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  • News: DHS Notice of Designation of the Republic of Yemen for TPS

    Federal Register, Volume 80 Issue 171 (Thursday, September 3, 2015)
    [Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
    [Notices]
    [Pages 53319-53323]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2015-21881]
    
    
    -----------------------------------------------------------------------
    
    DEPARTMENT OF HOMELAND SECURITY
    
    U.S. Citizenship and Immigration Services
    
    [CIS No. 2570-15; DHS Docket No. USCIS-2015-0005]
    RIN 1615-ZB41
    
    
    Designation of the Republic of Yemen 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) has 
    designated the Republic of Yemen (Yemen) for Temporary Protected Status 
    (TPS) for a period of 18 months, effective September 3, 2015, through 
    March 3, 2017. Under section 244(b)(1)(A) of the Immigration and 
    Nationality Act (INA), 8 U.S.C. 1254a(b)(1)(A), the Secretary is 
    authorized to designate a foreign state (or any part thereof) for TPS 
    upon finding that there is an ongoing armed conflict within the foreign 
    state and, due to such conflict, requiring the return of nationals of 
    the state would pose a serious threat to their personal safety.
        This designation allows eligible Yemeni nationals (and aliens 
    having no nationality who last habitually resided in Yemen) who have 
    continuously resided in the United States since September 3, 2015, and 
    have been continuously physically present in the United States since 
    September 3, 2015 to be granted TPS. This Notice also describes the 
    other eligibility criteria applicants must meet.
        Individuals who believe they may qualify for TPS under this 
    designation may apply within the 180-day registration period that 
    begins on September 3, 2015, and ends on March 1, 2016. They may also 
    apply for Employment Authorization Documents (EAD) and for travel 
    authorization. Through this Notice, DHS also sets forth the procedures 
    for nationals of Yemen (or aliens having no nationality who last 
    habitually resided in Yemen) to apply for TPS, EADs, and travel 
    authorization with U.S. Citizenship and Immigration Services (USCIS).
    
    DATES: This designation of Yemen for TPS is effective on September 3, 
    2015, and will remain in effect through March 3, 2017. The 180-day 
    registration period for eligible individuals to submit TPS applications 
    begins September 3, 2015, and will remain in effect through March 1, 
    2016.
    
    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 Yemen's TPS designation by selecting ``TPS 
    Designated Country: Yemen'' from the menu on the left 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
    EAD--Employment Authorization Document
    FNC--Final Nonconfirmation
    Government--U.S. Government
    IJ--Immigration Judge
    INA--Immigration and Nationality Act
    OSC--U.S. Department of Justice, Office of Special Counsel for 
    Immigration-Related Unfair Employment Practices
    SAVE--USCIS Systematic Alien Verification for Entitlements Program
    Secretary--Secretary of Homeland Security
    TNC--Tentative Nonconfirmation
    TPS--Temporary Protected Status
    TTY--Text Telephone
    UN--United Nations
    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 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 to obtain EADs, so long as they continue to meet 
    the requirements of TPS.
         TPS beneficiaries may 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)(2), 8 U.S.C. 1254a(c)(2).
         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.
    
    What authority does the Secretary have to designate Yemen 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 
    (Government) agencies, to designate a foreign state (or part thereof) 
    for TPS if the Secretary finds that certain country conditions 
    exist.\1\ The Secretary can designate a foreign state for TPS if the 
    Secretary determines that one or more of three bases exist. One basis 
    is if the Secretary finds that ``. . . that there is an ongoing armed 
    conflict within the state and, due to such conflict, requiring the 
    return of aliens who are nationals of that state to that state (or to 
    the part of the state) would pose a serious threat to their personal 
    safety . . .'' INA section 244(b)(1)(A), 8 U.S.C. 1254a(b)(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).
    ---------------------------------------------------------------------------
    
        Following the designation of a foreign state for TPS, the Secretary 
    may then grant TPS to eligible nationals of that foreign state (or 
    eligible aliens having no nationality who last habitually resided
    
    [[Page 53320]]
    
    in that state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A). 
    Applicants must demonstrate that they satisfy all eligibility criteria, 
    including that they have been ``continuously physically present'' in 
    the United States since the effective date of the designation, which is 
    either the date of the Federal Register Notice announcing the 
    designation or such later date as the Secretary may determine, and that 
    they have ``continuously resided'' in the United States since such date 
    as the Secretary may designate. See INA sections 244(a)(1)(A), 
    (b)(2)(A), (c)(1)(A)(i-ii); 8 U.S.C. 1254a(a)(1)(A), (b)(2)(A), 
    (c)(1)(A)(i-ii).
    
