[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Notices]
[Pages 62170-62176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24559]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2543-14; DHS Docket No. USCIS-2014-0007]
RIN 1615-ZB28


Extension of the Designation of Honduras for Temporary Protected 
Status

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

ACTION: Notice.

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[[Page 62171]]

SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) is 
extending the designation of Honduras for Temporary Protected Status 
(TPS) for 18 months from January 6, 2015 through July 5, 2016.
    The extension allows currently eligible TPS beneficiaries to retain 
TPS through July 5, 2016, so long as they otherwise continue to meet 
the eligibility requirements for TPS. The Secretary has determined that 
an extension is warranted because the conditions in Honduras that 
prompted the TPS designation continue to be met. There continues to be 
a substantial, but temporary, disruption of living conditions in 
Honduras resulting from Hurricane Mitch, and Honduras remains unable, 
temporarily, to handle adequately the return of its nationals.
    Through this Notice, DHS also sets forth procedures necessary for 
nationals of Honduras (or aliens having no nationality who last 
habitually resided in Honduras) to re-register for TPS and to apply for 
renewal of their Employment Authorization Documents (EADs) with U.S. 
Citizenship and Immigration Services (USCIS). Re-registration is 
limited to persons who have previously registered for TPS under the 
designation of Honduras and whose applications have been granted. 
Certain nationals of Honduras (or aliens having no nationality who last 
habitually resided in Honduras) who have not previously applied for TPS 
may be eligible to apply under the late initial registration 
provisions, if they meet: (1) At least one of the late initial filing 
criteria; and, (2) all TPS eligibility criteria (including continuous 
residence in the United States since December 30, 1998, and continuous 
physical presence in the United States since January 5, 1999).
    For individuals who have already been granted TPS under the 
Honduras designation, the 60-day re-registration period runs from 
October 16, 2014 through December 15, 2014. USCIS will issue new EADs 
with a July 5, 2016 expiration date to eligible Honduras TPS 
beneficiaries who timely re-register and apply for EADs under this 
extension. Given the timeframes involved with processing TPS re-
registration applications, DHS recognizes that not all re-registrants 
will receive new EADs before their current EADs expire on January 5, 
2015. Accordingly, through this Notice, DHS automatically extends the 
validity of EADs issued under the TPS designation of Honduras for 6 
months, through July 5, 2015, and explains how TPS beneficiaries and 
their employers may determine which EADs are automatically extended and 
their impact on Employment Eligibility Verification (Form I-9) and the 
E-Verify processes.

DATES: The 18-month extension of the TPS designation of Honduras is 
effective January 6, 2015, and will remain in effect through July 5, 
2016. The 60-day re-registration period runs from October 16, 2014 
through December 15, 2014. (Note: It is important for re-registrants to 
timely re-register during this 60-day re-registration period, and not 
to wait until their EADs expire.)

FOR FURTHER INFORMATION CONTACT: 
    <bullet> For further information on TPS, including guidance on the 
application process and additional information on eligibility, please 
visit the USCIS TPS Web page at http://www.uscis.gov/tps.
    You can find specific information about this extension of Honduras 
for TPS by selecting ``TPS Designated Country: Honduras'' from the menu 
on the left of the TPS Web page.
    <bullet> You can also contact the TPS Operations Program Manager at 
the Family and Status Branch, Service Center Operations Directorate, 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by 
phone at (202) 272-1533 (this is not a toll-free number). Note: The 
phone number provided here is solely for questions regarding this TPS 
Notice. It is not for individual case status inquires.
    <bullet> Applicants seeking information about the status of their 
individual cases can check Case Status Online, available at the USCIS 
Web site at http://www.uscis.gov, or call the USCIS National Customer 
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available 
in English and Spanish.
    <bullet> Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services

What is temporary protected status (TPS)?

    <bullet> TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the Immigration and 
Nationality Act (INA), or to persons without nationality who last 
habitually resided in the designated country.
    <bullet> During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and may 
obtain work authorization, so long as they continue to meet the 
requirements of TPS.
    <bullet> TPS beneficiaries may also be granted travel authorization 
as a matter of discretion.
    <bullet> The granting of TPS does not result in or lead to 
permanent resident status.
    <bullet> When the Secretary terminates a country's TPS designation, 
beneficiaries return to the same immigration status they maintained 
before TPS, if any (unless that status has since expired or been 
terminated), or to any other lawfully obtained immigration status they 
received while registered for TPS.

