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  • News: USCIS, DHS Notice of Extension of the Designation of El Salvador for Temporary Protected Status

    [Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
    [Notices]
    [Pages 44645-44651]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2016-15802]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF HOMELAND SECURITY
    
    U.S. Citizenship and Immigration Services
    
    [CIS No. 2584-16; DHS Docket No. USCIS-2007-0028]
    RIN 1615-ZB53
    
    
    Extension of the Designation of El Salvador 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 El Salvador for Temporary Protected Status 
    (TPS) for 18 months from September 10, 2016 through March 9, 2018.
        The extension allows currently eligible TPS beneficiaries to retain 
    TPS through March 9, 2018, so long as they otherwise continue to meet 
    the eligibility requirements for TPS. The Secretary has determined that 
    an extension is warranted because the conditions in El Salvador 
    supporting the TPS designation continue to be met. There continues to 
    be a substantial, but temporary, disruption of living conditions in El 
    Salvador resulting from a series of earthquakes in 2001, and El 
    Salvador remains unable, temporarily, to handle adequately the return 
    of its nationals.
        Through this Notice, DHS also sets forth procedures necessary for 
    nationals of El Salvador (or aliens having no nationality who last 
    habitually resided in El Salvador) to re-register for TPS and to apply 
    for renewal of their Employment Authorization Documents (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 El Salvador and whose applications have been granted. 
    Certain nationals of El Salvador
    
    [[Page 44646]]
    
    (or aliens having no nationality who last habitually resided in El 
    Salvador) who have not previously applied for TPS may be eligible to 
    apply under the late initial registration provisions, if they meet: (1) 
    At least one of the late initial filing criteria; and, (2) all TPS 
    eligibility criteria (including continuous residence in the United 
    States since February 13, 2001, and continuous physical presence in the 
    United States since March 9, 2001).
        For individuals who have already been granted TPS under the El 
    Salvador designation, the 60-day re-registration period runs from July 
    8, 2016 through September 6, 2016. USCIS will issue new EADs with a 
    March 9, 2018 expiration date to eligible El Salvador TPS beneficiaries 
    who timely re-register and apply for EADs under this extension. Given 
    the timeframes involved with processing TPS re-registration 
    applications, DHS recognizes that not all re-registrants will receive 
    new EADs before their current EADs expire on September 9, 2016. 
    Accordingly, through this Notice, DHS automatically extends the 
    validity of EADs issued under the TPS designation of El Salvador for 6 
    months, through March 9, 2017, and explains how TPS beneficiaries and 
    their employers may determine which EADs are automatically extended and 
    their impact on Employment Eligibility Verification (Form I-9) and the 
    E-Verify processes.
    
    DATES: The 18-month extension of the TPS designation of El Salvador is 
    effective September 10, 2016, and will remain in effect through March 
    9, 2018. The 60-day re-registration period runs from July 8, 2016 
    through September 6, 2016. (Note: It is important for re-registrants to 
    timely re-register during this 60-day re-registration period and not to 
    wait until their EADs expire.)
    
    FOR FURTHER INFORMATION CONTACT: 
         For further information on TPS, including guidance on the 
    application process and additional information on eligibility, please 
    visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find 
    specific information about this extension of El Salvador for TPS by 
    selecting ``El Salvador'' from the menu on the left of the TPS Web 
    page.
         You can also contact Jerry Rigdon, Chief of 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). Service is available 
    in English and Spanish.
         Further information will also be available at local USCIS 
    offices upon publication of this Notice.
    
    SUPPLEMENTARY INFORMATION: 
    
    Table of Abbreviations
    
    BIA--Board of Immigration Appeals
    DHS--Department of Homeland Security
    DOS--Department of State
    EAD--Employment Authorization Document
    FNC--Final Nonconfirmation
    GDP--Gross Domestic Product
    Government--U.S. Government
    IJ--Immigration Judge
    INA--Immigration and Nationality Act
    OSC--U.S. Department of Justice, Office of Special Counsel for 
    Immigration-Related Unfair Employment Practices
    SAVE--USCIS Systematic Alien Verification for Entitlements Program
    Secretary--Secretary of Homeland Security
    TNC--Tentative Nonconfirmation
    TPS--Temporary Protected Status
    TTY--Text Telephone
    USCIS--U.S. Citizenship and Immigration Services
    
    What is Temporary Protected Status (TPS)?
    