    Why is the Secretary designating Yemen for TPS through March 3, 2017?
    
        The Secretary has determined, after consultation with the 
    Department of State and other appropriate Government agencies, that 
    there is an ongoing armed conflict within Yemen and, due to such 
    conflict, requiring the return of Yemeni nationals to Yemen would pose 
    a serious threat to their personal safety.
        In July 2014, the Houthis, a northern opposition group, began a 
    violent territorial expansion across Yemen. The Houthis took over the 
    capital, Sana'a, in September 2014, and placed the President, Prime 
    Minister, and cabinet officials under house arrest in January 2015. 
    President Abdo Rabo Mansur Hadi left Sana'a for Yemen's southern port 
    city of Aden in February 2015 to resume his presidential duties. As the 
    Houthis continued their military campaign, however, they eventually 
    closed in on Aden and by the end of March 2015, President Hadi and many 
    other members of the government relocated to the Kingdom of Saudi 
    Arabia (Saudi Arabia).
        On March 26, 2015, a coalition of more than ten countries, led by 
    Saudi Arabia and at the request of President Hadi, initiated air 
    strikes against the Houthis. Air strikes have occurred across the 
    country, but have been concentrated in Sa'dah, Hajjah, Sana'a, Taiz, 
    Marib, Al Dhale'e, and Aden. Houthi ground forces simultaneously 
    engaged in fierce battles in Aden and Marib against local ethnic groups 
    and pro-government fighters. The conflict has affected 21 out of 
    Yemen's 22 governorates.
        The conflict has caused an acute and rapidly deteriorating 
    humanitarian crisis. The airstrikes and ground fighting have killed, 
    wounded, and displaced noncombatants and destroyed and damaged 
    hospitals, schools, roads, airports, the electric power grid, the water 
    supply, and other critical infrastructure. The humanitarian situation 
    is compounded by access constraints. Relief efforts and supplies have 
    been hindered by the limited capacity of airports, seaports, and 
    roadblocks. Furthermore, ongoing violence and airstrikes are 
    restricting the movement of civilians to safe areas and restricting 
    their ability to receive needed basic services and supplies.
        While the exact number of housing units that have been destroyed or 
    damaged by the airstrikes and ground fighting has not been determined, 
    the United Nations (UN) is reporting that approximately 42,000 people, 
    in 7,000 households, were identified as needing shelter as a direct 
    result of the conflict since March 2015. The UN has reported that 
    nearly 1.3 million people in Yemen have become internally displaced 
    since the start of the conflict.
        Movement through or around the conflict zones is fraught with 
    extreme danger. A full assessment by those reporting on the ground has 
    been hindered by security concerns and infrastructure damage, but the 
    UN has reported that as of July 2015, there have been approximately 
    3,700 registered deaths and over 18,000 registered injuries attributed 
    to the conflict.
        Because Yemen relies on imports for 90 percent of its food, the 
    combination of severely reduced imports, low food stocks, and a 
    shortage of fuel has increased the number of people experiencing food 
    insecurity to 12.9 million, nearly half of the total population of 
    Yemen, including 5 million who are classified as severely food 
    insecure. Due to the conflict, 470,000 children under the age of 5 have 
    lost access to nutrition services previously provided to them through 
    158 Outpatient Therapeutic Feeding Programs.
        The impact on key logistical and civilian infrastructure across 
    Yemen from the airstrikes and ground fighting has been devastating. 
    Yemen has suffered heavy damage to its airports, harbors, bridges and 
    roads, which presents significant obstacles to relief efforts. Damage 
    to health facilities has also been substantial and the UN has reported 
    that, as a result of the fighting, at least five hospitals were 
    destroyed or suffered catastrophic damage in Sana'a, Al Dhale'e, and 
    Aden. Nearly 3,600 schools remain closed due to insecurity, with over 
    330 schools directly affected by the conflict. Of these, 86 schools 
    were reported damaged due to airstrikes or armed confrontations and a 
    further 246 were reported as occupied by internally displaced persons.
        The destruction and closure of numerous hospitals and medical 
    facilities is resulting in increased fatalities, including among women, 
    due to miscarriages and a lack of delivery and postnatal care. 
    Hospitals that remain open are operating at limited capacity and are 
    unable to cope with the scale of needs, while others have shut down due 
    to insecurity and a lack of fuel, staff and supplies. Internally 
    displaced persons across Yemen indicate that among their most pressing 
    needs are medicine and treatment for malaria, diarrhea, malnutrition, 
    unspecified chronic diseases, and respiratory diseases.
        Based upon this review and after consultation with appropriate 
    Government agencies, the Secretary has determined that:
         There is an ongoing armed conflict in Yemen and, due to 
    such conflict, requiring the return of Yemeni nationals to Yemen would 
    pose a serious threat to their personal safety. See INA section 
    244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A);
         The designation of Yemen for TPS will be for an 18-month 
    period from September 3, 2015, through March 3, 2017. See INA section 
    244(b)(2), 8 U.S.C. 1254a(b)(2);
         The date by which applicants for TPS under the designation 
    of Yemen must demonstrate that they have continuously resided in the 
    United States is September 3, 2015. See INA section 244(c)(1)(A)(ii), 8 
    U.S.C. 1254a(c)(1)(A)(ii);
         The date by which applicants for TPS under the designation 
    of Yemen must demonstrate that they have been continuously physically 
    present in the United States is September 3, 2015, the effective date 
    of this designation of Yemen for TPS. INA sections 244(b)(2)(A), 
    (c)(1)(A)(i); 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i); and
         An estimated 500 to 2,000 nationals of Yemen (and persons 
    without nationality who last habitually resided in Yemen) are (or are 
    likely to become) eligible for TPS under this designation. This 
    estimate is based on the total number of Yemeni nationals believed to 
    be in the United States in a nonimmigrant status or without lawful 
    immigration status.
    
