2648 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices 

57. Peru 

58. The Philippines 

59. Poland 

60. Portugal 

61. Romania 

62. San Marino 

63. Serbia 

64. Singapore 

65. Slovakia 

66. Slovenia 

67. Solomon Islands 

68. South Africa 

69. South Korea 

70. Spain 

71. St. Vincent and the Grenadines 

72. Sweden 

73. Switzerland 

74. Taiwan 

75. Thailand 

76. Timor-Leste 

77. Tonga 

78. Turkey 

79. Tuvalu 

80. Ukraine 

81. United Kingdom 

82. Uruguay 

83. Vanuatu 

Pursuant to the authority provided to 

the Secretary of Homeland Security 

under sections 214(a)(1), 215(a)(1), and 

241 of the Immigration and Nationality 

Act (8 U.S.C. 1184(a)(1), 1185(a)(1), and 

1231), I am designating, with the 

concurrence of the Secretary of State, 

nationals from the following countries 

to be eligible to participate in the H–2B 

nonimmigrant worker program: 

1. Andorra 

2. Argentina 

3. Australia 

4. Austria 

5. Barbados 

6. Belgium 

7. Brazil 

8. Brunei 

9. Bulgaria 

10. Canada 

11. Chile 

12. Colombia 

13. Costa Rica 

14. Croatia 

15. Czech Republic 

16. Denmark 

17. Dominican Republic 

18. Ecuador 

19. El Salvador 

20. Estonia 

21. Ethiopia 

22. Fiji 

23. Finland 

24. France 

25. Germany 

26. Greece 

27. Grenada 

28. Guatemala 

29. Honduras 

30. Hungary 

31. Iceland 

32. Ireland 

33. Israel 

34. Italy 

35. Jamaica 

36. Japan 

37. Kiribati 

38. Latvia 

39. Lichtenstein 

40. Lithuania 

41. Luxembourg 

42. Macedonia 

43. Madagascar 

44. Malta 

45. Mexico 

46. Monaco 

47. Mongolia 

48. Montenegro 

49. Nauru 

50. The Netherlands 

51. Nicaragua 

52. New Zealand 

53. Norway 

54. Panama 

55. Papua New Guinea 

56. Peru 

57. The Philippines 

58. Poland 

59. Portugal 

60. Romania 

61. San Marino 

62. Serbia 

63. Singapore 

64. Slovakia 

65. Slovenia 

66. Solomon Islands 

67. South Africa 

68. South Korea 

69. Spain 

70. St. Vincent and the Grenadines 

71. Sweden 

72. Switzerland 

73. Taiwan 

74. Thailand 

75. Timor-Leste 

76. Tonga 

77. Turkey 

78. Tuvalu 

79. Ukraine 

80. United Kingdom 

81. Uruguay 

82. Vanuatu 

This notice does not affect the status 

of aliens who currently hold valid H–2A 

or H–2B nonimmigrant status. Persons 

currently holding such status, however, 

will be affected by this notice should 

they seek an extension of stay in H–2 

classification, or a change of status from 

one H–2 status to another. Similarly, 

persons holding nonimmigrant status 

other than H–2 status are not affected by 

this notice unless they seek a change of 

status to H–2 status. 

Nothing in this notice limits the 

authority of the Secretary of Homeland 

Security or her designee or any other 

federal agency to invoke against any 

foreign country or its nationals any 

other remedy, penalty, or enforcement 

action available by law. 

Elaine C. Duke, 

Deputy Secretary. 

[FR Doc. 2018–00812 Filed 1–17–18; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2615–17; DHS Docket No. USCIS– 

2014–0001] 

RIN 1615–ZB70 

Termination of the Designation of Haiti 

for Temporary Protected Status 

AGENCY: U.S. Citizenship and 

Immigration Services, U.S. Department 

of Homeland Security. 

ACTION: Notice. 

