[Federal Register Volume 80, Number 4 (Wednesday, January 7, 2015)]
[Notices]
[Pages 893-899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00031]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2550-14; DHS Docket No. USCIS-2007-0028]
RIN 1615-ZB36
Extension of the Designation of El Salvador for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of El Salvador for Temporary Protected Status
(TPS) for 18 months from March 10, 2015, through September 9, 2016.
The extension allows currently eligible TPS beneficiaries to retain
TPS through September 9, 2016, so long as they otherwise continue to
meet the eligibility requirements for TPS. The Secretary has determined
that an extension is warranted because the conditions in El Salvador
that prompted the TPS designation continue to be met. There continues
to be a substantial, but temporary, disruption of living conditions in
El Salvador resulting from a series of earthquakes in 2001, and El
Salvador remains unable, temporarily, to handle adequately the return
of its nationals.
Through this Notice, DHS also sets forth procedures necessary for
nationals of El Salvador (or aliens having no nationality who last
habitually resided in El Salvador) to re-register for TPS and to apply
for renewal of their Employment Authorization Documents (EADs) with
U.S. Citizenship and Immigration Services (USCIS). Re-registration is
limited to persons who have previously registered for TPS under the
designation of El Salvador and whose applications have been granted.
Certain nationals of El Salvador (or aliens having no nationality who
last habitually resided in El Salvador) who have not previously applied
for TPS may be eligible to apply under the late initial registration
provisions, if they meet: (1) At least one of the late initial filing
criteria; and, (2) all TPS eligibility criteria (including continuous
residence in the United States since February 13, 2001, and continuous
physical presence in the United States since March 9, 2001).
For individuals who have already been granted TPS under the El
Salvador designation, the 60-day re-registration period runs from
January 7, 2015 through March 9, 2015. USCIS will issue new EADs with a
September 9, 2016 expiration date to eligible El Salvador TPS
beneficiaries who timely re-register and apply for EADs under this
extension. Given the timeframes involved with processing TPS re-
registration applications, DHS recognizes that not all re-registrants
will receive new EADs before their current EADs expire on March 9,
2015. Accordingly, through this Notice, DHS automatically extends the
validity of EADs issued under the TPS designation of El Salvador for 6
months, through September 9, 2015, and explains how TPS beneficiaries
and their employers may determine which EADs are automatically extended
and their impact on Employment Eligibility Verification (Form I-9) and
the E-Verify processes.
DATES: The 18-month extension of the TPS designation of El Salvador is
effective March 10, 2015, and will remain in effect through September
9, 2016. The 60-day re-registration period runs from January 7, 2015
through March 9, 2015March 9, 2015. (Note: It is important for re-
registrants to timely re-register during this 60-day re-registration
period and not to wait until their EADs expire.)
FOR FURTHER INFORMATION CONTACT:
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find
specific information about this extension of El Salvador for TPS by
selecting ``TPS Designated Country: El Salvador'' from the menu on the
left of the TPS Web page.
You can also contact the TPS Operations Program Manager at
the Family and Status Branch, Service Center Operations Directorate,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by
phone at (202) 272-1533 (this is not a toll-free number). Note: The
phone number provided here is solely for questions regarding this TPS
Notice. It is not for individual case status inquires.
Applicants seeking information about the status of their
individual cases can check Case Status Online, available at the USCIS
Web site at http://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available
in English and Spanish.
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices
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
[[Page 894]]
What is 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 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 work and obtain EADs, so long as they continue to meet
the requirements of TPS.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not result in or lead to
permanent resident status.
When the Secretary terminates a country's TPS designation
through a separate Federal Register notice, beneficiaries return to the
same immigration status they maintained before TPS, if any (unless that
status has since expired or been terminated), or to any other lawfully
obtained immigration status they received while registered for TPS.
When was El Salvador designated for TPS?
On March 9, 2001, the Attorney General designated El Salvador for
TPS based on an environmental disaster within that country,
specifically the devastation resulting from a series of earthquakes
that occurred in 2001. See Designation of El Salvador Under Temporary
Protected Status, 66 FR 14214 (Mar. 9, 2001). The Secretary last
announced an extension of TPS for El Salvador on May 30, 2013, based on
her determination that the conditions warranting the designation
continued to be met. See Extension of the Designation of El Salvador
for Temporary Protected Status, 78 FR 32418 (May 30, 2013). This
announcement is the tenth extension of TPS for El Salvador since the
original designation in 2001.
