[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1710-1715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-143]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2510-11; DHS Docket No. USCIS 2007-0028]
RIN 1615-ZB06
Extension of the Designation of El Salvador for Temporary
Protected Status and Automatic Extension of Employment Authorization
Documentation for Salvadoran TPS Beneficiaries
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) has extended the designation of El Salvador for temporary
protected status (TPS) for 18 months from its current expiration date
of March 9, 2012 through September 9, 2013. The Secretary has
determined that an extension is warranted because the conditions in El
Salvador that prompted the TPS designation continue to be met. There
continues to be a substantial, but temporary, disruption of living
conditions in El Salvador resulting from a series of earthquakes in
2001, and El Salvador remains unable, temporarily, to handle adequately
the return of its nationals.
This Notice also sets forth procedures necessary for nationals of
El Salvador (or aliens having no nationality who last habitually
resided in El Salvador) with TPS to re-register and to apply for an
extension of their Employment Authorization Documents (EADs) (Forms I-
766) with U.S. Citizenship and Immigration Services (USCIS). Re-
[[Page 1711]]
registration is limited to persons who previously registered for TPS
under the designation of El Salvador and whose applications have been
granted or remain pending. Certain nationals of El Salvador (or aliens
having no nationality who last habitually resided in El Salvador) who
have not previously applied for TPS may be eligible to apply under the
late initial registration provisions.
USCIS will issue new EADs with a September 9, 2013 expiration date
to eligible Salvadoran 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 all
re-registrants may not receive new EADs until after their current EADs
expire on March 9, 2012. Accordingly, this Notice automatically extends
the validity of EADs issued under the TPS designation of El Salvador
for 6 months, through September 9, 2012, and explains how TPS
beneficiaries and their employers may determine which EADs are
automatically extended and their impact on Form I-9 and E-Verify
processes.
DATES: The 18-month extension of the TPS designation of El Salvador is
effective March 10, 2012 and will remain in effect through September 9,
2013. The 60-day re-registration period begins January 9, 2012 and will
remain in effect until March 9, 2012.
FOR FURTHER INFORMATION CONTACT: For further information on
TPS, including guidance on the application process and additional
information on eligibility, please visit the TPS Web page at http://www.uscis.gov/tps. You can find specific information about this
extension and about TPS for El Salvador by selecting ``TPS Designated
Country--El Salvador'' from the menu on the left of the TPS Web page.
From the El Salvador page, you can select the El Salvador TPS Questions
& Answers Section from the menu on the right for further information.
You can also contact the TPS Operations Program Manager at
Status and Family 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 inquiries.
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 1-(800) 375-5283 (TTY 1-(800) 767-1833).
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
Act--Immigration and Nationality Act
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
Government--U.S. Government
IDB--Inter-American Development Bank
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USAID--U.S. Agency for International Development
USCIS--U.S. Citizenship and Immigration Services
What is temporary protected status (TPS)?
TPS is an immigration status granted to eligible nationals
of a country designated for TPS under the Act (or to persons without
nationality who last habitually resided in the designated country).
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States and may obtain work
authorization, so long as they continue to meet the requirements of TPS
status.
The granting of TPS does not lead to permanent resident
status.
When the Secretary of Homeland Security (Secretary)
terminates a country's TPS designation, beneficiaries return to the
same immigration status they maintained before TPS (unless that status
has since expired or been terminated) or to any other lawfully obtained
immigration status they received while registered for TPS.
When was El Salvador designated for TPS?
On March 9, 2001, the Attorney General designated El Salvador for
TPS based on an environmental disaster within that country,
specifically a series of earthquakes that occurred in 2001. See 66 FR
14214 and section 244(a)(b)(1)(B) of the Immigration and Nationality
Act (Act), 8 U.S.C. 1254a(b)(1)(B). The last extension of TPS for El
Salvador was announced on July 9, 2010, based on the Secretary's
determination that the conditions warranting the designation continued
to be met. This announcement is the eighth extension of TPS for El
Salvador.
What authority does the Secretary of Homeland Security have to extend
the designation of El Salvador for TPS?
Section 244(b)(1) of the Act, 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 Act, 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 Immigration and Nationality Act 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 Act, 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 Act, 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 Act, 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for El Salvador
through September 9, 2013?
Over the past year, the Department of Homeland Security (DHS) and
the Department of State (DOS) have continued to review conditions in El
Salvador. Based on this review and after consulting with DOS, the
Secretary has determined that an 18-month extension is warranted
because there continues to be a substantial, but temporary, disruption
of living conditions in El Salvador resulting from the series of
earthquakes that struck the country in 2001, and El Salvador remains
unable, temporarily, to adequately handle the return of its nationals.
