81_FR_74677 81 FR 74470 - Extension of the Designation of Nepal for Temporary Protected Status

81 FR 74470 - Extension of the Designation of Nepal for Temporary Protected Status

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

Federal Register Volume 81, Issue 207 (October 26, 2016)

Page Range74470-74475
FR Document2016-25907

Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Nepal for Temporary Protected Status (TPS) for a period of 18 months, effective December 25, 2016, through June 24, 2018. This extension allows eligible Nepalese nationals (and aliens having no nationality who last habitually resided in Nepal) to retain TPS through June 24, 2018, so long as they otherwise continue to meet the eligibility requirements for TPS. The Secretary has determined that an extension is warranted because conditions in Nepal supporting its designation for TPS continue to be met. Through this Notice, DHS also sets forth procedures necessary for nationals of Nepal (or aliens having no nationality who last habitually resided in Nepal) to re-register for TPS and to apply for renewal of their Employment Authorization Documents (EAD) with U.S. Citizenship and Immigration Services (USCIS). Re-registration is limited to persons who have previously registered for TPS under the designation of Nepal and whose applications have been granted. Certain nationals of Nepal (or aliens having no nationality who last habitually resided in Nepal) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions, if they meet: (1) At least one of the late initial filing criteria; and, (2) all TPS eligibility criteria (including continuous residence in the United States since June 24, 2015, and continuous physical presence in the United States since June 24, 2015). For individuals who have already been granted TPS under Nepal's designation, the 60-day re-registration period runs from October 26, 2016 through December 27, 2016. USCIS will issue new EADs with a June 24, 2018 expiration date to eligible Nepal TPS beneficiaries who timely re-register and apply for EADs under this extension. Given the timeframes involved with processing TPS re-registration applications, DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on December 24, 2016. Accordingly, through this Notice, DHS automatically extends the validity of EADs issued under the TPS designation of Nepal for 6 months, through June 24, 2017, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and their impact on the Employment Eligibility Verification (Form I-9) and E-Verify processes.

Federal Register, Volume 81 Issue 207 (Wednesday, October 26, 2016)
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74470-74475]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25907]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2590-16; DHS Docket No. USCIS-2015-0003]
RIN 1615-ZB60


Extension of the 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) is 
extending the designation of Nepal for Temporary Protected Status (TPS) 
for a period of 18 months, effective December 25, 2016, through June 
24, 2018.
    This extension allows eligible Nepalese nationals (and aliens 
having no nationality who last habitually resided in Nepal) to retain 
TPS through June 24, 2018, so long as they otherwise continue to meet 
the eligibility requirements for TPS. The Secretary has determined that 
an extension is warranted because conditions in Nepal supporting its 
designation for TPS continue to be met.
    Through this Notice, DHS also sets forth procedures necessary for 
nationals of Nepal (or aliens having no nationality who last habitually 
resided in Nepal) to re-register for TPS and to apply for renewal of 
their Employment Authorization Documents (EAD) with U.S. Citizenship 
and Immigration Services (USCIS). Re-registration is limited to persons 
who have previously registered for TPS under the designation of Nepal 
and whose applications have been granted. Certain nationals of Nepal 
(or aliens having no nationality who last habitually resided in Nepal) 
who have not previously applied for TPS may be eligible to apply under 
the late initial registration provisions, if they meet: (1) At least 
one of the late initial filing criteria; and, (2) all TPS eligibility 
criteria (including continuous residence in the United States since 
June 24, 2015, and continuous physical presence in the United States 
since June 24, 2015).
    For individuals who have already been granted TPS under Nepal's 
designation, the 60-day re-registration period runs from October 26, 
2016 through December 27, 2016. USCIS will issue new EADs with a June 
24, 2018 expiration date to eligible Nepal TPS beneficiaries who timely 
re-register and apply for EADs under this extension. Given the 
timeframes involved with processing TPS re-registration applications, 
DHS recognizes that not all re-registrants will receive new EADs before 
their current EADs expire on December 24, 2016. Accordingly, through 
this Notice, DHS automatically extends the validity of EADs issued 
under the TPS designation of Nepal for 6 months, through June 24, 2017, 
and explains how TPS beneficiaries and their employers may determine 
which EADs are automatically extended and their impact on the 
Employment Eligibility Verification (Form I-9) and E-Verify processes.

DATES: The 18-month extension of the TPS designation of Nepal is 
effective December 25, 2016, and will remain in effect through June 24, 
2018. The 60-day re-registration period runs from October 26, 2016 
through December 27, 2016. (Note: It is important for re-registrants to 
timely re-register during this 60-day period and not to wait until 
their EADs expire.)

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 the extension of Nepal's 
designation for TPS by selecting ``Nepal'' from the menu on the left 
side of the TPS Web page.
     You can also contact Guillermo Roman-Riefkohl, TPS Program 
Manager at 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). Service is available 
in English and Spanish.
     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--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 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

[[Page 74471]]

removed, and are authorized to work and 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.
     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.

When and why was Nepal designated for TPS?

    On June 24, 2015, the Secretary designated Nepal for TPS on 
environmental disaster grounds for a period of 18 months due to the 
conditions caused by a severe earthquake that occurred on April 25, 
2015. See Designation of Nepal for Temporary Protected Status, 80 FR 
36346 (Jun. 24, 2015).

What authority does the Secretary have to extend the designation of 
Nepal for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary, 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 based on 
one of three circumstances. One circumstance 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 
under this subparagraph . . .'' 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 extending the TPS designation for Nepal through 
June 24, 2018?

    The magnitude 7.8 earthquake that struck Nepal on April 25, 2015 
affected more than 8 million people--roughly 25 to 33 percent of 
Nepal's population--in 39 of Nepal's 75 districts. Approximately 9,000 
people died and 22,000 were injured. More than 755,000 homes were 
significantly damaged or destroyed. Although the Government of Nepal's 
central ministries and agencies are back to functioning at pre-
earthquake levels, reconstruction efforts have proceeded slowly. From 
late September 2015 until February 2016, earthquake relief and recovery 
efforts were impeded by civil unrest and the related obstruction of key 
crossings at the Nepal-India border. The border blockages created 
difficulties in the delivery of humanitarian relief and reconstruction 
supplies to earthquake-affected areas.
    Life in the 14 districts most affected by the earthquake continues 
to be disrupted, as most damaged or destroyed homes, schools, health 
facilities, and other buildings have not yet been repaired or rebuilt. 
According to the International Organization for Migration, as of August 
2, 2016, 18,200 earthquake-affected people remain displaced in camps, 
representing 15 percent of those who were displaced in the immediate 
aftermath of the earthquake. The Global Report on Internal Displacement 
2016 found that Nepal had the third highest level of new displacement 
related to natural disasters worldwide. The Government of Nepal has 
committed to using some of the $4.1 billion pledged by international 
donors to subsidize the rebuilding of 770,000 homes. However, 
distribution of grants for rebuilding only began in April 2016, 1 year 
after the earthquake. Because construction is difficult in monsoon 
season and winter, large-scale reconstruction is unlikely to begin 
before 2017. In May 2016, Nepal's Prime Minister estimated that it 
would take 2 years to complete the reconstruction of private homes.
    Sanitation was a challenge even before the earthquake in Nepal, and 
the earthquake significantly set back progress that had been made, 
destroying 75 percent of latrines in some affected villages. The 
earthquake's impact on safe sanitation continues to be felt, especially 
in urban areas like the Kathmandu valley, where there are land 
constraints and higher population densities.
    Hospitals, roads, and schools all suffered significant damage in 
the earthquake and are slated to be rebuilt over the next 5 years, 
according to the $8.3 billion reconstruction plan from Nepal's 
Reconstruction Authority. One year after the earthquake, 35,000 
classrooms were estimated to have been destroyed or severely damaged. 
The U.N. Development Program is still working to clear debris from 
damaged sites so that education services can be restored. In May 2016, 
the Prime Minister of Nepal estimated that the reconstruction of 
schools would take 3 years.
    In summary, although conditions in Nepal have improved following 
the April 2015 earthquake that led to Nepal's designation for TPS, the 
recovery and reconstruction process was delayed for several months due 
to civil unrest and the prolonged obstruction of Nepal's border with 
India. Some progress in rebuilding has been made, but Nepal continues 
to experience large numbers of persons without permanent or safe 
housing and a strained infrastructure that negatively impacts housing, 
food, medicine, and education.
    Based upon this review and after consultation with appropriate 
Government agencies, the Secretary finds 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); and

[[Page 74472]]

     There are approximately 8,950 beneficiaries under Nepal's 
TPS designation.

