57128 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 

1As of March 1, 2003, in accordance with section 

1517 of Title XV of the Homeland Security Act of 

2002 (HSA), Public Law No. 107–296, 116 Stat. 

2135, any reference to the Attorney General in a 

provision of the Immigration and Nationality Act 

describing functions which were transferred from 

the Attorney General or other Department of Justice 

36504, to clarify the factors that will be 

considered in making the determination 

as to whether advisory councils, or 

groups, should be certified in 

accordance with the Act. 

The Assistant Commandant for 

Marine Safety and Environmental 

Protection (G-M), redelegated 

recertification authority for advisory 

councils, or groups, to the Commander, 

Seventeenth Coast Guard District on 

February 26, 1999 (letter #16450). 

On September 16, 2002, the Coast 

Guard published a policy statement, 

67 FR 58440, which changed the 

recertification procedures such that 

applicants are required to provide the 

Coast Guard with comprehensive 

information every three years 

(triennially). For each of the two years 

between the triennial application 

procedure, applicants submit a letter 

requesting recertification that includes a 

description of any substantive changes 

to the information provided at the 

previous triennial recertification. 

Further, public comment is not solicited 

prior to recertification during 

streamlined years, only during the 

triennial comprehensive review. 

Discussion of Comments 

On August 7, 2008, the Coast Guard 

published a ‘‘Notice of availability; 

request for comments’’ for 

recertification of Cook Inlet Regional 

Citizens’ Advisory Council in the 

Federal Register (73 FR 46027). We 

received six letters commenting on the 

proposed action. No public meeting was 

requested, and none was held. Of the 

seven comments received, all were 

positive. Comments in support of the 

recertification consistently cited 

CIRCAC’s broad representation of the 

respective communities’ interests, 

appropriate actions to keep the public 

informed, improvements to both spill 

response preparation and spill 

prevention, and oil spill industry 

monitoring efforts that combat 

complacency—as intended by the Act. 

Recertification 

By letter dated September 12, 2008, 

the Commander, Seventeenth Coast 

Guard certified that the CIRCAC 

qualifies as an alternative voluntary 

advisory group under 33 U.S.C. 2732(o). 

This recertification terminates on 

August 31, 2009. 

Dated: September 15, 2008. 

Arthur E. Brooks, 

Rear Admiral, U.S. Coast Guard Commander, 

Seventeenth Coast Guard District. 

[FR Doc. E8–23033 Filed 9–30–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2456–08; DHS Docket No. USCIS– 

2008–0034] 

RIN 1615–ZA73 

Extension of the Designation of El 

Salvador for Temporary Protected 

Status 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Notice. 

SUMMARY: This Notice announces that 

the Secretary of Homeland Security has 

extended the designation of El Salvador 

for temporary protected status (TPS) for 

18 months, from its current expiration 

date of March 9, 2009 through 

September 9, 2010. This Notice also sets 

forth procedures necessary for nationals 

of El Salvador (or aliens having no 

nationality who last habitually resided 

in El Salvador) with TPS to re-register 

with U.S. Citizenship and Immigration 

Services (USCIS). Unlike the prior 

extension of TPS for El Salvador, this 

Notice does not automatically extend 

previously-issued employment 

authorization documents (EADs). 

Eligible TPS beneficiaries must apply to 

USCIS for extensions of their EADs, and 

pay the required application fee for such 

extensions, during the 90-day 

registration period. Re-registration is 

limited to persons who have previously 

registered with USCIS for TPS under the 

designation of El Salvador and whose 

applications have been granted by or 

remain pending with USCIS. Certain 

nationals of El Salvador (or aliens 

having no nationality who last 

habitually resided in El Salvador) who 

have not previously applied to USCIS 

for TPS may be eligible to apply under 

the late initial registration provisions. 

DATES: The extension of the TPS 

designation of El Salvador is effective 

March 10, 2009, and will remain in 

effect through September 9, 2010. The 

90-day re-registration period begins 

October 1, 2008, and will remain in 

effect until December 30, 2008. To 

facilitate processing of applications, 

applicants are strongly encouraged to 

file as soon as possible after the start of 

the 90-day re-registration period 

beginning on October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Shelly Sweeney, Status and Family 

Branch, Office of Service Center 

Operations, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 20 Massachusetts 

Avenue, NW., 2nd Floor, Washington, 

DC 20529, telephone (202) 272–1533. 

