[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Notices]
[Pages 83901-83905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24229]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2782-24; DHS Docket No. USCIS-2024-0013]
RIN 1615-ZC10


Implementation of Employment Authorization for Individuals 
Covered by Deferred Enforced Departure for Lebanon

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security (DHS).

ACTION: Notice of Employment Authorization for Individuals Covered by 
Deferred Enforced Departure (DED).

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SUMMARY: On July 26, 2024, President Joseph Biden issued a memorandum 
to the Secretary of State and the Secretary of Homeland Security 
(Secretary) determining that it was in the foreign policy interest of 
the United States to defer for 18 months through January 25, 2026, the 
removal of certain Lebanese nationals present in the United States and 
to provide them with employment authorization documentation. The 
memorandum directed the Secretary to make provision for immediate 
allowance of employment authorization for such individuals. This notice 
provides information about Deferred Enforced Departure (DED) for 
Lebanese nationals and provides information on how eligible individuals 
may apply for DED-based Employment Authorization

[[Page 83902]]

Documents (EADs) with USCIS, as well as for travel authorization.

DATES: DED for eligible Lebanese noncitizens covered by this notice 
began on July 26, 2024 and ends on January 25, 2026.

FOR FURTHER INFORMATION CONTACT: 
    <bullet> You may contact Ren[aacute] Cutlip-Mason, Chief, 
Humanitarian Affairs Division, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by 
phone at 240-721-3000.
    <bullet> For further information on DED, including additional 
information on eligibility, please visit the USCIS DED web page at 
https://www.uscis.gov/humanitarian/deferred-enforced-departure. You can 
find specific information about DED for Lebanon by selecting ``DED 
Covered Country--Lebanon'' from the menu on the left of the DED web 
page.
    <bullet> If you have additional questions about DED, please visit 
https://www.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 (TTY 800-767-1833).
    <bullet> Applicants seeking information about the status of their 
individual Form I-765, Application for Employment Authorization, or 
Form I-131, Application for Travel Documents, Parole Documents, and 
Arrival/Departure Records, may check Case Status Online, available on 
the USCIS website at https://www.uscis.gov, or visit the USCIS Contact 
Center at https://www.uscis.gov/contactcenter.
    <bullet> You can also find more information at local USCIS offices, 
listed on the USCIS website at https://www.uscis.gov/about-us/find-a-uscis-office, after this notice is published.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

CFR--Code of Federal Regulations
DED--Deferred Enforced Departure
DHS--U.S. Department of Homeland Security
DoS--Department of State
EAD--Employment Authorization Document
FNC--Final Non-confirmation
Form I-131--Application for Travel Documents, Parole Documents, and 
Arrival/Departure Records
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant 
and Employee Rights Section
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

Purpose of This Action

    Under the President's constitutional authority to conduct the 
foreign relations of the United States, President Biden has determined 
that it is in the foreign policy interest of the United States to defer 
through January 25, 2026, the removal of certain Lebanese nationals who 
have resided in the United States since July 26, 2024.\1\ Humanitarian 
conditions in southern Lebanon have significantly deteriorated leaving 
Lebanese civilians in danger. Through this Notice, as directed by the 
President, DHS is establishing procedures for certain Lebanese 
nationals covered by DED to apply for EADs valid through January 25, 
2026. Employment authorization and the procedures for obtaining EADs in 
this notice apply to any of the following individuals who are not 
subject to any of the ineligibilities described in President Biden's 
July 26, 2024 memorandum to the secretaries of State and Homeland 
Security: noncitizens of the United States who are nationals of 
Lebanon, regardless of country of birth, who have resided in the United 
States since July 26, 2024. Lebanese nationals must meet all 
eligibility criteria, including required documentation, for DED 
described in this notice. Finally, this notice provides instructions 
for eligible Lebanese nationals in the United States on how to request 
advance travel authorization.
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    \1\ See Memorandum on the Deferred Enforced Departure for 
Certain Lebanese Nationals, 89 FR 61341, July 26, 2024, https://www.federalregister.gov/documents/2024/07/31/2024-17006/deferred-enforced-departure-for-certain-lebanese-nationals.
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What is Deferred Enforced Departure (DED)?

