the hurricane have also
been repaired or rebuilt and reopened.
Additionally, Honduras’s economy is
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steadily improving. The Honduran
economy grew by 3.7% in 2016, and its
Gross Domestic Product (GDP) annual
growth rate is projected to trend around
4.90% by the end of the first quarter of
2018. The GDP in Honduras averaged
$5.69 billion (USD) from 1960 until
2016, reaching an all-time high of
$21.52 billion in 2016. The Honduran
Government estimated that the
country’s unemployment rate was 7.4%
in 2016.
DHS estimates that there are
approximately 86,000 nationals of
Honduras (and aliens having no
nationality who last habitually resided
in Honduras) who hold TPS under
Honduras’s designation.
Notice of Termination of the TPS
Designation of Honduras
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
Honduras 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 sections 244(b)(3)(B) and
244(d)(3) of the Immigration and Nationality
Act, the designation of Honduras for TPS is
terminated effective at 11:59 p.m., local time,
on January 5, 2020, which is 18 months
following the end of the current designation,
in order to provide for an orderly transition.
(2) Information concerning the termination
of TPS for nationals of Honduras (and aliens
having no nationality who last habitually
resided in Honduras) will be available at
local USCIS offices upon publication of this
Notice and through the USCIS Contact 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 Honduras, you must
submit an Application for Temporary
Protected Status (Form I–821). You are
not required 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
Honduras with the expiration date of
July 5, 2018, is automatically extended
for 180 days, through January 1, 2019.
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However, if you want to obtain a new
EAD valid through January 5, 2020, you
must file an Application for
Employment Authorization (Form I–
765) and pay the Form I–765 fee (or
request a fee waiver). 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.
Additionally, individuals who have
EADs with an expiration date of January
5, 2018, and who applied for a new EAD
during the last re-registration period but
have not yet received their new EADs
are also covered by this automatic
extension through January 1, 2019. You
do not need to apply for a new EAD in
order to benefit from this 180-day
automatic extension. If you have a Form
I–821 and/or Form I–765 that was still
pending as of June 5, 2018, then you do
not need to file either application again.
If your pending TPS application is
approved, you will be granted TPS
through January 5, 2020. Similarly, if
you have a pending TPS-related
application for an EAD that is approved,
it will be valid through the same date.
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 January
1, 2019. 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 January 1,
2019.
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
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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
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.
26077
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
If you . . .
Mail your application to:
Are re-registering for TPS and you are using the U.S. Postal Service to mail your package;
or
Were granted TPS by an immigration judge or the Board of Immigration Appeals, and you
wish to request an EAD;
or
You are re-registering for the first time after an immigration judge or the Board of Immigration Appeals granted you TPS and you are using the U.S. Postal Service to mail
your package.
U.S. Citizenship and Immigration Services, Attn:
TPS Honduras, P.O. Box 6943, Chicago, IL
60680–6943.
Are using a non-U.S. Postal Service delivery service to mail your package (for re-registrations).
U.S. Citizenship and Immigration Services, Attn:
TPS Honduras, 131 S Dearborn—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 reregistering 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 reregistering and requesting an EAD based
on an IJ/BIA grant of TPS, please
include a copy of the IJ or BIA order
granting you TPS with your application.
This will help us to verify your grant of
TPS and process your application.
Supporting Documents
The filing instructions on the Form I–
821 list all the documents needed to
establish eligibility for TPS. You may
also find information on the acceptable
documentation and other requirements
for applying or registering for TPS on
the USCIS website at www.uscis.gov/tps
under ‘‘Honduras.’’
Employment Authorization Document
(EAD)
How can I obtain information on the
status of my EAD request?
To get case status information about
your TPS application, including the
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status of an EAD request, you can check
Case Status Online at https://
www.uscis.gov, or call the USCIS
National Contact 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 Contact Center for assistance
before making an InfoPass appointment.
Am I eligible to receive an automatic
extension of my current EAD through
January 1, 2019, using this Federal
Register notice?
Yes. Provided that you currently have
a Honduras TPS-based EAD, this
Federal Register notice automatically
extends your EAD through January 1,
2019, if you:
• Are a national of Honduras (or have
no nationality and last habitually
resided in Honduras); and either,
• Have an EAD with a marked
expiration date of July 5, 2018, bearing
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the notation A–12 or C–19 on the face
of the card under Category, or
• 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
you applied for a new EAD during the
last re-registration period but have not
yet received a new EAD.
