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

[Federal Register: August 14, 2008 (Volume 73, Number 158)]
[Notices]               
[Page 47606-47611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au08-46]                         

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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2452-08; DHS Docket No. USCIS-2008-0029]
RIN 1615-ZA69

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

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

ACTION: Notice.

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

SUMMARY: This Notice announces that the Secretary of Homeland Security 
has extended the designation of Sudan for temporary protected status 
(TPS) for 18 months, from its current expiration date of November 2, 
2008 through May 2, 2010. This Notice also sets forth procedures 
necessary for nationals of Sudan (or aliens having no nationality who 
last habitually resided in Sudan) with TPS to re-register with U.S. 
Citizenship and Immigration Services (USCIS) and to apply for an 
extension of their employment authorization documents (EADs) for the 
additional 18-month period. Re-registration is limited to persons who 
have previously registered for TPS under the designation of Sudan and 
whose applications have been granted or remain pending. Certain 
nationals of Sudan (or aliens having no nationality who last habitually 
resided in Sudan) who have not previously applied for TPS may be 
eligible to apply under the late initial registration provisions.
    Given the timeframes involved with processing TPS re-registration 
applications, the Department of Homeland Security (DHS) recognizes the 
possibility that all re-registrants may not receive new EADs until 
after their current EADs expire on November 2, 2008. Accordingly, this 
Notice automatically extends the validity of EADs issued under the TPS 
designation of Sudan for six months, through May 2, 2009, and explains 
how TPS beneficiaries and their employers may determine which EADs are 
automatically extended. USCIS will issue new EADs with the May 2, 2010 
expiration date to eligible TPS beneficiaries who timely re-register 
and apply for EADs.

DATES: The extension of the TPS designation of Sudan is effective 
November 3, 2008, and will remain in effect through May 2, 2010. The 
60-day re-registration period begins August 14, 2008, and will remain 
in effect until October 14, 2008. 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 14, 2008.

FOR FURTHER INFORMATION CONTACT: Claudia Young, 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 TPS notice. 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

[[Page 47607]]

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
IDPs--Internally Displaced Persons
OSC--U.S. Department of Justice Office of Special Counsel for 
Immigration Related Unfair Employment Practices
SAF--Sudanese Armed Forces
Secretary--Secretary of Homeland Security
SPLM/A--Sudanese People's Liberation Movement/Army
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 Sudan for TPS?

    Section 244(b)(1) of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a(b)(1), authorizes the Secretary of Homeland Security 
(Secretary), after consultation with appropriate agencies of the 
Government, to designate a foreign State (or part thereof) for TPS.\1\ 
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). Section 244(a)(1)(A) of the Act; 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------

    \1\ As of March 1, 2003, in accordance with section 1517 of 
Title XV of the Homeland Security Act of 2002 (HSA), Public Law 107-
296, 116 Stat. 2135, any reference to the Attorney General in a 
provision of the Immigration and Nationality Act describing 
functions which were transferred from the Attorney General or other 
Department of Justice official to the Department of Homeland 
Security by the HSA ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (2003) (codifying HSA, Title XV, 
section 1517).
---------------------------------------------------------------------------

    At least 60 days before the expiration of the TPS designation, the 
Secretary, after consultations with appropriate agencies of the 
Government, must review the conditions in a foreign State designated 
for TPS and determine whether the conditions for the TPS designation 
continue to be met and, if so, must determine the length of an 
extension of the TPS designation. Section 244(b)(3)(A), (C) of the Act. 
If the Secretary determines that the foreign State no longer meets the 
conditions for the TPS designation, he must terminate the designation. 
Section 244(b)(3)(B) of the Act.

Why was Sudan initially designated for TPS?

    On November 4, 1997, the Attorney General published a Notice in the 
Federal Register, at 62 FR 59737, designating Sudan for TPS based on an 
ongoing armed conflict and extraordinary and temporary conditions 
within that country. See Section 244(a)(b)(1)(A), (C) of the Act; 8 
U.S.C. 1254a(b)(1)(A), (C).

 When was the TPS designation for Sudan extended?

