ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



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


[Federal Register: August 21, 2007 (Volume 72, Number 161)]
[Notices]               
[Page 46649-46653]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au07-89]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2411-07; DHS Docket No. USCIS-2007-0028]
RIN 1615-ZA50

 
Extension of the Designation of El Salvador for Temporary 
Protected Status; Automatic Extension of Employment Authorization 
Documentation for Salvadoran TPS Beneficiaries

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

ACTION: Notice of extension of temporary protected status designation 
of El Salvador.

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

SUMMARY: This Notice announces that the designation of El Salvador for 
Temporary Protected Status (TPS) has been extended for 18 months to 
March 9, 2009, from its current expiration date of September 9, 2007. 
This Notice also sets forth procedures necessary for nationals of El 
Salvador (or aliens having no nationality who last habitually resided 
in El Salvador) 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 El Salvador and 
whose application has been granted or remains pending. Certain 
nationals of El Salvador (or aliens having no nationality who last 
habitually resided in El Salvador) 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 September 9, 2007. Accordingly, this Notice automatically 
extends the validity of EADs issued under the TPS designation of El 
Salvador for 6 months, through March 9, 2008, and explains how TPS 
beneficiaries and their employers may determine which EADs are 
automatically extended. New EADs with the March 9, 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 El Salvador is effective 
September 10, 2007, and will remain in effect until 11:59 p.m. on March 
9, 2009. The 60-day re-registration period begins August 21, 2007, and 
will remain in effect until October 22, 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 August 21, 2007.

FOR FURTHER INFORMATION CONTACT: Shelly Hock, 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://www.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.
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 El Salvador 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 El 
Salvador?

    On March 19, 2001, the Attorney General published a Notice in the 
Federal Register, at 66 FR 14214, designating El Salvador for TPS due 
to the devastation caused by a series of severe earthquakes. Subsequent 
to that date, the Attorney General and the Secretary have extended TPS 
for El Salvador four times, determining in each instance that the 
conditions warranting the designation continued to be met. 67 FR 46000 
(July 11, 2002); 68 FR 42071 (July 16, 2003); 70 FR 1450 (Jan. 7, 
2005); 71 FR 34637 (June 15, 2006). The most recent extension became 
effective on September 9, 2006, and is due to expire on September 9, 
2007.
    On February 1, 2007, the Government of El Salvador requested an 
extension of the TPS designation of El Salvador. Over the past year, 
DHS and the Department of State (DOS) have continued to review 
conditions in El Salvador. 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 in living 
conditions in El Salvador resulting from

[[Page 46650]]

the earthquakes that struck the country in 2001, and El Salvador 
remains unable, temporarily, to adequately handle the return of its 
nationals, as is required for TPS designations based on environmental 
disasters. 8 U.S.C. 1254a(b)(1)(B).
    There has been a great deal of reconstruction, and significant 
recovery has been realized in repairing the more than 2,300 kilometers 
of major roads and highways that were severely damaged by the 
earthquakes. By the end of July 2004, it was reported that all major 
roads appeared to have been reconstructed and were functioning. 
However, despite this progress, current conditions in El Salvador still 
reflect much of the destruction caused by the earthquakes, and other 
critical infrastructure remains damaged or destroyed, particularly in 
the area of health care.
    In 2006, the Salvadoran government released its final assessment 
that 276,594 houses were affected by the 2001 earthquakes (166,529 
destroyed and 110,065 damaged). At the end of 2004, USAID completed its 
earthquake reconstruction program, including the construction of 26,872 
houses, and in February 2005, it was reported that in San Vicente and 
Cuscatl[aacute]n, two of the most affected departments, 80 percent and 
85 percent, respectively, of the damaged housing had been 
reconstructed. As of February 2007, the Salvadoran government stated 
that nearly 50 percent of the total number of houses destroyed or 
damaged by the earthquakes (136,988 houses), had been reconstructed or 
repaired. A housing program funded by the European Union, which was 
started in 2004 (5,500 houses), was almost complete, and a housing 
program funded by the Inter-American Development Bank (3,500 houses) 
was still underway, with a target date for completion set later in 
2007.
    Eight hospitals and 113 of the 361 health facilities, representing 
55 percent of the country's capacity to deliver health services, were 
severely damaged by the earthquakes. Although the Ministry of Health 
reported that 95 percent of community health centers damaged or 
destroyed by the earthquakes had been rebuilt, reconstruction of 
damaged hospitals has faced repeated delays. As of February 2007, 
reconstruction of two of the country's seven main hospitals had begun, 
with reconstruction of the other five still in either the design or 
bidding stages. Completion of the reconstruction of these seven 
facilities is targeted for 2009.
    Based upon this review, the Secretary finds, after consultation 
with the appropriate Government agencies, that the conditions that 
prompted the designation of El Salvador 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 El Salvador as the result 
of an environmental disaster, and El Salvador 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 El Salvador 
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 El Salvador

    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 El Salvador for TPS in March 
2001 continue to be met. See 8 U.S.C 1254a(b)(3)(A). There are 
approximately 234,000 nationals of El Salvador (or aliens having no 
nationality who last habitually resided in El Salvador) who have been 
granted TPS and who may be eligible for re-registration. Accordingly, I 
am extending the TPS designation of El Salvador for 18 months from 
September 10, 2007 to March 9, 2009. 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.

