[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Notices]
[Pages 23705-23710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10868]



[[Page 23705]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2622-18; DHS Docket No. USCIS-2015-0003]
RIN 1615-ZB74


Termination of the Designation of Nepal for Temporary Protected 
Status

AGENCY: U.S. Citizenship and Immigration Services, U.S. Department of 
Homeland Security.

ACTION: Notice.

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SUMMARY: The designation of Nepal for Temporary Protected Status (TPS) 
is set to expire on June 24, 2018. After reviewing country conditions 
and consulting with appropriate U.S. Government agencies, the Secretary 
of Homeland Security has determined that conditions in Nepal no longer 
support its designation for TPS and that termination of the TPS 
designation of Nepal is required pursuant to statute. To provide time 
for an orderly transition, the Secretary is terminating the designation 
effective on June 24, 2019, which is 12 months following the end of the 
current designation.
    Nationals of Nepal (and aliens having no nationality who last 
habitually resided in Nepal) who have been granted TPS and wish to 
maintain their TPS and receive TPS-based Employment Authorization 
Documents (EAD) valid through June 24, 2019, must re-register for TPS 
in accordance with the procedures set forth in this Notice. After June 
24, 2019, nationals of Nepal (and aliens having no nationality who last 
habitually resided in Nepal) who have been granted TPS under the Nepal 
designation will no longer have TPS.

DATES: The designation of Nepal for TPS is terminated effective at 
11:59 p.m., local time, on June 24, 2019.
    The 60-day re-registration period runs from May 22, 2018 through 
July 23, 2018. (Note: It is important for re-registrants to timely re-
register during this 60-day period.)

FOR FURTHER INFORMATION CONTACT: 
     You may contact Samantha Deshommes, Branch Chief, 
Regulatory Coordination Division, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, U.S. Department of Homeland 
Security, 20 Massachusetts Avenue NW, Washington, DC 20529-2060; or by 
phone at 800-375-5283.
     For further information on TPS, including guidance on the 
re-registration 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 termination of Nepal's TPS by 
selecting ``Nepal'' from the menu on the left side of the TPS web page.
     If you have additional questions about Temporary Protected 
Status, please visit uscis.gov/tools. Our online virtual assistant, 
Emma, can answer many of your questions and point you to additional 
information on our website. If you are unable to find your answers 
there, you may also call our USCIS Contact Center at 800-375-5283.
     Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at http://www.uscis.gov, or call the USCIS Contact 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
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
FR--Federal Register
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and 
Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

    Through this Notice, DHS sets forth procedures necessary for 
eligible nationals of Nepal (or aliens having no nationality who last 
habitually resided in Nepal) to re-register for TPS and to apply for 
renewal of their EADs with USCIS. Re-registration is limited to persons 
who have previously registered for TPS under the designation of Nepal 
and whose applications have been granted.
    For individuals who have already been granted TPS under Nepal's 
designation, the 60-day re-registration period runs from May 22, 2018 
through July 23, 2018. USCIS will issue new EADs with a June 24, 2019 
expiration date to eligible Nepali TPS beneficiaries who timely re-
register and apply for EADs. 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 June 24, 2018. Accordingly, through this Federal Register 
notice, DHS automatically extends the validity of EADs issued under the 
TPS designation of Nepal for 180 days, through December 21, 2018. This 
Notice explains how TPS beneficiaries and their employers may determine 
which EADs are automatically extended and how this affects the Form I-
9, Employment Eligibility Verification, and E-Verify processes.

What is Temporary Protected Status (TPS)?

     TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the INA, or to eligible 
persons without nationality who last habitually resided in the 
designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to obtain EADs, so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion.
     The granting of TPS does not result in or lead to lawful 
permanent resident status.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C. 
1254a(c)(1)-(2).
     When the Secretary terminates a country's TPS designation, 
beneficiaries return to one of the following:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
been terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, as long as it is still valid 
beyond the date TPS terminates.

When was Nepal designated for TPS?