         TPS is a temporary immigration status granted to eligible 
    nationals of a country designated for TPS under the Immigration and 
    Nationality Act (INA), or to persons without nationality who last 
    habitually resided in the designated country.
         During the TPS designation period, TPS beneficiaries are 
    eligible to remain in the United States, may not be removed, and are 
    authorized to work and obtain EADs, so long as they continue to meet 
    the requirements of TPS.
         TPS beneficiaries may also be granted travel authorization 
    as a matter of discretion.
         The granting of TPS does not result in or lead to 
    permanent resident status.
         When the Secretary terminates a country's TPS designation 
    through a separate Federal Register Notice, beneficiaries return to the 
    same immigration status they maintained before TPS, if any (unless that 
    status has since expired or been terminated), or to any other lawfully 
    obtained immigration status they received while registered for TPS.
    
    When was El Salvador designated for TPS?
    
        On March 9, 2001, the Attorney General designated El Salvador for 
    TPS based on an environmental disaster within that country, 
    specifically the devastation resulting from a series of earthquakes 
    that occurred in 2001. See Designation of El Salvador Under Temporary 
    Protected Status, 66 FR 14214 (Mar. 9, 2001). The Secretary last 
    announced an extension of TPS for El Salvador on January 7, 2015, based 
    on his determination that the conditions warranting the designation 
    continued to be met. See Extension of the Designation of El Salvador 
    for Temporary Protected Status, 80 FR 893 (January 7, 2015). This 
    announcement is the eleventh extension of TPS for El Salvador since the 
    original designation in 2001.
    
    What authority does the Secretary of Homeland Security have to extend 
    the designation of El Salvador for TPS?
    
        Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
    Secretary, after consultation with appropriate U.S. Government 
    agencies, to designate a foreign state (or part thereof) for TPS if the 
    Secretary finds that certain country conditions exist.\1\ The Secretary 
    may then grant TPS to eligible nationals of that foreign state (or 
    aliens having no nationality who last habitually resided in that 
    state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
    ---------------------------------------------------------------------------
    
        \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 and 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).
    
    [[Page 44647]]
    
    Why is the Secretary extending the TPS designation for El Salvador 
    through March 9, 2018?
    