What authority does the Secretary of Homeland Security have to extend
the designation of El Salvador for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate U.S. Government
agencies, to designate a foreign state (or part thereof) for TPS if the
Secretary finds that certain country conditions exist.\1\ The Secretary
may then grant TPS to eligible nationals of that foreign state (or
aliens having no nationality who last habitually resided in that
state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002, Public Law 107-296,
116 Stat. 2135, any reference to the Attorney General in a provision
of the INA describing functions transferred from the Department of
Justice to DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
Act of 2002, tit. XV, section 1517).
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At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
a foreign state continues to meet the conditions for TPS designation,
the designation may be extended for an additional period of 6, 12, or
18 months. See section 244(b)(3)(C) of the INA, 8 U.S.C.
1254a(b)(3)(C). If the Secretary determines that the foreign state no
longer meets the conditions for TPS designation, the Secretary must
terminate the designation. See INA section 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for El Salvador
through September 9, 2016?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in El Salvador. Based on this review and
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the disruption in living
conditions in affected areas of El Salvador resulting from the
environmental disaster that prompted the March 9, 2001 designation
persists.
El Salvador was originally designated for Temporary Protected
Status following a series of major earthquakes and aftershocks in early
2001. The first, on January 13, registered at 7.6 in magnitude on the
standard seismic scale; the second, on February 13, measured 6.6 in
magnitude. Together they killed over 1,000 people, caused approximately
8,000 injuries, and affected approximately 1.5 million people. Of 262
municipalities in El Salvador, 165 suffered serious damage in the first
quake, while the second quake hit the departments of La Paz, San
Vicente, and Cuscatl[aacute]n the hardest. The earthquakes caused
significant damage to homes, hospitals, schools, and transportation
systems.
The 2001 earthquakes damaged or destroyed 276,594 housing units. A
2012 study by the El Salvador Ministry of Economy indicated the
national housing deficit was at 446,000, a profound deficit for a
country of 6.1 million people. This shortage would be exacerbated by
the return of thousands of Salvadoran nationals currently residing in
the United States under TPS.
The National Water Institution estimated that 40 to 50 percent of
the Salvadoran population lacked potable water access due to damages to
the water and electrical systems in the aftermath of the 2001
earthquakes. Over 10 percent of El Salvador's total population, mostly
in rural areas, still lacks access to drinking water. Water
contamination and scarcity are of particular concern in the San
Salvador metropolitan area, threatening human health and productivity,
as well as generating social conflict. According to the El Salvador
Ministry of Environment, only 5 percent of El Salvador's surface water
is considered treatable for drinking purposes. El Salvador's 59
principal wetland areas have been degraded and polluted by solid waste,
untreated waste water, agrochemicals, and unsustainable resource
extraction practices. According to El Salvador's public water utility,
over 278 million cubic meters of wastewater are produced annually.
Subsequent environmental disasters since the 2001 earthquakes have
caused significant damage to infrastructure, disrupting recovery
efforts. In 2005, tropical storm Stan caused widespread flooding,
landslides, and destruction of homes and crops throughout the country.
A series of earthquakes in western El Salvador in 2006 resulted in the
temporary displacement of 2,000 families. Storms in 2009 (Ida) and 2010
(Agatha) killed over 200 people, left 78 people unaccounted for,
damaged over 1,500 houses, and affected 120,000 Salvadorans. Severe
infrastructural damage amounted to $343 million, of which more than
half was related to roadways and bridges. In October 2011, tropical
depression 12-E brought 10 days of heavy rain to El Salvador. The storm
caused an estimated $840 million in damage, flooding 20,000 homes,
damaging 18 roads and 21 bridges, and resulting in heavy agricultural
losses. These three storms caused an estimated $1.3 billion in damage,
a figure equal to 5 percent of the country's total 2012 gross domestic
product. In June 2013, Tropical Storm Barry caused flooding in El
Salvador, and in December 2013, the eruption of the Chaparrastique
volcano located in eastern El Salvador forced thousands of people
within a 2-mile radius to evacuate their homes. These environmental
disasters, as well as
[[Page 895]]
others not detailed herein, have caused substantial setbacks to
infrastructure recovery and development since the 2001 earthquakes.
