Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Liberians, 54515-54520 [2022-19207]
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Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
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Dated: August 30, 2022.
Lauren K. Roth,
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[FR Doc. 2022–19156 Filed 9–2–22; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
manufactured by BioMarin
Pharmaceutical, Inc., meets the criteria
for receipt of a priority review voucher.
ACTION:
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
Cathryn Lee, Center for Drug Evaluation
and Research, Food and Drug
Administration, 10903 New Hampshire
Ave., Silver Spring, MD 20993–0002,
301–796–1394, email: Cathryn.Lee@
fda.hhs.gov.
FDA is
announcing the issuance of a priority
review voucher to the sponsor of an
approved rare pediatric disease product
application. Under section 529 of the
FD&C Act (21 U.S.C. 360ff) FDA will
award priority review vouchers to
sponsors of approved rare pediatric
disease product applications that meet
certain criteria. FDA has determined
that VOXZOGO (vosoritide)
manufactured by BioMarin
Pharmaceutical, Inc., meets the criteria
for a priority review voucher.
VOXZOGO (vosoritide) is indicated to
increase linear growth in pediatric
patients with achondroplasia who are 5
years of age and older with open
epiphyses.
For further information about the Rare
Pediatric Disease Priority Review
Voucher Program and for a link to the
full text of section 529 of the FD&C Act,
go to https://www.fda.gov/ForIndustry/
DevelopingProductsfor
RareDiseasesConditions/RarePediatric
DiseasePriorityVoucherProgram/
default.htm. For further information
about VOXZOGO (vosoritide), go to the
‘‘Drugs@FDA’’ website at https://
www.accessdata.fda.gov/scripts/cder/
daf/.
SUPPLEMENTARY INFORMATION:
Food and Drug Administration
Dated: August 31, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[Docket No. FDA–2018–N–1262]
[FR Doc. 2022–19155 Filed 9–2–22; 8:45 am]
BILLING CODE 4164–01–P
Issuance of Priority Review Voucher;
Rare Pediatric Disease Product
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing the
issuance of a priority review voucher to
the sponsor of a rare pediatric disease
product application. The Federal Food,
Drug, and Cosmetic Act (FD&C Act)
authorizes FDA to award priority review
vouchers to sponsors of approved rare
pediatric disease product applications
that meet certain criteria. FDA is
required to publish notice of the award
of the priority review voucher. FDA has
determined that VOXZOGO (vosoritide)
jspears on DSK121TN23PROD with NOTICES
SUMMARY:
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2721–22; DHS Docket No. USCIS–
2022–0007]
Implementation of Employment
Authorization for Individuals Covered
by Deferred Enforced Departure for
Liberians
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security.
AGENCY:
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54515
Notice of Employment
Authorization for Individuals Covered
by Deferred Enforced Departure (DED).
On June 27, 2022, President
Joseph Biden issued a memorandum to
the Secretary of State and the Secretary
of Homeland Security (Secretary)
determining that it was in the foreign
policy interest of the United States to
defer, through June 30, 2024, the
removal of certain Liberian nationals,
and individuals having no nationality
who last habitually resided in Liberia,
who are present in the United States
and to provide them with employment
authorization documentation. The
memorandum directed the Secretary to
make provision for immediate
allowance of employment authorization
for such individuals. This Notice
provides information about Deferred
Enforced Departure (DED) for certain
eligible Liberian nationals, and
individuals having no nationality who
last habitually resided in Liberia, and
provides information on how eligible
individuals may apply for DED-based
Employment Authorization Documents
(EADs) with USCIS. Through this
notice, DHS is providing employment
authorization, including procedures for
obtaining related documentation, for
covered individuals through June 30,
2024, and automatically extending the
validity of DED-based EADs bearing a
Category Code of A–11 and a ‘‘Card
Expires’’ date of March 30, 2020,
January 10, 2021, or June 30, 2022,
through June 30, 2024. Finally, this
Notice provides instructions for DEDeligible Liberians, or individuals
without nationality who last habitually
resided in Liberia, on how to file for
travel authorization.
DATES: The extension and expansion of
DED and employment authorization for
noncitizens covered by DED for
Liberians is effective June 27, 2022,
through June 30, 2024. Employment
authorization and the procedures for
obtaining EADs in this Notice apply to
any of the following individuals who
are not subject to any of the
ineligibilities described in President
Biden’s memorandum to the Secretaries
of State and Homeland Security:
noncitizens who are Liberian nationals,
or individuals having no nationality
who last habitually resided in Liberia,
regardless of country of birth, who were
covered by DED as of June 30, 2022; as
well as to Liberian nationals, or
individuals having no nationality who
last habitually resided in Liberia,
regardless of country of birth, who have
been continuously physically present in
the United States since May 20, 2017.
Liberian nationals, and individuals
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having no nationality who last
habitually resided in Liberia, must meet
all eligibility criteria for DED described
below.
FOR FURTHER INFORMATION CONTACT:
• You may contact Rena´ CutlipMason, Chief, Humanitarian Affairs
Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, by mail at 5900 Capital
Gateway Drive, Camp Springs, MD
20746, or by phone at 800–375–5283.
• For further information on DED,
including additional information on
eligibility, please visit the USCIS DED
web page at https://www.uscis.gov/
humanitarian/deferred-enforceddeparture. You can find specific
information about DED for Liberians by
selecting ‘‘DED Covered Country:
Liberia’’ from the menu on the left of the
DED web page.
• If you have additional questions
about DED, please visit https://
www.uscis.gov/tools. Our online virtual
assistant, Emma, can answer many of
your questions and point you to
additional information on our website.
If you are unable to find your answers
there, you may also call our USCIS
Contact Center at 800–375–5283 (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 https://
www.uscis.gov, or visit the USCIS
Contact Center at https://www.uscis.gov/
contactcenter.
• Further information will also be
available at local USCIS offices upon
publication of this Notice.
SUPPLEMENTARY INFORMATION:
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Table of Abbreviations
CFR—Code of Federal Regulations
DED—Deferred Enforced Departure
DHS—U.S. Department of Homeland
Security
EAD—Employment Authorization Document
FNC—Final Non-confirmation
Form I–131—Application for Travel
Document
Form I–765—Application for Employment
Authorization
Form I–9—Employment Eligibility
Verification
Form I–912—Request for Fee Waiver
FR—Federal Register
Government—U.S. Government
IER—U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee Rights
Section
LRIF—Liberian Refugee Immigration Fairness
SAVE—USCIS Systematic Alien Verification
for Entitlements Program
Secretary—Secretary of Homeland Security
TNC—Tentative Non-confirmation
TPS—Temporary Protected Status
TTY—Text Telephone
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USCIS—U.S. Citizenship and Immigration
Services
U.S.C.—United States Code
Purpose of This Action
Pursuant to the President’s
constitutional authority to conduct the
foreign relations of the United States,
President Biden has concluded that it is
in the foreign policy interest of the
United States to defer through June 30,
2024, the removal of any Liberian
national, or individual without
nationality who last habitually resided
in Liberia, who is present in the United
States and who was covered by DED as
of June 30, 2022, as well as any Liberian
national, or individual without
nationality who last habitually resided
in Liberia, who has been continuously
physically present in the United States
since May 20, 2017.1 Through this
Notice, as directed by the President,
DHS is establishing procedures for
individuals covered by DED for
Liberians to apply for EADs valid
through June 30, 2024, and is
automatically extending the validity of
DED-based EADs bearing a Category
Code of A–11 and a ‘‘Card Expires’’ date
of March 30, 2020, January 10, 2021, or
June 30, 2022, through June 30, 2024.
What is deferred enforced departure
(DED)?
