[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43695-43700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18444]



[[Page 43695]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2626-18; DHS Docket No. USCIS-2013-0006]
RIN 1615-ZB77


Extension of the Designation of Somalia for Temporary Protected 
Status

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 that the Secretary of Homeland Security (Secretary) is 
extending the designation of Somalia for Temporary Protected Status 
(TPS) for 18 months, from September 18, 2018, through March 17, 2020. 
The extension allows currently eligible TPS beneficiaries to retain TPS 
through March 17, 2020, so long as they otherwise continue to meet the 
eligibility requirements for TPS.
    This Notice also sets forth procedures necessary for nationals of 
Somalia (or aliens having no nationality who last habitually resided in 
Somalia) to re-register for TPS and to apply for Employment 
Authorization Documents (EADs) with U.S. Citizenship and Immigration 
Services (USCIS). USCIS will issue new EADs with a March 17, 2020 
expiration date to eligible Somalia TPS beneficiaries who timely re-
register and apply for EADs under this extension.

DATES: Extension of Designation of Somalia for TPS: The 18-month 
extension of the TPS designation of Somalia is effective September 18, 
2018, and will remain in effect through March 17, 2020. The 60-day re-
registration period runs from August 27, 2018 through October 26, 2018. 
(Note: It is important for re-registrants to timely re-register during 
this 60-day period and not to wait until their EADs expire.)

FOR FURTHER INFORMATION CONTACT: <bullet> You may contact Samantha 
Deshommes, Branch 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 extension of Somalia's TPS 
designation by selecting ``Somalia'' 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).
    <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--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
FR--Federal Register
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and 
Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

    Through this Notice, DHS sets forth procedures necessary for 
eligible nationals of Somalia (or aliens having no nationality who last 
habitually resided in Somalia) 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 Somalia 
and whose applications have been granted.
    For individuals who have already been granted TPS under Somalia's 
designation, the 60-day re-registration period runs from August 27, 
2018 through October 26, 2018. USCIS will issue new EADs with a March 
17, 2020 expiration date to eligible Somali 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 September 17, 2018. Accordingly, through this Federal 
Register notice, DHS automatically extends the validity of EADs issued 
under the TPS designation of Somalia for 180 days, through March 16, 
2019. Additionally, individuals who have EADs with an expiration date 
of March 17, 2017, 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 March 17, 2017, expiration date and their EAD 
application receipt (Notice of Action, Form I-797C) that notes the 
application was received on or after January 17, 2017, to employers as 
proof of continued employment authorization through March 16, 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.
    Individuals who have a Somalia TPS Form I-821 and/or Form I-765 
that was still pending as of August 27, 2018 do not need to file either 
application again. If the TPS application is approved, the individual 
will be granted TPS through March 17, 2020. Similarly, if a pending 
TPS-related application for an EAD is approved, it will be valid 
through the same date. There are approximately 500 current 
beneficiaries under Somalia's TPS designation.

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).

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    <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 Somalia designated for TPS?

    Somalia was initially designated on September 16, 1991, on the 
basis of extraordinary and temporary conditions in Somalia that 
prevented nationals of Somalia from safely returning. See Designation 
of Nationals of Somalia for Temporary Protected Status, 56 FR 46804 
(Sept. 16, 1991). Somalia's designation for TPS has been consecutively 
extended since its initial designation in 1991. Additionally, Somalia 
was newly designated for TPS in 2001, again based on extraordinary and 
temporary conditions. See Extension and Redesignation of Somalia under 
Temporary Protected Status Program, 66 FR 46288 (Sept. 4, 2001). In 
2012, Somalia was again newly designated for TPS on the basis of 
extraordinary and temporary conditions and under the additional basis 
of ongoing armed conflict. See Extension and Redesignation of Somalia 
for Temporary Protected Status, 77 FR 25723 (May 1, 2012). Somalia's 
2012 TPS designation was subsequently extended in 2013, 2015, and, most 
recently, January 2017. See Extension of the Designation of Somalia for 
Temporary Protected Status, 82 FR 4905 (Jan. 17, 2017).