El Salvador is currently experiencing the effects of a severe
regional drought that is impacting food security. In August 2014, the
Famine Early Warning Systems Network reported that rainfall deficits in
eastern areas of El Salvador began in late June 2014, and rainfall
accumulation in the affected areas is 50 to 75 percent below average.
The Famine Early Warning Systems Network has also stated that ``[t]his
dryness is the worst in 10 years, including the El Ni[ntilde]o year of
2009,'' and ``. . . losses incurred by subsistence farmers located in
the worst-affected areas are expected to exceed 70 percent.'' In
addition to the effects of the drought, a leaf rust epidemic has
affected 74 percent of coffee plants in El Salvador, causing a loss of
millions of dollars in coffee production, as well as the loss of over
300,000 jobs in that sector.
Economic losses from the earthquakes were reported to be as high as
$2.6 billion, almost 15 percent of El Salvador's gross domestic
product. El Salvador's economy continues to experience significant
challenges. Most analysts expect El Salvador's gross domestic product
to grow 1.6 to 1.8 percent in 2014, approximately half the rate of its
regional neighbors. According to a 2013 Social Panorama of Latin
America Report issued by the European Commission for Latin America and
the Caribbean, almost half of all Salvadorans (45.3 percent) live in
poverty. It is estimated that over a third of the country's workforce
is underemployed or not able to find full-time work. In light of the
highly problematic economic situation, a large influx of returning
citizens at this time would overwhelm the labor market and the
government's fiscal ability to extend basic services to its citizens.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the March 9, 2001 designation
of El Salvador for TPS continue to be met. See INA sections
244(b)(1)(B), (b)(3)(A) and (C), 8 U.S.C. 1254a(b)(1)(B), (b)(3)(A) and
(C).
There continues to be a substantial, but temporary,
disruption in living conditions in El Salvador as a result of an
environmental disaster. See INA section 244(b)(1)(B)(i), 8 U.S.C.
1254a(b)(1)(B)(i).
El Salvador continues to be unable, temporarily, to handle
adequately the return of its nationals (or aliens having no nationality
who last habitually resided in El Salvador). See INA section
244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii).
The designation of El Salvador for TPS should be extended
for an additional 18-month period from March 10, 2015 through September
9, 2016. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
There are approximately 204,000 current El Salvador TPS
beneficiaries who are expected to file for re-registration and may be
eligible to retain their TPS under the extension.
Notice of Extension of the TPS Designation of El Salvador
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, that the conditions that prompted the
designation of El Salvador for TPS in 2001 continue to be met. See INA
section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this
determination, I am extending the designation of El Salvador for TPS
for 18 months from March 10, 2015, through September 9, 2016. See INA
sections 244(b)(2) and (b)(3), 8 U.S.C. 1254a(b)(2) and (b)(3).
Jeh Charles Johnson,
Secretary.
Required Application Forms and Application Fees To Register or Re-
register for TPS
To register or re-register for TPS based on the designation of El
Salvador, an applicant must submit each of the following two
applications:
1. Application for Temporary Protected Status (Form I-821).
If you are filing an application for late initial
registration, you must pay the fee for the Application for Temporary
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and
information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
If you are filing an application for re-registration, you
do not need to pay the fee for the Application for Temporary Protected
Status (Form I-821). See 8 CFR 244.17. and
2. Application for Employment Authorization (Form I-765).
If you are applying for late initial registration and want
an EAD, you must pay the fee for the Application for Employment
Authorization (Form I-765) only if you are age 14 through 65. No fee
for the Application for Employment Authorization (Form I-765) is
required if you are under the age of 14 or are 66 and older and
applying for late initial registration.
If you are applying for re-registration, you must pay the
fee for the Application for Employment Authorization (Form I-765) only
if you want an EAD, regardless of age.
You do not pay the fee for the Application for Employment
Authorization (Form I-765) if you are not requesting an EAD, regardless
of whether you are applying for late initial registration or re-
registration.
