[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Pages 24737-24740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10619]


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DEPARTMENT OF HOMELAND SECURITY

Citizenship and Immigration Services

[CIS No. 2488-09; DHS Docket No. USCIS 2010-0031]
RIN 1615-ZA94


Extension of the Designation of Nicaragua for Temporary Protected 
Status and Automatic Extension of Employment Authorization 
Documentation for Nicaraguan TPS Beneficiaries

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

ACTION: Notice.

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SUMMARY: This Notice announces that the Secretary of Homeland Security 
(Secretary) has extended the designation of Nicaragua for temporary 
protected status (TPS) for 18 months from its current expiration date 
of July 5, 2010, through January 5, 2012. This Notice also sets forth 
procedures necessary for nationals of Nicaragua (or aliens having no 
nationality who last habitually resided in Nicaragua) with TPS to re-
register and to apply for an extension of their employment 
authorization documents (EADs) with U.S. Citizenship and Immigration 
Services (USCIS). Re-registration is limited to persons who previously 
registered for TPS under the designation of Nicaragua and whose 
applications have been granted or remain pending. Certain nationals of 
Nicaragua (or aliens having no nationality who last habitually resided 
in Nicaragua) who have not previously applied for TPS may be eligible 
to apply under the late initial registration provisions.
    New EADs with a January 5, 2012, expiration date will be issued to 
eligible TPS beneficiaries who timely re-register and apply for EADs. 
Given the timeframes involved with processing TPS re-registration 
applications, the Department of Homeland Security recognizes the 
possibility that all re-registrants may not receive new EADs until 
after their current EADs expire on July 5, 2010. Accordingly, this 
Notice automatically extends the validity of EADs issued under the TPS 
designation of Nicaragua for 6 months, through January 5, 2011, and 
explains how TPS beneficiaries and their employers may determine which 
EADs are automatically extended.

DATES: The extension of the TPS designation of Nicaragua is effective 
July 6, 2010, and will remain in effect through January 5, 2012. The 
60-day re-registration period begins May 5, 2010, and will remain in 
effect until July 6, 2010.

FOR FURTHER INFORMATION CONTACT: 
    <bullet> For further information on TPS, including guidance on the 
application process and additional information on eligibility, please 
visit the USCIS Web site at http://www.uscis.gov. Select ``Temporary 
Protected Status'' from the homepage. You can find detailed information 
about this TPS extension on our Web site at the Nicaraguan Questions & 
Answers Section.
    <bullet> You can also contact the TPS Operations Program Manager, 
Status and Family Branch, Service Center Operations Directorate, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
20 Massachusetts Avenue, NW., Washington, DC 20529-2060, telephone 
(202) 272-1533. This is not a toll-free call. Note: The phone number 
provided here is solely for questions regarding this TPS notice. It is 
not for individual case status inquiries. Applicants seeking 
information about the status of their individual cases can check Case 
Status Online available at the USCIS Web site at http://www.uscis.gov, 
or call the USCIS National Customer Service Center at 1-800-375-5283 
(TTY 1-800-767-1833).
    <bullet> Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This Document

Act--Immigration and Nationality Act
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration Related Unfair Employment Practices
PRRAC--European Union's Regional Program for the Reconstruction of 
Central America
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services

What is Temporary Protected Status?

    <bullet> TPS is an immigration status granted to eligible nationals 
of a country designated for TPS under the Act (or to persons without 
nationality who last habitually resided in the designated country).
    <bullet> During the period for which the Secretary has designated a 
country for TPS, TPS beneficiaries are eligible to remain in the United 
States and may obtain work authorization, so long as they continue to 
meet the terms and conditions of their TPS status.
    <bullet> The granting of TPS does not lead to permanent resident 
status.
    <bullet> When the Secretary terminates a country's TPS designation, 
beneficiaries return to the same immigration status they maintained 
before TPS (unless that status has since expired or been terminated) or 
to any other status they may have obtained while registered for TPS.

What authority does the Secretary of Homeland Security have to extend 
the designation of Nicaragua for TPS?

