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]

Download as PDF 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. khammond on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 17:19 Apr 02, 2019 Jkt 247001 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: PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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. E:\FR\FM\03APN1.SGM 03APN1 13060 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices • 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 khammond on DSKBBV9HB2PROD with NOTICES 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). VerDate Sep<11>2014 17:19 Apr 02, 2019 Jkt 247001 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/. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 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 E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices 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.’’ khammond on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 17:19 Apr 02, 2019 Jkt 247001 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 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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 E:\FR\FM\03APN1.SGM 03APN1 13062 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices you must present, and cannot reject an acceptable receipt. khammond on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 17:19 Apr 02, 2019 Jkt 247001 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. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 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 E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES 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


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