Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Sudan, Nicaragua, Haiti, and El Salvador
| Published date | 01 March 2019 |
| Citation | 84 FR 7103 |
| Record Number | 2019-03783 |
| Section | Notices |
| Court | U.s. Citizenship And Immigration Services |
Federal Register, Volume 84 Issue 41 (Friday, March 1, 2019)
[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7103-7109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03783]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2641-19; DHS Docket No. USCIS-2018-0005]
RIN 1615-ZB78
Continuation of Documentation for Beneficiaries of Temporary
Protected Status Designations for Sudan, Nicaragua, Haiti, and El
Salvador
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces actions to ensure its continued compliance with the
preliminary injunction order of the U.S. District Court for the
Northern District of California in Ramos v. Nielsen, No. 18-cv-01554
(N.D. Cal. Oct. 3, 2018) (``preliminary injunction''). Beneficiaries
under the Temporary Protected Status (TPS) designations for Sudan,
Nicaragua, Haiti, and El Salvador will retain their TPS while the
preliminary injunction remains in effect, provided that an individual's
TPS is not withdrawn under Immigration and Nationality Act (INA)
section 244(c)(3) or 8 CFR 244.14 because of ineligibility.
DHS is further announcing it is automatically extending through
January 2, 2020, the validity of TPS-related Employment Authorization
Documents (EADs), Forms I-797, Notice of Action (Approval Notice), and
Forms I-94 (Arrival/Departure Record) (collectively ``TPS-Related
Documentation''), as specified in this notice, for beneficiaries under
the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador,
provided that the affected TPS beneficiaries remain otherwise
individually eligible for TPS. See INA section 244(c)(3). This Notice
also provides information explaining DHS's plans to issue a subsequent
notice that will describe the steps DHS will take after January 2,
2020, should continued compliance with the preliminary injunction be
necessary.
DATES: The TPS designations of Sudan, Nicaragua, Haiti, and El Salvador
will remain in effect, as required by the preliminary injunction order
of the U.S. District Court for the Northern District of California in
Ramos v. Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), so long as
the preliminary injunction remains in effect. TPS for those countries
will not be terminated unless and until any superseding, final, non-
appealable judicial order permits the implementation of such
terminations. Information on the status of the preliminary injunction
will be available at http://uscis.gov/tps.
Further, DHS is automatically extending the validity of TPS-Related
Documentation for those beneficiaries under the TPS designations for
Sudan, Nicaragua, Haiti, and El Salvador, as specified in this Notice.
Those documents will remain in effect for nine months through January
2, 2020, provided the individual's TPS is not withdrawn under INA
section 244(c)(3) or 8 CFR 244.14 because of ineligibility. See 83 FR
54764 (Oct. 31, 2018) (notice stating that should Ramos injunction
continue beyond April 2, 2019, DHS will publish a subsequent notice to
extend TPS-related Documentation of eligible beneficiaries under the
TPS designations of Sudan, Nicaragua, Haiti, and El Salvador for nine
months from that date).
In the event the preliminary injunction is reversed and that
reversal becomes final, DHS will allow for an orderly transition
period, as described in the ``Possible Future Action'' section of this
Notice.
FOR FURTHER INFORMATION CONTACT:
You may contact Samantha Deshommes, Chief, Regulatory
Coordination Division, Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, U.S. Department of Homeland Security, by mail
at 20 Massachusetts Avenue NW, Washington, DC 20529-2060, or by phone
at 800-375-5283.
For further information on TPS, please visit the USCIS TPS
web page at http://www.uscis.gov/tps. You can find specific information
about this continuation of the TPS benefits for eligible individuals
under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador
by selecting the respective country's page from the menu on the left
side of the TPS web page.
If you have additional questions about TPS, please visit
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of
your questions and point you to additional information on our website.
If you are unable to find your answers there, you may also call our
USCIS Contact Center at 800-375-5283.
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at http://www.uscis.gov, or call the USCIS Contact Center at
800-375-5283 (TTY 800-767-1833).
