[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26074-26080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12161]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2623-18; DHS Docket No. USCIS-2014-0007]
RIN 1615-ZB75


Termination of the Designation of Honduras for Temporary 
Protected Status

AGENCY: U.S. Citizenship and Immigration Services, U.S. Department of 
Homeland Security.

ACTION: Notice.

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SUMMARY: The designation of Honduras for Temporary Protected Status 
(TPS) is set to expire on July 5, 2018. After reviewing country 
conditions and consulting with appropriate U.S. Government agencies, 
the Secretary of Homeland Security has determined that because 
conditions in Honduras no longer support its designation for TPS, 
termination of the TPS designation of Honduras is required by statute. 
To provide time for an orderly transition, the Secretary is terminating 
the designation effective on January 5, 2020, which is 18 months 
following the end of the current designation.
    Nationals of Honduras (and aliens having no nationality who last 
habitually resided in Honduras) who have been granted TPS and would 
like to maintain their TPS and receive TPS-based Employment 
Authorization Documents (EAD) valid through January 5, 2020, must re-
register for TPS in accordance with the procedures set forth in this 
Notice. After January 5, 2020, nationals of Honduras (and aliens having 
no nationality who last habitually resided in Honduras) who have been 
granted TPS under the Honduras designation will no longer have TPS.

DATES: The designation of Honduras for TPS is terminated effective at 
11:59 p.m., local time, on January 5, 2020. The 60-day re-registration 
period runs from June 5, 2018 through August 6, 2018. (Note: It is 
important for re-registrants to timely re-register during this 60-day 
period.)

FOR FURTHER INFORMATION CONTACT: 
    <bullet> 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, 20 
Massachusetts Avenue NW, Washington, DC 20529-2060; or by phone at 800-
375-5283.
    <bullet> For further information on TPS, including guidance on the 
re-registration process and additional information on eligibility, 
please visit the USCIS TPS web page at http://www.uscis.gov/tps. You 
can find specific information about this termination of Honduras's TPS 
by selecting ``Honduras'' from the menu on the left side of the TPS web 
page.
    <bullet> If you have additional questions about Temporary Protected 
Status, please visit uscis.gov/tools. Our online virtual assistant, 
Emma, can answer many of your questions and point you to additional 
information on our website. If you are unable to find your answers 
there, you may also call our USCIS Contact Center at 800-375-5283.
    <bullet> 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). Service is available in English and 
Spanish.
    <bullet> 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--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
FR--Federal Register
Government--U.S. Government
IJ--Immigration Judge

[[Page 26075]]

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
U.S.C.--United States Code

    Through this Notice, DHS sets forth procedures necessary for 
eligible nationals of Honduras (or aliens having no nationality who 
last habitually resided in Honduras) to re-register for TPS and to 
apply for renewal of their EADs with USCIS. Re-registration is limited 
to persons who have previously registered for TPS under the designation 
of Honduras and whose applications have been granted.
    For individuals who have already been granted TPS under Honduras's 
designation, the 60-day re-registration period runs from June 5, 2018 
through August 6, 2018. USCIS will issue new EADs with a January 5, 
2020 expiration date to eligible Honduran TPS beneficiaries who timely 
re-register and apply for EADs. Given the timeframes involved with 
processing TPS re-registration applications, DHS recognizes that not 
all re-registrants will receive new EADs before their current EADs 
expire on July 5, 2018. Accordingly, through this Federal Register 
notice, DHS automatically extends the validity of EADs issued under the 
TPS designation of Honduras for 180 days, through January 1, 2019. 
Additionally, individuals who have EADs with an expiration date of 
January 5, 2018, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also 
covered by this automatic extension. These individuals may show their 
EAD indicating a January 5, 2018 expiration date and their EAD 
application receipt (Notice of Action, Form I-797C) that notes the 
application was received on or after December 15, 2017, to employers as 
proof of continued employment authorization through January 1, 2019. 
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, and E-Verify 
processes.

What is Temporary Protected Status (TPS)?

    <bullet> 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.
    <bullet> 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.
    <bullet> TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion.
    <bullet> The granting of TPS does not result in or lead to lawful 
permanent resident status.
    <bullet> 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).
    <bullet> 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 
beyond the date TPS terminates.

