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

[Federal Register: October 29, 2007 (Volume 72, Number 208)]
[Notices]               
[Page 61172-61177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc07-70]                         

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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2416-07; DHS Docket No. USCIS-2007-0052]
RIN-1615-ZA54

 
Termination of the Designation of Burundi for Temporary Protected 
Status; Automatic Extension of Employment Authorization Documentation 
for Burundi TPS Beneficiaries

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

ACTION: Notice.

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

SUMMARY: Following a review of country conditions and consultations 
with the Secretary of State and other appropriate Government agencies, 
the Secretary of Homeland Security has determined that the temporary 
protected status (TPS) designation for Burundi should be terminated. 
This termination will not take effect until May 2, 2009, to provide for 
an orderly transition. This Notice informs the public of the 
termination of the TPS designation for Burundi and sets forth 
procedures for nationals of Burundi (or aliens having no nationality 
who last habitually resided in Burundi)

[[Page 61173]]

with TPS to re-register for TPS benefits. Re-registration is limited to 
persons who have previously registered for TPS under the designation of 
Burundi and whose application has been granted or remains pending. 
Burundians (or aliens having no nationality who last habitually resided 
in Burundi) who have not previously been granted TPS, or who do not 
already have a pending application for TPS under the designation for 
Burundi, may not file under Late Initial Filing (LIFs) provisions, 
which are only allowed during an extension of a designation of TPS.
    Given the timeframes involved with processing TPS re-registration 
applications, the Department of Homeland Security (DHS) recognizes the 
possibility that re-registrants may not receive a new Employment 
Authorization Document (EAD) until after their current EAD expires on 
November 2, 2007. Accordingly, this Notice automatically extends the 
validity of EADs issued under the TPS designation of Burundi for six 
months, through May 2, 2008, and explains how TPS beneficiaries and 
their employers may determine which EADs are automatically extended. 
New EADs with the May 1, 2009, expiration date will be issued to 
eligible TPS beneficiaries who timely re-register and apply for an EAD.

DATES: The termination of the TPS designation for Burundi is effective 
12:01 a.m., local time, May 2, 2009. To maintain TPS benefits for the 
18 months leading up to the effective date of the termination, Burundi 
TPS beneficiaries must comply with the re-registration requirements 
described in this Notice. The 60-day re-registration period begins 
October 29, 2007, and will remain in effect until December 28, 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 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 (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 
terminate the designation of Burundi 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. Such termination may 
not take effect earlier than 60 days after the date of Notice of 
termination is published in the Federal Register. 8 U.S.C. 
1254a(b)(3)(B). The Secretary may determine the appropriate effective 
date of the termination for the purpose of providing an orderly 
transition. 8 U.S.C. 1254a(b)(3)(B); 8 U.S.C. 1254a(d)(3).

Why did the Secretary decide to terminate the TPS designation of 
Burundi?

    On November 4, 1997, the Attorney General published a Notice in the 
Federal Register, at 62 FR 59735, designating Burundi for TPS based 
upon ongoing armed conflict and extraordinary and temporary conditions 
within the country. The Attorney General extended the designation 
finding that the conditions prompting designation continued to exist 
(63 FR 59334). In November 1999, the Attorney General extended and re-
designated TPS for Burundi by publishing a notice in the Federal 
Register at 64 FR 61123. Since that time, TPS for Burundi has been 
extended seven times based upon a determination that the conditions 
warranting the designation continued to be met. 65 FR 67404 (November 
9, 2000); 66 FR 46027 (August 31, 2001); 67 FR 55875 (August 30, 2002); 
68 FR 52405 (September 3, 2003); 69 FR 60165 (October 7, 2004); 70 FR 
52425 (September 2, 2005); 71 FR 54300 (September 14, 2006). The most 
recent extension became effective on November 3, 2006, and is due to 
expire on November 2, 2007.
    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in Burundi. Based upon this review, DHS 
has determined that the TPS designation of Burundi should be terminated 
because the armed conflict is no longer ongoing and because the 
extraordinary and temporary conditions that formed the basis of the 
designation have improved to such a degree that they no longer prevent 
Burundians (or aliens having no nationality who last habitually resided 
in Burundi) from returning to their home country in safety.
    A comprehensive cease-fire was signed in September 2006 with the 
final remaining rebel group, the Parti Pour la Liberation du People 
Hutu-Forces Nationales de Liberation (Party for the Liberation of the 
Hutu People-National Liberation Forces) (also known as the PALIPEHUTU-
FNL or the FNL). The security situation has also improved in the last 
year. As of December 2006, 21,769 former combatants of the armed forces 
and former rebel groups have demobilized. Furthermore, since 2002, 
319,000 Burundian refugees have returned to their homes. In addition, 
the Government of Burundi requested that the United Nations Operation 
in Burundi (ONUB) terminate at the end of 2006, and the United Nations 
role has changed from peacekeeping to supporting the development 
process. Since the last extension of TPS for Burundi, the country has 
shown positive developments in what were then ongoing peace talks with 
the FNL. This year, the Government of Burundi and the FNL have begun 
steps to reintegrate former FNL rebels into society. The implementation 
of a general cease-fire throughout the country, progress in the efforts 
of reconstruction and rebuilding, and active encouragement of refugees 
to repatriate indicate that conditions that warranted the initial 
designation of TPS in 1997 and the re-designation in 1999 no longer 
continue to be met. There are