Although this Federal Register notice
automatically extends your EAD
through January 1, 2019, you must reregister 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
must present acceptable documents to
their employers as evidence of identity
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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 July 5, 2018, or
January 5, 2018 (and you applied for a
new EAD during the last re-registration
period but have not yet received a new
EAD), 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 January
1, 2019, unless your TPS has been
withdrawn or your request for TPS has
been denied. If you have an EAD with
a marked expiration date of July 5, 2018,
and 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
January 1, 2019, 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 January 1, 2019. 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
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B and one selection from List C, or a
valid receipt.
What documentation may I present to
my employer for Employment Eligibility
Verification (Form I–9) if I am already
employed but my current TPS-related
EAD is set to expire?
Even though your EAD has been
automatically extended, your employer
is required by law to ask you about your
continued employment authorization no
later than before you start work on July
6, 2018 (or July 5, if you have an EAD
with a marked expiration date of
January 5, 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 January 1, 2019. Your employer
may need to reinspect your
automatically extended EAD to check
the expiration date and Category code if
your employer did not keep a copy of
this EAD when you initially presented
it. In addition, if you have an EAD with
a marked expiration date of July 5, 2018,
and 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 January
1, 2019, 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 January 1, 2019. Before you
start work on January 2, 2019, 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–
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9 Instructions to reverify employment
authorization.
By January 2, 2019, 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 Honduran
citizenship?
No. When completing Form I–9,
including reverifying employment
authorization, employers must accept
any documentation that appears on the
Form I–9 ‘‘Lists of Acceptable
Documents’’ that reasonably appears to
be genuine and that relates to you, or an
acceptable List A, List B, or List C
receipt. Employers need not reverify
List B identity documents. Employers
may not request documentation that
does not appear on the ‘‘Lists of
Acceptable Documents.’’ Therefore,
employers may not request proof of
Honduran citizenship or proof of reregistration 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 January 2, 2019, you
and your employer should do the
following:
1. For Section 1, you should:
a. Check ‘‘An alien authorized to work
until’’ and enter January 1, 2019, the
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automatically extended EAD expiration
date as the ‘‘expiration date; and
b. Enter your Alien Number/USCIS
number or A-Number where indicated
(your EAD or other document from DHS
will have your USCIS number or ANumber printed on it; the USCIS
number is the same as your A-Number
without the A prefix).
2. For Section 2, employers should:
a. Determine if the EAD is autoextended by ensuring it is in category
A–12 or C–19 and has a July 5, 2018
expiration date (or January 5, 2018
expiration date provided you applied
for a new EAD during the last reregistration period but have not yet
received a new EAD);
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write January 1, 2019, as the
expiration date.
Alternatively, if you have an EAD
with a marked expiration date of July 5,
2018, and 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
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 autoextended through January 1, 2019, 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. Write January 1, 2019, as the
expiration date. Before the start of work
on January 2, 2019, 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
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20:19 Jun 04, 2018
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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 January 1, 2019, 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 autoextended by ensuring:
• It is in category A–12 or C–19; and
• Has a marked expiration date of
July 5, 2018; or January 5, 2018,
provided your employee applied for a
new EAD during the last re-registration
period but has not yet received a new
EAD.
b. Draw a line through the expiration
date written in Section 2;
c. Write January 1, 2019, above the
previous date; and
d. Initial and date the correction in
the Additional Information field in
Section 2.
In the alternative, you may present
your expired EAD with category A–12
or C–19 in combination with the Form
I–797C Notice of Action if you have an
EAD with a marked expiration date of
July 5, 2018. The Form I–797C should
show 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 autoextended 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 January 1, 2019, 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. Employers do not need to
complete Section 3 until either the 180-day
automatic extension has ended or the
employee presents a new document to show
continued employment authorization,
whichever is sooner. By January 2, 2019,
when the employee’s automatically extended
EAD has expired, employers must reverify
the employee’s employment authorization in
Section 3.
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26079
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 EVerify for a new employee using the
EAD bearing the expiration date July 5,
2018. Employers may also create a case
in E-Verify for a new employee using
the EAD bearing the expiration date
January 5, 2018, provided the employee
applied for a new EAD during the last
re-registration period but has not yet
received a new EAD. Employers may
also create a case in E-Verify using the
Form I–797C receipt information
provided on Form I–9 for employees
whose EADs have a January 5, 2018 or
July 5, 2018 expiration date. 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 TPSrelated 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 autoextension period for this EAD is about
to expire. The alert indicates that before
this employee starts to work on January
2, 2019, you must reverify his or her
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
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 I9Central@
dhs.gov. Calls and emails are accepted
in English and many other languages.
