Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Sudan, Nicaragua, Haiti, and El Salvador, 54764-54769 [2018-23892]
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Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices
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BILLING CODE 9110–05–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2631–18; DHS Docket No. USCIS–
2018–0005]
RIN 1615–ZB78
Continuation of Documentation for
Beneficiaries of Temporary Protected
Status Designations for Sudan,
Nicaragua, Haiti, and El Salvador
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
AGENCY:
Through this Notice, the
Department of Homeland Security
(DHS) announces actions to ensure its
compliance with the preliminary
injunction order of the U.S. District
Court for the Northern District of
California in Ramos v. Nielsen, No. 18–
cv–01554 (N.D. Cal. Oct. 3, 2018)
(‘‘preliminary injunction’’).
Beneficiaries under the Temporary
Protected Status (TPS) designations for
Sudan, Nicaragua, Haiti, and El
Salvador will retain their TPS while the
preliminary injunction remains in
effect, provided that an individual’s TPS
status is not withdrawn under INA
section 244(c)(3) or 8 CFR 244.14
because of ineligibility.
DHS is further announcing it is
automatically extending through April
2, 2019, the validity of TPS-related
Employment Authorization Documents
(EADs), Forms I–797, Notice of Action
(Approval Notice), and Forms I–94
(Arrival/Departure Record) (collectively
‘‘TPS-Related Documentation’’), as
specified in this Notice, for beneficiaries
under the TPS designations for Sudan
and Nicaragua, provided that the
affected TPS beneficiaries remain
otherwise individually eligible for TPS.
See INA section 244(c)(3). This Notice
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SUMMARY:
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also provides information explaining
DHS’s plans to issue a subsequent
notice that will describe the steps DHS
will take after April 2, 2019 to continue
its compliance with the preliminary
injunction.
The TPS designations of Sudan,
Nicaragua, Haiti, and El Salvador will
remain in effect, as required by the
preliminary injunction order of the U.S.
District Court for the Northern District
of California in Ramos v. Nielsen, No.
18–cv–01554 (N.D. Cal. Oct. 3, 2018), so
long as the preliminary injunction
remains in effect. TPS for those
countries will not be terminated unless
and until any superseding, final, nonappealable judicial order permits the
implementation of such terminations.
Information on the status of the
preliminary injunction will be available
at https://uscis.gov/tps.
Further, DHS is automatically
extending the validity of TPS-Related
Documentation for those beneficiaries
under the TPS designations for Sudan
and Nicaragua, as specified in this
Notice. Those documents will remain in
effect for six months from the issuance
of the preliminary injunction (which
occurred on October 3, 2018), through
April 2, 2019, provided the individual’s
TPS is not withdrawn under INA
section 244(c)(3) or 8 CFR 244.14
because of ineligibility.
In the event the preliminary
injunction is reversed and that reversal
becomes final, DHS will allow for an
orderly transition period, as described
in the ‘‘Possible Future Action’’ section
of this Notice.
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,
please visit the USCIS TPS web page at
https://www.uscis.gov/tps. You can find
specific information about this
continuation of the TPS benefits for
eligible individuals under the TPS
designations for Sudan, Nicaragua,
Haiti, and El Salvador by selecting the
respective country’s page 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
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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).
• 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—U.S. Department of State
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
Form I–94—Arrival/Departure Record
FR—Federal Register
Government—U.S. Government
IJ—Immigration Judge
INA—Immigration and Nationality Act
IER—U.S. Department of Justice Civil Rights
Division, Immigrant and Employee Rights
Section
SAVE—USCIS Systematic Alien Verification
for Entitlements Program
Secretary—Secretary of Homeland Security
TNC—Tentative Nonconfirmation
TPS—Temporary Protected Status
TTY—Text Telephone
USCIS—U.S. Citizenship and Immigration
Services
Background on 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:
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
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Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices
Æ Any other lawfully obtained
immigration status or category they
received while registered for TPS, as
long as it is still valid on the date TPS
terminates.
Purpose of This Action
Through this Federal Register Notice,
the Department of Homeland Security
(DHS) announces actions to ensure its
compliance with the preliminary
injunction order of the U.S. District
Court for the Northern District of
California in Ramos v. Nielsen, No. 18–
cv–01554 (N.D. Cal. Oct. 3, 2018)
(‘‘preliminary injunction’’).
Beneficiaries under the Temporary
Protected Status (TPS) designations for
Sudan, Nicaragua, Haiti, and El
Salvador will retain their TPS while the
preliminary injunction remains in
effect, provided that an individual’s TPS
status is not withdrawn under INA
section 244(c)(3) or 8 CFR 244.14
because of ineligibility.
DHS is further announcing it is
automatically extending through April
2, 2019, the validity of TPS-related
Employment Authorization Documents
(EADs), Forms I–797, Notice of Action
(Approval Notice), and Forms I–94
(Arrival/Departure Record) (collectively
‘‘TPS-Related Documentation’’), as
specified in this Notice, for beneficiaries
under the TPS designations for Sudan
and Nicaragua, provided that the
affected TPS beneficiaries remain
otherwise individually eligible for TPS.
See INA section 244(c)(3). This Notice
also provides information explaining
DHS’s plans to issue a subsequent
notice that will describe the steps DHS
will take after April 2, 2019 to continue
its compliance with the preliminary
injunction.