Michael Chertoff,
Secretary.

Temporary Protected Status Filing Guidelines

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

    Yes. If you already have received TPS benefits through the TPS 
designation of El Salvador, your benefits will expire at 11:59 p.m. on 
September 9, 2007. All TPS beneficiaries must comply with the re-
registration requirements described in this Notice in order to maintain 
TPS benefits through March 9, 2009. 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 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 to 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 March 9,      for Employment
                               2009.                 Authorization, with
                                                     the fee of $340 or
                                                     a fee waiver
                                                     request. You must
                                                     also submit Form I-
                                                     821, Application
                                                     for Temporary
                                                     Protected Status,
                                                     with no fee.

[[Page 46651]]


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
                                                     the fee of $340 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 the fee of
                               benefits (i.e., an    $340 or a fee
                               EAD with category     waiver request. You
                               ``c-19'' on its       must also submit
                               face).                Form I-821,
                                                     Application for
                                                     Temporary Protected
                                                     Status, 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 of $80 as
                              2. You are applying    defined in 8 CFR
                               for TPS under the     103.7 or a fee
                               late initial          waiver request.
                               registration
                               provisions, or.
                              3. Your TPS
                               application is
                               still pending and
                               you are applying to
                               renew temporary
                               treatment benefits
                               (i.e., 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 of $80 as
                                                     defined in 8 CFR
                                                     103.7 or a fee
                                                     waiver request.
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.

                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.           El Salvador, P.O.     El Salvador, 427 S.
                               Box 8635, Chicago,    LaSalle--3rd Floor,
                               IL 60680-8635.        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        El Salvador, P.O.     El Salvador, [EOIR/
 Immigration Judge or the      Box 8670, Chicago,    Additional
 Board of Immigration          IL 60680-8670.        Documents] or [Late
 Appeals.                                            Initial
                                                     Registrant], 427 S.
                                                     LaSalle--3rd Floor,
                                                     Chicago, IL 60605-
                                                     1029.
------------------------------------------------------------------------


[[Page 46652]]

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   You must submit an explanation, on a
 listed in Part 4, Question 2   separate sheet(s) of paper, and/or
 of Form I-821 applies to you.  additional documentation must be
                                provided. You may NOT file
                                electronically.
You were granted TPS by an     You must include evidence of the grant of
 Immigration Judge or the       TPS (such as an order from the
 Board of Immigration Appeals.  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 El Salvador (or an alien who has no 
nationality and who last habitually resided in El Salvador);
    (2) Have continuously resided in the United States since February 
13, 2001;
    (3) Have been continuously physically present in the United States 
since March 9, 2001; 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 March 9, 2001 to September 
9, 2002), 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 El Salvador, 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 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 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 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 El Salvador (or aliens having no 
nationality who last habitually resided in El Salvador) who entered the 
United States after February 13, 2001, 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

[[Page 46653]]

of El Salvador (or aliens having no nationality who last habitually 
resided in El Salvador) must have continuously resided in the United 
States since February 13, 2001 and been continuously physically present 
in the United States since March 9, 2001, the date of the current 
designation of El Salvador for TPS.

Employment Authorization Document Automatic Extension Guidelines

Who is eligible to receive an automatic extension of his or her EAD 
from September 9, 2007 to March 9, 2008?

    To receive an automatic extension of an EAD, an individual must be 
a national of El Salvador (or an alien having no nationality who last 
habitually resided in El Salvador) who has applied for and received an 
EAD under the designation of El Salvador 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 either July 5, 2006, or September 9, 2006, on the 
face AND that have a September 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 September 30, 
2007. These EADs must also bear the notation ``A-12'' or ``C-19'' on 
the face card under ``Category.''

If I am currently registered under the designation of El Salvador 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 as to whether or not they 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 the Immigration and 
Naturalization Benefit Application and Petition Fee Schedule, at 72 FR 
4888 (Feb. 1, 2007). The fee schedule was established in a final rule 
on May 30, 2007. 72 FR 29851.
    If you are required to report to an 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 by mail valid through March 9, 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 March 9, 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 March 9, 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 March 9, 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, or September 9, 
2006 on the face of the card, and a September 2007 DHS-issued extension 
sticker on the back; or (2) have an expiration date of September 30, 
2007 on the face of the card. New EADs or extension stickers showing 
the March 9, 2008, expiration date of the six-month automatic extension 
will not be issued. Employers should not request proof of Salvadoran 
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
.


How may employers determine an employee's eligibility for employment 
once the automatic six-month extension expires on March 9, 2008?

    Eligible TPS aliens will possess an EAD with an expiration date of 
March 9, 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 March 9, 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 March 9, 2008.
    After the first six months of this extension, and continuing until 
the end of the extension period, March 9, 2009, a qualified individual 
may present a new EAD valid through March 9, 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. E7-16092 Filed 8-20-07; 8:45 am]

BILLING CODE 4410-10-P




Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: