Continuation of Employment Authorization and Automatic Extension of Existing Employment Authorization Documents for Eligible Liberians Before Period of Deferred Enforced Departure Ends, 13059-13064 [2019-06577]
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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices
article incomplete or unfinished,
provided that, as presented, the
incomplete or unfinished article has the
essential character of the finished
article.’’ Additionally, EN 2(a) defines
the term ‘‘blanks’’ as ‘‘an article, not
ready for direct use, having the
approximate shape or outline of the
finished article or part, and which can
only be used, other than in exceptional
cases, for completion into the finished
article or part. Semi-manufactures not
yet having the essential shape of the
finished articles (such as is generally the
case with bars, discs, tubes, etc.) are not
regarded as ‘blanks.’ ’’
Petitioner argues that steel special
profiles do not have the ‘‘essential
character’’ of forklift truck parts as they
are specified in their own heading,
require extensive further manufacturing
after importation, the post-importation
manufacturing significantly alters the
original shape and outline, each profile
may be cut into different shapes, and
the products are recognized and sold in
the industry as steel profiles.
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Analysis Used by CBP in Prior Rulings
Historically, as noted by Petitioner,
CBP has classified special steel profiles
in heading 7216, HTSUS. In NY J82683,
dated April 18, 2003; NY N295670,
dated April 27, 2018; and NY N295858,
dated May 3, 2018, CBP classified hot
extruded nonalloy steel profiles in C, G,
J and S shapes, which had yet to be
machined, assembled into a frame and
painted after importation, in heading
7216, HTSUS. By contrast, in NY
N293371, where CBP referred to the
merchandise as ‘‘incomplete mast rails
and fingerbars,’’ CBP did find the steel
special profiles to be classified in
heading 8431, HTSUS, as parts of
forklifts, by application of GRI 2(a).
Whether the merchandise at issue and
subject to NY N293371 should be
reclassified under heading 7216,
HTSUS, consistent with the other cited
rulings (NY J82683, NY N295670 and
NY N295858), hinges on the
substantiality of the operations
performed after importation.
Section 232 Duties
The current column one, general rate
of duty for products classified in either
subheading discussed above is Free.
However, on March 8, 2018,
Presidential Proclamation 9705 (83 FR
11625) imposed additional tariffs and
quotas on a number of steel products.
Exemptions have been made on a
temporary basis for some countries.
Quantitative limitations or quotas may
apply for certain exempted countries
and can also be found in Chapter 99.
Additional duties for steel of 25 percent
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are reflected in Chapter 99, subheading
9903.80.01. Steel products of the United
Kingdom and Germany of heading
7216.50.00, HTSUS, are currently
subject to additional duties for steel of
25 percent under Subchapter III,
Chapter 99, U.S. Note 16(b). Importers
of such products must also identify
subheading 9903.80.01, HTSUS, at
entry. Products of the United Kingdom
and Germany of subheading 8431.20.00,
HTSUS, are currently not subject to
Section 232 duties.
13059
Dated: March 29, 2019.
Robert E. Perez,
Deputy Commissioner, U.S. Customs and
Border Protection.
eligible Liberians, the 12-month
deferred enforced departure (DED)
wind-down period and to provide for
continued work authorization through
March 30, 2020, after which date the
DED wind-down period will end.
During the extension of the 12-month
wind-down period of DED, affected
individuals may remain in the United
States. This Notice automatically
extends DED-related employment
authorization documents (EADs) that
have a printed expiration date of March
31, 2019, for an additional 180 days
through September 27, 2019, for eligible
Liberians. This Notice also provides
instructions for eligible Liberians on
how to apply for an EAD for the full 12month period of employment
authorization, through March 30, 2020.
USCIS will issue new EADs with a
March 30, 2020, expiration date to
eligible Liberians who are covered by
DED under the Presidential
Memorandum of March 28, 2019, and
who apply for a new EAD. DHS
recognizes that current DED-eligible
Liberians with EADs that expire on
March 31, 2019, will not receive new
EADs before such EADs expire.
Accordingly, through this Notice, DHS
also automatically extends the validity
of DED-related EADs for 180 days,
through September 27, 2019, and
explains how Liberians covered under
DED and their employers may
determine which EADs are
automatically extended and how this
impacts the Employment Eligibility
Verification (Form I–9), E-Verify, and
SAVE processes.
[FR Doc. 2019–06481 Filed 4–2–19; 8:45 am]
DATES:
Comments
Pursuant to section 175.21, CBP
Regulations (19 CFR 175.21), before
making a determination on this matter,
CBP invites written comments on the
petition from interested parties.
The domestic interested party petition
concerning the tariff classification of
certain steel special profiles, as well as
all comments received in response to
this notice, will be available for public
inspection on the docket at
www.regulations.gov. Please note that
any submitted comments that CBP
receives by mail will be posted on the
above-referenced docket for the public’s
convenience.
Authority
This notice is published in
accordance with 19 U.S.C. 1516 and
section 175.21 of the CBP Regulations
(19 CFR 175.21).
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
Continuation of Employment
Authorization and Automatic
Extension of Existing Employment
Authorization Documents for Eligible
Liberians Before Period of Deferred
Enforced Departure Ends
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice.
AGENCY:
On March 28, 2019, President
Trump issued a memorandum to the
Secretary of Homeland Security
(Secretary), Kirstjen M. Nielsen,
directing her to extend for certain,
SUMMARY:
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The 12-month wind-down
period for DED Liberia is extended
through March 30, 2020. The 180-day
automatic extension of DED-related
EADs, as specified in this Notice,
expires after September 27, 2019.
FOR FURTHER INFORMATION CONTACT:
• For further information on DED,
including additional information on
eligibility, please visit the USCIS DED
web page at https://www.uscis.gov/
humanitarian/temporary-protectedstatus/deferred-enforced-departure. You
can find specific information about DED
for Liberians by selecting ‘‘DED Granted
Country: Liberia’’ from the menu on the
left of the DED web page.