    Section 244(b)(1) of the Immigration and Nationality Act (the Act), 
8 U.S.C. 1254a(b)(1), authorizes the Secretary, after consultation with 
appropriate agencies of the government, to designate a foreign State 
(or part thereof) for TPS.\1\

[[Page 24738]]

The Secretary may then grant TPS to eligible nationals of that foreign 
State (or aliens having no nationality who last habitually resided in 
that State). Section 244(a)(1)(A) of the Act, 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 (HSA), Public Law 107-
296, 116 Stat. 2135, any reference to the Attorney General in a 
provision of the Immigration and Nationality Act describing 
functions transferred under the HSA from the Department of Justice 
to the Department of Homeland Security ``shall be deemed to refer to 
the Secretary'' of Homeland Security. See 6 U.S.C. 557 (2003) 
(codifying HSA, tit. XV, sec. 1517).
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    At least 60 days before the expiration of a TPS designation, the 
Secretary, after consultation with appropriate agencies of the 
government, must review the conditions in a foreign State designated 
for TPS to determine whether the conditions for the TPS designation 
continue to be met and, if so, must determine the length of an 
extension of the TPS designation. Section 244(b)(3)(A), (C) of the Act, 
8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary determines that the 
foreign State no longer meets the conditions for the TPS designation, 
the Secretary must terminate the designation. Section 244(b)(3)(B) of 
the Act, 8 U.S.C. 1254a(b)(3)(B).

When was Nicaragua designated for TPS?

    On January 5, 1999, the Attorney General designated Nicaragua for 
TPS based on an environmental disaster within that country, 
specifically the devastation resulting from Hurricane Mitch. 64 FR 526. 
See section 244(a)(b)(1)(B) of the Act, 8 U.S.C. 1254a(b)(1)(B). The 
last extension of TPS for Nicaragua was announced on October 1, 2008, 
based on the Secretary's determination that the conditions warranting 
the designation continued to be met. 73 FR 57138. This announcement is 
the ninth extension of TPS for Nicaragua.

Why is the Secretary extending the TPS designation for Nicaragua 
through January 5, 2012?

