[Federal Register: July 16, 2003 (Volume 68, Number 136)]
[Notices]
[Page 42071-42074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy03-105]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Citizenship and Immigration Services
[CIS No. 2279-03]
RIN 1615-AA04
Extension of the Designation of El Salvador Under Temporary
Protected Status Program; Automatic Extension of Employment
Authorization Documentation for El Salvador
AGENCY: Bureau of Citizenship and Immigration Services, Homeland
Security.
ACTION: Notice.
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SUMMARY: The designation of El Salvador under the Temporary Protected
Status (TPS) Program will expire on September 9, 2003. This notice
extends the Secretary of Homeland Security's designation of El Salvador
for 18 months until March 9, 2005, and sets forth procedures necessary
for nationals of El Salvador (or aliens having no nationality who last
habitually resided in El Salvador) with TPS to re-register and to apply
for an extension of their employment authorization documentation for
the additional 18-month period. Re-registration is limited to persons
who registered under the initial designation (which ended on September
9, 2002) and also timely re-registered under the extensions of
designation. Certain nationals of El Salvador (or aliens having no
nationality who last habitually resided in El Salvador) who previously
have not applied for TPS may be eligible to apply under the late
initial registration provisions.
Given the large number of Salvadorans affected by this notice, the
Department of Homeland Security (DHS) recognizes that many re-
registrants will not receive their new Employment Authorization
Documents (EADs) until after their current EADs expire on September 9,
2003. Accordingly, this notice automatically extends, until March 9,
2004, the validity of EADs issued pursuant to the El Salvador TPS
program, and explains how TPS beneficiaries or their employers may
determine which EADs are automatically extended.
EFFECTIVE DATES: The extension of El Salvador's TPS designation is
effective September 9, 2003, and will remain in effect until March 9,
2005. The 60-day re-registration period begins July 16, 2003 and will
remain in effect until September 15, 2003.
FOR FURTHER INFORMATION CONTACT: Jonathan Mills, Department of Homeland
Security, Bureau of Citizenship and Immigration Services, 425 ``I''
Street, NW., Room 3040, Washington, DC 20536, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Authority Does the Secretary of the Homeland Security Have To
Extend the Designation of El Salvador Under the TPS Program?
On March 1, 2003, the functions of the Immigration and
Naturalization Service (Service) transferred from the Department of
Justice to the Department of Homeland Security (DHS) pursuant to the
Homeland Security Act of 2002,
[[Page 42072]]
Public Law 107-296. The responsibilities for administering the TPS
program held by the Service were transferred to the Bureau of
Citizenship and Immigration Services (BCIS) of the DHS.
Under section 244 of the Immigration and Nationality Act (the Act),
8 U.S.C. 1254a, the Secretary of DHS, after consultation with
appropriate agencies of the Government, is authorized to designate a
foreign state or (part thereof) for TPS. The Secretary of DHS 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(b)(3)(A) of the Act requires the Secretary of DHS to
review, at least 60 days before the end of the TPS designation or any
extension thereof, the conditions in a foreign state designated under
the TPS program to determine whether the conditions for a TPS
designation continue to be met and, if so, the length of an extension
of TPS. (8 U.S.C. 1254a(b)(3)(A)). If the Secretary of DHS determines
that the foreign state no longer meets the conditions for TPS
designation, he shall terminate the designation, as provided in section
244(b)(3)(B) of the Act (8 U.S.C. 1254a(b)(3)(B)). Finally, if the
Secretary of DHS does not make the required determination prior to the
60-day period prescribed by statute, section 244(b)(3)(C) of the Act
provides for an automatic extension of TPS for an additional period of
6 months (or, in the discretion of the Secretary of DHS, a period of 12
or 18 months) (8 U.S.C. 1254a(b)(3)(C)).
Why Did the Attorney General Designate El Salvador for TPS?
On March 9, 2001, the Attorney General initially designated El
Salvador under the TPS program for a period of 18 months based upon a
series of severe earthquakes that caused numerous fatalities and
injuries and left 1.6 million people (over one-quarter of the country's
population) without adequate housing. 66 FR 14214. Following the
initial designation, the Departments of Justice (DOJ) and State (DOS)
kept a close watch over the progress of reconstruction in El Salvador.
Given the amount of reconstruction necessary, the Attorney General
extended the El Salvador TPS designation on July 11, 2002 (67 FR
46000).
Why Is the Secretary of DHS Extending the TPS Designation for El
Salvador?
After the extension of El Salvador's TPS designation on July 11,
2002, DHS and DOS have continued to monitor the conditions in that
country. Prior to making his decision to extend the El Salvador TPS
designation, the Secretary of DHS consulted with relevant government
agencies to determine whether conditions warranting the TPS designation
continue to exist in El Salvador.