• You may also contact Samantha
Deshommes, Chief, Regulatory
Coordination Division, Office of Policy
and Strategy, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, by mail at 20
Massachusetts Avenue NW,
Washington, DC 20529–2060; or by
phone at 800–375–5283.
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• If you have additional questions
about DED, please visit https://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 the USCIS Contact Center
at 1–800–375–5283 (TTY 1–800–767–
1833).
• 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 1–800–375–5283 (TTY
800–767–1833).
• Further information will also be
available at local USCIS offices upon
publication of this Notice.
SUPPLEMENTARY INFORMATION:
Memorandum on Extension of Deferred
Enforced Departure for Liberians (March
28, 2019), available at https://
www.whitehouse.gov/presidentialactions/memorandum-extensiondeferred-enforced-departure-liberians/.
Note that DED only applies to
individuals who have continuously
resided in the United States since
October 1, 2002, and who held
Temporary Protected Status (TPS) on
September 30, 2007, the date that a
former TPS designation of Liberia
terminated. The President also directed
the Secretary to implement the
necessary steps to authorize continued
employment authorization for eligible
Liberians for 12 months, through March
30, 2020.
Table of Abbreviations
How will I know if I am eligible for
employment authorization under the
Presidential Memorandum that
extended for an additional 12 months
the DED wind-down period for eligible
Liberians?
The procedures for employment
authorization in this Notice apply only
to individuals who are Liberian
nationals (and persons without
nationality who last habitually resided
in Liberia) who:
• Have continuously resided in the
United States since October 1, 2002; and
• Are currently eligible Liberian DED
beneficiaries.
The above eligibility criteria are
described in the March 28, 2019,
Presidential Memorandum extending
the wind-down period for DED for
Liberians.2 Only individuals who held
TPS on September 30, 2007, the date
that a former TPS designation of Liberia
terminated, are eligible for DED under
this extension, provided they have
continued to meet all other eligibility
criteria established by the President.
This DED extension does not include
any individual:
• Who would be ineligible for TPS for
the reasons set forth in section
244(c)(2)(B) of the Immigration and
Nationality Act, 8 U.S.C. 1254a(c)(2)(B);
• Whose removal the Secretary
determines is in the interest of the
United States;
• Whose presence or activities in the
United States the Secretary of State has
reasonable grounds to believe would
have potentially serious adverse foreign
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DED—Deferred Enforced Departure
DHS—Department of Homeland Security
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
IER—U.S. Department of Justice Civil Rights
Division, Immigrant and Employee Rights
Section
SAVE—USCIS Systematic Alien Verification
for Entitlements Program
Secretary—Secretary of Homeland Security
TNC—Tentative Nonconfirmation
TPS—Temporary Protected Status
TTY—Text Telephone
USCIS—U.S. Citizenship and Immigration
Services
Presidential Memorandum Extending
DED for Eligible Liberians
Pursuant to the President’s
constitutional authority to conduct the
foreign relations of the United States,
President Trump has concluded that
foreign policy considerations warrant a
further 12-month extension of the
previously-announced 12-month winddown period of DED for Liberians,
through March 30, 2020.1 The President
concluded that the 12-month extension
of the wind-down period is appropriate
to provide Liberia’s government with
additional time to reintegrate its
returning citizens. The President further
authorized the 12-month extension of
the DED wind-down period to preserve
the status quo while Congress considers
legislation to provide relief for Liberians
covered by DED. The President
accordingly directed that current,
eligible Liberian DED beneficiaries who
remain eligible for DED be provided
with a 12-month extension of the winddown period for DED. See Presidential
1 See Filing Procedures for Employment
Authorization and Automatic Extension of Existing
Employment Authorization Documents for Eligible
Liberians Before Period of Deferred Enforced
Departure Ends, 83 FR 13767 (March 30, 2018).
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Employment Authorization and Filing
Requirements
2 See Presidential Memorandum for the Secretary
of State and the Secretary of Homeland Security on
Extension of Deferred Enforced Departure for
Liberians (March 28, 2019), available at https://
www.whitehouse.gov/presidential-actions/
memorandum-extension-deferred-enforceddeparture-liberians/.
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policy consequences for the United
States;
• Who has voluntarily returned to
Liberia or his or her country of last
habitual residence outside the United
States;
• Who was deported, excluded, or
removed prior to March 28, 2019; or
• Who is subject to extradition.
What will I need to file if I am covered
by DED and would like to have evidence
of employment authorization?
If you are covered under DED for
Liberia, and would like to maintain
evidence of your employment
authorization throughout the extension
of the 12-month wind-down period of
DED, you must apply for an EAD by
filing an Application for Employment
Authorization (Form I–765). USCIS will
begin accepting these applications on
April 3, 2019. Although this Notice
automatically extends DED-related
EADs that have a printed expiration
date of March 31, 2019, for an
additional 180 days through September
27, 2019, if you would like evidence of
your continued employment
authorization through March 30, 2020,
you must file an Application for
Employment Authorization (Form I–
765) as soon as possible to avoid gaps
in evidence of work authorization.
Please carefully follow the Application
for Employment Authorization (Form I–
765) instructions when completing the
application for an EAD. When filing the
Application for Employment
Authorization (Form I–765), you must:
• Indicate that you are eligible for
DED by entering ‘‘(a)(11)’’ in response to
Question 16 on the Application for
Employment Authorization (Form I–
765);
• Include a copy of your last Form I–
797, Notice of Action (Approval Notice)
showing that you were approved for
TPS as of September 30, 2007, if such
copy is available, and/or a copy of your
EAD that has an expiration date of
March 31, 2019, and states ‘‘A–11’’
under ‘‘Category’’; and
• Submit the fee for the Application
for Employment Authorization (Form I–
765).
The regulations require individuals
covered under DED who request an EAD
to pay the fee prescribed in 8 CFR 103.7
for the Application for Employment
Authorization (Form I–765). See also 8
CFR 274a.12(a)(11) (employment
authorization for DED-covered aliens);
and 8 CFR 274a.13(a) (requirement to
file EAD application if EAD desired). If
you are unable to pay the fee, you may
apply for an application fee waiver by
completing a Request for Fee Waiver
(Form I–912) or submitting a personal
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letter requesting a fee waiver, and
providing satisfactory supporting
documentation.
