[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12629-12632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04454]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2600-17; DHS Docket No. USCIS-2008-0034]
RIN 1615-ZB65


Automatic Extension of Employment Authorization Documentation for 
Beneficiaries Under El Salvador's Designation for Temporary Protected 
Status

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

ACTION: Notice; extension of Employment Authorization Documents 
validity date.

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SUMMARY: On July 8, 2016, the Secretary of Homeland Security 
(Secretary) extended the designation of El Salvador for Temporary 
Protected Status (TPS) for a period of 18 months by notice in the 
Federal Register. Through the same notice, the Department of Homeland 
Security (DHS) automatically extended for 6 months the validity of 
Employment Authorization Documents (EADs) issued under the TPS 
designation of El Salvador with a September 9, 2016 expiration date 
printed on the card. These EADs are currently valid through March 9, 
2017. USCIS is now automatically extending the validity of these EADs 
for an additional 6 months, through September 9, 2017.

DATES: The automatic extension of the validity of EADs issued under TPS 
for El Salvador that was set to expire on March 9, 2017, is now 
extended through September 9, 2017.

FOR FURTHER INFORMATION CONTACT: 
     For further information on TPS, including guidance on the 
application process and additional information on eligibility, please 
visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find 
specific information about El Salvador's designation for TPS by 
selecting ``El Salvador'' from the menu on the left of the TPS Web 
page.
     You can also contact Guillermo Roman-Riefkohl, TPS 
Operations Program Manager, Service Center Operations Directorate, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by phone at 
202-272-1533 (this is not a toll-free number). Note: The phone number 
provided here is solely for questions regarding this TPS Notice. It is 
not for individual case status inquires.
     Applicants seeking information about the status of their 
individual cases can check Case Status Online, available at the USCIS 
Web site at http://www.uscis.gov, or call the USCIS National Customer 
Service Center at 800-375-5283 (TTY 800-767-1833). Service is available 
in English and Spanish.
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION: 

When did the Secretary last extend El Salvador's TPS designation?

    On July 8, 2016, the Secretary extended the TPS designation for El 
Salvador for a period of 18 months by notice in the Federal Register. 
See 81 FR 44645. That extension of El Salvador's TPS designation is 
effective from September 10, 2016 through March 9, 2018.

Is the Secretary extending El Salvador's TPS designation through this 
Notice?

    No. This Notice does not extend El Salvador's TPS designation past 
the existing March 9, 2018 expiration date of the current extension 
announced on July 8, 2016. This Notice also does not extend the re-
registration period for existing TPS El Salvador beneficiaries under 
the extension announced on July 8, 2016, which ran from July 8, 2016 
through September 6, 2016.

What is the effect of this Notice on the validity of EADs issued under 
TPS for El Salvador?

    DHS previously extended for 6 months all EADs issued under TPS for 
El Salvador that currently display an expiration date of September 9, 
2016; they currently expire on March 9, 2017. U.S. Citizenship and 
Immigration Services (USCIS) does not expect to be able to process all 
timely-received TPS re-registration applications and issue new EADs 
before these extended EADs expire. Accordingly, through this Notice, 
USCIS automatically extends the validity of EADs issued under the TPS 
designation of El Salvador for an additional 6 months, through 
September 9, 2017.

Am I eligible to receive an additional automatic 6-month extension of 
my current EAD through September 9, 2017?

    If you currently have TPS under the designation of El Salvador, 
this Notice automatically extends your EAD an additional 6 months 
through September 9, 2017, if you:
     Received an EAD under the last extension of TPS for El 
Salvador; and
     Have an EAD with a marked expiration date of September 9, 
2016, bearing the notation ``A-12'' or ``C-19''on the front of the card 
under ``Category.''