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
Background on Temporary Protected Status (TPS)
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the 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
[[Page 7104]]
in the United States, may not be removed, and are authorized to obtain
EADs so long as they continue to meet the requirements of TPS.
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion.
The granting of TPS does not result in or lead to lawful
permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary terminates a country's TPS designation,
beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
been terminated); or
[cir] Any other lawfully obtained immigration status or category they
received while registered for TPS, as long as it is still valid on the
date TPS terminates.
Purpose of This Action
Through this Federal Register notice, the Department of Homeland
Security (DHS) announces actions to ensure its continued compliance
with the preliminary injunction order of the U.S. District Court for
the Northern District of California in Ramos v. Nielsen, No. 18-cv-
01554 (N.D. Cal. Oct. 3, 2018). Beneficiaries under the TPS
designations for Sudan, Nicaragua, Haiti, and El Salvador will retain
their TPS while the preliminary injunction remains in effect, provided
that an individual's TPS status is not withdrawn under INA section
244(c)(3) because of ineligibility. See also 8 CFR 244.14.
DHS is further announcing it is automatically extending through
January 2, 2020, the validity of TPS-related Employment Authorization
Documents (EADs), Forms I-797, Notice of Action (Approval Notice), and
Forms I-94 (Arrival/Departure Record) (collectively ``TPS-Related
Documentation''), as specified in this notice, for beneficiaries under
the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador,
provided that the affected TPS beneficiaries remain otherwise
individually eligible for TPS. See INA section 244(c)(3). This notice
also provides information explaining DHS's plans to issue a subsequent
notice that will describe the steps DHS will take after January 2,
2020, to continue its compliance with the preliminary injunction should
such compliance be required.
Automatic Extension of EADs
Through this Federal Register notice, DHS automatically extends
through January 2, 2020, the validity of EADs with the category codes
``A-12'' or ``C-19'' and one of the expiration dates shown below that
have been issued under the TPS designations of Sudan, Nicaragua, Haiti,
and El Salvador: \1\
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\1\ This chart also includes the expired EADs for those
beneficiaries under the TPS designations for Haiti and El Salvador
with pending re-registration applications who were issued individual
notices automatically extending their expired EADs through January
17, 2019 and March 4, 2019. For verification of employment
eligibility and immigration status, USCIS is auto-extending the
expired EADs, bearing the dates July 22, 2017 and January 22, 2018
(for EADs issued to beneficiaries under the TPS designation for
Haiti), and March 9, 2018 and September 9, 2019 (for EADs issued to
beneficiaries under the TPS designation for El Salvador).
07/22/2017
11/02/2017
01/05/2018
01/22/2018
03/09/2018
11/02/2018
01/05/2019
04/02/2019
07/22/2019
09/09/2019
Additionally, a beneficiary under the TPS designations for Sudan,
Nicaragua, Haiti, or El Salvador who applied for a new EAD but who has
not yet received his or her new EAD is also covered by this automatic
extension, provided that the EAD he or she possesses contains one of
the expiration dates noted in the chart above. Such individuals may
show this Federal Register notice and their EAD to employers to
demonstrate they have employment authorization and that their TPS-
Related Documentation has been extended through January 2, 2020. This
Notice explains how TPS beneficiaries and their employers may determine
which EADs are automatically extended and how this affects the Form I-
9, Employment Eligibility Verification, E-Verify, and USCIS Systematic
Alien Verification for Entitlements (SAVE) processes.
Automatic Extension of Forms I-94 (Arrival/Departure Record) and Forms
I-797 (Notice of Action (Approval Notice))
In addition, through this Federal Register notice, DHS
automatically extends through January 2, 2020, the validity periods of
the following Forms I-94 and Forms I-797, Notice of Action (Approval
Notice), previously issued to eligible beneficiaries granted TPS under
the designations for Sudan, Nicaragua, Haiti, and El Salvador:
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Country Beginning date of validity: End date of validity:
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Sudan.................................. May 3, 2016........................ Nov. 2, 2017.
Nov. 3, 2017....................... Nov. 2, 2018.
Nicaragua.............................. July 6, 2016....................... Jan. 5, 2018.
