Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan
| Published date | 04 November 2019 |
| Citation | 84 FR 59403 |
| Record Number | 2019-24047 |
| Section | Notices |
| Court | U.s. Citizenship And Immigration Services |
Federal Register, Volume 84 Issue 213 (Monday, November 4, 2019)
[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Notices]
[Pages 59403-59410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24047]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2654-19; DHS Docket No. USCIS-2019-0020]
RIN 1615-ZB83
Continuation of Documentation for Beneficiaries of Temporary
Protected Status Designations for El Salvador, Haiti, Honduras, Nepal,
Nicaragua, and Sudan
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 orders of the U.S. District Court for the
Northern District of California in Ramos, et al. v. Nielsen, et al.,
No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (``Ramos'') and the U.S.
District Court for the Eastern District of New York in Saget, et al.,
v. Trump, et al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019) (``Saget''),
and 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) (``Bhattarai''). Beneficiaries under
the Temporary Protected Status (TPS) designations for El Salvador,
Honduras, Nepal, Nicaragua, and Sudan will retain their TPS while the
preliminary injunction in Ramos remains in effect, provided that an
alien's TPS is not withdrawn because of individual ineligibility.
Beneficiaries under the TPS designation for Haiti will retain their TPS
while either of the preliminary injunctions in Ramos or Saget remain in
effect, provided that an alien's TPS is not withdrawn because of
individual ineligibility. This notice further provides information on
the automatic extension of the validity of TPS-related Employment
Authorization Documents (EADs); Notices of Action (Forms I-797); and
Arrival/Departure Records (Forms I-94), (collectively ``TPS-related
documentation''); for those beneficiaries under the TPS designations
for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.
DATES: DHS is automatically extending the validity of TPS-related
documentation for beneficiaries under the TPS designations for El
Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan, as specified in
this notice. Such TPS-related documentation will remain in effect
through January 4, 2021, from the current expiration dates of: January
2, 2020 (for beneficiaries under the TPS designations for El Salvador,
Haiti, Nicaragua, and Sudan); January 5, 2020 (for beneficiaries under
the TPS designation for Honduras); and March 24, 2020 (for
beneficiaries under the TPS designation for Nepal).
FOR FURTHER INFORMATION CONTACT: You may contact Maureen Dunn,
Chief, Humanitarian Affairs 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 www.uscis.gov/tps.
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
U.S. Citizenship and Immigration Services (USCIS) Contact Center at
800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at 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.
[[Page 59404]]
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
Government--U.S. Government
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 Immigration and
Nationality Act (INA) or to eligible persons without nationality who
last habitually resided in the designated country.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, 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 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 of Homeland Security (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
DHS last published notices to ensure its compliance with the Ramos
preliminary injunction on March 1, 2019, and the Bhattarai order to
stay proceedings on May 10, 2019. 84 FR 7103; 84 FR 20647. Through this
Federal Register notice, DHS announces actions to ensure its continued
compliance with the Ramos and Saget preliminary injunction orders and
with the order to stay proceedings in Bhattarai.
The TPS designations for El Salvador, Nicaragua, and Sudan will
remain in effect, as required by the Ramos order, so long as the
preliminary injunction remains in effect. The TPS designation for Haiti
will remain in effect, as required by the preliminary injunction orders
in both Ramos and Saget, so long as either of those preliminary
injunctions remain in effect. The TPS designations for Honduras and
Nepal will remain in effect, as required by the Bhattarai order to stay
proceedings, pending final disposition of the Government's appeal of
the preliminary injunction order in Ramos. Beneficiaries under the TPS
designations for El Salvador, Honduras, Nepal, Nicaragua, and Sudan
will retain their TPS while the preliminary injunction in Ramos remains
in effect, and beneficiaries under the TPS designation for Haiti will
retain their TPS while the preliminary injunctions in either Ramos or
Saget remain in effect, provided that an alien's TPS status is not
withdrawn under INA section 244(c)(3) because of individual
ineligibility. See also 8 CFR 244.14. DHS will not terminate TPS for
any of the affected countries pending final disposition of the Ramos
appeal, or for Haiti pending both Ramos and Saget appeals, including
through any additional appellate channels in which relief may be
sought, or by other orders of the court.