This is not a toll-free call. Further 

information will also be available at 

local USCIS offices upon publication of 

this Notice and on the USCIS Web site 

at http://www.uscis.gov. 

Note: The phone number provided here is 

solely for questions regarding this 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 listed above, or applicants 

may call the USCIS National Customer 

Service Center at 1–800–375–5283 (TTY 1– 

800–767–1833). 

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This 

Document 

Act—Immigration and Nationality Act. 

ASC—USCIS Application Support Center. 

DHS—Department of Homeland Security. 

HSA—Homeland Security Act of 2002. 

OSC—U.S. Department of Justice Office of 

Special Counsel for Immigration Related 

Unfair Employment Practices. 

EAD—Employment Authorization Document. 

Secretary—Secretary of Homeland Security. 

TPS—Temporary Protected Status. 

USCIS—U.S. Citizenship and Immigration 

Services. 

What Is Temporary Protected Status? 

TPS is an immigration status DHS 

grants to eligible nationals of designated 

countries or part of a designated 

country. During the period for which 

the Secretary of Homeland Security 

(Secretary) has designated a country for 

TPS, TPS beneficiaries are eligible to 

remain in the United States and may 

obtain work authorization. The granting 

of TPS does not lead to permanent 

resident status. When the Secretary 

terminates a country’s TPS designation, 

beneficiaries return to the same 

immigration status they maintained 

before TPS (unless that status had since 

expired or been terminated) or to any 

other status they may have been 

obtained while registered for TPS. 

What authority does the Secretary of 

Homeland Security have to extend the 

designation of El Salvador for TPS? 

Section 244(b)(1) of the Immigration 

and Nationality Act (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


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official to the Department of Homeland Security by 

the HSA ‘‘shall be deemed to refer to the Secretary’’ 

of Homeland Security. See 6 U.S.C. 557 (2003) 

(codifying HSA, Title XV, § 1517). 

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). 

At least 60 days before the expiration 

of a TPS designation, the Secretary, after 

consultations 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. Sections 

244(b)(3)(A) and (C) of the Act, 8 U.S.C. 

1254a(b)(3)(A) and (C). If the Secretary 

determines that the foreign State no 

longer meets the conditions for the TPS 

designation, he must terminate the 

designation. Section 244(b)(3)(B) of the 

Act, 8 U.S.C. 1254a (b)(3)(B). 

The Secretary’s determination to 

designate a country for TPS, or to 

extend or terminate such designation, is 

not subject to judicial review. Section 

244(b)(5) of the Act, 8 U.S.C. 

1254a(b)(5)(A). 

Why was El Salvador initially 

designated for TPS? 

On March 9, 2001, the Attorney 

General published a Notice in the 

Federal Register, at 66 FR 14214, 

designating El Salvador for TPS due to 

the devastation caused by a series of 

severe earthquakes that occurred on 

January 13, and February 13 and 17, 

2001. 

When was the TPS designation for El 

Salvador extended? 

The Attorney General and the 

Secretary of Homeland Security have 

extended the designation for El Salvador 

five times on the basis that the 

conditions warranting the March 9, 

2001, designation continued to be met. 

See 67 FR 46000 (July 11, 2002); 68 FR 

42071 (July 16, 2003); 70 FR 1450 

(January 7, 2005); 71 FR 34637 (June 15, 

2006); and 72 FR 46649 (August 21, 

2007). 

Why is the Secretary extending the TPS 

designation for El Salvador through 

September 9, 2010? 

Over the past year, DHS and the 

Department of State have continued to 

review conditions in El Salvador. Based 

on this review, DHS has determined that 

an 18-month extension is warranted 

because there continues to be a 

substantial, but temporary, disruption of 

living conditions in El Salvador 

resulting from the series of earthquakes 

that struck the country in 2001, and 

because El Salvador remains unable, 

temporarily, to adequately handle the 

return of its nationals, as required for 

TPS designations based on significant 

earthquake damage. Section 244(b)(1)(B) 

of the Act; 8 U.S.C. 1254a(b)(1)(B). 