Note: If you have an Application for
Employment Authorization (Form I–
765) that was still pending as of March
31, 2019, then you should not file the
application again. If your pending EAD
application is approved, you will
receive an EAD valid through March 30,
2020.
How will I know if USCIS will need to
obtain biometrics?
If biometrics are required to produce
the secure EAD, USCIS will notify you
and schedule you for an appointment at
a USCIS Application Support Center.
13061
Where do I submit my completed
Application for Employment
Authorization (Form I–765)?
Mail your completed Application for
Employment Authorization (Form I–
765) and supporting documentation to
the proper address in Table 1.
TABLE 1—MAILING ADDRESSES
If you would like to send your application by:
Then, mail your application to:
U.S. Postal Service ..................................................................................
A non-U.S. Postal Service courier ...........................................................
USCIS, Attn: DED Liberia, P.O. Box 6943, Chicago, IL 60680–6943.
USCIS, Attn: DED Liberia, 131 S Dearborn, 3rd Floor, Chicago, IL
60603–5517.
Can I file my Application for
Employment Authorization (Form
I–765) electronically?
No. Electronic filing is not available
when filing Application for
Employment Authorization (Form I–
765) based on DED.
May I request an interim EAD at my
local USCIS office?
No. USCIS will not issue interim
EADs to individuals eligible for DED
under the Presidential Memorandum at
local offices.
Am I eligible to receive an automatic
180-day extension of my current EAD
through September 27, 2019?
You are eligible for an automatic 180day extension of your EAD if you are a
national of Liberia (or a person having
no nationality who last habitually
resided in Liberia), you are currently
covered by Liberian DED, and you are
within the class of persons approved for
DED by the President.
This automatic extension covers EADs
(Forms I–766) bearing an expiration date
of March 31, 2019. These EADs must
also bear the notation ‘‘A–11’’ on the
face of the card under ‘‘Category.’’
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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 the Lists of Acceptable
Documents on the third page of Form I–
9 as well as the ‘‘Acceptable
Documents’’ web page at https://
www.uscis.gov/i-9-central/acceptabledocuments. 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
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authorization to satisfy Form I–9
requirements.
You may present any document from
List A (which provides evidence of your
identity and employment authorization)
or one document from List B (which
provides evidence of your identity)
together with one document from List C
(which provides 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. An EAD is
considered an acceptable document
under List A.
You can find additional information
about Form I–9 on the I–9 Central web
page at https://www.uscis.gov/I-9Central.
If your EAD has an expiration date of
March 31, 2019, and states ‘‘A–11’’
under ‘‘Category,’’ it has been extended
automatically for 180 days consistent
with the President’s directive and the
issuance of this Federal Register Notice.
You may choose to present your EAD to
your employer as proof of identity and
employment authorization for Form I–9
through September 27, 2019. (See the
subsection titled ‘‘How do my employer
and I complete Employment Eligibility
Verification (Form I–9) using an
automatically extended EAD for a new
job?’’ for further information.) To
minimize confusion over this extension
at the time of hire, you may also show
your employer a copy of this Federal
Register Notice confirming the
extension of your employment
authorization through September 27,
2019.
What documentation may I show my
employer if I am already employed but
my current DED-related EAD is set to
expire?
Even though your EAD has been
automatically extended for 180 days,
your employer is required by law to ask
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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 EAD has been
automatically extended?’’ for further
information.) You may show this
Federal Register Notice to your
employer to explain what to do for Form
I–9 and to show that your EAD has been
automatically extended through
September 27, 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 Liberians is
September 27, 2019. Before you start
work on September 28, 2019, your
employer is required by law to reverify
your employment authorization in
Section 3 of Form I–9. 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 your employment
authorization. If your original Form I–9
was a previous verison, your employer
must complete Section 3 of the current
version of Form I–9, and attach it to
your previously completed Form I–9.
Your employer can check the 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
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you must present, and cannot reject an
acceptable receipt.
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Can my employer require that I produce
any other documentation to prove my
status, such as proof of my Liberian
citizenship?
No. When completing Form I–9,
including reverifying employment
authorization, employers must accept
any documentation that appears on the
Form I–9 List of Acceptable Documents
that reasonably appears to be genuine
and that relates to you, or an acceptable
List A, List B, or List C receipt.
Employers may not request additional
documentation that does not appear on
the Form I–9 Lists of Acceptable
Documents. Therefore, employers may
not request proof of Liberian citizenship
when completing Form I–9 for new
hires, making corrections, or reverifying
the employment authorization of
current employees. If presented with
EADs that have been automatically
extended, employers should accept such
documents as valid List A documents so
long as the EADs reasonably appear to
be genuine and to relate to the
employee. Refer to the Note to
Employees section of this 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.
What happens after September 27, 2019,
for purposes of employment
authorization?
After September 27, 2019, employers
may no longer accept the EADs that
were issued under the previous DED
extension of Liberia that this Federal
Register Notice automatically extended.
Before that time, however, USCIS will
endeavor to issue new EADs to eligible
individuals covered by DED who
request them. These new EADs will
have an expiration date of March 30,
2020, and can be presented to your
employer for completion of
Employment Eligibility Verification
(Form I–9). Alternatively, you may
choose to present any other legally
acceptable document or combination of
documents listed on the Lists of
Acceptable Documents for Employment
Eligibility Verification (Form I–9).
How do my employer and I complete
Employment Eligibility Verification
(Form I–9) using an automatically
extended EAD for a new job?
When using an automatically
extended EAD to complete Form I–9 for
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a new job on or before September 27,
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 September 27, 2019, as
the ‘‘expiration date’’; and
b. Enter your Alien Registration
Number/USCIS Number where
indicated (your EAD or other document
from DHS will have your USCIS number
or A-Number printed on it; the USCIS
Number is the same as your A-Number
without the A prefix).
2. For Section 2, your employer
should:
a. Determine if the EAD is
automatically extended 180 days by
ensuring it is in category A–11 and has
a March 31, 2019, expiration date;
If it has been automatically extended,
the employer should:
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write September 27, 2019, as the
expiration date.