DHS is further announcing it is automatically extending, through
January 4, 2021, the validity of certain TPS-related documentation, as
specified in this notice, for beneficiaries under the TPS designations
for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan, provided
that the affected beneficiaries remain individually eligible for TPS.
This notice also provides information explaining DHS's plans to issue
subsequent notices that will describe the steps DHS will take to
address the status of beneficiaries under the TPS designations for all
the affected countries, if continued compliance with the Ramos or Saget
preliminary injunctions or the Bhattarai order to stay proceedings
becomes necessary.
Automatic Extension of EADs Issued Under the TPS Designations for El
Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan
Through this Federal Register notice, DHS automatically extends the
validity of EADs listed in Table 1 below issued to beneficiaries under
the TPS designations for El Salvador, Haiti, Honduras, Nepal,
Nicaragua, and Sudan. Such individuals may show their automatically-
extended EAD to employers to demonstrate they have employment
authorization, and may wish also to show employers this Federal
Register Notice to explain that their TPS-Related Documentation has
been extended through January 4, 2021. This Notice explains how TPS
beneficiaries, their employers, and benefit-granting agencies 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.
Additionally, a beneficiary under the TPS designation for any of these
countries who has applied for a new EAD but who has not yet received
his or her new EAD is covered by this automatic extension, provided
that the EAD he or she possesses contains one of the expiration dates
listed in Table 1 below.
Table 1--Affected EADs
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Then the
If an EAD has a category code of A-12 or C-19 and an validity of the
expiration date of: EAD is extended
through:
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07/22/2017............................................ 01/04/2021
11/02/2017............................................ 01/04/2021
01/05/2018............................................ 01/04/2021
01/22/2018............................................ 01/04/2021
03/09/2018............................................ 01/04/2021
06/24/2018............................................ 01/04/2021
07/05/2018............................................ 01/04/2021
11/02/2018............................................ 01/04/2021
01/05/2019............................................ 01/04/2021
04/02/2019............................................ 01/04/2021
06/24/2019............................................ 01/04/2021
07/22/2019............................................ 01/04/2021
09/09/2019............................................ 01/04/2021
01/02/2020............................................ 01/04/2021
01/05/2020............................................ 01/04/2021
03/24/2020............................................ 01/04/2021
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Automatic Extension of Forms I-94 and Forms I-797
Also through this Federal Register notice, DHS automatically
extends the validity periods of the Forms I-94 and Forms I-797 listed
in Table 2 below previously issued to beneficiaries under the TPS
designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and
Sudan. These extensions apply only if
[[Page 59405]]
the TPS beneficiary properly filed for re-registration during either
the most recent DHS-announced registration period for their country, or
any applicable previous DHS-announced re-registration periods for his
or her country,\1\ or has a re-registration application that remains
pending. This notice does not extend the validity periods of Forms I-94
or Forms I-797 for any TPS beneficiary who failed to file for TPS re-
registration during one of the applicable previous DHS-announced re-
registration periods, or for whom a re-registration request has been
finally denied. In addition, the extensions do not apply for any
beneficiary from whom TPS has been finally withdrawn.
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\1\ El Salvador: July 8--Sept. 6, 2016 (corresponding to an end
validity date of Mar. 9, 2018) or Jan. 18-Mar. 19, 2018
(corresponding to an end validity date of Sept. 9, 2019); Haiti:
Aug. 25--Oct. 26, 2015 (corresponding to an end validity date of
July 22, 2017), May 24--July 24, 2017 (corresponding to an end
validity date of Jan. 22, 2018), or Jan. 18--Mar. 19, 2018
(corresponding to an end validity date of July 22, 2019); Honduras:
May 16--July 15, 2016 (corresponding to an end validity date of Jan.