El Salvador has still not completed 

reconstruction of the infrastructure 

damaged by several severe 2001 

earthquakes. Transportation, housing, 

education, and health sectors are still 

suffering from the 2001 earthquakes, the 

lingering effects of which limit El 

Salvador’s ability to absorb a large 

number of potential returnees. The 

Salvadoran government assessed that 

276,594 houses were affected by the 

earthquakes. As of February 2007, 

136,988 houses had been reconstructed 

or repaired, approximately 50 percent of 

the total number destroyed or damaged. 

A housing program funded by the 

European Union was completed in 

March 2007, with a total of 5,482 houses 

constructed. As of June 2008, a housing 

program funded by the Inter-American 

Development Bank (3,500 houses) was 

underway with completion anticipated 

by the middle of 2009. In June 2003, the 

Salvadoran legislature approved 

borrowing $142.6 million for the 

reconstruction of seven hospitals. As of 

June 2008, reconstruction of one of 

seven main hospitals was completed. 

Reconstruction of three others was 

underway with completion anticipated 

by the end of 2008. 

Based upon this review, the Secretary 

has determined, after consultation with 

the appropriate government agencies, 

that the conditions that prompted the 

designation of El Salvador for TPS 

continue to be met. See section 

244(b)(3)(A) of the Act; 8 U.S.C. 

1254a(b)(3)(A). There continues to be a 

substantial, but temporary, disruption in 

living conditions in El Salvador as the 

result of the series of earthquakes that 

struck the country in 2001, and El 

Salvador continues to be unable, 

temporarily, to handle adequately the 

return of its nationals. See section 

244(b)(1)(B) of the Act. On the basis of 

these findings and determinations, the 

Secretary concludes that the designation 

of El Salvador 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). There are 

approximately 229,000 nationals of El 

Salvador (or aliens having no 

nationality who last habitually resided 

in El Salvador) who are eligible for TPS 

under this designation. 

What Actions Should Qualifying Aliens 

Take Pursuant to This Notice? 

To maintain TPS, a national of El 

Salvador (or an alien having no 

nationality who last habitually resided 

in El Salvador) who was granted TPS 

and who has not had TPS withdrawn 

must re-register for TPS during the 90- 

day re-registration period from October 

1, 2008 until December 30, 2008. To reregister, aliens must follow the filing 

procedures set forth in this Notice. An 

addendum to this Notice provides 

instructions on this extension, including 

filing and eligibility requirements for 

TPS and EADs. Information concerning 

the extension of the designation of El 

Salvador for TPS also will be available 

at local USCIS offices upon publication 

of this Notice and on the USCIS Web 

site at http://www.uscis.gov. 

Notice of Extension of the TPS 

Designation of El Salvador 

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 the designation of El Salvador 

for temporary protected status (TPS) on 

March 9, 2001, continue to be met. See 

section 244(b)(3)(A) of the Act, 8 U.S.C. 

1254a(b)(3)(A). Accordingly, I am 

extending the TPS designation of El 

Salvador for 18 months from March 10, 

2009, through September 9, 2010. 

Dated: August 29, 2008. 

Michael Chertoff, 

Secretary. 

Temporary Protected Status Filing 

Requirements 

Do I need to re-register for TPS if I 

currently have benefits through the 

designation of El Salvador for TPS, and 

would like to maintain them? 

Yes. If you already have received TPS 

benefits through the TPS designation of 

El Salvador, your benefits will expire on 

March 9, 2009. All TPS beneficiaries 

must comply with the re-registration 

requirements, and submit any 

associated application fees or 

applications for waivers of the fees, 

described in this Notice in order to 

maintain TPS benefits through 

September 9, 2010. TPS benefits include 

temporary protection against removal 

from the United States and employment 

authorization during the TPS 

designation period. Section 244(a)(1) of 

the Act; 8 U.S.C. 1254a(a)(1). Failure to 

re-register without good cause will 

result in the withdrawal of your 

temporary protected status and possibly 


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your removal from the United States. 

