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Federal Register / Vol. 84, No.

41 / Friday, March 1, 2019 / Notices 7103

(5) An estimate of the total number of DHS is further announcing it is Immigration Services, U.S. Department
respondents and the amount of time automatically extending through of Homeland Security, by mail at 20
estimated for an average respondent to January 2, 2020, the validity of TPS- Massachusetts Avenue NW,
respond: The estimated total number of related Employment Authorization Washington, DC 20529–2060, or by
respondents for the information Documents (EADs), Forms I–797, Notice phone at 800–375–5283.
collection I–601 is 17,000 and the of Action (Approval Notice), and Forms • For further information on TPS,
estimated hour burden per paper I–94 (Arrival/Departure Record) please visit the USCIS TPS web page at
response is 1.75 hours and the estimated (collectively ‘‘TPS-Related http://www.uscis.gov/tps. You can find
hour burden per electronically-filed Documentation’’), as specified in this specific information about this
response is 1.33 hours. notice, for beneficiaries under the TPS continuation of the TPS benefits for
(6) An estimate of the total public designations for Sudan, Nicaragua, eligible individuals under the TPS
burden (in hours) associated with the Haiti, and El Salvador, provided that the designations for Sudan, Nicaragua,
collection: The total estimated annual affected TPS beneficiaries remain Haiti, and El Salvador by selecting the
hour burden associated with this otherwise individually eligible for TPS. respective country’s page from the menu
collection is 29,750 hours. See INA section 244(c)(3). This Notice on the left side of the TPS web page.
(7) An estimate of the total public also provides information explaining • If you have additional questions
burden (in cost) associated with the DHS’s plans to issue a subsequent about TPS, please visit uscis.gov/tools.
collection: The estimated total annual notice that will describe the steps DHS Our online virtual assistant, Emma, can
cost burden associated with this will take after January 2, 2020, should answer many of your questions and
collection of information is $6,311,250. continued compliance with the point you to additional information on
preliminary injunction be necessary. our website. If you are unable to find
Dated: February 22, 2019.
DATES: The TPS designations of Sudan, your answers there, you may also call
Samantha L. Deshommes,
Nicaragua, Haiti, and El Salvador will our USCIS Contact Center at 800–375–
Chief, Regulatory Coordination Division, 5283.
Office of Policy and Strategy, U.S. Citizenship remain in effect, as required by the
preliminary injunction order of the U.S. • Applicants seeking information
and Immigration Services, Department of
Homeland Security. District Court for the Northern District about the status of their individual cases
of California in Ramos v. Nielsen, No. may check Case Status Online, available
[FR Doc. 2019–03630 Filed 2–28–19; 8:45 am]
18–cv–01554 (N.D. Cal. Oct. 3, 2018), so on the USCIS website at http://
BILLING CODE 9111–97–P
long as the preliminary injunction www.uscis.gov, or call the USCIS
remains in effect. TPS for those Contact Center at 800–375–5283 (TTY
countries will not be terminated unless 800–767–1833).
DEPARTMENT OF HOMELAND • Further information will also be
SECURITY and until any superseding, final, non-
available at local USCIS offices upon
appealable judicial order permits the
U.S. Citizenship and Immigration publication of this Notice.
implementation of such terminations.
Services Information on the status of the SUPPLEMENTARY INFORMATION:

[CIS No. 2641–19; DHS Docket No. USCIS– preliminary injunction will be available Table of Abbreviations
2018–0005] at http://uscis.gov/tps.
BIA—Board of Immigration Appeals
Further, DHS is automatically
RIN 1615–ZB78 CFR—Code of Federal Regulations
extending the validity of TPS-Related DHS—U.S. Department of Homeland
Documentation for those beneficiaries Security
Continuation of Documentation for under the TPS designations for Sudan, DOS—U.S. Department of State
Beneficiaries of Temporary Protected Nicaragua, Haiti, and El Salvador, as EAD—Employment Authorization Document
Status Designations for Sudan, specified in this Notice. Those FNC—Final Nonconfirmation
Nicaragua, Haiti, and El Salvador documents will remain in effect for nine Form I–94—Arrival/Departure Record
months through January 2, 2020, FR—Federal Register
AGENCY: U.S. Citizenship and
provided the individual’s TPS is not Government—U.S. Government
Immigration Services, Department of IJ—Immigration Judge
Homeland Security. withdrawn under INA section 244(c)(3) INA—Immigration and Nationality Act
ACTION: Notice. or 8 CFR 244.14 because of ineligibility. IER—U.S. Department of Justice Civil Rights
See 83 FR 54764 (Oct. 31, 2018) (notice Division, Immigrant and Employee Rights
SUMMARY: Through this notice, the stating that should Ramos injunction Section
Department of Homeland Security continue beyond April 2, 2019, DHS SAVE—USCIS Systematic Alien Verification
(DHS) announces actions to ensure its will publish a subsequent notice to for Entitlements Program
continued compliance with the extend TPS-related Documentation of Secretary—Secretary of Homeland Security
preliminary injunction order of the U.S. eligible beneficiaries under the TPS TNC—Tentative Nonconfirmation
designations of Sudan, Nicaragua, Haiti, TPS—Temporary Protected Status
District Court for the Northern District
TTY—Text Telephone
of California in Ramos v. Nielsen, No. and El Salvador for nine months from USCIS—U.S. Citizenship and Immigration
18–cv–01554 (N.D. Cal. Oct. 3, 2018) that date). Services
(‘‘preliminary injunction’’). In the event the preliminary
Beneficiaries under the Temporary injunction is reversed and that reversal Background on Temporary Protected
Protected Status (TPS) designations for becomes final, DHS will allow for an Status (TPS)
Sudan, Nicaragua, Haiti, and El orderly transition period, as described • TPS is a temporary immigration
Salvador will retain their TPS while the in the ‘‘Possible Future Action’’ section status granted to eligible nationals of a
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preliminary injunction remains in of this Notice. country designated for TPS under the
effect, provided that an individual’s TPS FOR FURTHER INFORMATION CONTACT: INA, or to eligible persons without
is not withdrawn under Immigration • You may contact Samantha nationality who last habitually resided
and Nationality Act (INA) section Deshommes, Chief, Regulatory in the designated country.
244(c)(3) or 8 CFR 244.14 because of Coordination Division, Office of Policy • During the TPS designation period,
ineligibility. and Strategy, U.S. Citizenship and TPS beneficiaries are eligible to remain

