Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Notices 23271

How Does an Application for TPS

Affect My Application for Asylum or

Other Immigration Benefits

An application for TPS does not affect

an application for asylum or any other

immigration benefit. A person who is

otherwise eligible for TPS and who has

applied for, or plans to apply for,

asylum, but who has not yet been

granted asylum or withholding of

removal, may also apply for TPS. Denial

of an application for asylum or any

other immigration benefit does not

necessarily affect disposition of a

separate TPS application, though

grounds for denying one form of relief

may serve as the basis for denying TPS,

as well. For example, a person who has

been convicted of a particularly serious

crime is ineligible for both asylum and

TPS. 8 U.S.C. 1158(b) (2); 8 U.S.C.

1254a(c) (2) (B).

Does This Extension Allow Nationals of

Honduras (or Aliens Having No

Nationality Who Last Habitually

Resided in Honduras) Who Entered the

United States after December 30, 1998,

to File for TPS?

No. This is a notice of an extension of

the TPS designation for Honduras, not

a notice of re-designation for Honduras

for TPS. An extension of TPS does not

change the required dates of continuous

residence and continuous physical

presence in the United States and does

not expand TPS availability to include

nationals of Honduras (or aliens having

no nationality who last habitually

resided in Honduras) who arrived in the

United States after the required dates for

continuous physical presence, January

5, 1999, and continuous residence,

December 30, 1998.

Is Late Initial Registration Possible?

Yes. In addition to timely reregistration, late initial registration is

possible for some persons from

Honduras under 8 CFR 244.2(f)(2). To

apply for late initial registration and

applicant must:

(1) be a national of Honduras (or an

alien who has no nationality and who

last habitually resided in Honduras);

(2) have been continuously physically

present in the United States since

January 5, 1999;

(3) have continuously resided in the

United States since December 30, 1998;

and,

(4) be admissible as an immigrant,

except as otherwise provided under

section 244(c) (2) (A) of the Act, and not

ineligible under section 244 (c) (2) (B)

of the Act.

Additionally, the applicant must be

able to demonstrate that, during the

registration period from January 5, 1999,

through July 5, 2000, he or she:

(1) was a nonimmigrant or had been

granted voluntary departure status or

any relief from removal,

(2) had an application for change of

status, adjustment of status, asylum,

voluntary departure, or any relief from

removal pending or subject to further

review or appeal,

(3) was a parolee or had a pending

request for reparole, or

(4) was the spouse or child of an alien

currently eligible to be a TPS registrant.

8 CFR 244.2(f)(2).

An applicant for late initial

registration must register no later than

sixty (60) days from the expiration or

termination of the conditions described

above. 8 CFR 244.2(g).

Notice of Extension of Designation of

Honduras Under the TPS Program

By the authority vested in me as

Attorney General under sections

244(b)(1), (b)(3)(A), and (b)(3)(C) of the

Act, I have consulted with the

appropriate government agencies

concerning whether the conditions

under which Honduras was designated

for TPS continue to exist. As a result, I

determine that the conditions for

designation of TPS for Honduras

continue to be met, specifically that the

damage from Hurricane Mitch persists

and Honduras remains temporarily

unable to handle adequately the return

of its nationals. 8 U.S.C. 1254a(b)(3)(A).

Accordingly, I order as follows:

(1) The designation of Honduras

under section 244(b) of the Act is

extended for an additional 12-month

period from July 5, 2001, to July 5, 2002.

8 U.S.C. 1254a(b)(3)(C).

(2) I estimate that there are

approximately 105,000 nationals of

Honduras (or aliens who have no

nationality and who last habitually

resided in Honduras) who have been

granted TPS and who are eligible for reregistration.

(3) In order to be eligible for TPS

during the period from July 5, 2001, to

July 5, 2002, a national of Honduras (or

an alien who has no nationality and

who last habitually resided in

Honduras) who has already received a

grant of TPS under the Honduras TPS

designation or who is eligible to file

under the late filing provision of 8 CFR

244.2(f)(2) must register for TPS by

filing a new Application for Temporary

Protected Status, Form I–821, along

with an Application for Employment

Authorization, Form I–765, within the

90-day period beginning on May 8, 2001

and ending on August 6, 2001. Failure

to register without good cause will

result in the withdrawal of TPS. 8 CFR

244.17(c).

