[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Notices]
[Pages 37043-37049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17862]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2469-09; DHS Docket No. USCIS-2009-0003]
RIN 1615-ZA82


Extension of the Designation of Somalia for Temporary Protected 
Status and Automatic Extension of Employment Authorization 
Documentation for Somalian TPS Beneficiaries

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

ACTION: Notice.

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SUMMARY: This Notice announces that the Secretary of Homeland Security 
has extended the designation of Somalia for temporary protected status 
(TPS) for 18 months, from its current expiration date of September 17, 
2009 through March 17, 2011. This Notice also sets forth procedures 
necessary for nationals of Somalia (or aliens having no nationality who 
last habitually resided in Somalia) with TPS to re-register with U.S. 
Citizenship and Immigration Services (USCIS). Re-registration is 
limited to persons who have previously registered for TPS under the 
designation of Somalia and whose applications have been granted by or 
remain pending with USCIS. Certain nationals of Somalia (or aliens 
having no nationality who last habitually resided in Somalia) who have 
not previously applied to USCIS for TPS may be eligible to apply under 
the late initial registration provisions.
    Given the timeframes involved with processing TPS re-registration 
applications, the Department of Homeland Security (DHS) recognizes the 
possibility that all re-registrants may not receive new EADs until 
after their current EADs expire on September 17, 2009. Accordingly, 
this Notice automatically extends the validity of EADs issued under the 
TPS designation of Somalia for 6 months, through March 17, 2010, and 
explains how TPS beneficiaries and their employers may determine which 
EADs are automatically extended.

DATES: The extension of the TPS designation of Somalia is effective 
September 18, 2009, and will remain in effect through March 17, 2011. 
The 60-day re-registration period begins July 27, 2009, and will remain 
in effect until September 25, 2009.

FOR FURTHER INFORMATION CONTACT: TPS Operations Program Manager, Status

[[Page 37044]]

and Family Branch, Office of Service Center Operations, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
20 Massachusetts Avenue, NW., Washington, DC 20529-2060, 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 
individual cases can check Case Status Online available at the USCIS 
Web site, or may call the USCIS National Customer Service Center at 1-
800-375-5283 (TTY 1-800-767-1833).

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This Document

Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
HSA--Homeland Security Act of 2002
OSC--U.S. Department of Justice Office of Special Counsel for 
Immigration Related Unfair Employment Practices
EAD--Employment Authorization Document
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services

What is Temporary Protected Status?

    TPS is an immigration status granted to eligible nationals of a 
country designated for TPS under the Act (or to persons without 
nationality who last habitually resided in the designated country). 
During the period for which the Secretary has designated a country for 
TPS, TPS beneficiaries are eligible to remain in the United States and 
may obtain work authorization, so long as they continue to meet the 
terms and conditions of their TPS status. 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 has since expired 
or been terminated) or to any other status they may have been obtained 
while registered for TPS.

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

    Section 244(b)(1) of the Act, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, after consultation with appropriate agencies of the 
government, to designate a foreign State (or part thereof) for TPS.\1\ 
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), Public Law 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, 
Section 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 (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, she must terminate the designation. Section 244(b)(3)(B) 
of the Act, 8 U.S.C. 1254a(b)(3)(B).

Why was Somalia designated for TPS?

    On September 16, 1991, the Attorney General published a notice in 
the Federal Register, at 56 FR 46804, designating Somalia for TPS due 
to ongoing armed conflict and extraordinary and temporary conditions 
within the country. The Attorney General extended TPS for Somalia nine 
times, determining in each instance that the conditions warranting the 
designation continued to be met. 57 FR 32232 (July 21, 1992); 58 FR 
48898 (Sept. 20, 1993); 59 FR 43359 (Aug. 23, 1994); 60 FR 39005 (July 
31, 1995); 61 FR 39472 (July 29, 1996); 62 FR 41421 (Aug. 1, 1997); 63 
FR 51602 (Sept. 28, 1998); 64 FR 49511 (Sept. 13, 1999); 65 FR 69789 
(Nov. 20, 2000).
    On September 4, 2001, the Attorney General redesignated Somalia for 
TPS by publishing a notice in the Federal Register at 66 FR 46288, 
based upon ongoing armed conflict and extraordinary and temporary 
conditions within Somalia, which had worsened. Since that date, the 
Attorney General and the Secretary of Homeland Security have extended 
the TPS designation of Somalia six times based on determinations that 
the conditions warranting the designation continued to be met. 67 FR 
48950 (July 26, 2002); 68 FR 43147 (July 21, 2003); 69 FR 47937 (Aug. 
6, 2004); 70 FR 43895 (July 29, 2005); 71 FR 42653 (July 27, 2006); 73 
FR 13245 (Mar. 12, 2008).

