[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]
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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.
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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
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If-- And-- Then--
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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.
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Certain applicants must also submit a Biometric Service Fee (See
Table 2).
[[Page 61175]]
Table 2.--Biometric Service Fees
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If-- And-- Then--
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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.
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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
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Or, for Non-United
States Postal
If-- Then Mail to-- Service (USPS)
deliveries, Mail to--
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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.
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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 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.
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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