Notice of the Extension of the TPS Designation of Nepal

    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 conditions supporting Nepal's 
June 24, 2015 designation for TPS continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this 
determination, I am extending the existing designation of Nepal for TPS 
for 18 months from December 25, 2016 through June 24, 2018. See INA 
section 244(b)(3)(C), 8 U.S.C. 1245a(b)(3)(C).

Jeh Charles Johnson,
Secretary.

Required Application Forms and Application Fees To Register or Re-
Register for TPS

    To register or re-register for TPS based on the designation of 
Nepal, an applicant must submit each of the following two applications:
    1. Application for Temporary Protected Status (Form I-821).
     If you are filing an application for late initial 
registration, you must pay the fee for the Application for Temporary 
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and 
information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
     If you are filing an application for re-registration, you 
do not need to pay the fee for the Application for Temporary Protected 
Status (Form I-821). See 8 CFR 244.17. and
    2. Application for Employment Authorization (Form I-765).
     If you are applying for late initial registration and want 
an EAD, you must pay the fee for the Application for Employment 
Authorization (Form I-765) only if you are age 14 through 65. No fee 
for the Application for Employment Authorization (Form I-765) is 
required if you are under the age of 14 or are 66 and older and 
applying for late initial registration.
     If you are applying for re-registration, you must pay the 
fee for the Application for Employment Authorization (Form I-765) only 
if you want an EAD, regardless of age.
     You do not pay the fee for the Application for Employment 
Authorization (Form I-765) if you are not requesting an EAD, regardless 
of whether you are applying for late initial registration or re-
registration.
    You must submit both completed application forms together. If you 
are unable to pay for the Application for Employment Authorization 
(Form I-765) and/or biometrics fee, you may apply for a fee waiver by 
completing a Request for Fee Waiver (Form I-912) or submit a personal 
letter requesting a fee waiver, and provide 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 the Application for Temporary Protected Status (Form I-
821), the Application for Employment Authorization (Form I-765), and 
biometric services are also described in 8 CFR 103.7(b)(1)(i).

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 apply for 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 Re-Registration TPS Application After Receiving a Denial of 
a Fee Waiver Request

    USCIS urges all re-registering applicants to file as soon as 
possible within the 60-day re-registration period so that USCIS can 
process the applications and issue EADs promptly. Filing early will 
also allow those applicants who may receive denials of their fee waiver 
requests to have time to re-file their applications before the re-
registration deadline. If, however, an applicant receives a denial of 
his or her fee waiver request and is unable to re-file by the re-
registration deadline, the applicant may still re-file his or her 
application. This situation will be reviewed to determine whether the 
applicant has established good cause for late re-registration. However, 
applicants are urged to re-file within 45 days of the date on their 
USCIS fee waiver denial notice, if at all possible. See INA section 
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more 
information on good cause for late re-registration, visit the USCIS TPS 
Web page at http://www.uscis.gov/tps. Note: As previously stated, 
although a re-registering TPS beneficiary age 14 and older must pay the 
biometric services fee (but not the initial TPS application fee) when 
filing a TPS re-registration application, the applicant may decide to 
wait to request an EAD, and therefore not pay the Application for 
Employment Authorization (Form I-765) fee, until after USCIS has 
approved the individual's TPS re-registration, if he or she is 
eligible. If you choose to do this, you would file the Application for 
Temporary Protected Status (Form I-821) with the fee and the 
Application for Employment Authorization (Form I-765) without the fee 
and without requesting an EAD.

Mailing Information

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

                       Table 1--Mailing Addresses
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                If you:                   Then mail your application to:
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Would like to send your application by   USCIS, P.O. Box 7555, Chicago,
 U.S. Postal Service.                     IL 60680.
Would like to send your application by   Attn: Nepal TPS, 131 S.
 non-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 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,

[[Page 74473]]

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. 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 present 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.

Employment Authorization Document (EAD)

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

    To get case status information about your TPS application, 
including the status of a 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 June 24, 2017?

    Provided that you currently have TPS under the designation of 
Nepal, this Notice automatically extends your EAD by 6 months if you:
     Are a national of Nepal (or an alien having no nationality 
who last habitually resided in Nepal);
     Received an EAD under the initial designation of TPS for 
Nepal; and
     Have an EAD with a marked expiration date of December 24, 
2016, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category.''
    Although this Notice automatically extends your EAD through June 
24, 2017, you must re-register timely for TPS in accordance with the 
procedures described in this Notice if you would like to maintain your 
TPS.

When hired, what documentation may I show to my employer as proof of 
employment authorization and identity when completing 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 Form I-9. 
Within 3 days of hire, an employee must present proof of identity and 
employment authorization to his or her employer.
    You may present any document from List A (reflecting both your 
identity and employment authorization) or one document from List B 
(reflecting identity) together with one document from List C 
(reflecting employment authorization). Or you may present an acceptable 
receipt for List A, List B, or List C documents as described in the 
Form I-9 Instructions. An EAD is an acceptable document under ``List 
A.'' Employers may not reject a document based on a future expiration 
date.
    If your EAD has an expiration date of December 24, 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 June 24, 
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 
June 24, 2017. You may also show your employer a copy of this Federal 
Register Notice confirming the automatic extension of employment 
authorization through June 24, 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 December 24, 2016, that 
state ``A-12'' or ``C-19'' under ``Category''

[[Page 74474]]

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 December 24, 2016, is reached to meet its 
responsibilities for Form I-9 compliance. Your employer may need to 
reinspect your automatically extended EAD to check the expiration date 
and code to record the updated expiration date on your Form I-9 if he 
or she did not keep a copy of this EAD when you initially presented it. 
However, your employer does not need a new document to reverify your 
employment authorization until June 24, 2017, the expiration date of 
the automatic extension. Instead, you and your employer must make 
corrections to the employment authorization expiration dates in Section 
1 and Section 2 of Employment Eligibility Verification (Form I-9) (see 
the subsection titled ``What corrections should my current employer and 
I make to Form I-9 if my EAD has been automatically extended?'' for 
further information). In addition, you may also show this Federal 
Register Notice to your employer to explain what to do for Form I-9.
    By June 24, 2017, the expiration date of the automatic extension, 
your employer must reverify your employment authorization. At that 
time, you must present any document from List A or any document from 
List C on Form I-9 to reverify employment authorization, or an 
acceptable List A or List C receipt described in the Form I-9 
Instructions. Your employer should complete either Section 3 of the 
Form I-9 originally completed for you or, if this Section has already 
been completed or if the version of Form I-9 has expired (check the 
date in the upper right-hand corner of the form), complete Section 3 of 
a new Form I-9 of the most current version. Note that employers may not 
specify which List A or List C document employees must present and 
cannot reject an acceptable receipt.

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

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

What happens after June 24, 2017, for purposes of employment 
authorization?