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Automatic Extension of EADs
Through this Federal Register Notice,
DHS automatically extends through
April 2, 2019, the validity of EADs with
the category codes ‘‘A–12’’ or ‘‘C–19’’
and one of the expiration dates shown
below that have been issued under the
TPS designations of Sudan and
Nicaragua:
11/02/2017
01/05/2018
11/02/2018
01/05/2019
Additionally, a beneficiary under the
TPS designations for Sudan or
Nicaragua who applied for a new EAD
but who has not yet received his or her
new EAD is also covered by this
automatic extension, provided that the
EAD he or she possesses contains one of
the expiration dates noted in the chart
above. Such individuals may show this
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Federal Register Notice and their EAD
to employers to demonstrate that their
TPS-Related Documentation and
employment authorization has been
extended through April 2, 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, EVerify, and USCIS Systematic Alien
Verification for Entitlements (SAVE)
processes.
Automatic Extension of Forms I–94
(Arrival/Departure Record) and Forms
I–797 (Notice of Action (Approval
Notice))
In addition, through this Federal
Register Notice, DHS automatically
extends through April 2, 2019, the
validity periods of the following Forms
I–94 and Forms I–797, Notice of Action
(Approval Notice) previously issued to
eligible beneficiaries granted TPS under
the designations for Sudan and
Nicaragua:
Country
Sudan ............
Nicaragua ......
Beginning
date of
validity:
End date of
validity:
May 3, 2016
Nov. 3, 2017
July 6, 2016
Jan. 6, 2018
Nov. 2, 2017.
Nov. 2, 2018.
Jan. 5, 2018.
Jan. 5, 2019.
However, the extension of this
validity period applies only if the
eligible TPS beneficiary properly filed
for TPS re-registration during the most
recent DHS-announced registration
period for the applicable country, or has
a re-registration application that
remains pending. In addition, the
extension does not apply if the TPS of
any such individual has been finally
withdrawn. This Notice does not extend
the validity date of any TPS-related
Form I–94 or Form I–797, Notice of
Action (Approval Notice) issued to a
TPS beneficiary that contains an end
date not on the chart above where the
individual has failed to file for TPS reregistration, or where his or her reregistration request has been finally
denied.
Application Procedures
Current beneficiaries under the TPS
designations for Sudan and Nicaragua
do not need to pay a fee or file any
application, including the Application
for Employment Authorization (Form I–
765), to maintain their TPS benefits
through April 2, 2019, if they have
properly re-registered for TPS during
the most recent DHS-announced
registration period for their country.
TPS beneficiaries who have failed to re-
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register properly for TPS during the last
registration period may still file Form I–
821 (Application for Temporary
Protected Status) but must demonstrate
‘‘good cause’’ for failing to re-register on
time, as required by law. See INA,
section 244(c)(3)(C) (TPS beneficiary’s
failure to register without good cause in
form and manner specified by DHS is
ground for TPS withdrawal); 8 CFR
244.17(b) and Instructions to Form I–
821. Any eligible beneficiary under the
TPS designations for Sudan or
Nicaragua who either does not possess
an EAD that is automatically extended
by this Notice, or wishes to apply for a
new EAD may file Form I–765 with
appropriate fee (or fee waiver request).
If approved, USCIS will issue an EAD
with an April 2, 2019, expiration date.
Similarly, USCIS will issue an EAD
with an April 2, 2019 expiration date for
those with pending EAD applications
that are ultimately approved.
Possible Future Action
If it becomes necessary to comply
with statutory requirements for TPS reregistration during the pendency of the
Court’s Order or any superseding court
order concerning the beneficiaries under
the TPS designations for Sudan,
Nicaragua, Haiti, and El Salvador, DHS
may announce re-registration
procedures in a future Federal Register
Notice. See section 244(c)(3)(C) of the
INA; 8 CFR 244.17.
In the event the preliminary
injunction is reversed and that reversal
becomes final, DHS will allow for an
orderly transition period, ending on the
later of (a) 120 days from the effective
date of such a superseding, final order,
or (b) on the Secretary’s previouslyannounced effective date for the
termination of TPS designations for
each individual country, as follows:
• Sudan—N/A; 1
• Nicaragua—N/A;
• Haiti—July 22, 2019;
• El Salvador—September 9, 2019.
To the extent that a Federal Register
Notice has auto-extended TPS-Related
Documentation beyond the 120-day
orderly transition period, DHS reserves
the right to issue a subsequent Federal
Register Notice announcing an
expiration date for the documentation
that corresponds to the last day of the
120-day orderly transition period.
1 Any 120-day transition period would end later
than the Secretary’s previously-announced effective
dates for the termination of TPS designations for
Sudan and Nicaragua (November 2, 2018, and
January 5, 2019, respectively).
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Effect on TPS-Related Documentation
for Beneficiaries Under the TPS
Designations for Haiti and El Salvador
If otherwise eligible, beneficiaries
under the TPS designations for Haiti
and El Salvador who either have been
approved for re-registration or have
pending TPS re-registration and EAD
applications, either have or will receive
TPS-Related Documentation that will
remain in effect for more than six
months. Specifically, such beneficiaries
will have TPS-Related Documentation
valid until July 22, 2019, for
beneficiaries under the TPS
designations for Haiti, or until
September 9, 2019, for beneficiaries
under the TPS designations for El
Salvador. The automatic extensions
announced in this Notice therefore do
not apply to them.2
Additional Notes
Nothing in this Notice affects DHS’s
ongoing authority to determine on a
case-by-case basis whether TPS
beneficiaries continue to meet the
individual eligibility requirements for
TPS described in section 244(c) of the
INA and the implementing regulations
in part 244 of Title 8 of the Code of
Federal Regulations.
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Notice of Compliance With Court Order
Enjoining the Implementation and
Enforcement of Determinations To
Terminate the TPS Designations of
Sudan, Nicaragua, Haiti, and El
Salvador
As required by the preliminary
injunction order of the U.S. District
Court for the Northern District of
California in Ramos v. Nielsen, No. 18–
cv–01554 (N.D. Cal. Oct. 3, 2018), the
previously-announced determinations
to terminate the existing designations of
TPS for Sudan, Nicaragua, Haiti, and El
Salvador 3 will not be implemented or
enforced unless and until the District
Court’s Order is reversed and that
reversal becomes final for some or all of
these four countries.