• DED is an administrative deferral of
removal ordered by the President. The
authority to extend DED arises from the
President’s constitutional authority to
conduct the foreign relations of the
United States. The President can
authorize DED for any reason related to
this authority. DED has been authorized
in situations where foreign nationals or
other groups of noncitizens may face
danger if required to return to countries
or any part of such foreign countries
experiencing political instability,
conflict, or other unsafe conditions, or
when there are other foreign policy
reasons for allowing a designated group
of noncitizens to remain in the United
States.
• Although DED is not a specific
immigration status, individuals covered
by DED are not subject to removal from
the United States, usually for a
designated period of time. Furthermore,
the President may direct that certain
benefits, such as employment
authorization or travel authorization, be
1 See Presidential Memorandum for the Secretary
of State and the Secretary of Homeland Security on
Extending and Expanding Eligibility for Deferred
Enforced Departure for Liberians, June 27, 2022,
https://www.whitehouse.gov/briefing-room/
presidential-actions/2022/06/27/memorandum-onextending-and-expanding-eligibility-for-deferredenforced-departure-for-liberians/ (reprinted at 87
FR 38871 (June 29, 2022)).
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available to the noncitizens covered by
the DED directive.
• If the President provides for
employment or travel authorization,
USCIS administers those benefits.
USCIS publishes a Federal Register
notice to inform the covered population
on how to apply for any benefits
provided.
• The President issues directives
regarding DED and who is covered via
presidential memorandum. The
qualification requirements for
individuals who are covered by DED are
based on the terms of the President’s
directive regarding DED and any
relevant implementing requirements
established by DHS. Since DED is a
directive to defer removal of an
individual, rather than a specific
immigration status like Temporary
Protected Status (TPS), there is no DED
application form required for an
individual to be covered by DED. Form
I–765 (Application for Employment
Authorization) may be filed if a DEDcovered individual wants an EAD.
Background
The President has determined that
there are compelling foreign policy
reasons to extend and expand DED for
Liberians. In his June 27, 2022
memorandum, he explained that
‘‘[p]roviding protection from removal
and work authorization to these
Liberians, for whom we have long
authorized TPS or DED in the United
States, including while they complete
the [Liberian Refugee Immigration
Fairness] (LRIF) status-adjustment
process, honors the historic close
relationship between the United States
and Liberia and is in the foreign policy
interests of the United States.’’
The United States established
diplomatic relations with Liberia in
1864, 17 years after it declared
independence from the American
Colonization Society, an organization
that resettled free African Americans
and freed slaves in Liberia.2 Since 1991,
the United States has provided safe
haven for Liberians who were forced to
flee their country as a result of armed
conflict and widespread civil strife.
• Due to ongoing civil war, Liberia
was first designated for TPS for 12
months effective March 27, 1991, with
successive extensions by Attorneys
General under President George H.W.
Bush and President Clinton to
September 28, 1998,3 and a new
2 U.S. Department of State, ‘‘U.S. Relations With
Liberia’’ (Aug 2, 2019), https://www.state.gov/u-srelations-with-liberia/.
3 See Designation of Liberia Under Temporary
Protected Status Program, 56 FR 12746 (Mar. 27,
1991) and Extension of Designation of Liberia
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designation (also termed
‘‘redesignation’’) from September 29,
1998, until September 28, 1999.4
• Although Attorney General (AG)
Reno announced the termination of TPS
effective September 28, 1999,5 President
Clinton authorized DED of certain
Liberians in the United States until
September 29, 2000, citing the fragile
political and economic situation in the
country at the time,6 and DED was
subsequently extended through
September 29, 2002.7
• In October 2002, due to the
outbreak of another civil war, AG
Ashcroft designated Liberia for TPS
from October 1, 2002 to October 1, 2003
and subsequently, Secretaries of
Homeland Security redesignated Liberia
for TPS and extended the designation
through October 1, 2006.8 Secretary
Chertoff announced the termination of
TPS for Liberia effective October 1,
2007.9 In September 2007, President
Bush announced DED of certain
Liberians in the United States for 18
months, from October 1, 2007 until
March 31, 2009.10 Following this DED
authorization, DED was extended 5
times: (1) from March 31, 2009, for 18
Under Temporary Protected Status Program, 57 FR
2932 (Jan. 24, 1992), 58 FR 7898 (Feb. 10, 1993),
59 FR 9997 (Mar. 2, 1994), 60 FR 16163 (Mar. 29,
1995), 61 FR 8076 (Mar. 1, 1996), Extension of
Designation and Redesignation of Liberia Under
Temporary Protected Status Program, 62 FR 16608
(Apr. 7, 1997), Termination of Designation of
Liberia Under Temporary Protected Status Program
After Final 6-Month Extension, 63 FR 15437 (Mar.
31, 1998).
4 See Redesignation of Liberia Under Temporary
Protected Status Program, 63 FR 51958 (Sept. 29,
1998).
5 See Termination of Designation of Liberia Under
the Temporary Protected Status Program, 64 FR
41463 (Jul. 30, 1999).
6 See Presidential Memorandum for the Attorney
General on Measures Regarding Certain Liberians in
the United States, Sept. 27, 1999, https://
clintonwhitehouse6.archives.gov/1999/09/1999-0927-memorandum-on-liberians.html.
7 See Presidential Memorandum for the Attorney
General on Measures Regarding Certain Liberians in
the United States, Sept. 25, 2001, https://
georgewbush-whitehouse.archives.gov/news/
releases/2001/09/text/20010925-7.html.
8 See Designation of Liberia Under the Temporary
Protected Status Program, 67 FR 61664 (Oct. 1,
2002), Extension of the Designation of Liberia
Under the Temporary Protected Status Program, 68
FR 46648 (Aug. 6, 2003), Termination and Redesignation of Liberia for Temporary Protected
Status, 69 FR 52297 (Aug. 25, 2004), Extension of
the Designation of Liberia for Temporary Protected
Status, 70 FR 48176 (Aug. 16, 2005).
9 See Termination of the Designation of Liberia
for Temporary Protected Status; Automatic
Extension of Employment Authorization
Documentation for Liberia TPS Beneficiaries, 71 FR
55000 (Sept. 20, 2006).
10 See Presidential Memorandum for the
Secretary of Homeland Security on Measures
Regarding Certain Liberians in the United States,
Sept. 12, 2007, https://georgewbushwhitehouse.archives.gov/news/releases/2007/09/
20070912-10.html.
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months; 11 (2) from March 31, 2010, for
18 months; 12 (3) from September 30,
2011, for 18 months; 13 (4) from March
31, 2013, for 18 months; 14 and (5) from
October 1, 2014, for 24 months.15
• In November 2014, Secretary
Johnson designated Liberia for TPS from
November 21, 2014, through May 21,
2016, due to an outbreak of Ebola virus
disease in West Africa.16 TPS for Liberia
was then extended from May 22, 2016,
through November 21, 2016.17 In
September 2016, Secretary Johnson
announced a six-month extension of
TPS benefits for an orderly transition
before termination of Liberia’s TPS
designation effective May 21, 2017.18
• In September 2016, President
Obama extended DED for Liberians from
October 1, 2016, for 18 months.19 In
March 2018, President Trump
announced the expiration of DED for
Liberians effective March 31, 2019,
following a 12-month wind-down
period.20 In March 2019, President
11 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Mar. 23, 2009,
https://obamawhitehouse.archives.gov/the-pressoffice/presidential-memorandum-regardingdeferred-enforced-departure-liberians.
12 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Mar. 19, 2010,
https://obamawhitehouse.archives.gov/the-pressoffice/presidential-memorandum-deferredenforced-departure-liberians.
13 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Aug. 16, 2011,
https://obamawhitehouse.archives.gov/the-pressoffice/2011/08/16/memorandum-presidentregarding-deferred-enforced-departure-liberians.
