Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE





The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

  • News: DHS Publishes Notice On Extension of the Designation of Somalia for Temporary Protected Status

    [Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
    [Notices]
    [Pages 4905-4911]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2016-31861]

    -----------------------------------------------------------------------

    DEPARTMENT OF HOMELAND SECURITY

    U.S. Citizenship and Immigration Services

    [CIS No. 2593-16; DHS Docket No. USCIS-2015-USCIS-2013-0006]
    RIN 1615-ZB62

    Extension of the Designation of Somalia for Temporary Protected
    Status

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

    ACTION: Notice.

    -----------------------------------------------------------------------

    SUMMARY: The Department of Homeland Security (DHS) announces that the
    Secretary of Homeland Security (Secretary) is extending the designation
    of Somalia for Temporary Protected Status (TPS) for a period of 18
    months, effective March 18, 2017 through September 17, 2018. This
    extension allows eligible Somali nationals (and aliens having no
    nationality who last habitually resided in Somalia) to retain TPS
    through September 17, 2018, so long as they otherwise continue to meet
    the eligibility requirements for TPS. The Secretary has determined that
    an extension is warranted because conditions in Somalia supporting its
    designation for TPS continue to be met. Through this Notice, DHS also
    sets forth procedures necessary for nationals of Somalia (or aliens
    having no nationality who last habitually resided in Somalia) to re-
    register for TPS and to apply for renewal of their Employment
    Authorization Documents (EAD) with U.S. Citizenship and Immigration
    Services (USCIS).

    DATES: The 18-month extension of the TPS designation of Somalia is
    effective as of March 18, 2017, and will remain in effect through
    September 17, 2018. The 60-day re-registration period runs from January
    17, 2017 through March 20, 2017. Note: It is important for re-
    registrants to timely re-register during this 60-day 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 the extension of Somalia's designation for
    TPS by selecting ``Somalia'' from the menu on the left side of the TPS
    Web page.
    You can also contact Guillermo Roman-Riefkohl, TPS Program
    Manager, 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
    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
    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 aliens 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.

    [[Page 4906]]

    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.
    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 and why was Somalia designated for TPS?

    On September 16, 1991, the Attorney General designated Somalia for
    TPS based on extraordinary and temporary conditions. See 56 FR 46804
    (Sept. 16, 1991). The initial designation was extended nine times based
    on determinations that the conditions warranting the designation
    continued to be met. On September 4, 2001, the Attorney General
    extended Somalia's TPS designation for a tenth time and redesignated
    Somalia for TPS. See 66 FR 46288 (Sept. 4, 2001). Under the 2001
    redesignation, the Attorney General revised the date from which
    applicants had to show they had been ``continuously residing'' in and
    ``continuously physically present'' in the United States to September
    4, 2001. Somalia's TPS designation was subsequently extended nine
    additional times, including on May 1, 2012, when the Secretary both
    extended and redesignated Somalia for TPS and added ongoing armed
    conflict as an additional basis for Somalia's TPS designation. Under
    the 2012 redesignation, the Secretary revised the ``continuous
    residence'' date to May 1, 2012, and the ``continuous physical
    presence'' date to September 18, 2012. See 77 FR 25723 (May 1, 2012).
    This announcement is the third extension of the Somalia designation for
    TPS since the 2012 extension and redesignation.

    What is the effect of this extension of Somalia's designation for TPS?

