Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan, 59403-59410 [2019-24047]
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Federal Register / Vol. 84, No. 213 / Monday, November 4, 2019 / Notices
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including using
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Consistent with the requirements of
Executive Order (E.O.) 13771, Reducing
Regulation and Controlling Regulatory
Costs, and E.O. 13777, Enforcing the
Regulatory Reform Agenda, TSA is also
requesting comments on the extent to
which this request for information could
be modified to reduce the burden on
respondents.
Information Collection Requirement
Title: TSA infoBoards.
Type of Request: Revision of a
collection.
OMB Control Number: 1652–0065.
Form(s): TSA Forms 1427 and 1430.
Affected Public: Individuals with
transportation security responsibilities,
such as aircraft operators, airport
security coordinators, and international
transportation security coordinators.
Abstract: TSA infoBoards was
developed by TSA as part of its broad
responsibilities and authorities under
the Aviation and Transportation
Security Act (ATSA), and delegated
authority from the Secretary of
Homeland Security, for ‘‘security in all
modes of transportation . . . including
security responsibilities . . . over
modes of transportation that are
exercised by the Department of
Transportation.’’ 1 TSA infoBoards is an
information-sharing environment
designed to serve stakeholders in the
transportation security community and
is used to disseminate mission-critical
information. It is located in a secure
online environment and is accessible
from the Homeland Security
Information Network (HSIN) and TSA
(for TSA staff only). Accessing and
using TSA infoBoards is completely
1 See Public Law 107–71 (115 Stat. 597, Nov. 19,
2001), codified at 49 U.S.C. 114 (d). The TSA
Assistant Secretary’s current authorities under
ATSA have been delegated to him by the Secretary
of Homeland Security. Section 403(2) of the
Homeland Security Act (HSA) of 2002, Public Law
107–296 (116 Stat. 2315, Nov. 25, 2002), transferred
all functions of TSA, including those of the
Secretary of Transportation and the Under Secretary
of Transportation of Security related to TSA, to the
Secretary of Homeland Security. Pursuant to DHS
Delegation Number 7060.2, the Secretary delegated
to the Assistant Secretary (then referred to as the
Administrator of TSA), subject to the Secretary’s
guidance and control, the authority vested in the
Secretary with respect to TSA, including that in
section 403(2) of the HSA.
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voluntary; TSA does not require
participation.
TSA collects two types of information
through TSA infoBoards: (1) User
registration information and (2) user’s
choice of ‘‘communities.’’ TSA is
revising the collection instrument, TSA
Form 1427, TSA infoBoards User
Account Request/Renewal, to include
an additional instrument, TSA Form
1430, Computer Access Agreement
(CAA) External Personnel Only, to
correct typographical errors and to
update the list of TSA infoBoards
names.
Number of Respondents: 5,000 users.
Estimated Annual Burden Hours: An
estimated 10,000 hours annually.
Dated: October 29, 2019.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer,
Information Technology.
[FR Doc. 2019–23969 Filed 11–1–19; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2654–19; DHS Docket No. USCIS–
2019–0020]
RIN 1615–ZB83
Continuation of Documentation for
Beneficiaries of Temporary Protected
Status Designations for El Salvador,
Haiti, Honduras, Nepal, Nicaragua, and
Sudan
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: Notice.
AGENCY:
Through this notice, the
Department of Homeland Security
(DHS) announces actions to ensure its
continued compliance with the
preliminary injunction orders of the
U.S. District Court for the Northern
District of California in Ramos, et al. v.
Nielsen, et al., No. 18–cv–01554 (N.D.
Cal. Oct. 3, 2018) (‘‘Ramos’’) and the
U.S. District Court for the Eastern
District of New York in Saget, et al., v.
Trump, et al., No. 18–cv–1599 (E.D.N.Y.
Apr. 11, 2019) (‘‘Saget’’), and with the
order of the U.S. District Court for the
Northern District of California to stay
proceedings in Bhattarai v. Nielsen, No.
19–cv–00731 (N.D. Cal. Mar. 12, 2019)
(‘‘Bhattarai’’). Beneficiaries under the
Temporary Protected Status (TPS)
designations for El Salvador, Honduras,
Nepal, Nicaragua, and Sudan will retain
their TPS while the preliminary
SUMMARY:
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59403
injunction in Ramos remains in effect,
provided that an alien’s TPS is not
withdrawn because of individual
ineligibility. Beneficiaries under the
TPS designation for Haiti will retain
their TPS while either of the
preliminary injunctions in Ramos or
Saget remain in effect, provided that an
alien’s TPS is not withdrawn because of
individual ineligibility. This notice
further provides information on the
automatic extension of the validity of
TPS-related Employment Authorization
Documents (EADs); Notices of Action
(Forms I–797); and Arrival/Departure
Records (Forms I–94), (collectively
‘‘TPS-related documentation’’); for those
beneficiaries under the TPS
designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and
Sudan.
DATES: DHS is automatically extending
the validity of TPS-related
documentation for beneficiaries under
the TPS designations for El Salvador,
Haiti, Honduras, Nepal, Nicaragua, and
Sudan, as specified in this notice. Such
TPS-related documentation will remain
in effect through January 4, 2021, from
the current expiration dates of: January
2, 2020 (for beneficiaries under the TPS
designations for El Salvador, Haiti,
Nicaragua, and Sudan); January 5, 2020
(for beneficiaries under the TPS
designation for Honduras); and March
24, 2020 (for beneficiaries under the
TPS designation for Nepal).
FOR FURTHER INFORMATION CONTACT:
• You may contact Maureen Dunn,
Chief, Humanitarian Affairs Division,
Office of Policy and Strategy, U.S.
Citizenship and Immigration Services,
U.S. Department of Homeland Security,
by mail at 20 Massachusetts Avenue
NW, Washington, DC 20529–2060; or by
phone at 800–375–5283.
• For further information on TPS,
please visit the USCIS TPS web page at
www.uscis.gov/tps.
• If you have additional questions
about (TPS), please visit uscis.gov/tools.
Our online virtual assistant, Emma, can
answer many of your questions and
point you to additional information on
our website. If you are unable to find
your answers there, you may also call
our U.S. Citizenship and Immigration
Services (USCIS) Contact Center at 800–
375–5283 (TTY 800–767–1833).
• Applicants seeking information
about the status of their individual cases
may check Case Status Online, available
on the USCIS website at www.uscis.gov,
or call the USCIS Contact Center at 800–
375–5283 (TTY 800–767–1833).
• Further information will also be
available at local USCIS offices upon
publication of this notice.
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SUPPLEMENTARY INFORMATION:
Table of Abbreviations
CFR—Code of Federal Regulations
DHS—U.S. Department of Homeland
Security
EAD—Employment Authorization Document
FNC—Final Nonconfirmation
Form I–765—Application for Employment
Authorization
Form I–797—Notice of Action
Form I–821—Application for Temporary
Protected Status
Form I–9—Employment Eligibility
Verification
Form I–912—Request for Fee Waiver
Form I–94—Arrival/Departure Record
Government—U.S. Government
INA—Immigration and Nationality Act
IER—U.S. Department of Justice Civil Rights
Division, Immigrant and Employee Rights
Section
SAVE—USCIS Systematic Alien Verification
for Entitlements Program
Secretary—Secretary of Homeland Security
TNC—Tentative Nonconfirmation
TPS—Temporary Protected Status
TTY—Text Telephone
USCIS—U.S. Citizenship and Immigration
Services
Background on Temporary Protected
Status (TPS)
• TPS is a temporary immigration
status granted to eligible nationals of a
country designated for TPS under the
Immigration and Nationality Act (INA)
or to eligible persons without
nationality who last habitually resided
in the designated country.
• During the TPS designation period,
TPS beneficiaries are eligible to remain
in the United States, may not be
removed, and are authorized to obtain
EADs so long as they continue to meet
the requirements of TPS.
• TPS beneficiaries may also apply
for travel authorization as a matter of
discretion.
• The granting of TPS does not result
in or lead to lawful permanent resident
status.
• To qualify for TPS, beneficiaries
must meet the eligibility standards at
INA section 244(c)(1)–(2), 8 U.S.C.
1254a(c)(1)–(2).
• When the Secretary of Homeland
Security (the Secretary) terminates a
country’s TPS designation, beneficiaries
return to one of the following:
Æ The same immigration status or
category that they maintained before
TPS, if any (unless that status or
category has since expired or been
terminated); or
Æ Any other lawfully obtained
immigration status or category they
received while registered for TPS, as
long as it is still valid on the date TPS
terminates.
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Purpose of This Action
DHS last published notices to ensure
its compliance with the Ramos
preliminary injunction on March 1,
2019, and the Bhattarai order to stay
proceedings on May 10, 2019. 84 FR
7103; 84 FR 20647. Through this
Federal Register notice, DHS announces
actions to ensure its continued
compliance with the Ramos and Saget
preliminary injunction orders and with
the order to stay proceedings in
Bhattarai.
The TPS designations for El Salvador,
Nicaragua, and Sudan will remain in
effect, as required by the Ramos order,
so long as the preliminary injunction
remains in effect. The TPS designation
for Haiti will remain in effect, as
required by the preliminary injunction
orders in both Ramos and Saget, so long
as either of those preliminary
injunctions remain in effect. The TPS
designations for Honduras and Nepal
will remain in effect, as required by the
Bhattarai order to stay proceedings,
pending final disposition of the
Government’s appeal of the preliminary
injunction order in Ramos. Beneficiaries
under the TPS designations for El
Salvador, Honduras, Nepal, Nicaragua,
and Sudan will retain their TPS while
the preliminary injunction in Ramos
remains in effect, and beneficiaries
under the TPS designation for Haiti will
retain their TPS while the preliminary
injunctions in either Ramos or Saget
remain in effect, provided that an alien’s
TPS status is not withdrawn under INA
section 244(c)(3) because of individual
ineligibility. See also 8 CFR 244.14.