14 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Mar. 15, 2013,
https://obamawhitehouse.archives.gov/the-pressoffice/2013/03/15/presidential-memorandumdeferred-enforced-departure-liberians.
15 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Sept. 26, 2014,
https://obamawhitehouse.archives.gov/the-pressoffice/2014/09/26/presidential-memorandumdeferred-enforced-departure-liberians.
16 See Designation of Liberia for Temporary
Protected Status, 79 FR 69502 (Nov. 21, 2014).
17 See Extension of the Designation of Liberia for
Temporary Protected Status, 81 FR 15328 (Mar. 22,
2016).
18 See Six-Month Extension of Temporary
Protected Status Benefits for Orderly Transition
Before Termination of Liberia’s Designation for
Temporary Protected Status, 81 FR 66059 (Sept. 26,
2016).
19 See Presidential Memorandum for the
Secretary of Homeland Security on Deferred
Enforced Departure for Liberians, Sept. 28, 2016,
https://obamawhitehouse.archives.gov/the-pressoffice/2016/09/28/presidential-memorandumdeferred-enforced-departure-liberians.
20 See Presidential Memorandum for the
Secretary of State and the Secretary of Homeland
Security, Mar. 27, 2018, https://
trumpwhitehouse.archives.gov/presidential-actions/
presidential-memorandum-secretary-statesecretary-homeland-security/.
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Trump announced the extension of DED
for Liberians for an additional 12-month
wind-down period through March 30,
2020.21
• On December 20, 2019, President
Trump signed the National Defense
Authorization Act (NDAA) for Fiscal
Year 2020 (Pub. L. 116–92) which
included a provision titled ‘‘Liberian
Refugee Immigration Fairness’’ (LRIF).
LRIF provided certain Liberians,
including those who had been
continuously physically present in the
United States since November 20, 2014,
as well as their spouses, children, and
unmarried sons or daughters, the ability
to adjust their status to that of a U.S.
Lawful Permanent Resident. Under this
provision, eligible Liberian nationals
and eligible family members had until
December 20, 2020, to apply for
adjustment of status.22
• In March 2020, President Trump
issued a memorandum extending the
wind-down period for DED for Liberians
through January 10, 2021.23 In
December 2020, the Consolidated
Appropriations Act, 2021 (Pub. L. 116–
260) extended the LRIF application
deadline for an additional year, from
December 20, 2020, to December 20,
2021.24
• In January 2021, President Biden
reinstated DED for Liberians from
January 10, 2021 through June 30, 2022,
with limited exclusions for certain
ineligibilities.25 In June 2022, President
Biden extended and expanded DED for
Liberians from June 30, 2022 through
June 30, 2024.26 In addition to those
21 See Presidential Memorandum on Extension of
Deferred Enforced Departure for Liberians, Mar. 28,
2019, https://trumpwhitehouse.archives.gov/
presidential-actions/memorandum-extensiondeferred-enforced-departure-liberians/.
22 See National Defense Authorization Act for
Fiscal Year 2020, Public Law 116–92, Title
LXXVI—Other Matters, Section 7611 Liberian
Refugee Immigration Fairness, https://
www.govinfo.gov/content/pkg/PLAW-116publ92/
html/PLAW-116publ92.htm.
23 See Presidential Memorandum for the
Secretary of State and the Secretary of Homeland
Security on Extending the Wind-Down Period for
Deferred Enforced Departure for Liberians, Mar. 30,
2020, https://trumpwhitehouse.archives.gov/
presidential-actions/memorandum-extending-windperiod-deferred-enforced-departure-liberians/.
24 See Consolidated Appropriations Act, 2021,
Part 1, Public Law 116–260, Dec. 27, 2020, Division
O—Extensions and Technical Corrections, Title
IX—Adjustment of Status for Liberian Nationals
Extension, Section 901, https://www.congress.gov/
116/plaws/publ260/PLAW-116publ260.pdf.
25 See Presidential Memorandum for the
Secretary of State and the Secretary of Homeland
Security on Reinstating Deferred Enforced
Departure for Liberians, Jan. 20, 2021, https://
www.whitehouse.gov/briefing-room/presidentialactions/2021/01/20/reinstating-deferred-enforceddeparture-for-liberians/.
26 See Presidential Memorandum for the
Secretary of State and the Secretary of Homeland
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individuals who were covered by DED
on June 30, 2022, President Biden
expanded DED coverage to certain
Liberians, and individuals without
nationality who last habitually resided
in Liberia, who have been continuously
physically present in the United States
since May 20, 2017, and are not subject
to the categories of individuals excluded
from DED by the President’s
Memorandum.
Ur M. Jaddou,
Director, U.S. Citizenship and Immigration
Services.
Eligibility and Employment
Authorization for DED
How will I know if I am eligible for
employment authorization under the
DED presidential memorandum for
liberians?
The procedures for employment
authorization in this Notice apply to
non-U.S. citizens who are Liberian
nationals, or individuals without
nationality who last habitually resided
in Liberia, who are present in the
United States and who were covered by
DED as of June 30, 2022, as well as any
Liberian nationals, or individuals
without nationality who last habitually
resided in Liberia, who have been
continuously physically present in the
United States since May 20, 2017,
except for noncitizens:
• Who would be ineligible for TPS for
the reasons provided in section
244(c)(2)(B) of the Immigration and
Nationality Act, 8 U.S.C.
1254a(c)(2)(B); 27
• Who sought or seek Lawful
Permanent Residence status under the
Liberian Refugee Immigration Fairness
(LRIF) provision but whose applications
have been or are denied by the Secretary
of Homeland Security due to
ineligibility for the LRIF provision
under sections 7611(b)(1)(C) and (b)(3)
of the National Defense Authorization
Act (NDAA);
• Whose removal the Secretary of
Homeland Security determines is in the
interest of the United States, subject to
the LRIF provision;
• Whose presence or activities in the
United States the Secretary of State has
reasonable grounds to believe would
have potentially serious adverse foreign
policy consequences for the United
States;
• Who have voluntarily returned to
Liberia or their country of last habitual
residence outside the United States for
an aggregate period of 180 days or more,
as specified in subsection (c)(2) of the
LRIF provision; or
• Who are subject to extradition.
What will I need to file if I am covered
by DED and would like to obtain an
EAD?
If you are covered by DED for
Liberians and want a DED-based EAD,
you must file an Application for
Employment Authorization (Form I–
765). Please carefully follow the Form I–
765 instructions when completing the
application for an EAD. When filing the
Form I–765, you must:
• Indicate that you are eligible for
DED by entering ‘‘(a)(11)’’ in response to
Question 27 on the Form I–765; and
• Submit the fee for the Form I–765
(or request a fee waiver).
The regulations require individuals
covered by DED who request an EAD to
pay the fee prescribed in 8 CFR 103.7
for the Form I–765. See also 8 CFR
274a.12(a)(11) (employment
authorization for DED-covered
individuals); and 8 CFR 274a.13(a)
(requirement to file EAD application if
EAD desired). If you are unable to pay
the fee, you may request a fee waiver by
submitting a Request for Fee Waiver
(Form I–912).
If you currently have a DED-based
EAD bearing a Category Code of A–11
and a ‘‘Card Expires’’ date of March 30,
2020, January 10, 2021, or June 30,
2022, and are covered by DED via the
June 27, 2022 Presidential
Memorandum, your EAD is
automatically extended through June 30,
2024, even though its facial expiration
date has passed.
Supporting Documentation
The filing instructions on Form I–765
list all the documents needed. You may
also find information on the initial
required documents on the USCIS
website at https://www.uscis.gov/i-765.
If USCIS determines after reviewing
your submission that it needs additional
information, it will issue you a Request
for Evidence (RFE).