When was Honduras designated for TPS?

    On January 5, 1999, the Attorney General designated Honduras for 
TPS based on an environmental disaster within that country, 
specifically the devastation resulting from Hurricane Mitch. See 
Designation of Honduras Under Temporary Protected Status, 64 FR 524 
(Jan. 5, 1999). The Secretary last announced the extension of the 
Honduras TPS designation on April 3, 2013 based on the determination 
that the conditions warranting the designation continued to be met. See 
Extension of the Designation of Honduras for Temporary Protected 
Status, 78 FR 20123 (Apr. 3, 2013). This announcement is the twelfth 
extension of TPS for Honduras since the original designation in 1999.

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

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate U.S. Government 
(Government) agencies, to designate a foreign state (or part thereof) 
for TPS if the Secretary finds that

[[Page 62172]]

certain country conditions exist.\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). See INA section 
244(a)(1)(A), 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, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to DHS ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security 
Act of 2002, tit. XV, section 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in a 
foreign state designated for TPS to determine whether the conditions 
for the TPS designation continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that 
a foreign state continues to meet the conditions for TPS designation, 
the designation may be extended for an additional period of 6, 12, or 
18 months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If 
the Secretary determines that the foreign state no longer meets the 
conditions for TPS designation, the Secretary must terminate the 
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).

Why is the Secretary extending the TPS designation for Honduras through 
July 5, 2016?

    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in Honduras. Based on this review and 
after consulting with DOS, the Secretary has determined that an 18-
month extension is warranted because the disruption in living 
conditions in affected areas of Honduras resulting from the 
environmental disaster that prompted the January 5, 1999 designation 
persists.
    Hurricane Mitch devastated Honduras in October 1998, killing 5,657 
people and injuring 12,272 people. Hurricane Mitch destroyed tens of 
thousands of homes and a large portion of Honduras's infrastructure, as 
well as causing outbreaks of disease. All 18 of Honduras's departments 
suffered damage from the storm. The effects of Hurricane Mitch are 
still being felt in Honduras, causing continued disruption of living 
conditions.
    Natural disasters have occurred frequently since Hurricane Mitch in 
1998. Over the last 5 years, Honduras has continued to suffer a series 
of environmental events that have significantly impeded economic 
development and recovery, compounding the disruption in living 
conditions caused by Hurricane Mitch. In 2014, Honduras is experiencing 
a drought that has caused crop failures and shortages of staple food 
items, contributing to food insecurity, similar to a drought 
experienced in 2012. In 2013, 25 percent of the country's coffee crops 
were affected by climate-related rust fungus, which resulted in a 
significant reduction in producer incomes and employment opportunities 
in rural areas. In 2011, flooding killed 29 people and affected nearly 
70,000 others across the country, and caused severe damage to 
infrastructure, housing, and agricultural crops, including the 
destruction of more than 60 percent of basic grain plantings in some 
southern areas of the country. In 2010, Tropical Storm Agatha killed 14 
people and damaged nearly 1,000 houses, 44 roads, and 25 bridges. In 
2009, a strong earthquake damaged houses, buildings, roads, bridges, 
and water systems. Globally, Honduras is considered to be among the 
countries that are the most vulnerable to natural disasters, including 
those related to extreme weather events. Although recovery efforts have 
been implemented, the United Nations Development Programme states that 
Mitch economically and socially set-back Honduras by twenty years. 
Consequently, reconstruction efforts in Honduras are ongoing.
    Estimates of damaged or destroyed dwellings and the resulting 
homelessness vary. Local government and non-governmental organization 
figures indicate the destruction of homes by Hurricane Mitch ranges 
between approximately 35,000 and 66,000. Reports also indicate that 
between 44,150 and 285,000 individuals were left homeless as a result 
of Hurricane Mitch. Housing losses were estimated at $344 million, with 
repairs and reconstruction expected to cost $485 million due to 
inflation. People who were internally relocated reportedly lacked 
employment opportunities and access to health and educational services.
    Hurricane Mitch destroyed an estimated 60 to 70 percent of 
transportation infrastructure, including as many as 189 bridges. It is 
estimated that over 11 kilometers of bridges were partially or 
completely destroyed. In May 2009, the World Bank approved a $25-
million loan for road rehabilitation and improvement, a project that 
remained active as of April 2014.
    In 2011, the Economic Commission for Latin America and the 
Caribbean estimated that Honduras sustained approximately $205 million 
in material losses as a result of floods and landslides, which most 
heavily affected houses, agriculture, and infrastructure in southern 
Honduras. The floods resulted in damages to the shrimp business, the 
main industry along the Pacific region, and losses to the melon and 
cantaloupe crop in Valle and Choluteca, where most large export 
plantations are located. The Economic Commission for Latin America and 
the Caribbean (ECLAC) estimates that in 2011 Honduras sustained 
approximately US$205 million in material losses as a result of floods 
and landslides, which most heavily affected houses, agriculture, and 
infrastructure in southern Honduras. For example, the floods resulted 
in damages to the shrimp business, the main industry along the Pacific 
region, and losses to the first melon and cantaloupe crop cycle in 
Valle and Choluteca, where most large export plantations are located. 
Landslides and floods caused by Hurricane Mitch damaged both the 
potable water distribution systems and sewage treatment facilities in 
urban and rural Honduras. This posed serious health risks to the 
population. The international community funds water and sanitation 
projects, such as a 2007 World Bank project for a $35-million loan for 
water supply and sanitation services improvement projects. The projects 
are scheduled to be completed in December 2016.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds that:
    <bullet> The conditions that prompted the January 5, 1999 
designation of Honduras for TPS continue to be met. See INA sections 
244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
    <bullet> There continues to be a substantial, but temporary, 
disruption in living conditions in Honduras as a result of an 
environmental disaster. See INA section 244(b)(1)(B), 8 U.S.C. 
1254a(b)(1)(B),
    <bullet> Honduras continues to be unable, temporarily, to handle 
adequately the return of its nationals (or aliens having no nationality 
who last habitually resided in Honduras). See section 244(b)(1)(B) of 
the Act, 8 U.S.C. 1254a(b)(1)(B).
    <bullet> The designation of Honduras for TPS should be extended for 
an additional 18-month period from January 6, 2015 through July 5, 
2016.