When was Honduras designated for TPS?

    On January 5, 1999, former Attorney General Janet Reno designated 
Honduras for TPS based on an environmental disaster within that 
country, specifically the severe flooding and associated damage from 
Hurricane Mitch, which struck Honduras in October 1998. See Designation 
of Honduras Under Temporary Protected Status, 64 FR 524 (Jan. 5, 1999). 
The designation has been continuously extended since its initial 
designation. Most recently, on November 6, 2017, former Acting 
Secretary Duke announced that she had not made a decision on Honduras's 
TPS designation by the statutory deadline, resulting in an automatic 6-
month extension of the designation, through July 5, 2018. See DHS Press 
Release, Acting Secretary Elaine Duke Announcement on Temporary 
Protected Status for Nicaragua and Honduras (Nov. 6, 2017), available 
at https://www.dhs.gov/news/2017/11/06/acting-secretary-elaine-duke-announcement-temporary-protected-status-nicaragua-and; see also 
Extension of the Designation of Honduras for Temporary Protected 
Status, 82 FR 59630 (Dec. 15, 2017).

What authority does the Secretary have to terminate the designation of 
Honduras for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate U.S. Government 
agencies, to designate a foreign state (or part thereof) for TPS if the 
Secretary determines that certain country conditions exist.\1\ The 
Secretary may then grant TPS to eligible nationals of that foreign 
state (or eligible aliens having no nationality who last habitually 
resided in the designated country). See INA section 244(a)(1)(A), 8 
U.S.C. 1254a(a)(1)(A).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to the U.S. Department of Homeland Security (DHS) ``shall be 
deemed to refer to the Secretary'' of Homeland Security. See 6 
U.S.C. 557 (codifying the Homeland Security Act of 2002, tit. XV, 
section 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in the 
foreign state designated for TPS to determine whether the conditions 
for the TPS designation continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that 
the foreign state continues to meet the conditions for TPS designation, 
the designation must be extended for an additional period of 6 months 
and, in the Secretary's discretion, may be extended for 12 or 18 
months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If the 
Secretary determines that the foreign state no longer continues to meet 
the conditions for TPS designation, the Secretary must terminate the 
designation, but such termination may not take effect earlier than 60 
days after the date the Federal Register notice of termination is 
published, or if later, the expiration of the most recent previous 
extension of the country's TPS designation. See INA section 
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). The Secretary may determine the 
appropriate effective date of the termination and the expiration of any 
TPS-related documentation, such as EADs, for the purpose of providing 
for an orderly transition. See id.; INA section 244(d)(3), 8 U.S.C. 
1254a(d)(3).

Why is the Secretary terminating the TPS designation for Honduras as of 
January 5, 2020?

    DHS has reviewed conditions in Honduras. Based on the review, which

[[Page 26076]]

