[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2648-2654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00886]


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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.

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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: 
    <bullet> 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.

[[Page 2649]]

    <bullet> For further information on TPS, including guidance on the 
re-registration process and additional information on eligibility, 
please visit the USCIS TPS web page at http://www.uscis.gov/tps. You 
can find specific information about this termination of Haiti's TPS by 
selecting ``Haiti'' from the menu on the left side of the TPS web page.
    <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 National Customer 
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available 
in English and Spanish.
    <bullet> Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
FR--Federal Register
Government--U.S. Government
IJ--Immigration Judge
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 re-registration 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)?

    <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 work and 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)(2), 8 U.S.C. 1254a(c)(2).
    <bullet> When the Secretary terminates a country's TPS designation, 
beneficiaries return to one of the following:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
been terminated); or
    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, as long as it is still valid 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).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to the U.S. Department of Homeland Security (DHS) ``shall be 
deemed to refer to the Secretary'' of Homeland Security. See 6 
U.S.C. 557 (codifying the Homeland Security Act of 2002, tit. XV, 
section 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in 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

[[Page 2650]]

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 Mo[iuml]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

[[Page 2651]]

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 re-registration. 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
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             If . . .                           Mail to . . .
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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.
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    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the 
BIA, please mail your application to the appropriate mailing address in 
Table 1. When re-registering and requesting an EAD based on an IJ/BIA 
grant of TPS, please include a copy of the IJ or BIA order granting you 
TPS with your application. This will help us to verify your grant of 
TPS and process your application, 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:
    <bullet> Are a national of Haiti (or an alien having no nationality 
who last habitually resided in Haiti);
    <bullet> 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 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

[[Page 2652]]

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 re-registration 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 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 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 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 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

[[Page 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 auto-extended for 180 days by ensuring:
    <bullet> It is in category A-12 or C-19; and
    <bullet> The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. 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 auto-extended for 180 days by ensuring:
    <bullet> It is in category A-12 or C-19; and
    <bullet> 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 auto-extended for 180 days by ensuring:
    <bullet> It is in category A-12 or C-19; and
    <bullet> The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Draw a line through the expiration date written in Section 2;
    c. Write 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 E-Verify 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 
TPS-related EAD was automatically extended. If you have employees who 
are TPS beneficiaries who provided a TPS-related EAD when they first 
started working for you, you will receive a ``Work Authorization 
Documents Expiring'' case alert when the auto-extension period for this 
EAD is about to expire. 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 <a href="/cdn-cgi/l/email-protection#8dc4b4cee8e3f9ffece1cde9e5fea3eae2fb"><span class="__cf_email__" data-cfemail="662f5f2503081214070a26020e1548010910">[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). The IER offers language 
interpretation in numerous languages. Employers may also email IER at 
<a href="/cdn-cgi/l/email-protection#c8818d9a88bdbbaca7a2e6afa7be"><span class="__cf_email__" data-cfemail="58111d0a182d2b3c3732763f372e">[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#f0b9ddc9b3959e8482919cb0949883de979f86"><span class="__cf_email__" data-cfemail="672e4a5e2402091315060b27030f1449000811">[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

[[Page 2654]]

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 E-Verify. A Final Nonconfirmation (FNC) case result is 
received when E-Verify cannot verify an employee's employment 
eligibility. An employer may terminate employment based on a case 
result of FNC. Work-authorized employees who receive an FNC may call 
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). For more 
information about E-Verify-related discrimination or to report an 
employer for discrimination in the E-Verify process based on 
citizenship, immigration status, or national origin, contact IER's 
Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Form I-9 and E-Verify 
procedures is available on the IER website at https://www.justice.gov/ier and the USCIS website at http://www.dhs.gov/E-verify.

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

    While Federal Government agencies must follow the guidelines laid 
out by the Federal Government, state and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each state may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, state, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples of such documents are:
    (1) Your current EAD;
    (2) A copy of your Notice of Action (Form I-797C) 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 re-registration; 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


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