Section 244(c)(3)(C) of the Act; 8 U.S.C. 

1254a(c)(3)(C). 

If I am currently registered for TPS or 

have a pending application for TPS, 

how do I re-register to renew my benefits 

for the duration of the extension period? 

Please submit the proper forms and 

fees according to Tables 1 and 2 below. 

The following are some helpful tips to 

keep in mind when completing your 

application: 

• All applicants are strongly 

encouraged to pay close and careful 

attention when filling out the required 

forms to help ensure that their dates of 

birth, alien registration numbers, 

spelling of their names, and other 

required information is correctly 

entered on the forms. 

• All questions on the required forms 

should be fully and completely 

answered. Failure to fully complete 

each required form may result in a delay 

in processing of your application. 

• Aliens who have previously 

registered for TPS, but whose 

applications remain pending, should 

follow the filing instructions in this 

Notice if they wish to renew their TPS 

benefits. 

• All TPS re-registration applications 

submitted without the required fees will 

be returned to applicants. 

• All fee waiver requests should be 

filed in accordance with 8 CFR 244.20. 

• If you received an EAD during the 

most recent registration period, please 

submit a photocopy of the front and 

back of your EAD. 

TABLE 1—APPLICATION FORMS AND APPLICATION FEES

If And Then 

You are re-registering for TPS .......................... You are applying for an extension of your 

EAD valid through September 9, 2010.

You must complete and file the Form I–765, 

Application for Employment Authorization, 

with the fee of $340 or a fee waiver request. You must also submit Form I–821, 

Application for Temporary Protected Status, 

with no fee. 

You are re-registering for TPS .......................... You are NOT applying for renewal of your 

EAD.

You must complete and file the Form I–765 

with no fee and Form I–821 with no fee. 

Note: DO NOT check any box for the question ‘‘I am applying for’’ listed on Form I– 

765, as you are NOT requesting an EAD 

benefit. 

You are applying for TPS as a late initial registrant (see below) and you are between the 

ages of 14 and 65 (inclusive).

You are applying for a TPS-related EAD ........ You must complete and file Form I–821 with 

the $50 fee or fee waiver request and Form 

I–765 with the fee of $340 or a fee waiver 

request. 

You are applying for TPS as a late initial registrant and are under age 14 or over age 65.You are applying for a TPS-related EAD ........ You must complete and file Form I–821 with 

the $50 fee or fee waiver request. You must 

also submit Form I–765 with no fee. 

You are applying for TPS as a late initial registrant, regardless of age.You are NOT applying for an EAD .................. You must complete and file Form I–821 with 

the $50 fee or fee waiver request and Form 

I–765 with no fee. 

Your previous TPS application is still pending .. You are applying to renew your temporary 

treatment benefits (i.e., an EAD with category ‘‘C–19’’ on its face).

You must complete and file the Form I–765 

with the fee of $340 or a fee waiver request. You must also submit Form I–821, 

with no fee. 

Certain applicants must also submit a 

Biometric Service Fee (See Table 2). 

TABLE 2—BIOMETRIC SERVICE FEE

If And Then 

You are 14 years of age or older ...................... 1. You are re-registering for TPS, or ............... You must submit a Biometric Service fee of 

$80 or a fee waiver request. 

2. You are applying for TPS under the late initial registration provisions, or.

3. Your TPS application is still pending and 

you are applying to renew temporary treatment benefits (i.e., EAD with category ‘‘C– 

19’’ on its face).

You are younger than 14 years of age ............. 1. You are applying for an EAD, or ................. You do NOT need to submit a Biometric Service fee. 

2. You are NOT applying for an EAD.

What editions of Form I–821 and Form 

I–765 should I submit? 

Only versions of Form I–821 dated 

October 17, 2007 (Rev. 10/17/07), or 

later, will be accepted. Only versions of 

Form I–765 dated May 27, 2008 (Rev. 5/ 

27/08), or later, will be accepted. The 

revision date can be found in the bottom 

right corner of the form. The proper 

forms can be found on the Internet at 

http://www.uscis.gov or by calling the 


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USCIS forms hotline at 1–800–870– 

3676. 