Why is the Secretary extending the TPS designation for Somalia through 
March 17, 2011?

    Over the past year, DHS and the Department of State have continued 
to review conditions in Somalia. Based on this review, the Secretary 
has determined that an 18-month extension is warranted, because the 
armed conflict is ongoing, and the extraordinary and temporary 
conditions that prompted the September 4, 2001, redesignation persist. 
Section 244(b)(1)(A), (C) of the Act; 8 U.S.C. 1254a(b)(1)(A), (C).
    Somalia remains in a state of chaos characterized by the lack of 
central government; a crippled economy, the absence of civil 
structures, destruction of infrastructure; and generalized insecurity 
in the form of banditry, kidnapping, looting, revenge killings, 
targeted assassinations, suicide car-bombings, and inter-clan fighting. 
Humanitarian efforts have been hindered by increasing targeted attacks 
on humanitarian workers countrywide. In 2007, 6,500 civilians were 
killed. An additional 2,136 civilians were killed in the first half of 
2008. Almost 750,000 people fled Mogadishu to escape the fighting 
between April and July 2008. Between January and August 2008, the 
number of people in need of humanitarian assistance increased 77 
percent, from 1.8 million to 3.2 million people. The intensifying 
conflict, drought, increased food prices, the targeting of humanitarian 
workers, and growing piracy off the Somali coast have exacerbated the 
humanitarian toll on the Somali people.
    Based upon her review, the Secretary has determined, after 
consultation with the appropriate government agencies, that the 
conditions that prompted the 2001 redesignation of Somalia for TPS 
continue to be met. See section 244(b)(3)(A) of the Act; 8 U.S.C. 
1254a(b)(3)(A). An ongoing armed conflict and extraordinary and 
temporary conditions in Somalia prevent aliens who are nationals of 
Somalia (or aliens having no nationality who last habitually resided in 
Somalia) from returning in safety. The Secretary also has determined 
that it is not contrary to the national interest of the United States 
to permit aliens who meet the eligibility requirements of TPS to remain 
in the United States temporarily. See section 244(b)(1)(C) of the Act. 
On the basis of these findings and determinations, the Secretary 
concludes that the designation of Somalia for TPS should be extended 
for an additional 18-

[[Page 37045]]

month period. See section 244(b)(3)(C) of the Act, 8 U.S.C. 
1254a(b)(3)(C). There are approximately 250 nationals of Somalia (or 
aliens having no nationality who last habitually resided in Somalia) 
who are eligible for TPS under this designation.

What Actions Should Qualifying Aliens Take Pursuant to This Notice?

    To maintain TPS, a national of Somalia (or an alien having no 
nationality who last habitually resided in Somalia) who was granted TPS 
and who has not had TPS withdrawn or who has a pending application for 
TPS must re-register for TPS during the 60-day re-registration period 
from July 27, 2009 until September 25, 2009. 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 Somalia 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 Somalia

    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 redesignation of Somalia for temporary 
protected status (TPS) on September 4, 2001, continue to be met. See 
section 244(b)(3)(A) of the Immigration and Nationality Act, 8 U.S.C. 
1254a(b)(3)(A). I also have determined that it is not contrary to the 
national interest of the United States to permit aliens who meet the 
eligibility requirements of TPS to remain in the United States 
temporarily. See section 244(b)(1)(C) of the Act. On the basis of these 
determinations, I am extending the TPS designation of Somalia for 18 
months from September 18, 2009, through March 17, 2011.

    Dated: July 15, 2009.
Janet Napolitano,
Secretary.

Temporary Protected Status Filing Requirements

Do I need to re-register for TPS if I currently have benefits through 
the designation of Somalia for TPS, and would like to maintain them?

    Yes. If you already have received TPS benefits through the TPS 
designation of Somalia, your benefits will expire on September 17, 
2009. All TPS beneficiaries must comply with the re-registration 
requirements, and submit any associated application fees or 
applications for waivers of the fees described in this Notice in order 
to maintain TPS benefits through March 17, 2011. 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 Employment Authorization Document (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    You are applying for  You must complete
 TPS.                          an extension of       and file the Form I-
                               your EAD valid        765, Application
                               through March 17,     for Employment
                               2011.                 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    You are NOT applying  You must complete
 TPS.                          for renewal of your   and file the Form I-
                               EAD.                  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   You are applying for  You must complete
 a late initial registrant     a TPS-related EAD.    and file Form I-821
 (see below) and you are                             with the $50 fee or
 between the ages of 14 and                          fee waiver request.
 65 (inclusive).                                     You must also
                                                     submit Form I-765
                                                     with the fee of
                                                     $340 or a fee
                                                     waiver request.
You are applying for TPS as   You are applying for  You must complete
 a late initial registrant     a TPS-related EAD.    and file Form I-821
 and are under age 14 or                             with the $50 fee or
 over age 65.                                        fee waiver request.
                                                     You must also
                                                     submit Form I-765
                                                     with no fee.
You are applying for TPS as   You are NOT applying  You must complete
 a late initial registrant,    for an EAD.           and file Form I-821
 regardless of age.                                  with the $50 fee or
                                                     fee waiver request.
                                                     You must also
                                                     submit Form
                                                     I[dash]765 with no
                                                     fee.

[[Page 37046]]

 
Your previous TPS             You are applying to   You must complete
 application is still          renew your            and file the Form I-
 pending.                      temporary treatment   765 with the fee of
                               benefits (i.e., an    $340 or a fee
                               EAD with category     waiver request. You
                               ``C-19'' on its       must also submit
                               face).                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    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.
------------------------------------------------------------------------

What editions of Form I-821 and Form I-765 should I submit?

    Only versions of Form I-821 dated October 17, 2007 (Rev. 10/17/07), 
or later, will be accepted. Only versions of Form I-765 dated May 27, 
2008 (Rev. 5/27/08), or later, will be accepted. The revision date can 
be found in the bottom right corner of the form. The proper forms can 
be found on the Internet at http://www.uscis.gov or by calling the 
USCIS forms hotline at 1-800-870-3676.

Where should I submit my application for TPS?

    Mail your application for TPS to the proper address in Table 3:

                       Table 3--Mailing Addresses
------------------------------------------------------------------------
                                             Non-U.S. Postal Service
  U.S. Postal Service deliveries . . .           deliveries . . .
------------------------------------------------------------------------
U.S. Citizenship and Immigration         U.S. Citizenship and
 Services: Attn: TPS Somalia, P.O. Box    Immigration Services: Attn:
 8677, Chicago, IL 60680-8677.            TPS Somalia, 131 S. Dearborn--
                                          3rd Floor, Chicago, IL 60603-
                                          5517.
------------------------------------------------------------------------

    If an Immigration Judge or the Board of Immigration Appeals granted 
you TPS, 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#d581a5a6bcbfb2a7b4bba1fba3a6b695b1bda6fbb2baa3"><span class="__cf_email__" data-cfemail="782c080b11121f0a19160c560e0b1b381c100b561f170e">[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 
or by the Board of Immigration Appeals to notify USCIS of their grant 
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 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   You must submit an explanation, on a
 listed in Part 4, Question 2   separate sheet(s) of paper, and/or
 of Form I-821 applies to you.  additional documentation. Depending on
                                the nature of the question(s) you are
                                addressing, additional documentation
                                alone may suffice, but usually, a
                                written explanation will also be needed.