5, 2018); Dec. 15, 2017--Feb. 13, 2018 (corresponding to an end date
of July 5, 2018) or June 5--Aug. 6, 2018 (corresponding to an end
validity date of Jan. 5, 2020); Nepal: Oct. 26--Dec. 27, 2016
(corresponding to an end validity date of June 24, 2018) or May 22--
July 23, 2018 (corresponding to an end validity date of June 24,
2019); Nicaragua: May 16--July 15, 2016 (corresponding to an end
validity date of Jan. 5, 2018) or Dec. 15, 2017--Feb. 13, 2018
(corresponding to an end validity date of Jan. 5, 2019); Sudan: Jan.
25--Mar. 25, 2016 (corresponding to an end validity date of Nov. 2,
2017) or Oct. 11, 2017--Dec. 11, 2017 (corresponding to an end
validity date of Nov. 2, 2018).
Table 2--Affected Forms I-94 and I-797
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Validity of
Forms I-94 and I-
Country Beginning date of validity: End date of validity: 797 extended
through:
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El Salvador...................... Sept. 10, 2016............... Mar. 9, 2018................ 01/04/2021
Mar. 10, 2018................ Sept. 9, 2019............... 01/04/2021
Haiti............................ Jan. 23, 2016................ Jul. 22, 2017............... 01/04/2021
Jul. 23, 2017................ Jan. 22, 2018............... 01/04/2021
Jan. 23, 2018................ July 22, 2019............... 01/04/2021
Honduras......................... July 6, 2016................. Jan. 5, 2018................ 01/04/2021
Jan. 6, 2018................. July 5, 2018................ 01/04/2021
July 6, 2018................. Jan. 5, 2020................ 01/04/2021
Nepal............................ Dec. 25, 2016................ June 24, 2018............... 01/04/2021
June 25, 2018................ June 24, 2019............... 01/04/2021
Nicaragua........................ July 6, 2016................. Jan. 5, 2018................ 01/04/2021
Jan. 6, 2018................. Jan. 5, 2019................ 01/04/2021
Sudan............................ May 3, 2016.................. Nov. 2, 2017................ 01/04/2021
Nov. 3, 2017................. Nov. 2, 2018................ 01/04/2021
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Application Procedures
Current beneficiaries under the TPS designations for El Salvador,
Haiti, Honduras, Nepal, Nicaragua, and Sudan do not need to pay a fee
or file any application, including Application for Employment
Authorization (Form I-765), to maintain their TPS benefits through
January 4, 2021, provided that they have properly re-registered for TPS
during either the most recent DHS-announced registration period for
their country, or any applicable previous re-registration period
described in Footnote 1, above.
TPS beneficiaries who have failed to re-register properly for TPS
during any of these re-registration periods may still file an
Application for Temporary Protected Status (Form I-821), 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 Form I-821
instructions.
Any currently eligible beneficiary who does not presently have a
pending EAD application under the TPS designations for El Salvador,
Haiti, Honduras, Nepal, Nicaragua, or Sudan may file Form I-765 with
appropriate fee.
Possible Future Action
In order to comply with statutory requirements for TPS while the
district courts' orders or any superseding court order concerning the
beneficiaries under the TPS designations for El Salvador, Haiti,
Honduras, Nepal, Nicaragua, and Sudan are pending, DHS may require
these beneficiaries to re-register and announce the re-registration
procedures in a future Federal Register notice. See section
244(c)(3)(C) of the INA; 8 CFR 244.17.
The Government has appealed both the Ramos and Saget preliminary
injunctions. Should the Government prevail in its challenge to the
Ramos preliminary injunction, the Secretary's determination to
terminate TPS for Honduras, Nepal, Nicaragua, and Sudan will take
effect no earlier than 120 days from the issuance of any appellate
mandate to the district court. The Secretary's determination to
terminate TPS for El Salvador will take effect no earlier than 365 days
from the issuance of any appellate mandate to the Ramos district court.