SUMMARY: The designation of Haiti for 

Temporary Protected Status (TPS) is set 

to expire on January 22, 2018. After 

reviewing country conditions and 

consulting with the appropriate U.S. 

Government agencies, the Acting 

Secretary of Homeland Security 

determined on November 20, 2017 that 

conditions in Haiti no longer support its 

designation for TPS and is therefore 

terminating the TPS designation of 

Haiti. To provide time for an orderly 

transition, this termination is effective 

on July 22, 2019, 18 months following 

the end of the current designation. 

Nationals of Haiti (and aliens having 

no nationality who last habitually 

resided in Haiti) who have been granted 

TPS and wish to maintain their TPS and 

receive TPS-based Employment 

Authorization Documents (EAD) valid 

through July 22, 2019, must re-register 

for TPS in accordance with the 

procedures set forth in this Notice. After 

July 22, 2019, nationals of Haiti (and 

aliens having no nationality who last 

habitually resided in Haiti) who have 

been granted TPS under the Haiti 

designation will no longer have TPS. 

DATES: The designation of Haiti for TPS 

is terminated effective at 11:59 p.m., 

local time, on July 22, 2019. 

The 60-day re-registration period runs 

from January 18, 2018 through March 

19, 2018. 

(Note: It is important for re-registrants to 

timely re-register during this 60-day period.) 

FOR FURTHER INFORMATION CONTACT: 

• You may contact Alex King, Branch 

Chief, Waivers and Temporary Services 

Branch, Service Center Operations 

Directorate, U.S. Citizenship and 

Immigration Services, U.S. Department 

of Homeland Security, 20 Massachusetts 

Avenue NW, Washington, DC 20529– 

2060; or by phone at (202) 272–8377 

(this is not a toll-free number). Note: 

The phone number provided here is 

solely for questions regarding this TPS 

Notice. It is not for individual case 

status inquiries. 


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1As 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). 

• For further information on TPS, 

including guidance on the reregistration 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 Haiti’s TPS by selecting 

‘‘Haiti’’ from the menu on the left side 

of the TPS web page. 

• 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 

National Customer Service Center at 

800–375–5283 (TTY 800–767–1833). 

Service is available in English and 

Spanish. 

• 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 

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 Haiti (or aliens having no 

nationality who last habitually resided 

in Haiti) 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 Haiti 

and whose applications have been 

granted. 

For individuals who have already 

been granted TPS under Haiti’s 

designation, the 60-day re-registration 

period runs from January 18, 2018 

through March 19, 2018. USCIS will 

issue new EADs with a July 22, 2019 

expiration date to eligible Haitian TPS 

beneficiaries who timely re-register and 

apply for EADs. Given the timeframes 

involved with processing TPS reregistration applications, DHS 

recognizes that not all re-registrants will 

receive new EADs before their current 

EADs expire on January 22, 2018. 

Accordingly, through this Federal 

Register notice, DHS automatically 

extends the validity of EADs issued 

under the TPS designation of Haiti for 

180 days, through July 21, 2018. 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)? 

• 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. 

• During the TPS designation period, 

TPS beneficiaries are eligible to remain 

in the United States, may not be 

removed, and are authorized to work 

and obtain EADs so long as they 

continue to meet the requirements of 

TPS. 

• TPS beneficiaries may also apply 

for and be granted travel authorization 

as a matter of discretion. 

• The granting of TPS does not result 

in or lead to lawful permanent resident 

status. 

• To qualify for TPS, beneficiaries 

must meet the eligibility standards at 

INA section 244(c)(2), 8 U.S.C. 

1254a(c)(2). 

• When the Secretary terminates a 

country’s TPS designation, beneficiaries 

return to one of the following: 

Æ 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 

Æ Any other lawfully obtained 

immigration status or category they 

received while registered for TPS, as 

long as it is still valid on the date TPS 

terminates. 

When was Haiti designated for TPS? 