Although El Salvador has made progress in its post-earthquake
reconstruction effort, much work remains. (DOS Recommendation (April
13, 2003)). As of April 2003, only one-third of the 170,000 homes
destroyed by the earthquakes had been replaced. Id. More than three-
quarters of the damaged roads still need repair. Id. As of February
2003, some rural health clinics have been rebuilt, but construction had
not begun on other major health facilities. (BCIS Resource Information
Center (RIC) (May 7, 2003)). The RIC reports that, in February 2003,
the majority of damaged or destroyed schools targeted for
reconstruction by USAID were still in the design phase. Id.
The economy of El Salvador is not yet stable enough to absorb
returnees from the United States should TPS not be extended. (DOS
Recommendation). Returning Salvadorans would tax an already
overburdened infrastructure that is currently incapable of providing
for them at home. Id. A large number of returnees from the United
States would not be able to find jobs or possibly housing, creating
social unrest and exacerbating a critical crime situation and already
dismal living conditions. Id. An extension will allow the approximately
290,000 Salvadorans now with TPS to remain in the U.S. and continue
sending home remittances, which have proven helpful in the recovery
process. Id.
Based upon this review, the Secretary of DHS finds that the
conditions that prompted designation of El Salvador under the TPS
program continue to be met (8 U.S.C. 1254a(b)(3)(C)). There continues
to be a substantial, but temporary, disruption of living conditions in
El Salvador as a result of environmental disaster, and El Salvador
continues to be unable, temporarily, to handle adequately the return of
its nationals (8 U.S.C. 1254a(b)(1)(B)(i)-(ii)). On the basis of these
findings, the Secretary of DHS concludes that the TPS designation for
El Salvador should be extended for an additional 18-month period.
If I Currently Have TPS Through the El Salvador TPS Program, Do I Still
Re-register for TPS?
Yes. If you already have received TPS benefits through the El
Salvador TPS program, your benefits will expire on September 9, 2003.
Accordingly, individual TPS beneficiaries must comply with the re-
registration requirements described below in order to maintain their
TPS benefits through March 9, 2005. TPS benefits include temporary
protection against removal from the United States, as well as work
authorization, during the TPS designation period and any extension
thereof (8 U.S.C. 1254a(a)(1)).
If I Am Currently Registered for TPS, How Do I Re-register for an
Extension?
All persons previously granted TPS under the El Salvador program
who wish to maintain such status must apply for an extension by filing
(1) a Form I-821, Application for Temporary Protected Status, without
the filing fee; (2) a Form I-765, Application for Employment
Authorization; and (3) two identification photographs (1\1/2\ inches x
1\1/2\ inches). Applications submitted without the required fee and/or
photos will be returned to the applicant. See the chart below to
determine whether you must submit the one hundred and twenty dollar
($120) filing fee with Form I-765. Applicants for an extension of TPS
benefits do not need to be re-fingerprinted and thus need not pay the
$50 fingerprint fee. Children beneficiaries of TPS who have reached the
age of fourteen (14) but were not previously fingerprinted must pay the
fifty dollar ($50) fingerprint fee with the application for extension.
Submit the completed forms and applicable fee, if any, to the BCIS
Service Center having jurisdiction over your place of residence during
the 60-day re-registration period that begins July 16, 2003 and ends
September 15, 2003.
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If-- Then--
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You are applying authorization You must complete and file the Form
until March 9, 2005. I-765, Application for employment
for Employment Authorization, with
the $120 fee.
You already have employment You must complete and file Form I-
authorization or do not require 765 with no fee.\1\
employment authorization.
[[Page 42073]]
You are applying for emmployment You must complete and file: (1)
authorization and are requesting a Form I-765 and (2) a fee waiver
fee waiver. request and affidavit (and any
other information) in accordance
with 8 CFR 244.20.
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\1\ An applicant who does not seek employment authorization
documentation does not need to submit the $120 fee, but must still
complete and submit Form I-765 for data gathering purposes
If My Application for TPS is Still Pending, How Can I Renew My
Employment Authorization Document?
If your application for TPS is still pending and you wish to
receive or renew your employment authorization document, you must file
with the BCIS Service Center having jurisdiction over your place of
residence (1) a Form I-821 without the filing fee, (2) a Form I-765
Application for Employment Authorization, and (3) two identification
photographs (1\1/2\ inches x 1\1/2\ inches). Applications submitted
without the filing fee or photos will be returned to the applicant. See
the chart above to determine whether you must submit the one hundred
and twenty ($120) filing fee with Form I-765.
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, and vice versa. Denial of an application
for asylum or any other immigration benefit does not affect an
applicant'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 (8 U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C.
1254a(c)(2)(B)(ii)).
