[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Notices]
[Pages 36721-36722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14533]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2064R-00]
RIN 1115-AE26


Extension of Re-Registration Period and Work Authorization for 
Nicaraguans Under Temporary Protected Status Program

AGENCY: Immigration and Naturalization Service.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice extends the re-registration period until July 5, 
2000 for those eligible nationals of Nicaragua (or aliens having no 
nationality who last habitually resided in Nicaragua) who may re-
register for Temporary Protected Status (TPS) and apply for a new 
period of employment authorization. On May 11, 2000, through a notice 
in the Federal Register at 65 FR 30440, the Attorney General extended 
the TPS designation of Nicaragua for an additional 12-month period, 
until July 5, 2001. The May 11, 2000 Federal Register notice also set 
the end of the filing period for re-registration at June 12, 2000, 
which is now being changed to July 5, 2000.
    In addition to extending the re-registration period, this notice 
extends until December 5, 2000 the validity of Employment Authorization 
Documents (EADs) that were issued to Nicaraguan nationals (or aliens 
having no nationality who last habitually resided in Nicaragua) under 
the initial TPS designation and that are set to expire on July 5, 2000. 
To be eligible for this automatic extension of employment 
authorization, an individual must be a national of Nicaragua (or an 
alien having no nationality who last habitually resided in Nicaragua) 
who previously applied for and received an EAD under the initial 
January 5, 1999 designation of Nicaragua for TPS. This automatic 
extension is limited to EADs bearing an expiration date of July 5, 2000 
and the notation:
    <bullet> ``A-12'' or ``C-19'' on the face of the card under 
``Category'' for EADs issued on Form I-766; or,
    <bullet> ``274A.12(A)(12)'' or ``274A.12(C)(19)'' on the face of 
the card under ``Provision of Law'' for EADs issued on Form I-688B.

EFFECTIVE DATES: The extension of the TPS designation for Nicaragua is 
effective July 6, 2000, and will remain in effect until July 5, 2001. 
The re-registration period began May 11, 2000 and will remain in effect 
until July 5, 2000. All EADs that were issued to Nicaraguan nationals 
(or aliens having no nationality who last habitually resided in 
Nicaragua) under the initial Nicaragua TPS designation and that are set 
to expire on July 5, 2000 are automatically extended until December 5, 
2000.

FOR FURTHER INFORMATION CONTACT: Michael Hardin, Office of 
Adjudications, Immigration and Naturalization Service, Room 3214, 425 I 
Street, NW., Washington, DC 20536, telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:

Why Did the Immigration and Naturalization Service Decide To Extend 
the Re-Registration Period for Nicaraguans Filing for an Extension 
of Temporary Protected Status?

    The extreme devastation of Hurricane Mitch prompted the Attorney 
General to make an unprecedented original 18-month designation under 
TPS for Nicaragua. Typically, TPS designations are for 12 months, which 
is also the time period after which TPS applicants must annually 
register with the Immigration and Naturalization Service (Service). 8 
U.S.C. 1254a(c)(3)(C). This annual registration must take place within 
30 days of the anniversary of the initial grant of Temporary Protected 
Status. 8 CFR 244.17.
    The initial 18-month grant of TPS status to Nicaragua, combined 
with EADs issued under TPS designations for Nicaragua stating July 5, 
2000 as their expiration date, has caused confusion as to when a 
Nicaraguan TPS applicant is required to file for a TPS extension. 
Because of this, the Service is extending the dates for re-registration 
by this Notice until the last day of the initial Nicaragua TPS 
designation, July 5, 2000.

When Can I Register for an Extension of TPS?

    The re-registration period begins May 11, 2000 and will remain in 
effect until July 5, 2000. Applications must be physically received, 
not just postmarked, at the appropriate Service Center by July 5, 2000. 
For further filing instructions, see the previous notice in the May 11, 
2000 Federal Register.

What Forms Must I Send in Order To Register for an Extension of 
TPS?

    As previously stated in the May 11, 2000 Federal Register notice, 
in order to re-register under the TPS program, you must file your TPS 
application, Form I-821 (without fee) and an application for employment 
authorization, Form I-765. If you want an EAD, you must submit a fee of 
$100. If you are not requesting employment authorization, you do not 
need to submit a fee. Both forms I-821 and I-765 must be received by 
the appropriate Service Center by July 5, 2000.

Why Is the Service Automatically Extending the Expiration Date of 
EADs From July 5, 2000 to December 5, 2000?

