[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Notices]
[Page 13245-13249]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr08-107]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2436-07; DHS Docket No. USCIS-2007-0062]
RIN 1615-ZA64
Extension of the Designation of Somalia for Temporary Protected
Status; Automatic Extension of Employment Authorization Documentation
for Somali Temporary Protected Status Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
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SUMMARY: This Notice announces that the designation of Somalia for
temporary protected status (TPS) has been extended for 18 months
through September 17, 2009, from its current expiration date of March
17, 2008. 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 and to apply for
an extension of their employment authorization documents (EADs) for the
additional 18-month period. Re-registration is limited to persons who
have previously registered for TPS under the designation of Somalia and
whose applications have been granted or remain pending. Certain
nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia) who have not previously applied 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 re-registrants may not receive a new EAD until after
their current EAD expires on March 17, 2008. Accordingly, this Notice
automatically extends the validity of EADs issued under the TPS
designation of Somalia for 6 months, through September 17, 2008 and
explains how TPS beneficiaries and their employers may determine which
EADs are automatically extended. DHS will issue new EADs with the
September 17, 2009 expiration date to eligible TPS beneficiaries who
timely re-register and apply for an EAD.
DATES: The extension of the TPS designation of Somalia is effective
March 18, 2008 and will remain in effect through September 17, 2009.
The 60-day re-registration period begins March 12, 2008 and will remain
in effect until May 12, 2008. To facilitate processing of applications,
applicants are strongly encouraged to file as soon as possible after
the start of the 60-day re-registration period beginning on March 12,
2008.
FOR FURTHER INFORMATION CONTACT: Shelly Sweeney, Status and Family
Branch, Office of Service Center Operations, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue, NW., 2nd Floor, Washington, DC 20529, telephone (202) 272-1533.
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 Notice and the
information contained herein. 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:
Abbreviations and Terms Used in This Document
Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
DOS--Department of State
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 Have To Extend
the Designation of Somalia for TPS?
Section 244(b)(1) of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a(b)(1), authorizes the Secretary of Homeland Security
(Secretary), after consultation with appropriate agencies
[[Page 13246]]
of the Government, to designate a foreign State (or part thereof) for
TPS. 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). 8 U.S.C. 1254a(a)(1)(A).
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 the 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), (C). If the
Secretary determines that the foreign State no longer meets the
conditions for the TPS designation, he must terminate the designation.
8 U.S.C. 1254a(b)(3)(B).
Why Did the Secretary Decide To Extend the TPS Designation of Somalia?
On September 16, 1991, the Attorney General published a notice in
the Federal Register, at 56 FR 46804, designating Somalia for TPS due
to on-going armed conflict and extraordinary and temporary conditions
within the country. Subsequent to that date, 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 re-designated TPS for
Somalia by publishing a notice in the Federal Register at 66 FR 46288.
Since that date, the Attorney General and the Secretary of Homeland
Security have extended the TPS designation of Somalia five 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). The most recent extension became effective on
September 17, 2006, and is due to expire on March 17, 2008. See 71 FR
42658.
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Somalia. Based on this review, DHS
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 2001 re-designation persist.
The situation in Somalia has continued to deteriorate since the
last extension of TPS. It has been estimated that there are 3,000
combatants fighting against the Transitional Federal Government (TFG)
in Mogadishu and 50,000 to 70,000 clan militia operating in Somalia.
Between February and April 2007, approximately 1,000 individuals were
killed, and 400,000 individuals were displaced by fighting. Over 60% of
those killed were elderly, women, and children.
In April 2007, clashes erupted between Puntland and Somaliland,
which had been previously considered relatively stable regions in
Somalia. Furthermore, two events in May 2007 put humanitarian workers'
safety into question: First, a non-governmental organization (NGO)
convoy was attacked in Buloburti, and second, two CARE International
staff members returning from Puntland were kidnapped. These two
incidents provide additional evidence of the instability of conditions
in Somalia at this time.
Between June and August 2007, an additional 50,000 individuals were
displaced from Mogadishu. There has been an increase in the use of
roadside bombs, vehicle-borne explosives, and suicide bombing by
insurgent forces. Although a six-week national reconciliation
conference was held in July and August 2007, the Union of Islamic
Courts and leaders of the Hawiye clan (which is the dominant clan in
Mogadishu) did not participate. As such, the conflict in Somalia is
unlikely to end in the near future.