[[Page 37047]]

 
You were granted TPS by an     You must include evidence of the grant of
 Immigration Judge or the       TPS (such as a final order from the
 Board of Immigration Appeals   Immigration Judge or decision of the
 (BIA).                         BIA) with your application package.
------------------------------------------------------------------------

How do I know if I am eligible for late initial registration?

    You may be eligible for late initial registration under 8 CFR 
244.2. In order to be eligible for late initial registration, you must:
    (1) Be a national of Somalia (or an alien who has no nationality 
and who last habitually resided in Somalia);
    (2) Have continuously resided in the United States since September 
4, 2001;
    (3) Have been continuously physically present in the United States 
since September 4, 2001; and
    (4) Be both admissible as an immigrant, except as provided under 
section 244(c)(2)(A) of the Act, and not ineligible for TPS under 
section 244(c)(2)(B) of the Act.
    Additionally, you must be able to demonstrate that during the 
initial registration period for the redesignation of TPS for Somalia 
(September 4, 2001 to December 3, 2001), 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 Somalia, should be submitted to the Chicago, Illinois 
address listed above.

Are certain aliens ineligible for TPS?

    Yes. There are certain criminal and terrorism-related 
inadmissibility grounds that render an alien ineligible for TPS. See 
section 244(c)(2)(A)(iii) of the Act; 8 U.S.C. 1254a(c)(2)(A)(iii). 
Further, aliens who have been convicted of any felony or two or more 
misdemeanors committed in the United States are ineligible for TPS 
under section 244(c)(2)(B)(i) of the Act, 8 U.S.C. 1254a(c)(2)(B)(i), 
as are aliens described in section 208(b)(2)(A) of the Act, 8 U.S.C. 
1158(b)(2)(A) (describing the bars to asylum). See section 
244(c)(2)(B)(ii) of the Act; 8 U.S.C. 1254a(c)(2)(B)(ii).

If I currently have TPS, can I lose my TPS benefits?

    Yes, you can lose your 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.

If I am currently covered under TPS, what status will I have if my 
country's TPS designation is terminated?

    When a country's TPS designation is terminated, you will maintain 
the same immigration status that you held prior to obtaining TPS 
(unless that status has since expired or been terminated), or any other 
status you may have acquired while registered for TPS. Accordingly, if 
you held no lawful immigration status prior to being granted TPS and 
did not obtain any other status during the TPS period, you will revert 
to unlawful status upon the termination of the TPS designation. Once 
the Secretary determines that a TPS designation should be terminated, 
aliens who had TPS under that designation, and who do not hold any 
other lawful immigration status, must plan for their departure from the 
United States.

May I apply for another immigration benefit while registered for TPS?

    Yes. Registration for TPS does not prevent you from applying for 
nonimmigrant status, filing for adjustment of status based on an 
immigrant petition, or applying for any other immigration benefit or 
protection. Section 244(a)(5) of the Act; 8 U.S.C. 1254a(a)(5). For the 
purposes of change of status and adjustment of status, an alien is 
considered to be in, and maintaining, lawful status as a nonimmigrant 
during the period in which he or she is granted TPS. See section 
244(f)(4) of the Act; 8 U.S.C. 1254a(f)(4).
    However, if an alien has periods of time when he or she had no 
lawful immigration status before, or after, the alien's time in TPS, 
those period(s) of unlawful presence may negatively affect that alien's 
ability to adjust to permanent resident status or be granted other 
immigration benefits, depending on the circumstances. 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 for adjustment or change of 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 Somalia (or aliens having no nationality who last 
habitually resided in Somalia) who entered the United States after 
September 4, 2001, file for TPS?

    No. This extension does not expand TPS eligibility to those who are 
not currently eligible. To be eligible for benefits under this 
extension, nationals

[[Page 37048]]

of Somalia (or aliens having no nationality who last habitually resided 
in Somalia) must have continuously resided and have been continuously 
physically present in the United States since September 4, 2001. See 
section 244(c)(1) of the Act, 8 U.S.C. 1254a(c)(1); see also 66 FR 
46288 (Sept. 4, 2001).