Does This Extension Allow Nationals of El Salvador (or Aliens Having No
Nationality Who Last Habitually Resided in El Salvador) Who Entered the
United States After February 13, 2001, to File for TPS?
No. This is a notice of an extension of TPS, not a notice of re-
designation of El Salvador under the TPS program. An extension of TPS
does not change the required dates of continuous residence and
continuous physical presence in the United States. This extension does
not expand TPS availability to those who are not already TPS class
members. To be eligible for benefits under this extension, nationals of
El Salvador (or aliens having no nationality who last habitually
resided in El Salvador) must have resided continuously in the United
States since February 13, 2001, and have been continuously physically
present in the United States since March 9, 2001.
Who Is Eligible for Late Initial Registration?
Some persons may be eligible for late initial registration under 8
CFR 244.2(f)(2). To apply for late initial registration an applicant
must:
(1) Be a national of El Salvador (or alien who has no nationality
and who last habitually resided in El Salvador);
(2) Have been continuously physically present in the United States
since March 9, 2001;
(3) Have continuously resided in the United States since February
13, 2001; 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, the applicant must be able to demonstrate that during
the registration period from March 9, 2001, through September 9, 2002,
he or she:
(1) Was 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) Was a parolee or had a pending request for reparole; or
(4) Was 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 previously described above (8 CFR
244.2(g)).
Why Is the Secretary of DHS Automatically Extending the Validity of
EADs From September 9, 2003, to March 9, 2004?
The Secretary of DHS has decided to extend automatically the
validity of EADs to prevent a lapse in employment authorization
documentation for qualified re-registrants during the time that re-
registration applications are processed. Given the large number of El
Salvador TPS class members who are eligible for re-registration, re-
registrants may receive their new EADs only after their current EADs
have expired. To prevent a gap in employment authorization
documentation for qualified re-registrants, the Secretary of DHS is
extending automatically the validity of the applicable EADs for a
period of 6 months, to March 9, 2004 (8 U.S.C. 1254a(a)(2);
1254a(d)(1)-(2)).
Who Is Eligible To Receive an Automatic Extension of His or Her EAD?
To receive an automatic extension of his or her EAD, an individual
must be a national of El Salvador (or an alien having no nationality
who last habitually resided in El Salvador) who has applied for and
received an EAD under the initial TPS designation for El Salvador. This
automatic extension is limited to EADs issued on either Form I-766 or
Form I-688B bearing an expiration date of September 9, 2003. The EAD
must also be either (1) a Form I-766 bearing the notation ``A-12'' or
``C-19'' on the face of the card under ``Category'; or (2) a Form I-
688B bearing the notation ``274A.12(A)(12)'' or ``274A.12(C)(19)'' on
the face of the card under ``Provision of Law'.
Must Qualified Individuals Apply for the Automatic Extension of Their
TPS-Related EADs Until March 9, 2004?
No, qualified individuals do not have to apply for this automatic
employment authorization extension to March 9, 2004. However, qualified
individuals must re-register for TPS during the re-registration period
that begins on July 16, 2003, and continues through September 15, 2003,
in order to be eligible for a new EAD that is valid until March 9,
2005.
What Documents May a Qualified Individual Show to His or Her Employer
as Proof of Employment Authorization and Identity When Completing the
Employment Eligibility Verification Form (Form I-9)?
For completion of the Form I-9 at the time of hire or re-
verification, qualified individuals who have received an extension of
employment authorization by virtue of this Federal Register notice may
present to their employer a TPS-related EAD as proof of identity and
employment authorization until March 9, 2004. To minimize confusion
over this extension at the time of hire or re-verification, qualified
individuals may also present to their employer a copy of
[[Page 42074]]
this Federal Register notice regarding the automatic extension of
employment authorization documentation to March 9, 2004. In the
alternative, any legally acceptable document or combination of
documents listed in List A, List B, or List C of the Form I-9 may be
presented as proof of identity and employment eligibility; it is the
choice of the employee.
How May Employers Determine Whether an EAD Has Been Automatically
Extended Through March 9, 2004 and Is Therefore Acceptable for
Completion of the Form I-9?
For purposes of verifying identity and employment eligibility or
re-verifying employment eligibility on the Form I-9 until March 9,
2004, employers of El Salvador TPS class members whose employment
authorization has been automatically extended by this notice must
accept an EAD that contains an expiration date of September 9, 2003, To
be eligible for the automatic extension, the EAD must be either (1) a
Form I-766 bearing the notation ``A-12'' or ``C-19'' on the face of the
card under ``Category'', or (2) a Form I-688B bearing the notation
``274A.12(A)(12)'' or ``274A.12(C)(19)'' on the face of the card under
``Provision of Law''. New EADs or extension stickers showing the March
9, 2004 expiration date will not be issued.