Where should I submit my application 

for TPS? 

Please reference Table 3 below to see 

where to mail your specific application. 

TABLE 3—APPLICATION MAILING DIRECTIONS

If Then mail to Or, for courier deliveries, mail to 

You are applying for re-registration or applying 

to renew your temporary treatment benefits.

U.S. Citizenship and Immigration Services, 

Attn: TPS El Salvador, P.O. Box 8635, Chicago, IL 60680–8635.

U.S. Citizenship and Immigration Services, 

Attn: TPS El Salvador, 131 S. Dearborn— 

3rd Floor, Chicago, IL 60603–5517. 

You are applying for the first time as a late initial registrant.U.S. Citizenship and Immigration Services, 

Attn: TPS El Salvador, P.O. Box 8670, Chicago, IL 60680–8670.

U.S. Citizenship and Immigration Services, 

Attn: TPS El Salvador [Additional Documents], 131 S. Dearborn—3rd Floor, Chicago, IL 60603–5517. 

If you were granted TPS by an 

Immigration Judge or the Board of 

Immigration Appeals you must submit 

evidence of the grant of TPS (such as an 

order from the Immigration Judge) with 

your application. In addition, when you 

receive your receipt notice (Form I–797) 

you will need to send an e-mail to 

Tpsijgrant.vsc@dhs.gov that includes 

the following information: 

• Your name; 

• Your date of birth; 

• The receipt number for your reregistration; 

• Your A-number; and 

• The date you were granted TPS. 

Please note that the email address 

provided above is solely for reregistration applicants who were 

granted TPS by Immigration Judges and 

by the Board of Immigration Appeals to 

use to notify USCIS of their grants of 

TPS. 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, 

or applicants may call the USCIS 

National Customer Service Center. 

Can I file my application electronically? 

If you are filing for re-registration and 

do not need to submit supporting 

documentation (see Table 4) with your 

application, you may file your 

application electronically. To file your 

application electronically, follow 

directions on the USCIS Web site at: 

http://www.uscis.gov. 

How will I know if I need to submit 

supporting documentation with my 

application package? 

See Table 4 below to determine if you 

need to submit supporting 

documentation. 

TABLE 4—WHO SHOULD SUBMIT SUPPORTING DOCUMENTATION? 

If Then 

One or more of the questions listed in Part 4, 

Question 2 of Form I–821 applies to you.

You must submit an explanation, on a separate sheet(s) of paper, and/or additional documentation must be provided. 

You were granted TPS by an Immigration Judge 

or the Board of Immigration Appeals.

You must include evidence of the grant of TPS (such as an order from the Immigration Judge) 

with your application package. 

How do I know if I am eligible for late 

initial registration? 

You may be eligible for late initial 

registration under 8 CFR 244.2. In order 

to be eligible for late initial registration, 

you must: 

(1) Be a national of El Salvador (or an 

alien who has no nationality and who 

last habitually resided in El Salvador); 

(2) Have continuously resided in the 

United States since February 13, 2001; 

(3) Have been continuously physically 

present in the United States since March 

9, 2001; and 

(4) Be both admissible as an 

immigrant, except as provided under 

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

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

the Act. 

Additionally, you must be able to 

demonstrate that during the registration 

period for the initial designation of TPS 

(March 9, 2001 to September 9, 2002), 

you: 

(1) Were 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 or change of status pending or 

subject to further review or appeal; 

(3) Were a parolee or had a pending 

request for reparole; or 

(4) Are the spouse or child of an alien 

currently eligible to be a TPS registrant. 

An applicant for late initial 

registration must file an application for 

late registration no later than 60 days 

after the expiration or termination of the 

conditions described above. See 8 CFR 

244.2(g). All late initial registration 

applications for TPS, pursuant to the 

designation of El Salvador, should be 

submitted to the appropriate address 

listed above in Table 3. 

Are certain aliens ineligible for TPS? 