In further compliance with the Order,
I am publishing this Federal Register
Notice automatically extending the
validity of the TPS-Related
2 See Termination of the Designation of Haiti for
Temporary Protected Status, 83 FR 2648 (Jan. 18,
2018) and Termination of the Designation of El
Salvador for Temporary Protected Status, 83 FR
2654 (Jan. 18, 2018).
3 See Termination of the Designation of Sudan for
Temporary Protected Status, 82 FR 47228 (Oct. 11,
2017); Termination of the Designation of Nicaragua
for Temporary Protected Status, 82 FR 59636 (Dec.
15, 2017); Termination of the Designation of Haiti
for Temporary Protected Status, 83 FR 2648 (Jan.
18, 2018); Termination of the Designation of El
Salvador for Temporary Protected Status, 83 FR
2654 (Jan. 18, 2018).
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Documentation specified above in the
Supplementary Information section of
this Notice for six months from the date
of the Order, October 3, 2018 through
April 2, 2019, for eligible beneficiaries
under the TPS designations for Sudan
and Nicaragua.
Any termination of TPS-Related
Documentation for beneficiaries under
the TPS designations for Sudan,
Nicaragua, Haiti, and El Salvador will
go into effect on the later of: (a) 120
Days from the effective date any
superseding, final, non-appealable
judicial order that permits the
implementation of such terminations, or
(b) on the Secretary’s previouslyannounced effective date for the
termination of TPS designations for
each individual country. To the extent
that a subsequent Federal Register
Notice has auto-extended TPS-Related
Documentation beyond the 120-day
orderly transition period, DHS reserves
the right to issue another Federal
Register Notice invalidating the
documents at the end of the orderly
transition period.
DHS will issue another Federal
Register Notice approximately 30 days
before April 2, 2019, that will extend
TPS-Related Documentation for an
additional nine months from April 2,
2019, for all affected beneficiaries under
the TPS designations for Sudan,
Nicaragua, Haiti, and El Salvador. DHS
will continue to issue Federal Register
Notices at nine-month intervals so long
as the preliminary injunction remains in
place and will continue its commitment
to a 120-day orderly transition period,
as described above.
All TPS beneficiaries must continue
to maintain their TPS eligibility by
meeting the requirements for TPS in
INA section 244(c) and part 244 of Title
8 of the Code of Federal Regulations.
DHS will continue to adjudicate any
pending TPS re-registration and
pending late initial applications for
affected beneficiaries from the four
countries, and continue to make
appropriate individual TPS withdrawal
decisions in accordance with existing
procedures if an individual no longer
maintains TPS eligibility. DHS may
continue to announce periodic reregistration procedures for eligible TPS
beneficiaries in accordance with the
INA and DHS regulations. Should the
preliminary injunction order remain in
effect, DHS will take appropriate steps
to continue its compliance with the
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preliminary injunction, and all statutory
requirements.
Claire M. Grady,
Acting Deputy Secretary.
Approved Forms To Demonstrate
Continuation of Lawful Status and TPSRelated Employment Authorization
• This Federal Register Notice
(October 31, 2018)
Æ Through operation of this Federal
Register Notice, the existing EADs of
affected TPS beneficiaries are
automatically extended through April 2,
2019.
Æ A beneficiary granted TPS under
the designations for Sudan and
Nicaragua may show a copy of this
Notice, along with his or her specified
EAD, to his or her employer to
demonstrate identity and continued
TPS-related employment eligibility for
purposes of meeting the Employment
Eligibility Verification (Form I–9)
requirements.
Æ Alternatively, such a TPS
beneficiary may choose to show other
acceptable documents that are evidence
of identity and employment eligibility
as described in the Instructions to
Employment Eligibility Verification
(Form I–9).
Æ Finally, such a TPS beneficiary may
show a copy of this Notice, along with
his or her specified EAD, Form I–94, or
Form I–797 Notice of Action (Approval
Notice), as evidence of his or her lawful
status, to law enforcement, federal,
state, and local government agencies,
and private entities.
• Employment Authorization
Document (EAD)
Am I eligible to receive an automatic
extension of my current EAD through
April 2, 2019, using this Federal
Register Notice?
Yes. Provided that you currently have
a TPS-related EAD for Sudan or
Nicaragua with the specified expiration
dates described below, this Federal
Register Notice automatically extends
your EAD through April 2, 2019, if you:
• Are a national of Sudan or
Nicaragua (or an alien having no
nationality who last habitually resided
in Sudan or Nicaragua) who has TPS,
and your EAD contains a category code
of A–12 or C–19 and one of the
expiration dates shown below:
11/02/2017
01/05/2018
11/02/2018
01/05/2019
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)?
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You can find a list of acceptable
document choices on the ‘‘Lists of
Acceptable Documents’’ for Form I–9 at
https://www.uscis.gov/i-9-central/
acceptable-documents. Employers must
complete Form I–9 to verify the identity
and employment authorization of all
new employees. Within three days of
hire, employees must present acceptable
documents to their employers as
evidence of identity and employment
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 category code of A–12 or C–19 and an expiration date from the column below, you
may show your expired EAD along with this Federal Register Notice to complete Form I–9:
Enter this date in
Section 1 of Form
I–9:
Your employer
must reverify your
employment authorization by:
11/02/2017
01/05/2018
11/02/2018
01/05/2019
Apr.
Apr.
Apr.
Apr.
Apr.
Apr.
Apr.
Apr.