DHS provides this additional time for El Salvador TPS beneficiaries in
part because there are almost 100,000 more such beneficiaries than in
the combined TPS beneficiary populations of all the other five
countries covered by this notice.\2\ The additional period of 245 days
beyond 120 days permits an orderly transition for beneficiaries of TPS
from El Salvador as they return to their homeland. If the Government
prevails in its appeals, DHS will also continue to monitor the
circumstances of the affected beneficiaries under the other five TPS
country designations covered by this notice. See INA 244(d)(3).
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\2\ As reported to Congress on May 1, 2019 in the DHS Annual
Congressional Report on TPS, there were 251,445 TPS beneficiaries
from El Salvador at the end of 2018. In contrast, there were 56,114
beneficiaries from Haiti, 80,570 beneficiaries from Honduras, 14,594
beneficiaries from Nepal, 4,508 beneficiaries from Nicaragua, and
805 beneficiaries from Sudan. As reported, there are 94,854 more
beneficiaries of TPS from El Salvador than the combined total of all
other countries whose terminations are currently enjoined by court
order.
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TPS for beneficiaries under Haiti's designation may continue
pursuant to the Saget preliminary injunction. However, should the
Government prevail in its challenges to both the Ramos preliminary
injunction and the
[[Page 59406]]
Saget preliminary injunction, the Secretary's determination to
terminate TPS for Haiti will take effect no earlier than 120 days from
the issuance of the later of the two appellate mandates to the District
Court. To the extent that a Federal Register notice has automatically
extended TPS-related documentation beyond 120 days from the issuance of
any appellate mandate to the District Court, 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 Bhattarai order to
stay proceedings, 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.
Additional Notes
Nothing in this notice affects DHS's ongoing authority to determine
on a case-by-case basis whether a TPS beneficiary continues to meet the
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 the ``Order Enjoining the Implementation and
Enforcement of Determinations to Terminate the TPS Designations for El
Salvador, Haiti, Nicaragua, and Sudan'' in Ramos, the ``Order Enjoining
the Implementation of Enforcement of Determination to Terminate the TPS
Designation of Haiti'' in Saget, and the ``Order to Stay Proceedings
and Agreement to Stay the Determinations to Terminate the TPS
Designations for Honduras and Nepal'' in Bhattarai
The previously-announced determinations to terminate the existing
designations of TPS for El Salvador, Nicaragua, and Sudan \3\ will not
be implemented or enforced unless and until the district court's order
in Ramos is reversed and that reversal becomes final. The previously-
announced determination to terminate the existing designation of TPS
for Haiti will not be implemented or enforced unless and until the
district court's orders in Ramos and Saget are reversed and those
reversals become final.\4\ As required by the order to stay proceedings
in Bhattarai, DHS will not implement or enforce the previously-
announced determinations to terminate the existing TPS designations for
Honduras and Nepal \5\ unless and until the district court's order in
Ramos enjoining implementation and enforcement of the determinations to
terminate the TPS designations for El Salvador, Haiti, Nicaragua, and
Sudan is reversed and that reversal becomes final for some or all of
the affected countries, or by other order of the court. Any termination
of TPS-related documentation for beneficiaries under the TPS
designations for Haiti, Honduras, Nicaragua, Nepal, and Sudan will go
into effect no earlier than 120 days, and no earlier than 365 days for
beneficiaries under the TPS designation for El Salvador, following the
issuance of any mandate to the district court, as described in the
``Possible Future Action'' section of this Federal Register notice.\6\
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\3\ See Termination of the Designation of El Salvador for
Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018); Termination
of the Designation of Nicaragua for Temporary Protected Status, 82
FR 59636 (Dec. 15, 2017); Termination of the Designation of Sudan
for Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017).
