81 FR 66059 - Six-Month Extension of Temporary Protected Status Benefits for Orderly Transition Before Termination of Liberia's Designation for Temporary Protected Status

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

Federal Register Volume 81, Issue 186 (September 26, 2016)

Page Range		66059-66064
FR Document		2016-23250

The designation of Liberia for Temporary Protected Status (TPS) is set to expire on November 21, 2016. After reviewing relevant country conditions and consulting with the appropriate U.S. Government (Government) agencies, the Secretary of Homeland Security (Secretary) has determined that conditions in Liberia no longer support its designation for TPS and is therefore extending TPS benefits for 6 months for the purpose of orderly transition before the TPS designation of Liberia terminates. This termination will be effective May 21, 2017, 6 months following the end of the current designation. To provide for an orderly transition, nationals of Liberia (and aliens having no nationality who last habitually resided in Liberia) who have been granted TPS under the Liberia designation will automatically retain their TPS and have their current TPS-based Employment Authorization Documents (EAD) extended through May 20, 2017. However, an individual's TPS may still be withdrawn because of ineligibility for TPS. On May 21, 2017, nationals of Liberia (and aliens having no nationality who last habitually resided in Liberia) who have been granted TPS under the Liberia designation will no longer have TPS.

Federal Register, Volume 81 Issue 186 (Monday, September 26, 2016)

[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Notices]
[Pages 66059-66064]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-23250]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2588-16; DHS Docket No. USCIS-2014-0011]
RIN 1615-ZB56

Six-Month Extension of Temporary Protected Status Benefits for
Orderly Transition Before Termination of Liberia's Designation for
Temporary Protected Status

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

ACTION: Notice.

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SUMMARY: The designation of Liberia for Temporary Protected Status
(TPS) is set to expire on November 21, 2016. After reviewing relevant
country conditions and consulting with the appropriate U.S. Government
(Government) agencies, the Secretary of Homeland Security (Secretary)
has determined that conditions in Liberia no longer support its
designation for TPS and is therefore extending TPS benefits for 6
months for the purpose of orderly transition before the TPS designation
of Liberia terminates. This termination will be effective May 21, 2017,
6 months following the end of the current designation.
To provide for an orderly transition, nationals of Liberia (and
aliens having no nationality who last habitually resided in Liberia)
who have been granted TPS under the Liberia designation will
automatically retain their TPS and have their current TPS-based
Employment Authorization Documents (EAD) extended through May 20, 2017.
However, an individual's TPS may still be withdrawn because of
ineligibility for TPS. On May 21, 2017, nationals of Liberia (and
aliens having no nationality who last habitually resided in Liberia)
who have been granted TPS under the Liberia designation will no longer
have TPS.

DATES: The designation of Liberia for TPS is terminated effective at
12:01 a.m., local time, on May 21, 2017.

FOR FURTHER INFORMATION CONTACT:
For further information on TPS, please visit the U.S.
Citizenship and Immigration Services (USCIS) TPS Web page at http://www.uscis.gov/tps. You can find specific information about the
termination of Liberia's TPS designation by selecting ``Liberia'' from
the menu on the left side of the TPS Web page.
You can also contact Jerry Rigdon, Chief of the Waivers
and Temporary Services 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

DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
EVD--Ebola Virus Disease
FNC--Final Nonconfirmation
Government--U.S. Government
INA--Immigration and Nationality Act
OSC--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
WHO--World Health Organization

What is Temporary Protected Status (TPS)?

TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (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 obtain EADs so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not result in or lead to
permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility criteria described in INA section 244(c), 8 U.S.C. 1254a(c)
and 8 CFR part 244.
When the Secretary terminates a country's TPS designation,
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 immigration status they lawfully obtained
while registered for TPS.

When was Liberia designated for TPS?

On November 21, 2014, the Secretary designated Liberia for TPS for
a period of 18 months due to the extraordinary and temporary conditions
caused by an epidemic of Ebola Virus Disease (EVD) in West Africa that
prevented nationals of Liberia from returning to Liberia in safety. The
conditions included high EVD transmission rates in wide-spread
geographic areas, overwhelmed health care systems unable to handle the
large number of EVD patients or to provide treatment for normally
preventable or treatable conditions, and containment

[[Page 66060]]

measures that were causing significant disruptions to Liberia's economy
and individuals' ability to access food and earn a livelihood. See
Designation of Liberia for Temporary Protected Status, 79 FR 69502
(Nov. 21, 2014). The Secretary last announced a 6-month extension of
TPS for Liberia on March 22, 2016, based on his determination that
although there were significant improvements, conditions supporting the
designation persisted. See Extension of the Designation of Liberia for
Temporary Protected Status, 81 FR 15328 (Mar. 22, 2016).

What authority does the Secretary have to terminate the designation of
Liberia for TPS?

Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate Government agencies, to
designate a foreign state (or part thereof) for TPS if the Secretary
determines that certain country conditions exist.\1\ The Secretary may
then grant TPS to eligible nationals of that foreign state (or eligible
aliens having no nationality who last habitually resided in the
designated country). See INA section 244(a)(1)(A), 8 U.S.C.
1254a(a)(1)(A).
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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 the Department of Homeland Security (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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At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
a foreign state continues to meet the conditions for TPS designation,
the designation may be extended for an additional period of 6, 12, or
18 months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If
the Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation, but such termination may not take effect earlier than 60
days after the date the Federal Register notice of termination is
published, or if later, the expiration of the most recent previous
extension of the country designation. See INA section 244(b)(3)(B), 8
U.S.C. 1254a(b)(3)(B). The Secretary may determine the appropriate
effective date of the termination and the expiration of any TPS-related
documentation, such as EADs, for the purpose of providing an orderly
transition. See id.; INA section 244(d)(3), 8 U.S.C. 1254a(d)(3).

Why is the Secretary terminating the designation of Liberia for TPS as
of May 21, 2017, after a 6-month extension of TPS benefits for the
purpose of orderly transition?

