80_FR_36467 80 FR 36346 - Designation of Nepal for Temporary Protected Status

80 FR 36346 - Designation of Nepal for Temporary Protected Status

DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services

Federal Register Volume 80, Issue 121 (June 24, 2015)

Page Range36346-36350
FR Document2015-15576

Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated Nepal for Temporary Protected Status (TPS) for a period of 18 months, effective June 24, 2015 through December 24, 2016. Under section 244(b)(1)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1254a(b)(1)(B), the Secretary is authorized to designate a foreign state (or any part thereof) for TPS upon finding that the foreign state has experienced an earthquake resulting in a substantial, but temporary, disruption of living conditions. This designation allows eligible Nepalese nationals (and aliens having no nationality who last habitually resided in Nepal) who have continuously resided in the United States since June 24, 2015, and have been continuously physically present in the United States since June 24, 2015 to be granted TPS. This Notice also describes the other eligibility criteria applicants must meet. Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on June 24, 2015 and ends on December 21, 2015. They may also apply for Employment Authorization Documents (EAD) and for travel authorization. Through this Notice, DHS also sets forth the procedures for nationals of Nepal (or aliens having no nationality who last habitually resided in Nepal) to apply for TPS, EADs, and travel authorization with U.S. Citizenship and Immigration Services (USCIS).

Federal Register, Volume 80 Issue 121 (Wednesday, June 24, 2015)
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36346-36350]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15576]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2568-15; DHS Docket No. USCIS-2015-0003]
RIN 1615-ZB39


Designation of Nepal for Temporary Protected Status

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

ACTION: Notice.

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SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) has 
designated Nepal for Temporary Protected Status (TPS) for a period of 
18 months, effective June 24, 2015 through December 24, 2016. Under 
section 244(b)(1)(B) of the Immigration and Nationality Act (INA), 8 
U.S.C. 1254a(b)(1)(B), the Secretary is authorized to designate a 
foreign state (or any part thereof) for TPS upon finding that the 
foreign state has experienced an earthquake resulting in a substantial, 
but temporary, disruption of living conditions.
    This designation allows eligible Nepalese nationals (and aliens 
having no nationality who last habitually resided in Nepal) who have 
continuously resided in the United States since June 24, 2015, and have 
been continuously physically present in the United States since June 
24, 2015 to be granted TPS. This Notice also describes the other 
eligibility criteria applicants must meet.
    Individuals who believe they may qualify for TPS under this 
designation may apply within the 180-day registration period that 
begins on June 24, 2015 and ends on December 21, 2015. They may also 
apply for Employment Authorization Documents (EAD) and for travel 
authorization. Through this Notice, DHS also sets forth the procedures 
for nationals of Nepal (or aliens having no nationality who last 
habitually resided in Nepal) to apply for TPS, EADs, and travel 
authorization with U.S. Citizenship and Immigration Services (USCIS).

DATES: This designation of Nepal for TPS is effective on June 24, 2015 
and will remain in effect through December 24, 2016. The 180-day 
registration period for eligible individuals to submit TPS applications 
begins June 24, 2015, and will remain in effect through December 21, 
2015.

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 this designation of Nepal for TPS by 
selecting ``TPS Designated Country: Nepal'' from the menu on the left 
of the TPS Web page.
     You can also contact the TPS Operations Program Manager at 
the Family and Status Branch, 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).
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services

What is Temporary Protected Status (TPS)?

     TPS is a temporary immigration status granted to 
eligible nationals of a country designated for TPS under the INA, or 
to eligible persons without nationality who last habitually resided 
in the designated country.
     During the TPS designation period, TPS beneficiaries 
are eligible to remain in the United States, may not be removed, and 
are authorized to work and to obtain EADs, so long as they continue 
to meet the requirements of TPS.
     TPS beneficiaries may be granted travel authorization 
as a matter of discretion.
     The granting of TPS does not result in or lead to 
lawful permanent resident status.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(2).
     When the Secretary terminates a country's TPS 
designation through a separate Federal Register notice, 
beneficiaries return to the same immigration status they maintained 
before TPS, if any (unless that status has since expired or been 
terminated), or to any other lawfully obtained immigration status 
they received while registered for TPS.

What authority does the Secretary have to designate Nepal for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary,

[[Page 36347]]

after consultation with appropriate U.S. Government (Government) 
agencies, to designate a foreign state (or part thereof) for TPS if the 
Secretary finds that certain country conditions exist.\1\ The Secretary 
can designate a foreign state for TPS if the Secretary determines that 
one or more of three bases exist. One basis is if the Secretary finds 
that ``. . . (i) there has been an earthquake, flood, drought, 
epidemic, or other environmental disaster in the state resulting in a 
substantial, but temporary, disruption of living conditions in the area 
affected, (ii) the foreign state is unable, temporarily, to handle 
adequately the return to the state of aliens who are nationals of the 
state, and (iii) the foreign state officially has requested designation 
for TPS. . . .'' INA section 244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B).
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    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to DHS ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security 
Act of 2002, tit. XV, section 1517).
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    Following the designation of a foreign state for TPS, the Secretary 
may then grant TPS to eligible nationals of that foreign state (or 
eligible aliens having no nationality who last habitually resided in 
that state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A). 
Applicants must demonstrate that they satisfy all eligibility criteria, 
including that they have been ``continuously physically present'' in 
the United States since the effective date of the designation, which is 
either the date of the Federal Register Notice announcing the 
designation or such later date as the Secretary may determine, and that 
they have ``continuously resided'' in the United States since such date 
as the Secretary may designate. See INA sections 244(a)(1)(A), 
(b)(2)(A), (c)(1)(A)(i-ii); 8 U.S.C. 1254a(a)(1)(A), (b)(2)(A), 
(c)(1)(A)(i-ii).

Why is the Secretary designating Nepal for TPS through December 24, 
2016?