considered input received from other appropriate U.S. Government 
agencies, including the Department of State, the Secretary of Homeland 
Security has determined that the conditions supporting Honduras's 1999 
designation for TPS on the basis of environmental disaster due to the 
damage caused by Hurricane Mitch in October 1998 are no longer met. 
Recovery and reconstruction efforts relating to Hurricane Mitch have 
largely been completed. The social and economic conditions affected by 
the hurricane have stabilized, and people are able to conduct their 
daily activities without impediments directly related to damage from 
the hurricane. Honduras has, however, experienced some negative 
environmental conditions unrelated to Hurricane Mitch over the 
intervening years. Despite ongoing challenges relating to coffee rust, 
coffee bean production is up and Honduras is currently the third 
largest Arabica producer in the world. In 2017 Honduras was devastated 
by a pine beetle plague but the Government of Honduras took aggressive 
steps to stem the invasion. Drought conditions Honduras has previously 
dealt with are not currently impacting the country, with USAID 
reporting as of January 2018 that sufficient seasonal rainfall had led 
to higher agricultural production compared to recent years and an 
increase in employment opportunities, resulting in improvements in the 
food security situation in many parts of the country. While some 
housing issues remain, recent construction figures show sustained 
growth in 2017, with residential projects growing by 10% with respect 
to 2016, and commercial projects growing by 18% over the same period. 
Additionally, Honduras has been regularly accepting the return of its 
nationals with final removal orders over the last five years. From 
fiscal year 2013 to fiscal year 2016, DHS removed 120,047 individuals 
to Honduras. In fiscal year 2017, DHS removed 22,381 Honduran 
nationals. As of May 2, 2018, in fiscal year 2018 DHS has removed 
13,800 Honduran nationals.
    Following Hurricane Mitch, Honduras received a significant amount 
of international aid to assist in its recovery efforts and to fund 
reconstruction projects. Accordingly, many reconstruction projects have 
now been completed. Reconstruction programs have helped to address 
Honduras's ongoing housing shortage and improve infrastructure, in 
particular, roads and bridges. Schools and health centers damaged by 
the hurricane have also been repaired or rebuilt and reopened. 
Additionally, Honduras's economy is steadily improving. The Honduran 
economy grew by 3.7% in 2016, and its Gross Domestic Product (GDP) 
annual growth rate is projected to trend around 4.90% by the end of the 
first quarter of 2018. The GDP in Honduras averaged $5.69 billion (USD) 
from 1960 until 2016, reaching an all-time high of $21.52 billion in 
2016. The Honduran Government estimated that the country's unemployment 
rate was 7.4% in 2016.
    DHS estimates that there are approximately 86,000 nationals of 
Honduras (and aliens having no nationality who last habitually resided 
in Honduras) who hold TPS under Honduras's designation.

Notice of Termination of the TPS Designation of Honduras

    By the authority vested in the Secretary of Homeland Security under 
INA section 244(b)(3), 8 U.S.C. 1254a(b)(3), I have determined, after 
consultation with appropriate U.S. Government agencies, that the 
conditions for the designation of Honduras for TPS under 244(b)(1)(B) 
of the INA, 8 U.S.C. 1254a(b)(1)(B), are no longer met.

    Accordingly, I order as follows:
    (1) Pursuant to sections 244(b)(3)(B) and 244(d)(3) of the 
Immigration and Nationality Act, the designation of Honduras for TPS 
is terminated effective at 11:59 p.m., local time, on January 5, 
2020, which is 18 months following the end of the current 
designation, in order to provide for an orderly transition.
    (2) Information concerning the termination of TPS for nationals 
of Honduras (and aliens having no nationality who last habitually 
resided in Honduras) will be available at local USCIS offices upon 
publication of this Notice and through the USCIS Contact Center at 
1-800-375-5283. This information will be published on the USCIS 
website at www.uscis.gov.

Kirstjen M. Nielsen,
Secretary.

Required Application Forms and Application Fees To Re-Register for TPS

    To re-register for TPS based on the designation of Honduras, you 
must submit an Application for Temporary Protected Status (Form I-821). 
You are not required to pay the filing fee for the Form I-821. See 8 
CFR 244.17. You may be required to pay the biometric services fee. 
Please see additional information under the ``Biometric Services Fee'' 
section of this Notice.
    Through operation of this Federal Register notice, your existing 
EAD issued under the TPS designation of Honduras with the expiration 
date of July 5, 2018, is automatically extended for 180 days, through 
January 1, 2019. However, if you want to obtain a new EAD valid through 
January 5, 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.
    Additionally, individuals who have EADs with an expiration date of 
January 5, 2018, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also 
covered by this automatic extension through January 1, 2019. You do not 
need to apply for a new EAD in order to benefit from this 180-day 
automatic extension. If you have a Form I-821 and/or Form I-765 that 
was still pending as of June 5, 2018, then you do not need to file 
either application again. If your pending TPS application is approved, 
you will be granted TPS through January 5, 2020. Similarly, if you have 
a pending TPS-related application for an EAD that is approved, it will 
be valid through the same date.
    Unless you timely re-register and properly file an EAD application 
in accordance with this Notice, the validity of your current EAD will 
end on January 1, 2019. You may file the application for a new EAD 
either prior to or after your current EAD has expired. However, you are 
strongly encouraged to file your application for a new EAD as early as 
possible to avoid gaps in the validity of your employment authorization 
documentation and to ensure that you receive your new EAD by January 1, 
2019.
    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).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years and older. Those applicants must submit a biometric services 
fee. As previously stated, if you are unable to pay for the biometric 
services fee, you may complete a Form I-912 or submit a personal letter 
requesting a fee waiver with satisfactory supporting documentation. For 
more information on the biometric services fee, please visit the USCIS 
website at http://www.uscis.gov. If necessary, you may be required to 
visit an Application Support

[[Page 26077]]

Center to have your biometrics captured. For additional information on 
the USCIS biometrics screening process please see the USCIS Customer 
Profile Management Service Privacy Impact Assessment, available at 
www.dhs.gov/privacy.

Refiling a Re-Registration TPS Application After Receiving a Denial of 
a Fee Waiver Request

    You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any 
EAD promptly. Properly filing early will also allow you to have time to 
refile your application before the deadline should USCIS deny your fee 
waiver request. If, however, you receive a denial of your fee waiver 
request and are unable to refile by the re-registration deadline, you 
may still refile your Form I-821 with the biometrics fee. This 
situation will be reviewed to determine whether you established good 
cause for late TPS re-registration. However, you are urged to refile 
within 45 days of the date on any USCIS fee waiver denial notice, if 
possible. See INA section 244(c)(3)(C) (8 U.S.C. 1254a(c)(3)(C)); 8 CFR 
244.17(b). For more information on good cause for late re-registration, 
visit the USCIS TPS web page at http://www.uscis.gov/tps. Following 
denial of your fee waiver request, you may also refile your Form I-765 
with fee either with your Form I-821 or at a later time, if you choose.

    Note:  Although a re-registering TPS beneficiary age 14 and 
older must pay the biometric services fee (but not the Form I-821 
fee) when filing a TPS re-registration application, you may decide 
to wait to request an EAD. Therefore, you do not have to file the 
Form I-765 or pay the associated Form I-765 fee (or request a fee 
waiver) at the time of re-registration, and could wait to seek an 
EAD until after USCIS has approved your TPS re-registration 
application. If you choose to do this, to re-register for TPS you 
would only need to file the Form I-821 with the biometrics services 
fee, if applicable, (or request a fee waiver).

Mailing Information

    Mail your application for TPS to the proper address in Table 1.

                                           Table 1--Mailing Addresses
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             If you . . .                                       Mail your application to:
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Are re-registering for TPS and you are  U.S. Citizenship and Immigration Services, Attn: TPS Honduras, P.O. Box
 using the U.S. Postal Service to mail   6943, Chicago, IL 60680-6943.
 your package;
or....................................
Were granted TPS by an immigration
 judge or the Board of Immigration
 Appeals, and you wish to request an
 EAD;.
or....................................
You are re-registering for the first
 time after an immigration judge or
 the Board of Immigration Appeals
 granted you TPS and you are using the
 U.S. Postal Service to mail your
 package.
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Are using a non-U.S. Postal Service     U.S. Citizenship and Immigration Services, Attn: TPS Honduras, 131 S
 delivery service to mail your package   Dearborn--3rd Floor, Chicago, IL 60603-5517.
 (for re-registrations).
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    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the 
BIA, please mail your application to the appropriate mailing address in 
Table 1. When re-registering and requesting an EAD based on an IJ/BIA 
grant of TPS, please include a copy of the IJ or BIA order granting you 
TPS with your application. This will help us to verify your grant of 
TPS and process your application.

Supporting Documents

    The filing instructions on the Form I-821 list all the documents 
needed to establish eligibility for TPS. You may also find information 
on the acceptable documentation and other requirements for applying or 
registering for TPS on the USCIS website at www.uscis.gov/tps under 
``Honduras.''

Employment Authorization Document (EAD)

How can I obtain information on the status of my EAD request?

    To get case status information about your TPS application, 
including the status of an EAD request, you can check Case Status 
Online at http://www.uscis.gov, or call the USCIS National Contact 
Center at 800-375-5283 (TTY 800-767-1833). If your Form I-765 has been 
pending for more than 90 days, and you still need assistance, you may 
request an EAD inquiry appointment with USCIS by using the InfoPass 
system at https://infopass.uscis.gov. However, we strongly encourage 
you first to check Case Status Online or call the USCIS National 
Contact Center for assistance before making an InfoPass appointment.