    <bullet> DED is an administrative deferral of removal ordered by 
the President. The authority to extend DED arises from the President's 
constitutional authority to conduct the foreign relations of the United 
States. DED has been authorized in situations where certain groups of 
noncitizens may face danger if required to return to countries, or any 
part of such countries, experiencing political instability, conflict, 
or other unsafe conditions, or when there are other foreign policy 
reasons for allowing a designated group of noncitizens to remain in the 
United States temporarily.
    <bullet> Although DED is not a specific immigration status and does 
not require Lebanese nationals to file an application with USCIS, 
individuals covered by DED are not subject to removal from the United 
States, usually for a designated period. Furthermore, the President may 
direct the Secretary to provide certain benefits that are authorized 
under the immigration laws, such as employment authorization, to 
noncitizens covered by the DED directive during the designated period.
    <bullet> USCIS publishes a Federal Register notice to inform the 
covered population on how to apply for any benefits provided. See 
instructions for Form I-765, available on the USCIS website at https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf.
    <bullet> The eligibility requirements for individuals who are 
covered by DED are based on the terms of the President's memorandum 
regarding DED and any relevant implementing requirements established by 
DHS. Since DED is a directive to defer removal of an individual, rather 
than a specific immigration status like Temporary Protected Status, 
there is no DED application form required for an individual to be 
covered by DED. If an individual covered by DED wants to apply for an 
EAD, they must file Form I-765. Similarly, if an individual covered by 
DED want to apply for advance travel authorization, they must file Form 
I-131.

Ur M. Jaddou,
Director, U.S. Citizenship and Immigration Services.

[[Page 83903]]

Eligibility and Employment Authorization for DED

How will I know if I am eligible for employment authorization under the 
DED presidential memorandum for Lebanon?

    Consistent with the President's July 26, 2024, DED memorandum,\2\ 
the procedures for employment authorization in this notice apply to 
noncitizens of the United States who are nationals of Lebanon, who were 
present in the United States on July 26, 2024, except for those:
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    \2\ Id.
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    <bullet> who have voluntarily returned to Lebanon after the date of 
the memorandum;
    <bullet> who have not continuously resided in the United States 
since the date of the memorandum;
    <bullet> who are inadmissible under section 212(a)(3) of the 
Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or 
deportable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
    <bullet> who have been convicted of any felony or two or more 
misdemeanors committed in the United States, or who meet any of the 
criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 
1158(b)(2)(A));
    <bullet> who are subject to extradition;
    <bullet> whose presence in the United States the Secretary of 
Homeland Security has determined is not in the interest of the United 
States or presents a danger to public safety; or
    <bullet> whose presence in the United States the Secretary of State 
has reasonable grounds to believe would have potentially serious 
adverse foreign policy consequences for the United States.

What will I need to file if I am covered by DED and would like to 
obtain an EAD?

    If you are a Lebanese national covered by DED and want a DED-based 
EAD, you must file Form I-765. Please carefully follow the Form I-765 
instructions when completing the application for an EAD. When filing 
Form I-765, you must:
    <bullet> Indicate that you are eligible for DED by entering 
``(a)(11)'' in response to Question 27 on Form I-765; and
    <bullet> Submit the fee for Form I-765 (or request a fee waiver,\3\ 
which you may submit on Form I-912, Request for Fee Waiver). See Fee 
Schedule (Form G-1055).
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    \3\ For information about filing fee waiver requests including 
through Form I-912, Request for Fee Waiver, see https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver.
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Supporting Documentation

    The filing instructions on Form I-765 list all the documents needed 
to apply. You may also find information on the initial required 
documents on the USCIS website at https://www.uscis.gov/i-765. If USCIS 
determines after reviewing your submission that it needs additional 
information, we will send you a request for evidence.

How will I know if I must submit my biometrics to USCIS?

    If USCIS needs biometrics to produce your EAD after you apply, we 
will send you a biometrics services appointment notice with the time 
and location of your appointment. You can prepare for your biometrics 
appointment by visiting the Preparing for Your Biometric Services 
Appointment web page at https://www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment. Be sure to bring 
valid photo identification to your appointment.

Where do I find the fees for DED applicants?

    You can find the most current filing fees for individuals covered 
by DED filing Form I-765 and Form I-131 by visiting the Form G-1055, 
Fee Schedule at https://www.uscis.gov/g-1055. No biometrics fees are 
required when you file.

Where do I submit my completed DED-based Form I-765?

