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  • News: DHS Extends Designation of Haiti for TPS

    Federal Register, Volume 80 Issue 164 (Tuesday, August 25, 2015)
    [Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
    [Notices]
    [Pages 51582-51588]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2015-21006]
    
    
    
    [[Page 51582]]
    
    -----------------------------------------------------------------------
    
    DEPARTMENT OF HOMELAND SECURITY
    
    U.S. Citizenship and Immigration Services
    
    [CIS No. 2567-15; DHS Docket No. USCIS-2014-0001]
    RIN 1615-ZB40
    
    
    Extension of the Designation of Haiti for Temporary Protected 
    Status
    
    AGENCY: U.S. Citizenship and Immigration Services, Department of 
    Homeland Security.
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
    announces that the Secretary of Homeland Security (Secretary) is 
    extending the designation of Haiti for Temporary Protected Status (TPS) 
    for 18 months, from January 23, 2016 through July 22, 2017.
        The extension allows currently eligible TPS beneficiaries to retain 
    TPS through July 22, 2017, 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 Haiti that prompted 
    the TPS designation continue to be met. There continue to be 
    extraordinary and temporary conditions in that country that prevent 
    Haitian nationals (or aliens having no nationality who last habitually 
    resided in Haiti) from returning to Haiti in safety.
        Through this Notice, DHS also sets forth procedures necessary for 
    nationals of Haiti (or aliens having no nationality who last habitually 
    resided in Haiti) to re-register for TPS and to apply for renewal of 
    their Employment Authorization Documents (EAD) with U.S. Citizenship 
    and Immigration Services (USCIS). Re-registration is limited to persons 
    who have previously registered for TPS under the designation of Haiti 
    and whose applications have been granted. Certain nationals of Haiti 
    (or aliens having no nationality who last habitually resided in Haiti) 
    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 
    January 12, 2011, and continuous physical presence in the United States 
    since July 23, 2011).
        For individuals who have already been granted TPS under Haiti's 
    designation, the 60-day re-registration period runs from August 25, 
    2015 through October 26, 2015. USCIS will issue new EADs with a July 
    22, 2017 expiration date to eligible Haiti 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 January 22, 2016. Accordingly, through 
    this Notice, DHS automatically extends the validity of EADs issued 
    under the TPS designation of Haiti for 6 months, through July 22, 2016, 
    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 Haiti is 
    effective January 23, 2016, and will remain in effect through July 22, 
    2017. The 60-day re-registration period runs from August 25, 2015 
    through October 26, 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.)
    
    Further Information
    
         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 Haiti's TPS extension by selecting ``TPS 
    Designated Country: Haiti'' from the menu on the left side of the TPS 
    Web page.
         You can also contact the TPS Operations Program Manager at 
    the Waivers and Temporary Services 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).
         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
    IDP--Internally Displaced Person
    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
    
    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 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 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.
         To qualify for TPS, beneficiaries must meet the 
    eligibility standards at INA section 244(c)(2) and 8 CFR 244.2-.4.
         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 Haiti designated for TPS?
    
        On January 21, 2010, the Secretary designated Haiti for TPS based 
    on extraordinary and temporary conditions within the country, 
    specifically the effects of the 7.0-magnitude earthquake that occurred 
    on January 12, 2010. See Designation of Haiti for Temporary Protected 
    Status, 75 FR 3476 (Jan. 21, 2010). In 2011, the Secretary both 
    extended Haiti's designation and redesignated Haiti for TPS for 18 
    months through January 22, 2013. See Extension and Redesignation of 
    Haiti for
    
    [[Page 51583]]
    
    Temporary Protected Status, 76 FR 29000 (May 19, 2011). Haiti's 
    designation was then extended for an additional 18 months on October 1, 
    2012. See Extension of the Designation of Haiti for Temporary Protected 
    Status, 77 FR 59943 (October 1, 2012). The Secretary last extended 
    Haiti's TPS designation in 2014. Through a notice published in the 
    Federal Register on March 3, 2014, the Secretary extended Haiti's 
    designation for TPS for 18 months, through January 22, 2016, because 
    the conditions warranting the 2011 redesignation continued to be met. 
    See Extension of the Designation of Haiti for Temporary Protected 
    Status, 79 FR 11808 (March 3, 2014). This announcement is the third 
    extension of TPS for Haiti since the 2011 redesignation.
    
    What authority does the Secretary of Homeland Security have to extend 
    the designation of Haiti for TPS?
    
        Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
    Secretary, after consultation with appropriate agencies of the U.S. 
    Government (Government), 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).
    ---------------------------------------------------------------------------
    
        \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).
    ---------------------------------------------------------------------------
    
        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 INA section 244(b)(3)(C), 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 Haiti through 
    July 22, 2017?
    
        Over the past year, DHS and the Department of State (DOS) have 
    continued to review conditions in Haiti. Based on this review and after 
    consulting with DOS, the Secretary has determined that an 18-month 
    extension is warranted because the extraordinary and temporary 
    conditions that led to Haiti's designation continue to exist and 
    prevent Haitian nationals (or aliens having no nationality who last 
    habitually resided in Haiti) from returning to Haiti in safety.
        Many of the conditions prompting the original January 2010 TPS 
    designation and the May 2011 redesignation persist, including a housing 
    shortage, a cholera epidemic, limited access to medical care, damage to 
    the economy, political instability, security risks, limited access to 
    food and water, a heightened vulnerability of women and children, and 
    environmental risks. More than 5 years after the earthquake, Haiti 
    continues to recover.
        The January 12, 2010 earthquake caused extensive damage to the 
    country's physical infrastructure and public health, agricultural, 
    housing, transportation, and educational facilities. The Haitian 
    government estimates that 105,000 houses were destroyed and 188,383 
    houses collapsed or suffered considerable damage. At the peak of the 
    displacement, estimates of people internally displaced range from 
    approximately 1.5 million to 2.3 million. While most of the earthquake 
    related rubble has been cleared, and there have been improvements to 
    road conditions, the effort to rebuild damaged buildings has been slow. 
    Virtually all government offices and ministries were destroyed in 
    downtown Port-au-Prince and, 5 years later, remain housed in temporary 
    facilities.
        While the country continues to make progress in relocating people 
    made homeless by the 2010 earthquake, estimates by the International 
    Organization for Migration in December 2014 put the number of Haitians 
    still living in internally displaced person (IDP) camps at 
    approximately 80,000 scattered across 105 sites. Basic services 
    available to camp residents have deteriorated as IDP camps close and 
    funding dries up, with most camps lacking waste management services and 
    adequate sanitation facilities--leading to a high risk of cholera 
    transmission--and possessing malnutrition rates higher than emergency 
    thresholds. Gender-based violence that exists within these informal 
    settlement areas continues to be a serious concern and personal 
    security is a serious and pervasive issue. While IDP camps are closing, 
    Haiti's housing shortage remains far from resolved. Haiti lacks 
    sufficient housing units to address its pre-earthquake shortage, 
    replace damaged or destroyed units, and satisfy projected urban growth. 
    Some Haitians have returned to unsafe homes or built houses in informal 
    settlements located in hazardous areas without access to basic 
    services.
        Lingering infrastructure damage since the earthquake has also 
    impacted food security. Even prior to the 2010 earthquake, Haiti had 
    one of the highest rates of hunger and malnutrition in the Western 
    Hemisphere, with 45 percent of the population undernourished and 30 
    percent of children under 5 suffering from chronic malnutrition. Damage 
    from the 2010 earthquake exacerbated Haiti's historic food security 
    challenges. An estimated 2.5 million people are unable to cover their 
    basic food needs and a January 2015 United Nations report estimated 
    that over 600,000 people were facing severe food insecurity.
        Haiti's longstanding public health challenges were exacerbated by 
    the January 2010 earthquake and an ongoing cholera epidemic that 
    started in October 2010. The introduction of cholera in Haiti shortly 
    after the earthquake, and its persistence since then, is mainly due to 
    the lack of access to clean water and appropriate sanitation 
    facilities. Concerted efforts by Haiti and its partners have reduced 
    the number of reported cholera cases in the country, but Haiti 
    continues to host the largest cholera epidemic in the Western 
    Hemisphere. As of December 2014, the cholera epidemic has affected 
    approximately 725,000 people and claimed over 8,800 lives in Haiti 
    since October 2010. In January 2015, the U.S. Centers for Disease 
    Control and Prevention stated that outbreaks of epidemic diseases still 
    occur and that progress has been slow and limited in restoring Haiti's 
    physical health infrastructure.
        Haiti's ability to recover has been further constrained by 
    political instability. The January 2010 earthquake had an immediate 
    impact on governance and the rule of law in Haiti, killing an estimated 
    18 percent of the country's civil service and destroying key government 
    infrastructure, including the National Palace, 28 of 29 government 
    ministry buildings, the National Police headquarters, and various 
    judicial facilities. Following the expiration of local and 
    parliamentary
    