    On November 3, 1998, the Attorney General extended the designation 
determining that the conditions warranting such designation continued 
to be met. 63 FR 59337.
    On November 9, 1999, the Attorney General extended and re-
designated Sudan by publishing a Notice in the Federal Register, at 64 
FR 61128, based upon the ongoing armed conflict and extraordinary and 
temporary conditions within Sudan which had worsened.
    After that date, the Attorney General and then the Secretary of 
Homeland Security (Secretary) extended the TPS designation of Sudan 
four times, determining in each instance that the conditions warranting 
the designation continued to be met. 65 FR 67407 (Nov. 9, 2000); 66 FR 
46031 (Aug. 31, 2001); 67 FR 55877 (Aug. 30, 2002); 68 FR 52410 (Sept. 
3, 2003).
    On October 7, 2004, the Secretary extended and re-designated Sudan 
for TPS due to the intensification of the ongoing armed conflict in the 
Darfur region and the extraordinary and temporary conditions resulting 
from the ongoing conflict. 69 FR 60168.
    After October 2004, the Secretary extended the TPS designation of 
Sudan two times, determining in each instance that the conditions 
warranting the designation continued to be met. 70 FR 52429 (Sept. 2, 
2005); 72 FR 10541 (May 3, 2007). Thus, since the initial designation 
of Sudan for TPS in 1997, the Attorney General, and later, the 
Secretary, have extended--or re-designated and extended--TPS for Sudan 
a total of ten times, including this 2008 extension.

Why has the Secretary decided to extend the TPS designation for Sudan 
through May 2, 2010?

    Over the past year, DHS and the Department of State (DOS) have 
continued to review conditions in Sudan. Based on this review, DHS has 
determined that an 18-month extension is warranted because the armed 
conflict is ongoing, and the extraordinary and temporary conditions 
that prompted the October 7, 2004, re-designation persist.
    Armed conflict continues in the Darfur region of Western Sudan. 
Since early 2003, armed conflict has persisted between the government 
of Sudan and the Sudanese People's Liberation Movement/Army (SPLM/A). 
Furthermore, violence against civilians has continued, with reports of 
killings, rapes, beatings, looting and burning of property throughout 
the region, including at camps for internally displaced people. 
Deliberate targeting of civilians continues to be a hallmark of 
violence perpetrated by all parties to the conflict. Since the 
beginning of this conflict, approximately 2.45 million people have been 
forced to leave their homes and are internally displaced.
    In Darfur and Southern Sudan, conditions remained the same or have 
worsened over the past year. By June 2008, implementation of the 2005 
peace agreement had not advanced and key issues, particularly the 
status and future of Abyei, the division of oil revenues, border 
demarcation and deployment of armed forces remained unresolved. There 
were 280,000 newly displaced Sudanese (including 80,000 displaced in 
the first two months of 2008), bringing the total number of internally 
displaced persons (IDPs) to 2,387,000. Large-scale violence by the 
Sudanese government and its allies directed against civilians was 
reported, including an attack in February 2008 that killed 115 people 
and forced 30,000 from their homes. Additionally, a clash between the 
Sudanese Armed Forces (SAF) and SPLM/A in Abyei in May 2008 has 
displaced over 100,000 people. Moreover, violence has been increasingly 
directed against humanitarian workers, of whom 14,000 are presently in 
Darfur. This violence includes robberies, hijackings of humanitarian 
aid vehicles, and attacks on humanitarian facilities.
    Based upon this review, the Secretary has determined, after 
consultation with the appropriate Government agencies, that the 
conditions that prompted the designation of Sudan for TPS continue to 
be met. See section 244(b)(3)(A) of the Act; 8 U.S.C. 1254a(b)(3)(A). 
An ongoing armed conflict and extraordinary and temporary conditions in 
Sudan prevent aliens who are nationals of Sudan (or aliens having no 
nationality who last habitually resided in Sudan) from returning in 
safety. 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 section 244(b)(1)(C) of the Act. On the basis of these 
findings and determinations, the Secretary concludes that the 
designation of Sudan for TPS should be extended for an additional 18-
month period. See section 244(b)(3)(C) of the Act. There are 
approximately 500 nationals of Sudan

[[Page 47608]]

(or aliens having no nationality who last habitually resided in Sudan) 
who are eligible for TPS under this extended designation.

What actions should qualifying aliens take pursuant to this notice?

    To maintain TPS, a national of Sudan (or an alien having no 
nationality who last habitually resided in Sudan) who was granted TPS 
and who has not had TPS withdrawn must re-register for TPS during the 
60-day re-registration period from August 14, 2008 until October 14, 
2008. To re-register, aliens must follow the filing procedures set 
forth in this Notice. An addendum to this Notice provides instructions 
on this extension, including filing and eligibility requirements for 
TPS and EADs. Information concerning the extension of the designation 
of Sudan for TPS also will be available at local USCIS offices upon 
publication of this Notice and on the USCIS Web site at http://
www.uscis.gov.

Notice of Extension of the TPS Designation of Sudan

    By the authority vested in me as Secretary of Homeland Security 
under section 244 of the Act, 8 U.S.C. 1254a, I have determined, after 
consultation with the appropriate Government agencies, that the 
conditions that prompted re-designation of Sudan for temporary 
protected status (TPS) on October 7, 2004, continue to be met. See 
section 244(b)(3)(A). Accordingly, I am extending the TPS designation 
of Sudan for 18 months from November 3, 2008, through May 2, 2010.

    Dated: August 6, 2008.
Michael Chertoff,
Secretary.

Temporary Protected Status Filing Requirements

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

    Yes. If you already have received TPS benefits through the TPS 
designation of Sudan, your benefits will expire on November 2, 2008. 
All TPS beneficiaries must comply with the re-registration requirements 
described in this Notice in order to maintain TPS benefits through May 
2, 2010. TPS benefits include temporary protection against removal from 
the United States and employment authorization during the TPS 
designation period. Section 244(a)(1) of the Act; 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. Section 244(c)(3)(C) of the Act; 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 Tables 1 and 2 
below. The following are some helpful tips to keep in mind when 
completing your application:
     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.
     All questions on required forms should be fully and 
completely answered. Failure to fully complete each required form may 
result in a delay in processing of your application.
     Aliens who have previously registered for TPS, but whose 
applications remain pending, should follow the filing instructions in 
this Notice if they wish to renew their TPS benefits.
     All TPS re-registration applications submitted without the 
required fees will be returned to applicants.
     All fee waiver requests should be filed in accordance with 
8 CFR 244.20.
     If you received an EAD during the most recent registration 
period, please submit a photocopy of the front and back of your EAD.

             Table 1--Application Forms and Application Fees
------------------------------------------------------------------------
              If--                       And--              Then--
------------------------------------------------------------------------
You are re-registering for TPS..  You are applying    You must complete
                                   for an extension    and file the Form
                                   of your EAD valid   I-765,
                                   through May 2,      Application for
                                   2010.               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 TPS..  You are Not         You must complete
                                   applying for        and file the Form
                                   renewal of your     I-765 with no fee
                                   EAD.                and Form I-821
                                                       with no fee.
                                                       Note: Do Not
                                                       check any box for
                                                       the question ``I
                                                       am applying for''
                                                       listed on Form I-
                                                       765, as you are
                                                       Not requesting an
                                                       EAD benefit.
You are applying for TPS as a     You are applying    You must complete
 late initial registrant (see      for a TPS-related   and file Form I-
 below) and you are between the    EAD.                821 with the $50
 ages of 14 and 65 (inclusive).                        fee or fee waiver
                                                       request and Form
                                                       I-765 with the
                                                       fee of $340 or a
                                                       fee waiver
                                                       request.
You are applying for TPS as a     You are applying    You must complete
 late initial registrant and are   for a TPS-related   and file Form I-
 under age 14 or over age 65.      EAD.                821 with the $50
                                                       fee or fee waiver
                                                       request. You must
                                                       also submit Form
                                                       I-765 with no
                                                       fee.
You are applying for TPS as a     You are Not         You must complete
 late initial registrant,          applying for an     and file Form I-
 regardless of age.                EAD.                821 with the $50
                                                       fee or fee waiver
                                                       request and Form
                                                       I-765 with no
                                                       fee.
Your previous TPS application is  You are applying    You must complete
 still pending.                    to renew your       and file the Form
                                   temporary           I-765 with the
                                   treatment           fee of $340 or a
                                   benefits (i.e.,     fee waiver
                                   an EAD with         request. You must
                                   category ``C-19''   also submit Form
                                   on its face).       I-821, with no
                                                       fee.
------------------------------------------------------------------------


[[Page 47609]]

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

                     Table 2--Biometric Service Fee
------------------------------------------------------------------------
               If                         And                Then
------------------------------------------------------------------------
You are 14 years of age or older  1. You are re-      You must submit a
                                   registering for     Biometric Service
                                   TPS, or.            fee of $80 or a
                                  2. You are           fee waiver
                                   applying for TPS    request.
                                   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.,
                                   EAD with category
                                   ``C-19'' on its
                                   face).
You are younger than 14 years of   1. You are         You do Not need to
 age.                              applying for an     submit a
                                   EAD, or.            Biometric Service
                                  2. You are Not       fee.
                                   applying for an
                                   EAD.
------------------------------------------------------------------------

What edition of the forms should I submit?