(4) At least 60 days before this

extension terminates on July 5, 2002,

the Attorney General will review the

designation of Honduras under the TPS

program and determine whether the

conditions for designation continue to

be met. 8 U.S.C. 1254a(b)(3)(A). Notice

of that determination, including the

basis for the determination, will be

published in the Federal Register.

(5) Information concerning the

Honduran TPS program will be

available at local Service offices upon

publication of this notice and on the

INS website at http://

www.ins.usdoj.gov.

Dated: May 1, 2001.

John Aschroft,

Attorney General.

[FR Doc. 01–11536 Filed 5–7–01; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2136–01; AG Order No. 2426–2001]

RIN 1115—AE26

Extension of the Designation of

Nicaragua Under the Temporary

Protected Status Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: The designation of Nicaragua

under the Temporary Protected Status

(TPS) will expire on July 5, 2001. This

notice extends the Attorney General’s

designation of Nicaragua under the TPS

program for 12 months until July 5,

2002, and sets forth procedures

necessary for nationals of Nicaragua (or

aliens having no nationality who last

habitually resided in Nicaragua) with

TPS to register for the additional 12-

month period. Eligible nationals of

Nicaragua (or aliens having no

nationality who last habitually resided

in Nicaragua) may re-register for TPS

and an extension of employment

authorization. Re-registration is limited

to persons who registered during the

initial registration period, which ended

on August 20, 1999, or who registered

after that date under the late initial

registration provisions. Persons who are

eligible for late initial registration may

register for TPS during this extension.

Nationals of Nicaragua (or aliens having

no nationality who last habitually

resided in Nicaragua) who are eligible

for late initial registration may register

for TPS during this extension.

23272 Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Notices

EFFECTIVE DATES: The extension of the

TPS designation for Nicaragua is

effective July 5, 2001, and will remain

in effect until July 5, 2002. The 90-day

re-registration period begins May 8,

2001, and will remain in effect until

August 6, 2001.

FOR FURTHER INFORMATION CONTACT:

Rebecca K. Peters, Residence and Status

Services Branch, Adjudications,

Immigration and Naturalization Service,

Room 3214, 425 I Street, NW.,

Washington, DC 20536, telephone (202)

514–4754.

SUPPLEMENTARY INFORMATION:

What Authority Does the Attorney

General Have To Extend the

Designation of Nicaragua Under the

TPS Program?

Section 244(b)(3)(A) of the

Immigration and Nationality Act (Act)

states that at least 60 days before the

end of an extension or a designation, the

Attorney General must review

conditions in the foreign state for which

the designation is in effect. 8 U.S.C.

1254a(b)(3)(A). If the Attorney General

does not determine that the foreign state

no longer meets the conditions for

designation, the period of designation is

automatically extended for 6 months

pursuant to section 224(b)(3)(C) of the

Act, although the Attorney General may

exercise his discretion to extend the

designation for 12 or 18 months. 8

U.S.C. 1254a(b)(3)(C). With respect to

Nicaragua, such an extension makes

TPS available only to persons who have

been continuously physically present

since January 5, 1999, and have

continuously resided in the United

States since December 30, 1998.

Why Did the Attorney General Decide

To Extend the TPS Designation for

Nicaragua?

Since the date of the last extension of

Nicaragua’s TPS designation, the

Departments of Justice and State have

continued to review conditions in

Nicaragua. Prior to making a decision,

the Attorney General had consultations

with the Department of State to

determine whether conditions

warranting the TPS designation

continued to exist. Despite indications

of progress in recovery efforts, the

Attorney General determined that

sufficient damage from Hurricane Mitch

persists that makes Nicaragua

temporarily unable to handle adequately

the return of its nationals. 8 U.S.C.

1254a(b)(1)(B)(ii). For example, the

United Nations Food and Agricultural

Organization designated Nicaragua as

one of only four countries in the

Western Hemisphere experiencing a

food emergency. In addition, recovery

efforts continued to be hamstrung by the

delayed delivery on international aid.

Why Did the Attorney General Extend

the TPS Designation for a Period of 12

Months?

The Attorney General determined that

a 12-month extension would afford

Nicaragua a sufficient amount of time to

substantially complete its recovery

efforts. At the expiration of the current

extension, Nicaragua will have been

designated for TPS for a period of 30

months. During this period, Nicaragua

will have made progress in recovering

from the effects of Hurricane Mitch.

Balancing the need for additional time

for recovery efforts with the temporal

nature of the TPS benefit, the Attorney

General determined that a 12-month

extension would provide Nicaragua

sufficient time to complete its recovery

efforts to the point that it can handle

adequately the return of its nationals.