On January 21, 2010, the Secretary of 

Homeland Security (Secretary) 

designated Haiti for TPS under INA 

section 244(b)(1)(C) based on 

‘‘extraordinary and temporary 

conditions’’ within the country, 

specifically the effects of the 7.0- 

magnitude earthquake that occurred on 

January 12, 2010, that prevented 

Haitians from returning in safety. See 

Designation of Haiti for Temporary 

Protected Status, 75 FR 3476 (Jan. 21, 

2010). In 2011, the Secretary both 

extended Haiti’s designation and 

redesignated Haiti for TPS for 18 

months through January 22, 2013. See 

Extension and Redesignation of Haiti for 

Temporary Protected Status, 76 FR 

29000 (May 19, 2011). The last 

extension of Haiti’s TPS designation, for 

6 months, was announced on May 24, 

2017. See Extension of the Designation 

of Haiti for Temporary Protected Status, 

82 FR 23830 (May 24, 2017). DHS 

estimates that there are approximately 

58,550 nationals of Haiti (and aliens 

having no nationality who last 

habitually resided in Haiti) who 

currently hold TPS under Haiti’s 

designation. 

What authority does the Secretary have 

to terminate the designation of Haiti 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). 

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 a 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 a 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 meets 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 


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the country 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 Haiti as of July 22, 

2019? 

DHS has reviewed conditions in Haiti. 

Based on the review, including input 

received from other appropriate U.S. 

Government agencies, the Acting 

Secretary of Homeland Security 

determined on November 20, 2017 that 

the conditions for Haiti’s designation for 

TPS—on the basis of ‘‘extraordinary and 

temporary conditions’’ relating to the 

2010 earthquake that prevented Haitian 

nationals from returning in safety—are 

no longer met. 

Haiti has made progress recovering 

from the 2010 earthquake and 

subsequent effects that formed the basis 

for its designation. For example, the 

number of internally displaced persons 

(IDP) from the earthquake has continued 

to decline—98 precent of IDP sites have 

closed, and only approximately 38,000 

of the estimated 2 million Haitians who 

lost their homes in the earthquake were 

still living in camps as of June 2017. In 

October 2017, the United Nations 

withdrew its peacekeeping mission, 

noting the mission had achieved its 

goals. The peacekeeping mission has 

been replaced by a successor operation 

that is a police-only force focused on 

strengthening rule of law, promoting 

human rights and supporting the 

Haitian National Police. 

Haiti successfully completed its 

presidential election in February 2017. 

The 2010 earthquake destroyed key 

government infrastructure, including 

dozens of primary federal buildings, 

which the Haitian government is 

working to rebuild. The Supreme Court 

is already reconstructed and 

operational, and, in April 2017, 

President Moı ̈se announced a project to 

rebuild Haiti’s National Palace. A Palace 

spokesperson announced on January 8 

that a project to reconstruct the Palace 

would commence on January 12, 2018. 

Haiti’s economy continues to recover 

from the 2010 earthquake. Annual GDP 

growth has been generally positive since 

2010, averaging 1.7 percent over the 

period (2010–2016). Although Haiti has 

grappled with a cholera epidemic that 

began in 2010 in the aftermath of the 

earthquake, cholera is currently at its 

lowest level since the outbreak began. 

Notice of Termination of the TPS 

Designation of Haiti 

By the authority vested in the 

Secretary of Homeland Security under 

INA section 244(b)(3), 8 U.S.C. 

1254a(b)(3), the Acting Secretary of 

Homeland Security determined on 

November 20, 2017, after consultation 

with appropriate U.S. Government 

agencies, that the conditions for the 

designation of Haiti for TPS under 

244(b)(1)(C) of the INA. 8 U.S.C. 

1254a(b)(1)(C), are no longer met. 

Accordingly, I order as follows: 

(1) Pursuant to INA section 

244(b)(3)(B) and in accordance with INA 

section 244(d)(3), in order to provide for 

an orderly transition, the designation of 

Haiti for TPS is terminated effective at 

11:59 p.m., local time, on July 22, 2019, 

18 months following the end of the 

current designation. 

