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

[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Notices]               
[Page 53596-53597]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se07-108]                         

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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2421-07; DHS Docket No. USCIS-2007-0049]
RIN 1615-ZA58

 
Automatic Extension of Employment Authorization and Related 
Documentation for Liberians Provided Deferred Enforced Departure

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security (DHS).

ACTION: Notice.

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

SUMMARY: This notice announces an 18-month automatic extension of 
employment authorization and Employment Authorization Documents for 
Liberians (and persons without nationality who last habitually resided 
in Liberia) who have been provided Deferred Enforced Departure (DED) in 
accordance with the Memorandum from President George W. Bush, to 
Secretary of Homeland Security, Michael Chertoff, dated September 12, 
2007. In addition, this notice informs the affected Liberians and their 
employers, or prospective employers, that a copy of this notice 
presented in conjunction with an Employment Authorization Document 
(EAD) expiring on September 30, 2007, that was previously issued to the 
person as a beneficiary of Temporary Protected Status (TPS), may be 
accepted as evidence of a covered individual's continued employment 
authorization through March 31, 2009. This notice further informs 
Liberians covered by DED and their employers how they may determine 
which EADs are automatically extended. Finally, this notice provides 
instructions for those Liberians who have been provided DED and who 
would like to apply for permission to travel outside the United States 
during the 18-month DED period.

DATES: The 18-month automatic extension of employment authorization for 
Liberians who are eligible for DED, including the extension of their 
EADs, as specified in this notice, is effective as of 12:01 a.m. 
October 1, 2007. This automatic extension will expire on March 31, 
2009.

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 it contains. It is not for 
individual case status inquiries. Applicants seeking information 
about the status of their individual cases can check 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.


SUPPLEMENTARY INFORMATION:

Extension of Employment Authorization and EADs

Who is eligible for an 18-month automatic extension of employment 
authorization through March 31, 2009?

    The Department of Homeland Security (DHS) is granting an 18-month 
extension of employment authorization and the EADs specified in this 
notice to Liberians who are provided DED in accordance with President 
Bush's Memorandum to Secretary of Homeland Security, Michael Chertoff, 
dated September 12, 2007 (``Presidential Memorandum''). As described in 
that Presidential Memorandum, such individuals who are nationals of 
Liberia (or persons having no nationality who last habitually resided 
in Liberia) who have TPS status as of September 30, 2007. In accordance 
with his constitutional authority to conduct the foreign relations of 
the United States, the President has directed that such Liberians, who 
are eligible as described in the Presidential Memorandum, be provided 
DED for an 18 month period after their TPS status ends. In addition, 
the President directed Secretary Chertoff and DHS to implement the 
necessary steps to authorize employment for 18 months from October 1, 
2007, for Liberians (and persons without nationality who last resided 
in Liberia) who are eligible for DED in accordance with the 
Presidential Memorandum. If TPS for an individual was withdrawn or 
denied as of September 30, 2007, he or she will not be eligible to 
receive DED or the automatic extension of employment authorization.

Which EADs are automatically extended to March 31, 2009?

    This automatic extension is limited to EADs issued to Liberians (or 
persons without nationality who last habitually resided in Liberia) 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 of the card under ``Category.'' These are 
the same EADs issued in conjunction with the individual's TPS status 
that terminates as of 12:01 a.m. October 1, 2007 (71 FR 55000 
(September 20, 2006)).

How may employers determine whether an EAD has been automatically 
extended for 18 months through March 31, 2009, and is therefore 
acceptable for completion of the Form I-9?

    A Form I-766 (EAD) issued to a Liberian national (or person with no 
nationality who last habitually resided in Liberia) bearing the 
notation ``A-12'' or ``C-19'' on the face of the card under 
``Category,'' and having an expiration date of September 30, 2007, on 
the face of the card, is acceptable for completion of the Form I-9. 
This notice provides an 18 month automatic extension of such EADs until 
March 31, 2009. Employers should not request proof of Liberian 
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

[[Page 53597]]

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. Employees or 
applicants may call the OSC Employee Hotline at 1-800-255-7688 for 
information regarding the automatic extension. Additional information 
is available on the OSC Web site at http://www.usdoj.gov/crt/osc/
index.html.

What documents may a qualified individual show to his or her employer 
as proof of employment authorization and identity when completing Form 
I-9?

    Through March 31, 2009, Liberians (and persons having no 
nationality who last habitually resided in Liberia) who are eligible 
for DED, as described in the Presidential Memorandum, may present a 
copy of this Federal Register Notice regarding the automatic extension 
of employment authorization documentation, along with their Form I-766 
(EAD) bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category,'' and having an expiration date of September 30, 
2007, on the face of the card. 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.

Can an individual apply for an EAD if that individual is eligible for 
DED in accordance with the Presidential Memorandum, but he or she does 
not posses an EAD issued in conjunction with a prior grant of TPS?

    Yes. Individuals granted TPS for Liberia, who did not request or 
receive an EAD, or had their EAD lost, stolen or mutilated and who 
would like a replacement EAD, may apply for an EAD. Such persons may 
file USCIS Form I-765, Application for Employment Authorization 
Document, during the duration of the period that they are eligible for 
DED. Applicants for EADs must also carefully follow the instructions 
accompanying the Form I-765. Please submit Form I-765 and supporting 
documentation to: Vermont Service Center, Attn: I-765, 75 Lower Welden 
St., St. Albans, VT 05479-0001.

On the Form I-765, the individual must indicate that he or she was a 
beneficiary of Liberian TPS that expires as of October 1, 2007, and is 
now eligible for DED. The individual should also include a copy of his 
or her latest Form I-797, Notice of Action, showing that he or she was 
previously approved for TPS, if such copy is available. If biometrics 
are required to produce the secure EAD, the individual may be scheduled 
for an appointment at a USCIS Application Support Center. The EAD that 
is issued will contain an expiration date of March 31, 2009. This EAD 
bearing a March 31, 2009, expiration date may also be presented to 
employers as a valid document for I-9 purposes.

May I request an interim EAD at my local district office?

    No. USCIS will not be issuing interim EADs to individuals eligible 
for DED under the Presidential Memorandum at local district offices.

May an individual who is covered by DED under the Presidential 
Memorandum travel outside of the United States and be permitted to 
return during the 18 month DED period?

    Individuals eligible for DED who would like to travel outside of 
the United States must apply for and receive advance parole by filing 
Form I-131, Application for Travel Document, with required fees. See 8 
CFR 223.2(a). The determination whether to grant advance parole is 
within the discretion of DHS and is not guaranteed in all cases.

    Dated: September 14, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 07-4645 Filed 9-14-07; 3:10 pm]
BILLING CODE 4410-10-P




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