[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32418-32424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12793]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2533-13; DHS Docket No. USCIS-2007-0028]
RIN 1615-ZB20
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 September 10, 2013 through March 9, 2015.
The extension allows currently eligible TPS beneficiaries to retain
TPS through March 9, 2015 so long as they otherwise continue to meet
the terms and conditions of TPS status. 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 May
30, 2013 through July 29, 2013. USCIS will issue new EADs with a March
9, 2015 expiration date to eligible Salvadoran 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 September 9, 2013. Accordingly, through
this Notice, DHS automatically extends the validity of EADs issued
under the TPS designation of El Salvador for 6 months, from September
9, 2013 through March 9, 2014, 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 September 10, 2013, and will remain in effect through March
9, 2015. The 60-day re-registration period runs from May 30, 2013
through July 29, 2013.
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 updates.
Applicants seeking information about the status of their
individual cases can check Case Status Online, available
[[Page 32419]]
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
EU--European Union
Government--U.S. Government
IDB--Inter-American Development Bank
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
TPS--Temporary Protected Status
UN--United Nations
USAID--U.S. Agency for International Development
USCIS--U.S. Citizenship and Immigration Services
USD--U.S. dollars
WHO--World Health Organization
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 and may obtain work
authorization, so long as they continue to meet the requirements of TPS
status.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not lead to permanent resident
status.
When the Secretary terminates a country's TPS designation,
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 66 FR 14214, Mar. 9, 2001; section
244(b)(1)(B) of the INA, 8 U.S.C. 1254a(b)(1)(B). The last extension of
TPS for El Salvador was announced on January 11, 2012, based on the
Secretary's determination that the conditions warranting the
designation continued to be met. See 77 FR 1710, Jan. 11, 2012
(correction 77 FR 2990, Jan. 20, 2012). This announcement is the ninth
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 Government agencies, to
designate a foreign state (or part thereof) for TPS.\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 section 244(a)(1)(A) of the INA, 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 (HSA), 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 the Department of Homeland Security ``shall
be deemed to refer to the Secretary'' of Homeland Security. See 6
U.S.C. 557 (codifying HSA, tit. XV, sec. 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 section 244(b)(3)(A) of
the INA, 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 is extended for an additional 6 months (or in the
Secretary's discretion for 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 section 244(b)(3)(B)
of the INA, 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for El Salvador for
TPS through March 9, 2015?
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 many of the adverse country
conditions in El Salvador resulting from the environmental disaster
that prompted the March 9, 2001 designation persist. As a result, the
substantial, but temporary disruption of living conditions in the
affected areas continue, and El Salvador remains temporarily unable to
handle adequately the return of its nationals, hundreds of thousands of
whom hold TPS but no other valid immigration status in the United
States. See section 244(b)(1)(B) of the INA.
Three severe earthquakes in January and February 2001 in El
Salvador resulted in the loss of over 1,000 lives, approximately 8,000
people injured, displacement of thousands more, extensive destruction
of physical infrastructure, and severe damage to the country's economic
system. See 66 FR 14214 (Mar. 9, 2001) (describing the devastation
caused by the 2001 earthquakes). El Salvador's recovery is still
incomplete, and significant damage remains to the country's
infrastructure and public services in the affected areas.
Based on estimates reported by the U.S. Agency for International
Development (USAID), the earthquakes affected approximately 1.5 million
people, and El Salvador suffered catastrophic damage and losses.
Economic losses (which include housing, infrastructure, and
agriculture) were reported to be as high as $2.8 billion USD, almost 15
percent of El Salvador's gross domestic product at the time. In
response to the devastation, the USAID, the Inter-American Development
Bank (IDB), the World Bank, and the European Union (EU) initiated
reconstruction throughout the country. Despite these programs, recovery
in the affected areas of El Salvador has been slow and disrupted by
subsequent natural disasters, including a recent 7.4 magnitude
earthquake in 2012 and Tropical Depression 12E in October 2011. The
Tropical Depression flooded approximately 10 percent of the country,
caused $840 million USD in damage, displaced approximately 55,000
people, and led to a declaration of state of emergency throughout El
Salvador. These most recent environmental disasters have compounded the
already substantial disruption to living conditions resulting from the
2001 earthquakes.
