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that are no longer valid.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


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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 

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 244(b)(3)(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 Honduras initially designated 

for TPS? 

On January 5, 1999, the Attorney 

General published a Notice in the 

Federal Register, at 64 FR 524, 

designating Honduras for TPS due to the 

devastation resulting from Hurricane 

Mitch. 

When was the TPS designation for 

Honduras extended? 

The Attorney General and the 

Secretary of Homeland Security have 

extended the designation for Honduras 

seven times on the basis that the 

conditions warranting the January 5, 

1999, designation continued to be met. 

See 65 FR 30438 (May 11, 2000); 66 FR 

23269 (May 8, 2001); 67 FR 22451 (May 

3, 2002); 68 FR 23744 (May 5, 2003); 69 

FR 64084 (November 3, 2004); 71 FR 

16328 (March 31, 2006); 72 FR 29529 

(May 29, 2007). 

Why is the Secretary extending the TPS 

designation for Honduras through July 

5, 2010? 

On June 23, 2008, the government of 

Honduras requested an extension of the 

TPS designation of Honduras. Over the 

past year, DHS and the Department of 

State have continued to review 

conditions in Honduras. 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 Honduras resulting from 

Hurricane Mitch, and Honduras remains 

unable, temporarily, to adequately 

handle the return of its nationals, as 

required for TPS designations based on 

this environmental disaster. Section 

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

1254a(b)(1)(B). 

It is estimated that Hurricane Mitch 

destroyed from 80,000 to over 200,000 

dwellings in Honduras. By 2004, the 

United States Agency for International 

Development had completed 

construction of 6,100 permanent 

housing units to replace those destroyed 

by the hurricane. By 2005, 

nongovernmental organizations had 

repaired or built over 15,000 housing 

units. However, much of this housing 

still lacks water and electricity. The 

Honduran government said in May 2006 

that more than 600,000 Hondurans live 

in areas that are at high risk of flooding. 

As of June 2008, the European Union’s 

Regional Program for the Reconstruction 

of Central America (PRRAC) housing 

rehabilitation program is nearing 

completion. The PRRAC program for 

water projects costing $30 million is 

also nearing completion. However, the 

drinking water systems and supplies of 

many Honduran communities still 

remain contaminated. 

Based upon this review, the Secretary 

has determined, after consultation with 

the appropriate government agencies, 

that the conditions that prompted the 

designation of Honduras 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 Honduras as the 

result of an environmental disaster, and 

Honduras continues to be unable, 

temporarily, to adequately handle 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 Honduras 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 

70,000 nationals of Honduras (or aliens 

having no nationality who last 

habitually resided in Honduras) who are 

eligible for TPS under this extended 

designation. 

What actions should qualifying aliens 

take pursuant to this notice? 

To maintain TPS, a national of 

Honduras (or an alien having no 

nationality who last habitually resided 

in Honduras) who was granted TPS and 

who has not had TPS withdrawn must 

re-register for TPS during the 60-day reregistration period from October 1, 2008 

until December 1, 2008. To re-register, 

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 

Honduras 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 Honduras 

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 Honduras 

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). Accordingly, I am 

extending the TPS designation of 

Honduras for 18 months from January 6, 

2009, through July 5, 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 Honduras for TPS, and 

would like to maintain them? 

Yes. If you already have received TPS 

benefits through the TPS designation of 

Honduras, your benefits will expire on 

January 5, 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 July 5, 

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 July 5, 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 

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 must submit a Biometric Service fee of 

$80 or a fee waiver request. 

You are younger than 14 years of age ............. 1. You are applying for an EAD, or 

2. You are NOT applying for an EAD. 

You do NOT need to submit a Biometric Service fee. 

What edition of the 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 each form. The proper 

forms can be found on the Internet at 

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

USCIS forms hotline at 1–800–870– 

3676. 


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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 Honduras, P.O. Box 6943, Chicago, IL 60680–6943.

U.S. Citizenship and Immigration Services, 

Attn: TPS Honduras, 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 Honduras, P.O. Box 8631, Chicago, IL 60680–8631.

U.S. Citizenship and Immigration Services, 

Attn: TPS Honduras [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 e-mail 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 can 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 

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 Honduras (or an 

alien who has no nationality and who 

last habitually resided in Honduras); 

(2) Have continuously resided in the 

United States since December 30, 1998; 

(3) Have been continuously physically 

present in the United States since 

January 5, 1999; 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 

(January 5, 1999 to August 20, 1999), 

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 

applicable condition(s) described above. 

See 8 CFR 244.2(g). All late initial 

registration applications for TPS, 

pursuant to the designation of 

Honduras, 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 

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, if any, 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, each 

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 

your 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 Honduras (or aliens 

having no nationality who last 

habitually resided in Honduras) who 

entered the United States after 

December 30, 1998, 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 Honduras (or aliens having no 

nationality who last habitually resided 

in Honduras) must have continuously 

resided in the United States since 

December 30, 1998, and have been 

continuously physically present in the 

United States since January 5, 1999. See 

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

1254a(c)(1), also 64 FR 524 (January 5, 

1999). 

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 July 5, 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 

July 5, 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 


jlentini on PROD1PC65 with NOTICES
57138 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 

relieve you of your burden to properly 

file a Form AR–11 with USCIS. 

Will my current EAD that is set to expire 

on January 5, 2009, automatically be 

extended for six months? 

No. This Notice does not 

automatically extend previously-issued 

EADs. DHS is announcing the extension 

of the TPS designation of Honduras and 

establishing the re-registration period at 

an early date to allow sufficient time for 

DHS to process EAD requests prior to 

the current January 5, 2009 EAD 

expiration date. You must file both your 

Form I–821 and Form I–765 during the 

60-day re-registration period. Failure to 

apply during the re-registration 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 re-registration 

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 I show to my 

employer as proof of employment 

authorization and identity when 

completing Form I–9? 

After January 5, 2009, a TPS 

beneficiary under TPS for Honduras 

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. E8–22972 Filed 9–30–08; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2454–08; DHS Docket No. USCIS– 

2008–0032] 

RIN 1615–ZA71 

Extension of the Designation of 

Nicaragua for Temporary Protected 

Status 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS (DHS). 

ACTION: Notice. 

SUMMARY: This Notice announces that 

the Secretary of Homeland Security has 

extended the designation of Nicaragua 

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 

Nicaragua (or aliens having no 

nationality who last habitually resided 

in Nicaragua) with TPS to re-register 

with U.S. Citizenship and Immigration 

Services (USCIS). Unlike the prior 

extension of TPS for Nicaragua, 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 Nicaragua and whose 

applications have been granted by or 

remain pending with USCIS. Certain 

nationals of Nicaragua (or aliens having 

no nationality who last habitually 

resided in Nicaragua) who have not 

previously applied for TPS with USCIS 

may be eligible to apply under the late 

initial registration provisions. 

DATES: The extension of the TPS 

designation of Nicaragua 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. 

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 Nicaragua for TPS? 

Section 244(b)(1) of the Immigration 

and Nationality Act (Act), 8 U.S.C. 


jlentini on PROD1PC65 with NOTICES