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


[Federal Register: March 8, 2007 (Volume 72, Number 45)]
[Notices]               
[Page 10541-10546]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr07-84]                         

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

DEPARTMENT OF HOMELAND SECURITY

 U.S. Citizenship and Immigration Services

[CIS No. 2404-07; DHS Docket No. USCIS-2007-0002]
RIN 1615-ZA46

 
Extension of the Designation of Sudan for Temporary Protected 
Status; Automatic Extension of Employment Authorization Documentation 
for Sudanese TPS Beneficiaries

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

ACTION: Notice of extension of temporary protected status designation 
of Sudan.

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

SUMMARY: This Notice alerts the public that the designation of Sudan 
for Temporary Protected Status (TPS) has been extended for 18 months to 
November 2, 2008, from its current expiration date of May 2, 2007. This 
Notice also sets forth procedures necessary for nationals of Sudan (or 
aliens having no nationality who last habitually resided in Sudan) with 
TPS to re-register and to apply for an extension of their Employment 
Authorization Documents (EADs) for the additional 18-month period. Re-
registration is limited to persons who have previously registered for 
TPS under the designation of Sudan and whose application has been 
granted or remains pending. Certain nationals of Sudan (or aliens 
having no nationality who last habitually resided in Sudan) who have 
not previously applied for TPS may be eligible to apply under the late 
initial registration provisions.
    Given the timeframes involved with processing TPS re-registrants, 
the Department of Homeland Security (DHS) recognizes that re-
registrants may not receive a new EAD until after their current EAD 
expires on May 2, 2007. Accordingly, this Notice automatically extends 
the validity of EADs issued under the TPS designation of Sudan for six 
months, through November 2, 2007, and explains how TPS beneficiaries 
and their employers may determine which EADs are automatically 
extended. New EADs with the November 2, 2008 expiration date will be 
issued to eligible TPS beneficiaries who timely re-register and apply 
for an EAD.

DATES: The extension of the TPS designation of Sudan is effective May 
3, 2007, and will remain in effect until 11:59 p.m. on November 2, 
2008. The 60-day re-registration period begins March 8, 2007, and will 
remain in effect

[[Page 10542]]

until May 7, 2007. To facilitate processing of their applications, 
applicants are strongly encouraged to file as soon as possible after 
the start of the 60-day re-registration period beginning on March 8, 
2007.

FOR FURTHER INFORMATION CONTACT: Matthew Horner, Status and Family 
Branch, Office of Service Center Operations, U.S. Citizenship and 
Immigration Services, Department of Homeland Security, 20 Massachusetts 
Avenue, NW., 2nd Floor, Washington, DC 20529, telephone (202) 272-1505. 
This is not a toll-free call. Further information will also be 
available at local USCIS offices upon publication of this Notice and on 
the USCIS Web site at http://uscis.gov.


SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This Document

Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
EAD--Employment Authorization Document
Secretary--Secretary of Homeland Security
SAF--Sudanese Armed Forces
SPLM/A--Sudan People's Liberation Movement/Army
USCIS--U.S. Citizenship and Immigration Services
UNHCR--United Nations High Commissioner for Refugees

What authority does the Secretary of Homeland Security have to extend 
the designation of Sudan for TPS?

    Section 244(b)(1) of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a(b)(1), authorizes the Secretary of Homeland Security 
(Secretary), after consultation with appropriate agencies of the 
Government, to designate a foreign state (or part thereof) for TPS. 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). 8 U.S.C. 1254a(a)(1)(A).
    At least 60 days before the expiration of the TPS designation, or 
any extension thereof, the Secretary, after consultations 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, the length of an 
extension. 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, he must terminate the designation. 8 U.S.C. 
1254a(b)(3)(B).

Why did the Secretary decide to extend the TPS designation of Sudan?