DHS and the Department of State (DOS) have reviewed conditions in
Liberia. Based on the reviews and after consulting with DOS, the
Secretary has determined that the termination of the TPS designation of
Liberia, after a 6-month extension of TPS benefits for orderly
transition, is required because the extraordinary and temporary
conditions that prompted Liberia's designation for TPS have
substantially resolved and no longer prevent nationals of Liberia from
returning in safety.
Guinea, Liberia, and Sierra Leone were designated for TPS in the
midst of the largest EVD outbreak in history. From March 2014 through
November 2015, these three countries suffered over 11,000 deaths among
their more than 28,500 cases of EVD. At the height of the outbreak in
late 2014, Ebola was spreading rapidly, with hundreds of new cases
being reported each week, the health care systems overwhelmed, and
containment measures causing significant disruptions to individuals'
ability to access food and earn a livelihood. While the impacts of the
epidemic pose a lasting challenge to Liberia's economy and the capacity
of its health system to provide treatment for preventable or treatable
conditions, at this time, the EVD epidemic has subsided, and conditions
have improved since the Secretary initially designated Liberia for TPS.
A robust response by the international community and the
governments of Guinea, Liberia, and Sierra Leone has brought the EVD
epidemic in West Africa under control and begun the long-term work of
rebuilding regional economies and health systems. As of June 2016,
Guinea, Liberia, and Sierra Leone are all free of EVD. A country is
considered free of EVD transmission after 42 days have passed since the
last known person in the country with Ebola receives a second
consecutive negative blood test for the virus. While the risk of flare-
ups of EVD remains, efforts are underway to promote, over time, robust
prevention, surveillance, and response capacity across all three
countries.
In Liberia, the government and citizens partnered in a successful
effort to control the epidemic and rapidly respond to any new cases.
Commerce and imports have begun to rebound, and basic services have
returned to pre-EVD outbreak levels. The U.S. Department of Health and
Human Services, Centers for Disease Control and Prevention has no
Ebola-related Travel Health Notice in place for Liberia as of the date
of this Notice.
While health systems and facilities remain fragile, medical centers
are no longer overwhelmed by patients with EVD. High rates of child
mortality both before and since the EVD epidemic are indicative of the
overall fragility of the health system. Although this is comparable to
other countries in the region, systems in Liberia must also be able to
address ongoing issues of trust between healthcare facilities and
communities, as well as continue to care for Ebola survivors who have a
series of ongoing and previously unforeseen health conditions, both of
which will continue to exacerbate and underscore the fragility of these
systems. Normal business activity and national life have largely
resumed, although work is ongoing to rebuild Liberia's economy and
health care system. On March 29, 2016, the WHO Director-General
declared the end of the Public Health Emergency of International
Concern regarding the EVD outbreak in West Africa. In conjunction with
ending the public health emergency, the WHO emphasized that there
should be no restrictions on travel and trade with Guinea, Liberia, and
Sierra Leone.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary has determined that Liberia no
longer continues to meet the statutorily required conditions for a TPS
designation on the basis of extraordinary and temporary conditions,
because the extraordinary and temporary conditions that prompted
Liberia's TPS designation have substantially resolved and no longer
prevent nationals of Liberia from returning to Liberia in safety.
Therefore, after a 6-month extension of TPS benefits for orderly
transition, the Secretary is terminating the TPS designation of Liberia
effective at 12:01 a.m., local time, on May 21, 2017, 6 months
following the end of the current designation. See INA section
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
To provide for an orderly transition, individuals who have been
granted TPS under Liberia's designation will automatically retain TPS
and have their current EADs extended until the

[[Page 66061]]

termination date. See INA section 244(d)(3), 8 U.S.C. 1254a(d)(3). DHS
may, however, withdraw TPS from any beneficiary who fails to continue
meeting the requirements for TPS. See INA section 244(c)(3), 8 U.S.C.
1254a(c)(3). There are approximately 2,160 current Liberia TPS
beneficiaries. These persons are urged to use the time before
termination of their TPS to prepare for and arrange their departure
from the United States or, in the alternative, to apply for other
immigration benefits for which they are eligible.

Notice of Six-Month Extension of TPS Benefits for Orderly Transition
Before Termination of the TPS Designation of Liberia

By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, that Liberia no longer meets the
conditions for designation of TPS under INA section 244(b)(1). 8 U.S.C.
1254a(b)(1).
Accordingly, I order as follows:
(1) Pursuant to INA section 244(b)(3)(B), the designation of
Liberia for TPS is terminated effective at 12:01 a.m., local time, on
May 21, 2017, 6 months following the end of the current designation.
(2) DHS estimates that there are approximately 2,160 nationals of
Liberia (and aliens having no nationality who last habitually resided
in Liberia) who currently receive TPS benefits.
(3) To provide for an orderly transition, nationals of Liberia (and
aliens having no nationality who last habitually resided in Liberia)
who have been granted TPS under the Liberia designation will
automatically retain TPS until the May 21, 2017, termination date.
However, an individual's TPS may be withdrawn before this date under
INA section 244(c)(3) and 8 CFR 244.14 because of ineligibility for
TPS.
(4) TPS-based EADs that expire on November 21, 2016, are extended
automatically through May 20, 2017, for qualified nationals of Liberia
(and aliens having no nationality who last habitually resided in
Liberia).
(5) Information concerning the termination of TPS for nationals of
Liberia (and aliens having no nationality who last habitually resided
in Liberia) will be available at local USCIS offices upon publication
of this notice and through the USCIS National Customer Service Center
at 1-800-375-5283. This information will be published on the USCIS Web
site at www.USCIS.gov.

Jeh Charles Johnson,
Secretary.

If I currently have TPS under Liberia's designation, do I need to re-
register to keep my TPS until May 21, 2017, the termination date?

No. If you already have been granted TPS benefits through the
Liberia TPS program, you do not have to re-register to keep your TPS
benefits. You will automatically retain TPS until the termination date.
However, your TPS may still be withdrawn under INA section 244(c)(3)
and 8 CFR part 244 because of ineligibility for TPS. 8 U.S.C.
1254a(c)(3), 8 CFR 244.14. When termination becomes effective on May
21, 2017, you will no longer have TPS.