Jan. 6, 2018....................... Jan. 5, 2019.
Haiti.................................. Jul. 23, 2017...................... Jan. 22, 2018.
Jan. 23, 2018...................... July 22, 2019.
El Salvador............................ Sept. 10, 2016..................... Mar. 9, 2018.
Mar. 10, 2018...................... Sept. 9, 2019.
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However, the extension of this validity period applies only if the
eligible TPS beneficiary properly filed for TPS re-registration during
the most recent DHS-announced registration period for the applicable
country, or in the case of Haiti, during the most recent such re-
registration period or the re-registration period prescribed in the May
24, 2017 Federal Register notice (82 FR 23830), or has a re-
registration application that remains pending. In addition, the
extension does not apply if the TPS of any such individual has been
finally withdrawn. This notice does not extend the validity date of any
TPS-related Form I-94 or Form I-797, Notice of Action (Approval
Notice), issued to a TPS beneficiary that contains an end date not on
the chart above where the individual has failed to file for TPS re-
registration, or where his or her re-registration request has been
finally denied.
[[Page 7105]]
Application Procedures
Current beneficiaries under the TPS designations for Sudan,
Nicaragua, Haiti, and El Salvador do not need to pay a fee or file any
application, including the Application for Employment Authorization
(Form I-765), to maintain their TPS benefits through January 2, 2020,
if they have properly re-registered for TPS during the most recent DHS-
announced registration period for their country. TPS beneficiaries who
have failed to re-register properly for TPS during the last
registration period may still file Form I-821 (Application for
Temporary Protected Status) but must demonstrate ``good cause'' for
failing to re-register on time, as required by law. See INA section
244(c)(3)(C) (TPS beneficiary's failure to register without good cause
in form and manner specified by DHS is ground for TPS withdrawal); 8
CFR 244.17(b) and Instructions to Form I-821. Any eligible beneficiary
under the TPS designations for Sudan, Nicaragua, Haiti, or El Salvador
who either does not possess an EAD that is automatically extended by
this Notice, or wishes to apply for a new EAD may file Form I-765 with
appropriate fee (or fee waiver request). If approved, USCIS will issue
an EAD with a January 2, 2020, expiration date. Similarly, USCIS will
issue an EAD with a January 2, 2020 expiration date for those with
pending EAD applications that are ultimately approved.
Possible Future Action
If it becomes necessary to comply with statutory requirements for
TPS re-registration during the pendency of the Court's Order or any
superseding court order concerning the beneficiaries under the TPS
designations for Sudan, Nicaragua, Haiti, and El Salvador, DHS may
announce re-registration procedures in a future Federal Register
notice. See section 244(c)(3)(C) of the INA; 8 CFR 244.17.
In the event the preliminary injunction is reversed and that
reversal becomes final, DHS will allow for an orderly transition
period, ending on the later of (a) 120 days from the effective date of
such a superseding, final order, or (b) on the Secretary's previously-
announced effective date for the termination of TPS designations for
each individual country, as follows:
Sudan--N/A; \2\
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\2\ Any 120-day transition period would end later than the
Secretary's previously-announced effective dates for the termination
of TPS designations for Sudan and Nicaragua (November 2, 2018 and
January 5, 2019 respectively).
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Nicaragua--N/A;
Haiti--July 22, 2019;
El Salvador--September 9, 2019.
To the extent that a Federal Register notice has auto-extended TPS-
Related Documentation beyond the 120-day orderly transition period, DHS
reserves the right to issue a subsequent Federal Register notice
announcing an expiration date for the documentation that corresponds to
the last day of the 120-day orderly transition period.
Additional Notes
Nothing in this notice affects DHS's ongoing authority to determine
on a case-by-case basis whether TPS beneficiaries continue to meet the
individual eligibility requirements for TPS described in section 244(c)
of the INA and the implementing regulations in part 244 of Title 8 of
the Code of Federal Regulations.
Notice of Compliance With Court Order Enjoining the Implementation and
Enforcement of Determinations To Terminate the TPS Designations of
Sudan, Nicaragua, Haiti, and El Salvador
As required by the preliminary injunction order of the U.S.
