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


[Federal Register: May 29, 2007 (Volume 72, Number 102)]
[Notices]               
[Page 29534-29539]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my07-81]                         

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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2410-07; DHS Docket No. USCIS-2007-0027]
RIN 1615--ZA49

 
Extension of the Designation of Nicaragua for Temporary Protected 
Status; Automatic Extension of Employment Authorization Documentation 
for Nicaraguan TPS Beneficiaries

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

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

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

SUMMARY: This Notice announces that the designation of Nicaragua for 
Temporary Protected Status (TPS) has been extended for 18 months to 
January 5, 2009, from its current expiration date of July 5, 2007. This 
Notice also sets forth procedures necessary for nationals of Nicaragua 
(or aliens having no nationality who last habitually resided in 
Nicaragua) 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 Nicaragua and whose 
application has been granted or remains pending. Certain nationals of 
Nicaragua (or aliens having no nationality who last habitually resided 
in Nicaragua) 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 July 5, 2007. Accordingly, this Notice automatically extends 
the validity of EADs issued under the TPS designation of Nicaragua for 
six months, through January 5, 2008, and explains how TPS beneficiaries 
and their employers may determine which EADs are automatically 
extended. New EADs with the January 5, 2009 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 Nicaragua is effective 
July 6, 2007, and will remain in effect until 11:59 p.m. on January 5, 
2009. The 60-day re-registration period begins May 29, 2007, and will 
remain in effect until July 30, 2007. To facilitate processing of 
applications, applicants are strongly encouraged to file as soon as 
possible after the start of the 60-day re-registration period beginning 
on May 29, 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) 272-1533. 
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. Note: the phone number provided 

here is solely for questions regarding this notice and the information 
contained herein. It is not for individual case status inquiries. 
Applicants seeking information about the status of their individual 
case can look up their case in Case Status Online available at the 
USCIS Web site listed above, or applicants may call the USCIS National 
Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).

SUPPLEMENTARY INFORMATION:

Abbreviations and Terms Used in This Document

Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document

[[Page 29535]]

Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services

What authority does the Secretary of Homeland Security have to extend 
the designation of Nicaragua 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 
Nicaragua?

    On January 5, 1999, the Attorney General published a Notice in the 
Federal Register at 64 FR 526, designating Nicaragua for TPS due to the 
devastation resulting from Hurricane Mitch. Subsequent to that date, 
the Attorney General and the Secretary of Homeland Security have 
extended TPS for Nicaragua six times, determining in each instance that 
the conditions warranting the designation continued to be met. 65 FR 
30440 (July 6, 2000); 66 FR 23271 (July 6, 2001); 67 FR 22454 (July 6, 
2002); 68 FR 23748 (July 6, 2003); 69 FR 64088 (Jan. 6, 2005); 71 FR 
16333 (July 6, 2006). The most recent extension of Nicaragua for TPS 
became effective on July 5, 2006, and is due to expire on July 5, 2007.
    On February 2, 2007, the Government of Nicaragua requested an 
extension of the TPS designation of Nicaragua. Over the past year, DHS 
and the Department of State have continued to review conditions in 
Nicaragua. Based on this review, the Secretary has concluded that an 
18-month extension is warranted because there continues to be a 
substantial, but temporary, disruption of living conditions in 
Nicaragua resulting from Hurricane Mitch and Nicaragua remains unable, 
temporarily, to adequately handle the return of its nationals, as 
required for TPS designations based on environmental disasters. 8 
U.S.C. 1254a(b)(1)(B)(i-iii).
    Significant progress has been made in reconstruction following 
Hurricane Mitch. However, Nicaragua has not fully recovered from the 
environmental disaster.
    An estimated 145,000 homes were destroyed by the hurricane, leaving 
an estimated 400,000 to 800,000 people homeless. Health clinics and 
schools were also impacted with 90 clinics, 400 health posts, and over 
500 primary schools suffering structural damage. While much of the 
large-scale post-disaster aid and reconstruction projects were 
completed years ago, these projects were focused on temporary buildings 
that have not been replaced with permanent cement structures and are 
now largely deteriorated.
    Hurricane Mitch destroyed or disabled 70 percent of the roads and 
severely damaged 71 bridges. Over 1,700 miles of highway and access 
roads needed replacement. The Pan-American Highway has been repaired, 
but reconstruction efforts continue with the focus shifted to improving 
secondary and rural roads.
    Nicaragua also suffered significant economic damage and reduced 
access to food following Hurricane Mitch. Over 100,000 acres of crops 
were destroyed by the hurricane, half of them life-sustaining food 
crops such as beans and corn. The regions hardest hit by the hurricane 
continue to be the poorest and least developed in Nicaragua and the 
Government of Nicaragua is reporting hunger cases in the northern 
mountainous region. Additionally, landslides triggered by the heavy and 
sustained rains of the hurricane resulted in the loss of forest canopy. 
This problem has affected the environment, resulting in reduced 
rainfall and agricultural yields that are consistently below average. 
Export crops, such as coffee, sugar cane and bananas were also 
destroyed, to a lesser extent but not without resulting reductions in 
export income.
    While the damage resulting from Hurricane Mitch in 1998 formed the 
basis of the initial designation of Nicaragua for TPS, the country has 
remained vulnerable and suffered damage during subsequent storms. 
Hurricane Beta and Tropical Storm Stan severely affected thousands of 
people, destroying houses, medical centers, and schools in October 
2005.
    Based upon this review of conditions in Nicaragua, the Secretary 
finds, after consultation with the appropriate Government agencies, 
that the conditions that prompted the designation of Nicaragua for TPS 
continue to be met. See 8 U.S.C. 1254a(b)(3)(A). There continues to be 
a substantial, but temporary, disruption in living conditions in 
Nicaragua as the result of an environmental disaster, and Nicaragua 
continues to be unable, temporarily, to handle adequately the return of 
its nationals. See 8 U.S.C. 1254a(b)(1)(B). The Secretary also finds 
that it is not contrary to the national interest of the United States 
to 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 Nicaragua 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 Nicaragua