    On June 24, 2015, former Secretary of Homeland Security Jeh Johnson 
designated Nepal for TPS based environmental disaster grounds as a 
result of the magnitude 7.8 earthquake that occurred on April 25, 2015. 
See Designation of Nepal for Temporary Protected Status, 80 FR. 36346 
(June 24, 2015). On October 26, 2016, former Secretary Johnson 
announced an 18-month extension of Nepal's TPS

[[Page 23706]]

designation, effective December 25, 2016 through June 24, 2018. See 
Extension of the Designation of Nepal for Temporary Protected Status, 
81 FR 74470 (October 26, 2016).

What authority does the Secretary have to terminate the designation of 
Nepal 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 determines that certain country conditions exist.\1\ The 
Secretary may then grant TPS to eligible nationals of that foreign 
state (or eligible aliens having no nationality who last habitually 
resided in the designated country). 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 U.S. Department 
of Justice to the U.S. Department of Homeland Security (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 the 
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 
the foreign state continues to meet the conditions for TPS designation, 
the designation must be extended for an additional period of 6 months 
and, in the Secretary's discretion, may be extended for 12 or 18 
months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If the 
Secretary determines that the foreign state no longer continues to meet 
the conditions for TPS designation, the Secretary must terminate the 
designation, but such termination may not take effect earlier than 60 
days after the date the Federal Register notice of termination is 
published, or, if later, the expiration of the most recent previous 
extension of the country's TPS designation. See INA section 
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). The Secretary may determine the 
appropriate effective date of the termination and the expiration of any 
TPS-related documentation, such as EADs, for the purpose of providing 
for an orderly transition. See id.; INA section 244(d)(3), 8 U.S.C. 
1254a(d)(3).

Why is the Secretary terminating the TPS designation for Nepal as of 
June 24, 2019?

    DHS has reviewed conditions in Nepal. Based on the review--which 
considered input received from other appropriate U.S. Government 
agencies, including the Department of State--the Secretary of Homeland 
Security has determined that the conditions supporting Nepal's 2015 
designation for TPS on the basis of environmental disaster due to the 
April 25, 2015 earthquake are no longer met. Nepal has made 
considerable progress in post-earthquake recovery and reconstruction, 
and conditions in Nepal have significantly improved since the country's 
last TPS extension in 2016. The substantial disruption to living 
conditions has subsided for many of the Nepalis impacted by the 
earthquake. The number of citizens with access to clean water and 
sanitation has significantly increased, and reconstruction of thousands 
of homes has been completed or is underway. Schools and hospitals are 
functioning, and roads are being rebuilt. Additionally, government 
ministries and agencies are functioning at pre-earthquake levels, and 
Nepal is no longer temporarily unable to handle adequately the return 
of its nationals.
    Nepal has received a significant amount of international aid to 
assist in earthquake recovery efforts, which enabled the completion of 
many reconstruction projects and will support ongoing reconstruction 
for years to come. Nepal has made good progress in housing 
reconstruction, with slightly more than one in seven homes destroyed 
having been fully rebuilt and more than half of homes under 
construction. For the most part, schools and health facilities have 
resumed operating at levels consistent with the state of public 
services in other areas of Nepal. Nationwide, only 11 percent of 
schools and less than 9 percent of health facilities remain impacted by 
earthquake damage. Access to clean water has generally returned to pre-
earthquake levels, and there has been a gradual improvement in food 
security in areas most affected by the earthquake. In areas still 
waiting for community water systems to be rebuilt, communities have 
access to clean water from other sources. All national-level and most 
subnational-level infrastructure damaged by the earthquake has been 
retrofitted or rebuilt.
    Thousands of Nepalis return annually to Nepal after working abroad, 
and the Government has been able to accommodate the return of these 
citizens. In addition to receiving its returning nationals, Nepal is 
welcoming tourists, who are visiting Nepal at higher rates than before 
the earthquake. DHS estimates that there are approximately 14,800 
nationals of Nepal (and aliens having no nationality who last 
habitually resided in Nepal) who hold TPS under Nepal's designation.