Why is the Secretary automatically extending the validity of EADs from
November 21, 2016, through May 20, 2017?

The Secretary has decided to extend automatically the validity of
EADs to provide for an orderly transition leading up to the effective
date for the termination of the Liberia TPS designation. Therefore, the
validity of the applicable EADs is extended for a period of 6 months,
through May 20, 2017. 8 U.S.C. 1254a(a)(2) and (d)(3).

Must qualified individuals apply for the automatic extension of their
TPS-related EADs through May 20, 2017?

No. Qualified individuals do not have to apply for this extension
of their TPS-related EADs through May 20, 2017.

What may I do if I believe that returning to Liberia is not possible or
preferable for me?

This Notice terminates the designation of Liberia for TPS.
Nationals of Liberia (and aliens having no nationality who last
habitually resided in Liberia) in the United States who believe
returning to Liberia is not possible or preferable for them may be
eligible to apply for another immigration status, such as lawful
permanent residence, asylum, or a nonimmigrant status. Eligibility for
these and other immigration benefits is determined individually on a
case-by-case basis. For information about eligibility and how to apply,
visit the USCIS Web site at www.uscis.gov or call the USCIS National
Customer Service Center at 1-800-375-5283.

How does the termination of TPS affect my immigration status and what
can I do?

After the termination of the TPS designation of Liberia becomes
effective May 21, 2017, former TPS beneficiaries will maintain the same
immigration status they held before TPS (unless the status has since
expired or been terminated) or any other status they may have acquired
while registered for TPS. Liberians who are included in the President's
grant of Deferred Enforced Departure for Liberians, if extended past
the current expiration date of September 30, 2016, will remain covered
by Deferred Enforced Departure. Accordingly, if a TPS beneficiary held
no lawful immigration status before being granted TPS and did not
obtain any other status during the TPS period, he or she may be subject
to removal upon the termination of the TPS designation. TPS-related
EADs will expire on May 20, 2017, and will not be renewed.
Termination of the TPS designation for Liberia does not necessarily
affect pending applications for other forms of immigration relief or
protection. However, former TPS beneficiaries will begin to accrue
unlawful presence as of May 21, 2017, if they have not been granted any
other immigration status or protection or if they have no pending
application to obtain benefits.

Employment Authorization Document (EAD)

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

To get case status information about your request for an EAD, you
can check Case Status Online at http://www.uscis.gov, or call the USCIS
National Customer Service Center at 800-375-5283 (TTY 800-767-1833). If
your Application for Employment Authorization (Form I-765) 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.

Am I eligible to receive an automatic 6-month extension of my current
EAD through May 20, 2017?

Provided that you currently have TPS under the designation of
Liberia, this Notice automatically extends your EAD by 6 months if you:

[[Page 66062]]

Are a national of Liberia (or an alien having no
nationality who last habitually resided in Liberia);
Received an EAD under the last designation of TPS for
Liberia; and
Have an EAD with a marked expiration date of November 21,
2016, bearing the notation ``A-12'' or ``C-19'' on the face of the card
under ``Category.''

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

You can find a list of acceptable document choices on the ``Lists
of Acceptable Documents'' for Form I-9. You can find additional
detailed information on the USCIS I-9 Central Web page at http://www.uscis.gov/I-9Central. Employers are required to verify the identity
and employment authorization of all new employees by using Employment
Eligibility Verification (Form I-9). Within 3 days of being hired, you
must present proof of identity and employment authorization to your
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). An EAD is an acceptable document
under ``List A.'' Or you may present an acceptable receipt for a List
A, List B, or List C document as described in the Form I-9
Instructions. An acceptable receipt includes a document that shows an
employee has applied to replace a required document that was lost,
stolen, or damaged. If you present an acceptable receipt for the
application of a replacement document, you must present your employer
with the actual document within 90 days. Employers may not reject a
document based on a future expiration date.
If your EAD has an expiration date of November 21, 2016, and states
``A-12'' or ``C-19'' under ``Category,'' it has been extended
automatically for 6 months by virtue of this Federal Register Notice
and you may choose to present your EAD to your employer as proof of
identity and employment authorization for Form I-9 through May 20, 2017
(see the subsection titled ``How do my employer and I complete the
Employment Eligibility Verification (Form I-9) using an automatically
extended EAD for a new job?'' for further information). To minimize
confusion over this extension at the time of hire, you should explain
to your employer that USCIS has automatically extended your EAD through
May 20, 2017. You may also show your employer a copy of this Federal
Register Notice confirming the automatic extension of employment
authorization through May 20, 2017. As an alternative to presenting
your automatically extended EAD, you may choose to present any other
acceptable document from List A, a combination of one selection from
List B and one selection from List C, or a valid receipt.

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

Even though EADs with an expiration date of November 21, 2016, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended for 6 months by this Federal Register Notice, your employer
will need to ask you about your continued employment authorization once
November 21, 2016, is reached to meet its responsibilities for
Employment Eligibility Verification (Form I-9). Your employer may need
to re-inspect your automatically extended EAD to check the expiration
date and code to record the updated expiration date on your Employment
Eligibility Verification (Form I-9) if he or she did not keep a copy of
this EAD at the time you initially presented it. You and your employer
must make corrections to the employment authorization expiration dates
in Section 1 and Section 2 of Employment Eligibility Verification (Form
I-9) (see the subsection titled ``What corrections should my current
employer and I make to Employment Eligibility Verification (Form I-9)
if my EAD has been automatically extended?'' for further information).
You are also strongly encouraged, although not required, to show this
Federal Register Notice to your employer to explain what to do for
Employment Eligibility Verification (Form I-9).
By May 20, 2017, the expiration date of the automatic extension,
your employer must reverify your employment authorization. If you are
employment authorized beyond the expiration date of the automatic
extension, you must present any unexpired document from List A or any
unexpired document from List C on Employment Eligibility Verification
(Form I-9) to reverify employment authorization, or an acceptable List
A or List C receipt described in the Employment Eligibility
Verification (Form I-9) instructions. Your employer is required to
reverify on Employment Eligibility Verification (Form I-9) the
employment authorization of current employees no later than the
automatically extended expiration date of a TPS-related EAD, which is
May 20, 2017, in this case. Your employer should use either Section 3
of the Employment Eligibility Verification (Form I-9) originally
completed for you or, if this section has already been completed or if
the version of Employment Eligibility Verification (Form I-9) is no
longer valid (check the date in the upper right-hand corner of the
form), complete Section 3 of a new Employment Eligibility Verification
(Form I-9) using the most current version. Note that your employer may
not specify which List A or List C document employees must present, and
cannot reject an acceptable receipt. An acceptable receipt is described
in the Employment Eligibility Verification (Form I-9) Instructions and
includes one that shows an employee has applied to replace a required
document that was lost, stolen or damaged.

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

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

What happens after May 20, 2017, for purposes of employment
authorization?

After May 20, 2017, employers may no longer accept the EADs that
this Federal Register Notice automatically extended.

[[Page 66063]]

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

When using an automatically extended EAD to complete Employment
Eligibility Verification (Form I-9) for a new job before May 20, 2017,
you and your employer should do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work;''
b. Write the automatically extended EAD expiration date (May 20,
2017) in the first space; and
c. Write your alien number (USCIS number or A-number) in the second
space (your EAD or other document from DHS will have your USCIS number
or A-number printed on it; the USCIS number is the same as your A-
number without the A prefix).
2. For Section 2, employers should record the:
a. Document title;
b. Issuing authority;
c. Document number; and
d. Automatically extended EAD expiration date (May 20, 2017).
No later than May 20, 2017, employers must reverify your employment
authorization in Section 3 of Form I-9.

What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?

If you are an existing employee who presented a TPS-related EAD
that was valid when you first started your job, but that EAD has now
been automatically extended, your employer may need to reinspect your
automatically extended EAD if your employer does not have a photocopy
of the EAD on file, and you and your employer should correct your
previously completed Form I-9 as follows:
1. For Section 1, you should:
a. Draw a line through the expiration date in the first space;
b. Write ``May 20, 2017,'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 1; and
d. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Draw a line through the expiration date written in Section 2;
b. Write ``May 20, 2017'' above the previous date;
c. Write ``EAD Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
No later than May 20, 2017, when the automatic extension of EADs
expires, employers must reverify your employment authorization in
Section 3.

As an employer, what are my Employment Eligibility Verification (Form
I-9) obligations after May 20, 2017?

Employers are required to reverify an employee's employment
authorization in Section 3 of Employment Eligibility Verification (Form
I-9) by the expiration date of an automatically extended EAD. Your
employee must present unexpired documentation from either List A or
List C (or an acceptable Form I-9 receipt) showing he or she is still
authorized to work. Employers may not ask for specific documents;
employees choose which List A or List C documents to present from the
Lists of Acceptable Documents.

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

If you have an employee who is a TPS beneficiary who provided a
TPS-related EAD when he or she first started working for you, you will
receive a ``Work Authorization Documents Expiring'' case alert when the
auto-extension period for this EAD is about to expire. E-Verify will
not send an alert for the original November 21, 2016 expiration date.
By May 20, 2017, employment authorization must be reverified in Section
3. Employers should not use E-Verify for reverification.

Note to All Employers

Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register 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 [email protected]. Calls
and emails are accepted in English and many other languages. For
questions about avoiding discrimination during the employment
eligibility verification process, employers may also call the U.S.
Department of Justice, 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 [email protected].

Note to Employees

For general questions about the employment eligibility verification
process, you may call USCIS at 888-897-7781 (TTY 877-875-6028) or email
[email protected]. Calls are accepted in English and many other
languages. You may also call the 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, including 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 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 you based on your
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 your 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). If you believe you were discriminated against
by an employer in the E-Verify process based on citizenship,
immigration status, or national origin, you may contact OSC's Worker
Information Hotline at 800-255-7688 (TTY 800-237-2515). Additional

[[Page 66064]]

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 Government, 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 unexpired EAD;
(2) A copy of this Federal Register Notice if your EAD is
automatically extended under this Notice;
(3) A copy of your Application for Temporary Protected Status
Notice of Action (Form I-797);
(4) A copy of your past or current Application for Temporary
Protected Status Approval Notice (Form I-797), if you received one from
USCIS; and/or
(5) If there is an automatic extension of work authorization, a
copy of the fact sheet from the USCIS TPS Web site that provides
information on the automatic extension.
Check with the government agency regarding which document(s) the
agency will accept. You may also provide the agency with a copy of this
Federal Register Notice.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (SAVE) to confirm the current
immigration status of applicants for public benefits. In most cases,
SAVE provides an automated electronic response to benefit granting
agencies within seconds but occasionally verification can be delayed.
You can check the status of your SAVE verification by using CaseCheck
at the following link: https://save.uscis.gov/casecheck/, then by
clicking the ``Check Your Case'' button. CaseCheck is a free service
that lets you follow the progress of your SAVE verification using your
date of birth and one immigration identifier number. 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 ``For Benefit Applicants'' from the menu on the left and
selecting ``Questions about your Records?''.