\4\ See Termination of the Designation of Haiti for Temporary
Protected Status, 83 FR 2648 (Jan. 18, 2018).
\5\ See Termination of the Designation of Honduras for Temporary
Protected Status, 83 FR 26074 (June 5, 2018); Termination of the
Designation of Nepal for Temporary Protected Status, 83 FR 23705
(May 22, 2018).
\6\ An additional provision in the Bhattarai Order to Stay
Proceedings states that if the Government moves to vacate that
Order, TPS will remain in effect for Honduras and Nepal for at least
180 days following an order of the District Court vacating its stay
of proceedings order.
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In further compliance with the orders, DHS is publishing this
notice automatically extending the validity of the TPS-related
documentation specified in the Supplementary Information section of
this notice through January 4, 2021, for eligible beneficiaries under
the TPS designations for El Salvador, Haiti, Honduras, Nepal,
Nicaragua, and Sudan. DHS will continue to issue notices that will
automatically extend TPS-related documentation for all affected
beneficiaries under the TPS designations for El Salvador, Honduras,
Nicaragua, Nepal, and Sudan, so long as the Ramos preliminary
injunction and Bhattarai order to stay proceedings remain in place; for
Haiti so long as either the Ramos or Saget preliminary injunctions
remain in place; or by other order of the court. However, should
compliance with the Ramos, Bhattarai, and/or Saget court orders remain
necessary, DHS may announce periodic re-registration procedures for
eligible TPS beneficiaries in accordance with the INA and DHS
regulations. DHS further continues 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 El Salvador, Haiti,
Honduras, Nicaragua, Nepal, and Sudan, and continue to make appropriate
individual TPS withdrawal decisions in accordance with existing
procedures if an alien no longer maintains TPS eligibility. DHS will
take appropriate steps to continue its compliance with the orders, and
with all statutory requirements.
Dated: October 29, 2019.
Kevin K. McAleenan,
Acting Secretary.
Approved Forms To Demonstrate Continuation of Lawful Status and TPS-
Related Employment Authorization
This Federal Register notice November 4, 2019
[cir] Through operation of this notice, certain TPS-related
documentation, including EADs, of affected beneficiaries under the TPS
designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and
Sudan are automatically extended through January 4, 2021.
[cir] A beneficiary granted TPS under the designation for El
Salvador, Haiti, Honduras, Nepal, Nicaragua, or Sudan may show his or
her EAD that has been automatically extended to his or her employer to
demonstrate identity and continued TPS-related employment eligibility
to meet Employment Eligibility Verification (Form I-9) requirements. A
beneficiary granted TPS under a designation for one of these countries
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 Form I-9.
[cir] Finally, such a TPS beneficiary may show a copy of this
Federal Register notice, along with his or her EAD that has been
automatically extended, or Form I-94, or Form I-797, as evidence of his
or her lawful status, to law enforcement, Federal, state, and local
government agencies, and private entities.
[[Page 59407]]
Employment Authorization Document (EAD)
Am I eligible to receive an automatic extension of my current EAD using
this Federal Register notice?
Yes. Provided that you currently have a TPS-related EAD with the
specified expiration dates below, this notice automatically extends
your EAD as stated in Table 3 below.
Table 3--Affected EADs
------------------------------------------------------------------------
Then this
Federal
If your EAD has category code of A-12 or C-19 and an Register notice
expiration date of: extends your EAD
through:
------------------------------------------------------------------------
07/22/2017............................................ 01/04/2021
11/02/2017............................................ 01/04/2021
01/05/2018............................................ 01/04/2021
01/22/2018............................................ 01/04/2021
03/09/2018............................................ 01/04/2021
06/24/2018............................................ 01/04/2021
07/05/2018............................................ 01/04/2021
11/02/2018............................................ 01/04/2021
01/05/2019............................................ 01/04/2021
04/02/2019............................................ 01/04/2021
06/24/2019............................................ 01/04/2021
07/22/2019............................................ 01/04/2021
09/09/2019............................................ 01/04/2021
01/02/2020............................................ 01/04/2021
01/05/2020............................................ 01/04/2021
03/24/2020............................................ 01/04/2021
------------------------------------------------------------------------
When hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing 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 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 3 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 your identity and employment authorization) or one document
from List B (which provides evidence of your identity) together with
one document from List C (which provides evidence of your employment
authorization), or you may present an acceptable receipt 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 www.uscis.gov/I-9Central.
An EAD is an acceptable document under List A. See the section
``How do my employer and I complete Form I-9 using my automatically
extended employment authorization for a new job?'' of this Federal
Register notice for further information. If you present your EAD with
one of the expiration dates specified below, 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 January 4, 2021, as follows:
Table 4--Affected EADs and Form I-9
------------------------------------------------------------------------
Your employer
You may show your EAD to complete Enter this date must reverify
Form I-9 if your EAD has category in Section 1 of your employment
code of A-12 or C-19 and bears an Form I-9: authorization
expiration date of: by:
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07/22/2017.......................... 01/04/2021 01/05/2021
11/02/2017.......................... 01/04/2021 01/05/2021
01/05/2018.......................... 01/04/2021 01/05/2021
01/22/2018.......................... 01/04/2021 01/05/2021
03/09/2018.......................... 01/04/2021 01/05/2021
06/24/2018.......................... 01/04/2021 01/05/2021
07/05/2018.......................... 01/04/2021 01/05/2021
11/02/2018.......................... 01/04/2021 01/05/2021
01/05/2019.......................... 01/04/2021 01/05/2021
04/02/2019.......................... 01/04/2021 01/05/2021
06/24/2019.......................... 01/04/2021 01/05/2021
07/22/2019.......................... 01/04/2021 01/05/2021
09/09/2019.......................... 01/04/2021 01/05/2021
01/02/2020.......................... 01/04/2021 01/05/2021
01/05/2020.......................... 01/04/2021 01/05/2021
03/24/2020.......................... 01/04/2021 01/05/2021
------------------------------------------------------------------------
What documentation may I present to my employer for 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 to verify your continued employment
authorization, and you will need to present your employer with evidence
that you are still authorized to work. Once presented, your employer
should correct the EAD expiration date in Section 2 of Form I-9. See
the section, ``What corrections should my current employer make to Form
I-9 if my employment authorization has been automatically extended?''
of this Federal Register notice 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 4 2021, as indicated in the above chart. Your employer
may need to re-inspect your automatically extended EAD to check the
Card Expires 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 extension for your EAD is January 4,
2021. Before you start work on January 5, 2021, 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.
[[Page 59408]]
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 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 obtain a new EAD?
Yes, if you apply and remain eligible for TPS, you can obtain a new
EAD. However, you do not need to apply for a new EAD in order to
benefit from this automatic extension. If you are a beneficiary under
the TPS designations for El Salvador, Haiti, Honduras, Nepal,
Nicaragua, or Sudan and want to obtain a new EAD valid through January
4, 2021, then you must file Form I-765 and pay the associated fee. 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 file Form I-765 at a later date and pay the fee, 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)
consistent with applicable form instructions. For more information on
the application forms and fees for TPS, please visit the USCIS TPS web
page at www.uscis.gov/tps. Fees for Form I-821, 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 application that is
still pending as of January 2, 2020 (for beneficiaries under the TPS
designations for El Salvador, Haiti, Nicaragua, or Sudan); January 5,
2020 (for beneficiaries under the TPS designation for Honduras); or
March 24, 2020 (for beneficiaries under the TPS designation for Nepal);
then you should not file either application again. If your pending Form
I-821 is approved, you will be issued Forms I-797 and I-94 through
January 4, 2021. Similarly, if you have a pending TPS-related Form I-
765 that is approved, your new EAD will be valid through January 4,
2021.
Your TPS itself continues as long as the preliminary injunction
impacting your country's TPS designation remains in effect and in
accordance with any relevant future Federal Register notices that DHS
may issue respecting your country's TPS designation, or your TPS is
finally withdrawn for individual ineligibility under INA, section
244(c), or the applicable TPS designation is terminated as discussed in
the ``Possible Future Action'' section of this Federal Register notice.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my citizenship from El Salvador, Haiti,
Honduras, Nepal, Nicaragua, or Sudan?
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 an EAD that has
been automatically extended, employers should accept such a document 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 Form I-9 using my automatically
extended employment authorization for a new job?
See the chart in the question above ``When hired, what
documentation may I show to my employer as evidence of employment
authorization and identity when completing Form I-9?'' to determine if
your EAD has been automatically extended.
For Section 1, you should:
a. Check ``An alien authorized to work until'' and enter January 4,
2021, as the expiration date indicated in the chart; and
b. Enter your 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).
For Section 2, your employer should also use the chart in the
question above ``When hired, what documentation may I show to my
employer as evidence of employment authorization and identity when
completing Form I-9?'' to determine if your EAD has been automatically
extended. If it has been automatically extended, the employer should:
a. Write in the document title;
b. Enter the issuing authority;
c. Enter either the employee's A-Number or USCIS number from
Section 1 in the Document Number field on Form I-9; and
d. Write January 4, 2021, as the expiration date indicated in the
chart.
Before the start of work on January 5, 2021, 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 www.uscis.gov/I-9Central for the most
current version of Form I-9.
What corrections should my current employer make to 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, your
employer may need to re-inspect your current EAD if they do not have a
copy of the EAD on file. See the chart in the question above ``When
hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing Form I-9?'' to
determine if your EAD has been automatically extended. If your employer
determines that your EAD has been automatically extended, your employer
should correct Section 2 of your previously completed Form I-9 as
follows:
a. Write EAD EXT and January 4, 2021, as the last day of the
automatic extension in the Additional Information field; and
b. Initial and date the correction.
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 5, 2021, when the employee's automatically extended EAD
[[Page 59409]]
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 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 a new employee by
providing the employee's A-Number or USCIS number from Form I-9 in the
Document Number field in E-Verify. Employers should enter January 4,
2021 for the document expiration date.
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 an employee who provided a TPS-related EAD with an
expiration date that has been automatically extended by this Federal
Register notice, you should dismiss the ``Work Authorization Documents
Expiring'' case alert. Before this employee starts work on January 5,
2021, as appropriate, 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, Spanish,
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) 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 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 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 www.justice.gov/ier and
on the USCIS and E-Verify websites at www.uscis.gov/i-9-central and
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:
Your current EAD;
Your automatically extended EAD with a copy of this
Federal Register notice, providing an automatic extension of your
currently expired or expiring EAD;
A copy of your Form I-94 or Form I-797 that has been
automatically extended by this notice and a copy of this notice;
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 USCIS Systematic Alien
Verification for Entitlements Program (SAVE) program to confirm the
current immigration status of applicants for public benefits. While
SAVE can verify when an alien has TPS, each agency's procedures govern
whether they will accept a particular document, such as an EAD or an I-
94. If an agency accepts the type of TPS-related document you are
presenting, such as an EAD or I-94, the agency should accept your
automatically extended TPS-related document. You should:
a. Present the agency with a copy of this Federal Register notice
showing the extension of TPS-related documentation, in addition to your
most recent TPS-related document with your A-Number or I-94 number;
[[Page 59410]]
b. Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
c. 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 validity of your 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
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 case 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 case 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 or update your immigration record, 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 www.uscis.gov/save.
[FR Doc. 2019-24047 Filed 11-1-19; 8:45 am]
BILLING CODE 9111-97-P