What authority does the Secretary have to extend the designation of 
Somalia for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the U.S. 
Government (Government), 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 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 does not 
determine that the foreign state no longer meets the conditions for TPS 
designation, the designation will be extended for an additional period 
of 6 months or, in the Secretary's discretion, 12 or 18 months. See INA 
section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the 
Secretary determines that the foreign state no longer meets the 
conditions for TPS designation, the Secretary must terminate the 
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Somalia through 
March 17, 2020?

    DHS has reviewed conditions in Somalia. Based on the review, 
including input received from other U.S. Government agencies, the 
Secretary has determined that an 18-month extension is warranted 
because the ongoing armed conflict and extraordinary and temporary 
conditions supporting Somalia's TPS designation persist.
    Somalia's security situation remains fragile and volatile, with 
ongoing armed conflict among government forces, clan militias, African 
Union Mission in Somalia (AMISOM) troops, and al-Shabaab. Somalia 
continues to experience one of the largest humanitarian crises in the 
world. An estimated 5.4 million Somalis (out of a total population of 
approximately 12.3 million) are in need of assistance. Although more 
than 118,000 refugees have returned to Somalia since 2014, new conflict 
patterns, drought, and flooding have driven over 819,000 people to flee 
to neighboring countries as of May 31, 2018.
    Civilians continue to be threatened by violence in Somalia. From 
January 2016-October 2017, at least 2,078 civilians were killed by 
armed groups. Al-Shabaab continues to wage an armed insurgency against 
the Federal Government of Somalia (FGS). The group has reasserted its 
territorial reach across substantial territory in southern Somalia from 
which it continues to launch coordinated mass attacks on Somali and 
AMISOM military bases. Somalia's Puntland region is home to a splinter 
group of Al-Shabaab that has sworn allegiance to the self-described 
Islamic State (IS). This group has carried out a number of suicide 
bombings, assassinations, and small arms attacks in Puntland in the 
past year.
    Parts of Somalia remained trapped in unresolved inter-clan 
conflicts. Clan and government-aligned militias continue to carry out 
extrajudicial killings, extortion, arbitrary arrests, and rape of 
civilians. Clan tensions are typically exacerbated in times of drought 
when massive numbers of people and livestock move across traditional 
clan ``boundaries'' in search of water and pasture. In particular, a 
series of clashes in north-central Somalia in the last two years has 
triggered the displacement of 75,000 to 100,000 civilians.
    Over 2.1 million Somalis are internally displaced--nearly double 
from the 2012 TPS designation. Forced evictions increased in 2017, with 
over 200,000 reported evictions, according to the United Nations. 
Forced evictions continue in 2018, undermining humanitarian efforts to 
assist Somalia's internally displaced populations.
    Decades of insecurity have devastated Somalia's physical 
infrastructure. Humanitarian agencies cite the need for the 
rehabilitation of crucial infrastructure, including airstrips, roads, 
and ports.
    Somalia has experienced some recent economic gains, with gross 
domestic product (GDP) slightly improving each of the past three years. 
Despite modest improvements, Somalia is among the poorest countries in 
the world.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary has determined that:
    <bullet> The conditions supporting Somalia's designation for TPS 
continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C. 
1254a(b)(3)(A) and (C).
    <bullet> There continues to be an ongoing armed conflict in Somalia 
and, due to such conflict, requiring the return of Somali nationals (or 
aliens having no nationality who last habitually resided in Somalia) to 
Somalia would pose a serious threat to their personal safety. See INA 
section 244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
    <bullet> There continue to be extraordinary and temporary 
conditions in Somalia that prevent Somali nationals (or aliens having 
no nationality who last habitually resided in Somalia) from returning 
to Somalia in safety, and it is not contrary to the national interest 
of the United States to permit Somali TPS

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beneficiaries to remain in the United States temporarily. See INA 
section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
    <bullet> The designation of Somalia for TPS should be extended for 
an 18-month period, from September 18, 2018 through March 17, 2020. See 
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

Notice of Extension of the TPS Designation of Somalia

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, I have determined, after consultation with the 
appropriate Government agencies, the conditions supporting Somalia's 
designation for TPS continue to be met. See INA section 244(b)(3)(A), 8 
U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am 
extending the existing designation of TPS for Somalia for 18 months, 
from September 18, 2018, through March 17, 2020. See INA section 
244(b)(1)(A), (b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C).