How will I know if USCIS will need to
obtain biometrics?
If biometrics are required to produce
your EAD, you will be notified by
USCIS and scheduled for an
appointment at a USCIS Application
Support Center.
Where do I submit my completed DEDbased application for employment
authorization (Form I–765)?
For a DED-based EAD, mail your
completed Form I–765 and supporting
documentation to the proper address in
Table 1.
TABLE 1—MAILING ADDRESSES
If you are . . .
Mail to . . .
Mailing your form through the U.S. Postal Service (USPS) ....
Using FedEx, UPS, or DHL .....................................................
USCIS, Attn: DED Liberia, P.O. Box 805283, Chicago, IL 60680–5283.
USCIS, Attn: DED Liberia (Box 805283), 131 S. Dearborn 3rd Floor, Chicago, IL
60603–5517.
You may file Form I–765 and Form I–
131, Application for Travel Document
together or separately. More information
on filing a Form I–131 appears below.
jspears on DSK121TN23PROD with NOTICES
Can I file my DED-based form I–765
electronically?
No. Electronic filing is not available
when filing a DED-based Form I–765.
Security on Extending and Expanding Eligibility for
Deferred Enforced Departure for Liberians, June 27,
2022, https://www.whitehouse.gov/briefing-room/
presidential-actions/2022/06/27/memorandum-on-
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
What happens after June 30, 2024, to
DED-based EADs?
present other evidence of continued
work authorization.
This DED authorization is set to end
on June 30, 2024. After that date,
employers can no longer accept EADs
with a Category Code of A–11 and a
‘‘Card Expires’’ date of March 30, 2020,
January 10, 2021, June 30, 2022, or June
30, 2024. Employees will need to
Travel
extending-and-expanding-eligibility-for-deferredenforced-departure-for-liberians/.
27 This section includes the nonwaivable
ineligibility grounds for TPS regarding convictions
for any felony or two or more misdemeanors
committed in the United States, and the bars to
asylum that also apply to TPS in INA, 208(b)(2)(A).
See INA, 244(c)(2)(B); 8 U.S.C. 1254a(c)(2)(B).
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
In its discretion, DHS may provide
travel authorization as a benefit of DED
for eligible Liberian nationals, or
individuals without nationality who last
habitually resided in Liberia. You must
file for travel authorization if you wish
E:\FR\FM\06SEN1.SGM
06SEN1
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
to travel outside of the United States. If
granted, travel authorization gives you
permission to leave the United States
and return during a specific period. To
request travel authorization, you must
file Form I–131, Application for Travel
Document, available at https://
www.uscis.gov/i-131. You may file Form
I–131 together with your Form I–765 or
separately. When filing the Form I–131,
you must:
• Select Item Number 1.d. in Part 2
on the Form I–131; and
• Submit the fee for the Form I–131,
or request a fee waiver, which you may
submit on Form I–912, Request for Fee
Waiver.
If you leave the United States without
first receiving travel authorization, you
may no longer be eligible for DED and
may not be permitted to reenter the
United States. Please also be advised
that if you return to Liberia, you may
not be permitted to resume DED in the
United States since the presidential
memorandum providing for DED for
Liberian nationals, and individuals
without nationality who last habitually
resided in Liberia, excludes individuals
who have voluntarily returned to
Liberia for an aggregate period of 180
days or more.28
Mailing Information
Mail your completed Form I–131 to
the proper address provided in Table 1.
Supporting Documentation
The filing instructions for Form I–131
list all the documents you need to
include with your application. You may
also find information on the acceptable
documentation and DED eligibility on
the USCIS website at https://
www.uscis.gov/humanitarian/deferredenforced-departure. If USCIS needs
additional evidence, it will issue you a
RFE.
General Employment-Related
Information for Individuals With DEDBased EADs and Their Employers
jspears on DSK121TN23PROD with NOTICES
How can I obtain information on the
status of my EAD request?
To get case status information about
your DED-based EAD request, you can
check Case Status Online at https://
www.uscis.gov, or visit the USCIS
Contact Center at https://www.uscis.gov/
contactcenter. If your Form I–765 has
been pending for more than 90 days,
28 See Presidential Memorandum for the
Secretary of State and the Secretary of Homeland
Security on Extending and Expanding Eligibility for
Deferred Enforced Departure for Liberians, June 27,
2022, https://www.whitehouse.gov/briefing-room/
presidential-actions/2022/06/27/memorandum-onextending-and-expanding-eligibility-for-deferredenforced-departure-for-liberians/.
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
and you still need assistance, you may
ask a question about your case online at
https://egov.uscis.gov/e-request/Intro.do
or call the USCIS Contact Center at 800–
375–5283 (TTY 800–767–1833).
Does this Federal Register notice
automatically extend my current EAD
through June 30, 2024?
Regardless of your country of birth, if
you are a national of Liberia, or an
individual having no nationality who
last habitually resided in Liberia, you
were covered by DED for Liberians as of
June 30, 2022, and you are covered by
DED via the June 27, 2022 Presidential
Memorandum, this notice automatically
extends your DED-based EAD bearing a
March 30, 2020, January 10, 2021, or
June 30, 2022 ‘‘Card Expires’’ date and
an A–11 Category Code through June 30,
2024. This means that your EAD is valid
through June 30, 2024, even though the
‘‘Card Expires’’ date has passed.
When I am hired, what documentation
may I show to my employer as evidence
of identity and employment
authorization when completing Form I–
9?
You can find the Lists of Acceptable
Documents on the third page of Form I–
9, Employment Eligibility Verification,
as well as the Acceptable Documents
web page at https://www.uscis.gov/i-9central/acceptable-documents.
Employers must complete Form I–9 to
verify the identity and employment
authorization of all new employees they
hire. Within three business days of hire,
employees must present acceptable
document(s) to their employers as
evidence of identity and employment
authorization to satisfy Form I–9
requirements and employers must
complete Section 2 of the Form I–9. For
employment that will last less than
three days, Section 2 of the Form I–9
must be completed no later than the first
day of work for pay.
You may present any documentation
from List A (which provides evidence of
both identity and employment
authorization) or documentation from
List B (which provides evidence of your
identity) together with documentation
from List C (which provides evidence of
employment authorization), or where
applicable you may present an
acceptable receipt. Receipts may not be
accepted if employment will last less
than three days. Additional information
on receipts is available at https://
www.uscis.gov/i-9-central/form-i-9acceptable-documents/receipts.
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
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
54519
at https://www.uscis.gov/I-9Central. An
EAD is an acceptable document under
List A.
If I have an EAD based on another
immigration status, can I obtain a new
DED-based EAD?
Yes, if you are covered by DED, you
can obtain a new DED-based EAD,
regardless of whether you have an EAD
based on another immigration status. If
you want to obtain a DED-based EAD
valid through June 30, 2024, you must
file Form I–765 and pay the associated
fee.
Can my employer require that I provide
any other documentation to prove my
status, such as proof of my Liberian
citizenship?
No. When completing Form I–9,
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. Therefore,
employers may not request proof of
Liberian citizenship when completing
Form I–9 for new hires or reverifying
the employment authorization of
current employees. 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.
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 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, Civil Rights
Division, Immigrant and Employee
Rights Section (IER) Employer Hotline
E:\FR\FM\06SEN1.SGM
06SEN1
54520
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
jspears on DSK121TN23PROD with NOTICES
at 800–255–8155 (TTY 800–237–2515).
IER offers language interpretation in
numerous languages. Employers may
also email IER at IER@usdoj.gov.
Note to Employees
For general questions about the
employment eligibility verification
process, employees may call USCIS at
888–897–7781 (TTY 877–875–6028) or
email USCIS at I-9Central@dhs.gov.