    On April 25, 2015, a magnitude 7.8 earthquake struck Nepal. The 
earthquake's epicenter was less than 50 miles from the capital city, 
Kathmandu, and Pokhara, another major city in central Nepal. 
Approximately 25 to 33 percent of Nepal's population (over 8 million 
people) in 39 of Nepal's 75 districts has been affected by the 
earthquake. There have been numerous aftershocks since the April 25 
earthquake, with the strongest striking on May 12 and measuring 
magnitude 7.3. The May 12 aftershock contributed to additional 
casualties and resulted in the collapse of some buildings that had 
suffered damage in the April 25 earthquake. The earthquake and its 
aftershocks have caused over 8,700 fatalities and more than 20,000 
injuries, displaced millions of people, and resulted in destruction or 
significant damage to over 750,000 homes. The UN estimates 2.8 million 
people are in need of humanitarian assistance.
    The earthquake severely damaged much of the country's 
infrastructure in the affected areas, including the capital of 
Kathmandu. Earthquake-related rubble litters urban population centers, 
and many roads have been destroyed or rendered impassable. 
Infrastructure damage from the earthquake has jeopardized food 
security, with over 1.4 million people estimated to be in need of food 
assistance. Displaced persons have varying access to basic services, 
such as shelter, water, sanitation, and hygiene and many continue to 
live outdoors. Medical care was also affected by the earthquake, with 
over 25 hospitals damaged and more than 900 village health facilities 
rendered nonfunctional. At least 950,000 children in Nepal are at risk 
of being unable to return to school or are learning in temporary 
structures because their schools have been destroyed, damaged.
    The institutional capacity of the Nepalese government to respond to 
the immediate effects of the earthquake alone is low.
    The April 25 earthquake and its aftershocks caused enormous damage 
in Nepal'srural areas that are difficult to access because of the 
mountainous terrain and limited numbers of undamaged roads. With the 
2015 monsoon season starting this month, remote areas will face 
additional threats, including landslides and flooding, and providing 
aid to them may become more difficult.
    Based upon review of these conditions and after consultation with 
appropriate Government agencies, the Secretary has determined that:
     There has been an earthquake, flood, drought, epidemic, or 
other environmental disaster in Nepal resulting in a substantial, but 
temporary, disruption of living conditions in the area affected. See 
INA section 244(b)(1)(B)(i), 8 U.S.C. 1254a(b)(1)(B)(i);
     Nepal is unable, temporarily, to handle adequately the 
return of aliens who are nationals of Nepal. See INA section 
244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii);
     Nepal has officially requested designation for TPS. See 
INA section 244(b)(1)(B)(iii), 8 U.S.C. 1254a(b)(1)(B)(iii);
     The designation of Nepal for TPS will be for an 18-month 
period from June 24, 2015 through December 24, 2016. See INA section 
244(b)(2), 8 U.S.C. 1254a(b)(2);
     The date by which applicants for TPS under the designation 
of Nepal must demonstrate that they have continuously resided in the 
United States is June 24, 2015. See INA section 244(c)(1)(A)(ii), 8 
U.S.C. 1254a(c)(1)(A)(ii);
     The date by which applicants for TPS under the designation 
of Nepal must demonstrate that they have been continuously physically 
present in the United States is June 24, 2015, the effective date of 
this designation of Nepal for TPS. INA sections 244(b)(2)(A), 
(c)(1)(A)(i), 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i); and
     An estimated 10,000 to 25,000 nationals of Nepal (and 
persons without nationality who last habitually resided in Nepal) are 
(or are likely to become) eligible for TPS under this designation. INA 
section 244(b)(1), 8 U.S.C. 1254a(b)(1). This estimate is based on the 
total number of Nepalese nationals believed to be in the United States 
in a nonimmigrant status or without lawful immigration status.

Notice of the Designation of Nepal for TPS

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, after consultation with the appropriate Government 
agencies, I designate Nepal for TPS under INA section 244(b)(1)(B), 8 
U.S.C. 1254a(b)(1)(B), for a period of 18 months from June 24, 2015 
through December 24, 2016.

Jeh Charles Johnson,
Secretary.

Required Application Forms and Application Fees To Register for TPS

    To register for TPS for Nepal, an applicant must submit each of the 
following two applications:
    1. Application for Temporary Protected Status (Form I-821) with the 
form fee; and
    2. Application for Employment Authorization (Form I-765).
     For administrative purposes, an applicant must submit an 
Application for Employment Authorization (Form I-765) even if no EAD is 
requested.
     If you want an EAD you must pay the Application for 
Employment Authorization (Form I-765) fee only if you are age 14 
through 65.
     No fee for Application for Employment Authorization (Form 
I-

[[Page 36348]]

765) is required if you are not requesting an EAD with an initial TPS 
application. Additionally, no fee is required if you are requesting an 
EAD and you are under the age of 14 or over the age of 65.
    You must submit both completed application forms together. If you 
are unable to pay the required fees, you may apply for a waiver for 
these application fees and/or the biometrics services fee described 
below by completing a Request for Fee Waiver (Form I-912), or 
submitting a personal letter requesting a fee waiver, and providing 
satisfactory supporting documentation. For more information on the 
application forms and fees for TPS, please visit the USCIS TPS Web page 
at http://www.uscis.gov/tps. Fees for Application for Temporary 
Protected Status (Form I-821), Application for Employment Authorization 
(Form I-765), and biometric services are also described in 8 CFR 
103.7(b).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age or older. Those applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay for the 
biometric services fee, you may request a fee waiver by completing a 
Request for Fee Waiver (Form I-912) or by submitting a personal letter 
requesting a fee waiver, and providing satisfactory supporting 
documentation. For more information on the biometric services fee, 
please visit the USCIS Web site at http://www.uscis.gov. If necessary, 
you may be required to visit an Application Support Center to have your 
biometrics captured.

Re-Filing a TPS Application After Receiving a Denial of a Fee Waiver 
Request

    If you request a fee waiver when filing your TPS and EAD 
application forms and your request is denied, you may refile your 
application packet with the correct fees before the filing deadline of 
December 21, 2015. If you attempt to submit your application with a fee 
waiver request before the initial filing deadline, but you receive your 
application back with the USCIS fee waiver denial, and there are fewer 
than 45 days before the filing deadline (or the deadline has passed), 
you may still refile your application within the 45-day period after 
the date on the USCIS fee waiver denial notice. You must include the 
correct fees or file a new fee waiver request. Your application will 
not be rejected even if the deadline has passed, provided it is mailed 
within those 45 days and all other required information for the 
application is included. Please be aware that if you re-file your TPS 
application packet with a new fee waiver request after the deadline 
based on this guidance and that new fee waiver request is denied, you 
cannot re-file again. Note: Alternatively, you may pay the TPS 
application fee and biometrics fee (if age 14 or older) but wait to 
request an EAD and pay the EAD application fee after USCIS grants your 
TPS application.

Mailing Information

    Mail your application for TPS to the proper address in Table 1.

                       Table 1--Mailing Addresses
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                                             Then mail your application
                  If you:                                to:
------------------------------------------------------------------------
Would like to send your application by      USCIS, P.O. Box 7555,
 U.S. Postal Service.                        Chicago, IL 60680.
Would like to send your application by non- Attn: Nepal TPS, 131 S.
 U.S. Postal Service courier.                Dearborn 3rd Floor,
                                             Chicago, IL 60603.
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    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA), and you wish to request an EAD, please 
mail your application to the appropriate mailing address in Table 1. 
After you submit your EAD application and receive a USCIS receipt 
number, please send an email to the Service Center handling your 
application. The email should include the receipt number and state that 
you submitted a request for an EAD based on an IJ/BIA grant of TPS. 
This will aid in the verification of your grant of TPS and processing 
of your EAD application, as USCIS may not have received records of your 
grant of TPS by either the IJ or the BIA. To obtain additional 
information, including the email address of the appropriate Service 
Center, you may go to the USCIS TPS Web page at http://www.uscis.gov/tps.

E-Filing

    You cannot electronically file your application packet when 
applying for initial registration for TPS. Please mail your application 
packet to the mailing address listed in Table 1.

Supporting Documents

What type of basic supporting documentation must I submit?

