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


[Federal Register: May 3, 2002 (Volume 67, Number 86)]
[Notices]               
[Page 22450-22451]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my02-69]                         

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2205-02]

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

AGENCY: Immigration and Naturalization Service, Justice.

ACTION:  Notice.

-----------------------------------------------------------------------

SUMMARY: On May 3, 2002, 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, 2003. 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 many re-
registrants will not receive their new employment authorization 
documents (EADs) until after their current EADs expire on July 5, 2002. 
Accordingly, this notice extends, until December 5, 2002, the validity 
of EADs issued to Honduran or Nicaraguan nationals (or aliens having no 
nationality who last habitually resided in Honduras or Nicaragua) 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, 2002, and that was issued in conjunction with the 
TPS program for Honduras or Nicaragua. This automatic extension is 
limited to EADs bearing the expiration date of July 5, 2002, 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 5, 2002.

[[Page 22451]]


FOR FURTHER INFORMATION CONTACT: Emily Crowder Frazelle, Program 
Analyst, Residence and Status Branch, 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 Validity of EADs 
From July 5, 2002, to December 5, 2002?

    Considering the large number of applications that the Service will 
receive in the 60-day re-registration period, it is likely that many 
re-registrants will receive their new EAD after the expiration date of 
their current EAD. In order to prevent a gap in employment 
authorization for qualified re-registrants, the Service is extending 
the validity of applicable EADs to December 5, 2002.

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 and 
received an EAD under the initial designation for Honduras or 
Nicaragua, or who later registered under the late initial registration 
provisions, and who timely re-registered for each subsequent TPS 
extension. This automatic extension is limited to EADs bearing an 
expiration date of July 5, 2002, 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.

Must Qualified Individuals Apply to the Service for the Automatic 
Extension of Their TPS-Related EADs?

    No, qualified individuals do not have to apply for this automatic 
employment authorization extension to December 5, 2002. However, 
qualified individuals must re-register for TPS by July 2, 2002, in 
order to be eligible for a new EAD that is valid until July 5, 2003.

What Documents May a Qualified Individual Show to His or Her 
Employer as Proof of Employment Authorization and Identity 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, 2002. 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 automatic 
extension of employment authorization to December 5, 2002. In the 
alternative, 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 May Employers Determine Which EADs That Have Been Automatically 
Extended Through December 5, 2002, 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, 
2002, employers of Honduran or Nicaraguan TPS class members whose 
employment authorization has been automatically extended by this notice 
must accept an EAD that contains an expiration date of July 5, 2002, 
and that bears one of the following notations: ``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, 2002 expiration date will 
not be issued. Employers should not request proof of Honduran or 
Nicaraguan citizenship. Employers presented with an EAD that this 
Federal Register notice has extended automatically 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. For 
questions, employers may call the Service's Office of Business Liaison 
Employer Hotline at 1-800-357-2099 to speak to a Service 
representative. Also, employers may call the 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.

Does This Notice Affect Any Other Portion of the Federal Register 
Notices Extending the TPS Designation for Honduras and Nicaragua 
Until July 5, 2003?

    No, this notice does not affect any other portion of the Federal 
Register notices extending the TPS designation for Honduras and 
Nicaragua. All other TPS requirements contained in the Federal Register 
notices that extend the TPS designation for Honduras and Nicaragua 
until July 5, 2003 (see notices for Honduras and Nicaragua, published 
elsewhere in this issue of the Federal Register), are accurate and 
remain in effect.

    Dated: May 1, 2002.
James W. Zigar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 02-11158 Filed 5-1-02; 2:28 pm]
BILLING CODE 4410-10-M




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