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. Employers may not require
extra or additional documentation
beyond what is required for Form I–9
completion. Further, employers
participating in E-Verify who receive an
E-Verify case result of Tentative Nonconfirmation (TNC) must promptly
inform employees of the TNC and give
such employees an opportunity to
contest the TNC. A TNC case result
means that the information entered into
E-Verify from Form I–9 differs from
records available to DHS.
Employers may not terminate,
suspend, delay training, withhold or
lower pay, or take any adverse action
against an employee because of the TNC
while the case is still pending with EVerify. A Final Non-confirmation (FNC)
case result is received when E-Verify
cannot confirm an employee’s
employment eligibility. An employer
may terminate employment based on a
case result of FNC. Work-authorized
employees who receive a FNC may call
USCIS for assistance at 888–897–7781
(TTY 877–875–6028). For more
information about E-Verify-related
discrimination or to report an employer
for discrimination in the E-Verify
process based on citizenship,
immigration status, or national origin,
contact IER’s Worker Hotline at 800–
255–7688 (TTY 800–237–2515).
Additional information about proper
nondiscriminatory Form I–9 and EVerify procedures is available on the
IER website at https://www.justice.gov/
ier and the USCIS and E-Verify websites
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
at https://www.uscis.gov/i-9-central and
https://www.e-verify.gov.
Note Regarding Federal, State, and
Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, if you present
an automatically extended DED-based
EAD referenced in this Federal Register
notice, you do not need to show any
other document, such as a Form I–797C,
Notice of Action or this Federal Register
notice, to prove that you qualify for this
extension. 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 your
DHS-issued documentation showing
you are covered by DED and/or showing
you are authorized to work based on
DED. Examples of such documents are:
• Your current EAD with a DED
Category Code of A–11, even if your
country of birth noted on the EAD does
not reflect the DED designated country
of Liberia; or
• Your Form I–797C, Notice of
Action, reflecting approval of your Form
I–765.
Check with the government agency
requesting documentation regarding
which documentation the agency will
accept.
Some state and local government
agencies use the Systematic Alien
Verification for Entitlements (SAVE)
program to confirm the current
immigration status of applicants for
public benefits. While SAVE can verify
that an individual is covered by DED,
each state and local government
agency’s procedures govern whether
they will accept an unexpired EAD or
Form I–797C. If an agency accepts the
type of DED-related document you
present, such as a DED-based EAD, the
agency should accept your
automatically extended EAD, regardless
of the country of birth listed on the
EAD. It may assist the agency if you:
a. Give the agency a copy of the
relevant Federal Register notice
showing the EAD extension in addition
to presenting your recent EAD with your
A-Number or USCIS number;
b. Explain that SAVE will be able to
verify the continuation of DED using
this information; and
c. Ask the agency to submit a SAVE
verification request with your
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
information and follow through with
additional verification steps, if
necessary, to obtain a final SAVE
response verifying your coverage under
DED.
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 https://
save.uscis.gov/casecheck. CaseCheck is
a free service that lets you follow the
progress of your SAVE verification
using your date of birth and one
immigration identifier number (ANumber or USCIS number) or
Verification case 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 on or will act on a SAVE
verification and you do not believe the
response is correct, the SAVE website,
https://www.uscis.gov/save, has detailed
information on how to make corrections
or update your immigration record,
make an appointment, or submit a
written request to correct records.
[FR Doc. 2022–19207 Filed 9–2–22; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7056–N–29]
60-Day Notice of Proposed Information
Collection: Uniform Physical
Standards & Physical Inspection
Requirements; OMB Control No.:
2502–0369
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
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: November
7, 2022.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
SUMMARY:
E:\FR\FM\06SEN1.SGM
06SEN1
Agencies
[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54515-54520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19207]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2721-22; DHS Docket No. USCIS-2022-0007]
Implementation of Employment Authorization for Individuals
Covered by Deferred Enforced Departure for Liberians
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security.
ACTION: Notice of Employment Authorization for Individuals Covered by
Deferred Enforced Departure (DED).
-----------------------------------------------------------------------
SUMMARY: On June 27, 2022, President Joseph Biden issued a memorandum
to the Secretary of State and the Secretary of Homeland Security
(Secretary) determining that it was in the foreign policy interest of
the United States to defer, through June 30, 2024, the removal of
certain Liberian nationals, and individuals having no nationality who
last habitually resided in Liberia, who are present in the United
States and to provide them with employment authorization documentation.
The memorandum directed the Secretary to make provision for immediate
allowance of employment authorization for such individuals. This Notice
provides information about Deferred Enforced Departure (DED) for
certain eligible Liberian nationals, and individuals having no
nationality who last habitually resided in Liberia, and provides
information on how eligible individuals may apply for DED-based
Employment Authorization Documents (EADs) with USCIS. Through this
notice, DHS is providing employment authorization, including procedures
for obtaining related documentation, for covered individuals through
June 30, 2024, and automatically extending the validity of DED-based
EADs bearing a Category Code of A-11 and a ``Card Expires'' date of
March 30, 2020, January 10, 2021, or June 30, 2022, through June 30,
2024. Finally, this Notice provides instructions for DED-eligible
Liberians, or individuals without nationality who last habitually
resided in Liberia, on how to file for travel authorization.
DATES: The extension and expansion of DED and employment authorization
for noncitizens covered by DED for Liberians is effective June 27,
2022, through June 30, 2024. Employment authorization and the
procedures for obtaining EADs in this Notice apply to any of the
following individuals who are not subject to any of the ineligibilities
described in President Biden's memorandum to the Secretaries of State
and Homeland Security: noncitizens who are Liberian nationals, or
individuals having no nationality who last habitually resided in
Liberia, regardless of country of birth, who were covered by DED as of
June 30, 2022; as well as to Liberian nationals, or individuals having
no nationality who last habitually resided in Liberia, regardless of
country of birth, who have been continuously physically present in the
United States since May 20, 2017. Liberian nationals, and individuals
[[Page 54516]]
having no nationality who last habitually resided in Liberia, must meet
all eligibility criteria for DED described below.
FOR FURTHER INFORMATION CONTACT:
You may contact Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 800-375-5283.
For further information on DED, including additional
information on eligibility, please visit the USCIS DED web page at
https://www.uscis.gov/humanitarian/deferred-enforced-departure. You can
find specific information about DED for Liberians by selecting ``DED
Covered Country: Liberia'' from the menu on the left of the DED web
page.
If you have additional questions about DED, please visit
https://www.uscis.gov/tools. Our online virtual assistant, Emma, can
answer many of your questions and point you to additional information
on our website. If you are unable to find your answers there, you may
also call our USCIS Contact Center at 800-375-5283 (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 https://www.uscis.gov, or visit the USCIS Contact Center at
https://www.uscis.gov/contactcenter.
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
CFR--Code of Federal Regulations
DED--Deferred Enforced Departure
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Non-confirmation
Form I-131--Application for Travel Document
Form I-765--Application for Employment Authorization
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
LRIF--Liberian Refugee Immigration Fairness
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Non-confirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Purpose of This Action
Pursuant to the President's constitutional authority to conduct the
foreign relations of the United States, President Biden has concluded
that it is in the foreign policy interest of the United States to defer
through June 30, 2024, the removal of any Liberian national, or
individual without nationality who last habitually resided in Liberia,
who is present in the United States and who was covered by DED as of
June 30, 2022, as well as any Liberian national, or individual without
nationality who last habitually resided in Liberia, who has been
continuously physically present in the United States since May 20,
2017.\1\ Through this Notice, as directed by the President, DHS is
establishing procedures for individuals covered by DED for Liberians to
apply for EADs valid through June 30, 2024, and is automatically
extending the validity of DED-based EADs bearing a Category Code of A-
11 and a ``Card Expires'' date of March 30, 2020, January 10, 2021, or
June 30, 2022, through June 30, 2024.
