[Federal Register: October 1, 2008 (Volume 73, Number 191)]
[Notices]
[Page 57128-57133]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc08-103]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2456-08; DHS Docket No. USCIS-2008-0034]
RIN 1615-ZA73
Extension of the Designation of El Salvador for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
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SUMMARY: This Notice announces that the Secretary of Homeland Security
has extended the designation of El Salvador for temporary protected
status (TPS) for 18 months, from its current expiration date of March
9, 2009 through September 9, 2010. 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 with U.S. Citizenship and Immigration Services (USCIS). Unlike
the prior extension of TPS for El Salvador, this Notice does not
automatically extend previously-issued employment authorization
documents (EADs). Eligible TPS beneficiaries must apply to USCIS for
extensions of their EADs, and pay the required application fee for such
extensions, during the 90-day registration period. Re-registration is
limited to persons who have previously registered with USCIS for TPS
under the designation of El Salvador and whose applications have been
granted by or remain pending with USCIS. Certain nationals of El
Salvador (or aliens having no nationality who last habitually resided
in El Salvador) who have not previously applied to USCIS for TPS may be
eligible to apply under the late initial registration provisions.
DATES: The extension of the TPS designation of El Salvador is effective
March 10, 2009, and will remain in effect through September 9, 2010.
The 90-day re-registration period begins October 1, 2008, and will
remain in effect until December 30, 2008. To facilitate processing of
applications, applicants are strongly encouraged to file as soon as
possible after the start of the 90-day re-registration period beginning
on October 1, 2008.
FOR FURTHER INFORMATION CONTACT: Shelly Sweeney, 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 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 (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.
HSA--Homeland Security Act of 2002.
OSC--U.S. Department of Justice Office of Special Counsel for
Immigration Related Unfair Employment Practices.
EAD--Employment Authorization Document.
Secretary--Secretary of Homeland Security.
TPS--Temporary Protected Status.
USCIS--U.S. Citizenship and Immigration Services.
What Is Temporary Protected Status?
TPS is an immigration status DHS grants to eligible nationals of
designated countries or part of a designated country. During the period
for which the Secretary of Homeland Security (Secretary) has designated
a country for TPS, TPS beneficiaries are eligible to remain in the
United States and may obtain work authorization. The granting of TPS
does not lead to permanent resident status. When the Secretary
terminates a country's TPS designation, beneficiaries return to the
same immigration status they maintained before TPS (unless that status
had since expired or been terminated) or to any other status they may
have been obtained while registered for TPS.
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, after consultation with
appropriate agencies of the government, to designate a foreign State
(or part thereof) for TPS.\1\
[[Page 57129]]
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).
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\1\ As of March 1, 2003, in accordance with section 1517 of
Title XV of the Homeland Security Act of 2002 (HSA), Public Law No.
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,
Sec. 1517).
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At least 60 days before the expiration of a TPS designation, 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, must determine the length of an
extension of the TPS designation. Sections 244(b)(3)(A) and (C) of the
Act, 8 U.S.C. 1254a(b)(3)(A) and (C). 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, 8 U.S.C. 1254a (b)(3)(B).
The Secretary's determination to designate a country for TPS, or to
extend or terminate such designation, is not subject to judicial
review. Section 244(b)(5) of the Act, 8 U.S.C. 1254a(b)(5)(A).
Why was El Salvador initially designated for TPS?
On March 9, 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 that
occurred on January 13, and February 13 and 17, 2001.
When was the TPS designation for El Salvador extended?
The Attorney General and the Secretary of Homeland Security have
extended the designation for El Salvador five times on the basis that
the conditions warranting the March 9, 2001, designation continued to
be met. See 67 FR 46000 (July 11, 2002); 68 FR 42071 (July 16, 2003);
70 FR 1450 (January 7, 2005); 71 FR 34637 (June 15, 2006); and 72 FR
46649 (August 21, 2007).
Why is the Secretary extending the TPS designation for El Salvador
through September 9, 2010?
Over the past year, DHS and the Department of State have continued
to review conditions in El Salvador. Based on this review, DHS has
determined that an 18-month extension is warranted because there
continues to be a substantial, but temporary, disruption of living
conditions in El Salvador resulting from the series of earthquakes that
struck the country in 2001, and because El Salvador remains unable,
temporarily, to adequately handle the return of its nationals, as
required for TPS designations based on significant earthquake damage.