Am I eligible to receive an automatic extension of my current EAD 
through January 1, 2019, using this Federal Register notice?

    Yes. Provided that you currently have a Honduras TPS-based EAD, 
this Federal Register notice automatically extends your EAD through 
January 1, 2019, if you:
    <bullet> Are a national of Honduras (or have no nationality and 
last habitually resided in Honduras); and either,
    <bullet> Have an EAD with a marked expiration date of July 5, 2018, 
bearing the notation A-12 or C-19 on the face of the card under 
Category, or
    <bullet> Have an EAD with a marked expiration date of January 5, 
2018, bearing the notation A-12 or C-19 on the face of the card under 
Category and you applied for a new EAD during the last re-registration 
period but have not yet received a new EAD.
    Although this Federal Register notice automatically extends your 
EAD through January 1, 2019, you must re-register timely for TPS in 
accordance with the procedures described in this Federal Register 
notice if you would like to maintain your TPS.

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 a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Form I-9. 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

[[Page 26078]]

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 detailed information about Form I-9 on USCIS' 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 an 
expiration date of July 5, 2018, or January 5, 2018 (and you applied 
for a new EAD during the last re-registration period but have not yet 
received a new EAD), and states A-12 or C-19 under Category, it has 
been extended automatically for 180 days by virtue of this Federal 
Register notice and you may choose to present this Notice along with 
your EAD to your employer as proof of identity and employment 
eligibility for Form I-9 through January 1, 2019, unless your TPS has 
been withdrawn or your request for TPS has been denied. If you have an 
EAD with a marked expiration date of July 5, 2018, and you properly 
filed for a new EAD in accordance with this Notice, you will also 
receive Form I-797C, Notice of Action that will state your current A-12 
or C-19 coded EAD is automatically extended for 180 days. You may 
choose to present your EAD to your employer together with this Form I-
797C as a List A document that provides evidence of your identity and 
employment authorization for Form I-9 through January 1, 2019, unless 
your TPS has been withdrawn or your request for TPS has been denied. 
See the subsection titled, ``How do my employer and I complete the 
Employment Eligibility Verification (Form I-9) using an automatically 
extended EAD for a new job?'' for further information.
    To reduce confusion over this extension at the time of hire, you 
should explain to your employer that your EAD has been automatically 
extended through January 1, 2019. You may also provide your employer 
with a copy of this Federal Register notice, which explains that your 
EAD has been automatically extended. As an alternative to presenting 
evidence of your automatically extended EAD, you may choose to present 
any other acceptable document from List A, a combination of one 
selection from List B and one selection from List C, or a valid 
receipt.

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 no later than before you start work on July 6, 2018 (or 
July 5, if you have an EAD with a marked expiration date of January 5, 
2018). You will need to present your employer with evidence that you 
are still authorized to work. Once presented, you may correct your 
employment authorization expiration date in Section 1 and your employer 
should correct the EAD expiration date in Section 2 of Form I-9. See 
the subsection titled, ``What corrections should my current employer 
and I make to Employment Eligibility Verification (Form I-9) if my 
employment authorization has been automatically extended?'' for further 
information. You may show this Federal Register notice to your employer 
to explain what to do for Form I-9 and to show that your EAD has been 
automatically extended through January 1, 2019. Your employer may need 
to reinspect your automatically extended EAD to check the expiration 
date and Category code if your employer did not keep a copy of this EAD 
when you initially presented it. In addition, if you have an EAD with a 
marked expiration date of July 5, 2018, and you properly filed your 
Form I-765 to obtain a new EAD, you will receive a Form I-797C, Notice 
of Action. Form I-797C will state that your current A-12 or C-19 coded 
EAD is automatically extended for 180 days. You may present Form I-797C 
to your employer along with your EAD to confirm that the validity of 
your EAD has been automatically extended through January 1, 2019, 
unless your TPS has been withdrawn or your request for TPS has been 
denied. To reduce the possibility of gaps in your employment 
authorization documentation, you should file your Form I-765 to request 
a new EAD as early as possible during the re-registration period.
    The last day of the automatic EAD extension is January 1, 2019. 
Before you start work on January 2, 2019, your employer must reverify 
your employment authorization. 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.
    By January 2, 2019, your employer must complete Section 3 of the 
current version of the form, Form I-9 07/17/17 N, and attach it to the 
previously completed Form I-9, if your original Form I-9 was a previous 
version. Your employer can check the USCIS' I-9 Central web page at 
http://www.uscis.gov/I-9Central for the most current version of Form I-
9.
    Note that your employer may not specify which List A or List C 
document you must present and cannot reject an acceptable receipt.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my Honduran citizenship?