    After June 24, 2017, employers may no longer accept the EADs that 
were issued under the initial TPS designation of Nepal and that this 
Federal Register Notice automatically extended. Before that time, 
however, USCIS will endeavor to issue new EADs to eligible TPS re-
registrants who request them. These new EADs will have an expiration 
date of June 24, 2018, and can be presented to your employer for 
completion of Form I-9. Alternatively, you may choose to present any 
other legally acceptable document or combination of documents listed on 
the Lists of Acceptable Documents for Form I-9.

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

    When using an automatically extended EAD to complete Form I-9 for a 
new job prior to June 24, 2017, you and your employer should do the 
following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work;''
    b. Write your alien number (USCIS number or A-number) in the first 
space (your EAD or other document from DHS will have your USCIS number 
or A-number printed on it; the USCIS number is the same as your A-
number without the A prefix); and
    c. Write the automatically extended EAD expiration date (June 24, 
2017) in the second space.
    2. For Section 2, employers should record the:
    a. Document title;
    b. Document number; and
    c. Automatically extended EAD expiration date (June 24, 2017).
    By June 24, 2017, employers must reverify the employee's employment 
authorization in Section 3 of Form I-9.

What corrections should my current employer and I make to 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 copy 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 second space;
    b. Write ``June 24, 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 ``June 24, 2017,'' above the previous date;
    c. Write ``TPS Ext.'' in the margin of Section 2; and
    d. Initial and date the correction in the margin of Section 2.
    By June 24, 2017, when the automatic extension of EADs expires, 
employers must reverify the employee's employment authorization in 
Section 3.

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

    E-Verify automated the verification process for employees whose TPS 
status was automatically extended in a Federal Register notice. 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. By June 24, 2017, you 
must reverify employment authorization in Section 3. Employers should 
not use E-Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Notice does not 
supersede or in any way limit applicable employment

[[Page 74475]]

verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. Calls and emails are accepted in English and many 
other languages. For questions about avoiding discrimination during the 
employment eligibility verification process, employers may also call 
the U.S. Department of Justice, 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, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email at [email protected]. Calls are accepted in English and many 
other languages. Employees or applicants may also call the 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 information regarding 
discrimination related to 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 for 
Form I-9 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 Form I-9 Instructions. Employers may not 
require extra or additional documentation beyond what is required for 
Form I-9 completion. Further, employers participating in E-Verify who 
receive an E-Verify case result of ``Tentative Nonconfirmation'' (TNC) 
must promptly and privately 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 Form I-9 differs from 
Federal or state government records.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay or take any adverse action against an employee based on the 
employee's decision to contest a TNC or because the case is still 
pending with E-Verify. A Final Nonconfirmation (FNC) case result is 
received when E-Verify cannot verify an employee's employment 
eligibility. An employer may terminate employment based on a case 
result of FNC. Work-authorized employees who receive an FNC may call 
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). An employee 
that believes he or she was discriminated against by an employer in the 
E-Verify process based on citizenship or immigration status, or based 
on national origin, may contact OSC's Worker Information Hotline at 
800-255-7688 (TTY 800-237-2515). Additional information about proper 
nondiscriminatory 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 that has been automatically extended or your 
EAD that has not expired;
    (2) A copy of this Federal Register Notice if your EAD is 
automatically extended under this Notice;
    (3) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration;
    (4) A copy of your past or current Application for Temporary 
Protected Status Notice of Action (Form I-797), if you received one 
from USCIS; and/or
    (5) If there is an automatic extension of work authorization, a 
copy of the fact sheet from the USCIS TPS Web site that provides 
information on the automatic extension.
    Check with the government agency regarding which document(s) the 
agency will accept. You may also provide the agency with a copy of this 
Federal Register Notice.
    Some benefit-granting agencies use the USCIS Systematic Alien 
Verification for Entitlements Program (SAVE) to 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 and fast 
service that lets you follow the progress of your SAVE verification 
using your date of birth and one immigration identifier number. If a 
benefit-granting 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. 2016-25907 Filed 10-25-16; 8:45 am]
 BILLING CODE 9111-97-P



                                                    74470                     Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices

                                                    South Korea                                             resided in Nepal) to retain TPS through                  • For further information on TPS,
                                                    Spain                                                   June 24, 2018, so long as they otherwise              including guidance on the application
                                                    St. Vincent and the Grenadines                          continue to meet the eligibility                      process and additional information on
                                                    Sweden                                                  requirements for TPS. The Secretary has               eligibility, please visit the USCIS TPS
                                                    Switzerland                                             determined that an extension is                       Web page at http://www.uscis.gov/tps.
                                                    Taiwan                                                  warranted because conditions in Nepal                    You can find specific information
                                                    Thailand                                                supporting its designation for TPS                    about the extension of Nepal’s
                                                    Timor-Leste                                             continue to be met.                                   designation for TPS by selecting
                                                    Tonga                                                      Through this Notice, DHS also sets                 ‘‘Nepal’’ from the menu on the left side
                                                    Turkey                                                  forth procedures necessary for nationals              of the TPS Web page.
                                                    Tuvalu                                                  of Nepal (or aliens having no nationality                • You can also contact Guillermo
                                                    Ukraine                                                 who last habitually resided in Nepal) to              Roman-Riefkohl, TPS Program Manager
                                                    United Kingdom                                          re-register for TPS and to apply for                  at the Waivers and Temporary Services
                                                    Uruguay                                                 renewal of their Employment                           Branch, Service Center Operations
                                                    Vanuatu                                                 Authorization Documents (EAD) with                    Directorate, U.S. Citizenship and
                                                      This notice does not affect the status                U.S. Citizenship and Immigration                      Immigration Services, Department of
                                                    of aliens who currently hold valid H–2A                 Services (USCIS). Re-registration is                  Homeland Security, 20 Massachusetts
                                                    or H–2B nonimmigrant status. Persons                    limited to persons who have previously                Avenue NW., Washington, DC 20529–
                                                    currently holding such status, however,                 registered for TPS under the designation              2060; or by phone at 202–272–1533 (this
                                                    will be affected by this notice should                  of Nepal and whose applications have                  is not a toll-free number). Note: The
                                                    they seek an extension of stay in H–2                   been granted. Certain nationals of Nepal              phone number provided here is solely
                                                    classification, or a change of status from              (or aliens having no nationality who last             for questions regarding this TPS Notice.
                                                    one H–2 status to another. Similarly,                   habitually resided in Nepal) who have                 It is not for individual case status
                                                    persons holding nonimmigrant status                     not previously applied for TPS may be                 inquires.
                                                    other than H–2 status are not affected by               eligible to apply under the late initial                 • Applicants seeking information
                                                    this notice unless they seek a change of                registration provisions, if they meet: (1)            about the status of their individual cases
                                                    status to H–2 status.                                   At least one of the late initial filing               can check Case Status Online, available
                                                      Nothing in this notice limits the                     criteria; and, (2) all TPS eligibility                at the USCIS Web site at http://
                                                    authority of the Secretary of Homeland                  criteria (including continuous residence              www.uscis.gov, or call the USCIS
                                                    Security or his or her designee or any                  in the United States since June 24, 2015,             National Customer Service Center at
                                                    other federal agency to invoke against                  and continuous physical presence in the               800–375–5283 (TTY 800–767–1833).
                                                    any foreign country or its nationals any                United States since June 24, 2015).                   Service is available in English and
                                                    other remedy, penalty, or enforcement                      For individuals who have already                   Spanish.
                                                    action available by law.                                been granted TPS under Nepal’s                           • Further information will also be
                                                                                                            designation, the 60-day re-registration               available at local USCIS offices upon
                                                    Jeh Charles Johnson,
                                                                                                            period runs from October 26, 2016                     publication of this Notice.
                                                    Secretary.
                                                                                                            through December 27, 2016. USCIS will                 SUPPLEMENTARY INFORMATION:
                                                    [FR Doc. 2016–25872 Filed 10–25–16; 8:45 am]            issue new EADs with a June 24, 2018
                                                    BILLING CODE 9110–9M–P                                  expiration date to eligible Nepal TPS                 Table of Abbreviations
                                                                                                            beneficiaries who timely re-register and              BIA—Board of Immigration Appeals
                                                                                                            apply for EADs under this extension.                  DHS—Department of Homeland Security
                                                    DEPARTMENT OF HOMELAND                                  Given the timeframes involved with                    EAD—Employment Authorization Document
                                                    SECURITY                                                processing TPS re-registration                        FNC—Final Nonconfirmation
                                                                                                            applications, DHS recognizes that not                 Government—U.S. Government
                                                    U.S. Citizenship and Immigration                                                                              IJ—Immigration Judge
                                                    Services                                                all re-registrants will receive new EADs
                                                                                                            before their current EADs expire on                   INA—Immigration and Nationality Act
                                                    [CIS No. 2590–16; DHS Docket No. USCIS–                                                                       OSC—Department of Justice, Office of
                                                                                                            December 24, 2016. Accordingly,
                                                    2015–0003]                                                                                                      Special Counsel for Immigration-Related
                                                                                                            through this Notice, DHS automatically                  Unfair Employment Practices
                                                    RIN 1615–ZB60                                           extends the validity of EADs issued                   SAVE—USCIS Systematic Alien Verification
                                                                                                            under the TPS designation of Nepal for                  for Entitlements Program
                                                    Extension of the Designation of Nepal                   6 months, through June 24, 2017, and                  Secretary—Secretary of Homeland Security
                                                    for Temporary Protected Status                          explains how TPS beneficiaries and                    TNC—Tentative Nonconfirmation
                                                                                                            their employers may determine which                   TPS—Temporary Protected Status
                                                    AGENCY: U.S. Citizenship and                            EADs are automatically extended and                   TTY—Text Telephone
                                                    Immigration Services, Department of                     their impact on the Employment                        USCIS—U.S. Citizenship and Immigration
                                                    Homeland Security.                                      Eligibility Verification (Form I–9) and E-              Services
                                                    ACTION: Notice.                                         Verify processes.                                     What is Temporary Protected Status
                                                    SUMMARY:   Through this Notice, the                     DATES: The 18-month extension of the                  (TPS)?
                                                    Department of Homeland Security                         TPS designation of Nepal is effective                   • TPS is a temporary immigration
                                                    (DHS) announces that the Secretary of                   December 25, 2016, and will remain in                 status granted to eligible nationals of a
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Homeland Security (Secretary) is                        effect through June 24, 2018. The 60-day              country designated for TPS under the
                                                    extending the designation of Nepal for                  re-registration period runs from October              Immigration and Nationality Act (INA),
                                                    Temporary Protected Status (TPS) for a                  26, 2016 through December 27, 2016.                   or to eligible persons without
                                                    period of 18 months, effective December                 (Note: It is important for re-registrants to          nationality who last habitually resided
                                                    25, 2016, through June 24, 2018.                        timely re-register during this 60-day                 in the designated country.
                                                      This extension allows eligible                        period and not to wait until their EADs                 • During the TPS designation period,
                                                    Nepalese nationals (and aliens having                   expire.)                                              TPS beneficiaries are eligible to remain
                                                    no nationality who last habitually                      FOR FURTHER INFORMATION CONTACT:                      in the United States, may not be