    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in Nicaragua. Based on this review, and 
after consulting with the Department of State, the Secretary has 
determined that an 18-month extension is warranted because there 
continues to be a substantial, but temporary, disruption of living 
conditions in Nicaragua resulting from Hurricane Mitch, and Nicaragua 
remains unable, temporarily, to adequately handle the return of its 
nationals.
    Hurricane Mitch resulted in the loss of thousands of lives, 
displacement of thousands more, collapse of physical infrastructure, 
and severe damage to the country's economic system. See 64 FR 526 (Jan. 
5, 1999) (discussing devastation caused by Hurricane Mitch). The 
government and people of Nicaragua continue to rely heavily on 
international assistance, and recovery from Hurricane Mitch is still 
incomplete.
    Nicaragua has not fully recovered from Hurricane Mitch. The regions 
most devastated by Hurricane Mitch, the mountainous north and the 
isolated Atlantic coast, continue to be the poorest and least developed 
in the country. Most rural roads in these regions have not been 
properly rehabilitated since Hurricane Mitch. Despite Millennium 
Challenge Corporation-sponsored road projects in some of the more 
populous areas of eastern Chinandega Department along the Honduran 
border, rural feeder roads remain in poor condition. They remain 
impassible during the rainy season. A significant number of the 90 
health centers and 400 health posts in isolated rural areas destroyed 
by Mitch have not been rebuilt. Some of the over 500 primary schools 
that suffered structural damage due to Mitch are still unusable.
    In addition, more recent natural disasters have slowed the recovery 
from Hurricane Mitch. In September 2007, Hurricane Felix, a category 5 
storm, struck the area affected by Hurricane Mitch and was followed by 
heavy rains and flooding. More than 20,450 homes, along with 100 
schools, clinics, community centers, and churches were destroyed, and 
130 people died. Tropical depression Alma followed in May 2008 and 
further exacerbated the damage caused by the earlier storms.
    Nicaragua continues to suffer from chronic poverty and food 
insufficiencies, which have compounded recovery challenges. 
Environmental disasters have destroyed over 100,000 acres of crops. In 
addition, continued environmental disasters have damaged water 
supplies, leaving whole communities lacking potable water. According to 
the United Nations World Food Programme (WFP), these recurring 
environmental disasters destroyed the country's economic base. 
Approximately 48% of the population lives below the poverty line, and 
approximately 17% live in extreme poverty.
    Nicaragua is also currently unable to handle adequately the return 
of thousands of its nationals who now have TPS in the United States, 
but no other immigration status. Their return would aggravate 
Nicaragua's deteriorating economy by increasing unemployment already 
exacerbated by the recent global economic crisis. Economic development 
has also been hindered and disrupted by electoral fraud and weak and 
poorly constructed infrastructure, such as the poor condition of rural 
roads. Nicaragua remains ill-equipped to handle adequately the return 
of Nicaraguans currently in the United States who are TPS 
beneficiaries.
    Based on this review and after consultation with the appropriate 
Government agencies, the Secretary finds that:
    <bullet> The conditions that prompted the January 5, 1999, 
designation of Nicaragua for TPS continue to be met. See section 
244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A).
    <bullet> There continues to be a substantial, but temporary, 
disruption in living conditions in Nicaragua as the result of an 
environmental disaster. See section 244(b)(1)(B) of the Act, 8 U.S.C. 
1254a(b)(1)(B).
    <bullet> Nicaragua continues to be unable, temporarily, to 
adequately handle the return of its nationals (or aliens having no 
nationality who last habitually resided in Nicaragua). See section 
244(b)(1)(B) of the Act, 8 U.S.C. 1254a(b)(1)(B).
    <bullet> The designation of Nicaragua for TPS should be extended 
for an additional 18-month period. See section 244(b)(3)(C) of the Act, 
8 U.S.C. 1254a(b)(3)(C).
    <bullet> There are approximately 3,000 nationals of Nicaragua (or 
aliens having no nationality who last habitually resided in Nicaragua) 
who are eligible for TPS under this extended designation.

Notice of Extension of the TPS Designation of Nicaragua

    By the authority vested in me as Secretary of Homeland Security 
under section 244 of the Act, 8 U.S.C. 1254a, I have determined after 
consultation with the appropriate government agencies that the 
conditions that prompted designation of Nicaragua for temporary 
protected status (TPS) on January 5, 1999, continue to be met. See 
section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the basis 
of this determination, I am extending the TPS designation of Nicaragua 
for 18 months

[[Page 24739]]

from July 6, 2010, through January 5, 2012.

Janet Napolitano,
Secretary.

Required Application Forms and Application Fees to Register or Re-
register for TPS

    To register or re-register for TPS, an applicant must submit:
    1. Form I-821, Application for Temporary Protected Status,
    <bullet> You only need to pay the Form I-821 application fee if you 
are filing an application for late initial registration.
    <bullet> You do not need to pay the Form I-821 fee for a re-
registration; and
    2. Form I-765, Application for Employment Authorization.
    <bullet> If you are filing for re-registration, you must pay the 
Form I-765 application fee if you want an employment authorization 
document (EAD).
    <bullet> If you are filing for late initial registration and want 
an EAD, you must pay the Form I-765 fee only if you are age 14 through 
65. No EAD fee is required if you are under the age of 14 or over the 
age of 65 and filing for late initial TPS registration.
    <bullet> You do not pay the Form I-765 fee if you are not 
requesting an EAD.
    You must submit both completed application forms together. You may 
apply for application and/or biometrics fee waivers if you are unable 
to pay and you can provide proof through satisfactory supporting 
documentation. For more information on the application forms and 
application fees for TPS, please visit the USCIS Web site at http://www.uscis.gov.

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age or older. Those applicants must submit a biometric 
services fee. For more information on the biometric services fee, 
please visit the USCIS Web site at http://www.uscis.gov.

