Federal Register, Volume 78 Issue 64 (Wednesday, April 3, 2013)


[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Notices]
[Pages 20128-20133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07674]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2529-12; DHS Docket No. USCIS-2012-0015]
RIN 1615-ZB19


Extension of the Designation of Nicaragua for Temporary Protected
Status

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

ACTION: Notice.

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SUMMARY: This Notice announces that the Secretary of Homeland Security
(Secretary) is extending the designation of Nicaragua for Temporary
Protected Status (TPS) for 18 months from July 6, 2013 through January
5, 2015.
The extension allows currently eligible TPS beneficiaries to retain
TPS through January 5, 2015. The Secretary has determined that an
extension is warranted because the conditions in Nicaragua that
prompted the TPS designation continue to be met. There continues to be
a substantial, but temporary, disruption of living conditions in
Nicaragua resulting from Hurricane Mitch, and Nicaragua remains unable,
temporarily, to handle adequately the return of its nationals.
This Notice also sets forth procedures necessary for nationals of
Nicaragua (or aliens having no nationality who last habitually resided
in Nicaragua) to re-register for TPS and to apply for renewal of their
Employment Authorization Documents (EADs) with U.S. Citizenship and
Immigration Services (USCIS). Re-registration is limited to persons who
have previously registered for TPS under the designation of Nicaragua
and whose applications have been granted. Certain nationals of
Nicaragua (or aliens having no nationality who last habitually resided
in Nicaragua) 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 December 30, 1998, and continuous physical presence in the
United States since January 5, 1999).
For individuals who have already been granted TPS under the
Nicaragua designation, the 60-day re-registration period runs from
April 3, 2013 through June 3, 2013. USCIS will issue new EADs with a
January 5, 2015 expiration date to eligible Nicaraguan TPS
beneficiaries who timely re-register and apply for EADs under this
extension.
Given the timeframes involved with processing TPS re-registration
applications, the Department of Homeland Security (DHS) recognizes that
all re-registrants may not receive new EADs until after their current
EADs expire on July 5, 2013. Accordingly, this Notice automatically
extends the validity of EADs issued under the TPS designation of
Nicaragua for 6 months, from July 5, 2013 through January 5, 2014, 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 Nicaragua is
effective July 6, 2013, and will remain in effect through January 5,
2015. The 60-day re-registration period runs from April 3, 2013 through
June 3, 2013.

Further Information:
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find
specific information about this extension of Nicaragua for TPS by
selecting ``TPS Designated Country:

[[Page 20129]]

Nicaragua'' from the menu on the left of the TPS Web page.
You can also contact the TPS Operations Program Manager at
the Family and Status 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 updates.
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:

Abbreviations and Terms Used in This Document

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
Government--U.S. Government
IADB--Inter-American Development Bank
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
TPS--Temporary Protected Status
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 Immigration and
Nationality Act (INA), or to eligible persons without nationality who
last habitually resided in the designated country.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States and may obtain work
authorization, so long as they continue to meet the requirements of TPS
status.
TPS beneficiaries also may be granted travel authorization
as a matter of discretion.
The granting of TPS does not lead to permanent resident
status.
When the Secretary terminates a country's TPS designation,
beneficiaries return to the same immigration status they maintained
before TPS, if any (unless that status has since expired or been
terminated), or to any other lawfully obtained immigration status they
received while registered for TPS.

When Was Nicaragua Designated for TPS?

On January 5, 1999, the Attorney General designated Nicaragua for
TPS based on an environmental disaster within that country,
specifically the devastation resulting from Hurricane Mitch. See 64 FR
526; section 244(b)(1)(B) of the INA, 8 U.S.C. 1254a(b)(1)(B). The
Secretary last extended the Nicaragua TPS designation on November 4,
2011 based on her determination that the conditions warranting the
designation continued to be met. See 76 FR 68493. This announcement is
the eleventh extension of TPS for Nicaragua since the original
designation in 1999.

What Authority Does the Secretary of Homeland Security Have To Extend
the Designation of Nicaragua for TPS?

Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate Government agencies, to
designate a foreign state (or part thereof) for TPS.\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 section 244(a)(1)(A) of the INA, 8 U.S.C. 1254a(a)(1)(A).
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\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002 (HSA), 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 the Department of Homeland Security ``shall
be deemed to refer to the Secretary'' of Homeland Security. See 6
U.S.C. 557 (codifying HSA, tit. XV, sec. 1517).
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At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See section 244(b)(3)(A) of
the INA, 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 is extended for an additional 6 months (or in the
Secretary's discretion for 12 or 18 months). See section 244(b)(3)(C)
of the INA, 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 section 244(b)(3)(B)
of the INA, 8 U.S.C. 1254a(b)(3)(B).

Why Is the Secretary Extending the TPS Designation for Nicaragua for
TPS Through January 5, 2015?

Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Nicaragua. Based on this review and
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the disruption in living
conditions and other adverse effects resulting from the environmental
disaster that prompted the January 5, 1999 designation persist.
In October 1998, Hurricane Mitch resulted in the loss of thousands
of lives, displacement of thousands more, collapse of physical
infrastructure, and severe damage to the country's economic system. See
also 64 FR 526 (Jan. 5, 1999) (Mitch ``caus[ed] severe flooding and
associated damage in Nicaragua''). The government and people of
Nicaragua continue to rely heavily on international assistance, and
recovery from Hurricane Mitch is still incomplete.
Hurricane Mitch brought extremely heavy rainfall causing severe
flooding in Nicaragua. Damage from flooding was extensive and totaled
$1.3 to $1.5 billion USD. Landslides and floods destroyed entire
villages and caused extensive damage to the transportation network,
housing, medical and education facilities, water supply and sanitation
facilities, and the agricultural sector. Living conditions remain
disrupted in the areas affected by the devastation caused by Hurricane
Mitch. Those areas continue to face serious economic and infrastructure
challenges stemming from Hurricane Mitch.
Since Hurricane Mitch, the Government of Nicaragua, backed by
extensive foreign aid, has undertaken various reconstruction projects
throughout the country. Although various projects have been completed,
subsequent natural disasters caused extensive damage in Nicaragua,
hampering the recovery efforts. Nicaragua is considered the poorest and
least developed country in Central America and the second poorest in
the Western hemisphere.
Although the international community and the Government of
Nicaragua have helped to repair the damage and destruction left behind
by Hurricane Mitch, recovery and reconstruction efforts are still
ongoing. Nicaragua continues to rely heavily on

[[Page 20130]]

international assistance, and recovery from Hurricane Mitch is still
incomplete. For example, by some estimates, Hurricane Mitch destroyed
or damaged over 500 schools and over 100 health units, including
several critical hospitals. The U.S. Agency for International
Development (USAID) and the European Union have only constructed or
rehabilitated approximately 150 schools and approximately 50 health
units. By some estimates, the number of homes destroyed or damaged by
Hurricane Mitch ranged as high as 145,000, reportedly leaving
approximately 500,000 homeless. International organizations have
constructed and rehabilitated only a few thousand homes. These
programs, however, have reconstructed a mere fraction of the homes that
were damaged or destroyed, resulting in a net housing deficit.
Damages to roads and bridges caused by Hurricane Mitch accounted
for approximately 60 percent of Hurricane Mitch-related reconstruction
costs. Approximately 8,000 kilometers of roads were damaged and 71
bridges were destroyed. As a result, the country's main cities were
physically disconnected from smaller towns and communities. A
significant amount of aid was dedicated to repairing and improving road
infrastructure. An additional project funded by the World Bank began in
2006, but is not projected to be completed until 2014. Although these
projects have been completed or will soon end, only 12 percent of
Nicaragua's roads are paved.
Hurricane Mitch damaged potable water, sewage treatment systems,
water uptake systems, wells, water pump stations, and pipes in
Nicaragua. The storm floods and runoff polluted water sources, leading
to a 40 percent disruption in water services throughout the country.
While water and sanitation systems are on the whole better than their
pre-Mitch status, more than 50 percent of the rural population does not
have access to safe water. Furthermore, improvement projects are still
ongoing, including water and sanitation projects funded by the Inter-
American Development Bank (IADB).
Since Hurricane Mitch, various hurricanes, tropical depressions,
and tropical storms have resulted in loss of life, affected thousands
of individuals, and caused further damage to homes, infrastructure, and
the economy in Nicaragua. Most recently, in October 2011, heavy rains
associated with Tropical Depression 12E caused further damages totaling
approximately $445 million USD. These natural disasters have been the
biggest challenge towards achieving sustainable long-term post
Hurricane Mitch recovery in the areas affected by Mitch. They have
compounded the initial devastation and resulting disruption in living
conditions caused by Hurricane Mitch.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the January 5, 1999
designation of Nicaragua for TPS continue to be met. See sections
244(b)(3)(A) and (C) of the INA, 8 U.S.C. 1254a(b)(3)(A) and (C).
There continues to be a substantial, but temporary,
disruption in living conditions in Nicaragua as a result of an
environmental disaster. See section 244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
Nicaragua continues to be unable, temporarily, to handle
adequately the return of its nationals (or aliens having no nationality
who last habitually resided in Nicaragua). See section 244(b)(1)(B) of
the Act, 8 U.S.C. 1254a(b)(1)(B).
The designation of Nicaragua for TPS should be extended
for an additional 18-month period from July 6, 2013 through January 5,
2015. See section 244(b)(3)(C) of the INA, 8 U.S.C. 1254a(b)(3)(C).
There are approximately 3,000 current Nicaragua TPS
beneficiaries who are expected to be eligible to re-register for TPS
under the extension.

Notice of Extension of the TPS Designation of Nicaragua

By the authority vested in me as Secretary under section 244 of the
INA, 8 U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, that the conditions that prompted the
designation of Nicaragua for TPS on January 5, 1999, continue to be
met. See section 244(b)(3)(A) of the INA, 8 U.S.C. 1254a(b)(3)(A). On
the basis of this determination, I am extending the existing TPS
designation of Nicaragua for 18 months from July 6, 2013 through
January 5, 2015.

Janet Napolitano,
Secretary.

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

To register or re-register for TPS for Nicaragua, 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 Application for the 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 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.
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 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

[[Page 20131]]

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.

Refiling 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 refile 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 refile by the re-
registration deadline, the applicant may still refile his or her
application. This situation will be reviewed under good cause for late
re-registration. However, applicants are urged to refile within 45 days
of the date on their USCIS fee waiver denial notice, if at all
possible. See section 244(c)(3)(C) of the INA; 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.

Mailing Information

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

Table 1--Mailing Addresses
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If... Mail to...
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You are applying through the U.S. Postal USCIS, P.O. Box 6943,
Service. Chicago, IL 60680-6943.
You are using a non-U.S. Postal Service USCIS, Attn: TPS Nicaragua,
delivery service. 131 S. Dearborn 3rd Floor,
Chicago, IL 60603-5517.
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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 the IJ or
BIA, please mail your application to the appropriate address in Table 1
above. Upon receiving a Receipt Notice from USCIS, please send an email
to TPSijgrant.vsc@uscis.dhs.gov with the receipt number and state that
you submitted a re-registration and/or request for an EAD based on an
IJ/BIA grant of TPS. You can find detailed information on what further
information you need to email and the email addresses on the USCIS TPS
Web page at http://www.uscis.gov/tps.

E-Filing

If you are re-registering for TPS during the re-registration period
and you do not need to submit any supporting documents or evidence, you
are eligible to file your applications electronically. For more
information on e-filing, please visit the USCIS E-Filing Reference
Guide at the USCIS Web site at http://www.uscis.gov.

Employment Authorization Document (EAD)

May I request an interim EAD at my local USCIS office?

No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.

Am I eligible to receive an automatic 6 month extension of my current
EAD from July 5, 2013 through January 5, 2014?

Provided that you currently have TPS under the Nicaragua
designation, this notice automatically extends your EAD by 6 months if
you:
Are a national of Nicaragua (or an alien having no
nationality who last habitually resided in Nicaragua);
Received an EAD under the last extension or re-designation
of TPS for Nicaragua; and
Have an EAD with a marked expiration date of July 5, 2013,
bearing the notation ``A-12'' or ``C-19'' on the face of the card under
``Category.''
Although your EAD is automatically extended through January 5, 2014
by this notice, 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). An EAD is an acceptable document
under ``List A.'' Employers may not reject a document based upon a
future expiration date.
If your EAD has an expiration date of July 5, 2013, and states ``A-
12'' or ``C-19'' under ``Category'', it has been extended automatically
for 3 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 January 5, 2014 (see the subsection below titled ``How do
I and my employer complete the Employment Eligibility Verification
(Form I-9) (i.e., verification) using an automatically extended EAD for
a new job?'' for further information). To minimize confusion over this
extension at the time of hire, you may also show your employer a copy
of this Federal Register notice confirming the automatic extension of
employment authorization through January 5, 2014. As an alternative to
presenting your automatically extended EAD, you may choose to present
any other acceptable document from List A, or List B plus List C.

What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?

Even though EADs with an expiration date of July 5, 2013, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended for 6 months by virtue of this Federal Register notice, your
employer will need to ask you about your continued employment
authorization once July 5, 2013 is reached in order to meet its
responsibilities for Employment Eligibility Verification (Form I-9).
However, your employer does not need a new document to reverify your
employment authorization until January 5, 2014, the expiration date of
the automatic extension. Instead, you and

[[Page 20132]]

your employer must make corrections to the employment authorization
expiration dates in section 1 and section 2 of the Employment
Eligibility Verification (Form I-9) (see the subsection below titled
``What corrections should I and my current employer make to the
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 avoid
confusion about what to do for the Form I-9.
By January 5, 2014, the expiration date of the automatic extension,
your employer must reverify your employment authorization. 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. Your employer is required to reverify on Employment
Eligibility Verification (Form I-9) the employment authorization of
current employees no later than the expiration of a TPS-related EAD.
Your employer should use either Section 3 of the Form I-9 originally
completed for the employee or, if this section has already been
completed or if the version of Form I-9 is no longer valid, in Section
3 of a new Form I-9 using the most current version. Note that your
employer may not specify which List A or List C document employees must
present.