Employment Authorization Document Automatic Extension Guidelines

Who is eligible to receive an automatic six-month EAD extension from 
September 17, 2009 to March 17, 2010?

    To receive an automatic six-month extension of an EAD, an 
individual must be a national of Somalia (or an alien having no 
nationality who last habitually resided in Somalia) who has applied for 
and received an EAD under the designation of Somalia for TPS and who 
has not had TPS withdrawn or denied. This automatic extension is 
limited to EADs issued on Form I-766, Employment Authorization 
Document, bearing an expiration date of September 17, 2009. These EADs 
must also bear the notation ``A-12'' or ``C-19'' on the face of the 
card under ``Category.''

How will I know if I have to report to an Application Support Center 
(ASC) to submit biometrics?

    USCIS will mail you a notice with instructions as to whether or not 
you are required to appear at an 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.

What documents should I bring to my ASC appointment?

    When you 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 March 17, 2011. 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 March 17, 2011.

What if my address changes after I file my re-registration application?

    If your address changes after you file your application for re-
registration, you must complete and submit Form AR-11 by mail or 
electronically. The mailing address is: U.S. Citizenship and 
Immigration Services, Change of Address, P.O. Box 7134, London, KY 
40742-7134.
    Form AR-11 can also be filed electronically by following the 
directions on the USCIS Web site at: http://www.uscis.gov. To 
facilitate processing your address change on your TPS application, you 
may call the USCIS National Customer Service Center at 1-800-375-5283 
(TTY 1-800-767-1833) to request that your address be updated on your 
application. Please note that calling the USCIS National Customer 
Service Center does not relieve you of your burden to properly file a 
Form AR-11 with USCIS.

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.

How may employers determine whether an EAD has been automatically 
extended for six months, through March 17, 2009, and is therefore an 
acceptable document for completion of the Form I-9, Employment 
Eligibility Verification?

    An EAD that has been automatically extended by this Notice through 
March 17, 2010 will bear the notation ``A-12'' or ``C-19'' on the face 
of the Form I-766 under ``Category,'' and have an expiration date of 
September 17, 2009, on the face of the card. New EADs or extension 
stickers showing the March 17, 2009, expiration date of the six-month 
automatic extension will not be issued. Employers should not request 
proof of Somalian citizenship.
    Employers should accept an EAD as a valid ``List A'' document and 
not ask for additional Form I-9 documentation if presented with an EAD 
that has been extended pursuant to this Federal Register Notice, and 
the EAD reasonably appears on its face to be genuine and to relate to 
the employee. This extension does not affect the right of an applicant 
for employment or an employee to present any legally acceptable 
document as proof of identity and eligibility for employment.

    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.

How may employers determine an employee's eligibility for employment 
once the automatic six-month extension expires on March 17, 2010?

    Eligible TPS aliens will possess an EAD on Form I-766 with an 
extension date of March 17, 2011. The EAD will bear the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category,'' and should 
be accepted for the purposes of verifying identity and employment 
authorization.

What documents may a qualified individual show to his or her employer 
as proof of employment authorization and identity when completing Form 
I-9?

    During the first six months of this extension, qualified 
individuals who have received a six-month automatic extension of their 
EADs by virtue of this Federal Register Notice may present their TPS-
based EADs to their employers, as described above, as proof of identity 
and employment authorization through March 17, 2010. To minimize 
confusion over this extension at the time of hire or re-verification, 
qualified individuals may also present a copy of this Federal Register 
Notice regarding the automatic extension of employment authorization 
documentation through March 17, 2010. After March 17, 2010, a qualified 
individual may present a new EAD valid through March 17, 2011.
    Individuals may also present any other legally acceptable document 
or combination of documents listed on the

[[Page 37049]]

Form I-9 as proof of identity and employment eligibility.

[FR Doc. E9-17862 Filed 7-24-09; 8:45 am]
BILLING CODE 9111-97-P


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