        DHS and the Department of State (DOS) have reviewed conditions in 
    El Salvador. Based on these reviews and after consulting with DOS, the 
    Secretary has determined that an 18-month extension is warranted 
    because the conditions supporting El Salvador's 2001 designation for 
    TPS persist.
        El Salvador was originally designated for TPS following two 
    separate earthquakes in 2001. The first earthquake, on January 13, 
    registered 7.6 in magnitude on the standard seismic scale; the second, 
    on February 13, measured 6.6 in magnitude. Over 3,000 aftershocks hit 
    El Salvador in the aftermath of the earthquakes, including those with 
    5.1 and 5.6 magnitudes in late February 2001.
        Together, the earthquakes killed over 1,000 people, caused 
    approximately 8,000 injuries, and affected approximately 1.5 million 
    people. Of 262 municipalities in El Salvador, 165 suffered serious 
    damage in the first quake. The earthquakes caused significant damage to 
    transportation infrastructure, housing, education and health services, 
    small and medium businesses, and the environment.
        Recovery from the earthquakes has been slow and encumbered by 
    subsequent natural disasters and environmental challenges, including 
    hurricanes and tropical storms, heavy rains and flooding, volcanic and 
    seismic activity, an ongoing coffee rust epidemic, and a prolonged 
    regional drought that is impacting food security. The regional drought 
    currently affecting El Salvador has made the country the driest it has 
    been in 35 years. The drought is projected to cause more than $400 
    million in losses from corn, beans, coffee, sugar cane, livestock, and 
    vegetables, resulting in subsistence farmers facing malnutrition and 
    pressure to migrate. Due to the drought and a regional coffee rust 
    epidemic, coffee production for the 2015-2016 harvest is projected to 
    be 30-percent lower than the previous season, and the U.S. Department 
    of Agriculture expects next year's harvests to be the smallest in 80 
    years. Further, environmental and social conditions have contributed to 
    an outbreak of mosquito borne illnesses, including chikungunya and 
    dengue.
        Although progress has been made in repairing physical damage caused 
    by the 2001 earthquakes, infrastructure challenges remain. El Salvador 
    faces a housing deficit of approximately 630,000 houses, created in 
    part because 340,000 homes destroyed in the 2001 earthquakes still have 
    not been rebuilt. A lack of potable water and electricity remain 
    serious problems; more than 10 percent of El Salvador's total 
    population lacks access to potable water. Water contamination and 
    shortages are of particular concern in the San Salvador metropolitan 
    area, where they have affected the day-to-day activities of the 
    population and have reportedly led to conflicts over water. In March 
    2016, extortion demands from gangs caused an almost weeklong temporary 
    bottled water shortage and halting of some water deliveries in San 
    Salvador. Insecurity and water shortages have contributed to increased 
    inflation, which is generally low due to El Salvador's dollarized 
    economy.
        Increasing violence and insecurity is also a major constraint to 
    economic growth. According to a study released in April 2016 by El 
    Salvador's Central Bank and the United Nations Development Program, 
    Salvadoran citizens paid $756 million in extortion payments to gangs in 
    2014, representing about three percent of Gross Domestic Product (GDP). 
    The study estimates the total cost of violence, including the amount 
    households spend on extra security and the lost income from people 
    deterred from working, is nearly 16 percent of GDP, the highest level 
    in Central America. Hampered by limited financial resources, the 
    government continues to struggle to respond adequately to increasing 
    levels of crime, and there is little confidence the security situation 
    will improve in the short term.
        The fiscal, unemployment, and security situations in El Salvador 
    also remain poor. El Salvador's economy is experiencing significant 
    challenges. Around a third of the country's work force is underemployed 
    or unable to find full-time work. In 2014, almost a third of all 
    Salvadorans (31.9 percent) lived in poverty. Murder, extortion, and 
    robbery rates are high, and the government struggles to respond 
    adequately to crime, including significant criminal gang activity. The 
    police suffer from insufficient staffing, corruption, and inadequate 
    training. The judicial system is also weak, with a low criminal 
    conviction rate and high levels of corruption, creating an environment 
    of impunity.
        Based upon this review and after consultation with appropriate U.S. 
    Government agencies, the Secretary finds that:
         The conditions supporting the March 9, 2001 designation of 
    El Salvador for TPS continue to be met. See INA sections 244(b)(1)(B), 
    (b)(3)(A) and (C), 8 U.S.C. 1254a(b)(1)(B), (b)(3)(A) and (C).
         There continues to be a substantial, but temporary, 
    disruption of living conditions in El Salvador as a result of an 
    environmental disaster. See INA section 244(b)(1)(B)(i), 8 U.S.C. 
    1254a(b)(1)(B)(i).
         El Salvador continues to be unable, temporarily, to handle 
    adequately the return of its nationals (or aliens having no nationality 
    who last habitually resided in El Salvador). See INA section 
    244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii).
         The designation of El Salvador for TPS should be extended 
    for an additional 18-month period from September 10, 2016 through March 
    9, 2018. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
         There are approximately 195,000 current El Salvador TPS 
    beneficiaries who are expected to file for re-registration and may be 
    eligible to retain their TPS under the extension.
    
    Notice of Extension of the TPS Designation of El Salvador
    
        By the authority vested in me as Secretary under INA section 244, 8 
    U.S.C. 1254a, I have determined, after consultation with the 
    appropriate U.S. Government agencies, that the conditions that prompted 
    the designation of El Salvador for TPS in 2001 continue to be met. See 
    INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this 
    determination, I am extending the designation of El Salvador for TPS 
    for 18 months from September 10, 2016, through March 9, 2018. See INA 
    sections 244(b)(2) and (b)(3), 8 U.S.C. 1254a(b)(2) and (b)(3).
    
    Jeh Charles Johnson,
    Secretary.
    