If I Currently Have TPS, How Do I ReRegister for an Extension?

If you have already been granted TPS

through the Nicaragua TPS Program,

your TPS will expire on July 5, 2001.

Persons previously granted TPS under

the Nicaragua program may apply for an

extension by filing (1) a Form I–821,

Application for Temporary Protected

Status, without the fee, during the reregistration period that begins May 8,

2001 and ends August 6, 2001, and (2)

a Form I–765, Application for

Employment Authorization, and by

submitting two identification

photographs (11⁄2′′ × 11⁄2′′). To determine

whether or not you must submit the one

hundred dollar ($100) filing fee with the

Form I–765, see the chart below.

If Then

You are applying for employment authorization through July 5, 2002 .... You must complete and file: (1) Form I–765, Application for Employment Authorization, with the fee ($100).

You already have employment authorization or do not require employment authorization.You must complete and file: (1) Form I–765, with no filing fee.

You are applying for employment authorization and are requesting a

fee waiver.

You must complete and file: (1) Fee waiver request and affidavit (and

any other information) in accordance with 8 CFR 244.20, and (2)

Form I–765 with no fee.

Where Should I Submit the Application

for an Extension of TPS?

Nationals of Nicaragua (or aliens who

have no nationality and who last

habitually resided in Nicaragua) seeking

to re-register for the extension of TPS

must submit an application and

accompanying materials to the INS

service center that has jurisdiction over

the applicant’s place of residence.

When May I File for an Extension of

TPS?

The 90-day re-registration period

begins May 8, 2001, and will remain in

effect until August 6, 2001.

May I Apply for an Extension of My

Work Authorization if I Have Been

Granted Employment Authorization on

the Basis of My Pending I–821, and as

of July 5, 2001, My Original Form I–821

Is Still Pending?

Yes, you may apply for an extension

of your employment authorization.

Follow the instructions for reregistration above.

How Does an Application for TPS

Affect My Application for Asylum or

Other Immigration Benefits?

An application for TPS does not affect

an application for asylum or any other

immigration benefit. A person who is

otherwise eligible for TPS and has

applied for, or plans to apply for,

asylum, but who has not yet been

granted asylum or withholding of

removal, may also apply for TPS. Denial

of an application for asylum or any

other immigration benefit does not

necessarily affect disposition of a

separate TPS application, though

grounds for denying one form of relief

may serve as the basis for denying TPS,

as well. For example, a person who has

been convicted of a particularly serious

crime is not eligible for asylum or TPS.

8 U.S.C. 1158(b)(2); 8 U.S.C.

1254a(c)(2)(B).

Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Notices 23273

Does This Extension Allow Nationals of

Nicaragua (or Aliens Having No

Nationality Who Last Habitually

Resided in Nicaragua) Who Entered the

United States after December 30, 1998,

to File for TPS?

No. This is a notice of an extension of

the TPS designation for Nicaragua, not

a notice of re-designation for Nicaragua

for TPS. An extension of TPS does not

change the required dates of continuous

residence and continuous physical

presence in the United States and does

not expand TPS availability to include

nationals of Nicaragua (or aliens having

no nationality who last habitually

resided in Nicaragua) who arrived in the

United States after the required dates for

continuous physical presence, January

5, 1999, and continuous residence,

December 30, 1998.

Is Late Initial Registration Possible?

Yes. In addition to timely reregistration, late initial registration is

possible for some persons from

Nicaragua under 8 CFR 244.2(f)(2). To

apply for late initial registration an

applicant must:

(1) be a national of Nicaragua (or an

alien who has no nationality and who

last habitually resided in Nicaragua);

(2) have been continuously physically

present in the United States since

January 5, 1999;

(3) have continuously resided in the

United States since December 30, 1998;

and,

(4) be admissible as an immigrant,

except as otherwise provided under

section 244(c)(2)(A) of the Act, and not

ineligible under section 244(c)(2)(B) of

the Act.

Additionally, the applicant must be

able to demonstrate that, during the

registration period from January 5, 1999,

through July 5, 2000, he or she:

(1) was a nonimmigrant or had been

granted voluntary departure status or

any relief from removal,

(2) had an application for change of

status, adjustment of status, asylum,

voluntary departure, or any relief from

removal pending or subject to further

review or appeal,

(3) was a parolee or had a pending

request for reparole, or

(4) was the spouse or child of an alien

currently eligible to be a TPS registrant.

8 CFR 244.2(f)(2).

An applicant for late initial

registration must register no later than

sixty (60) days from the expiration or

termination of the conditions described

above. 8 CFR 244.2(g).

Notice of Extension of Designation of

Nicaragua Under the TPS Program

By the authority vested in me as

Attorney General under sections

244(b)(1), (b)(3)(A), and (b)(3)(C) of the

Act, I have consulted with the

appropriate Government agencies

concerning whether the conditions

under which Nicaragua was designated

for TPS continue to exist. As a result, I

determine that the conditions for

designation of TPS for Nicaragua

continue to be met, specifically that the

damage from Hurricane Mitch persists

and Nicaragua remains temporarily

unable to handle adequately the return

of its nationals. 8 U.S.C. 1254a(b)(3)(A).

Accordingly, I order as follows:

(1) The designation of Nicaragua

under section 244(b) of the Act is

extended for an additional 12-month

period from July 5, 2001, to July 5, 2002.

8 U.S.C. 1254a(b)(3)(C).

(2) I estimate that there are

approximately 5,300 nationals of

Nicaragua (or aliens who have no

nationality and who last habitually

resided in Nicaragua) who have been

granted TPS and who are eligible for reregistration.

(3) In order to be eligible for TPS

during the period from July 5, 2001, to

July 5, 2002, a national of Nicaragua (or

an alien who has no nationality and

who last habitually resided in

Nicaragua) who has already received a

grant of TPS under the Nicaragua TPS

designation or who is eligible to file

under the late filing provision of 8 CFR

244.2(f)(2) must register for TPS by

filing a new Application for Temporary

Protected Status, Form I–821, along

with an Application for Employment

Authorization, Form I–765, within the

90-day period beginning on May 8, 2001

and ending on August 6, 2001. Failure

to register without good cause will

result in the withdrawal of TPS. 8 CFR

244.17(c).

(4) At least 60 days before this

extension terminates on July 5, 2002,

the Attorney General will review the

designation of Nicaragua under the TPS

program and determine whether the

conditions for designation continue to

be met. 8 U.S.C. 1254a(b)(3)(A). Notice

of that determination, including the

basis for the determination, will be

published in the Federal Register. 8

U.S.C. 1254a(b)(3)(A).

(5) Information concerning the

Nicaraguan TPS program will be

available at local Service offices upon

publication of this notice and on the

INS website at http://

www.ins.usdoj.gov.

Dated: May 1, 2001.

John Aschroft,

Attorney General.

[FR Doc. 01–11537 Filed 5–7–01; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF LABOR

Employment and Training

Administration

Wagner-Peyser Act Final Planning

Allotments for Program Year (PY) 2001

AGENCY: Employment and Training

Administration, Labor.

ACTION: Notice.

SUMMARY: This notice announces the

final planning allotments for Program

Year (PY) 2001 (July 1, 2001 through

June 30, 2002) for basic labor exchange

activities provided under the WagnerPeyser Act.

FOR FURTHER INFORMATION CONTACT:

Timothy S. Felegie, Office of Workforce

Security, 200 Constitution Avenue NW.,

Room S–4231, Washington, DC 20210.

Telephone: (202) 693–2934 (this is not

a toll-free number).

SUPPLEMENTARY INFORMATION: In

accordance with section 6(b)(5) of the

Wagner-Peyser Act, 29 U.S.C. 49e(b)(5),

the Employment and Training

Administration is publishing final

planning allotments for each State for

program Year (PY) 2001 (July 1, 2001,

through June 30, 2002). Preliminary

planning estimates were provided to

each State on March 6, 2001. Funds are

distributed in accordance with formula

criteria established in section 6(a) and

(b) of the Wagner-Peyser Act. Civilian

labor force (CLF) and unemployment

data for Calendar Year 2000 are used in

making the formula calculations.

The total amount of funds currently

available for distribution is

$761,735,000. The Secretary of Labor

shall set aside up to 3 percent of the

total available funds to assure that each

State will have sufficient resources to

maintain statewide employment

services, as required by section 6(b)(4)

of the Act, 29 U.S.C. 49e(b)(4). In

accordance with this provision,

$22,372,050 is set aside for

administrative formula allocation. These

funds are included in the total planning

allotment. The funds that are set aside

are distributed in two steps to States

which have lost in relative share of

resources from the prior year. In Step 1,

States which have a CLF below one

million and are below the median CLF

density are maintained at 100 percent of

their relative share of prior year

resources. The remainder is distributed