    This extension of Somalia's designation for TPS allows eligible
    Somali nationals (and aliens having no nationality who last habitually
    resided in Somalia) who currently hold TPS to retain it through
    September 17, 2018, so long as they otherwise continue to meet the
    eligibility requirements for TPS. Current beneficiaries who wish to
    maintain their TPS should file a re-registration application with
    USCIS. They may also apply for renewal of their EADs.
    Re-registration is limited to persons who have previously
    registered for TPS under the designation of Somalia and whose
    applications have been granted. Certain nationals of Somalia (or aliens
    having no nationality who last habitually resided in Somalia) 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 May 1, 2012,
    and continuous physical presence in the United States since September
    18, 2012).
    For individuals who have already been granted TPS under Somalia's
    designation, the 60-day re-registration period runs from January 17,
    2017 through March 20, 2017. USCIS will issue new EADs with a September
    17, 2018 expiration date to eligible Somalia 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 March 17, 2017. Accordingly, through this
    Notice, DHS automatically extends the validity of EADs issued under the
    TPS designation of Somalia for 6 months, through September 17, 2017,
    and explains how TPS beneficiaries and their employers may determine
    which EADs are automatically extended and their impact on the
    Employment Eligibility Verification (Form I-9) and E-Verify processes.

    What authority does the Secretary have to extend the designation of
    Somalia 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\ 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 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).
    ---------------------------------------------------------------------------

    \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).
    ---------------------------------------------------------------------------

    Why is the Secretary extending the TPS designation for Somalia through
    September 17, 2018?

    DHS, in consultation with the Department of State, has conducted a
    thorough review of conditions in Somalia. Based on this review, the
    Secretary has determined that an 18-month extension of Somalia's
    designation for TPS is warranted because the conditions that supported
    its 2012 redesignation--(1) ongoing armed conflict and (2)
    extraordinary and temporary conditions that prevent Somali nationals
    from returning to Somalia in safety--continue to exist. The Secretary
    has further determined that permitting eligible Somali nationals to
    remain temporarily in the United States is not contrary to the national
    interest of the United States.
    The security situation in Somalia remains fragile and volatile,
    with much of Somalia in a state of ongoing armed conflict between
    government forces, clan militia, African Union troops, and al-Shabaab.
    Al-Shabaab controls large swaths of territory in southern Somalia and
    conducts frequent asymmetric attacks on military and civilian targets
    in government-controlled areas. Additionally, some parts of the country
    not under al-Shabaab control experience high levels of insecurity due
    to inter- and intra-clan conflict. Members of minority clans are
    systematically marginalized, abused, and sometimes killed by members of
    larger clans. Minority clan members have also been largely displaced
    from their original territories in Somalia, and members of those clans
    who return to Somalia may find themselves in displaced persons camps.
    Individuals living in informal camps for displaced persons have been
    subjected to serious abuses, including rape, physical attacks,
    restricted access to humanitarian assistance, and clan-based
    discrimination.

    [[Page 4907]]

    Somalia continues to experience a complex protracted emergency that
    is one of the worst humanitarian crises in the world. Approximately 5
    million people (over 40 percent of the total population of around 11
    million) are in need of humanitarian assistance, and there are an
    estimated 1.1 million internally displaced persons. Malnutrition rates
    in Somalia are among the highest in the world, with an estimated one
    million people experiencing acute food insecurity. The 2015-2016 El
    Ni[ntilde]o phenomenon has intensified extensive flooding and severe
    drought, with the drought conditions contributing to deteriorating food
    security in northern areas of the country. Non-permanent water sources,
    such as dams and streams are drying up, driving up the price of water.
    Vulnerable households are forced to consume unsafe water because they
    are unable to pay the high cost.
    Approximately 3.2 million people in Somalia lack sufficient access
    to emergency health care services, and about 1.9 million people are at
    risk of dying of preventable diseases due to lack of access to primary
    health care services. The maternal mortality rate in Somalia is among
    the highest in the world. Due to the drought, health facilities have
    seen an increase in waterborne communicable diseases, as the only
    available remaining water sources are shared by humans and livestock.
    Health facilities have also recorded an increased incidence of diseases
    associated with a lack of water and poor hygiene, namely skin diseases,
    respiratory infections, and febrile illnesses.
    Based upon DHS's review of conditions in Somalia and after
    consultation with appropriate Government agencies, the Secretary has
    determined that:
    The conditions that prompted the May 1, 2012 redesignation
    of Somalia for TPS continue to be met. See INA section 244(b)(1)(A) and
    (C), (b)(3)(A) and (C); 8 U.S.C. 1254a(b)(1)(A) and (C), (b)(3)(A) and
    (C).
    There continues to be an ongoing armed conflict in Somalia
    and, due to such conflict, requiring the return of Somali nationals
    would pose a serious threat to their safety. See INA section
    244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
    There continue to be extraordinary and temporary
    conditions in Somalia that prevent Somali nationals from returning to
    Somalia 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 Somalis (and persons who have no nationality who last
    habitually resided in Somalia) 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 Somalia for TPS should be extended for
    an additional 18-month period from March 18, 2017 through September 17,
    2018. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