[FR Doc. 2016-23250 Filed 9-22-16; 4:15 pm]
BILLING CODE 9111-97-P

66060 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Notices

measures that were causing significant 1254a(b)(3)(B). The Secretary may In Liberia, the government and
disruptions to Liberia’s economy and determine the appropriate effective date citizens partnered in a successful effort
individuals’ ability to access food and of the termination and the expiration of to control the epidemic and rapidly
earn a livelihood. See Designation of any TPS-related documentation, such as respond to any new cases. Commerce
Liberia for Temporary Protected Status, EADs, for the purpose of providing an and imports have begun to rebound, and
79 FR 69502 (Nov. 21, 2014). The orderly transition. See id.; INA section basic services have returned to pre-EVD
Secretary last announced a 6-month 244(d)(3), 8 U.S.C. 1254a(d)(3). outbreak levels. The U.S. Department of
extension of TPS for Liberia on March Health and Human Services, Centers for
22, 2016, based on his determination Why is the Secretary terminating the Disease Control and Prevention has no
that although there were significant designation of Liberia for TPS as of Ebola-related Travel Health Notice in
improvements, conditions supporting May 21, 2017, after a 6-month extension place for Liberia as of the date of this
the designation persisted. See Extension of TPS benefits for the purpose of Notice.
of the Designation of Liberia for orderly transition? While health systems and facilities
Temporary Protected Status, 81 FR DHS and the Department of State remain fragile, medical centers are no
15328 (Mar. 22, 2016). (DOS) have reviewed conditions in longer overwhelmed by patients with
Liberia. Based on the reviews and after EVD. High rates of child mortality both
What authority does the Secretary have before and since the EVD epidemic are
to terminate the designation of Liberia consulting with DOS, the Secretary has
determined that the termination of the indicative of the overall fragility of the
for TPS? health system. Although this is
TPS designation of Liberia, after a 6-
Section 244(b)(1) of the INA, 8 U.S.C. month extension of TPS benefits for comparable to other countries in the
1254a(b)(1), authorizes the Secretary, orderly transition, is required because region, systems in Liberia must also be
after consultation with appropriate the extraordinary and temporary able to address ongoing issues of trust
Government agencies, to designate a conditions that prompted Liberia’s between healthcare facilities and
foreign state (or part thereof) for TPS if designation for TPS have substantially communities, as well as continue to care
the Secretary determines that certain resolved and no longer prevent for Ebola survivors who have a series of
country conditions exist.1 The Secretary nationals of Liberia from returning in ongoing and previously unforeseen
may then grant TPS to eligible nationals safety. health conditions, both of which will
of that foreign state (or eligible aliens continue to exacerbate and underscore
Guinea, Liberia, and Sierra Leone
having no nationality who last the fragility of these systems. Normal
habitually resided in the designated were designated for TPS in the midst of
business activity and national life have
country). See INA section 244(a)(1)(A), the largest EVD outbreak in history.
largely resumed, although work is
8 U.S.C. 1254a(a)(1)(A). From March 2014 through November
ongoing to rebuild Liberia’s economy
At least 60 days before the expiration 2015, these three countries suffered over
and health care system. On March 29,
of a country’s TPS designation or 11,000 deaths among their more than
2016, the WHO Director-General
extension, the Secretary, after 28,500 cases of EVD. At the height of the
declared the end of the Public Health
consultation with appropriate outbreak in late 2014, Ebola was
Emergency of International Concern
Government agencies, must review the spreading rapidly, with hundreds of
regarding the EVD outbreak in West
conditions in a foreign state designated new cases being reported each week, the
Africa. In conjunction with ending the
for TPS to determine whether the health care systems overwhelmed, and public health emergency, the WHO
conditions for the TPS designation containment measures causing emphasized that there should be no
continue to be met. See INA section significant disruptions to individuals’ restrictions on travel and trade with
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If ability to access food and earn a Guinea, Liberia, and Sierra Leone.
the Secretary determines that a foreign livelihood. While the impacts of the Based upon this review and after
state continues to meet the conditions epidemic pose a lasting challenge to consultation with appropriate
for TPS designation, the designation Liberia’s economy and the capacity of Government agencies, the Secretary has
may be extended for an additional its health system to provide treatment determined that Liberia no longer
period of 6, 12, or 18 months. See INA for preventable or treatable conditions, continues to meet the statutorily
section 244(b)(3)(C), 8 U.S.C. at this time, the EVD epidemic has required conditions for a TPS
1254a(b)(3)(C). If the Secretary subsided, and conditions have designation on the basis of
determines that the foreign state no improved since the Secretary initially extraordinary and temporary conditions,
longer meets the conditions for TPS designated Liberia for TPS. because the extraordinary and
designation, the Secretary must A robust response by the international temporary conditions that prompted
terminate the designation, but such community and the governments of Liberia’s TPS designation have
termination may not take effect earlier Guinea, Liberia, and Sierra Leone has substantially resolved and no longer
than 60 days after the date the Federal brought the EVD epidemic in West prevent nationals of Liberia from
Register notice of termination is Africa under control and begun the returning to Liberia in safety. Therefore,
published, or if later, the expiration of long-term work of rebuilding regional after a 6-month extension of TPS
the most recent previous extension of economies and health systems. As of benefits for orderly transition, the
the country designation. See INA June 2016, Guinea, Liberia, and Sierra Secretary is terminating the TPS
section 244(b)(3)(B), 8 U.S.C. Leone are all free of EVD. A country is designation of Liberia effective at 12:01
considered free of EVD transmission a.m., local time, on May 21, 2017, 6
1 As of March 1, 2003, in accordance with section
after 42 days have passed since the last months following the end of the current
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1517 of title XV of the Homeland Security Act of known person in the country with Ebola
2002, Public Law 107–296, 116 Stat. 2135, any
designation. See INA section
reference to the Attorney General in a provision of receives a second consecutive negative 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
the INA describing functions transferred from the blood test for the virus. While the risk To provide for an orderly transition,
Department of Justice to the Department of of flare-ups of EVD remains, efforts are individuals who have been granted TPS
Homeland Security (DHS) ‘‘shall be deemed to refer
to the Secretary’’ of Homeland Security. See 6
underway to promote, over time, robust under Liberia’s designation will
U.S.C. 557 (codifying the Homeland Security Act of prevention, surveillance, and response automatically retain TPS and have their
2002, tit. XV, section 1517). capacity across all three countries. current EADs extended until the

