Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Nepal and Honduras
| Published date | 10 May 2019 |
| Citation | 84 FR 20647 |
| Record Number | 2019-09635 |
| Section | Notices |
| Court | Homeland Security Department,U.s. Citizenship And Immigration Services |
Federal Register, Volume 84 Issue 91 (Friday, May 10, 2019)
[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Notices]
[Pages 20647-20653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09635]
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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 Nepal and Honduras
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 compliance with the order of the U.S.
District Court for the Northern District of California to stay
proceedings in Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal. Mar.
12, 2019) (``order to stay proceedings''). The claims raised in
Bhattarai v. Nielsen are similar to, and will be informed by the
resolution of, the claims being litigated before the Ninth Circuit
Court of Appeals in Ramos v. Nielsen, No. 18-16981 (9th Cir. filed Oct.
12, 2018). For that reason, DHS will not implement or enforce the
decision to terminate Temporary Protected Status (TPS) for Honduras or
Nepal pending the resolution of the Ramos v. Nielsen appeal, or by
other order of the court. Beneficiaries under the TPS designations for
Nepal and Honduras will retain their TPS, provided that an individual's
TPS status is not withdrawn because of ineligibility.
DHS is further announcing it is automatically extending through
March 24, 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 designation for Nepal, provided that the affected TPS
beneficiaries remain otherwise individually eligible for TPS. The TPS
designation for Honduras remains in effect through January 5, 2020. See
83 FR 26074 (June 5, 2018). This Notice also provides information
explaining DHS's plans to issue subsequent notices that will describe
the steps DHS will take to address the TPS status of beneficiaries
under the TPS designations for Honduras and Nepal, if continued
compliance with the order to stay proceedings during the pendency of
the Ramos v. Nielsen appeal become necessary.
DATES: The TPS designations of Nepal and Honduras will remain in
effect, as required by the order of the U.S. District Court for the
Northern District of California adopting the parties' stipulation to
stay proceedings in Bhattarai v. Nielsen, No. 19-cv-00731 (N.D. Cal.
Mar. 12, 2019), pending final disposition of the Government's appeal of
the preliminary injunction order in Ramos v. Nielsen enjoining
implementation and enforcement of the determinations to terminate the
TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, or by
other order of the court. DHS will not terminate TPS for Honduras or
Nepal pending final disposition of the Ramos appeal, including through
any additional appellate channels in which relief may be sought, or by
other order of the court. Information on the status of the order to
stay proceedings and the Ramos v. Nielsen appeal is available at http://uscis.gov/tps.
Further, DHS is automatically extending the validity of TPS-Related
Documentation for those beneficiaries under the TPS designation for
Nepal, as specified in this Notice. Those documents will remain in
effect for nine months through March 24, 2020, provided the
individual's TPS is not withdrawn under INA section 244(c)(3) or 8 CFR
244.14 because of ineligibility, and Nepal's TPS designation remains in
effect.
In the event the preliminary injunction in Ramos v. Nielsen is
reversed and that reversal becomes final, DHS will allow for a
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 Nepal by selecting the ``Nepal'' page
from the menu on the left side of the TPS web page.
If you have additional questions about Temporary Protected
Status, please visit uscis.gov/tools. Our online
[[Page 20648]]
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 U.S. Citizenship and
Immigration Services (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 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, DHS announces actions to
ensure its compliance with the order of the U.S. District Court for the
Northern District of California to stay proceedings in Bhattarai v.
Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019). The claims raised
in Bhattarai v. Nielsen are similar to, and will be informed by the
resolution, of the claims being litigated before the Ninth Circuit
Court of Appeals in Ramos v. Nielsen, No. 18-16981 (9th Cir. filed Oct.
12, 2018). For that reason, DHS will not implement or enforce the
decision to terminate TPS for Honduras or Nepal pending the resolution
of the Ramos v. Nielsen appeal, or by other order of the court.
