[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Pages 12313-12319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04355]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2661-20; DHS Docket No. USCIS-2015-0005]
RIN 1615-ZB76
Extension of the Designation of Yemen for Temporary Protected
Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Yemen for Temporary Protected Status (TPS)
for 18 months, from March 4, 2020, through September 3, 2021. The
extension allows currently eligible TPS beneficiaries to retain TPS
through September 3, 2021, so long as they otherwise continue to meet
the eligibility requirements for TPS.
This notice also sets forth procedures necessary for nationals of
Yemen (or aliens having no nationality who last habitually resided in
Yemen) to re-register for TPS and to apply for Employment Authorization
Documents (EADs) with U.S. Citizenship and Immigration Services
(USCIS). USCIS will issue new EADs with a September 3, 2021, expiration
date to eligible beneficiaries under Yemen's TPS designation who timely
re-register and apply for EADs under this extension.
DATES: Extension of Designation of Yemen for TPS: The 18-month
extension of the TPS designation of Yemen is effective March 4, 2020,
and will remain in effect through September 3, 2021. The 60-day re-
registration period runs from March 2, 2020 through May 1, 2020. (Note:
It is important for re-registrants to timely re-register during this
60-day period and not to wait until their EADs expire.)
FOR FURTHER INFORMATION CONTACT:
You may contact Maureen Dunn, Chief, Humanitarian Affairs
Division, Office of Policy and Strategy, U.S. Citizenship and
Immigration Services, U.S. Department of Homeland Security, by mail at
20 Massachusetts Avenue NW, Washington, DC 20529-2060, or by phone at
800-375-5283.
For further information on TPS, including guidance on the
re-registration process and additional information on eligibility,
please visit the USCIS TPS web page at
[[Page 12314]]
www.uscis.gov/tps. You can find specific information about this
extension of Yemen's TPS designation by selecting ``Yemen'' from the
menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of
your questions and point you to additional information on our website.
If you are unable to find your answers there, you may also call our
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at www.uscis.gov, or call the USCIS Contact Center at 800-375-
5283 (TTY 800-767-1833).
Further information will also be available at local USCIS
offices upon publication of this notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and
Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Through this notice, DHS sets forth procedures necessary for
eligible nationals of Yemen (or aliens having no nationality who last
habitually resided in Yemen) to re-register for TPS and to apply for
renewal of their EADs with USCIS. Re-registration is limited to persons
who have previously registered for TPS under the designation of Yemen
and whose applications have been granted.
For aliens who have already been granted TPS under Yemen's
designation, the 60-day re-registration period runs from March 2, 2020
through May 1, 2020. USCIS will issue new EADs with a September 3,
2021, expiration date to eligible Yemeni TPS beneficiaries who timely
re-register and apply for EADs. Given the timeframes involved with
processing TPS re-registration applications, DHS recognizes that all
re-registrants may not receive new EADs before their current EADs
expire on March 3, 2020. Accordingly, through this Federal Register
notice, DHS automatically extends the validity of these EADs issued
under the TPS designation of Yemen for 180 days, through August 30,
2020. Additionally, aliens who have EADs with an expiration date of
September 3, 2018, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also
covered by this automatic extension. Therefore, TPS beneficiaries who
have EADs with: (1) A March 3, 2020 or September 3, 2018 expiration
date and (2) an A-12 or C-19 category code, can show these EADs as
proof of continued employment authorization through August 30, 2020.
This notice explains how TPS beneficiaries and their employers may
determine which EADs are automatically extended and how this affects
the Employment Eligibility Verification (Form I-9), E-Verify, and USCIS
Systematic Alien Verification for Entitlements (SAVE) processes.
Aliens who have a Yemen-based Application for Temporary Protected
Status (Form I-821) and/or Application for Employment Authorization
(Form I-765) that was still pending as of March 2, 2020 do not need to
file either application again. If USCIS approves an alien's Form I-821,
USCIS will grant the TPS through September 3, 2021. Similarly, if USCIS
approves a pending TPS-related Form I-765, it will be valid through the
same date. There are currently approximately 1,647 beneficiaries under
Yemen's TPS designation.
What Is Temporary Protected Status?
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA), or to eligible persons without nationality who
last habitually resided in the designated country.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to obtain EADs so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion.
The granting of TPS does not result in or lead to lawful
permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary terminates a country's TPS designation,
beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
been terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.
