[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Pages 24734-24737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10620]
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DEPARTMENT OF HOMELAND SECURITY
Citizenship and Immigration Services
[CIS No. 2487-09; DHS Docket No. USCIS 2010-0030]
RIN 1615-ZA93
Extension of the Designation of Honduras for Temporary Protected
Status and Automatic Extension of Employment Authorization
Documentation for Honduran TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
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SUMMARY: This Notice announces that the Secretary of Homeland Security
(Secretary) has extended the designation of Honduras for temporary
protected status (TPS) for 18 months from its current expiration date
of July 5, 2010, through January 5, 2012. This Notice also sets forth
procedures necessary for nationals of Honduras (or aliens having no
nationality who last habitually resided in Honduras) with TPS to re-
register and to apply for an extension of their employment
authorization documents (EADs) with U.S. Citizenship and Immigration
Services (USCIS). Re-registration is limited to persons who previously
registered for TPS under the designation of Honduras and whose
applications have been granted or remain pending. Certain nationals of
Honduras (or aliens having no nationality who last habitually resided
in Honduras) who have not previously applied for TPS may be eligible to
apply under the late initial registration provisions.
New EADs with a January 5, 2012, expiration date will be issued to
eligible TPS beneficiaries who timely re-register and apply for EADs.
Given the timeframes involved with processing TPS re-registration
applications, the Department of Homeland Security recognizes the
possibility that all re-registrants may not receive new EADs until
after their current EADs expire on July 5, 2010. Accordingly, this
Notice automatically extends the validity of EADs issued under the TPS
designation of Honduras for 6 months, through January 5, 2011, and
explains how TPS beneficiaries and their employers may determine which
EADs are automatically extended.
DATES: The extension of the TPS designation of Honduras is effective
July 6, 2010, and will remain in effect through January 5, 2012. The
60-day re-registration period begins May 5, 2010, and will remain in
effect until July 6, 2010.
FOR FURTHER INFORMATION CONTACT:
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS Web site at http://www.uscis.gov. Select ``Temporary
Protected Status'' from the homepage. You can find detailed information
about this TPS extension on our Web site at the Honduran Questions &
Answers Section.
You can also contact the TPS Operations Program Manager,
Status and Family Branch, Service Center Operations Directorate, 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. 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 cases can check Case
Status Online available at the USCIS Web site at http://www.uscis.gov,
or call the USCIS National Customer Service Center at 1-800-375-5283
(TTY 1-800-767-1833).
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
Act--Immigration and Nationality Act
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration Related Unfair Employment Practices
PRRAC--European Union's Regional Program for the Reconstruction of
Central America
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USAID--U.S. Agency for International Development
USCIS--U.S. Citizenship and Immigration Services
[[Page 24735]]
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 obtained while registered for TPS.
What authority does the Secretary of Homeland Security have to extend
the designation of Honduras for TPS?
Section 244(b)(1) of the Immigration and Nationality 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 transferred under the HSA from the Department of Justice
to the Department of Homeland Security ``shall be deemed to refer to
the Secretary'' of Homeland Security. See 6 U.S.C. 557 (2003)
(codifying HSA, tit. XV, sec. 1517).
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At least 60 days before the expiration of a TPS designation, the
Secretary, after consultation 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. Section 244(b)(3)(A), (C) of the Act,
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,
the Secretary must terminate the designation. Section 244(b)(3)(B) of
the Act, 8 U.S.C. 1254a(b)(3)(B).
When was Honduras designated for TPS?
On January 5, 1999, the Attorney General designated Honduras for
TPS based on an environmental disaster within that country,
specifically the devastation resulting from Hurricane Mitch. 64 FR 524.
See section 244(a)(b)(1)(B) of the Act, 8 U.S.C. 1254a(b)(1)(B). The
last extension of TPS for Honduras was announced on October 1, 2008,
based on the Secretary's determination that the conditions warranting
the designation continued to be met. 73 FR 57133. This announcement is
the ninth extension of TPS for Honduras.
Why is the Secretary extending the TPS designation for Honduras through
January 5, 2012?
Over the past year, DHS and the Department of State (DOS) have
continued to review conditions in Honduras. Based on this review, and
after consulting with the Department of State, the Secretary has
determined that an 18-month extension is warranted because there
continues to be a substantial, but temporary, disruption of living
conditions in Honduras resulting from Hurricane Mitch, and Honduras
remains unable, temporarily, to adequately handle the return of its
nationals.
Hurricane Mitch resulted in the loss of thousands of lives,
displacement of thousands more, collapse of physical infrastructure,
and severe damage to the country's economic system. See 64 FR 524 (Jan.
5, 1999) (discussing devastation caused by Hurricane Mitch). The
Department of State reports that the government and people of Honduras
continue to rely heavily on international assistance, and recovery from
Hurricane Mitch is still incomplete.
An estimated 80,000 to over 200,000 dwellings were destroyed or
severely damaged due to Hurricane Mitch. By 2005, nongovernmental
organizations had repaired or built over 15,000 housing units. However,
much of the housing still lacked water and electricity. In May 2006,
the Honduran government said that more than 600,000 people live in
areas designated as ``high risk'' for flooding. The erosion of
agricultural land caused by Mitch has not been reversed. The increased
sedimentation caused by Hurricane Mitch to many rivers and streams has
also not been reversed, causing them to rise above their banks and
flood surrounding areas even with minimal levels of rain. This has
caused a decrease in land available for food production and the
increased likelihood of flooding, landslides, and forest fires.
All health centers were fully operational and almost all schools
had reopened by the end of 1999. However, in those cases where people
had to be relocated, infrastructure and personnel for health and
education services, as well as employment opportunities, were reported
to be unavailable.
Despite improvements in the road network, the infrastructure
remains basic and vulnerable to further damage from adverse climatic
conditions. In fact, in October 2008, half the country's roads were
damaged or destroyed in flooding caused by heavy continuous rains
brought by Tropical Depression Sixteen. In addition, other natural
disasters have occurred since Hurricane Mitch, including flooding in
October 2008 and an earthquake in May 2009, which have further delayed
the recovery from Hurricane Mitch. These disasters themselves have also
caused extensive additional disruption in the affected regions and much
of the damaged infrastructure has still not been repaired or replaced.
Honduras is also currently unable to handle adequately the return
of tens of thousands of its nationals who now have TPS but no other
immigration status in the United States. Their return would greatly
aggravate Honduras' deteriorating economy by increasing unemployment.
Honduras had a per capita gross domestic product of U.S. $1,845 in
2008; an estimated 59 percent of Honduran households live in poverty;
and 36 percent of the labor force was unemployed or underemployed in
2008. The 2009 political crisis exacerbated the effects of the global
economic downturn in Honduras by significantly reducing economic
activity, particularly in the industrial and tourist sectors, and
increasing unemployment. Honduras therefore remains ill-equipped to
handle adequately the return of Hondurans in the United States who are
TPS beneficiaries.
Based on this review and after consultation with the appropriate
Government agencies, the Secretary finds that:
The conditions that prompted the January 5, 1999,
designation of Honduras for TPS continue to be met. See section
244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A).
There continues to be a substantial, but temporary,
disruption in living conditions in Honduras as the result of an
environmental disaster. See section 244(b)(1)(B) of the Act, 8 U.S.C.
1254a(b)(1)(B).
Honduras continues to be unable, temporarily, to
adequately handle the
[[Page 24736]]
return of its nationals (or aliens having no nationality who last
habitually resided in Honduras). See section 244(b)(1)(B) of the Act, 8
U.S.C. 1254a(b)(1)(B).
The designation of Honduras for TPS should be extended for
an additional 18-month period. See section 244(b)(3)(C) of the Act, 8
U.S.C. 1254a(b)(3)(C).
There are approximately 66,000 nationals of Honduras (or
aliens having no nationality who last habitually resided in Honduras)
who are eligible for TPS under this extended designation.
Notice of Extension of the TPS Designation of Honduras
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 designation of Honduras for temporary
protected status (TPS) on January 5, 1999, continue to be met. See
section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the basis
of this determination, I am extending the TPS designation of Honduras
for 18 months from July 6, 2010, through January 5, 2012.