DHS will not terminate TPS for any of
the affected countries pending final
disposition of the Ramos appeal, or for
Haiti pending both Ramos and Saget
appeals, including through any
additional appellate channels in which
relief may be sought, or by other orders
of the court.
DHS is further announcing it is
automatically extending, through
January 4, 2021, the validity of certain
TPS-related documentation, as specified
in this notice, for beneficiaries under
the TPS designations for El Salvador,
Haiti, Honduras, Nepal, Nicaragua, and
Sudan, provided that the affected
beneficiaries remain individually
eligible for TPS. This notice also
provides information explaining DHS’s
plans to issue subsequent notices that
will describe the steps DHS will take to
address the status of beneficiaries under
the TPS designations for all the affected
countries, if continued compliance with
the Ramos or Saget preliminary
injunctions or the Bhattarai order to
stay proceedings becomes necessary.
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Automatic Extension of EADs Issued
Under the TPS Designations for El
Salvador, Haiti, Honduras, Nepal,
Nicaragua, and Sudan
Through this Federal Register notice,
DHS automatically extends the validity
of EADs listed in Table 1 below issued
to beneficiaries under the TPS
designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and
Sudan. Such individuals may show
their automatically-extended EAD to
employers to demonstrate they have
employment authorization, and may
wish also to show employers this
Federal Register Notice to explain that
their TPS-Related Documentation has
been extended through January 4, 2021.
This Notice explains how TPS
beneficiaries, their employers, and
benefit-granting agencies may determine
which EADs are automatically extended
and how this affects the Form I–9,
Employment Eligibility Verification, EVerify, and USCIS Systematic Alien
Verification for Entitlements (SAVE)
processes. Additionally, a beneficiary
under the TPS designation for any of
these countries who has applied for a
new EAD but who has not yet received
his or her new EAD is covered by this
automatic extension, provided that the
EAD he or she possesses contains one of
the expiration dates listed in Table 1
below.
TABLE 1—AFFECTED EADS
If an EAD has a
category code of A–
12 or C–19 and an
expiration date of:
07/22/2017
11/02/2017
01/05/2018
01/22/2018
03/09/2018
06/24/2018
07/05/2018
11/02/2018
01/05/2019
04/02/2019
06/24/2019
07/22/2019
09/09/2019
01/02/2020
01/05/2020
03/24/2020
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
Then the validity of the
EAD is extended
through:
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
Automatic Extension of Forms I–94 and
Forms I–797
Also through this Federal Register
notice, DHS automatically extends the
validity periods of the Forms I–94 and
Forms I–797 listed in Table 2 below
previously issued to beneficiaries under
the TPS designations for El Salvador,
Haiti, Honduras, Nepal, Nicaragua, and
Sudan. These extensions apply only if
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the TPS beneficiary properly filed for reregistration during either the most
recent DHS-announced registration
period for their country, or any
applicable previous DHS-announced reregistration periods for his or her
country,1 or has a re-registration
application that remains pending. This
notice does not extend the validity
periods of Forms I–94 or Forms I–797
for any TPS beneficiary who failed to
file for TPS re-registration during one of
59405
the applicable previous DHS-announced
re-registration periods, or for whom a reregistration request has been finally
denied. In addition, the extensions do
not apply for any beneficiary from
whom TPS has been finally withdrawn.
TABLE 2—AFFECTED FORMS I–94 AND I–797
Country
El Salvador ..............................................................................................................
Haiti .........................................................................................................................
Honduras .................................................................................................................
Nepal .......................................................................................................................
Nicaragua ................................................................................................................
Sudan ......................................................................................................................
Application Procedures
Current beneficiaries under the TPS
designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and Sudan
do not need to pay a fee or file any
application, including Application for
Employment Authorization (Form I–
765), to maintain their TPS benefits
through January 4, 2021, provided that
they have properly re-registered for TPS
during either the most recent DHSannounced registration period for their
country, or any applicable previous reregistration period described in
Footnote 1, above.
TPS beneficiaries who have failed to
re-register properly for TPS during any
of these re-registration periods may still
file an Application for Temporary
Protected Status (Form I–821), but must
demonstrate ‘‘good cause’’ for failing to
re-register on time, as required by law.
See INA section 244(c)(3)(C) (TPS
beneficiary’s failure to register without
good cause in form and manner
specified by DHS is ground for TPS
withdrawal); 8 CFR 244.17(b) and Form
I–821 instructions.
1 El Salvador: July 8—Sept. 6, 2016
(corresponding to an end validity date of Mar. 9,
2018) or Jan. 18–Mar. 19, 2018 (corresponding to an
end validity date of Sept. 9, 2019); Haiti: Aug. 25—
Oct. 26, 2015 (corresponding to an end validity date
of July 22, 2017), May 24—July 24, 2017
(corresponding to an end validity date of Jan. 22,
2018), or Jan. 18—Mar. 19, 2018 (corresponding to
an end validity date of July 22, 2019); Honduras:
May 16—July 15, 2016 (corresponding to an end
validity date of Jan. 5, 2018); Dec. 15, 2017—Feb.
13, 2018 (corresponding to an end date of July 5,
2018) or June 5—Aug. 6, 2018 (corresponding to an
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Beginning date of
validity:
End date of validity:
Sept. 10, 2016 .......
Mar. 10, 2018 ........
Jan. 23, 2016 .........
Jul. 23, 2017 ..........
Jan. 23, 2018 .........
July 6, 2016 ...........
Jan. 6, 2018 ...........
July 6, 2018 ...........
Dec. 25, 2016 ........
June 25, 2018 ........
July 6, 2016 ...........
Jan. 6, 2018 ...........
May 3, 2016 ...........
Nov. 3, 2017 ..........
Mar. 9, 2018 ..........
Sept. 9, 2019 .........
Jul. 22, 2017 ..........
Jan. 22, 2018 .........
July 22, 2019 .........
Jan. 5, 2018 ...........
July 5, 2018 ...........
Jan. 5, 2020 ...........
June 24, 2018 ........
June 24, 2019 ........
Jan. 5, 2018 ...........
Jan. 5, 2019 ...........
Nov. 2, 2017 ..........
Nov. 2, 2018 ..........
Any currently eligible beneficiary
who does not presently have a pending
EAD application under the TPS
designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, or Sudan
may file Form I–765 with appropriate
fee.
Possible Future Action
In order to comply with statutory
requirements for TPS while the district
courts’ orders or any superseding court
order concerning the beneficiaries under
the TPS designations for El Salvador,
Haiti, Honduras, Nepal, Nicaragua, and
Sudan are pending, DHS may require
these beneficiaries to re-register and
announce the re-registration procedures
in a future Federal Register notice. See
section 244(c)(3)(C) of the INA; 8 CFR
244.17.
The Government has appealed both
the Ramos and Saget preliminary
injunctions. Should the Government
prevail in its challenge to the Ramos
preliminary injunction, the Secretary’s
determination to terminate TPS for
Honduras, Nepal, Nicaragua, and Sudan
will take effect no earlier than 120 days
end validity date of Jan. 5, 2020); Nepal: Oct. 26—
Dec. 27, 2016 (corresponding to an end validity date
of June 24, 2018) or May 22—July 23, 2018
(corresponding to an end validity date of June 24,
2019); Nicaragua: May 16—July 15, 2016
(corresponding to an end validity date of Jan. 5,
2018) or Dec. 15, 2017—Feb. 13, 2018
(corresponding to an end validity date of Jan. 5,
2019); Sudan: Jan. 25—Mar. 25, 2016
(corresponding to an end validity date of Nov. 2,
2017) or Oct. 11, 2017—Dec. 11, 2017
(corresponding to an end validity date of Nov. 2,
2018).
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Validity of
Forms I–94 and
I–797 extended
through:
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
from the issuance of any appellate
mandate to the district court. The
Secretary’s determination to terminate
TPS for El Salvador will take effect no
earlier than 365 days from the issuance
of any appellate mandate to the Ramos
district court. DHS provides this
additional time for El Salvador TPS
beneficiaries in part because there are
almost 100,000 more such beneficiaries
than in the combined TPS beneficiary
populations of all the other five
countries covered by this notice.2 The
additional period of 245 days beyond
120 days permits an orderly transition
for beneficiaries of TPS from El
Salvador as they return to their
homeland. If the Government prevails in
its appeals, DHS will also continue to
monitor the circumstances of the
affected beneficiaries under the other
five TPS country designations covered
by this notice. See INA 244(d)(3).
TPS for beneficiaries under Haiti’s
designation may continue pursuant to
the Saget preliminary injunction.
However, should the Government
prevail in its challenges to both the
Ramos preliminary injunction and the
2 As reported to Congress on May 1, 2019 in the
DHS Annual Congressional Report on TPS, there
were 251,445 TPS beneficiaries from El Salvador at
the end of 2018. In contrast, there were 56,114
beneficiaries from Haiti, 80,570 beneficiaries from
Honduras, 14,594 beneficiaries from Nepal, 4,508
beneficiaries from Nicaragua, and 805 beneficiaries
from Sudan. As reported, there are 94,854 more
beneficiaries of TPS from El Salvador than the
combined total of all other countries whose
terminations are currently enjoined by court order.