[[Page 62173]]

See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
    <bullet> There are approximately 61,000 current Honduras TPS 
beneficiaries who are expected to file for re-registration and may be 
eligible to retain their TPS under the extension.

Notice of Extension of the TPS Designation of Honduras

    By the authority vested in me as Secretary under INA section 244, 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 TPS in 1999 continue to be met. See INA 
section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this 
determination, I am extending the existing TPS designation of Honduras 
for 18 months from January 6, 2015 through July 5, 2016. See INA 
section 244(b)(2) and (b)(3), 8 U.S.C. 1254a(b)(2) and (b)(3).

Jeh Charles Johnson,
Secretary.

Required Application Forms and Application Fees To Register or Re-
Register for TPS

    To register or re-register for TPS for Honduras, an applicant must 
submit each of the following two applications:
    1. Application for Temporary Protected Status (Form I-821).
    <bullet> If you are filing an application for late initial 
registration, you must pay the fee for the Application for Temporary 
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and 
information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
    <bullet> If you are filing an application for re-registration, you 
do not need to pay the fee for the Application for Temporary Protected 
Status (Form I-821). See 8 CFR 244.17.

and

    2. Application for Employment Authorization (Form I-765).
    <bullet> If you are applying for late initial registration and want 
an EAD, you must pay the fee for the Application for Employment 
Authorization (Form I-765) only if you are age 14 through 65. No fee 
for the Application for Employment Authorization (Form I-765) is 
required if you are under the age of 14 or are 66 and older and 
applying for late initial registration.
    <bullet> If you are applying for re-registration, you must pay the 
fee for the Application for Employment Authorization (Form I-765) only 
if you want an EAD, regardless of age.
    <bullet> You do not pay the fee for the Application for Employment 
Authorization (Form I-765) if you are not requesting an EAD, regardless 
of whether you are applying for late initial registration or re-
registration.
    You must submit both completed application forms together. If you 
are unable to pay for the Application for Employment Authorization 
(Form I-765) and/or biometrics fee, you may apply for a fee waiver by 
completing a Request for Fee Waiver (Form I-912) or submitting a 
personal letter requesting a fee waiver, and by providing satisfactory 
supporting documentation. For more information on the application forms 
and fees for TPS, please visit the USCIS TPS Web page at http://www.uscis.gov/tps. Fees for the Application for Temporary Protected 
Status (Form I-821), the Application for Employment Authorization (Form 
I-765), and biometric services are also described in 8 CFR 
103.7(b)(1)(i).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age or older. Those applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay for the 
biometric services fee, you may apply for a fee waiver by completing a 
Request for Fee Waiver (Form I-912) or by submitting a personal letter 
requesting a fee waiver, and providing satisfactory supporting 
documentation. For more information on the biometric services fee, 
please visit the USCIS Web site at http://www.uscis.gov. If necessary, 
you may be required to visit an Application Support Center to have your 
biometrics captured.