According to the government of El Salvador, the 2001 earthquakes
damaged or destroyed over 276,000
[[Page 32420]]
housing units. Although the EU, Habitat for Humanity, and Cooperative
Housing Foundation International have completed reconstruction and
repair efforts, the Salvadoran government has previously estimated that
only half of the homes that were destroyed have been rebuilt.
Rebuilding efforts in the affected areas have also been hindered by
Tropical Depression 12E.
According to the Ministry of Education of El Salvador, as of July
2004, over 2,300 schools destroyed in 2001 were rebuilt, but the
remaining 270 schools damaged by the earthquakes required $21.7 million
USD in financing to complete construction. The USAID Reconstruction
Office also reported that the reconstruction of schools has been
delayed at times due to the unavailability of funding.
The 2001 earthquakes also severely damaged approximately 55 percent
of the country's capacity to deliver health services. Although it has
been over 10 years since the 2001 earthquakes and most medical services
were restored by 2011, the current infrastructure and conditions in El
Salvador severely complicate the country's ability to absorb the return
of its nationals from the United States, approximately 212,000 of whom
are TPS beneficiaries. Rebuilding efforts in the affected areas have
been further complicated by more recent natural disasters, including
Tropical Depression 12E that damaged 19 hospitals and 238 health
facilities-more than two times the number reported damaged in 2001.
The National Water Institution estimated that in the aftermath of
the 2001 earthquakes, 40 to 50 percent of the Salvadoran population
lacked access to potable water due to damage to the water and
electrical systems. There are no accurate statistics on how many water
and sanitation systems have been repaired since, but some studies show
that the water treatment in urban areas has improved with four-fifths
of the population gaining access to clean water. However, reports also
convey that rural areas still need major improvements. According to the
WHO and UN Children's Fund Joint Monitoring Program for Water Supply
and Sanitation, in 2010 6 percent of urban dwellers and 24 percent of
rural dwellers lacked access to water sources and the majority of
households lacked continuous access to water. In terms of sewerage, 38
percent of urban dwellers and 98 percent of rural dwellers lack
adequate sewage treatment. Living conditions remain disrupted in the
areas affected by the devastation caused by the 2001 earthquakes. Those
areas continue to face serious economic and infrastructure challenges
and public health concerns stemming from the 2001 earthquakes.
The IDB approved a $44 million USD, 5-year, rural water and
sanitation improvement program (which began in 2010 and is set to be
completed in 2014). This program aims to improve living conditions
through better water and sanitation services by building 85 water
systems benefiting 6,000 households, and to increase water coverage to
80 percent in El Salvador's 100 poorest towns.
The 2001 earthquakes damaged some of El Salvador's main highways
and made smaller roads impassable. Although the roads damaged in the
earthquakes were repaired, they are still vulnerable to damage from
natural disasters. Following the devastation experienced from the 2001
earthquakes, more recent environmental disasters have caused
substantial setbacks to road and infrastructure recovery and
development. El Salvador's location on the so-called Ring of Fire (an
arc of fault lines circling the Pacific Basin), makes it vulnerable to
earthquakes, volcanic eruptions, and flooding. A series of natural
disasters have plagued El Salvador since 2001 that have compounded the
initial devastation resulting from the 2001 earthquakes. Accordingly,
many of the adverse conditions caused by the 2001 earthquakes continue
to exist in the affected areas.
Although over a decade has passed, affected areas of El Salvador
are still rebuilding from the devastating 2001 earthquakes.
Reconstruction efforts have been further complicated by sluggish
economic growth and by more recent natural disasters. This series of
more recent natural disasters have compounded the initial devastation
caused by the 2001 earthquakes, and El Salvador has endured severe,
continuing, and sustained damage to its infrastructure. The UN
Development Programme has classified El Salvador as among the most
vulnerable countries in the world.
Based on 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 sections 244(b)(3)(A)
and (C) of the INA, 8 U.S.C. 1254a(b)(3)(A) and (C).