    To meet the basic eligibility requirements for TPS, you must submit 
evidence that you:
     Are a national of Nepal or an alien having no nationality 
who last habitually resided in Nepal. Such documents may include a copy 
of your passport if available, other documentation issued by the 
Government of Nepal showing your nationality (e.g., national identity 
card, official travel documentation issued by the Government of Nepal), 
and/or your birth certificate with English translation accompanied by 
photo identification. USCIS will also consider certain forms of 
secondary evidence supporting your Nepalese nationality. If the 
evidence presented is insufficient for USCIS to make a determination as 
to your nationality, USCIS may request additional evidence. If you 
cannot provide a passport, birth certificate with photo identification, 
or a national identity document with your photo or fingerprint, you 
must submit an affidavit showing proof of your unsuccessful efforts to 
obtain such documents and affirming that you are a national of Nepal. 
However, please be aware that an interview with an immigration officer 
will be required if you do not present any documentary proof of 
identity or nationality or if USCIS otherwise requests a personal 
appearance. See 8 CFR 103.2(b)(9), 244.9(a)(1);
     Have continuously resided in the United States since June 
24, 2015. See INA section 244(c)(1)(A)(ii); 8 U.S.C. 
1254a(c)(1)(A)(ii); 8 CFR 244.9(a)(2); and
     Have been continuously physically present in the United 
States since June 24, 2015, the effective date of the designation of 
Nepal. See INA sections 244(b)(2)(A), (c)(1)(A)(i);8 U.S.C. 
1254a(b)(2)(A), (c)(1)(A)(i).
    You must also submit two color passport-style photographs of 
yourself. The filing instructions on the Application for Temporary 
Protected Status (Form I-821) list all the documents needed to 
establish basic eligibility for TPS. You may also find information on 
the acceptable documentation and other requirements for applying for 
TPS on the USCIS Web site at www.uscis.gov/tps under ``TPS Designated 
Country: Nepal.''

Do I need to submit additional supporting documentation?

    If one or more of the questions listed in Part 4, Question 2 of the 
Application for Temporary Protected Status (Form I-821) applies to you, 
then you must submit an explanation on a separate sheet(s) of paper 
and/or additional documentation. Depending on the nature of the 
question(s) you are addressing, additional documentation alone may 
suffice, but usually a written explanation will also be needed.

[[Page 36349]]

Employment Authorization Document (EAD)

 How can I obtain information on the status of my EAD request?

    To obtain case status information about your TPS application, 
including the status of a request for an EAD, you 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). If your Form I-765 Application for Employment 
Authorization has been pending for more than 90 days, and you still 
need assistance, you may request an EAD inquiry appointment with USCIS 
by using the InfoPass system at https://infopass.uscis.gov. However, 
we strongly encourage you first to check Case Status Online or call the 
USCIS National Customer Service Center for assistance before making an 
InfoPass appointment.

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 ``List 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 the 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). You may present an acceptable 
receipt for List A, List B, or List C documents as described in the 
Form I-9 Instructions; the receipt for the application for replacement 
of a lost, stolen, or damaged employment authorization document is 
acceptable. A receipt for the application for an initial or renewal 
employment authorization is not an acceptable receipt. An EAD is an 
acceptable document under ``List A.'' Employers may not reject a 
document based on a future expiration date.

Can my employer require that I produce any other documentation to prove 
my current TPS status, such as proof of my Nepalese citizenship or 
proof that I have registered for TPS?

    No. When completing the Employment Eligibility Verification (Form 
I-9), including re-verifying 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 Nepalese 
citizenship or proof of TPS registration when completing the Employment 
Eligibility Verification (Form I-9) for new hires or reverifying the 
employment authorization of current employees. If presented with EADs 
that are unexpired on their face, 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 All 
Employees'' section for important information about your rights if your 
employer rejects lawful documentation, requires additional 
documentation, or otherwise discriminates against you because of your 
citizenship status, immigration status, or national origin.

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 I-9Central@dhs.gov. 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, Office 
of Special Counsel for Immigration-Related Unfair Employment Practices 
(OSC) Employer Hotline at 800-255-8155 (TTY 800-237-2515), which offers 
language interpretation in numerous languages, or email OSC at 
osccrt@usdoj.gov.

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 I-9Central@dhs.gov. Calls are accepted in English and many 
other languages. Employees or applicants may also call the U.S. 
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) 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, or for information regarding discrimination related to 
Employment Eligibility Verification (Form I-9) and E-Verify. The OSC 
Worker Information Hotline provides language interpretation in numerous 
languages.
    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 
who believes he or she was discriminated against by an employer in the 
E-Verify process based on citizenship status,

[[Page 36350]]

immigration status, or national origin, may contact OSC's Worker 
Information Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Employment Eligibility 
Verification (Form I-9) and E-Verify procedures is available on the OSC 
Web site at http://www.justice.gov/crt/about/osc/ 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)

    While Federal Government agencies must follow the guidelines laid 
out by the Federal, State, and local government agencies establish 
their own rules and guidelines when granting certain benefits. Each 
State may have different laws, requirements, and determinations about 
what documents you need to 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 EAD that has a valid expiration date;
    (2) A copy of your Notice of Action (Form I-797C) showing approval 
for TPS, if you receive one from USCIS.
    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 such 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. 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 by 
choosing ``How to Correct Your Records'' from the menu on the right.

[FR Doc. 2015-15576 Filed 6-23-15; 8:45 am]
 BILLING CODE 9111-97-P



                                              36346                        Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices

                                              DEPARTMENT OF HEALTH AND                                SUMMARY:    Through this Notice, the                   Massachusetts Avenue NW.,
                                              HUMAN SERVICES                                          Department of Homeland Security                        Washington, DC 20529–2060; or by
                                                                                                      (DHS) announces that the Secretary of                  phone at (202) 272–1533 (this is not a
                                              National Institutes of Health                           Homeland Security (Secretary) has                      toll-free number). Note: The phone
                                                                                                      designated Nepal for Temporary                         number provided here is solely for
                                              National Institute on Aging; Notice of                  Protected Status (TPS) for a period of 18              questions regarding this TPS Notice. It
                                              Closed Meeting                                          months, effective June 24, 2015 through                is not for individual case status
                                                Pursuant to section 10(d) of the                      December 24, 2016. Under section                       inquires.
                                              Federal Advisory Committee Act, as                      244(b)(1)(B) of the Immigration and                       • Applicants seeking information
                                              amended (5 U.S.C. App.), notice is                      Nationality Act (INA), 8 U.S.C.                        about the status of their individual cases
                                              hereby given of the following meeting.                  1254a(b)(1)(B), the Secretary is                       can check Case Status Online, available
                                                The meeting will be closed to the                     authorized to designate a foreign state                at the USCIS Web site at http://
                                              public in accordance with the                           (or any part thereof) for TPS upon                     www.uscis.gov, or call the USCIS
                                              provisions set forth in sections                        finding that the foreign state has                     National Customer Service Center at
                                              552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,              experienced an earthquake resulting in                 800–375–5283 (TTY 800–767–1833).
                                              as amended. The grant applications and                  a substantial, but temporary, disruption                  • Further information will also be
                                              the discussions could disclose                          of living conditions.                                  available at local USCIS offices upon
                                              confidential trade secrets or commercial                   This designation allows eligible                    publication of this Notice.
                                              property such as patentable material,                   Nepalese nationals (and aliens having                  SUPPLEMENTARY INFORMATION:
                                              and personal information concerning                     no nationality who last habitually
                                                                                                      resided in Nepal) who have                             Table of Abbreviations
                                              individuals associated with the grant
                                              applications, the disclosure of which                   continuously resided in the United                     BIA—Board of Immigration Appeals
                                              would constitute a clearly unwarranted                  States since June 24, 2015, and have                   DHS—Department of Homeland Security
                                                                                                      been continuously physically present in                EAD—Employment Authorization Document
                                              invasion of personal privacy.
                                                                                                      the United States since June 24, 2015 to               FNC—Final Nonconfirmation
                                                Name of Committee: National Institute on                                                                     Government—U.S. Government
                                                                                                      be granted TPS. This Notice also
                                              Aging Special Emphasis Panel; Tracking the                                                                     IJ—Immigration Judge
                                              Life Course.                                            describes the other eligibility criteria
                                                                                                                                                             INA—Immigration and Nationality Act
                                                Date: July 31, 2015.                                  applicants must meet.                                  OSC—U.S. Department of Justice, Office of
                                                Time: 11:00 a.m. to 2:00 p.m.                            Individuals who believe they may                      Special Counsel for Immigration-Related
                                                Agenda: To review and evaluate grant                  qualify for TPS under this designation                   Unfair Employment Practices
                                              applications.                                           may apply within the 180-day                           SAVE—USCIS Systematic Alien Verification
                                                Place: National Institute on Aging,                   registration period that begins on June                  for Entitlements Program
                                              Gateway Building, Suite 2C212, 7201                     24, 2015 and ends on December 21,                      Secretary—Secretary of Homeland Security
                                              Wisconsin Avenue, Bethesda, MD 20892,                   2015. They may also apply for                          TNC—Tentative Nonconfirmation
                                              (Telephone Conference Call).                            Employment Authorization Documents                     TPS—Temporary Protected Status
                                                Contact Person: Kimberly Firth, Ph.D.,                                                                       TTY—Text Telephone
                                              National Institutes of Health, National
                                                                                                      (EAD) and for travel authorization.
                                                                                                                                                             USCIS—U.S. Citizenship and Immigration
                                              Institute on Aging, Gateway Building, 7201              Through this Notice, DHS also sets forth                 Services
                                              Wisconsin Avenue, Suite 2C212, Bethesda,                the procedures for nationals of Nepal (or
                                              MD 20892, 301–402–7702, firthkm@                        aliens having no nationality who last                  What is Temporary Protected Status (TPS)?
                                              mail.nih.gov.                                           habitually resided in Nepal) to apply for                 • TPS is a temporary immigration status
                                              (Catalogue of Federal Domestic Assistance               TPS, EADs, and travel authorization                    granted to eligible nationals of a country
                                              Program Nos. 93.866, Aging Research,                    with U.S. Citizenship and Immigration                  designated for TPS under the INA, or to
                                              National Institutes of Health, HHS)                     Services (USCIS).                                      eligible persons without nationality who last
                                                                                                                                                             habitually resided in the designated country.
                                                Dated: June 18, 2015.                                 DATES: This designation of Nepal for                      • During the TPS designation period, TPS
                                              Melanie J. Gray,                                        TPS is effective on June 24, 2015 and                  beneficiaries are eligible to remain in the
                                              Program Analyst, Office of Federal Advisory             will remain in effect through December                 United States, may not be removed, and are
                                              Committee Policy.                                       24, 2016. The 180-day registration                     authorized to work and to obtain EADs, so
                                              [FR Doc. 2015–15443 Filed 6–23–15; 8:45 am]             period for eligible individuals to submit              long as they continue to meet the
                                                                                                      TPS applications begins June 24, 2015,                 requirements of TPS.
                                              BILLING CODE 4140–01–P
                                                                                                      and will remain in effect through                         • TPS beneficiaries may be granted travel
                                                                                                      December 21, 2015.                                     authorization as a matter of discretion.
                                                                                                                                                                • The granting of TPS does not result in or
                                              DEPARTMENT OF HOMELAND                                  FOR FURTHER INFORMATION CONTACT:                       lead to lawful permanent resident status.
                                              SECURITY                                                   • For further information on TPS,                      • To qualify for TPS, beneficiaries must
                                                                                                      including guidance on the application                  meet the eligibility standards at INA section
                                              U.S. Citizenship and Immigration                        process and additional information on                  244(c)(2).
                                              Services                                                eligibility, please visit the USCIS TPS                   • When the Secretary terminates a
                                                                                                      Web page at http://www.uscis.gov/tps.                  country’s TPS designation through a separate
                                              [CIS No. 2568–15; DHS Docket No. USCIS–                                                                        Federal Register notice, beneficiaries return
                                              2015–0003]
                                                                                                      You can find specific information about
                                                                                                                                                             to the same immigration status they
                                                                                                      this designation of Nepal for TPS by
                                              RIN 1615–ZB39                                                                                                  maintained before TPS, if any (unless that
                                                                                                      selecting ‘‘TPS Designated Country:                    status has since expired or been terminated),
                                                                                                      Nepal’’ from the menu on the left of the               or to any other lawfully obtained
                                              Designation of Nepal for Temporary
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                                                                                                      TPS Web page.                                          immigration status they received while
                                              Protected Status                                           • You can also contact the TPS                      registered for TPS.
                                              AGENCY: U.S. Citizenship and                            Operations Program Manager at the
                                                                                                      Family and Status Branch, Service                      What authority does the Secretary have
                                              Immigration Services, Department of                                                                            to designate Nepal for TPS?
                                              Homeland Security.                                      Center Operations Directorate, U.S.
                                                                                                      Citizenship and Immigration Services,                    Section 244(b)(1) of the INA, 8 U.S.C.
                                              ACTION: Notice.
                                                                                                      Department of Homeland Security, 20                    1254a(b)(1), authorizes the Secretary,


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                                                                           Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices                                           36347