The 2001 earthquakes resulted in the loss of over 1000 lives,
displacement of
[[Page 1712]]
thousands more, the extensive destruction of physical infrastructure,
and severe damage to the country's economic system. See 66 FR 14214
(Mar. 9, 2001) (describing the devastation caused by earthquakes). El
Salvador's recovery from the earthquakes is still incomplete, and
significant damage remains to the country's infrastructure and public
services.
In response to the devastation caused by the 2001 earthquakes, the
U.S. Agency for International Development (USAID), the Inter-American
Development Bank (IDB), the World Bank, and the European Union
initiated reconstruction efforts in areas throughout El Salvador.
Recovery has been slow and encumbered by Hurricanes Adrian and Stan in
2005, Hurricane Felix in 2007, Hurricane Ida in 2009, and most recently
Tropical Storm Agatha in 2010.
While all major roads damaged by the earthquakes appear to have
been reconstructed and are functioning, El Salvador's road networks
remain vulnerable to adverse climatic conditions. Of the approximately
276,000 homes destroyed, only about half have been reconstructed or
repaired through assistance from USAID, the Salvadoran government and
international donors, including an estimated 12,512 houses built or
reconstructed through European Union and Habitat-for-Humanity efforts.
The IDB has also initiated reconstruction efforts in areas throughout
the country, but it is believed that the program is still far from
completion.
El Salvador's Ministry of Education reported that while over 2,300
schools had been rebuilt as of July 2004, the remaining 270 schools
damaged by the earthquakes will require $21.7 million in financing to
complete construction. According to the USAID Reconstruction Office,
that funding was not available.
In the immediate aftermath of the earthquake, seven hospitals and
113 of 361 health facilities were severely damaged; these numbers
represented 55 percent of the country's capacity to deliver health
services. In June 2011, 10 years after the earthquake, the last damaged
hospital was reopened.
The National Water Institution estimated that 40-50 percent of the
population is without access to potable water on account of a continued
lack of electricity and damage to the water system resulting from the
earthquakes. Despite international funding for reconstruction of water
systems, there was no accurate record at the national level that stated
how many water and sanitation systems had been repaired since the
destruction caused by the 2001 earthquakes. Reports further indicate
that water treatment services in urban areas have improved since the
2001 earthquakes, and around four fifths of the urban population has
access to clean water. However, there are reports that only about 21
percent of rural households had continuous water services.
El Salvador is still rebuilding from the devastating 2001
earthquakes. However, rebuilding efforts have been further complicated
by more recent natural disasters and by sluggish economic growth. Due
to these environmental factors, United Nations Development Programme
recently classified El Salvador among the most vulnerable countries in
the world. Given the ongoing challenges faced by the country, El
Salvador remains temporarily unable to handle adequately the return of
its nationals from the United States.
While the U.S. government has significantly invested in the
recovery from the damage caused by the 2001 earthquakes and in the
overall development of El Salvador, the Salvadoran economy remains
fragile and suffers from infrastructure shortcomings. An influx of TPS
returnees would further strain already overburdened health and
education sectors in El Salvador's rural communities which have yet to
fully recover from the 2001 earthquakes. Due to these conditions, there
continues to be a substantial, but temporary, disruption in living
conditions in El Salvador, and the country continues to be unable,
temporarily, to handle adequately, the return of its nationals.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the March 9, 2001,
designation of El Salvador for TPS continue to be met. See section
244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A).
There continues to be a substantial, but temporary,
disruption in living conditions in El Salvador as a result of an
environmental disaster. See section 244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
El Salvador continues to be unable, temporarily, to handle
adequately the return of its nationals (or aliens having no nationality
who last habitually resided in El Salvador). See section 244(b)(1)(B)
of the Act, 8 U.S.C. 1254a(b)(1)(B).
The designation of El Salvador for TPS should be extended
for an additional 18-month period. See section 244(b)(3)(C) of the Act,
8 U.S.C. 1254a(b)(3)(C).
There are approximately 212,000 nationals of El Salvador
(or aliens having no nationality who last habitually resided in El
Salvador) who may be eligible to re-register for TPS under this
extended designation.
Notice of Extension of the TPS Designation of El Salvador
By the authority vested in me as Secretary of Homeland Security
under section 244 of the Act, 8 U.S.C. 1254a, I have determined after
consultation with the appropriate Government agencies, that the
conditions that prompted the designation of El Salvador for temporary
protected status (TPS) on March 9, 2001 continue to be met. See section
244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the basis of this
determination, I am extending the TPS designation of El Salvador for 18
months from its current expiration on March 9, 2012 through September
9, 2013.
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees To Register or Re-
register for TPS
To register or re-register for TPS for El Salvador, an applicant
must submit:
1. Application for Temporary Protected Status, Form I-821.
You only need to pay the Form I-821 application fee if you
are filing an application for late initial registration. See 8 CFR sec.
244.2(f)(2) and information on late initial filing on the USCIS TPS Web
page at www.uscis.gov/tps.
You do not need to pay the Form I-821 fee for a re-
registration; and
2. Application for Employment Authorization, Form I-765.
If you are applying for re-registration, you must pay the
Form I-765 application fee only if you want an Employment Authorization
Document (EAD) (Form I-766).
If you are applying for late initial registration and want
an EAD, you must pay the Form I-765 fee only if you are age 14 through
65. No EAD fee is required if you are under the age of 14 or over the
age of 65 and applying for late initial registration.
You do not pay the Form I-765 fee if you are not
requesting an EAD.
You must submit both completed application forms together. If you
are unable to pay, you may apply for application and/or biometrics fee
waivers by completing a Request for Fee Waiver (Form I-912) or
submitting a
[[Page 1713]]
personal letter requesting a fee waiver, and providing satisfactory
supporting documentation. For more information on the application forms
and fees for TPS, please visit the USCIS TPS Web page at http://www.uscis.gov/tps and click on Temporary Protected Status for El
Salvador. Fees for Form I-821, Form I-765, and biometric services are
also described in 8 CFR 103.7(b).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee. As previously stated, if you are unable to pay, you may
apply for a biometrics fee waiver by completing a Form I-912, or 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.
Refiling 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
promptly process the applications and issue EADs. 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
applications. This situation will fall 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)(A)(iii) of the Act; 8 U.S.C. 1254a(c)(3)(A)(iii);
8 CFR 244.17(c). For more information on good cause for late re-
registration, please look at the Questions & Answers for El Salvador
TPS found on the USCIS TPS Web page for El Salvador.
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 for re-registration U.S. Postal Service: USCIS
and you live in the following states/ Attn: TPS El Salvador
territories: Connecticut, Delaware, P.O. Box 8635
Florida, Georgia, Illinois, Indiana, Chicago, IL 60680-8635.
Kentucky, Maine, Maryland, Non-U.S. Postal Delivery
Massachusetts, Michigan, New Service: USCIS
Hampshire, New Jersey, North Carolina, Attn: TPS El Salvador
Ohio, Pennsylvania, Rhode Island, 131 S. Dearborn--3rd Floor
South Carolina, Vermont, Virginia, Chicago, IL 60603-5517.
Washington DC, West Virginia.
You are applying for re-registration U.S. Postal Service: USCIS
and you live in the following states/ Attn: TPS El Salvador
territories: Alabama, Alaska, American P.O. Box 660864
Samoa, Arkansas, Colorado, Guam, Dallas, TX 75266.
Hawaii, Idaho, Iowa, Kansas, Non-U.S. Postal Delivery
Louisiana; Minnesota, Mississippi, Service: USCIS
Missouri, Montana, Nebraska, New 2501 S. State Highway, 121
Mexico, New York, North Dakota, Business
Northern Mariana Islands, Oklahoma, Suite 400
Puerto Rico, South Dakota, Tennessee, Lewisville, TX 75067.
Texas, Utah, Virgin Islands,
Wisconsin, Wyoming.
You are applying for re-registration U.S. Postal Service: USCIS
and you live in the following states/ Attn: TPS El Salvador
territories: Arizona, California, P.O. Box 21800
Nevada, Oregon, Washington. Phoenix, AZ 85036.
Non-U.S. Postal Delivery
Service: USCIS
1820 E. Skyharbor, Circle S,
Suite 100
Phoenix, AZ 85034.
You are applying for the first time as U.S. Postal Service: USCIS
a late initial registrant through US Attn: TPS El Salvador
Postal Service. P.O. Box 8670
Chicago, IL 60680-8670.
Non-U.S. Postal Delivery
Service: USCIS
Attn: TPS El Salvador
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 by the IJ or BIA,
please mail your application to the proper address for TPS re-
registration based on the state/territory where you live.
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.
[[Page 1714]]
Am I eligible to receive an automatic 6-month extension of my current
EAD from March 9, 2012 through September 9, 2012?
You will receive an automatic 6-month extension of your EAD if you:
Are a national of El Salvador (or an alien having no
nationality who last habitually resided in El Salvador);
Received an EAD under the last extension of TPS for El
Salvador; and
Have not had TPS withdrawn or denied.
This automatic extension is limited to EADs with an expiration date
of March 9, 2012. These EADs must also bear the notation ``A-12'' or
``C-19'' on the face of the card under ``Category.''
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 page 5 of the
Employment Eligibility Verification, Form I-9. Employers are required
to verify the identity and employment authorization of all new
employees by using Form I-9. Within three 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.''
If you received a 6-month automatic extension of your EAD by virtue
of this Federal Register notice, you may choose to present your
automatically extended EAD, as described above, to your employer as
proof of identity and employment authorization for Form I-9 through
September 9, 2012 (see the subsection below titled ``How do I and my
employer complete 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 September 9,
2012. 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?