[[Page 61174]]

approximately 30 nationals of Burundi (or aliens having no nationality 
who last habitually resided in Burundi) who have been granted TPS.
    Based upon this review, the Secretary finds, after consultation 
with the appropriate Government agencies, that the armed conflict is no 
longer ongoing, that the extraordinary and temporary conditions that 
prompted the designation and re-designation of Burundi for TPS no 
longer prevent Burundians (or aliens having no nationality who last 
habitually resided in Burundi) from returning in safety, and that the 
designation of Burundi for TPS should be terminated. See 8 U.S.C. 
1254a(b)(3)(A); 8 U.S.C. 1254(b)(3)(B).

Notice of Termination of the Designation of Burundi for TPS

    By the authority vested in me under section 244(b)(3) of the Act, 
and after consulting with the appropriate Government agencies, I have 
determined that the conditions that prompted designation of Burundi for 
TPS no longer support the TPS designation. Accordingly, I order as 
follows:
    (1) The designation of Burundi under section 244(b)(1)(C) of the 
Immigration and Nationality Act is terminated effective 12:01 a.m., 
local time, May 2, 2009. 8 U.S.C. 1254a(b)(3)(B), (d)(3).
    (2) To maintain TPS and related benefits until the effective date 
of the termination (May 2, 2009), a national of Burundi (or an alien 
having no nationality who last habitually resided in Burundi) who was 
granted TPS and who has not had TPS withdrawn must re-register during 
the 60-day re-registration period from October 29, 2007 until December 
28, 2007.
    (3) To re-register, aliens must follow the filing procedures set 
forth in this Notice.

    Dated: October 11, 2007.
Michael Chertoff,
Secretary.

Temporary Protected Status Filing Guidelines

If I currently have benefits through the TPS designation of Burundi and 
would like to maintain those benefits until the effective date of the 
termination (May 2, 2009), do I need to re-register for TPS?

    Yes. If you already have received TPS benefits through the TPS 
designation of Burundi, your benefits will expire at 11:59 p.m. on 
November 2, 2007. All TPS beneficiaries must comply with the re-
registration requirements described in this Notice in order to maintain 
TPS benefits through May 1, 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 until the effective date 
of the termination (May 2, 2009)?

    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 are 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 May 1, 2009.  for Employment
                                                     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.
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.
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).

[[Page 61175]]



                    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 or a fee
                              2. Your TPS            waiver request.
                               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 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.           Burundi, P.O. Box     Burundi, 427 S.
                               6943, Chicago, IL     LaSalle--3rd Floor,
                               60680-6943.           Chicago, IL 60605-
                                                     1029.
You were granted TPS by an    U.S. Citizenship and  U.S. Citizenship and
 Immigration Judge or the      Immigration           Immigration
 Board of Immigration          Services, Attn: TPS   Services, Attn: TPS
 Appeals.                      Burundi, P.O. Box     Burundi, [EOIR/
                               8677, Chicago, IL     Additional
                               60680-8677.           Documents], 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.