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Saget preliminary injunction, the
Secretary’s determination to terminate
TPS for Haiti will take effect no earlier
than 120 days from the issuance of the
later of the two appellate mandates to
the District Court. To the extent that a
Federal Register notice has
automatically extended TPS-related
documentation beyond 120 days from
the issuance of any appellate mandate to
the District Court, DHS reserves the
right to issue a subsequent Federal
Register notice announcing an
expiration date for the documentation
that corresponds to the last day of the
120-day period. Should the Government
move to vacate the Bhattarai order to
stay proceedings, TPS will remain in
effect for Honduras and Nepal for at
least 180 days following an order of the
District Court vacating the stay in
proceedings.
Additional Notes
Nothing in this notice affects DHS’s
ongoing authority to determine on a
case-by-case basis whether a TPS
beneficiary continues to meet the
eligibility requirements for TPS
described in section 244(c) of the INA
and the implementing regulations in
part 244 of Title 8 of the Code of Federal
Regulations.
Notice of Compliance With the ‘‘Order
Enjoining the Implementation and
Enforcement of Determinations to
Terminate the TPS Designations for El
Salvador, Haiti, Nicaragua, and Sudan’’
in Ramos, the ‘‘Order Enjoining the
Implementation of Enforcement of
Determination to Terminate the TPS
Designation of Haiti’’ in Saget, and the
‘‘Order to Stay Proceedings and
Agreement to Stay the Determinations
to Terminate the TPS Designations for
Honduras and Nepal’’ in Bhattarai
The previously-announced
determinations to terminate the existing
designations of TPS for El Salvador,
Nicaragua, and Sudan 3 will not be
implemented or enforced unless and
until the district court’s order in Ramos
is reversed and that reversal becomes
final. The previously-announced
determination to terminate the existing
designation of TPS for Haiti will not be
implemented or enforced unless and
until the district court’s orders in Ramos
and Saget are reversed and those
3 See Termination of the Designation of El
Salvador for Temporary Protected Status, 83 FR
2654 (Jan. 18, 2018); Termination of the Designation
of Nicaragua for Temporary Protected Status, 82 FR
59636 (Dec. 15, 2017); Termination of the
Designation of Sudan for Temporary Protected
Status, 82 FR 47228 (Oct. 11, 2017).
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reversals become final.4 As required by
the order to stay proceedings in
Bhattarai, DHS will not implement or
enforce the previously-announced
determinations to terminate the existing
TPS designations for Honduras and
Nepal 5 unless and until the district
court’s order in Ramos enjoining
implementation and enforcement of the
determinations to terminate the TPS
designations for El Salvador, Haiti,
Nicaragua, and Sudan is reversed and
that reversal becomes final for some or
all of the affected countries, or by other
order of the court. Any termination of
TPS-related documentation for
beneficiaries under the TPS
designations for Haiti, Honduras,
Nicaragua, Nepal, and Sudan will go
into effect no earlier than 120 days, and
no earlier than 365 days for
beneficiaries under the TPS designation
for El Salvador, following the issuance
of any mandate to the district court, as
described in the ‘‘Possible Future
Action’’ section of this Federal Register
notice.6
In further compliance with the orders,
DHS is publishing this notice
automatically extending the validity of
the TPS-related documentation
specified in the Supplementary
Information section of this notice
through January 4, 2021, for eligible
beneficiaries under the TPS
designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and
Sudan. DHS will continue to issue
notices that will automatically extend
TPS-related documentation for all
affected beneficiaries under the TPS
designations for El Salvador, Honduras,
Nicaragua, Nepal, and Sudan, so long as
the Ramos preliminary injunction and
Bhattarai order to stay proceedings
remain in place; for Haiti so long as
either the Ramos or Saget preliminary
injunctions remain in place; or by other
order of the court. However, should
compliance with the Ramos, Bhattarai,
and/or Saget court orders remain
necessary, DHS may announce periodic
re-registration procedures for eligible
TPS beneficiaries in accordance with
the INA and DHS regulations. DHS
4 See Termination of the Designation of Haiti for
Temporary Protected Status, 83 FR 2648 (Jan. 18,
2018).
5 See Termination of the Designation of Honduras
for Temporary Protected Status, 83 FR 26074 (June
5, 2018); Termination of the Designation of Nepal
for Temporary Protected Status, 83 FR 23705 (May
22, 2018).
6 An additional provision in the Bhattarai Order
to Stay Proceedings states that if the Government
moves to vacate that Order, TPS will remain in
effect for Honduras and Nepal for at least 180 days
following an order of the District Court vacating its
stay of proceedings order.
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further continues its commitment to a
transition period, as described above.
All TPS beneficiaries must continue
to maintain their TPS eligibility by
meeting the requirements for TPS in
INA section 244(c) and 8 CFR part 244.
DHS will continue to adjudicate any
pending TPS re-registration and
pending late initial applications for
affected beneficiaries under the TPS
designations for El Salvador, Haiti,
Honduras, Nicaragua, Nepal, and
Sudan, and continue to make
appropriate individual TPS withdrawal
decisions in accordance with existing
procedures if an alien no longer
maintains TPS eligibility. DHS will take
appropriate steps to continue its
compliance with the orders, and with
all statutory requirements.
Dated: October 29, 2019.
Kevin K. McAleenan,
Acting Secretary.
Approved Forms To Demonstrate
Continuation of Lawful Status and TPSRelated Employment Authorization
• This Federal Register notice
November 4, 2019
Æ Through operation of this notice,
certain TPS-related documentation,
including EADs, of affected
beneficiaries under the TPS
designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and Sudan
are automatically extended through
January 4, 2021.
Æ A beneficiary granted TPS under
the designation for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, or Sudan
may show his or her EAD that has been
automatically extended to his or her
employer to demonstrate identity and
continued TPS-related employment
eligibility to meet Employment
Eligibility Verification (Form I–9)
requirements. A beneficiary granted TPS
under a designation for one of these
countries may also wish to show an
employer this Federal Register notice,
which explains that his or her EAD has
been automatically extended.
Æ Alternatively, such a TPS
beneficiary may choose to show other
acceptable documents that are evidence
of identity and employment eligibility
as described in the instructions to Form
I–9.
Æ Finally, such a TPS beneficiary may
show a copy of this Federal Register
notice, along with his or her EAD that
has been automatically extended, or
Form I–94, or Form I–797, as evidence
of his or her lawful status, to law
enforcement, Federal, state, and local
government agencies, and private
entities.
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• Employment Authorization Document
(EAD)
Am I eligible to receive an automatic
extension of my current EAD using this
Federal Register notice?
Yes. Provided that you currently have
a TPS-related EAD with the specified
expiration dates below, this notice
automatically extends your EAD as
stated in Table 3 below.
TABLE 3—AFFECTED EADS
If your EAD has
category code of A–
12 or C–19 and an
expiration date of:
07/22/2017
11/02/2017
01/05/2018
01/22/2018
03/09/2018
06/24/2018
07/05/2018
11/02/2018
01/05/2019
04/02/2019
06/24/2019
07/22/2019
Then this Federal
Register notice extends
your EAD through:
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
.............
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
TABLE 3—AFFECTED EADS—
Continued
If your EAD has
category code of A–
12 or C–19 and an
expiration date of:
09/09/2019
01/02/2020
01/05/2020
03/24/2020
Then this Federal
Register notice extends
your EAD through:
.............
.............
.............
.............
01/04/2021
01/04/2021
01/04/2021
01/04/2021
When hired, what documentation may
I show to my employer as evidence of
employment authorization and identity
when completing 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 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 3 days of hire,
employees must present acceptable
documents to their employers as
evidence of identity and employment
authorization to satisfy Form I–9
requirements.
59407
You may present any document from
List A (which provides evidence of both
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
your employment authorization), or you
may present an acceptable receipt as
described in the Form I–9 instructions.
Employers may not reject a document
based on a future expiration date. You
can find additional information about
Form I–9 on the I–9 Central web page
at www.uscis.gov/I-9Central.
An EAD is an acceptable document
under List A. See the section ‘‘How do
my employer and I complete Form I–9
using my automatically extended
employment authorization for a new
job?’’ of this Federal Register notice for
further information. If you present your
EAD with one of the expiration dates
specified below, you may also provide
your employer with a copy of this
Federal Register notice, which explains
that your EAD has been automatically
extended for a temporary period of time,
through January 4, 2021, as follows:
TABLE 4—AFFECTED EADS AND FORM I–9
You may show your EAD to complete Form I–9 if your EAD has category code of A–12 or C–19 and
bears an expiration date of:
07/22/2017
11/02/2017
01/05/2018
01/22/2018
03/09/2018
06/24/2018
07/05/2018
11/02/2018
01/05/2019
04/02/2019
06/24/2019
07/22/2019
09/09/2019
01/02/2020
01/05/2020
03/24/2020
Enter this date
in Section 1
of Form I–9:
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
.......................................................................................................................................................
What documentation may I present to
my employer for Form I–9 if I am
already employed but my current TPSrelated EAD is set to expire?
Even though your EAD has been
automatically extended, your employer
is required by law to ask you to verify
your continued employment
authorization, and you will need to
present your employer with evidence
that you are still authorized to work.
Once presented, your employer should
correct the EAD expiration date in
Section 2 of Form I–9. See the section,
‘‘What corrections should my current
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20:48 Nov 01, 2019
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employer make to Form I–9 if my
employment authorization has been
automatically extended?’’ of this
Federal Register notice for further
information. You may show this Federal
Register notice to your employer to
explain what to do for Form I–9 and to
show that your EAD has been
automatically extended through January
4 2021, as indicated in the above chart.
Your employer may need to re-inspect
your automatically extended EAD to
check the Card Expires date and
Category code if your employer did not
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01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
01/04/2021
Your employer
must reverify
your employment
authorization by:
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
01/05/2021
keep a copy of your EAD when you
initially presented it.