Beneficiaries under the TPS designations for Nepal and Honduras will
retain their TPS, 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
March 24, 2020, the validity of TPS-related 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 designation for Nepal, provided
that the affected TPS beneficiaries remain otherwise individually
eligible for TPS. See INA section 244(c)(3). The validity dates of TPS-
Related Documentation for beneficiaries under the TPS designation for
Honduras is discussed below. This Notice also provides information
explaining DHS's plans to issue subsequent notices that will describe
the steps DHS will take to address the TPS status of beneficiaries
under the TPS designations for Honduras and Nepal in order to continue
its compliance with the order to stay proceedings should such
compliance be necessary.
Automatic Extension of EADs
Through this Federal Register Notice, DHS automatically extends
through March 24, 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 designation for Nepal:
06/24/2018
06/24/2019
Additionally, a beneficiary under the TPS designation for Nepal 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 one of these automatically
extended EADs to employers to demonstrate they have employment
authorization. Such individuals may also show employers this Federal
Register Notice, which explains that their EADs have been extended
through March 24, 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 March 24, 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 designation for Nepal:
------------------------------------------------------------------------
Beginning date of
Country validity: End date of validity:
------------------------------------------------------------------------
Nepal.............. Dec. 25, 2016............ June 24, 2018.
June 25, 2018............ June 24, 2019.
------------------------------------------------------------------------
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 Nepal (May 22,
2018-July 23, 2018), the previous re-registration period (Oct. 26,
2016-Dec. 27, 2016), 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
[[Page 20649]]
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.
Application Procedures
Current beneficiaries under the TPS designation for Nepal 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 March 24, 2020, if they have properly re-registered
for TPS during the most recent DHS-announced registration period for
their country, which ran from May 22, 2018 through July 23, 2018, or
the previous re-registration period from October 26, 2016 through
December 27, 2016. TPS beneficiaries who have failed to re-register
properly for TPS during either of these re-registration periods 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 designation for
Nepal 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 March 24, 2020 expiration date. Similarly, USCIS
will issue an EAD with a March 24, 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 District Court's Order
or any superseding court order concerning the beneficiaries under the
TPS designations for Nepal and Honduras, 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.
Following the conclusion of the appeal of the preliminary
injunction in Ramos v. Nielsen, TPS will remain in effect for Honduras
and Nepal for a minimum of the later of (a) 120 days from the issuance
of any appellate mandate to the District Court, or (b) on the
Secretary's previously-announced effective date for the termination of
TPS designations for each individual country, as follows:
Nepal--N/A; \1\
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\1\ Any 120-day transition period would end later than the
Secretary's previously-announced effective date for the termination
of TPS designation for Nepal (June 24, 2019).
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Honduras--January 5, 2020.
To the extent that a Federal Register Notice has automatically
extended TPS-Related Documentation beyond the 120-day 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 period. Should the Government move to
vacate the stay in proceedings in light of an appellate decision
affirming the preliminary injunction in Ramos v. Nielsen that suggests
a basis on which to distinguish the determinations to terminate the TPS
designations for Honduras and Nepal TPS from the TPS terminations at
issue in Ramos v. Nielsen, TPS will remain in effect for Honduras and
Nepal for at least 180 days following an order of the District Court
vacating the stay in proceedings.
Effect on TPS-Related Documentation for Beneficiaries Under the TPS
Designation for Honduras
If otherwise eligible, beneficiaries under the TPS designation for
Honduras who either have been approved for re-registration or have
pending TPS re-registration and EAD applications, either have or will
receive TPS-Related Documentation that will remain in effect until
January 5, 2020. DHS will issue a Federal Register Notice approximately
45 days before January 5, 2020, that will announce an automatic
extension of TPS-related documentation for beneficiaries under the TPS
designation for Honduras. The automatic extension announced in this
Notice therefore does not apply to them.\2\
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\2\ See Termination of the Designation of Honduras for Temporary
Protected Status, 83 FR 26074 (June 5, 2018).
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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 To Stay Proceedings and Agreement
To Stay the Determinations Terminate the TPS Designations for Nepal and
Honduras
As required by the order of the U.S. District Court for the
Northern District of California to stay proceedings in Bhattarai v.
Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019), DHS will not
implement or enforce the previously-announced determinations to
terminate the existing TPS designations for Nepal and Honduras \3\
unless and until the District Court's order in Ramos v. Nielsen
enjoining implementation and enforcement of the determinations to
terminate the TPS designations for Sudan, Nicaragua, Haiti, and El
Salvador is reversed and that reversal becomes final for some or all of
the affected countries, or by other order of the court.
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\3\ See Termination of the Designation of Nepal for Temporary
Protected Status, 83 FR 23705 (May 22, 2018); Termination of the
Designation of Honduras for Temporary Protected Status, 83 FR 26074
(June 5, 2018).
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In further compliance with the Order, I am 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 through March 24, 2020, for eligible
beneficiaries under the TPS designation for Nepal.
Any termination of TPS-Related Documentation for beneficiaries
under the TPS designations for Nepal and Honduras will go into effect
on the later of: (a) 120 days following the issuance of any mandate to
the District Court, 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 automatically extended TPS-Related Documentation beyond the
120-day period, DHS reserves the right to issue another Federal
Register Notice invalidating the documents at the end of the 120-day
period. Should the Government move to vacate the stay in proceedings in
light of an appellate decision affirming the preliminary injunction in
Ramos v. Nielsen that suggests a basis on which to distinguish the
Honduras and Nepal TPS terminations from the TPS terminations at issue
in Ramos v. Nielsen, TPS will remain in effect for Honduras and Nepal
for at least 180 days following an order of the court vacating the stay
in proceedings.
[[Page 20650]]
DHS will continue to issue Federal Register Notices that will
automatically extend by nine months TPS-Related Documentation for all
affected beneficiaries under the TPS designations for Nepal and
Honduras, so long as the order to stay proceedings remains in place, or
by other order of the court, and will continue its commitment to a
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 8 CFR part 244. DHS will continue to adjudicate any pending TPS re-
registration and pending late initial applications for affected
beneficiaries under the TPS designations for Nepal and Honduras, 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 order to stay proceedings
remain in effect, DHS will take appropriate steps to continue its
compliance with the order, and all statutory requirements.
Kevin K. McAleenan,
Acting Secretary.
Approved Forms To Demonstrate Continuation of Lawful Status and TPS-
Related Employment Authorization
This Federal Register Notice May 10, 2019
[cir] Through operation of this Federal Register Notice, certain
EADs of affected beneficiaries under the TPS designation for Nepal are
automatically extended through March 24, 2020.
[cir] A beneficiary granted TPS under the designation for Nepal may
show 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. A beneficiary granted TPS under the designation for Nepal
may also wish to show an employer this Federal Register Notice, which
explains that his or her EAD has been automatically extended.
[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 March 24, 2020, using this Federal Register notice?
Yes. Provided that you currently have a TPS-related EAD for Nepal
with the specified expiration dates described below, this Federal
Register Notice automatically extends your EAD through March 24, 2020,
if you:
Are a national of Nepal (or an alien having no nationality
who last habitually resided in Nepal) who has TPS, and your EAD
contains a category code of A-12 or C-19 and one of the expiration
dates shown below:
06/24/2018
06/24/2019
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 the Lists of Acceptable Documents on the third page of
Form I-9 as well as the ``Acceptable Documents'' web page 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.
------------------------------------------------------------------------
If your EAD has category
code of A-12 or C-19 and an
expiration date from the Enter this date in Your employer must
column below, you may show Section 1 of Form I- reverify your
your expired EAD along with 9: employment
this Federal Register Notice authorization by:
to complete Form I-9:
------------------------------------------------------------------------
June 24, 2018............... March 24, 2020...... March 25, 2020.
June 24, 2019............... March 24, 2020...... March 25, 2020.
------------------------------------------------------------------------
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 for a temporary period of
time, through March 24, 2020 (if you are a beneficiary under the TPS
designation for Nepal).