    Required Application Forms and Application Fees To Register or Re-
    Register for TPS
    
        To register or re-register for TPS based on the designation of El 
    Salvador, an applicant must submit each of the following two 
    applications:
        1. Application for Temporary Protected Status (Form I-821).
         If you are filing an application for late initial 
    registration, you must pay the fee for the Application for Temporary 
    Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and 
    information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
         If you are filing an application for re-registration, you 
    do not need to pay the fee for the Application for
    
    [[Page 44648]]
    
    Temporary Protected Status (Form I-821). See 8 CFR 244.17. and
        2. Application for Employment Authorization (Form I-765).
         If you are applying for late initial registration and want 
    an EAD, you must pay the fee for the Application for Employment 
    Authorization (Form I-765) only if you are age 14 through 65. No fee 
    for the Application for Employment Authorization (Form I-765) is 
    required if you are under the age of 14 or are 66 and older and 
    applying for late initial registration.
         If you are applying for re-registration, you must pay the 
    fee for the Application for Employment Authorization (Form I-765) only 
    if you want an EAD, regardless of age.
         You do not pay the fee for the Application for Employment 
    Authorization (Form I-765) if you are not requesting an EAD, regardless 
    of whether you are applying for late initial registration or re-
    registration.
        You must submit both completed application forms together. If you 
    are unable to pay for the Application for Employment Authorization 
    (Form I-765) and/or biometrics fee, you may apply for a fee waiver by 
    completing a Request for Fee Waiver (Form I-912) or submitting a 
    personal letter requesting a fee waiver, and by providing satisfactory 
    supporting documentation. For more information on the application forms 
    and fees for TPS, please visit the USCIS TPS Web page at http://www.uscis.gov/tps. Fees for the Application for Temporary Protected 
    Status (Form I-821), the Application for Employment Authorization (Form 
    I-765), and biometric services are also described in 8 CFR 
    103.7(b)(1)(i).
    
    Biometric Services Fee
    
        Biometrics (such as fingerprints) are required for all applicants 
    14 years of age or older. Those applicants must submit a biometric 
    services fee. As previously stated, if you are unable to pay for the 
    biometric services fee, you may apply for a fee waiver by completing a 
    Request for Fee Waiver (Form I-912) or by submitting a personal letter 
    requesting a fee waiver, and providing satisfactory supporting 
    documentation. For more information on the biometric services fee, 
    please visit the USCIS Web site at http://www.uscis.gov. If necessary, 
    you may be required to visit an Application Support Center to have your 
    biometrics captured.
    
    Re-Filing a Re-Registration TPS Application After Receiving a Denial of 
    a Fee Waiver Request
    
        USCIS urges all re-registering applicants to file as soon as 
    possible within the 60-day re-registration period so that USCIS can 
    process the applications and issue EADs promptly. Filing early will 
    also allow those applicants who may receive denials of their fee waiver 
    requests to have time to re-file their applications before the re-
    registration deadline. If, however, an applicant receives a denial of 
    his or her fee waiver request and is unable to re-file by the re-
    registration deadline, the applicant may still re-file his or her 
    application. This situation will be reviewed to determine whether the 
    applicant has established good cause for late re-registration. However, 
    applicants are urged to re-file within 45 days of the date on their 
    USCIS fee waiver denial notice, if at all possible. See INA section 
    244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more 
    information on good cause for late re-registration, visit the USCIS TPS 
    Web page at http://www.uscis.gov/tps. Note: As previously stated, 
    although a re-registering TPS beneficiary age 14 and older must pay the 
    biometric services fee (but not the initial TPS application fee) when 
    filing a TPS re-registration application, the applicant may decide to 
    wait to request an EAD, and therefore not pay the Application for 
    Employment Authorization (Form I-765) fee, until after USCIS has 
    approved the individual's TPS re-registration, if he or she is 
    eligible. If you choose to do this, you would file the Application for 
    Temporary Protected Status (Form I-821) with the fee and the 
    Application for Employment Authorization (Form I-765) without the fee 
    and without requesting an EAD.
    
    Mailing Information
    
        Mail your application for TPS to the proper address in Table 1.
    