When hired, what documentation may I show to my employer as proof of 
employment authorization and identity when completing Employment 
Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Employment Eligibility Verification (Form 
I-9). You can find additional detailed information on the USCIS I-9 
Central Web page at http://www.uscis.gov/I-9Central. Employers are 
required to verify the identity and employment authorization of all new 
employees by using Employment Eligibility Verification (Form I-9). 
Within 3 days of hire, an employee must present proof of identity and 
employment authorization to his or her employer.
    You may present any document from List A (reflecting both your 
identity and employment authorization) or one document from List B 
(reflecting identity) together with one document from List C 
(reflecting employment authorization). Or you may present an acceptable 
receipt for List A, List B, or List C documents as described in the 
Employment Eligibility Verification (Form I-9) Instructions. An EAD is 
an acceptable document under ``List A.'' Employers may not reject a 
document based on a future expiration date.
    If your EAD has an expiration date of September 9, 2016, and states 
``A-12'' or ``C-19'' under ``Category,'' it has been extended 
automatically beyond the previous automatic extension for an additional 
6 months. It is now valid through September 9, 2017, by virtue of this 
Federal Register Notice, and you may choose to present your EAD to your 
employer as proof of identity and employment authorization for 
Employment Eligibility Verification (Form I-9) through September 9, 
2017 (see the subsection titled ``How do my employer and I complete the 
Employment Eligibility Verification (Form I-9) using an automatically 
extended EAD for a new job?'' for further information). To minimize 
confusion over this extension at the time of hire, you should explain 
to your employer that USCIS automatically extended your EAD through 
September

[[Page 12630]]

9, 2017. You may also show your employer a copy of this Federal 
Register Notice confirming the automatic extension of employment 
authorization through September 9, 2017. As an alternative to 
presenting your automatically extended EAD, you may choose to present 
any other acceptable document from List A, a combination of one 
selection from List B and one selection from List C, or a valid 
receipt.

What documentation may I show my employer if I am already employed but 
my current TPS-related EAD is expired?

    Even though EADs with an expiration date of September 9, 2016, that 
state ``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended through September 9, 2017, your employer may need to ask you 
about your continued employment authorization after March 9, 2017, in 
order to meet his or her responsibilities for Employment Eligibility 
Verification (Form I-9). Your employer may need to re-inspect your 
automatically extended EAD to check the expiration date and code to 
record the updated expiration date on your Form I-9 if he or she did 
not keep a copy of this EAD when you initially presented it. However, 
your employer does not need a new document to reverify your employment 
authorization until September 9, 2017, the expiration date of the 
additional automatic extension. Instead, you and your employer must 
make corrections to the employment authorization expiration dates in 
Section 1 and Section 2 of Employment Eligibility Verification (Form I-
9) (see the subsection titled ``What corrections should my current 
employer and I make to Employment Eligibility Verification (Form I-9) 
if my EAD has been automatically extended?'' for further information). 
In addition, you may also show this Federal Register Notice to your 
employer to explain what to do for Employment Eligibility Verification 
(Form I-9).
    By September 9, 2017, the expiration date of the additional 
automatic extension, your employer must reverify your employment 
authorization. At that time, you must present any document from List A 
or any document from List C on Employment Eligibility Verification 
(Form I-9) to reverify employment authorization, or an acceptable List 
A or List C receipt described in the Employment Eligibility 
Verification (Form I-9) Instructions. Your employer should:
     Complete Section 3 of the Employment Eligibility 
Verification (Form I-9) originally completed for you; or
     If Section 3 has already been completed or if the version 
of Employment Eligibility Verification (Form I-9) has expired (check 
the date in the upper right-hand corner of the form), complete Section 
3 of a new Employment Eligibility Verification (Form I-9) using the 
most current version.
    Note that employers may not specify which List A or List C document 
employees must present, and cannot reject an acceptable receipt.

Can my employer require that I produce any other documentation to prove 
my status, such as proof of my Salvadoran citizenship?