Based upon this review, the Secretary has determined, after
consultation with the appropriate Government agencies, that the
conditions that prompted the designation of Somalia for TPS continue to
be met. See 8 U.S.C. 1254a(b)(3)(A). There is an ongoing armed conflict
and extraordinary and temporary conditions in Somalia that 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 finds 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 8
U.S.C. 1254a(b)(1)(C). 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-month period. See 8
U.S.C. 1254a(b)(3)(C). There are approximately 300 nationals of Somalia
(or aliens having no nationality who last habitually resided in
Somalia) who are eligible for TPS under this designation.
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 re-designation of Somalia for temporary
protected status (TPS) on September 4, 2001, continue to be met. See 8
U.S.C. 1254a(b)(3)(A). Accordingly, I am extending the TPS designation
of Somalia for 18 months from March 18, 2008 through September 17,
2009.
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 must re-register for TPS during the
60-day re-registration period from March 12, 2008 until May 12, 2008.
To re-register, aliens must follow the filing procedures set forth in
this Notice. For instructions on this extension, please refer to the
following attachments, which include 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.
Dated: February 25, 2008.
Michael Chertoff,
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 March 17, 2008.
All TPS beneficiaries must comply with the re-registration requirements
described in this Notice in order to maintain TPS benefits through
September 17, 2009. TPS benefits include temporary protection against
removal from the United States and employment authorization during the
TPS designation period. 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. 8
U.S.C. 1254a(c)(3)(C).
[[Page 13247]]
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 Table 1 below.
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.
Aliens who have previously registered for TPS, but whose applications
remain pending, should follow these instructions if they wish to renew
their TPS benefits. All TPS re-registration applications submitted
without the required fees will be returned to the applicant. All fee
waiver requests should be filed in accordance with 8 CFR 244.20. If you
received an 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
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If And Then
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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 September for Employment
17, 2009. 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
and you are between the with the $50 fee or
ages of 14 and 65 fee waiver request
(inclusive). and 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
and Form I-765 with
no fee.
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,
Application for
Temporary Protected
Status, with no
fee.
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Certain applicants must also submit a Biometric Service Fee (See
Table 2).
Table 2.--Biometric Service Fee
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If And Then
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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
waiver request.
2. You are applying 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 You are applying for You must submit a
years of age. an EAD. Biometric Service
fee of $80 or a fee
waiver request.
You are younger than 14 You are NOT applying You do NOT need to
years of age. for an EAD. submit a Biometric
Service fee.
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What Edition of the Form I-821 Should I Submit?
Only the edition of Form I-821 dated November 5, 2004 or later will
be accepted. The revision date can be found in the bottom right corner
of the form. The proper form 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 following address:
U.S. Citizenship and Immigration Services,
Attn: TPS Somalia,
P.O. Box 8677,
Chicago, IL 60680-8677.
Or, for non-U.S. Postal Service deliveries, mail your application
to:
[[Page 13248]]
U.S. Citizenship and Immigration Services,
Attn: TPS Somalia,
427 S. LaSalle-3rd Floor,
Chicago, IL 60605-1029.
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?
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If Then
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One or more of the questions listed in You must submit an explanation,
Part 4, Question 2 of Form I-821 on a separate sheet(s) of
applies to you. paper, and/or additional
documentation must be
provided.
You were granted TPS by an Immigration You must include evidence of
Judge or the Board of Immigration the grant of TPS (such as an
Appeals. order from the Immigration
Judge) with your application
package.
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Can I File My Application Electronically?
If you are filing for re-registration and do not need to submit
supporting documentation 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.
What Is Late Initial Registration?
Some persons may be eligible for late initial registration under 8
CFR 244.2. In order to be eligible for late initial registration, an
applicant 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 Immigration and Nationality Act (Act), and
not ineligible under section 244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate that,
during the initial registration period (from September 4, 2001 to
December 3, 2001), 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) Is 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. 8 CFR 244.2(g). All late
initial registration applications for TPS, pursuant to the designation
of Somalia, should be submitted to the appropriate address in Chicago,
Illinois as defined in Table 3.
Are Certain Aliens Ineligible for TPS?
Yes. There are certain criminal and terrorism-related
inadmissibility grounds that render an alien ineligible for TPS. See 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 the bars to asylum
in section 208(b)(2)(A) of the Act, 8 U.S.C. 1158(b)(2)(A). See 8
U.S.C. 1254a(c)(2)(B)(ii).