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                                                                              Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices                                           74471

                                                    removed, and are authorized to work                        Following the designation of a foreign             for rebuilding only began in April 2016,
                                                    and obtain EADs, so long as they                        state for TPS, the Secretary may then                 1 year after the earthquake. Because
                                                    continue to meet the requirements of                    grant TPS to eligible nationals of that               construction is difficult in monsoon
                                                    TPS.                                                    foreign state (or eligible aliens having no           season and winter, large-scale
                                                       • TPS beneficiaries may be granted                   nationality who last habitually resided               reconstruction is unlikely to begin
                                                    travel authorization as a matter of                     in that state). See INA section                       before 2017. In May 2016, Nepal’s Prime
                                                    discretion.                                             244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).                Minister estimated that it would take 2
                                                       • The granting of TPS does not result                Applicants must demonstrate that they                 years to complete the reconstruction of
                                                    in or lead to lawful permanent resident                 satisfy all eligibility criteria, including           private homes.
                                                    status.                                                 that they have been ‘‘continuously                       Sanitation was a challenge even
                                                       • When the Secretary terminates a                    physically present’’ in the United States             before the earthquake in Nepal, and the
                                                    country’s TPS designation through a                     since the effective date of the                       earthquake significantly set back
                                                    separate Federal Register notice,                       designation, which is either the date of              progress that had been made, destroying
                                                    beneficiaries return to the same                        the Federal Register notice announcing                75 percent of latrines in some affected
                                                    immigration status they maintained                      the designation or such later date as the             villages. The earthquake’s impact on
                                                    before TPS, if any (unless that status has              Secretary may determine, and that they                safe sanitation continues to be felt,
                                                    since expired or been terminated), or to                have ‘‘continuously resided’’ in the                  especially in urban areas like the
                                                    any other lawfully obtained immigration                 United States since such date as the                  Kathmandu valley, where there are land
                                                    status they received while registered for               Secretary may designate. See INA                      constraints and higher population
                                                    TPS.                                                    sections 244(a)(1)(A), (b)(2)(A),                     densities.
                                                                                                            (c)(1)(A)(i–ii); 8 U.S.C. 1254a(a)(1)(A),
                                                    When and why was Nepal designated                       (b)(2)(A), (c)(1)(A)(i–ii).                              Hospitals, roads, and schools all
                                                    for TPS?                                                                                                      suffered significant damage in the
                                                                                                            Why is the Secretary extending the TPS                earthquake and are slated to be rebuilt
                                                      On June 24, 2015, the Secretary                       designation for Nepal through June 24,                over the next 5 years, according to the
                                                    designated Nepal for TPS on                             2018?                                                 $8.3 billion reconstruction plan from
                                                    environmental disaster grounds for a
                                                                                                               The magnitude 7.8 earthquake that                  Nepal’s Reconstruction Authority. One
                                                    period of 18 months due to the
                                                                                                            struck Nepal on April 25, 2015 affected               year after the earthquake, 35,000
                                                    conditions caused by a severe
                                                                                                            more than 8 million people—roughly 25                 classrooms were estimated to have been
                                                    earthquake that occurred on April 25,
                                                                                                            to 33 percent of Nepal’s population—in                destroyed or severely damaged. The
                                                    2015. See Designation of Nepal for
                                                                                                            39 of Nepal’s 75 districts.                           U.N. Development Program is still
                                                    Temporary Protected Status, 80 FR
                                                                                                            Approximately 9,000 people died and                   working to clear debris from damaged
                                                    36346 (Jun. 24, 2015).
                                                                                                            22,000 were injured. More than 755,000                sites so that education services can be
                                                    What authority does the Secretary have                  homes were significantly damaged or                   restored. In May 2016, the Prime
                                                    to extend the designation of Nepal for                  destroyed. Although the Government of                 Minister of Nepal estimated that the
                                                    TPS?                                                    Nepal’s central ministries and agencies               reconstruction of schools would take 3
                                                       Section 244(b)(1) of the INA, 8 U.S.C.               are back to functioning at pre-                       years.
                                                    1254a(b)(1), authorizes the Secretary,                  earthquake levels, reconstruction efforts                In summary, although conditions in
                                                    after consultation with appropriate U.S.                have proceeded slowly. From late                      Nepal have improved following the
                                                    Government (Government) agencies, to                    September 2015 until February 2016,                   April 2015 earthquake that led to
                                                    designate a foreign state (or part thereof)             earthquake relief and recovery efforts                Nepal’s designation for TPS, the
                                                    for TPS if the Secretary finds that                     were impeded by civil unrest and the                  recovery and reconstruction process was
                                                    certain country conditions exist.1 The                  related obstruction of key crossings at               delayed for several months due to civil
                                                    Secretary can designate a foreign state                 the Nepal-India border. The border                    unrest and the prolonged obstruction of
                                                    for TPS based on one of three                           blockages created difficulties in the                 Nepal’s border with India. Some
                                                    circumstances. One circumstance is if                   delivery of humanitarian relief and                   progress in rebuilding has been made,
                                                    the Secretary finds that ‘‘. . . (i) there              reconstruction supplies to earthquake-                but Nepal continues to experience large
                                                    has been an earthquake, flood, drought,                 affected areas.                                       numbers of persons without permanent
                                                                                                               Life in the 14 districts most affected             or safe housing and a strained
                                                    epidemic, or other environmental
                                                                                                            by the earthquake continues to be                     infrastructure that negatively impacts
                                                    disaster in the state resulting in a
                                                                                                            disrupted, as most damaged or                         housing, food, medicine, and education.
                                                    substantial, but temporary, disruption of               destroyed homes, schools, health
                                                    living conditions in the area affected,                 facilities, and other buildings have not                 Based upon this review and after
                                                    (ii) the foreign state is unable,                       yet been repaired or rebuilt. According               consultation with appropriate
                                                    temporarily, to handle adequately the                   to the International Organization for                 Government agencies, the Secretary
                                                    return to the state of aliens who are                   Migration, as of August 2, 2016, 18,200               finds that:
                                                    nationals of the state, and (iii) the                   earthquake-affected people remain                        • There has been an earthquake,
                                                    foreign state officially has requested                  displaced in camps, representing 15                   flood, drought, epidemic, or other
                                                    designation under this subparagraph                     percent of those who were displaced in                environmental disaster in Nepal
                                                    . . .’’ INA section 244(b)(1)(B), 8 U.S.C.              the immediate aftermath of the                        resulting in a substantial, but temporary,
                                                    1254a(b)(1)(B).                                         earthquake. The Global Report on                      disruption of living conditions in the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Internal Displacement 2016 found that                 area affected. See INA section
                                                      1 As of March 1, 2003, in accordance with section
                                                                                                            Nepal had the third highest level of new              244(b)(1)(B)(i), 8 U.S.C.
                                                    1517 of title XV of the Homeland Security Act of
                                                    2002, Public Law 107–296, 116 Stat. 2135, any           displacement related to natural disasters             1254a(b)(1)(B)(i);
                                                    reference to the Attorney General in a provision of     worldwide. The Government of Nepal                       • Nepal is unable, temporarily, to
                                                    the INA describing functions transferred from the       has committed to using some of the $4.1               handle adequately the return of aliens
                                                    Department of Justice to DHS ‘‘shall be deemed to
                                                    refer to the Secretary’’ of Homeland Security. See
                                                                                                            billion pledged by international donors               who are nationals of Nepal. See INA
                                                    6 U.S.C. 557 (codifying the Homeland Security Act       to subsidize the rebuilding of 770,000                section 244(b)(1)(B)(ii), 8 U.S.C.
                                                    of 2002, tit. XV, section 1517).                        homes. However, distribution of grants                1254a(b)(1)(B)(ii); and