District Court for the Northern District of California in Ramos v.
Nielsen, No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018), the previously-
announced determinations to terminate the existing designations of TPS
for Sudan, Nicaragua, Haiti, and El Salvador \3\ will not be
implemented or enforced unless and until the District Court's Order is
reversed and that reversal becomes final for some or all of these four
countries.
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\3\ See Termination of the Designation of Sudan for Temporary
Protected Status, 82 FR 47228 (Oct. 11, 2017); Termination of the
Designation of Nicaragua for Temporary Protected Status, 82 FR 59636
(Dec. 15, 2017); Termination of the Designation of Haiti for
Temporary Protected Status, 83 FR 2648 (Jan. 18, 2018); Termination
of the Designation of El Salvador for Temporary Protected Status, 83
FR 2654 (Jan. 18, 2018).
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In further compliance with the Order, DHS is publishing this
Federal Register Notice automatically extending the validity of the
TPS-Related Documentation specified above in the Supplementary
Information section of this Notice for nine months from April 2, 2019
through January 2, 2020, for eligible beneficiaries under the TPS
designations for Sudan, Nicaragua, Haiti, and El Salvador.
Any termination of TPS-Related Documentation for beneficiaries
under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador
will go into effect on the later of: (a) 120 days from the effective
date of any superseding, final, non-appealable judicial order that
permits the implementation of such terminations, or (b) on the
Secretary's previously-announced effective date for the termination of
TPS designations for each individual country. To the extent that a
subsequent Federal Register notice has auto-extended TPS-Related
Documentation beyond the 120-day orderly transition period, DHS
reserves the right to issue another Federal Register notice
invalidating the documents at the end of the orderly transition period.
DHS will issue another Federal Register notice approximately 30
days before January 2, 2020, that will either extend TPS-Related
Documentation for an additional nine months from January 2, 2020, or
provide appropriate procedures for obtaining renewed TPS documentation
for all affected eligible beneficiaries under the TPS designations for
Sudan, Nicaragua, Haiti, and El Salvador. DHS will continue to issue
Federal Register notices at nine-month intervals so long as the
preliminary injunction remains in place and will continue its
commitment to a 120-day orderly transition period, as described above.
All TPS beneficiaries must continue to maintain their TPS
eligibility by meeting the requirements for TPS in INA section 244(c)
and part 244 of Title 8 of the Code of Federal Regulations. DHS will
continue to adjudicate any pending TPS re-registration and pending late
initial applications for affected beneficiaries from the four
countries, and continue to make appropriate individual TPS withdrawal
decisions in accordance with existing procedures if an individual no
longer maintains TPS eligibility. DHS may continue to announce periodic
re-registration procedures for eligible TPS beneficiaries in accordance
with the INA and DHS regulations. Should the preliminary injunction
order remain in effect, DHS will take appropriate steps to continue its
compliance with the preliminary injunction and all statutory
requirements.
Claire M. Grady,
Under Secretary for Management and Senior Official Performing the
Duties of the Deputy Secretary.
Approved Forms To Demonstrate Continuation of Lawful Status and TPS-
Related Employment Authorization
This Federal Register Notice March 1, 2019.
[cir] Through operation of this Federal Register notice, the existing
EADs of affected TPS beneficiaries are
[[Page 7106]]
automatically extended through January 2, 2020.
[cir] A beneficiary granted TPS under the designations for Sudan,
Nicaragua, Haiti, and El Salvador may show a copy of this notice, along
with his or her specified EAD, to his or her employer to demonstrate
identity and continued TPS-related employment eligibility for purposes
of meeting the Employment Eligibility Verification (Form I-9)
requirements.
[cir] Alternatively, such a TPS beneficiary may choose to show other
acceptable documents that are evidence of identity and employment
eligibility as described in the Instructions to Employment Eligibility
Verification (Form I-9).
[cir] Finally, such a TPS beneficiary may show a copy of this notice,
along with his or her specified EAD, Form I-94, or Form I-797, Notice
of Action (Approval Notice), as evidence of his or her lawful status to
law enforcement, federal, state, and local government agencies, and
private entities.