Before the start of work on September
28, 2019, employers are required by law
to reverify the employee’s employment
authorization in Section 3 of Form I–9.
If your original Form I–9 was a previous
version, your employer must complete
Section 3 of the current version of Form
I–9 and attach it to your previously
completed Form I–9. Your employer can
check the I–9 Central web page at https://
www.uscis.gov/I-9Central for the most
current version of Form I–9.
What corrections should my current
employer and I make to Employment
Eligibility Verification (Form I–9) if my
EAD has been automatically extended?
If you are an existing employee who
presented a DED-related EAD that was
valid when you first started your job,
but that EAD has now been
automatically extended, your employer
may need to reinspect your current EAD
if your employer does not have a copy
of the EAD on file. You may, and your
employer should, correct your
previously completed Form I–9 as
follows:
1. For Section 1, you may:
a. Draw a line through the expiration
date in Section 1;
b. Write September 27, 2019, above
the previous date;
c. Write ‘‘DED Ext.’’ in the margin of
Section 1; and
d. Initial and date the correction in
the margin of Section 1.
2. For Section 2, employers should:
a. Determine if the EAD is
automatically extended for 180 days by
ensuring it shows category A–11 and
has an expiration date of March 31,
2019.
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If it has been automatically extended,
employers should:
b. Draw a line through the expiration
date written in Section 2;
c. Write September 27, 2019, above
the previous date;
d. Write ‘‘DED Ext.’’ in the margin or
Additional Information field in Section
2; and
e. Initial and date the correction in the
margin or Additional Information field
in Section 2.
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 September 28, 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 your original Form I–9
was a previous version, your employer
must complete Section 3 of the current
version of Form I–9 and attach it to your
previously completed Form I–9. Your
employer can check the I–9 Central web
page at https://www.uscis.gov/I-9Central
for the most current version of Form
I–9.
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 these employees by providing
the employee’s Alien Registration
number (A-Number) or USCIS number
from the document number field 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 DED-related EAD with an expiration
date that has been automatically
extended by this Notice, you should
dismiss the ‘‘Work Authorization
Documents Expiring’’ case alert. Before
this employee starts to work on
September 28, 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
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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 I-9Central@
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 at I-9Central@dhs.gov. Calls are
accepted in English, Spanish and many
other languages upon request.
Employees or applicants may also call
the IER Worker Information Hotline at
800–255–7688 (TTY 800–237–2515) for
information regarding employment
discrimination based upon citizenship,
immigration status, or national origin,
including discrimination related to
Form I–9 and E-Verify. The IER Worker
Information Hotline provides language
interpretation in numerous languages.
To comply with the law, employers
must accept any document or
combination of documents from the
Lists of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt described in the Form I–9
Instructions. Employers may not require
extra or additional documentation
beyond what is required for Form I–9
completion. Further, employers
participating in E-Verify who receive an
E-Verify case result of ‘‘Tentative
Nonconfirmation’’ (TNC) must promptly
inform employees of the TNC and give
such employees an opportunity to
contest the TNC. A TNC case result
means that the information entered into
E-Verify from Form I–9 differs from
Federal or State government records.
Employers may not terminate,
suspend, delay training, withhold pay,
lower pay, or take any adverse action
VerDate Sep<11>2014
17:19 Apr 02, 2019
Jkt 247001
against an employee based on the
employee’s decision to contest a TNC or
because the case is still pending with EVerify. A case result of Final
Nonconfirmation (FNC) is received
when E-Verify cannot confirm an
employee’s employment eligibility. An
employer may terminate employment
based on a case result of FNC. Workauthorized employees who receive an
FNC may call USCIS for assistance at
888–897–7781 (TTY is at 877–875–
6028). For more information about EVerify-related discrimination or to
report an employer for discrimination in
the E-Verify process based on
citizenship, immigration status, or
national origin, contact IER’s Worker
Hotline at 800–255–7688 (TTY 800–
237–2515). Additional information
about proper nondiscriminatory Form I–
9 and E-Verify procedures is available
on the IER website at https://
www.justice.gov/ier and the USCIS
website at https://www.dhs.gov/E-verify.
Note Regarding Federal, State, and
Local Government Agencies (Such as
Departments of Motor Vehicles)
While Federal Government agencies
must follow the guidelines laid out by
the Federal Government, State and local
government agencies establish their own
rules and guidelines when granting
certain benefits. Each State may have
different laws, requirements, and
determinations about what documents
you need to provide to prove eligibility
for certain benefits. Whether you are
applying for a Federal, State, or local
government benefit, you may need to
provide the government agency with
documents that show you are covered
by DED and/or show you are authorized
to work based on DED. Examples are:
(1) Your current EAD;
(2) Your automatically extended EAD
with a copy of this Federal Register
Notice, providing an automatic
extension of your currently expired or
expiring EAD;
(3) A copy of your past Application
for Temporary Protected Status Notice
of Action (Form I–797), if you received
one from USCIS, coupled with a copy of
the Presidential Memorandum
extending DED for Liberians; and/or
(4) A print-out from the USCIS DED
website that provides information on
the automatic extension.
Check with the government agency
regarding which document(s) the agency
will accept. Some benefit-granting
agencies use the SAVE program to
confirm the current immigration status
of applicants for public benefits. While
SAVE can verify when an individual
has DED, each agency’s procedures
govern whether they will accept an
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
13063
automatically extended DED-related
EAD. You should present the agency
with a copy of this Federal Register
Notice showing the extension of your
DED-related EAD in addition to your
recent DED-related EAD with your ANumber. You should explain that SAVE
will be able to verify the continuation of
your DED using this information. You
should ask the agency to initiate a SAVE
query with your information and follow
through with additional verification
steps, if necessary, to get a final SAVE
response showing the DED. You can
also ask the agency to look for SAVE
notices or contact SAVE if they have
any questions about your immigration
status or automatic extension of your
DED-related EAD. 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.