    On November 4, 1997, the Attorney General published a Notice in the 
Federal Register at 62 FR 59737 designating Sudan for TPS based on an 
ongoing armed conflict and extraordinary and temporary conditions 
within that country. The Attorney General extended this designation the 
next year, determining that the conditions warranting such designation 
continued to be met. 63 FR 59337 (Nov. 3, 1998). On November 9, 1999, 
the Attorney General extended and re-designated Sudan by publishing a 
Notice in the Federal Register, based upon the ongoing armed conflict 
and extraordinary and temporary conditions. 64 FR 61128. Subsequent to 
that date, the Attorney General and the Secretary of Homeland Security 
have extended the TPS designation of Sudan four times, determining in 
each instance that the conditions warranting the designation continued 
to be met. 65 FR 67407 (Nov. 9, 2000); 66 FR 46031 (Aug. 31, 2001); 67 
FR 55877 (Aug. 30, 2002); 68 FR 52410 (Sept. 3, 2003). On October 7, 
2004, the Secretary extended and re-designated Sudan for TPS due to the 
ongoing armed conflict in the Darfur region and the extraordinary and 
temporary conditions resulting from the ongoing conflict. 69 FR 60168. 
The most recent extension of Sudan for TPS became effective on November 
2, 2005, and is due to expire at 11:59 p.m. May 2, 2007. 70 FR 52429 
(Sept. 2, 2005).
    Over the past year, DHS and the Department of State have continued 
to review conditions in Sudan. Based on this review, the Secretary has 
concluded that an 18-month extension is warranted because the armed 
conflict and extraordinary and temporary conditions that prompted 
redesignation of Sudan for TPS in October 2004 persist. Further, the 
Secretary has determined that it is not contrary to the national 
interest of the United States to permit aliens who are eligible for TPS 
based on the designation of Sudan to remain temporarily in the United 
States. See 8 U.S.C. 1254a(b)(1)(C).
    Despite the signing of a comprehensive peace agreement between the 
government of Sudan and the Sudan People's Liberation Movement/Army 
(SPLM/A), conditions in Sudan continue to be volatile and dangerous in 
large parts of Western and Southern Sudan. Sporadic violence continues 
in Southern Sudan, with fighting among armed elements associated with 
the Sudanese Armed Forces (SAF), the SAF itself, and the SPLM/A. The 
humanitarian crisis in the Darfur region of Western Sudan continues to 
cause concern, with an estimated 250,000 people displaced since the 
beginning of 2006, and armed clashes have intensified since September 
2006. In November 2006, 10,000 civilians were displaced during joint 
government/Janjaweed attacks on 12 villages in the Jebel Mara region of 
Darfur and the deliberate targeting of civilians continues. Since the 
beginning of the conflict, approximately 2 million people have been 
forced to leave their homes and live in displaced person camps while 
hundreds of thousands have been killed.
    There have also been incidents of violence and instability in 
southern Sudan. It is estimated that 250 civilian and military deaths 
resulted from fighting that erupted between the SPLA and a faction of 
the South Sudan Defense Forces and that an additional 300-400 civilians 
were wounded. Some of the violence was attributed to the forces of the 
Ugandan rebel Lord's Resistance Army, which, despite having signed a 
cessation of hostilities agreement with the government of Uganda on 
August 26, 2006, was reported by the former United Nations Secretary-
General to continue to pose a military threat. The Government of 
Southern Sudan has since stepped up efforts to restore security in the 
region.
    Access to humanitarian relief is limited by security concerns and 
Government of Sudan-imposed constraints on relief organizations. While 
the Office of the United Nations High Commissioner for Refugees (UNHCR) 
facilitated the return of approximately 91,000 southern Sudanese 
refugees and displaced persons to Sudan through direct repatriation 
assistance and reintegration programs in 2006, return is not risk free; 
civilians have continued to be victims of episodic violence, and UNHCR 
has not yet moved into a phase of actively promoting refugee returns.
    Based upon this review, the Secretary finds, after consultation 
with the appropriate Government agencies, that the conditions that 
prompted the designation of Sudan for TPS continue to be met. See 8 
U.S.C. 1254a(b)(3)(A). The armed conflict is ongoing and there are 
extraordinary and temporary conditions in Sudan that prevent aliens who 
are nationals of Sudan (or aliens having no nationality who last 
habitually resided in Sudan) from returning in safety. See 8 U.S.C. 
1254a(b)(1)(A), (C). The Secretary also finds that it is not contrary 
to the national interest of the United States to

[[Page 10543]]

permit aliens who meet the eligibility requirements of TPS to remain in 
the United States temporarily. See 8 U.S.C. 1254a(b)(1)(C). On the 
basis of these findings, the Secretary concludes that the designation 
of Sudan for TPS should be extended for an additional 18-month period. 
See 8 U.S.C. 1254a(b)(3)(C).