The last day of the automatic
extension for your EAD is January 4,
2021. Before you start work on January
5, 2021, 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
employment authorization.
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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 www.uscis.gov/I9Central for the most current version of
Form I–9.
Your employer may not specify which
List A or List C document you must
present and cannot reject an acceptable
receipt.
country’s TPS designation, or your TPS
is finally withdrawn for individual
ineligibility under INA, section 244(c),
or the applicable TPS designation is
terminated as discussed in the ‘‘Possible
Future Action’’ section of this Federal
Register notice.
Can I obtain a new EAD?
Yes, if you apply and remain eligible
for TPS, you can obtain a new EAD.
However, you do not need to apply for
a new EAD in order to benefit from this
automatic extension. If you are a
beneficiary under the TPS designations
for El Salvador, Haiti, Honduras, Nepal,
Nicaragua, or Sudan and want to obtain
a new EAD valid through January 4,
2021, then you must file Form I–765
and pay the associated fee. If you do not
want a new EAD, you do not have to file
Form I–765 or pay the Form I–765 fee.
If you do not want to request a new EAD
now, you may file Form I–765 at a later
date and pay the fee, provided that you
still have TPS or a pending TPS
application. You may file the
application for a new EAD either before
or after your current EAD has expired.
If you are unable to pay the
application fee and/or biometric
services fee, you may complete a
Request for Fee Waiver (Form I–912)
consistent with applicable form
instructions. For more information on
the application forms and fees for TPS,
please visit the USCIS TPS web page at
www.uscis.gov/tps. Fees for Form I–821,
Form I–765, and biometric services are
also described in 8 CFR 103.7(b)(1)(i).
If you have a Form I–821 and/or Form
I–765 application that is still pending as
of January 2, 2020 (for beneficiaries
under the TPS designations for El
Salvador, Haiti, Nicaragua, or Sudan);
January 5, 2020 (for beneficiaries under
the TPS designation for Honduras); or
March 24, 2020 (for beneficiaries under
the TPS designation for Nepal); then
you should not file either application
again. If your pending Form I–821 is
approved, you will be issued Forms I–
797 and I–94 through January 4, 2021.
Similarly, if you have a pending TPSrelated Form I–765 that is approved,
your new EAD will be valid through
January 4, 2021.
Your TPS itself continues as long as
the preliminary injunction impacting
your country’s TPS designation remains
in effect and in accordance with any
relevant future Federal Register notices
that DHS may issue respecting your
No. When completing Form I–9,
including reverifying employment
authorization, employers must accept
any documentation that appears on the
Form I–9 Lists of Acceptable Documents
that reasonably appears to be genuine
and that relates to you, or an acceptable
List A, List B, or List C receipt.
Employers need not reverify List B
identity documents. Employers may not
request documentation that does not
appear on the Lists of Acceptable
Documents. Therefore, employers may
not request proof of citizenship or proof
of re-registration for TPS when
completing Form I–9 for new hires or
reverifying the employment
authorization of current employees. If
presented with an EAD that has been
automatically extended, employers
should accept such a document as a
valid List A document, so long as the
EAD reasonably appears to be genuine
and relates to the employee. Refer to the
‘‘Note to Employees’’ section of this
Federal Register notice for important
information about your rights if your
employer rejects lawful documentation,
requires additional documentation, or
otherwise discriminates against you
based on your citizenship or
immigration status, or your national
origin.
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Can my employer require that I provide
any other documentation to prove my
status, such as proof of my citizenship
from El Salvador, Haiti, Honduras,
Nepal, Nicaragua, or Sudan?
How do my employer and I complete
Form I–9 using my automatically
extended employment authorization for
a new job?
See the chart in the question above
‘‘When hired, what documentation may
I show to my employer as evidence of
employment authorization and identity
when completing Form I–9?’’ to
determine if your EAD has been
automatically extended.
For Section 1, you should:
a. Check ‘‘An alien authorized to work
until’’ and enter January 4, 2021, as the
expiration date indicated in the chart;
and
b. Enter your USCIS number or A–
Number where indicated (your EAD or
other document from DHS will have
your USCIS number or A–Number
printed on it; the USCIS number is the
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same as your A–Number without the A
prefix).
For Section 2, your employer should
also use the chart in the question above
‘‘When hired, what documentation may
I show to my employer as evidence of
employment authorization and identity
when completing Form I–9?’’ to
determine if your EAD has been
automatically extended. If it has been
automatically extended, the employer
should:
a. Write in the document title;
b. Enter the issuing authority;
c. Enter either the employee’s A–
Number or USCIS number from Section
1 in the Document Number field on
Form I–9; and
d. Write January 4, 2021, as the
expiration date indicated in the chart.
Before the start of work on January 5,
2021, 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
www.uscis.gov/I-9Central for the most
current version of Form I–9.
What corrections should my current
employer make to Form I–9 if my
employment authorization has been
automatically extended?
If you presented a TPS-related EAD
that was valid when you first started
your job and your EAD has now been
automatically extended, your employer
may need to re-inspect your current
EAD if they do not have a copy of the
EAD on file. See the chart in the
question above ‘‘When hired, what
documentation may I show to my
employer as evidence of employment
authorization and identity when
completing Form I–9?’’ to determine if
your EAD has been automatically
extended. If your employer determines
that your EAD has been automatically
extended, your employer should correct
Section 2 of your previously completed
Form I–9 as follows:
a. Write EAD EXT and January 4,
2021, as the last day of the automatic
extension in the Additional Information
field; and
b. Initial and date the correction.
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 January 5, 2021, when the
employee’s automatically extended EAD
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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
www.uscis.gov/I-9Central for the most
current version of Form I–9.
If I am an employer enrolled in EVerify, how do I verify a new employee
whose EAD has been automatically
extended?
Employers may create a case in EVerify for a new employee by providing
the employee’s A–Number or USCIS
number from Form I–9 in the Document
Number field in E-Verify. Employers
should enter January 4, 2021 for the
document expiration date.
If I am an employer enrolled in EVerify, what do I do when I receive a
‘‘Work Authorization Documents
Expiration’’ alert for an automatically
extended EAD?
If you have an employee who
provided a TPS-related EAD with an
expiration date that has been
automatically extended by this Federal
Register notice, you should dismiss the
‘‘Work Authorization Documents
Expiring’’ case alert. Before this
employee starts work on January 5,
2021, as appropriate, you must reverify
his or her employment authorization in
Section 3 of Form I–9. Employers
should not use E-Verify for
reverification.
Note to All Employers
Employers are reminded that the laws
requiring proper employment eligibility
verification and prohibiting unfair
immigration-related employment
practices remain in full force. This
Federal Register notice does not
supersede or in any way limit
applicable employment verification
rules and policy guidance, including
those rules setting forth reverification
requirements. For general questions
about the employment eligibility
verification process, employers may call
USCIS at 888–464–4218 (TTY 877–875–
6028) or email USCIS at I-9Central@
dhs.gov. USCIS accepts calls and emails
in English, Spanish, 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) Employer Hotline
at 800–255–8155 (TTY 800–237–2515).
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IER offers language interpretation in
numerous languages. Employers may
also email IER at IER@usdoj.gov.
Note to Employees
For general questions about the
employment eligibility verification
process, employees may call USCIS at
888–897–7781 (TTY 877–875–6028) or
email USCIS at I-9Central@dhs.gov.
USCIS accepts calls in English, Spanish,
and many other languages. Employees
or applicants may also call the IER
Worker Hotline at 800–255–7688 (TTY
800–237–2515) for information
regarding employment discrimination
based upon citizenship, immigration
status, or national origin, including
discrimination related to Form I–9 and
E-Verify. The IER Worker Hotline
provides language interpretation in
numerous languages.
To comply with the law, employers
must accept any document or
combination of documents from the
Lists of Acceptable Documents if the
documentation reasonably appears to be
genuine and to relate to the employee,
or an acceptable List A, List B, or List
C receipt as described in the Form I–9
instructions. Employers may not require
extra or additional documentation
beyond what is required for Form I–9
completion. Further, employers
participating in E-Verify who receive an
E-Verify case result of ‘‘Tentative
Nonconfirmation’’ (TNC) must promptly
inform employees of the TNC and give
such employees an opportunity to
contest the TNC. A TNC case result
means that the information entered into
E-Verify from an employee’s Form I–9
differs from records available to DHS.
Employers may not terminate,
suspend, delay training, withhold pay,
lower pay, or take any adverse action
against an employee because of the TNC
while the case is still pending with EVerify. A ‘‘Final Nonconfirmation’’
(FNC) case result is received when EVerify cannot verify an employee’s
employment eligibility. An employer
may terminate employment based on a
case result of FNC. Work-authorized
employees who receive an FNC may call
USCIS for assistance at 888–897–7781
(TTY 877–875–6028). For more
information about E-Verify-related
discrimination or to report an employer
for discrimination in the E-Verify
process based on citizenship,
immigration status, or national origin,
contact IER’s Worker Hotline at 800–
255–7688 (TTY 800–237–2515).
Additional information about proper
nondiscriminatory Form I–9 and EVerify procedures is available on the
IER website at www.justice.gov/ier and
on the USCIS and E-Verify websites at
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59409
www.uscis.gov/i-9-central and www.everify.gov.