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
[[Page 20651]]
has been automatically extended through March 24, 2020 (if you are a
beneficiary under the TPS designation for Nepal). 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 your EAD when you initially presented it.
The last day of the automatic EAD extension for eligible
beneficiaries under the TPS designation for Nepal is March 24, 2020.
Before you start work on March 25, 2020, your employer is required by
law to reverify your employment authorization in Section 3 of Form I-9.
At that time, 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. If your original Form I-9 was a
previous version, your employer must complete Section 3 of the current
version of Form I-9, and attach it to your previously completed Form I-
9. Your employer can check the I-9 Central web page at http://www.uscis.gov/I-9Central for the most current version of Form I-9.
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 are a beneficiary under the
TPS designation for Nepal and want to obtain a new EAD valid through
March 24, 2020, you must file an Application for Employment
Authorization (Form I-765) and pay the Form I-765 fee (or request a fee
waiver). 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).
If you have a Form I-821 and/or Form I-765 that was still pending
as of June 24, 2019, then you should not file either application again.
If your pending TPS application under the TPS designation for Nepal is
approved, you will be granted TPS through March 24, 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 Nepal?
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?
If you are a beneficiary under the TPS designation for Nepal, when
using an automatically extended EAD to complete Form I-9 for a new job
on or before March 24, 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 March 24,
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 automatically extended:
------------------------------------------------------------------------
An employee's EAD has been automatically extended if it contains a
category code of A-12 or C-19 and an expiration date shown below:
-------------------------------------------------------------------------
06/24/2018.
06/24/2019.
------------------------------------------------------------------------
If it has been automatically extended, the employer should:
b. Write in the document title;
c. Enter the issuing authority;
d. Provide the document number; and
e. Write March 24, 2020, as the expiration date.
Before the start of work on March 25, 2020, employers are required
by law to reverify the employee's employment authorization in Section 3
of Form I-9. If your original Form I-9 was a previous version, your
employer must complete Section 3 of the current version of Form I-9 and
attach it to your previously completed Form I-9. Your employer can
check the I-9 Central web page at http://www.uscis.gov/I-9Central for
the most current version 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 automatically 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
because you are a beneficiary under the TPS designation for Nepal, 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 March 24, 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 automatically extended:
[[Page 20652]]
------------------------------------------------------------------------
An employee's EAD has been automatically extended if it contains a
category code of A-12 or C-19 and an expiration date shown below:
-------------------------------------------------------------------------
06/24/2018.
06/24/2019.
------------------------------------------------------------------------
If it has been automatically extended:
b. Draw a line through the expiration date written in Section 2;
c. Write March 24, 2020, above the previous date; and
d. Initial and date the correction in the Additional Information
field in Section 2.
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 March
25, 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 your original Form I-9 was a previous
version, your employer must complete Section 3 of the current version
of Form I-9 and attach it to your previously completed Form I-9. Your
employer can check the I-9 Central web page at http://www.uscis.gov/I-9Central for the most current version of Form I-9.
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 automatically extended by this Notice,
you should dismiss the ``Work Authorization Documents Expiring'' case
alert. Before this employee starts to work on March 25, 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 [email protected]. USCIS accepts calls and emails 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 [email protected].
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 [email protected]. USCIS accepts calls 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 automatically 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 automatically
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
[[Page 20653]]
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. While
SAVE can verify when an individual has TPS, each agency's procedures
govern whether they will accept an automatically extended TPS-related
document. You should present the agency with a copy of this Federal
Register Notice showing the extension of TPS-related documentation in
addition to your recent TPS-related document with your alien or I-94
number. You should explain that SAVE will be able to verify the
continuation of your TPS using this information. You should ask the
agency to initiate a SAVE query with your information and follow
through with additional verification steps, if necessary, to get a
final SAVE response showing the TPS. You can also ask the agency to
look for SAVE notices or contact SAVE if they have any questions about
your immigration status or automatic extension of TPS-related
documentation. 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 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. 2019-09635 Filed 5-9-19; 8:45 am]
BILLING CODE 9111-97-P