    Notice of the Designation of Yemen for TPS
    
        By the authority vested in me as Secretary under INA section 244, 8 
    U.S.C. 1254a, after consultation with the appropriate Government 
    agencies, I designate Yemen for TPS under INA section 244(b)(1)(A), 8 
    U.S.C. 1254a(b)(1)(A), for a period of 18
    
    [[Page 53321]]
    
    months from September 3, 2015, through March 3, 2017.
    
    Jeh Charles Johnson,
    Secretary.
    
    Required Application Forms and Application Fees To Register for TPS
    
        To register for TPS for Yemen, an applicant must submit each of the 
    following two applications:
        1. Application for Temporary Protected Status (Form I-821) with the 
    form fee; and
        2. Application for Employment Authorization (Form I-765).
        For administrative purposes, an applicant must submit an 
    Application for Employment Authorization (Form I-765) even if no 
    Employment Authorization Document (EAD) is requested.
        If you want an EAD you must pay the Application for Employment 
    Authorization (Form I-765) fee only if you are age 14 through 65.
        No fee for Application for Employment Authorization (Form I-765) is 
    required if you are not requesting an EAD with an initial TPS 
    application. Additionally, no fee is required if you are requesting an 
    EAD and you are under the age of 14 or over the age of 65.
        You must submit both completed application forms together. If you 
    are unable to pay the required fees, you may apply for a waiver of 
    these application fees and/or the biometrics services fee described 
    below by completing a Request for Fee Waiver (Form I-912), or 
    submitting a personal letter requesting a fee waiver, and 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 Application for Temporary 
    Protected Status (Form I-821), Application for Employment Authorization 
    (Form I-765), and biometric services are also described in 8 CFR 
    103.7(b).
    
    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 request 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 TPS Application After Receiving a Denial of a Fee Waiver 
    Request
    
        If you request a fee waiver when filing your TPS and EAD 
    application forms and your request is denied, you may refile your 
    application packet with the correct fees before the filing deadline of 
    March 1, 2016. If you attempt to submit your application with a fee 
    waiver request before the initial filing deadline, but you receive your 
    application back with the USCIS fee waiver denial, and there are fewer 
    than 45 days before the filing deadline (or the deadline has passed), 
    you may still refile your application within the 45-day period after 
    the date on the USCIS fee waiver denial notice. You must include the 
    correct fees, or file a new fee waiver request. Your application will 
    not be rejected even if the deadline has passed, provided it is mailed 
    within those 45 days and all other required information for the 
    application is included. Please be aware that if you re-file your TPS 
    application packet with a new fee waiver request after the deadline 
    based on this guidance and that new fee waiver request is denied, you 
    cannot re-file again. Note: Alternatively, you may pay the TPS 
    application fee and biometrics fee (if age 14 or older) but wait to 
    request an EAD and pay the EAD application fee after USCIS grants your 
    TPS application.
    