Note Regarding Federal, State, and
Local Government Agencies (Such as
Departments of Motor Vehicles)
While Federal Government agencies
must follow the guidelines laid out by
the Federal Government, state and local
government agencies establish their own
rules and guidelines when granting
certain benefits. Each state may have
different laws, requirements, and
determinations about what documents
you need to provide to prove eligibility
for certain benefits. Whether you are
applying for a federal, state, or local
government benefit, you may need to
provide the government agency with
documents that show you are a TPS
beneficiary, show you are authorized to
work based on TPS or other status, and/
or that may be used by DHS to
determine whether you have TPS or
other immigration status. Examples of
such documents are:
• Your current EAD;
• Your automatically extended EAD
with a copy of this Federal Register
notice, providing an automatic
extension of your currently expired or
expiring EAD;
• A copy of your Form I–94 or Form
I–797 that has been automatically
extended by this notice and a copy of
this notice;
• Any other relevant DHS-issued
document that indicates your
immigration status or authorization to
be in the United States, or that may be
used by DHS to determine whether you
have such status or authorization to
remain in the United States.
Check with the government agency
regarding which document(s) the agency
will accept.
Some benefit-granting agencies use
the USCIS Systematic Alien Verification
for Entitlements Program (SAVE)
program to confirm the current
immigration status of applicants for
public benefits. While SAVE can verify
when an alien has TPS, each agency’s
procedures govern whether they will
accept a particular document, such as
an EAD or an I–94. If an agency accepts
the type of TPS-related document you
are presenting, such as an EAD or I–94,
the agency should accept your
automatically extended TPS-related
document. You should:
a. Present the agency with a copy of
this Federal Register notice showing the
extension of TPS-related
documentation, in addition to your most
recent TPS-related document with your
A–Number or I–94 number;
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b. Explain that SAVE will be able to
verify the continuation of your TPS
using this information; and
c. 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 validity of your
TPS.
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 TPS-related
documentation. 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
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 case 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 case and you do not believe
the response is correct, you may make
an InfoPass appointment for an inperson interview at a local USCIS office.
Detailed information on how to make
corrections or update your immigration
record, 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
www.uscis.gov/save.
[FR Doc. 2019–24047 Filed 11–1–19; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7015–N–09]
60-Day Notice of Proposed Information
Collection: Public Housing Capital
Fund Program
Office of the Assistant
Secretary for Public and Indian
Housing, PIH, HUD.
ACTION: Notice.
AGENCY:
HUD–5084 .....................................................
HUD–5087 .....................................................
HUD–50071 ...................................................
HUD–50075.1 ................................................
20:48 Nov 01, 2019
A. Overview of Information Collection
Title of Information Collection: Public
Housing Capital Fund Program.
OMB Approval Number: 2577–0157.
Type of Request: Revision of a
currently approved collection.
Form Numbers: HUD Form 50075.1,
HUD–5084, HUD–5087, HUD–51000,
HUD–51001, HUD–51002, HUD–51003,
HUD–5104, HUD–51915, HUD–51915–
Number of
respondents
Information collection
VerDate Sep<11>2014
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
DATES: Comments Due Date: January 3,
2020.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW, Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Arlette Mussington, Office of Policy,
Programs and Legislative Initiatives,
PIH, Department of Housing and Urban
Development, 451 7th Street SW,
(L’Enfant Plaza, Room 2206),
Washington, DC 20410; telephone 202–
402–4109, (this is not a toll-free
number). Persons with hearing or
speech impairments may access this
number via TTY by calling the Federal
Information Relay Service at (800) 877–
8339. Copies of available documents
submitted to OMB may be obtained
from Ms. Mussington.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
SUMMARY:
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Frequency of
response
3,015
50
10
300
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1
1
1
1
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Responses
per annum
Burden hour
per response
3,015
50
10
300
Sfmt 4703
A, HUD–51971–I–II, HUD–52396, HUD–
52427, HUD–52482, HUD–52483–A,
HUD–52484, HUD–52485, HUD–52651–
A, HUD–52829, HUD–52830, HUD–
52833, HUD–52845, HUD–52846, HUD–
52847, HUD–52849, HUD–53001, HUD–
53015, HUD–5370, HUD–5370EZ, HUD–
5370C, HUD–5372, HUD–5378, HUD–
5460, HUD–52828, 50071, 5370–C1,
5370–C2.
Description of the need for the
information and proposed use: Each
year Congress appropriates funds to
approximately 3,015 Public Housing
Authorities (PHAs) for modernization,
development, financing, and
management improvements. The funds
are allocated based on a complex
formula. The forms in this collection are
used to appropriately disburse and
utilize the funds provided to PHAs.
Additionally, these forms provide the
information necessary to approve a
financing transaction in addition to any
Capital Fund Financing transactions.
Respondents include the approximately
3,015 PHA receiving Capital Funds and
any other PHAs wishing to pursue
financing.
This proposed information collection
has been revised to include the
following changes below:
1. HUD has removed all of the hours
for the annual submission of form HUD–
50075.2 and reduced the hours for
HUD–50075.1. HUD is now collecting
that information electronically thru the
Energy Performance Information Center
(EPIC) system. These hours were
transferred to OMB No. 2577–0274
Energy Performance Information Center
(EPIC). HUD will continue to use the
HUD–50075.1 for the Capital Fund set
aside grant programs, Lead Based Paint,
Emergency Safety and Security, and
Emergency and Disaster. Only those
hours remain in 2577–0157.1. As a
result, the burden hours were decreased
9,260 hours
2. Due to conversion of Public
Housing to the Section 8 thru the Rental
Assistance Demonstration (RAD)
Program, the number of PHAs receiving
Capital Funds has been reduced from
3,100 to 3,015. This has reduced the
number of hours by 3,774.
3. The total reduction in burden hours
are 13,034.
Respondents (i.e. affected public):
Public Housing Authorities.
Annual burden
hours
1.5
3
0.5
2.2
E:\FR\FM\04NON1.SGM
4,522.50
150
5
660
04NON1
Hourly cost
per response
$34
56
56
34
Annual cost
$153,765
8,400
280
204,600
]]>Agencies
[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Notices]
[Pages 59403-59410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24047]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2654-19; DHS Docket No. USCIS-2019-0020]
RIN 1615-ZB83
Continuation of Documentation for Beneficiaries of Temporary
Protected Status Designations for El Salvador, Haiti, Honduras, Nepal,
Nicaragua, and Sudan
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces actions to ensure its continued compliance with the
preliminary injunction orders of the U.S. District Court for the
Northern District of California in Ramos, et al. v. Nielsen, et al.,
No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (``Ramos'') and the U.S.
District Court for the Eastern District of New York in Saget, et al.,
v. Trump, et al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) (``Saget''),
and with the order of the U.S. District Court for the Northern District
of California to stay proceedings in Bhattarai v. Nielsen, No. 19-cv-
00731 (N.D. Cal. Mar. 12, 2019) (``Bhattarai''). Beneficiaries under
the Temporary Protected Status (TPS) designations for El Salvador,
Honduras, Nepal, Nicaragua, and Sudan will retain their TPS while the
preliminary injunction in Ramos remains in effect, provided that an
alien's TPS is not withdrawn because of individual ineligibility.
Beneficiaries under the TPS designation for Haiti will retain their TPS
while either of the preliminary injunctions in Ramos or Saget remain in
effect, provided that an alien's TPS is not withdrawn because of
individual ineligibility. This notice further provides information on
the automatic extension of the validity of TPS-related Employment
Authorization Documents (EADs); Notices of Action (Forms I-797); and
Arrival/Departure Records (Forms I-94), (collectively ``TPS-related
documentation''); for those beneficiaries under the TPS designations
for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.
DATES: DHS is automatically extending the validity of TPS-related
documentation for beneficiaries under the TPS designations for El
Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan, as specified in
this notice. Such TPS-related documentation will remain in effect
through January 4, 2021, from the current expiration dates of: January
2, 2020 (for beneficiaries under the TPS designations for El Salvador,
Haiti, Nicaragua, and Sudan); January 5, 2020 (for beneficiaries under
the TPS designation for Honduras); and March 24, 2020 (for
beneficiaries under the TPS designation for Nepal).
FOR FURTHER INFORMATION CONTACT: You may contact Maureen Dunn,
Chief, Humanitarian Affairs Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration Services, U.S. Department of Homeland
Security, by mail at 20 Massachusetts Avenue NW, Washington, DC 20529-
2060; or by phone at 800-375-5283.
For further information on TPS, please visit the USCIS TPS
web page at www.uscis.gov/tps.
If you have additional questions about (TPS), please visit
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of
your questions and point you to additional information on our website.
If you are unable to find your answers there, you may also call our
U.S. Citizenship and Immigration Services (USCIS) Contact Center at
800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at www.uscis.gov, or call the USCIS Contact Center at 800-375-
5283 (TTY 800-767-1833).
Further information will also be available at local USCIS
offices upon publication of this notice.
[[Page 59404]]
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
Government--U.S. Government
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
Background on Temporary Protected Status (TPS)
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA) or to eligible persons without nationality who
last habitually resided in the designated country.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to obtain EADs so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also apply for travel authorization
as a matter of discretion.
The granting of TPS does not result in or lead to lawful
permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary of Homeland Security (the Secretary)
terminates a country's TPS designation, beneficiaries return to one of
the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
been terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid on
the date TPS terminates.
Purpose of This Action
DHS last published notices to ensure its compliance with the Ramos
preliminary injunction on March 1, 2019, and the Bhattarai order to
stay proceedings on May 10, 2019. 84 FR 7103; 84 FR 20647. Through this
Federal Register notice, DHS announces actions to ensure its continued
compliance with the Ramos and Saget preliminary injunction orders and
with the order to stay proceedings in Bhattarai.