(2) Information concerning the 

termination of TPS for nationals of Haiti 

(and aliens having no nationality who 

last habitually resided in Haiti) will be 

available at local USCIS offices upon 

publication of this Notice and through 

the USCIS National Customer Service 

Center at 1–800–375–5283. This 

information will be published on the 

USCIS website at www.USCIS.gov. 

Elaine C. Duke, 

Deputy Secretary. 

Required Application Forms and 

Application Fees To Re-Register for 

TPS 

To re-register for TPS based on the 

designation of Haiti, 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 

Haiti with the expiration date of January 

22, 2018, is automatically extended for 

180 days, through July 21, 2018. You do 

not need to apply for a new EAD in 

order to benefit from this 180-day 

automatic extension. However, if you 

want to obtain a new EAD valid through 

July 22, 2019, you must file an 

Application for Employment 

Authorization (Form I–765) and pay the 

Form I–765 fee. Note, 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. But 

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 July 21, 

2018. 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 July 22, 2018. 

If you are seeking an EAD with your 

re-registration for TPS, please submit 

both the Form I–821 and Form I–765 

together. If you are unable to pay the 

application fee and/or biometric 

services fee, you may complete a 

Request for Fee Waiver (Form I–912) or 

submit a personal letter requesting a fee 

waiver with satisfactory supporting 

documentation. 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). 

Note: If you have a Form I–821 and/or 

Form I–765 that was still pending as of 

January 18, 2018, then you do not need to file 

a new application or applications. If your 

TPS application is approved, you will be 

granted TPS through July 22, 2019. Similarly, 

if you have a pending TPS-related 

application for an EAD that is approved, it 

will be valid through the same date. 

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 

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. 

Re-Filing 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 


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and issue an EAD promptly. Properly 

filing early will also allow you to have 

time to re-file 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 re-file by the 

re-registration deadline, you may still 

re-file your Form I–821 with the 

biometrics fee. This situation will be 

reviewed to determine whether you 

established good cause for late TPS reregistration. However, you are urged to 

re-file 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 re-file 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. 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

If . . . Mail to . . . 

You live in the State of Florida ........................... For U.S. Postal Service: U.S. Citizenship and Immigration Services, P.O. Box 4464, Chicago, 

IL 60680. 

For FedEx, UPS and DHL deliveries: U.S. Citizenship and Immigration Services, Attn: TPS 

Haiti, 131 S. Dearborn—3rd Floor, Chicago, IL 60603–5517. 

You live in the State of New York ....................... For U.S. Postal Service: U.S. Citizenship and Immigration Services, P.O. Box 660167, Dallas, 

TX 75266. 

For FedEx, UPS and DHL deliveries: U.S. Citizenship and Immigration Services, Attn: TPS 

Haiti, 2501 S. State Highway, 121 Business Suite 400, Lewisville, TX 75067. 

You live in any other state .................................. For U.S. Postal Service: U.S. Citizenship and Immigration Services, P.O. Box 24047, Phoenix, 

AZ 85074. 

For FedEx, UPS and DHL deliveries: U.S. Citizenship and Immigration Services, Attn: TPS 

Haiti, 1820 E. Skyharbor Circle S, Suite 100, Phoenix, AZ 85034. 

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 reregistering 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 reregistering 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, as 

USCIS may not have received records of 

your grant of TPS by either the IJ or the 

BIA. 

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 ‘‘Haiti.’’ 

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 Customer Service 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 Customer Service Center for 

assistance before making an InfoPass 

appointment. 

Am I eligible to receive an automatic 

180-day extension of my current EAD 

through July 21, 2018, using this 

Federal Register notice? 