Employment Authorization Document (EAD)
Am I eligible to receive an automatic extension of my current EAD
through January 2, 2020 using this Federal Register notice?
Yes. This Federal Register notice automatically extends your EAD
through January 2, 2020, if you are a national of Sudan, Nicaragua,
Haiti, or El Salvador (or an alien having no nationality who last
habitually resided in Sudan, Nicaragua, Haiti, or El Salvador) who has
TPS, and your EAD contains a category code of A-12 or C-19 and one of
the expiration dates shown below:
07/22/2017
11/02/2017
01/05/2018
01/22/2018
03/09/2018
11/02/2018
01/05/2019
04/02/2019
07/22/2019
09/09/2019
When hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing Employment
Eligibility Verification (Form I-9)?
You can find lists of acceptable documents on the ``Acceptable
Documents'' web page for Form I-9 at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the
identity and employment authorization of all new employees. Within
three days of hire, employees must present acceptable documents to
their employers as evidence of identity and employment authorization to
satisfy Form I-9 requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which is evidence of employment authorization),
or you may present an acceptable receipt for List A, List B, or List C
documents as described in the Form I-9 Instructions. Employers may not
reject a document based on a future expiration date. You can find
additional information about Form I-9 on the I-9 Central web page at
http://www.uscis.gov/I-9Central.
An EAD is an acceptable document under List A.
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If your EAD has category code of A-12
or C-19 and an expiration date from the
column below, you may show your expired Enter this date in Section 1 of Your employer must reverify your
EAD along with this Federal Register Form I-9: employment authorization by:
notice to complete Form I-9:
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07/22/2017............................. Jan. 2, 2020....................... Jan. 3, 2020.
11/02/2017............................. Jan. 2, 2020....................... Jan. 3, 2020.
01/05/2018............................. Jan. 2, 2020....................... Jan. 3, 2020.
01/22/2018............................. Jan. 2, 2020....................... Jan. 3, 2020.
03/09/2018............................. Jan. 2, 2020....................... Jan. 3, 2020.
11/02/2018............................. Jan. 2, 2020....................... Jan. 3, 2020.
01/05/2019............................. Jan. 2, 2020....................... Jan. 3, 2020.
04/02/2019............................. Jan. 2, 2020....................... Jan. 3, 2020.
07/22/2019............................. Jan. 2, 2020....................... Jan. 3, 2020.
09/09/2019............................. Jan. 2, 2020....................... Jan. 3, 2020.
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If you want to use your EAD with one of the specified expiration
dates above, and that date has passed, then you may also provide your
employer with a copy of this Federal Register notice, which explains
that your EAD has been automatically extended temporarily through
January 2, 2020.
What documentation may I present to my employer for Employment
Eligibility Verification (Form I-9) if I am already employed but my
current TPS-related EAD is set to expire?
Even though your EAD has been automatically extended, your employer
is required by law to ask you about your continued employment
authorization, and you will need to present your employer with evidence
that you are still authorized to work. Once presented, you may correct
your employment authorization expiration date in Section 1 and your
employer should correct the EAD expiration date in Section 2 of Form I-
9. See the subsection titled, ``What corrections should my current
employer and I make to Employment Eligibility Verification (Form I-9)
if my employment authorization has been automatically extended?'' for
further information. You may show this Federal Register notice to your
employer to explain what to do for Form I-9 and to show that your EAD
has been automatically extended through January 2, 2020. Your employer
may need to re-inspect your automatically extended EAD to check the
expiration date and Category code if your employer did not keep a copy
of this EAD when you initially presented it.
The last day of the automatic EAD extension for eligible
beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti,
and El Salvador is January 2, 2020. Before you start work on January 3,
2020, your employer is required by law to reverify your employment
authorization. At that time,
[[Page 7107]]
you must present any document from List A or any document from List C
on Form I-9 Lists of Acceptable Documents, or an acceptable List A or
List C receipt described in the Form I-9 Instructions to reverify
employment authorization.