---------------------------------------------------------------------------
\1\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extending and Expanding
Eligibility for Deferred Enforced Departure for Liberians, June 27,
2022, https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/ (reprinted at 87 FR 38871
(June 29, 2022)).
---------------------------------------------------------------------------
What is deferred enforced departure (DED)?
DED is an administrative deferral of removal ordered by
the President. The authority to extend DED arises from the President's
constitutional authority to conduct the foreign relations of the United
States. The President can authorize DED for any reason related to this
authority. DED has been authorized in situations where foreign
nationals or other groups of noncitizens may face danger if required to
return to countries or any part of such foreign countries experiencing
political instability, conflict, or other unsafe conditions, or when
there are other foreign policy reasons for allowing a designated group
of noncitizens to remain in the United States.
Although DED is not a specific immigration status,
individuals covered by DED are not subject to removal from the United
States, usually for a designated period of time. Furthermore, the
President may direct that certain benefits, such as employment
authorization or travel authorization, be available to the noncitizens
covered by the DED directive.
If the President provides for employment or travel
authorization, USCIS administers those benefits. USCIS publishes a
Federal Register notice to inform the covered population on how to
apply for any benefits provided.
The President issues directives regarding DED and who is
covered via presidential memorandum. The qualification requirements for
individuals who are covered by DED are based on the terms of the
President's directive regarding DED and any relevant implementing
requirements established by DHS. Since DED is a directive to defer
removal of an individual, rather than a specific immigration status
like Temporary Protected Status (TPS), there is no DED application form
required for an individual to be covered by DED. Form I-765
(Application for Employment Authorization) may be filed if a DED-
covered individual wants an EAD.
Background
The President has determined that there are compelling foreign
policy reasons to extend and expand DED for Liberians. In his June 27,
2022 memorandum, he explained that ``[p]roviding protection from
removal and work authorization to these Liberians, for whom we have
long authorized TPS or DED in the United States, including while they
complete the [Liberian Refugee Immigration Fairness] (LRIF) status-
adjustment process, honors the historic close relationship between the
United States and Liberia and is in the foreign policy interests of the
United States.''
The United States established diplomatic relations with Liberia in
1864, 17 years after it declared independence from the American
Colonization Society, an organization that resettled free African
Americans and freed slaves in Liberia.\2\ Since 1991, the United States
has provided safe haven for Liberians who were forced to flee their
country as a result of armed conflict and widespread civil strife.
---------------------------------------------------------------------------
\2\ U.S. Department of State, ``U.S. Relations With Liberia''
(Aug 2, 2019), https://www.state.gov/u-s-relations-with-liberia/.
---------------------------------------------------------------------------
Due to ongoing civil war, Liberia was first designated for
TPS for 12 months effective March 27, 1991, with successive extensions
by Attorneys General under President George H.W. Bush and President
Clinton to September 28, 1998,\3\ and a new
[[Page 54517]]
designation (also termed ``redesignation'') from September 29, 1998,
until September 28, 1999.\4\
---------------------------------------------------------------------------
\3\ See Designation of Liberia Under Temporary Protected Status
Program, 56 FR 12746 (Mar. 27, 1991) and Extension of Designation of
Liberia Under Temporary Protected Status Program, 57 FR 2932 (Jan.
24, 1992), 58 FR 7898 (Feb. 10, 1993), 59 FR 9997 (Mar. 2, 1994), 60
FR 16163 (Mar. 29, 1995), 61 FR 8076 (Mar. 1, 1996), Extension of
Designation and Redesignation of Liberia Under Temporary Protected
Status Program, 62 FR 16608 (Apr. 7, 1997), Termination of
Designation of Liberia Under Temporary Protected Status Program
After Final 6-Month Extension, 63 FR 15437 (Mar. 31, 1998).
\4\ See Redesignation of Liberia Under Temporary Protected
Status Program, 63 FR 51958 (Sept. 29, 1998).
---------------------------------------------------------------------------
Although Attorney General (AG) Reno announced the
termination of TPS effective September 28, 1999,\5\ President Clinton
authorized DED of certain Liberians in the United States until
September 29, 2000, citing the fragile political and economic situation
in the country at the time,\6\ and DED was subsequently extended
through September 29, 2002.\7\
---------------------------------------------------------------------------
\5\ See Termination of Designation of Liberia Under the
Temporary Protected Status Program, 64 FR 41463 (Jul. 30, 1999).
\6\ See Presidential Memorandum for the Attorney General on
Measures Regarding Certain Liberians in the United States, Sept. 27,
1999, https://clintonwhitehouse6.archives.gov/1999/09/1999-09-27-memorandum-on-liberians.html.
\7\ See Presidential Memorandum for the Attorney General on
Measures Regarding Certain Liberians in the United States, Sept. 25,
2001, https://georgewbush-whitehouse.archives.gov/news/releases/2001/09/text/20010925-7.html.
---------------------------------------------------------------------------
In October 2002, due to the outbreak of another civil war,
AG Ashcroft designated Liberia for TPS from October 1, 2002 to October
1, 2003 and subsequently, Secretaries of Homeland Security redesignated
Liberia for TPS and extended the designation through October 1,
2006.\8\ Secretary Chertoff announced the termination of TPS for
Liberia effective October 1, 2007.\9\ In September 2007, President Bush
announced DED of certain Liberians in the United States for 18 months,
from October 1, 2007 until March 31, 2009.\10\ Following this DED
authorization, DED was extended 5 times: (1) from March 31, 2009, for
18 months; \11\ (2) from March 31, 2010, for 18 months; \12\ (3) from
September 30, 2011, for 18 months; \13\ (4) from March 31, 2013, for 18
months; \14\ and (5) from October 1, 2014, for 24 months.\15\
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\8\ See Designation of Liberia Under the Temporary Protected
Status Program, 67 FR 61664 (Oct. 1, 2002), Extension of the
Designation of Liberia Under the Temporary Protected Status Program,
68 FR 46648 (Aug. 6, 2003), Termination and Re-designation of
Liberia for Temporary Protected Status, 69 FR 52297 (Aug. 25, 2004),
Extension of the Designation of Liberia for Temporary Protected
Status, 70 FR 48176 (Aug. 16, 2005).
\9\ See Termination of the Designation of Liberia for Temporary
Protected Status; Automatic Extension of Employment Authorization
Documentation for Liberia TPS Beneficiaries, 71 FR 55000 (Sept. 20,
2006).
\10\ See Presidential Memorandum for the Secretary of Homeland
Security on Measures Regarding Certain Liberians in the United
States, Sept. 12, 2007, https://georgewbush-whitehouse.archives.gov/news/releases/2007/09/20070912-10.html.
\11\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Mar. 23,
2009, https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-regarding-deferred-enforced-departure-liberians.
\12\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Mar. 19,
2010, https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-deferred-enforced-departure-liberians.
\13\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Aug. 16,
2011, https://obamawhitehouse.archives.gov/the-press-office/2011/08/16/memorandum-president-regarding-deferred-enforced-departure-liberians.
\14\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Mar. 15,
2013, https://obamawhitehouse.archives.gov/the-press-office/2013/03/15/presidential-memorandum-deferred-enforced-departure-liberians.
\15\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Sept. 26,
2014, https://obamawhitehouse.archives.gov/the-press-office/2014/09/26/presidential-memorandum-deferred-enforced-departure-liberians.