You must submit both completed application forms together. If you
are unable to pay for the Application for Employment Authorization
(Form I-765) and/or biometrics fee, you may apply for a fee waiver by
completing a Request for Fee Waiver (Form I-912) or submitting a
personal letter requesting a fee waiver, and by providing satisfactory
supporting documentation. For more information on the application forms
and fees for TPS, please visit the USCIS TPS Web page at http://www.uscis.gov/tps. Fees for the Application for Temporary Protected
Status (Form I-821), the Application for Employment Authorization (Form
I-765), and biometric services are also described in 8 CFR
103.7(b)(1)(i).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay for the
biometric services fee, you may apply for a fee waiver by completing a
Request for Fee Waiver (Form I-912) or by submitting a personal letter
requesting a fee waiver, and providing satisfactory supporting
documentation. For more information on the biometric services fee,
please visit the USCIS Web site at http://www.uscis.gov. If necessary,
you may be required to visit an Application Support Center to have your
biometrics captured.
Re-filing a Re-registration TPS Application After Receiving a Denial of
a Fee Waiver Request
USCIS urges all re-registering applicants to file as soon as
possible within the 60-day re-registration period so that USCIS can
process the applications and issue EADs promptly. Filing early will
also allow those applicants who may receive denials of their fee waiver
requests to have time to re-file their applications before the re-
registration deadline. If, however, an applicant receives a denial of
his or her fee waiver request and is unable to re-
[[Page 896]]
file by the re-registration deadline, the applicant may still re-file
his or her application. This situation will be reviewed to determine
whether the applicant has established good cause for late re-
registration. However, applicants are urged to re-file within 45 days
of the date on their USCIS fee waiver denial notice, if at all
possible. See INA section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR
244.17(c). For more information on good cause for late re-registration,
visit the USCIS TPS Web page at http://www.uscis.gov/tps. Note: As
previously stated, although a re-registering TPS beneficiary age 14 and
older must pay the biometric services fee (but not the initial TPS
application fee) when filing a TPS re-registration application, the
applicant may decide to wait to request an EAD, and therefore not pay
the Application for Employment Authorization (Form I-765) fee, until
after USCIS has approved the individual's TPS re-registration, if he or
she is eligible. If you choose to do this, you would file the
Application for Temporary Protected Status (Form I-821) with the fee
and the Application for Employment Authorization (Form I-765) without
the fee and without requesting an EAD.
Mailing Information
Mail your application for TPS to the proper address in Table 1.
Table 1--Mailing Addresses
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If . . . Mail to . . .
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Are applying for re-registration and U.S. Postal Service: U.S.
you live in the following states/ Citizenship and Immigration
territories: Services, Attn: TPS El
Salvador, P.O. Box 8635,
Chicago, IL 60680-8635.
Connecticut, Delaware, Florida, Non-U.S. Postal Delivery
Georgia, Illinois, Indiana, Kentucky, Service: U.S. Citizenship and
Maine, Maryland, Massachusetts, Immigration Services, Attn:
Michigan, New Hampshire, New Jersey, TPS El Salvador, 131 S.
North Carolina, Ohio, Pennsylvania, Dearborn--3rd Floor, Chicago,
Rhode Island, South Carolina, Vermont, IL 60603-5517.
Virginia, Washington DC, West Virginia.
Are applying for re-registration and U.S. Postal Service: U.S.
you live in the following states/ Citizenship and Immigration
territories: Services, Attn: TPS El
Salvador, P.O. Box 660864,
Dallas, TX 75266.
Alabama, Alaska, American Samoa, Non-U.S. Postal Delivery
Arkansas, Colorado, Guam, Hawaii, Service: U.S. Citizenship and
Idaho, Iowa, Kansas, Louisiana, Immigration Services, Attn:
Minnesota, Mississippi, Missouri, TPS El Salvador, 2501 S. State
Montana, Nebraska, New Mexico, New Highway, 121 Business Suite
York, North Dakota, Northern Mariana 400, Lewisville, TX 75067.
Islands, Oklahoma, Puerto Rico, South
Dakota, Tennessee, Texas, Utah, Virgin
Islands, Wisconsin, Wyoming.
Are applying for re-registration and U.S. Postal Service: U.S.
you live in the following states:. Citizenship and Immigration
Services, Attn: TPS El
Salvador, P.O. Box 21800,
Phoenix, AZ 85036.