By January 3, 2020, your employer must complete Section 3 of the
current version of the form, Form I-9 07/17/17 N, and attach it to the
previously completed Form I-9, if your original Form I-9 was a previous
version. Your employer can check USCIS' I-9 Central web page at http://www.uscis.gov/I-9Central for the most current version of Form I-9.
Note that your employer may not specify which List A or List C
document you must present and cannot reject an acceptable receipt.
Can I seek a new EAD?
You do not need to apply for a new EAD in order to benefit from
this automatic extension. However, if you want to obtain a new EAD
valid through January 2, 2020, you must file an Application for
Employment Authorization (Form I-765) and pay the Form I-765 fee (or
request a fee waiver). Note, if you do not want a new EAD, you do not
have to file Form I-765 or pay the Form I-765 fee. If you do not want
to request a new EAD now, you may also file Form I-765 at a later date
and pay the fee (or request a fee waiver), provided that you still have
TPS or a pending TPS application. You may file the application for a
new EAD either before or after your current EAD has expired.
If you are unable to pay the application fee and/or biometric
services fee, you may complete a Request for Fee Waiver (Form I-912) or
submit a personal letter requesting a fee waiver with 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 Form I-821, the Form I-765, and
biometric services are also described in 8 CFR 103.7(b)(1)(i).
Note: If you have a Form I-821 and/or Form I-765 that was still
pending as of April 2, 2019, then you should not file either
application again. If your pending TPS application is approved, you
will be granted TPS through January 2, 2020. Similarly, if you have
a pending TPS-related application for an EAD that is approved, it
will be valid through the same date.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my citizenship from Sudan, Nicaragua,
Haiti, or El Salvador?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 ``Lists of Acceptable Documents'' that reasonably appears
to be genuine and that relates to you, or an acceptable List A, List B,
or List C receipt. Employers need not reverify List B identity
documents. Employers may not request documentation that does not appear
on the ``Lists of Acceptable Documents.'' Therefore, employers may not
request proof of citizenship or proof of re-registration for TPS when
completing Form I-9 for new hires or reverifying the employment
authorization of current employees. If presented with EADs that have
been automatically extended, employers should accept such documents as
a valid List A document so long as the EAD reasonably appears to be
genuine and relates to the employee. Refer to the Note to Employees
section of this Federal Register notice for important information about
your rights if your employer rejects lawful documentation, requires
additional documentation, or otherwise discriminates against you based
on your citizenship or immigration status, or your national origin.
How do my employer and I complete Employment Eligibility Verification
(Form I-9) using my automatically extended employment authorization for
a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job on or before January 2, 2020, you and your employer should do
the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter January 2,
2020, as the ``expiration date''; and
b. Enter your Alien Number/USCIS number or A-Number where indicated
(your EAD or other document from DHS will have your USCIS number or A-
Number printed on it; the USCIS number is the same as your A-Number
without the A prefix).
2. For Section 2, your employer should:
a. Determine if the EAD is auto-extended:
An employee's EAD has been auto-extended if it contains a category
code of A-12 or C-19 and an expiration date shown below:
07/22/2017
11/02/2017
01/05/2018
01/22/2018
03/09/2018
11/02/2018
01/05/2019
04/02/2019
07/22/2019
09/09/2019
If it has been auto-extended, the employer should:
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write January 2, 2020, as the expiration date.
Before the start of work on January 3, 2020, employers are required
by law to reverify the employee's employment authorization in Section 3
of Form I-9.
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my employment authorization has
been auto-extended?
If you presented a TPS-related EAD that was valid when you first
started your job and your EAD has now been automatically extended, your
employer may need to re-inspect your current EAD if they do not have a
copy of the EAD on file. You may, and your employer should, correct
your previously completed Form I-9 as follows:
1. For Section 1, you may:
a. Draw a line through the expiration date in Section 1;
b. Write January 2, 2020, above the previous date; and
c. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Determine if the EAD is auto-extended:
An employee's EAD has been auto-extended if it contains a category
code of A-12 or C-19 and an expiration date shown below:
07/22/2017
11/02/2017
01/05/2018
01/22/2018
03/09/2018
11/02/2018
01/05/2019
04/02/2019
07/22/2019
09/09/2019
If it has been auto-extended:
b. Draw a line through the expiration date written in Section 2;
c. Write January 2, 2020, above the previous date; and
d. Initial and date the correction in the Additional Information
field in Section 2.