    For a DED-based EAD, mail your completed Form I-765 and supporting 
documentation to the proper address in Table 1.

                       Table 1--Mailing Addresses
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         If you are . . .                       Mail to . . .
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Mailing your form through the U.S.  USCIS, Attn: DED Lebanon, P.O. Box
 Postal Service.                     805283, Chicago, IL 60680-5283.
Using FedEx, UPS, or DHL..........  USCIS, Attn: DED Lebanon (Box
                                     805283), 131 S Dearborn Street, 3rd
                                     Floor, Chicago, IL 60603-5517.
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    You may file Form I-765 and Form I-131 together or separately. If 
you are filing multiple applications, petitions, or requests, USCIS 
recommends sending separate payments for each application. If you 
submit one payment covering all your applications and we reject one of 
the applications, petitions, or requests, we will need to reject all 
the others as well. Find more information below on filing Form I-131.

Can I file my DED-based Form I-765 electronically?

    No. Electronic filing is not available to file a DED-based Form I-
765.

What happens after January 25, 2026, to DED-based EADs?

    This DED authorization is set to end on January 25, 2026. After 
that date, employers can no longer accept EADs with the Category 
(a)(11) and a Card Expires date of January 25, 2026. You will need to 
present other evidence of continued employment authorization, if any, 
to your employer by January 26, 2026.

Travel

    Lebanese nationals covered by DED may also apply for and be granted 
travel authorization as a matter of discretion. You must file for 
travel authorization if you wish to travel outside of the United States 
and be eligible to reenter the United States. If USCIS grants travel 
authorization, it generally gives you permission to leave the United 
States and return during a specific period. Customs and Border 
Protection officers make the ultimate determination, upon the 
noncitizen's arrival at a United States port of entry, whether to 
parole the noncitizen into the United States and for what length of 
time. To request travel authorization, you must file Form I-131, 
available at https://www.uscis.gov/i-131. You may file Form I-131 
together with your Form I-765 or separately. When you file Form I-131, 
you must:
    <bullet> Select Item Number 5.D. in Part 1 on Form I-131; and
    <bullet> Submit the fee for Form I-131.
    If you leave the United States without first receiving travel 
authorization, you may no longer be eligible for DED and may not be 
permitted to reenter the United States. Please also be advised that if 
you return to Lebanon, even with advance travel authorization, you may 
not be permitted to resume DED in the

[[Page 83904]]

United States since the presidential memorandum providing for DED for 
Lebanon excludes individuals who have voluntarily returned to Lebanon 
after the date of the memorandum.\4\
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    \4\ See Memorandum on the Deferred Enforced Departure for 
Certain Lebanese Nationals, 89 FR 61341, July 26, 2024, https://www.federalregister.gov/documents/2024/07/31/2024-17006/deferred-enforced-departure-for-certain-lebanese-nationals.
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Mailing Information

    Mail your completed Form I-131 to the proper address provided in 
Table 1.

Supporting Documentation

    The filing instructions for Form I-131 list all the documents you 
need to include with your application. You may also find information on 
the acceptable documentation and DED eligibility on the USCIS website 
at https://www.uscis.gov/humanitarian/deferred-enforced-departure. If 
USCIS needs additional evidence, we will send you a request for 
evidence.

General Employment-Related Information for Individuals With DED-Based 
EADs and Their Employers

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

    To get case status information about your DED-based EAD request, 
you can check Case Status Online at https://www.uscis.gov, or visit the 
USCIS Contact Center at https://www.uscis.gov/contactcenter. If you 
still need assistance, you may ask a question about your case online at 
https://egov.uscis.gov/e-request/Intro.do or call the USCIS Contact 
Center at 800-375-5283 (TTY 800-767-1833).

When I am hired, what documentation may I show to my employer as 
evidence of identity and employment authorization when completing Form 
I-9?

    You can find the Lists of Acceptable Documents on Form I-9, 
Employment Eligibility Verification, as well as the Acceptable 
Documents web page at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the identity and 
employment authorization of all new employees. Within three business 
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 documentation from List A (which provides 
evidence of both identity and employment authorization) or 
documentation from List B (which provides evidence of your identity) 
together with documentation from List C (which provides evidence of 
employment authorization), or you may present an acceptable receipt as 
described in the Form I-9 Instructions. Employers may not reject a 
document based on a future expiration date. You can find additional 
information about Form I-9 on the I-9 Central web page at https://www.uscis.gov/I-9Central. An EAD is an acceptable document under List 
A.