The TPS designations for El Salvador, Nicaragua, and Sudan will
remain in effect, as required by the Ramos order, so long as the
preliminary injunction remains in effect. The TPS designation for Haiti
will remain in effect, as required by the preliminary injunction orders
in both Ramos and Saget, so long as either of those preliminary
injunctions remain in effect. The TPS designations for Honduras and
Nepal will remain in effect, as required by the Bhattarai order to stay
proceedings, pending final disposition of the Government's appeal of
the preliminary injunction order in Ramos. Beneficiaries under the TPS
designations for El Salvador, Honduras, Nepal, Nicaragua, and Sudan
will retain their TPS while the preliminary injunction in Ramos remains
in effect, and beneficiaries under the TPS designation for Haiti will
retain their TPS while the preliminary injunctions in either Ramos or
Saget remain in effect, provided that an alien's TPS status is not
withdrawn under INA section 244(c)(3) because of individual
ineligibility. See also 8 CFR 244.14. DHS will not terminate TPS for
any of the affected countries pending final disposition of the Ramos
appeal, or for Haiti pending both Ramos and Saget appeals, including
through any additional appellate channels in which relief may be
sought, or by other orders of the court.
DHS is further announcing it is automatically extending, through
January 4, 2021, the validity of certain TPS-related documentation, as
specified in this notice, for beneficiaries under the TPS designations
for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan, provided
that the affected beneficiaries remain individually eligible for TPS.
This notice also provides information explaining DHS's plans to issue
subsequent notices that will describe the steps DHS will take to
address the status of beneficiaries under the TPS designations for all
the affected countries, if continued compliance with the Ramos or Saget
preliminary injunctions or the Bhattarai order to stay proceedings
becomes necessary.
Automatic Extension of EADs Issued Under the TPS Designations for El
Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan
Through this Federal Register notice, DHS automatically extends the
validity of EADs listed in Table 1 below issued to beneficiaries under
the TPS designations for El Salvador, Haiti, Honduras, Nepal,
Nicaragua, and Sudan. Such individuals may show their automatically-
extended EAD to employers to demonstrate they have employment
authorization, and may wish also to show employers this Federal
Register Notice to explain that their TPS-Related Documentation has
been extended through January 4, 2021. This Notice explains how TPS
beneficiaries, their employers, and benefit-granting agencies may
determine which EADs are automatically extended and how this affects
the Form I-9, Employment Eligibility Verification, E-Verify, and USCIS
Systematic Alien Verification for Entitlements (SAVE) processes.
Additionally, a beneficiary under the TPS designation for any of these
countries who has applied for a new EAD but who has not yet received
his or her new EAD is covered by this automatic extension, provided
that the EAD he or she possesses contains one of the expiration dates
listed in Table 1 below.
Table 1--Affected EADs
------------------------------------------------------------------------
Then the
If an EAD has a category code of A-12 or C-19 and an validity of the
expiration date of: EAD is extended
through:
------------------------------------------------------------------------
07/22/2017............................................ 01/04/2021
11/02/2017............................................ 01/04/2021
01/05/2018............................................ 01/04/2021
01/22/2018............................................ 01/04/2021
03/09/2018............................................ 01/04/2021
06/24/2018............................................ 01/04/2021
07/05/2018............................................ 01/04/2021
11/02/2018............................................ 01/04/2021
01/05/2019............................................ 01/04/2021
04/02/2019............................................ 01/04/2021
06/24/2019............................................ 01/04/2021
07/22/2019............................................ 01/04/2021
09/09/2019............................................ 01/04/2021
01/02/2020............................................ 01/04/2021
01/05/2020............................................ 01/04/2021
03/24/2020............................................ 01/04/2021
------------------------------------------------------------------------
Automatic Extension of Forms I-94 and Forms I-797
Also through this Federal Register notice, DHS automatically
extends the validity periods of the Forms I-94 and Forms I-797 listed
in Table 2 below previously issued to beneficiaries under the TPS
designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and
Sudan. These extensions apply only if
[[Page 59405]]
the TPS beneficiary properly filed for re-registration during either
the most recent DHS-announced registration period for their country, or
any applicable previous DHS-announced re-registration periods for his
or her country,\1\ or has a re-registration application that remains
pending. This notice does not extend the validity periods of Forms I-94
or Forms I-797 for any TPS beneficiary who failed to file for TPS re-
registration during one of the applicable previous DHS-announced re-
registration periods, or for whom a re-registration request has been
finally denied. In addition, the extensions do not apply for any
beneficiary from whom TPS has been finally withdrawn.
---------------------------------------------------------------------------
\1\ El Salvador: July 8--Sept. 6, 2016 (corresponding to an end
validity date of Mar. 9, 2018) or Jan. 18-Mar. 19, 2018
(corresponding to an end validity date of Sept. 9, 2019); Haiti:
Aug. 25--Oct. 26, 2015 (corresponding to an end validity date of
July 22, 2017), May 24--July 24, 2017 (corresponding to an end
validity date of Jan. 22, 2018), or Jan. 18--Mar. 19, 2018
(corresponding to an end validity date of July 22, 2019); Honduras:
May 16--July 15, 2016 (corresponding to an end validity date of Jan.
5, 2018); Dec. 15, 2017--Feb. 13, 2018 (corresponding to an end date
of July 5, 2018) or June 5--Aug. 6, 2018 (corresponding to an end
validity date of Jan. 5, 2020); Nepal: Oct. 26--Dec. 27, 2016
(corresponding to an end validity date of June 24, 2018) or May 22--
July 23, 2018 (corresponding to an end validity date of June 24,
2019); Nicaragua: May 16--July 15, 2016 (corresponding to an end
validity date of Jan. 5, 2018) or Dec. 15, 2017--Feb. 13, 2018
(corresponding to an end validity date of Jan. 5, 2019); Sudan: Jan.
25--Mar. 25, 2016 (corresponding to an end validity date of Nov. 2,
2017) or Oct. 11, 2017--Dec. 11, 2017 (corresponding to an end
validity date of Nov. 2, 2018).
Table 2--Affected Forms I-94 and I-797
----------------------------------------------------------------------------------------------------------------
Validity of
Forms I-94 and I-
Country Beginning date of validity: End date of validity: 797 extended
through:
----------------------------------------------------------------------------------------------------------------
El Salvador...................... Sept. 10, 2016............... Mar. 9, 2018................ 01/04/2021
Mar. 10, 2018................ Sept. 9, 2019............... 01/04/2021
Haiti............................ Jan. 23, 2016................ Jul. 22, 2017............... 01/04/2021
Jul. 23, 2017................ Jan. 22, 2018............... 01/04/2021
Jan. 23, 2018................ July 22, 2019............... 01/04/2021
Honduras......................... July 6, 2016................. Jan. 5, 2018................ 01/04/2021
Jan. 6, 2018................. July 5, 2018................ 01/04/2021
July 6, 2018................. Jan. 5, 2020................ 01/04/2021
Nepal............................ Dec. 25, 2016................ June 24, 2018............... 01/04/2021
June 25, 2018................ June 24, 2019............... 01/04/2021
Nicaragua........................ July 6, 2016................. Jan. 5, 2018................ 01/04/2021
Jan. 6, 2018................. Jan. 5, 2019................ 01/04/2021
Sudan............................ May 3, 2016.................. Nov. 2, 2017................ 01/04/2021
Nov. 3, 2017................. Nov. 2, 2018................ 01/04/2021
----------------------------------------------------------------------------------------------------------------
Application Procedures
Current beneficiaries under the TPS designations for El Salvador,
Haiti, Honduras, Nepal, Nicaragua, and Sudan do not need to pay a fee
or file any application, including Application for Employment
Authorization (Form I-765), to maintain their TPS benefits through
January 4, 2021, provided that they have properly re-registered for TPS
during either the most recent DHS-announced registration period for
their country, or any applicable previous re-registration period
described in Footnote 1, above.
TPS beneficiaries who have failed to re-register properly for TPS
during any of these re-registration periods may still file an
Application for Temporary Protected Status (Form I-821), but must
demonstrate ``good cause'' for failing to re-register on time, as
required by law. See INA section 244(c)(3)(C) (TPS beneficiary's
failure to register without good cause in form and manner specified by
DHS is ground for TPS withdrawal); 8 CFR 244.17(b) and Form I-821
instructions.
Any currently eligible beneficiary who does not presently have a
pending EAD application under the TPS designations for El Salvador,
Haiti, Honduras, Nepal, Nicaragua, or Sudan may file Form I-765 with
appropriate fee.
Possible Future Action
In order to comply with statutory requirements for TPS while the
district courts' orders or any superseding court order concerning the
beneficiaries under the TPS designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and Sudan are pending, DHS may require
these beneficiaries to re-register and announce the re-registration
procedures in a future Federal Register notice. See section
244(c)(3)(C) of the INA; 8 CFR 244.17.
The Government has appealed both the Ramos and Saget preliminary
injunctions. Should the Government prevail in its challenge to the
Ramos preliminary injunction, the Secretary's determination to
terminate TPS for Honduras, Nepal, Nicaragua, and Sudan will take
effect no earlier than 120 days from the issuance of any appellate
mandate to the district court. The Secretary's determination to
terminate TPS for El Salvador will take effect no earlier than 365 days
from the issuance of any appellate mandate to the Ramos district court.
DHS provides this additional time for El Salvador TPS beneficiaries in
part because there are almost 100,000 more such beneficiaries than in
the combined TPS beneficiary populations of all the other five
countries covered by this notice.\2\ The additional period of 245 days
beyond 120 days permits an orderly transition for beneficiaries of TPS
from El Salvador as they return to their homeland. If the Government
prevails in its appeals, DHS will also continue to monitor the
circumstances of the affected beneficiaries under the other five TPS
country designations covered by this notice. See INA 244(d)(3).