    [[Page 51584]]
    
    mandates on January 12, 2015, Haiti was left without a functioning 
    legislative branch or duly elected local authorities. Increasingly, 
    politically and economically motivated protests and demonstrations have 
    turned violent.
        Although the Government of Haiti has taken significant steps to 
    improve stability and the quality of life for Haitian citizens, Haiti 
    continues to lack the adequate infrastructure, health and sanitation 
    services, and emergency response capacity necessary to ensure the 
    personal safety of Haitian nationals.
        Based upon this review and after consultation with appropriate 
    Government agencies, the Secretary has determined that:
         The conditions that prompted the July 23, 2011 
    redesignation of Haiti for TPS continue to be met. See INA section 
    244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
         There continue to be extraordinary and temporary 
    conditions in Haiti that prevent Haitian nationals (or aliens having no 
    nationality who last habitually resided in Haiti) from returning to 
    Haiti in safety. See INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
         It is not contrary to the national interest of the United 
    States to permit Haitians (or aliens having no nationality who last 
    habitually resided in Haiti) who meet the eligibility requirements of 
    TPS to remain in the United States temporarily. See INA section 
    244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
         The designation of Haiti for TPS should be extended for an 
    18-month period from January 23, 2016 through July 22, 2017. See INA 
    section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
         There are approximately 50,000 current Haiti TPS 
    beneficiaries who are expected to file for re-registration under the 
    extension.
    
    Notice of Extension of the TPS Designation of Haiti
    
        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 
    redesignation of Haiti for TPS on July 23, 2011, 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 existing designation of Haiti 
    for TPS for 18 months, from January 23, 2016 through July 22, 2017. See 
    INA section 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and 
    (b)(2).
    
    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 
    Haiti, 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.
    
    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 requesting an initial EAD and are under the age of 
    14 or over the age of 65 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-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
    
    [[Page 51585]]
    
    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
    ------------------------------------------------------------------------
                    If . . .                          Mail to . . .
    ------------------------------------------------------------------------
    You live in Florida....................  U.S. Postal Service:
                                             U.S. Citizenship and
                                              Immigration Services,
                                             Attn: Haiti TPS,
                                             P.O. Box 4464,
                                             Chicago, IL 60680.
                                             Non-U.S. Postal Delivery
                                              Service:
                                             U.S. Citizenship and
                                              Immigration Services,
                                             Attn: Haiti TPS,
                                             131 S. Dearborn--3rd Floor,
                                             Chicago, IL 60603.
    You live in the State of New York......  U.S. Postal Service:
                                             U.S. Citizenship and
                                              Immigration Services,
                                             Attn: Haiti TPS,
                                             P.O. Box 660167,
                                             Dallas, TX 75266.
                                             Non-U.S. Postal Delivery
                                              Service:
                                             U.S. Citizenship and
                                              Immigration Services,
                                             Attn: Haiti TPS,
                                             2501 S. State Highway, 121
                                              Business Suite 400,
                                             Lewisville, TX 75067.
    You live in any other state............  U.S. Postal Service:
                                             U.S. Citizenship and
                                              Immigration Services,
                                             Attn: Haiti TPS,
                                             P.O. Box 24047,
                                             Phoenix, AZ 85074.
                                             Non-U.S. Postal Delivery
                                              Service:
                                             U.S. Citizenship and
                                              Immigration Services,
                                             Attn: Haiti TPS,
                                             1820 E. Skyharbor Circle S,
                                              Suite 100,
                                             Phoenix, AZ 85034.
    ------------------------------------------------------------------------
    
        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. 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. If your USCIS receipt number begins with the letters 
    ``LIN,'' please email the Nebraska Service Center at 
    TPSijgrant.nsc@uscis.dhs.gov. If your USCIS receipt number begins with 
    the letters ``WAC,'' please email the California Service Center at 
    TPSijgrant.csc@uscis.dhs.gov. 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
    
        You cannot electronically file your application when re-registering 
    or submitting an initial registration for Haiti TPS. Please mail your 
    application to the mailing address listed in Table 1.
    
    Employment Authorization Document (EAD)
    
    How can I obtain information on the status of my EAD request?
    
        To obtain case status information about your TPS application, 
    including the status of a request for an EAD, you 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). If your Form I-765 Application for Employment 
    Authorization 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 Customer Service Center for assistance before making an 
    InfoPass appointment.
    
    Am I eligible to receive an automatic 6-month extension of my current 
    EAD through July 22, 2016?
    
