|
|
|
|
SUBSCRIBE The leading Copyright |
[Federal Register: May 5, 2003 (Volume 68, Number 86)]
[Notices]
[Page 23748-23751]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my03-91]
[[Page 23748]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Citizenship and Immigration Services
[CIS No. 2270-03]
RIN 1615-AA04
Extension of the Designation of Nicaragua Under Temporary
Protected Status Program; Automatic Extension of Employment
Authorization Documentation for Nicaraguans
AGENCY: Bureau of Citizenship and Immigration Services, Homeland
Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The designation of Nicaragua under the Temporary Protected
Status (TPS) Program will expire on July 5, 2003. This notice extends
the Secretary of Homeland Security's designation of Nicaragua for 18
months until January 5, 2005, and sets forth procedures necessary for
nationals of Nicaragua (or aliens having no nationality who last
habitually resided in Nicaragua) with TPS to re-register and to apply
for an extension of their employment authorization documentation for
the additional 18-month period. Re-registration is limited to persons
who registered under the initial designation (which ended on August 20,
1999) and also timely re-registered under the extensions of
designation. Certain nationals of Nicaragua (or aliens having no
nationality who last habitually resided in Nicaragua) who previously
have not applied for TPS may be eligible to apply under the late
initial registration provisions.
Given the large number of Nicaraguans affected by this notice, the
Department of Homeland Security (DHS) recognizes that many re-
registrants will not receive their new Employment Authorization
Documents (EADs) until after their current EADs expire on July 5, 2003.
Accordingly, this notice automatically extends, until December 5, 2003,
the validity of EADs issued pursuant to the Nicaragua TPS program, and
explains how TPS beneficiaries or their employers may determine which
EADs are automatically extended.
EFFECTIVE DATES: The extension of Nicaragua's TPS designation is
effective July 5, 2003, and will remain in effect until January 5,
2005. The 60-day re-registration period begins May 5, 2003 and will
remain in effect until July 7, 2003.
FOR FURTHER INFORMATION CONTACT: Naheed Qureshi, Department of Homeland
Security, Bureau of Citizenship and Immigration Services, 425 ``I''
Street, NW, Room 3040, Washington, DC 20536, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Authority Does the Secretary of the Department of Homeland
Security Have To Extend the Designation of Nicaragua Under the TPS
Program?
On March 1, 2003, the Immigration and Naturalization Service (INS)
transferred from the Department of Justice to the Department of
Homeland Security (DHS) pursuant to the Homeland Security Act of 2002,
Public Law 107-296. The responsibilities for administering the TPS
program were transferred to the Bureau of Citizenship and Immigration
Services (BCIS).
Under section 244 of the Immigration and Nationality Act (the Act),
8 U.S.C. 1254a, the Secretary of DHS, after consultation with
appropriate agencies of the Government, is authorized to designate a
foreign state or (part thereof) for TPS. The Secretary of DHS may then
grant TPS to eligible nationals of that foreign state (or aliens having
no nationality who last habitually resided in that state).
Section 244(b)(3)(A) of the Act requires the Secretary of DHS to
review, at least 60 days before the end of the TPS designation or any
extension thereof, the conditions in a foreign state designated under
the TPS program to determine whether the conditions for a TPS
designation continue to be met and, if so, the length of an extension
of TPS. (8 U.S.C. 1254a(b)(3)(A)). If the Secretary of DHS determines
that the foreign state no longer meets the conditions for TPS
designation, he shall terminate the designation, as provided in section
244(b)(3)(B) of the Act (8 U.S.C. 1254a(b)(3)(B)). Finally, if the
Secretary of DHS does not make the required determination prior to the
60-day period prescribed by statute, section 244(b)(3)(C) of the Act
provides for an automatic extension of TPS for an additional period of
6 months (or, in the discretion of the Secretary of DHS, a period of 12
or 18 months) (8 U.S.C. 1254a(b)(3)(C)).
Why Did the Attorney General Designate Honduras for TPS?
On January 5, 1999, the Attorney General designated Nicaragua under
the TPS program for a period of 18 months based on the severe flooding
and mudslides caused by Hurricane Mitch (64 FR 524). The fierce storm
that swept through the country killed more than 3,000 people, left
150,000 people homeless, and washed away roads, bridges, schools, and
hospitals (See BCIS Resource Information Center Report (April 2000)).