Yes. There are certain criminal and 

terrorism-related inadmissibility 

grounds that render an alien ineligible 

for TPS. See section 244(c)(2)(A)(iii) of 

the Act; 8 U.S.C. 1254a(c)(2)(A)(iii). 

Further, aliens who have been convicted 

of any felony or two or more 

misdemeanors committed in the United 

States are ineligible for TPS under 

section 244(c)(2)(B)(i) of the Act, 8 

U.S.C. 1254a(c)(2)(B)(i), as are aliens 

described in section 208(b)(2)(A) of the 

Act, 8 U.S.C. 1158(b)(2)(A) (describing 

the bars to asylum). See section 

244(c)(2)(B)(ii) of the Act; 8 U.S.C. 

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

If I currently have TPS, can I lose my 

TPS benefits? 

TPS and related benefits will be 

withdrawn if you: 

(1) Are not eligible for TPS, 


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(2) Fail to timely re-register for TPS 

without good cause, or 

(3) Fail to maintain continuous 

physical presence in the United States. 

See sections 244(c)(3)(A)–(C) of the Act; 

8 U.S.C. 1254a(c)(3)(A)–(C). 

Does TPS lead to lawful permanent 

residence status? 

No. TPS is a temporary benefit. 

Having been granted TPS does not, of 

itself, provide an alien with a basis for 

seeking lawful permanent resident 

status. A TPS beneficiary who wants to 

become a lawful permanent resident 

must qualify for this status based on a 

family relationship, employment 

classification, or other generally 

available basis for immigration, and 

must be otherwise admissible as an 

immigrant. The alien may need to go 

abroad to obtain an immigrant visa, if 

the alien is not eligible for adjustment 

of status. If the alien is subject to any 

ground of inadmissibility, the alien 

would need to obtain any necessary 

waiver in order to become a lawful 

permanent resident. 

If I am currently covered under TPS, 

what status will I have if my country’s 

TPS designation is terminated? 

When a country’s TPS designation is 

terminated, you will maintain the same 

immigration status that you held prior 

to obtaining TPS (unless that status has 

since expired or been terminated), or 

any other status you may have acquired 

while registered for TPS. Accordingly, if 

you held no lawful immigration status 

prior to being granted TPS and did not 

obtain any other status during the TPS 

period, you will revert to unlawful 

status upon the termination of the TPS 

designation. Once the Secretary 

determines that a TPS designation 

should be terminated, aliens who had 

TPS under that designation, and who do 

not hold any other lawful immigration 

status, must plan for their departure 

from the United States. 

May I apply for another immigration 

benefit while registered for TPS? 

Yes. Registration for TPS does not 

prevent you from applying for nonimmigrant status, filing for adjustment 

of status based on an immigrant 

petition, or applying for any other 

immigration benefit or protection. 

Section 244(a)(5) of the Act; 8 U.S.C. 

1254a(a)(5). For the purposes of change 

of status and adjustment of status, an 

alien is considered to be in, and 

maintaining, lawful status as a 

nonimmigrant during the period in 

which he or she is granted TPS. See 

section 244(f)(4) of the Act; 8 U.S.C. 

1254a(f)(4). 

However, if an alien has periods of 

time when he or she had no lawful 

immigration status before, or after, the 

alien’s time in TPS, those period(s) of 

unlawful presence may negatively affect 

that alien’s ability to adjust to 

permanent resident status or attain other 

immigration benefits, depending on the 

circumstances of the specific case. See, 

e.g., section 212(a)(9) of the Act; 8 

U.S.C. 1182(a)(9) (unlawful presence 

ground of inadmissibility that is 

triggered by a departure from the United 

States). In some cases, the unlawful 

presence ground of inadmissibility, or 

certain other grounds of inadmissibility, 

may be waived when an alien applies to 

adjust to permanent resident status or 

for another immigration status. 

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. Denial of an 

application for asylum or any other 

immigration benefit does not affect an 

alien’s TPS eligibility, although the 

grounds for denying one form of relief 

may also be grounds for denying TPS. 

For example, a person who has been 

convicted of a particularly serious crime 

is not eligible for asylum or TPS. See 

sections 244(b)(2)(A)(ii) and 

244(c)(2)(B)(ii) of the Act; 8 U.S.C. 