                           Table 1--Mailing Addresses
    ------------------------------------------------------------------------
                    If . . .                          Mail to . . .
    ------------------------------------------------------------------------
    Are applying for re-registration and     U.S. Postal Service: U.S.
     you live in the following states/        Citizenship and Immigration
     territories:                             Services, Attn: TPS El
                                              Salvador, P.O. Box 660864,
                                              Dallas, TX 75266.
    Alabama, Alaska, American Samoa,         Non-U.S. Postal Delivery
     Arkansas, Colorado, Guam, Hawaii,        Service: U.S. Citizenship and
     Idaho, Iowa, Kansas, Louisiana,          Immigration Services, Attn:
     Minnesota, Mississippi, Missouri,        TPS El Salvador, 2501 S. State
     Montana, Nebraska, New Mexico, New       Highway, 121 Business Suite
     York, North Dakota, Northern Mariana     400, Lewisville, TX 75067.
     Islands, Oklahoma, Puerto Rico, South
     Dakota, Tennessee, Texas, Utah, Virgin
     Islands, Wisconsin, Wyoming.
    ------------------------------------------------------------------------
    Are applying for re-registration and     U.S. Postal Service: U.S.
     you live in the following states/        Citizenship and Immigration
     territories:                             Services, Attn: TPS El
                                              Salvador, P.O. Box 8635,
                                              Chicago, IL 60680-8635.
    Connecticut, Delaware, Florida,          Non-U.S. Postal Delivery
     Georgia, Illinois, Indiana, Kentucky,    Service: U.S. Citizenship and
     Maine, Maryland, Massachusetts,          Immigration Services, Attn:
     Michigan, New Hampshire, New Jersey,     TPS El Salvador, 131 S.
     North Carolina, Ohio, Pennsylvania,      Dearborn--3rd Floor, Chicago,
     Rhode Island, South Carolina, Vermont,   IL 60603-5517.
     Virginia, Washington D.C., West
     Virginia.
    ------------------------------------------------------------------------
    Are applying for re-registration and     U.S. Postal Service: U.S.
     you live in the following states:        Citizenship and Immigration
                                              Services, Attn: TPS El
                                              Salvador, P.O. Box 21800,
                                              Phoenix, AZ 85036.
    Arizona, California, Nevada, Oregon,     Non-U.S. Postal Delivery
     Washington.                              Service: U.S. Citizenship and
                                              Immigration Services, Attn:
                                              TPS El Salvador, 1820 E.
                                              Skyharbor Circle S, Suite 100,
                                              Phoenix, AZ 85034.
    ------------------------------------------------------------------------
    Are applying for the first time as a     U.S. Postal Service: U.S.
     late initial registration (this is for   Citizenship and Immigration
     all states/territories)                  Services, Attn: TPS El
                                              Salvador, P.O. Box 8635,
                                              Chicago, IL 60680-8635.
                                             Non-U.S. Postal Delivery
                                              Service: U.S. Citizenship and
                                              Immigration Services, Attn:
                                              TPS El Salvador, 131 S.
                                              Dearborn--3rd Floor, Chicago,
                                              IL 60603-5517.
    ------------------------------------------------------------------------
    
    
    [[Page 44649]]
    
        If you were granted TPS by an Immigration Judge (IJ) or the Board 
    of Immigration Appeals (BIA), and you wish to request an EAD, or are 
    re-registering for the first time following a grant of TPS by an IJ or 
    the BIA, please mail your application to the appropriate address in 
    Table 1. When submitting a re-registration application and/or 
    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 aid in the verification of your grant of TPS and processing 
    of your application, as USCIS may not have received records of your 
    grant of TPS by either the IJ or the BIA.
    
    E-Filing
    
        You cannot electronically file your application when re-registering 
    or submitting an initial registration for El Salvador TPS. Please mail 
    your application to the mailing address listed in Table 1.
    
    Supporting Documents
    
        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 or registering for 
    TPS on the USCIS Web site at www.uscis.gov/tps under ``El Salvador.''
    
    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.
    
    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 a request for an EAD, you can check Case Status 
    Online 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.
    
    Am I eligible to receive an automatic 6-month extension of my current 
    EAD through March 9, 2017?
    
        Provided that you currently have TPS under the designation of El 
    Salvador, this Notice automatically extends your EAD by 6 months if 
    you:
         Are a national of El Salvador (or an alien having no 
    nationality who last habitually resided in El Salvador);
         Received an EAD under the last extension of TPS for El 
    Salvador; and
         Have an EAD with a marked expiration date of September 9, 
    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 March 
    9, 2017, you must re-register timely for TPS in accordance with the 
    procedures described in this Notice if you would like to maintain your 
    TPS.
    
    When hired, what documentation may I show to my employer as proof of 
    employment authorization and identity when completing Employment 
    Eligibility Verification (Form I-9)?
    