For questions about avoiding
discrimination during the employment
eligibility verification process (Form I–
9 and E-Verify), employers may call the
U.S. Department of Justice’s Civil Rights
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Division, Immigrant and Employee
Rights Section (IER) (formerly the Office
of Special Counsel for ImmigrationRelated Unfair Employment Practices)
Employer Hotline at 800–255–8155
(TTY 800–237–2515). IER offers
language interpretation in numerous
languages. Employers may also email
IER at IER@usdoj.gov.
Note to Employees
For general questions about the
employment eligibility verification
process, employees may call USCIS at
888–897–7781 (TTY 877–875–6028) or
email USCIS at I–9Central@dhs.gov.
Calls are accepted in English, Spanish,
and many other languages. Employees
or applicants may also call the IER
Worker Hotline at 800–255–7688 (TTY
800–237–2515) for information
regarding employment discrimination
based upon citizenship, immigration
status, or national origin, including
discrimination related to Employment
Eligibility Verification (Form I–9) and EVerify. The IER Worker Hotline
provides language interpretation in
numerous languages.
To comply with the law, employers
must accept any document or
combination of documents from the
Lists of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt as described in the
Employment Eligibility Verification
(Form I–9) Instructions. Employers may
not require extra or additional
documentation beyond what is required
for 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 EVerify. A Final Nonconfirmation (FNC)
case result is received when E-Verify
cannot verify an employee’s
employment eligibility. An employer
may terminate employment based on a
case result of FNC. Work-authorized
employees who receive an FNC may call
USCIS for assistance at 888–897–7781
(TTY 877–875–6028). For more
information about E-Verify-related
discrimination or to report an employer
for discrimination in the E-Verify
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20:19 Jun 04, 2018
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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 EVerify 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
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Sfmt 4703
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. 2018–12161 Filed 6–4–18; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6108–FA–01]
Housing Trust Fund; Fiscal Year (FY)
2018 Allocation Notice
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice of fiscal year 2018
funding awards.
AGENCY:
The Housing and Economic
Recovery Act of 2008 (HERA)
established the Housing Trust Fund
(HTF) to be administered by HUD.
Pursuant to the Federal Housing
Enterprises Financial Security and
Soundness Act of 1992 (the Act), as
amended by HERA, Division A, eligible
HTF grantees are the 50 states, the
District of Columbia, the
Commonwealth of Puerto Rico,
American Samoa, Guam, the
Commonwealth of Northern Mariana
Islands, and the United States Virgin
Islands. In accordance with Section
1338 (c)(4)(A) of the Act, this notice
announces the formula allocation
amount for each eligible HTF grantee.
FOR FURTHER INFORMATION CONTACT:
Virginia Sardone, Director, Office of
Affordable Housing Programs, Room
7164, Department of Housing and Urban
Development, 451 Seventh Street SW,
Washington, DC 20410–7000; telephone
(202) 708–2684. (This is not a toll-free
number.) A telecommunications device
for hearing- and speech-impaired
persons (TTY) is available at 800–877–
8339 (Federal Information Relay
Service).
SUPPLEMENTARY INFORMATION: Section
1131 of HERA Division A amended the
Act to add a new section 1337 entitled
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26074-26080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12161]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2623-18; DHS Docket No. USCIS-2014-0007]
RIN 1615-ZB75
Termination of the Designation of Honduras for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services, U.S. Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The designation of Honduras for Temporary Protected Status
(TPS) is set to expire on July 5, 2018. After reviewing country
conditions and consulting with appropriate U.S. Government agencies,
the Secretary of Homeland Security has determined that because
conditions in Honduras no longer support its designation for TPS,
termination of the TPS designation of Honduras is required by statute.
To provide time for an orderly transition, the Secretary is terminating
the designation effective on January 5, 2020, which is 18 months
following the end of the current designation.
Nationals of Honduras (and aliens having no nationality who last
habitually resided in Honduras) who have been granted TPS and would
like to maintain their TPS and receive TPS-based Employment
Authorization Documents (EAD) valid through January 5, 2020, must re-
register for TPS in accordance with the procedures set forth in this
Notice. After January 5, 2020, nationals of Honduras (and aliens having
no nationality who last habitually resided in Honduras) who have been
granted TPS under the Honduras designation will no longer have TPS.