Travel Authorization and Advance
Parole
Individuals covered under DED who
would like to travel outside of the
United States must apply for and
receive advance parole by filing an
Application for Travel Document (Form
I–131) with required fee before
departing from the United States. See 8
CFR 223.2(a). DHS has the discretion to
determine whether to grant advance
parole and cannot guarantee advance
parole in all cases. In addition,
possession of an advance parole
document does not guarantee that you
will be permitted to re-enter the United
States, as that is a decision that will be
made by an immigration officer at the
port of entry upon your return. If you
E:\FR\FM\03APN1.SGM
03APN1
13064
Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices
seek advance parole to travel to Liberia
or to your country of last habitual
residence outside the United States, you
will risk being found ineligible to reenter the United States under DED
because the Presidential Memorandum
excludes persons ‘‘who have voluntarily
returned to Liberia or their country of
last habitual residence outside the
United States.’’
L. Francis Cissna,
Director, U.S. Citizenship and Immigration
Services.
[FR Doc. 2019–06577 Filed 4–1–19; 4:15 pm]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
Memorandum on Extension of
Deferred Enforced Departure for
Liberians
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice.
AGENCY:
A ‘‘Memorandum on Extension of
Deferred Enforced Departure for
Liberians’’ was issued by the President
on March 28, 2019. The memorandum
extends the wind-down period for
Liberian Deferred Enforced Departure
beneficiaries by an additional 12
months, through March 30, 2020. The
President authorized and directed the
Secretary of Homeland Security to
publish this memorandum in the
Federal Register. The text of the
memorandum is set out below.
khammond on DSKBBV9HB2PROD with NOTICES
L. Francis Cissna,
Director, U.S. Citizenship and Immigration
Services.
Memorandum on Extension of Deferred
Enforced Departure for Liberians
Since March 1991, certain Liberian
nationals and persons without
nationality who last habitually resided
in Liberia (collectively, ‘‘Liberians’’)
have been eligible for either Temporary
Protected Status (TPS) or Deferred
Enforced Departure (DED), allowing
them to remain in the United States
despite being otherwise removable.
In a memorandum dated March 27,
2018, I determined that, although
conditions in Liberia had improved and
did not warrant a further extension of
DED, the foreign policy interests of the
United States warranted affording an
orderly transition (‘‘wind-down’’)
period to Liberian DED beneficiaries. At
VerDate Sep<11>2014
17:19 Apr 02, 2019
Jkt 247001
that time, I determined that a 12-month
wind-down period was appropriate; that
wind-down period expires on March 31,
2019.
Upon further reflection and review, I
have decided that it is in the foreign
policy interest of the United States to
extend the wind-down period for an
additional 12 months, through March
30, 2020. The overall situation in West
Africa remains concerning, and Liberia
is an important regional partner for the
United States. The reintegration of DED
beneficiaries into Liberian civil and
political life will be a complex task, and
an unsuccessful transition could strain
United States-Liberian relations and
undermine Liberia’s post-civil war
strides toward democracy and political
stability. Further, I understand that
there are efforts underway by Members
of Congress to provide relief for the
small population of Liberian DED
beneficiaries who remain in the United
States. Extending the wind-down period
will preserve the status quo while the
Congress considers remedial legislation.
The relationship between the United
States and Liberia is unique. Former
African-American slaves were among
those who founded the modern state of
Liberia in 1847. Since that time, the
United States has sought to honor,
through a strong bilateral diplomatic
partnership, the sacrifices of individuals
who were determined to build a modern
democracy in Africa with representative
political institutions similar to those of
the United States.
Pursuant to my constitutional
authority to conduct the foreign
relations of the United States, I hereby
direct the Secretary of Homeland
Security to take appropriate measures to
accomplish the following:
(1) The termination of DED for all
Liberian beneficiaries effective March
31, 2020;
(2) A continuation of the wind-down
period through March 30, 2020, during
which current Liberian DED
beneficiaries who satisfy the description
below may remain in the United States;
and
(3) As part of that wind-down,
continued authorization for
employment through March 30, 2020,
for current Liberian DED beneficiaries
who satisfy the description below.
The 12-month wind-down period and
12-month continued authorization for
employment shall apply to any current
Liberian DED beneficiary who has
continuously resided in the United
States since October 1, 2002, but shall
not apply to Liberians in the following
categories:
(1) Individuals who are ineligible for
TPS for reasons set forth in section
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
244(c)(2)(B) of the Immigration and
Nationality Act (8 U.S.C.
1254a(c)(2)(B));
(2) Individuals whose removal the
Secretary of Homeland Security
determines to be in the interest of the
United States;
(3) Individuals whose presence or
activities in the United States the
Secretary of State has reasonable
grounds to believe would have
potentially serious adverse foreign
policy consequences for the United
States;
(4) Individuals who have voluntarily
returned to Liberia or their country of
last habitual residence outside the
United States;
(5) Individuals who were deported,
excluded, or removed before the date of
this memorandum; or
(6) Individuals who are subject to
extradition.
The Secretary of Homeland Security
is authorized and directed to publish
this memorandum in the Federal
Register.
DONALD J. TRUMP
[FR Doc. 2019–06576 Filed 4–1–19; 4:15 pm]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NAGPRA–NPS0027342;
PPWOCRADN0–PCU00RP14.R50000]
Native American Graves Protection
and Repatriation Review Committee
Finding Regarding Human Remains
and Associated Funerary Objects
Under the Control of the State of
Missouri Department of Natural
Resources, State Historic Preservation
Office, Jefferson City, MO
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The National Park Service is
publishing this notice as part of its
administrative responsibilities pursuant
to the Native American Graves
Protection and Repatriation Act
(NAGPRA or the Act). The
recommendations, findings, and actions
in this notice are advisory only and are
not binding on any person. On October
17, 2018, the Native American Graves
Protection and Repatriation Review
Committee (Review Committee) found
that there is not a reasonable basis to
make a cultural affiliation determination
for the human remains and associated
funerary objects from the Clarksville
Mound Group site and the Sac & Fox
NAGPRA Confederacy at this time.