Following the initial designation, the Departments of Justice (DOJ) and
State (DOS) kept a close watch over the progress of reconstruction in
Nicaragua and consulted with relevant government agencies regularly.
Given the amount of reconstruction necessary, the Attorney General
extended the Nicaragua TPS designation three times, on May 11, 2000,
(65 FR 30440), May 8, 2001, (66 FR 23271), and May 3, 2002, (67 FR
22454). Each decision to extend the TPS designation was made on the
determination that the conditions that warranted the TPS designation
initially continued to exist.
Why Did the Secretary of DHS Decide To Extend the TPS Designation for
Nicaragua?
After the extension of Nicaragua's TPS designation on May 3, 2002,
the DHS and DOS have continued to monitor the conditions in that
country. Prior to making his decision to extend the Nicaragua TPS
designation, the Secretary consulted with relevant government agencies
to determine whether conditions warranting the TPS designation continue
to exist in Nicaragua. Although there are strong indications of
progress in recovery efforts, recent droughts as well as flooding from
Hurricane Michelle in 2001 have added to the humanitarian, economic,
and social problems initially brought on by Hurricane Mitch in 1998,
making the country unable, temporarily, to handle the return of
approximately 6,000 nationals with TPS at this time.
This assessment is consistent with a recent Department of State
report finding that although a significant amount of reconstruction has
been completed since Hurricane Mitch, Nicaragua is, ``seriously
affected by a drought and Hurricane Michelle in 2001 causing further
destruction and emergency conditions,'' and ``much remains to be
done.'' Department of State Recommendation, March 25, 2003 (DOS
Report). Such repeated environmental catastrophes have interrupted
Nicaragua's ability to recover from Hurricane Mitch and, as a result,
the country continues to lack the needed stability and infrastructure
to support the return of its nationals. The BCIS Resource Information
Center confirmed that a prolonged drought as well as flooding from
Hurricane Michelle have compromised food security and disrupted
reconstruction efforts. (RIC Report 2003.) Additionally, the Department
of State reports that while significant reconstruction has
[[Page 23749]]
occurred, Nicaragua's reconstruction efforts have been hindered by
delays in disbursements of aid needed to rebuild. (DOS Report.) Many of
the European Union projects began only within the last year. Id. This
delay in acquiring foreign aid prevented rapid completion of
reconstruction. Hurricane Michelle and the drought exacerbated the
situation. Consequently, the conditions under which Nicaragua was
designated for TPS have not ceased to exist, and therefore, Nicaragua
remains temporarily unable to handle adequately the return of its
nationals.
Based on this review, the Secretary of DHS finds that the
conditions that prompted designation of Nicaragua under the TPS program
continue to be met (8 U.S.C.1254a(b)(3)(C)). There continues to be a
substantial, but temporary, disruption of living conditions in
Nicaragua as the result of an environmental disaster, and Nicaragua
continues to be unable, temporarily, to handle adequately the return of
its nationals (8 U.S.C. 1254a(b)(1)(B)(i)-(ii)). On the basis of these
findings, the Secretary of DHS concludes that the TPS designation for
Nicaragua should be extended for an additional 18-month period.
If I Currently Have TPS Through the Nicaragua TPS Program, Do I Still
Re-Register for TPS?
Yes. If you already have received TPS benefits through the
Nicaragua TPS program, your benefits will expire on July 5, 2003.
Accordingly, individual TPS beneficiaries must comply with the re-
registration requirements described below in order to maintain their
TPS benefits through January 5, 2005. TPS benefits include temporary
protection against removal from the United States, as well as work
authorization, during the TPS designation period and any extension
thereof (8 U.S.C. 1254a(a)(1)).
If My Initial Nicaragua TPS Application Is Pending, Do I Still Re-
Register for TPS?
Yes. If your initial TPS application is still pending approval, you
must re-register for TPS during the re-registration period in order to
be eligible for this extension. See the following re-registration
instructions.
If I Am Currently Registered for TPS, How Do I Re-Register for an
Extension?