Notice of Termination of the TPS Designation of Nepal

    By the authority vested in the Secretary of Homeland Security under 
INA section 244(b)(3), 8 U.S.C. 1254a(b)(3), I have determined, after 
consultation with appropriate U.S. Government agencies, that the 
conditions for the designation of Nepal for TPS under 244(b)(1)(B) of 
the INA, 8 U.S.C. 1254a(b)(1)(B), are no longer met. Accordingly, I 
order as follows:
    (1) Pursuant to INA section 244(b)(3)(B) and in accordance with INA 
section 244(d)(3), in order to provide for an orderly transition, the 
designation of Nepal for TPS is terminated effective at 11:59 p.m., 
local time, on June 24, 2019, which is 12 months following the end of 
the current designation.
    (2) Information concerning the termination of TPS for nationals of 
Nepal (and aliens having no nationality who last habitually resided in 
Nepal) will be available at local USCIS offices upon publication of 
this Notice and through the USCIS Contact Center at 1-800-375-5283. 
This information will be published on the USCIS website at 
www.uscis.gov.

Kirstjen M. Nielsen,
Secretary.

Required Application Forms and Application Fees To Re-Register for TPS

    To re-register for TPS based on the designation of Nepal, you must 
submit an Application for Temporary Protected Status (Form I-821). You 
do not need to pay the filing fee for the Form I-821. See 8 CFR 244.17. 
You may be required to pay the biometric services fee. Please see 
additional information under the ``Biometric Services Fee'' section of 
this Notice.
    Through operation of this Federal Register notice, your existing 
EAD issued under the TPS designation of Nepal with the expiration date 
of June 24, 2018, is automatically extended for 180 days, through 
December 21, 2018. You do not need to apply for a new EAD in order to 
benefit from this 180-day automatic extension. However, if you want to 
obtain a new EAD valid through June 24, 2019, you must file an 
Application for Employment

[[Page 23707]]

Authorization (Form I-765) and pay the Form I-765 fee (or request a fee 
waiver). Note, if you do not want a new EAD, you do not have to file 
Form I-765 or pay the Form I-765 fee. If you do not want to request a 
new EAD now, you may also file Form I-765 at a later date and pay the 
fee (or request a fee waiver), provided that you still have TPS or a 
pending TPS application. But unless you timely re-register and properly 
file an EAD application in accordance with this Notice, the validity of 
your current EAD will end on December 21, 2018. You may file the 
application for a new EAD either prior to or after your current EAD has 
expired. However, you are strongly encouraged to file your application 
for a new EAD as early as possible to avoid gaps in the validity of 
your employment authorization documentation and to ensure that you 
receive your new EAD by December 21, 2018.
    If you are seeking an EAD with your re-registration for TPS, please 
submit both the Form I-821 and Form I-765 together. If you are unable 
to pay the application fee and/or biometric services fee, you may 
complete a Request for Fee Waiver (Form I-912) or submit a personal 
letter requesting a fee waiver with 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 Form I-821, the Form I-765, and biometric services 
are also described in 8 CFR 103.7(b)(1)(i).

    Note: If you have a Form I-821 and/or Form I-765 that was still 
pending as of May 22, 2018, then you do not need to file either 
application again. If your pending TPS application is approved, you 
will be granted TPS through June 24, 2019. Similarly, if you have a 
pending TPS-related application for an EAD that is approved, it will 
be valid through the same date.

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years and 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 complete a Form I-912 or submit a personal letter 
requesting a fee waiver with satisfactory supporting documentation. For 
more information on the biometric services fee, please visit the USCIS 
website at http://www.uscis.gov. If necessary, you may be required to 
visit an Application Support Center to have your biometrics captured. 
For additional information on the USCIS biometrics screening process 
please see the USCIS Customer Profile Management Service Privacy Impact 
Assessment, available at www.dhs.gov/privacy.