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7104 Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices

in the United States, may not be individual’s TPS status is not 01/05/2019
removed, and are authorized to obtain withdrawn under INA section 244(c)(3) 04/02/2019
EADs so long as they continue to meet because of ineligibility. See also 8 CFR 07/22/2019
the requirements of TPS. 244.14. 09/09/2019
• TPS beneficiaries may also apply DHS is further announcing it is
for and be granted travel authorization automatically extending through Additionally, a beneficiary under the
as a matter of discretion. January 2, 2020, the validity of TPS- TPS designations for Sudan, Nicaragua,
• The granting of TPS does not result related Employment Authorization Haiti, or El Salvador who applied for a
in or lead to lawful permanent resident Documents (EADs), Forms I–797, Notice new EAD but who has not yet received
status. of Action (Approval Notice), and Forms his or her new EAD is also covered by
• To qualify for TPS, beneficiaries I–94 (Arrival/Departure Record) this automatic extension, provided that
must meet the eligibility standards at (collectively ‘‘TPS-Related the EAD he or she possesses contains
INA section 244(c)(1)–(2), 8 U.S.C. Documentation’’), as specified in this one of the expiration dates noted in the
1254a(c)(1)–(2). notice, for beneficiaries under the TPS chart above. Such individuals may show
• When the Secretary terminates a designations for Sudan, Nicaragua, this Federal Register notice and their
country’s TPS designation, beneficiaries Haiti, and El Salvador, provided that the EAD to employers to demonstrate they
return to one of the following: affected TPS beneficiaries remain have employment authorization and
Æ The same immigration status or otherwise individually eligible for TPS. that their TPS-Related Documentation
category that they maintained before See INA section 244(c)(3). This notice has been extended through January 2,
TPS, if any (unless that status or also provides information explaining 2020. This Notice explains how TPS
category has since expired or been DHS’s plans to issue a subsequent beneficiaries and their employers may
terminated); or notice that will describe the steps DHS determine which EADs are
Æ Any other lawfully obtained will take after January 2, 2020, to automatically extended and how this
immigration status or category they continue its compliance with the affects the Form I–9, Employment
received while registered for TPS, as preliminary injunction should such Eligibility Verification, E-Verify, and
long as it is still valid on the date TPS compliance be required. USCIS Systematic Alien Verification for
terminates.
Automatic Extension of EADs Entitlements (SAVE) processes.
Purpose of This Action
Through this Federal Register notice, Automatic Extension of Forms I–94
Through this Federal Register notice, DHS automatically extends through (Arrival/Departure Record) and Forms
the Department of Homeland Security January 2, 2020, the validity of EADs I–797 (Notice of Action (Approval
(DHS) announces actions to ensure its with the category codes ‘‘A–12’’ or ‘‘C– Notice))
continued compliance with the 19’’ and one of the expiration dates
preliminary injunction order of the U.S. shown below that have been issued In addition, through this Federal
District Court for the Northern District under the TPS designations of Sudan, Register notice, DHS automatically
of California in Ramos v. Nielsen, No. Nicaragua, Haiti, and El Salvador: 1 extends through January 2, 2020, the
18–cv–01554 (N.D. Cal. Oct. 3, 2018). validity periods of the following Forms
07/22/2017
Beneficiaries under the TPS I–94 and Forms I–797, Notice of Action
11/02/2017
designations for Sudan, Nicaragua, 01/05/2018 (Approval Notice), previously issued to
Haiti, and El Salvador will retain their 01/22/2018 eligible beneficiaries granted TPS under
TPS while the preliminary injunction 03/09/2018 the designations for Sudan, Nicaragua,
remains in effect, provided that an 11/02/2018 Haiti, and El Salvador:
Beginning date of
Country End date of validity:
validity:

Sudan ...................................................................................................................................................... May 3, 2016 ........... Nov. 2, 2017.


Nov. 3, 2017 .......... Nov. 2, 2018.
Nicaragua ................................................................................................................................................ July 6, 2016 ........... Jan. 5, 2018.
Jan. 6, 2018 ........... Jan. 5, 2019.
Haiti ......................................................................................................................................................... Jul. 23, 2017 .......... Jan. 22, 2018.
Jan. 23, 2018 ......... July 22, 2019.
El Salvador .............................................................................................................................................. Sept. 10, 2016 ....... Mar. 9, 2018.
Mar. 10, 2018 ........ Sept. 9, 2019.

However, the extension of this registration period prescribed in the TPS-related Form I–94 or Form I–797,
validity period applies only if the May 24, 2017 Federal Register notice Notice of Action (Approval Notice),
eligible TPS beneficiary properly filed (82 FR 23830), or has a re-registration issued to a TPS beneficiary that contains
for TPS re-registration during the most application that remains pending. In an end date not on the chart above
recent DHS-announced registration addition, the extension does not apply where the individual has failed to file
period for the applicable country, or in if the TPS of any such individual has for TPS re-registration, or where his or
the case of Haiti, during the most recent been finally withdrawn. This notice her re-registration request has been
such re-registration period or the re- does not extend the validity date of any finally denied.
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1 This chart also includes the expired EADs for through January 17, 2019 and March 4, 2019. For under the TPS designation for Haiti), and March 9,
those beneficiaries under the TPS designations for verification of employment eligibility and 2018 and September 9, 2019 (for EADs issued to
Haiti and El Salvador with pending re-registration immigration status, USCIS is auto-extending the beneficiaries under the TPS designation for El
applications who were issued individual notices expired EADs, bearing the dates July 22, 2017 and Salvador).
automatically extending their expired EADs January 22, 2018 (for EADs issued to beneficiaries

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Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices 7105

Application Procedures • Haiti—July 22, 2019; judicial order that permits the
Current beneficiaries under the TPS • El Salvador—September 9, 2019. implementation of such terminations, or
designations for Sudan, Nicaragua, To the extent that a Federal Register (b) on the Secretary’s previously-
Haiti, and El Salvador do not need to notice has auto-extended TPS-Related announced effective date for the
pay a fee or file any application, Documentation beyond the 120-day termination of TPS designations for
including the Application for orderly transition period, DHS reserves each individual country. To the extent
Employment Authorization (Form I– the right to issue a subsequent Federal that a subsequent Federal Register
765), to maintain their TPS benefits Register notice announcing an notice has auto-extended TPS-Related
through January 2, 2020, if they have expiration date for the documentation Documentation beyond the 120-day
properly re-registered for TPS during that corresponds to the last day of the orderly transition period, DHS reserves
the most recent DHS-announced 120-day orderly transition period. the right to issue another Federal
registration period for their country. Register notice invalidating the
Additional Notes documents at the end of the orderly
TPS beneficiaries who have failed to re-
register properly for TPS during the last Nothing in this notice affects DHS’s transition period.
registration period may still file Form I– ongoing authority to determine on a DHS will issue another Federal
821 (Application for Temporary case-by-case basis whether TPS Register notice approximately 30 days
Protected Status) but must demonstrate beneficiaries continue to meet the before January 2, 2020, that will either
‘‘good cause’’ for failing to re-register on individual eligibility requirements for extend TPS-Related Documentation for
time, as required by law. See INA TPS described in section 244(c) of the an additional nine months from January
section 244(c)(3)(C) (TPS beneficiary’s INA and the implementing regulations 2, 2020, or provide appropriate
failure to register without good cause in in part 244 of Title 8 of the Code of procedures for obtaining renewed TPS
form and manner specified by DHS is Federal Regulations. documentation for all affected eligible
ground for TPS withdrawal); 8 CFR Notice of Compliance With Court Order beneficiaries under the TPS
244.17(b) and Instructions to Form I– Enjoining the Implementation and designations for Sudan, Nicaragua,
821. Any eligible beneficiary under the Enforcement of Determinations To Haiti, and El Salvador. DHS will
TPS designations for Sudan, Nicaragua, Terminate the TPS Designations of continue to issue Federal Register
Haiti, or El Salvador who either does Sudan, Nicaragua, Haiti, and El notices at nine-month intervals so long
not possess an EAD that is automatically Salvador as the preliminary injunction remains in
extended by this Notice, or wishes to place and will continue its commitment
As required by the preliminary to a 120-day orderly transition period,
apply for a new EAD may file Form I–
injunction order of the U.S. District as described above.
765 with appropriate fee (or fee waiver
Court for the Northern District of All TPS beneficiaries must continue
request). If approved, USCIS will issue
California in Ramos v. Nielsen, No. 18– to maintain their TPS eligibility by
an EAD with a January 2, 2020,
cv–01554 (N.D. Cal. Oct. 3, 2018), the meeting the requirements for TPS in
expiration date. Similarly, USCIS will
previously-announced determinations INA section 244(c) and part 244 of Title
issue an EAD with a January 2, 2020
to terminate the existing designations of 8 of the Code of Federal Regulations.
expiration date for those with pending
TPS for Sudan, Nicaragua, Haiti, and El DHS will continue to adjudicate any
EAD applications that are ultimately
Salvador 3 will not be implemented or pending TPS re-registration and
approved.
enforced unless and until the District pending late initial applications for
Possible Future Action Court’s Order is reversed and that affected beneficiaries from the four
If it becomes necessary to comply reversal becomes final for some or all of countries, and continue to make
with statutory requirements for TPS re- these four countries. appropriate individual TPS withdrawal
registration during the pendency of the In further compliance with the Order, decisions in accordance with existing
Court’s Order or any superseding court DHS is publishing this Federal Register procedures if an individual no longer
order concerning the beneficiaries under Notice automatically extending the maintains TPS eligibility. DHS may
the TPS designations for Sudan, validity of the TPS-Related continue to announce periodic re-
Nicaragua, Haiti, and El Salvador, DHS Documentation specified above in the registration procedures for eligible TPS
may announce re-registration Supplementary Information section of beneficiaries in accordance with the
procedures in a future Federal Register this Notice for nine months from April INA and DHS regulations. Should the
notice. See section 244(c)(3)(C) of the 2, 2019 through January 2, 2020, for preliminary injunction order remain in
INA; 8 CFR 244.17. eligible beneficiaries under the TPS effect, DHS will take appropriate steps
In the event the preliminary designations for Sudan, Nicaragua, to continue its compliance with the
injunction is reversed and that reversal Haiti, and El Salvador. preliminary injunction and all statutory
becomes final, DHS will allow for an Any termination of TPS-Related requirements.
orderly transition period, ending on the Documentation for beneficiaries under
later of (a) 120 days from the effective the TPS designations for Sudan, Claire M. Grady,
date of such a superseding, final order, Nicaragua, Haiti, and El Salvador will Under Secretary for Management and Senior
or (b) on the Secretary’s previously- go into effect on the later of: (a) 120 days Official Performing the Duties of the Deputy
from the effective date of any Secretary.
announced effective date for the
termination of TPS designations for superseding, final, non-appealable Approved Forms To Demonstrate
each individual country, as follows: Continuation of Lawful Status and TPS-
• Sudan—N/A; 2
3 See Termination of the Designation of Sudan for
Related Employment Authorization
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Temporary Protected Status, 82 FR 47228 (Oct. 11,


• Nicaragua—N/A; 2017); Termination of the Designation of Nicaragua • This Federal Register Notice March
for Temporary Protected Status, 82 FR 59636 (Dec.
2 Any 120-day transition period would end later 15, 2017); Termination of the Designation of Haiti 1, 2019.
than the Secretary’s previously-announced effective for Temporary Protected Status, 83 FR 2648 (Jan.
dates for the termination of TPS designations for 18, 2018); Termination of the Designation of El
Æ Through operation of this Federal
Sudan and Nicaragua (November 2, 2018 and Salvador for Temporary Protected Status, 83 FR Register notice, the existing EADs of
January 5, 2019 respectively). 2654 (Jan. 18, 2018). affected TPS beneficiaries are

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7106 Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices

automatically extended through • Employment Authorization Document Documents’’ web page for Form I–9 at
January 2, 2020. (EAD) https://www.uscis.gov/i-9-central/
Æ A beneficiary granted TPS under the Am I eligible to receive an automatic acceptable-documents. Employers must
designations for Sudan, Nicaragua, extension of my current EAD through complete Form I–9 to verify the identity
Haiti, and El Salvador may show a January 2, 2020 using this Federal and employment authorization of all
copy of this notice, along with his or Register notice? new employees. Within three days of
her specified EAD, to his or her Yes. This Federal Register notice hire, employees must present acceptable
employer to demonstrate identity and automatically extends your EAD documents to their employers as
continued TPS-related employment through January 2, 2020, if you are a evidence of identity and employment
eligibility for purposes of meeting the national of Sudan, Nicaragua, Haiti, or authorization to satisfy Form I–9
Employment Eligibility Verification El Salvador (or an alien having no requirements.
(Form I–9) requirements. nationality who last habitually resided You may present any document from
Æ Alternatively, such a TPS beneficiary in Sudan, Nicaragua, Haiti, or El List A (which provides evidence of both
Salvador) who has TPS, and your EAD identity and employment authorization)
may choose to show other acceptable
contains a category code of A–12 or C– or one document from List B (which
documents that are evidence of
19 and one of the expiration dates provides evidence of your identity)
identity and employment eligibility as shown below:
described in the Instructions to together with one document from List C
07/22/2017 (which is evidence of employment
Employment Eligibility Verification 11/02/2017
(Form I–9). authorization), or you may present an
01/05/2018
01/22/2018 acceptable receipt for List A, List B, or
Æ Finally, such a TPS beneficiary may
03/09/2018 List C documents as described in the
show a copy of this notice, along with
11/02/2018 Form I–9 Instructions. Employers may
his or her specified EAD, Form I–94,
01/05/2019 not reject a document based on a future
or Form I–797, Notice of Action 04/02/2019 expiration date. You can find additional
(Approval Notice), as evidence of his 07/22/2019 information about Form I–9 on the I–9
or her lawful status to law 09/09/2019 Central web page at http://
enforcement, federal, state, and local
When hired, what documentation may I www.uscis.gov/I-9Central.
government agencies, and private
show to my employer as evidence of An EAD is an acceptable document
entities.
employment authorization and identity under List A.
when completing Employment
Eligibility Verification (Form I–9)?
You can find lists of acceptable
documents on the ‘‘Acceptable