        Provided that you currently have TPS under the designation of 
    Haiti, this Notice automatically extends your EAD by 6 months if you:
         Are a national of Haiti (or an alien having no nationality 
    who last habitually resided in Haiti);
         Received an EAD under the last extension of TPS for Haiti; 
    and
         Have an EAD with a marked expiration date of January 22, 
    2016, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
    under ``Category.''
        Although this Notice automatically extends your EAD through July 
    22, 2016, you must re-register timely for TPS in accordance with the 
    procedures described in this Notice if you would like to maintain your 
    TPS.
    
    [[Page 51586]]
    
    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). You may present an acceptable 
    receipt for List A, List B, or List C documents as described in the 
    Form I-9 Instructions. An acceptable receipt is one that shows an 
    employee has applied to replace a document that was lost, stolen or 
    damaged. If you present this receipt, you must present your employer 
    with the actual document within 90 days. 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 January 22, 2016, 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 July 22, 2016 (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 should explain to your employer that 
    USCIS has automatically extended your EAD through July 22, 2016, based 
    on your Temporary Protected Status. You are also strongly encouraged, 
    although not required, to show your employer a copy of this Federal 
    Register Notice confirming the automatic extension of employment 
    authorization through July 22, 2016. 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 January 22, 2016, 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 
    January 22, 2016, is reached to meet its responsibilities for 
    Employment Eligibility Verification (Form I-9). Your employer does not 
    need a new Form I-9 to reverify your employment authorization until 
    July 22, 2016, the expiration date of the automatic extension, but may 
    need to reinspect your automatically extended EAD to check the 
    expiration date and code in order to record the updated expiration date 
    on your Form I-9 if your employer did not keep a copy of this EAD at 
    the time you initially presented it. 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). You are also 
    strongly encouraged, although not required, to show this Federal 
    Register Notice to your employer to explain what to do for Employment 
    Eligibility Verification (Form I-9).
        By July 22, 2016, the expiration date of the automatic extension, 
    your employer must reverify your employment authorization. At that 
    time, you must present any unexpired document from List A or any 
    unexpired 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 is required to reverify on Employment Eligibility Verification 
    (Form I-9) the employment authorization of current employees upon the 
    automatically extended expiration date of a TPS-related EAD, which is 
    July 22, 2016, in this case. Your employer should use 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) is no longer valid, 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. An 
    acceptable receipt is one that shows an employee has applied to replace 
    a document that was lost, stolen or damaged.
    
    Can my employer require that I produce any other documentation to prove 
    my current TPS status, such as proof of my Haitian citizenship or proof 
    that I have re-registered for TPS?
    
        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) 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 Haitian citizenship or proof of re-
    registration for TPS when completing Employment Eligibility 
    Verification (Form I-9) for new hires or reverifying the employment 
    authorization of current employees. 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. Note that 
    although you are not required to provide your employer with a copy of 
    this Federal Register notice, you are strongly encouraged to do so to 
    help avoid confusion.
    
    What happens after July 22, 2016, for purposes of employment 
    authorization?
    
        After July 22, 2016, 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 July 22, 2017, 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
    
    [[Page 51587]]
    
    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 July 22, 
    2016, you and your employer should do the following:
        1. For Section 1, you should:
        a. Check ``An alien authorized to work;''
        b. Write the automatically extended EAD expiration date (July 22, 
    2016) in the first space; and
        c. Write your alien number (USCIS number or A-number) in the second 
    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).
        2. For Section 2, employers should record the:
        a. Document title;
        b. Issuing authority;
        c. Document number; and
        d. Automatically extended EAD expiration date (July 22, 2016).
        By July 22, 2016, 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 valid when you first started your job but that EAD has now 
    been automatically extended, your employer may reinspect your 
    automatically extended EAD if the employer does not have a photocopy of 
    the EAD on file, and 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 first space;
        b. Write ``July 22, 2016'' 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 ``July 22, 2016'' above the previous date;
        c. Write ``EAD Ext.'' in the margin of Section 2; and
        d. Initial and date the correction in the margin of Section 2.
        By July 22, 2016, 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 July 22, 2016, 
    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 I-9Central@dhs.gov. 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 
    osccrt@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 at I-9Central@dhs.gov. 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 records available to DHS or the 
    Social Security Administration.
        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
    
    [[Page 51588]]
    
    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;
        (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 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 
    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. 2015-21006 Filed 8-24-15; 8:45 am]
     BILLING CODE 9111-97-P
    
    
    
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