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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: July 3, 2001 (Volume 66, Number 128)]
[Notices]               
[Page 35270-35271]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy01-77]                         
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2148-01; AG Order No.]
RIN 1115--AE26

Automatic Extension of Work Authorization for Hondurans and 
Nicaraguans Under Temporary Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION:  Notice.
-----------------------------------------------------------------------
SUMMARY: On May 8, 2001, the Immigration and Naturalization Service 
(Service) published notices in the Federal Register extending the 
designation of Honduras and Nicaragua under the Temporary Protected 
Status (TPS) Program until July 5, 2002. The extension for TPS allows 
eligible nationals of Honduras and Nicaragua to re-register for TPS and 
extend employment authorization. The Service is aware that may re-
registrants will not receive their new employment authorization 
documents (EADs) until after their current EADs expire on July 5, 2001. 
Accordingly, this notice extends until December 5, 2001, the validity 
of EADs that were issued to Honduran or Nicaraguan nationals (or aliens 
having no nationality who last habitually resided in Honduras or 
Nicaragua) that are set to expire on July 5, 2001, under the extension 
of the TPS program. To be eligible for this automatic extension of 
employment authorization, an individual must be a national of Honduras 
or Nicaragua (or an alien having no nationality who last habitually 
resided in Honduras or Nicaragua) who currently holds an EAD that 
expires on July 5, 2001 and that was issued in conjunction with the TPS 
program for Honduras or Nicaragua. This automatic extension is limited 
to EADs bearing date of July 5, 2001 and the notation:
     ``A-12'' or ``C-19'' on the face of the card under 
``Category'' for EADs issued on Form I-766; or, ``274A.12(A)(12)'' or 
``274A.12(C)(19)'' on the face of the card under ``Provision of Law'' 
for EADs issued on Form I-688B.

DATES: This notice is effective July 3, 2001.

FOR FURTHER INFORMATION CONTACT: Michael Biggs, Office of 
Adjudications, Immigration and Naturalization Service, Room 3214, 425 I 
Street, NW., Washington, DC 20536, telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:  

Why Is the Service Automatically Extending the Expiration Date of 
EADs From July 5, 2001 to December 5, 2001?

    Considering both the number of applications that the Service 
anticipates it will receive for extension, Service processing 
capabilities, and given the short timeframe provided by statute for the 
decision to extend the Attorney General's designation of Honduras and 
Nicaragua under the TPS program, it is likely that many re-registrants 
will receive their new EAD after the expiration date of their current 
EAD. Unless an extension of the expiration date of their EAD is 
provided, re-registrants may experience a gap in employment 
authorization and be barred from working. Therefore, to afford the 
Service sufficient processing time or to ensure that re-registrants 
will be able to maintain their employment authorization until they 
receive a new EAD in connection with their re-registration for the new 
period of TPS, the Service through this notice, is extending the 
validity of applicable EADs to December 5, 2001.

Who Is Eligible To Receive an Automatic Extension of Employment 
Authorization?

    To be eligible for an automatic extension of employment 
authorization, an individual must be a national of Honduras or 
Nicaragua (or an alien having no nationality who last habitually 
resided in Honduras or Nicaragua) who previously applied for an 
received an EAD under the initial January 5, 1999, designation of 
Honduras or Nicaragua for TPS. This automatic extension is limited to 
EADs bearing an expiration date of July 5, 2001, and the notation:
     ``A-12'' or ``C-19'' on the face of the card under 
``Category'' for EADs issued on Form I-766; or,
     ``274A.12(A)(12)'' or ``274A.12(C)(19)'' on the face of 
the card under ``Provision of Law'' for EADs issued on Form I-688B.

Does a Qualified Individual Have To Apply to the Service for the 
Automatic Extension to December 5, 2001, of His or Her TPS-related 
EAD?

    No, the extension of the validity of the previously issued EADS to 
December 5, 2001, is automatic and there is no fee. However, qualified 
individuals must re-register by August 6, 2001, in order to be eligible 
for a new EAD that is valid until July 5, 2002.

What Documents Can a Qualified Individual Show to His or Her 
Employer as Proof of Employment Authorization and Identify When 
Completing the Employment Eligibility Verification Form (Form I-9)?

    For completion of the Form I-9 at the time of hire or re-
verification, qualified individuals who have received an extension of 
employment authorization by virtue of this Federal Register notice may 
present to their employer a TPS-related EAD as proof of valid 
employment authorization and identity until December 5, 2001. To 
minimize confusion over this extension at the time of hire or re-
verification, qualified individuals may also present to their employer 
a copy of this Federal Register notice regarding the extension of 
employment authorization to December 5, 2001. In the alternative to 
presenting a TPS-related EAD, any legally acceptable document or 
combination of documents listed in List A, List B, or List C of the 
Form I-9 may be presented as proof of identity and employment 
eligibility; it is the choice of the employee.

How Can Employers Determine Which EADs That Have Been Automatically 
Extended Through December 5, 2001, Are Acceptable for Completion of 
the Form I-9?

    For purposes of verifying identity and employment eligibility or 
re-verifying employment eligibility on the Form I-9 until December 5, 
2001, employers of TPS Honduran or Nicaraguan nationals (or aliens 
having no nationality who last habitually resided in Honduras or 
Nicaragua) whose employment authorization has been automatically 
extended by this notice mut accept an EAD that contains an expiration 
date of July 5, 2001, and that bears that notation:
     ``A-12'' or ``C-19'' on the face of the card under 
``Category'' for EADs issued on Form I-766; or,
     ``274A.12(A) (12)'' or ``274A.12(c) (19)'' on the face of 
the card under ``Provision of Law'' for EADs issued on Form I-688B.
    New EADs or extension stickers showing the December 5, 2001,

[[Page 35271]]

expiration date will not be issued. Employers should not request proof 
of Honduran or Nicaraguan citizenship. Employers presented with an EAD 
that has been extended by this Federal Register notice and that appears 
to be genuine and to relate to the employee should accept the document 
as a valid List A document and should not ask for additional Form I-9 
documentation. This action by the Service through this Federal Register 
notice does not affect the right of an employee to present any legally 
acceptable document as proof of identity and eligibility for 
employment. Employers are reminded that the laws prohibiting unfair 
immigration-related employment practices remain in full force.
    Employers may call the Service's Office of Business Liaison 
Employer Hotline at 1-800-357-2099 to speak to a Service representative 
about this Notice. Employers can also call the Office of Special 
Counsel for Immigration Related Unfair Employment Practices (OSC) 
Employer Hotline at 1-800-255-8155. Employees or applicants can call 
the OSC Employee Hotline at 1-800-255-7688 about the automatic 
extension.

Does This Notice Affect Any Other Portion of the May 8, 2001, 
Federal Register Notices Extending TPS Designation for Honduras and 
Nicaragua Until July 5, 2002?

    No, all other TPS requirements contained in the May 8, 2001, 
Federal Register  notices at 66 FR 23269 and 66 FR 23271, respectively, 
are accurate and remain in effect.

    Dated: June 28, 2001.
Kevin D. Rooney,
Commissioner.
[FR Doc. 01-16745 Filed 6-29-01; 8:45 am]
BILLING CODE 4410-01-M


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