Notice of Extension of the TPS Designation of Sudan

    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 redesignation of Sudan for TPS in October 2004 
continue to be met. See 8 U.S.C 1254a(b)(3)(A), (C). There are 
approximately 520 nationals of Sudan (or aliens having no nationality 
who last habitually resided in Sudan) who have been granted TPS and who 
may be eligible for re-registration. Accordingly, I am extending the 
TPS designation of Sudan for 18 months from May 3, 2007 to November 2, 
2008. For instructions on this extension, please refer to the following 
attachments, which include filing and eligibility requirements for 
Temporary Protected Status and Employment Authorization Documents.

    Dated: March 1, 2007.
Michael Chertoff,
Secretary.

Temporary Protected Status Filing Guidelines

If I currently have benefits through the TPS designation of Sudan for 
TPS and would like to maintain them, do I need re-register for TPS?

    Yes. If you already have received TPS benefits through the 
designation of Sudan for TPS, your benefits will expire at 11:59 p.m. 
on May 2, 2007. All TPS beneficiaries must comply with the re-
registration requirements described in this Notice in order to maintain 
TPS benefits through November 2, 2008. TPS benefits include temporary 
protection against removal from the United States and employment 
authorization during the TPS designation period. 8 U.S.C. 1254a(a)(1). 
Failure to re-register without good cause will result in the withdrawal 
of your temporary protected status and possibly your removal from the 
United States. 8 U.S.C. 1254a(c)(3)(C).

If I am currently registered for TPS or have a pending application for 
TPS, how do I re-register to renew my benefits for the duration of the 
extension period?

    Please submit the proper forms and fees according to the Table 1 
below. Aliens who have previously registered for TPS but whose 
applications remain pending should follow these instructions if they 
wish to renew their TPS benefits. All TPS re-registration applications 
submitted without the required fees will be returned to the applicant. 
All fee waiver requests should be filed in accordance with 8 CFR 
244.20. If you received an EAD during the most recent registration 
period, please submit a photocopy of the front and back of your EAD.

            Table 1.--Application Forms and Application Fees
------------------------------------------------------------------------
               If                         And                Then
------------------------------------------------------------------------
You are re-registering for TPS..  You are applying    You must complete
                                   for an extension    and file the Form
                                   of your EAD valid   I-765,
                                   through November    Application for
                                   2, 2008.            Employment
                                                       Authorization,
                                                       with the $180 fee
                                                       or a fee waiver
                                                       request. You must
                                                       also submit Form
                                                       I-821,
                                                       Application for
                                                       Temporary
                                                       Protected Status,
                                                       with no fee.
You are re-registering for TPS..  You are NOT         You must complete
                                   applying for        and file the Form
                                   renewal of your     I-765 with no fee
                                   EAD.                and Form I-821
                                                       with no fee Note:
                                                       DO NOT check any
                                                       box for the
                                                       question ``I am
                                                       applying for''
                                                       listed on Form I-
                                                       765 as you are
                                                       NOT requesting an
                                                       EAD benefit.
You are applying for TPS as a     You are applying    You must complete
 late initial registrant and you   for a TPS-related   and file Form I-
 are between the ages of 14 and    EAD.                821 with the $50
 65 (inclusive).                                       fee or fee waiver
                                                       request and Form
                                                       I-765 with the
                                                       $180 fee or a fee
                                                       waiver request.
You are applying for TPS as a     You are applying    You must complete
 late initial registrant and are   for a TPS-related   and file Form I-
 under age 14 or over age 65.      EAD.                821 with the $50
                                                       fee or fee waiver
                                                       request. You must
                                                       also submit Form
                                                       I-765 with no
                                                       fee.
You are applying for TPS as a     You are NOT         You must complete
 late initial registrant,          applying for an     and file Form I-
 regardless of age.                EAD.                821 with the $50
                                                       fee or fee waiver
                                                       request and Form
                                                       I-765 with no
                                                       fee.
Your previous TPS application is  You are applying    You must complete
 still pending.                    to renew your       and file the Form
                                   temporary           I-765 with the
                                   treatment           $180 fee or a fee
                                   benefits (i.e.,     waiver request.
                                   an EAD with         You must also
                                   category ``c-19''   submit Form I-
                                   on its face).       821, Application
                                                       for Temporary
                                                       Protected Status,
                                                       with no fee.
------------------------------------------------------------------------

