[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Notices]
[Pages 14144-14146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7092]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2475-09; DHS Docket No. USCIS-2009-0009]
RIN 1615-ZA87


Filing Procedures and Automatic Extension of Employment 
Authorization and Related Documentation for Liberians Provided Deferred 
Enforced Departure

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

ACTION: Notice.

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SUMMARY: This Notice announces a six-month automatic extension of 
employment authorization documents (EADs) for Liberians (and persons 
without nationality who last habitually resided in Liberia) for whom 
deferred enforced departure (DED) has been extended in accordance with 
the memorandum of March 20, 2009 from President Obama to the Secretary 
of Homeland Security, Janet Napolitano. The memorandum directed that 
DED for certain Liberians be extended and that employment be authorized 
for 12 months from April 1, 2009, through March 31, 2010. This Notice 
further informs Liberians covered by DED and their employers how to 
determine which EADs are automatically extended. This Notice also sets 
forth procedures necessary for individuals who are covered by DED to 
file for employment authorization for the full 12-month extension with 
U.S. Citizenship and Immigration Services (USCIS). Finally, this Notice 
provides instructions for those Liberians who have been provided DED 
and who would like to apply for permission to travel outside the United 
States during the 12-month DED period.

DATES: This Notice is effective March 30, 2009. The six-month automatic 
extension of employment authorization for Liberians who are eligible 
for DED, including the extension of their EADs, as specified in this 
notice, is effective as of 12:01 a.m. April 1, 2009. This automatic 
extension will expire on September 30, 2009.

FOR FURTHER INFORMATION CONTACT: DED Operations Program Manager, Status 
and Family Branch, Office of Service Center Operations, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
20 Massachusetts Avenue, NW., Washington, DC 20529-2060, telephone 
(202) 272-1533. This is not a toll-free call. Further information will 
also be available at local USCIS offices upon publication of this 
Notice and on the USCIS Web site at http://www.uscis.gov. Note: The 
phone number provided here is solely for questions regarding this 
notice and the information it contains. It is not for individual case 
status inquiries. Applicants seeking information about the status of 
individual cases can check Case Status Online available at the USCIS 
Web site, or may call the USCIS National Customer Service Center at 1-
800-375-5283 (TTY 1-800-767-1833).

SUPPLEMENTARY INFORMATION:

[[Page 14145]]

Employment Authorization Filing Requirements

Who is eligible for employment authorization under the Presidential 
Memorandum that extended DED for certain Liberians for 12 months?

    On March 20, 2009, President Obama issued a memorandum to Secretary 
of Homeland Security, Janet Napolitano, to extend DED for 12 additional 
months to individuals who are currently covered by Liberian DED through 
March 31, 2009. See Memorandum from President Obama to the Secretary of 
Homeland Security dated March 20, 2009 (``Presidential Memorandum''). 
The DED extension and the procedures for employment authorization in 
this notice apply to Liberian nationals (and persons without 
nationality who last habitually resided in Liberia) who were covered by 
DED as of March 31, 2009, which only includes those who held Temporary 
Protected Status (TPS) on September 30, 2007. The DED extension, 
however, does not include any individual:
    <bullet> Who would be ineligible for TPS for the reasons provided 
in Immigration and Nationality Act (INA); Sec.  244(c)(2)(B); 8 U.S.C. 
1254a(c)(2)(B);
    <bullet> Whose removal the Secretary of Homeland Security 
determines is in the interest of the United States;
    <bullet> Whose presence or activities 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;
    <bullet> Who has voluntarily returned to Liberia or his or her 
country of last habitual residence outside the United States;
    <bullet> Who was deported, excluded, or removed prior to March 20, 
2009, the date of the Presidential Memorandum directing that Liberian 
DED be extended; or
    <bullet> Who is subject to extradition.

What do I need to file if I am covered by DED and would like to have 
evidence of employment authorization?