        You can find a list of acceptable document choices on the ``Lists 
    of Acceptable Documents'' for Employment Eligibility Verification (Form 
    I-9). You can find additional detailed information on the USCIS I-9 
    Central Web page at http://www.uscis.gov/I-9Central. Employers are 
    required to verify the identity and employment authorization of all new 
    employees by using Employment Eligibility Verification (Form I-9). 
    Within 3 days of hire, an employee must present proof of identity and 
    employment authorization to his or her employer.
        You may present any document from List A (reflecting both your 
    identity and employment authorization) or one document from List B 
    (reflecting identity) together with one document from List C 
    (reflecting employment authorization). Or you may present an acceptable 
    receipt for List A, List B, or List C documents as described in the 
    Employment Eligibility Verification (Form I-9) Instructions. An EAD is 
    an acceptable document under ``List A.'' Employers may not reject a 
    document based on a future expiration date.
        If your EAD has an expiration date of September 9, 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 March 9, 2017 (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 March 9, 2017. You 
    may also show your employer a copy of this Federal Register Notice 
    confirming the automatic extension of employment authorization through 
    March 9, 2017. As an alternative to presenting 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 show my employer if I am already employed but 
    my current TPS-related EAD is set to expire?
    
        Even though EADs with an expiration date of September 9, 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 
    September 9, 2016, is reached to meet its responsibilities for 
    Employment Eligibility Verification (Form I-9). Your employer may need 
    to reinspect your automatically extended EAD to check the expiration 
    date and code to record the updated expiration date on your Form I-9 if 
    he or she did not keep a copy of this EAD when you initially presented 
    it. However, your employer does not need a new document to reverify 
    your employment authorization until March 9, 2017, the expiration date 
    of the automatic extension. Instead, you and your employer must make 
    corrections to the employment authorization expiration dates in Section 
    1 and Section 2 of Employment Eligibility Verification (Form I-9) (see 
    the subsection titled ``What corrections should my current employer and 
    I make to Employment Eligibility Verification (Form I-9) if my EAD has 
    been automatically extended?'' for further information). In addition, 
    you may also show this Federal Register Notice to your employer to 
    explain what to do for Employment Eligibility Verification (Form I-9).
        By March 9, 2017, the expiration date of the automatic extension, 
    your employer must reverify your
    
    [[Page 44650]]
    
    employment authorization. At that time, you must present any document 
    from List A or any document from List C on Employment Eligibility 
    Verification (Form I-9) to reverify employment authorization, or an 
    acceptable List A or List C receipt described in the Employment 
    Eligibility Verification (Form I-9) Instructions. Your employer should 
    complete either Section 3 of the Employment Eligibility Verification 
    (Form I-9) originally completed for you or, if this Section has already 
    been completed or if the version of Employment Eligibility Verification 
    (Form I-9) has expired (check the date in the upper right-hand corner 
    of the form), complete Section 3 of a new Employment Eligibility 
    Verification (Form I-9) using the most current version. Note that 
    employers may not specify which List A or List C document employees 
    must present, and cannot reject an acceptable receipt.
    
    Can my employer require that I produce any other documentation to prove 
    my status, such as proof of my Salvadoran citizenship?
    
        No. When completing Employment Eligibility Verification (Form I-9), 
    including re-verifying employment authorization, employers must accept 
    any documentation that appears on the ``Lists of Acceptable Documents'' 
    for Employment Eligibility Verification (Form I-9) that reasonably 
    appears to be genuine and that relates to you or an acceptable List A, 
    List B, or List C receipt. Employers may not request documentation that 
    does not appear on the ``Lists of Acceptable Documents.'' Therefore, 
    employers may not request proof of Salvadoran citizenship 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. If presented with EADs that have 
    been automatically extended, employers should accept such EADs as valid 
    List A documents so long as the EADs reasonably appear to be genuine 
    and to relate to the employee. Refer to the Note to Employees section 
    of this Notice for important information about your rights if your 
    employer rejects lawful documentation, requires additional 
    documentation, or otherwise discriminates against you based on your 
    citizenship or immigration status, or your national origin.
    
    What happens after March 9, 2017, for purposes of employment 
    authorization?
    
        After March 9, 2017, 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 March 9, 2018, and can be presented to your employer for 
    completion of Employment Eligibility Verification (Form I-9). 
    Alternatively, you may choose to present any other legally acceptable 
    document or combination of documents listed on the Employment 
    Eligibility Verification (Form I-9).
    