Refiling a Re-Registration TPS Application After Receiving a Denial of 
a Fee Waiver Request

    You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any 
EAD promptly. Properly filing early will also allow you to have time to 
refile your application before the deadline, should USCIS deny your fee 
waiver request. If, however, you receive a denial of your fee waiver 
request and are unable to refile by the re-registration deadline, you 
may still refile your Form I-821 with the biometrics fee. This 
situation will be reviewed to determine whether you established good 
cause for late TPS re-registration. However, you are urged to refile 
within 45 days of the date on any USCIS fee waiver denial notice, if 
possible. See INA section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 
244.17(b). For more information on good cause for late re-registration, 
visit the USCIS TPS web page at http://www.uscis.gov/tps. Following 
denial of your fee waiver request, you may also refile your Form I-765 
with fee either with your Form I-821 or at a later time, if you choose.

    Note: Although a re-registering TPS beneficiary age 14 and older 
must pay the biometric services fee (but not the Form I-821 fee) 
when filing a TPS re-registration application, you may decide to 
wait to request an EAD. Therefore, you do not have to file the Form 
I-765 or pay the associated Form I-765 fee (or request a fee waiver) 
at the time of re-registration, and could wait to seek an EAD until 
after USCIS has approved your TPS re-registration application. If 
you choose to do this, to re-register for TPS you would only need to 
file the Form I-821 with the biometrics services fee, if applicable, 
(or request a fee waiver).

Mailing Information

    Mail your application for TPS to the proper address in Table 1.

                       Table 1--Mailing Addresses
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  If you are sending your application by:     Mail your application to:
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U.S. Postal Service.......................  U.S. Citizenship and
                                             Immigration Services,
                                            Attn: TPS Nepal,
                                            P.O. Box 6943,
                                            Chicago, IL 60680-6943.
A non-U.S. Postal Service courier.........  U.S. Citizenship and
                                             Immigration Services,
                                            Attn: TPS Nepal,
                                            131 S. Dearborn--3rd Floor,
                                            Chicago, IL 60603-5517.
------------------------------------------------------------------------

    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 mailing address in 
Table 1. When re-registering and requesting an EAD based on an IJ/BIA 
grant of TPS, please include a copy of the IJ or BIA order granting you 
TPS with your application. This will help us to verify your grant of 
TPS and process your application.

Supporting Documents

    The filing instructions on the Form I-821 list all the documents 
needed to establish eligibility for TPS. You may also find information 
on the acceptable documentation and other requirements for applying or 
registering for TPS on the USCIS website at www.uscis.gov/tps under 
``Nepal.''

Employment Authorization Document (EAD)

How can I obtain information on the status of my EAD request?

    To get case status information about your TPS application, 
including the status of an EAD request, you can check Case Status 
Online at http://www.uscis.gov, or call the USCIS National Contact 
Center at 800-375-5283 (TTY 800-767-1833). If your Form I-765 has been 
pending for more than 90 days, and you still need assistance, you may 
request an EAD inquiry appointment with USCIS by using the InfoPass 
system at https://infopass.uscis.gov. However, we strongly encourage 
you first to check Case Status Online or call the USCIS National 
Contact Center for assistance before making an InfoPass appointment.

Am I eligible to receive an automatic 180-day extension of my current 
EAD through December 21, 2018, using this Federal Register notice?

    Yes. Provided that you currently have a Nepal TPS-based EAD, this 
Federal Register notice automatically extends your EAD by 180 days 
(through December 21, 2018) if you:
     Are a national of Nepal (or an alien having no nationality 
who last habitually resided in Nepal);
     Have an EAD with a marked expiration date of June 24, 
2018, bearing the notation A-12 or C-19 on the face of the card under 
Category.
    Although this Federal Register notice automatically extends your 
EAD through December 21, 2018, you must re-register timely for TPS in 
accordance with the procedures described in this

[[Page 23708]]

Federal Register notice if you would like to maintain your TPS.

