[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Pages 57138-57143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22978]


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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.

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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.

[[Page 57139]]

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).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
Title XV of the Homeland Security Act of 2002 (HSA), 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, 
Sec.  1517).
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    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 re-registration 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

[[Page 57140]]

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:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> All TPS re-registration applications submitted without the 
required fees will be returned to applicants.
    <bullet> All fee waiver requests should be filed in accordance with 
8 CFR 244.20.
    <bullet> 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    You must complete
                                   for an extension    and file the Form
                                   of your EAD valid   I-765,
                                   through July 5,     Application for
                                   2010.               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         You must complete
                                   applying for        and file the Form
                                   renewal of your     I-765 with no fee
                                   EAD.                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     You are applying    You must complete
 late initial registrant (see      for a TPS-related   and file Form I-
 below) and you are between the    EAD.                821 with the $50
 ages of 14 and 65 (inclusive).                        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     You are applying    You must complete
 late initial registrant and are   for a TPS-related   and file Form I-
 under age 14 or over age 65.      EAD.                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     You are NOT         You must complete
 late initial registrant,          applying for an     and file Form I-
 regardless of age.                EAD.                821 with the $50
                                                       fee or fee waiver
                                                       request and Form
                                                       I-765 with no
                                                       fee.
Your previous TPS application is  You are applying    You must complete
 still pending.                    to renew your       and file the Form
                                   temporary           I-765 with the
                                   treatment           fee of $340 or a
                                   benefits (i.e.,     fee waiver
                                   an EAD with         request. You must
                                   category ``C-19''   also submit Form
                                   on its face).       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    1. You are re-        You must submit a
 older.                        registering for       Biometric Service
                               TPS, or.              fee of $80 or a fee
                              2. You are applying    waiver request.
                               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       1. You are applying   You do NOT need to
 years of age.                 for an EAD, or.       submit a Biometric
                              2. You are NOT         Service fee.
                               applying for an
                               EAD..
------------------------------------------------------------------------


[[Page 57141]]

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
------------------------------------------------------------------------
                                                       Or, for courier
             If                   Then mail to       deliveries, mail to
------------------------------------------------------------------------
You are applying for re-      U.S. Citizenship and  U.S. Citizenship and
 registration or applying to   Immigration           Immigration
 renew your temporary          Services, Attn: TPS   Services, Attn: TPS
 treatment benefits.           Nicaragua, P.O. Box   Nicaragua, 131 S.
                               6943, Chicago, IL     Dearborn--3rd
                               60680-6943.           Floor, Chicago, IL
                                                     60603-5517.
You are applying for the      U.S. Citizenship and  U.S. Citizenship and
 first time as a late          Immigration           Immigration
 initial registrant.           Services, Attn: TPS   Services, Attn: TPS
                               Nicaragua, P.O. Box   Nicaragua,
                               8631, Chicago, IL     [Additional
                               60680-8631.           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 <a href="/cdn-cgi/l/email-protection#db8faba8b2b1bca9bab5aff5ada8b89bbfb3a8f5bcb4ad"><span class="__cf_email__" data-cfemail="520622213b383520333c267c24213112363a217c353d24">[email protected]</span></a> that includes the 
following information:
    <bullet> Your name;
    <bullet> Your date of birth;
    <bullet> The receipt number for your re-registration;
    <bullet> Your A-number; and
    <bullet> The date you were granted TPS.
    Please note that the e-mail address provided above is solely for 
re-registration 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  You must submit an explanation, on
 in Part 4, Question 2 of Form I-     a separate sheet(s) of paper, and/
 821 applies to you.                  or additional documentation must
                                      be provided.
You were granted TPS by an           You must include evidence of the
 Immigration Judge or the Board of    grant of TPS (such as an order
 Immigration Appeals.                 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

[[Page 57142]]

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 
non-immigrant 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 previously-captured 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 re-registration 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

[[Page 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 re-
registrants 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


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