Section 244(b)(1)(B) of the Act; 8 U.S.C. 1254a(b)(1)(B).
El Salvador has still not completed reconstruction of the
infrastructure damaged by several severe 2001 earthquakes.
Transportation, housing, education, and health sectors are still
suffering from the 2001 earthquakes, the lingering effects of which
limit El Salvador's ability to absorb a large number of potential
returnees. The Salvadoran government assessed that 276,594 houses were
affected by the earthquakes. As of February 2007, 136,988 houses had
been reconstructed or repaired, approximately 50 percent of the total
number destroyed or damaged. A housing program funded by the European
Union was completed in March 2007, with a total of 5,482 houses
constructed. As of June 2008, a housing program funded by the Inter-
American Development Bank (3,500 houses) was underway with completion
anticipated by the middle of 2009. In June 2003, the Salvadoran
legislature approved borrowing $142.6 million for the reconstruction of
seven hospitals. As of June 2008, reconstruction of one of seven main
hospitals was completed. Reconstruction of three others was underway
with completion anticipated by the end of 2008.
Based upon this review, the Secretary has determined, after
consultation with the appropriate government agencies, that the
conditions that prompted the designation of El Salvador for TPS
continue to be met. See section 244(b)(3)(A) of the Act; 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 the
series of earthquakes that struck the country in 2001, and El Salvador
continues to be unable, temporarily, to handle adequately the return of
its nationals. See section 244(b)(1)(B) of the Act. On the basis of
these findings and determinations, the Secretary concludes that the
designation of El Salvador for TPS should be extended for an additional
18-month period. See section 244(b)(3)(C) of the Act, 8 U.S.C.
1254a(b)(3)(C). There are approximately 229,000 nationals of El
Salvador (or aliens having no nationality who last habitually resided
in El Salvador) who are eligible for TPS under this designation.
What Actions Should Qualifying Aliens Take Pursuant to This Notice?
To maintain TPS, a national of El Salvador (or an alien having no
nationality who last habitually resided in El Salvador) who was granted
TPS and who has not had TPS withdrawn must re-register for TPS during
the 90-day re-registration period from October 1, 2008 until December
30, 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 El Salvador 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 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 the designation of El Salvador for temporary
protected status (TPS) on March 9, 2001, continue to be met. See
section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). Accordingly,
I am extending the TPS designation of El Salvador for 18 months from
March 10, 2009, through September 9, 2010.
Dated: August 29, 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 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 on March 9, 2009.
All TPS beneficiaries must comply with the re-registration
requirements, and submit any associated application fees or
applications for waivers of the fees, described in this Notice in order
to maintain TPS benefits through September 9, 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
[[Page 57130]]
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 the 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
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If And Then
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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 September Application for
9, 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.
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Certain applicants must also submit a Biometric Service Fee (See
Table 2).
Table 2--Biometric Service Fee
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If And Then
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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
fee waiver
request.
2. You are
applying for TPS
under the late
initial
registration
provisions, or.
3. Your TPS
application is
still pending and
you are applying
to renew
temporary
treatment
benefits (i.e.,
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
fee.
2. You are NOT
applying for an
EAD.
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What editions of Form I-821 and Form I-765 should I submit?
Only versions of Form I-821 dated October 17, 2007 (Rev. 10/17/07),
or later, will be accepted. Only versions of Form I-765 dated May 27,
2008 (Rev. 5/27/08), 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
[[Page 57131]]
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
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Or, for courier
If Then mail to deliveries, mail
to
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You are applying for re- U.S. Citizenship U.S. Citizenship
registration or applying to and Immigration and Immigration
renew your temporary treatment Services, Attn: Services, Attn:
benefits. TPS El Salvador, TPS El Salvador,
P.O. Box 8635, 131 S. Dearborn--
Chicago, IL 60680- 3rd Floor,
8635. Chicago, IL 60603-
5517.
You are applying for the first U.S. Citizenship U.S. Citizenship
time as a late initial and Immigration and Immigration
registrant. Services, Attn: Services, Attn:
TPS El Salvador, TPS El Salvador
P.O. Box 8670, [Additional
Chicago, IL 60680- Documents], 131
8670. S. Dearborn--3rd
Floor, Chicago,
IL 60603-5517.