    Certain applicants must also submit a Biometric Service Fee (See 
Table 2). The Biometric Service Fee will not be waived. 8 CFR 
103.2(e)(4)(i), (iii).

[[Page 10544]]



                    Table 2.--Biometric Service Fees
------------------------------------------------------------------------
               If                         And                Then
------------------------------------------------------------------------
You are 14 years of age or older  1. You are re-      You must submit a
                                   registering for     Biometric Service
                                   TPS, or.            fee of $70.
                                  2. You are
                                   applying for TPS
                                   under the late
                                   initial
                                   registration
                                   provisions, or.
                                  3. Your TPS
                                   application is
                                   still pending and
                                   you are applying
                                   to renew
                                   temporary
                                   treatment
                                   benefits.
You are younger than 14 years of  You are applying    You must submit a
 age.                              for an EAD.         Biometric Service
                                                       fee of $70.
------------------------------------------------------------------------

What edition of the Form I-821 should be submitted?

    Only the edition of Form I-821 dated November 5, 2004, or later 
will be accepted. The revision date can be found in the bottom right 
corner of the form. The proper form can be found on the Internet at 
http://www.uscis.gov or by calling the USCIS forms hotline at 1-800-

870-3676.

Where should an applicant submit his or her application for TPS?

    Please reference table 3 below to see where to mail your specific 
application.

                Table 3.--Application Mailing Directions
------------------------------------------------------------------------
                                                      Or, for non-United
                                                         States Postal
               If                    Then mail to       Service (USPS)
                                                       deliveries, mail
                                                              to
------------------------------------------------------------------------
You are applying for re-          U.S. Citizenship    U.S. Citizenship
 registration or applying to       and Immigration     and Immigration
 renew your temporary treatment    Services Attn:      Services Attn:
 benefits.                         TPS Sudan P.O.      TPS Sudan 427 S.
                                   Box 8677 Chicago,   LaSalle--3rd
                                   IL 60680-8677.      Floor Chicago, IL
                                                       60605-1029.
You are applying for TPS for the  U.S. Citizenship    U.S. Citizenship
 first time, as a late initial     and Immigration     and Immigration
 registrant.                       Services Attn:      Services Attn:
                                   TPS Sudan P.O.      TPS Sudan Late
                                   Box 8677 Chicago,   Initial
                                   IL 60680-8677.      Registrant 427 S.
                                                       LaSalle--3rd
                                                       Floor, Chicago,
                                                       IL 60605-1029.
------------------------------------------------------------------------

Can an applicant file their application electronically?

    If you are filing for re-registration and do not need to submit 
supporting documentation with your application, you may file your 
application electronically. To file your application electronically, 
follow directions on the USCIS Web site at: http://www.uscis.gov.


Who should submit supporting documentation?

    See Table 4 below to determine if you need to submit supporting 
documentation.

          Table 4.--Who Should Submit Supporting Documentation?
------------------------------------------------------------------------
                    If                                  Then
------------------------------------------------------------------------
One or more of the questions listed in      You must submit an
 Part 4, Question 2 of Form I-821 applies    explanation, on a separate
 to you.                                     sheet(s) of paper, and/or
                                             additional documentation
                                             must be provided. You may
                                             NOT file electronically.
You were granted TPS by an Immigration      You must include evidence of
 Judge or the Board of Immigration Appeals.  the grant of TPS (such as
                                             an order from the
                                             Immigration Judge) with
                                             your application package.
                                             You may NOT file
                                             electronically.
------------------------------------------------------------------------

What is late initial registration?