    Mailing Information
    
        Mail your application for TPS to the proper address in Table 1.
    
                           Table 1--Mailing Addresses
    ------------------------------------------------------------------------
                                                 Then mail your application
                     If you:                                to:
    ------------------------------------------------------------------------
    Would like to send your application by     USCIS, P.O. Box 7555,
     U.S. Postal Service.                       Chicago, IL 60680.
    Would like to send your application by     Attn: Yemen TPS, 131 S.
     non-U.S. Postal Service courier.           Dearborn 3rd Floor, Chicago,
                                                IL 60603.
    ------------------------------------------------------------------------
    
        If you were granted TPS by an Immigration Judge (IJ) or the Board 
    of Immigration Appeals (BIA), and you wish to request an EAD, please 
    mail your application to the appropriate mailing address in Table 1. 
    After you submit your EAD application and receive a USCIS receipt 
    number, please send an email to the Service Center handling your 
    application. The email should include the receipt number and state that 
    you submitted a request for an EAD based on an IJ/BIA grant of TPS. 
    This will aid in the verification of your grant and processing of your 
    application, as USCIS may not have received records of your grant of 
    TPS by either an IJ or the BIA. To obtain additional information, 
    including the email address of the appropriate Service Center, you may 
    go to the USCIS TPS Web page at http://www.uscis.gov/tps.
    
    E-Filing
    
        You cannot electronically file your application packet when 
    applying for initial registration for TPS. Please mail your application 
    packet to the mailing address listed in Table 1.
    
    Supporting Documents
    
    What type of basic supporting documentation must I submit?
    
        To meet the basic eligibility requirements for TPS, you must submit 
    evidence that you:
         Are a national of Yemen or an alien having no nationality 
    who last habitually resided in Yemen. Such documents may include a copy 
    of your passport if available, other documentation issued by the 
    Government of Yemen showing your nationality (e.g., national identity 
    card, official travel documentation issued by the Government of Yemen), 
    and/or your birth certificate with English translation accompanied by 
    photo identification. USCIS will also consider certain forms of 
    secondary evidence supporting your Yemeni nationality. If the evidence 
    presented is insufficient for USCIS to make a determination as to your 
    nationality, USCIS may request additional evidence. If you cannot 
    provide a passport, birth certificate with photo identification, or a 
    national identity document with your photo or fingerprint, you must 
    submit an affidavit showing proof of your unsuccessful efforts to 
    obtain such documents and affirming that you are a
    
    [[Page 53322]]
    
    national of Yemen. However, please be aware that an interview with an 
    immigration officer will be required if you do not present any 
    documentary proof of identity or nationality or if USCIS otherwise 
    requests a personal appearance. See 8 CFR 103.2(b)(9), 244.9(a)(1);
         Have continuously resided in the United States since 
    September 3, 2015. See INA section 244(c)(1)(A)(ii); 8 U.S.C. 
    1254a(c)(1)(A)(ii); 8 CFR 244.9(a)(2); and
         Have been continuously physically present in the United 
    States since September 3, 2015, the effective date of the designation 
    of Yemen for TPS. See INA sections 244(b)(2)(A), (c)(1)(A)(i); 8 U.S.C. 
    1254a(b)(2)(A), (c)(1)(A)(i).
        You must also submit two color passport-style photographs of 
    yourself. The filing instructions on the Application for Temporary 
    Protected Status (Form I-821) list all the documents needed to 
    establish basic eligibility for TPS. You may also find information on 
    the acceptable documentation and other requirements for applying for 
    TPS on the USCIS Web site at www.uscis.gov/tps under ``TPS Designated 
    Country: Yemen.''
    
    Do I need to submit additional supporting documentation?
    
        If one or more of the questions listed in Part 4, Question 2 of the 
    Application for Temporary Protected Status (Form I-821) applies to you, 
    then you must submit an explanation on a separate sheet(s) of paper 
    and/or additional documentation. Depending on the nature of the 
    question(s) you are addressing, additional documentation alone may 
    suffice, but usually a written explanation will also be needed.
    