Yes. Provided that you currently have 

a Haiti TPS-based EAD, this Federal 

Register notice automatically extends 

your EAD by 180 days (through July 21, 

2018) if you: 

• Are a national of Haiti (or an alien 

having no nationality who last 

habitually resided in Haiti); 

• Have an EAD with a marked 

expiration date of January 22, 2018, 

bearing the notation A–12 or C–19 on 

the face of the card under Category. 

Although this Federal Register notice 

automatically extends your EAD 

through July 22, 2018, you must reregister 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 


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expiration date of January 22, 2018, 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 

your EAD to your employer as proof of 

identity and employment eligibility for 

Form I–9 through July 21, 2018, unless 

your TPS has been withdrawn or your 

request for TPS has been denied. If you 

properly filed for a new EAD in 

accordance with this notice, you will 

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 July 

21, 2018, unless your TPS has been 

finally withdrawn or your request for 

TPS has been finally 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 July 21, 2018. 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 

will need to ask you about your 

continued employment authorization no 

later than before you start work on 

January 23, 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 also show this Federal Register 

notice to your employer to explain what 

to do for Form I–9.Your employer may 

need to reinspect your automatically 

extended EAD to check the expiration 

date and Category code to record the 

updated expiration date on your Form 

I–9 if your employer did not keep a 

copy of this EAD when you initially 

presented it. In addition, if 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 July 21, 2018, unless your TPS 

has been finally withdrawn or your 

request for TPS has been finally denied. 

You may also present this Federal 

Register notice to your employer to 

show that your EAD has been 

automatically extended through July 21, 

2018. 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 reregistration period. 

The last day of the automatic EAD 

extension is July 21, 2018. Before you 

start work on July 22, 2018, 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 July 22, 2018, 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 Haitian 

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 

Haitian citizenship or proof of reregistration 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 July 22, 2018, you and 

your employer should do the following: 

1. For Section 1, you should: 

a. Check ‘‘An alien authorized to work 

until’’ and enter July 21, 2018, the 

automatically extended EAD expiration 

date as the ‘‘expiration date, if 

applicable, mm/dd/yyyy’’; 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 ANumber 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 autoextended for 180 days by ensuring it is 

in category A–12 or C–19 and has a 

January 22, 2018 expiration date; 

b. Write in the document title; 

c. Enter the issuing authority; 

d. Provide the document number; and 

e. Insert July 21, 2018, the date that 

is 180 days from the date the current 

EAD expires. 

If 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 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices 2653 

Notice of Action showing that the EAD 

renewal application was filed and that 

the qualifying eligibility category is 

either A–12 or C–19. Unless your TPS 

has been finally withdrawn or your 

request for TPS has been finally denied, 

this document combination is 

considered an unexpired EAD (Form I– 

766) under List A. In these situations, to 

complete Section 2, employers should: 

a. Determine if the EAD is autoextended for 180 days by ensuring: 

• It is in category A–12 or C–19; and 

• 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. Insert July 21, 2018, the date that 

is 180 days from the date the current 

EAD expires. Before the start of work on 

July 22, 2018, 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 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 July 21, 2018, the date that 

is 180 days from the date your current 

EAD expires above the previous date 

(January 22, 2018); 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 autoextended for 180 days by ensuring: 

• It is in category A–12 or C–19; and 

• Has an expiration date of January 

22, 2018. 

b. Draw a line through the expiration 

date written in Section 2; 

c. Write July 21, 2018, the date that is 

180 days from the date the employee’s 

current EAD expires above the previous 

date (January 22, 2018); and 

d. Initial and date the correction in 

the margin of Section 2. 