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 Somalia, you 
must submit an Application for Temporary Protected Status (Form I-821). 
You do not need 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 Somalia with the expiration 
date of September 17, 2018, is automatically extended for 180 days, 
through March 16, 2019. However, if you want to obtain a new EAD valid 
through March 17, 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 
March 17, 2017, 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 March 16, 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 August 27, 2018, then you do not need to file 
either application again. If your pending TPS application is approved, 
you will be granted TPS through March 17, 2020. Similarly, if you have 
a pending TPS-related application for an EAD that is approved, it will 
be valid through the same date.
    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 March 16, 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 of age 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 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 re-registering TPS beneficiaries 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 would like to send your application   Then, mail your application
                    by:                                  to:
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U.S. Postal Service.......................  U.S. Citizenship and
                                             Immigration Services, Attn:
                                             TPS Somalia, P.O. Box 6943,
                                             Chicago, IL 60680-6943.
A non-U.S. Postal Service courier.........  U.S. Citizenship and
                                             Immigration Services, Attn:
                                             TPS Somalia, 131 S.
                                             Dearborn Street, 3rd Floor,
                                             Chicago, IL 60603-5517.
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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.

[[Page 43698]]

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 
``Somalia.''

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 180-day extension of my current 
EAD through March 16, 2019, using this Federal Register notice?

    Yes. Provided that you currently have a Somalia TPS-based EAD, this 
Federal Register notice automatically extends your EAD through March 
16, 2019, if you:
    <bullet> Are a national of Somalia (or an alien having no 
nationality who last habitually resided in Somalia); and either
    <bullet> Have an EAD with a marked expiration date of September 17, 
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 March 17, 
2017, 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 March 16, 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 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 September 17, 2018, or March 17, 2017 (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 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 March 16, 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 September 17, 2018, that states A-12 or C-19 under 
Category, 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 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 March 16, 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 March 16, 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 September 18, 
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 March 16, 2019. Your employer may need 
to re-inspect your automatically extended EAD to check the expiration 
date and Category code if your employer did not keep a copy of this EAD 
when you initially presented it. In addition, if you have an EAD with a 
marked expiration date of September 17, 2018 that states A-12 or C-19 
under Category, 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 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 
March 16, 2019, unless your TPS has been withdrawn or your request for 
TPS has been denied. To reduce the possibility of gaps in your

[[Page 43699]]

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 March 16, 2019. 
Before you start work on March 17, 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 March 17, 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 Somali 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 Somali 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 March 17, 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 March 16, 
2019 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 September 17, 2018, expiration date (or 
March 17, 2017 expiration date provided your employee applied for a new 
EAD during the last re-registration period but has 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 March 16, 2019, as the expiration date.
    Before the start of work on March 17, 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 March 16, 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 September 17, 2018, or 
March 17, 2017, 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 March 16, 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 March 16, 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 these employees by 
providing the employee's Alien Registration number, USCIS number, and 
entering the receipt number as the document number on Form I-9 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 TPS-related EADs 
that are automatically extended. If you have employees 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 March 17, 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

[[Page 43700]]

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#c78efe84a2a9b3b5a6ab87a3afb4e9a0a8b1"><span class="__cf_email__" data-cfemail="327b0b71575c4640535e72565a411c555d44">[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 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#18515d4a586d6b7c7772367f776e"><span class="__cf_email__" data-cfemail="5b121e091b2e283f3431753c342d">[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#db92f6e298beb5afa9bab79bbfb3a8f5bcb4ad"><span class="__cf_email__" data-cfemail="e8a1c5d1ab8d869c9a8984a88c809bc68f879e">[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 on the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    While Federal Government agencies must follow the guidelines laid 
out by the Federal Government, state and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each state may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, state, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary 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. 2018-18444 Filed 8-24-18; 8:45 am]
 BILLING CODE 9111-97-P


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