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Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Notices 66061

termination date. See INA section information will be published on the How does the termination of TPS affect
244(d)(3), 8 U.S.C. 1254a(d)(3). DHS USCIS Web site at www.USCIS.gov. my immigration status and what can I
may, however, withdraw TPS from any do?
Jeh Charles Johnson,
beneficiary who fails to continue
Secretary. After the termination of the TPS
meeting the requirements for TPS. See
designation of Liberia becomes effective
INA section 244(c)(3), 8 U.S.C. If I currently have TPS under Liberia’s May 21, 2017, former TPS beneficiaries
1254a(c)(3). There are approximately designation, do I need to re-register to will maintain the same immigration
2,160 current Liberia TPS beneficiaries. keep my TPS until May 21, 2017, the status they held before TPS (unless the
These persons are urged to use the time termination date? status has since expired or been
before termination of their TPS to terminated) or any other status they may
prepare for and arrange their departure No. If you already have been granted have acquired while registered for TPS.
from the United States or, in the TPS benefits through the Liberia TPS Liberians who are included in the
alternative, to apply for other program, you do not have to re-register President’s grant of Deferred Enforced
immigration benefits for which they are to keep your TPS benefits. You will Departure for Liberians, if extended past
eligible. automatically retain TPS until the the current expiration date of September
Notice of Six-Month Extension of TPS termination date. However, your TPS 30, 2016, will remain covered by
Benefits for Orderly Transition Before may still be withdrawn under INA Deferred Enforced Departure.
Termination of the TPS Designation of section 244(c)(3) and 8 CFR part 244 Accordingly, if a TPS beneficiary held
Liberia because of ineligibility for TPS. 8 U.S.C. no lawful immigration status before
1254a(c)(3), 8 CFR 244.14. When being granted TPS and did not obtain
By the authority vested in me as termination becomes effective on May any other status during the TPS period,
Secretary under INA section 244, 8 21, 2017, you will no longer have TPS. he or she may be subject to removal
U.S.C. 1254a, I have determined, after upon the termination of the TPS
consultation with the appropriate Why is the Secretary automatically designation. TPS-related EADs will
Government agencies, that Liberia no extending the validity of EADs from expire on May 20, 2017, and will not be
longer meets the conditions for November 21, 2016, through May 20, renewed.
designation of TPS under INA section 2017? Termination of the TPS designation
244(b)(1). 8 U.S.C. 1254a(b)(1). The Secretary has decided to extend for Liberia does not necessarily affect
Accordingly, I order as follows: automatically the validity of EADs to pending applications for other forms of
immigration relief or protection.
(1) Pursuant to INA section provide for an orderly transition leading
However, former TPS beneficiaries will
244(b)(3)(B), the designation of Liberia up to the effective date for the
begin to accrue unlawful presence as of
for TPS is terminated effective at 12:01 termination of the Liberia TPS May 21, 2017, if they have not been
a.m., local time, on May 21, 2017, 6 designation. Therefore, the validity of granted any other immigration status or
months following the end of the current the applicable EADs is extended for a protection or if they have no pending
designation. period of 6 months, through May 20, application to obtain benefits.
(2) DHS estimates that there are 2017. 8 U.S.C. 1254a(a)(2) and (d)(3).
Employment Authorization Document
approximately 2,160 nationals of Liberia Must qualified individuals apply for the (EAD)
(and aliens having no nationality who automatic extension of their TPS-
last habitually resided in Liberia) who related EADs through May 20, 2017? How can I obtain information on the
currently receive TPS benefits. status of my EAD request?
(3) To provide for an orderly No. Qualified individuals do not have To get case status information about
transition, nationals of Liberia (and to apply for this extension of their TPS- your request for an EAD, you can check
aliens having no nationality who last related EADs through May 20, 2017. Case Status Online at http://
habitually resided in Liberia) who have What may I do if I believe that www.uscis.gov, or call the USCIS
been granted TPS under the Liberia returning to Liberia is not possible or National Customer Service Center at
designation will automatically retain preferable for me? 800–375–5283 (TTY 800–767–1833). If
TPS until the May 21, 2017, termination your Application for Employment
date. However, an individual’s TPS may This Notice terminates the Authorization (Form I–765) has been
be withdrawn before this date under designation of Liberia for TPS. Nationals pending for more than 90 days, and you
INA section 244(c)(3) and 8 CFR 244.14 of Liberia (and aliens having no still need assistance, you may request an
because of ineligibility for TPS. nationality who last habitually resided EAD inquiry appointment with USCIS
in Liberia) in the United States who by using the InfoPass system at https://
(4) TPS-based EADs that expire on infopass.uscis.gov. However, we
November 21, 2016, are extended believe returning to Liberia is not
possible or preferable for them may be strongly encourage you first to check
automatically through May 20, 2017, for Case Status Online or call the USCIS
qualified nationals of Liberia (and aliens eligible to apply for another
immigration status, such as lawful National Customer Service Center for
having no nationality who last assistance before making an InfoPass
habitually resided in Liberia). permanent residence, asylum, or a
appointment.
nonimmigrant status. Eligibility for
(5) Information concerning the
mstockstill on DSK3G9T082PROD with NOTICES

termination of TPS for nationals of these and other immigration benefits is Am I eligible to receive an automatic 6-
Liberia (and aliens having no nationality determined individually on a case-by- month extension of my current EAD
case basis. For information about through May 20, 2017?
who last habitually resided in Liberia)
will be available at local USCIS offices eligibility and how to apply, visit the Provided that you currently have TPS
upon publication of this notice and USCIS Web site at www.uscis.gov or call under the designation of Liberia, this
through the USCIS National Customer the USCIS National Customer Service Notice automatically extends your EAD
Service Center at 1–800–375–5283. This Center at 1–800–375–5283. by 6 months if you:

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66062 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Notices

• Are a national of Liberia (or an alien extended your EAD through May 20, automatically extended expiration date
having no nationality who last 2017. You may also show your of a TPS-related EAD, which is May 20,
habitually resided in Liberia); employer a copy of this Federal Register 2017, in this case. Your employer
• Received an EAD under the last Notice confirming the automatic should use either Section 3 of the
designation of TPS for Liberia; and extension of employment authorization Employment Eligibility Verification
• Have an EAD with a marked through May 20, 2017. As an alternative (Form I–9) originally completed for you
expiration date of November 21, 2016, to presenting your automatically or, if this section has already been
bearing the notation ‘‘A–12’’ or ‘‘C–19’’ extended EAD, you may choose to completed or if the version of
on the face of the card under present any other acceptable document Employment Eligibility Verification
‘‘Category.’’ from List A, a combination of one
(Form I–9) is no longer valid (check the
When hired, what documentation may I selection from List B and one selection
date in the upper right-hand corner of
show to my employer as proof of from List C, or a valid receipt.
the form), complete Section 3 of a new
employment authorization and identity What documentation may I show my Employment Eligibility Verification
when completing Employment employer if I am already employed but (Form I–9) using the most current
Eligibility Verification (Form I–9)? my current TPS-related EAD is set to version. Note that your employer may
You can find a list of acceptable expire? not specify which List A or List C
document choices on the ‘‘Lists of Even though EADs with an expiration document employees must present, and
Acceptable Documents’’ for Form I–9. date of November 21, 2016, that state cannot reject an acceptable receipt. An
You can find additional detailed ‘‘A–12’’ or ‘‘C–19’’ under ‘‘Category’’ acceptable receipt is described in the
information on the USCIS I–9 Central have been automatically extended for 6 Employment Eligibility Verification
Web page at http://www.uscis.gov/I- months by this Federal Register Notice, (Form I–9) Instructions and includes
9Central. Employers are required to your employer will need to ask you one that shows an employee has applied
verify the identity and employment about your continued employment to replace a required document that was
authorization of all new employees by authorization once November 21, 2016, lost, stolen or damaged.
using Employment Eligibility is reached to meet its responsibilities for
Verification (Form I–9). Within 3 days Employment Eligibility Verification Can my employer require that I produce
of being hired, you must present proof (Form I–9). Your employer may need to any other documentation to prove my
of identity and employment re-inspect your automatically extended current TPS status, such as proof of my
authorization to your employer. EAD to check the expiration date and Liberian citizenship?
You may present any document from code to record the updated expiration
List A (reflecting both your identity and date on your Employment Eligibility No. When completing Employment
employment authorization) or one Verification (Form I–9) if he or she did Eligibility Verification (Form I–9),
document from List B (reflecting not keep a copy of this EAD at the time including reverifying employment
identity) together with one document you initially presented it. You and your authorization, employers must accept
from List C (reflecting employment employer must make corrections to the any documentation that appears on the
authorization). An EAD is an acceptable employment authorization expiration ‘‘Lists of Acceptable Documents’’ for
document under ‘‘List A.’’ Or you may dates in Section 1 and Section 2 of Employment Eligibility Verification
present an acceptable receipt for a List Employment Eligibility Verification (Form I–9) that reasonably appears to be
A, List B, or List C document as (Form I–9) (see the subsection titled genuine and that relates to you or an
described in the Form I–9 Instructions. ‘‘What corrections should my current acceptable List A, List B, or List C
An acceptable receipt includes a employer and I make to Employment receipt. Employers may not request
document that shows an employee has Eligibility Verification (Form I–9) if my documentation that does not appear on
applied to replace a required document EAD has been automatically extended?’’
that was lost, stolen, or damaged. If you the ‘‘Lists of Acceptable Documents.’’
for further information). You are also
present an acceptable receipt for the Therefore, employers may not request
strongly encouraged, although not
application of a replacement document, proof of Liberian citizenship or proof of
required, to show this Federal Register
you must present your employer with Notice to your employer to explain what re-registration for TPS when completing
the actual document within 90 days. to do for Employment Eligibility Employment Eligibility Verification
Employers may not reject a document Verification (Form I–9). (Form I–9) for new hires or reverifying
based on a future expiration date. By May 20, 2017, the expiration date the employment authorization of
If your EAD has an expiration date of of the automatic extension, your current employees. Refer to the Note to
November 21, 2016, and states ‘‘A–12’’ employer must reverify your Employees section of this Notice for
or ‘‘C–19’’ under ‘‘Category,’’ it has been employment authorization. If you are important information about your rights
extended automatically for 6 months by employment authorized beyond the if your employer rejects lawful
virtue of this Federal Register Notice expiration date of the automatic documentation, requires additional
and you may choose to present your extension, you must present any documentation, or otherwise
EAD to your employer as proof of unexpired document from List A or any discriminates against you based on your
identity and employment authorization unexpired document from List C on citizenship or immigration status, or
for Form I–9 through May 20, 2017 (see Employment Eligibility Verification your national origin.
the subsection titled ‘‘How do my (Form I–9) to reverify employment
employer and I complete the authorization, or an acceptable List A or What happens after May 20, 2017, for
mstockstill on DSK3G9T082PROD with NOTICES

Employment Eligibility Verification List C receipt described in the purposes of employment authorization?
(Form I–9) using an automatically Employment Eligibility Verification
extended EAD for a new job?’’ for (Form I–9) instructions. Your employer After May 20, 2017, employers may
further information). To minimize is required to reverify on Employment no longer accept the EADs that this
confusion over this extension at the Eligibility Verification (Form I–9) the Federal Register Notice automatically
time of hire, you should explain to your employment authorization of current extended.
employer that USCIS has automatically employees no later than the

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Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Notices 66063