Your employer must


Enter this date in
If your EAD has category code of A–12 or C–19 and an expiration date from the column below, you reverify your em-
Section 1 of Form
may show your expired EAD along with this Federal Register notice to complete Form I–9: ployment authoriza-
I–9: tion by:

07/22/2017 .............................................................................................................................................. Jan. 2, 2020 ........... Jan. 3, 2020.


11/02/2017 .............................................................................................................................................. Jan. 2, 2020 ........... Jan. 3, 2020.
01/05/2018 .............................................................................................................................................. Jan. 2, 2020 ........... Jan. 3, 2020.
01/22/2018 .............................................................................................................................................. Jan. 2, 2020 ........... Jan. 3, 2020.
03/09/2018 .............................................................................................................................................. Jan. 2, 2020 ........... Jan. 3, 2020.
11/02/2018 .............................................................................................................................................. Jan. 2, 2020 ........... Jan. 3, 2020.
01/05/2019 .............................................................................................................................................. Jan. 2, 2020 ........... Jan. 3, 2020.
04/02/2019 .............................................................................................................................................. Jan. 2, 2020 ........... Jan. 3, 2020.
07/22/2019 .............................................................................................................................................. Jan. 2, 2020 ........... Jan. 3, 2020.
09/09/2019 .............................................................................................................................................. Jan. 2, 2020 ........... Jan. 3, 2020.

If you want to use your EAD with one continued employment authorization, for Form I–9 and to show that your EAD
of the specified expiration dates above, and you will need to present your has been automatically extended
and that date has passed, then you may employer with evidence that you are through January 2, 2020. Your employer
also provide your employer with a copy still authorized to work. Once may need to re-inspect your
of this Federal Register notice, which presented, you may correct your automatically extended EAD to check
explains that your EAD has been employment authorization expiration the expiration date and Category code if
automatically extended temporarily date in Section 1 and your employer your employer did not keep a copy of
through January 2, 2020. should correct the EAD expiration date this EAD when you initially presented
in Section 2 of Form I–9. See the it.
What documentation may I present to
subsection titled, ‘‘What corrections The last day of the automatic EAD
my employer for Employment Eligibility
should my current employer and I make extension for eligible beneficiaries
Verification (Form I–9) if I am already
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to Employment Eligibility Verification under the TPS designations for Sudan,


employed but my current TPS-related
(Form I–9) if my employment Nicaragua, Haiti, and El Salvador is
EAD is set to expire?
authorization has been automatically January 2, 2020. Before you start work
Even though your EAD has been extended?’’ for further information. You on January 3, 2020, your employer is
automatically extended, your employer may show this Federal Register notice required by law to reverify your
is required by law to ask you about your to your employer to explain what to do employment authorization. At that time,

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Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices 7107