If I Currently Have TPS, Can I Lose my TPS Benefits?
An individual granted TPS will have his or her TPS withdrawn if the
alien is not in fact eligible for TPS, if the alien fails to timely re-
register for TPS without good cause, or if the alien fails to maintain
continuous physical presence in the United States. See 8 U.S.C.
1254a(c)(3)(A)-(C).
Does TPS Lead to Lawful Permanent Residence?
No. TPS is a temporary benefit that does not lead to lawful
permanent residence or confer any other immigration status. 8 U.S.C.
1254a, (f)(1), and (h). When a country's TPS designation is terminated,
TPS beneficiaries will maintain the same immigration status that they
held prior to TPS (unless that status has since expired or been
terminated), or any other status they may have acquired while
registered for TPS. Accordingly, if an alien held no lawful immigration
status prior to being granted TPS and did not obtain any other status
during the TPS period, he or she 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, are expected to 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
non-immigrant status, filing for adjustment of status based on an
immigrant petition, or applying for any other immigration benefit or
protection. 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
the alien is granted TPS. See 8 U.S.C. 1254a(f)(4).
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 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. See 8 U.S.C. 1158(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii).
Does This Extension Allow Nationals of Somalia (Or Aliens Having no
Nationality Who Last Habitually Resided in Somalia) Who Entered the
United States After September 4, 2001, To File for TPS?
No. An extension of a TPS designation does not change the required
dates of continuous residence and continuous physical presence in the
United States. This extension does not
[[Page 13249]]
expand TPS eligibility to those that are not eligible currently. To be
eligible for benefits under this extension, nationals 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.
Employment Authorization Document Automatic Extension Guidelines
Who is Eligible To Receive an Automatic Extension of His or Her EAD
From March 17, 2008 to September 17, 2008?
To receive an automatic 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 March 17, 2008. These EADs must also bear the notation ``A-12''
or ``C-19'' on the face of the card under ``Category.''
If I Am Currently Registered Under the Designation of Somalia for TPS
and Am Re-Registering for TPS, How Do I Receive an Extension of my EAD
After the Automatic Six-Month Extension?
TPS re-registrants will receive a notice in the mail with
instructions as to whether or not they will be required to appear at a
USCIS Application Support Center (ASC) for biometrics collection. To
increase efficiency and improve customer service, whenever possible
USCIS will reuse previously-captured biometrics and conduct the
security checks using those biometrics, such that you may not be
required to appear at an ASC.
Regardless of whether you are required to appear at an ASC, you are
required to pay the biometrics fee or submit a fee waiver request
during this re-registration. The fee will cover the USCIS costs
associated with the use of the collected biometrics for FBI and other
background checks. In addition, the fee helps pay for the costs of
electronic storage of an applicants' biometrics, maintenance of the
systems and technology for storing and utilizing the fingerprints, and
for paying costs associated with requesting the FBI's reports to USCIS,
among other biometrics-related procedures. USCIS fees fund the cost of
processing applications and petitions for immigration benefits and
services, and USCIS' associated operating costs. See section 286(m) of
the Act, 8 U.S.C. 1356(m) (allowing for full recovery of costs of
providing adjudication and naturalization services); 8 CFR 103.7.
If you are required to 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.
If no further action is required for your case, you will receive a new
EAD by mail valid through September 17, 2009. 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. Once
your case is resolved and if your application is approved, you will
receive a new EAD in the mail with an expiration date of September 17,
2009.
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 September 17, 2008 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 17, 2008 will be a Form I-766 bearing the
notation ``A-12'' or ``C-19'' on the face of the card under
``Category,'' and have an expiration date of March 17, 2008, on the
face of the card. New EADs or extension stickers showing the September
17, 2008, expiration date of the six-month automatic extension will not
be issued. Employers should not request proof of Somali 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. 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.
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 17, 2008?
Eligible TPS aliens will possess an EAD with an expiration date of
September 17, 2009. The EAD will be a Form I-766 bearing 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 EAD to their employer, as described above, as proof of identity
and employment authorization through September 17, 2008. 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 17, 2008. After September 17, 2008, a
qualified individual may present a new EAD valid through September 17,
2009.
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.
[FR Doc. E8-4898 Filed 3-11-08; 8:45 am]
BILLING CODE 4410-10-P