                                              after consultation with appropriate U.S.                7.3. The May 12 aftershock contributed                 244(b)(1)(B)(iii), 8 U.S.C.
                                              Government (Government) agencies, to                    to additional casualties and resulted in               1254a(b)(1)(B)(iii);
                                              designate a foreign state (or part thereof)             the collapse of some buildings that had                  • The designation of Nepal for TPS
                                              for TPS if the Secretary finds that                     suffered damage in the April 25                        will be for an 18-month period from
                                              certain country conditions exist.1 The                  earthquake. The earthquake and its                     June 24, 2015 through December 24,
                                              Secretary can designate a foreign state                 aftershocks have caused over 8,700                     2016. See INA section 244(b)(2), 8
                                              for TPS if the Secretary determines that                fatalities and more than 20,000 injuries,              U.S.C. 1254a(b)(2);
                                              one or more of three bases exist. One                   displaced millions of people, and                         • The date by which applicants for
                                              basis is if the Secretary finds that ‘‘. . .            resulted in destruction or significant                 TPS under the designation of Nepal
                                              (i) there has been an earthquake, flood,                damage to over 750,000 homes. The UN                   must demonstrate that they have
                                              drought, epidemic, or other                             estimates 2.8 million people are in need               continuously resided in the United
                                              environmental disaster in the state                     of humanitarian assistance.                            States is June 24, 2015. See INA section
                                              resulting in a substantial, but temporary,                 The earthquake severely damaged                     244(c)(1)(A)(ii), 8 U.S.C.
                                              disruption of living conditions in the                  much of the country’s infrastructure in                1254a(c)(1)(A)(ii);
                                              area affected, (ii) the foreign state is                the affected areas, including the capital                 • The date by which applicants for
                                              unable, temporarily, to handle                          of Kathmandu. Earthquake-related                       TPS under the designation of Nepal
                                              adequately the return to the state of                   rubble litters urban population centers,               must demonstrate that they have been
                                              aliens who are nationals of the state,                  and many roads have been destroyed or                  continuously physically present in the
                                              and (iii) the foreign state officially has              rendered impassable. Infrastructure                    United States is June 24, 2015, the
                                              requested designation for TPS. . . .’’                  damage from the earthquake has                         effective date of this designation of
                                              INA section 244(b)(1)(B), 8 U.S.C.                      jeopardized food security, with over 1.4               Nepal for TPS. INA sections
                                              1254a(b)(1)(B).                                         million people estimated to be in need                 244(b)(2)(A), (c)(1)(A)(i), 8 U.S.C.
                                                 Following the designation of a foreign               of food assistance. Displaced persons                  1254a(b)(2)(A), (c)(1)(A)(i); and
                                                                                                      have varying access to basic services,                    • An estimated 10,000 to 25,000
                                              state for TPS, the Secretary may then
                                                                                                      such as shelter, water, sanitation, and                nationals of Nepal (and persons without
                                              grant TPS to eligible nationals of that
                                                                                                      hygiene and many continue to live                      nationality who last habitually resided
                                              foreign state (or eligible aliens having no
                                                                                                      outdoors. Medical care was also affected               in Nepal) are (or are likely to become)
                                              nationality who last habitually resided                                                                        eligible for TPS under this designation.
                                              in that state). See INA section                         by the earthquake, with over 25
                                                                                                      hospitals damaged and more than 900                    INA section 244(b)(1), 8 U.S.C.
                                              244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).                                                                         1254a(b)(1). This estimate is based on
                                              Applicants must demonstrate that they                   village health facilities rendered
                                                                                                      nonfunctional. At least 950,000 children               the total number of Nepalese nationals
                                              satisfy all eligibility criteria, including                                                                    believed to be in the United States in a
                                              that they have been ‘‘continuously                      in Nepal are at risk of being unable to
                                                                                                      return to school or are learning in                    nonimmigrant status or without lawful
                                              physically present’’ in the United States                                                                      immigration status.
                                              since the effective date of the                         temporary structures because their
                                              designation, which is either the date of                schools have been destroyed, damaged.                  Notice of the Designation of Nepal for
                                              the Federal Register Notice announcing                     The institutional capacity of the                   TPS
                                              the designation or such later date as the               Nepalese government to respond to the
                                                                                                      immediate effects of the earthquake                       By the authority vested in me as
                                              Secretary may determine, and that they                                                                         Secretary under INA section 244, 8
                                              have ‘‘continuously resided’’ in the                    alone is low.
                                                                                                         The April 25 earthquake and its                     U.S.C. 1254a, after consultation with the
                                              United States since such date as the                                                                           appropriate Government agencies, I
                                                                                                      aftershocks caused enormous damage in
                                              Secretary may designate. See INA                                                                               designate Nepal for TPS under INA
                                                                                                      Nepal’srural areas that are difficult to
                                              sections 244(a)(1)(A), (b)(2)(A),                                                                              section 244(b)(1)(B), 8 U.S.C.
                                                                                                      access because of the mountainous
                                              (c)(1)(A)(i–ii); 8 U.S.C. 1254a(a)(1)(A),                                                                      1254a(b)(1)(B), for a period of 18 months
                                                                                                      terrain and limited numbers of
                                              (b)(2)(A), (c)(1)(A)(i–ii).                                                                                    from June 24, 2015 through December
                                                                                                      undamaged roads. With the 2015
                                              Why is the Secretary designating Nepal                  monsoon season starting this month,                    24, 2016.
                                              for TPS through December 24, 2016?                      remote areas will face additional threats,             Jeh Charles Johnson,
                                                 On April 25, 2015, a magnitude 7.8                   including landslides and flooding, and                 Secretary.
                                              earthquake struck Nepal. The                            providing aid to them may become more
                                                                                                      difficult.                                             Required Application Forms and
                                              earthquake’s epicenter was less than 50                                                                        Application Fees To Register for TPS
                                                                                                         Based upon review of these
                                              miles from the capital city, Kathmandu,
                                                                                                      conditions and after consultation with                   To register for TPS for Nepal, an
                                              and Pokhara, another major city in
                                                                                                      appropriate Government agencies, the                   applicant must submit each of the
                                              central Nepal. Approximately 25 to 33
                                                                                                      Secretary has determined that:                         following two applications:
                                              percent of Nepal’s population (over 8
                                                                                                         • There has been an earthquake,                       1. Application for Temporary
                                              million people) in 39 of Nepal’s 75
                                                                                                      flood, drought, epidemic, or other                     Protected Status (Form I–821) with the
                                              districts has been affected by the
                                                                                                      environmental disaster in Nepal                        form fee; and
                                              earthquake. There have been numerous
                                                                                                      resulting in a substantial, but temporary,               2. Application for Employment
                                              aftershocks since the April 25
                                                                                                      disruption of living conditions in the                 Authorization (Form I–765).
                                              earthquake, with the strongest striking
                                                                                                      area affected. See INA section                           • For administrative purposes, an
                                              on May 12 and measuring magnitude
                                                                                                      244(b)(1)(B)(i), 8 U.S.C.                              applicant must submit an Application
                                                1 As of March 1, 2003, in accordance with section
                                                                                                      1254a(b)(1)(B)(i);                                     for Employment Authorization (Form I–
                                                                                                         • Nepal is unable, temporarily, to
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                                              1517 of title XV of the Homeland Security Act of                                                               765) even if no EAD is requested.
                                              2002, Public Law 107–296, 116 Stat. 2135, any           handle adequately the return of aliens                   • If you want an EAD you must pay
                                              reference to the Attorney General in a provision of     who are nationals of Nepal. See INA                    the Application for Employment
                                              the INA describing functions transferred from the       section 244(b)(1)(B)(ii), 8 U.S.C.                     Authorization (Form I–765) fee only if
                                              Department of Justice to DHS ‘‘shall be deemed to
                                              refer to the Secretary’’ of Homeland Security. See      1254a(b)(1)(B)(ii);                                    you are age 14 through 65.
                                              6 U.S.C. 557 (codifying the Homeland Security Act          • Nepal has officially requested                      • No fee for Application for
                                              of 2002, tit. XV, section 1517).                        designation for TPS. See INA section                   Employment Authorization (Form I–


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                                              36348                        Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices

                                              765) is required if you are not requesting              information for the application is                     documents may include a copy of your
                                              an EAD with an initial TPS application.                 included. Please be aware that if you re-              passport if available, other
                                              Additionally, no fee is required if you                 file your TPS application packet with a                documentation issued by the
                                              are requesting an EAD and you are                       new fee waiver request after the                       Government of Nepal showing your
                                              under the age of 14 or over the age of                  deadline based on this guidance and                    nationality (e.g., national identity card,
                                              65.                                                     that new fee waiver request is denied,                 official travel documentation issued by
                                                You must submit both completed                        you cannot re-file again. Note:                        the Government of Nepal), and/or your
                                              application forms together. If you are                  Alternatively, you may pay the TPS                     birth certificate with English translation
                                              unable to pay the required fees, you may                application fee and biometrics fee (if age             accompanied by photo identification.
                                              apply for a waiver for these application                14 or older) but wait to request an EAD                USCIS will also consider certain forms
                                              fees and/or the biometrics services fee                 and pay the EAD application fee after                  of secondary evidence supporting your
                                              described below by completing a                         USCIS grants your TPS application.                     Nepalese nationality. If the evidence
                                              Request for Fee Waiver (Form I–912), or                                                                        presented is insufficient for USCIS to
                                              submitting a personal letter requesting a               Mailing Information
                                                                                                                                                             make a determination as to your
                                              fee waiver, and providing satisfactory                    Mail your application for TPS to the                 nationality, USCIS may request
                                              supporting documentation. For more                      proper address in Table 1.                             additional evidence. If you cannot
                                              information on the application forms                                                                           provide a passport, birth certificate with
                                              and fees for TPS, please visit the USCIS                      TABLE 1—MAILING ADDRESSES                        photo identification, or a national
                                              TPS Web page at http://www.uscis.gov/                                                                          identity document with your photo or
                                              tps. Fees for Application for Temporary                                              Then mail your appli-
                                                                                                      If you:                      cation to:                fingerprint, you must submit an
                                              Protected Status (Form I–821),                                                                                 affidavit showing proof of your
                                              Application for Employment                              Would like to send           USCIS, P.O. Box           unsuccessful efforts to obtain such
                                              Authorization (Form I–765), and                          your application by           7555, Chicago, IL       documents and affirming that you are a
                                              biometric services are also described in                 U.S. Postal Service.          60680.                  national of Nepal. However, please be
                                              8 CFR 103.7(b).                                         Would like to send           Attn: Nepal TPS, 131      aware that an interview with an
                                                                                                       your application by           S. Dearborn 3rd         immigration officer will be required if
                                              Biometric Services Fee                                   non-U.S. Postal               Floor, Chicago, IL
                                                                                                                                                             you do not present any documentary
                                                 Biometrics (such as fingerprints) are                 Service courier.              60603.
                                                                                                                                                             proof of identity or nationality or if
                                              required for all applicants 14 years of
                                                                                                        If you were granted TPS by an                        USCIS otherwise requests a personal
                                              age or older. Those applicants must
                                                                                                      Immigration Judge (IJ) or the Board of                 appearance. See 8 CFR 103.2(b)(9),
                                              submit a biometric services fee. As
                                                                                                      Immigration Appeals (BIA), and you                     244.9(a)(1);
                                              previously stated, if you are unable to
                                              pay for the biometric services fee, you                 wish to request an EAD, please mail                       • Have continuously resided in the
                                              may request a fee waiver by completing                  your application to the appropriate                    United States since June 24, 2015. See
                                              a Request for Fee Waiver (Form I–912)                   mailing address in Table 1. After you                  INA section 244(c)(1)(A)(ii); 8 U.S.C.
                                              or by submitting a personal letter                      submit your EAD application and                        1254a(c)(1)(A)(ii); 8 CFR 244.9(a)(2); and
                                              requesting a fee waiver, and providing                  receive a USCIS receipt number, please                    • Have been continuously physically
                                              satisfactory supporting documentation.                  send an email to the Service Center                    present in the United States since June
                                              For more information on the biometric                   handling your application. The email                   24, 2015, the effective date of the
                                              services fee, please visit the USCIS Web                should include the receipt number and                  designation of Nepal. See INA sections
                                              site at http://www.uscis.gov. If                        state that you submitted a request for an              244(b)(2)(A), (c)(1)(A)(i);8 U.S.C.
                                              necessary, you may be required to visit                 EAD based on an IJ/BIA grant of TPS.
                                                                                                                                                             1254a(b)(2)(A), (c)(1)(A)(i).
                                              an Application Support Center to have                   This will aid in the verification of your
                                              your biometrics captured.                               grant of TPS and processing of your                       You must also submit two color
                                                                                                      EAD application, as USCIS may not                      passport-style photographs of yourself.
                                              Re-Filing a TPS Application After                       have received records of your grant of                 The filing instructions on the
                                              Receiving a Denial of a Fee Waiver                      TPS by either the IJ or the BIA. To                    Application for Temporary Protected
                                              Request                                                 obtain additional information, including               Status (Form I–821) list all the
                                                If you request a fee waiver when filing               the email address of the appropriate                   documents needed to establish basic
                                              your TPS and EAD application forms                      Service Center, you may go to the USCIS                eligibility for TPS. You may also find
                                              and your request is denied, you may                     TPS Web page at http://www.uscis.gov/                  information on the acceptable
                                              refile your application packet with the                 tps.                                                   documentation and other requirements
                                              correct fees before the filing deadline of                                                                     for applying for TPS on the USCIS Web
                                                                                                      E-Filing                                               site at www.uscis.gov/tps under ‘‘TPS
                                              December 21, 2015. If you attempt to
                                              submit your application with a fee                        You cannot electronically file your                  Designated Country: Nepal.’’
                                              waiver request before the initial filing                application packet when applying for
                                                                                                                                                             Do I need to submit additional
                                              deadline, but you receive your                          initial registration for TPS. Please mail
                                                                                                                                                             supporting documentation?
                                              application back with the USCIS fee                     your application packet to the mailing
                                              waiver denial, and there are fewer than                 address listed in Table 1.                               If one or more of the questions listed
                                              45 days before the filing deadline (or the              Supporting Documents                                   in Part 4, Question 2 of the Application
                                              deadline has passed), you may still                                                                            for Temporary Protected Status (Form I–
                                              refile your application within the 45-                  What type of basic supporting                          821) applies to you, then you must
                                                                                                      documentation must I submit?
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                                              day period after the date on the USCIS                                                                         submit an explanation on a separate
                                              fee waiver denial notice. You must                        To meet the basic eligibility                        sheet(s) of paper and/or additional
                                              include the correct fees or file a new fee              requirements for TPS, you must submit                  documentation. Depending on the
                                              waiver request. Your application will                   evidence that you:                                     nature of the question(s) you are
                                              not be rejected even if the deadline has                  • Are a national of Nepal or an alien                addressing, additional documentation
                                              passed, provided it is mailed within                    having no nationality who last                         alone may suffice, but usually a written
                                              those 45 days and all other required                    habitually resided in Nepal. Such                      explanation will also be needed.