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 are applying for re-registration through U.S.        USCIS, Attn: TPS Nicaragua, P.O. Box 6943, Chicago, IL
 Postal Service.                                          60680-6943.
You are applying for the first time as a late initial    USCIS, Attn: TPS Nicaragua, P.O. Box 6943, Chicago, IL
 registrant through U.S. Postal Service.                  60680-6943.
You are using a Non-U.S. Postal Service delivery         U.S. Citizenship and Immigration Services, Attn: TPS
 service for both re-registration and first time late     Nicaragua, 131 S. Dearborn--3rd Floor, Chicago, IL
 initial registration.                                    60603-5517.
You were granted TPS by an Immigration Judge (IJ) or     USCIS, Attn: TPS Nicaragua, P.O. Box 7332, Chicago, IL
 the Board of Immigration Appeals (BIA), and you wish     60680-7332.
 to request an EAD or are re-registering for the first
 time.
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E-Filing

    If you are re-registering for TPS during the re-registration period 
and you do not need to submit any supporting documents or evidence, you 
are eligible to file your applications electronically. For more 
information on e-filing, please visit the USCIS E-Filing Reference 
Guide at the USCIS Web site at http://www.uscis.gov.

Employment Authorization Document (EAD)

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

    No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.

Am I eligible to receive an automatic 6-month EAD extension from July 
6, 2010, through January 5, 2011?

    To receive an automatic 6-month extension of your EAD:
    <bullet> You must be a national of Nicaragua (or an alien having no 
nationality who last habitually resided in Nicaragua) who has applied 
for and received an EAD under the designation of Nicaragua for TPS, and
    <bullet> You have not had TPS withdrawn or denied.
    This automatic extension is limited to EADs issued on Form I-766, 
Employment Authorization Document, bearing an expiration date of July 
5, 2010. These EADs must also bear the notation ``A-12'' or ``C-19'' on 
the face of the card under ``Category.''

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

    During the first six months of this extension, qualified 
individuals who have received a 6-month automatic extension of their 
EADs by virtue of this Federal Register notice may present their 
extended TPS-based EADs, as described above, to their employers as 
proof of identity and employment authorization through January 5, 2011. 
To minimize confusion over this extension at the time of hire or re-
verification, qualified individuals may also present a copy of this 
Federal Register notice regarding the automatic extension of employment 
authorization documentation through January 5, 2011.
    After January 5, 2011, TPS beneficiaries may present their EADs on 
Form I-766 with an extension date of January 5, 2012, to their 
employers as proof of employment authorization and identity. The EAD 
will bear the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category.'' After January 5, 2011, employers may not accept 
EADs that no longer have a valid date.
    Employers should not request proof of Nicaraguan citizenship. 
Employers should accept the EADs as valid ``List A'' documents. 
Employers should not ask for additional Form I-9 documentation if 
presented with an EAD that has been automatically extended or a new 
valid EAD pursuant to this Federal Register notice, and the EAD 
reasonably appears on its face to be genuine and to relate to the 
employee. Employees also may present any other legally acceptable 
document or combination of documents listed on the Form I-9 as proof of 
identity and employment eligibility.

Note to Employers

    Employers are reminded that the laws requiring employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Notice does not 
supersede or in any way limit applicable employment verification rules 
and policy guidance, including those rules setting forth re-
verification requirements. For questions, employers may call the USCIS 
Customer Assistance Office at 1-800-357-2099. Employers may also call 
the U.S. Department of Justice Office (DOJ) of Special Counsel for 
Immigration Related Unfair Employment Practices (OSC) Employer Hotline 
at 1-800-255-8155.

[[Page 24740]]

Note to Employees

    Employees or applicants may call the OSC Employee Hotline at 1-800-
255-7688 for information regarding the automatic extension. Additional 
information is available on the OSC Web site at http://www.justice.gov/crt/osc/.

[FR Doc. 2010-10619 Filed 5-4-10; 8:45 am]
BILLING CODE 9111-97-P