    Based on data from the last re-registration period, DHS expects
    approximately 250 beneficiaries under Somalia's TPS designation to file
    for re-registration under the extension.

    Notice of Extension of the TPS Designation of Somalia

    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 supporting the
    most recent designation of Somalia for Temporary Protected Status (TPS)
    on May 1, 2012 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 Somalia for TPS for 18 months from March
    18, 2017 through September 17, 2018. See INA section 244(b)(1)(A) and
    (C), (b)(2); 8 U.S.C. 1254a(b)(1)(A) and (C), (b)(2).

    Jeh Charles Johnson,
    Secretary.

    I am currently a Somalia TPS beneficiary. What should I do?

    If you are a current TPS beneficiary, then you need to file a re-
    registration application under the extension if you wish to maintain
    TPS benefits through September 17, 2018. You must use the Application
    for Temporary Protected Status (Form I-821) to re-register for TPS. The
    60-day open re-registration period will run from January 17, 2017
    through March 20, 2017.

    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
    Somalia, an applicant must submit each of the following two
    applications:
    1. Application for Temporary Protected Status (Form I-821).
    If you are filing an application for late initial
    registration, you must pay the fee for the Application for Temporary
    Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and
    information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
    If you are filing an application for re-registration, you
    do not need to pay the fee for the Application for Temporary Protected
    Status (Form I-821). See 8 CFR 244.17. and
    2. Application for Employment Authorization (Form I-765).
    If you are applying for late initial registration and want
    an EAD, you must pay the fee for the Application for Employment
    Authorization (Form I-765) only if you are age 14 through 65. No fee
    for the Application for Employment Authorization (Form I-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 biometric services fee, you may apply for a fee
    waiver by completing a Request for Fee Waiver (Form I-912) or submit a
    personal letter requesting a fee waiver, and provide 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.

    [[Page 4908]]

    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 you: Then mail your application to:
    ------------------------------------------------------------------------
    Would like to send your application by USCIS Attn: TPS Somalia, P.O.
    U.S. Postal Service. Box 6943, Chicago, IL 60680-
    6943.
    Would like to send your application by USCIS Attn: TPS Somalia, 131 S.
    non-U.S. Postal Service courier. Dearborn, 3rd Floor, Chicago,
    IL 60603-5517.
    ------------------------------------------------------------------------

    If you were granted TPS by an Immigration Judge (IJ) or the Board
    of Immigration Appeals (BIA), and you wish to request an EAD, please
    mail your application to the 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 of TPS and processing of your EAD
    application, as USCIS may not have received records of your grant of
    TPS by either the 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. Please mail
    your application packet 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 ``Somalia.''

    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 September 17, 2017?

    Provided that you currently have TPS under the designation of
    Somalia, this Notice automatically extends your EAD by 6 months if you:
    Are a national of Somalia (or an alien having no
    nationality who last habitually resided in Somalia);
    Have an EAD under the designation of TPS for Somalia with
    a marked expiration date of March 17, 2017, bearing the notation ``A-
    12'' or ``C-19'' on the face of the card under ``Category.''
    Although this Notice automatically extends your EAD through
    September 17, 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 Form I-9,
    Employment Eligibility Verification?