    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 Honduran citizenship or proof of re-registration for 
TPS when completing Form I-9 for new hires or reverifying the 
employment authorization of current employees. If presented with EADs 
that have been automatically extended, employers should accept such 
documents as a valid List A document so long as the EAD reasonably 
appears to be genuine and relates to the employee. Refer to the Note to 
Employees section of this Federal Register notice for important 
information about your rights if your employer rejects lawful 
documentation, requires additional documentation, or otherwise 
discriminates against you based on your citizenship or immigration 
status, or your national origin.

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) using my automatically extended employment authorization for 
a new job?

    When using an automatically extended EAD to complete Form I-9 for a 
new job before January 2, 2019, you and your employer should do the 
following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter January 1, 
2019, the

[[Page 26079]]

automatically extended EAD expiration date 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, employers should:
    a. Determine if the EAD is auto-extended by ensuring it is in 
category A-12 or C-19 and has a July 5, 2018 expiration date (or 
January 5, 2018 expiration date provided you applied for a new EAD 
during the last re-registration period but have not yet received a new 
EAD);
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write January 1, 2019, as the expiration date.
    Alternatively, if you have an EAD with a marked expiration date of 
July 5, 2018, and you also filed for a new EAD, as proof of the 
automatic extension of your employment authorization, you may present 
your expired or expiring EAD with category A-12 or C-19 in combination 
with the Form I-797C Notice of Action showing that the qualifying 
eligibility category is either A-12 or C-19. Unless your TPS has been 
withdrawn or your request for TPS has been denied, this document 
combination is considered an unexpired EAD under List A. In these 
situations, to complete Section 2, employers should:
    a. Determine if the EAD is auto-extended through January 1, 2019, 
by ensuring:
    <bullet> It is in category A-12 or C-19; and
    <bullet> The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Write January 1, 2019, as the expiration date. Before the start 
of work on January 2, 2019, employers must reverify the employee's 
employment authorization in Section 3 of Form I-9.

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my employment authorization has 
been 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. You may, and your employer should, correct 
your previously completed Form I-9 as follows:
    1. For Section 1, you may:
    a. Draw a line through the expiration date in Section 1;
    b. Write January 1, 2019, above the previous date; and
    c. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended by ensuring:
    <bullet> It is in category A-12 or C-19; and
    <bullet> Has a marked expiration date of July 5, 2018; or January 
5, 2018, provided your employee applied for a new EAD during the last 
re-registration period but has not yet received a new EAD.
    b. Draw a line through the expiration date written in Section 2;
    c. Write January 1, 2019, above the previous date; and
    d. Initial and date the correction in the Additional Information 
field in Section 2.
    In the alternative, you may present your expired EAD with category 
A-12 or C-19 in combination with the Form I-797C Notice of Action if 
you have an EAD with a marked expiration date of July 5, 2018. The Form 
I-797C should show that the qualifying eligibility category is either 
A-12 or C-19. To avoid confusion, you may also provide your employer a 
copy of this Notice. Your employer should correct your previously 
completed Form I-9 as follows:
    For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
    <bullet> It is in category A-12 or C-19; and
    <bullet> The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Draw a line through the expiration date written in Section 2;
    c. Write January 1, 2019, 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 the 180-day automatic 
extension has ended or the employee presents a new document to show 
continued employment authorization, whichever is sooner. By January 
2, 2019, when the employee's automatically extended EAD has expired, 
employers must reverify the employee's employment authorization in 
Section 3.