    As stated above, qualified individuals must apply for a new EAD in 
order to register for an extension of TPS. Considering both the number 
of applications that the Service anticipates it will receive and 
Service processing capabilities given the short timeframe provided by 
statute for the decision to extend the Attorney General's designation 
of Nicaragua under the TPS program, it is likely that many re-
registrants will receive their new EAD after the expiration date of 
their current EAD. Unless an extension on the expiration date of their 
EAD is provided, re-registrants may experience a gap in employment 
authorization. Therefore, to afford the Service sufficient processing 
time and to ensure that re-registrants will be able to maintain their 
employment authorization until they receive a new

[[Page 36722]]

EAD in connection with their re-registration for the new period of TPS, 
the Service, through this notice, is extending the validity of 
applicable EADs to December 5, 2000.

Who Is Eligible To Receive an Automatic Extension of Employment 
Authorization?

    To be eligible for an automatic extension of employment 
authorization, an individual must be a national of Nicaragua (or an 
alien having no nationality who last habitually resided in Nicaragua) 
who previously applied for and received an EAD under the initial 
January 5, 1999 designation of Nicaragua for TPS. This automatic 
extension is limited to EADs bearing an expiration date of July 5, 2000 
and the notation:
    <bullet> ``A-12'' or ``C-19'' on the face of the card under 
``Category'' for EADs issued on Form I-766; or,
    <bullet> ``274A.12(A)(12)'' or ``274A.12(C)(19)'' on the face of 
the card under ``Provision of Law'' for EADs issued on Form I-688B.

Does a Qualified Individual Have To Apply to the Service for the 
Automatic Extension to December 5, 2000 of His or Her TPS-Related 
EAD?

    No, the extension of the validity of the previously issued EADs to 
December 5, 2000 is automatic and there is no fee. However, as 
discussed below, qualified individuals are encouraged to retain a copy 
of this Federal Register notice for purposes of the employment 
verification process. Also, qualified individuals must re-register by 
July 5, 2000 in order to be eligible for a new EAD that is valid until 
July 5, 2001.

What Documents Can a Qualified Individual Show to His or Her 
Employer as Proof of Employment Authorization and Identity When 
Completing the Employment Eligibility Verification Form (Form I-9)?

    For completion of the Form I-9 at the time of hire or 
reverification, qualified individuals who have received an extension of 
employment authorization by virtue of this Federal Register notice can 
present to their employer their TPS-related EAD as proof of valid 
employment authorization and identity until December 5, 2000. To 
minimize confusion over this extension at the time of hire or re-
verification, qualified individuals may also present to their employer 
a copy of this Federal Register notice regarding the extension of 
employment authorization to December 5, 2000. In the alternative to 
presenting a TPS-related EAD, any legally acceptable document or 
combination of documents listed in List A, List B, or List C of the 
Form I-9 may be presented as proof of identity and employment 
eligibility; it is the choice of the employee.

How can Employers Determine Which EADs That Have Been Automatically 
Extended Through December 5, 2000 are Acceptable for Completion of 
the Form I-9?

    For the purposes of verifying identity and employment eligibility 
or re-verifying employment eligibility on the Form I-9 until December 
5, 2000, employers of TPS Nicaraguan nationals (or aliens having no 
nationality who last habitually resided in Nicaragua) whose employment 
authorization has been automatically extended by this notice must 
accept an EAD that contains an expiration date of July 5, 2000 and that 
bears the notation:
    <bullet> ``A-12'' or ``C-19'' on the face of the card under 
``Category'' for EADs issued on Form I-766; or,
    <bullet> ``274A.12(A)(12)'' or ``274A.12(C)(19)'' on the face of 
the card under ``Provision of Law'' for EADs issued on Form I-688B.
    New EADs or extension stickers showing the December 5, 2000 
expiration date will not be issued. Employers should not request proof 
of Nicaraguan citizenship. Employers presented with an EAD that has 
been extended by this Federal Register notice and that appears to be 
genuine and to relate to the employee should accept the document as a 
valid List A document and should not ask for additional I-19 
documentation. This action by the Service through this Federal Register 
notice does not affect the right of an employee to present any legally 
acceptable document as proof of identity and eligibility for 
employment. Employers are reminded that the laws prohibiting unfair 
immigration-related employment practices remain in full force. 
Employers may call the Service's Office of Business Liaison Employer 
Hotline at 1-800-357-2099 to speak to a Service representative about 
this Notice. Employers can also call the Office of Special Counsel for 
Immigration Related Unfair Employment Practices (OSC) Employer Hotline 
at 1-800-255-8155. Employees or applicants can call the OSC Employee 
Hotline at 1-800-255-7688 about the automatic extension. Does this 
notice affect any other portion of the May 11, 2000 Federal Register 
notice extending TPS designation for Nicaragua until July 5, 2001?
    No. All other TPS requirements contained in the May 11, 2000, 
Federal Register notice at 65 FR 30440 are accurate and remain in 
effect.

    Dated: May 25, 2000.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-14533 Filed 6-8-00; 8:45 am]
BILLING CODE 4410-10-M