Arizona, California, Nevada, Oregon, Non-U.S. Postal Delivery
Washington. Service: U.S. Citizenship and
Immigration Services, Attn:
TPS El Salvador, 1820 E.
Skyharbor Circle S, Suite 100,
Phoenix, AZ 85034.
Are applying for the first time as a U.S. Postal Service: U.S.
late initial registration (this is for Citizenship and Immigration
all states/territories). Services, Attn: TPS El
Salvador, P.O. Box 8635,
Chicago, IL 60680-8635, Non-US
Postal Delivery Service: U.S.
Citizenship and Immigration
Services, Attn: TPS El
Salvador, 131 S. Dearborn--3rd
Floor, Chicago, IL 60603-5517.
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If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA), and you wish to request an EAD, or are
re-registering for the first time following a grant of TPS by an IJ or
the BIA, please mail your application to the appropriate address in
Table 1. Upon receiving a Notice of Action (Form I-797) from USCIS,
please send an email to the appropriate USCIS Service Center handling
your application providing the receipt number and stating that you
submitted a re-registration and/or request for an EAD based on an IJ/
BIA grant of TPS. Upon receiving a Notice of Action (Form I-797) from
USCIS, please send an email to [email protected] with the
receipt number and state that you submitted a re-registration and/or
request for an EAD based on an IJ/BIA grant of TPS. You can find
detailed information on what further information you need to email and
the email addresses on the USCIS TPS Web page at http://www.uscis.gov/tps.
E-Filing
If you are re-registering for TPS during the re-registration period
and you do not need to submit any supporting documents or evidence, you
are eligible to file your applications electronically. For more
information on e-filing, please visit http://www.uscis.gov/e-filing.
Employment Authorization Document (EAD)
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.
Am I eligible to receive an automatic 6-month extension of my current
EAD through September 9, 2015?
Provided that you currently have TPS under the designation of El
Salvador, this Notice automatically extends your EAD by 6 months if
you:
Are a national of El Salvador (or an alien having no
nationality who last habitually resided in El Salvador);
Received an EAD under the last extension of TPS for El
Salvador; and
Have an EAD with a marked expiration date of March 9,
2015, bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.''
Although this Notice automatically extends your EAD through
September 9, 2015, you must re-register timely for TPS in accordance
with the procedures described in this Notice if you would like to
maintain your TPS.
When hired, what documentation may I show to my employer as proof of
employment authorization and identity when completing Employment
Eligibility Verification (Form I-9)?
You can find a list of acceptable document choices on the ``Lists
of Acceptable Documents'' for Employment Eligibility Verification (Form
I-9). You can find additional detailed information on the USCIS I-9
Central Web page at http://www.uscis.gov/I-9Central. Employers are
required to verify the identity and employment authorization of all new
[[Page 897]]
employees by using Employment Eligibility Verification (Form I-9).
Within 3 days of hire, an employee must present proof of identity and
employment authorization to his or her employer.
You may present any document from List A (reflecting both your
identity and employment authorization) or one document from List B
(reflecting identity) together with one document from List C
(reflecting employment authorization). You may present an acceptable
receipt for List A, List B, or List C documents as described in the
Form I-9 Instructions. An EAD is an acceptable document under ``List
A.'' Employers may not reject a document based on a future expiration
date.
If your EAD has an expiration date of March 9, 2015, and states
``A-12'' or ``C-19'' under ``Category,'' it has been extended
automatically for 6 months by virtue of this Federal Register Notice,
and you may choose to present your EAD to your employer as proof of
identity and employment authorization for Employment Eligibility
Verification (Form I-9) through September 9, 2015, (see the subsection
titled ``How do my employer and I complete the Employment Eligibility
Verification (Form I-9) using an automatically extended EAD for a new
job?'' for further information). To minimize confusion over this
extension at the time of hire, you may also show your employer a copy
of this Federal Register Notice confirming the automatic extension of
employment authorization through September 9, 2015. As an alternative
to presenting your automatically extended EAD, you may choose to
present any other acceptable document from List A, or a combination of
one selection from List B and one selection from List C.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?