    You can find a list of acceptable document choices on the ``Lists
    of Acceptable Documents'' for 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 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). Alternatively, you may present
    an acceptable receipt for List A,

    [[Page 4909]]

    List B, or List C documents as described in the 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 March 17, 2017, 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 Form I-9 through September
    17, 2017 (see the subsection titled, ``How do my employer and I
    complete 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 September 17, 2017. You may
    also show your employer a copy of this Federal Register Notice
    confirming the automatic extension of employment authorization through
    September 17, 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 March 17, 2017, 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 17, 2017, is reached to meet its responsibilities for Form I-
    9 compliance. 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 September 17, 2017, the expiration date of the
    automatic extension. Instead, you and your employer must make
    corrections to the employment authorization expiration dates in
    Sections 1 and 2 of Form I-9 (see the subsection titled, ``What
    corrections should my current employer and I make to 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 Form I-9.
    By September 17, 2017, the expiration date of the automatic
    extension, your employer must reverify your employment authorization.
    At that time, you must present any document from List A or any document
    from List C on Form I-9 to reverify employment authorization, or an
    acceptable List A or List C receipt described in the Form I-9
    Instructions. Your employer should complete either Section 3 of the
    Form I-9 originally completed for you or, if this Section has already
    been completed or if the version of Form I-9 has expired (check the
    date in the upper right-hand corner of the form), complete Section 3 of
    the most current version of Form I-9. 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 Somali citizenship?

    No. When completing Form I-9, including re-verifying employment
    authorization, employers must accept any documentation that appears on
    the Lists of Acceptable Documents and 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 Somali citizenship or proof of re-registration for
    TPS when completing Form I-9 for new hires, making corrections, 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 September 17, 2017, for purposes of employment
    authorization?

    After September 17, 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 September 17, 2018 and can be presented to your employer for
    completion of Form I-9. Alternatively, you may choose to present any
    other legally acceptable document or combination of documents listed on
    the Lists of Acceptable Documents for Form I-9.

    How do my employer and I complete Form I-9 using an automatically
    extended EAD for a new job?

    When using an automatically extended EAD to complete Form I-9 for a
    new job prior to September 17, 2017, you and your employer should do
    the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Enter the automatically extended EAD expiration date (September
    17, 2017) in the first space; and
    c. Enter 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 enter the:
    a. Document title;
    b. Issuing authority;
    c. Document number; and
    d. Automatically extended EAD expiration date (September 17, 2017).
    By September 17, 2017, employers must reverify the employee's
    employment authorization in Section 3 of Form I-9.

    What corrections should my current employer and I make to 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 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 ``September 17, 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;

    [[Page 4910]]

    b. Write ``September 17, 2017,'' above the previous date;
    c. Write ``TPS Ext.'' in the Additional Information field in
    Section 2; and
    d. Initial and date the correction in the Additional Information
    field in Section 2.
    By September 17, 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 September 17,
    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
    (Form I-9 and E-Verify) 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 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, including information regarding
    discrimination related to 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 for
    Form I-9 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 Form I-9 Instructions. Employers may not
    require extra or additional documentation beyond what is required for
    Form I-9 completion. Further, employers participating in E-Verify who
    receive an E-Verify case result of ``Tentative Nonconfirmation'' (TNC)
    must promptly and privately 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 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
    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 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; or
    (5) If there is an automatic extension of work authorization,
    information from the USCIS TPS Web site that provides information about
    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 confirm the current
    immigration status of applicants for public benefits. In most cases,
    SAVE provides an automated electronic response to benefit granting
    agencies within seconds but occasionally verification can be delayed.
    You can check the status of your SAVE verification by using CaseCheck
    at the following link: https://save.uscis.gov/casecheck/, then click
    the ``Check Your Case'' button. CaseCheck is a free and fast service
    that lets you follow the progress of your SAVE verification using your
    date of birth and one immigration identifier number. If a benefit-
    granting 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,

    [[Page 4911]]

    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. 2016-31861 Filed 1-13-17; 8:45 am]
    BILLING CODE 9111-97-P

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: