[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Notices]
[Page 53596-53597]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se07-108]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2421-07; DHS Docket No. USCIS-2007-0049]
RIN 1615-ZA58
Automatic Extension of Employment Authorization and Related
Documentation for Liberians Provided Deferred Enforced Departure
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security (DHS).
ACTION: Notice.
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SUMMARY: This notice announces an 18-month automatic extension of
employment authorization and Employment Authorization Documents for
Liberians (and persons without nationality who last habitually resided
in Liberia) who have been provided Deferred Enforced Departure (DED) in
accordance with the Memorandum from President George W. Bush, to
Secretary of Homeland Security, Michael Chertoff, dated September 12,
2007. In addition, this notice informs the affected Liberians and their
employers, or prospective employers, that a copy of this notice
presented in conjunction with an Employment Authorization Document
(EAD) expiring on September 30, 2007, that was previously issued to the
person as a beneficiary of Temporary Protected Status (TPS), may be
accepted as evidence of a covered individual's continued employment
authorization through March 31, 2009. This notice further informs
Liberians covered by DED and their employers how they may determine
which EADs are automatically extended. Finally, this notice provides
instructions for those Liberians who have been provided DED and who
would like to apply for permission to travel outside the United States
during the 18-month DED period.
DATES: The 18-month automatic extension of employment authorization for
Liberians who are eligible for DED, including the extension of their
EADs, as specified in this notice, is effective as of 12:01 a.m.
October 1, 2007. This automatic extension will expire on March 31,
2009.
FOR FURTHER INFORMATION CONTACT: Shelly Hock, Status and Family Branch,
Office of Service Center Operations, U.S. Citizenship and Immigration
Services, Department of Homeland Security, 20 Massachusetts Avenue,
NW., 2nd Floor, Washington, DC 20529, telephone (202) 272-1533. This is
not a toll-free call. Further information will also be available at
local USCIS offices upon publication of this Notice and on the USCIS
Web site at http://www.uscis.gov.
Note: The phone number provided here is solely for questions
regarding this notice and the information it contains. It is not for
individual case status inquiries. Applicants seeking information
about the status of their individual cases can check Case Status
Online available at the USCIS Web site listed above, or applicants
may call the USCIS National Customer Service Center at 1-800-375-
5283.
SUPPLEMENTARY INFORMATION:
Extension of Employment Authorization and EADs
Who is eligible for an 18-month automatic extension of employment
authorization through March 31, 2009?
The Department of Homeland Security (DHS) is granting an 18-month
extension of employment authorization and the EADs specified in this
notice to Liberians who are provided DED in accordance with President
Bush's Memorandum to Secretary of Homeland Security, Michael Chertoff,
dated September 12, 2007 (``Presidential Memorandum''). As described in
that Presidential Memorandum, such individuals who are nationals of
Liberia (or persons having no nationality who last habitually resided
in Liberia) who have TPS status as of September 30, 2007. In accordance
with his constitutional authority to conduct the foreign relations of
the United States, the President has directed that such Liberians, who
are eligible as described in the Presidential Memorandum, be provided
DED for an 18 month period after their TPS status ends. In addition,
the President directed Secretary Chertoff and DHS to implement the
necessary steps to authorize employment for 18 months from October 1,
2007, for Liberians (and persons without nationality who last resided
in Liberia) who are eligible for DED in accordance with the
Presidential Memorandum. If TPS for an individual was withdrawn or
denied as of September 30, 2007, he or she will not be eligible to
receive DED or the automatic extension of employment authorization.
Which EADs are automatically extended to March 31, 2009?
This automatic extension is limited to EADs issued to Liberians (or
persons without nationality who last habitually resided in Liberia) on
Form I-766, Employment Authorization Document, bearing an expiration
date of September 30, 2007. These EADs must also bear the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category.'' These are
the same EADs issued in conjunction with the individual's TPS status
that terminates as of 12:01 a.m. October 1, 2007 (71 FR 55000
(September 20, 2006)).
How may employers determine whether an EAD has been automatically
extended for 18 months through March 31, 2009, and is therefore
acceptable for completion of the Form I-9?
A Form I-766 (EAD) issued to a Liberian national (or person with no
nationality who last habitually resided in Liberia) bearing the
notation ``A-12'' or ``C-19'' on the face of the card under
``Category,'' and having an expiration date of September 30, 2007, on
the face of the card, is acceptable for completion of the Form I-9.
This notice provides an 18 month automatic extension of such EADs until
March 31, 2009. Employers should not request proof of Liberian
citizenship.
Employers should accept an EAD as a valid ``List A'' document and
not ask for additional Form I-9, Employment Eligibility Verification,
documentation if presented with an EAD that has been extended pursuant
to this Federal Register Notice, and the EAD reasonably appears on its
face to be genuine and to relate to the employee. This does not
[[Page 53597]]
affect the right of an applicant for employment or an employee to
present any legally acceptable document as proof of identity and
eligibility for employment.
Note to Employers
Employers are reminded that the laws requiring employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those setting forth re-verification
requirements, see 8 CFR 274a.2(b)(1)(vii). For questions, employers may
call the USCIS Office of Business Liaison Employer Hotline at 1-800-
357-2099. Also, employers may call the U.S. Department of Justice
Office of Special Counsel for Immigration Related Unfair Employment
Practices (OSC) Employer Hotline at 1-800-255-8155. Employees or
applicants may call the OSC Employee Hotline at 1-800-255-7688 for
information regarding the automatic extension. Additional information
is available on the OSC Web site at http://www.usdoj.gov/crt/osc/index.html
.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9?
Through March 31, 2009, Liberians (and persons having no
nationality who last habitually resided in Liberia) who are eligible
for DED, as described in the Presidential Memorandum, may present a
copy of this Federal Register Notice regarding the automatic extension
of employment authorization documentation, along with their Form I-766
(EAD) bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category,'' and having an expiration date of September 30,
2007, on the face of the card. In the alternative, any legally
acceptable document or combination of documents listed in List A, List
B, or List C of the Form I-9 may be presented as proof of identity and
employment eligibility.
Can an individual apply for an EAD if that individual is eligible for
DED in accordance with the Presidential Memorandum, but he or she does
not posses an EAD issued in conjunction with a prior grant of TPS?
Yes. Individuals granted TPS for Liberia, who did not request or
receive an EAD, or had their EAD lost, stolen or mutilated and who
would like a replacement EAD, may apply for an EAD. Such persons may
file USCIS Form I-765, Application for Employment Authorization
Document, during the duration of the period that they are eligible for
DED. Applicants for EADs must also carefully follow the instructions
accompanying the Form I-765. Please submit Form I-765 and supporting
documentation to: Vermont Service Center, Attn: I-765, 75 Lower Welden
St., St. Albans, VT 05479-0001.
On the Form I-765, the individual must indicate that he or she was a
beneficiary of Liberian TPS that expires as of October 1, 2007, and is
now eligible for DED. The individual should also include a copy of his
or her latest Form I-797, Notice of Action, showing that he or she was
previously approved for TPS, if such copy is available. If biometrics
are required to produce the secure EAD, the individual may be scheduled
for an appointment at a USCIS Application Support Center. The EAD that
is issued will contain an expiration date of March 31, 2009. This EAD
bearing a March 31, 2009, expiration date may also be presented to
employers as a valid document for I-9 purposes.
May I request an interim EAD at my local district office?
No. USCIS will not be issuing interim EADs to individuals eligible
for DED under the Presidential Memorandum at local district offices.
May an individual who is covered by DED under the Presidential
Memorandum travel outside of the United States and be permitted to
return during the 18 month DED period?
Individuals eligible for DED who would like to travel outside of
the United States must apply for and receive advance parole by filing
Form I-131, Application for Travel Document, with required fees. See 8
CFR 223.2(a). The determination whether to grant advance parole is
within the discretion of DHS and is not guaranteed in all cases.
Dated: September 14, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 07-4645 Filed 9-14-07; 3:10 pm]
BILLING CODE 4410-10-P