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
If you want to use your EAD with one
of the specified expiration dates above,
and that date has passed, then you may
also provide your employer with a copy
of this Federal Register Notice, which
explains that your EAD has been
automatically extended for a temporary
period of time, through April 2, 2019.
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?
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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
Even though your EAD has been
automatically extended, your employer
is required by law to ask you about your
continued employment authorization,
and 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 April 2, 2019. Your employer
may need to re-inspect 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.
The last day of the automatic EAD
extension for eligible beneficiaries
under the TPS designations for Sudan
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and Nicaragua is April 2, 2019. Before
you start work on April 3, 2019, your
employer is required by law to re-verify
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 April 3, 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 USCIS’ I–9 Central
web page at https://www.uscis.gov/I9Central 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 I seek a new EAD?
You do not need to apply for a new
EAD in order to benefit from this
automatic extension. However, if you
want to obtain a new EAD valid through
April 2, 2019, you must file an
Application for Employment
Authorization (Form I–765) and pay the
Form I–765 fee (or request a fee waiver).
Note, if you do not want a new EAD,
you do not have to file Form I–765 or
pay the Form I–765 fee. If you do not
want to request a new EAD now, you
may also file Form I–765 at a later date
and pay the fee (or request a fee waiver),
provided that you still have TPS or a
pending TPS application. You may file
the application for a new EAD either
before or after your current EAD has
expired.
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2,
2,
2,
2,
2019
2019
2019
2019
..........
..........
..........
..........
3,
3,
3,
3,
2019.
2019.
2019.
2019.
If you are unable to pay the
application fee and/or biometric
services fee, you may complete a
Request for Fee Waiver (Form I–912) or
submit a personal letter requesting a fee
waiver with satisfactory supporting
documentation. For more information
on the application forms and fees for
TPS, please visit the USCIS TPS web
page at https://www.uscis.gov/tps. Fees
for the Form I–821, the Form I–765, and
biometric services are also described in
8 CFR 103.7(b)(1)(i).
Note: If you have a Form I–821 and/or
Form I–765 that was still pending as of
October 2, 2018, then you should not file
either application again. If your pending TPS
application is approved, you will be granted
TPS through April 2, 2019. Similarly, if you
have a pending TPS-related application for
an EAD that is approved, it will be valid
through the same date.
Can my employer require that I provide
any other documentation to prove my
status, such as proof of my citizenship
from Sudan, Nicaragua, Haiti, or El
Salvador?
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
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
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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 on or before April 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 April 2, 2019, 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, your employer
should:
a. Determine if the EAD is autoextended:
An employee’s EAD has been auto-extended
if it contains a category code of A–12 or C–19
and an expiration date shown below:
amozie on DSK3GDR082PROD with NOTICES1
11/02/2017
01/05/2018
11/02/2018
01/05/2019
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 April 2, 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:
An employee’s EAD has been auto-extended
if it contains a category code of A–12 or C–19
and an expiration date shown below:
11/02/2017
01/05/2018
11/02/2018
01/05/2019
If it has been auto-extended:
b. Draw a line through the expiration
date written in Section 2;
c. Write April 2, 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 this Notice’s
automatic extension of EADs has ended or
the employee presents a new document to
show continued employment authorization,
whichever is sooner. By April 3, 2019, when
the employee’s automatically extended EAD
has expired, employers are required by law
to 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?
If it has been auto-extended, the
employer should:
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write April 2, 2019, as the
expiration date.
Before the start of work on April 3,
2019, employers are required by law to
reverify the employee’s employment
authorization in Section 3 of Form I–9.
Employers may create a case in EVerify for these employees by providing
the employee’s Alien Registration
number (A#) or USCIS number as the
document number on Form I–9 in the
document number field in E-Verify.
What corrections should my current
employer and I make to Employment
Eligibility Verification (Form I–9) if my
employment authorization has been
auto-extended?
If you have employees who provided
a TPS-related EAD with an expiration
date that has been auto-extended by this
Notice, you should dismiss the ‘‘Work
Authorization Documents Expiring’’
case alert. Before this employee starts to
work on April 3, 2019, you must
reverify his or her employment
If you presented a TPS-related EAD
that was valid when you first started
your job and your EAD has now been
VerDate Sep<11>2014
18:06 Oct 30, 2018
Jkt 247001
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?
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
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
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,
E:\FR\FM\31OCN1.SGM
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Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices
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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
records available to DHS.
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
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 on the USCIS and E-Verify
websites at https://www.uscis.gov/i-9central and https://www.e-verify.gov.
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, show you are authorized to
work based on TPS or other status, and/
or that may be used by DHS to
determine whether you have TPS or
other immigration status. Examples of
such documents are:
(1) Your current EAD;
(2) A copy of this Federal Register
Notice, providing an automatic
extension of your currently expired or
expiring EAD;
(3) A copy of your Form I–94,
(Arrival/Departure Record), or Form I–
VerDate Sep<11>2014
18:06 Oct 30, 2018
Jkt 247001
797, Notice of Action (Approval Notice),
that has been auto-extended by this
Notice and a copy of this Notice;
(4) Any other relevant DHS-issued
document that indicates your
immigration status or authorization to
be in the United States, or that may be
used by DHS to determine whether you
have such status or authorization to
remain in the United States. Check with
the government agency regarding which
document(s) the agency will accept.
Some benefit-granting agencies use
the 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. 2018–23892 Filed 10–30–18; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2018–N094;
FXES11140800000–178–FF08E00000]
Draft City of Rancho Palos Verdes
Natural Community Conservation Plan
and Habitat Conservation Plan and
Draft Environmental Assessment, City
of Rancho Palos Verdes, Los Angeles
County, California
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for public comment.
AGENCY:
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
54769
We, the U.S. Fish and
Wildlife Service, announce the receipt
and availability of a draft Natural
Community Conservation Plan/Habitat
Conservation Plan (NCCP/HCP) and
draft environmental assessment (EA),
which evaluates the impacts of, and
alternatives to, the proposed City of
Rancho Palos Verdes (City of RPV)
NCCP/HCP. The City of RPV NCCP/HCP
was submitted by the City of Rancho
Palos Verdes in support of an
application under the Endangered
Species Act, for a permit authorizing the
incidental take of 10 covered species
resulting from covered projects/
activities and a permit under the State
of California’s Natural Community
Conservation Planning Act of 2002. We
request review and comment on the City
of RPV NCCP/HCP and the draft EA
from local, State, and Federal agencies;
Tribes; and the public.
DATES: To ensure consideration, please
send your written comments by
December 31, 2018.
ADDRESSES:
Obtaining Documents: You may
obtain copies of the City of RPV NCCP/
HCP and the draft EA by the following
methods. Please specify that your
request pertains to the City of RPV
NCCP/HCP.
• Email: katiel@rpvca.gov.
• Internet: https://www.rpvca.gov/490/
Palos-Verdes-Nature-Preserve-NCCPPUMP-H.
• U.S. Mail: A limited number of CD–
ROM and printed copies are available,
by request, from the following locations:
D Carlsbad Fish and Wildlife Office,
2177 Salk Avenue, Suite 250, Carlsbad,
CA 92008;
D Rancho Palos Verdes City Hall (see
address under In-Person, below).
• In-Person: Copies are available for
public inspection and review at the
following locations, by appointment and
written request only:
D Rancho Palos Verdes City Hall,
30940 Hawthorne Blvd., Rancho Palos
Verdes, CA 90275 (telephone: 310–554–
5267; 7:30 a.m. to 5:30 p.m., Monday
through Thursday, and 7:30 a.m. to 4:30
p.m. on Friday); and
D Palos Verdes Peninsula Land
Conservancy, 916 Silver Spur Road,
Suite 207, Rolling Hills Estates, CA
90274 (9:30 a.m. to 5 p.m., Monday
through Friday).
Submitting Comments: You may
submit comments by one of the
following methods:
• Email: fw8cfwocomments@fws.gov;
please include ‘‘City of RPV NCCP/
HCP’’ in the subject line.
• U.S. Mail: Karen Goebel, Attn: City
of RPV NCCP/HCP (use the Carlsbad
SUMMARY:
E:\FR\FM\31OCN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54764-54769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23892]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2631-18; DHS Docket No. USCIS-2018-0005]
RIN 1615-ZB78
Continuation of Documentation for Beneficiaries of Temporary
Protected Status Designations for Sudan, Nicaragua, Haiti, and El
Salvador
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces actions to ensure its compliance with the preliminary
injunction order of the U.S. District Court for the Northern District
of California in Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3,
2018) (``preliminary injunction''). Beneficiaries under the Temporary
Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El
Salvador will retain their TPS while the preliminary injunction remains
in effect, provided that an individual's TPS status is not withdrawn
under INA section 244(c)(3) or 8 CFR 244.14 because of ineligibility.
DHS is further announcing it is automatically extending through
April 2, 2019, the validity of TPS-related Employment Authorization
Documents (EADs), Forms I-797, Notice of Action (Approval Notice), and
Forms I-94 (Arrival/Departure Record) (collectively ``TPS-Related
Documentation''), as specified in this Notice, for beneficiaries under
the TPS designations for Sudan and Nicaragua, provided that the
affected TPS beneficiaries remain otherwise individually eligible for
TPS. See INA section 244(c)(3). This Notice also provides information
explaining DHS's plans to issue a subsequent notice that will describe
the steps DHS will take after April 2, 2019 to continue its compliance
with the preliminary injunction.
DATES: The TPS designations of Sudan, Nicaragua, Haiti, and El Salvador
will remain in effect, as required by the preliminary injunction order
of the U.S. District Court for the Northern District of California in
Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), so long as
the preliminary injunction remains in effect. TPS for those countries
will not be terminated unless and until any superseding, final, non-
appealable judicial order permits the implementation of such
terminations. Information on the status of the preliminary injunction
will be available at https://uscis.gov/tps.
Further, DHS is automatically extending the validity of TPS-Related
Documentation for those beneficiaries under the TPS designations for
Sudan and Nicaragua, as specified in this Notice. Those documents will
remain in effect for six months from the issuance of the preliminary
injunction (which occurred on October 3, 2018), through April 2, 2019,
provided the individual's TPS is not withdrawn under INA section
244(c)(3) or 8 CFR 244.14 because of ineligibility.
In the event the preliminary injunction is reversed and that
reversal becomes final, DHS will allow for an orderly transition
period, as described in the ``Possible Future Action'' section of this
Notice.
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, please visit the USCIS TPS
web page at https://www.uscis.gov/tps. You can find specific information
about this continuation of the TPS benefits for eligible individuals
under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador
by selecting the respective country's page 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).
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--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
Background on 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
[[Page 54765]]
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid on
the date TPS terminates.
Purpose of This Action
Through this Federal Register Notice, the Department of Homeland
Security (DHS) announces actions to ensure its compliance with the
preliminary injunction order of the U.S. District Court for the
Northern District of California in Ramos v. Nielsen, No. 18-cv-01554
(N.D. Cal. Oct. 3, 2018) (``preliminary injunction''). Beneficiaries
under the Temporary Protected Status (TPS) designations for Sudan,
Nicaragua, Haiti, and El Salvador will retain their TPS while the
preliminary injunction remains in effect, provided that an individual's
TPS status is not withdrawn under INA section 244(c)(3) or 8 CFR 244.14
because of ineligibility.
DHS is further announcing it is automatically extending through
April 2, 2019, the validity of TPS-related Employment Authorization
Documents (EADs), Forms I-797, Notice of Action (Approval Notice), and
Forms I-94 (Arrival/Departure Record) (collectively ``TPS-Related
Documentation''), as specified in this Notice, for beneficiaries under
the TPS designations for Sudan and Nicaragua, provided that the
affected TPS beneficiaries remain otherwise individually eligible for
TPS. See INA section 244(c)(3). This Notice also provides information
explaining DHS's plans to issue a subsequent notice that will describe
the steps DHS will take after April 2, 2019 to continue its compliance
with the preliminary injunction.
Automatic Extension of EADs
Through this Federal Register Notice, DHS automatically extends
through April 2, 2019, the validity of EADs with the category codes
``A-12'' or ``C-19'' and one of the expiration dates shown below that
have been issued under the TPS designations of Sudan and Nicaragua:
11/02/2017
01/05/2018
11/02/2018
01/05/2019
Additionally, a beneficiary under the TPS designations for Sudan or
Nicaragua who applied for a new EAD but who has not yet received his or
her new EAD is also covered by this automatic extension, provided that
the EAD he or she possesses contains one of the expiration dates noted
in the chart above. Such individuals may show this Federal Register
Notice and their EAD to employers to demonstrate that their TPS-Related
Documentation and employment authorization has been extended through
April 2, 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, E-
Verify, and USCIS Systematic Alien Verification for Entitlements (SAVE)
processes.
Automatic Extension of Forms I-94 (Arrival/Departure Record) and Forms
I-797 (Notice of Action (Approval Notice))
In addition, through this Federal Register Notice, DHS
automatically extends through April 2, 2019, the validity periods of
the following Forms I-94 and Forms I-797, Notice of Action (Approval
Notice) previously issued to eligible beneficiaries granted TPS under
the designations for Sudan and Nicaragua:
------------------------------------------------------------------------
Beginning date of End date of
Country validity: validity:
------------------------------------------------------------------------
Sudan.......................... May 3, 2016........ Nov. 2, 2017.
Nov. 3, 2017....... Nov. 2, 2018.
Nicaragua...................... July 6, 2016....... Jan. 5, 2018.
Jan. 6, 2018....... Jan. 5, 2019.
------------------------------------------------------------------------
However, the extension of this validity period applies only if the
eligible TPS beneficiary properly filed for TPS re-registration during
the most recent DHS-announced registration period for the applicable
country, or has a re-registration application that remains pending. In
addition, the extension does not apply if the TPS of any such
individual has been finally withdrawn. This Notice does not extend the
validity date of any TPS-related Form I-94 or Form I-797, Notice of
Action (Approval Notice) issued to a TPS beneficiary that contains an
end date not on the chart above where the individual has failed to file
for TPS re-registration, or where his or her re-registration request
has been finally denied.
Application Procedures
Current beneficiaries under the TPS designations for Sudan and
Nicaragua do not need to pay a fee or file any application, including
the Application for Employment Authorization (Form I-765), to maintain
their TPS benefits through April 2, 2019, if they have properly re-
registered for TPS during the most recent DHS-announced registration
period for their country. TPS beneficiaries who have failed to re-
register properly for TPS during the last registration period may still
file Form I-821 (Application for Temporary Protected Status) but must
demonstrate ``good cause'' for failing to re-register on time, as
required by law. See INA, section 244(c)(3)(C) (TPS beneficiary's
failure to register without good cause in form and manner specified by
DHS is ground for TPS withdrawal); 8 CFR 244.17(b) and Instructions to
Form I-821. Any eligible beneficiary under the TPS designations for
Sudan or Nicaragua who either does not possess an EAD that is
automatically extended by this Notice, or wishes to apply for a new EAD
may file Form I-765 with appropriate fee (or fee waiver request). If
approved, USCIS will issue an EAD with an April 2, 2019, expiration
date. Similarly, USCIS will issue an EAD with an April 2, 2019
expiration date for those with pending EAD applications that are
ultimately approved.
Possible Future Action
If it becomes necessary to comply with statutory requirements for
TPS re-registration during the pendency of the Court's Order or any
superseding court order concerning the beneficiaries under the TPS
designations for Sudan, Nicaragua, Haiti, and El Salvador, DHS may
announce re-registration procedures in a future Federal Register
Notice. See section 244(c)(3)(C) of the INA; 8 CFR 244.17.
In the event the preliminary injunction is reversed and that
reversal becomes final, DHS will allow for an orderly transition
period, ending on the later of (a) 120 days from the effective date of
such a superseding, final order, or (b) on the Secretary's previously-
announced effective date for the termination of TPS designations for
each individual country, as follows:
Sudan--N/A; \1\
---------------------------------------------------------------------------
\1\ Any 120-day transition period would end later than the
Secretary's previously-announced effective dates for the termination
of TPS designations for Sudan and Nicaragua (November 2, 2018, and
January 5, 2019, respectively).
---------------------------------------------------------------------------
Nicaragua--N/A;
Haiti--July 22, 2019;
El Salvador--September 9, 2019.
To the extent that a Federal Register Notice has auto-extended TPS-
Related Documentation beyond the 120-day orderly transition period, DHS
reserves the right to issue a subsequent Federal Register Notice
announcing an expiration date for the documentation that corresponds to
the last day of the 120-day orderly transition period.
[[Page 54766]]
Effect on TPS-Related Documentation for Beneficiaries Under the TPS
Designations for Haiti and El Salvador
If otherwise eligible, beneficiaries under the TPS designations for
Haiti and El Salvador who either have been approved for re-registration
or have pending TPS re-registration and EAD applications, either have
or will receive TPS-Related Documentation that will remain in effect
for more than six months. Specifically, such beneficiaries will have
TPS-Related Documentation valid until July 22, 2019, for beneficiaries
under the TPS designations for Haiti, or until September 9, 2019, for
beneficiaries under the TPS designations for El Salvador. The automatic
extensions announced in this Notice therefore do not apply to them.\2\
---------------------------------------------------------------------------
\2\ See Termination of the Designation of Haiti for Temporary
Protected Status, 83 FR 2648 (Jan. 18, 2018) and Termination of the
Designation of El Salvador for Temporary Protected Status, 83 FR
2654 (Jan. 18, 2018).
---------------------------------------------------------------------------
Additional Notes
Nothing in this Notice affects DHS's ongoing authority to determine
on a case-by-case basis whether TPS beneficiaries continue to meet the
individual eligibility requirements for TPS described in section 244(c)
of the INA and the implementing regulations in part 244 of Title 8 of
the Code of Federal Regulations.
Notice of Compliance With Court Order Enjoining the Implementation and
Enforcement of Determinations To Terminate the TPS Designations of
Sudan, Nicaragua, Haiti, and El Salvador
As required by the preliminary injunction order of the U.S.
District Court for the Northern District of California in Ramos v.
Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), the previously-
announced determinations to terminate the existing designations of TPS
for Sudan, Nicaragua, Haiti, and El Salvador \3\ will not be
implemented or enforced unless and until the District Court's Order is
reversed and that reversal becomes final for some or all of these four
countries.
---------------------------------------------------------------------------
\3\ See Termination of the Designation of Sudan for Temporary
Protected Status, 82 FR 47228 (Oct. 11, 2017); Termination of the
Designation of Nicaragua for Temporary Protected Status, 82 FR 59636
(Dec. 15, 2017); Termination of the Designation of Haiti for
Temporary Protected Status, 83 FR 2648 (Jan. 18, 2018); Termination
of the Designation of El Salvador for Temporary Protected Status, 83
FR 2654 (Jan. 18, 2018).
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In further compliance with the Order, I am publishing this Federal
Register Notice automatically extending the validity of the TPS-Related
Documentation specified above in the Supplementary Information section
of this Notice for six months from the date of the Order, October 3,
2018 through April 2, 2019, for eligible beneficiaries under the TPS
designations for Sudan and Nicaragua.
Any termination of TPS-Related Documentation for beneficiaries
under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador
will go into effect on the later of: (a) 120 Days from the effective
date any superseding, final, non-appealable judicial order that permits
the implementation of such terminations, or (b) on the Secretary's
previously-announced effective date for the termination of TPS
designations for each individual country. To the extent that a
subsequent Federal Register Notice has auto-extended TPS-Related
Documentation beyond the 120-day orderly transition period, DHS
reserves the right to issue another Federal Register Notice
invalidating the documents at the end of the orderly transition period.
DHS will issue another Federal Register Notice approximately 30
days before April 2, 2019, that will extend TPS-Related Documentation
for an additional nine months from April 2, 2019, for all affected
beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti,
and El Salvador. DHS will continue to issue Federal Register Notices at
nine-month intervals so long as the preliminary injunction remains in
place and will continue its commitment to a 120-day orderly transition
period, as described above.
All TPS beneficiaries must continue to maintain their TPS
eligibility by meeting the requirements for TPS in INA section 244(c)
and part 244 of Title 8 of the Code of Federal Regulations. DHS will
continue to adjudicate any pending TPS re-registration and pending late
initial applications for affected beneficiaries from the four
countries, and continue to make appropriate individual TPS withdrawal
decisions in accordance with existing procedures if an individual no
longer maintains TPS eligibility. DHS may continue to announce periodic
re-registration procedures for eligible TPS beneficiaries in accordance
with the INA and DHS regulations. Should the preliminary injunction
order remain in effect, DHS will take appropriate steps to continue its
compliance with the preliminary injunction, and all statutory
requirements.
Claire M. Grady,
Acting Deputy Secretary.
Approved Forms To Demonstrate Continuation of Lawful Status and TPS-
Related Employment Authorization
This Federal Register Notice (October 31, 2018)
[cir] Through operation of this Federal Register Notice, the
existing EADs of affected TPS beneficiaries are automatically extended
through April 2, 2019.
[cir] A beneficiary granted TPS under the designations for Sudan
and Nicaragua may show a copy of this Notice, along with his or her
specified EAD, to his or her employer to demonstrate identity and
continued TPS-related employment eligibility for purposes of meeting
the Employment Eligibility Verification (Form I-9) requirements.
[cir] Alternatively, such a TPS beneficiary may choose to show
other acceptable documents that are evidence of identity and employment
eligibility as described in the Instructions to Employment Eligibility
Verification (Form I-9).
[cir] Finally, such a TPS beneficiary may show a copy of this
Notice, along with his or her specified EAD, Form I-94, or Form I-797
Notice of Action (Approval Notice), as evidence of his or her lawful
status, to law enforcement, federal, state, and local government
agencies, and private entities.
Employment Authorization Document (EAD)
Am I eligible to receive an automatic extension of my current EAD
through April 2, 2019, using this Federal Register Notice?
Yes. Provided that you currently have a TPS-related EAD for Sudan
or Nicaragua with the specified expiration dates described below, this
Federal Register Notice automatically extends your EAD through April 2,
2019, if you:
Are a national of Sudan or Nicaragua (or an alien having
no nationality who last habitually resided in Sudan or Nicaragua) who
has TPS, and your EAD contains a category code of A-12 or C-19 and one
of the expiration dates shown below:
11/02/2017
01/05/2018
11/02/2018
01/05/2019
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)?
[[Page 54767]]
You can find a list of acceptable document choices on the ``Lists
of Acceptable Documents'' for Form I-9 at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to
verify the identity and employment authorization of all new employees.
Within three days of hire, employees must present acceptable documents
to their employers as evidence of identity and employment authorization
to satisfy Form I-9 requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which is evidence of employment authorization),
or you may present an acceptable receipt for List A, List B, or List C
documents as described in the Form I-9 Instructions. Employers may not
reject a document based on a future expiration date. You can find
additional detailed information about Form I-9 on USCIS' 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 category code of A-12 or
C-19 and an expiration date from the
column below, you may show your expired Enter this date in Section 1 of Your employer must reverify your
EAD along with this Federal Register Form I-9: employment authorization by:
Notice to complete Form I-9:
----------------------------------------------------------------------------------------------------------------
11/02/2017.............................. Apr. 2, 2019...................... Apr. 3, 2019.
01/05/2018.............................. Apr. 2, 2019...................... Apr. 3, 2019.
11/02/2018.............................. Apr. 2, 2019...................... Apr. 3, 2019.
01/05/2019.............................. Apr. 2, 2019...................... Apr. 3, 2019.
----------------------------------------------------------------------------------------------------------------
If you want to use your EAD with one of the specified expiration
dates above, and that date has passed, then you may also provide your
employer with a copy of this Federal Register Notice, which explains
that your EAD has been automatically extended for a temporary period of
time, through April 2, 2019.
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, and 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 April 2, 2019. Your employer
may need to re-inspect 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.
The last day of the automatic EAD extension for eligible
beneficiaries under the TPS designations for Sudan and Nicaragua is
April 2, 2019. Before you start work on April 3, 2019, your employer is
required by law to re-verify 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 April 3, 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 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 I seek a new EAD?
You do not need to apply for a new EAD in order to benefit from
this automatic extension. However, if you want to obtain a new EAD
valid through April 2, 2019, you must file an Application for
Employment Authorization (Form I-765) and pay the Form I-765 fee (or
request a fee waiver). Note, if you do not want a new EAD, you do not
have to file Form I-765 or pay the Form I-765 fee. If you do not want
to request a new EAD now, you may also file Form I-765 at a later date
and pay the fee (or request a fee waiver), provided that you still have
TPS or a pending TPS application. You may file the application for a
new EAD either before or after your current EAD has expired.
If you are unable to pay the application fee and/or biometric
services fee, you may complete a Request for Fee Waiver (Form I-912) or
submit a personal letter requesting a fee waiver with satisfactory
supporting documentation. For more information on the application forms
and fees for TPS, please visit the USCIS TPS web page at https://www.uscis.gov/tps. Fees for the Form I-821, the Form I-765, and
biometric services are also described in 8 CFR 103.7(b)(1)(i).
Note: If you have a Form I-821 and/or Form I-765 that was still
pending as of October 2, 2018, then you should not file either
application again. If your pending TPS application is approved, you
will be granted TPS through April 2, 2019. Similarly, if you have a
pending TPS-related application for an EAD that is approved, it will
be valid through the same date.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my citizenship from Sudan, Nicaragua,
Haiti, or El Salvador?
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 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
[[Page 54768]]
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 on or before April 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 April 2,
2019, 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, your employer should:
a. Determine if the EAD is auto-extended:
------------------------------------------------------------------------
An employee's EAD has been auto-extended if it contains a category code
of A-12 or C-19 and an expiration date shown below:
-------------------------------------------------------------------------
11/02/2017
01/05/2018
11/02/2018
01/05/2019
------------------------------------------------------------------------
If it has been auto-extended, the employer should:
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write April 2, 2019, as the expiration date.
Before the start of work on April 3, 2019, employers are required
by law to reverify the employee's employment authorization in Section 3
of Form I-9.
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my employment authorization has
been auto-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 April 2, 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:
------------------------------------------------------------------------
An employee's EAD has been auto-extended if it contains a category code
of A-12 or C-19 and an expiration date shown below:
-------------------------------------------------------------------------
11/02/2017
01/05/2018
11/02/2018
01/05/2019
------------------------------------------------------------------------
If it has been auto-extended:
b. Draw a line through the expiration date written in Section 2;
c. Write April 2, 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 this Notice's automatic
extension of EADs has ended or the employee presents a new document
to show continued employment authorization, whichever is sooner. By
April 3, 2019, when the employee's automatically extended EAD has
expired, employers are required by law to 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 these employees by
providing the employee's Alien Registration number (A#) or USCIS number
as the document number on Form I-9 in 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?
If you have employees who provided a TPS-related EAD with an
expiration date that has been auto-extended by this Notice, you should
dismiss the ``Work Authorization Documents Expiring'' case alert.
Before this employee starts to work on April 3, 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 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,
[[Page 54769]]
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 records available to DHS.
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 on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.
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, show you are authorized to work based on TPS or other
status, and/or that may be used by DHS to determine whether you have
TPS or other immigration status. Examples of such documents are:
(1) Your current EAD;
(2) A copy of this Federal Register Notice, providing an automatic
extension of your currently expired or expiring EAD;
(3) A copy of your Form I-94, (Arrival/Departure Record), or Form
I-797, Notice of Action (Approval Notice), that has been auto-extended
by this Notice and a copy of this Notice;
(4) Any other relevant DHS-issued document that indicates your
immigration status or authorization to be in the United States, or that
may be used by DHS to determine whether you have such status or
authorization to remain in the United States. Check with the government
agency regarding which document(s) the agency will accept.
Some benefit-granting agencies use the 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. 2018-23892 Filed 10-30-18; 8:45 am]
BILLING CODE 9111-97-P
