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that are no longer valid.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. 


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

1517 of Title XV of the Homeland Security Act of 

2002 (HSA), Pub. L. 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 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). 

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

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 Nicaragua initially designated 

for TPS? 

On January 5, 1999, the Attorney 

General published a Notice in the 

Federal Register, at 64 FR 526, 

designating Nicaragua for TPS due to 

the devastation resulting from Hurricane 

Mitch. 

When was the TPS designation for 

Nicaragua extended? 

The Attorney General and the 

Secretary of Homeland Security have 

extended the designation for Nicaragua 

seven times on the basis that the 

conditions warranting the January 5, 

1999, designation continued to be met. 

See 65 FR 30440 (May 11, 2000); 66 FR 

23271 (May 8, 2001); 67 FR 22454 (May 

3, 2002); 68 FR 23748 (May 5, 2003); 69 

FR 64088 (November 3, 2004); 71 FR 

16333 (March 31, 2006); 72 FR 29534 

(May 29, 2007). 

Why is the Secretary extending the TPS 

designation for Nicaragua through July 

5, 2010? 

Over the past year, DHS and the 

Department of State have continued to 

review conditions in Nicaragua. 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 Nicaragua resulting 

from Hurricane Mitch and Nicaragua 

remains unable, temporarily, to 

adequately handle the return of its 

nationals, as required for TPS 

designations based on environmental 

disasters. Section 244(b)(1)(B) of the 

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

It is estimated that Hurricane Mitch 

destroyed or disabled 70 percent of the 

roads in Nicaragua, severely damaging 

71 bridges and over 1,700 miles of 

highway. While the Pan-American 

highway has been repaired, most 

secondary roads have not. Temporary 

structures were never replaced and have 

deteriorated, and roads and other 

infrastructure that were damaged by the 

hurricane have been poorly rebuilt or 

not rebuilt at all. As of November 2007, 

Nueva Vida, a resettlement community 

of 15,000 people left destitute by 

Hurricane Mitch, faced an 

unemployment rate of approximately 90 

percent. Furthermore, two of the five 

projects funded by the Inter-American 

Development Bank for post-Mitch 

reconstruction still awaited completion 

as of May 2008, including one project 

implementing sanitation measures at 

Lake Managua. 

Additionally, since Hurricane Mitch, 

Nicaragua has been beset by other 

economic crises and natural disasters. 

Hurricane Felix devastated the Northern 

Atlantic Autonomous Region and 

affected neighboring departments of 

Nueva Segovia and Jinotega in 

September 2007. Hurricane Felix 

destroyed more than 20,450 homes 

along with 100 schools, clinics, 

community centers, and churches, 

killed more than 130 people, and caused 

an economic loss of approximately $500 

million. Tropical Depression Alma of 

late May 2008 exacerbated the damage 

caused by Hurricanes Felix and Mitch. 

Based upon this review, the Secretary 

has determined, after consultation with 

the appropriate government agencies, 

that the conditions that prompted the 

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). There continues to be a 

substantial, but temporary, disruption in 

living conditions in Nicaragua as the 

result of an environmental disaster, and 

Nicaragua 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 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). There are 

approximately 3,500 nationals of 

Nicaragua (or aliens having no 

nationality who last habitually resided 

in Nicaragua) who are eligible for TPS 

under this designation. 

What actions should qualifying aliens 

take pursuant to this notice? 

To maintain TPS, a national of 

Nicaragua (or an alien having no 

nationality who last habitually resided 

in Nicaragua) 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 

Nicaragua 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 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 the 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). Accordingly, I am 

extending the TPS designation of 

Nicaragua 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 Nicaragua for TPS, and 

would like to maintain them? 

Yes. If you already have received TPS 

benefits through the TPS designation of 

Nicaragua, your benefits will expire on 

January 5, 2009. All TPS beneficiaries 


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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 

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 

You must submit a Biometric Service fee of 

$80 or a fee waiver request. 

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 .................

2. You are NOT applying for an EAD. 

You do NOT need to submit a Biometric Service fee. 


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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 the 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. 

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

U.S. Citizenship and Immigration Services, 

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

U.S. Citizenship and Immigration Services, 

Attn: TPS Nicaragua, [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 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 Nicaragua (or an 

alien who has no nationality and who 

last habitually resided in Nicaragua); 

(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 

conditions described above. See 8 CFR 

244.2(g). All late initial registration 

applications for TPS, pursuant to the 

designation of Nicaragua, 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 


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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, 

(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 

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 Nicaragua (or aliens 

having no nationality who last 

habitually resided in Nicaragua) 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 Nicaragua (or aliens having no 

nationality who last habitually resided 

in Nicaragua) 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 526 (Jan. 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 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Notices 57143 

processing of 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. 