SUMMARY:
E:\FR\FM\03APN1.SGM
03APN1
Agencies
[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Notices]
[Pages 13059-13064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06577]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
Continuation of Employment Authorization and Automatic Extension
of Existing Employment Authorization Documents for Eligible Liberians
Before Period of Deferred Enforced Departure Ends
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On March 28, 2019, President Trump issued a memorandum to the
Secretary of Homeland Security (Secretary), Kirstjen M. Nielsen,
directing her to extend for certain, eligible Liberians, the 12-month
deferred enforced departure (DED) wind-down period and to provide for
continued work authorization through March 30, 2020, after which date
the DED wind-down period will end. During the extension of the 12-month
wind-down period of DED, affected individuals may remain in the United
States. This Notice automatically extends DED-related employment
authorization documents (EADs) that have a printed expiration date of
March 31, 2019, for an additional 180 days through September 27, 2019,
for eligible Liberians. This Notice also provides instructions for
eligible Liberians on how to apply for an EAD for the full 12-month
period of employment authorization, through March 30, 2020.
USCIS will issue new EADs with a March 30, 2020, expiration date to
eligible Liberians who are covered by DED under the Presidential
Memorandum of March 28, 2019, and who apply for a new EAD. DHS
recognizes that current DED-eligible Liberians with EADs that expire on
March 31, 2019, will not receive new EADs before such EADs expire.
Accordingly, through this Notice, DHS also automatically extends the
validity of DED-related EADs for 180 days, through September 27, 2019,
and explains how Liberians covered under DED and their employers may
determine which EADs are automatically extended and how this impacts
the Employment Eligibility Verification (Form I-9), E-Verify, and SAVE
processes.
DATES: The 12-month wind-down period for DED Liberia is extended
through March 30, 2020. The 180-day automatic extension of DED-related
EADs, as specified in this Notice, expires after September 27, 2019.
FOR FURTHER INFORMATION CONTACT:
For further information on DED, including additional
information on eligibility, please visit the USCIS DED web page at
https://www.uscis.gov/humanitarian/temporary-protected-status/deferred-enforced-departure. You can find specific information about DED for
Liberians by selecting ``DED Granted Country: Liberia'' from the menu
on the left of the DED web page.
You may also contact Samantha Deshommes, Chief, Regulatory
Coordination Division, Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of Homeland Security, by mail at
20 Massachusetts Avenue NW, Washington, DC 20529-2060; or by phone at
800-375-5283.
[[Page 13060]]
If you have additional questions about DED, please visit
https://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 the USCIS Contact Center at 1-800-375-5283 (TTY 1-800-767-1833).
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 1-
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
DED--Deferred Enforced Departure
DHS--Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
Presidential Memorandum Extending DED for Eligible Liberians
Pursuant to the President's constitutional authority to conduct the
foreign relations of the United States, President Trump has concluded
that foreign policy considerations warrant a further 12-month extension
of the previously-announced 12-month wind-down period of DED for
Liberians, through March 30, 2020.\1\ The President concluded that the
12-month extension of the wind-down period is appropriate to provide
Liberia's government with additional time to reintegrate its returning
citizens. The President further authorized the 12-month extension of
the DED wind-down period to preserve the status quo while Congress
considers legislation to provide relief for Liberians covered by DED.
The President accordingly directed that current, eligible Liberian DED
beneficiaries who remain eligible for DED be provided with a 12-month
extension of the wind-down period for DED. See Presidential Memorandum
on Extension of Deferred Enforced Departure for Liberians (March 28,
2019), available at https://www.whitehouse.gov/presidential-actions/memorandum-extension-deferred-enforced-departure-liberians/. Note that
DED only applies to individuals who have continuously resided in the
United States since October 1, 2002, and who held Temporary Protected
Status (TPS) on September 30, 2007, the date that a former TPS
designation of Liberia terminated. The President also directed the
Secretary to implement the necessary steps to authorize continued
employment authorization for eligible Liberians for 12 months, through
March 30, 2020.
---------------------------------------------------------------------------
\1\ See Filing Procedures for Employment Authorization and
Automatic Extension of Existing Employment Authorization Documents
for Eligible Liberians Before Period of Deferred Enforced Departure
Ends, 83 FR 13767 (March 30, 2018).
---------------------------------------------------------------------------
Employment Authorization and Filing Requirements
How will I know if I am eligible for employment authorization under the
Presidential Memorandum that extended for an additional 12 months the
DED wind-down period for eligible Liberians?
The procedures for employment authorization in this Notice apply
only to individuals who are Liberian nationals (and persons without
nationality who last habitually resided in Liberia) who:
Have continuously resided in the United States since
October 1, 2002; and
Are currently eligible Liberian DED beneficiaries.
The above eligibility criteria are described in the March 28, 2019,
Presidential Memorandum extending the wind-down period for DED for
Liberians.\2\ Only individuals who held TPS on September 30, 2007, the
date that a former TPS designation of Liberia terminated, are eligible
for DED under this extension, provided they have continued to meet all
other eligibility criteria established by the President. This DED
extension does not include any individual:
---------------------------------------------------------------------------
\2\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extension of Deferred Enforced
Departure for Liberians (March 28, 2019), available at https://www.whitehouse.gov/presidential-actions/memorandum-extension-deferred-enforced-departure-liberians/.
---------------------------------------------------------------------------
Who would be ineligible for TPS for the reasons set forth
in section 244(c)(2)(B) of the Immigration and Nationality Act, 8
U.S.C. 1254a(c)(2)(B);
Whose removal the Secretary determines is in the interest
of the United States;
Whose presence or activities in the United States the
Secretary of State has reasonable grounds to believe would have
potentially serious adverse foreign policy consequences for the United
States;
Who has voluntarily returned to Liberia or his or her
country of last habitual residence outside the United States;
Who was deported, excluded, or removed prior to March 28,
2019; or
Who is subject to extradition.
What will I need to file if I am covered by DED and would like to have
evidence of employment authorization?
If you are covered under DED for Liberia, and would like to
maintain evidence of your employment authorization throughout the
extension of the 12-month wind-down period of DED, you must apply for
an EAD by filing an Application for Employment Authorization (Form I-
765). USCIS will begin accepting these applications on April 3, 2019.