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                                                    74472                     Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices

                                                      • There are approximately 8,950                       Employment Authorization (Form I–                     Re-Filing a Re-Registration TPS
                                                    beneficiaries under Nepal’s TPS                         765) is required if you are under the age             Application After Receiving a Denial of
                                                    designation.                                            of 14 or are 66 and older and applying                a Fee Waiver Request
                                                                                                            for late initial registration.
                                                    Notice of the Extension of the TPS                        • If you are applying for re-                          USCIS urges all re-registering
                                                    Designation of Nepal                                    registration, you must pay the fee for the            applicants to file as soon as possible
                                                      By the authority vested in me as                      Application for Employment                            within the 60-day re-registration period
                                                    Secretary under INA section 244, 8                      Authorization (Form I–765) only if you                so that USCIS can process the
                                                    U.S.C. 1254a, I have determined, after                  want an EAD, regardless of age.                       applications and issue EADs promptly.
                                                    consultation with the appropriate                         • You do not pay the fee for the                    Filing early will also allow those
                                                    Government agencies, that conditions                    Application for Employment                            applicants who may receive denials of
                                                    supporting Nepal’s June 24, 2015                        Authorization (Form I–765) if you are                 their fee waiver requests to have time to
                                                    designation for TPS continue to be met.                 not requesting an EAD, regardless of                  re-file their applications before the re-
                                                    See INA section 244(b)(3)(A), 8 U.S.C.                  whether you are applying for late initial             registration deadline. If, however, an
                                                    1254a(b)(3)(A). On the basis of this                    registration or re-registration.                      applicant receives a denial of his or her
                                                    determination, I am extending the                         You must submit both completed
                                                                                                                                                                  fee waiver request and is unable to re-
                                                    existing designation of Nepal for TPS for               application forms together. If you are
                                                                                                                                                                  file by the re-registration deadline, the
                                                    18 months from December 25, 2016                        unable to pay for the Application for
                                                                                                            Employment Authorization (Form I–                     applicant may still re-file his or her
                                                    through June 24, 2018. See INA section                                                                        application. This situation will be
                                                    244(b)(3)(C), 8 U.S.C. 1245a(b)(3)(C).                  765) and/or biometrics fee, you may
                                                                                                            apply for a fee waiver by completing a                reviewed to determine whether the
                                                    Jeh Charles Johnson,                                    Request for Fee Waiver (Form I–912) or                applicant has established good cause for
                                                    Secretary.                                              submit a personal letter requesting a fee             late re-registration. However, applicants
                                                                                                            waiver, and provide satisfactory                      are urged to re-file within 45 days of the
                                                    Required Application Forms and                                                                                date on their USCIS fee waiver denial
                                                    Application Fees To Register or Re-                     supporting documentation. For more
                                                                                                            information on the application forms                  notice, if at all possible. See INA section
                                                    Register for TPS                                                                                              244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8
                                                                                                            and fees for TPS, please visit the USCIS
                                                       To register or re-register for TPS based             TPS Web page at http://www.uscis.gov/                 CFR 244.17(c). For more information on
                                                    on the designation of Nepal, an                         tps. Fees for the Application for                     good cause for late re-registration, visit
                                                    applicant must submit each of the                       Temporary Protected Status (Form I–                   the USCIS TPS Web page at http://
                                                    following two applications:                             821), the Application for Employment                  www.uscis.gov/tps. Note: As previously
                                                       1. Application for Temporary                         Authorization (Form I–765), and                       stated, although a re-registering TPS
                                                    Protected Status (Form I–821).                          biometric services are also described in              beneficiary age 14 and older must pay
                                                       • If you are filing an application for               8 CFR 103.7(b)(1)(i).                                 the biometric services fee (but not the
                                                    late initial registration, you must pay                                                                       initial TPS application fee) when filing
                                                    the fee for the Application for                         Biometric Services Fee
                                                                                                                                                                  a TPS re-registration application, the
                                                    Temporary Protected Status (Form I–                       Biometrics (such as fingerprints) are               applicant may decide to wait to request
                                                    821). See 8 CFR 244.2(f)(2) and 244.6                   required for all applicants 14 years of               an EAD, and therefore not pay the
                                                    and information on late initial filing on               age or older. Those applicants must                   Application for Employment
                                                    the USCIS TPS Web page at http://                       submit a biometric services fee. As                   Authorization (Form I–765) fee, until
                                                    www.uscis.gov/tps.                                      previously stated, if you are unable to               after USCIS has approved the
                                                       • If you are filing an application for               pay for the biometric services fee, you               individual’s TPS re-registration, if he or
                                                    re-registration, you do not need to pay                 may apply for a fee waiver by
                                                                                                                                                                  she is eligible. If you choose to do this,
                                                    the fee for the Application for                         completing a Request for Fee Waiver
                                                                                                                                                                  you would file the Application for
                                                    Temporary Protected Status (Form I–                     (Form I–912) or by submitting a
                                                                                                                                                                  Temporary Protected Status (Form I–
                                                    821). See 8 CFR 244.17. and                             personal letter requesting a fee waiver,
                                                       2. Application for Employment                        and providing satisfactory supporting                 821) with the fee and the Application
                                                    Authorization (Form I–765).                             documentation. For more information                   for Employment Authorization (Form I–
                                                       • If you are applying for late initial               on the biometric services fee, please                 765) without the fee and without
                                                    registration and want an EAD, you must                  visit the USCIS Web site at http://                   requesting an EAD.
                                                    pay the fee for the Application for                     www.uscis.gov. If necessary, you may be               Mailing Information
                                                    Employment Authorization (Form I–                       required to visit an Application Support
                                                    765) only if you are age 14 through 65.                 Center to have your biometrics                          Mail your application for TPS to the
                                                    No fee for the Application for                          captured.                                             proper address in Table 1.