    Some persons may be eligible for late initial registration under 8 
CFR 244.2. In order to be eligible for late initial registration an 
applicant must:
    (1) Be a national of Sudan (or alien who has no nationality and who 
last habitually resided in Sudan);
    (2) Have continuously resided in the United States since October 7, 
2004;
    (3) Have been continuously physically present in the United States 
since October 7, 2004; and
    (4) Be both admissible as an immigrant, except as provided under 
section 244(c)(2)(A) of the Act, and not ineligible under section 
244(c)(2)(B) of the Act.
    Additionally, the applicant must be able to demonstrate that during 
the initial registration period (from November 4, 1997 to November 3, 
1998), during the registration period for the first re-designation 
(from November 9, 1999 to November 2, 2000), or during the registration 
period for the most recent re-designation (from October 7, 2004 to 
April 5, 2005), he or she:
    (1) Was a nonimmigrant or had been granted voluntary departure 
status or any relief from removal;
    (2) Had an application for change of status, adjustment of status, 
asylum, voluntary departure, or any relief from removal or change of 
status pending or subject to further review or appeal;
    (3) Was a parolee or had a pending request for reparole; or
    (4) Is the spouse or child of an alien currently eligible to be a 
TPS registrant.
    An applicant for late initial registration must file an application 
for late registration no later than 60 days after the expiration or 
termination of the conditions described above. 8 CFR 244.2(g). All late 
initial registration applications for TPS, pursuant to the TPS 
designation of Sudan, should be submitted to the appropriate address in 
Chicago, Illinois as defined in Table 3.

Are certain aliens ineligible for TPS?

    Yes. There are certain criminal and terrorism-related 
inadmissibility grounds that render an alien ineligible for TPS. See 8 
U.S.C. 1254a(c)(2)(A)(iii). Further, aliens who have been convicted of 
any felony or two or more

[[Page 10545]]

misdemeanors committed in the United States are ineligible for TPS 
under section 244(c)(2)(B)(i) of the Act, 8 U.S.C. 1254a(c)(2)(B)(i), 
as are aliens described in the bars to asylum in section 208(b)(2)(A) 
of the Act, 8 U.S.C. 1158(b)(2)(A). See 8 U.S.C. 1254a(c)(2)(B)(ii). An 
individual granted TPS will have his or her TPS withdrawn if the alien 
is not in fact eligible for TPS, if the alien fails to timely re-
register for TPS without good cause, or if the alien fails to maintain 
continuous physical presence in the United States. See 8 U.S.C. 
1254a(c)(3)(A)-(C).

Does TPS lead to lawful permanent residence?

    No. TPS is a temporary benefit that does not lead to lawful 
permanent residence or confer any other immigration status. 8 U.S.C. 
1254a, (f)(1), and (h). When a country's TPS designation is terminated, 
TPS beneficiaries will maintain the same immigration status they held 
prior to TPS (unless that status has since expired or been terminated), 
or any other status they may have acquired while registered for TPS. 
Accordingly, if an alien held no lawful immigration status prior to 
being granted TPS and did not obtain any other status during the TPS 
period, he or she will revert to unlawful status upon the termination 
of the TPS designation. Once the Secretary determines that a TPS 
designation should be terminated, aliens who had TPS under that 
designation are expected to plan for their departure from the United 
States.

May I apply for another immigration benefit while registered for TPS?

    Yes. Registration for TPS does not prevent you from applying for 
non-immigrant status, filing for adjustment of status based on an 
immigrant petition, or applying for any other immigration benefit or 
protection. 8 U.S.C. 1254a(a)(5). For the purposes of change of status 
and adjustment of status, an alien is considered as being in, and 
maintaining, lawful status as a nonimmigrant during the period in which 
the alien is granted TPS. See 8 U.S.C. 1254a(f)(4).

How does an application for TPS affect my application for asylum or 
other immigration benefits?

    An application for TPS does not affect an application for asylum or 
any other immigration benefit. Denial of an application for asylum or 
any other immigration benefit does not affect an applicant's TPS 
eligibility, although the grounds for denying one form of relief may 
also be grounds for denying TPS. For example, a person who has been 
convicted of a particularly serious crime is not eligible for asylum or 
TPS. See 8 U.S.C. 1158(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii).