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If you were granted TPS by an Immigration Judge or the Board of
Immigration Appeals you must submit evidence of the grant of TPS (such
as an order from the Immigration Judge) with your application. In
addition, when you receive your receipt notice (Form I-797) you will
need to send an e-mail to Tpsijgrant.vsc@dhs.gov that includes the
following information:
Your name;
Your date of birth;
The receipt number for your re-registration;
Your A-number; and
The date you were granted TPS.
Please note that the email address provided above is solely for re-
registration applicants who were granted TPS by Immigration Judges and
by the Board of Immigration Appeals to use to notify USCIS of their
grants of TPS. 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, or
applicants may call the USCIS National Customer Service Center.
Can I file my application electronically?
If you are filing for re-registration and do not need to submit
supporting documentation (see Table 4) 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 4 below to determine if you need to submit supporting
documentation.
Table 4--Who Should Submit Supporting Documentation?
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If Then
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One or more of the questions You must submit an explanation, on a
listed in Part 4, Question 2 of separate sheet(s) of paper, and/or
Form I-821 applies to you. additional documentation must be
provided.
You were granted TPS by an You must include evidence of the
Immigration Judge or the Board of grant of TPS (such as an order from
Immigration Appeals. the Immigration Judge) with your
application package.
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How do I know if I am eligible for late initial 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 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 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 initial designation of TPS (March 9, 2001
to September 9, 2002), 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 reparole; 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 conditions described above. See 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 listed above 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
section 244(c)(2)(A)(iii) of the Act; 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 section 208(b)(2)(A) of the Act, 8 U.S.C.
1158(b)(2)(A) (describing the bars to asylum). 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,
[[Page 57132]]
(2) Fail to timely re-register for TPS without good cause, or
(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. Having been granted TPS does not,
of itself, provide an alien with a basis for seeking lawful permanent
resident status. A TPS beneficiary who wants to become a lawful
permanent resident must qualify for this status based on a family
relationship, employment classification, or other generally available
basis for immigration, and must be otherwise admissible as an
immigrant. The alien may need to go abroad to obtain an immigrant visa,
if the alien is not eligible for adjustment of status. If the alien is
subject to any ground of inadmissibility, the alien would need to
obtain any necessary waiver in order to become a lawful permanent
resident.
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, you will maintain
the same immigration status that you held prior to obtaining TPS
(unless that status has since expired or been terminated), or any other
status you 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 he or she 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, or 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 alien'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. 1254a(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii).
Can 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, file for TPS?
No. This extension does not expand TPS eligibility to those who are
not currently eligible. To be eligible for benefits under this
extension, nationals 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 have been
continuously physically present in the United States since March 9,
2001. See section 244(c)(1) of the Act, 8 U.S.C. 1254a(c)(1), also 66
FR 14214 (Mar. 9, 2001).
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 reuse 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 or submit an
appropriately supported fee waiver request. See 8 CFR 244.6. 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.
Failure to appear at an ASC for a required ASC appointment will
result in denial of your case due to abandonment unless you submit an
address change notification (see instructions below) or a rescheduling
request prior to your appointment.
If no further action is required for your case, you will receive a
new EAD by mail valid through September 9, 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 September 9, 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: U.S. Citizenship and
Immigration Services, Change of Address, P.O. 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 processing 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.
[[Page 57133]]
Will my current EAD that is set to expire on March 9, 2009,
automatically be extended for six months?
No. This Notice does not automatically extend previously-issued
EADs. DHS has announced the extension of the TPS designation of El
Salvador and established the re-registration period at an early date to
allow sufficient time for DHS to process EAD requests prior to the
March 9, 2009, expiration date. You must file during the 90-day re-
registration period. Failure to apply during the re-registration period
without good cause will result in a withdrawal of your TPS benefits.
DHS strongly encourages you to file as early as possible within the re-
registration period.
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 EADs may only be issued by the
Vermont Service Center.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9?
After March 9, 2009, a TPS beneficiary under TPS for El Salvador
who has timely re-registered with USCIS as directed under this Notice
and obtained a new EAD may present his or her new valid EAD to his or
her employer as proof of employment authorization and identity.
Employers may not accept previously issued EADs that are no longer
valid. Individuals also may present any other legally acceptable
document or combination of documents listed on the Form I-9 as proof of
identity and employment eligibility.
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 rules
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. Additional information is
available on the OSC Web site at http://www.usdoj.gov/crt/osc/
index.html.
[FR Doc. E8-22979 Filed 9-30-08; 8:45 am]
BILLING CODE 9111-97-P