    Only versions of Form I-821 dated October 17, 2007, or later will 
be accepted. Only versions of Form I-765 dated May 27, 2008, or later 
will be accepted. The revision date can be found in the bottom right 
corner of the form. The proper forms 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 mail your application for TPS to the following address: U.S. 
Citizenship and Immigration Services, Attn: TPS Sudan, P.O. Box 8677, 
Chicago, IL 60680-8677.
    Or, for courier deliveries, please mail your application to: U.S. 
Citizenship and Immigration Services, Attn: TPS Sudan, 131 S. 
Dearborn--3rd Floor, Chicago, IL 60603-5517.

Can I file my application electronically?

    If you are filing for re-registration and do not need to submit 
supporting documentation (see Table 3) 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.

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

    See Table 3 below to determine if you need to submit supporting 
documentation.

          Table 3--Who Should Submit Supporting Documentation?
------------------------------------------------------------------------
                   If                                  Then
------------------------------------------------------------------------
 One or more of the questions listed in   You must submit an
 Part 4, Question 2 of Form I-821         explanation, on a separate
 applies to you.                          sheet(s) of paper, and/or
                                          additional documentation must
                                          be provided.
 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.
------------------------------------------------------------------------

How do I know if I am eligible for late registration?

    You may be eligible for late initial registration under 8 CFR 
244.2. In order to be eligible for late initial registration, you must:
    (1) Be a national of Sudan (or an alien who has no nationality and 
who last habitually resided in Sudan);
    (2) Have continuously resided in the United States since October 7, 
2004;
    (3) Have been continuously physically present in the United States 
since October 7, 2004; and
    (4) Be both admissible as an immigrant, except as provided under 
section 244(c)(2)(A) of the Immigration and Nationality Act (Act), and 
not ineligible under section 244(c)(2)(B) of the Act.
    Additionally, you must be able to demonstrate that during the 
registration period for the most recent re-designation (from October 7, 
2004 to April 5, 2005), you:
    (1) Were 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) Were a parolee or had a pending request for re-parole; or
    (4) Are 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 applicable condition described above. 8 CFR 
244.2(g). All late initial registration applications for TPS, pursuant 
to the designation of Sudan, should be submitted to the appropriate 
address listed above in Chicago, Illinois.

Are certain aliens ineligible for TPS?

    Yes. There are certain criminal and terrorism-related 
inadmissibility grounds that render an alien ineligible for TPS. See 
section 244(c)(2)(A)(iii); 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, 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 section 244(c)(2)(B)(ii) of the Act; 8 U.S.C. 
1254a(c)(2)(B)(ii).

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

    TPS and related benefits will be withdrawn if you:
    (1) Are not eligible for TPS;
    (2) Fail to timely re-register for TPS without good cause; or

[[Page 47610]]

    (3) Fail to maintain continuous physical presence in the United 
States. See sections 244(c)(3)(A)-(C) of the Act; 8 U.S.C. 
1254a(c)(3)(A)-(C).

Does TPS lead to lawful permanent residence status?

    No. TPS is a temporary benefit that does not lead to lawful 
permanent residence status or confer any other immigration status. 
Sections 244(f)(1) and (h) of the Act; 8 U.S.C. 1254a(f)(1), and (h).

If I am currently covered under TPS, what status will I have if my 
country's TPS designation is terminated?

    When a country's TPS designation is terminated, TPS beneficiaries 
will maintain the same immigration status, if any, that they held prior 
to obtaining TPS (unless that status has since expired or been 
terminated), or any other status they may have acquired while 
registered for TPS. Accordingly, if you held no lawful immigration 
status prior to being granted TPS and did not obtain any other status 
during the TPS period, you 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, 
must 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. Section 244(a)(5) of the Act; 8 U.S.C. 1254a(a)(5). For the 
purposes of change of status, and adjustment of status, an alien is 
considered to be in, and maintaining, lawful status as a nonimmigrant 
during the period in which the alien is granted TPS. See section 
244(f)(4) of the Act; 8 U.S.C. 1254a(f)(4). However, if an alien has 
periods of time when he or she had no lawful immigration status before, 
or after, the alien's time in TPS, those period(s) of unlawful presence 
may negatively affect that alien's ability to adjust to permanent 
resident status or attain other immigration benefits, depending on the 
circumstances of the specific case. See, e.g. , section 212(a)(9) of 
the Act; 8 U.S.C. 1182(a)(9) (unlawful presence ground of 
inadmissibility that is triggered by a departure from the United 
States). In some cases, the unlawful presence ground of 
inadmissibility, and certain other grounds of inadmissibility, may be 
waived when an alien applies to adjust to permanent resident status or 
for another immigration status.