There continues to be a substantial, but temporary,
disruption in living conditions in affected areas of El Salvador as a
result of an environmental disaster. See section 244(b)(1)(B) of the
Act, 8 U.S.C. 1254a(b)(1)(B).
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 section 244(b)(1)(B)
of the Act, 8 U.S.C. 1254a(b)(1)(B).
The designation of El Salvador for TPS should be extended
for an additional 18-month period from September 10, 2013 through March
9, 2015. See section 244(b)(3)(C) of the INA, 8 U.S.C. 1254a(b)(3)(C).
There are approximately 212,000 current El Salvador TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.
Notice of Extension of the TPS Designation of El Salvador
By the authority vested in me as Secretary under section 244 of the
INA, 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 on March 9, 2001, continue to be
met. See section 244(b)(3)(A) of the INA, 8 U.S.C. 1254a(b)(3)(A). On
the basis of this determination, I am extending the existing TPS
designation of El Salvador for 18 months from September 10, 2013
through March 9, 2015.
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees to Register or Re-
register for TPS
To register or re-register for TPS for 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-
[[Page 32421]]
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.
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 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.
Refiling 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-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 section
244(c)(3)(C) of the INA; 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.
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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Applying for re-registration and live U.S. Postal Service:
in the following states: U.S. Citizenship and
Connecticut, Delaware, Florida, Immigration Services, Attn:
Georgia, Illinois, Indiana, Kentucky, TPS El Salvador, P.O. Box
Maine, Maryland, Massachusetts, 8635, Chicago, IL 60680-8635.
Michigan, New Hampshire, New Jersey, Non-U.S. Postal Delivery
North Carolina, Ohio, Pennsylvania, Service:
Rhode Island, South Carolina, Vermont, U.S. Citizenship and
Virginia, Washington, DC, West Immigration Services, Attn:
Virginia. TPS El Salvador, 131 S.
Dearborn--3rd Floor Chicago,
IL 60603-5517.
Applying for re-registration and live U.S. Postal Service:
in the following states/territories: U.S. Citizenship and
Alabama, Alaska, American Samoa, Immigration Services, Attn:
Arkansas, Colorado, Guam, Hawaii, TPS El Salvador, P.O. Box
Idaho, Iowa, Kansas, Louisiana; 660864, Dallas, TX 75266.
Minnesota, Mississippi, Missouri, Non-U.S. Postal Delivery
Montana, Nebraska, New Mexico, New Service:
York, North Dakota, Northern Mariana U.S. Citizenship and
Islands, Oklahoma, Puerto Rico, South Immigration Services, Attn:
Dakota, Tennessee, Texas, Utah, Virgin TPS El Salvador, 2501 S. State
Islands, Wisconsin, Wyoming. Highway, 121 Business Suite
400, Lewisville, TX 75067.
Applying for re-registration and live U.S. Postal Service:
in the following states: U.S. Citizenship and
Arizona, California, Nevada, Oregon, Immigration Services, Attn:
Washington. TPS El Salvador, P.O. Box
21800, Phoenix, AZ 85036.
Non-U.S. Postal Delivery
Service:
U.S. Citizenship and
Immigration Services, Attn:
TPS El Salvador, 1820 E.
Skyharbor Circle S, Suite 100,
Phoenix, AZ 85034.
Applying for the first time as a late U.S. Postal Service:
initial registration (all states/ U.S. Citizenship and
territories). Immigration Services, Attn:
TPS El Salvador, P.O. Box
8635, Chicago, IL 60680-8635.
Non-U.S. 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 the IJ or
BIA, please mail your application to the appropriate address in Table 1
above. Upon receiving a Receipt Notice from USCIS, please send an email
to TPSijgrant.vsc@uscis.dhs.gov 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
[[Page 32422]]
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 the USCIS E-Filing Reference
Guide at the USCIS Web site at http://www.uscis.gov.
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 from September 9, 2013 through March 9, 2014?
Provided that you currently have TPS under the El Salvador
designation, 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 or re-designation
of TPS for El Salvador; and
Have an EAD with a marked expiration date of September 9,
2013, bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.''
Although your EAD is automatically extended through March 9, 2014
by this notice, 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
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). An EAD is an acceptable document
under ``List A.'' Employers may not reject a document based upon a
future expiration date.