    No. When completing Employment Eligibility Verification (Form I-9), 
including reverifying employment authorization, employers must accept 
any documentation that appears on the ``Lists of Acceptable Documents'' 
for Employment Eligibility Verification (Form I-9) that reasonably 
appears to be genuine and that relates to you, or an acceptable List A, 
List B, or List C receipt. Employers may not request documentation that 
does not appear on the ``Lists of Acceptable Documents.'' Therefore, 
employers may not request proof of Salvadoran citizenship or proof of 
re-registration for TPS when completing Employment Eligibility 
Verification (Form I-9) for new hires or correcting expiration dates 
for automatically extended EADs or reverifying the employment 
authorization of current employees. If presented with EADs that have 
been automatically extended, employers should accept such EADs as valid 
List A documents so long as the EADs reasonably appear to be genuine 
and to relate to the employee. Refer to the Note to Employees section 
of this Notice for important information about your rights if your 
employer rejects lawful documentation, requires additional 
documentation, or otherwise discriminates against you based on your 
citizenship or immigration status, or your national origin.

What happens after September 9, 2017, for purposes of employment 
authorization?

    After September 9, 2017, employers may no longer accept the EADs 
that this Federal Register Notice automatically extended. Before that 
time, however, USCIS will endeavor to issue new EADs to eligible TPS 
re-registrants who request them. These new EADs will have an expiration 
date of March 9, 2018, and can be presented to your employer for 
completion of Employment Eligibility Verification (Form I-9). 
Alternatively, you may choose to present any other legally acceptable 
document or combination of documents listed on the Employment 
Eligibility Verification (Form I-9).

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) using an automatically extended EAD for a new job?

    When using an automatically extended EAD to complete Employment 
Eligibility Verification (Form I-9) for a new job prior to September 9, 
2017, you and your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work'';
    b. Write your alien number (USCIS number or A-Number) in the first 
space (your EAD or other document from DHS will have your USCIS number 
or A-Number printed on it; the USCIS number is the same as your A-
Number without the A prefix); and
    c. Write the automatically extended EAD expiration date (September 
9, 2017) in the second space.
    2. For Section 2, employers should record the:
    a. Document title;
    b. Document number; and
    c. Automatically extended EAD expiration date (September 9, 2017).
    By September 9, 2017, employers must reverify the employee's 
employment authorization in Section 3 of the Employment Eligibility 
Verification (Form I-9).

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if I am using my automatically 
extended EAD to prove my employment eligibility?

    If you are an existing employee who presented a TPS-related EAD 
that was valid when you first started your job, but that EAD has now 
been automatically extended, your employer may need to re-inspect your 
automatically extended EAD if your employer does not have a copy of the 
EAD on file. You and your employer should correct your previously 
completed Employment Eligibility Verification (Form I-9) as follows:
    1. For Section 1, you should:
    a. Draw a line through the expiration date;
    b. Write ``September 9, 2017'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 1; and
    d. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:

[[Page 12631]]

    a. Draw a line through the expiration date written in Section 2;
    b. Write ``September 9, 2017'' above the previous date;
    c. Write ``TPS Ext.'' in the Additional Information field of 
Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By September 9, 2017, when the automatic extension of EADs expires, 
employers relying on an automatically extended EAD for proof of 
employment eligibility must reverify the employee's employment 
authorization in Section 3.

If I am an employer enrolled in E-Verify, what do I do when I receive a 
``Work Authorization Documents Expiration'' alert for an automatically 
extended EAD?

    If you have an employee who is a TPS beneficiary who provided a 
TPS-related EAD when he or she first started working for you, you will 
receive a ``Work Authorization Documents Expiring'' case alert when the 
auto-extension period for this EAD is about to expire. If relying on an 
automatically extended EAD for proof of employment eligibility, by 
September 9, 2017, you must reverify employment authorization in 
Section 3. Employers should not use E-Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper 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 reverification 
requirements. For general questions about the employment eligibility 
verification process, employers may call USCIS at 888-464-4218 (TTY 
877-875-6028) or email USCIS at [email protected]. Calls and emails 
are accepted in English and many other languages. For questions about 
avoiding discrimination during the employment eligibility verification 
process, employers may also call the U.S. Department of Justice, 
Immigrant and Employee Rights Section (IER) (formerly, the Office of 
Special Counsel for Immigration-Related Unfair Employment Practices) 
Employer Hotline at 800-255-8155 (TTY 800-237-2515), which offers 
language interpretation in numerous languages. Employers may also email 
IER at [email protected]; IER accepts email messages written in any 
language.