Even though EADs with an expiration date of March 9, 2015, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended for 6 months by this Federal Register Notice, your employer
will need to ask you about your continued employment authorization once
March 9, 2015 is reached to meet its responsibilities for Employment
Eligibility Verification (Form I-9). However, your employer does not
need a new document to reverify your employment authorization until
September 9, 2015, the expiration date of the automatic extension.
Instead, you and your employer must make corrections to the employment
authorization expiration dates in Section 1 and Section 2 of Employment
Eligibility Verification (Form I-9) (see the subsection titled ``What
corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?'' for further information). In addition, you may also show
this Federal Register Notice to your employer to explain what to do for
Employment Eligibility Verification (Form I-9).
By September 9, 2015, the expiration date of the automatic
extension, your employer must reverify your employment authorization.
At that time, you must present any document from List A or any document
from List C on Employment Eligibility Verification (Form I-9) to
reverify employment authorization, or an acceptable List A or List C
receipt described in the Form I-9 Instructions. Your employer should
complete either Section 3 of the Employment Eligibility Verification
(Form I-9) originally completed for the employee or, if this Section
has already been completed or if the version of Employment Eligibility
Verification (Form I-9) has expired (check the date in the upper right-
hand corner of the form), complete Section 3 of a new Employment
Eligibility Verification (Form I-9) using the most current version.
Note that your employer may not specify which List A or List C document
employees must present, and cannot reject an acceptable receipt.
Can my employer require that I produce any other documentation to prove
my status, such as proof of my Salvadoran citizenship?
No. When completing Employment Eligibility Verification (Form I-9),
including re-verifying employment authorization, employers must accept
any documentation that appears on the ``Lists of Acceptable Documents''
for Employment Eligibility Verification (Form I-9) that reasonably
appears to be genuine and that relates to you or an acceptable List A,
List B, or List C receipt. Employers may not request documentation that
does not appear on the ``Lists of Acceptable Documents.'' Therefore,
employers may not request proof of Salvadoran citizenship when
completing Employment Eligibility Verification (Form I-9) for new hires
or reverifying the employment authorization of current employees. If
presented with EADs that have been automatically extended, employers
should accept such EADs as valid List A documents so long as the EADs
reasonably appear to be genuine and to relate to the employee. Refer to
the Note to Employees section of this Notice for important information
about your rights if your employer rejects lawful documentation,
requires additional documentation, or otherwise discriminates against
you based on your citizenship or immigration status, or your national
origin.
What happens after September 9, 2015, for purposes of employment
authorization?
After September 9, 2015, employers may no longer accept the EADs
that this Federal Register Notice automatically extended. Before that
time, however, USCIS will endeavor to issue new EADs to eligible TPS
re-registrants who request them. These new EADs will have an expiration
date of September 9, 2016, and can be presented to your employer for
completion of Employment Eligibility Verification (Form I-9).
Alternatively, you may choose to present any other legally acceptable
document or combination of documents listed on the Employment
Eligibility Verification (Form I-9).
How do my employer and I complete Employment Eligibility Verification
(Form I-9) using an automatically extended EAD for a new job?
When using an automatically extended EAD to complete Employment
Eligibility Verification (Form I-9) for a new job prior to September 9,
2015, you and your employer should do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work;''
b. Write your alien number (USCIS number or A-number) in the first
space (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); and
c. Write the automatically extended EAD expiration date (September
9, 2015) in the second space.
2. For Section 2, employers should record the:
a. Document title;
b. Document number; and
c. Automatically extended EAD expiration date (September 9, 2015).
By September 9, 2015, employers must reverify the employee's
employment authorization in Section 3 of the Employment Eligibility
Verification (Form I-9).
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?
If you are an existing employee who presented a TPS-related EAD
that was
[[Page 898]]
valid when you first started your job, but that EAD has now been
automatically extended, you and your employer should correct your
previously completed Employment Eligibility Verification (Form I-9) as
follows:
1. For Section 1, you should:
a. Draw a line through the expiration date in the second space;
b. Write ``September 9, 2015'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 1; and
d. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Draw a line through the expiration date written in Section 2;
b. Write ``September 9, 2015'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
By September 9, 2015, when the automatic extension of EADs expires,
employers must reverify the employee's employment authorization in
Section 3.