DATES: The designation of Honduras for TPS is terminated effective at
11:59 p.m., local time, on January 5, 2020. The 60-day re-registration
period runs from June 5, 2018 through August 6, 2018. (Note: It is
important for re-registrants to timely re-register during this 60-day
period.)
FOR FURTHER INFORMATION CONTACT:
You may contact Samantha Deshommes, Chief, Regulatory
Coordination Division, Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, U.S. Department of Homeland Security, 20
Massachusetts Avenue NW, Washington, DC 20529-2060; or by phone at 800-
375-5283.
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 Honduras's TPS
by selecting ``Honduras'' from the menu on the left side of the TPS web
page.
If you have additional questions about Temporary Protected
Status, 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 call our USCIS Contact Center at 800-375-5283.
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at https://www.uscis.gov, or call the USCIS Contact 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
[[Page 26075]]
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 Honduras (or aliens having no nationality who
last habitually resided in Honduras) to re-register for TPS and to
apply for renewal of their EADs with USCIS. Re-registration is limited
to persons who have previously registered for TPS under the designation
of Honduras and whose applications have been granted.
For individuals who have already been granted TPS under Honduras's
designation, the 60-day re-registration period runs from June 5, 2018
through August 6, 2018. USCIS will issue new EADs with a January 5,
2020 expiration date to eligible Honduran 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 July 5, 2018. Accordingly, through this Federal Register
notice, DHS automatically extends the validity of EADs issued under the
TPS designation of Honduras for 180 days, through January 1, 2019.
Additionally, individuals who have EADs with an expiration date of
January 5, 2018, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also
covered by this automatic extension. These individuals may show their
EAD indicating a January 5, 2018 expiration date and their EAD
application receipt (Notice of Action, Form I-797C) that notes the
application was received on or after December 15, 2017, to employers as
proof of continued employment authorization through January 1, 2019.
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
beyond the date TPS terminates.
When was Honduras designated for TPS?
On January 5, 1999, former Attorney General Janet Reno designated
Honduras for TPS based on an environmental disaster within that
country, specifically the severe flooding and associated damage from
Hurricane Mitch, which struck Honduras in October 1998. See Designation
of Honduras Under Temporary Protected Status, 64 FR 524 (Jan. 5, 1999).
The designation has been continuously extended since its initial
designation. Most recently, on November 6, 2017, former Acting
Secretary Duke announced that she had not made a decision on Honduras's
TPS designation by the statutory deadline, resulting in an automatic 6-
month extension of the designation, through July 5, 2018. See DHS Press
Release, Acting Secretary Elaine Duke Announcement on Temporary
Protected Status for Nicaragua and Honduras (Nov. 6, 2017), available
at https://www.dhs.gov/news/2017/11/06/acting-secretary-elaine-duke-announcement-temporary-protected-status-nicaragua-and; see also
Extension of the Designation of Honduras for Temporary Protected
Status, 82 FR 59630 (Dec. 15, 2017).
What authority does the Secretary have to terminate the designation of
Honduras 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).
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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's TPS 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 Honduras as of
January 5, 2020?
DHS has reviewed conditions in Honduras. Based on the review, which
[[Page 26076]]
considered 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 Honduras's 1999
designation for TPS on the basis of environmental disaster due to the
damage caused by Hurricane Mitch in October 1998 are no longer met.
Recovery and reconstruction efforts relating to Hurricane Mitch have
largely been completed. The social and economic conditions affected by
the hurricane have stabilized, and people are able to conduct their
daily activities without impediments directly related to damage from
the hurricane. Honduras has, however, experienced some negative
environmental conditions unrelated to Hurricane Mitch over the
intervening years. Despite ongoing challenges relating to coffee rust,
coffee bean production is up and Honduras is currently the third
largest Arabica producer in the world. In 2017 Honduras was devastated
by a pine beetle plague but the Government of Honduras took aggressive
steps to stem the invasion. Drought conditions Honduras has previously
dealt with are not currently impacting the country, with USAID
reporting as of January 2018 that sufficient seasonal rainfall had led
to higher agricultural production compared to recent years and an
increase in employment opportunities, resulting in improvements in the
food security situation in many parts of the country. While some
housing issues remain, recent construction figures show sustained
growth in 2017, with residential projects growing by 10% with respect
to 2016, and commercial projects growing by 18% over the same period.