    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 Application for Employment Authorization (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 Customer Service Center for assistance before making an 
    InfoPass appointment.
    
    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 the 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 the 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). As described in the Employment 
    Eligibility Verification (Form I-9) Instructions, you may present an 
    acceptable receipt for List A, List B, or List C documents including 
    the receipt for the application for replacement of a lost, stolen or 
    damaged document. A receipt for the application for an initial or 
    renewal employment authorization is not an acceptable receipt. An EAD 
    is an acceptable document under ``List A.'' Employers may not reject a 
    document based on a future expiration date.
    
    Can my employer require that I produce any other documentation to prove 
    my current TPS status, such as proof of my Yemeni citizenship or proof 
    that I have registered for TPS?
    
        No. When completing the Employment Eligibility Verification (Form 
    I-9), including re-verifying employment authorization, employers must 
    accept any documentation that appears on the ``Lists of Acceptable 
    Documents'' for Employment Eligibility Verification (Form I-9) that 
    reasonably appears to be genuine and that relates to you, or an 
    acceptable List A, List B, or List C receipt. Employers may not request 
    documentation that does not appear on the ``Lists of Acceptable 
    Documents.'' Therefore, employers may not request proof of Yemeni 
    citizenship or proof of TPS registration when completing the 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, employers should accept such EADs as 
    valid ``List A'' documents so long as the EADs reasonably appear to be 
    genuine and to relate to the employee. Refer to the ``Note to All 
    Employees'' section for important information about your rights if your 
    employer rejects lawful documentation, requires additional 
    documentation, or otherwise discriminates against you because of your 
    citizenship or immigration status, or national origin.
    
    Note to All Employers
    
        Employers are reminded that the laws requiring proper employment 
    eligibility verification and prohibiting unfair immigration-related 
    employment practices remain in full force. This 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
    
    [[Page 53323]]
    
    combination of documents from the Lists of Acceptable Documents if the 
    documentation reasonably appears to be genuine and to relate to the 
    employee, or an acceptable List A, List B, or List C receipt described 
    in the Employment Eligibility Verification (Form I-9) Instructions. 
    Employers may not require extra or additional documentation beyond what 
    is required for Employment Eligibility Verification (Form I-9) 
    completion. Further, employers participating in E-Verify who receive an 
    E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must 
    promptly inform employees of the TNC and give such employees an 
    opportunity to contest the TNC. A TNC case result means that the 
    information entered into E-Verify from Employment Eligibility 
    Verification (Form I-9) differs from Federal or state government 
    records.
        Employers may not terminate, suspend, delay training, withhold pay, 
    lower pay or take any adverse action against an employee based on the 
    employee's decision to contest a TNC or because the case is still 
    pending with E-Verify. A Final Nonconfirmation (FNC) case result is 
    received when E-Verify cannot confirm 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 
    who believes he or she was discriminated against by an employer in the 
    E-Verify process based on citizenship or immigration status, or based 
    on national origin, may contact OSC's Worker Information Hotline at 
    800-255-7688 (TTY 800-237-2515). Additional information about proper 
    nondiscriminatory Employment Eligibility Verification (Form I-9) and E-
    Verify procedures is available on the OSC Web site at http://www.justice.gov/crt/about/osc/ and the USCIS Web site at http://www.dhs.gov/E-verify.
    
    Note Regarding Federal, State, and Local Government Agencies (Such as 
    Departments of Motor Vehicles)
    
        While Federal Government agencies must follow the guidelines laid 
    out by the Federal Government, State and local government agencies 
    establish their own rules and guidelines when granting certain 
    benefits. Each State may have different laws, requirements, and 
    determinations about what documents you need to provide to prove 
    eligibility for certain benefits. Whether you are applying for a 
    Federal, State, or local government benefit, you may need to provide 
    the government agency with documents that show you are a TPS 
    beneficiary and/or show you are authorized to work based on TPS. 
    Examples are:
        (1) Your EAD that has a valid expiration date;
        (2) A copy of your Notice of Action (Form I-797C) showing approval 
    for TPS, if you receive one from USCIS.
        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 confirm 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. 2015-21881 Filed 9-2-15; 8:45 am]
     BILLING CODE 9111-97-P
    
    
    
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