you must present any document from Can my employer require that I provide 07/22/2017
List A or any document from List C on any other documentation to prove my 11/02/2017
Form I–9 Lists of Acceptable status, such as proof of my citizenship 01/05/2018
Documents, or an acceptable List A or from Sudan, Nicaragua, Haiti, or El 01/22/2018
List C receipt described in the Form I– Salvador? 03/09/2018
9 Instructions to reverify employment 11/02/2018
No. When completing Form I–9, 01/05/2019
authorization. including reverifying employment 04/02/2019
By January 3, 2020, your employer authorization, employers must accept 07/22/2019
must complete Section 3 of the current any documentation that appears on the 09/09/2019
version of the form, Form I–9 07/17/17 Form I–9 ‘‘Lists of Acceptable If it has been auto-extended, the
N, and attach it to the previously Documents’’ that reasonably appears to employer should:
completed Form I–9, if your original be genuine and that relates to you, or an b. Write in the document title;
Form I–9 was a previous version. Your acceptable List A, List B, or List C c. Enter the issuing authority;
employer can check USCIS’ I–9 Central receipt. Employers need not reverify d. Provide the document number; and
List B identity documents. Employers e. Write January 2, 2020, as the
web page at http://www.uscis.gov/I-
may not request documentation that expiration date.
9Central for the most current version of
does not appear on the ‘‘Lists of Before the start of work on January 3,
Form I–9.
Acceptable Documents.’’ Therefore, 2020, employers are required by law to
Note that your employer may not employers may not request proof of reverify the employee’s employment
specify which List A or List C document citizenship or proof of re-registration for authorization in Section 3 of Form I–9.
you must present and cannot reject an TPS when completing Form I–9 for new
acceptable receipt. hires or reverifying the employment What corrections should my current
authorization of current employees. If employer and I make to Employment
Can I seek a new EAD? presented with EADs that have been Eligibility Verification (Form I–9) if my
automatically extended, employers employment authorization has been
You do not need to apply for a new auto-extended?
EAD in order to benefit from this should accept such documents as a
automatic extension. However, if you valid List A document so long as the If you presented a TPS-related EAD
want to obtain a new EAD valid through EAD reasonably appears to be genuine that was valid when you first started
January 2, 2020, you must file an and relates to the employee. Refer to the your job and your EAD has now been
Note to Employees section of this automatically extended, your employer
Application for Employment
Federal Register notice for important may need to re-inspect your current
Authorization (Form I–765) and pay the
information about your rights if your EAD if they do not have a copy of the
Form I–765 fee (or request a fee waiver). employer rejects lawful documentation, EAD on file. You may, and your
Note, if you do not want a new EAD, requires additional documentation, or employer should, correct your
you do not have to file Form I–765 or otherwise discriminates against you previously completed Form I–9 as
pay the Form I–765 fee. If you do not based on your citizenship or follows:
want to request a new EAD now, you immigration status, or your national 1. For Section 1, you may:
may also file Form I–765 at a later date origin. a. Draw a line through the expiration
and pay the fee (or request a fee waiver), date in Section 1;
provided that you still have TPS or a How do my employer and I complete
b. Write January 2, 2020, above the
pending TPS application. You may file Employment Eligibility Verification
previous date; and
the application for a new EAD either (Form I–9) using my automatically c. Initial and date the correction in the
extended employment authorization for margin of Section 1.
before or after your current EAD has
a new job? 2. For Section 2, employers should:
expired.
When using an automatically a. Determine if the EAD is auto-
If you are unable to pay the
extended EAD to complete Form I–9 for extended:
application fee and/or biometric
a new job on or before January 2, 2020, An employee’s EAD has been auto-
services fee, you may complete a extended if it contains a category code
you and your employer should do the
Request for Fee Waiver (Form I–912) or following: of A–12 or C–19 and an expiration date
submit a personal letter requesting a fee 1. For Section 1, you should: shown below:
waiver with satisfactory supporting a. Check ‘‘An alien authorized to work 07/22/2017
documentation. For more information until’’ and enter January 2, 2020, as the 11/02/2017
on the application forms and fees for ‘‘expiration date’’; and 01/05/2018
TPS, please visit the USCIS TPS web b. Enter your Alien Number/USCIS 01/22/2018
page at http://www.uscis.gov/tps. Fees number or A-Number where indicated 03/09/2018
for the Form I–821, the Form I–765, and (your EAD or other document from DHS 11/02/2018
biometric services are also described in will have your USCIS number or A- 01/05/2019
8 CFR 103.7(b)(1)(i). Number printed on it; the USCIS 04/02/2019
Note: If you have a Form I–821 and/or number is the same as your A-Number 07/22/2019
Form I–765 that was still pending as of April without the A prefix). 09/09/2019
2, 2019, then you should not file either 2. For Section 2, your employer If it has been auto-extended:
application again. If your pending TPS should: b. Draw a line through the expiration
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application is approved, you will be granted a. Determine if the EAD is auto- date written in Section 2;
TPS through January 2, 2020. Similarly, if extended: c. Write January 2, 2020, above the
you have a pending TPS-related application An employee’s EAD has been auto- previous date; and
for an EAD that is approved, it will be valid extended if it contains a category code d. Initial and date the correction in
through the same date. of A–12 or C–19 and an expiration date the Additional Information field in
shown below: Section 2.

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7108 Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices

Note: This is not considered a languages. Employers may also email IER website at https://www.justice.gov/
reverification. Employers do not need to IER at IER@usdoj.gov. ier and on the USCIS and E-Verify
complete Section 3 until either this notice’s websites at https://www.uscis.gov/i-9-
automatic extension of EADs has ended or Note to Employees
central and https://www.e-verify.gov.
the employee presents a new document to For general questions about the
show continued employment authorization, employment eligibility verification Note Regarding Federal, State, and
whichever is sooner. By January 3, 2020, Local Government Agencies (Such as
when the employee’s automatically extended
process, employees may call USCIS at
888–897–7781 (TTY 877–875–6028) or Departments of Motor Vehicles)
EAD has expired, employers are required by
law to reverify the employee’s employment email USCIS at I-9Central@dhs.gov. While Federal Government agencies
authorization in Section 3. Calls are accepted in English, Spanish, must follow the guidelines laid out by
and many other languages. Employees the Federal Government, state and local
If I am an employer enrolled in E-Verify, or applicants may also call the IER government agencies establish their own
how do I verify a new employee whose Worker Hotline at 800–255–7688 (TTY rules and guidelines when granting
EAD has been automatically extended? 800–237–2515) for information certain benefits. Each state may have
regarding employment discrimination different laws, requirements, and
Employers may create a case in E- based upon citizenship, immigration determinations about what documents
Verify for these employees by providing status, or national origin, including you need to provide to prove eligibility
the employee’s Alien Registration discrimination related to Employment for certain benefits. Whether you are
number (A#) or USCIS number as the Eligibility Verification (Form I–9) and E- applying for a Federal, state, or local
document number on Form I–9 in the Verify. The IER Worker Hotline government benefit, you may need to
document number field in E-Verify. provides language interpretation in provide the government agency with
If I am an employer enrolled in E-Verify, numerous languages. documents that show you are a TPS
what do I do when I receive a ‘‘Work To comply with the law, employers beneficiary, show you are authorized to
Authorization Documents Expiration’’ must accept any document or work based on TPS or other status, and/
alert for an automatically extended combination of documents from the or that may be used by DHS to
EAD? Lists of Acceptable Documents if the determine whether you have TPS or
documentation reasonably appears to be other immigration status. Examples of
If you have employees who provided genuine and to relate to the employee, such documents are:
a TPS-related EAD with an expiration or an acceptable List A, List B, or List (1) Your current EAD;
date that has been auto-extended by this C receipt as described in the (2) Your auto-extended EAD with a
notice, you should dismiss the ‘‘Work Employment Eligibility Verification copy of this Federal Register notice,
Authorization Documents Expiring’’ (Form I–9) Instructions. Employers may providing an automatic extension of
case alert. Before this employee starts to not require extra or additional your currently expired or expiring EAD;
work on January 3, 2020, you must documentation beyond what is required (3) A copy of your Form I–94,
reverify his or her employment for Form I–9 completion. Further, (Arrival/Departure Record), or Form I–
authorization in Section 3 of Form I–9. employers participating in E-Verify who 797, Notice of Action (Approval Notice),
Employers should not use E-Verify for receive an E-Verify case result of that has been auto-extended by this
reverification. ‘‘Tentative Nonconfirmation’’ (TNC) notice and a copy of this notice;
Note to All Employers must promptly inform employees of the (4) Any other relevant DHS-issued
TNC and give such employees an document that indicates your
Employers are reminded that the laws opportunity to contest the TNC. A TNC immigration status or authorization to
requiring proper employment eligibility case result means that the information be in the United States, or that may be
verification and prohibiting unfair entered into E-Verify from an used by DHS to determine whether you
immigration-related employment employee’s Form I–9 differs from have such status or authorization to
practices remain in full force. This records available to DHS. remain in the United States.
Federal Register notice does not Employers may not terminate, Check with the government agency
supersede or in any way limit suspend, delay training, withhold pay, regarding which document(s) the agency
applicable employment verification lower pay, or take any adverse action will accept.
rules and policy guidance, including against an employee because of the TNC Some benefit-granting agencies use
those rules setting forth reverification while the case is still pending with E- the SAVE program to confirm the
requirements. For general questions Verify. A Final Nonconfirmation (FNC) current immigration status of applicants
about the employment eligibility case result is received when E-Verify for public benefits. In most cases, SAVE
verification process, employers may call cannot verify an employee’s provides an automated electronic
USCIS at 888–464–4218 (TTY 877–875– employment eligibility. An employer response to benefit-granting agencies
6028) or email USCIS at I9Central@ may terminate employment based on a within seconds, but, occasionally,
dhs.gov. Calls and emails are accepted case result of FNC. Work-authorized verification can be delayed. You can
in English and many other languages. employees who receive an FNC may call check the status of your SAVE
For questions about avoiding USCIS for assistance at 888–897–7781 verification by using CaseCheck at the
discrimination during the employment (TTY 877–875–6028). For more following link: https://save.uscis.gov/
eligibility verification process (Form I– information about E-Verify-related casecheck/, then by clicking the ‘‘Check
9 and E-Verify), employers may call the discrimination or to report an employer Your Case’’ button. CaseCheck is a free
U.S. Department of Justice’s Civil Rights for discrimination in the E-Verify service that lets you follow the progress
Division, Immigrant and Employee process based on citizenship, of your SAVE verification using your
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Rights Section (IER) (formerly the Office immigration status, or national origin, date of birth and one immigration
of Special Counsel for Immigration- contact IER’s Worker Hotline at 800– identifier number. If an agency has
Related Unfair Employment Practices) 255–7688 (TTY 800–237–2515). denied your application based solely or
Employer Hotline at 800–255–8155 Additional information about proper in part on a SAVE response, the agency
(TTY 800–237–2515). IER offers nondiscriminatory Form I–9 and E- must offer you the opportunity to appeal
language interpretation in numerous Verify procedures is available on the the decision in accordance with the