    If you are covered under DED for Liberia, and would like employment 
authorization during the 12-month extension of DED, you must apply for 
an Employment Authorization Document (EAD). You must file USCIS Form I-
765, Application for Employment Authorization Document, during the DED 
extension period. Please carefully follow the instructions for 
completing Form I-765. Please submit Form I-765 and supporting 
documentation to: Vermont Service Center, Attn: I-765, 75 Lower Welden 
St., St. Albans, VT 05479-0001.
    On Form I-765, you must:
    <bullet> Indicate that you are eligible for DED; and
    <bullet> Include a copy of your last Form I-797, Notice of Action, 
showing that you were approved for TPS as of September 30, 2007, if 
such copy is available. (Please note that evidence of TPS as of 
September 30, 2007 is necessary to show that you were covered under the 
previous DED for Liberia as of March 31, 2009).
    If biometrics are required to produce the secure EAD, you will be 
scheduled for an appointment at a USCIS Application Support Center. The 
new EAD will be valid through March 31, 2010. This EAD bearing a March 
31, 2010 expiration date may be presented to employers for I-9 
purposes.

What editions of Form I-765 should I submit?

    Only versions of Form I-765 dated May 27, 2008 (Rev. 5/27/08), or 
later, will be accepted. The revision date can be found in the bottom 
right corner of the form. The proper forms can be obtained on the 
Internet at http://www.uscis.gov or by calling the USCIS forms hotline 
at 1-800-870-3676.

Can I file my application (Form I-765) electronically?

    No. Electronic filing is not available for filing Form I-765 based 
on DED.

How will I know if I have to report to an Application Support Center 
(ASC) to submit biometrics?

    USCIS will mail you a notice with instructions as to whether or not 
you are required to appear at an ASC for biometrics collection.

What documents should I bring to my ASC appointment?

    When you report to an ASC, you must bring the following documents:
    (1) Your receipt notice for your application;
    (2) Your ASC appointment notice; and
    (3) Your current EAD.
    If no further action is required for your case, you will receive a 
new EAD by mail valid through March 31, 2010. If your case requires 
further consideration, USCIS will contact you in writing to explain 
what additional information, if any, is necessary to resolve your case. 
If your application is subsequently approved, you will receive a new 
EAD in the mail valid through March 31, 2010.

What will happen if I do not appear at the ASC?

    Failure to appear at an ASC for a required ASC appointment will 
result in denial of your case due to abandonment unless you submit and 
USCIS has received an address change notification (see instruction 
below) or a rescheduling request prior to your appointment, and USCIS 
excuses your failure to appear. See 8 CFR 103.2(b)(13)(ii).

What if my address changes after I file my EAD application?

    If your address changes after you file your application, you must 
complete and submit Form AR-11 by mail or electronically. The mailing 
address is: U.S. Citizenship and Immigration Services, Change of 
Address, P.O. Box 7134, London, KY 40742-7134.
    Form AR-11 can also be filed electronically by following the 
directions on the USCIS Web site at: http://www.uscis.gov.
    To facilitate processing your address change on your EAD 
application, you may call the USCIS National Customer Service Center at 
1-800-375-5283 (TTY 1-800-767-1833) to request that your address be 
updated on your application. Please note that calling the USCIS 
National Customer Service Center does not relieve you of your burden to 
properly file a Form AR-11 with USCIS.

Extension of Employment Authorization and EADs

Who is eligible for a six-month automatic extension of employment 
authorization through September 30, 2009?

    The Department of Homeland Security (DHS) is granting a six-month 
automatic extension of employment authorization and the EADs specified 
in this notice to Liberians who are provided DED in accordance with the 
Presidential Memorandum. As described in that Presidential Memorandum, 
eligible individuals are nationals of Liberia (or persons without 
nationality who last habitually resided in Liberia) who are covered by 
DED as of March 31, 2009.
    In accordance with his constitutional authority to conduct the 
foreign relations of the United States, the President has directed that 
such Liberians who are eligible be provided DED for an additional 12-
month period after their current DED status ends. In addition, the 
President directed the Secretary of Homeland Security to implement the 
necessary steps to authorize employment for 12 months from March 31, 
2009, for Liberians (and persons without nationality who last resided 
in Liberia) who are eligible for DED in accordance with the 
Presidential Memorandum.

[[Page 14146]]

Which EADs are automatically extended through September 30, 2009?