---------------------------------------------------------------------------
\2\ As reported to Congress on May 1, 2019 in the DHS Annual
Congressional Report on TPS, there were 251,445 TPS beneficiaries
from El Salvador at the end of 2018. In contrast, there were 56,114
beneficiaries from Haiti, 80,570 beneficiaries from Honduras, 14,594
beneficiaries from Nepal, 4,508 beneficiaries from Nicaragua, and
805 beneficiaries from Sudan. As reported, there are 94,854 more
beneficiaries of TPS from El Salvador than the combined total of all
other countries whose terminations are currently enjoined by court
order.
---------------------------------------------------------------------------
TPS for beneficiaries under Haiti's designation may continue
pursuant to the Saget preliminary injunction. However, should the
Government prevail in its challenges to both the Ramos preliminary
injunction and the
[[Page 59406]]
Saget preliminary injunction, the Secretary's determination to
terminate TPS for Haiti will take effect no earlier than 120 days from
the issuance of the later of the two appellate mandates to the District
Court. To the extent that a Federal Register notice has automatically
extended TPS-related documentation beyond 120 days from the issuance of
any appellate mandate to the District Court, DHS reserves the right to
issue a subsequent Federal Register notice announcing an expiration
date for the documentation that corresponds to the last day of the 120-
day period. Should the Government move to vacate the Bhattarai order to
stay proceedings, TPS will remain in effect for Honduras and Nepal for
at least 180 days following an order of the District Court vacating the
stay in proceedings.
Additional Notes
Nothing in this notice affects DHS's ongoing authority to determine
on a case-by-case basis whether a TPS beneficiary continues to meet the
eligibility requirements for TPS described in section 244(c) of the INA
and the implementing regulations in part 244 of Title 8 of the Code of
Federal Regulations.
Notice of Compliance With the ``Order Enjoining the Implementation and
Enforcement of Determinations to Terminate the TPS Designations for El
Salvador, Haiti, Nicaragua, and Sudan'' in Ramos, the ``Order Enjoining
the Implementation of Enforcement of Determination to Terminate the TPS
Designation of Haiti'' in Saget, and the ``Order to Stay Proceedings
and Agreement to Stay the Determinations to Terminate the TPS
Designations for Honduras and Nepal'' in Bhattarai
The previously-announced determinations to terminate the existing
designations of TPS for El Salvador, Nicaragua, and Sudan \3\ will not
be implemented or enforced unless and until the district court's order
in Ramos is reversed and that reversal becomes final. The previously-
announced determination to terminate the existing designation of TPS
for Haiti will not be implemented or enforced unless and until the
district court's orders in Ramos and Saget are reversed and those
reversals become final.\4\ As required by the order to stay proceedings
in Bhattarai, DHS will not implement or enforce the previously-
announced determinations to terminate the existing TPS designations for
Honduras and Nepal \5\ unless and until the district court's order in
Ramos enjoining implementation and enforcement of the determinations to
terminate the TPS designations for El Salvador, Haiti, Nicaragua, and
Sudan is reversed and that reversal becomes final for some or all of
the affected countries, or by other order of the court. Any termination
of TPS-related documentation for beneficiaries under the TPS
designations for Haiti, Honduras, Nicaragua, Nepal, and Sudan will go
into effect no earlier than 120 days, and no earlier than 365 days for
beneficiaries under the TPS designation for El Salvador, following the
issuance of any mandate to the district court, as described in the
``Possible Future Action'' section of this Federal Register notice.\6\
---------------------------------------------------------------------------
\3\ See Termination of the Designation of El Salvador for
Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018); Termination
of the Designation of Nicaragua for Temporary Protected Status, 82
FR 59636 (Dec. 15, 2017); Termination of the Designation of Sudan
for Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017).
\4\ See Termination of the Designation of Haiti for Temporary
Protected Status, 83 FR 2648 (Jan. 18, 2018).
\5\ See Termination of the Designation of Honduras for Temporary
Protected Status, 83 FR 26074 (June 5, 2018); Termination of the
Designation of Nepal for Temporary Protected Status, 83 FR 23705
(May 22, 2018).
\6\ An additional provision in the Bhattarai Order to Stay
Proceedings states that if the Government moves to vacate that
Order, TPS will remain in effect for Honduras and Nepal for at least
180 days following an order of the District Court vacating its stay
of proceedings order.
---------------------------------------------------------------------------
In further compliance with the orders, DHS is publishing this
notice automatically extending the validity of the TPS-related
documentation specified in the Supplementary Information section of
this notice through January 4, 2021, for eligible beneficiaries under
the TPS designations for El Salvador, Haiti, Honduras, Nepal,
Nicaragua, and Sudan. DHS will continue to issue notices that will
automatically extend TPS-related documentation for all affected
beneficiaries under the TPS designations for El Salvador, Honduras,
Nicaragua, Nepal, and Sudan, so long as the Ramos preliminary
injunction and Bhattarai order to stay proceedings remain in place; for
Haiti so long as either the Ramos or Saget preliminary injunctions
remain in place; or by other order of the court. However, should
compliance with the Ramos, Bhattarai, and/or Saget court orders remain
necessary, DHS may announce periodic re-registration procedures for
eligible TPS beneficiaries in accordance with the INA and DHS
regulations. DHS further continues its commitment to a transition
period, as described above.
All TPS beneficiaries must continue to maintain their TPS
eligibility by meeting the requirements for TPS in INA section 244(c)
and 8 CFR part 244. DHS will continue to adjudicate any pending TPS re-
registration and pending late initial applications for affected
beneficiaries under the TPS designations for El Salvador, Haiti,
Honduras, Nicaragua, Nepal, and Sudan, and continue to make appropriate
individual TPS withdrawal decisions in accordance with existing
procedures if an alien no longer maintains TPS eligibility. DHS will
take appropriate steps to continue its compliance with the orders, and
with all statutory requirements.
Dated: October 29, 2019.
Kevin K. McAleenan,
Acting Secretary.
Approved Forms To Demonstrate Continuation of Lawful Status and TPS-
Related Employment Authorization
This Federal Register notice November 4, 2019
[cir] Through operation of this notice, certain TPS-related
documentation, including EADs, of affected beneficiaries under the TPS
designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and
Sudan are automatically extended through January 4, 2021.
[cir] A beneficiary granted TPS under the designation for El
Salvador, Haiti, Honduras, Nepal, Nicaragua, or Sudan may show his or
her EAD that has been automatically extended to his or her employer to
demonstrate identity and continued TPS-related employment eligibility
to meet Employment Eligibility Verification (Form I-9) requirements. A
beneficiary granted TPS under a designation for one of these countries
may also wish to show an employer this Federal Register notice, which
explains that his or her EAD has been automatically extended.
[cir] Alternatively, such a TPS beneficiary may choose to show
other acceptable documents that are evidence of identity and employment
eligibility as described in the instructions to Form I-9.
[cir] Finally, such a TPS beneficiary may show a copy of this
Federal Register notice, along with his or her EAD that has been
automatically extended, or Form I-94, or Form I-797, as evidence of his
or her lawful status, to law enforcement, Federal, state, and local
government agencies, and private entities.
[[Page 59407]]
Employment Authorization Document (EAD)
Am I eligible to receive an automatic extension of my current EAD using
this Federal Register notice?
Yes. Provided that you currently have a TPS-related EAD with the
specified expiration dates below, this notice automatically extends
your EAD as stated in Table 3 below.
Table 3--Affected EADs
------------------------------------------------------------------------
Then this
Federal
If your EAD has category code of A-12 or C-19 and an Register notice
expiration date of: extends your EAD
through:
------------------------------------------------------------------------
07/22/2017............................................ 01/04/2021
11/02/2017............................................ 01/04/2021
01/05/2018............................................ 01/04/2021
01/22/2018............................................ 01/04/2021
03/09/2018............................................ 01/04/2021
06/24/2018............................................ 01/04/2021
07/05/2018............................................ 01/04/2021
11/02/2018............................................ 01/04/2021
01/05/2019............................................ 01/04/2021
04/02/2019............................................ 01/04/2021
06/24/2019............................................ 01/04/2021
07/22/2019............................................ 01/04/2021
09/09/2019............................................ 01/04/2021
01/02/2020............................................ 01/04/2021
01/05/2020............................................ 01/04/2021
03/24/2020............................................ 01/04/2021
------------------------------------------------------------------------
When hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing 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 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 3 days of hire, employees must present acceptable documents to
their employers as evidence of identity and employment authorization to
satisfy Form I-9 requirements.
You may present any document from List A (which provides evidence
of both 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 your employment
authorization), or you may present an acceptable receipt as described
in the Form I-9 instructions. Employers may not reject a document based
on a future expiration date. You can find additional information about
Form I-9 on the I-9 Central web page at www.uscis.gov/I-9Central.
