[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Notices]
[Pages 37941-37943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5975]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2382-06; DHS Docket No. USCIS-2006-0005]
RIN 1615-ZA34
Automatic Extension of Employment Authorization Documentation for
El Salvadoran TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: This Notice alerts the public that Employment Authorization
Documents (EADs) issued under the designation of El Salvador for TPS
and bearing an expiration date of either July 5, 2006 or September 9,
2006 are automatically extended until March 9, 2007. Prior to the most
recent extension of El Salvador for Temporary Protected Status (TPS),
the designation of El Salvador for TPS was set to expire on September
9, 2006. On June 15, 2006, a Notice was published in the Federal
Register to inform the public that the Secretary extended the
designation of El Salvador for TPS for 12 months until September 9,
2007. The June 15, 2006 Notice set forth procedures 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 EADs. The June 15, 2006 Notice also automatically extended
until March 9, 2007 the validity of EADs issued under the designation
of El Salvador for TPS that bear an expiration date of September 9,
2006. Certain El Salvadoran TPS beneficiaries, however, received EADs
with an expiration date of July 5, 2006, and thus are not covered by
this automatic extension provision. This Notice alerts the public that
EADs issued under the designation of El Salvador for TPS and bearing an
expiration date of either July 5, 2006 or September 9, 2006 are
automatically extended until March 9, 2007 and explains how TPS
beneficiaries and their employers may determine which EADs are
automatically extended.
FOR FURTHER INFORMATION CONTACT: Matthew Horner, Status and Family
Branch, Service Center Operations, U.S. Citizenship and Immigration
Services, Department of Homeland Security, 20 Massachusetts Avenue,
NW., 2nd Floor, Washington, DC 20529, telephone (202) 272-1505. This is
not a toll free number.
DATES: This notice is effective June 29, 2006.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
EAD--Employment Authorization Document
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services
What authority does the Secretary of Homeland Security (Secretary) have
to automatically extend the validity of EADs issued under the
designation of El Salvador for TPS?
Under section 244 of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a, the Secretary after consultation with appropriate
agencies of the Government, is authorized to designate a foreign state
(or part thereof) for TPS. 8 U.S.C. 1254a(b)(1). At least 60 days
before the expiration of the TPS designation, or any extension thereof,
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 a TPS designation
continue to be met and, if so, the length of an extension of the TPS
designation. 8 U.S.C. 1254a(b)(3)(A). The Secretary may grant TPS to
eligible nationals of that foreign state (or aliens having no
nationality who last habitually resided in that state) and authorize
those aliens to engage in employment authorization. 8 U.S.C.
1254a(a)(1). EADs are issued to TPS beneficiaries during the period of
designation or extension of such period
[[Page 37942]]
and the periods of validity of the documentation may be staggered to
provide for an orderly renewal of such documentation. 8 U.S.C.
1254a(d)(1), (2).
Why did the Secretary decide to automatically extend the validity of
EADs issued under the designation of El Salvador for TPS?
The Secretary recognized that, under the extension and re-
registration period beginning July 3, 2006, some El Salvadoran TPS
beneficiaries may not receive an extension sticker or a new EAD before
their current EADs expire. Therefore, on June 15, 2006, the Secretary
automatically extended until March 9, 2007 the validity of EADs issued
under the designation of El Salvador for TPS that bear an expiration
date of September 9, 2006. 71 FR 34637. Certain El Salvadoran TPS
beneficiaries, however, were issued EADs with an expiration date of
July 5, 2006, and consequently are not covered by the automatic
extension in that June 15, 2006 Federal Register Notice. Accordingly,
this Notice automatically extends until March 9, 2007 the validity of
EADs issued under the designation of El Salvador for TPS which have an
expiration date of July 5, 2006 or September 9, 2006.
If I currently have benefits through the designation of El Salvador for
TPS, do I need to re-register for TPS?