All persons previously granted TPS under the Nicaragua program who
wish to maintain such status must apply for an extension by filing (1)
a Form I-821, Application for Temporary Protected Status, without the
filing fee; (2) a Form I-765, Application for Employment Authorization;
and (3) two identification photographs (1\1/2\ inches x 1\1/2\ inches).
Applications submitted without the required fee and/or photos will be
rejected. See the chart below to determine whether you must submit the
one hundred and twenty dollar ($120) filing fee with Form I-765.
Applicants for an extension of TPS benefits do not need to be re-
fingerprinted and thus need not pay the $50 fingerprint fee. Children
beneficiaries of TPS who have reached the age of fourteen (14) but were
not previously fingerprinted must pay the fifty dollar ($50)
fingerprint fee with the application for extension.
Submit the completed forms and applicable fee, if any, to the BCIS
service center having jurisdiction over your place of residence during
the 60-day re-registration period that begins May 5, 2003 and ends July
1, 2003 (inclusive of such end date).
------------------------------------------------------------------------
If-- Then--
------------------------------------------------------------------------
You are applying for employment You must complete and file
authorization until January 5, 2005. the Form I-765, Application
for Employment
Authorization, with the
$120 fee.
You already have employment authorization You must complete and file
or do not require employment Form I-765 with no fee.\1\
authorization.
You are applying for employment You must complete and file:
authorization and are requesting a fee (1) Form I-765 and (2) a
waiver. fee waiver request and
affidavit (and any other
information) in accordance
with 8 CFR 244.20.
------------------------------------------------------------------------
\1\ An applicant who does not seek employment authorization
documentation does not need to submit the $120 fee, but must still
complete and submit Form I-765 for data gathering purposes.
How Does an Application for TPS Affect My Application for Asylum or
Other Immigration Benefits?
An application for TPS does not affect an application for asylum or
any other immigration benefit, and vice versa. Denial of an application
for asylum or any other immigration benefit does not affect an
applicant's TPS eligibility, although the grounds for denying one form
of relief may also be grounds for denying TPS. For example, a person
who has been convicted of a particularly serious crime is not eligible
for asylum or TPS (8 U.S.C. 1158(b)(2); 8 U.S.C. 1254a(c)(2)(B)(i)).
Does This Extension Allow Nationals of Nicaragua (or Aliens Having No
Nationality Who Last Habitually Resided in Nicaragua) Who Entered the
United States After December 30, 1998, To File for TPS?
No. This is a notice of an extension of TPS, not a notice of re-
designation of Nicaragua under the TPS program. An extension of TPS
does not change the required dates of continuous residence and
continuous physical presence in the United States. This extension does
not expand TPS availability to those who are not already TPS class
members. To be eligible for benefits under this extension, nationals of
Nicaragua (or aliens having no nationality who last habitually resided
in Nicaragua) must have resided continuously in the United States since
December 30, 1998, and have been continuously physically present in the
United States since January 5, 1999.
What Is Late Initial Registration?
Some persons may be eligible for late initial registration under 8
CFR 244.2(f)(2). To apply for late initial registration an applicant
must:
(1) Be a national of Nicaragua (or alien who has no nationality and
who last habitually resided in Nicaragua);
(2) Have been continuously physically present in the United States
since January 5, 1999;
(3) Have continuously resided in the United States since December
30, 1998; and
(4) Be both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not ineligible under section
244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate that during
the registration period from January 5, 1999, through August 20, 1999,
he or she:
(1) Was a nonimmigrant or had been granted voluntary departure
status or any relief from removal;
(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal or change of
status pending or subject to further review or appeal;
(3) Was a parolee or had a pending request for reparole; or
(4) Was the spouse or child of an alien currently eligible to be a
TPS registrant.
An applicant for late initial registration must file an application
for late registration within a 60-day period immediately following the
expiration or termination of the conditions described above (8 CFR
244.2(g)).
[[Page 23750]]
Why Is the Secretary of DHS Automatically Extending the Validity of
EADs From July 5, 2003, to December 5, 2003?