How do my employer and I complete No later than May 20, 2017, when the (TTY 800–237–2515), which offers
Employment Eligibility Verification automatic extension of EADs expires, language interpretation in numerous
(Form I–9) using an automatically employers must reverify your languages, or email OSC at osccrt@
extended EAD for a new job? employment authorization in Section 3. usdoj.gov.
When using an automatically As an employer, what are my Note to Employees
extended EAD to complete Employment Employment Eligibility Verification For general questions about the
Eligibility Verification (Form I–9) for a (Form I–9) obligations after May 20, employment eligibility verification
new job before May 20, 2017, you and 2017? process, you may call USCIS at 888–
your employer should do the following: Employers are required to reverify an 897–7781 (TTY 877–875–6028) or email
1. For Section 1, you should: employee’s employment authorization I-9Central@dhs.gov. Calls are accepted
a. Check ‘‘An alien authorized to in Section 3 of Employment Eligibility in English and many other languages.
work;’’ Verification (Form I–9) by the expiration You may also call the OSC Worker
b. Write the automatically extended date of an automatically extended EAD. Information Hotline at 800–255–7688
EAD expiration date (May 20, 2017) in Your employee must present unexpired (TTY 800–237–2515) for information
the first space; and documentation from either List A or List regarding employment discrimination
c. Write your alien number (USCIS C (or an acceptable Form I–9 receipt) based upon citizenship status,
number or A-number) in the second showing he or she is still authorized to immigration status, or national origin,
space (your EAD or other document work. Employers may not ask for including discrimination related to
from DHS will have your USCIS number specific documents; employees choose Employment Eligibility Verification
or A-number printed on it; the USCIS which List A or List C documents to (Form I–9) and E-Verify. The OSC
number is the same as your A-number present from the Lists of Acceptable Worker Information Hotline provides
without the A prefix). Documents. language interpretation in numerous
2. For Section 2, employers should languages.
record the: If I am an employer enrolled in E-Verify, To comply with the law, employers
a. Document title; what do I do when I receive a ‘‘Work must accept any document or
b. Issuing authority; Authorization Documents Expiration’’ combination of documents from the
c. Document number; and alert for an automatically extended Lists of Acceptable Documents if the
d. Automatically extended EAD EAD? documentation reasonably appears to be
expiration date (May 20, 2017). If you have an employee who is a TPS genuine and to relate to the employee,
No later than May 20, 2017, beneficiary who provided a TPS-related or an acceptable receipt described in the
employers must reverify your EAD when he or she first started Employment Eligibility Verification
employment authorization in Section 3 working for you, you will receive a (Form I–9) Instructions. Employers may
of Form I–9. ‘‘Work Authorization Documents not require extra or additional
What corrections should my current Expiring’’ case alert when the auto- documentation beyond what is required
employer and I make to Employment extension period for this EAD is about for Employment Eligibility Verification
Eligibility Verification (Form I–9) if my to expire. E-Verify will not send an alert (Form I–9) completion. Further,
EAD has been automatically extended? for the original November 21, 2016 employers participating in E-Verify who
expiration date. By May 20, 2017, receive an E-Verify case result of
If you are an existing employee who employment authorization must be ‘‘Tentative Nonconfirmation’’ (TNC)
presented a TPS-related EAD that was reverified in Section 3. Employers must promptly inform employees of the
valid when you first started your job, should not use E-Verify for TNC and give such employees an
but that EAD has now been reverification. opportunity to contest the TNC. A TNC
automatically extended, your employer case result means that the information
may need to reinspect your Note to All Employers entered into E-Verify from Employment
automatically extended EAD if your Employers are reminded that the laws Eligibility Verification (Form I–9) differs
employer does not have a photocopy of requiring proper employment eligibility from Federal or State government
the EAD on file, and you and your verification and prohibiting unfair records.
employer should correct your immigration-related employment Employers may not terminate,
previously completed Form I–9 as practices remain in full force. This suspend, delay training, withhold pay,
follows: Federal Register Notice does not lower pay, or take any adverse action
1. For Section 1, you should: supersede or in any way limit against you based on your decision to
a. Draw a line through the expiration applicable employment verification contest a TNC or because the case is still
date in the first space; rules and policy guidance, including pending with E-Verify. A Final
b. Write ‘‘May 20, 2017,’’ above the those rules setting forth reverification Nonconfirmation (FNC) case result is
previous date; requirements. For general questions received when E-Verify cannot verify
c. Write ‘‘TPS Ext.’’ in the margin of about the employment eligibility your employment eligibility. An
Section 1; and verification process, employers may call employer may terminate employment
d. Initial and date the correction in USCIS at 888–464–4218 (TTY 877–875– based on a case result of FNC. Work-
the margin of Section 1. 6028) or email I-9Central@dhs.gov. Calls authorized employees who receive an
2. For Section 2, employers should: and emails are accepted in English and FNC may call USCIS for assistance at
a. Draw a line through the expiration many other languages. For questions 888–897–7781 (TTY 877–875–6028). If
mstockstill on DSK3G9T082PROD with NOTICES

date written in Section 2; about avoiding discrimination during you believe you were discriminated
b. Write ‘‘May 20, 2017’’ above the the employment eligibility verification against by an employer in the E-Verify
previous date; process, employers may also call the process based on citizenship,
c. Write ‘‘EAD Ext.’’ in the margin of U.S. Department of Justice, Office of immigration status, or national origin,
Section 2; and Special Counsel for Immigration-Related you may contact OSC’s Worker
d. Initial and date the correction in Unfair Employment Practices (OSC) Information Hotline at 800–255–7688
the margin of Section 2. Employer Hotline, at 800–255–8155 (TTY 800–237–2515). Additional

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Document Created: 2018-02-09 13:23:01
Document Modified: 2018-02-09 13:23:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		The designation of Liberia for TPS is terminated effective at 12:01 a.m., local time, on May 21, 2017.
Contact		<bullet> For further information on TPS, please visit the U.S. Citizenship and Immigration Services (USCIS) TPS Web page at http:// www.uscis.gov/tps. You can find specific information about the termination of Liberia's TPS designation by selecting ``Liberia'' from the menu on the left side of the TPS Web page.
FR Citation		81 FR 66059
RIN Number		1615-ZB56

81 FR 66059 - Six-Month Extension of Temporary Protected Status Benefits for Orderly Transition Before Termination of Liberia's Designation for Temporary Protected Status

DEPARTMENT OF HOMELAND SECURITYU.S. Citizenship and Immigration Services

Federal Register Volume 81, Issue 186 (September 26, 2016)

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