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees To Register or Re-
register for TPS
To register or re-register for TPS, an applicant must submit:
1. Form I-821, Application for Temporary Protected Status,
You only need to pay the Form I-821 application fee if you
are filing an application for late initial registration.
You do not need to pay the Form I-821 fee for a re-
registration; and
2. Form I-765, Application for Employment Authorization.
If you are filing for re-registration, you must pay the
Form I-765 application fee if you want an employment authorization
document (EAD).
If you are filing for late initial registration and want
an EAD, you must pay the Form I-765 fee only if you are age 14 through
65. No EAD fee is required if you are under the age of 14 or over the
age of 65 and filing for late initial TPS registration.
You do not pay the Form I-765 fee if you are not
requesting an EAD.
You must submit both completed application forms together. You may
apply for application and/or biometrics fee waivers if you are unable
to pay and you can provide proof through satisfactory supporting
documentation. For more information on the application forms and
application fees for TPS, please visit the USCIS Web site at http://www.uscis.gov.
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age or older. Those applicants must submit a biometric
services fee. For more information on the biometric services fee,
please visit the USCIS Web site at http://www.uscis.gov.
Mailing Information
Mail your application for TPS to the proper address in Table 1:
Table 1--Mailing Addresses
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If . . . Mail to . . .
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You are applying for re-registration USCIS, Attn: TPS Honduras, P.O.
through US Postal Service. Box 6943, Chicago, IL 60680-
6943.
You are applying for the first time as U.S. Citizenship and
a late initial registrant through US Immigration Services, Attn:
Postal Service. TPS Honduras, P.O. Box 6943,
Chicago, IL 60680-6943.
You are using a Non-US Postal Service USCIS, Attn: TPS Honduras, 131
delivery service for both re- S. Dearborn--3rd Floor,
registration and first time late Chicago, IL 60603-5517.
initial registration.
You were granted TPS by an Immigration USCIS, Attn: TPS Honduras, P.O.
Judge (IJ) or the Board of Immigration Box 7332, Chicago, IL 60680-
Appeals (BIA), and you wish to request 7332.
an EAD or are re-registering for the
first time.
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E-Filing
If you are re-registering for TPS during the re-registration period
and you do not need to submit any supporting documents or evidence, you
are eligible to file your applications electronically. For more
information on e-filing, please visit the USCIS E-Filing Reference
Guide at the USCIS Web site at http://www.uscis.gov.
Employment Authorization Document (EAD)
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at local offices.
Am I eligible to receive an automatic 6-month EAD extension from July
6, 2010, through January 5, 2011?
To receive an automatic 6-month extension of your EAD:
You must be a national of Honduras (or an alien having no
nationality who last habitually resided in Honduras) who has applied
for and received an EAD under the designation of Honduras for TPS, and
You 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 July
5, 2010. These EADs must also bear the notation ``A-12'' or ``C-19'' on
the face of the card under ``Category.''
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 6-month automatic extension of their
EADs by virtue of this Federal Register notice may present their
extended TPS-based EADs, as described above, to their employers as
proof of identity and employment authorization through January 5, 2011.
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 January 5, 2011.
After January 5, 2011, TPS beneficiaries may present their EADs on
Form I-766 with an extension date of January 5, 2012, to their
employers as proof of employment authorization and identity. The EAD
will bear the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.'' After January 5, 2011, employers may not accept
EADs that no longer have a valid date.
Employers should not request proof of Honduran citizenship.
Employers should accept the EADs as valid ``List A'' documents.
Employers should not ask
[[Page 24737]]
for additional Form I-9 documentation if presented with an EAD that has
been automatically extended or a new valid EAD pursuant to this Federal
Register notice, and the EAD reasonably appears on its face to be
genuine and to relate to the employee. Employees also may present any
other legally acceptable document or combination of documents listed on
the Form I-9 as proof of identity and employment eligibility.
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. 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.
Note to Employees
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.justice.gov/crt/osc/.
[FR Doc. 2010-10620 Filed 5-4-10; 8:45 am]
BILLING CODE 9111-97-P