Re-Filing a Re-Registration TPS Application After Receiving a Denial of 
a Fee Waiver Request

    USCIS urges all re-registering applicants to file as soon as 
possible within the 60-day re-registration period so that USCIS can 
process the applications and issue EADs promptly. Filing early will 
also allow those applicants who may receive denials of their fee waiver 
requests to have time to re-file their applications before the re-
registration deadline. If, however, an applicant receives a denial of 
his or her fee waiver request and is unable to re-file by the re-
registration deadline, the applicant may still re-file his or her 
application. This situation will be reviewed to determine whether the 
applicant has established good cause for late re-registration. However, 
applicants are urged to re-file within 45 days of the date on their 
USCIS fee waiver denial notice, if at all possible. See INA section 
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more 
information on good cause for late re-registration, visit the USCIS TPS 
Web page at http://www.uscis.gov/tps. Note: As previously stated, 
although a re-registering TPS beneficiary age 14 and older must pay the 
biometric services fee (but not the initial TPS application fee) when 
filing a TPS re-registration application, the applicant may decide to 
wait to request an EAD, and therefore not pay the Application for 
Employment Authorization (Form I-765) fee, until after USCIS has 
approved the individual's TPS re-registration, if he or she is 
eligible. If you choose to do this, you would file the Application for 
Temporary Protected Status (Form I-821) with the fee and the 
Application for Employment Authorization (Form I-765) without the fee 
and without requesting an EAD.

Mailing Information

    Mail your application for TPS to the proper address in Table 1.

                       Table 1--Mailing Addresses
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                If . . .                          Mail to . . .
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You are re-registering for TPS through   U.S. Citizenship and
 the U.S. Postal Service.                 Immigration Services; Attn:
                                          TPS Honduras; P.O. Box 6943;
                                          Chicago, IL 60680-6943.
or
You were granted TPS by an Immigration
 Judge (IJ) or the Board of Immigration
 Appeals (BIA), and you wish to request
 an EAD,
or
You are re-registering for the first
 time following a grant of TPS by an IJ
 or BIA and you are mailing through the
 U.S. Postal Service

[[Page 62174]]

 
You are registering late for the first   U.S. Citizenship and
 time with a late initial filing          Immigration Services; Attn:
 through the U.S. Postal Service.         TPS Honduras; P.O. Box 6943;
                                          Chicago, IL 60680-6943.
You would like to send your application  U.S. Citizenship and
 using a non-U.S. Postal Service          Immigration Services; Attn:
 delivery service (for re-registrations   TPS Honduras; 131 S. Dearborn--
 AND late initial filings).               3rd Floor; Chicago, IL 60603-
                                          5517.
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    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA), and you wish to request an EAD, or are 
re-registering for the first time following a grant of TPS by an IJ or 
the BIA, please mail your application to the appropriate address in 
Table 1. Upon receiving a Notice of Action (Form I-797) from USCIS, 
please send an email to the appropriate USCIS Service Center handling 
your application providing the receipt number and stating that you 
submitted a re-registration and/or request for an EAD based on an IJ/
BIA grant of TPS. If your USCIS receipt number begins with the letters 
``LIN,'' please email the Nebraska Service Center at 
<a href="/cdn-cgi/l/email-protection#86d2d6d5efece1f4e7e8f2a8e8f5e5c6f3f5e5eff5a8e2eef5a8e1e9f0"><span class="__cf_email__" data-cfemail="80d4d0d3e9eae7f2e1eef4aeeef3e3c0f5f3e3e9f3aee4e8f3aee7eff6">[email protected]</span></a>. If your USCIS receipt number begins with 
the letters ``WAC,'' please email the California Service Center at 
<a href="/cdn-cgi/l/email-protection#ecb8bcbf85868b9e8d8298c28f9f8fac999f8f859fc288849fc28b839a"><span class="__cf_email__" data-cfemail="540004073d3e3326353a207a372737142127373d277a303c277a333b22">[email protected]</span></a>. You can find detailed information on what 
further information you need to email and the email addresses on the 
USCIS TPS Web page at http://www.uscis.gov/tps.