The Secretary of DHS has decided to extend automatically the
validity of EADs to prevent a lapse in employment authorization
documentation for qualified re-registrants during the time that re-
registration applications are processed. Given the large number of
Nicaraguan TPS class members who are eligible for re-registration, re-
registrants would receive their new EADs only after their current EADs
have expired. To prevent a gap in employment authorization
documentation for qualified re-registrants, the Secretary of DHS is
extending automatically the validity of the applicable EADs for a
period of 5 months, to December 5, 2003 (8 U.S.C. 1254a(a)(2);
1254a(d)(1)-(2)).
Who Is Eligible To Receive an Automatic Extension of His or Her EAD?
To receive an automatic extension of his or her EAD, an individual
must be a national of Nicaragua (or an alien having no nationality who
last habitually resided in Nicaragua) who has applied for and received
an EAD under the initial TPS designation for Nicaragua. This automatic
extension is limited to EADs bearing an expiration date of July 5,
2003, and the notation: ``A-12'' or ``C-19'' on the face of the card
under ``Category'' for EADs issued on Form I-766 or ``274A.12(A)(12)''
or ``274A.12(C)(19)'' on the face of the card under ``Provision of
Law'' for EADs issued on Form I-688B.
TPS applicants who have not yet received their initial or
provisional EAD, including those who apply after the date of this
notice but before the re-registration period closes on July 5, 2003,
may receive an EAD that facially expires on July 5, 2003. Such an EAD
is covered by the automatic extension described above.
Must Qualified Individuals Apply for the Automatic Extension of Their
TPS-Related EADs?
No, qualified individuals do not have to apply for this automatic
employment authorization extension to December 5, 2003. However,
qualified individuals must re-register for TPS during the re-
registration period that begins on May 5, 2003, and continues through,
July 7, 2003, in order to be eligible for a new EAD that is valid until
January 5, 2005.
What Documents May a Qualified Individual Show to His or Her Employer
as Proof of Employment Authorization and Identity When Completing the
Employment Eligibility Verification Form (Form I-9)?
For completion of the Form I-9 at the time of hire or re-
verification, qualified individuals who have received an extension of
employment authorization by virtue of this Federal Register notice may
present to their employer a TPS-related EAD as proof of identity and
employment authorization until December 5, 2003. To minimize confusion
over this extension at the time of hire or re-verification, qualified
individuals may also present to their employer a copy of this Federal
Register notice regarding the automatic extension of employment
authorization documentation to December 5, 2003. In the alternative,
any legally acceptable document or combination of documents listed in
List A, List B, or List C of the Form I-9 may be presented as proof of
identity and employment eligibility; it is the choice of the employee.
How May Employers Determine Which EADs That Have Been Automatically
Extended Through December 5, 2003, Are Acceptable for Completion of the
Form I-9?
For purposes of verifying identity and employment eligibility or
re-verifying employment eligibility on the Form I-9 until December 5,
2003, employers of Nicaragua TPS class members whose employment
authorization has been automatically extended by this notice must
accept an EAD that contains an expiration date of July 5, 2003, and
that bears one of the following notations: ``A-12'' or ``C-19'' on the
face of the card under ``Category'' for EADs issued on Form I-766; or,
``274A.12(A)(12)'' or ``274A.12(c)(19)'' on the face of the card under
``Provision of Law'' for EADs issued on Form I-688B. New EADs or
extension stickers showing the December 5, 2003, expiration date will
not be issued.
Employers should not request proof of Nicaraguan citizenship.
Employers presented with an EAD that this Federal Register notice has
extended automatically, that appears to be genuine and that relates to
the employee should accept the document as a valid ``List A'' document
and should not ask for additional Form I-9 documentation. This action
by the Secretary of the DHS through this Federal Register notice does
not affect the right of an employee to present any legally acceptable
document as proof of identity and eligibility for employment.
Employers are reminded that the laws prohibiting unfair
immigration-related employment practices remain in full force. For
questions, employers may call the BCIS' Office of Business Liaison
Employer Hotline at 1-800-357-2099 to speak to a BCIS representative.
Also, employers may call the U.S. Department of Justice Office of
Special Counsel for Immigration Related Unfair Employment Practices
(OSC) Employer Hotline at 1-800-255-8155, or 1-800-362-2735 (TDD).
Employees or applicants may call the OSC Employee Hotline at 1-800-255-
7688, or 1-800-237-2515 (TDD) for information regarding the automatic
extension. Additional information is available on the OSC Web site at
http://www.usdoj.gov/crt/osc/index.html.