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In November 2014, Secretary Johnson designated Liberia for
TPS from November 21, 2014, through May 21, 2016, due to an outbreak of
Ebola virus disease in West Africa.\16\ TPS for Liberia was then
extended from May 22, 2016, through November 21, 2016.\17\ In September
2016, Secretary Johnson announced a six-month extension of TPS benefits
for an orderly transition before termination of Liberia's TPS
designation effective May 21, 2017.\18\
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\16\ See Designation of Liberia for Temporary Protected Status,
79 FR 69502 (Nov. 21, 2014).
\17\ See Extension of the Designation of Liberia for Temporary
Protected Status, 81 FR 15328 (Mar. 22, 2016).
\18\ See Six-Month Extension of Temporary Protected Status
Benefits for Orderly Transition Before Termination of Liberia's
Designation for Temporary Protected Status, 81 FR 66059 (Sept. 26,
2016).
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In September 2016, President Obama extended DED for
Liberians from October 1, 2016, for 18 months.\19\ In March 2018,
President Trump announced the expiration of DED for Liberians effective
March 31, 2019, following a 12-month wind-down period.\20\ In March
2019, President Trump announced the extension of DED for Liberians for
an additional 12-month wind-down period through March 30, 2020.\21\
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\19\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Sept. 28,
2016, https://obamawhitehouse.archives.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians.
\20\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security, Mar. 27, 2018, https://trumpwhitehouse.archives.gov/presidential-actions/presidential-memorandum-secretary-state-secretary-homeland-security/.
\21\ See Presidential Memorandum on Extension of Deferred
Enforced Departure for Liberians, Mar. 28, 2019, https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-extension-deferred-enforced-departure-liberians/.
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On December 20, 2019, President Trump signed the National
Defense Authorization Act (NDAA) for Fiscal Year 2020 (Pub. L. 116-92)
which included a provision titled ``Liberian Refugee Immigration
Fairness'' (LRIF). LRIF provided certain Liberians, including those who
had been continuously physically present in the United States since
November 20, 2014, as well as their spouses, children, and unmarried
sons or daughters, the ability to adjust their status to that of a U.S.
Lawful Permanent Resident. Under this provision, eligible Liberian
nationals and eligible family members had until December 20, 2020, to
apply for adjustment of status.\22\
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\22\ See National Defense Authorization Act for Fiscal Year
2020, Public Law 116-92, Title LXXVI--Other Matters, Section 7611
Liberian Refugee Immigration Fairness, https://www.govinfo.gov/content/pkg/PLAW-116publ92/html/PLAW-116publ92.htm.
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In March 2020, President Trump issued a memorandum
extending the wind-down period for DED for Liberians through January
10, 2021.\23\ In December 2020, the Consolidated Appropriations Act,
2021 (Pub. L. 116-260) extended the LRIF application deadline for an
additional year, from December 20, 2020, to December 20, 2021.\24\
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\23\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extending the Wind-Down Period
for Deferred Enforced Departure for Liberians, Mar. 30, 2020,
https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-extending-wind-period-deferred-enforced-departure-liberians/.
\24\ See Consolidated Appropriations Act, 2021, Part 1, Public
Law 116-260, Dec. 27, 2020, Division O--Extensions and Technical
Corrections, Title IX--Adjustment of Status for Liberian Nationals
Extension, Section 901, https://www.congress.gov/116/plaws/publ260/PLAW-116publ260.pdf.
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In January 2021, President Biden reinstated DED for
Liberians from January 10, 2021 through June 30, 2022, with limited
exclusions for certain ineligibilities.\25\ In June 2022, President
Biden extended and expanded DED for Liberians from June 30, 2022
through June 30, 2024.\26\ In addition to those
[[Page 54518]]
individuals who were covered by DED on June 30, 2022, President Biden
expanded DED coverage to certain Liberians, and individuals without
nationality who last habitually resided in Liberia, who have been
continuously physically present in the United States since May 20,
2017, and are not subject to the categories of individuals excluded
from DED by the President's Memorandum.
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\25\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Reinstating Deferred Enforced
Departure for Liberians, Jan. 20, 2021, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/reinstating-deferred-enforced-departure-for-liberians/.
\26\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extending and Expanding
Eligibility for Deferred Enforced Departure for Liberians, June 27,
2022, https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/.
Ur M. Jaddou,
Director, U.S. Citizenship and Immigration Services.
Eligibility and Employment Authorization for DED
How will I know if I am eligible for employment authorization under the
DED presidential memorandum for liberians?
The procedures for employment authorization in this Notice apply to
non-U.S. citizens who are Liberian nationals, or individuals without
nationality who last habitually resided in Liberia, who are present in
the United States and who were covered by DED as of June 30, 2022, as
well as any Liberian nationals, or individuals without nationality who
last habitually resided in Liberia, who have been continuously
physically present in the United States since May 20, 2017, except for
noncitizens:
Who would be ineligible for TPS for the reasons provided
in section 244(c)(2)(B) of the Immigration and Nationality Act, 8
U.S.C. 1254a(c)(2)(B); \27\
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\27\ This section includes the nonwaivable ineligibility grounds
for TPS regarding convictions for any felony or two or more
misdemeanors committed in the United States, and the bars to asylum
that also apply to TPS in INA, 208(b)(2)(A). See INA, 244(c)(2)(B);
8 U.S.C. 1254a(c)(2)(B).
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Who sought or seek Lawful Permanent Residence status under
the Liberian Refugee Immigration Fairness (LRIF) provision but whose
applications have been or are denied by the Secretary of Homeland
Security due to ineligibility for the LRIF provision under sections
7611(b)(1)(C) and (b)(3) of the National Defense Authorization Act
(NDAA);
Whose removal the Secretary of Homeland Security
determines is in the interest of the United States, subject to the LRIF
provision;
Whose presence or activities in the United States the
Secretary of State has reasonable grounds to believe would have
potentially serious adverse foreign policy consequences for the United
States;
Who have voluntarily returned to Liberia or their country
of last habitual residence outside the United States for an aggregate
period of 180 days or more, as specified in subsection (c)(2) of the
LRIF provision; or
Who are subject to extradition.
What will I need to file if I am covered by DED and would like to
obtain an EAD?
If you are covered by DED for Liberians and want a DED-based EAD,
you must file an Application for Employment Authorization (Form I-765).
Please carefully follow the Form I-765 instructions when completing the
application for an EAD. When filing the Form I-765, you must:
Indicate that you are eligible for DED by entering
``(a)(11)'' in response to Question 27 on the Form I-765; and
Submit the fee for the Form I-765 (or request a fee
waiver).
The regulations require individuals covered by DED who request an
EAD to pay the fee prescribed in 8 CFR 103.7 for the Form I-765. See
also 8 CFR 274a.12(a)(11) (employment authorization for DED-covered
individuals); and 8 CFR 274a.13(a) (requirement to file EAD application
if EAD desired). If you are unable to pay the fee, you may request a
fee waiver by submitting a Request for Fee Waiver (Form I-912).
If you currently have a DED-based EAD bearing a Category Code of A-
11 and a ``Card Expires'' date of March 30, 2020, January 10, 2021, or
June 30, 2022, and are covered by DED via the June 27, 2022
Presidential Memorandum, your EAD is automatically extended through
June 30, 2024, even though its facial expiration date has passed.
Supporting Documentation
The filing instructions on Form I-765 list all the documents
needed. You may also find information on the initial required documents
on the USCIS website at https://www.uscis.gov/i-765. If USCIS
determines after reviewing your submission that it needs additional
information, it will issue you a Request for Evidence (RFE).
How will I know if USCIS will need to obtain biometrics?
If biometrics are required to produce your EAD, you will be
notified by USCIS and scheduled for an appointment at a USCIS
Application Support Center.
Where do I submit my completed DED-based application for employment
authorization (Form I-765)?
For a DED-based EAD, mail your completed Form I-765 and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail to . . .