If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee using 
the EAD bearing the expiration date July 5, 2018. Employers may also 
create a case in E-Verify for a new employee using the EAD bearing the 
expiration date January 5, 2018, provided the employee applied for a 
new EAD during the last re-registration period but has not yet received 
a new EAD. Employers may also create a case in E-Verify using the Form 
I-797C receipt information provided on Form I-9 for employees whose 
EADs have a January 5, 2018 or July 5, 2018 expiration date. In either 
case, the receipt number entered as the document number on Form I-9 
should be entered into 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?

    E-Verify automated the verification process for employees whose 
TPS-related EAD was automatically extended. If you have employees who 
are TPS beneficiaries who provided a TPS-related EAD when they first 
started working for you, you will receive a ``Work Authorization 
Documents Expiring'' case alert when the auto-extension period for this 
EAD is about to expire. The alert indicates that before this employee 
starts to work on January 2, 2019, 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 <a href="/cdn-cgi/l/email-protection#d39aea90b6bda7a1b2bf93b7bba0fdb4bca5"><span class="__cf_email__" data-cfemail="82cbbbc1e7ecf6f0e3eec2e6eaf1ace5edf4">[email protected]</span></a>. 
Calls and emails are accepted in English and many other languages. For 
questions about avoiding discrimination during the employment 
eligibility verification process (Form I-9 and E-Verify), employers may 
call the U.S. Department of Justice's Civil Rights

[[Page 26080]]

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 <a href="/cdn-cgi/l/email-protection#cf868a9d8fbabcaba0a5e1a8a0b9"><span class="__cf_email__" data-cfemail="d49d918694a1a7b0bbbefab3bba2">[email protected]</span></a>.

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 <a href="/cdn-cgi/l/email-protection#420b6f7b01272c3630232e02262a316c252d34"><span class="__cf_email__" data-cfemail="7b325642381e150f091a173b1f1308551c140d">[email protected]</span></a>. Calls are accepted in English, 
Spanish, and many other languages. Employees or applicants may also 
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, including discrimination 
related to Employment Eligibility Verification (Form I-9) and E-Verify. 
The IER Worker Hotline provides language interpretation in numerous 
languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Employment Eligibility Verification (Form I-9) 
Instructions. Employers may not require extra or additional 
documentation beyond what is required for Form I-9 completion. Further, 
employers participating in E-Verify who receive an E-Verify case result 
of ``Tentative Nonconfirmation'' (TNC) must promptly inform employees 
of the TNC and give such employees an opportunity to contest the TNC. A 
TNC case result means that the information entered into E-Verify from 
an employee's Form I-9 differs from Federal or state government 
records.
    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 the USCIS website at http://www.dhs.gov/E-verify.

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 and/or show you are authorized to work based on TPS. 
Examples of such documents are:
    (1) Your current EAD;
    (2) A copy of your Notice of Action (Form I-797C), the notice of 
receipt, for your application to renew your current EAD providing an 
automatic extension of your currently expired or expiring EAD;
    (3) A copy of your Notice of Action (Form I-797C), the notice of 
receipt, for your Application for Temporary Protected Status for this 
re-registration; and
    (4) A copy of your Notice of Action (Form I-797), the notice of 
approval, for a past or current Application for Temporary Protected 
Status, if you received one from USCIS.
    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 (SAVE) program to confirm the current 
immigration status of applicants for public benefits. In most cases, 
SAVE provides an automated electronic response to benefit-granting 
agencies within seconds, but, occasionally, verification can be 
delayed. You can check the status of your SAVE verification by using 
CaseCheck at the following link: https://save.uscis.gov/casecheck/, 
then by clicking the ``Check Your Case'' button. CaseCheck is a free 
service that lets you follow the progress of your SAVE verification 
using your date of birth and one immigration identifier number. If an 
agency has denied your application based solely or in part on a SAVE 
response, the agency must offer you the opportunity to appeal the 
decision in accordance with the 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. 2018-12161 Filed 6-4-18; 8:45 am]
 BILLING CODE 9111-97-P


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