1254a(b)(2)(A)(ii) and 8 U.S.C. 

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

Can nationals of El Salvador (or aliens 

having no nationality who last 

habitually resided in El Salvador) who 

entered the United States after February 

13, 2001, file for TPS? 

No. This extension does not expand 

TPS eligibility to those who are not 

currently eligible. To be eligible for 

benefits under this extension, nationals 

of El Salvador (or aliens having no 

nationality who last habitually resided 

in El Salvador) must have continuously 

resided in the United States since 

February 13, 2001, and have been 

continuously physically present in the 

United States since March 9, 2001. See 

section 244(c)(1) of the Act, 8 U.S.C. 

1254a(c)(1), also 66 FR 14214 (Mar. 9, 

2001). 

What documents should I bring to my 

ASC appointment? 

TPS re-registrants will receive a 

notice in the mail with instructions as 

to whether or not they will be required 

to appear at a USCIS Application 

Support Center (ASC) for biometrics 

collection. To increase efficiency and 

improve customer service, whenever 

possible USCIS will reuse previouslycaptured biometrics and will conduct 

necessary security checks using those 

biometrics, such that you may not be 

required to appear at an ASC. Due to 

systems limitations, it may not be 

possible in every case to reuse 

biometrics. 

However, even if you do not need to 

attend an ASC appointment, you are 

required to pay the separate biometrics 

fee or submit an appropriately 

supported fee waiver request. See 8 CFR 

244.6. This fee will help cover the 

USCIS costs associated with use and 

maintenance of collected biometrics 

(such as fingerprints) for FBI and other 

background checks, identity 

verification, and document production. 

If you are required to report to an 

ASC, you must bring the following 

documents: 

(1) Your receipt notice for your reregistration application; 

(2) Your ASC appointment notice; and 

(3) Your current EAD. 

Failure to appear at an ASC for a 

required ASC appointment will result in 

denial of your case due to abandonment 

unless you submit an address change 

notification (see instructions below) or a 

rescheduling request prior to your 

appointment. 

If no further action is required for 

your case, you will receive a new EAD 

by mail valid through September 9, 

2010. If your case requires further 

resolution, USCIS will contact you in 

writing to explain what additional 

information, if any, is necessary to 

resolve your case. If your application is 

subsequently approved, you will receive 

a new EAD in the mail with an 

expiration date of September 9, 2010. 

What if my address changes after I file 

my re-registration application? 

If your address changes after you file 

your application for re-registration, you 

must complete and submit Form AR–11 

by mail or electronically. The mailing 

address is: U.S. Citizenship and 

Immigration Services, Change of 

Address, P.O. Box 7134, London, KY 

40742–7134. 

Form AR–11 can also be filed 

electronically by following the 

directions on the USCIS Web site at: 

http://www.uscis.gov. To facilitate 

processing your address change on your 

TPS application, you may call the 

USCIS National Customer Service 

Center at 1–800–375–5283 (TTY 1–800– 

767–1833) to request that your address 

be updated on your application. Please 

note that calling the USCIS National 

Customer Service Center does not 

relieve you of your burden to properly 

file a Form AR–11 with USCIS. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 57133 

1As of March 1, 2003, in accordance with section 

1517 of Title XV of the Homeland Security Act of 

2002 (HSA), Public Law No. 107–296, 116 Stat. 

Continued 

Will my current EAD that is set to expire 

on March 9, 2009, automatically be 

extended for six months? 

No. This Notice does not 

automatically extend previously-issued 

EADs. DHS has announced the 

extension of the TPS designation of El 

Salvador and established the reregistration period at an early date to 

allow sufficient time for DHS to process 

EAD requests prior to the March 9, 

2009, expiration date. You must file 

during the 90-day re-registration period. 

Failure to apply during the reregistration period without good cause 

will result in a withdrawal of your TPS 

benefits. DHS strongly encourages you 

to file as early as possible within the reregistration period. 

May I request an interim EAD at my 

local District Office? 