Although this Notice automatically extends DED-related EADs that have a
printed expiration date of March 31, 2019, for an additional 180 days
through September 27, 2019, if you would like evidence of your
continued employment authorization through March 30, 2020, you must
file an Application for Employment Authorization (Form I-765) as soon
as possible to avoid gaps in evidence of work authorization. Please
carefully follow the Application for Employment Authorization (Form I-
765) instructions when completing the application for an EAD. When
filing the Application for Employment Authorization (Form I-765), you
must:
Indicate that you are eligible for DED by entering
``(a)(11)'' in response to Question 16 on the Application for
Employment Authorization (Form I-765);
Include a copy of your last Form I-797, Notice of Action
(Approval Notice) showing that you were approved for TPS as of
September 30, 2007, if such copy is available, and/or a copy of your
EAD that has an expiration date of March 31, 2019, and states ``A-11''
under ``Category''; and
Submit the fee for the Application for Employment
Authorization (Form I-765).
The regulations require individuals covered under DED who request
an EAD to pay the fee prescribed in 8 CFR 103.7 for the Application for
Employment Authorization (Form I-765). See also 8 CFR 274a.12(a)(11)
(employment authorization for DED-covered aliens); and 8 CFR 274a.13(a)
(requirement to file EAD application if EAD desired). If you are unable
to pay the fee, you may apply for an application fee waiver by
completing a Request for Fee Waiver (Form I-912) or submitting a
personal
[[Page 13061]]
letter requesting a fee waiver, and providing satisfactory supporting
documentation.
Note: If you have an Application for Employment Authorization (Form
I-765) that was still pending as of March 31, 2019, then you should not
file the application again. If your pending EAD application is
approved, you will receive an EAD valid through March 30, 2020.
How will I know if USCIS will need to obtain biometrics?
If biometrics are required to produce the secure EAD, USCIS will
notify you and schedule you for an appointment at a USCIS Application
Support Center.
Where do I submit my completed Application for Employment Authorization
(Form I-765)?
Mail your completed Application for Employment Authorization (Form
I-765) and supporting documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you would like to send your Then, mail your application to:
application by:
------------------------------------------------------------------------
U.S. Postal Service.................... USCIS, Attn: DED Liberia, P.O.
Box 6943, Chicago, IL 60680-
6943.
A non-U.S. Postal Service courier...... USCIS, Attn: DED Liberia, 131 S
Dearborn, 3rd Floor, Chicago,
IL 60603-5517.
------------------------------------------------------------------------
Can I file my Application for Employment Authorization (Form I-765)
electronically?
No. Electronic filing is not available when filing Application for
Employment Authorization (Form I-765) based on DED.
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to individuals eligible for
DED under the Presidential Memorandum at local offices.
Am I eligible to receive an automatic 180-day extension of my current
EAD through September 27, 2019?
You are eligible for an automatic 180-day extension of your EAD if
you are a national of Liberia (or a person having no nationality who
last habitually resided in Liberia), you are currently covered by
Liberian DED, and you are within the class of persons approved for DED
by the President.
This automatic extension covers EADs (Forms I-766) bearing an
expiration date of March 31, 2019. These EADs must also bear the
notation ``A-11'' on the face of the card under ``Category.''
When hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing Employment
Eligibility Verification (Form I-9)?
You can find the Lists of Acceptable Documents on the third page of
Form I-9 as well as the ``Acceptable Documents'' web page 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 your identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides 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.
An EAD is considered an acceptable document under List A.
You can find additional information about Form I-9 on the I-9
Central web page at https://www.uscis.gov/I-9Central.
If your EAD has an expiration date of March 31, 2019, and states
``A-11'' under ``Category,'' it has been extended automatically for 180
days consistent with the President's directive and the issuance of this
Federal Register Notice. You may choose to present your EAD to your
employer as proof of identity and employment authorization for Form I-9
through September 27, 2019. (See the subsection titled ``How do my
employer and I complete Employment Eligibility Verification (Form I-9)
using an automatically extended EAD for a new job?'' for further
information.) To minimize confusion over this extension at the time of
hire, you may also show your employer a copy of this Federal Register
Notice confirming the extension of your employment authorization
through September 27, 2019.
What documentation may I show my employer if I am already employed but
my current DED-related EAD is set to expire?
Even though your EAD has been automatically extended for 180 days,
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 EAD has been automatically extended?''
for further information.) You may show this Federal Register Notice to
your employer to explain what to do for Form I-9 and to show that your
EAD has been automatically extended through September 27, 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 Liberians
is September 27, 2019. Before you start work on September 28, 2019,
your employer is required by law to reverify your employment
authorization in Section 3 of Form I-9. 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 your employment
authorization. If your original Form I-9 was a previous verison, your
employer must complete Section 3 of the current version of Form I-9,
and attach it to your previously completed Form I-9. Your employer can
check the 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
[[Page 13062]]
you must present, and cannot reject an acceptable receipt.
Can my employer require that I produce any other documentation to prove
my status, such as proof of my Liberian citizenship?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 List of Acceptable Documents that reasonably appears to be
genuine and that relates to you, or an acceptable List A, List B, or
List C receipt. Employers may not request additional documentation that
does not appear on the Form I-9 Lists of Acceptable Documents.
Therefore, employers may not request proof of Liberian citizenship when
completing Form I-9 for new hires, making corrections, or reverifying
the employment authorization of current employees. If presented with
EADs that have been automatically extended, employers should accept
such documents as valid List A documents so long as the EADs reasonably
appear to be genuine and to relate to the employee. Refer to the Note
to Employees section of this 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.
What happens after September 27, 2019, for purposes of employment
authorization?
After September 27, 2019, employers may no longer accept the EADs
that were issued under the previous DED extension of Liberia that this
Federal Register Notice automatically extended. Before that time,
however, USCIS will endeavor to issue new EADs to eligible individuals
covered by DED who request them. These new EADs will have an expiration
date of March 30, 2020, and can be presented to your employer for
completion of Employment Eligibility Verification (Form I-9).