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Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Notices 7109

agency’s procedures. If the agency has FOR FURTHER INFORMATION CONTACT: (2) Title of the Form/Collection:
received and acted upon or will act USCIS, Office of Policy and Strategy, Monthly Report on Naturalization
upon a SAVE verification and you do Regulatory Coordination Division, Papers.
not believe the response is correct, you Samantha Deshommes, Chief, 20 (3) Agency form number, if any, and
may make an InfoPass appointment for Massachusetts Avenue NW, the applicable component of the DHS
an in-person interview at a local USCIS Washington, DC 20529–2140, sponsoring the collection: Form N–4;
office. Detailed information on how to Telephone number (202) 272–8377 USCIS.
make corrections, make an appointment, (This is not a toll-free number; (4) Affected public who will be asked
or submit a written request to correct comments are not accepted via or required to respond, as well as a brief
records under the Freedom of telephone message.). Please note contact abstract: Primary: State, local or Tribal
Information Act can be found on the information provided here is solely for Government. This form is used by the
SAVE website at http://www.uscis.gov/ questions regarding this notice. It is not clerk of courts that administer the oath
save. for individual case status inquiries. of allegiance for naturalization to notify
[FR Doc. 2019–03783 Filed 2–28–19; 8:45 am] Applicants seeking information about the USCIS of all persons to whom the
BILLING CODE 9111–97–P
the status of their individual cases can oath was administered. The information
check Case Status Online, available at is used by the USCIS to update its alien
the USCIS website at http:// files and records to indicate that the
DEPARTMENT OF HOMELAND www.uscis.gov, or call the USCIS aliens are now citizens; develop an
SECURITY National Customer Service Center at audit trail on the certificates of
(800) 375–5283; TTY (800) 767–1833. naturalization; and determine the
U.S. Citizenship and Immigration SUPPLEMENTARY INFORMATION: payments to be made to the courts for
Services reimbursement of their expenses in
Comments
connection with the naturalization
[OMB Control Number 1615–0051] The information collection notice was process.
previously published in the Federal (5) An estimate of the total number of
Agency Information Collection
Register on December 11, 2019, at 83 FR respondents and the amount of time
Activities; Extension, Without Change,
63667, allowing for a 60-day public estimated for an average respondent to
of a Currently Approved Collection:
comment period. USCIS did not receive respond: The estimated total number of
Monthly Report on Naturalization
any comments in connection with the respondents for the information
Papers
60-day notice. collection N–4 is 160, it is estimated
AGENCY: U.S. Citizenship and You may access the information that each respondent will respond an
Immigration Services, Department of collection instrument with instructions, average of 12 times a year, and the
Homeland Security. or additional information by visiting the estimated hour burden per response is
ACTION: 30-day notice. Federal eRulemaking Portal site at: 0.5 hour.
http://www.regulations.gov and enter (6) An estimate of the total public
SUMMARY: The Department of Homeland USCIS–2005–0032 in the search box. burden (in hours) associated with the
Security (DHS), U.S. Citizenship and Written comments and suggestions from collection: The total estimated annual
Immigration Services (USCIS) will be the public and affected agencies should hour burden associated with this
submitting the following information address one or more of the following collection is 960 hours.
collection request to the Office of four points: (7) An estimate of the total public
Management and Budget (OMB) for (1) Evaluate whether the proposed burden (in cost) associated with the
review and clearance in accordance collection of information is necessary collection: The estimated total annual
with the Paperwork Reduction Act of for the proper performance of the cost burden associated with this
1995. The purpose of this notice is to functions of the agency, including collection of information is $7,200.
allow an additional 30 days for public whether the information will have
practical utility; Dated: February 22, 2019.
comments.
(2) Evaluate the accuracy of the Samantha L. Deshommes,
DATES: The purpose of this notice is to
allow an additional 30 days for public agency’s estimate of the burden of the Chief, Regulatory Coordination Division,
proposed collection of information, Office of Policy and Strategy, U.S. Citizenship
comments. Comments are encouraged and Immigration Services, Department of
and will be accepted until April 1, 2019. including the validity of the
methodology and assumptions used; Homeland Security.
ADDRESSES: Written comments and/or (3) Enhance the quality, utility, and [FR Doc. 2019–03629 Filed 2–28–19; 8:45 am]
suggestions regarding the item(s) clarity of the information to be BILLING CODE 9111–97–P
contained in this notice, especially collected; and
regarding the estimated public burden (4) Minimize the burden of the
and associated response time, must be collection of information on those who
directed to the OMB USCIS Desk Officer are to respond, including through the DEPARTMENT OF THE INTERIOR
via email at dhsdeskofficer@ use of appropriate automated,
omb.eop.gov. All submissions received Bureau of Indian Affairs
electronic, mechanical, or other
must include the agency name and the technological collection techniques or
OMB Control Number 1615–0051 in the other forms of information technology, [190A2100DD/AAKC001030/
subject line. A0A501010.999900 253G; OMB Control
e.g., permitting electronic submission of Number 1076–NEW]
You may wish to consider limiting the responses.
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amount of personal information that you Agency Information Collection


provide in any voluntary submission Overview of This Information
Collection Activities; Trust Land Mortgage Lender
you make. For additional information Checklist
please read the Privacy Act notice that (1) Type of Information Collection
is available via the link in the footer of Request: Extension, Without Change, of AGENCY: Bureau of Indian Affairs,
http://www.regulations.gov. a Currently Approved Collection. Interior.

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