In the alternative, if you properly 

applied for a new EAD, you may present 

your expired EAD with category A–12 

or C–19 in combination with the Form 

I–797C Notice of Action. The Form I– 

797C should show that the EAD renewal 

application was filed and 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 autoextended for 180 days by ensuring: 

• It is in category A–12 or C–19; and 

• 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 July 21, 2018, the date that is 

180 days from the date the employee’s 

current EAD expires above the previous 

date (January 22, 2018); 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 

extension has ended or the employee 

presents a new document to show continued 

employment authorization, whichever is 

sooner. By July 22, 2018, 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 EVerify for a new employee using the 

EAD with expiration date January 22, 

2018, or the Form I–797C receipt 

information provided on Form I–9. 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 TPSrelated 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 autoextension period for this EAD is about 

to expire. This indicates that you should 

update Form I–9 in accordance with the 

instructions above. Before such an 

employee starts to work on July 22, 

2018, employment authorization must 

be reverified in Section 3. 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 I9Central@

dhs.gov. 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 ImmigrationRelated Unfair Employment Practices) 

Employer Hotline at 800–255–8155 

(TTY 800–237–2515). The IER offers 

language interpretation in numerous 

languages. Employers may also email 

IER at IER@usdoj.gov. 

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 I-9Central@dhs.gov. 

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 EVerify. 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 


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2654 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Notices 

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 based on the 

employee’s decision to contest a TNC or 

because the case is still pending with EVerify. 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 EVerify 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) for your application to 

renew your current EAD providing an 

automatic extension of your currently 

expired or expiring EAD; 

(3) A copy of your Application for 

Temporary Protected Status Notice of 

Action (Form I–797) for this reregistration; and 

(4) A copy of your past or current 

Application for Temporary Protected 

Status Notice of Action (Form I–797), 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. 2018–00886 Filed 1–17–18; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2616–18; DHS Docket No. USCIS– 

2008–0034] 

RIN 1615–ZB71 

Termination of the Designation of El 

Salvador for Temporary Protected 

Status 

AGENCY: U.S. Citizenship and 

Immigration Services, U.S. Department 

of Homeland Security. 

ACTION: Notice. 

SUMMARY: The designation of El 

Salvador for Temporary Protected Status 

(TPS) is set to expire on March 9, 2018. 

After reviewing country conditions and 

consulting with appropriate U.S. 

Government agencies, the Secretary of 

Homeland Security has determined that 

conditions in El Salvador no longer 

support its designation for TPS and that 

termination of the TPS designation of El 

Salvador is required pursuant to statute. 

To provide time for an orderly 

transition, the Secretary is terminating 

the designation effective on September 

9, 2019, which is 18 months following 

the end of the current designation. 

Nationals of El Salvador (and aliens 

having no nationality who last 

habitually resided in El Salvador) who 

have been granted TPS and wish to 

maintain their TPS and receive TPSbased Employment Authorization 

Documents (EAD) valid through 

September 9, 2019, must re-register for 

TPS in accordance with the procedures 

set forth in this Notice. After September 

9, 2019, nationals of El Salvador (and 

aliens having no nationality who last 

habitually resided in El Salvador) who 

have been granted TPS under the El 

Salvador designation will no longer 

have TPS. 

DATES: The designation of El Salvador 

for TPS is terminated effective at 11:59 

p.m., local time, on September 9, 2019. 

The 60-day re-registration period runs 

from January 18, 2018 through March 

19, 2018. (Note: It is important for reregistrants to timely re-register during 

this 60-day period.) 

FOR FURTHER INFORMATION CONTACT: 

• You may contact Alex King, Branch 

Chief, Waivers and Temporary Services 

Branch, Service Center Operations 

Directorate, U.S. Citizenship and 

Immigration Services, U.S. Department 

of Homeland Security, 20 Massachusetts 

Avenue NW, Washington, DC 20529– 

2060; or by phone at (202) 272–8377 

(this is not a toll-free number). Note: 

The phone number provided here is 

solely for questions regarding this TPS 

Notice. It is not for individual case 

status inquiries. 

• For further information on TPS, 

including guidance on the reregistration 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 El Salvador’s TPS by 

selecting ‘‘El Salvador’’ from the menu 

on the left side of the TPS web page. 

• Applicants seeking information 

about the status of their individual cases 

may check Case Status Online, available 

on the USCIS website at http:// 


sradovich on DSK3GMQ082PROD with NOTICES