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 expired or

[[Page 61176]]

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, and who do not hold any other lawful immigration 
status, 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 
nonimmigrant 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 Notice allow nationals of Burundi (or aliens having no 
nationality who last habitually resided in Burundi) who entered the 
United States after November 9, 1999, to file for TPS?

    No. This Notice terminating the TPS designation for Burundi does 
not change the required dates of continuous residence and continuous 
physical presence in the United States. This Notice does not expand TPS 
eligibility to those who are not currently registered for TPS under the 
designation of Burundi.

May I register under the late initial registration provisions at this 
time?

    No. Certain nationals of Burundi (or aliens having no nationality 
who last habitually resided in Burundi) who have not previously applied 
for TPS cannot establish eligibility for TPS under the ``late initial 
registration'' provisions. Late initial filings are only permitted 
during an extension of a TPS designation, pursuant to 8 CFR 
244.2(f)(2), not when the TPS designation is being terminated. Thus, 
Burundians (or aliens having no nationality who last habitually resided 
in Burundi) who have not previously filed for TPS and been granted, or 
who do not already have a pending application for TPS under the 
designation for Burundi, may not file under late initial filing 
provisions. Late initial registration applications submitted to USCIS 
under the Burundi designation will be denied.

How does the termination of TPS affect nationals of Burundi (or aliens 
having no nationality who last habitually resided in Burundi) who 
currently receive TPS benefits?

    Once the termination of Burundi's TPS designation becomes effective 
on May 2, 2009, these TPS beneficiaries will maintain the same 
immigration status they held prior to TPS (unless that status has 
expired or been terminated), if any, 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 effective date of termination of the TPS 
designation (May 2, 2009).
    After termination, former TPS beneficiaries will no longer be 
eligible for a stay of removal or employment authorization based on 
TPS. TPS-related EADs issued under the Burundi designation will expire 
and will not be renewed or extended.
    Termination of the TPS designation for Burundi does not necessarily 
affect pending applications for other forms of immigration relief or 
protection. Former TPS beneficiaries, however, will begin to accrue 
unlawful presence as of May 2, 2009, unless they have been granted 
another immigration status or protection or if they have certain 
applications pending. An alien is deemed to be unlawfully present if 
the alien is present in the United States after the expiration of the 
period of stay authorized or is present in the United States without 
being admitted or paroled. See 8 U.S.C. 1182(a)(9)(B), (C) (aliens 
unlawfully present).

Employment Authorization Document Automatic Extension Guidelines

Who is eligible to receive an automatic extension of his or her EAD 
from November 3, 2007 to May 2, 2008?

    To receive an automatic extension of an EAD, an individual must be 
a national of Burundi (or an alien having no nationality who last 
habitually resided in Burundi) who has applied for and received an EAD 
under the designation of Burundi 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 November 2, 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 Burundi 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, USCIS will reuse 
previously-captured biometrics, whenever possible, and conduct the 
security checks using those biometrics, so 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. 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 May 1, 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 May 1, 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.

[[Page 61177]]

How may employers determine whether an EAD has been automatically 
extended for six months through May 2, 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 May 2, 2008, will be a Form I-766 bearing the notation 
``A-12'' or ``C-19'' on the face of the card under ``Category,'' and 
have an expiration date of November 2, 2007, on the face of the card. 
New EADs or extension stickers showing the May 2, 2008, expiration date 
of the six-month automatic extension will not be issued. Employers 
should not request proof of Burundian 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. For questions, employers may 
call the USCIS Customer Assistance Office 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.

How may employers determine an employee's eligibility for employment 
once the automatic six-month extension expires on May 2, 2008?

    Eligible TPS aliens will possess an EAD with an expiration date of 
May 1, 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 TPS-based 
EADs to their employers, as described above, as proof of identity and 
employment authorization through May 2, 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 May 2, 2008. After May 2, 2008, a qualified 
individual may present a new EAD valid through May 1, 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. E7-21128 Filed 10-26-07; 8:45 am]
BILLING CODE 4410-10-P




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