What Happens When This Extension of TPS Expires on January 5, 2005?
At least 60 days before this extension of TPS expires on January 5,
2005, the Secretary of DHS will review conditions in Nicaragua and
determine whether the conditions for designation under the TPS program
continue to be met at that time, or whether the TPS designation should
be terminated. Notice of that determination, including the basis for
the determination, will be published in the Federal Register.
If the TPS designation is extended at that time, an alien who has
received TPS benefits must re-register under the extension in order to
maintain TPS benefits. If, however, the Secretary of DHS terminates the
TPS designation, TPS beneficiaries will maintain the immigration status
they had before TPS (unless that status had since expired or been
terminated) or any other status they may have acquired while registered
for TPS. Accordingly, if an alien had no lawful immigration status
prior to receiving TPS and did not obtain any status during the TPS
period, he or she will revert to that unlawful status upon termination
of the TPS designation.
Notice of Extension of Designation of Nicaragua under the TPS Program
By the authority vested in me as Secretary of DHS under sections
244(b)(1)(B), (b)(3)(A), and (b)(3)(C) of the Act, I have consulted
with the appropriate government agencies and determine that the
conditions that prompted designation of Nicaragua for TPS continue to
be met (8 U.S.C. 1254a(b)(3)(A)). Accordingly, I order as follows:
(1) The designation of Nicaragua under section 244(b) of the Act is
extended for an additional 18-month period from July 5, 2003, to
January 5, 2005 (8 U.S.C. 1254a(b)(3)(C)).
[[Page 23751]]
(2) There are approximately 6,000 nationals of Nicaragua (or aliens
having no nationality who last habitually resided in Nicaragua) who
have been granted TPS and who are eligible for re-registration.
(3) To maintain TPS, a national of Nicaragua (or an alien having no
nationality who last habitually resided in Nicaragua) who received TPS
during the initial designation period must re-register for TPS during
the 60-day re-registration period from May 5, 2003 until July 7, 2003.
(4) To re-register, the applicant must file the following: (1) Form
I-821, Application for Temporary Protected Status; (2) Form I-765,
Application for Employment Authorization; and (3) two identification
photographs (1\1/2\ inches by 1\1/2\ inches). Applications submitted
without the required fee and/or photos will be rejected. There is no
fee for filing a Form I-821 filed as part of the re-registration
application. If the applicant requests employment authorization, he or
she must submit one hundred and twenty dollars ($120) or a properly
documented fee waiver request, pursuant to 8 CFR 244.20, with the Form
I-765. An applicant who does not request employment authorization must
nonetheless file Form I-765 along with Form I-821, but is not required
to submit the fee. The fifty-dollar ($50) fingerprint fee is required
only for children beneficiaries of TPS who have reached the age of 14
but were not previously fingerprinted. Failure to re-register without
good cause will result in the withdrawal of TPS (8 CFR 244.17(c)). Some
persons who had not previously applied for TPS may be eligible for late
initial registration under 8 CFR 244.2.
(5) At least 60 days before this extension terminates on January 5,
2005, the Attorney General will review the designation of Nicaragua
under the TPS program and determine whether the conditions for
designation continue to be met (8 U.S.C. 1254a(b)(3)(A)). Notice of
that determination, including the basis for the determination, will be
published in the Federal Register (8 U.S.C. 1254a(b)(3)(A)).
(6) TPS-related Employment Authorization Documents that expire on
July 5, 2003, are extended automatically until December 5, 2003, for
qualified Nicaraguans.
(7) Information concerning the extension of designation of
Nicaragua under the TPS program will be available at local BCIS offices
upon publication of this notice and on the BCIS Web site at http://www.immigration.gov/graphics/index.htm
.
Dated: April 29, 2003.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 03-10962 Filed 4-30-03; 10:31 am]
BILLING CODE 4410-10-P
Copyright © 1999-2002 American Immigration LLC, ILW.COM
 Share this page | Bookmark this page | Print this page |  Add to del.icio.us
The leading immigration law publisher - over 50000 pages of free information!
© Copyright 1995-2008 American Immigration LLC, ILW.COM |