    How do my employer and I complete Employment Eligibility Verification 
    (Form I-9) using an automatically extended EAD for a new job?
    
        When using an automatically extended EAD to complete Employment 
    Eligibility Verification (Form I-9) for a new job prior to March 9, 
    2017, you and your employer should do the following:
        1. For Section 1, you should:
        a. Check ``An alien authorized to work;''
        b. Write your alien number (USCIS number or A-number) in the first 
    space (your EAD or other document from DHS will have your USCIS number 
    or A-number printed on it; the USCIS number is the same as your A-
    number without the A prefix); and
        c. Write the automatically extended EAD expiration date (March 9, 
    2017) in the second space.
        2. For Section 2, employers should record the:
        a. Document title;
        b. Document number; and
        c. Automatically extended EAD expiration date (March 9, 2017).
        By March 9, 2017, 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 need to reinspect your 
    automatically extended EAD if your employer does not have a copy 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 second space;
        b. Write ``March 9, 2017'' above the previous date;
        c. Write ``TPS Ext.'' in the margin of Section 1; and
        d. Initial and date the correction in the margin of Section 1.
        2. For Section 2, employers should:
        a. Draw a line through the expiration date written in Section 2;
        b. Write ``March 9, 2017'' above the previous date;
        c. Write ``TPS Ext.'' in the margin of Section 2; and
        d. Initial and date the correction in the margin of Section 2.
        By March 9, 2017, 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?
    
        E-Verify automated the verification process for employees whose TPS 
    status was automatically extended in a Federal Register Notice. If 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 the auto-
    extension period for this EAD is about to expire. By March 9, 2017, you 
    must reverify employment authorization in Section 3. 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 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.
    
    [[Page 44651]]
    
    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 Federal or State government 
    records.
        Employers may not terminate, suspend, delay training, withhold pay, 
    lower pay or take any adverse action against an employee based on the 
    employee's decision to contest a TNC or because the case is still 
    pending with E-Verify. A Final Nonconfirmation (FNC) case result is 
    received when E-Verify cannot verify an employee's employment 
    eligibility. An employer may terminate employment based on a case 
    result of FNC. Work-authorized employees who receive an FNC may call 
    USCIS for assistance at 888-897-7781 (TTY 877-875-6028). An employee 
    that believes he or she was discriminated against by an employer in the 
    E-Verify process based on citizenship or immigration status, or based 
    on national origin, may contact OSC's Worker Information Hotline at 
    800-255-7688 (TTY 800-237-2515). Additional information about proper 
    nondiscriminatory Employment Eligibility Verification (Form I-9) and E-
    Verify procedures is available on the OSC Web site at http://www.justice.gov/crt/about/osc/ and the USCIS Web site at http://www.dhs.gov/E-verify.
    
    Note Regarding Federal, State, and Local Government Agencies (Such as 
    Departments of Motor Vehicles)
    
        While Federal Government agencies must follow the guidelines laid 
    out by the Federal Government, State and local government agencies 
    establish their own rules and guidelines when granting certain 
    benefits. Each State may have different laws, requirements, and 
    determinations about what documents you need to provide to prove 
    eligibility for certain benefits. Whether you are applying for a 
    Federal, State, or local government benefit, you may need to provide 
    the government agency with documents that show you are a TPS 
    beneficiary and/or show you are authorized to work based on TPS. 
    Examples are:
        (1) Your unexpired EAD that has been automatically extended or your 
    EAD that has not expired;
        (2) A copy of this Federal Register Notice if your EAD is 
    automatically extended under this Notice;
        (3) A copy of your Application for Temporary Protected Status 
    Notice of Action (Form I-797) for this re-registration;
        (4) A copy of your past or current Application for Temporary 
    Protected Status Notice of Action (Form I-797), if you received one 
    from USCIS; and/or
        (5) If there is an automatic extension of work authorization, a 
    copy of the fact sheet from the USCIS TPS Web site that provides 
    information on the automatic extension.
        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 ``For Benefit Applicants'' from the menu on the left and 
    selecting ``Questions about your Records?''
    
    [FR Doc. 2016-15802 Filed 7-7-16; 8:45 am]
    BILLING CODE 9111-97-P
    
    
    
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