When was Yemen designated for TPS?
Former Secretary of Homeland Security Jeh Johnson initially
designated Yemen for TPS on September 3, 2015, based on ongoing armed
conflict in the country resulting from the July 2014 offensive by the
Houthis, a northern opposition group that initiated a violent,
territorial expansion across the country, eventually forcing Yemeni
government leaders into exile in Saudi Arabia. See Designation of
Republic of Yemen for Temporary Protected Status, 80 FR 53319 (Sept. 3,
2015). On January 4, 2017, former Secretary Johnson announced an 18-
month extension of Yemen's existing designation and a new designation
of Yemen for TPS on the dual bases of ongoing armed conflict and
extraordinary and temporary conditions. See Extension and Redesignation
of Republic of Yemen for Temporary Protected Status, 82 FR 859 (Jan. 4,
2017).
More recently, in July 2018, former Secretary Kirstjen Nielsen
extended Yemen's designation for 18 months, though March 3, 2020. See
Extension of the Designation of Yemen for Temporary Protected Status,
83 FR 40307 (Aug. 14, 2018).
What authority does the Secretary have to extend the designation of
Yemen for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government (Government), to designate a foreign state (or part thereof)
for TPS if the Secretary determines that certain
[[Page 12315]]
country conditions exist.\1\ The decision to designate any foreign
state (or part thereof) is a discretionary decision, and there is no
judicial review of any determination with respect to the designation,
or termination of, or extension of, a designation. The Secretary, in
his discretion, may then grant TPS to eligible nationals of that
foreign state (or eligible aliens having no nationality who last
habitually resided in the designated country). See INA section
244(a)(1)(A), 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, Public Law 107-296,
116 Stat. 2135, any reference to the Attorney General in a provision
of the INA describing functions transferred from the Department of
Justice to DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
Act of 2002, tit. XV, section 1517).
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At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary does not
determine that the foreign state no longer meets the conditions for TPS
designation, the designation will be extended for an additional period
of 6 months or, in the Secretary's discretion, 12 or 18 months. See INA
section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the
Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for Yemen through
September 3, 2021?
DHS has reviewed conditions in Yemen. Based on the review,
including input received from other Government agencies, the Secretary
has determined that an 18-month extension is warranted because the
ongoing armed conflict and extraordinary and temporary conditions
supporting Yemen's TPS designation remain.
Now in its fifth year, the conflict in Yemen continues, with
ongoing clashes between the Houthi and government forces in Yemen. The
Saudi-led coalition continues to wage a persistent air campaign against
the Houthis and their allies, and fighting between government forces
and the United Arab Emirates-backed Southern Transition Council (STC)
initiated a new wave of violence in the south in 2019. In addition,
terrorist groups, including Al-Qaeda in the Arabian Peninsula (AQAP)
and a faction of the self-described Islamic State (IS-Y), carried out
hundreds of attacks throughout Yemen in 2018 and 2019.
Civilians in Yemen continue to be killed and injured and to suffer
numerous human rights abuses and violations, including those involving
unlawful or arbitrary killings, forced disappearances, torture, sexual
violence, arbitrary arrest and detention, and harsh and life-
threatening prison conditions. Saudi-led coalition airstrikes have
resulted in civilian casualties on multiple occasions. Houthi forces
have used banned antipersonnel landmines, recruited children, and fired
artillery into cities including Taiz and Aden, killing and wounding
civilians. Government and Houthi security forces have committed rape
and other forms of serious sexual violence targeting foreign migrants,
internally displaced persons (IDPs), and other vulnerable groups. Non-
state actors, including tribal militias, militant secessionist
elements, AQAP, and IS-Y have also reportedly committed significant
human rights abuses with impunity.
The United Nations has reported that there have been at least
102,000 civilian fatalities due to armed conflict in Yemen since 2015.
2018 was the deadliest year of the conflict to date, with 30,800
reported fatalities. From January-June 2019, 11,900 civilian fatalities
were reported, also according to NGO reports.
Yemen continues to experience a significant humanitarian crisis. An
estimated 24.1 million people--about 80 percent of the country's
population of 30.5 million--require humanitarian assistance, according
to the United Nations. From 2016 to 2018, as many as 4.3 million people
were internally displaced in Yemen. An estimated 3.6 million remained
displaced as of late 2019, while 1 million have returned from
displacement to their places of origin, according to the United Nations
Office for the Coordination of Humanitarian Affairs (UNOCHA). According
to the International Organization for Migration, more than 190,000
people, including about 65,000 Yemenis, have fled to neighboring
countries since the outbreak of the conflict. Yemen currently hosts
more than 422,000 refugees, asylum-seekers, and migrants, many of whom
grew more vulnerable due to the worsening security and economic
situation in 2018, according to UNOCHA. More than 30 percent of new
arrivals to Yemen are unaccompanied minors, also according to UNOCHA.
Yemen relies on imports for approximately 90 percent of staple food
supplies, according to UNOCHA. Prior to 2015, Yemen was already
suffering from significant food insecurity. In March 2019, the World
Food Program declared that Yemen was experiencing the world's largest
food crisis, affecting 20.1 million individuals. Of those experiencing
food insecurity, 9.9 million are facing acute food insecurity. There
are nearly 2.3 million suspected cholera cases, and more than 3,700
associated deaths from cholera, since April 2017, according to the
World Health Organization.
Years of protracted conflict have severely damaged much of Yemen's
critical infrastructure, according to UNOCHA. The conflict has caused
significant destruction of housing, medical facilities, schools, and
power and water utilities, limiting the availability of electricity,
clean water, and medical care and hampering the ability of humanitarian
organizations to deliver critically needed food, medicine, and water,
according to a 2019 DOS Yemen Travel Advisory. In 2019, the escalating
conflict extensively damaged the remaining public and civilian
infrastructure, also according to UNOCHA.
Yemen's economy continues to deteriorate due to the ongoing
conflict. The country's Gross Domestic Product (GDP) is estimated to
have contracted by almost 40 percent since the end of 2014, although
official statistics remain unavailable, according to the World Bank.
The decline in economic activity has in turn led to a significant
reduction in revenue collection, and increased the country's debt.
Along with growing debt, a sharp increase in inflation and a large
depreciation in the exchange rate from April 2018 to April 2019
dramatically reduced household purchasing power. The share of the
population living below the poverty line has notably increased since
the conflict began, with current projections indicating that more than
75 percent of the total population lives below the poverty line, also
according to the World Bank.
Based upon this review, and after consultation with appropriate
Government agencies, the Secretary has determined that:
The conditions supporting Yemen's designation for TPS
continue to be met. See INA section 244(b)(3)(A) and (C), 8 U.S.C.
1254a(b)(3)(A) and (C).
There continues to be an ongoing armed conflict in Yemen
and, due to
[[Page 12316]]
such conflict, requiring the return to Yemen of Yemeni nationals (or
aliens having no nationality who last habitually resided in Yemen)
would pose a serious threat to their personal safety. See INA section
244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A).
There continue to be extraordinary and temporary
conditions in Yemen that prevent Yemeni nationals (or aliens having no
nationality who last habitually resided in Yemen) from returning to
Yemen in safety, and it is not contrary to the national interest of the
United States to permit Yemeni TPS beneficiaries to remain in the
United States temporarily. See INA section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C).
The designation of Yemen for TPS should be extended for an
18-month period, from March 4, 2020, through September 3, 2021. See INA
section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Notice of Extension of the TPS Designation of Yemen
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, the conditions supporting Yemen's
designation for TPS continue to be met. See INA section 244(b)(3)(A), 8
U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am
extending the existing designation of TPS for Yemen for 18 months, from
March 4, 2020, through September 3, 2021. See INA section 244(b)(1)(A),
(b)(1)(C); 8 U.S.C. 1254a(b)(1)(A), (b)(1)(C).
Chad F. Wolf,
Acting Secretary.
Required Application Forms and Application Fees to Re-Register for TPS
To re-register for TPS based on the designation of Yemen, you must
submit an Application for Temporary Protected Status (Form I-821).
There is no Form I-821 fee for re-registration. See 8 CFR 244.17. You
may be required to pay the biometric services fee. Please see
additional information under the ``Biometric Services Fee'' section of
this notice.
Through this Federal Register notice, your existing EAD issued
under the TPS designation of Yemen with the expiration date of March 3,
2020, is automatically extended for 180 days, through August 30, 2020.
Although not required to do so, if you want to obtain a new EAD valid
through September 3, 2021, you must file an Application for Employment
Authorization (Form I-765) and pay the Form I-765 fee (or submit a
Request for a Fee Waiver (Form I-912)). If you do not want a new EAD,
you do not have to file Form I-765 and pay the Form I-765 fee. If you
do not want to request a new EAD now, you may also file Form I-765 at a
later date and pay the fee (or request a fee waiver), provided that you
still have TPS or a pending TPS application.
Additionally, aliens who have EADs with an expiration date of
September 3, 2018, and who applied for a new EAD during the last re-
registration period but have not yet received their new EADs are also
covered by this automatic EAD extension through August 30, 2020. You do
not need to apply for a new EAD to benefit from this 180-day automatic
extension. If you have a Form I-821 and/or Form I-765 that was still
pending as of March 2, 2020, then you do not need to file either
application again. If USCIS approves your pending TPS application,
USCIS will grant you TPS through September 3, 2021. Similarly, if USCIS
approves your pending TPS-related Form I-765, USCIS will issue you a
new EAD that will be valid through the same date.
You may file the application for a new EAD either prior to or after
your current EAD has expired. However, you are strongly encouraged to
file your application for a new EAD as early as possible to avoid gaps
in the validity of your employment authorization documentation and to
ensure that you receive your new EAD by August 30, 2020.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at www.uscis.gov/tps. Fees for the
Form I-821, the Form I-765, and biometric services are also described
in 8 CFR 103.7(b)(1)(i).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must submit a biometric
services fee. For more information on the application forms and fees
for TPS, please visit the USCIS TPS web page at www.uscis.gov/tps. If
necessary, you may be required to visit an Application Support Center
to have your biometrics captured. For additional information on the
USCIS biometrics screening process, please see the USCIS Customer
Profile Management Service Privacy Impact Assessment, available at
www.dhs.gov/privacy.
Refiling a TPS Re-Registration Application After Receiving a Denial of
a Fee Waiver Request
You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any
EAD promptly. Properly filing early will also allow you to have time to
refile your application before the deadline, should USCIS deny your fee
waiver request. If, however, you receive a denial of your fee waiver
request and are unable to refile by the re-registration deadline, you
may still refile your Form I-821 with the biometrics fee. USCIS will
review this situation to determine whether you established good cause
for late TPS re-registration. However, you are urged to refile within
45 days of the date on any USCIS fee waiver denial notice, if possible.
See INA section 244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(b).
For more information on good cause for late re-registration, visit the
USCIS TPS web page at www.uscis.gov/tps. Following denial of your fee
waiver request, you may also refile your Form I-765 with fee either
with your Form I-821 or at a later time, if you choose.
Note: Although a re-registering TPS beneficiary age 14 and
older must pay the biometric services fee (but not the Form I-821
fee) when filing a TPS re-registration application, you may decide
to wait to request an EAD. Therefore, you do not have to file the
Form I-765 or pay the associated Form I-765 fee (or request a fee
waiver) at the time of re-registration, and could wait to seek an
EAD until after USCIS has approved your TPS re-registration
application. If you choose to do this, to re-register for TPS you
would only need to file the Form I-821 with the biometrics services
fee, if applicable, (or request a fee waiver).
Mailing Information
Mail your application for TPS to the proper address in Table 1.
Table 1--Mailing Addresses
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If you would like to send your application Then, mail your application
by: to:
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U.S. Postal Service....................... U.S. Citizenship and
Immigration Services, Attn:
TPS Yemen, P.O. Box 6943,
Chicago, IL 60680-6943.
A non-U.S. Postal Service courier......... U.S. Citizenship and
Immigration Services, Attn:
TPS Yemen, 131 S Dearborn
Street--3rd Floor, Chicago,
IL 60603-5517.
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If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the
BIA, please
[[Page 12317]]
mail your application to the appropriate mailing address in Table 1.
When re-registering and requesting an EAD based on an IJ/BIA grant of
TPS, please include a copy of the IJ or BIA order granting you TPS with
your application. This will help us to verify your grant of TPS and
process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying or
registering for TPS on the USCIS website at www.uscis.gov/tps under
``Yemen.''
Employment Authorization Document (EAD)
How can I obtain information on the status of my EAD request?
To get case status information about your TPS application,
including the status of an EAD request, you can check Case Status
Online at www.uscis.gov, or call the USCIS Contact Center at 800-375-
5283 (TTY 800-767-1833). If your Form I-765 has been pending for more
than 90 days, and you still need assistance, you may request an EAD
inquiry appointment with USCIS at my.uscis.gov/en/appointment/v2.
However, we strongly encourage you first to check Case Status Online or
call the USCIS Contact Center for assistance before requesting an
appointment online.
Am I eligible to receive an automatic extension of my current EAD
through August 30, 2020, through this Federal Register notice?
Yes. Provided that you currently have a Yemen TPS-based EAD
described below, this notice automatically extends your EAD through
August 30, 2020, if you are a national of Yemen (or an alien having no
nationality who last habitually resided in Yemen); and have one of the
following:
An EAD with a marked expiration date of March 3, 2020,
bearing the notation A-12 or C-19 on the face of the card under
Category, or
An EAD with a marked expiration date of September 3, 2018,
bearing the notation A-12 or C-19 on the face of the card under
Category and you applied for a new EAD during the last re-registration
period but have not yet received a new EAD.
Although this Federal Register notice automatically extends your
EAD through August 30, 2020, you must re-register timely for TPS in
accordance with the procedures described in this Federal Register
notice to maintain your TPS.
When hired, what documentation may I show to my employer as evidence of
employment authorization and identity when completing Form I-9?
You can find the Lists of Acceptable Documents on the third page of
Form I-9 as well as the Acceptable Documents web page at www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to
verify the identity and employment authorization of all new employees.
Within 3 days of hire, employees must present acceptable documents to
their employers as evidence of identity and employment authorization to
satisfy Form I-9 requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization), or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt as described
in the Form I-9 instructions. Employers may not reject a document based
on a future expiration date. You can find additional information about
Form I-9 on the I-9 Central web page at www.uscis.gov/I-9Central.
An EAD is an acceptable document under List A. See the section
``How do my employer and I complete Form I-9 using my automatically
extended employment authorization for a new job?'' of this Federal
Register notice for further information. If your EAD has an expiration
date of March 3, 2020, or September 3, 2018 (and you applied for a new
EAD during the last re-registration period but have not yet received a
new EAD), and states A-12 or C-19 under Category, it has been extended
automatically by virtue of this Federal Register notice and you may
choose to present your EAD to your employer as proof of identity and
employment eligibility for Form I-9 through August 30, 2020, unless
your TPS has been withdrawn or your request for TPS has been denied. If
you have an EAD with a marked expiration date of March 3, 2020, that
states A-12 or C-19 under Category, and you received a Notice of Action
(Form I-797C) that states your EAD is automatically extended for 180
days, you may choose to present your EAD to your employer together with
this Form I-797C as a List A document that provides evidence of your
identity and employment authorization for Form I-9 through August 30,
2020, unless your TPS has been withdrawn or your request for TPS has
been denied. See the subsection titled, ``How do my employer and I
complete the Employment Eligibility Verification (Form I-9) using my
automatically extended employment authorization for a new job?'' for
further information.
As an alternative to presenting evidence of your automatically
extended EAD, you may choose to present any other acceptable document
from List A, a combination of one selection from List B and one
selection from List C, or an acceptable receipt.
What documentation may I present to my employer for Form I-9 if I am
already employed but my current TPS-related EAD is set to expire?
Even though your EAD has been automatically extended, your employer
is required by law to ask you about your continued employment
authorization, and you will need to present your employer with evidence
that you are still authorized to work. Once presented, your employer
should update the EAD expiration date in Section 2 of Form I-9. See the
section ``What corrections should my current employer make to Form I-9
if my employment authorization has been automatically extended?'' of
this Federal Register notice for further information. You may show this
Federal Register notice to your employer to explain what to do for Form
I-9 and to show that your EAD has been automatically extended through
August 30, 2020. Your employer may need to re-inspect your
automatically extended EAD to check the Card Expires date and Category
code if your employer did not keep a copy of your EAD when you
initially presented it.
The last day of the automatic extension for your EAD is August 30,
2020. Before you start work on August 31, 2020, your employer is
required by law to reverify your employment authorization in Section 3
of Form I-9. At that time, you must present any document from List A or
any document from List C on Form I-9, Lists of Acceptable Documents, or
an acceptable List A or List C receipt described in the Form I-9
instructions, to reverify employment authorization.
If your original Form I-9 was a previous version, your employer
must complete Section 3 of the current version of Form I-9, and attach
it to your previously completed Form I-9. Your employer can check the
I-9 Central web page at www.uscis.gov/I-9Central for the most current
version of Form I-9.
Your employer may not specify which List A or List C document you
must
[[Page 12318]]
present and cannot reject an acceptable receipt.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my Yemeni citizenship or a Form I-797C
showing I re-registered for TPS?
No. When completing Form I-9, including reverifying employment
authorization, employers must accept any documentation that appears on
the Form I-9 ``Lists of Acceptable Documents'' that reasonably appears
to be genuine and that relates to you, or an acceptable List A, List B,
or List C receipt. Employers need not reverify List B identity
documents. Employers may not request documentation that does not appear
on the Lists of Acceptable Documents. Therefore, employers may not
request proof of Yemeni citizenship or proof of re-registration for TPS
when completing Form I-9 for new hires or reverifying the employment
authorization of current employees. If presented with an EAD that has
been automatically extended, employers should accept such a document as
a valid List A document, so long as the EAD reasonably appears to be
genuine and relates to the employee. Refer to the ``Note to Employees''
section of this Federal Register notice for important information about
your rights if your employer rejects lawful documentation, requires
additional documentation, or otherwise discriminates against you based
on your citizenship or immigration status, or your national origin.
How do my employer and I complete Form I-9 using my automatically
extended employment authorization for a new job?
When using an automatically extended EAD to complete Form I-9 for a
new job before August 31, 2020, for Section 1, you should:
a. Check ``An alien authorized to work until'' and enter August 30,
2020 as the expiration date; and
b. Enter your USCIS number or A-Number where indicated (your EAD or
other document from DHS will have your USCIS number or A-Number printed
on it; the USCIS number is the same as your A-Number without the A
prefix).
For Section 2, your employer should:
a. Determine if the EAD is auto-extended by ensuring it is in
Category A-12 or C-19 and has a Card Expires date of March 3, 2020 (or
Card Expires date of September 3, 2018, if you applied for a new EAD
during the last re-registration period but have not yet received a new
EAD);
b. Write in the document title;
c. Enter the issuing authority;
d. Enter either the employee's A-Number or USCIS number from
Section 1 in the Document Number field on Form I-9; and
e. Write August 30, 2020, as the expiration date.
Before the start of work on August 31, 2020, employers must
reverify the employee's employment authorization in Section 3 of Form
I-9.
What corrections should my current employer make to Form I-9 if my
employment authorization has been automatically extended?
If you presented a TPS-related EAD that was valid when you first
started your job and your EAD has now been automatically extended, your
employer may need to re-inspect your current EAD if the employer does
not have a copy of the EAD on file. Your employer should determine if
your EAD is automatically extended by ensuring that it contains
Category A-12 or C-19 and has a Card Expires date of March 3, 2020 (or
a Card Expires date of September 3, 2018, if you applied for a new EAD
during the last re-registration period but have not yet received a new
EAD). If your employer determines that your EAD has been automatically
extended, your employer should update Section 2 of your previously
completed Form I-9 as follows:
a. Write EAD EXT and August 30, 2020, as the last day of the
automatic extension in the Additional Information field; and
b. Initial and date the correction.
Note: This is not considered a reverification. Employers do not
need to complete Section 3 until either the 180-day automatic
extension has ended or the employee presents a new document to show
continued employment authorization, whichever is sooner. By August
31, 2020, when the employee's automatically extended EAD has
expired, employers are required by law to reverify the employee's
employment authorization in Section 3. If your original Form I-9 was
a previous version, your employer must complete Section 3 of the
current version of Form I-9 and attach it to your previously
completed Form I-9. Your employer can check the I-9 Central web page
at www.uscis.gov/I-9Central for the most current version of Form I-
9.
If I am an employer enrolled in E-Verify, how do I verify a new
employee whose EAD has been automatically extended?
Employers may create a case in E-Verify for a new employee by
providing the employee's A-Number or USCIS number from Form I-9 in the
Document Number field in E-Verify.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiration'' alert for an automatically
extended EAD?
E-Verify automated the verification process for TPS-related EADs
that are automatically extended. If you have employees who provided a
TPS-related EAD when they first started working for you, you will
receive a ``Work Authorization Documents Expiring'' case alert when the
auto-extension period for this EAD is about to expire. Before this
employee starts work on August 31, 2020, as appropriate, you must
reverify his or her employment authorization in Section 3 of Form I-9.