Alternatively, you may choose to present any other legally acceptable
document or combination of documents listed on the Lists of Acceptable
Documents for Employment Eligibility Verification (Form I-9).
How do my employer and I complete Employment Eligibility Verification
(Form I-9) using an automatically extended EAD for a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job on or before September 27, 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 September
27, 2019, as the ``expiration date''; and
b. Enter your Alien Registration Number/USCIS Number where
indicated (your EAD or other document from DHS will have your USCIS
number or A-Number printed on it; the USCIS Number is the same as your
A-Number without the A prefix).
2. For Section 2, your employer should:
a. Determine if the EAD is automatically extended 180 days by
ensuring it is in category A-11 and has a March 31, 2019, expiration
date;
If it has been automatically extended, the employer should:
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write September 27, 2019, as the expiration date.
Before the start of work on September 28, 2019, employers are
required by law to reverify the employee's employment authorization in
Section 3 of Form I-9. If your original Form I-9 was a previous
version, your employer must complete Section 3 of the current version
of Form I-9 and attach it to your previously completed Form I-9. Your
employer can check the I-9 Central web page at https://www.uscis.gov/I-9Central for the most current version of Form I-9.
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?
If you are an existing employee who presented a DED-related EAD
that was valid when you first started your job, but that EAD has now
been automatically extended, your employer may need to reinspect your
current EAD if your employer does not have a copy of the EAD on file.
You may, and your employer should, correct your previously completed
Form I-9 as follows:
1. For Section 1, you may:
a. Draw a line through the expiration date in Section 1;
b. Write September 27, 2019, above the previous date;
c. Write ``DED Ext.'' in the margin of Section 1; and
d. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Determine if the EAD is automatically extended for 180 days by
ensuring it shows category A-11 and has an expiration date of March 31,
2019.
If it has been automatically extended, employers should:
b. Draw a line through the expiration date written in Section 2;
c. Write September 27, 2019, above the previous date;
d. Write ``DED Ext.'' in the margin or Additional Information field
in Section 2; and
e. Initial and date the correction in the margin or Additional
Information field in Section 2.
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
September 28, 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 your original Form I-9 was a
previous version, your employer must complete Section 3 of the current
version of Form I-9 and attach it to your previously completed Form I-
9. Your employer can check the I-9 Central web page at https://www.uscis.gov/I-9Central for the most current version of Form I-9.
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-Number) or USCIS
number from the document number field 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 DED-related EAD with an
expiration date that has been automatically extended by this Notice,
you should dismiss the ``Work Authorization Documents Expiring'' case
alert. Before this employee starts to work on September 28, 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
[[Page 13063]]
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 at [email protected]. Calls are accepted in English, Spanish and
many other languages upon request. Employees or applicants may also
call the IER Worker Information Hotline at 800-255-7688 (TTY 800-237-
2515) for information regarding employment discrimination based upon
citizenship, immigration status, or national origin, including
discrimination related to Form I-9 and E-Verify. The IER Worker
Information Hotline provides language interpretation in numerous
languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt described
in the Form I-9 Instructions. Employers may not require extra or
additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from Form I-9 differs from Federal or
State government records.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against an employee based on the
employee's decision to contest a TNC or because the case is still
pending with E-Verify. A case result of Final Nonconfirmation (FNC) is
received when E-Verify cannot confirm an employee's employment
eligibility. An employer may terminate employment based on a case
result of FNC. Work-authorized employees who receive an FNC may call
USCIS for assistance at 888-897-7781 (TTY is at 877-875-6028). For more
information about E-Verify-related discrimination or to report an
employer for discrimination in the E-Verify process based on
citizenship, immigration status, or national origin, contact IER's
Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at https://www.justice.gov/ier and the USCIS website at https://www.dhs.gov/E-verify.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
While Federal Government agencies must follow the guidelines laid
out by the Federal Government, State and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each State may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, State, or local government benefit, you may need to provide
the government agency with documents that show you are covered by DED
and/or show you are authorized to work based on DED. Examples are:
(1) Your current EAD;
(2) Your automatically extended EAD with a copy of this Federal
Register Notice, providing an automatic extension of your currently
expired or expiring EAD;
(3) A copy of your past Application for Temporary Protected Status
Notice of Action (Form I-797), if you received one from USCIS, coupled
with a copy of the Presidential Memorandum extending DED for Liberians;
and/or
(4) A print-out from the USCIS DED website that provides
information on the automatic extension.
Check with the government agency regarding which document(s) the
agency will accept. Some benefit-granting agencies use the SAVE program
to confirm the current immigration status of applicants for public
benefits. While SAVE can verify when an individual has DED, each
agency's procedures govern whether they will accept an automatically
extended DED-related EAD. You should present the agency with a copy of
this Federal Register Notice showing the extension of your DED-related
EAD in addition to your recent DED-related EAD with your A-Number. You
should explain that SAVE will be able to verify the continuation of
your DED using this information. You should ask the agency to initiate
a SAVE query with your information and follow through with additional
verification steps, if necessary, to get a final SAVE response showing
the DED. You can also ask the agency to look for SAVE notices or
contact SAVE if they have any questions about your immigration status
or automatic extension of your DED-related EAD. 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.
Travel Authorization and Advance Parole
Individuals covered under DED who would like to travel outside of
the United States must apply for and receive advance parole by filing
an Application for Travel Document (Form I-131) with required fee
before departing from the United States. See 8 CFR 223.2(a). DHS has
the discretion to determine whether to grant advance parole and cannot
guarantee advance parole in all cases. In addition, possession of an
advance parole document does not guarantee that you will be permitted
to re-enter the United States, as that is a decision that will be made
by an immigration officer at the port of entry upon your return. If you
[[Page 13064]]
seek advance parole to travel to Liberia or to your country of last
habitual residence outside the United States, you will risk being found
ineligible to re-enter the United States under DED because the
Presidential Memorandum excludes persons ``who have voluntarily
returned to Liberia or their country of last habitual residence outside
the United States.''
L. Francis Cissna,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2019-06577 Filed 4-1-19; 4:15 pm]
BILLING CODE 9111-97-P