Additionally, Honduras has been regularly accepting the return of its
nationals with final removal orders over the last five years. From
fiscal year 2013 to fiscal year 2016, DHS removed 120,047 individuals
to Honduras. In fiscal year 2017, DHS removed 22,381 Honduran
nationals. As of May 2, 2018, in fiscal year 2018 DHS has removed
13,800 Honduran nationals.
Following Hurricane Mitch, Honduras received a significant amount
of international aid to assist in its recovery efforts and to fund
reconstruction projects. Accordingly, many reconstruction projects have
now been completed. Reconstruction programs have helped to address
Honduras's ongoing housing shortage and improve infrastructure, in
particular, roads and bridges. Schools and health centers damaged by
the hurricane have also been repaired or rebuilt and reopened.
Additionally, Honduras's economy is steadily improving. The Honduran
economy grew by 3.7% in 2016, and its Gross Domestic Product (GDP)
annual growth rate is projected to trend around 4.90% by the end of the
first quarter of 2018. The GDP in Honduras averaged $5.69 billion (USD)
from 1960 until 2016, reaching an all-time high of $21.52 billion in
2016. The Honduran Government estimated that the country's unemployment
rate was 7.4% in 2016.
DHS estimates that there are approximately 86,000 nationals of
Honduras (and aliens having no nationality who last habitually resided
in Honduras) who hold TPS under Honduras's designation.
Notice of Termination of the TPS Designation of Honduras
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 Honduras 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 sections 244(b)(3)(B) and 244(d)(3) of the
Immigration and Nationality Act, the designation of Honduras for TPS
is terminated effective at 11:59 p.m., local time, on January 5,
2020, which is 18 months following the end of the current
designation, in order to provide for an orderly transition.
(2) Information concerning the termination of TPS for nationals
of Honduras (and aliens having no nationality who last habitually
resided in Honduras) will be available at local USCIS offices upon
publication of this Notice and through the USCIS Contact 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 Honduras, you
must submit an Application for Temporary Protected Status (Form I-821).
You are not required 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 Honduras with the expiration
date of July 5, 2018, is automatically extended for 180 days, through
January 1, 2019. However, if you want to obtain a new EAD valid through
January 5, 2020, you must file an Application for Employment
Authorization (Form I-765) and pay the Form I-765 fee (or request a fee
waiver). 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.
Additionally, individuals who have EADs with an expiration date of
January 5, 2018, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also
covered by this automatic extension through January 1, 2019. You do not
need to apply for a new EAD in order to benefit from this 180-day
automatic extension. If you have a Form I-821 and/or Form I-765 that
was still pending as of June 5, 2018, then you do not need to file
either application again. If your pending TPS application is approved,
you will be granted TPS through January 5, 2020. Similarly, if you have
a pending TPS-related application for an EAD that is approved, it will
be valid through the same date.
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 January 1, 2019. 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 January 1,
2019.
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
[[Page 26077]]
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 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
----------------------------------------------------------------------------------------------------------------
If you . . . Mail your application to:
----------------------------------------------------------------------------------------------------------------
Are re-registering for TPS and you are U.S. Citizenship and Immigration Services, Attn: TPS Honduras, P.O. Box
using the U.S. Postal Service to mail 6943, Chicago, IL 60680-6943.
your package;
or....................................
Were granted TPS by an immigration
judge or the Board of Immigration
Appeals, and you wish to request an
EAD;.
or....................................
You are re-registering for the first
time after an immigration judge or
the Board of Immigration Appeals
granted you TPS and you are using the
U.S. Postal Service to mail your
package.
----------------------------------------------------------------------------------------------------------------
Are using a non-U.S. Postal Service U.S. Citizenship and Immigration Services, Attn: TPS Honduras, 131 S
delivery service to mail your package Dearborn--3rd Floor, Chicago, IL 60603-5517.
(for re-registrations).
----------------------------------------------------------------------------------------------------------------
If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the
BIA, please mail your application to the appropriate mailing address in
Table 1. When re-registering and requesting an EAD based on an IJ/BIA
grant of TPS, please include a copy of the IJ or BIA order granting you
TPS with your application. This will help us to verify your grant of
TPS and process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying or
registering for TPS on the USCIS website at www.uscis.gov/tps under
``Honduras.''
Employment Authorization Document (EAD)
How can I obtain information on the status of my EAD request?
To get case status information about your TPS application,
including the status of an EAD request, you can check Case Status
Online at https://www.uscis.gov, or call the USCIS National Contact
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
Contact Center for assistance before making an InfoPass appointment.
Am I eligible to receive an automatic extension of my current EAD
through January 1, 2019, using this Federal Register notice?