    This automatic extension is limited to EADs issued to Liberians (or 
persons without nationality who last habitually resided in Liberia) on 
Form I-766, Employment Authorization Document, bearing an expiration 
date of September 30, 2007. These EADs must also bear the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category.''
    Additionally, this automatic extension includes EADs issued to 
Liberians (or persons without nationality who last habitually resided 
in Liberia) on Form I-766, Employment Authorization Document, bearing 
an expiration date of March 31, 2009. These EADs must also bear the 
notation ``A-11'' on the face of the card under ``Category.''

How may employers determine whether an EAD has been automatically 
extended for six months through September 30, 2009, and is therefore 
acceptable for completion of the Form I-9?

    A Form I-766 (EAD) issued to a Liberian national (or person without 
nationality who last habitually resided in Liberia) bearing the 
notation ``A-12'' or ``C-19'' on the face of the card under 
``Category,'' and having an expiration date of September 30, 2007, on 
the face of the card, is acceptable for completion of the Form I-9. 
Furthermore, a Form I-766 (EAD) issued to a Liberian national (or 
person without nationality who last habitually resided in Liberia) 
bearing the notation ``A-11'' on the face of the card under 
``Category,'' and having an expiration date of March 31, 2009, on the 
face of the card, is acceptable for completion of the Form I-9. This 
notice provides a six-month automatic extension of such EADs until 
September 30, 2009. Employers should not request proof of Liberian 
citizenship.
    Employers should accept an EAD as a valid ``List A'' document and 
not ask for additional Form I-9 documentation if presented with an EAD 
that has been extended pursuant to this Federal Register Notice, and 
the EAD reasonably appears on its face to be genuine and to relate to 
the employee. Employers are reminded that an applicant for employment 
or an employee can present any legally acceptable document as proof of 
identity and eligibility for employment.

    Note to Employers: Employers are reminded that the laws 
requiring employment eligibility verification and prohibiting unfair 
immigration-related employment practices remain in full force. This 
notice does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those setting 
forth re-verification requirements. For questions, employers may 
call the USCIS Customer Assistance Office at 1-800-357-2099. 
Employers may also call the U.S. Department of Justice Office of 
Special Counsel for Immigration Related Unfair Employment Practices 
(OSC) Employer Hotline at 1-800-255-8155. Additional information is 
available on the OSC Web site at http://www.usdoj.gov/crt/osc/index.html.

What documents may a qualified individual show to his or her employer 
as proof of employment authorization and identity when completing Form 
I-9?

    Through September 30, 2009, Liberians (and persons without 
nationality who last habitually resided in Liberia) who are eligible 
for DED, as described in the Presidential Memorandum, may present a 
copy of this Federal Register Notice regarding the automatic extension 
of employment authorization documentation, along with:
    <bullet> Their Form I-766s (EADs) bearing the notation ``A-12'' or 
``C-19'' on the face of the cards under ``Category,'' and having an 
expiration date of September 30, 2007, on the face of the cards, or
    <bullet> Their Forms I-766 (EADs) bearing the notation ``A-11'' on 
the face of the cards under ``Category,'' and having an expiration date 
of March 31, 2009, on the face of the cards.
    In the alternative, any legally acceptable document or combination 
of documents listed in List A, List B, or List C of the Form I-9 may be 
presented as proof of identity and employment eligibility.

May I request an interim EAD at my local district office?

    No. USCIS will not issue interim EADs to individuals eligible for 
DED under the Presidential Memorandum at local district offices.

May an individual who is covered by DED under the Presidential 
Memorandum travel outside of the United States and be permitted to 
return during the 12-month DED period?

    Individuals covered under DED who would want to travel outside of 
the United States must apply for and receive advance parole by filing 
Form I-131, Application for Travel Document, with required fees. See 8 
CFR 223.2(a). The determination whether to grant advance parole is 
within the discretion of DHS and is not guaranteed in all cases. If you 
seek advance parole in order to go to Liberia, you may risk being found 
ineligible to re-enter the United States under DED because the 
President's Memorandum excludes persons ``who have voluntarily returned 
to Liberia.''

    Dated: March 26, 2009.
Michael Aytes,
Acting Deputy Director, U.S. Citzenship and Immigration Services.
[FR Doc. E9-7092 Filed 3-26-09; 11:15 am]
BILLING CODE 9111-97-P