[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Notices]
[Pages 76039-76040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29511]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2456-08; DHS Docket No. USCIS-2008-0034]
RIN 1615-ZA79
Automatic Extension of Employment Authorization Documentation for
Salvadoran Temporary Protected Status Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
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SUMMARY: On October 1, 2008, the Department of Homeland Security (DHS)
published a Notice in the Federal Register extending the designation of
El Salvador for Temporary Protected Status (TPS) through September 9,
2010. Beneficiaries of TPS for El Salvador are required to re-register
and obtain new Employment Authorization Documents (EADs). Since USCIS
will not be able to process and re-issue new EADs for all such
beneficiaries by the March 9, 2009, expiration date, USCIS has decided
to automatically extend the validity of EADs issued to Salvadoran
nationals (or aliens having no nationality who last habitually resided
in El Salvador) until September 9, 2009. This Notice announces that
extension and also explains how TPS beneficiaries and their employers
may determine which EADs are automatically extended.
DATES: This notice is effective December 15, 2008. The automatic
extension of EADs will begin on March 10, 2009, and will remain in
effect until September 9, 2009.
FOR FURTHER INFORMATION CONTACT: TPS Operations Program Manager, Status
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 their
individual case can check Case Status Online available at the USCIS
Web site listed above, or applicants may call the USCIS National
Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).
SUPPLEMENTARY INFORMATION:
Why is USCIS automatically extending the validity of EADs for
Salvadoran TPS beneficiaries?
Considering the large number of applications, it is likely that
many re-registrants will not receive their new EADs until after the
expiration date of their current EADs. In order to prevent a gap in
employment authorization for qualified re-registrants, DHS will
automatically extend the validity of EADs for Salvadoran TPS
beneficiaries until September 9, 2009.
Who is eligible to receive an automatic six-month EAD extension from
March 10, 2009, to September 9, 2009?
You are eligible to receive an automatic six-month extension of an
EAD, if you:
[[Page 76040]]
Are a national of El Salvador (or an alien having no
nationality who last habitually resided in El Salvador);
Applied for and received an EAD under the designation of
El Salvador for TPS; and
Have 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 March
9, 2009. These EADs must also bear the notation ``A-12'' or ``C-19'' on
the face of the card under ``Category.''
If employment authorization is valid until September 9, 2009, why
should I file for re-registration now?
DHS has granted a one time automatic extension of EADs through
September 9, 2009. This allows USCIS additional time to process EAD
applications for re-registrants and ensure that a gap in status does
not occur. Applications for re-registration that are received by USCIS
on or before December 30, 2008 may be processed prior to the EAD
expiration date of March 9, 2009. However, in order to maintain TPS
benefits through September 9, 2010, 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
Federal Notice 73 FR 57128 (October 1, 2008), to USCIS. Those
applications that are received after December 30, 2008 may take
considerably longer to process. Although this Notice extends the EAD
through September 9, 2009, applicants for re-registration should file
their applications early to allow ample time for processing so that a
gap in TPS benefits does not occur. There will not be a second
automatic extension for EAD.
How may employers determine whether an EAD has been automatically
extended for six months, through September 9, 2009, and is therefore
acceptable for completion of the Form I-9, Employment Eligibility
Verification?
An EAD that has been automatically extended for six months by this
Notice through September 9, 2009, 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 March 9, 2009, on the face of the card. New EADs or
extension stickers showing the September 9, 2009, expiration date of
the six-month automatic extension will not be issued. Employers should
not request proof of Salvadoran 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 setting
forth re-verification requirements. For questions, employers may
call the USCIS Customer Assistance Office at 1-800-357-2099.
Employers may also 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. Employees or applicants
may call the OSC Employee Hotline at 1-800-255-7688 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 six-month extension expires on September 9, 2009?
Eligible TPS aliens will possess an EAD on Form I-766 with an
expiration date of September 9, 2010. 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?
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 EAD to their employers, as described above, as
proof of identity and employment authorization through September 9,
2009. 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 September 9, 2009. After September
9, 2009, a qualified individual may present a new EAD valid through
September 9, 2010.
In the alternative, any legally acceptable document or combination
of documents as listed on the Form I-9 may be presented as proof of
identity and employment eligibility.
Dated: December 9, 2008.
Michael L. Aytes,
Acting Deputy Director, U.S. Citizenship and Immigration Services.
[FR Doc. E8-29511 Filed 12-12-08; 8:45 am]
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