E-Filing

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

Employment Authorization Document (EAD)

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

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

Am I eligible to receive an automatic 6-month extension of my current 
EAD through July 5, 2015?

    Provided that you currently have TPS under the Honduras 
designation, this notice automatically extends your EAD by 6 months if 
you:
    <bullet> Are a national of Honduras (or an alien having no 
nationality who last habitually resided in Honduras);
    <bullet> Received an EAD under the last extension of TPS for 
Honduras; and
    <bullet> Have an EAD with a marked expiration date of January 5, 
2015, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category.''
    Although this Notice automatically extends your EAD through July 5, 
2015, you must re-register timely for TPS in accordance with the 
procedures described in this Notice if you would like to maintain your 
TPS.

When hired, what documentation may I show to my employer as proof of 
employment authorization and identity when completing Employment 
Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Employment Eligibility Verification (Form 
I-9). You can find additional detailed information on the USCIS I-9 
Central Web page at http://www.uscis.gov/I-9Central. Employers are 
required to verify the identity and employment authorization of all new 
employees by using Employment Eligibility Verification (Form I-9). 
Within 3 days of hire, an employee must present proof of identity and 
employment authorization to his or her employer.
    You may present any document from List A (reflecting both your 
identity and employment authorization), or one document from List B 
(reflecting identity) together with one document from List C 
(reflecting employment authorization). You may present an acceptable 
receipt for List A, List B, or List C documents as described in the 
Form I-9 Instructions. An EAD is an acceptable document under ``List 
A.'' Employers may not reject a document based on a future expiration 
date.
    If your EAD has an expiration date of January 5, 2015, and states 
``A-12'' or ``C-19'' under ``Category,'' it has been extended 
automatically for 6 months by virtue of this Federal Register Notice, 
and you may choose to present your EAD to your employer as proof of 
identity and employment authorization for Employment Eligibility 
Verification (Form I-9) through July 5, 2015 (see the subsection titled 
``How do my employer and I complete the Employment Eligibility 
Verification (Form I-9) using an automatically extended EAD for a new 
job?'' for further information). To minimize confusion over this 
extension at the time of hire, you may also show your employer a copy 
of this Federal Register Notice confirming the automatic extension of 
employment authorization through July 5, 2015. As an alternative to 
presenting your automatically extended EAD, you may choose to present 
any other acceptable document from List A, or a combination of one 
selection from List B and one selection from List C.

What documentation may I show my employer if I am already employed but 
my current TPS-related EAD is set to expire?

    Even though EADs with an expiration date of January 5, 2015 that 
state ``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended for 6 months by this Federal Register Notice, your employer 
will need to ask you about your continued employment authorization once 
January 5, 2015 is reached to meet its responsibilities for Employment 
Eligibility Verification (Form I-9). However, your employer does not 
need a new document to reverify your employment authorization until 
July 5, 2015, the expiration date of the automatic extension. Instead, 
you and your employer must make corrections to the employment 
authorization expiration dates in Section 1 and Section 2 of Employment 
Eligibility Verification (Form I-9) (see the subsection titled ``What 
corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my EAD has been automatically 
extended?'' for further information). In addition, you may also show 
this Federal Register Notice to your employer to explain what to do for 
Employment Eligibility Verification (Form I-9).
    By July 5, 2015, the expiration date of the automatic extension, 
your employer must reverify your employment authorization. At that 
time, you must present any document from List A or any document from 
List C on Employment Eligibility Verification (Form I-9) to reverify 
employment authorization, or an acceptable List A or List C receipt 
described in the Form I-

[[Page 62175]]

9 Instructions. Your employer should complete either Section 3 of the 
Employment Eligibility Verification (Form I-9) originally completed for 
the employee or, if this Section has already been completed or if the 
version of Employment Eligibility Verification (Form I-9) has expired 
(check the date in the upper right-hand corner of the form), complete 
Section 3 of a new Employment Eligibility Verification (Form I-9) using 
the most current version. Note that your employer may not specify which 
List A or List C document employees must present, and cannot reject an 
acceptable receipt.