When hired, what documentation may I show to my employer as evidence of 
employment authorization and identity when completing Employment 
Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Form I-9. Employers must complete Form I-
9 to verify the identity and employment authorization of all new 
employees. Within three days of hire, employees must present acceptable 
documents to their employers as evidence of identity and employment 
authorization to satisfy Form I-9 requirements.
    You may present any document from List A (which provides evidence 
of both identity and employment authorization), or one document from 
List B (which provides evidence of your identity) together with one 
document from List C (which is evidence of employment authorization), 
or you may present an acceptable receipt for List A, List B, or List C 
documents as described in the Form I-9 Instructions. Employers may not 
reject a document based on a future expiration date. You can find 
additional detailed information about Form I-9 on USCIS' I-9 Central 
web page at http://www.uscis.gov/I-9Central.
    An EAD is an acceptable document under List A. If your EAD has an 
expiration date of June 24, 2018, and states A-12 or C-19 under 
Category, it has been extended automatically for 180 days by virtue of 
this Federal Register notice and you may choose to present this Notice 
along with your EAD to your employer as proof of identity and 
employment eligibility for Form I-9 through December 21, 2018, unless 
your TPS has been withdrawn or your request for TPS has been denied. If 
you properly filed for a new EAD in accordance with this Notice, you 
will also receive Form I-797C, Notice of Action that will state your 
current A-12 or C-19 coded EAD is automatically extended for 180 days. 
You may choose to present your EAD to your employer together with this 
Form I-797C as a List A document that provides evidence of your 
identity and employment authorization for Form I-9 through December 21, 
2018, unless your TPS has been withdrawn or your request for TPS has 
been denied. 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 reduce confusion over this extension at the time of hire, you 
should explain to your employer that your EAD has been automatically 
extended through December 21, 2018. You may also provide your employer 
with a copy of this Federal Register notice, which explains that your 
EAD has been automatically extended. As an alternative to presenting 
evidence of your automatically extended EAD, you may choose to present 
any other acceptable document from List A, a combination of one 
selection from List B and one selection from List C, or a valid 
receipt.

What documentation may I present to my employer for Employment 
Eligibility Verification (Form I-9) if I am already employed but my 
current TPS-related EAD is set to expire?

    Even though your EAD has been automatically extended, your employer 
is required by law to ask you about your continued employment 
authorization no later than before you start work on June 25, 2018. You 
will need to present your employer with evidence that you are still 
authorized to work. Once presented, you may correct your employment 
authorization expiration date in Section 1 and your employer should 
correct the EAD expiration date in Section 2 of Form I-9. See the 
subsection titled, ``What corrections should my current employer and I 
make to Employment Eligibility Verification (Form I-9) if my employment 
authorization has been automatically extended?'' for further 
information. You may show this Federal Register notice to your employer 
to explain what to do for Form I-9 and to show that your EAD has been 
automatically extended through December 21, 2018. Your employer may 
need to reinspect your automatically extended EAD to check the 
expiration date and Category code if your employer did not keep a copy 
of this EAD when you initially presented it. In addition, if you 
properly filed your Form I-765 to obtain a new EAD, you will receive a 
Form I-797C, Notice of Action. Form I-797C will state that your current 
A-12 or C-19 coded EAD is automatically extended for 180 days. You may 
present Form I-797C to your employer along with your EAD to confirm 
that the validity of your EAD has been automatically extended through 
December 21, 2018, unless your TPS has been withdrawn or your request 
for TPS has been denied. To reduce the possibility of gaps in your 
employment authorization documentation, you should file your Form I-765 
to request a new EAD as early as possible during the re-registration 
period.
    The last day of the automatic EAD extension is December 21, 2018. 
Before you start work on December 22, 2018, 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 Form I-9 Lists of 
Acceptable Documents, or an acceptable List A or List C receipt 
described in the Form I-9 Instructions to reverify employment 
authorization.
    By December 22, 2018, your employer must complete Section 3 of the 
current version of the form, Form I-9 07/17/17 N, and attach it to the 
previously completed Form I-9, if your original Form I-9 was a previous 
version. Your employer can check the USCIS' I-9 Central web page at 
http://www.uscis.gov/I-9Central for the most current version of Form I-
9.
    Note that your employer may not specify which List A or List C 
document you must present and cannot reject an acceptable receipt.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my Nepali citizenship?