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                                                                           Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices                                             36349

                                              Employment Authorization Document                       Can my employer require that I produce                 languages, or email OSC at osccrt@
                                              (EAD)                                                   any other documentation to prove my                    usdoj.gov.
                                                                                                      current TPS status, such as proof of my                Note to Employees
                                              How can I obtain information on the                     Nepalese citizenship or proof that I have
                                              status of my EAD request?                               registered for TPS?                                       For general questions about the
                                                                                                                                                             employment eligibility verification
                                                 To obtain case status information                       No. When completing the                             process, employees may call USCIS at
                                              about your TPS application, including                   Employment Eligibility Verification                    888–897–7781 (TTY 877–875–6028) or
                                              the status of a request for an EAD, you                 (Form I–9), including re-verifying                     email at I–9Central@dhs.gov. Calls are
                                              can check Case Status Online, available                 employment authorization, employers                    accepted in English and many other
                                              at the USCIS Web site at http://                        must accept any documentation that                     languages. Employees or applicants may
                                              www.uscis.gov, or call the USCIS                        appears on the ‘‘Lists of Acceptable                   also call the U.S. Department of Justice,
                                              National Customer Service Center at                     Documents’’ for Employment Eligibility                 Office of Special Counsel for
                                              800–375–5283 (TTY 800–767–1833). If                     Verification (Form I–9) that reasonably                Immigration-Related Unfair
                                              your Form I–765 Application for                         appears to be genuine and that relates to              Employment Practices (OSC) Worker
                                              Employment Authorization has been                       you, or an acceptable List A, List B, or               Information Hotline at 800–255–7688
                                              pending for more than 90 days, and you                  List C receipt. Employers may not                      (TTY 800–237–2515) for information
                                              still need assistance, you may request an               request documentation that does not                    regarding employment discrimination
                                              EAD inquiry appointment with USCIS                      appear on the ‘‘Lists of Acceptable                    based upon citizenship status,
                                              by using the InfoPass system at https://                Documents.’’ Therefore, employers may                  immigration status, or national origin, or
                                              infopass.uscis.gov. However, we                         not request proof of Nepalese                          for information regarding discrimination
                                              strongly encourage you first to check                   citizenship or proof of TPS registration               related to Employment Eligibility
                                              Case Status Online or call the USCIS                    when completing the Employment                         Verification (Form I–9) and E-Verify.
                                              National Customer Service Center for                    Eligibility Verification (Form I–9) for                The OSC Worker Information Hotline
                                              assistance before making an InfoPass                    new hires or reverifying the                           provides language interpretation in
                                              appointment.                                            employment authorization of current                    numerous languages.
                                                                                                      employees. If presented with EADs that                    To comply with the law, employers
                                              When hired, what documentation may I                                                                           must accept any document or
                                              show to my employer as proof of                         are unexpired on their face, employers
                                                                                                      should accept such EADs as valid ‘‘List                combination of documents from the
                                              employment authorization and identity                                                                          Lists of Acceptable Documents if the
                                              when completing Employment                              A’’ documents so long as the EADs
                                                                                                      reasonably appear to be genuine and to                 documentation reasonably appears to be
                                              Eligibility Verification (Form I–9)?                                                                           genuine and to relate to the employee,
                                                                                                      relate to the employee. Refer to the
                                                 You can find a list of acceptable                                                                           or an acceptable List A, List B, or List
                                                                                                      ‘‘Note to All Employees’’ section for
                                              document choices on the ‘‘List of                                                                              C receipt described in the Employment
                                                                                                      important information about your rights
                                                                                                                                                             Eligibility Verification (Form I–9)
                                              Acceptable Documents’’ for                              if your employer rejects lawful
                                                                                                                                                             Instructions. Employers may not require
                                              Employment Eligibility Verification                     documentation, requires additional
                                                                                                                                                             extra or additional documentation
                                              (Form I–9). You can find additional                     documentation, or otherwise
                                                                                                                                                             beyond what is required for
                                              detailed information on the USCIS I–9                   discriminates against you because of
                                                                                                                                                             Employment Eligibility Verification
                                              Central Web page at http://                             your citizenship status, immigration
                                                                                                                                                             (Form I–9) completion. Further,
                                              www.uscis.gov/I–9Central. Employers                     status, or national origin.
                                                                                                                                                             employers participating in E-Verify who
                                              are required to verify the identity and
                                                                                                      Note to All Employers                                  receive an E-Verify case result of
                                              employment authorization of all new
                                                                                                                                                             ‘‘Tentative Nonconfirmation’’ (TNC)
                                              employees by using the Employment                          Employers are reminded that the laws                must promptly inform employees of the
                                              Eligibility Verification (Form I–9).                    requiring proper employment eligibility                TNC and give such employees an
                                              Within 3 days of hire, an employee must                 verification and prohibiting unfair                    opportunity to contest the TNC. A TNC
                                              present proof of identity and                           immigration-related employment                         case result means that the information
                                              employment authorization to his or her                  practices remain in full force. This                   entered into E-Verify from Employment
                                              employer.                                               Notice does not supersede or in any way                Eligibility Verification (Form I–9) differs
                                                 You may present any document from                    limit applicable employment                            from Federal or state government
                                              List A (reflecting both your identity and               verification rules and policy guidance,                records.
                                              employment authorization), or one                       including those rules setting forth                       Employers may not terminate,
                                              document from List B (reflecting                        reverification requirements. For general               suspend, delay training, withhold pay,
                                              identity) together with one document                    questions about the employment                         lower pay, or take any adverse action
                                              from List C (reflecting employment                      eligibility verification process,                      against an employee based on the
                                              authorization). You may present an                      employers may call USCIS at 888–464–                   employee’s decision to contest a TNC or
                                              acceptable receipt for List A, List B, or               4218 (TTY 877–875–6028) or email                       because the case is still pending with E-
                                              List C documents as described in the                    USCIS at I–9Central@dhs.gov. Calls and                 Verify. A Final Nonconfirmation (FNC)
                                              Form I–9 Instructions; the receipt for the              emails are accepted in English and                     case result is received when E-Verify
                                              application for replacement of a lost,                  many other languages. For questions                    cannot verify an employee’s
                                              stolen, or damaged employment                           about avoiding discrimination during                   employment eligibility. An employer
                                              authorization document is acceptable. A                 the employment eligibility verification                may terminate employment based on a
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                                              receipt for the application for an initial              process, employers may also call the                   case result of FNC. Work-authorized
                                              or renewal employment authorization is                  U.S. Department of Justice, Office of                  employees who receive an FNC may call
                                              not an acceptable receipt. An EAD is an                 Special Counsel for Immigration-Related                USCIS for assistance at 888–897–7781
                                              acceptable document under ‘‘List A.’’                   Unfair Employment Practices (OSC)                      (TTY 877–875–6028). An employee who
                                              Employers may not reject a document                     Employer Hotline at 800–255–8155                       believes he or she was discriminated
                                              based on a future expiration date.                      (TTY 800–237–2515), which offers                       against by an employer in the E-Verify
                                                                                                      language interpretation in numerous                    process based on citizenship status,


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                                              36350                        Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices

                                              immigration status, or national origin,                 DEPARTMENT OF HOMELAND                                 Applicants seeking information about
                                              may contact OSC’s Worker Information                    SECURITY                                               the status of their individual cases can
                                              Hotline at 800–255–7688 (TTY 800–                                                                              check Case Status Online, available at
                                              237–2515). Additional information                       U.S. Citizenship and Immigration                       the USCIS Web site at http://
                                              about proper nondiscriminatory                          Services                                               www.uscis.gov, or call the USCIS
                                              Employment Eligibility Verification                     [OMB Control Number 1615–0051]                         National Customer Service Center at
                                              (Form I–9) and E-Verify procedures is                                                                          800–375–5283 (TTY 800–767–1833).
                                              available on the OSC Web site at http://                Agency Information Collection                          SUPPLEMENTARY INFORMATION:
                                              www.justice.gov/crt/about/osc/ and the                  Activities: Monthly Report on                             Comments:
                                              USCIS Web site at http://www.dhs.gov/                   Naturalization Papers, Form N–4,                          You may access the information
                                              E-verify.                                               Extension, Without Change, of a                        collection instrument with instructions,
                                              Note Regarding Federal, State, and                      Currently Approved Collection                          or additional information by visiting the
                                              Local Government Agencies (Such as                                                                             Federal eRulemaking Portal site at:
                                                                                                      AGENCY:  U.S. Citizenship and
                                              Departments of Motor Vehicles)                                                                                 http://www.regulations.gov and enter
                                                                                                      Immigration Services (USCIS),
                                                 While Federal Government agencies                                                                           USCIS–2005–0032 in the search box.
                                                                                                      Department of Homeland Security
                                              must follow the guidelines laid out by                                                                         Regardless of the method used for
                                                                                                      (DHS).
                                              the Federal, State, and local government                                                                       submitting comments or material, all
                                                                                                      ACTION: 60-Day Notice.                                 submissions will be posted, without
                                              agencies establish their own rules and
                                              guidelines when granting certain                        SUMMARY:    DHS, USCIS invites the                     change, to the Federal eRulemaking
                                              benefits. Each State may have different                 general public and other Federal                       Portal at http://www.regulations.gov,
                                              laws, requirements, and determinations                  agencies to comment upon this                          and will include any personal
                                              about what documents you need to                        proposed extension of a currently                      information you provide. Therefore,
                                              provide to prove eligibility for certain                approved collection of information. In                 submitting this information makes it
                                              benefits. Whether you are applying for                  accordance with the Paperwork                          public. You may wish to consider
                                              a Federal, State, or local government                   Reduction Act (PRA) of 1995, the                       limiting the amount of personal
                                              benefit, you may need to provide the                    information collection notice is                       information that you provide in any
                                              government agency with documents that                   published in the Federal Register to                   voluntary submission you make to DHS.
                                              show you are a TPS beneficiary and/or                   obtain comments regarding the nature of                DHS may withhold information
                                              show you are authorized to work based                   the information collection, the                        provided in comments from public
                                              on TPS. Examples are:                                   categories of respondents, the estimated               viewing that it determines may impact
                                                 (1) Your EAD that has a valid                        burden (i.e. the time, effort, and                     the privacy of an individual or is
                                              expiration date;                                        resources used by the respondents to                   offensive. For additional information,
                                                 (2) A copy of your Notice of Action                  respond), the estimated cost to the                    please read the Privacy Act notice that
                                              (Form I–797C) showing approval for                      respondent, and the actual information                 is available via the link in the footer of
                                              TPS, if you receive one from USCIS.                     collection instruments.                                http://www.regulations.gov.
                                                 Check with the government agency                                                                               Written comments and suggestions
                                                                                                      DATES: Comments are encouraged and
                                              regarding which document(s) the agency                                                                         from the public and affected agencies
                                              will accept. You may also provide the                   will be accepted for 60 days until                     should address one or more of the
                                              agency with a copy of this Federal                      August 24, 2015.                                       following four points:
                                              Register Notice.                                        ADDRESSES: All submissions received                       (1) Evaluate whether the proposed
                                                 Some benefit-granting agencies use                   must include the OMB Control Number                    collection of information is necessary
                                              the USCIS Systematic Alien Verification                 1615–0051 in the subject box, the                      for the proper performance of the
                                              for Entitlements Program (SAVE) to                      agency name and Docket ID USCIS–                       functions of the agency, including
                                              verify the current immigration status of                2005–0032. To avoid duplicate                          whether the information will have
                                              applicants for public benefits. If such an              submissions, please use only one of the                practical utility;
                                              agency has denied your application                      following methods to submit comments:                     (2) Evaluate the accuracy of the
                                              based solely or in part on a SAVE                          (1) Online. Submit comments via the                 agency’s estimate of the burden of the
                                              response, the agency must offer you the                 Federal eRulemaking Portal Web site at                 proposed collection of information,
                                              opportunity to appeal the decision in                   www.regulations.gov under e-Docket ID                  including the validity of the
                                              accordance with the agency’s                            number USCIS–2005–0032;                                methodology and assumptions used;
                                              procedures. If the agency has received                     (2) Email. Submit comments to                          (3) Enhance the quality, utility, and
                                              and acted upon or will act upon a SAVE                  USCISFRComment@uscis.dhs.gov;                          clarity of the information to be
                                              verification and you do not believe the                    (3) Mail. Submit written comments to                collected; and
                                              response is correct, you may make an                    DHS, USCIS, Office of Policy and                          (4) Minimize the burden of the
                                              InfoPass appointment for an in-person                   Strategy, Chief, Regulatory Coordination               collection of information on those who
                                              interview at a local USCIS office.                      Division, 20 Massachusetts Avenue                      are to respond, including through the
                                              Detailed information on how to make                     NW., Washington, DC 20529–2140.                        use of appropriate automated,
                                              corrections, make an appointment, or                    FOR FURTHER INFORMATION CONTACT:                       electronic, mechanical, or other
                                              submit a written request to correct                     USCIS, Office of Policy and Strategy,                  technological collection techniques or
                                              records under the Freedom of                            Regulatory Coordination Division, Laura                other forms of information technology,
                                              Information Act can be found at the                     Dawkins, Chief, 20 Massachusetts                       e.g., permitting electronic submission of
                                              SAVE Web site at http://www.uscis.gov/
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                                                                                                      Avenue NW., Washington, DC 20529–                      responses.
                                              save, then by choosing ‘‘How to Correct                 2140, telephone number 202–272–8377
                                              Your Records’’ from the menu on the                     (comments are not accepted via                         Overview of This Information
                                              right.                                                  telephone message). Please note contact                Collection
                                              [FR Doc. 2015–15576 Filed 6–23–15; 8:45 am]             information provided here is solely for                  (1) Type of Information Collection:
                                              BILLING CODE 9111–97–P                                  questions regarding this notice. It is not             Extension, Without Change, of a
                                                                                                      for individual case status inquiries.                  Currently Approved Collection.


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Document Created: 2015-12-15 14:09:31
Document Modified: 2015-12-15 14:09:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThis designation of Nepal for TPS is effective on June 24, 2015 and will remain in effect through December 24, 2016. The 180-day registration period for eligible individuals to submit TPS applications begins June 24, 2015, and will remain in effect through December 21, 2015.
Contact<bullet> 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 this designation of Nepal for TPS by selecting ``TPS Designated Country: Nepal'' from the menu on the left of the TPS Web page.
FR Citation80 FR 36346 
RIN Number1615-ZB39

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