Employers should not request proof of Salvadoran citizenship.
Employers presented with an EAD that this Federal Register notice has
extended automatically, that appears to be genuine and that relates to
the employee should accept the document as a valid ``List A'' document
and should not ask for additional Form I-9 documentation. This action
by the Secretary of the DHS through this Federal Register notice does
not affect the right of an employee to present any legally acceptable
document as proof of identity and eligibility for employment.
Employers are reminded that the laws prohibiting unfair
immigration-related employment practices remain in full force. For
questions, employers may call the BCIS' Office of Business Liaison
Employer Hotline at 1-800-357-2099 to speak to a BCIS representative.
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, or 1-800-362-2735 (TDD).
Employees or applicants may call the OSC Employee Hotline at 1-800-255-
7688, or 1-800-237-2515 (TDD) for information regarding the automatic
extension. Additional information is available on the OSC Web site at
http://www.usdoj.gov/crt/osc/index.html.
What Happens When This Extension of TPS Expires on March 9, 2005?
At least 60 days before this extension of TPS expires on March 9,
2005, the Secretary of DHS will review conditions in El Salvador and
determine whether the conditions for designation under the TPS program
continue to be met at that time, or whether the TPS designation should
be terminated. Notice of that determination, including the basis for
the determination, will be published in the Federal Register.
If the TPS designation is extended at that time, an alien who has
received TPS benefits must re-register under the extension in order to
maintain TPS benefits. If, however, the Secretary of DHS terminates the
TPS designation, TPS beneficiaries will maintain the immigration status
they had before TPS (unless that status had since expired or been
terminated) or any other status they may have acquired while registered
for TPS. Accordingly, if an alien had no lawful immigration status
prior to receiving TPS and did not obtain any status during the TPS
period, he or she will revert to that unlawful status upon termination
of the TPS designation.
Notice of Extension of Designation of El Salvador Under the TPS Program
By the authority vested in me as Secretary of DHS under sections
244(b)(1)(B), (b)(3)(A), and (b)(3)(C) of the Act, I have consulted
with the appropriate government agencies and determine that the
conditions that prompted designation of El Salvador for TPS continue to
be met (8 U.S.C. 1254a(b)(3)(A)). Accordingly, I order as follows:
(1) The designation of El Salvador under section 244(b) of the Act
is extended for an additional 18-month period from September 9, 2003,
to March 9, 2005 (8 U.S.C. 1254a(b)(3)(C)).
(2) There are approximately 290,000 nationals of El Salvador (or
aliens having no nationality who last habitually resided in El
Salvador) who have been granted TPS and who are eligible for re-
registration.
(3) To maintain TPS, a national of El Salvador (or an alien having
no nationality who last habitually resided in El Salvador) who received
TPS during the initial designation period must re-register for TPS
during the 60-day re-registration period from July 16, 2003 until
September 15, 2003.
(4) To re-register, the applicant must file the following: (1) Form
I-821, Application for Temporary Protected Status; (2) Form I-765,
Application for Employment Authorization; and (3) two identification
photographs (1\1/2\ inches by 1\1/2\ inches). Applications submitted
without the required fee and/or photos will be returned to the
applicant. There is no fee for filing a Form I-821 as part of the re-
registration application. If the applicant requests employment
authorization, he or she must submit one hundred and twenty dollars
($120) or a properly documented fee waiver request, pursuant to 8 CFR
244.20, with the Form I-765. An applicant who does not request
employment authorization must nonetheless file Form I-765 along with
Form I-821, but is not required to submit the fee. The fifty-dollar
($50) fingerprint fee is required only for children beneficiaries of
TPS who have reached the age of 14 but were not previously
fingerprinted. Failure to re-register without good cause will result in
the withdrawal of TPS (8 CFR 244.17(c)). Some persons who had not
previously applied for TPS may be eligible for late initial
registration under 8 CFR 244.2.
(5) At least 60 days before this extension terminates on March 9,
2005, the Secretary of DHS will review the designation of El Salvador
under the TPS program and determine whether the conditions for
designation continue to be met (8 U.S.C. 1254a(b)(3)(A)). Notice of
that determination, including the basis for the determination, will be
published in the Federal Register (8 U.S.C. 1254a(b)(3)(A)).
(6) TPS-related Employment Authorization Documents that expire on
September 9, 2003, are extended automatically until March 9, 2004, for
qualified Salvadorans.
(7) Information concerning the extension of designation of El
Salvador under the TPS program will be available at local BCIS offices
upon publication of this notice and on the BCIS Web site at http://www.bcis.gov/graphics/index.htm
.
Dated: July 9, 2003.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 03-17872 Filed 7-15-03; 8:45 am]
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