Employers should not use E-Verify for reverification.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected].
USCIS accepts calls and emails in English and many other languages. For
questions about avoiding discrimination during the employment
eligibility verification process (Form I-9 and E-Verify), employers may
call the U.S. Department of Justice's Civil Rights Division, Immigrant
and Employee Rights Section (IER) Employer Hotline at 800-255-8155 (TTY
800-237-2515). IER offers language interpretation in numerous
languages. Employers may also email IER at [email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at [email protected]. USCIS accepts calls in English,
Spanish, and many other languages. Employees or applicants may also
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based upon citizenship,
immigration status, or national origin, including discrimination
related to Employment
[[Page 12319]]
Eligibility Verification (Form I-9) and E-Verify. The IER Worker
Hotline provides language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 Instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of Tentative Nonconfirmation (TNC) must promptly
inform employees of the TNC and give such employees an opportunity to
contest the TNC. A TNC case result means that the information entered
into E-Verify from an employee's Form I-9 differs from records
available to DHS.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against an employee because of
the TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
verify an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at www.justice.gov/ier and
on the USCIS and E-Verify websites at www.uscis.gov/i-9-central and
www.e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, TPS beneficiaries presenting an EAD
referenced in this Federal Register Notice do not need to show any
other document, such as an I-797C Notice of Action, to prove that they
qualify for this extension. However, while Federal Government agencies
must follow the guidelines laid out by the Federal Government, state
and local government agencies establish their own rules and guidelines
when granting certain benefits. Each state may have different laws,
requirements, and determinations about what documents you need to
provide to prove eligibility for certain benefits. Whether you are
applying for a Federal, state, or local government benefit, you may
need to provide the government agency with documents that show you are
a TPS beneficiary, show you are authorized to work based on TPS or
other status, and/or that may be used by DHS to determine whether you
have TPS or other immigration status. Examples of such documents are:
Your current EAD;
A copy of your Form I-797C, Notice of Action, for your
Form I-765 providing an automatic extension of your currently expired
or expiring EAD;
A copy of your Form I-797C, Notice of Action, for your
Form I-821 for this re-registration;
A copy of your Form I-797, the notice of approval, for a
past or current Form I-821, if you received one from USCIS; and
Any other relevant DHS-issued document that indicates your
immigration status or authorization to be in the United States, or that
may be used by DHS to determine whether you have such status or
authorization to remain in the United States.
Check with the government agency regarding which document(s) the
agency will accept. Some benefit-granting agencies use the USCIS
Systematic Alien Verification for Entitlements (SAVE) program to
confirm the current immigration status of applicants for public
benefits. While SAVE can verify when an alien has TPS, each agency's
procedures govern whether they will accept an unexpired EAD, I-797, or
I-94. You should:
a. Present the agency with a copy of the relevant Federal Register
notice showing the extension of TPS-related documentation in addition
to your recent TPS-related document with your alien or I-94 number;
b. Explain that SAVE will be able to verify the continuation of
your TPS using this information; and
c. Ask the agency to initiate a SAVE query with your information
and follow through with additional verification steps, if necessary, to
get a final SAVE response showing the validity of your TPS.
You can also ask the agency to look for SAVE notices or contact
SAVE if they have any questions about your immigration status or auto-
extension of TPS-related documentation. In most cases, SAVE provides an
automated electronic response to benefit-granting agencies within
seconds, but, occasionally, verification can be delayed. You can check
the status of your SAVE verification by using CaseCheck at
save.uscis.gov/casecheck, then by clicking the ``Check Your Case''
button. CaseCheck is a free service that lets you follow the progress
of your SAVE verification using your date of birth and one immigration
identifier number. If an agency has denied your application based
solely or in part on a SAVE response, the agency must offer you the
opportunity to appeal the decision in accordance with the agency's
procedures. If the agency has received and acted upon or will act upon
a SAVE verification and you do not believe the response is correct, you
may make an appointment for an in-person interview at a local USCIS
office. Detailed information on how to make corrections or update your
immigration record, make an appointment, or submit a written request to
correct records under the Freedom of Information Act can be found on
the SAVE website at www.uscis.gov/save.
[FR Doc. 2020-04355 Filed 2-28-20; 8:45 am]
BILLING CODE 9111-97-P