Does this extension allow nationals of Sudan (or aliens having no 
nationality who last habitually resided in Sudan) who entered the 
United States after October 7, 2004, to file for TPS?

    No. An extension of a TPS designation does not change the required 
dates of continuous residence and continuous physical presence in the 
United States. This extension does not expand TPS eligibility to those 
beyond the current TPS eligibility requirements of Sudan. To be 
eligible for benefits under this extension, nationals of Sudan (or 
aliens having no nationality who last habitually resided in Sudan) must 
have continuously resided and been continuously physically present in 
the United States since October 7, 2004, the date of the most recent 
designation of Sudan for TPS.

Employment Authorization Document Extension Guidelines

Who is eligible to receive an automatic extension of his or her EAD 
from May 2, 2007 to November 2, 2007?

    To receive an automatic extension of an EAD, an individual must be 
a national of Sudan (or an alien having no nationality who last 
habitually resided in Sudan) who has applied for and received an EAD 
under the designation of Sudan for TPS and who has 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 May 2, 2007. The EAD must also be a Form I-766 bearing the 
notation ``A-12'' or ``C-19'' on the face of the card under 
``Category.''

If I am currently registered under the designation of Sudan for TPS and 
am re-registering for TPS, how do I receive an extension of my EAD 
after the automatic six-month extension?

    TPS re-registrants will receive a notice in the mail with 
instructions to appear at a USCIS Application Support Center (ASC) for 
biometrics collection. When you report to the ASC, you must bring the 
following documents: (1) Your receipt notice for your re-registration 
application; (2) your ASC appointment notice; and (3) your current EAD. 
If no further action is required for your case, you will receive a new 
EAD, valid through November 2, 2008, through the mail. If your case 
requires further resolution, USCIS will contact you in writing to 
explain what additional information, if any, is necessary to resolve 
your case. If your application is approved, you will receive a new EAD 
in the mail with an expiration date of November 2, 2008.

May I request an interim EAD at my local District Office?

    No. USCIS will not be issuing interim EADs to TPS applicants and 
re-registrants at District Offices.

How may employers determine whether an EAD has been automatically 
extended for six months through November 2, 2007, and is therefore 
acceptable for completion of the Form I-9?

    An EAD that has been automatically extended for six months by this 
Notice through November 2, 2007, will actually contain an expiration 
date of May 2, 2007, and must be a Form I-766 bearing the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category.'' New EADs 
or extension stickers showing the November 2, 2007, expiration date of 
the six-month automatic extension will not be issued. Employers should 
not request proof of Sudanese citizenship.
    Employers should accept an EAD as a valid ``List A'' document and 
not ask for additional I-9 documentation if presented with an EAD that 
has been extended pursuant to this Federal Register Notice, and the EAD 
reasonably appears on its face to be genuine and to relate to the 
employee. This does not affect the right of an applicant for employment 
or an employee to present any legally acceptable document as proof of 
identity and eligibility for employment.


    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 setting 
forth re-verification requirements. See 8 CFR 274a.2(b)(1)(vii). For 
questions, employers may call the USCIS Office of Business Liaison 
Employer Hotline at 1-800-357-2099. 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
.



[[Page 10546]]



How may employers determine an employee's eligibility for employment 
once the automatic extension has expired on November 2, 2007?

    Eligible TPS aliens will possess an EAD with an expiration date of 
November 2, 2008. The EAD will be a Form I-766 bearing the notation 
``A-12'' or ``C-19'' on the face of the card under ``Category,'' and 
should be accepted for the purposes of verifying identity and 
employment authorization.

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?

    During the first six months of this extension, qualified 
individuals who have received a six-month automatic extension of their 
EADs by virtue of this Federal Register Notice may present their TPS-
based EAD to their employer, as described above, as proof of identity 
and employment authorization through November 2, 2007. 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 November 2, 2007.
    After the first six months of this extension, and continuing until 
the end of the extension period, November 2, 2008, a qualified 
individual may present their new EAD valid through November 2, 2008.
    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.

[FR Doc. E7-4097 Filed 3-7-07; 8:45 am]
BILLING CODE 4410-10-P




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