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the Form I-9 ``Lists of Acceptable Documents'' that reasonably appears 
to be genuine and that relates to you, or an acceptable List A, List B, 
or List C receipt. Employers need not reverify List B identity 
documents. Employers may not request documentation that does not appear 
on the ``Lists of Acceptable Documents.'' Therefore, employers may not 
request proof of Nepali citizenship or proof of re-registration for TPS 
when completing Form I-9 for new hires or reverifying the employment 
authorization of current employees. If presented with EADs that have 
been automatically extended, employers should accept such documents as 
a valid List A document so long as the EAD reasonably appears to be 
genuine and relates to the employee. Refer to the Note to Employees 
section of this Federal Register notice for important information about 
your rights if your employer rejects lawful documentation, requires 
additional documentation, or otherwise discriminates against you based 
on your citizenship or immigration status, or your national origin.

[[Page 23709]]

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) using my automatically extended employment authorization for 
a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before December 22, 2018, you and your employer should do the 
following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter December 
21, 2018, the automatically extended EAD expiration date as the 
expiration date; and
    b. Enter your Alien Number/USCIS number or A-Number where indicated 
(your EAD or other document from DHS will have your USCIS number or A-
Number printed on it; the USCIS number is the same as your A-Number 
without the A prefix).
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring 
it is in category A-12 or C-19 and has a June 24, 2018 expiration date;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write December 21, 2018, as the expiration date.
    If you also filed for a new EAD, as proof of the automatic 
extension of your employment authorization, you may present your 
expired or expiring EAD with category A-12 or C-19 in combination with 
the Form I-797C Notice of Action showing that the EAD renewal 
application was filed and that the qualifying eligibility category is 
either A-12 or C-19. Unless your TPS has been withdrawn or your request 
for TPS has been denied, this document combination is considered an 
unexpired EAD under List A. In these situations, to complete Section 2, 
employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19; and
     The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write December 21, 2018, as the expiration date. Before the 
start of work on December 22, 2018, employers must reverify the 
employee's employment authorization in Section 3 of Form I-9.

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my employment authorization has 
been automatically extended?

    If you presented a TPS-related EAD that was valid when you first 
started your job and your EAD has now been automatically extended, your 
employer may need to re-inspect your current EAD if they do not have a 
copy of the EAD on file. You may, and your employer should, correct 
your previously completed Form I-9 as follows:
    1. For Section 1, you may:
    a. Draw a line through the expiration date in Section 1;
    b. Write December 21, 2018, above the previous date (June 24, 
2018); and
    c. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19; and
     Has an expiration date of June 24, 2018.
    b. Draw a line through the expiration date written in Section 2;
    c. Write December 21, 2018, above the previous date (June 24, 
2018); and
    d. Initial and date the correction in the Additional Information 
field in Section 2.
    In the alternative, you may present your expired EAD with category 
A-12 or C-19 in combination with the Form I-797C Notice of Action. The 
Form I-797C should show that the qualifying eligibility category is 
either A-12 or C-19. To avoid confusion, you may also provide your 
employer a copy of this Notice. Your employer should correct your 
previously completed Form I-9 as follows:
    For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19; and
     The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Draw a line through the expiration date written in Section 2;
    c. Write December 21, 2018, above the previous date (June 24, 
2018); and
    d. Initial and date the correction in the Additional Information 
field in Section 2.

    Note: This is not considered a reverification. Employers do not 
need to complete Section 3 until either the 180-day automatic 
extension has ended or the employee presents a new document to show 
continued employment authorization, whichever is sooner. By December 
22, 2018, when the employee's automatically extended EAD has 
expired, employers must reverify the employee's employment 
authorization in Section 3.

If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee using 
the EAD bearing the expiration date June 24, 2018, or the Form I-797C 
receipt information provided on Form I-9. In either case, the receipt 
number entered as the document number on Form I-9 should be entered 
into the document number field in E-Verify.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiration'' alert for an automatically 
extended EAD?