If your EAD has an expiration date of September 9, 2013, 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 March 9, 2014 (see the subsection below
titled ``How do I and my employer complete the Employment Eligibility
Verification (Form I-9) (i.e., verification) 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 March 9, 2014.
As an alternative to presenting your automatically extended EAD, you
may choose to present any other acceptable document from List A, or
List B plus 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 September 9, 2013, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended for 6 months by virtue of this Federal Register notice, your
employer will need to ask you about your continued employment
authorization once September 9, 2013 is reached in order 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 March 9, 2014, 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 the Employment Eligibility Verification (Form I-9)
(see the subsection below titled ``What corrections should I and my
current employer make to the 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 avoid confusion about what to do for the
Form I-9.
By March 9, 2014, the expiration date of the automatic extension,
your employer must reverify your employment authorization. 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. Your employer is required to reverify on Employment
Eligibility Verification (Form I-9) the employment authorization of
current employees no later than the expiration of a TPS-related EAD.
Your employer should use either Section 3 of the Form I-9 originally
completed for the employee or, if this section has already been
completed or if the version of Form I-9 is no longer valid, complete
Section 3 of a new 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.
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 reverifying employment authorization, employers must accept
any documentation that appears on the ``Lists of Acceptable Documents''
for Employment Eligibility Verification (Form I-9) and that reasonably
appears to be genuine and that relates to you. 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 are unexpired on their
face or 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. See below 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.
[[Page 32423]]
What happens after March 9, 2014 for purposes of employment
authorization?
After March 9, 2014, employers may no longer accept the EADs that
this Federal Register notice automatically extended. However, before
that time, USCIS will issue new EADs to eligible TPS re-registrants who
request them. These new EADs will have an expiration date of March 9,
2015 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 I and my employer complete the Employment Eligibility
Verification (Form I-9) (i.e., verification) using an automatically
extended EAD for a new job?
When using an automatically extended EAD to fill out the Employment
Eligibility Verification (Form I-9) for a new job prior to March 9,
2014, 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 automatic extension date (March 9, 2014) 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 (March 9, 2014).
No later than March 9, 2014, 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 the
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 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 ``March 9, 2014'' 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 ``March 9, 2014'' 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 March 9, 2014, 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, you will
receive a ``Work Authorization Documents Expiring'' case alert when a
TPS beneficiary's 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 March 9, 2014, 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 the USCIS Form I-9 Customer
Support at 888-464-4218 (TDD for the hearing impaired is at 877-875-
6028). 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 (TDD for the hearing impaired is at 800-237-2515),
which offers language interpretation in numerous languages.
Note to All Employees
For general questions about the employment eligibility verification
process, employees may call the USCIS National Customer Service Center
at 800-375-5283 (TDD for the hearing impaired is at 800-767-1833);
calls are accepted in English and Spanish. Employees or applicants may
also call the OSC Worker Information Hotline at 800-255-7688 (TDD for
the hearing impaired is at 800-237-2515) for information regarding
employment discrimination based upon citizenship, 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 acceptable for Employment Eligibility
Verification (Form I-9) completion if the documentation reasonably
appears to be genuine and to relate to the employee. 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 initial
mismatch (``tentative nonconfirmation'' or ``TNC'') on employees must
promptly inform employees of the mismatch and give such employees an
opportunity to challenge the mismatch. Employers are prohibited from
taking adverse action against such employees based on the initial
mismatch unless and until E-Verify returns a final nonconfirmation. For
example, employers must allow employees challenging their mismatches to
continue to work without any delay in start date or training and
without any change in hours or pay, while the final E-Verify
determination remains pending. Additional information about proper
nondiscriminatory 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.
[[Page 32424]]
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 expired 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
Receipt Notice (Form I-797) for this re-registration;
(4) A copy of your past or current Application for Temporary
Protected Status Approval Notice (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.
Check with the government agency regarding which document(s) the
agency will accept. You may also provide the agency with a copy of this
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 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. 2013-12793 Filed 5-29-13; 8:45 am]
BILLING CODE 9111-97-P
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