                                                                                                                  TABLE 1—MAILING ADDRESSES
                                                    If you:                                                                              Then mail your application to:

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


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                                                                              Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices                                            74473

                                                    including the email address of the                      information on the acceptable                         When hired, what documentation may I
                                                    appropriate Service Center, you may go                  documentation and other requirements                  show to my employer as proof of
                                                    to the USCIS TPS Web page at http://                    for applying for TPS on the USCIS Web                 employment authorization and identity
                                                    www.uscis.gov/tps.                                      site at www.uscis.gov/tps under ‘‘TPS                 when completing Form I–9?
                                                                                                            Designated Country: Nepal.’’                             You can find a list of acceptable
                                                    E-Filing
                                                                                                            Do I need to submit additional                        document choices on the ‘‘Lists of
                                                      You cannot electronically file your
                                                                                                            supporting documentation?                             Acceptable Documents’’ for Form I–9.
                                                    application packet when applying for
                                                                                                                                                                  You can find additional detailed
                                                    initial registration for TPS. Please mail                 If one or more of the questions listed              information on the USCIS I–9 Central
                                                    your application packet to the mailing                  in Part 4, Question 2 of the Application              Web page at http://www.uscis.gov/I-
                                                    address listed in Table 1.                              for Temporary Protected Status (Form I–               9Central. Employers are required to
                                                    Supporting Documents                                    821) applies to you, then you must                    verify the identity and employment
                                                                                                            submit an explanation on a separate                   authorization of all new employees by
                                                    What type of basic supporting                           sheet(s) of paper and/or additional                   using Form I–9. Within 3 days of hire,
                                                    documentation must I submit?                            documentation. Depending on the                       an employee must present proof of
                                                       To meet the basic eligibility                        nature of the question(s) you are                     identity and employment authorization
                                                    requirements for TPS, you must submit                   addressing, additional documentation                  to his or her employer.
                                                    evidence that you:                                      alone may suffice, but usually a written                 You may present any document from
                                                       • Are a national of Nepal or an alien                explanation will also be needed.                      List A (reflecting both your identity and
                                                    having no nationality who last                          Employment Authorization Document                     employment authorization) or one
                                                    habitually resided in Nepal. Such                       (EAD)                                                 document from List B (reflecting
                                                    documents may include a copy of your                                                                          identity) together with one document
                                                    passport if available, other                            How can I obtain information on the                   from List C (reflecting employment
                                                    documentation issued by the                             status of my EAD request?                             authorization). Or you may present an
                                                    Government of Nepal showing your                           To get case status information about               acceptable receipt for List A, List B, or
                                                    nationality (e.g., national identity card,              your TPS application, including the                   List C documents as described in the
                                                    official travel documentation issued by                 status of a request for an EAD, you can               Form I–9 Instructions. An EAD is an
                                                    the Government of Nepal), and/or your                   check Case Status Online at http://                   acceptable document under ‘‘List A.’’
                                                    birth certificate with English translation              www.uscis.gov, or call the USCIS                      Employers may not reject a document
                                                    accompanied by photo identification.                    National Customer Service Center at                   based on a future expiration date.
                                                    USCIS will also consider certain forms                  800–375–5283 (TTY 800–767–1833). If                      If your EAD has an expiration date of
                                                    of secondary evidence supporting your                   your Application for Employment                       December 24, 2016, and states ‘‘A–12’’
                                                    Nepalese nationality. If the evidence                   Authorization (Form I–765) has been                   or ‘‘C–19’’ under ‘‘Category,’’ it has been
                                                    presented is insufficient for USCIS to                  pending for more than 90 days and you                 extended automatically for 6 months by
                                                    make a determination as to your                         still need assistance, you may request an             virtue of this Federal Register Notice,
                                                    nationality, USCIS may request                          EAD inquiry appointment with USCIS                    and you may choose to present your
                                                    additional evidence. If you cannot                      by using the InfoPass system at https://              EAD to your employer as proof of
                                                    provide a passport, birth certificate with              infopass.uscis.gov. However, we                       identity and employment authorization
                                                    photo identification, or a national                     strongly encourage you first to check                 for Form I–9 through June 24, 2017 (see
                                                    identity document with your photo or                    Case Status Online or call the USCIS                  the subsection titled ‘‘How do my
                                                    fingerprint, you must submit an                         National Customer Service Center for                  employer and I complete the
                                                    affidavit showing proof of your                         assistance before making an InfoPass                  Employment Eligibility Verification
                                                    unsuccessful efforts to obtain such                     appointment.                                          (Form I–9) using an automatically
                                                    documents and affirming that you are a                                                                        extended EAD for a new job?’’ for
                                                    national of Nepal. However, please be                   Am I eligible to receive an automatic 6-              further information). To minimize
                                                    aware that an interview with an                         month extension of my current EAD                     confusion over this extension at the
                                                    immigration officer will be required if                 through June 24, 2017?                                time of hire, you should explain to your
                                                    you do not present any documentary                         Provided that you currently have TPS               employer that USCIS has automatically
                                                    proof of identity or nationality or if                  under the designation of Nepal, this                  extended your EAD through June 24,
                                                    USCIS otherwise requests a personal                     Notice automatically extends your EAD                 2017. You may also show your
                                                    appearance. See 8 CFR 103.2(b)(9),                      by 6 months if you:                                   employer a copy of this Federal Register
                                                    244.9(a)(1);                                                                                                  Notice confirming the automatic
                                                       • Have continuously resided in the                      • Are a national of Nepal (or an alien
                                                                                                                                                                  extension of employment authorization
                                                    United States since June 24, 2015. See                  having no nationality who last
                                                                                                                                                                  through June 24, 2017. As an alternative
                                                    INA section 244(c)(1)(A)(ii); 8 U.S.C.                  habitually resided in Nepal);
                                                                                                                                                                  to presenting your automatically
                                                    1254a(c)(1)(A)(ii); 8 CFR 244.9(a)(2); and                 • Received an EAD under the initial                extended EAD, you may choose to
                                                       • Have been continuously physically                  designation of TPS for Nepal; and                     present any other acceptable document
                                                    present in the United States since June                    • Have an EAD with a marked                        from List A, a combination of one
                                                    24, 2015. See INA sections 244(b)(2)(A),                expiration date of December 24, 2016,                 selection from List B and one selection
                                                    (c)(1)(A)(i); 8 U.S.C. 1254a(b)(2)(A),                  bearing the notation ‘‘A–12’’ or ‘‘C–19’’
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                                                                                                                                                                  from List C, or a valid receipt.
                                                    (c)(1)(A)(i).                                           on the face of the card under
                                                       You must also present two color                      ‘‘Category.’’                                         What documentation may I show my
                                                    passport-style photographs of yourself.                    Although this Notice automatically                 employer if I am already employed but
                                                    The filing instructions on the                          extends your EAD through June 24,                     my current TPS-related EAD is set to
                                                    Application for Temporary Protected                     2017, you must re-register timely for                 expire?
                                                    Status (Form I–821) list all the                        TPS in accordance with the procedures                    Even though EADs with an expiration
                                                    documents needed to establish basic                     described in this Notice if you would                 date of December 24, 2016, that state
                                                    eligibility for TPS. You may also find                  like to maintain your TPS.                            ‘‘A–12’’ or ‘‘C–19’’ under ‘‘Category’’