    E-Verify automated the verification process for employees whose 
TPS-related EAD was automatically extended. If you have employees who 
are TPS beneficiaries who provided a TPS-related EAD when they first 
started working for you, you will receive a ``Work Authorization 
Documents Expiring'' case alert when the auto-extension period for this 
EAD is about to expire. The alert indicates that before this employee 
starts to work on December 22, 2018, you must reverify their employment 
authorization in Section 3 of Form I-9. Employers should not use E-
Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Federal Register notice 
does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at I9Central@dhs.gov. 
Calls and emails are accepted in English and many other languages. For 
questions about avoiding discrimination during the employment 
eligibility verification process (Form I-9 and E-Verify), employers may 
call the U.S. Department of Justice's Civil Rights Division, Immigrant 
and Employee Rights Section (IER) (formerly the Office of Special 
Counsel for Immigration-Related Unfair Employment Practices)

[[Page 23710]]

Employer Hotline at 800-255-8155 (TTY 800-237-2515). The 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. Calls are accepted 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 Employment Eligibility Verification (Form I-9) and E-Verify. 
The IER Worker Hotline provides language interpretation in numerous 
languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Employment Eligibility Verification (Form I-9) 
Instructions. Employers may not require extra or additional 
documentation beyond what is required for Form I-9 completion. Further, 
employers participating in E-Verify who receive an E-Verify case result 
of ``Tentative Nonconfirmation'' (TNC) must promptly inform employees 
of the TNC and give such employees an opportunity to contest the TNC. A 
TNC case result means that the information entered into E-Verify from 
an employee's Form I-9 differs from Federal or state government 
records.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against an employee because of 
the TNC while the case is still pending with E-Verify. A Final 
Nonconfirmation (FNC) case result is received when E-Verify cannot 
verify an employee's employment eligibility. An employer may terminate 
employment based on a case result of FNC. Work-authorized employees who 
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination 
or to report an employer for discrimination in the E-Verify process 
based on citizenship, immigration status, or national origin, contact 
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Form I-9 and E-Verify 
procedures is available on the IER website at https://www.justice.gov/ier and the USCIS website 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 of such documents are:
    (1) Your current EAD;
    (2) A copy of your Notice of Action (Form I-797C), the notice of 
receipt, for your application to renew your current EAD providing an 
automatic extension of your currently expired or expiring EAD;
    (3) A copy of your Notice of Action (Form I-797C), the notice of 
receipt, for your Application for Temporary Protected Status for this 
re-registration; and
    (4) A copy of your Notice of Action (Form I-797), the notice of 
approval, for a past or current Application for Temporary Protected 
Status, if you received one from USCIS.
    Check with the government agency regarding which document(s) the 
agency will accept. Some benefit-granting agencies use the USCIS 
Systematic Alien Verification for Entitlements (SAVE) program to 
confirm the current immigration status of applicants for public 
benefits. In most cases, SAVE provides an automated electronic response 
to benefit-granting agencies within seconds, but, occasionally, 
verification can be delayed. You can check the status of your SAVE 
verification by using CaseCheck at the following link: https://save.uscis.gov/casecheck/, then by clicking the ``Check Your Case'' 
button. CaseCheck is a free service that lets you follow the progress 
of your SAVE verification using your date of birth and one immigration 
identifier number. If an agency has denied your application based 
solely or in part on a SAVE response, the agency must offer you the 
opportunity to appeal the decision in accordance with the agency's 
procedures. If the agency has received and acted upon or will act upon 
a SAVE verification and you do not believe the response is correct, you 
may make an InfoPass appointment for an in-person interview at a local 
USCIS office. Detailed information on how to make corrections, make an 
appointment, or submit a written request to correct records under the 
Freedom of Information Act can be found on the SAVE website at http://www.uscis.gov/save.

[FR Doc. 2018-10868 Filed 5-21-18; 8:45 am]
 BILLING CODE 9111-97-P