Can my employer require that I produce any other documentation to prove 
my status, such as proof of my Honduran citizenship?

    No. When completing Employment Eligibility Verification (Form I-9), 
including re-verifying employment authorization, employers must accept 
any documentation that appears on the ``Lists of Acceptable Documents'' 
for Employment Eligibility Verification (Form I-9) that reasonably 
appears to be genuine and that relates to you or an acceptable List A, 
List B, or List C receipt. Employers may not request documentation that 
does not appear on the ``Lists of Acceptable Documents.'' Therefore, 
employers may not request proof of Honduran citizenship when completing 
Employment Eligibility Verification (Form I-9) for new hires or 
reverifying the employment authorization of current employees. If 
presented with EADs that have been automatically extended, employers 
should accept such EADs as valid List A documents so long as the EADs 
reasonably appear to be genuine and to relate to the employee. Refer to 
the Note to Employees section of this Notice for important information 
about your rights if your employer rejects lawful documentation, 
requires additional documentation, or otherwise discriminates against 
you based on your citizenship or immigration status, or your national 
origin.

What happens after July 5, 2015 for purposes of employment 
authorization?

    After July 5, 2015, employers may no longer accept the EADs that 
this Federal Register Notice automatically extended. Before that time, 
however, USCIS will endeavor to issue new EADs to eligible TPS re-
registrants who request them. These new EADs will have an expiration 
date of July 5, 2016 and can be presented to your employer for 
completion of Employment Eligibility Verification (Form I-9). 
Alternatively, you may choose to present any other legally acceptable 
document or combination of documents listed on the Employment 
Eligibility Verification (Form I-9).

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) using an automatically extended EAD for a new job?

    When using an automatically extended EAD to complete Employment 
Eligibility Verification (Form I-9) for a new job prior to January 5, 
2015, you and your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Write your alien number (USCIS number or A-number) in the first 
space (your EAD or other document from DHS will have your USCIS number 
or A-number printed on it; the USCIS number is the same as your A-
number without the A prefix); and
    c. Write the automatically extended EAD expiration date (July 5, 
2015) in the second space.
    2. For Section 2, employers should record the:
    a. Document title;
    b. Document number; and
    c. Automatically extended EAD expiration date (July 5, 2015).
    No later than July 5, 2015, employers must reverify the employee's 
employment authorization in Section 3 of the Employment Eligibility 
Verification (Form I-9).

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my EAD has been automatically 
extended?

    If you are an existing employee who presented a TPS-related EAD 
that was valid when you first started your job, but that EAD has now 
been automatically extended, you and your employer should correct your 
previously completed Employment Eligibility Verification (Form I-9) as 
follows:
    1. For Section 1, you should:
    a. Draw a line through the expiration date in the second space;
    b. Write ``July 5, 2015'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 1; and
    d. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Draw a line through the expiration date written in Section 2;
    b. Write ``July 5, 2015'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By July 5, 2015, when the automatic extension of EADs expires, 
employers must reverify the employee's employment authorization in 
Section 3.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiration'' alert for an automatically 
extended EAD?

    If you are an employer who participates in E-Verify and you have an 
employee who is a TPS beneficiary who provided a TPS-related EAD when 
he or she first started working for you, you will receive a ``Work 
Authorization Documents Expiring'' case alert when this EAD is about to 
expire. Usually, this message is an alert to complete Section 3 of the 
Employment Eligibility Verification (Form I-9) to reverify an 
employee's employment authorization. For existing employees with TPS-
related EADs that have been automatically extended, employers should 
dismiss this alert by clicking the red ``X'' in the ``dismiss alert'' 
column and follow the instructions above explaining how to correct the 
Employment Eligibility Verification (Form I-9). By July 5, 2015, 
employment authorization must be reverified in Section 3. Employers 
should never use E-Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper 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 reverification 
requirements. For general questions about the employment eligibility 
verification process, employers may call USCIS at 888-464-4218 (TTY 
877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#01482c3842646f7573606d416569722f666e77"><span class="__cf_email__" data-cfemail="6d2440542e0803191f0c012d09051e430a021b">[email protected]</span></a>. Calls and emails 
are accepted in English and many other languages. For questions about 
avoiding discrimination during the employment eligibility verification 
process, employers may also call the U.S. Department of Justice, Office 
of Special Counsel for Immigration-Related Unfair Employment Practices 
(OSC) Employer Hotline at 800-255-8155 (TTY 800-237-2515), which offers 
language interpretation in numerous languages, or email OSC at 
<a href="/cdn-cgi/l/email-protection#bcd3cfdfdfcec8fcc9cfd8d3d692dbd3ca"><span class="__cf_email__" data-cfemail="d5baa6b6b6a7a195a0a6b1babffbb2baa3">[email protected]</span></a>.