No. USCIS will not issue interim 

EADs to TPS applicants and reregistrants at District Offices. Interim 

EADs may only be issued by the 

Vermont Service Center. 

What documents may a qualified 

individual show to his or her employer 

as proof of employment authorization 

and identity when completing Form I–9? 

After March 9, 2009, a TPS 

beneficiary under TPS for El Salvador 

who has timely re-registered with 

USCIS as directed under this Notice and 

obtained a new EAD may present his or 

her new valid EAD to his or her 

employer as proof of employment 

authorization and identity. Employers 

may not accept previously issued EADs 

that are no longer valid. Individuals 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. Also, employers may call 

the U.S. Department of Justice Office of 

Special Counsel for Immigration Related 

Unfair Employment Practices (OSC) 

Employer Hotline at 1–800–255–8155. 

Additional information is available on the 

OSC Web site at http://www.usdoj.gov/crt/ 

osc/index.html. 

[FR Doc. E8–22979 Filed 9–30–08; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2455–08; DHS Docket No. USCIS– 

2008–0033] 

RIN 1615–ZA72 

Extension of the Designation of 

Honduras for Temporary Protected 

Status 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Notice. 

SUMMARY: This Notice announces that 

the Secretary of Homeland Security has 

extended the designation of Honduras 

for temporary protected status (TPS) for 

18 months, from its current expiration 

date of January 5, 2009 through July 5, 

2010. This Notice also sets forth 

procedures necessary for nationals of 

Honduras (or aliens having no 

nationality who last habitually resided 

in Honduras) with TPS to re-register 

with U.S. Citizenship and Immigration 

Services (USCIS). Unlike the prior 

extension of TPS for Honduras, this 

Notice does not automatically extend 

previously issued employment 

authorization documents (EADs). 

Eligible TPS beneficiaries must apply to 

USCIS for extensions of their EADs, and 

pay the required application fee for such 

extensions, during the 60-day 

registration period. Re-registration is 

limited to persons who have previously 

registered with USCIS for TPS under the 

designation of Honduras and whose 

applications have been granted by or 

remain pending with USCIS. Certain 

nationals of Honduras (or aliens having 

no nationality who last habitually 

resided in Honduras) who have not 

previously applied to USCIS for TPS 

may be eligible to apply under the late 

initial registration provisions. 

DATES: The extension of the TPS 

designation of Honduras is effective 

January 6, 2009, and will remain in 

effect through July 5, 2010. The 60-day 

re-registration period begins October 1, 

2008, and will remain in effect until 

December 1, 2008. To facilitate 

processing of applications, applicants 

are strongly encouraged to file as soon 

as possible after the start of the 60-day 

re-registration period beginning on 

October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Shelly Sweeney, Status and Family 

Branch, Office of Service Center 

Operations, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 20 Massachusetts 

Avenue, NW., 2nd Floor, Washington, 

DC 20529, telephone (202) 272–1533. 

This is not a toll-free call. Further 

information will also be available at 

local USCIS offices upon publication of 

this Notice and on the USCIS Web site 

at http://www.uscis.gov. 

Note: The phone number provided here is 

solely for questions regarding this 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 listed above, or applicants 

may call the USCIS National Customer 

Service Center at 1–800–375–5283 (TTY 1– 

800–767–1833). 

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This 

Document 

Act—Immigration and Nationality Act. 

ASC—USCIS Application Support Center. 

DHS—Department of Homeland Security. 

EAD—Employment Authorization Document. 

HSA—Homeland Security Act of 2002. 

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? 

TPS is an immigration status DHS 

grants to eligible nationals of designated 

countries or part of a designated 

country. During the period for which 

the Secretary of Homeland Security 

(Secretary) has designated a country for 

TPS, TPS beneficiaries are eligible to 

remain in the United States and may 

obtain work authorization. The granting 

of TPS does not lead to permanent 

resident status. When the Secretary 

terminates a country’s TPS designation, 

beneficiaries return to the same 

immigration status they maintained 

before TPS (unless that status had 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 Honduras for TPS? 

Section 244(b)(1) of the Immigration 

and Nationality Act (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


jlentini on PROD1PC65 with NOTICES