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 sections 244(b)(2)(A)(ii) and 244(c)(2)(B)(ii) of the Act; 8 
U.S.C. 1158(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii).

Can a national of Sudan (or aliens having no nationality who last 
habitually resided in Sudan) who entered the United States after 
October 7, 2004 file for TPS?

    No. This extension does not expand TPS eligibility to those that 
are not currently eligible. To be eligible for benefits under this 
extension, nationals of Sudan (or aliens having no nationality who last 
habitually resided in Sudan) must have continuously resided and have 
been continuously physically present in the United States since October 
7, 2004, the date of the most recent re-designation of Sudan for TPS.

Employment Authorization Document Automatic Extension Guidelines

Who is eligible to receive an automatic six-month EAD extension from 
November 3, 2008, to May 2, 2009?

    To receive an automatic six-month extension of an EAD, an 
individual must be a national of Sudan (or an alien having no 
nationality who last habitually resided in Sudan) who has applied for 
and received an EAD under the designation of Sudan for TPS and who has 
not had TPS withdrawn or denied. This automatic extension is limited to 
EADs issued on Form I-766, Employment Authorization Document, bearing 
an expiration date of November 2, 2008. These EADs must also bear the 
notation ``A-12'' or ``C-19'' on the face of the card under 
``Category.''

What documents should I bring to my ASC appointment?

    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 use an individual's previously-captured biometrics and will 
conduct necessary security checks using those biometrics, such that you 
may not be required to appear at an ASC. Due to systems limitations, it 
may not be possible in every case to reuse biometrics.
    However, even if you do not need to attend an ASC appointment, you 
are required to pay the separate biometrics fee. This fee will help 
cover the USCIS costs associated with use and maintenance of collected 
biometrics (such as fingerprints) for FBI and other background checks, 
identity verification and document production.
    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 2, 2010. If your case requires 
further resolution, USCIS will contact you in writing to explain what 
additional information, if any, is necessary to resolve your case. If 
your application is subsequently approved, you will receive a new EAD 
in the mail with an expiration date of May 2, 2010.

What if my address changes after I file my re-registration application?

    If your address changes after you file your application for re-
registration, you must complete and submit Form AR-11 by mail or 
electronically. The mailing address is:
    USCIS, Change of Address, PO Box 7134, London, KY 40742-7134.
    Form AR-11 can also be filed electronically by following the 
directions on the USCIS Web site at: http://www.uscis.gov. To 
facilitate the processing of your address change on your TPS 
application, you may call the USCIS National Customer Service Center at 
1-800-375-5283 (TTY 1-800-767-1833) to request that your address be 
updated on your application. Please note that calling the USCIS 
National Customer Service Center does not relieve you of your burden to 
properly file a Form AR-11 with USCIS.

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

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

[[Page 47611]]

EADs may only be issued at the Vermont Service Center.

How may employers determine whether an EAD has been automatically 
extended for six-months through May 2, 2009, and therefore acceptable 
for completion of the Form I-9, Employment Eligibility Verification?

    An EAD that has been automatically extended by this Notice through 
May 2, 2009, will bear the notation ``A-12'' or ``C-19'' on the face of 
the Form I-766 under ``Category,'' and will have an expiration date of 
November 2, 2008, printed on the face of the card. New EADs or 
extension stickers showing the May 2, 2009, expiration date of the six-
month automatic extension will not be issued. Employers should not 
request proof of Sudanese citizenship.
    Employers should accept an EAD as a valid ``List A'' document and 
not ask for additional Form I-9 documentation if presented with an EAD 
that has been extended pursuant to this Federal Register Notice, so 
long as the EAD reasonably appears on its face to be genuine and to 
relate to the employee. This extension 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 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, 2009?

    Eligible TPS aliens will possess an EAD on Form I-766 with an 
expiration date of May 2, 2010. The EAD will bear 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?

    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 May 2, 2009. 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, 2009. After May 2, 2009, a qualified 
individual may present a new EAD valid through May 2, 2010.
    In the alternative, any legally acceptable document or combination 
of documents as listed on the Form I-9 may be presented as proof of 
identity and employment eligibility.

[FR Doc. E8-18826 Filed 8-13-08; 8:45 am]
BILLING CODE 9111-97-P



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