You must present any document from List A or any document from List
C on Form I-9 to reverify employment authorization. Employers are
required to reverify on Form I-9 the employment authorization of
current employees upon the expiration of a TPS-related EAD.
If you received a 6-month automatic extension of your EAD by virtue
of this Federal Register notice, your employer does not need to
reverify until after September 9, 2012. However, you and your employer
do need to make corrections to the employment authorization expiration
dates in section 1 and section 2 of the Form I-9 (see the subsection
below titled ``What corrections should I and my employer at my current
job 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 avoid confusion about whether or
not your expired TPS-related document is acceptable. After September 9,
2012, when the automatic extension expires, your employer must reverify
your employment authorization. You may show any document from List A or
List C on Form I-9 to satisfy this reverification requirement.
What happens after September 9, 2012 for purposes of employment
authorization?
After September 9, 2012, employers may not accept the EADs that
were automatically extended by this Federal Register notice. However,
USCIS will issue new EADs to TPS re-registrants. These EADs will have
an expiration date of September 9, 2013 and can be presented to your
employer as proof of employment authorization and identity. The EAD
will bear the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.'' Alternatively, you may choose to present any other
legally acceptable document or combination of documents listed on the
Form I-9 to prove identity and employment authorization.
How do I and my employer complete Form I-9 (i.e., verification) using
an automatically extended EAD for a new job?
When using an automatically extended EAD to fill out Form I-9 for a
new job prior to September 9, 2012, 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 (A-number) in the first space (your EAD
or other document from DHS will have your A-number printed on it); and
c. Write the automatic extension date in the second space.
(2) For Section 2, employers should:
a. Record the document title;
b. Record the document number; and
c. Record the automatically extended EAD expiration date.
After September 9, 2012, employers must reverify the employee's
employment authorization in Section 3 of Form I-9.
What corrections should I and my employer at my current job make to
Form I-9 if my EAD has been automatically extended?
If you are an existing employee who presented a TPS 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 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 ``September 9, 2012'' 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 September 9, 2012, 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.
After September 9, 2012, 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 Expiring'' 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 Form I-9 to reverify an employee's
employment authorization. For existing employees with TPS EADs that
have been automatically extended, employers
[[Page 1715]]
should disregard the E-Verify case alert and follow the instructions
above explaining how to correct Form I-9. After September 9, 2012,
employment authorization needs to be reverified in Section 3. You
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 Salvadoran citizenship?
No. When completing the Form I-9, employers must accept any
documentation that appears on the lists of acceptable documentation,
and that reasonably appears to be genuine and that relates to you.
Employers may not request documentation that does not appear on the
Form I-9. Therefore, employers may not request proof of Salvadoran
citizenship when completing Form I-9. If presented with EADs that have
been automatically extended pursuant to this Federal Register notice or
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 because or your citizenship or immigration
status, or national origin.
Note to All Employers
Employers are reminded that the laws requiring 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 questions, employers may call the USCIS Customer
Assistance Office at 1-(800) 357-2099. The USCIS Customer Assistance
Office accepts calls in English and Spanish only. Employers may also
call the Department of Justice (DOJ) Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC) Employer Hotline
at 1-(800) 255-8155.
Note to Employees
Employees or applicants may call the DOJ OSC Worker Information
Hotline at 1-(800) 255-7688 for information regarding employment
discrimination based upon citizenship or immigration status, and
national origin, unfair documentary practices related to the Form I-9,
and discriminatory practices related E-Verify. Employers must accept
any document or combination of documents acceptable for 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 Form I-9 completion. Further,
employees who receive an initial mismatch via E-Verify must be given an
opportunity to challenge the mismatch, and employers are prohibited
from taking adverse action against such employees based on the initial
mismatch unless and until E-Verify returns a final non-confirmation.
The Hotline accepts calls in multiple languages. Additional information
is available on the OSC Web site at http://www.justice.gov/crt/osc/.
Note Regarding Federal, State and Local Government Agencies (Such as
Departments of Motor Vehicles)
State and local government agencies are permitted to create their
own 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. If you
are applying for a state or local government benefit, you may need to
provide the state or local 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, Form
I-821 Receipt Notice (Form I-797) for this re-registration;
(4) A copy of your past or current Form I-821 Approval Notice (Form
I-797), if you receive one from USCIS; and
(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 state or local agency regarding which document(s)
the agency will accept.
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
following completion of all required SAVE verification steps, the
agency must offer you the opportunity to appeal the decision in
accordance with the agency's procedures. If the agency has completed
all SAVE verification and you do not believe the response is correct,
you may make an Info Pass 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 www.uscis.gov/save, then by choosing ``How to Correct
Your Records'' from the menu on the right.
[FR Doc. 2012-143 Filed 1-10-12; 8:45 am]
BILLING CODE 9111-97-P
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