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                                                    74474                     Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices

                                                    have been automatically extended for 6                  employers may not request proof of                      By June 24, 2017, employers must
                                                    months by this Federal Register Notice,                 Nepalese citizenship or proof of re-                  reverify the employee’s employment
                                                    your employer will need to ask you                      registration for TPS when completing                  authorization in Section 3 of Form I–9.
                                                    about your continued employment                         Form I–9 for new hires, making
                                                                                                                                                                  What corrections should my current
                                                    authorization once December 24, 2016,                   corrections, or reverifying the
                                                                                                                                                                  employer and I make to Form I–9 if my
                                                    is reached to meet its responsibilities for             employment authorization of current
                                                    Form I–9 compliance. Your employer                                                                            EAD has been automatically extended?
                                                                                                            employees. If presented with EADs that
                                                    may need to reinspect your                              have been automatically extended,                       If you are an existing employee who
                                                    automatically extended EAD to check                     employers should accept such EADs as                  presented a TPS-related EAD that was
                                                    the expiration date and code to record                  valid List A documents so long as the                 valid when you first started your job,
                                                    the updated expiration date on your                     EADs reasonably appear to be genuine                  but that EAD has now been
                                                    Form I–9 if he or she did not keep a                    and to relate to the employee. Refer to               automatically extended, your employer
                                                    copy of this EAD when you initially                     the Note to Employees section of this                 may need to reinspect your
                                                    presented it. However, your employer                    Notice for important information about                automatically extended EAD if your
                                                    does not need a new document to                         your rights if your employer rejects                  employer does not have a copy of the
                                                    reverify your employment authorization                  lawful documentation, requires                        EAD on file, and you and your employer
                                                    until June 24, 2017, the expiration date                additional documentation, or otherwise                should correct your previously
                                                    of the automatic extension. Instead, you                discriminates against you based on your               completed Form I–9 as follows:
                                                    and your employer must make                             citizenship or immigration status, or                   1. For Section 1, you should:
                                                    corrections to the employment                           your national origin.                                   a. Draw a line through the expiration
                                                    authorization expiration dates in                                                                             date in the second space;
                                                    Section 1 and Section 2 of Employment                   What happens after June 24, 2017, for                   b. Write ‘‘June 24, 2017,’’ above the
                                                    Eligibility Verification (Form I–9) (see                purposes of employment authorization?                 previous date;
                                                    the subsection titled ‘‘What corrections                   After June 24, 2017, employers may                   c. Write ‘‘TPS Ext.’’ in the margin of
                                                    should my current employer and I make                   no longer accept the EADs that were                   Section 1; and
                                                    to Form I–9 if my EAD has been                          issued under the initial TPS designation                d. Initial and date the correction in
                                                    automatically extended?’’ for further                   of Nepal and that this Federal Register               the margin of Section 1.
                                                    information). In addition, you may also                 Notice automatically extended. Before                   2. For Section 2, employers should:
                                                    show this Federal Register Notice to                    that time, however, USCIS will                          a. Draw a line through the expiration
                                                    your employer to explain what to do for                 endeavor to issue new EADs to eligible                date written in Section 2;
                                                    Form I–9.                                               TPS re-registrants who request them.                    b. Write ‘‘June 24, 2017,’’ above the
                                                       By June 24, 2017, the expiration date                These new EADs will have an                           previous date;
                                                    of the automatic extension, your                        expiration date of June 24, 2018, and                   c. Write ‘‘TPS Ext.’’ in the margin of
                                                    employer must reverify your                             can be presented to your employer for                 Section 2; and
                                                    employment authorization. At that time,                 completion of Form I–9. Alternatively,                  d. Initial and date the correction in
                                                    you must present any document from                      you may choose to present any other                   the margin of Section 2.
                                                    List A or any document from List C on                                                                           By June 24, 2017, when the automatic
                                                                                                            legally acceptable document or
                                                    Form I–9 to reverify employment                                                                               extension of EADs expires, employers
                                                                                                            combination of documents listed on the
                                                    authorization, or an acceptable List A or                                                                     must reverify the employee’s
                                                                                                            Lists of Acceptable Documents for Form
                                                    List C receipt described in the Form I–                                                                       employment authorization in Section 3.
                                                                                                            I–9.
                                                    9 Instructions. Your employer should                                                                          If I am an employer enrolled in E-Verify,
                                                    complete either Section 3 of the Form I–                How do my employer and I complete
                                                                                                                                                                  what do I do when I receive a ‘‘Work
                                                    9 originally completed for you or, if this              Form I–9 using an automatically
                                                                                                                                                                  Authorization Documents Expiration’’
                                                    Section has already been completed or                   extended EAD for a new job?
                                                                                                                                                                  alert for an automatically extended
                                                    if the version of Form I–9 has expired                    When using an automatically                         EAD?
                                                    (check the date in the upper right-hand                 extended EAD to complete Form I–9 for
                                                    corner of the form), complete Section 3                                                                          E-Verify automated the verification
                                                                                                            a new job prior to June 24, 2017, you
                                                    of a new Form I–9 of the most current                                                                         process for employees whose TPS status
                                                                                                            and your employer should do the
                                                    version. Note that employers may not                                                                          was automatically extended in a Federal
                                                                                                            following:
                                                    specify which List A or List C document                                                                       Register notice. If you have an employee
                                                                                                              1. For Section 1, you should:                       who is a TPS beneficiary who provided
                                                    employees must present and cannot
                                                                                                              a. Check ‘‘An alien authorized to                   a TPS-related EAD when he or she first
                                                    reject an acceptable receipt.
                                                                                                            work;’’                                               started working for you, you will receive
                                                    Can my employer require that I produce                    b. Write your alien number (USCIS                   a ‘‘Work Authorization Documents
                                                    any other documentation to prove my                     number or A-number) in the first space                Expiring’’ case alert when the auto-
                                                    status, such as proof of my Nepalese                    (your EAD or other document from DHS                  extension period for this EAD is about
                                                    citizenship?                                            will have your USCIS number or A-                     to expire. By June 24, 2017, you must
                                                       No. When completing Employment                       number printed on it; the USCIS                       reverify employment authorization in
                                                    Form I–9, including re-verifying                        number is the same as your A-number                   Section 3. Employers should not use E-
                                                    employment authorization, employers                     without the A prefix); and                            Verify for reverification.
                                                    must accept any documentation that                        c. Write the automatically extended
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                                                    appears on the Lists of Acceptable                      EAD expiration date (June 24, 2017) in                Note to All Employers
                                                    Documents for Form I–9 that reasonably                  the second space.                                       Employers are reminded that the laws
                                                    appears to be genuine and that relates to                 2. For Section 2, employers should                  requiring proper employment eligibility
                                                    you or an acceptable List A, List B, or                 record the:                                           verification and prohibiting unfair
                                                    List C receipt. Employers may not                         a. Document title;                                  immigration-related employment
                                                    request documentation that does not                       b. Document number; and                             practices remain in full force. This
                                                    appear on the Lists of Acceptable                         c. Automatically extended EAD                       Notice does not supersede or in any way
                                                    Documents for Form I–9. Therefore,                      expiration date (June 24, 2017).                      limit applicable employment