If I have an EAD based on another immigration status, can I obtain a 
new DED-based EAD?

    Yes, if you are covered by DED, you can obtain a new DED-based EAD, 
even if you already have an EAD or employment authorization based on 
another immigration status or category. If you want to obtain a DED-
based EAD valid through January 25, 2026, you must file Form I-765 and 
pay the associated fee (unless USCIS grants your fee waiver request).

Can my employer require that I provide any other documentation to 
complete Form I-9, such as evidence of my status or proof of my 
Lebanese citizenship?

    No. When completing Form I-9, employers must accept any unexpired 
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 may 
not request proof of Lebanese citizenship when completing Form I-9 for 
new hires or reverifying the employment authorization of current 
employees. 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.

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 listing 
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#c980e4f08aaca7bdbba8a589ada1bae7aea6bf"><span class="__cf_email__" data-cfemail="fab3d7c3b99f948e889b96ba9e9289d49d958c">[email protected]</span></a>. USCIS 
accepts calls and emails in English, Spanish and many other languages. 
For questions about avoiding discrimination during the employment 
eligibility verification process (Form I-9 and E-Verify), employers may 
call the U.S. Department of Justice, Civil Rights Division, Immigrant 
and Employee Rights Section (IER) Employer Hotline at 800-255-8155 (TTY 
800-237-2515). IER offers language interpretation in numerous 
languages. Employers may also email IER at <a href="/cdn-cgi/l/email-protection#367f736476434552595c18515940"><span class="__cf_email__" data-cfemail="dc95998e9ca9afb8b3b6f2bbb3aa">[email protected]</span></a> or get more 
information online at https://www.justice.gov/ier.

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#b9f09480fadcd7cdcbd8d5f9ddd1ca97ded6cf"><span class="__cf_email__" data-cfemail="94ddb9add7f1fae0e6f5f8d4f0fce7baf3fbe2">[email protected]</span></a>. USCIS accepts calls and emails in 
English 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 on citizenship, 
immigration status, or national origin, including discrimination 
related to Form I-9 and E-Verify. The IER Worker Hotline provides 
language interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Form I-9 instructions. Employers may not require extra 
or additional documentation beyond what is required for Form I-9 
completion. Further, employers participating in E-Verify who receive an 
E-Verify case result of ``Tentative Non-confirmation'' (mismatch) must 
promptly inform employees of the mismatch and give such employees an 
opportunity to resolve the mismatch. A mismatch means that the 
information entered into E-Verify from Form I-9 differs from records 
available to DHS.
    Employers may not terminate, suspend, delay training, withhold or 
lower pay, or take any adverse action against an employee because of a 
mismatch while the case is still pending with E-Verify. A Final Non-
confirmation (FNC) case result occurs if E-Verify cannot confirm an 
employee's employment eligibility. An employer may terminate employment 
based on a case result of FNC. Employment-authorized employees who 
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028).

[[Page 83905]]

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 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)

    If 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 covered under DED or authorized to work based on DED 
or both. Check with the government agency requesting documentation 
about which documents the agency will accept.
    Some government agencies use SAVE, https://www.uscis.gov/save, to 
confirm the current immigration status of applicants for public 
benefits and licenses. SAVE can verify that an individual is covered by 
DED based on an EAD with category (a)(11) or a Form I-797, Notice of 
Action, reflecting approval of your Form I-765 for an EAD with a DED 
category code of (a)(11). 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 https://www.uscis.gov/save/save-casecheck. CaseCheck is a free service that lets you follow 
the progress of your SAVE verification case using your date of birth 
and one immigration identifier number (such as your A-Number or USCIS 
number) or Verification Case Number. If an agency has denied your 
application based solely or in part on a SAVE response, the agency must 
allow you to appeal the decision in accordance with the agency's 
procedures. If the agency has received and acted on or will act on a 
SAVE verification, and you do not believe the SAVE response is correct, 
the SAVE website, https://www.uscis.gov/save/for-benefit-applicants, 
has detailed information on how to correct or update your immigration 
record, make an appointment, or submit a written request to correct 
records.

[FR Doc. 2024-24229 Filed 10-17-24; 8:45 am]
BILLING CODE 9111-97-P


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