Yes. If you already have received TPS benefits through the
designation of El Salvador for TPS, your benefits will expire on
September 9, 2006. Accordingly, individual TPS beneficiaries must
comply with the re-registration requirements set forth in the Federal
Register at 71 FR 34637 on June 15, 2006. The June 15, 2006 Notice as
well as the present Notice can be found on the U.S. Citizenship and
Immigration Services (USCIS) Web site at http://www.uscis.gov/graphics/services/tps_elsa.htm or by contacting Matthew Horner, Service Center
Operations, USCIS, (202) 272-1505. Failure to re-register during the
re-registration period without good cause will result in the withdrawal
of your temporary protected status and possibly your removal from the
United States. 8 U.S.C. 1254a(c)(3)(C).
How may employers determine whether an EAD has been automatically
extended through March 9, 2007, 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,
2007, employers of El Salvadoran TPS beneficiaries whose EADs have been
automatically extended must accept the EAD if presented. An EAD (Form
I-766) that has been automatically extended by this Notice or by the
Notice published at 71 FR 34637 to March 9, 2007, will actually contain
an expiration date of July 5, 2006 or September 9, 2006, and must be a
Form I-766 bearing the notation ``A-12'' or ``C-19'' on the face of the
card under ``Category.''
In the alternative, any legally acceptable documentation 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.
Employers should not request proof of El Salvadoran citizenship.
Employers presented with an EAD that has been extended pursuant to this
Federal Register Notice, provided it appears to be genuine and to
relate to the employee, should accept the EAD as a valid ``List A''
document and should not ask for additional Form I-9 documentation. 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. This
Notice does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those setting forth
re-verification requirements, see 8 CFR 274a.2(b)(1)(vii). For
questions, employers may call the USCIS Office of Business Liaison
Employer Hotline at 1-800-357-2099 to speak to a USCIS 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.
How may employers determine an employee's eligibility for employment
once the automatic extension has expired, after March 9, 2007, and
before the expiration of EADs for El Salvadoran TPS beneficiaries on
September 30, 2007?
El Salvadorans with TPS will possess either: (1) An EAD with an
expiration date of September 30, 2007; or (2) an EAD with an expiration
date of July 5, 2006 or September 9, 2006 and a sticker affixed to it
extending the validity of the EAD through September 2007. In either
case, the EAD will be a Form I-766 bearing the notation ``A-12'' or
``C-19'' on the face of the card under ``Category.'' Either of these
EADs must be accepted for the purpose of verifying identity and/or
employment authorization. Employers are reminded that the laws
prohibiting unfair immigration-related employment practices remain in
full force, as described above.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9, Employment Eligibility Verification?
Until March 9, 2007, qualified individuals who have received an
automatic extension of their EADs by virtue of this Federal Register
Notice or the June 15, 2006 Notice published at 71 FR 34637 may present
to their employer a TPS-based EAD, as described above, as proof of
identity and employment authorization until March 9, 2007 (see section
``How may employers determine an employee's eligibility for employment
once the automatic extension has expired, after March 9, 2007, and
before the expiration of EADs for El Salvadoran TPS beneficiaries on
September 30, 2007''). 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 to March 9, 2007.
Qualified individuals will receive either a sticker affixed to his
or her current EAD, which extends the validity period of the EAD
through the end of September 2007, or a new EAD valid through September
30, 2007. Either an EAD with the extension sticker or a newly issued
EAD may be presented as evidence of employment authorization.
In the alternative to the aforementioned options, the employee may
choose to present as proof of identity and employment eligibility any
legally acceptable document or
[[Page 37943]]
combination of documents listed in List A, List B, or List C of the
Form I-9.
Information concerning the automatic extension of EADs for El
Salvadoran TPS beneficiaries will be available at local USCIS offices
upon publication of this Notice and on the USCIS Web site at http://www.uscis.gov.
Dated: June 29, 2006.
Emilio Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 06-5975 Filed 6-29-06; 11:25 am]
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