Will my current EAD which 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 Nicaragua 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 Nicaragua 

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. E8–22978 Filed 9–30–08; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R7–R–2008–N0221; 70133–1265– 

0000–S3] 

Selawik National Wildlife Refuge, 

Kotzebue, AK 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of intent to revise the 

comprehensive conservation plan and 

prepare an environmental assessment; 

request for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), intend to 

prepare a revised Comprehensive 

Conservation Plan (CCP) and 

environmental assessment (EA) for 

Selawik National Wildlife Refuge 

(Selawik Refuge, Refuge). We furnish 

this notice in compliance with our CCP 

policy to advise other agencies, Tribes, 

and the public of our intentions, and to 

obtain suggestions and information on 

the scope of issues to consider in the 

planning process. We will use local 

announcements, special mailings, 

newspaper articles, the Internet, and 

other media announcements to inform 

people of opportunities to provide input 

throughout the planning process. We 

will hold public meetings in 

communities within and near Selawik 

Refuge during preparation of the revised 

plan. 

DATES: Please provide written comments 

on the scope of the CCP revision and 

planning process by January 15, 2009. 

ADDRESSES: Address comments, 

questions, and requests for further 

information to: 

Agency Web Site: For more 

information visit http://alaska.fws.gov/ 

nwr/planning/spol.htm. 

E-mail: Selawik_planning@fws.gov. 

Please include ‘‘Selawik Refuge Revised 

CCP’’ in the subject line of the message. 

Mail: Jeffrey Brooks, Planning Team 

Leader, U.S. Fish and Wildlife Service, 

1011 E. Tudor Road, MS 231, 

Anchorage, AK 99503–6199. 

Fax: Comments may be faxed to (907) 

786–3965. 

In-Person: Call (907) 786–3357 to 

make an appointment during regular 

business hours at the USFWS Regional 

Office, 1011 E. Tudor Road, Anchorage, 

AK 99503 or call (907) 442–3799 to 

make an appointment during regular 

business hours at Selawik Refuge 

Headquarters, Kotzebue, AK 99752. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Brooks, Planning Team Leader, 

(907) 786–3839 or 

Selawik_planning@fws.gov. 

SUPPLEMENTARY INFORMATION: With this 

notice, we initiate our process for 

developing a revised CCP for the 

Selawik Refuge, Alaska. We furnish this 

notice in compliance with our policy to 

(1) advise other Federal and State 

agencies, Tribes, and the public of our 

intention to conduct detailed planning 

on this refuge and (2) obtain suggestions 

and information on the scope of issues 

to be considered in the EA and during 

the development of the CCP. 

Background 

We are required to develop a CCP for 

each national wildlife refuge in Alaska 

according to direction provided in the 

Alaska National Interest Lands 

Conservation Act (ANILCA) (94 Stat. 

2371) and the National Wildlife Refuge 

System Improvement Act of 1997 (16 

U.S.C. 668dd–668ee), which amended 

the National Wildlife Refuge System 

Administration Act of 1966. The 

purpose in developing a CCP is to 

provide refuge managers with long-term 

guidance for achieving refuge purposes 

and contributing to the mission of the 

National Wildlife Refuge System. CCPs 

are prepared in a manner consistent 

with sound principles of fish and 

wildlife management and conservation, 

visitor management principles, legal 

mandates, and Service policies. CCPs 

outline broad management direction for 

conservation of wildlife habitats, 

subsistence activities, and identification 

and management of wildlife-oriented 

recreation opportunities including, 

hunting, fishing, wildlife observation 

and photography, and environmental 

education and interpretation. We will 

review and update the CCP at least 

every 15 years in accordance with the 

Refuge Improvement Act and the 

National Environmental Policy Act 

(NEPA) (42 U.S.C. 4321 et seq.). 

Each unit of the National Wildlife 

Refuge System was established for 

specific purposes. These purposes guide 

us as we develop and prioritize 

management goals and objectives within 

the National Wildlife Refuge System 

mission, and as we decide which types 

of visitor services and public uses will 

occur on refuges. The planning process 

used to develop CCPs allows the Service 

and the public to evaluate management 


jlentini on PROD1PC65 with NOTICES