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email at [email protected]. Calls are accepted in English and many 
other languages. Employees or applicants may also call the IER Worker 
Information Hotline at 800-255-7688 (TTY 800-237-2515) for information 
regarding employment discrimination based upon citizenship status, 
immigration status, or national origin; for information regarding 
discrimination related to Employment Eligibility Verification (Form I-
9) and E-Verify; and for information about how to file a complaint 
alleging immigration-related employment discrimination. The IER Worker 
Information Hotline provides language interpretation in numerous 
languages. Employees may also email IER at [email protected]; IER accepts 
email messages written in any language.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt described 
in the Employment Eligibility Verification (Form I-9) Instructions. 
Employers may not require extra or additional documentation beyond what 
is required for Employment Eligibility Verification (Form I-9) 
completion. Further, employers participating in E-Verify who receive an 
E-Verify case result of ``Tentative Nonconfirmation (TNC)'' must 
promptly inform employees of the TNC and give such employees an 
opportunity to contest the TNC. A TNC case result means that the 
information entered into E-Verify from Employment Eligibility 
Verification (Form I-9) differs from Federal or state government 
records.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against an employee based on the 
employee's decision to contest a TNC or because the case is still 
pending with E-Verify. A Final Nonconfirmation (FNC) case result is 
received when E-Verify cannot verify an employee's employment 
eligibility. An employer may terminate employment based on a case 
result of FNC. Work-authorized employees who receive an FNC may call 
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). An employee 
that believes he or she was discriminated against by an employer in the 
E-Verify process based on citizenship, immigration status, or national 
origin should contact IER's Worker Information Hotline at 800-255-7688 
(TTY 800-237-2515) for information about their rights and how to file a 
complaint against the employer. Additional information about proper 
nondiscriminatory Employment Eligibility Verification (Form I-9) and E-
Verify procedures is available on the IER Web site at https://www.justice.gov/ier and the USCIS Web site at http://www.dhs.gov/E-verify.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    Benefit-granting agencies are bound by different laws, 
requirements, and determinations about what documents their applicants 
must provide to prove eligibility for certain benefits. Whether you are 
applying for a Federal, state, or local government benefit, you may 
need to provide the government agency with documents that show you are 
a TPS beneficiary and/or show you are authorized to work based on TPS. 
Examples are:
    1. Your unexpired EAD that has been automatically extended or your 
EAD that has not expired;
    2. A copy of this Federal Register Notice if your EAD is 
automatically extended under this Notice;
    3. A copy of your Application for Temporary Protected Status Notice 
of Action (Form I-797) for this re-registration;
    4. A copy of your past or current Application for Temporary 
Protected Status Notice of Action (Form I-797), if you received one 
from USCIS; and/or
    5. If there is an automatic extension of work authorization, a copy 
of the fact sheet from the USCIS TPS Web site that provides information 
on the automatic extension.
    Check with the government agency regarding which document(s) the 
agency will accept. You may also provide the agency with a copy of this 
Federal Register Notice.
    Some benefit-granting agencies use the USCIS Systematic Alien 
Verification for Entitlements Program (SAVE) to verify the current 
immigration status of applicants for public benefits. If an agency has 
denied your application based solely or in part on a SAVE response, the 
agency must offer you the opportunity to appeal the decision in 
accordance with the agency's procedures. If the agency has received and 
acted upon or will act upon a SAVE verification and you do not believe 
the response is correct, you may make an InfoPass appointment for an 
in-person interview at a local USCIS office.

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Detailed information on how to make corrections, make an appointment, 
or submit a written request to correct records under the Freedom of 
Information Act can be found at the SAVE Web site at http://www.uscis.gov/save, then choosing ``SAVE Resources'' from the menu on 
the left, selecting ``Benefit Applicants'' in the middle of the page, 
then selecting ``Publications,'' and finally ``SAVE Fact Sheet for 
Benefit Applicants.''

Lori Scialabba,
Acting Director.
[FR Doc. 2017-04454 Filed 3-2-17; 4:15 pm]
 BILLING CODE 9111-97-P