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


[Federal Register: July 7, 2005 (Volume 70, Number 129)]
[Notices]               
[Page 39325-39326]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy05-69]                         

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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2359-05]
RIN 1615-ZA27

 
Automatic Extension of Employment Authorization Documentation for 
Honduran and Nicaraguan TPS Beneficiaries

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

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

SUMMARY: On November 3, 2004, U.S. Citizenship and Immigration Services 
(USCIS) of the Department of Homeland Security (DHS) published two 
Notices in the Federal Register extending the designations of Honduras 
and Nicaragua for Temporary Protected Status (TPS) until July 5, 2006, 
and automatically extending employment authorization documents (EADs) 
for the beneficiaries of TPS for Honduras and Nicaragua for six months, 
from January 5, 2005 until July 5, 2005. Beneficiaries of TPS for 
Honduras and Nicaragua are required to re-register and obtain new EADs. 
However, because of the large number of beneficiaries for TPS for 
Nicaragua and Honduras, USCIS will not be able to process and re-issue 
new EADs for all such beneficiaries by the July 5, 2005 expiration 
date. Accordingly, USCIS has decided to extend 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 designations for an additional 90 days, from 
July 5, 2005 until October 5, 2005. This Notice announces that 
extension and also explains how TPS beneficiaries and their employers 
may determine which EADs are automatically extended.

DATES: The extension of EADs is effective July 5, 2005.

FOR FURTHER INFORMATION CONTACT: Colleen Cook, Residence and Status 
Services, Office of Programs and Regulations Development, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529, 
telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:

Why Is USCIS Automatically Extending the Validity of EADS for Honduran 
and Nicaraguan TPS Beneficiaries?

    Considering the large number of applications, 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, DHS is extending the 
validity of applicable EADs to October 5, 2005.

Who Is Eligible To Receive an Automatic Extension of His or Her EAD?

    To receive an automatic extension of his or her EAD, 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 
has applied for and received an EAD under the TPS designation of 
Honduras or Nicaragua. This automatic extension is limited to EADs 
bearing an expiration date of January 5, 2005, that were issued on 
either Form I-766, Employment Authorization Document, or Form I-688B, 
Employment Authorization Card. The EAD must also be either (1) a Form 
I-766 bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category,'' or (2) a Form I-688B bearing the notation 
``274a.12(a)(12)'' or ``274a.12(c)(19)'' on the face of the card under 
``Provision of Law.''

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

    No, qualified individuals do not have to apply for this automatic 
employment authorization extension to October 5, 2005.

What Documents May a Qualified Individual Show to His or Her Employer 
as Proof of Employment Authorization and Identity When Completing Form 
I-9, Employment Eligibility Verification?

    For completion of the Form I-9 at the time of hire or re-
verification, qualified individuals who are receiving a three-month 
extension of their EADs by virtue of this Federal Register Notice may 
present to their employer a TPS-based EAD as proof of identity and 
employment authorization until October 5, 2005. 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 documentation to October 5, 2005. 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 Whether an EAD Has Been Automatically 
Extended Through October 5, 2005 and Is Therefore 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 October 5, 
2005, employers of Honduran and Nicaraguan TPS beneficiaries whose EADs 
have been automatically extended by this Notice must accept such EAD if 
presented. An EAD that has been automatically extended by this notice 
to October 5, 2005 will actually contain an expiration date of January 
5, 2005, and must be either (1) a Form I-766 bearing the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category,'' or (2) a 
Form I-688B bearing the notation ``274a.12(a)(12)'' or 
``274a.12(c)(19)'' on the face of the card under ``Provision of Law.'' 
New EADs or extension stickers showing the October 5, 2005 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 pursuant to this Federal Register Notice, if it appears 
to be genuine and appears to relate to the employee, should accept the 
EAD as a valid ``List A'' document and should not ask for additional 
Form I-9 documentation. This action by USCIS

[[Page 39326]]

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 USCIS Office of Business Liaison 
Employer Hotline at 1-800-357-2099 to speak to a USCIS representative. 
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 or 1-800-362-2735 (TDD). 
Employees or applicants may call the OSC Employee Hotline at 1-800-255-
7688 or 1-800-237-2515 (TDD) for information regarding the automatic 
extension. Additional information is available on the OSC Web site at 
http://www.usdoj.gov/crt/osc/index.html.


    Dated: July 1, 2005.
Michael Petrucelli,
Acting Director, U.S. Citizenship and Immigration Services.
[FR Doc. 05-13401 Filed 7-1-05; 4:06 pm]
BILLING CODE 4410-10-P




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