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Mailing your form through the U.S. USCIS, Attn: DED Liberia, P.O.
Postal Service (USPS). Box 805283, Chicago, IL 60680-
5283.
Using FedEx, UPS, or DHL............... USCIS, Attn: DED Liberia (Box
805283), 131 S. Dearborn 3rd
Floor, Chicago, IL 60603-5517.
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You may file Form I-765 and Form I-131, Application for Travel
Document together or separately. More information on filing a Form I-
131 appears below.
Can I file my DED-based form I-765 electronically?
No. Electronic filing is not available when filing a DED-based Form
I-765.
What happens after June 30, 2024, to DED-based EADs?
This DED authorization is set to end on June 30, 2024. After that
date, employers can no longer accept EADs with a Category Code of A-11
and a ``Card Expires'' date of March 30, 2020, January 10, 2021, June
30, 2022, or June 30, 2024. Employees will need to present other
evidence of continued work authorization.
Travel
In its discretion, DHS may provide travel authorization as a
benefit of DED for eligible Liberian nationals, or individuals without
nationality who last habitually resided in Liberia. You must file for
travel authorization if you wish
[[Page 54519]]
to travel outside of the United States. If granted, travel
authorization gives you permission to leave the United States and
return during a specific period. To request travel authorization, you
must file Form I-131, Application for Travel Document, available at
https://www.uscis.gov/i-131. You may file Form I-131 together with your
Form I-765 or separately. When filing the Form I-131, you must:
Select Item Number 1.d. in Part 2 on the Form I-131; and
Submit the fee for the Form I-131, or request a fee
waiver, which you may submit on Form I-912, Request for Fee Waiver.
If you leave the United States without first receiving travel
authorization, you may no longer be eligible for DED and may not be
permitted to reenter the United States. Please also be advised that if
you return to Liberia, you may not be permitted to resume DED in the
United States since the presidential memorandum providing for DED for
Liberian nationals, and individuals without nationality who last
habitually resided in Liberia, excludes individuals who have
voluntarily returned to Liberia for an aggregate period of 180 days or
more.\28\
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\28\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extending and Expanding
Eligibility for Deferred Enforced Departure for Liberians, June 27,
2022, https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/.
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Mailing Information
Mail your completed Form I-131 to the proper address provided in
Table 1.
Supporting Documentation
The filing instructions for Form I-131 list all the documents you
need to include with your application. You may also find information on
the acceptable documentation and DED eligibility on the USCIS website
at https://www.uscis.gov/humanitarian/deferred-enforced-departure. If
USCIS needs additional evidence, it will issue you a RFE.
General Employment-Related Information for Individuals With DED-Based
EADs and Their Employers
How can I obtain information on the status of my EAD request?
To get case status information about your DED-based EAD request,
you can check Case Status Online at https://www.uscis.gov, or visit the
USCIS Contact Center at https://www.uscis.gov/contactcenter. If your
Form I-765 has been pending for more than 90 days, and you still need
assistance, you may ask a question about your case online at https://egov.uscis.gov/e-request/Intro.do or call the USCIS Contact Center at
800-375-5283 (TTY 800-767-1833).
Does this Federal Register notice automatically extend my current EAD
through June 30, 2024?
Regardless of your country of birth, if you are a national of
Liberia, or an individual having no nationality who last habitually
resided in Liberia, you were covered by DED for Liberians as of June
30, 2022, and you are covered by DED via the June 27, 2022 Presidential
Memorandum, this notice automatically extends your DED-based EAD
bearing a March 30, 2020, January 10, 2021, or June 30, 2022 ``Card
Expires'' date and an A-11 Category Code through June 30, 2024. This
means that your EAD is valid through June 30, 2024, even though the
``Card Expires'' date has passed.
When I am hired, what documentation may I show to my employer as
evidence of identity and employment authorization when completing Form
I-9?
You can find the Lists of Acceptable Documents on the third page of
Form I-9, Employment Eligibility Verification, as well as the
Acceptable Documents web page at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the
identity and employment authorization of all new employees they hire.
Within three business days of hire, employees must present acceptable
document(s) to their employers as evidence of identity and employment
authorization to satisfy Form I-9 requirements and employers must
complete Section 2 of the Form I-9. For employment that will last less
than three days, Section 2 of the Form I-9 must be completed no later
than the first day of work for pay.
You may present any documentation from List A (which provides
evidence of both identity and employment authorization) or
documentation from List B (which provides evidence of your identity)
together with documentation from List C (which provides evidence of
employment authorization), or where applicable you may present an
acceptable receipt. Receipts may not be accepted if employment will
last less than three days. Additional information on receipts is
available at https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents/receipts. 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 https://www.uscis.gov/I-9Central. An
EAD is an acceptable document under List A.
If I have an EAD based on another immigration status, can I obtain a
new DED-based EAD?
Yes, if you are covered by DED, you can obtain a new DED-based EAD,
regardless of whether you have an EAD based on another immigration
status. If you want to obtain a DED-based EAD valid through June 30,
2024, you must file Form I-765 and pay the associated fee.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my Liberian citizenship?
No. When completing Form I-9, 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. Therefore, employers may not
request proof of Liberian citizenship when completing Form I-9 for new
hires or reverifying the employment authorization of current employees.
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.
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 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, Civil Rights
Division, Immigrant and Employee Rights Section (IER) Employer Hotline
[[Page 54520]]
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. 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 Non-
confirmation (TNC) must promptly inform employees of the TNC and give
such employees an opportunity to contest the TNC. A TNC case result
means that the information entered into E-Verify from Form I-9 differs
from records available to DHS.
Employers may not terminate, suspend, delay training, withhold or
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 Non-
confirmation (FNC) case result is received when E-Verify cannot confirm
an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive a FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at https://www.justice.gov/ier and the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, if you present an automatically extended DED-
based EAD referenced in this Federal Register notice, you do not need
to show any other document, such as a Form I-797C, Notice of Action or
this Federal Register notice, to prove that you qualify for this
extension. 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 your DHS-issued documentation showing you are
covered by DED and/or showing you are authorized to work based on DED.
Examples of such documents are:
Your current EAD with a DED Category Code of A-11, even if
your country of birth noted on the EAD does not reflect the DED
designated country of Liberia; or
Your Form I-797C, Notice of Action, reflecting approval of
your Form I-765.
Check with the government agency requesting documentation regarding
which documentation the agency will accept.
Some state and local government agencies use the Systematic Alien
Verification for Entitlements (SAVE) program to confirm the current
immigration status of applicants for public benefits. While SAVE can
verify that an individual is covered by DED, each state and local
government agency's procedures govern whether they will accept an
unexpired EAD or Form I-797C. If an agency accepts the type of DED-
related document you present, such as a DED-based EAD, the agency
should accept your automatically extended EAD, regardless of the
country of birth listed on the EAD. It may assist the agency if you:
a. Give the agency a copy of the relevant Federal Register notice
showing the EAD extension in addition to presenting your recent EAD
with your A-Number or USCIS number;
b. Explain that SAVE will be able to verify the continuation of DED
using this information; and
c. Ask the agency to submit a SAVE verification request with your
information and follow through with additional verification steps, if
necessary, to obtain a final SAVE response verifying your coverage
under DED.
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 https://save.uscis.gov/casecheck. CaseCheck is a
free service that lets you follow the progress of your SAVE
verification using your date of birth and one immigration identifier
number (A-Number or USCIS number) or Verification case 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 on or will act on a SAVE verification and you do not
believe the response is correct, the SAVE website, https://www.uscis.gov/save, has detailed information on how to make corrections
or update your immigration record, make an appointment, or submit a
written request to correct records.
[FR Doc. 2022-19207 Filed 9-2-22; 8:45 am]
BILLING CODE 9111-97-P