[[Page 62176]]

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email at <a href="/cdn-cgi/l/email-protection#e6afcbdfa583889294878aa6828e95c8818990"><span class="__cf_email__" data-cfemail="a3ea8e9ae0c6cdd7d1c2cfe3c7cbd08dc4ccd5">[email protected]</span></a>. Calls are accepted in English and many 
other languages. Employees or applicants may also call the U.S. 
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Worker Information Hotline at 
800-255-7688 (TTY 800-237-2515) for information regarding employment 
discrimination based upon citizenship, immigration status, or national 
origin, or for information regarding discrimination related to 
Employment Eligibility Verification (Form I-9) and E-Verify. The OSC 
Worker Information Hotline provides language interpretation in numerous 
languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt described 
in the Employment Eligibility Verification (Form I-9) Instructions. 
Employers may not require extra or additional documentation beyond what 
is required for Employment Eligibility Verification (Form I-9) 
completion. Further, employers participating in E-Verify who receive an 
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must 
promptly inform employees of the TNC and give such employees an 
opportunity to contest the TNC. A TNC case result means that the 
information entered into E-Verify from Employment Eligibility 
Verification (Form I-9) differs from the Social Security 
Administration, DHS, or DOS records.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay or take any adverse action against an employee based on the 
employee's decision to contest a TNC or because the case is still 
pending with E-Verify. A Final Nonconfirmation (FNC) case result is 
received when E-Verify cannot verify an employee's employment 
eligibility. An employer may terminate employment based on a case 
result of FNC. Work-authorized employees who receive an FNC may call 
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). An employee 
that believes he or she was discriminated against by an employer in the 
E-Verify process based on citizenship or immigration status, or based 
on national origin, may contact OSC's Worker Information Hotline at 
800-255-7688 (TTY 800-237-2515). Additional information about proper 
nondiscriminatory Employment Eligibility Verification (Form I-9) and E-
Verify procedures is available on the OSC Web site at http://www.justice.gov/crt/about/osc/ and the USCIS Web site at http://www.dhs.gov/E-verify.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    While Federal Government agencies must follow the guidelines laid 
out by the Federal Government, State and local government agencies 
establish their own rules and guidelines when granting certain 
benefits. Each State may have different laws, requirements, and 
determinations about what documents you need to provide to prove 
eligibility for certain benefits. Whether you are applying for a 
Federal, State, or local government benefit, you may need to provide 
the government agency with documents that show you are a TPS 
beneficiary and/or show you are authorized to work based on TPS. 
Examples are:
    (1) Your unexpired EAD that has been automatically extended, or 
your EAD that has not expired;
    (2) A copy of this Federal Register Notice if your EAD is 
automatically extended under this Notice;
    (3) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration;
    (4) A copy of your past or current Application for Temporary 
Protected Status Notice of Action (Form I-797), if you received one 
from USCIS; and/or
    (5) If there is an automatic extension of work authorization, a 
copy of the fact sheet from the USCIS TPS Web site that provides 
information on the automatic extension.
    Check with the government agency regarding which document(s) the 
agency will accept. You may also provide the agency with a copy of this 
Federal Register Notice.
    Some benefit-granting agencies use the USCIS Systematic Alien 
Verification for Entitlements Program (SAVE) to verify the current 
immigration status of applicants for public benefits. If such an agency 
has denied your application based solely or in part on a SAVE response, 
the agency must offer you the opportunity to appeal the decision in 
accordance with the agency's procedures. If the agency has received and 
acted upon or will act upon a SAVE verification and you do not believe 
the response is correct, you may make an InfoPass appointment for an 
in-person interview at a local USCIS office. Detailed information on 
how to make corrections, make an appointment, or submit a written 
request can be found at the SAVE Web site at http://www.uscis.gov/save, 
then by choosing ``How to Correct Your Records'' from the menu on the 
right.

[FR Doc. 2014-24559 Filed 10-15-14; 8:45 am]
BILLING CODE 9111-97-P


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