[[Page 7108]]
Note: This is not considered a reverification. Employers do not
need to complete Section 3 until either this notice's automatic
extension of EADs has ended or the employee presents a new document
to show continued employment authorization, whichever is sooner. By
January 3, 2020, when the employee's automatically extended EAD has
expired, employers are required by law to reverify the employee's
employment authorization in Section 3.
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for these employees by
providing the employee's Alien Registration number (A#) or USCIS number
as the document number on Form I-9 in the document number field in E-
Verify.
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 have employees who provided a TPS-related EAD with an
expiration date that has been auto-extended by this notice, you should
dismiss the ``Work Authorization Documents Expiring'' case alert.
Before this employee starts to work on January 3, 2020, you must
reverify his or her employment authorization in Section 3 of Form I-9.
Employers should not use E-Verify for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at I9Central@dhs.gov.
Calls and emails are accepted in English and many other languages. For
questions about avoiding discrimination during the employment
eligibility verification process (Form I-9 and E-Verify), employers may
call the U.S. Department of Justice's Civil Rights Division, Immigrant
and Employee Rights Section (IER) (formerly the Office of Special
Counsel for Immigration-Related Unfair Employment Practices) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
IER@usdoj.gov.
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at I-9Central@dhs.gov. Calls are accepted in English,
Spanish, and many other languages. Employees or applicants may also
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based upon citizenship,
immigration status, or national origin, including discrimination
related to Employment Eligibility Verification (Form I-9) and E-Verify.
The IER Worker Hotline provides language interpretation in numerous
languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Employment Eligibility Verification (Form I-9)
Instructions. Employers may not require extra or additional
documentation beyond what is required for Form I-9 completion. Further,
employers participating in E-Verify who receive an E-Verify case result
of ``Tentative Nonconfirmation'' (TNC) must promptly inform employees
of the TNC and give such employees an opportunity to contest the TNC. A
TNC case result means that the information entered into E-Verify from
an employee's Form I-9 differs from records available to DHS.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against an employee because of
the TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
verify an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at https://www.justice.gov/ier and on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.
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, show you are authorized to work based on TPS or other
status, and/or that may be used by DHS to determine whether you have
TPS or other immigration status. Examples of such documents are:
(1) Your current EAD;
(2) Your auto-extended EAD with a copy of this Federal Register
notice, providing an automatic extension of your currently expired or
expiring EAD;
(3) A copy of your Form I-94, (Arrival/Departure Record), or Form
I-797, Notice of Action (Approval Notice), that has been auto-extended
by this notice and a copy of this notice;
(4) Any other relevant DHS-issued document that indicates your
immigration status or authorization to be in the United States, or that
may be used by DHS to determine whether you have such status or
authorization to remain in the United States.
Check with the government agency regarding which document(s) the
agency will accept.
Some benefit-granting agencies use the SAVE program to confirm the
current immigration status of applicants for public benefits. In most
cases, SAVE provides an automated electronic response to benefit-
granting agencies within seconds, but, occasionally, verification can
be delayed. You can check the status of your SAVE verification by using
CaseCheck at the following link: https://save.uscis.gov/casecheck/,
then by clicking the ``Check Your Case'' button. CaseCheck is a free
service that lets you follow the progress of your SAVE verification
using your date of birth and one immigration identifier number. If 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
[[Page 7109]]
agency's procedures. If the agency has received and acted upon or will
act upon a SAVE verification and you do not believe the response is
correct, you may make an InfoPass appointment for an in-person
interview at a local USCIS office. Detailed information on how to make
corrections, make an appointment, or submit a written request to
correct records under the Freedom of Information Act can be found on
the SAVE website at http://www.uscis.gov/save.
[FR Doc. 2019-03783 Filed 2-28-19; 8:45 am]
BILLING CODE 9111-97-P