What happens after January 5, 2014 for purposes of employment
authorization?

After January 5, 2014, employers may no longer accept the EADs that
this Federal Register notice automatically extended. However, before
that time, USCIS will issue new EADs to TPS re-registrants. These new
EADs will have an expiration date of January 5, 2015 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 I and my employer complete the Employment Eligibility
Verification (Form I-9) (i.e., verification) using an automatically
extended EAD for a new job?

When using an automatically extended EAD to fill out the Employment
Eligibility Verification (Form I-9) for a new job prior to January 5,
2014, 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 automatic extension date (January 5, 2014) 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 (January 5, 2014).
No later than January 5, 2014, 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 the
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, 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 ``January 5, 2014'' 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 ``January 5, 2014'' 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 January 5, 2014, when the automatic extension of EADs expires,
employers must reverify the employee's employment authorization in
Section 3.

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

If you are an employer who participates in E-Verify, you will
receive a ``Work Authorization Documents Expiring'' case alert when a
TPS beneficiary's EAD is about to expire. Usually, this message is an
alert to complete Section 3 of the Employment Eligibility Verification
(Form I-9) to reverify an employee's employment authorization. For
existing employees with TPS-related EADs that have been automatically
extended, employers should dismiss this alert by clicking the red ``X''
in the ``dismiss alert'' column and follow the instructions above
explaining how to correct the Employment Eligibility Verification (Form
I-9). By January 5, 2014, employment authorization must be reverified
in Section 3. Employers should never use E-Verify for reverification.

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

No. When completing Employment Eligibility Verification (Form I-9),
including reverifying employment authorization, employers must accept
any documentation that appears on the ``Lists of Acceptable Documents''
for Employment Eligibility Verification (Form I-9) and that reasonably
appears to be genuine and that relates to you. Employers may not
request documentation that does not appear on the ``Lists of Acceptable
Documents.'' Therefore, employers may not request proof of Nicaraguan
citizenship when completing 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. See below for important information about your rights if your
employer rejects lawful documentation, requires additional
documentation, or otherwise discriminates against you based on your
citizenship or immigration status, or your national origin.

Note 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,

[[Page 20133]]

employers may call the USCIS Form I-9 Customer Support at 888-464-4218
(TDD for the hearing impaired is at 877-875-6028). For questions about
avoiding discrimination during the employment eligibility verification
process, employers may also call the Department of Justice, Office of
Special Counsel for Immigration-Related Unfair Employment Practices
(OSC) Employer Hotline at 800-255-8155 (TDD for the hearing impaired is
at 800-237-2515), which offers language interpretation in numerous
languages.

Note to All Employees

For general questions about the employment eligibility verification
process, employees may call the USCIS National Customer Service Center
at 800-375-5283 (TDD for the hearing impaired is at 800-767-1833);
calls are accepted in English and Spanish. Employees or applicants may
also call the OSC Worker Information Hotline at 800-255-7688 (TDD for
the hearing impaired is at 800-237-2515) for information regarding
employment discrimination based upon citizenship, 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. In order to comply with the law, employers must accept any
document or combination of documents acceptable for Employment
Eligibility Verification (Form I-9) completion if the documentation
reasonably appears to be genuine and to relate to the employee.
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 initial mismatch (``tentative nonconfirmation'' or ``TNC'') on
employees must inform employees of the mismatch and give such employees
an opportunity to challenge the mismatch. Employers are prohibited from
taking adverse action against such employees based on the initial
mismatch unless and until E-Verify returns a final nonconfirmation. For
example, employers must allow employees challenging their mismatches to
continue to work without any delay in start date or training and
without any change in hours or pay while the final E-Verify
determination remains pending. Additional information 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 expired EAD that has been automatically extended, or your
EAD that has a valid expiration date;
(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
Receipt Notice (Form I-797) for this re-registration;
(4) A copy of your past or current Application for Temporary
Protected Status Approval Notice (Form I-797), if you receive 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
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 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. 2013-07674 Filed 4-2-13; 8:45 am]
BILLING CODE 9111-97-P