    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 designation of Nicaragua for TPS in January 
1999 continue to be met. See 8 U.S.C 1254a(b)(3)(A). There are 
approximately 4,100 nationals of Nicaragua (or aliens having no 
nationality who last habitually resided in Nicaragua) who have been 
granted TPS and who may be eligible for re-registration. Accordingly, I 
am extending the TPS designation of Nicaragua for 18 months from July 
6, 2007 to January 5, 2009. For instructions on this extension, please 
refer to the following attachment, which includes filing and 
eligibility requirements for Temporary Protected Status and Employment 
Authorization Documents.

    Dated: May 16, 2007.
Michael Chertoff,
Secretary.

Temporary Protected Status Filing Guidelines

Do I need to re-register if I currently have TPS benefits through the 
TPS designation of Nicaragua and would like to maintain them?

    Yes. If you already have received TPS benefits through the 
designation of Nicaragua for TPS, your benefits will expire at 11:59 
p.m. on July 5, 2007. All TPS beneficiaries must comply with the re-
registration requirements described in this Notice in order to maintain 
TPS benefits through January 5, 2009. TPS

[[Page 29536]]

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. All applicants are strongly encouraged to pay close and careful 
attention when filling out the required forms to help ensure that their 
dates of birth, alien registration numbers, spelling of their names, 
and other required information is correctly entered on the forms. 
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    You are applying for  You must complete
 TPS.                          an extension of       and file the Form I-
                               your EAD valid        765, Application
                               through January 5,    for Employment
                               2009.                 Authorization with
                                                     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    You are NOT applying  You must complete
 TPS.                          for renewal of your   and file the Form I-
                               EAD.                  765 with no fee 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   You are applying for  You must complete
 a late initial registrant     a TPS-related EAD.    and file Form I-821
 and you are between the                             with the $50 fee or
 ages of 14 and 65                                   fee waiver request
 (inclusive).                                        and Form I-765 with
                                                     fee or a fee waiver
                                                     request.
You are applying for TPS as   You are applying for  You must complete
 a late initial registrant     a TPS-related EAD.    and file Form I-821
 and are under age 14 or                             with the $50 fee or
 over age 65.                                        fee waiver request.
                                                     You must also
                                                     submit Form I-765
                                                     with no fee.
You are applying for TPS as   You are NOT applying  You must complete
 a late initial registrant,    for an EAD.           and file Form I-821
 regardless of age.                                  with the $50 fee or
                                                     fee waiver request
                                                     and Form I-765 with
                                                     no fee.
Your previous TPS             You are applying to   You must complete
 application is still          renew your            and file the Form I-
 pending.                      temporary treatment   765 with fee or a
                               benefits (i.e., an    fee waiver request.
                               EAD with category     You must also
                               ``C-19'' on its       submit Form I-821
                               face).                with no fee.
------------------------------------------------------------------------

    Certain applicants must also submit a Biometric Service Fee (See 
Table 2).

                    Table 2.--Biometric Service Fees
------------------------------------------------------------------------
             If                        And                  Then
------------------------------------------------------------------------
You are 14 years of age or    1. You are re-        You must submit a
 older.                        registering for       Biometric Service
                               TPS, or.              fee as defined in 8
                                                     CFR 103.7.
                              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
                               (i.e., and EAD with
                               category ``c-19''
                               on its face).
You are younger than 14       You are applying for  You must submit a
 years of age.                 an EAD.               Biometric Service
                                                     fee as defined in 8
                                                     CFR 103.7.
You are younger than 14       You are NOT applying  You do NOT need to
 years of age.                 for an EAD.           submit a Biometric
                                                     Service fee.
------------------------------------------------------------------------

What edition of the Form I-821 should I submit?

    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 I submit my application for TPS?