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 are an employer who participates in E-Verify and you have an
employee who is a TPS beneficiary who provided a TPS-related EAD when
he or she first started working for you, you will receive a ``Work
Authorization Documents Expiring'' case alert when this EAD is about to
expire. Usually, this message is an alert to complete Section 3 of the
Employment Eligibility Verification (Form I-9) to reverify an
employee's employment authorization. For existing employees with TPS-
related EADs that have been automatically extended, employers should
dismiss this alert by clicking the red ``X'' in the ``dismiss alert''
column and follow the instructions above explaining how to correct the
Employment Eligibility Verification (Form I-9). By September 9, 2015,
employment authorization must be reverified in Section 3. Employers
should never 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 Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those rules setting forth reverification
requirements. For general questions about the employment eligibility
verification process, employers may call USCIS at 888-464-4218 (TTY
877-875-6028) or email USCIS at [email protected]. Calls and emails
are accepted in English and many other languages. For questions about
avoiding discrimination during the employment eligibility verification
process, employers may also call the U.S. Department of Justice, Office
of Special Counsel for Immigration-Related Unfair Employment Practices
(OSC) Employer Hotline at 800-255-8155 (TTY 800-237-2515), which offers
language interpretation in numerous languages, or email OSC at
[email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email at [email protected]. Calls are accepted in English and many
other languages. Employees or applicants may also call the U.S.
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Worker Information Hotline at
800-255-7688 (TTY 800-237-2515) for information regarding employment
discrimination based upon citizenship status, immigration status, or
national origin, or for information regarding discrimination related to
Employment Eligibility Verification (Form I-9) and E-Verify. The OSC
Worker Information Hotline provides language interpretation in numerous
languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt described
in the Employment Eligibility Verification (Form I-9) Instructions.
Employers may not require extra or additional documentation beyond what
is required for Employment Eligibility Verification (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 Employment Eligibility
Verification (Form I-9) differs from federal or state government
records.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay or take any adverse action against an employee based on the
employee's decision to contest a TNC or because the case is still
pending with E-Verify. A 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). An employee
that believes he or she was discriminated against by an employer in the
E-Verify process based on citizenship or immigration status, or based
on national origin, may contact OSC's Worker Information Hotline at
800-255-7688 (TTY 800-237-2515). Additional information about proper
nondiscriminatory Employment Eligibility Verification (Form I-9) and E-
Verify procedures is available on the OSC Web site at http://www.justice.gov/crt/about/osc/ and the USCIS Web site at http://www.dhs.gov/E-verify.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
While Federal Government agencies must follow the guidelines laid
out by the Federal Government, State and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each State may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, State, or local government benefit, you may need to provide
the government agency with documents that show you are a TPS
beneficiary and/or show you are authorized to work based on TPS.
Examples are:
(1) Your unexpired EAD that has been automatically extended, or
your EAD that has not expired;
(2) A copy of this Federal Register Notice if your EAD is
automatically extended under this Notice;
(3) A copy of your Application for Temporary Protected Status
Notice of Action (Form I-797) for this re-registration;
(4) A copy of your past or current Application for Temporary
Protected Status Notice of Action (Form I-797), if you received one
from USCIS; and/or
(5) If there is an automatic extension of work authorization, a
copy of the fact sheet from the USCIS TPS Web site that provides
information on the automatic extension.
[[Page 899]]
Check with the government agency regarding which document(s) the
agency will accept. You may also provide the agency with a copy of this
Federal Register Notice.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (SAVE) to verify the current
immigration status of applicants for public benefits. If such an agency
has denied your application based solely or in part on a SAVE response,
the agency must offer you the opportunity to appeal the decision in
accordance with the agency's procedures. If the agency has received and
acted upon or will act upon a SAVE verification and you do not believe
the response is correct, you may make an InfoPass appointment for an
in-person interview at a local USCIS office. Detailed information on
how to make corrections, make an appointment, or submit a written
request to correct records under the Freedom of Information Act can be
found at the SAVE Web site at http://www.uscis.gov/save, then by
choosing ``How to Correct Your Records'' from the menu on the right.
[FR Doc. 2015-00031 Filed 1-6-15; 8:45 am]
BILLING CODE 9111-97-P