An EAD is an acceptable document under List A. See the section
``How do my employer and I complete Form I-9 using my automatically
extended employment authorization for a new job?'' of this Federal
Register notice for further information. If you present your EAD with
one of the expiration dates specified below, you may also provide your
employer with a copy of this Federal Register notice, which explains
that your EAD has been automatically extended for a temporary period of
time, through January 4, 2021, as follows:
Table 4--Affected EADs and Form I-9
------------------------------------------------------------------------
Your employer
You may show your EAD to complete Enter this date must reverify
Form I-9 if your EAD has category in Section 1 of your employment
code of A-12 or C-19 and bears an Form I-9: authorization
expiration date of: by:
------------------------------------------------------------------------
07/22/2017.......................... 01/04/2021 01/05/2021
11/02/2017.......................... 01/04/2021 01/05/2021
01/05/2018.......................... 01/04/2021 01/05/2021
01/22/2018.......................... 01/04/2021 01/05/2021
03/09/2018.......................... 01/04/2021 01/05/2021
06/24/2018.......................... 01/04/2021 01/05/2021
07/05/2018.......................... 01/04/2021 01/05/2021
11/02/2018.......................... 01/04/2021 01/05/2021
01/05/2019.......................... 01/04/2021 01/05/2021
04/02/2019.......................... 01/04/2021 01/05/2021
06/24/2019.......................... 01/04/2021 01/05/2021
07/22/2019.......................... 01/04/2021 01/05/2021
09/09/2019.......................... 01/04/2021 01/05/2021
01/02/2020.......................... 01/04/2021 01/05/2021
01/05/2020.......................... 01/04/2021 01/05/2021
03/24/2020.......................... 01/04/2021 01/05/2021
------------------------------------------------------------------------
What documentation may I present to my employer for Form I-9 if I am
already employed but my current TPS-related EAD is set to expire?
Even though your EAD has been automatically extended, your employer
is required by law to ask you to verify your continued employment
authorization, and you will need to present your employer with evidence
that you are still authorized to work. Once presented, your employer
should correct the EAD expiration date in Section 2 of Form I-9. See
the section, ``What corrections should my current employer make to Form
I-9 if my employment authorization has been automatically extended?''
of this Federal Register notice for further information. You may show
this Federal Register notice to your employer to explain what to do for
Form I-9 and to show that your EAD has been automatically extended
through January 4 2021, as indicated in the above chart. Your employer
may need to re-inspect your automatically extended EAD to check the
Card Expires date and Category code if your employer did not keep a
copy of your EAD when you initially presented it.
The last day of the automatic extension for your EAD is January 4,
2021. Before you start work on January 5, 2021, 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 employment authorization.
[[Page 59408]]
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 www.uscis.gov/I-9Central for the most current
version of Form I-9.
Your employer may not specify which List A or List C document you
must present and cannot reject an acceptable receipt.
Can I obtain a new EAD?
Yes, if you apply and remain eligible for TPS, you can obtain a new
EAD. However, you do not need to apply for a new EAD in order to
benefit from this automatic extension. If you are a beneficiary under
the TPS designations for El Salvador, Haiti, Honduras, Nepal,
Nicaragua, or Sudan and want to obtain a new EAD valid through January
4, 2021, then you must file Form I-765 and pay the associated fee. If
you do not want a new EAD, you do not have to file Form I-765 or pay
the Form I-765 fee. If you do not want to request a new EAD now, you
may file Form I-765 at a later date and pay the fee, provided that you
still have TPS or a pending TPS application. You may file the
application for a new EAD either before or after your current EAD has
expired.
If you are unable to pay the application fee and/or biometric
services fee, you may complete a Request for Fee Waiver (Form I-912)
consistent with applicable form instructions. For more information on
the application forms and fees for TPS, please visit the USCIS TPS web
page at www.uscis.gov/tps. Fees for Form I-821, Form I-765, and
biometric services are also described in 8 CFR 103.7(b)(1)(i).
If you have a Form I-821 and/or Form I-765 application that is
still pending as of January 2, 2020 (for beneficiaries under the TPS
designations for El Salvador, Haiti, Nicaragua, or Sudan); January 5,
2020 (for beneficiaries under the TPS designation for Honduras); or
March 24, 2020 (for beneficiaries under the TPS designation for Nepal);
then you should not file either application again. If your pending Form
I-821 is approved, you will be issued Forms I-797 and I-94 through
January 4, 2021. Similarly, if you have a pending TPS-related Form I-
765 that is approved, your new EAD will be valid through January 4,
2021.
Your TPS itself continues as long as the preliminary injunction
impacting your country's TPS designation remains in effect and in
accordance with any relevant future Federal Register notices that DHS
may issue respecting your country's TPS designation, or your TPS is
finally withdrawn for individual ineligibility under INA, section
244(c), or the applicable TPS designation is terminated as discussed in
the ``Possible Future Action'' section of this Federal Register notice.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my citizenship from El Salvador, Haiti,
Honduras, Nepal, Nicaragua, or Sudan?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 Lists of Acceptable Documents that reasonably appears to
be genuine and that relates to you, or an acceptable List A, List B, or
List C receipt. Employers need not reverify List B identity documents.
Employers may not request documentation that does not appear on the
Lists of Acceptable Documents. Therefore, employers may not request
proof of citizenship or proof of re-registration for TPS when
completing Form I-9 for new hires or reverifying the employment
authorization of current employees. If presented with an EAD that has
been automatically extended, employers should accept such a document as
a valid List A document, so long as the EAD reasonably appears to be
genuine and relates to the employee. Refer to the ``Note to Employees''
section of this Federal Register notice for important information about
your rights if your employer rejects lawful documentation, requires
additional documentation, or otherwise discriminates against you based
on your citizenship or immigration status, or your national origin.
How do my employer and I complete Form I-9 using my automatically
extended employment authorization for a new job?
See the chart in the question above ``When hired, what
documentation may I show to my employer as evidence of employment
authorization and identity when completing Form I-9?'' to determine if
your EAD has been automatically extended.
For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter January 4,
2021, as the expiration date indicated in the chart; and
b. Enter your USCIS number or A-Number where indicated (your EAD or
other document from DHS will have your USCIS number or A-Number printed
on it; the USCIS number is the same as your A-Number without the A
prefix).
For Section 2, your employer should also use the chart in the
question above ``When hired, what documentation may I show to my
employer as evidence of employment authorization and identity when
completing Form I-9?'' to determine if your EAD has been automatically
extended. If it has been automatically extended, the employer should:
a. Write in the document title;
b. Enter the issuing authority;
c. Enter either the employee's A-Number or USCIS number from
Section 1 in the Document Number field on Form I-9; and
d. Write January 4, 2021, as the expiration date indicated in the
chart.
Before the start of work on January 5, 2021, 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 www.uscis.gov/I-9Central for the most
current version of Form I-9.
What corrections should my current employer make to Form I-9 if my
employment authorization has been automatically extended?
If you presented a TPS-related EAD that was valid when you first
started your job and your EAD has now been automatically extended, your
employer may need to re-inspect your current EAD if they do not have a
copy of the EAD on file. See the chart in the question above ``When
hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing Form I-9?'' to
determine if your EAD has been automatically extended. If your employer
determines that your EAD has been automatically extended, your employer
should correct Section 2 of your previously completed Form I-9 as
follows:
a. Write EAD EXT and January 4, 2021, as the last day of the
automatic extension in the Additional Information field; and
b. Initial and date the correction.
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
January 5, 2021, when the employee's automatically extended EAD
[[Page 59409]]
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 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 a new employee by
providing the employee's A-Number or USCIS number from Form I-9 in the
Document Number field in E-Verify. Employers should enter January 4,
2021 for the document expiration date.
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 an employee who provided a TPS-related EAD with an
expiration date that has been automatically extended by this Federal
Register notice, you should dismiss the ``Work Authorization Documents
Expiring'' case alert. Before this employee starts work on January 5,
2021, as appropriate, you must reverify his or her employment
authorization in Section 3 of Form I-9. Employers should not use E-
Verify for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. USCIS accepts calls and emails in English, Spanish,
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) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
[email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at [email protected]. USCIS accepts calls in English,
Spanish, and many other languages. Employees or applicants may also
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based upon citizenship,
immigration status, or national origin, including discrimination
related to Form I-9 and E-Verify. The IER Worker Hotline provides
language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from an employee's Form I-9 differs
from records available to DHS.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against an employee because of
the TNC while the case is still pending with E-Verify. A ``Final
Nonconfirmation'' (FNC) case result is received when E-Verify cannot
verify an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at www.justice.gov/ier and
on the USCIS and E-Verify websites at www.uscis.gov/i-9-central and
www.e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
While Federal Government agencies must follow the guidelines laid
out by the Federal Government, state and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
federal, state, or local government benefit, you may need to provide
the government agency with documents that show you are a TPS
beneficiary, show you are authorized to work based on TPS or other
status, and/or that may be used by DHS to determine whether you have
TPS or other immigration status. Examples of such documents are:
Your current EAD;
Your automatically extended EAD with a copy of this
Federal Register notice, providing an automatic extension of your
currently expired or expiring EAD;
A copy of your Form I-94 or Form I-797 that has been
automatically extended by this notice and a copy of this notice;
Any other relevant DHS-issued document that indicates your
immigration status or authorization to be in the United States, or that
may be used by DHS to determine whether you have such status or
authorization to remain in the United States.
Check with the government agency regarding which document(s) the
agency will accept.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (SAVE) program to confirm the
current immigration status of applicants for public benefits. While
SAVE can verify when an alien has TPS, each agency's procedures govern
whether they will accept a particular document, such as an EAD or an I-
94. If an agency accepts the type of TPS-related document you are
presenting, such as an EAD or I-94, the agency should accept your
automatically extended TPS-related document. You should:
a. Present the agency with a copy of this Federal Register notice
showing the extension of TPS-related documentation, in addition to your
most recent TPS-related document with your A-Number or I-94 number;
[[Page 59410]]
b. Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
c. 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 validity of your TPS.
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 TPS-related documentation. 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
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 case 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 case and you do not believe the response is
correct, you may make an InfoPass appointment for an in-person
interview at a local USCIS office. Detailed information on how to make
corrections or update your immigration record, 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 www.uscis.gov/save.
[FR Doc. 2019-24047 Filed 11-1-19; 8:45 am]
BILLING CODE 9111-97-P