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                                                                              Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices                                                74475

                                                    verification rules and policy guidance,                 Verify. A Final Nonconfirmation (FNC)                 for Entitlements Program (SAVE) to
                                                    including those rules setting forth                     case result is received when E-Verify                 confirm the current immigration status
                                                    reverification requirements. For general                cannot verify an employee’s                           of applicants for public benefits. In most
                                                    questions about the employment                          employment eligibility. An employer                   cases, SAVE provides an automated
                                                    eligibility verification process,                       may terminate employment based on a                   electronic response to benefit granting
                                                    employers may call USCIS at 888–464–                    case result of FNC. Work-authorized                   agencies within seconds but
                                                    4218 (TTY 877–875–6028) or email                        employees who receive an FNC may call                 occasionally verification can be delayed.
                                                    USCIS at I-9Central@dhs.gov. Calls and                  USCIS for assistance at 888–897–7781                  You can check the status of your SAVE
                                                    emails are accepted in English and                      (TTY 877–875–6028). An employee that                  verification by using CaseCheck at the
                                                    many other languages. For questions                     believes he or she was discriminated                  following link: https://save.uscis.gov/
                                                    about avoiding discrimination during                    against by an employer in the E-Verify                casecheck/, then by clicking the ‘‘Check
                                                    the employment eligibility verification                 process based on citizenship or                       Your Case’’ button. CaseCheck is a free
                                                    process, employers may also call the                    immigration status, or based on national              and fast service that lets you follow the
                                                    U.S. Department of Justice, Office of                   origin, may contact OSC’s Worker                      progress of your SAVE verification
                                                    Special Counsel for Immigration-Related                 Information Hotline at 800–255–7688                   using your date of birth and one
                                                    Unfair Employment Practices (OSC)                       (TTY 800–237–2515). Additional                        immigration identifier number. If a
                                                    Employer Hotline, at 800–255–8155                       information about proper                              benefit-granting agency has denied your
                                                    (TTY 800–237–2515), which offers                        nondiscriminatory Form I–9 and E-                     application based solely or in part on a
                                                    language interpretation in numerous                     Verify procedures is available on the                 SAVE response, the agency must offer
                                                    languages, or email OSC at osccrt@                      OSC Web site at http://www.justice.gov/               you the opportunity to appeal the
                                                    usdoj.gov.                                              crt/about/osc/ and the USCIS Web site                 decision in accordance with the
                                                    Note to Employees                                       at http://www.dhs.gov/E-verify.                       agency’s procedures. If the agency has
                                                                                                            Note Regarding Federal, State, and                    received and acted upon or will act
                                                       For general questions about the                                                                            upon a SAVE verification and you do
                                                    employment eligibility verification                     Local Government Agencies (Such as
                                                                                                            Departments of Motor Vehicles)                        not believe the response is correct, you
                                                    process, employees may call USCIS at                                                                          may make an InfoPass appointment for
                                                    888–897–7781 (TTY 877–875–6028) or                        While Federal Government agencies                   an in-person interview at a local USCIS
                                                    email at I-9Central@dhs.gov. Calls are                  must follow the guidelines laid out by                office. Detailed information on how to
                                                    accepted in English and many other                      the Federal Government, state, and local              make corrections, make an appointment,
                                                    languages. Employees or applicants may                  government agencies establish their own               or submit a written request to correct
                                                    also call the OSC Worker Information                    rules and guidelines when granting                    records under the Freedom of
                                                    Hotline at 800–255–7688 (TTY 800–                       certain benefits. Each state may have                 Information Act can be found at the
                                                    237–2515) for information regarding                     different laws, requirements, and                     SAVE Web site at http://www.uscis.gov/
                                                    employment discrimination based upon                    determinations about what documents                   save, then by choosing ‘‘For Benefit
                                                    citizenship status, immigration status,                 you need to provide to prove eligibility              Applicants’’ from the menu on the left
                                                    or national origin, including                           for certain benefits. Whether you are                 and selecting ‘‘Questions about your
                                                    information regarding discrimination                    applying for a Federal, state, or local               Records?’’
                                                    related to Form I–9 and E-Verify. The                   government benefit, you may need to
                                                    OSC Worker Information Hotline                                                                                [FR Doc. 2016–25907 Filed 10–25–16; 8:45 am]
                                                                                                            provide the government agency with
                                                    provides language interpretation in                     documents that show you are a TPS
                                                                                                                                                                  BILLING CODE 9111–97–P
                                                    numerous languages.                                     beneficiary and/or show you are
                                                       To comply with the law, employers                    authorized to work based on TPS.
                                                    must accept any document or                             Examples are:                                         DEPARTMENT OF HOUSING AND
                                                    combination of documents from the                         (1) Your unexpired EAD that has been                URBAN DEVELOPMENT
                                                    Lists of Acceptable Documents for Form                  automatically extended or your EAD                    [Docket No. FR–5909–N–74]
                                                    I–9 if the documentation reasonably                     that has not expired;
                                                    appears to be genuine and to relate to                    (2) A copy of this Federal Register                 30-Day Notice of Proposed Information
                                                    the employee, or an acceptable List A,                  Notice if your EAD is automatically                   Collection: Section 8 Management
                                                    List B, or List C receipt described in the              extended under this Notice;                           Assessment Program
                                                    Form I–9 Instructions. Employers may                      (3) A copy of your Application for
                                                    not require extra or additional                         Temporary Protected Status Notice of                  AGENCY:  Office of the Chief Information
                                                    documentation beyond what is required                   Action (Form I–797) for this re-                      Officer, HUD.
                                                    for Form I–9 completion. Further,                       registration;                                         ACTION: Notice.
                                                    employers participating in E-Verify who                   (4) A copy of your past or current
                                                    receive an E-Verify case result of                                                                            SUMMARY:   HUD has submitted the
                                                                                                            Application for Temporary Protected
                                                    ‘‘Tentative Nonconfirmation’’ (TNC)                                                                           proposed information collection
                                                                                                            Status Notice of Action (Form I–797), if
                                                    must promptly and privately inform                                                                            requirement described below to the
                                                                                                            you received one from USCIS; and/or
                                                    employees of the TNC and give such                        (5) If there is an automatic extension              Office of Management and Budget
                                                    employees an opportunity to contest the                 of work authorization, a copy of the fact             (OMB) for review, in accordance with
                                                    TNC. A TNC case result means that the                   sheet from the USCIS TPS Web site that                the Paperwork Reduction Act. The
                                                    information entered into E-Verify from                                                                        purpose of this notice is to allow for an
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                                                                                                            provides information on the automatic
                                                    Form I–9 differs from Federal or state                  extension.                                            additional 30 days of public comment.
                                                    government records.                                       Check with the government agency                    DATES: Comments Due Date: November
                                                       Employers may not terminate,                         regarding which document(s) the agency                25, 2016.
                                                    suspend, delay training, withhold pay,                  will accept. You may also provide the                 ADDRESSES: Interested persons are
                                                    lower pay or take any adverse action                    agency with a copy of this Federal                    invited to submit comments regarding
                                                    against an employee based on the                        Register Notice.                                      this proposal. Comments should refer to
                                                    employee’s decision to contest a TNC or                   Some benefit-granting agencies use                  the proposal by name and/or OMB
                                                    because the case is still pending with E-               the USCIS Systematic Alien Verification               Control Number and should be sent to:


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Document Created: 2016-10-26 02:17:29
Document Modified: 2016-10-26 02:17:29
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.
DatesThe 18-month extension of the TPS designation of Nepal is effective December 25, 2016, and will remain in effect through June 24, 2018. The 60-day re-registration period runs from October 26, 2016 through December 27, 2016. (Note: It is important for re-registrants to timely re-register during this 60-day period and not to wait until their EADs expire.)
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.
FR Citation81 FR 74470 
RIN Number1615-ZB60

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