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

[[Page 29537]]



                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 and  U.S. Citizenship and
 registration or applying to   Immigration           Immigration
 renew your temporary          Services Attn: TPS    Services Attn: TPS
 treatment benefits.           Nicaragua P.O. Box    Nicaragua 427 S.
                               6943 Chicago, IL      LaSalle--3rd Floor
                               60680-6943.           Chicago, IL 60605-
                                                     1029.
You are applying for TPS for  U.S. Citizenship and  U.S. Citizenship and
 the first time, as a late     Immigration           Immigration
 initial registrant, or you    Services Attn: TPS    Services Attn: TPS
 were granted TPS by an        Nicaragua P.O. Box    Nicaragua [EOIR/
 Immigration Judge or the      8631 Chicago, IL      Additional
 Board of Immigration          60680-8631.           Documents] or [Late
 Appeals.                                            Initial Registrant]
                                                     427 S. LaSalle--3rd
                                                     Floor, Chicago, IL
                                                     60605-1029.
------------------------------------------------------------------------

How will I know if I need to submit supporting documentation with my 
application package?

    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 explanation,
 Part 4, Question 2 of Form I-821         on a separate sheet(s) of
 applies to you.                          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        the grant of TPS (such as an
 Appeals.                                 order from the Immigration
                                          Judge) with your application
                                          package. You may NOT file
                                          electronically.
------------------------------------------------------------------------

Can I file my 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.


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 Nicaragua (or an alien who has no nationality 
and who last habitually resided in Nicaragua);
    (2) Have continuously resided in the United States since December 
30, 1998;
    (3) Have been continuously physically present in the United States 
since January 5, 1999; and
    (4) Be both admissible as an immigrant, except as provided under 
section 244(c)(2)(A) of the Immigration and Nationality Act (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 January 5, 1999 to August 
20, 1999), 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 designation 
of Nicaragua, 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 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).

If I currently have TPS, can I lose my TPS benefits?

    An alien 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 that 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

[[Page 29538]]

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 Nicaragua (or aliens having no 
nationality who last habitually resided in Nicaragua) who entered the 
United States after December 30, 1998, 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 
that are not eligible currently. To be eligible for benefits under this 
extension, nationals of Nicaragua (or aliens having no nationality who 
last habitually resided in Nicaragua) must have continuously resided in 
the United States since December 30, 1998 and been continuously 
physically present in the United States since January 5, 1999, the date 
of the initial designation of Nicaragua for TPS.

Employment Authorization Document Automatic Extension Guidelines

Who is eligible to receive an automatic extension of his or her EAD 
from July 5, 2007 to January 5, 2008?

    To receive an automatic extension of an EAD, an individual must be 
a national of Nicaragua (or an alien having no nationality who last 
habitually resided in Nicaragua) who has applied for and received an 
EAD under the designation of Nicaragua for TPS and who has not had TPS 
withdrawn or denied. This automatic extension is limited to: (1) EADs 
issued on Form I-766, Employment Authorization Document, bearing an 
expiration date of July 5, 2006 on the face AND that have a July 2007 
DHS-issued extension sticker on the back of the card; and (2) EADs 
issued on Form I-766, Employment Authorization Document, bearing an 
expiration date of July 31, 2007. These EADs must also bear the 
notation ``A-12'' or ``C-19'' on the face of the card under 
``Category.''

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

    You will receive a notice in the mail with instructions as to 
whether or not you will be required to appear at a USCIS Application 
Support Center (ASC) for biometrics collection. To increase efficiency 
and improve customer service, whenever possible USCIS will reuse 
previously-captured biometrics and conduct the security checks using 
those biometrics such that you may not be required to appear at an ASC.
    Regardless of whether you are required to appear at an ASC, you are 
required to pay the biometrics fee during this re-registration. The fee 
will cover the USCIS costs associated with the use of the collected 
biometrics for FBI and other background checks. USCIS fees fund the 
cost of processing applications and petitions for immigration benefits 
and services, and USCIS' associated operating costs. A detailed 
description of how USCIS developed its current fee schedule is 
contained in the proposed rule, Adjustment of Certain Fees of the 
Immigration Examinations Fee Account, 63 FR 1775 (Jan. 12, 1998).
    If you are required to 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 through the mail that is valid through January 5, 2009. 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. Once your case is resolved and if your application is 
approved, you will receive a new EAD in the mail with an expiration 
date of January 5, 2009.

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 January 5, 2008, 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 January 5, 2008, will be a Form I-766 bearing the 
notation ``A-12'' or ``C-19'' on the face of the card under 
``Category,'' and either: (1) have an expiration date of July 5, 2006 
on the face of the card and have a July 2007 DHS-issued extension 
sticker on the back; or (2) have an expiration date of July 31, 2007 on 
the face of the card. New EADs or extension stickers showing the 
January 5, 2008, expiration date of the six-month automatic extension 
will not be issued. Employers should not request proof of Nicaraguan 
citizenship.
    Employers should accept an EAD as a valid ``List A'' document and 
not ask for additional Form I-9, Employment Eligibility Verification 
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 29539]]



How may employers determine an employee's eligibility for employment 
once the automatic extension has expired on January 5, 2008?

    Eligible TPS aliens will possess an EAD with an expiration date of 
January 5, 2009. 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 January 5, 2008. 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 January 5, 2008.
    After the first six months of this extension, and continuing until 
the end of the extension period, January 5, 2009, a qualified 
individual may present a new EAD valid through January 5, 2009.
    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. E7-10194 Filed 5-25-07; 8:45 am]
BILLING CODE 4410-10-P




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