Yes. Provided that you currently have a Honduras TPS-based EAD,
this Federal Register notice automatically extends your EAD through
January 1, 2019, if you:
Are a national of Honduras (or have no nationality and
last habitually resided in Honduras); and either,
Have an EAD with a marked expiration date of July 5, 2018,
bearing the notation A-12 or C-19 on the face of the card under
Category, or
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 you applied for a new EAD during the last re-registration
period but have not yet received a new EAD.
Although this Federal Register notice automatically extends your
EAD through January 1, 2019, 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 must present acceptable
documents to their employers as evidence of identity
[[Page 26078]]
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 July 5, 2018, or January 5, 2018 (and you applied
for a new EAD during the last re-registration period but have not yet
received a new EAD), 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 January 1, 2019, unless your TPS has
been withdrawn or your request for TPS has been denied. If you have an
EAD with a marked expiration date of July 5, 2018, and 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 January 1, 2019, 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 January 1, 2019. 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
is required by law to ask you about your continued employment
authorization no later than before you start work on July 6, 2018 (or
July 5, if you have an EAD with a marked expiration date of January 5,
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 January 1, 2019. Your employer may need
to reinspect your automatically extended EAD to check the expiration
date and Category code if your employer did not keep a copy of this EAD
when you initially presented it. In addition, if you have an EAD with a
marked expiration date of July 5, 2018, and 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 January 1, 2019,
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 January 1, 2019.
Before you start work on January 2, 2019, 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 January 2, 2019, 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 Honduran citizenship?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 ``Lists of Acceptable Documents'' that reasonably appears
to be genuine and that relates to you, or an acceptable List A, List B,
or List C receipt. Employers need not reverify List B identity
documents. Employers may not request documentation that does not appear
on the ``Lists of Acceptable Documents.'' Therefore, employers may not
request proof of Honduran citizenship or proof of re-registration for
TPS when completing Form I-9 for new hires or reverifying the
employment authorization of current employees. If presented with EADs
that have been automatically extended, employers should accept such
documents as a valid List A document so long as the EAD reasonably
appears to be genuine and relates to the employee. Refer to the Note to
Employees section of this 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 January 2, 2019, you and your employer should do the
following:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter January 1,
2019, the
[[Page 26079]]
automatically extended EAD expiration date as the ``expiration date;
and
b. Enter your Alien Number/USCIS number or A-Number where indicated
(your EAD or other document from DHS will have your USCIS number or A-
Number printed on it; the USCIS number is the same as your A-Number
without the A prefix).
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended by ensuring it is in
category A-12 or C-19 and has a July 5, 2018 expiration date (or
January 5, 2018 expiration date provided you applied for a new EAD
during the last re-registration period but have not yet received a new
EAD);
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write January 1, 2019, as the expiration date.
Alternatively, if you have an EAD with a marked expiration date of
July 5, 2018, and 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 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 through January 1, 2019,
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. Write January 1, 2019, as the expiration date. Before the start
of work on January 2, 2019, 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 January 1, 2019, 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 by ensuring:
It is in category A-12 or C-19; and
Has a marked expiration date of July 5, 2018; or January
5, 2018, provided your employee applied for a new EAD during the last
re-registration period but has not yet received a new EAD.
b. Draw a line through the expiration date written in Section 2;
c. Write January 1, 2019, above the previous date; and
d. Initial and date the correction in the Additional Information
field in Section 2.
In the alternative, you may present your expired EAD with category
A-12 or C-19 in combination with the Form I-797C Notice of Action if
you have an EAD with a marked expiration date of July 5, 2018. The Form
I-797C should show 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 January 1, 2019, 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. Employers do not
need to complete Section 3 until either the 180-day automatic
extension has ended or the employee presents a new document to show
continued employment authorization, whichever is sooner. By January
2, 2019, 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 July 5, 2018. Employers may also
create a case in E-Verify for a new employee using the EAD bearing the
expiration date January 5, 2018, provided the employee applied for a
new EAD during the last re-registration period but has not yet received
a new EAD. Employers may also create a case in E-Verify using the Form
I-797C receipt information provided on Form I-9 for employees whose
EADs have a January 5, 2018 or July 5, 2018 expiration date. 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. The alert indicates that before this employee
starts to work on January 2, 2019, you must reverify his or her
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 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
[[Page 26080]]
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 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. 2018-12161 Filed 6-4-18; 8:45 am]
BILLING CODE 9111-97-P
